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

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

Vol. 155 WASHINGTON, TUESDAY, OCTOBER 13, 2009 No. 147 House of Representatives The House met at 12:30 p.m. and was PRAYER mittee votes on their version of the called to order by the Speaker pro tem- The Chaplain, the Reverend Daniel P. health care takeover, the American pore (Mr. MORAN of Virginia). Coughlin, offered the following prayer: people see business as usual in Wash- ington—more spending, more govern- f Lord God of heaven and Earth, may Your people, especially children, dream ment, and more taxes. The American people are more and DESIGNATION OF SPEAKER PRO great dreams and never become cyn- more shocked with these big govern- TEMPORE ical. May faith be their foundation and ment schemes. They understand that hope the dynamic of their lives. The SPEAKER pro tempore laid be- we need a set of reforms that will not fore the House the following commu- Give government leaders wisdom to hurt small businesses or families nication from the Speaker: accomplish great tasks on behalf of through tax penalties and unintelli- WASHINGTON, DC, Your people. May they provide a peace- gible government mandates. We do not October 13, 2009. ful and stable environment so that need thousands of more pages of regu- I hereby appoint the Honorable JAMES P. family life may flourish in this Nation. lations controlled by a health czar, the MORAN to act as Speaker pro tempore on this Let their good deeds and works of jus- day. most powerful and all-wise person on tice give You glory, both now and for- Earth. NANCY PELOSI, ever. Speaker of the House of Representatives. Republicans continue to offer solu- Amen. tions that promote potential of our f f proven free market system. We can MORNING-HOUR DEBATE THE JOURNAL help families and small businesses secure affordable health care regardless The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. The of preexisting conditions and ensure ant to the order of the House of Janu- Chair has examined the Journal of the choice. We must protect the doctor-pa- ary 6, 2009, the Chair will now recog- last day’s proceedings and announces tient relationship for senior citizens nize Members from lists submitted by to the House his approval thereof. and protect jobs. the majority and minority leaders for Pursuant to clause 1, rule I, the Jour- In conclusion, God bless our troops, morning-hour debate. nal stands approved. and we will never forget September the The Chair will alternate recognition f 11th in the global war on terrorism. between the parties, with each party PLEDGE OF ALLEGIANCE f limited to 30 minutes and each Mem- ber, other than the majority and mi- The SPEAKER pro tempore. Will the CONGRATULATING MR. MATTHEW nority leaders and the minority whip, gentleman from the Northern Mariana SAFERITE ON ARKANSAS SEC- limited to 5 minutes. Islands (Mr. SABLAN) come forward and ONDARY PRINCIPAL OF THE lead the House in the Pledge of Alle- YEAR f giance. (Mr. BOOZMAN asked and was given RECESS Mr. SABLAN led the Pledge of Alle- permission to address the House for 1 giance as follows: minute and to revise and extend his re- The SPEAKER pro tempore. Pursu- I pledge allegiance to the Flag of the marks.) ant to clause 12(a) of rule I, the Chair United States of America, and to the Repub- Mr. BOOZMAN. Mr. Speaker, I rise declares the House in recess until 2 lic for which it stands, one nation under God, today to congratulate Mr. Matthew p.m. today. indivisible, with liberty and justice for all. Saferite for being named Arkansas Sec- Accordingly (at 12 o’clock and 32 f ondary Principal of the Year. minutes p.m.), the House stood in re- Mr. Saferite, the principal of Ramay WE NEED REFORMS THAT DO NOT cess until 2 p.m. Junior High School in Fayetteville, Ar- HURT SMALL BUSINESSES AND kansas, demonstrates extraordinary f FAMILIES leadership and commitment to his stu- b 1400 (Mr. WILSON of South Carolina dents and his staff on a daily basis. He asked and was given permission to ad- works to identify and seek opportuni- AFTER RECESS dress the House for 1 minute and to re- ties for all who enter the halls of his The recess having expired, the House vise and extend his remarks.) school. was called to order by the Speaker pro Mr. WILSON of South Carolina. Mr. His hard work has made him a model tempore (Mr. CARNAHAN) at 2 p.m. Speaker, as the Senate Finance Com- of success for students as well as fellow

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.

H11175

VerDate Nov 24 2008 02:42 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.000 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11176 CONGRESSIONAL RECORD — HOUSE October 13, 2009 educators. True to form, he shares this intend to unveil their outline of a plan may have 5 legislative days to revise honor with his staff and students at to give amnesty to millions of illegal and extend their remarks and include Ramay, acknowledging the team effort immigrants. I don’t expect it to hold extraneous material on the bill under that is always on display at the school. many surprises. It is more likely to lay consideration. I commend Mr. Saferite for his pas- out the same proposal for amnesty that The SPEAKER pro tempore. Is there sion for educating our youth and his President Obama and the Democrats objection to the request of the gen- dedication to all in the community. I have promised all along to the illegal tleman from the Northern Mariana Is- wish him success in all future endeav- immigrant lobby. lands? ors, and I ask my colleagues to join me They should know that the bill There was no objection. in honoring an educator whose accom- doesn’t have a prayer because the Mr. SABLAN. Mr. Speaker, I yield plishments and devotion to the Third American people oppose rewarding myself as much time as I may con- District of Arkansas has not gone un- lawbreakers, which then encourages sume. noticed. more illegal immigration. Allowing Mr. Speaker, H.R. 3689, sponsored by millions of illegal immigrants to stay the chairman of the Committee on Nat- f and take jobs away from citizens is ural Resources, the gentleman from CHANGING A LIGHT BULB IS A like giving a burglar a key to the West Virginia, Mr. NICK RAHALL, and STIMULUS JOB house. the committee’s ranking member, the Illegal immigrants should play by (Mr. POE of Texas asked and was gentleman from Washington State, Mr. the rules, return home and wait their given permission to address the House DOC HASTINGS, will extend the time turn just like millions of legal immi- for 1 minute.) during which the Vietnam Veterans grants do. Mr. POE of Texas. Mr. Speaker, they Memorial Fund is authorized to estab- tell us, sir, that the stimulus bill is f lish a visitors center for the Vietnam working and creating jobs. Well, let’s ANNOUNCEMENT BY THE SPEAKER Veterans Memorial here in Wash- see. PRO TEMPORE ington, D.C. In Houston, some houses are getting Better known as the Vietnam Wall, The SPEAKER pro tempore. Pursu- the memorial is among the most vis- taxpayer funded home makeovers. ant to clause 8 of rule XX, the Chair ited sights in Washington and is an Wayne Dolcefino of KTRK Channel 13 will postpone further proceedings international symbol of reflection and Undercover in Houston reports that the today on motions to suspend the rules healing. Establishing a visitors center city is getting $327 million in stimulus on which a recorded vote or the yeas for the memorial is critical and more money to weatherize homes. Under the and nays are ordered, or on which the time is needed to complete the exten- stimulus boondoggle bonanza, tax- vote incurs objection under clause 6 of sive planning, design, and approval payers are on the hook for $6,500 per rule XX. house. Of course, not everyone is get- Record votes on postponed questions processes required for such a sensitive ting a home makeover. Most will be taken after 6:30 p.m. today. project. This bipartisan legislation extends the authorization through 2014. Houstonians aren’t going to get the f brand new ceiling fans installed. Chairman RAHALL has been inti- They’re not going to get the brand new EXTENDING AUTHORITY TO BUILD mately involved with the development insulation and the weather stripping or VIETNAM VETERANS MEMORIAL of this visitors center, and I join him, the brand new refrigerators. And most VISITOR CENTER along with Representative DOC won’t even get the new curly light Mr. SABLAN. Mr. Speaker, I move to HASTINGS, in urging our colleagues to bulbs that contain mercury. They’ll suspend the rules and pass the bill support this bill. just get stuck with the bill. (H.R. 3689) to provide for an extension I reserve the balance of my time. How does greening homes for a se- of the legislative authority of the Viet- Mr. YOUNG of Alaska. Thank you, lected group of handpicked people cre- nam Veterans Memorial Fund, Inc. to Mr. Speaker, for recognizing Alaska, ate jobs? Well, it doesn’t. Paying peo- establish a Vietnam Veterans Memo- the greatest State in the Union, the ple to change out the light bulbs is rial Visitor Center, and for other pur- largest State in the Union, with the what the taxacrats call a green job. No poses. one congressman that does the whole wonder Americans are just shaking The Clerk read the title of the bill. job of the State of the Union. Thank their heads in contempt of government. The text of the bill is as follows: you. I yield myself such time as I may So the stimulus scam continues. H.R. 3689 consume. And that’s just the way it is. Be it enacted by the Senate and House of Rep- This bill was introduced by Chairman resentatives of the United States of America in RAHALL and Ranking Member f Congress assembled, HASTINGS to allow additional time for SECTION 1. EXTENSION OF LEGISLATIVE AU- the Vietnam Veterans Memorial Fund APPOINTMENT AS MEMBER TO THORITY FOR VIETNAM MEMORIAL ELECTION ASSISTANCE COMMIS- VISITOR CENTER. to raise private funds for the construc- SION BOARD OF ADVISORS Section 6(b) of Public Law 96–297 (16 U.S.C. tion of the underground visitors center 431 note) is amended— on The Mall. The SPEAKER pro tempore. Pursu- (1) in paragraph (3), by striking ‘‘and’’ at I ask my colleagues to join me in ant to section 214(a) of the Help Amer- the end; supporting this great piece of legisla- ica Vote Act of 2002 (42 U.S.C. 15344), (2) in paragraph (4), by striking the period tion. and the order of the House of January and inserting ‘‘; and’’; and I reserve the balance of my time. 6, 2009, the Chair announces the Speak- (3) by inserting after paragraph (4) the fol- Mr. SABLAN. Mr. Speaker, I have no er’s appointment of the following mem- lowing: ‘‘(5) any reference in section 8903(e) of title additional speakers, but I would like to ber on the part of the House to the inquire of the minority if he has any Election Assistance Commission Board 40, United States Code, to the expiration at the end of or extension beyond a seven-year additional speakers. of Advisors: period shall be considered to be a reference Mr. YOUNG of Alaska. I have no Ms. Lillie Coney, Washington, D.C. to an expiration on or extension beyond No- other additional speakers. f vember 17, 2014.’’. I yield back the balance of my time. The SPEAKER pro tempore. Pursu- Mr. SABLAN. Mr. Speaker, I again DEMOCRAT AMNESTY PLAN HAS ant to the rule, the gentleman from the urge Members to support the bill, and I NO PRAYER Northern Mariana Islands (Mr. SABLAN) yield back the balance of my time. (Mr. SMITH of Texas asked and was and the gentleman from Alaska (Mr. The SPEAKER pro tempore. The given permission to address the House YOUNG) each will control 20 minutes. question is on the motion offered by for 1 minute and to revise and extend The Chair recognizes the gentleman the gentleman from the Northern Mar- his remarks.) from the Northern Mariana Islands. iana Islands (Mr. SABLAN) that the Mr. SMITH of Texas. Mr. Speaker, GENERAL LEAVE House suspend the rules and pass the today, this afternoon, several of my Mr. SABLAN. Mr. Speaker, I ask bill, H.R. 3689. colleagues on the other side of the aisle unanimous consent that all Members The question was taken.

VerDate Nov 24 2008 02:42 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.003 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11177 The SPEAKER pro tempore. In the Mr. Speaker, H.R. 1593 would des- H.R. 3537 opinion of the Chair, two-thirds being ignate a segment of Illabot Creek in Be it enacted by the Senate and House of Rep- in the affirmative, the ayes have it. Skagit County, Washington, as a com- resentatives of the United States of America in Mr. SABLAN. Mr. Speaker, on that I ponent of the National Wild and Scenic Congress assembled, demand the yeas and nays. Rivers Systems. SECTION 1. SHORT TITLE. The yeas and nays were ordered. The Forest Service studied Illabot This Act may be cited as the ‘‘Junior Duck The SPEAKER pro tempore. Pursu- Creek for potential Wild and Scenic Stamp Conservation and Design Program Re- authorization Act of 2009’’. ant to clause 8 of rule XX and the River designation in conjunction with SEC. 2. FINDINGS. Chair’s prior announcement, further the National Forest planning process. Congress finds the following: proceedings on this motion will be The study found that the creek pos- (1) In 2007–2008, sales of the $5 Junior Duck postponed. sesses outstandingly remarkable val- Stamp generated more than $100,000 in rev- f ues. For example, the river is home to enue, all of which was used to provide edu- a bald eagle communal night roost and cational materials for the program, fund DESIGNATING SEGMENT OF is important habitat for bear, beaver, scholarships for students, and support and ILLABOT CREEK AS A NATIONAL and spotted owls, to name a few. promote the program’s goal of connecting WILD AND SCENIC RIVER Mr. Speaker, we commend our distin- children with nature. (2) Now in its 20th year, the Junior Duck Mr. SABLAN. Mr. Speaker, I move to guished colleague Representative Rick Stamp Conservation and Design Program is suspend the rules and pass the bill Larsen for his hard work and dedica- one of this country’s oldest and most suc- (H.R. 1593) to amend the Wild and Sce- tion to this legislation. We support cessful government-sponsored, youth-focused nic Rivers Act to designate a segment passage of H.R. 1593, and urge its adop- conservation biology programs. The program of Illabot Creek in Skagit County, tion by the House today. continues to build strong partnerships with Washington, as a component of the Na- I reserve the balance of my time. public and parochial schools, homeschoolers tional Wild and Scenic Rivers System, Mr. YOUNG of Alaska. Mr. Speaker, I and after-school programs, and other youth- yield myself such time as I may con- focused education programs throughout the as amended. country. The Clerk read the title of the bill. sume. (3) The Junior Duck Stamp Conservation The text of the bill is as follows: H.R. 1593 will designate segments of and Design Program continues to foster H.R. 1593 the Illabot Creek in Skagit County, strong partnerships among Federal and Be it enacted by the Senate and House of Rep- Washington, as a component of the Na- State government agencies, nongovernment resentatives of the United States of America in tional Wild and Scenic Rivers System. organizations, the business community, and Congress assembled, The area being designated is located others in the private sector to promote within the Baker-Snoqualmie National youth conservation initiatives. SECTION 1. DESIGNATION OF WILD AND SCENIC (4) With its conservation-focused science RIVER SEGMENTS. Forest. The total designated is 14.3 and arts curriculum, the Junior Duck Stamp Section 3(a) of the Wild and Scenic Rivers miles in two separate segments. Conservation and Design Program has helped Act (16 U.S.C. 1274(a)) is amended by adding Although I personally do not believe prepare hundreds of thousands of students to at the end the following: a wild and scenic designation is nec- become stewards of America’s irreplaceable ‘‘(ll) ILLABOT CREEK, WASHINGTON.— essarily the best way to manage our wild places and treasured outdoor heritage. ‘‘(A) The 14.3 mile segment from the head- waters of Illabot Creek to the northern ter- river resources in every instance, I un- SEC. 3. REPORTING REQUIREMENT. minus as generally depicted on the map ti- derstand that this bill excludes a sec- Section 2(c)(2) of the Junior Duck Stamp tled ‘Illabot Creek Proposed WSR – Northern tion of the river crossed by a needed Conservation and Design Program Act of 1994 Terminus’, dated September 15, 2009, to be road and now has local support. I do (16 U.S.C. 719(c)(2)) is amended to read as fol- administered by the Secretary of Agriculture not object at this time to the passage lows: ‘‘(2) REPORTING REQUIREMENT.—Beginning as follows: of this legislation. ‘‘(i) The 4.3 mile segment from the head- in 2010 and every 5 years thereafter, the Sec- I reserve the balance of my time. retary shall submit to Congress a report on waters of Illabot Creek to the boundary of Mr. SABLAN. Mr. Speaker, I have no Glacier Peak Wilderness Area as a wild river. the status of the Program in each State.’’. ‘‘(ii) The 10 mile segment from the bound- additional requests for time. I would SEC. 4. AUTHORIZATION OF APPROPRIATIONS. ary of Glacier Peak Wilderness to the north- inquire of the minority whether they Section 6 of the Junior Duck Stamp Con- ern terminus as generally depicted on the have any additional speakers. servation and Design Program Act of 1994 (16 map titled ‘Illabot Creek Proposed WSR – Mr. YOUNG of Alaska. I have no fur- U.S.C. 719c) is amended to read as follows: Northern Terminus’, dated September 15, ther requests for time. ‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 2009, as a recreational river. I yield back the balance of my time. ‘‘There is authorized to be appropriated to ‘‘(B) Action required to be taken under Mr. SABLAN. Mr. Speaker, I again the Secretary for administrative expenses of the Program $500,000 for each of fiscal years subsection (d)(1) for the river segments des- urge Members to support this bill, and ignated under this paragraph shall be com- 2010 through 2015.’’. pleted through revision of the Skagit Wild I yield back the balance of my time. The SPEAKER pro tempore. The The SPEAKER pro tempore. Pursu- and Scenic River comprehensive manage- ant to the rule, the gentleman from the ment plan.’’. question is on the motion offered by the gentleman from the Northern Mar- Northern Mariana Islands (Mr. SABLAN) The SPEAKER pro tempore. Pursu- and the gentleman from Alaska (Mr. ant to the rule, the gentleman from the iana Islands (Mr. SABLAN) that the House suspend the rules and pass the YOUNG) each will control 20 minutes. Northern Mariana Islands (Mr. SABLAN) The Chair recognizes the gentleman bill, as amended. and the gentleman from Alaska (Mr. from the Northern Mariana Islands. YOUNG) each will control 20 minutes. The question was taken; and (two- thirds being in the affirmative) the GENERAL LEAVE The Chair recognizes the gentleman Mr. SABLAN. Mr. Speaker, I ask from the Northern Mariana Islands. rules were suspended and the bill, as amended, was passed. unanimous consent that all Members GENERAL LEAVE A motion to reconsider was laid on may have 5 legislative days in which to Mr. SABLAN. Mr. Speaker, I ask the table. revise and extend their remarks and in- unanimous consent that all Members clude extraneous material on the bill may have 5 legislative days to revise f under consideration. and extend their remarks and to in- The SPEAKER pro tempore. Is there clude extraneous material on the bill JUNIOR DUCK STAMP CONSERVA- objection to the request of the gen- under consideration. TION AND DESIGN PROGRAM RE- tleman from the Northern Mariana Is- The SPEAKER pro tempore. Is there AUTHORIZATION ACT OF 2009 lands? objection to the request of the gen- Mr. SABLAN. Mr. Speaker, I move to There was no objection. tleman from the Northern Mariana Is- suspend the rules and pass the bill Mr. SABLAN. Mr. Speaker, I yield lands? (H.R. 3537) to amend and reauthorize myself as much time as I may con- There was no objection. the Junior Duck Stamp Conservation sume. Mr. SABLAN. Mr. Speaker, I yield and Design Program Act of 1994. Mr. Speaker, Congress passed the myself as much time as I may con- The Clerk read the title of the bill. Junior Duck Stamp Conservation and sume. The text of the bill is as follows: Design Program Act in 1994 to connect

VerDate Nov 24 2008 02:42 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.006 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11178 CONGRESSIONAL RECORD — HOUSE October 13, 2009 children with nature through science I am very happy to say that it is one of this SECTION 1. PAYMENT OF NON-FEDERAL SHARE and art. This act promotes the edu- OF PROJECTS IN MEXICO AND CAN- country’s oldest and most successful youth-fo- ADA UNDER NORTH AMERICAN WET- cation of students from kindergarten cused conservation programs in the federal LANDS CONSERVATION ACT. through high school about migratory government, and over the years, JDS has ex- (a) IN GENERAL.—Section 8(b)(3) of the waterfowl and the habitats through the panded to all 50 States, the District of Colum- North American Wetlands Conservation Act distribution of educational materials bia, and the U.S. Territories. (16 U.S.C. 4407(b)(3)) is amended to read as and the promotion of a wildlife art For those of you who don’t know about the follows: competition. JDS Program, it is a conservation-focused ‘‘(3) The non-Federal share of the United States contribution to the costs of such b 1415 science and arts curriculum for grade-school projects may not be derived from Federal and high-school students. It is an art contest grant programs. In the case of a project car- Today, more than 27,000 students par- centered around studies that teach the fun- ticipate in the Nationwide Junior Duck ried out in Canada or Mexico, the non-Fed- damentals of waterfowl anatomy and environ- eral share of the costs of the project may in- Stamp art contest, and the winning de- mental science. clude cash contributions from non-United sign is reproduced as the Federal Jun- Students submit their artwork depicting wa- States sources that are used to pay costs of ior Duck Stamp. The pending measure terfowl in natural habitat settings to a state or the project. In the case of a project carried will simply reauthorize the Junior territory contest. Winners from these contests out in Canada, funds from Canadian sources may comprise up to 50 percent of the non- Duck Stamp Program. are submitted for the national contest. Just as I commend my good friend, Congress- Federal share of the costs of the project.’’. in Duck Stamps, the winning artwork at the man SOLOMON ORTIZ from Texas, for his (b) APPLICATION.—The amendment made by national JDS contest is used to create a Jun- leadership in reauthorizing the Junior subsection (a) shall apply with respect to ior Duck Stamp for the following year. any approved and active wetlands conserva- Duck Stamp Program, and we urge our The stamps are sold by the U.S. Postal tion project (as that term is used in section colleagues to support passage of this Service and consignees for $5 per stamp. Pro- 8(b)(1) of such Act) carried out with assist- measure. ceeds from the sale of the stamps support ance provided under such Act, including such I reserve the balance of my time. conservation education and are used for a project approved before the date of the en- Mr. YOUNG of Alaska. Mr. Speaker, I actment of this Act. yield myself such time as I may con- awards and scholarships for the students, teachers, and schools that participate in the The SPEAKER pro tempore. Pursu- sume. ant to the rule, the gentleman from the The Junior Duck Stamp Program program. I must commend the JDS administrators Northern Mariana Islands (Mr. SABLAN) was developed 20 years ago and first au- and the gentleman from Alaska (Mr. thorized by Congress in 1994. Today, and coordinators at the national, state, and YOUNG) each will control 20 minutes. more than 28,000 students participate local levels; the teachers and schools that support the JDS program; and the students The Chair recognizes the gentleman in the conservation curriculum and an- from the Northern Mariana Islands. nual nationwide wildlife art contest. who participate each year in the contest for GENERAL LEAVE During hearings of this legislation, the success of the Junior Duck Stamp Pro- one of the witnesses was a teacher from gram. Mr. SABLAN. Mr. Speaker, I ask an elementary school in Frederick, Your dedication and hard work have made unanimous consent that all Members Maryland. In her statement, she noted: this program a premier wildlife conservation may have 5 legislative days in which to ‘‘As a teacher, I believe that the Junior education tool, and I am proud to be associ- revise and extend their remarks and in- Duck Stamp Program is an excellent ated with it. clude extraneous material on the bill learning opportunity for students at all Mr. Speaker, I ask my colleagues to join me under consideration. The SPEAKER pro tempore. Is there grade levels. What is difficult for me to in supporting this very worthy program. objection to the request of the gen- put into words is the looks on the curi- Mr. YOUNG of Alaska. I yield back tleman from the Northern Mariana Is- ous faces of my students as they re- the balance of my time. lands? search to learn about various water- Mr. SABLAN. Mr. Speaker, I again There was no objection. fowl and their habitat; the looks of de- urge Members to support the bill, and I Mr. SABLAN. Mr. Speaker, I yield termination as they work hard to cap- yield back the balance of my time. myself as much time as I might con- ture the likeness of the birds; and the The SPEAKER pro tempore. The sume. smiles when their entries are finally question is on the motion offered by In combating the dramatic loss of completed.’’ the gentleman from the Northern Mar- wetland ecosystems, Congress enacted This is an excellent program, Mr. iana Islands (Mr. SABLAN) that the the North American Wetlands Con- Speaker, and a sound investment of House suspend the rules and pass the servation Act in 1989 providing a fund- U.S. taxpayer dollars. The Junior Duck bill, H.R. 3537. ing mechanism to support cooperative, Stamp Program should be extended for The question was taken; and (two- public-private wetlands conservation an additional 5 years. thirds being in the affirmative) the I would also like to compliment the rules were suspended and the bill was efforts throughout North America. authors of this bill, Congressmen SOL- passed. These projects have protected, re- OMON ORTIZ and HENRY E. BROWN, Jr., A motion to reconsider was laid on stored, or enhanced approximately 23 for their leadership on behalf of wild- the table. million acres of wetlands in the United life conservation of this Nation. f States, Canada, and Mexico. This is a good piece of legislation, However, the recent economic reces- PERMITTING ACCEPTANCE OF sion and the matching requirements Mr. Speaker, and I urge an ‘‘aye’’ vote NON-U.S. FUNDS FOR CANADIAN on H.R. 3537. under the act have made it difficult to WETLAND CONSERVATION generate non-Federal matching con- Mr. ORTIZ. Mr. Speaker, I rise in support of PROJECTS H.R. 3537, the Junior Duck Stamp Conserva- tributions for some critical wetland tion and Design Program Reauthorization Act Mr. SABLAN. Mr. Speaker, I move to habitat conservation projects. The of 2009. suspend the rules and pass the bill pending measure would amend the act I had the privilege of sponsoring the original (H.R. 3433) to amend the North Amer- to increase flexibility for grant recipi- legislation to authorize this program in 1994. ican Wetlands Conservation Act to es- ents to meet matching fund require- As the chairman of the Oceanography, Gulf of tablish requirements regarding payments and ensure that the highest pri- Mexico, and Outer Continental Shelf Sub- ment of the non-Federal share of the ority projects are funded throughout committee of the Merchant Marine and Fish- costs of wetlands conservation projects North America. eries Committee, I was asked to help pass au- in Canada that are funded under that I commend Congressman WITTMAN of thorizing legislation for the Junior Duck Stamp Act, and for other purposes. Virginia for his leadership in wetland Program. The Clerk read the title of the bill. conservation. I urge the passage of the I was familiar with the successful Duck The text of the bill is as follows: legislation. Stamp Program but had never heard of the H.R. 3433 I reserve the balance of my time. Junior Duck Stamp, JDS, Program. Be it enacted by the Senate and House of Rep- Mr. YOUNG of Alaska. Mr. Speaker, I Now, 15 years later, this is the third reau- resentatives of the United States of America in yield myself such time as I may con- thorization of this program. Congress assembled, sume

VerDate Nov 24 2008 02:42 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.009 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11179 Since 1989, the North American Wet- conservation partners to fund a greater num- tleman from the Northern Mariana Is- lands Conservation Act has required ber of important wetland preservation projects lands? that each Federal dollar spent on the north of the border. There was no objection. conservation project be matched by The authorization of appropriations for the Mr. SABLAN. I yield myself such private, non-governmental money. North American Wetlands Conservation Act time as I may consume. However, due to the irreplaceable na- does not expire until September 30, 2012. We Mr. Speaker, this legislation, spon- ture of the breeding waterfowl habitat simply cannot wait to make this change be- sored by Representative GARRETT, will in Canada, a decision was made not to cause the nonmatching share imbalance will authorize the Citizen Advisory Com- require matching funds for Canadian continue to grow and must be paid before the mission for the Delaware Water Gap projects from private Canadian authorization expires. National Recreation Area for the next sources. The language of this legislation has been 10 years. The advisory commission has As a result of the economic down- fully vetted and been endorsed by all inter- provided two decades of guidance and turn, however, it has become increas- ested parties including the Fish and Wildlife input that has assisted in the manage- ingly difficult to meet the 100 percent Service, the member of the North American ment of the national recreation area matching requirement here in the Wetlands Conservation Council which includes and should be allowed to continue its United States. According to the Fish Ducks Unlimited, as well as the National Au- work. I urge my colleagues to support H.R. and Wildlife Service, there will be some dubon Society and the American Bird Conser- 3476. $70 million worth of projects in Canada vancy. I reserve the balance of my time. during the current 5-year funding cycle I ask my colleagues to support H.R. 3433. Mr. YOUNG of Alaska. Mr. Speaker, I which began in 2007. Under the current Mr. YOUNG of Alaska. I yield back yield myself such time as I may con- law, this means that $70 million in pri- the balance of my time. sume. vate matching money must be pro- Mr. SABLAN. Mr. Speaker, I again The Delaware Water Gap National vided. urge support of the bill, and I yield Recreation Area is the National Park Under H.R. 3433, the North American back the balance of my time. Service’s largest outdoor recreation Wetlands Conservation Act would be The SPEAKER pro tempore. The area in the Northeastern United amended to require at least 50 percent question is on the motion offered by States. This recreation area includes of non-Federal share of projects in Can- the gentleman from the Northern Mar- 67,000 acres along 40 scenic miles of the ada be paid for by Canadian non-gov- iana Islands (Mr. SABLAN) that the Delaware River in the States of New ernmental entities. There was unani- House suspend the rules and pass the Jersey and Pennsylvania. With 5 mil- mous support for this measure during bill, H.R. 3433. lion recreational visits each year, it is our committee markup, and this is an The question was taken; and (two- our 10th most visited national park. appropriate change in our Federal law. thirds being in the affirmative) the Our colleague, Mr. GARRETT, intro- I would also like to compliment the rules were suspended and the bill was duced H.R. 3476 to enhance citizen par- author of this bill, Congressman passed. ticipation in the administration of the WITTMAN of Virginia, for his out- A motion to reconsider was laid on park by extending the recreation area’s standing leadership and for his service the table. Citizen Advisory Commission for an- on the Migratory Bird Conservation f other 9 years to the year 2018. I am Commission. REAUTHORIZING DELAWARE pleased to join Mr. GARRETT in support I urge an ‘‘aye’’ vote. WATER GAP NATIONAL RECRE- of this legislation. Mr. WITTMAN. Mr. Speaker, I rise in sup- ATION AREA CITIZEN ADVISORY Mr. YOUNG of Alaska. Mr. Speaker, port of H.R. 3433. COMMISSION at this time I yield 3 minutes to the I introduced H.R. 3433 to provide for a sim- gentleman from New Jersey (Mr. GAR- Mr. SABLAN. Mr. Speaker, I move to ple, timely and essential change to the North RETT), the author of this fine piece of American Wetlands Conservation Act. suspend the rules and pass the bill legislation. Under current law, Congress appropriates (H.R. 3476) to reauthorize the Delaware Mr. GARRETT of New Jersey. I money each year to be spent on projects to Water Gap National Recreation Area thank the gentleman from Alaska for acquire, enhance, protect and restore wet- Citizen Advisory Commission. recognizing what a fine piece of legisla- lands in Canada, Mexico and the United The Clerk read the title of the bill. tion it is and appreciate his support of States. The text of the bill is as follows: this legislation as well. In fact, this remarkable program, which is H.R. 3476 Mr. Speaker, I rise today in support now celebrating its 20th anniversary, has fund- Be it enacted by the Senate and House of Rep- of H.R. 3476. It is a bipartisan bill to reed over 1,600 projects to conserve more than resentatives of the United States of America in authorize the Delaware Water Gap Na- 20 million acres of wetlands and associated Congress assembled, tional Recreation Area Citizens Advi- uplands across North America. This conserva- SECTION 1. REAUTHORIZATION OF DELAWARE sory Commission through the year WATER GAP NATIONAL RECREATION tion has helped ensure improved waterfowl AREA CITIZEN ADVISORY COMMIS- 2018. And both Representative CARNEY hunting across North America. SION. and I believe that this citizen action Since 1989, this landmark law has required (a) REAUTHORIZATION.—Section 5 of Public group serves as an important liaison that each Federal dollar spent on a conserva- Law 100–573 (16 U.S.C. 460o note) is amended between the National Park Service, tion project be matched by non-federal money. by striking ‘‘20’’ and inserting ‘‘30’’. their officials, and the neighbors in the However, due to the irreplaceable nature of (b) EFFECTIVE DATE.—This section shall be area. the breeding waterfowl habitat in Canada, a deemed to have taken effect on October 30, Many of my constituents have asked 2008. decision was made not to require matching me to extend this commission, and I funds from Canadian sources. Therefore, The SPEAKER pro tempore. Pursu- am pleased to have worked with Rep- projects in Canada have been matched by ant to the rule, the gentleman from the resentative CARNEY on this legislation conservation dollars from the United States. Northern Mariana Islands (Mr. SABLAN) to do just that. Communication is the According to the U.S. Fish and Wildlife and the gentleman from Alaska (Mr. key to addressing and resolving citi- Service, the North American Wetlands Council YOUNG) each will control 20 minutes. zens’ concerns, and it’s clear that the has approved conservation projects in Canada The Chair recognizes the gentleman residents and the park users value the worth nearly $70 million during its current 5- from the Northern Mariana Islands. opportunity to respond to the park de- year funding cycle which began in 2007. GENERAL LEAVE cisions as well as propose alternatives Under law, this means that $70 million in pri- Mr. SABLAN. Mr. Speaker, I ask when they come up with those. vate matching funds must be provided. unanimous consent that all Members The Delaware Water Gap region has a Under my legislation, the North American may have 5 legislative days in which to turbulent history, if you know of it. Wetlands Conservation Act would be amend- revise and extend their remarks and in- One was marked by improper govern- ed to allow up to 50 percent of the non-federal clude extraneous material on the bill ment interference and Federal invasion share of projects in Canada to be paid for by under consideration. of rights of private property owners. Canadian conservation supporters. My legisla- The SPEAKER pro tempore. Is there Back in the mid-1950s, the Federal tion will allow and encourage our Canadian objection to the request of the gen- Government proposed a plan to build a

VerDate Nov 24 2008 02:42 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.012 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11180 CONGRESSIONAL RECORD — HOUSE October 13, 2009 dam across the Delaware River. This H.R. 2877 uniform, he served his community as a was the Tocks Island Dam Project, and Be it enacted by the Senate and House of Rep- science teacher at George F. Baker it required the use of eminent domain, resentatives of the United States of America in High School in Tuxedo. He was de- and the government seized many prop- Congress assembled, ployed to New York City with the Na- erties. Well, the project fell through SECTION 1. 1ST LIEUTENANT LOUIS ALLEN POST tional Guard to respond to the ter- and the property that was taken away OFFICE. rorist attacks of September 11, 2001. is now known as the Delaware Water (a) DESIGNATION.—The facility of the United States Postal Service located at 76 Lou’s service to his community and Gap Recreational Area. And residents Brookside Avenue in Chester, New York, country made him a great American in the area were upset by the creation shall be known and designated as the ‘‘1st whom we are all proud of. Lou is sur- of this recreation area. As a result, Lieutenant Louis Allen Post Office’’. vived by his loving wife, Barbara; and Congress passed legislation that estab- (b) REFERENCES.—Any reference in a law, their four young sons, Trevor, Colin, lished a citizens advisory commission, map, regulation, document, paper, or other Sean and Jeremy; his parents, Bob and and that was back in 1988. record of the United States to the facility re- Vivian; and his siblings and other Now, this advisory commission was ferred to in subsection (a) shall be deemed to friends and family who are all so proud be a reference to the ‘‘1st Lieutenant Louis reauthorized for an additional decade Allen Post Office’’. of him. Renaming this post office in his back in 1998; and it’s basically served honor will be a tangible reminder of The SPEAKER pro tempore. Pursu- as a forum, if you will, for the public to the joy he brought to them and the ant to the rule, the gentleman from interact with park officials. Due to the contributions he made to our Nation, Massachusetts (Mr. LYNCH) and the combined efforts of the various com- the Hudson Valley community, and the gentleman from Alaska (Mr. YOUNG) mission members and park officials, lives of those who knew him. each will control 20 minutes. the recreation area has now increased I cannot imagine how difficult the The Chair recognizes the gentleman in popularity over the years, and we last few years have been in Lou’s fam- from Massachusetts. see literally millions of visitors each ily, and their grace in dealing with this year. In fact, out of nearly 400 parks in GENERAL LEAVE tragedy is an inspiration to us all. I the National Park system, the Dela- Mr. LYNCH. Mr. Speaker, I ask unan- have had the honor of meeting them at ware Water Gap was just named one of imous consent that all Members may Bob and Vivian’s house when I intro- the top 10 most photogenic parks for have 5 legislative days within which to duced this bill. And I am honored to fall foliage. revise and extend their remarks. represent them in Congress and to be And I am confident that the Citizens The SPEAKER pro tempore. Is there able to come here to Washington and Advisory Commission will continue to objection to the request of the gen- help redesignate the U.S. Post Office at play a valuable role in preserving its tleman from Massachusetts? 76 Brookside Avenue in Chester, New splendor in this area and others for fu- There was no objection. York, as the ‘‘1st Lieutenant Louis ture generations. Mr. LYNCH. Mr. Speaker, I yield my- Allen Post Office.’’ It’s the ability of local residents to self such time as I may consume. Renaming this post office is not communicate with Federal agencies Mr. Speaker, as chairman of the about mourning Lou’s death, but about that has been one of my main focuses House subcommittee with jurisdiction celebrating his life. I am glad that we here in Congress; and I call upon my over the United States Postal Service, have the support of the entire New colleagues—and I am glad that the gen- I am proud to present H.R. 2877 for con- York State congressional delegation, tleman from Alaska joins me in this ef- sideration. who are all signed on to the bill as fort—to join with Representative CAR- This bill, if adopted, will designate original cosponsors. the facility of the United States Postal NEY and me to support this legislation. I urge my colleagues to honor First Service located at 76 Brookside Avenue Mr. YOUNG of Alaska. I yield back Lieutenant Allen and support this bill in Chester, New York, as the ‘‘1st Lieu- the balance of my time. so that he and his family will finally tenant Louis Allen Post Office.’’ Mr. SABLAN. I again urge Members receive the tribute to his sacrifice that H.R. 2877 was introduced by my to support the bill, and I yield back the they deserve. friend and colleague, Representative balance of my time. Mr. GUTHRIE. Mr. Speaker, I yield JOHN HALL of New York, on June 15, The SPEAKER pro tempore. The myself as much time as I may con- 2009, and favorably reported out of the question is on the motion offered by sume. Oversight Committee by unanimous the gentleman from the Northern Mar- Mr. Speaker, I rise today to urge the iana Islands (Mr. SABLAN) that the consent on July 10, 2009. Notably, this legislation enjoys the strong support of passage of H.R. 2877, a bill designed to House suspend the rules and pass the designate the facility of the United bill, H.R. 3476. the entire New York sitting House delegation. States Postal Service located at 76 The question was taken. Brookside Avenue in Chester, New The SPEAKER pro tempore. In the b 1430 York, as the ‘‘1st Lieutenant Louis opinion of the Chair, two-thirds being Since this is principally sponsored by Allen Post Office’’ in honor of the late in the affirmative, the ayes have it. my friend, Mr. HALL of New York, I’m Louis E. Allen, a 34-year-old Army Na- Mr. SABLAN. Mr. Speaker, on that I going to yield 5 minutes to my col- tional Guardsman killed by an explo- demand the yeas and nays. league so that he may make those re- sion in Tikrit, Iraq, on June 8, 2005. The yeas and nays were ordered. marks. A native of Goshen, New York, and a The SPEAKER pro tempore. Pursu- Mr. HALL of New York. Thank you, West Point graduate, First Lieutenant ant to clause 8 of rule XX and the Mr. Chairman. Allen was not only a model soldier but Chair’s prior announcement further Mr. Speaker, I rise today to pay trib- also a model citizen who had a true proceedings on this motion will be ute to a great American, First Lieuten- passion for helping others. postponed. ant Lou Allen. My bill, H.R. 2877, would A loving husband and father of four f designate the post office in Chester, sons, he drove more than 1 hour each New York, as the ‘‘1st Lieutenant way to George Baker High School in 1ST LIEUTENANT LOUIS ALLEN Louis Allen Post Office.’’ First Lieu- Tuxedo, New York, a school where he POST OFFICE tenant Allen was killed in Iraq over 4 taught science. The school super- Mr. LYNCH. Mr. Speaker, I move to years ago by a mine explosion for intendent remembers him as loving suspend the rules and pass the bill which another member of the Armed kids and having a ‘‘real passion for our (H.R. 2877) to designate the facility of Forces was charged and shockingly ac- students.’’ He was also known by his the United States Postal Service lo- quitted. First Lieutenant Allen was 34 family as being fun-loving, gracious cated at 76 Brookside Avenue in Ches- years old. and caring as he took care of everyone ter, New York, as the ‘‘1st Lieutenant A pillar of his community, a model around him. A longtime friend of Al- Louis Allen Post Office’’. National Guardsman, Lou joined the len’s once said that ‘‘if my son grows The Clerk read the title of the bill. New York National Guard in the year up to be half the man Lou is, I’ll be the The text of the bill is as follows: 2000. But when he was not serving in happiest father in the world.’’

VerDate Nov 24 2008 03:03 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.014 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11181 First Lieutenant Allen is a shining making everyone around him feel more contributions to their community and coun- example of an individual who contin- positive and happier. A family state- try; ually and selflessly served those ment issued following his death per- Whereas the mission of the Daughters of around him, both through his work for haps best characterizes First Lieuten- Penelope is to promote the ideals of ancient Greece (namely, philanthropy, education, his community and country. His spirit ant Allen’s effect on his loved ones: civic responsibility, good citizenship, and lives on through the work of his family ‘‘Everybody loved Lou for his Lou- family and individual excellence) through and friends as they continue to pro- ness.’’ community service and volunteerism; mote the sacrifice of First Lieutenant Mr. Speaker, the life and legacy of Whereas the chapters of the Daughters of Allen through the First Lieutenant First Lieutenant Louis E. Allen stands Penelope sponsor affordable and dignified Louis Allen Scholarship and Commu- as a testament to the brave servicemen housing to the Nation’s senior citizen popu- nity Foundation. and -women who have also dedicated lation by participating in the Department of It is with gratitude for his bravery their lives to serving our Nation in the Housing and Urban Development’s section and sacrifice for his country that I ask United States military. It is my hope 202 housing program; all Members to join me in supporting that we can honor this young soldier Whereas Penelope House, a domestic violence shelter for women and their children H.R. 2877 in First Lieutenant Allen’s through the passage of H.R. 2877 and by sponsored by the Daughters of Penelope, is honor. designating the Chester Post Office in the first of its kind in the State of Alabama Mr. Speaker, I reserve the balance of his honor. and is recognized as a model shelter for oth- my time. With that, I reserve the balance of ers to emulate throughout the United Mr. LYNCH. Mr. Speaker, a resident my time. States; of Milford, Pennsylvania, First Lieu- Mr. GUTHRIE. Mr. Speaker, I have Whereas the Daughters of Penelope Foun- tenant Louis E. Allen bravely served in no other speakers, so I yield back my dation, Inc., supports the educational objec- support of Operation Iraqi Freedom as time. tives of the Daughters of Penelope by pro- a member of the Army National Mr. LYNCH. Mr. Speaker, in closing, viding tens of thousands of dollars annually for scholarships, sponsoring educational Guard’s Headquarters and Head- I again urge my colleagues on both seminars, and donating children’s books to quarters Company, 42nd Infantry Divi- sides of the aisle to join with Mr. HALL, libraries, schools, shelters, and churches sion, out of Troy, New York. the principal sponsor of this resolution, through the ‘‘Open Books’’ program; Regrettably, as has been noted here in honoring First Lieutenant Louis Whereas the Daughters of Penelope is the by my friend, Mr. HALL, First Lieuten- Allen through the passage of H.R. 2877. first ethnic organization to submit oral his- ant Allen and fellow unit member Cap- I yield back the balance of my time. tory tapes to the Library of Congress, the tain Phillip T. Esposito were killed in The SPEAKER pro tempore. The tapes that provide an oral history of first Tikrit, Iraq, on June 8, 2005, of injuries question is on the motion offered by generation Greek-American women in the sustained when a mine explosion oc- United States; the gentleman from Massachusetts Whereas the Daughters of Penelope pro- curred near their location. First Lieu- (Mr. LYNCH) that the House suspend motes awareness and research on medical tenant Allen was 34 years old at the the rules and pass the bill, H.R. 2877. diseases, such as cancer, thalassemia time of his death. The question was taken; and (two- (Cooley’s anemia), lymphangioleiomyo- As noted by his fellow Rainbow Divi- thirds being in the affirmative) the matosis (LAM), Alzheimer’s disease, mus- sion soldiers, who held a ceremony in rules were suspended and the bill was cular dystrophy, and others; honor of their two fallen comrades at passed. Whereas the Daughters of Penelope pro- Forward Operating Base Danger in A motion to reconsider was laid on vides financial support for many medical re- Tikrit on June 15, 2005, First Lieuten- the table. search and charitable organizations, such as the University of Miami Sylvester Com- ant Allen was highly regarded as a f prehensive Cancer Center (formerly the Pa- skilled platoon leader who always took panicolaou Cancer Center), the Alzheimer’s care of his troops. COMMEMORATING 80TH ANNIVER- SARY OF THE DAUGHTERS OF Foundation, the American Heart Associa- ‘‘He was always running around, get- tion, the Special Olympics, the Barbara Bush ting stuff for his guys—food, safety PENELOPE Foundation for Literacy, the Children’s Wish equipment, and billeting—and never Mr. LYNCH. Mr. Speaker, I move to Foundation, UNICEF, Habitat for Humanity, forgot where he came from,’’ recalled suspend the rules and agree to the reso- St. Basil Academy, and others; Colonel Mario Costagliola, the divi- lution (H. Res. 209) commemorating the Whereas Greek-American directors and 80th anniversary of the Daughters of performers, such as Elia Kazan, Olympia sion’s assistant chief of staff for oper- Dukakis, and Maria Callas, enriched the ations. Penelope, a preeminent international arts, and medical researcher, Dr. George Pa- In addition to his distinguished serv- women’s association and affiliate orga- panicolaou, also known as the ‘‘The Father ice to his unit and his country, First nization of the American Hellenic Edu- of Cytology’’, saved millions of lives by in- Lieutenant Allen is equally remem- cational Progressive Association venting the Pap Test; bered as a dedicated husband to his be- (AHEPA), as amended. Whereas countless Greek-Americans have loved wife, Barbara, whom he made The Clerk read the title of the resolu- risen to become leaders of commerce and insure to call every day throughout his tion. dustry, thus fulfilling the ‘‘American deployment, and as a loving father to The text of the resolution is as fol- Dream’’; Whereas the Daughters of Penelope pro- their four boys, Trevor, Colin, Sean lows: vides support and financial assistance to vic- and Jeremy, whose pictures he always H. RES. 209 tims and communities affected by natural carried in his wallet and would display Whereas generations of Greek-Americans disasters, such as hurricanes, earthquakes, to anyone who would bother to take a have worked alongside their fellow Ameri- and forest fires; look, according to Captain Steven cans to build a more perfect Union, and the Whereas the Daughters of Penelope, found- Raiser, a division legal assistance offi- United States is a stronger country because ed November 16, 1929, celebrates its 80th an- cer who trained with First Lieutenant of them; niversary as a preeminent international Allen. Whereas Greek-Americans have served women’s association and affiliate organiza- ably in their communities in numerous cation of the American Hellenic Educational Moreover, as a high school science pacities, such as government, including five- Progressive Association (AHEPA); and teacher at George Baker High School term Maryland Senator Paul S. Sarbanes, Whereas Americans can trace the concept in Tuxedo, New York, First Lieutenant and in the Armed Services in every war in and ideals of democracy to the ancient Allen evidenced the same commitment, which the United States fought since World Greeks: Now, therefore, be it dedication and generosity to his stu- War I, including patriots such as George Resolved, That the House of Representa- Dilboy, a World War I Medal of Honor recipi- dents as he did to his fellow soldiers tives recognizes the significant contribu- ent; and his family. ‘‘He loved kids. He had tions of American citizens of Greek ancestry a real passion for our students,’’ re- Whereas the Daughters of Penelope is a leading international organization of women and Philhellenes, and the Daughters of Pe- called Valley Central School District of Hellenic descent and Philhellenes, founded nelope to the United States. Superintendent Joseph P. Zanetti. November 16, 1929, in San Francisco, Cali- And as noted by all of those who were fornia, to improve the status and well-being The SPEAKER pro tempore. Pursu- fortunate enough to know him, First of women and their families and to provide ant to the rule, the gentleman from Lieutenant Allen had a unique gift for women the opportunity to make significant Massachusetts (Mr. LYNCH) and the

VerDate Nov 24 2008 05:18 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.017 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11182 CONGRESSIONAL RECORD — HOUSE October 13, 2009 gentleman from Kentucky (Mr. GUTH- unteerism, by supporting various char- Other Daughters of Penelope achieve- RIE) each will control 20 minutes. ities, sponsoring affordable housing for ments include being the first ethnic or- The Chair recognizes the gentleman senior citizens, and by helping spread ganization to submit oral history tapes from Massachusetts. awareness and providing financial sup- to the Library of Congress, which pro- GENERAL LEAVE port for medical research. The Daugh- vide personal experiences of first-gen- Mr. LYNCH. Mr. Speaker, I ask unan- ters of Penelope also sponsors the Pe- eration Greek Americans. imous consent that all Members may nelope Shelter Home for Battered Now in its 80th year, the Daughters have 5 legislative days within which to Women, which helps women of all races of Penelope continues to promote its revise and extend their remarks. and faiths during times of need. ideals and promote awareness through The SPEAKER pro tempore. Is there Mr. Speaker, let’s take a moment to a number of causes, including cancer objection to the request of the gen- recognize the considerable contribu- research, Alzheimer’s disease, mus- tleman from Massachusetts? tions of Greek Americans to the United cular dystrophy and others. States and celebrate the achievements There was no objection. b 1445 Mr. LYNCH. I yield myself such time of the Daughters of Penelope through as I may consume. the passage of House Resolution 209. They also provide financial support Mr. Speaker, on behalf of the Com- Mr. Speaker, I reserve the balance of for medical research to victims and mittee on Oversight and Government my time. communities affected by natural disas- Reform, I am pleased to present House Mr. GUTHRIE. Mr. Speaker, I yield ters, such as hurricanes, earthquakes Resolution 209 for consideration. This myself as much time as I may con- and forest fires. resolution recognizes the significant sume. I ask my fellow Members of Congress contribution of American citizens of I rise today to support House Resolu- to join me in recognizing the 80th anni- Greek ancestry and the Daughters of tion 209 recognizing the significant versary of the Daughters of Penelope Penelope. contributions of American citizens of and the contribution of Greek Ameri- At the outset, I would like to take a Greek ancestry, philhellenes, and the cans to the history of the United moment to express my deepest condo- Daughters of Penelope to the United States and the way in which their pres- lences to the sponsor of this resolution, States. ence enriches and strengthens our What began with roughly 300,000 my friend and colleague, Mrs. MALONEY country. Greek immigrants after World War I of New York, on the recent loss of her I support House Resolution 209 and has grown to more than 3 million beloved husband, Clifton. Please know reserve the balance of my time. Greek Americans today. Throughout Mr. LYNCH. Mr. Speaker, I appre- that our thoughts and our prayers are our Nation’s history, the Greeks who ciate the kind words of the gentleman with the Congresswoman and her en- came to America saw the promise and from Kentucky, and we continue to retire family. hope for their future. Once there, they serve. Mr. Speaker, the measure before us have been instrumental in building a Mr. GUTHRIE. Mr. Speaker, I urge was introduced on March 4 by Mrs. Nation from the ground up. my colleagues to join me in supporting MALONEY and favorably reported out of Greek Americans have risen to be- this resolution, and I yield back the the Oversight Committee on July 10, come leaders in business, government balance of my time. 2009, by unanimous consent. Notably, service, medicine and the arts. The Mr. LYNCH. Again, Mr. Speaker, I this measure enjoys the support of over State of Maryland was proud to have ask that Members on both sides sup- 50 Members of Congress. Paul S. Sarbanes, a Greek American, port Mrs. MALONEY, the lead sponsor of Mr. Speaker, let us take a moment to serve five terms in the United States this resolution, H. Res. 209, honoring recognize the significant contributions Senate. Dr. George Papanicolaou saved Greek Americans and their contribu- Greek Americans have made to the millions of lives by inventing the Pap tion to the United States. United States. Greek Americans such test for women, and performers such as Mrs. MALONEY. Mr. Speaker, I rise today in as Senator Paul Sarbanes and Con- Olympia Dukakis and Elia Kazan are strong support of H. Res. 209, bipartisan legis- gressman JOHN SARBANES of Maryland but a few examples of how Greek Amer- lation I introduced, with Hellenic Caucus co- have served their communities, and icans continue to fulfill the American chair, Congressman GUS BILIRAKIS. Greek Americans have served in our Dream. And we as a country are all This resolution recognizes the significant Armed Forces in every war since World better for their many contributions. contributions of American citizens of Greek War I. Greek Americans have enhanced Greek Americans have a long history ancestry and Philhellenes, and the Daughters the art world with works by directors of contributions through community of Penelope to the United States. such as Elia Kazan and performers such service to the United States. In the Founded November 16, 1929, in San Fran- as Olympia Dukakis. early 1900s, they formed a number of cisco, California, the Daughters of Penelope Further, the resolution makes men- organizations that were dedicated to was established to improve the well-being of tion of the Daughters of Penelope. the well-being of families in the com- women and provide them with the opportunity Founded in 1929, the Daughters of Pe- munities where Greek Americans lived. to make significant contributions to American nelope was formed by Alexandra Among the groups that Greek Ameri- society. Apostolides Sonenfeld with the help cans formed was the Daughters of Pe- Today, its mission is to promote the ideals and support of her husband, Dr. Em- nelope, which was founded in 1929 in of ancient Greece, education, philanthropy, manuel Apostolides. San Francisco and is an affiliate orga- civic responsibility, family, and individual ex- With local chapters in the United nization of the American Hellenic Edu- cellence through community service and vol- States, Canada and Greece, the Daugh- cational Progressive Association. unteerism. ters of Penelope is a nonpartisan and Today, the Daughters of Penelope has As a cofounder and cochair of the Congres- nondenominational organization that grown to more than 350 chapters sional Caucus on Hellenic Issues, I have had promotes Hellenic heritage and its throughout the world. The mission of the privilege to see the significant contribu- ideals. Notably, the organization’s the Daughters of Penelope is to create tions of the Daughters of Penelope in the dedicated members are encouraged to awareness of the ideals of ancient Greek American community. participate in meaningful community Greece such as education, civic respon- The Daughters of Penelope (DOP) is a pre- service projects, making the Daughters sibility, philanthropy and patriotism eminent international women’s organization of Penelope a leader in charitable and through community service. and affiliate organization of the American Hel- educational activities. Greek Americans, along with all lenic Educational Progressive Association In its 80 years, the Daughters of Pe- Americans, can be proud of the Daugh- (AHEPA), the nation’s leading association of nelope has made great gains in helping ters of Penelope’s commitment to edu- American citizens of Greek heritage. women all over the world realize their cation. They have provided tens of Over its history, the Daughters of Penelope dreams and leadership potential. More- thousands of dollars annually for schol- has achieved remarkable accomplishments. It over, the Daughters of Penelope has arships, education seminars, and do- has strengthened the status of women in soci- made significant contributions here at nating children’s books to libraries, ety, sheltered the elderly and the abused, edu- home through the organization’s com- schools, shelters, and churches through cated our youth, promoted Hellenic heritage, mitment to philanthropy and vol- the ‘‘Open Books’’ program. and raised funds for medical research.

VerDate Nov 24 2008 03:03 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 9920 E:\CR\FM\K13OC7.020 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11183 With their strong work ethic, Greek-Ameri- lution (H. Res. 791) congratulating the Whereas the Aldine Independent School cans have risen to become leaders in their re- Aldine Independent School District in District has been a finalist four times for the spective professions, from government to busi- Harris County, Texas, on winning the ‘‘Broad Prize for Urban Education’’; ness to the arts. The Daughters of Penelope 2009 ‘‘Broad Prize for Urban Edu- Whereas in 2008, the Aldine Independent School District outperformed other Texas has been a vehicle through which this ad- cation’’, as amended. school districts that serve students with vancement has occurred in our society. The Clerk read the title of the resolu- similar family incomes in reading and math I want to thank Chairman TOWNS and Rank- tion. at all school levels, according to the Broad ing Member ISSA for their support of this bill The text of the resolution is as fol- Prize methodology; and and for moving it through the Oversight and Whereas the Aldine Independent School lows: Government Reform Committee. District was selected from among 100 of the I urge my colleagues to support it. H. RES. 791 largest school districts in the country to win Mr. SPACE. Mr. Speaker, I strongly support Whereas the thousands of employees of the the 2009 ‘‘Broad Prize for Urban Education’’: the resolution considered by the House today, Aldine Independent School District in Harris Now, therefore, be it H. Res. 209. This bill recognizes the numer- County, Texas, work hard to create a sup- Resolved, That the House of Representa- tives— ous and wide-ranging contributions made to portive, safe, and effective learning environment, enabling students to achieve academic (1) recognizes the Aldine Independent American society by the Daughters of Penel- School District in Harris County, Texas, for ope, the women’s affiliate of the American success; Whereas the Aldine Independent School the outstanding achievement of winning the Hellenic Educational Progressive Association. District uses a district-wide strategic plan, 2009 ‘‘Broad Prize for Urban Education’’, the The Order of the Daughters of Penelope which is focused on student achievement, largest education award for school districts was conceived by Alexandra Apostolides student behavior, and community relations; in the United States; and Sonnenfeld and founded on November 16, Whereas the leadership of the Aldine Inde- (2) congratulates the entire Aldine Inde- 1929. In the midst of the economic collapse pendent School District is vigilant in ensur- pendent School District community on the that led to the Great Depression, Mrs. ing that all staff, departments, schools, and hard work and dedication the community Apostolides recognized the importance of resources continue to focus on the district- has demonstrated toward student achievement, particularly the efforts of the commu- unity, philanthropy, and education. She and 25 wide strategic plan; Whereas the Aldine Independent School nity toward reducing the achievement gaps charter members formed the first chapter of among ethnic groups and between high- and the Daughters of Penelope, which is today a District, through the use of creative teaching technology, has set clear, rigorous expec- low-income students. leader in philanthropic, educational and cul- tations for teachers and has provided school The SPEAKER pro tempore. Pursu- tural activities with over 350 chapters in the management with increased oversight; ant to the rule, the gentleman from the U.S., Canada, Greece, Cyprus, and Australia. Whereas data from the Texas Education Northern Mariana Islands (Mr. SABLAN) H. Res. 209 highlights some of the organi- Agency indicates that the Aldine Inde- and the gentleman from Kentucky (Mr. zation’s crowning achievements, including the pendent School District consistently ranks GUTHRIE) each will control 20 minutes. establishment of Penelope House, a shelter among the high performing school districts The Chair recognizes the gentleman for women and children that aims to help vic- in the State; from the Northern Mariana Islands. Whereas the Aldine Independent School tims of domestic violence regain social and GENERAL LEAVE economic independence, and the Daughters of District ranks among the top large school districts in Texas for educating African- Mr. SABLAN. Mr. Speaker, I request Penelope Foundation, which grants scholar- American students and Hispanic students, 5 legislative days during which Mem- ships to promising students and facilitates do- according to a recent study conducted by bers may revise and extend and insert nations of children’s books to needy organiza- Texas Agricultural & Mechanical University extraneous material on House Resolu- tions. and the University of Texas-Pan American; tion 791 into the RECORD. Another issue of critical importance is the Whereas between 2005 and 2008, the SAT The SPEAKER pro tempore. Is there oral history project organized and donated to and Advanced Placement participation rates objection to the request of the gen- the Library of Congress by the Daughters of for African-American and Hispanic students tleman from the Northern Mariana Is- Penelope. This project chronicles the experi- in the Aldine Independent School District increased significantly; lands? ences of first-generation Greek-American Whereas in 2008, African-American stu- There was no objection. women. I know this project will preserve these dents in the Aldine Independent School Dis- Mr. SABLAN. Mr. Speaker, I yield vital records so that future generations of trict achieved higher proficiency rates in myself as much time as I may con- Greek-Americans—like my children—will main- math at all school levels and in reading at sume. tain an important link with their ancestors. the middle and high school levels compared Mr. Speaker, I rise today in support I am proud of my Greek heritage and of the with other students in Texas; of House Resolution 791, which recog- accomplishments of the Order of the Daugh- Whereas in 2008, a greater percentage of nizes and congratulates the Aldine ters of Penelope. I think it only fitting that now, Hispanic students in the Aldine Independent Independent School District in Harris as we face our own economic crisis, we rec- School District performed at the highest County, Texas, for winning the 2009 achievement level on State reading and ognize the importance of those values that Broad Prize for Urban Education. math assessments at all school levels com- Aldine’s commitment to academic carry us through the most difficult times. I en- pared to other school districts in the State; courage my colleagues to support this resolu- Whereas in 2008, a greater percentage of achievement, its high expectations for tion. low-income students in the Aldine Inde- its students, and its dedication to nar- Mr. LYNCH. Mr. Speaker, I yield pendent School District performed at the rowing the racial and income achieve- back the balance of my time. highest achievement level on State reading ment gaps make it a most deserving re- The SPEAKER pro tempore. The and math assessments at all school levels cipient of this prestigious award. question is on the motion offered by compared to other school districts in the Established in 2002 by the Eli and the gentleman from Massachusetts State; Edythe Broad Foundation, the Broad Whereas nationwide, family income level is (Mr. LYNCH) that the House suspend Prize for Urban Education is the larg- typically a strong statistical predictor of the rules and agree to the resolution, est education award for school districts school performance; in the United States. H. Res. 209, as amended. Whereas in the Aldine Independent School The question was taken; and (two- District, poverty does not appear to be sta- After finishing as a finalist for the thirds being in the affirmative) the tistically related to achievement at any prize 3 years previously, the Aldine rules were suspended and the resolu- school level or in math or reading, despite a Independent School District this year tion, as amended, was agreed to. high enrollment of students considered to be was chosen from among 100 of the larg- A motion to reconsider was laid on low-income; est school districts in the country to the table. Whereas between 2005 and 2008, the Aldine receive the $1 million award. The Al- Independent School District narrowed the in- f dine School District has shown some of come achievement gaps in reading at all the most consistent student achieve- CONGRATULATING ALDINE school levels and in math at the elementary ment gains nationally in the last dec- SCHOOL DISTRICT FOR WINNING and middle school levels; Whereas the ‘‘Broad Prize for Urban Edu- ade. THE BROAD PRIZE FOR URBAN Nationwide, family income levels EDUCATION cation’’, the largest education award for school districts in the United States, was es- generally are a strong indicator of stu- Mr. SABLAN. Mr. Speaker, I move to tablished in 2002 by the Eli and Edythe Broad dents’ school performance, but the Al- suspend the rules and agree to the reso- Foundation; dine School District, where four out of

VerDate Nov 24 2008 03:03 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.103 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11184 CONGRESSIONAL RECORD — HOUSE October 13, 2009 five students receive free or reduced forming school districts in the State of Independent School District is dedi- lunch, refuses to accept excuses for Texas. In addition, it is one of the top cated to increasing student achieve- student success and chooses instead to large school districts in the State for ment and ensuring that every student break the predictive power of poverty. African American and Hispanic stu- has the tools he or she needs to thrive Between 2005 and 2008, the Aldine dents. Between 2005 and 2008, the SAT and be a critical thinker, problem solv- Independent School District narrowed and Advanced Placement participation er, and a productive citizen. achievement gaps in reading at all rates for these groups increased signifi- My wife taught high school algebra school levels and in math at the ele- cantly. In 2008, African American stu- in the Aldine Independent School Dis- mentary and middle school levels. In dents achieved higher proficiency rates trict for many years where our chil- 2008, students in the Aldine schools in math at all school levels, and in dren attended and graduated, and I am outperformed other Texas school dis- reading at the middle school and high proud to represent the Aldine ISD in tricts that served students with similar school levels. And Hispanic students Congress. family incomes. performed at the highest achievement Quality education has been the goal The Aldine Independent School Dis- level on reading and math assessments of Aldine for many years, and their trict also ranks among the top large compared to other school districts in current superintendent, Wanda Bam- school districts in Texas for educating the State. berg, carries on the tradition of expect- African American and Hispanic stu- It is clear that the Aldine Inde- ing excellence, as Nadine Kujawa and dents. Between 2005 and 2008, SAT and pendent School District is a shining ex- Sonny Donaldson did before her. Advanced Placement participation ample of what is right about urban With the Broad Prize award, grad- rates for these student populations in- education. As a result, the school dis- uating high school seniors in the Al- creased significantly. Further, African trict was awarded the $2 million Broad dine Independent School District who American students achieved higher Prize for Urban Education this year. have demonstrated a record of aca- proficiency rates in math at all school Established in 2002 by the Broad demic improvement during their high levels and in reading at the middle and Foundation, the Broad Prize is the school careers and have significant fi- high school levels compared with other largest education award in the country nancial need will be directly awarded students in Texas. And a greater per- given to school districts. The prize is $1 million in Broad Prize scholarships centage of Hispanic students performed awarded each year to honor urban to continue their education. at the highest level on reading and school districts that demonstrate the This is the fourth time Aldine has math assessments at all school levels greatest overall performance and im- been selected as a finalist for this pres- compared to other school districts. provement in student achievement tigious award, and it is no surprise Providing our young people with a while reducing achievement gaps given the district’s focus on their five high quality education is one of our among low-income and minority stu- core commitments: Nation’s most important duties and in- dents. They believe each student can learn volves some of the most challenging I would like to congratulate Super- at or above grade level and will have and rewarding work. Today, we recog- intendent Wanda Bamberg and all of equal opportunity to do so. nize the outstanding work being done the principals, teachers, staff and stu- They believe their school district can at the Aldine Independent School Dis- dents for all of their hard work which achieve higher levels of performance trict. Aldine’s dedicated leadership and made this award possible. through clearly defined goals that set vigilant efforts are helping ensure the Mr. Speaker, I ask my colleagues for high exceptions for student achieve- academic and life success of its stu- support, and I reserve the balance of ment. dents. my time. They believe in the value of parents Mr. Speaker, once again, I express Mr. SABLAN. Mr. Speaker, I am as the first and best teachers, and that my support for congratulating the Al- pleased to recognize the distinguished the community must actively partici- dine Independent School District on gentleman from Texas (Mr. GENE winning the 2009 Broad Prize for Urban pate in the development of all children. GREEN) for 2 minutes. They believe in the value of each em- Education, and I urge my colleagues to Mr. GENE GREEN of Texas. Mr. ployee, in his or her personal and pro- support this resolution. Mr. Speaker, I reserve the balance of Speaker, I am proud to rise today in fessional growth, and in empowering my time. strong support of House Resolution 791, each one to be accountable to make de- Mr. GUTHRIE. Mr. Speaker, I yield which congratulates the Aldine Inde- cisions in line with the vision of the myself as much time as I may con- pendent School District in Houston, school district. sume. Harris Country, Texas, on winning the They believe all environments should Mr. Speaker, I rise today in support 2009 Broad Prize for Urban Education. be supportive, safe and secure. of House Resolution 791, congratu- It is pronounced Aldine, but there is By winning this award, they have lating the Aldine Independent School a good joke about when the railroad proven their commitment to these five District in Harris County, Texas, on ran through 50 years ago, that was goals, and I have no doubt that Aldine winning the 2009 Broad Prize for Urban where they stopped for lunch. So that ISD will continue to be a leader in edu- Education. is how we got our name, ‘‘all dine,’’ but cation for years to come. Few goals could be more important it is pronounced Aldine. This resolution recognizes the Aldine to American public education today Established in 2002 by the Eli and Independent School District for their than closing the achievement gaps Edythe Broad Foundation, the Broad outstanding achievement in winning among students by race, income, lan- Prize is actually the largest education the largest education award for school guage, and gender. The goal is particu- award in the country given to any districts in the United States, the 2009 larly critical for the Nation’s urban school district. The Broad Prize for Broad Prize for Education. public schools. The achievement gap is Urban Education is awarded to honor Again, congratulations to the entire the difference in performance between urban school districts that dem- Aldine Independent School District groups of students, especially groups onstrate the greatest overall perform- community for their hard work and defined by race/ethnicity and family ance and improvement in student dedication toward student achieve- income. achievement while reducing the ment, and particularly their efforts in Although bringing about comprehen- achievement gaps among low-income reducing the achievement gaps among sive change in our educational system and minority students. low-income and minority students. The may be difficult, the Aldine Inde- This year, the Aldine Independent school board members, administrative pendent School District teachers and School District in Harris County, staff, teachers, parents, and children staff have worked hard to create a sup- Texas, was selected from among 100 of worked hard to earn this recognition, portive, safe, and effective learning en- the largest school districts in the and I strongly urge my colleagues to vironment which has enabled students United States to win this prestigious support the bill. to achieve academic success. award. This is not surprising, knowing Mr. GUTHRIE. Mr. Speaker, I yield The Aldine Independent School Dis- firsthand the extent to which every to the gentleman from Texas (Mr. POE) trict ranks among the highest per- staff member and teacher in the Aldine as much time as he may consume.

VerDate Nov 24 2008 03:03 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.023 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11185 Mr. POE of Texas. I want to thank The Clerk read the title of the resolu- Washington, DC, August 4 through August 9, the gentleman for yielding, and I want tion. 2009: Now, therefore, be it Resolved, That the House of Representa- to thank my friend, Mr. GREEN, for in- The text of the resolution is as fol- tives congratulates Kappa Alpha Psi Frater- troducing this legislation. He and I lows: nity, Inc., on 98 years of serving local com- buttress congressional districts in the H. RES. 659 munities and enriching the lives of colle- Houston, Harris County area, and some Whereas Kappa Alpha Psi Fraternity, Inc., giate men throughout the Nation. of the schools in the Aldine Inde- was founded on January 5, 1911, on the cam- The SPEAKER pro tempore (Mr. pendent School District are in my dis- pus of Indiana University in Bloomington, CLAY). Pursuant to the rule, the gen- trict as well. Indiana, by Elder Watson Diggs, John Milton tleman from the Northern Mariana Is- The Broad Prize for Urban Edu- Lee, Byron K. Armstrong, Guy Levis Grant, lands (Mr. SABLAN) and the gentleman cation, established in 2002, is the larg- Ezra D. Alexander, Henry T. Asher, Marcus from Kentucky (Mr. GUTHRIE) each will P. Blakemore, Paul W. Caine, Edward G. est education award in the country control 20 minutes. given to school districts. Aldine was Irvin, and George W. Edmonds; Whereas the founders of Kappa Alpha Psi The Chair recognizes the gentleman chosen to receive this award from 100 from the Northern Mariana Islands. of the largest school districts in all of were young men who possessed the imagination, ambition, courage, and determination GENERAL LEAVE the United States. And that allows sen- to defy custom in pursuit of college edu- Mr. SABLAN. Mr. Speaker, I request iors from the Aldine School District to cations and careers during an oppressive 5 legislative days during which Mem- be eligible for 2- to 4-year scholarships time in American history for African-Ameri- bers may revise and extend their re- up to $20,000 due to this award that is cans; marks and insert extraneous material going to the school district. Whereas Kappa Alpha Psi stressed the im- on House Resolution 659 into the The Aldine School District consist- portance of achievement in seeking to set RECORD. ently ranks among the highest per- the sights of African-American youth on accomplishments greater than those they oth- The SPEAKER pro tempore. Is there forming school districts in the whole objection to the request of the gen- State of Texas according to the Texas erwise would have imagined or realized; Whereas, since its founding, Kappa Alpha tleman from the Northern Mariana Is- Education Agency. And the Aldine Psi has matured to an organization of over lands? School District has been a finalist four 150,000 college-trained men; There was no objection. times for the Broad Prize for Urban Whereas Kappa Alpha Psi’s undergraduate Mr. SABLAN. I yield myself as much Education. chapters are located on more than 360 college time as I may consume. Between 2005 and 2008, the Aldine and university campuses and its alumni Mr. Speaker, I rise today in support Independent School District narrowed chapters are located in 347 cities in the of House Resolution 659, which con- the income achievement gap in reading United States and 5 foreign countries; gratulates Kappa Alpha Psi Fraternity, Whereas Kappa Alpha Psi has a partner- at all levels, and in math at the ele- Incorporated, on 98 years of service and mentary and middle school levels. This ship with Habitat for Humanity and builds a home for a local family in conjunction with leadership. school district has done a tremendous each of its biennial conventions; Founded in 1911 at Indiana Univer- job with the students, working with Whereas Kappa Alpha Psi has a partner- sity, Bloomington, Kappa Alpha Psi’s the teachers and the administration to ship with Memphis-based St. Jude Children’s fundamental purpose is achievement. bring up the education quality of the Research Hospital and has designated the It seeks to develop its members, par- students and prepare them for lifetime hospital as the primary benefactor of its na- ticularly its collegiate men, into lead- experiences. tional fundraising efforts; ers in their communities and into Whereas Kappa Alpha Psi sponsors Kappas achievers of excellence in their aca- b 1500 on Capitol Hill, a four-day conference for its demic pursuits. This distinguished fra- So I want to congratulate the Aldine members in the Nation’s capitol designed to ternity boasts undergraduate chapters School District and all of their work. increase its members’ awareness of the polit- on more than 364 college and university This award is well deserved, and it is ical process through workshops, seminars, and lectures; campuses and alumni chapters in more my hope that all school districts across Whereas Kappa Alpha Psi has emphasized than 347 U.S. cities and 5 foreign coun- Texas and the United States can mir- financial literacy in its community-based tries. ror the success of this school district in outreach, implementing two major pro- In honor of the ideals it was founded achieving high academic quality grams, Credit Abuse Resistance Education on, members of Kappa Alpha Psi play (CARE) and Greeks Learning to Avoid Debt throughout their school districts. active roles in their communities. The Mr. GUTHRIE. Mr. Speaker, I have (GLAD) in partnership with the National As- fraternity sponsors an array of pro- no further speakers. I yield back the sociation of Bankruptcy Trustees, the Na- grams providing community service balance of my time. tional Foundation for Credit Counseling, and Mr. SABLAN. Mr. Speaker, again, I the National Pan-Hellenic Council; and social welfare. Members partici- urge my colleagues to support H. Res. Whereas Kappa Alpha Psi, through its pating in their Biennial Undergraduate Kappa League and National Guide Right pro- Leadership Institute built homes in 791. grams, has provided thousands of at-risk I yield back the balance of my time. conjunction with Habitat for Humanity youth in communities throughout the Na- in St. Louis in 2005 and in Minneapolis The SPEAKER pro tempore. The tion with role models and mentors that en- question is on the motion offered by courage them to make positive contributions in 2007. the gentleman from the Northern Mar- to, and to take leadership roles in, their The fraternity maintains a philan- iana Islands (Mr. SABLAN) that the communities; thropic partnership with St. Jude Chil- House suspend the rules and agree to Whereas, since 1990, Kappa Alpha Psi’s dren’s Research Hospital, with each the resolution, H. Res. 791, as amended. Kappa Scholarship Fund has provided schol- chapter committed to serving that The question was taken; and (two- arship grants to over 10,000 high school grad- cause. Additionally, its chapters annu- thirds being in the affirmative) the uates to assist in furthering their education; ally participate in the Holiday Food Whereas Kappa Alpha Psi’s chapters na- Drive, working to provide food, cloth- rules were suspended and the resolu- tionwide regularly participate in its Holiday tion, as amended, was agreed to. ing and toys to local citizens in need. Food Drive, provides food, clothing, and toys The values and principles of Kappa A motion to reconsider was laid on to low income citizens in many metropolitan the table. and rural communities throughout the Na- Alpha Psi have attracted a diverse f tion; group of men throughout the years, Whereas Kappa Alpha Psi’s national theme many who have gone on to become CONGRATULATING KAPPA ALPHA of ‘‘One Kappa, Creating Inspiration: A Call prominent and achieved members of so- PSI FRATERNITY to Service’’ has mobilized Kappa men across ciety. Among them are Percy Sutton, Mr. SABLAN. Mr. Speaker, I move to the Nation who are leaders in business, edu- entrepreneur and owner of the Apollo suspend the rules and agree to the reso- cation, government, the humanities, arts Theater; Judge Herman Thomas, jus- lution (H. Res. 659) congratulating and entertainment, science, and medicine to tice on the State Supreme Court of become better servant leaders for their re- Kappa Alpha Psi Fraternity, Inc., on 98 spective families and communities, the Na- Alabama; Dr. C. Eric Lincoln, author of years of serving local communities and tion, and the fraternity at large; and ‘‘Black Muslims in America’’; Ralph enriching the lives of collegiate men Whereas Kappa Alpha Psi Fraternity, Inc., Wiley, sportswriter and author; and nu- throughout the Nation, as amended. will hold its 79th Grand Chapter Meeting in merous State and elected officials.

VerDate Nov 24 2008 03:03 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.050 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11186 CONGRESSIONAL RECORD — HOUSE October 13, 2009 Uniting under their national theme and Nigeria, Kappa Alpha Psi fraternity has I believe such righteous efforts to be the of ‘‘One Kappa, Creating Inspiration: A produced notable leaders in the fields of gov- foundation for so many college age males is Call to Service,’’ Kappa Alpha Psi ernment, athletics, education, and business. a praiseworthy venture. Since its founding in members from all walks of life con- Current alumni include director, writer, and 1911, Kappa Alpha Psi has matured to an or- tinue to mobilize in service of each producer John Singleton, Civil Rights advocate ganization of over 150,000 college-trained other and their communities. Kappa Donald L. Hollowell, and Robert L. Johnson, men, maintains undergraduate chapters on Alpha Psi has developed a strong tradi- the founder of Black Entertainment Television. more than 360 college and university cam- tion of leadership and service, and I Kappa Alpha Psi fraternity has far sur- puses and its alumni chapters are located in congratulate them on their 98 years of passed the vision of its founders to produce 347 cities in the United States and 5 foreign achievement. upstanding, high quality African American countries. With an established history of com- Mr. Speaker, I urge my colleagues to males who possess positive values and the munity service, Kappa Alpha Psi is involved support this resolution, and I reserve desire to serve their communities. with such charitable organizations as Habitat the balance of my time. Ms. EDDIE BERNICE JOHNSON of Texas. for Humanity, where they build a home for a Mr. GUTHRIE. Mr. Speaker, I yield Mr. Speaker, I rise today in support of H. Res. local family in conjunction with each of its bi- myself as much time as I may con- 659 to congratulate Kappa Alpha Psi Frater- ennial conventions. They also have a lasting sume. nity, Inc. on 98 years of serving local commu- partnership with Memphis-based St. Jude Chil- Mr. Speaker, I rise today in support nities and enhancing the lives of collegiate dren’s Research Hospital and have designated of House Resolution 659, congratu- men throughout the United States. the hospital as the primary benefactor of their lating Kappa Alpha Psi Fraternity, Throughout this organization’s history, the national fundraising efforts. Kappa Alpha Psi, Inc., on 98 years of serving local com- gentlemen of Kappa Alpha Psi Fraternity, Inc. through its Kappa League and National Guide munities and of enriching the lives of have proven to be exemplary public servants Right programs, has provided thousands of at- collegiate men throughout the Nation. and strong leaders in their communities. They risk youth in communities throughout the Na- Kappa Alpha Psi Fraternity was seek to train their members for leadership tion with role models and mentors that encour- founded in 1911 at Indiana University, roles and encourage a high academic stand- age them to make positive contributions to, Bloomington. Today, the Kappa Alpha ard. In close to a century of existence, the and to take leadership roles in, their commu- Psi Fraternity has over 150,000 mem- Kappa Alpha Psi Fraternity, Inc. has initiated nities. Since 1990, Kappa Alpha Psi’s Kappa bers with 700 undergraduate and alum- over 120,000 members and encouraged their Scholarship Fund has provided scholarship ni chapters in every State of the Union members to participate in programs such as grants to over 10,000 high school graduates to and international chapters in the their Undergraduate Leadership Workshop, assist in furthering their education. Kappa United Kingdom, Germany, Korea, their Habitat for Humanity Program, their St. Alpha Psi’s national theme of ‘One Kappa, Japan, the Caribbean, St. Thomas, St. Jude Research Hospital Partnership, ‘‘Kappas Creating Inspiration: A Call to Service’ has Croix, the U.S. Virgin Islands, Nigeria, on Kapitol Hill’’, and their CARE/GLAD Finan- mobilized Kappa men across the Nation who and South Africa. cial Literacy Programs. Additionally the Kappa are leaders in business, education, govern- Annually, more than 1,800 members Alpha Psi Fraternity, Inc. counts within its ment, the humanities, arts and entertainment, are initiated into Kappa Alpha Psi. The ranks numerous professional athletes, enter- science, and medicine to become better lead- fraternity’s constitution has never containers, and countless civic and business leaders for their respective families and commu- tained any clause which has either ex- ers, and I have the distinct pleasure of serving nities, the Nation, and the fraternity at large. cluded or suggested the exclusion of a in the House of Representatives with SANFORD With so many viable ways of helping out with- man from membership because of D. BISHOP, JOHN CONYERS, Jr., ALCEE L. in their community, Kappa Alpha Psi is at the color, creed or national origin. To be HASTINGS, WILLIAM LACY CLAY, and BENNIE forefront of achievement through service. considered for membership, a candidate THOMPSON who are all members of this noble The Houston Alumni Chapter of Kappa must have a 2.5 grade point average on organization. Alpha Psi Fraternity, Inc. was chartered March a 4.0 scale. As a member of a Greek organization my- 31, 1928. The charter members were men Kappa Alpha Psi chapters are active self, I value and appreciate the deep meaning who wanted to continue a formal association in their communities and colleges and that this brotherhood holds for so many indi- with the fraternity at a time when they were no universities. The fraternity has spon- viduals. I ask my fellow colleagues to join me longer undergraduates. So, they petitioned the sored programs such as Guide Right, today in supporting H. Res 659 to honor Grand Chapter and the Houston Alumni Chap- Kappa League and the Student of the Kappa Alpha Psi Fraternity, Inc. ter became the 2nd Alumni Chapter chartered Year competition. Ms. JACKSON-LEE of Texas. Mr. Speaker, in Texas. These men were professionals and I am happy to congratulate Kappa I rise today in support of H. Res. 659 to con- leaders in the community. What is most im- Alpha Psi Fraternity, and I ask my col- gratulate Kappa Alpha Psi Fraternity, Inc., on pressive about them is that they were living in leagues to support this resolution for 98 years of serving local communities and en- the South in 1928 only 63 years after the this great organization, this fraternity, riching the lives of collegiate men throughout Emancipation Proclamation, yet they had all that has meant so much to our coun- the Nation. The achievement of this noble or- graduated from or attended college. The Char- try. ganization for building generations of God ter members of Houston Alumni Chapter were Mr. JOHNSON of Georgia. Mr. Speaker, I fearing, clean-living, serious-minded young Dr. Charles W. Pemberton, Leland Ewing, rise to today to applaud the actions of the men who possess the imagination, ambition, Cornelius A. Ladner, ‘‘Watty Watkins’’, Dr. House of Representatives in recognizing one courage, and determination to pursue college Leon J. Peacock, W.L.D. Johnson, Sr., J.C. of the first African American fraternities. I educations. McDade, R.C. Chatman, Dr. Birch, Obie Wil- strongly support H. Res. 659, which recog- Early in the 20th century, African-American liams, T.B. Allen, Albert Bateman, and J.D. nizes Kappa Alpha Psi fraternity and its 98 students were actively dissuaded from attend- Collins, Jr. It has been noted that Allen, Bate- years of service to local communities, the pur- ing college. Formidable obstacles were erect- man, and Collins came to Houston after pledg- suit of academic scholarship and a commit- ed to prevent the few who were enrolled from ing at undergraduate chapters in the midwest ment to social welfare. I urge my colleagues to assimilating into co-curricular campus life. This and the southeast. support this important resolution. ostracism characterized Indiana University in Dr. Charles W. Pemberton was the 1st Since its humble beginning on the campus 1911, thus causing Elder W. Diggs, Byron K. Polemarch of the Houston Alumni Chapter. of Indiana University Bloomington in 1911, Armstrong, and eight other African-American The first two initiates of Houston Alumni Chap- Kappa Alpha Psi fraternity has been charac- students to form Kappa Alpha Psi Fraternity, ter were F.L. Howard and D.P. Young in 1929. terized by a commitment to empowering Afri- which remains the only Greek letter organiza- The Houston Alumni Chapter has produced can American men through mentorship, finan- tion with its 1st Chapter on Indiana Univer- six Southwestern Province Polemarchs (Re- cial literacy, and community involvement. It is sity’s campus. The founders sought a formula gional Presidents): Dr. Charles W. Pemberton this commitment to excellence that has estab- that would immediately raise the sights of (1934–1936), W.L.D. Johnson, Sr., (1944– lished Kappa Alpha Psi as one of the finest Black collegians and stimulate them to accom- 1946) Cornelius Ladner (1947–1951), T.B. fraternal organizations in the country. With plishments higher than they might have imag- Allen (1971–1973), Attorney William ‘‘Randy’’ over 150,000 members, 700 undergraduate ined. Fashioning achievement as their pur- Bates (1998–2003), and Ronald V. Julun and alumni chapters in every state of the pose, Kappa Alpha Psi began uniting college (2007–present). These represent approxi- United States, and international chapters in men of culture, patriotism and honor in a bond mately 25 percent of all the Polemarchs in the the United Kingdom, Germany, Korea, Japan, of fraternity. history of the Southwestern Province.

VerDate Nov 24 2008 03:03 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 9920 E:\CR\FM\K13OC7.026 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11187 Two Grand (National) Chapter Officers have and lifetime commitment are crucial elements eral years inclusive of Kappa Kamp and come from the Houston Alumni Chapter. C.B. to fulfillment of the goals of this Great Frater- Prince Hall Summer Camp both of which are Davis was on the Grand Board of Directors nity. Those unwilling to make such a commit- youth development, leadership and enrichment from 1973–1976. Current Sr. Grand Vice ment should look elsewhere. experiences. Kappa Kamp is a youth camp Polemarch William ‘‘Randy’’ Bates has served The history of the Fraternity, and Houston enrichment program conducted at the rein that capacity from 2007–present. He pre- Alumni Chapter specifically, is forever evolv- nowned ‘‘Piney Woods Country Life School’’ in viously served as an elected at-large member ing. Capable men dedicated to service and Mississippi, every summer. of the Grand Board of Directors from 2003– high achievement will always be remembered The group has supported numerous com- 2007. in its story. munity initiatives inclusive of the Ft. Bend There has been two Laurel Wreath Award- In 1929, records show that both Marshall Education Foundation’s and STEPS auxiliary ees (which is the highest Award in Kappa Alumni and Houston Alumni were chapters of Fine Arts Program and recently assisted a Alpha Psi), Astronaut Dr. Bernard A. Harris, the Southern Province. The actual establish- University of Houston student in the African Jr., 51st awardee and Dr. Bobby L. Wilson, ment date of the Southwestern Province, how- American studies program participate in a trip 58th awardee. ever, is unclear. But, its first Polemarch is to Ghana, West Africa. There have been two Elder Watson Diggs known to be Dr. Oliver W. Phillips, who served For these reasons and more, I join Con- Awardees (the second highest Award in from 1930–31. Brother Phillips was a charter gressman HASTINGS and my colleagues in the Kappa Alpha Psi): Attorney Carl Walker, Jr., member of Kappa Chapter in 1919 and a House of Representatives to congratulate and Willie High Coleman, Jr., Esq. member of the Guide Right Commission in Kappa Alpha Psi Fraternity, Inc., on 98 years Houston Alumni Chapter was the host of the 1930. of serving local communities and enriching the 2nd Southwest Provincial Meeting held April Hosted by the Epsilon, Lambda and Phila- lives of collegiate men throughout the Nation. 17–19, 1936. delphia Alumni Chapters, the Twentieth Grand Mr. GUTHRIE. I yield back the bal- Houston Alumni Chapter was the host of the Chapter assembled in Philadelphia, Pennsyl- ance of my time. 57th Grand Chapter meeting, held December vania, on December 27–31, 1930. A. Moore Mr. SABLAN. Mr. Speaker, I would 26–30, 1971. And, it will serve again to host Shearin was elected to the office of Grand like to thank the distinguished gen- the 81st Grand Chapter Meeting (Conclave) in Polemarch. He appointed J.W. Holland as tleman for his support of House Resolu- 2013. Province Polemarch of the Southwestern tion 659, and I also urge my colleagues Houston Alumni Chapter hosted the 62nd Province consisting of Upsilon Chapter at to support it. Southwestern Province Council Meeting on UCLA; Los Angeles Alumni Chapter, Marshall I yield back the balance of my time. March 12–15, 1998. This was the largest Alumni Chapter, and Houston Alumni Chapter. The SPEAKER pro tempore. The Province meeting in the history of the Frater- Holland’s appointment continued to usher a question is on the motion offered by nity. legacy of Achievement in the Southwestern the gentleman from the Northern Mar- Houston Alumni Chapter of Kappa Alpha Psi Province. Today, the Southwestern Province iana Islands (Mr. SABLAN) that the Fraternity, Inc. was the first Greek Letter orga- consists of Arkansas, Louisiana, Southern House suspend the rules and agree to nization to bring the Ebony Fashion Fair to Mississippi, New Mexico and Texas and con- the resolution, H. Res. 659, as amended. The question was taken. Houston beginning in the 1960s and constitutes the largest Province in the Fraternity. The SPEAKER pro tempore. In the tinuing for a period of 5–6 years making the The Houston Alumni Chapter of Kappa opinion of the Chair, two-thirds being Chapter one of the first sponsors of the Ebony Alpha Psi also sponsors the Education & in the affirmative, the ayes have it. Fashion Fair in the nation. Charities Foundation of Houston, which was incorporated in 1992 as a non-profit 501(c)3 Mr. SABLAN. Mr. Speaker, on that I The Chapter has historically held various demand the yeas and nays. social entertainment activities for members entity. The primary purpose of the Foundation can best be described as stated in Article Four The yeas and nays were ordered. and the community, including the Kappa The SPEAKER pro tempore. Pursu- Kostume Carnival and Kappa Kasino Night. of the Incorporation documents: ‘‘Operated for charitable and educational ant to clause 8 of rule XX and the For the last 20 plus years, the Chapter hosts purposes which directly benefit the citizens of Chair’s prior announcement, further an annual dance/gala around Valentine’s Day. Houston and Harris County by the provision of proceedings on this motion will be In recent years it is referred to as either the services for and support of the attainment of postponed. Sweetheart Dance or Red & White Ball. Its higher education for youth via support services f predecessor was called the Fireball. Typically and models of achievement, along with the HONORING THE 100TH ANNIVER- in June for the past 30 plus years, the Annual development of cooperative efforts with social Black & White Ball is held. This stylish affair SARY OF THE UNIVERSITY OF and civic organizations to support and partici- WISCONSIN-LA CROSSE is the Chapter’s marquee social event, and pate in educational and cultural activities for annually attracts 500–700 guests. Scholarship the benefit and fulfillment of these purposes.’’ Mr. SABLAN. Mr. Speaker, I move to award recipients and their parents are recog- The Education and Charities Foundation of suspend the rules and agree to the reso- nized during the Ball. Other events include the Houston is comprised of well respected pro- lution (H. Res. 730) honoring the 100th Annual Christmas Party, Local Founders Day, fessional men who aspire to high ideals and anniversary of the University of Wis- and Chapter Picnic. honorable achievement in all aspects of life. consin-La Crosse, as amended. Three Houston Alumni Chapter Polemarchs Inclusive in the membership of the Foundation The Clerk read the title of the resolu- have served four consecutive terms: Ollie Har- are such prominent personalities and leaders tion. ris (1966–70), Manassus McGowan (1986– as former city of Houston Council Member Al The text of the resolution is as fol- 90), and Willie H. Coleman, Jr. (1996–99). At Calloway, State Representative Harold Dutton, lows: 27 years of age Willie Earlie is the youngest Astronaut Bernard Harris (1st African Amer- H. RES. 730 person to have served as Houston Alumni ican to walk in space), Channel two news per- Whereas La Crosse is located on the west- Chapter Polemarch. Brother Prince Barrett is sonality Khambrel Marshall, TSU Vice Presi- ern border of middle-Wisconsin on the east the oldest initiate in the history of the Chapter dent of Academic Affairs Dr. Bobby Wilson side of the Mississippi River; Whereas the first Europeans to see the site and possibly in the history of the fraternity. He (and interim President), District Court Judge began his process in 1948 and became a of La Crosse were French fur traders who Mark Carter and former District Judge Carl traveled the Mississippi River in the late member in 1997. He is now in his 80s and Walker. 17th century; continues to participate in most of our activi- In pursuit of its goals, the Foundation has Whereas La Crosse was incorporated as a ties. Brother Stan Weakley first pledged engaged in a variety of fund raising initiatives city in 1856; Kappa in 1968 and became a member in since its inception, with the primary focus Whereas Thomas Morris sponsored a bill in 1998. being to raise money for scholarships and to the Wisconsin State Senate that led to the Great effort, time, and expense have been directly support predetermined programs, e.g., creation of the current day University of expended to grow Kappa Alpha Psi Fraternity, Kappa Kamp, mentoring events, etc. We have Wisconsin-La Crosse; Inc., and to bring Houston Alumni Chapter to awarded 11 4-year scholarships and made Whereas University of Wisconsin-La Crosse was founded as the La Crosse Normal School its current status. A very select few, pledged several one-time awards to students who oth- in 1909 for the purpose of teacher prepara- as undergraduates or graduate members, erwise might not have been financially capable tion; have maintained unbroken financial status at of pursuing a college education. Whereas the philosophy of Fassett A. Cot- the local and/or national level. Kappa Alpha The Foundation has sponsored numerous ton, the university’s first president, was to Psi Fraternity, Inc., is not a club. Sustained ‘‘at-risk’’ youth programs during the past sev- train the whole person;

VerDate Nov 24 2008 03:03 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.106 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11188 CONGRESSIONAL RECORD — HOUSE October 13, 2009 Whereas ‘‘Mens Corpusque’’, Latin for U.S. News and World Report, the Uni- gram. The university maintains strong mind and body, is the motto on the univer- versity of Wisconsin-La Crosse is programs in indoor and outdoor track, sity seal; ranked second in the Midwest among cross-country, gymnastics, and foot- Whereas the college changed its name to public universities that offer both ball. UW-La Crosse has approximately Wisconsin State College-La Crosse in 1951 when the La Crosse State Teachers Colleges bachelor’s and master’s degrees. 570 student athletes, participating on could establish baccalaureate degrees in lib- Much has changed in La Crosse’s 100- 19 teams, which have won 51 NCAA na- eral arts; year history, but many of the core tional titles in 9 different sports. UW- Whereas University of Wisconsin-La Crosse principles have remained constant. The La Crosse has won 23 men’s track and offers 88 undergraduate programs in 44 dis- university still strives to embrace the field titles in school history, the most ciplines and 26 graduate programs; philosophy of its first president—to in Division III history, and 6 National Whereas University of Wisconsin-La Crosse train the whole person. In fact, the uni- Collegiate Gymnastics Association celebrated its 50th anniversary in 1959, the versity still uses the message ‘‘mind championships. same year that presidential candidate John F. Kennedy visited the campus and spoke to and body’’ as their motto, and it sup- The University of Wisconsin-La the student body in Graff Main Hall audito- ports learning across a wide range of Crosse has become an example of excel- rium; disciplines. With students from 43 lence in academics, athletics and as an Whereas U.S. News & World Report ranked States and 50 countries, the university American university. U.S. News and the University of Wisconsin-La Crosse sec- works hard to prepare students for our World Report ranked UW-La Crosse ond among Midwestern public universities increasingly global community, and it second among Midwestern public uni- offering bachelor’s and master’s degrees; encourages students and faculty to versities offering bachelor’s and mas- Whereas the University of Wisconsin-La value diversity. ter’s degrees in 2005, 2006, 2007, and Crosse men’s athletic teams took the nick- This year, the University of Wis- name ‘‘Eagles’’ in fall 1989, and the women third in 2008. The university was recog- teams a year later; consin-La Crosse will continue to grow nized as a ‘‘best value’’ by Kiplinger’s Whereas the University of Wisconsin-La its impact. As the university commu- ‘‘Personal Finance,’’ and the Princeton Crosse athletic teams have won 59 NCAA Di- nity celebrates their accomplishments Review named UW-La Crosse one of vision III national titles in 9 different sports; and rich history, the University of Wis- America’s ‘‘best Midwestern colleges’’ and consin-La Crosse will take a moment and an ‘‘America’s best value college’’ Whereas 2009 marks the 100th anniversary to reflect on a century of achievement. in 2007. of the founding of the University of Wis- The university will also take a look It is a privilege to stand before the consin-La Crosse: Now, therefore, be it Resolved, That the House of Representa- ahead to the next 100 years of inquiry, House today to congratulate the Uni- tives honors the University of Wisconsin-La learning and discovery. versity of Wisconsin-La Crosse on the Crosse, on its 100th anniversary and com- Mr. Speaker, once again, I express occasion of their 100th anniversary. I mends the institution’s status as a leading my support for the University of Wis- extend my congratulations to the fac- public university that excels in academics, consin-La Crosse, and I want to thank ulty and staff, to the students and athletics, and quality of life for students. Representative KIND for bringing this alumni. I ask my colleagues to support The SPEAKER pro tempore. Pursu- resolution forward. I also want to this resolution. ant to the rule, the gentleman from the thank the faculty, staff and students of I reserve the balance of my time. Northern Mariana Islands (Mr. SABLAN) the University of Wisconsin-La Crosse Mr. SABLAN. Mr. Speaker, I am and the gentleman from Kentucky (Mr. for making the university what it is pleased to recognize for as much time GUTHRIE) each will control 20 minutes. today. as he may consume the distinguished The Chair recognizes the gentleman I urge my colleagues to support this gentleman from Wisconsin (Mr. KIND). from the Northern Mariana Islands. resolution, and I reserve the balance of Mr. KIND. I want to thank my good GENERAL LEAVE my time. friend and colleague from the Northern Mr. SABLAN. Mr. Speaker, I request Mr. GUTHRIE. I yield myself as Mariana Islands for yielding me this 5 legislative days during which Mem- much time as I may consume. time. bers may revise and extend their re- Mr. Speaker, I rise today in support Mr. Speaker, I rise today in support marks and insert extraneous material of House Resolution 730, honoring the of House Resolution 730, to honor the on House Resolution 730 into the 100th anniversary of the University of University of Wisconsin-La Crosse as RECORD. Wisconsin-La Crosse. they celebrate their centennial anni- The SPEAKER pro tempore. Is there The University of Wisconsin-La versary. Representing such an excep- objection to the request of the gen- Crosse was founded as the La Crosse tional university with a rich history of tleman from the Northern Mariana Is- State Normal School in 1909. The academic achievement, located in my lands? school was established for the purpose hometown, is a great source of pride There was no objection. of teacher preparation. In 1964, the col- for me. Mr. SABLAN. I yield myself as much lege was designated a university as For the past 100 years, the faculty, time as I may consume. part of the Wisconsin State university staff and students of UW-La Crosse Mr. Speaker, I rise today in support system, and it was renamed Wisconsin have worked hard to make the univer- of House Resolution 730, which cele- State University-La Crosse. The uni- sity one of the most highly regarded brates and honors the University of versity adopted its current name in public institutions of higher education Wisconsin-La Crosse’s 100 years of 1971. in this country. This year, U.S. News teaching and learning. UW-La Crosse now offers 87 under- and World Report again ranked UW-La Founded in 1909, the La Crosse Nor- graduate programs in 44 disciplines and Crosse second in its rankings of top mal School eventually became what is 26 graduate programs with an emphasis Midwestern universities. now known as the University of Wis- in 8 disciplines. The university is orga- Founded in 1909, the university is lo- consin-La Crosse. Beginning with just nized into 3 colleges: the College of cated in La Crosse, Wisconsin, on Wis- over 150 teacher preparation students, Business Administration, the College consin’s western border, alongside the the small school has grown into a pres- of Science and Health, and the College beautiful Mississippi River, and sur- tigious university. of Liberal Studies, which houses the rounded by picturesque bluffs. The Today, the University of Wisconsin- School of Arts and Communication and campus’s visual beauty has been a La Crosse enrolls over 9,000 students the School of Education. The univer- main draw for many students and fac- and offers a wide range of courses. With sity also offers Wisconsin’s only na- ulty throughout the years. From its in- 85 undergraduate majors, 30 disciplines tionally accredited degrees in recre- ception, the college has expanded its and 21 graduate degrees, the University ation management and therapeutic academic curriculum, and now has 88 of Wisconsin-La Crosse boasts a strong recreation, the UW system’s only nu- undergraduate programs in 44 dis- academic program. By coupling this clear medicine technology program, ciplines and 26 graduate programs. The strong educational base with student and it offers one of two Midwest under- University of Wisconsin-La Crosse is support services and a low student-to- graduate archeology majors. providing students with a high-quality faculty ratio, the school has become a The University of Wisconsin-La education that allows them to excel in premier public university. According to Crosse also has a thriving athletic pro- the competitive global economy.

VerDate Nov 24 2008 03:03 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.008 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11189 b 1515 SUPPORTING NATIONAL WORK salaried workers are parents with children AND FAMILY MONTH under the age of 18 who live with them at As the Representative for western least half-time; Wisconsin, I have always treasured the Mr. SABLAN. Mr. Speaker, I move to Whereas job flexibility often allows par- strong emphasis that’s placed in our suspend the rules and agree to the reso- ents to be more involved in their children’s area on higher education. All of the six lution (H. Res. 768) expressing support lives, and parental involvement is associated universities located in the congres- for the designation of the month of Oc- with higher child achievement in language sional district have superior tech- tober as ‘‘National Work and Family and mathematics, improved behavior, great- Month,’’ as amended. er academic persistence, and lower dropout nology, science and math programs rates; that will place graduates in the innova- The Clerk read the title of the resolu- Whereas a 2000 study entitled Urban Work- tive industries in the future. tion. ing Families revealed that a lack of job flexi- The University of Wisconsin-La The text of the resolution is as fol- bility for parents negatively affects child Crosse is no exception to this. It is the lows: health by preventing parents from making leading public university that excels in H. RES. 768 needed doctors’ appointments and children Whereas, according to a report entitled from receiving adequate early care, which academics, athletics and the quality of makes illnesses more severe and prolonged; ‘‘Attraction and Retention’’ published by an life for its students. Whereas, from 2001 to early 2008, 1,700,000 organization called WorldatWork, the qual- UW–L also has an extremely diverse active duty troops have served in Iraq and ity of workers’ jobs and the supportiveness 600,000 members of the National Guard and student body that enhances students’ of their workplaces are key predictors of job Reserve (133,000 on more than one tour) have cultural awareness and learning experi- productivity, job satisfaction, commitment been called up to serve, creating a need for ence. The university is a member of the to employers, and retention; policies and programs to help military fami- International Student Exchange pro- Whereas, according to a 2008 report by the lies adjust to the realities that come with Families and Work Institute entitled Na- grams and has made partnerships with having a family member in the military; tional Study of the Changing Workforce, em- other universities around the world. Whereas according to a Centers for Disease Currently students from over 54 dif- ployees with a high level of work-life inte- Control and Prevention (CDC) report, less ferent countries are enrolled at UW–L. gration are, compared to employees with than half of mothers who work full time ex- moderate or low levels of work-life integra- clusively breastfeed their newborns although I can attest firsthand to the high cal- tion, more highly engaged and less likely to iber of graduates that UW-La Crosse support for lactation at work benefits indi- look for a new job in the next year, and also vidual families as well as employers by im- produces, because throughout my time enjoy better overall health, better mental proving productivity and staff loyalty, and in Congress I have employed many of health, and lower levels of stress; decreasing absenteeism and employee turn- them. Currently, I have seven grad- Whereas, according to a 2004 report enti- over; uates from UW-La Crosse on my staff, tled ‘‘Overwork in America’’, employees who Whereas according to the CDC, who happen to be with us today in the are able to effectively balance family and breastfeeding is the most beneficial form of work responsibilities are less likely to report infant nutrition, and the greater the dura- House gallery, from my chief of staff, making mistakes or feeling resentment to- Erik Olson, to my district office man- tion of breastfeeding, the lower the odds of ward employers and coworkers; pediatric obesity; ager, Loren Kannenberg, Shannon Whereas, according to the Best Places to Whereas studies report that family rituals, Glynn, Steve Sipe, Brad Smith, Karrie Work in the Federal Government rankings such as sitting down to dinner together posi- Jackelen and Mark Seitz. I congratu- released by the Partnership for Public Serv- tively influence children’s health and devel- late them on their achievement and ice and American University’s Institute for opment, and that healthy lifestyle habits, in- thank them for the outstanding work the Study of Public Policy Implementation, cluding healthy eating and physical activity, they do on behalf of the people of the work-life balance and a family-friendly cul- can lower the risk of becoming obese and de- ture are among the key drivers of employee veloping related diseases; Third Congressional District of western engagement and satisfaction in the Federal Wisconsin. It’s clear that UW-La Whereas unpaid family caregivers will workforce; likely continue to be the largest source of Crosse prepared them well for their ca- Whereas finding a good work-life balance is long-term care for elderly United States citi- reers after graduation. important for workers in multiple genera- zens, and the Department of Health and I would like to congratulate all of tions, as indicated by a 2009 survey entitled Human Services estimates the number of the UW-La Crosse faculty, staff, stu- ‘‘Great Expectations! What Students Want in such caregivers to reach 37,000,000 by 2050, an dents, alumni, of the past 100 years for an Employer and How Federal Agencies Can increase of 85 percent from 2000, as baby Deliver It’’, which found that attaining a boomers reach retirement age in record the century of academic excellence. healthy work-life balance was an important UW-L wouldn’t be the success that it is numbers; and career goal of 66 percent of respondents, and Whereas the month of October would be an if it wasn’t for their hard work and a 2008 study entitled ‘‘A Golden Oppor- appropriate month to designate as ‘‘National dedication. tunity’’, which found that workers between Work and Family Month’’: Now, therefore, The university has achieved so many the ages of 50 and 65 are a strong source of be it great things over the past 100 years. I experienced talent for the Federal workforce Resolved, That the House of Representa- know that the faculty, staff and stu- and that nearly 50 percent of these potential tives— workers find flexible work schedules ‘‘ex- dents of UW-La Crosse will achieve (1) supports the designation of ‘‘National tremely appealing’’; Work and Family Month’’; even more over the next 100 years. Whereas, according to research by the Rad- (2) recognizes the importance of balancing Mr. GUTHRIE. Mr. Speaker, I have cliffe Public Policy Center in 2000, men in work and family to job productivity and no further speakers. I encourage my as- their 20s and 30s and women in their 20s, 30s, healthy families; sociates and colleagues to vote for this and 40s identified as the most important job (3) recognizes that an important job char- resolution, and I yield back the balance characteristic a work schedule that allows acteristic is a work schedule that allows em- of my time. them to spend time with their families; ployees to spend time with families; Whereas, according to research by the (4) supports the goals and ideals of ‘‘Na- Mr. SABLAN. Mr. Speaker, I urge my Sloan Center for Aging and Work, a majority tional Work and Family Month’’, and urges colleagues to support the resolution, of workers age 53 and older attribute their public officials, employers, employees, and and I yield back the balance of my success as an employee, by a great or mod- the general public to work together to time. erate extent, to job flexibility, and also re- achieve more balance between work and fam- The SPEAKER pro tempore. The port that, to a great extent, job flexibility ily; and question is on the motion offered by contributes to an overall higher quality of (5) requests that the President issue a life; the gentleman from the Northern Mar- proclamation calling upon the people of the Whereas employees who are able to effec- United States to observe ‘‘National Work iana Islands (Mr. SABLAN) that the tively balance family and work responsibil- and Family Month’’ with appropriate cere- House suspend the rules and agree to ities feel healthier and more successful in monies and activities. the resolution, H. Res. 730, as amended. their relationships with their spouses, chil- The SPEAKER pro tempore. Pursu- The question was taken; and (two- dren, and friends; Whereas 85 percent of United States wage ant to the rule, the gentleman from the thirds being in the affirmative) the Northern Mariana Islands (Mr. SABLAN) rules were suspended and the resolu- and salaried workers have immediate, day- to-day family responsibilities outside of and the gentleman from Kentucky (Mr. tion, as amended, was agreed to. their jobs; GUTHRIE) each will control 20 minutes. A motion to reconsider was laid on Whereas, according to the 2006 American The Chair recognizes the gentleman the table. Community Survey, 47 percent of wage and from the Northern Mariana Islands.

VerDate Nov 24 2008 03:03 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.048 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11190 CONGRESSIONAL RECORD — HOUSE October 13, 2009 GENERAL LEAVE gether and sharing activities and holi- raise awareness among employers Mr. SABLAN. Mr. Speaker, I request days positively influence children, chil- about the value of work-life integra- 5 legislative days during which Mem- dren’s health and development. Due to tion. bers may revise and extend and insert the aging of the baby boomers, the De- The goal is to encourage all work- extraneous material on House Resolu- partment of Health and Human Serv- places to pause once a year during the tion 768 into the RECORD. ices estimates that the number of un- month of October to communicate and The SPEAKER pro tempore. Is there paid caregivers will reach 37 million by celebrate the progress already made on objection to the request of the gen- 2050, up 85 percent from 2000. the journey to creating healthier and tleman from the Northern Mariana Is- I encourage my colleagues to support more flexible work environments and lands? designating October as National Work then raise the bar to accomplish even There was no objection. and Family Month in order to shine a more the following year. Workplace Mr. SABLAN. Mr. Speaker, I yield light on the beneficial effects of bal- flexibility is extremely important in myself as much time as I may con- ancing work and family. today’s busy world. Corporations that sume. I reserve the balance of my time. engage in these family-supportive prac- I rise today in support of House Reso- Mr. GUTHRIE. Mr. Speaker, I yield tices have earned well in their stock lution 768, which expresses support for myself as much time as I may con- values. National Work and Family Month. sume. This year, more than ever, employers Currently, most people work, and Mr. Speaker, I rise today in support need to know there is an inexpensive, balancing work and family is particu- of House Resolution 768, expressing efficient way to motivate and retain larly challenging for these workers. support for the designation of the top talent that they will need to get This is particularly true for working month of October as National Work through tough times. Employees need women who comprise over one half of and Family Month. to know it’s good to utilize work-life the workforce and are more likely than Establishing a healthy balance be- programs offered in an organization be- men to be primary caregivers of chil- tween work and family obligations is cause it will help them become much dren or other family members. something that most workers, women more productive. Over 5 years, every According to the Bureau of Labor and men, struggle with at some point October, businesses all over the coun- Statistics, women spend about 6.3 in their careers. Studies have shown try have celebrated National Work and hours a day caring for children under that employees who are able to effec- Family Month. the age of 13, while men spend 4.1 tively balance family and work respon- hours. sibilities are less likely to report mak- The problem of work-life conflicts af- In addition, women feel more societal ing mistakes or feel resentment to- fects everybody. A majority of working pressure than men to stay home with a wards employers and coworkers. men and a significant portion of child or elderly parent who requires Eighty-five percent of the United women with children under the age of care. There is substantial evidence that States’ wage and salaried workers have 18 report some level of work-life con- family-friendly policies help parents immediate day-to-day family respon- flict. balance work and family, improve em- sibilities outside of their jobs. Work- It’s important to designate a time for ployers’ bottom line, and have bene- place flexibility often allows parents to employers to help employees under- ficial effects on children. be more involved in their children’s stand their option and achieve better A 2008 report by the Families and lives. Parental involvement is associ- work-life integration. Meanwhile, em- Work Institute found that workers who ated with children’s higher achieve- ployees need to know it’s good to uti- are able to balance work and family ment in language and mathematics, lize work-life programs offered at any are more highly engaged in their work improved behavior, greater academic organization, because it will help them and less likely to look for a new job in persistence, and lower dropout rates. become more productive. the next year. They also enjoy better Today, with this resolution, we sup- Decades of research show that an in- overall health, better mental health port the designation of the month of vestment into work-life categories pro- and lower levels of stress. In fact, fam- October as National Work and Family vide a positive return and investment, ily-friendly policies might be the keys Month. Through this designation, we a more productive, engaged and to this country’s prosperity. The Gov- recognize the importance of balancing healthier workforce. ernment Accountability Office has pub- work and family; and we urge public of- Mr. GUTHRIE. Mr. Speaker, I have lished a study on the practices of other ficials, employers, employees, and the no further speakers, and I encourage countries and found that policies such general public to work together to the adoption of this resolution in com- as paid leave help workers, especially achieve more balance between work memorating the work and balance that women, enter and remain in the work- and family. families have to have between work force. I stand in support of this resolution, and family time. I yield back the bal- Finding a good balance between work and I ask my colleagues’ support. ance of my time. and family is important to most peo- I reserve the balance of my time. Mr. SABLAN. Mr. Speaker, again, I ple. A 2009 survey of students found Mr. SABLAN. Mr. Speaker, I am urge my colleagues to support House that two-thirds of respondents cited a pleased to recognize at this time the Resolution 768, as amended, and I yield healthy work-life balance was an im- author of the resolution, the distin- back the balance of my time. portant career goal. guished gentlewoman from New York The SPEAKER pro tempore. The In addition, research by the Radcliff (Mrs. MCCARTHY) for as much time as question is on the motion offered by Public Policy Center found that women she may consume. the gentleman from the Northern Mar- Mrs. MCCARTHY of New York. I in their 20s, 30s and 40s and men in iana Islands (Mr. SABLAN) that the their 20s and 30s identified the most want to thank my colleagues for bring- House suspend the rules and agree to important job characteristic to be a job ing this resolution to the floor. I also the resolution, H. Res. 768, as amended. schedule that allows them to spend want to thank my ranking member on The question was taken. time with their families. our Subcommittee on Healthy Fami- A majority of workers age 53 and lies and Communities, Mr. PLATTS. He The SPEAKER pro tempore. In the older attribute their success as an em- and I have worked very well on a num- opinion of the Chair, two-thirds being ployee to job flexibility, which contrib- ber of issues, and we appreciate his in the affirmative, the ayes have it. utes to an overall higher quality of life. hard work in joining me as the lead co- Mr. SABLAN. Mr. Speaker, on that I By the same token, lack of job flexi- sponsor on this resolution. demand the yeas and nays. bility for parents negatively affects I would also like to thank Chairman The yeas and nays were ordered. child health because they are taken to MILLER, Ranking Member KLINE, and The SPEAKER pro tempore. Pursu- their doctor less often and do not re- all of the committee staff who always ant to clause 8 of rule XX and the ceive adequate early care. do such a wonderful job. National Work Chair’s prior announcement, further Studies have found that family rit- and Family Month is the centerpiece of proceedings on this motion will be uals such as sitting down to dinner to- a national educational campaign to postponed.

VerDate Nov 24 2008 03:03 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.030 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11191 SUPPORTING RECOGNITION OF CO- On October 12, 1492, Christopher Co- most a day off from school. The impor- LUMBUS AND HIS ROLE IN lumbus and his 90 crew members ar- tance of a knowledge of history has UNITED STATES HISTORY rived in the Americas aboard his fa- been argued for centuries. Yet, accord- Mr. SABLAN. Mr. Speaker, I move to mous three-ship fleet. The voyage, ing to the National Assessment of Edu- suspend the rules and agree to the reso- which lasted nearly 10 weeks, began in cational Progress in 2006, less than half lution (H. Res. 822) expressing support Spain and ended on the Bahamian is- of the country’s high school seniors for students to learn about Christopher land of Guanahani. Credited with dis- have a basic knowledge of American Columbus. covering the new world, Columbus is a history. For this reason, it is impor- The Clerk read the title of the resolu- controversial figure whose quest to tant to support this resolution and en- tion. find new trade routes to Asia brought courage students to take advantage of The text of the resolution is as fol- him to our shores. educational opportunities, in and out lows: b 1530 of school, to learn about Christopher H. RES. 822 Columbus and his voyage to America Americans first celebrated Columbus and the history of the United States. Whereas Columbus Day is celebrated the Day on October 12, 1792, to commemo- second Monday in October every year to I would like to thank my colleague honor Christopher Columbus; rate the 300th anniversary of his land- from Pennsylvania, Mr. GLENN THOMP- Whereas Christopher Columbus arrived in ing. The first official Columbus Day SON, for introducing this resolution. I the Americas on October 12, 1492, and is cred- holiday, however, was not celebrated ask my colleagues to support this reso- ited with initiating the European coloniza- until after the 400th anniversary, when lution. tion of the Americas; President Benjamin Harrison issued a Mr. Speaker, I have no further speak- Whereas tributes and memorials to Chris- proclamation in 1892. Today, tributes ers. I yield back the balance of my topher Columbus exist today in almost every and memorial celebrations in honor of time. State in the Nation; Christopher Columbus take place Whereas the discovery and colonization of Mr. SABLAN. Mr. Speaker, again I the Americas is an integral part of the his- across the Nation. urge my colleagues to support House tory and heritage of the United States; This resolution stresses the impor- Resolution 822. I yield back the balance Whereas according to the National Assess- tance of understanding the importance of my time. ment of Educational Progress in 2006, less of Christopher Columbus’ voyage, our The SPEAKER pro tempore. The than half of the country’s high school sen- broader history, and a call for students question is on the motion offered by iors had a basic knowledge of United States to learn about our Nation’s heritage. the gentleman from the Northern Mar- history; The importance of an educated and Whereas 29 States require high school stu- iana Islands (Mr. SABLAN) that the active citizenship cannot be over- House suspend the rules and agree to dents to take a class in civics or govern- stated. Without a basic civic education, ment; the resolution, H. Res. 822. Whereas a proficient knowledge of the his- it is less likely that today’s students The question was taken; and (two- tory and heritage of the United States is im- will vote or engage in active citizen- thirds being in the affirmative) the portant to promoting additional civic in- ship as adults. Civic education raises rules were suspended and the resolu- volvement; and awareness and responsibility in our tion was agreed to. Whereas educating today’s young people students. Learning about our history is A motion to reconsider was laid on about the history and heritage of the United important not only for its academic as- the table. States is essential to creating an informed pects, but also for the way in which it f generation of citizens: Now, therefore, be it improves our democracy. Resolved, That the House of Representa- IRAN SANCTIONS ENABLING ACT tives— I want to express my support for this (1) supports the recognition of Christopher resolution and encourage young people OF 2009 Columbus and his role in the discovery and to learn about how history affects their Mr. FRANK of Massachusetts. Mr. history of the United States; everyday lives. I urge my colleagues to Speaker, I move to suspend the rules (2) recognizes that it is important for support this resolution, and I thank and pass the bill (H.R. 1327) to author- young people to learn about Christopher Co- Representative THOMPSON for bringing ize State and local governments to di- lumbus and the discovery, heritage, and his- it to the floor. tory of the Nation; and rect divestiture from, and prevent in- (3) encourages all people to take advantage I reserve the balance of my time. vestment in, companies with invest- of educational opportunities in high schools Mr. GUTHRIE. Mr. Speaker, I yield ments of $20,000,000 or more in Iran’s and institutions of higher education to learn myself such time as I may consume. energy sector, and for other purposes, about Christopher Columbus’ discovery of Mr. Speaker, I rise today in support as amended. the Americas and United States history. of H. Res. 822, expressing support for The Clerk read the title of the bill. The SPEAKER pro tempore. Pursu- students to learn about Christopher The text of the bill is as follows: ant to the rule, the gentleman from the Columbus. Yesterday, we celebrated H.R. 1327 Northern Mariana Islands (Mr. SABLAN) the 517th anniversary of Christopher Be it enacted by the Senate and House of Rep- and the gentleman from Kentucky (Mr. Columbus’ voyage to the Americas. Co- resentatives of the United States of America in GUTHRIE) each will control 20 minutes. lumbus landed in the Americas in what Congress assembled, GENERAL LEAVE is now the Commonwealth of the Baha- SECTION 1. SHORT TITLE. Mr. SABLAN. Mr. Speaker, I request mas on October 12, 1492. Christopher This Act may be cited as the ‘‘Iran Sanc- 5 legislative days during which Mem- Columbus’ voyage to America was an tions Enabling Act of 2009’’. bers may revise and extend and insert integral part in the history and found- SEC. 2. FINDINGS. extraneous material on House Resolu- ing of our Nation. The Congress finds as follows: tion 822 into the RECORD. Today, tributes to Christopher Co- (1) There is an increasing interest by The SPEAKER pro tempore. Is there lumbus can be found all around the States, local governments, educational institutions, and private institutions to seek to objection to the request of the gen- country. Almost every State has a city that bears the name ‘‘Columbus.’’ disassociate themselves from companies that tleman from the Northern Mariana Is- directly or indirectly support the Govern- lands? There are memorials located from ment of Iran’s efforts to achieve a nuclear There was no objection. coast to coast. There is a fountain me- weapons capability. Mr. SABLAN. Mr. Speaker, I yield morializing Columbus here in Wash- (2) Policy makers and fund managers may myself as much time as I may con- ington, D.C., and a chapel relocated find moral, prudential, or reputational rea- sume. from the Columbus family castle in sons to divest from companies that accept I rise today in support of House Reso- Spain to Pennsylvania, just to name a the business risk of operating in countries lution 822, which recognizes the impor- couple of examples. that are subject to international economic tant role Christopher Columbus played The importance of Christopher Co- sanctions or that have business relationships with countries, governments, or entities in the history of the United States. lumbus in American history and herit- with which any United States company The resolution also underlines the age is obvious. However, if you asked would be prohibited from dealing because of overall importance of learning about students today, many cannot tell you economic sanctions imposed by the United our history. why yesterday was a holiday and for States.

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SEC. 3. AUTHORITY OF STATE AND LOCAL GOV- (1) INVESTMENT.—The ‘‘investment’’ of as- ing investing plan assets in, persons that are ERNMENTS TO DIVEST FROM CER- sets, with respect to a State or local govern- determined by such person, using credible in- TAIN COMPANIES INVESTED IN ment, includes— formation that is available to the public, to IRAN’S ENERGY SECTOR. (A) a commitment or contribution of as- be engaged in investment activities in Iran (a) STATEMENT OF POLICY.—It is the policy sets; described in section 3(c) of the Iran Sanc- of the United States to support the decision (B) a loan or other extension of credit; or tions Enabling Act of 2009. Any divestiture of of State governments, local governments, (C) the entry into or renewal of a contract plan assets from, or avoidance of investing and educational institutions to divest from, for goods or services. plan assets in, persons that are so deter- and to prohibit the investment of assets they (2) ASSETS.— mined to be engaged in such investment ac- control in, persons that have investments of (A) IN GENERAL.—Except as provided in tivities shall be treated as in accordance more than $20,000,000 in Iran’s energy sector. subparagraph (B), the term ‘‘assets’’ refers to with this title and the documents and instru- (b) AUTHORITY TO DIVEST.—Notwith- public monies and includes any pension, re- ments governing the plan.’’. standing any other provision of law, a State tirement, annuity, or endowment fund, or SEC. 6. DEFINITIONS. or local government may adopt and enforce similar instrument, that is controlled di- In this title: measures that meet the requirements of sub- rectly or indirectly by a State or local gov- (1) ENERGY SECTOR.—The term ‘‘energy sec- section (d) to divest the assets of the State ernment. tor’’ refers to activities to develop petroleum or local government from, or prohibit invest- (B) EXCEPTION.—The term ‘‘assets’’ does or natural gas resources or nuclear power. ment of the assets of the State or local gov- not include employee benefit plans covered (2) FINANCIAL INSTITUTION.—The term ‘‘fi- ernment in, any person that the State or by title I of the Employee Retirement In- nancial institution’’ has the meaning given local government determines, using credible come Security Act of 1974 (29 U.S.C. 1001 et that term in section 14(5) of the Iran Sanc- information available to the public, engages seq.). tions Act of 1996 (Public Law 104–172; 50 in investment activities in Iran described in (h) EFFECTIVE DATE.— U.S.C. 1701 note). subsection (c). (1) IN GENERAL.—Except as provided in (3) IRAN.—The term ‘‘Iran’’ includes any (c) INVESTMENT ACTIVITIES IN IRAN DE- paragraph (2) of this subsection and sub- agency or instrumentality of Iran. SCRIBED.—A person engages in investment section (i), this section shall apply to meas- (4) PERSON.—The term ‘‘person’’ means— activities in Iran described in this subsection ures adopted by a State or local government (A) a natural person, corporation, com- if the person— on or after the date of the enactment of this pany, business association, partnership, soci- (1) has an investment of $20,000,000 or more Act. ety, trust, or any other nongovernmental en- in the energy sector of Iran; (2) NOTICE REQUIREMENTS.—Subsections (d) tity, organization, or group; (2) provides oil or liquified natural gas and (e) apply to measures adopted by a State (B) any governmental entity or instrumen- tankers, or products used to construct or or local government on or after the date of tality of a government, including a multilat- maintain pipelines used to transport oil or the enactment of this Act. eral development institution (as defined in liquified natural gas, for the energy sector in (i) AUTHORIZATION FOR PRIOR ENACTED section 1701(c)(3) of the International Finan- Iran; or MEASURES.—Notwithstanding any other pro- cial Institutions Act (22 U.S.C. 262r(c)(3))); (3) is a financial institution that extends vision of law, a State or local government and $20,000,000 or more in credit to another per- may enforce a measure (without regard to (C) any successor, subunit, parent com- son, for 45 days or more, if that person will the requirements of subsection (d)) adopted pany, or subsidiary of, or company under use the credit to invest in the energy sector by the State or local government before the common ownership or control with, any enti- in Iran. date of the enactment of this Act that pro- ty described in subparagraph (A) or (B). (d) REQUIREMENTS.—The requirements re- vides for the divestiture of assets of the (5) STATE.—The term ‘‘State’’ means each ferred to in subsection (b) that a measure State or local government from, or prohibits of the several States, the District of Colum- taken by a State or local government must the investment of the assets of the State or bia, the Commonwealth of Puerto Rico, the meet are the following: local government in, any person that the United States Virgin Islands, Guam, Amer- (1) NOTICE.—The State or local government State or local government determines, using ican Samoa, and the Commonwealth of the shall provide written notice to each person credible information available to the public, Northern Mariana Islands. to whom the State or local government, as engages in investment or business activities (6) STATE OR LOCAL GOVERNMENT.—The the case may be, intends to apply the meas- in Iran (determined without regard to sub- term ‘‘State or local government’’ includes— ure, of such intent. section (c)) identified in the measure. (A) any State and any agency or instru- (2) TIMING.—The measure shall apply to a SEC. 4. SAFE HARBOR FOR CHANGES OF INVEST- mentality thereof; person not earlier than the date that is 90 MENT POLICIES BY ASSET MAN- (B) any local government within a State, days after the date on which the person re- AGERS. and any agency or instrumentality thereof; Section 13(c)(1) of the Investment Com- ceives the written notice required by para- (C) any other governmental instrumen- pany Act of 1940 (15 U.S.C. 80a–13(c)(1)) is graph (1). tality; and amended to read as follows: (3) OPPORTUNITY FOR HEARING.—The State (D) any public institution of higher edu- N GENERAL.—Solely for purposes of or local government shall provide each per- ‘‘(1) I cation within the meaning of the Higher this subsection, and notwithstanding any son referred to in paragraph (1) with an op- Education Act of 1965 (20 U.S.C. 1001 et seq.). other provision of Federal or State law, no portunity to demonstrate to the State or SEC. 7. SUNSET. person may bring any civil, criminal, or ad- local government, as the case may be, that This Act shall terminate 30 days after the ministrative action against any registered the person does not engage in investment ac- date on which the President has certified to investment company, or any employee, offi- tivities in Iran described in subsection (c). If the Congress that— cer, director, or investment adviser thereof, the person demonstrates to the State or (1) the Government of Iran has ceased pro- based solely upon the investment company local government that the person does not viding support for acts of international ter- divesting from, or avoiding investing in, se- engage in investment activities in Iran de- rorism and no longer satisfies the require- curities issued by persons that the invest- scribed in subsection (c), the measure shall ments for designation as a state-sponsor of ment company determines, using credible in- not apply to the person. terrorism for purposes of section 6(j) of the formation that is available to the public, (4) SENSE OF THE CONGRESS ON AVOIDING ER- Export Administration Act of 1979, section conduct or have direct investments in busi- RONEOUS TARGETING.—It is the sense of the 620A of the Foreign Assistance Act of 1961, Congress that a State or local government ness operations in Sudan described in section section 40 of the Arms Export Control Act, or should not adopt a measure under subsection 3(d) of the Sudan Accountability and Divest- any other provision of law; or (b) with respect to a person unless the State ment Act of 2007 or engage in investment ac- (2) Iran has ceased the pursuit, acquisition, or local government has made every effort to tivities in Iran described in section 3(c) of and development of nuclear, biological, and avoid erroneously targeting the person and the Iran Sanctions Enabling Act of 2009. chemical weapons and ballistic missiles and has verified that the person engages in in- Nothing in this paragraph shall be construed ballistic missile launch technology. to create, imply, diminish, change, or affect vestment activities in Iran described in sub- The SPEAKER pro tempore. Pursu- section (c). in any way the existence of a private cause of action under any other provision of this ant to the rule, the gentleman from (e) NOTICE TO DEPARTMENT OF JUSTICE.— Act.’’. Massachusetts (Mr. FRANK) and the Not later than 30 days after adopting a meas- gentleman from Minnesota (Mr. ure pursuant to subsection (b), a State or SEC. 5. SAFE HARBOR FOR CHANGES OF INVEST- MENT POLICIES BY EMPLOYEE BEN- PAULSEN) each will control 20 minutes. local government shall submit to the Attor- EFIT PLANS. ney General of the United States a written The Chair recognizes the gentleman Section 404 of the Employee Retirement from Massachusetts. notice which describes the measure. Income Security Act of 1974 (29 U.S.C. 1104) is (f) NONPREEMPTION.—A measure of a State Mr. FRANK of Massachusetts. Mr. amended by adding at the end the following Speaker, I yield myself such time as I or local government authorized under sub- new subsection: section (b), or described in subsection (i), is ‘‘(e) No person shall be treated as breach- may consume. not preempted by any Federal law or regula- ing any of the responsibilities, obligations, I am somewhat encouraged by what tion. or duties imposed upon fiduciaries by this appears to be some progress in negotia- (g) DEFINITIONS.—In this section: title for divesting plan assets from, or avoid- tions between the United States and

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I believe, to an investment fund go to that in- Tehran to deliver on its commitments as do I think, almost everybody in the vestment fund, whatever it is, and say, and not merely to do what it has done House, perhaps not everybody, but al- we don’t want our money helping to in the past, and that is use negotia- most everybody, that nuclear weapons bolster the economy of that regime in tions to merely run out the clock. in the hands of the Iranian regime Iran, withdraw our funds from those This legislation increases the eco- would be a terrible thing for the world companies, that the company can’t be nomic pressure that is placed on Iran to have to deal with, and I am very sued. by permitting State governments, local supportive of our efforts to mobilize What we have had is the investment governments and educational institu- the necessary multinational coalition vehicles have often said, I think some- tions to divest from investments re- to impose the kind of sanctions that times frankly not entirely meaning lated to Iran’s energy sector. will stop this. that this is the real reason, oh, well, In addition, the legislation would ex- In that context, I have worked close- we can’t do that, because we are man- tend to private actors the ability to ly with the Chair of the Foreign Affairs dated to get you the best possible dol- consider U.S.-Iran relationships in Committee, the gentleman from Cali- lar return, and if we withdraw here, we their investment calculus. This means fornia, Mr. BERMAN, on sanctions legis- will be accused of having used other that registered investment advisors are lation, and I believe that he is cor- criteria. provided a safe harbor, allowing them rectly coordinating closely with the Now, in fact it has been, I think, fair- to divest from or elect not to invest in administration on the timing of broadly clear that when you have a very securities of companies that invest in er sanctions legislation. large entity investing broadly, with- Iran’s energy sector. The bill we are discussing right now drawal from no one cause is going to Many States, as the chairman had is one that has previously been passed cause a problem. But that is still the noted, including my own State of Min- by this House. It was blocked in the fear that was cited. So what this bill nesota, have already moved in that di- Senate in the previous administration does is to give a very narrowly drafted rection. But today we have the oppor- because the State Department argued protection to the investment managers tunity to push this important initia- against it, and I think the time has against being sued because they re- tive a step closer at the Federal level, come for us to do it. spond to a claim from their own con- and in doing so we can help leverage It does not in itself impose any sanc- tributors to that fund who don’t want and we can help slow down Iran’s nu- tions. What it does is to make it very to be supporting Iran. clear program and move one step closer clear that Americans who are deeply As I said, it does not mandate any di- to helping diminish this major security concerned about the prospect of Ira- vestiture. It does protect State govern- threat to the Middle East and the rest nian nuclear power and other aspects ments from having their money put of the world. of Iranian governance, that they are where they don’t want it to be, and it With the recent revelation of the sec- able to act on those. In particular, this protects entities that do investments ond enrichment site, passage of this bill says that no one in this country from being sued if they were to give in legislation is imperative, and it is even ought involuntarily to have his or her to the moral argument that their funds more important than it has been in the money put to the support of the Ira- should not go for this or that country. past. nian economy. There are a couple of technical So I would urge immediate passage of It has two provisions. First, it would changes to the bill as introduced which H.R. 1327, Mr. Speaker. protect States which have decided to provide that the exceptions are very Mr. Speaker, I reserve the balance of divest from companies that are in- narrowly drafted just to this. It is, in my time. vested in Iranian energy operations fact, about the Iranian energy section, Mr. FRANK of Massachusetts. Mr. from being preempted by the Federal and I believe those in America who Speaker, I yield 3 minutes to the gen- Government. want to make these decisions should be tleman from Ohio (Mr. KUCINICH). The State of Massachusetts, my protected in doing so. Mr. KUCINICH. Mr. Speaker, I want home State, some years ago passed a I reserve the balance of my time. to thank the gentleman from Massa- bill saying not that no one in Massa- Mr. PAULSEN. Mr. Speaker, I also chusetts and express appreciation for chusetts could do business with rise today in strong support for H.R. his leadership. I seldom find myself in Myanmar, as the dictatorial rulers of 1327, the Iran Sanctions Enabling Act disagreement with the gentleman from that country now call what was once of 2009. The author of this legislation, Massachusetts, but I want to take ex- Burma; they said that they did not Chairman FRANK, deserves a great deal ception to this particular legislation. want State money, money from the of credit for helping shepherd this leg- In 1996, Congress passed the Iran- State of Massachusetts, to be involved islation through committee in a very Libya Sanctions Act, which sanctioned in ways that would be supportive of strong bipartisan basis and for his te- foreign investment in Iran’s energy that regime. The State Department nacious work in bringing it to the sector. There are those who have said challenged that on the grounds of Fed- House floor today in a bipartisan man- that there was not that much accom- eral supremacy in foreign policy, and ner. I also want to commend my col- plished from that particular sanction the Supreme Court upheld it. league from Illinois, who I know could act, and there are those who are saying What we do today is to say not that not be here today, Mr. KIRK, who also now that if we move forward with sanc- States can make foreign policy, but has been a champion of this legislation tions, that it will be actually under- that States have the right to control in the past. mining the business interests of people their own funds. The staff has given me Mr. Speaker, with the recent disclo- on the Security Council that the a list of about 20 States that have ensure of a second site for enriching ura- United States needs to work with to acted legislation to divest from Iran nium in Iran, our relations with that try to bring Iran into the international and several other States that have country continue to be at the forefront community in a way that promotes adopted policies of divesting from Iran. of U.S. foreign policy. The Iranian re- international security, and that would Part of this bill today protects those gime has made no secret of its ambi- be China and Russia. States which have made the decisions tions to acquire nuclear technology The fact is that U.S. policy towards by their own democratic processes while it continues to engage in human Iran for the last three decades has con- from having the Federal Government rights violations and suppressing dis- sisted of pressure primarily in eco- come in and say, no, we are the Federal sent. nomic sanctions, threats, and isola- Government, we are in charge of for- The U.S. can and should demand that tionism. eign policy, and you must continue to Iran take specific actions, concrete ac- invest in Iran. tions, in the near term. This legisla- b 1545 Secondly, we have had a movement tion today is going to help in that ef- While U.S. economic sanctions have of citizens that say to various invest- fort. The Iranian government will be hurt Iran’s economy, U.S. policy over ment vehicles, we do not want our more responsive if the United States the last 30 years has not created any money invested in Iran. What this says can isolate the regime and apply some meaningful change in the behavior of is that if people who are contributors distinct pressure that will help force the Iranian Government. On October

VerDate Nov 24 2008 03:03 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.036 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11194 CONGRESSIONAL RECORD — HOUSE October 13, 2009 1st, there was a change. For the first diplomatic outreach and the need for American citizens, American local and time in the recent past, high level dele- us to make sure that we can tighten State governments, and whether or not gations from Iran and the U.S. and the noose around Iran’s neck in the this leads to action will depend very other industrialized nations sat down event that those diplomatic efforts are much on future actions by the Govern- to diplomatic talks. There was signifi- not successful. ment of Iran. cant progress. Mr. PAULSEN. Mr. Speaker, in clos- Mr. MORAN of Kansas. Mr. Speaker, it is Among the steps forward was an ing for this side, I yield myself as much none too soon that the House is considering agreement by Iran to allow access by time as I may consume. what I hope will be the first of several pieces the International Atomic Energy Agen- Mr. Speaker, at the end of last of legislation to sanction Iran for its illegal nu- cy to the recently revealed planned en- month, Iran finally got around to noti- clear program. richment facility. Yet, with signs of fying the United Nations International Despite Iran’s agreement on October 1 to progress in these highly sensitive Atomic Energy Agency of a previously allow IAEA inspectors to visit its newly dis- talks, we’re proposing to set the stage undisclosed nuclear enrichment facil- closed nuclear site near Qom, the regime con- to punish Iran. I think we should be ity located on a military base. This ad- tinues to enrich uranium. Iran grows more and doing everything we can to ensure that ditional enrichment facility will allow more dangerous each day enrichment is al- diplomacy and that President Obama’s Iran to make more enriched uranium lowed to continue. A nuclear-armed Iran is an efforts here succeed. and make it faster. existential threat to Israel; would threaten the I think when we talk about sanc- Now, what this means is that pre- safety of American troops in the region; would tions, we’re saying sanctions before the vious estimates on when Iran could po- likely embolden terrorist groups Hamas and talks, sanctions before any hope for tentially achieve a nuclear weapons Hezbollah; and could lead to a dangerous nu- agreements. I don’t think the sanctions breakout are now inaccurate and unre- clear arms race in the Middle East. We must are going to help with the talks. I don’t liable. What is especially disconcerting not allow this to happen. think sanctions are going to assist us to many of us in Congress is that this I strongly support the legislation before us in our efforts to try to bring Iran into is supposed to be a civilian facility but today. H.R. 1327, the Iran Sanctions Enabling a new position in the world commu- it’s located on a military base. This Act, would allow state and local governments nity. raises quite a few red flags, and we to divest the assets of their pension funds and I reluctantly oppose this bill, and I’m must make sure and not allow the Ira- any other funds under their control from com- hopeful that our nuclear posture re- nian regime to buy even more time. panies investing $20 million or more in Iran’s view will come to an understanding Finally, Mr. Speaker, this is another energy sector. By allowing states and local that the United States cannot be in a violation of Iran’s obligation under the governments to withdraw their investments in position of picking nuclear winners and Nuclear Nonproliferation Treaty, companies doing business in Iran, we can in- losers. Ultimately, we are going to which requires all members to declare crease pressure on the Iranian regime to have to get everyone involved in nu- all nuclear facilities and allow inspec- change course and abandon its pursuit of nuclear abolition. tion. clear weapons. Only when Iran feels pres- Mr. PAULSEN. Mr. Speaker, I re- Mr. Speaker, it is high time we begin sured, is it likely to make concessions. serve the balance of my time. to act on the threat of a nuclear Iran Unfortunately, the leaders of Iran seem to Mr. FRANK of Massachusetts. Mr. by demanding action, and the Iran feel fairly secure despite all the talk of tough sanctions. On Friday, October 9, Ayatollah Speaker, I yield 3 minutes to an active Sanctions Enabling Act is one more Ahmad Khatami, a member of Iran’s Assembly supporter of this administration and a tool in the toolbox, an important step of Experts, said the October 1 talks between strong approach towards Iran, the gen- in moving that direction forward. I ask Iran, the U.S. and other world powers were a tlewoman from Florida (Ms. for its passage, and I commend the ‘‘great victory’’ for Iran, suggesting Iran had WASSERMAN SCHULTZ). leadership again of the chairman for Ms. WASSERMAN SCHULTZ. I been successful in putting off any sanctions. moving this bill in a bipartisan manner By passing this legislation today, though, thank the gentleman in support of the forward. Congress can send Iran a clear and powerful resolution. Mr. Speaker, I yield back the balance message. While the President and other world I rise today, Mr. Speaker, in support of my time. leaders gauge whether Iran is truly serious of H.R. 1327, the Iran Sanctions Ena- Mr. FRANK of Massachusetts. Mr. about complying with its obligations, Congress bling Act of 2009, which aims to put a Speaker, I yield myself such time as I will back the negotiations with sanctions to stop to Iran’s pursuit of nuclear weap- may consume to make one final point. show Iran that it must act in good faith and not ons. It cannot be overstated. A nuclear It is the fantasy of the President of delay as it usually does. armed Iran is an urgent and deadly Iran, among many fantasies, most of Passage of this legislation is important, but threat to peace and stability in the them malign, that somehow it’s the it is only the beginning of what needs to be Middle East and at home. American Government that’s been op- done to address the Iranian nuclear threat. The anti-Western rhetoric of Iranian posed to them and that the broad reach Congress must pass additional legislation, in- President Ahmadinejad has only inten- of the American people would be more cluding H.R. 2194, the Iran Refined Petroleum sified in recent years. His regime sup- sympathetic. The important point to Sanctions Act, to put sufficient pressure on ports terrorism in all its forms, a trav- stress here is that this bill does not do Iran to fully suspend all enrichment and work esty worsened by the fact that Iran anything at the Federal level. This bill on its nuclear program. continues to pursue nuclear weapons empowers State governments and pri- No government that calls for the complete against the will of the international vate citizens to give vent to their own destruction of another should be allowed to community. If Iran continues its plans understandable extreme dislike and have nuclear weapons. The Iran Sanctions for nuclear buildup, we can expect that fear of the Iranian Government. Enabling Act is a first step to take in order to nuclear proliferation will increase So let’s be very clear. This is a bill prevent Iran’s leaders from acquiring the throughout the region and around the that will have effect to the extent that means to do what they say they will. globe. That is why it is critical for the activities of the Iranian Govern- Mr. BERMAN. Mr. Speaker, I rise in strong Congress to pass the Iran Sanctions ment increase the revulsion many support of H.R. 1327, the Iran Sanctions Ena- Enabling Act. Americans feel at those actions; not at bling Act of 2009, and I commend my friend This legislation would authorize the people of Iran, but at the Govern- Mr. FRANK for his leadership on this important State and local governments to divest ment of Iran. If, in fact, some of the issue. from companies investing in Iran’s pe- hopeful signs were to look better, then This bill will allow state and local govern- troleum and natural gas sector. With this bill will not have much of an im- ments and educational institutions to divest Tehran importing nearly 40 percent of pact. from companies that invest $20 million or its gas and diesel needs, this legislation So, to the great extent, whether or more in Iran’s energy sector. I am hopeful that would have a dramatic effect on Iran’s not this bill has a real impact will de- the threat of divestment will persuade compa- economy and is an important step for- pend very much on what the Iranians nies not to do business with Iran, and that this ward in convincing Iran to suspend its do. And so I appreciate the cooperation additional economic pressure will help deter nuclear program. It strikes a careful we’ve gotten on both sides. And I stress Iran from pursuing a nuclear weapons capa- balance between the administration’s again, this is a bill that empowers bility or supporting terrorism.

VerDate Nov 24 2008 03:03 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\K13OC7.038 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11195 Several states and localities have already Iran has not only threatened the very exist- Mr. FRANK of Massachusetts. Mr. begun the process of divestment, and I expect ence of the one true democracy in the Middle Speaker, on that I demand the yeas that a divestment bill will soon be introduced East, but encourages other hostile govern- and nays. in the state legislature in my home state of ments to do the same through a complex net- The yeas and nays were ordered. California. The legislation before us, H.R. work of nuclear and arms cooperation. The SPEAKER pro tempore. Pursu- 1327, will provide federal legal protection for Given these facts and undoubtedly an im- ant to clause 8 of rule XX and the these actions, allowing them, in the case of measurable amount of undisclosed informa- Chair’s prior announcement, further Iran, to place their moral sensibilities ahead of tion, the United States finds itself at a cross- proceedings on this motion will be their fiduciary responsibilities. As such, this is roads. postponed. not a sanctions bill per se—it creates no new Negotiations with the Iranians will conclude f sanctions on Iran or on companies that invest in Vienna on October 19. in Iran. But, recent revelations of a previously undis- CONFERENCE REPORT ON H.R. 2892, The reasons that states and localities divest closed nuclear facility, not to mention the in- DEPARTMENT OF HOMELAND SE- may vary—whether in response to Iran’s pur- creasingly atrocious treatment of opposition CURITY APPROPRIATIONS ACT, suit of nuclear weapons, its support for ter- supporters, have illustrated that unfortunately, 2010 rorism, its abysmal disregard for human rights, Iran has already failed the test and it is time Mr. PRICE of North Carolina (during or its fraudulent elections and their brutal for Plan B. consideration of H.R. 1327) submitted aftermath. The timing of this bill, just a few For this reason, I commend the House on the following conference report and short months after the elections and the sub- the passage of the Iran Sanctions Act, H.R. statement on the bill (H.R. 2892) mak- sequent crackdown—and in the midst of the 1327, a bill which I am a proud cosponsor of. ing appropriations for the Department ongoing crisis of regime legitimacy—certainly The future of nuclear nonproliferation, inter- of Homeland Security for the fiscal makes it an appropriate response to those national security and the well-being of young year ending September 30, 2010, and for ugly events. Iranians lies in the administration’s ability to other purposes: I strongly support this legislation, and I urge steer Iran away from it dangerous ambitions. all my colleagues to do likewise. Fortunately, H.R. 1327 opens the door to CONFERENCE REPORT (H. REPT. 111–298) Mr. VAN HOLLEN. Mr. Speaker, earlier this this diversion by uniquely complementing the The committee of conference on the dis- month, Iran admitted the existence of a secret administration’s forward-thinking strategy of agreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 2892), mak- enrichment facility in the holy city of Qom. dialogue with strict credit sanctions. This development has set in motion a re- ing appropriations for the Department of Home- Sans sanctions, engagement can be and land Security for the fiscal year ending Sep- newed commitment on the part of the inter- historically has been manipulated by Iran as a national community to pursue more aggressive tember 30, 2010, and for other purposes, having mere tactic for delay. met, after full and free conference, have agreed penalties against Iran for its nuclear enrich- Without the foreign capital investments to to recommend and do recommend to their respec- ment activities. Today, as Secretary of State modernize its petroleum infrastructure, tive Houses as follows: Hilary Clinton arrives in Moscow to solicit Rus- Ahmadinejad will soon have no choice but to That the House recede from its disagreement sian support for more stringent sanctions change course. to the amendment of the Senate and agree to the against Iran, the U.S. House of Representa- same with an amendment as follows: I would like to conclude by noting that Iran’s In lieu of the matter proposed to be inserted tives considers legislation that will enable ordi- deficient refining capacity calls for targeted nary Americans to express their opposition to by the Senate amendment, insert the following: sanctions on refined petroleum and increased That the following sums are appropriated, out Iran’s illegal nuclear activities. international cooperation to enforce these The Iran Sanctions Enabling Act of 2009 of any money in the Treasury not otherwise ap- measures with our partners in the EU, Russia propriated, for the Department of Homeland Se- helps to weaken Iran’s vital petroleum industry and China. curity for the fiscal year ending September 30, by cutting off its access to global investment. The threat from Iran demands an effective 2010, and for other purposes, namely: The legislation enables State and local gov- policy response—and our European allies are TITLE I ernments to divest from entities that invest more than $20 million in Iran’s energy sector. well-placed to formulate one. DEPARTMENTAL MANAGEMENT AND Germany, for example, has already taken OPERATIONS Though Iran possesses large oil reserves, it has little refining capacity and the lack of re- notable steps to reduce its business with Iran. OFFICE OF THE SECRETARY AND EXECUTIVE But despite a 90 percent decline between MANAGEMENT fined petroleum products has often been a 2006 and 2008 in the German Government’s source of tension between its government and For necessary expenses of the Office of the issuance of export credit guarantees to Iran, Secretary of Homeland Security, as authorized its people. exports to Iran have increased. by section 102 of the Homeland Security Act of It is clear that arresting Iran’s illegal nuclear 2002 (6 U.S.C. 112), and executive management enrichment program will require a comprehen- These sorts of disturbing trends coupled with Iran’s thriving black market, underpin the of the Department of Homeland Security, as au- sive approach that targets Iran’s important en- thorized by law, $147,818,000: Provided, That ergy sector, truncates its access to the global premise that more must be done to curtail for- not to exceed $60,000 shall be for official recep- financial system and engages its people. This eign investment and ultimately, Iran’s nuclear tion and representation expenses, of which legislation can help to achieve these goals. I weapons pursuit. $20,000 shall be made available to the Office of encourage my colleagues to join me in sup- Mr. Speaker, I look forward to working with Policy solely to host Visa Waiver Program nego- port of this bill. both my colleagues in the House and the For- tiations in Washington, DC: Provided further, That $15,000,000 shall not be available for obli- Mr. MCMAHON. Mr. Speaker, Iran’s nuclear eign Affairs Committee to increase the administration’s options when dealing with Iran. gation for the Office of Policy until the Sec- program has been an issue of serious concern retary submits an expenditure plan for the Of- for the international community since the Is- Once again, the passage of the Iran Sanc- tions Act is a momentous step towards not fice of Policy for fiscal year 2010: Provided fur- lamic Revolution of 1979. ther, That all official costs associated with the Since that time, Iran has been steadily ad- only effectively dealing with Iran, but towards use of government aircraft by Department of vancing towards the nuclear threshold nec- replacing a troubling network of nuclear co- Homeland Security personnel to support official essary to develop nuclear weaponry. operation with a newfound movement towards travel of the Secretary and the Deputy Sec- Ahmadinejad already has 8,000 centrifuges international cooperation for the sake of world retary shall be paid from amounts made avail- that have produced enough uranium to build peace. able for the Immediate Office of the Secretary two nuclear weapons and the International Mr. FRANK of Massachusetts. I yield and the Immediate Office of the Deputy Sec- retary. Atomic Energy Agency, IAEA, has evidence of back the balance of my time. an Iranian uranium enrichment program cou- The SPEAKER pro tempore. The OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT pled with explosives testing and development question is on the motion offered by of devices to fire nuclear weapons. the gentleman from Massachusetts For necessary expenses of the Office of the Furthermore, every day Iran’s nuclear stock- (Mr. FRANK) that the House suspend Under Secretary for Management, as authorized by sections 701 through 705 of the Homeland Se- 1 the rules and pass the bill, H.R. 1327, as pile grows by 4 ⁄2 pounds. curity Act of 2002 (6 U.S.C. 341 through 345), It would be an absolute disaster for the amended. $254,190,000, of which not less than $1,000,000 United States and its allies if Iran enriched The question was taken. shall be for logistics training; and of which not uranium even further. The SPEAKER pro tempore. In the to exceed $3,000 shall be for official reception Israel, in particular, sees the face of Iran’s opinion of the Chair, two-thirds being and representation expenses: Provided, That of blind aggression every day. in the affirmative, the ayes have it. the total amount made available under this

VerDate Nov 24 2008 03:03 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 6333 E:\CR\FM\A13OC7.016 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11196 CONGRESSIONAL RECORD — HOUSE October 13, 2009 heading, $5,500,000 shall remain available until Sharing Operation or any follow-on entity pur- the results to date and plans for the program expended solely for the alteration and improve- suant to section 503 of this Act. from the Department of Homeland Security. ment of facilities, tenant improvements, and re- OFFICE OF THE FEDERAL COORDINATOR FOR BORDER SECURITY FENCING, INFRASTRUCTURE, location costs to consolidate Department head- GULF COAST REBUILDING AND TECHNOLOGY quarters operations at the Nebraska Avenue For necessary expenses of the Office of the For expenses for border security fencing, in- Complex; and $17,131,000 shall remain available Federal Coordinator for Gulf Coast Rebuilding, frastructure, and technology, $800,000,000, to re- until expended for the Human Resources Infor- $2,000,000. main available until expended: Provided, That mation Technology program. OFFICE OF INSPECTOR GENERAL of the total amount made available under this OFFICE OF THE CHIEF FINANCIAL OFFICER For necessary expenses of the Office of In- heading, $75,000,000 shall not be obligated until For necessary expenses of the Office of the spector General in carrying out the provisions of the Committees on Appropriations of the Senate Chief Financial Officer, as authorized by sec- the Inspector General Act of 1978 (5 U.S.C. and the House of Representatives receive and tion 103 of the Homeland Security Act of 2002 (6 App.), $113,874,000, of which not to exceed approve a plan for expenditure, prepared by the U.S.C. 113), $60,530,000, of which $11,000,000 $150,000 may be used for certain confidential Secretary of Homeland Security, reviewed by the shall remain available until expended for finan- operational expenses, including the payment of Government Accountability Office, and sub- cial systems consolidation efforts: Provided, informants, to be expended at the direction of mitted not later than 90 days after the date of That of the total amount made available under the Inspector General. the enactment of this Act, for a program to es- this heading, $5,000,000 shall not be obligated tablish and maintain a security barrier along TITLE II until the Chief Financial Officer or an indi- the borders of the United States, of fencing and vidual acting in such capacity submits a finan- SECURITY, ENFORCEMENT, AND vehicle barriers where practicable, and of other cial management improvement plan that ad- INVESTIGATIONS forms of tactical infrastructure and technology, dresses the recommendations outlined in the De- U.S. CUSTOMS AND BORDER PROTECTION that includes— partment of Homeland Security Office of Inspec- SALARIES AND EXPENSES (1) a detailed accounting of the program’s im- tor General report OIG–09–72, including yearly For necessary expenses for enforcement of plementation to date for all investments, includ- measurable milestones, to the Committees on Ap- laws relating to border security, immigration, ing technology and tactical infrastructure, for propriations of the Senate and the House of customs, agricultural inspections and regulatory funding already expended relative to system ca- Representatives: Provided further, That the activities related to plant and animal imports, pabilities or services, system performance levels, plan described in the preceding proviso shall be and transportation of unaccompanied minor mission benefits and outcomes, milestones, cost submitted not later than January 4, 2010. aliens; purchase and lease of up to 4,500 (4,000 targets, program management capabilities, iden- OFFICE OF THE CHIEF INFORMATION OFFICER for replacement only) police-type vehicles; and tification of the maximum investment, including For necessary expenses of the Office of the contracting with individuals for personal serv- life-cycle costs, related to the Secure Border Ini- Chief Information Officer, as authorized by sec- ices abroad; $8,064,713,000, of which $3,226,000 tiative program or any successor program, and tion 103 of the Homeland Security Act of 2002 (6 shall be derived from the Harbor Maintenance description of the methodology used to obtain U.S.C. 113), and Department-wide technology Trust Fund for administrative expenses related these cost figures; investments, $338,393,000; of which $86,912,000 to the collection of the Harbor Maintenance Fee (2) a description of how specific projects will shall be available for salaries and expenses; and pursuant to section 9505(c)(3) of the Internal further the objectives of the Secure Border Ini- of which $251,481,000, to remain available until Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and tiative, as defined in the Department of Home- expended, shall be available for development notwithstanding section 1511(e)(1) of the Home- land Security Secure Border Plan, and how the and acquisition of information technology land Security Act of 2002 (6 U.S.C. 551(e)(1)); of expenditure plan allocates funding to the high- equipment, software, services, and related ac- which not to exceed $45,000 shall be for official est priority border security needs; (3) an explicit plan of action defining how all tivities for the Department of Homeland Secu- reception and representation expenses; of which funds are to be obligated to meet future program rity: Provided, That of the total amount appro- not less than $309,629,000 shall be for Air and commitments, with the planned expenditure of priated, not less than $82,788,000 shall be avail- Marine Operations; of which such sums as be- funds linked to the milestone-based delivery of able for data center development, of which not come available in the Customs User Fee Ac- specific capabilities, services, performance lev- less than $38,540,145 shall be available for power count, except sums subject to section 13031(f)(3) els, mission benefits and outcomes, and program capabilities upgrades at Data Center One (Na- of the Consolidated Omnibus Budget Reconcili- management capabilities; tional Center for Critical Information Proc- ation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be (4) an identification of staffing, including essing and Storage): Provided further, That the derived from that account; of which not to ex- full-time equivalents, contractors, and detailees, Chief Information Officer shall submit to the ceed $150,000 shall be available for payment for by program office; Committees on Appropriations of the Senate and rental space in connection with preclearance (5) a description of how the plan addresses se- the House of Representatives, not more than 60 operations; of which not to exceed $1,000,000 curity needs at the Northern border and ports of days after the date of enactment of this Act, an shall be for awards of compensation to inform- entry, including infrastructure, technology, de- expenditure plan for all information technology ants, to be accounted for solely under the cer- sign and operations requirements, specific loca- acquisition projects that: (1) are funded under tificate of the Secretary of Homeland Security; tions where funding would be used, and prior- this heading; or (2) are funded by multiple com- and of which not more than $800,000 shall be for ities for Northern border activities; ponents of the Department of Homeland Secu- procurement of portable solar charging re- (6) a report on budget, obligations and ex- rity through reimbursable agreements: Provided chargeable battery systems: Provided, That for penditures, the activities completed, and the further, That such expenditure plan shall in- fiscal year 2010, the overtime limitation pre- progress made by the program in terms of ob- clude each specific project funded, key mile- scribed in section 5(c)(1) of the Act of February taining operational control of the entire border stones, all funding sources for each project, de- 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; of the United States; tails of annual and lifecycle costs, and projected and notwithstanding any other provision of (7) a listing of all open Government Account- cost savings or cost avoidance to be achieved by law, none of the funds appropriated by this Act ability Office and Office of Inspector General the project. may be available to compensate any employee of recommendations related to the program and the U.S. Customs and Border Protection for over- ANALYSIS AND OPERATIONS status of Department of Homeland Security ac- time, from whatever source, in an amount that For necessary expenses for intelligence anal- tions to address the recommendations, including exceeds such limitation, except in individual ysis and operations coordination activities, as milestones to fully address such recommenda- cases determined by the Secretary of Homeland authorized by title II of the Homeland Security tions; Security, or the designee of the Secretary, to be Act of 2002 (6 U.S.C. 121 et seq.), $335,030,000, of (8) a certification by the Chief Procurement necessary for national security purposes, to pre- which not to exceed $5,000 shall be for official Officer of the Department including all sup- vent excessive costs, or in cases of immigration reception and representation expenses; and of porting documents or memoranda, and docu- emergencies: Provided further, That of the total which $190,862,000 shall remain available until mentation and a description of the investment amount provided, $1,700,000 shall remain avail- September 30, 2011: Provided, That none of the review processes used to obtain such certifi- able until September 30, 2011, for the Global Ad- funds provided in this or any other Act shall be cations, that— vanced Passenger Information/Passenger Name available to commence operations of the Na- (A) the program has been reviewed and ap- Record Program. tional Immigration Information Sharing Oper- proved in accordance with the investment man- ation or any follow-on entity until the Secretary AUTOMATION MODERNIZATION agement process of the Department, and that certifies that such program complies with all ex- For expenses for U.S. Customs and Border the process fulfills all capital planning and in- isting laws, including all applicable privacy and Protection automated systems, $422,445,000, to vestment control requirements and reviews es- civil liberties standards, the Comptroller General remain available until expended, of which not tablished by the Office of Management and of the United States notifies the Committees on less than $227,960,000 shall be for the develop- Budget, including as provided in Circular A–11, Appropriations of the Senate and the House of ment of the Automated Commercial Environ- part 7; Representatives and the Secretary that the ment: Provided, That of the total amount made (B) the plans for the program comply with the Comptroller has reviewed such certification, and available under this heading, $50,000,000 may Federal acquisition rules, requirements, guide- the Secretary notifies the Committees on Appro- not be obligated for the Automated Commercial lines, and practices, and a description of the ac- priations of the Senate and the House of Rep- Environment program until 30 days after the tions being taken to address areas of non-com- resentatives of all funds to be expended on oper- Committees on Appropriations of the Senate and pliance, the risks associated with such actions, ations of the National Immigration Information the House of Representatives receive a report on together with any plans for addressing these

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risks, and the status of the implementation of AIR AND MARINE INTERDICTION, OPERATIONS, the designee of the Secretary, may waive that such actions; and MAINTENANCE, AND PROCUREMENT amount as necessary for national security pur- (C) procedures to prevent conflicts of interest For necessary expenses for the operations, poses and in cases of immigration emergencies: between the prime integrator and major sub- maintenance, and procurement of marine ves- Provided further, That of the total amount pro- contractors are established and that the Secure sels, aircraft, unmanned aircraft systems, and vided, $15,770,000 shall be for activities in fiscal Border Initiative Program Office has adequate other related equipment of the air and marine year 2010 to enforce laws against forced child staff and resources to effectively manage the Se- program, including operational training and labor, of which not to exceed $6,000,000 shall re- cure Border Initiative program and all contracts mission-related travel, and rental payments for main available until expended: Provided fur- under such program, including the exercise of facilities occupied by the air or marine interdic- ther, That of the total amount available, not technical oversight; tion and demand reduction programs, the oper- less than $1,500,000,000 shall be available to ations of which include the following: the inter- identify aliens convicted of a crime who may be (9) a certification by the Chief Information deportable, and to remove them from the United Officer of the Department including all sup- diction of narcotics and other goods; the provision of support to Federal, State, and local States once they are judged deportable, of which porting documents or memoranda, and docu- $200,000,000 shall remain available until Sep- mentation and a description of the investment agencies in the enforcement or administration of laws enforced by the Department of Homeland tember 30, 2011: Provided further, That the Sec- review processes used to obtain such certifi- retary, or the designee of the Secretary, shall re- cations that— Security; and at the discretion of the Secretary of Homeland Security, the provision of assist- port to the Committees on Appropriations of the (A) the system architecture of the program has ance to Federal, State, and local agencies in Senate and the House of Representatives, not been determined to be sufficiently aligned with other law enforcement and emergency humani- later than 45 days after the end of each quarter the information systems enterprise architecture tarian efforts, $519,826,000, to remain available of the fiscal year, on progress in implementing of the Department to minimize future rework, until expended: Provided, That no aircraft or the preceding proviso and the funds obligated including a description of all aspects of the ar- other related equipment, with the exception of during that quarter to make that progress: Pro- chitectures that were or were not assessed in aircraft that are one of a kind and have been vided further, That the Secretary shall prioritize making the alignment determination, the date of identified as excess to U.S. Customs and Border the identification and removal of aliens con- the alignment determination, and any known Protection requirements and aircraft that have victed of a crime by the severity of that crime: areas of misalignment together with the associ- been damaged beyond repair, shall be trans- Provided further, That funding made available ated risks and corrective actions to address any ferred to any other Federal agency, department, under this heading shall maintain a level of not such areas; or office outside of the Department of Homeland less than 33,400 detention beds through Sep- (B) the program has a risk management proc- Security during fiscal year 2010 without the tember 30, 2010: Provided further, That of the ess that regularly and proactively identifies, prior approval of the Committees on Appropria- total amount provided, not less than evaluates, mitigates, and monitors risks tions of the Senate and the House of Represent- $2,545,180,000 is for detention and removal oper- throughout the system life-cycle and commu- atives. ations, including transportation of unaccompanied minor aliens: Provided further, That of nicates high-risk conditions to U.S. Customs CONSTRUCTION AND FACILITIES MANAGEMENT and Border Protection and Department of the total amount provided, $7,300,000 shall re- For necessary expenses to plan, construct, Homeland Security investment decision-makers, main available until September 30, 2011, for the renovate, equip, and maintain buildings and fa- as well as a listing of all the program’s high Visa Security Program: Provided further, That cilities necessary for the administration and en- risks and the status of efforts to address such none of the funds provided under this heading forcement of the laws relating to customs, immi- risks; and may be used to continue a delegation of law en- gration, and border security, $319,570,000, to re- forcement authority authorized under section (C) an independent verification and valida- main available until expended; of which 287(g) of the Immigration and Nationality Act (8 tion agent is currently under contract for the $39,700,000 shall be for constructing and equip- U.S.C. 1357(g)) if the Department of Homeland projects funded under this heading; ping the Advanced Training Center; and of Security Inspector General determines that the (10) a certification by the Chief Human Cap- which not more than $3,500,000 shall be for ac- terms of the agreement governing the delegation ital Officer of the Department that the human quisition, design, and construction of U.S. Cus- of authority have been violated: Provided fur- capital needs of the Secure Border Initiative toms and Border Protection Air and Marine father, That none of the funds provided under program are being addressed so as to ensure cilities at El Paso International Airport, Texas: this heading may be used to continue any con- adequate staff and resources to effectively man- Provided, That for fiscal year 2011 and there- tract for the provision of detention services if age the Secure Border Initiative; and after, the annual budget submission of U.S. the two most recent overall performance evalua- (11) an analysis by the Secretary for each seg- Customs and Border Protection for ‘‘Construc- tions received by the contracted facility are less ment, defined as not more than 15 miles, of fenc- tion and Facilities Management’’ shall, in con- than ‘‘adequate’’ or the equivalent median score ing or tactical infrastructure, of the selected ap- sultation with the General Services Administra- in any subsequent performance evaluation sys- proach compared to other, alternative means of tion, include a detailed 5-year plan for all Fed- tem: Provided further, That nothing under this achieving operational control, including cost, eral land border port of entry projects with a heading shall prevent U.S. Immigation and Cus- level of operational control, possible unintended yearly update of total projected future funding toms Enforcement from exercising those authori- effects on communities, and other factors crit- needs delineated by land port of entry. ties provided under immigration laws (as de- ical to the decisionmaking process: U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT fined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) dur- Provided further, That the Secretary shall re- SALARIES AND EXPENSES ing priority operations pertaining to aliens con- port to the Committees on Appropriations of the For necessary expenses for enforcement of im- victed of a crime: Provided further, That none Senate and the House of Representatives on the migration and customs laws, detention and re- of the funds provided under this heading may progress of the program, and obligations and ex- movals, and investigations; and purchase and be obligated to collocate field offices of U.S. Im- penditures for all outstanding task orders, as lease of up to 3,790 (2,350 for replacement only) migration and Customs Enforcement until the well as specific objectives to be achieved through police-type vehicles; $5,342,134,000, of which not Secretary of Homeland Security submits to the the award of current and remaining task orders to exceed $7,500,000 shall be available until ex- Committees on Appropriations of the Senate and planned for the balance of available appropria- pended for conducting special operations under the House of Representatives a plan for the nations, at least 15 days before the award of any section 3131 of the Customs Enforcement Act of tionwide implementation of the Alternatives to task order requiring an obligation of funds in 1986 (19 U.S.C. 2081); of which not to exceed Detention Program that identifies: (1) the funds an amount greater than $25,000,000 and before $15,000 shall be for official reception and rep- required for nationwide program implementa- the award of a task order that would cause cu- resentation expenses; of which not to exceed tion; (2) the timeframe for achieving nationwide mulative obligations of funds to exceed 50 per- $1,000,000 shall be for awards of compensation program implementation; and (3) an estimate of cent of the total amount appropriated: Provided to informants, to be accounted for solely under the number of individuals who could be enrolled further, That none of the funds made available the certificate of the Secretary of Homeland Se- in a nationwide program. under this heading may be obligated unless the curity; of which not less than $305,000 shall be Department has complied with section for promotion of public awareness of the child AUTOMATION MODERNIZATION 102(b)(1)(C)(i) of the Illegal Immigration Reform pornography tipline and anti-child exploitation (INCLUDING TRANSFER OF FUNDS) and Immigrant Responsibility Act of 1996 (8 activities; of which not less than $5,400,000 shall For expenses of immigration and customs en- U.S.C. 1103 note), and the Secretary certifies be used to facilitate agreements consistent with forcement automated systems, $90,000,000, to re- such to the Committees on Appropriations of the section 287(g) of the Immigration and Nation- main available until expended: Provided, That Senate and the House of Representatives: Pro- ality Act (8 U.S.C. 1357(g)); and of which not to of the funds made available under this heading, vided further, That none of the funds made exceed $11,216,000 shall be available to fund or $10,000,000 shall not be obligated until the Com- available under this heading may be obligated reimburse other Federal agencies for the costs mittees on Appropriations of the Senate and the for any project or activity for which the Sec- associated with the care, maintenance, and re- House of Representatives receive an expenditure retary has exercised waiver authority pursuant patriation of smuggled aliens unlawfully plan prepared by the Secretary of Homeland Se- to section 102(c) of the Illegal Immigration Re- present in the United States: Provided, That curity: Provided further, That of the total form and Immigrant Responsibility Act of 1996 none of the funds made available under this amount provided under this heading, up to (8 U.S.C. 1103 note) until 15 days have elapsed heading shall be available to compensate any $10,000,000 may be transferred to U.S. Immigra- from the date of the publication of the decision employee for overtime in an annual amount in tion and Customs Enforcement ‘‘Salaries and in the Federal Register. excess of $35,000, except that the Secretary, or Expenses’’ account for data center migration.

VerDate Nov 24 2008 03:03 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 6333 E:\CR\FM\A13OC7.021 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11198 CONGRESSIONAL RECORD — HOUSE October 13, 2009

CONSTRUCTION TRANSPORTATION THREAT ASSESSMENT AND 2015 are received by the Committees on Appro- For necessary expenses to plan, construct, CREDENTIALING priations of the Senate and the House of Rep- renovate, equip, and maintain buildings and fa- For necessary expenses for the development resentatives: Provided further, That funds made cilities necessary for the administration and en- and implementation of screening programs of available under this heading for overseas de- forcement of the laws relating to customs and the Office of Transportation Threat Assessment ployments and other activities pursuant to sec- immigration, $4,818,000, to remain available and Credentialing, $171,999,000, to remain avail- tions 401(c)(4) and 423(a)(1) of S. Con. Res. 13 until expended: Provided, That none of the able until September 30, 2011. (111th Congress), the concurrent resolution on funds made available in this Act may be used to TRANSPORTATION SECURITY SUPPORT the budget for fiscal year 2010, may be allocated by program, project, and activity, notwith- solicit or consider any request to privatize facili- For necessary expenses of the Transportation standing section 503 of this Act. ties currently owned by the United States Gov- Security Administration related to providing ernment and used to detain aliens unlawfully transportation security support and intelligence ENVIRONMENTAL COMPLIANCE AND RESTORATION present in the United States until the Commit- pursuant to the Aviation and Transportation For necessary expenses to carry out the envi- tees on Appropriations of the Senate and the Security Act (Public Law 107–71; 115 Stat. 597; ronmental compliance and restoration functions House of Representatives receive a plan for car- 49 U.S.C. 40101 note), $1,001,780,000, to remain of the Coast Guard under chapter 19 of title 14, rying out that privatization. available until September 30, 2011: Provided, United States Code, $13,198,000, to remain avail- TRANSPORTATION SECURITY ADMINISTRATION That of the funds appropriated under this head- able until expended. ing, $20,000,000 may not be obligated for head- RESERVE TRAINING AVIATION SECURITY quarters administration until the Secretary of For necessary expenses of the Coast Guard For necessary expenses of the Transportation Homeland Security submits to the Committees on Reserve, as authorized by law; operations and Security Administration related to providing Appropriations of the Senate and the House of maintenance of the reserve program; personnel civil aviation security services pursuant to the Representatives detailed expenditure plans for and training costs; and equipment and services; Aviation and Transportation Security Act (Pub- air cargo security, and for checkpoint support $133,632,000. lic Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 and explosives detection systems refurbishment, ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS note), $5,214,040,000, to remain available until procurement, and installations on an airport- September 30, 2011, of which not to exceed by-airport basis for fiscal year 2010: Provided For necessary expenses of acquisition, con- $10,000 shall be for official reception and rep- further, That these plans shall be submitted no struction, renovation, and improvement of aids resentation expenses: Provided, That of the total later than 60 days after the date of enactment of to navigation, shore facilities, vessels, and air- amount made available under this heading, not this Act. craft, including equipment related thereto; and to exceed $4,358,076,000 shall be for screening op- FEDERAL AIR MARSHALS maintenance, rehabilitation, lease and operation of facilities and equipment, as authorized erations, of which $1,116,406,000 shall be avail- For necessary expenses of the Federal Air by law; $1,537,080,000, of which $20,000,000 shall able for explosives detection systems; and not to Marshals, $860,111,000. exceed $855,964,000 shall be for aviation security be derived from the Oil Spill Liability Trust COAST GUARD direction and enforcement: Provided further, Fund to carry out the purposes of section That of the amount made available in the pre- OPERATING EXPENSES 1012(a)(5) of the Oil Pollution Act of 1990 (33 ceding proviso for explosives detection systems, For necessary expenses for the operation and U.S.C. 2712(a)(5)); of which $121,000,000 shall be $778,300,000 shall be available for the purchase maintenance of the Coast Guard, not otherwise available until September 30, 2014, to acquire, and installation of these systems, of which not provided for; purchase or lease of not to exceed repair, renovate, or improve vessels, small boats, less than 28 percent shall be available for the 25 passenger motor vehicles, which shall be for and related equipment; of which $129,500,000 purchase and installation of certified explosives replacement only; purchase or lease of small shall be available until September 30, 2012, for detection systems at medium- and small-sized boats for contingent and emergent requirements other equipment; of which $27,100,000 shall be airports: Provided further, That any award to (at a unit cost of no more than $700,000) and re- available until September 30, 2012, for shore fa- deploy explosives detection systems shall be pairs and service-life replacements, not to ex- cilities and aids to navigation facilities, includ- based on risk, the airport’s current reliance on ceed a total of $26,000,000; minor shore construc- ing not less than $300,000 for the Coast Guard other screening solutions, lobby congestion re- tion projects not exceeding $1,000,000 in total Academy Pier and not less than $16,800,000 for sulting in increased security concerns, high in- cost at any location; payments pursuant to sec- Coast Guard Station Cleveland Harbor; of jury rates, airport readiness, and increased cost tion 156 of Public Law 97–377 (42 U.S.C. 402 which $105,200,000 shall be available for per- effectiveness: Provided further, That of the total note; 96 Stat. 1920); and recreation and welfare; sonnel compensation and benefits and related amount provided, $1,250,000 shall be made avail- $6,805,391,000, of which $581,503,000 shall be for costs; and of which $1,154,280,000 shall be available for Safe Skies Alliance to develop and en- defense-related activities, of which $241,503,000 able until September 30, 2014, for the Integrated hance research and training capabilities for is designated as being for overseas deployments Deepwater Systems program: Provided, That of Transportation Security Officer improvised ex- and other activities pursuant to sections the funds made available for the Integrated plosive recognition training: Provided further, 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Deepwater Systems program, $269,000,000 is for That security service fees authorized under sec- Congress), the concurrent resolution on the aircraft and $730,680,000 is for surface ships: tion 44940 of title 49, United States Code, shall budget for fiscal year 2010; of which $24,500,000 Provided further, That the Secretary of Home- be credited to this appropriation as offsetting shall be derived from the Oil Spill Liability land Security shall submit to the Committees on collections and shall be available only for avia- Trust Fund to carry out the purposes of section Appropriations of the Senate and the House of tion security: Provided further, That the sum 1012(a)(5) of the Oil Pollution Act of 1990 (33 Representatives, in conjunction with the Presi- appropriated under this heading from the gen- U.S.C. 2712(a)(5)); of which not to exceed $20,000 dent’s fiscal year 2011 budget, a review of the eral fund shall be reduced on a dollar-for-dollar shall be for official reception and representation Revised Deepwater Implementation Plan that basis as such offsetting collections are received expenses; and of which $3,600,000 shall be avail- identifies any changes to the plan for the fiscal during fiscal year 2010, so as to result in a final able until expended for the cost of repairing, re- year; an annual performance comparison of In- fiscal year appropriation from the general fund habilitating, altering, modifying, and making tegrated Deepwater Systems program assets to estimated at not more than $3,114,040,000: Pro- improvements, including customized tenant im- pre-Deepwater legacy assets; a status report of vided further, That any security service fees col- provements, to any replacement or expanded such legacy assets; a detailed explanation of lected in excess of the amount made available Operations Systems Center facility: Provided, how the costs of such legacy assets are being ac- under this heading shall become available dur- That none of the funds made available by this counted for within the Integrated Deepwater ing fiscal year 2011: Provided further, That or any other Act shall be available for adminis- Systems program; and the earned value manage- Members of the United States House of Rep- trative expenses in connection with shipping ment system gold card data for each Integrated resentatives and United States Senate, including commissioners in the United States: Provided Deepwater Systems program asset: Provided fur- the leadership; the heads of Federal agencies further, That none of the funds made available ther, That the Secretary shall submit to the and commissions, including the Secretary, Dep- by this Act shall be for expenses incurred for Committees on Appropriations of the Senate and uty Secretary, Under Secretaries, and Assistant recreational vessels under section 12114 of title the House of Representatives, in conjunction Secretaries of the Department of Homeland Se- 46, United States Code, except to the extent fees with the fiscal year 2011 budget request, a com- curity; the United States Attorney General and are collected from yacht owners and credited to prehensive review of the Revised Deepwater Im- Assistant Attorneys General and the United this appropriation: Provided further, That the plementation Plan, and every 5 years thereafter, States attorneys; and senior members of the Ex- Coast Guard shall comply with the requirements that includes a complete projection of the acqui- ecutive Office of the President, including the of section 527 of Public Law 108–136 with respect sition costs and schedule for the duration of the Director of the Office of Management and to the Coast Guard Academy: Provided further, plan: Provided further, That the Secretary shall Budget; shall not be exempt from Federal pas- That of the funds provided under this heading, annually submit to the Committees on Appro- senger and baggage screening. $50,000,000 shall be withheld from obligation for priations of the Senate and the House of Rep- Headquarters Directorates until: (1) the fiscal resentatives, at the time that the President’s SURFACE TRANSPORTATION SECURITY year 2010 second quarter acquisition report re- budget is submitted under section 1105(a) of title For necessary expenses of the Transportation quired by Public Law 108–7 and the fiscal year 31, United States Code, a future-years capital Security Administration related to providing 2008 joint explanatory statement accompanying investment plan for the Coast Guard that identi- surface transportation security activities, Public Law 110–161; (2) the Revised Deepwater fies for each capital budget line item— $110,516,000, to remain available until September Implementation Plan; and (3) the future-years (1) the proposed appropriation included in 30, 2011. capital investment plan for fiscal years 2011– that budget;

VerDate Nov 24 2008 03:03 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 6333 E:\CR\FM\A13OC7.023 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11199 (2) the total estimated cost of completion; an employee to work 16 hours per day or to re- TITLE III (3) projected funding levels for each fiscal main overnight at a post of duty; conduct of PROTECTION, PREPAREDNESS, RESPONSE, year for the next 5 fiscal years or until project and participation in firearms matches; presen- AND RECOVERY completion, whichever is earlier; tation of awards; travel of United States Secret NATIONAL PROTECTION AND PROGRAMS (4) an estimated completion date at the pro- Service employees on protective missions without DIRECTORATE jected funding levels; and regard to the limitations on such expenditures MANAGEMENT AND ADMINISTRATION (5) changes, if any, in the total estimated cost in this or any other Act if approval is obtained of completion or estimated completion date from in advance from the Committees on Appropria- For salaries and expenses of the Office of the previous future-years capital investment plans tions of the Senate and the House of Represent- Under Secretary for the National Protection and submitted to the Committees on Appropriations atives; research and development; grants to con- Programs Directorate, support for operations, of the Senate and the House of Representatives: duct behavioral research in support of protective information technology, and the Office of Risk Provided further, That the Secretary shall en- research and operations; and payment in ad- Management and Analysis, $44,577,000: Pro- sure that amounts specified in the future-years vance for commercial accommodations as may be vided, That not to exceed $5,000 shall be for offi- capital investment plan are consistent, to the necessary to perform protective functions; cial reception and representation expenses. maximum extent practicable, with proposed ap- $1,478,669,000, of which not to exceed $25,000 INFRASTRUCTURE PROTECTION AND INFORMATION propriations necessary to support the programs, shall be for official reception and representation SECURITY projects, and activities of the Coast Guard in expenses; of which not to exceed $100,000 shall For necessary expenses for infrastructure pro- the President’s budget as submitted under sec- be to provide technical assistance and equip- tection and information security programs and tion 1105(a) of title 31, United States Code, for ment to foreign law enforcement organizations activities, as authorized by title II of the Home- that fiscal year: Provided further, That any in- in counterfeit investigations; of which $2,366,000 land Security Act of 2002 (6 U.S.C. 121 et seq.), consistencies between the capital investment shall be for forensic and related support of in- $899,416,000, of which $760,155,000 shall remain plan and proposed appropriations shall be iden- vestigations of missing and exploited children; available until September 30, 2011: Provided, tified and justified: Provided further, That sub- and of which $6,000,000 shall be for a grant for That of the amount made available under this sections (a) and (b) of section 6402 of the U.S. activities related to the investigations of missing heading, $161,815,000 may not be obligated for Troop Readiness, Veterans’ Care, Katrina Re- and exploited children and shall remain avail- the National Cyber Security Division program covery, and Iraq Accountability Appropriations able until expended: Provided, That up to and $12,500,000 may not be obligated for the Act, 2007 (Public Law 110–28) shall apply to fis- $18,000,000 for protective travel shall remain Next Generation Networks program until the cal year 2010. available until September 30, 2011: Provided fur- Committees on Appropriations of the Senate and ALTERATION OF BRIDGES ther, That up to $1,000,000 for National Special the House of Representatives receive and ap- For necessary expenses for alteration or re- Security Events shall remain available until ex- prove a plan for expenditure for each of these moval of obstructive bridges, as authorized by pended: Provided further, That the United programs that describes the strategic context of section 6 of the Truman-Hobbs Act (33 U.S.C. States Secret Service is authorized to obligate the program, the specific goals and milestones set for the program, and the funds allocated to 516), $4,000,000, to remain available until ex- funds in anticipation of reimbursements from achieving each of those goals and milestones: pended: Provided, That of the amounts made Federal agencies and entities, as defined in sec- Provided further, That of the total amount pro- available under this heading, $4,000,000 shall be tion 105 of title 5, United States Code, receiving vided, no less than: $20,000,000 is for the Na- for the Fort Madison Bridge in Fort Madison, training sponsored by the James J. Rowley tional Infrastructure Simulation and Analysis Iowa. Training Center, except that total obligations at Center; $1,000,000 is for Philadelphia infrastruc- RESEARCH, DEVELOPMENT, TEST, AND the end of the fiscal year shall not exceed total ture monitoring; $3,500,000 is for State and local EVALUATION budgetary resources available under this head- cyber security training; $3,000,000 is for the For necessary expenses for applied scientific ing at the end of the fiscal year: Provided fur- Power and Cyber Systems Protection, Analysis, research, development, test, and evaluation; and ther, That none of the funds made available and Testing Program at the Idaho National for maintenance, rehabilitation, lease, and oper- under this heading shall be available to com- Laboratory; $3,500,000 is for the Cyber Security ation of facilities and equipment; as authorized pensate any employee for overtime in an annual Test Bed and Evaluation Center; $3,000,000 is by law; $24,745,000, to remain available until ex- amount in excess of $35,000, except that the Sec- for the Multi-State Information Sharing and pended, of which $500,000 shall be derived from retary of Homeland Security, or the designee of Analysis Center; $500,000 is for the Virginia the Oil Spill Liability Trust Fund to carry out the Secretary, may waive that amount as nec- Operational Integration Cyber Center of Excel- the purposes of section 1012(a)(5) of the Oil Pol- essary for national security purposes: Provided lence; $100,000 is for the Upstate New York lution Act of 1990 (33 U.S.C. 2712(a)(5)): Pro- further, That none of the funds made available Cyber Initiative; and $1,000,000 is for interoper- vided, That there may be credited to and used to the United States Secret Service by this Act or able communications, technical assistance, and for the purposes of this appropriation funds re- by previous appropriations Acts may be made outreach programs. ceived from State and local governments, other available for the protection of the head of a FEDERAL PROTECTIVE SERVICE public authorities, private sources, and foreign Federal agency other than the Secretary of The revenues and collections of security fees countries for expenses incurred for research, de- Homeland Security: Provided further, That the credited to this account shall be available until velopment, testing, and evaluation. Director of the United States Secret Service may expended for necessary expenses related to the RETIRED PAY enter into an agreement to perform such service protection of federally-owned and leased build- For retired pay, including the payment of ob- on a fully reimbursable basis: Provided further, ings and for the operations of the Federal Pro- ligations otherwise chargeable to lapsed appro- That of the total amount made available under tective Service: Provided, That the Secretary of priations for this purpose, payments under the this heading, $33,960,000, to remain available Homeland Security and the Director of the Of- Retired Serviceman’s Family Protection and until expended, is for information technology fice of Management and Budget shall certify in Survivor Benefits Plans, payment for career sta- modernization: Provided further, That none of writing to the Committees on Appropriations of tus bonuses, concurrent receipts and combat-re- the funds made available in the preceding pro- the Senate and the House of Representatives no lated special compensation under the National viso shall be obligated to purchase or install in- later than December 31, 2009, that the oper- Defense Authorization Act, and payments for formation technology equipment until the Chief ations of the Federal Protective Service will be medical care of retired personnel and their de- Information Officer of the Department of Home- fully funded in fiscal year 2010 through reve- pendents under chapter 55 of title 10, United land Security submits a report to the Committees nues and collection of security fees, and shall States Code, $1,361,245,000, to remain available on Appropriations of the Senate and the House adjust the fees to ensure fee collections are suf- until expended. of Representatives certifying that all plans for ficient to ensure that the Federal Protective UNITED STATES SECRET SERVICE such modernization are consistent with Depart- Service maintains not fewer than 1,200 full-time SALARIES AND EXPENSES ment of Homeland Security data center migra- equivalent staff and 900 full-time equivalent Po- tion and enterprise architecture requirements: lice Officers, Inspectors, Area Commanders, and For necessary expenses of the United States Provided further, That none of the funds made Special Agents who, while working, are directly Secret Service, including: purchase of not to ex- available to the United States Secret Service by engaged on a daily basis protecting and enforc- ceed 652 vehicles for police-type use for replace- this Act or by previous appropriations Acts may ing laws at Federal buildings (referred to as ment only; hire of passenger motor vehicles; ‘‘in-service field staff’’). purchase of motorcycles made in the United be obligated for the purpose of opening a new States; hire of aircraft; services of expert wit- permanent domestic or overseas office or loca- UNITED STATES VISITOR AND IMMIGRANT STATUS nesses at such rates as may be determined by the tion unless the Committees on Appropriations of INDICATOR TECHNOLOGY Director of the Secret Service; rental of build- the Senate and the House of Representatives are For necessary expenses for the development of ings in the District of Columbia, and fencing, notified 15 days in advance of such obligation. the United States Visitor and Immigrant Status lighting, guard booths, and other facilities on ACQUISITION, CONSTRUCTION, IMPROVEMENTS, Indicator Technology project, as authorized by private or other property not in Government AND RELATED EXPENSES section 110 of the Illegal Immigration Reform ownership or control, as may be necessary to and Immigrant Responsibility Act of 1996 (8 perform protective functions; payment of per For necessary expenses for acquisition, con- U.S.C. 1365a), $373,762,000, to remain available diem or subsistence allowances to employees struction, repair, alteration, and improvement of until expended: Provided, That of the total where a protective assignment during the actual facilities, $3,975,000, to remain available until amount made available under this heading, day or days of the visit of a protectee requires expended. $75,000,000 may not be obligated for the United

VerDate Nov 24 2008 03:03 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 6333 E:\CR\FM\A13OC7.026 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11200 CONGRESSIONAL RECORD — HOUSE October 13, 2009 States Visitor and Immigrant Status Indicator 2004, for fiscal year 2010, the Commonwealth of Mississippi; $500,000, City of Scottsdale, Ari- Technology project until the Committees on Ap- Puerto Rico shall make available to local and zona; $750,000, City of Sunrise, Florida; $500,000, propriations of the Senate and the House of tribal governments amounts provided to the City of Tavares, Florida; $400,000, City of Representatives receive a plan for expenditure, Commonwealth of Puerto Rico under this para- Torrington, Connecticut; $900,000, City of prepared by the Secretary of Homeland Secu- graph in accordance with subsection (c)(1) of Whitefish, Montana; $500,000, City of Whittier, rity, not later than 90 days after the date of en- such section 2004. California; $500,000, City of Wichita, Kansas; actment of this Act that meets the statutory con- (2) $887,000,000 shall be for the Urban Area Se- $500,000, Columbia County, Oregon; $500,000, ditions specified under this heading in Public curity Initiative under section 2003 of the Home- County of Union, New Jersey; $400,000, Dor- Law 110–329: Provided further, That not less land Security Act of 2002 (6 U.S.C. 604), of chester County, South Carolina; $200,000, Ful- than $28,000,000 of unobligated balances of prior which, notwithstanding subsection (c)(1) of ton County (Atlanta) Emergency Management year appropriations shall remain available and such section, $19,000,000 shall be for grants to Agency, Georgia; $250,000, Howell County Emer- be obligated solely for implementation of a bio- organizations (as described under section gency Preparedness, Missouri; $500,000, Jackson metric air exit capability. 501(c)(3) of the Internal Revenue Code of 1986 County Sheriff’s Office, Missouri; $750,000, OFFICE OF HEALTH AFFAIRS and exempt from tax section 501(a) of such code) Johnson County, Texas; $500,000, Kentucky For necessary expenses of the Office of Health determined by the Secretary of Homeland Secu- Emergency Management, Kentucky; $800,000, Affairs, $139,250,000, of which $30,411,000 is for rity to be at high risk of a terrorist attack. Lake County, Florida; $600,000, Lea County, (3) $35,000,000 shall be for Regional Cata- salaries and expenses: Provided, That New Mexico; $1,000,000, Lincoln County, Wash- strophic Preparedness Grants. $108,839,000 shall remain available until Sep- ington; $250,000, Lycoming County, Pennsyl- (4) $41,000,000 shall be for the Metropolitan tember 30, 2011, for biosurveillance, BioWatch, vania; $250,000, Macomb County Emergency Medical Response System under section 635 of medical readiness planning, chemical response, Management and Communications, Michigan; the Post-Katrina Emergency Management Re- and other activities, including $5,000,000 for the $300,000, Mercer County Emergency Manage- form Act of 2006 (6 U.S.C. 723). North Carolina Collaboratory for Bio-Prepared- ment Agency, Kentucky; $1,000,000, Middle Rio (5) $13,000,000 shall be for the Citizen Corps Grande Development Council, Texas; $250,000, ness, University of North Carolina, Chapel Hill: Program. Provided further, That not to exceed $3,000 shall Minooka Fire Protection District, Illinois; (6) $300,000,000 shall be for Public Transpor- $800,000, Mobile County Commission, Alabama; be for official reception and representation ex- tation Security Assistance and Railroad Secu- penses. $200,000, Monroe County, Florida; $1,000,000, rity Assistance, under sections 1406 and 1513 of Morris County, New Jersey Office of Emergency FEDERAL EMERGENCY MANAGEMENT AGENCY the Implementing Recommendations of the 9/11 Management, New Jersey; $750,000, New Orleans MANAGEMENT AND ADMINISTRATION Commission Act of 2007 (Public Law 110–53; 6 Emergency Medical Services, Louisiana; For necessary expenses for management and U.S.C. 1135 and 1163), of which not less than $1,000,000, North Carolina Office of Emergency administration of the Federal Emergency Man- $20,000,000 shall be for Amtrak security: Pro- Management, North Carolina; $500,000, North agement Agency, $797,650,000, including activi- vided, That such public transportation security Hudson Regional Fire and Rescue, New Jersey; ties authorized by the National Flood Insurance assistance shall be provided directly to public $980,000, North Louisiana Regional, Lincoln Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. transportation agencies. Parish, Louisiana; $1,500,000, Ohio Emergency (7) $300,000,000 shall be for Port Security Stafford Disaster Relief and Emergency Assist- Management Agency, Columbus, Ohio; $250,000, Grants in accordance with 46 U.S.C. 70107, not- ance Act (42 U.S.C. 5121 et seq.), the Cerro Passaic County Prosecutor’s Office, New Jersey; withstanding 46 U.S.C. 70107(c). Grande Fire Assistance Act of 2000 (division C, $980,000, City of Providence, Rhode Island; (8) $12,000,000 shall be for Over-the-Road Bus title I, 114 Stat. 583), the Earthquake Hazards $800,000, San Francisco Department of Emer- Security Assistance under section 1532 of the Im- Reduction Act of 1977 (42 U.S.C. 7701 et seq.), gency Management, California; $300,000, Sara- plementing Recommendations of the 9/11 Com- the Defense Production Act of 1950 (50 U.S.C. sota County, Florida; $650,000, Scotland Coun- mission Act of 2007 (Public Law 110–53; 6 U.S.C. App. 2061 et seq.), sections 107 and 303 of the ty, North Carolina; $500,000, Somerset County, National Security Act of 1947 (50 U.S.C. 404, 1182). (9) $50,000,000 shall be for Buffer Zone Protec- Maine; $1,500,000, State of Maryland, Mary- 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. land; $158,000, City of Maitland, Florida; App.), the Homeland Security Act of 2002 (6 tion Program Grants. (10) $50,000,000 shall be for the Driver’s Li- $500,000, Tohono O’odham Nation; $75,000, U.S.C. 101 et seq.), and the Post-Katrina Emer- Towamencin Township, Pennsylvania; $275,000, gency Management Reform Act of 2006 (Public cense Security Grants Program in accordance with section 204 of the REAL ID Act of 2005 (49 Town of Harrison, New York; $500,000, Town of Law 109–295; 120 Stat. 1394): Provided, That not Shorter, Alabama; $750,000, Township of to exceed $3,000 shall be for official reception U.S.C. 30301 note). (11) $50,000,000 shall be for the Interoperable Irvington, New Jersey; $500,000, Township of and representation expenses: Provided further, Emergency Communications Grant Program Old Bridge, New Jersey; $247,000, Township of That the President’s budget submitted under under section 1809 of the Homeland Security Act South Orange Village, South Orange, New Jer- section 1105(a) of title 31, United States Code, of 2002 (6 U.S.C. 579). sey; $500,000, Upper Darby Township Police De- shall be detailed by office for the Federal Emer- (12) $60,000,000 shall be for grants for Emer- partment, Pennsylvania; $165,000, Village of gency Management Agency: Provided further, gency Operations Centers under section 614 of Elmsford, New York; $350,000, Washington Par- That of the total amount made available under the Robert T. Stafford Disaster Relief and Emer- ish Government, Louisiana; $900,000, Westmore- this heading, not to exceed $36,300,000 shall re- gency Assistance Act (42 U.S.C. 5196c) to remain land County Department of Public Safety, main available until September 30, 2011, for cap- available until expended, of which no less than Pennsylvania; $1,000,000, Williamsburg County, ital improvements at the Mount Weather Emer- the amount specified for each Emergency Oper- South Carolina; and $20,000, Winston County gency Operations Center: Provided further, ations Center shall be provided as follows: Commission, Alabama. That of the total amount made available under $500,000, Benton County Emergency Manage- this heading, $32,500,000 shall be for the Urban (13) $267,200,000 shall be for training, exer- ment Commission, Iowa; $100,000, Brazoria Search and Rescue Response System, of which cises, technical assistance, and other programs, County Emergency Management, Texas; not to exceed $1,600,000 may be made available of which— $800,000, Butte-Silver Bow, Montana; $338,000, for administrative costs; and $6,995,000 shall be Calvert County Department of Public Safety, (A) $164,500,000 shall be for the National Do- for the Office of National Capital Region Co- Maryland; $425,000, City of Alamosa Fire De- mestic Preparedness Consortium in accordance ordination: Provided further, That for purposes partment, Colorado; $600,000, City of Ames, with section 1204 of the Implementing Rec- of planning, coordination, execution, and deci- Iowa; $250,000, City of Boerne, Texas; $500,000, ommendations of the 9/11 Commission Act of sion-making related to mass evacuation during City of Brawley, California; $300,000, City of 2007 (6 U.S.C. 1102), of which $62,500,000 shall a disaster, the Governors of the State of West Brigantine, New Jersey; $350,000, City of Brook- be for the Center for Domestic Preparedness; Virginia and the Commonwealth of Pennsyl- ings, Oregon; $1,000,000, City of Chicago, Illi- $23,000,000 shall be for the National Energetic vania, or their designees, shall be incorporated nois; $1,000,000, City of Commerce, California; Materials Research and Testing Center, New into efforts to integrate the activities of Federal, $300,000, City of Cupertino, California; Mexico Institute of Mining and Technology; State, and local governments in the National $1,000,000, City of Detroit, Michigan; $750,000, $23,000,000 shall be for the National Center for Capital Region, as defined in section 882 of Pub- City of Elk Grove, California; $400,000, City of Biomedical Research and Training, Louisiana lic Law 107–296, the Homeland Security Act of Green Cove Springs, Florida; $600,000, City of State University; $23,000,000 shall be for the Na- 2002. Greenville, North Carolina; $300,000, City of tional Emergency Response and Rescue Train- STATE AND LOCAL PROGRAMS Hackensack, New Jersey; $800,000, City of Hart- ing Center, Texas A&M University; $23,000,000 (INCLUDING TRANSFER OF FUNDS) ford, Connecticut; $250,000, City of Hopewell, shall be for the National Exercise, Test, and Training Center, Nevada Test Site; $5,000,000 For grants, contracts, cooperative agreements, Virginia; $254,500, City of La Habra, California; shall be for the Natural Disaster Preparedness and other activities, $3,015,200,000 shall be allo- $600,000, City of Las Vegas, Nevada; $750,000, Training Center, University of Hawaii, Hono- cated as follows: City of Lauderdale Lakes, Florida; $750,000, (1) $950,000,000 shall be for the State Home- City of Minneapolis, Minnesota; $375,000, City lulu, Hawaii; $5,000,000 shall be for surface land Security Grant Program under section 2004 of Monterey Park, California; $400,000, City of transportation emergency preparedness and re- of the Homeland Security Act of 2002 (6 U.S.C. Moreno Valley, California; $1,000,000, City of sponse training to be awarded under full and 605): Provided, That of the amount provided by Mount Vernon, New York; $1,000,000, City of open competition; this paragraph, $60,000,000 shall be for Oper- Newark, New Jersey; $900,000, City of North Lit- (B) $1,700,000 shall be for the Center for ation Stonegarden: Provided further, That not- tle Rock, Arkansas; $350,000, City of Palm Counterterrorism and Cyber Crime, Norwich withstanding subsection (c)(4) of such section Coast, Florida; $750,000, City of Port Gibson, University, Northfield, Vermont; and

VerDate Nov 24 2008 03:03 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 6333 E:\CR\FM\A13OC7.028 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11201 (C) $3,000,000 shall be for the Rural Domestic App.), $340,000,000: Provided, That total admin- (2) the necessity for timeliness of agency bil- Preparedness Consortium, Eastern Kentucky istrative costs shall not exceed 3 percent of the lings. University: total amount appropriated under this heading, DISASTER ASSISTANCE DIRECT LOAN PROGRAM Provided, That 4 percent of the amounts pro- and an expenditure plan for program adminis- ACCOUNT vided under this heading shall be transferred to tration shall be provided to the Committees on For activities under section 319 of the Robert the Federal Emergency Management Agency Appropriations of the Senate and the House of T. Stafford Disaster Relief and Emergency As- ‘‘Management and Administration’’ account for Representatives within 60 days of the date of sistance Act (42 U.S.C. 5162), $295,000 is for the program administration, and an expenditure enactment of this Act. cost of direct loans: Provided, That gross obliga- plan for program administration shall be pro- RADIOLOGICAL EMERGENCY PREPAREDNESS tions for the principal amount of direct loans vided to the Committees on Appropriations of PROGRAM shall not exceed $25,000,000: Provided further, the Senate and the House of Representatives The aggregate charges assessed during fiscal That the cost of modifying such loans shall be within 60 days after the date of enactment of year 2010, as authorized in title III of the De- as defined in section 502 of the Congressional this Act: Provided further, That notwith- partments of Veterans Affairs and Housing and Budget Act of 1974 (2 U.S.C. 661a). standing section 2008(a)(11) of the Homeland Se- Urban Development, and Independent Agencies FLOOD MAP MODERNIZATION FUND Appropriations Act, 1999 (42 U.S.C. 5196e), shall curity Act of 2002 (6 U.S.C. 609(a)(11)), or any For necessary expenses under section 1360 of not be less than 100 percent of the amounts another provision of law, a grantee may use not the National Flood Insurance Act of 1968 (42 ticipated by the Department of Homeland Secu- more than 5 percent of the amount of a grant U.S.C. 4101), $220,000,000, and such additional rity necessary for its radiological emergency pre- made available under this heading for expenses sums as may be provided by State and local gov- paredness program for the next fiscal year: Pro- directly related to administration of the grant: ernments or other political subdivisions for cost- vided, That the methodology for assessment and Provided further, That for grants under para- shared mapping activities under section collection of fees shall be fair and equitable and graphs (1) through (5), the applications for 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to shall reflect costs of providing such services, in- grants shall be made available to eligible appli- remain available until expended: Provided, That cluding administrative costs of collecting such cants not later than 25 days after the date of total administrative costs shall not exceed 3 per- enactment of this Act, that eligible applicants fees: Provided further, That fees received under this heading shall be deposited in this account cent of the total amount appropriated under shall submit applications not later than 90 days this heading. after the grant announcement, and that the Ad- as offsetting collections and will become avail- NATIONAL FLOOD INSURANCE FUND ministrator of the Federal Emergency Manage- able for authorized purposes on October 1, 2010, ment Agency shall act within 90 days after re- and remain available until expended. For activities under the National Flood Insur- ceipt of an application: Provided further, That UNITED STATES FIRE ADMINISTRATION ance Act of 1968 (42 U.S.C. 4001 et seq.) and the for grants under paragraphs (6) through (11), For necessary expenses of the United States Flood Disaster Protection Act of 1973 (42 U.S.C. the applications for grants shall be made avail- Fire Administration and for other purposes, as 4001 et seq.), $146,000,000, which shall be derived able to eligible applicants not later than 30 days authorized by the Federal Fire Prevention and from offsetting collections assessed and collected after the date of enactment of this Act, that eli- Control Act of 1974 (15 U.S.C. 2201 et seq.) and under section 1308(d) of the National Flood In- gible applicants shall submit applications within the Homeland Security Act of 2002 (6 U.S.C. 101 surance Act of 1968 (42 U.S.C. 4015(d)), which is 45 days after the grant announcement, and that et seq.), $45,588,000. available as follows: (1) not to exceed $38,680,000 for salaries and expenses associated with flood the Federal Emergency Management Agency DISASTER RELIEF mitigation and flood insurance operations; and shall act not later than 60 days after receipt of (INCLUDING TRANSFERS OF FUNDS) an application: Provided further, That for (2) no less than $107,320,000 for flood plain man- For necessary expenses in carrying out the agement and flood mapping, which shall remain grants under paragraphs (1) and (2), the instal- Robert T. Stafford Disaster Relief and Emer- lation of communications towers is not consid- available until September 30, 2011: Provided, gency Assistance Act (42 U.S.C. 5121 et seq.), That any additional fees collected pursuant to ered construction of a building or other physical $1,600,000,000, to remain available until ex- facility: Provided further, That grantees shall section 1308(d) of the National Flood Insurance pended: Provided, That the Federal Emergency Act of 1968 (42 U.S.C. 4015(d)) shall be credited provide reports on their use of funds, as deter- Management Agency shall submit an expendi- mined necessary by the Secretary: Provided fur- as an offsetting collection to this account, to be ture plan to the Committees on Appropriations available for flood plain management and flood ther, That (a) the Center for Domestic Prepared- of the Senate and the House of Representatives ness may provide training to emergency re- mapping: Provided further, That in fiscal year detailing the use of the funds for disaster readi- 2010, no funds shall be available from the Na- sponse providers from the Federal Government, ness and support within 60 days after the date foreign governments, or private entities, if the tional Flood Insurance Fund under section 1310 of enactment of this Act: Provided further, That of that Act (42 U.S.C. 4017) in excess of: (1) Center for Domestic Preparedness is reimbursed the Federal Emergency Management Agency for the cost of such training, and any reim- $85,000,000 for operating expenses; (2) shall submit to such Committees a quarterly re- $969,370,000 for commissions and taxes of agents; bursement under this subsection shall be cred- port detailing obligations against the expendi- ited to the account from which the expenditure (3) such sums as are necessary for interest on ture plan and a justification for any changes in Treasury borrowings; and (4) $120,000,000, being reimbursed was made and shall be avail- spending: Provided further, That of the total which shall remain available until expended for able, without fiscal year limitation, for the pur- amount provided, $16,000,000 shall be trans- flood mitigation actions, of which $70,000,000 is poses for which amounts in the account may be ferred to the Department of Homeland Security for severe repetitive loss properties under section expended, and (b) the head of the Center for Office of Inspector General for audits and inves- 1361A of the National Flood Insurance Act of Domestic Preparedness shall ensure that any tigations related to disasters, subject to section 1968 (42 U.S.C. 4102a), of which $10,000,000 is for training provided under (a) does not interfere 503 of this Act: Provided further, That repetitive insurance claims properties under sec- with the primary mission of the Center to train $105,600,000 shall be transferred to Federal tion 1323 of the National Flood Insurance Act of State and local emergency response providers. Emergency Management Agency ‘‘Management 1968 (42 U.S.C. 4030), and of which $40,000,000 is and Administration’’ for management and ad- FIREFIGHTER ASSISTANCE GRANTS for flood mitigation assistance under section ministration functions: Provided further, That For necessary expenses for programs author- 1366 of the National Flood Insurance Act of 1968 ized by the Federal Fire Prevention and Control the amount provided in the previous proviso shall not be available for transfer to ‘‘Manage- (42 U.S.C. 4104c) notwithstanding subpara- Act of 1974 (15 U.S.C. 2201 et seq.), $810,000,000, graphs (B) and (C) of subsection (b)(3) and sub- of which $390,000,000 shall be available to carry ment and Administration’’ until the Federal Emergency Management Agency submits an ex- section (f) of section 1366 of the National Flood out section 33 of that Act (15 U.S.C. 2229) and Insurance Act of 1968 (42 U.S.C. 4104c) and not- $420,000,000 shall be available to carry out sec- penditure plan to the Committees on Appropria- tions of the Senate and the House of Represent- withstanding subsection (a)(7) of section 1310 of tion 34 of that Act (15 U.S.C. 2229a), to remain the National Flood Insurance Act of 1968 (42 available until September 30, 2011: Provided, atives: Provided further, That the Federal Emer- gency Management Agency shall submit the U.S.C. 4017): Provided further, That amounts That not to exceed 5 percent of the amount collected under section 102 of the Flood Disaster available under this heading shall be available monthly ‘‘Disaster Relief’’ report, as specified in Public Law 110–161, to the Committees on Ap- Protection Act of 1973 and section 1366(i) of the for program administration, and an expenditure National Flood Insurance Act of 1968 shall be plan for program administration shall be pro- propriations of the Senate and the House of Representatives, and include the amounts pro- deposited in the National Flood Insurance Fund vided to the Committees on Appropriations of to supplement other amounts specified as avail- the Senate and the House of Representatives vided to each Federal agency for mission assign- ments: Provided further, That for any request able for section 1366 of the National Flood In- within 60 days of the date of enactment of this surance Act of 1968, notwithstanding 42 U.S.C. Act. for reimbursement from a Federal agency to the Department of Homeland Security to cover ex- 4012a(f)(8), 4104c(i), and 4104d(b)(2)–(3): Pro- EMERGENCY MANAGEMENT PERFORMANCE GRANTS penditures under the Robert T. Stafford Disaster vided further, That total administrative costs For necessary expenses for emergency man- Relief and Emergency Assistance Act (42 U.S.C. shall not exceed 4 percent of the total appro- agement performance grants, as authorized by 5121 et seq.), or any mission assignment orders priation. the National Flood Insurance Act of 1968 (42 issued by the Department for such purposes, the NATIONAL PREDISASTER MITIGATION FUND U.S.C. 4001 et seq.), the Robert T. Stafford Dis- Secretary of Homeland Security shall take ap- For the predisaster mitigation grant program aster Relief and Emergency Assistance Act (42 propriate steps to ensure that each agency is pe- under section 203 of the Robert T. Stafford Dis- U.S.C. 5121 et seq.), the Earthquake Hazards riodically reminded of Department policies on— aster Relief and Emergency Assistance Act (42 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), (1) the detailed information required in sup- U.S.C. 5133), $100,000,000, to remain available and Reorganization Plan No. 3 of 1978 (5 U.S.C. porting documentation for reimbursements; and until expended and to be obligated as detailed in

VerDate Nov 24 2008 03:03 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 6333 E:\CR\FM\A13OC7.030 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11202 CONGRESSIONAL RECORD — HOUSE October 13, 2009 the joint explanatory statement accompanying for materials and support costs of Federal law Provided further, That not less than $2,000,000 this Act: Provided, That the total administrative enforcement basic training; of which $300,000 shall be available for the Naval Postgraduate costs associated with such grants shall not ex- shall remain available until expended for Fed- School: Provided further, That not less than ceed 3 percent of the total amount made avail- eral law enforcement agencies participating in $1,000,000 shall be available to continue a home- able under this heading. training accreditation, to be distributed as de- land security research, development, and manu- EMERGENCY FOOD AND SHELTER termined by the Federal Law Enforcement facturing pilot project: Provided further, That Training Center for the needs of participating not less than $500,000 shall be available for a To carry out the emergency food and shelter agencies; and of which not to exceed $12,000 demonstration project to develop situational program pursuant to title III of the McKinney- shall be for official reception and representation awareness and decision support capabilities Vento Homeless Assistance Act (42 U.S.C. 11331 expenses: Provided, That the Center is author- through remote sensing technologies: Provided et seq.), $200,000,000, to remain available until ized to obligate funds in anticipation of reim- further, That not less than $4,000,000 shall be expended: Provided, That total administrative bursements from agencies receiving training available for a pilot program to develop a costs shall not exceed 3.5 percent of the total sponsored by the Center, except that total obli- replicable port security system that would im- amount made available under this heading. gations at the end of the fiscal year shall not prove maritime domain awareness: Provided fur- TITLE IV exceed total budgetary resources available at the ther, That $32,000,000 shall be for the National RESEARCH AND DEVELOPMENT, end of the fiscal year: Provided further, That Bio- and Agro-defense Facility, of which up to TRAINING, AND SERVICES section 1202(a) of Public Law 107–206 (42 U.S.C. $2,000,000 may be obligated for the National UNITED STATES CITIZENSHIP AND IMMIGRATION 3771 note), as amended by Public Law 110–329 Academy of Sciences to complete the Letter Re- SERVICES (122 Stat. 3677), is further amended by striking port required in section 560 (b) of this Act. ‘‘December 31, 2011’’ and inserting ‘‘December For necessary expenses for citizenship and im- DOMESTIC NUCLEAR DETECTION OFFICE 31, 2012’’: Provided further, That the Federal migration services, $224,000,000, of which MANAGEMENT AND ADMINISTRATION Law Enforcement Training Accreditation $50,000,000 is for processing applications for asy- Board, including representatives from the Fed- For salaries and expenses of the Domestic Nu- lum or refugee status; of which $5,000,000 is for eral law enforcement community and non-Fed- clear Detection Office as authorized by title XIX the processing of military naturalization appli- eral accreditation experts involved in law en- of the Homeland Security Act of 2002 (6 U.S.C. cations; and of which $137,000,000 is for the forcement training, shall lead the Federal law 591 et seq.) as amended, for management and basic pilot program (E-Verify Program), as au- enforcement training accreditation process to administration of programs and activities, thorized by section 402 of the Illegal Immigra- continue the implementation of measuring and $38,500,000: Provided, That not to exceed $3,000 tion Reform and Immigrant Responsibility Act assessing the quality and effectiveness of Fed- shall be for official reception and representation of 1996 (8 U.S.C. 1324a note), to assist United eral law enforcement training programs, facili- expenses. States employers with maintaining a legal work- ties, and instructors: Provided further, That the RESEARCH, DEVELOPMENT, AND OPERATIONS force: Provided, That of the amounts made Director of the Federal Law Enforcement Train- For necessary expenses for radiological and available for the basic pilot program (E-Verify ing Center shall schedule basic or advanced law nuclear research, development, testing, evalua- Program), $30,000,000 shall remain available enforcement training, or both, at all four train- tion, and operations, $324,537,000, to remain until September 30, 2011: Provided further, That ing facilities under the control of the Federal available until September 30, 2012. notwithstanding any other provision of law, Law Enforcement Training Center to ensure funds available to United States Citizenship and SYSTEMS ACQUISITION that such training facilities are operated at the Immigration Services may be used to acquire, For expenses for the Domestic Nuclear Detec- highest capacity throughout the fiscal year. operate, equip, and dispose of up to five vehi- tion Office acquisition and deployment of radio- cles, for replacement only, for areas where the ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, logical detection systems in accordance with the Administrator of General Services does not pro- AND RELATED EXPENSES global nuclear detection architecture, vide vehicles for lease: Provided further, That For acquisition of necessary additional real $20,000,000, to remain available until September the Director of United States Citizenship and property and facilities, construction, and ongo- 30, 2012: Provided, That none of the funds ap- Immigration Services may authorize employees ing maintenance, facility improvements, and re- propriated under this heading in this Act or any who are assigned to those areas to use such ve- lated expenses of the Federal Law Enforcement other Act shall be obligated for full-scale pro- hicles to travel between the employees’ resi- Training Center, $43,456,000, to remain available curement of Advanced Spectroscopic Portal dences and places of employment: Provided fur- until expended: Provided, That the Center is au- monitors until the Secretary of Homeland Secu- ther, That none of the funds made available thorized to accept reimbursement to this appro- rity submits to the Committees on Appropria- under this heading may be obligated for proc- priation from government agencies requesting tions of the Senate and the House of Represent- essing applications for asylum or refugee status the construction of special use facilities. atives a report certifying that a significant in- unless the Secretary of Homeland Security has SCIENCE AND TECHNOLOGY crease in operational effectiveness will be published a final rule updating part 103 of title MANAGEMENT AND ADMINISTRATION achieved by such obligation: Provided further, 8, Code of Federal Regulations, to discontinue For salaries and expenses of the Office of the That the Secretary shall submit separate and the asylum/refugee surcharge: Provided further, Under Secretary for Science and Technology distinct certifications prior to the procurement That none of the funds made available under and for management and administration of proof Advanced Spectroscopic Portal monitors for this heading may be obligated for development grams and activities, as authorized by title III of primary and secondary deployment that address of the ‘‘REAL ID hub’’ until the Committees on the Homeland Security Act of 2002 (6 U.S.C. 181 the unique requirements for operational effec- Appropriations of the Senate and the House of et seq.), $143,200,000: Provided, That not to ex- tiveness of each type of deployment: Provided Representatives receive a plan for expenditure ceed $10,000 shall be for official reception and further, That the Secretary shall continue to for that program that describes the strategic representation expenses. consult with the National Academy of Sciences context of the program, the specific goals and before making such certifications: Provided fur- milestones set for the program, and the funds al- RESEARCH, DEVELOPMENT, ACQUISITION, AND ther, That none of the funds appropriated located for achieving each of these goals and OPERATIONS under this heading shall be used for high-risk milestones: Provided further, That none of the For necessary expenses for science and tech- concurrent development and production of mu- funds made available in this Act for grants for nology research, including advanced research tually dependent software and hardware. projects; development; test and evaluation; ac- immigrant integration may be used to provide TITLE V quisition; and operations; as authorized by title services to aliens who have not been lawfully GENERAL PROVISIONS admitted for permanent residence. III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.); $863,271,000, of which (INCLUDING RESCISSIONS OF FUNDS) FEDERAL LAW ENFORCEMENT TRAINING CENTER $713,083,000, to remain available until September SEC. 501. No part of any appropriation con- SALARIES AND EXPENSES 30, 2012; and of which $150,188,000, to remain tained in this Act shall remain available for ob- For necessary expenses of the Federal Law available until September 30, 2014, solely for ligation beyond the current fiscal year unless Enforcement Training Center, including mate- Laboratory Facilities: Provided, That not less expressly so provided herein. rials and support costs of Federal law enforce- than $20,865,000 shall be available for the SEC. 502. Subject to the requirements of section ment basic training; the purchase of not to ex- Southeast Region Research Initiative at the Oak 503 of this Act, the unexpended balances of ceed 117 vehicles for police-type use and hire of Ridge National Laboratory: Provided further, prior appropriations provided for activities in passenger motor vehicles; expenses for student That not less than $3,000,000 shall be available this Act may be transferred to appropriation ac- athletic and related activities; the conduct of for Distributed Environment for Critical Infra- counts for such activities established pursuant and participation in firearms matches and pres- structure Decisionmaking Exercises: Provided to this Act, may be merged with funds in the ap- entation of awards; public awareness and en- further, That not less than $12,000,000 shall be plicable established accounts, and thereafter hancement of community support of law en- for construction expenses of the Pacific North- may be accounted for as one fund for the same forcement training; room and board for student west National Laboratory: Provided further, time period as originally enacted. interns; a flat monthly reimbursement to em- That not less than $2,000,000 shall be for the SEC. 503. (a) None of the funds provided by ployees authorized to use personal mobile Cincinnati Urban Area partnership established this Act, provided by previous appropriations phones for official duties; and services as au- through the Regional Technology Integration Acts to the agencies in or transferred to the De- thorized by section 3109 of title 5, United States Initiative: Provided further, That not less than partment of Homeland Security that remain Code; $239,356,000, of which up to $47,751,000 $10,000,000 shall be available for the National available for obligation or expenditure in fiscal shall remain available until September 30, 2011, Institute for Hometown Security, Kentucky: year 2010, or provided from any accounts in the

VerDate Nov 24 2008 03:03 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 6333 E:\CR\FM\A13OC7.032 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11203 Treasury of the United States derived by the only for purposes consistent with the contrib- 110–161; 121 Stat. 2072, 2073, 2074, 2082) shall collection of fees available to the agencies fund- uting component: Provided further, That such apply with respect to funds made available in ed by this Act, shall be available for obligation fund shall be paid in advance or reimbursed at this Act in the same manner as such sections ap- or expenditure through a reprogramming of rates which will return the full cost of each plied to funds made available in that Act. funds that: (1) creates a new program, project, service: Provided further, That the Working SEC. 511. None of the funds made available in or activity; (2) eliminates a program, project, of- Capital Fund shall be subject to the require- this Act may be used in contravention of the ap- fice, or activity; (3) increases funds for any pro- ments of section 503 of this Act. plicable provisions of the Buy American Act (41 gram, project, or activity for which funds have SEC. 505. Except as otherwise specifically pro- U.S.C. 10a et seq.). been denied or restricted by the Congress; (4) vided by law, not to exceed 50 percent of unobli- SEC. 512. None of the funds made available in proposes to use funds directed for a specific ac- gated balances remaining available at the end of this Act may be used to amend the oath of alle- tivity by either of the Committees on Appropria- fiscal year 2010 from appropriations for salaries giance required by section 337 of the Immigra- tions of the Senate or the House of Representa- and expenses for fiscal year 2010 in this Act tion and Nationality Act (8 U.S.C. 1448). tives for a different purpose; or (5) contracts out shall remain available through September 30, SEC. 513. None of the funds appropriated by any function or activity for which funding lev- 2011, in the account and for the purposes for this Act may be used to process or approve a els were requested for Federal full-time equiva- which the appropriations were provided: Pro- competition under Office of Management and lents in the object classification tables contained vided, That prior to the obligation of such Budget Circular A–76 for services provided as of in the fiscal year 2010 Budget Appendix for the funds, a request shall be submitted to the Com- June 1, 2004, by employees (including employees Department of Homeland Security, as modified mittees on Appropriations of the Senate and the serving on a temporary or term basis) of United by the joint explanatory statement accom- House of Representatives for approval in ac- States Citizenship and Immigration Services of panying this Act, unless the Committees on Ap- cordance with section 503 of this Act. the Department of Homeland Security who are propriations of the Senate and the House of SEC. 506. Funds made available by this Act for known as of that date as Immigration Informa- Representatives are notified 15 days in advance intelligence activities are deemed to be specifi- tion Officers, Contact Representatives, or Inves- of such reprogramming of funds. cally authorized by the Congress for purposes of tigative Assistants. (b) None of the funds provided by this Act, section 504 of the National Security Act of 1947 SEC. 514. (a) The Assistant Secretary of Home- provided by previous appropriations Acts to the (50 U.S.C. 414) during fiscal year 2010 until the land Security (Transportation Security Adminis- agencies in or transferred to the Department of enactment of an Act authorizing intelligence ac- tration) shall work with air carriers and air- Homeland Security that remain available for ob- tivities for fiscal year 2010. ports to ensure that the screening of cargo car- ligation or expenditure in fiscal year 2010, or SEC. 507. None of the funds made available by ried on passenger aircraft, as defined in section provided from any accounts in the Treasury of this Act may be used to make a grant allocation, 44901(g)(5) of title 49, United States Code, in- the United States derived by the collection of grant award, contract award, Other Trans- creases incrementally each quarter until the re- fees or proceeds available to the agencies funded action Agreement, a task or delivery order on a quirement of section 44901(g)(2)(B) of title 49 is by this Act, shall be available for obligation or Department of Homeland Security multiple met. expenditure for programs, projects, or activities award contract, or to issue a letter of intent to- (b) Not later than 45 days after the end of through a reprogramming of funds in excess of taling in excess of $1,000,000, or to announce each quarter, the Assistant Secretary shall sub- $5,000,000 or 10 percent, whichever is less, that: publicly the intention to make such an award, mit to the Committees on Appropriations of the (1) augments existing programs, projects, or ac- including a contract covered by the Federal Ac- Senate and the House of Representatives a report on air cargo inspection statistics by airport tivities; (2) reduces by 10 percent funding for quisition Regulation, unless the Secretary of and air carrier detailing the incremental any existing program, project, or activity, or Homeland Security notifies the Committees on progress being made to meet the requirement of numbers of personnel by 10 percent as approved Appropriations of the Senate and the House of section 44901(g)(2)(B) of title 49, United States by the Congress; or (3) results from any general Representatives at least 3 full business days in Code. savings from a reduction in personnel that advance of making such an award or issuing (c) Not later than 180 days after the date of would result in a change in existing programs, such a letter: Provided, That if the Secretary of the enactment of this Act, the Assistant Sec- projects, or activities as approved by the Con- Homeland Security determines that compliance retary shall submit to the Committees on Appro- gress, unless the Committees on Appropriations with this section would pose a substantial risk priations of the Senate and the House of Rep- of the Senate and the House of Representatives to human life, health, or safety, an award may resentatives, a report on how the Transpor- are notified 15 days in advance of such re- be made without notification and the Commit- tation Security Administration plans to meet the programming of funds. tees on Appropriations of the Senate and the requirement for screening all air cargo on pas- (c) Not to exceed 5 percent of any appropria- House of Representatives shall be notified not senger aircraft by the deadline under section tion made available for the current fiscal year later than 5 full business days after such an 44901(g) of title 49, United States Code. The re- for the Department of Homeland Security by award is made or letter issued: Provided further, port shall identify the elements of the system to this Act or provided by previous appropriations That no notification shall involve funds that screen 100 percent of cargo transported between Acts may be transferred between such appro- are not available for obligation: Provided fur- domestic airports at a level of security commen- priations, but no such appropriation, except as ther, That the notification shall include the surate with the level of security for the screen- otherwise specifically provided, shall be in- amount of the award, the fiscal year for which ing of passenger checked baggage. creased by more than 10 percent by such trans- the funds for the award were appropriated, and SEC. 515. Within 45 days after the end of each fers: Provided, That any transfer under this sec- the account from which the funds are being month, the Chief Financial Officer of the De- tion shall be treated as a reprogramming of drawn: Provided further, That the Federal partment of Homeland Security shall submit to funds under subsection (b) and shall not be Emergency Management Agency shall brief the the Committees on Appropriations of the Senate available for obligation unless the Committees Committees on Appropriations of the Senate and and the House of Representatives a monthly on Appropriations of the Senate and the House the House of Representatives 5 full business budget and staffing report for that month that of Representatives are notified 15 days in ad- days in advance of announcing publicly the in- includes total obligations, on-board versus fund- vance of such transfer. tention of making an award under ‘‘State and ed full-time equivalent staffing levels, and the (d) Notwithstanding subsections (a), (b), and Local Programs’’. number of contract employees for each office of (c) of this section, no funds shall be repro- SEC. 508. Notwithstanding any other provision the Department. grammed within or transferred between appro- of law, no agency shall purchase, construct, or SEC. 516. Except as provided in section 44945 priations after June 30, except in extraordinary lease any additional facilities, except within or of title 49, United States Code, funds appro- circumstances that imminently threaten the contiguous to existing locations, to be used for priated or transferred to Transportation Secu- safety of human life or the protection of prop- the purpose of conducting Federal law enforce- rity Administration ‘‘Aviation Security’’, ‘‘Ad- erty. ment training without the advance approval of ministration’’ and ‘‘Transportation Security SEC. 504. The Department of Homeland Secu- the Committees on Appropriations of the Senate Support’’ for fiscal years 2004, 2005, 2006, 2007, rity Working Capital Fund, established pursu- and the House of Representatives, except that and 2008 that are recovered or deobligated shall ant to section 403 of Public Law 103–356 (31 the Federal Law Enforcement Training Center be available only for the procurement or instal- U.S.C. 501 note), shall continue operations as a is authorized to obtain the temporary use of ad- lation of explosives detection systems, air cargo, permanent working capital fund for fiscal year ditional facilities by lease, contract, or other baggage, and checkpoint screening systems, sub- 2010: Provided, That none of the funds appro- agreement for training which cannot be accom- ject to notification: Provided, That quarterly re- priated or otherwise made available to the De- modated in existing Center facilities. ports shall be submitted to the Committees on partment of Homeland Security may be used to SEC. 509. None of the funds appropriated or Appropriations of the Senate and the House of make payments to the Working Capital Fund, otherwise made available by this Act may be Representatives on any funds that are recovered except for the activities and amounts allowed in used for expenses for any construction, repair, or deobligated. the President’s fiscal year 2010 budget: Provided alteration, or acquisition project for which a SEC. 517. Any funds appropriated to Coast further, That funds provided to the Working prospectus otherwise required under chapter 33 Guard ‘‘Acquisition, Construction, and Improve- Capital Fund shall be available for obligation of title 40, United States Code, has not been ap- ments’’ for fiscal years 2002, 2003, 2004, 2005, until expended to carry out the purposes of the proved, except that necessary funds may be ex- and 2006 for the 110–123 foot patrol boat conver- Working Capital Fund: Provided further, That pended for each project for required expenses for sion that are recovered, collected, or otherwise all departmental components shall be charged the development of a proposed prospectus. received as the result of negotiation, mediation, only for direct usage of each Working Capital SEC. 510. Sections 519, 520, 522, 528, 530, and or litigation, shall be available until expended Fund service: Provided further, That funds pro- 531 of the Department of Homeland Security Ap- for the Replacement Patrol Boat (FRC–B) provided to the Working Capital Fund shall be used propriations Act, 2008 (division E of Public Law gram.

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SEC. 518. (a) None of the funds provided by the Inspector General shall report the results of utilized as the Department’s primary data stor- this or any other Act may be obligated for the the reviews to the Committees on Appropriations age center at the highest capacity throughout development, testing, deployment, or operation of the Senate and the House of Representatives the fiscal year. of any portion of a human resources manage- no later than February 5, 2010. SEC. 529. None of the funds in this Act shall ment system authorized by section 9701(a) of SEC. 522. Except as provided in paragraphs (1) be used to reduce the United States Coast title 5, United States Code, or by regulations and (2) of this section, none of the funds pro- Guard’s Operations Systems Center mission or prescribed pursuant to such section, for an em- vided by this or previous appropriations Acts its government-employed or contract staff levels. ployee, as that term is defined in section shall be used to fund any position designated as SEC. 530. None of the funds appropriated by 7103(a)(2) of such title. a Principal Federal Official, or any successor this Act may be used to conduct, or to implement (b) The Secretary of Homeland Security shall position, for any Robert T. Stafford Disaster Re- the results of, a competition under Office of collaborate with employee representatives in the lief and Emergency Assistance Act (42 U.S.C. Management and Budget Circular A–76 for ac- manner prescribed in section 9701(e) of title 5, 5121 et seq.) declared disasters or emergencies— tivities performed with respect to the Coast United States Code, in the planning, testing, (1) The Secretary of Homeland Security may Guard National Vessel Documentation Center. and development of any portion of a human re- waive the application of this section provided SEC. 531. Section 831 of the Homeland Security sources management system that is developed, that any field position appointed pursuant to Act of 2002 (6 U.S.C. 391) is amended— tested, or deployed for persons excluded from this waiver shall not hold the title of Principal (1) in subsection (a), by striking ‘‘Until Sep- the definition of employee as that term is de- Federal Official, shall functionally report tember 30, 2009’’ and inserting ‘‘Until September fined in section 7103(a)(2) of such title. through the Federal Coordinating Officer ap- 30, 2010,’’; and SEC. 519. Section 532(a) of Public Law 109–295 pointed under section 302 of the Robert T. Staf- (2) in subsection (d)(1), by striking ‘‘September (120 Stat. 1384) is amended by striking ‘‘2009’’ ford Disaster Relief and Emergency Assistance 30, 2009,’’ and inserting ‘‘September 30, 2010,’’. and inserting ‘‘2010’’. Act (42 U.S.C. 5143), and shall be subject to the SEC. 532. The Secretary of Homeland Security SEC. 520. The functions of the Federal Law provisions of subsection (c) of section 319 of title shall require that all contracts of the Depart- Enforcement Training Center instructor staff 6, United States Code. The Secretary may not ment of Homeland Security that provide award shall be classified as inherently governmental delegate the authority to grant such a waiver. fees link such fees to successful acquisition out- for the purpose of the Federal Activities Inven- (2) Not later than 10 business days after the comes (which outcomes shall be specified in tory Reform Act of 1998 (31 U.S.C. 501 note). date on which the Secretary of Homeland Secu- terms of cost, schedule, and performance). SEC. 521. (a) Except as provided in subsection rity issues a waiver under this section, the Sec- SEC. 533. None of the funds made available to (b), none of the funds appropriated in this or retary shall submit notification of that waiver to the Office of the Secretary and Executive Man- any other Act to the Office of the Secretary and the Committees on Appropriations of the Senate agement under this Act may be expended for Executive Management, the Office of the Under and the House of Representatives, the Transpor- any new hires by the Department of Homeland Secretary for Management, or the Office of the tation and Infrastructure Committee of the Security that are not verified through the basic Chief Financial Officer, may be obligated for a House of Representatives, and the Homeland Se- pilot program (E-Verify Program) under section grant or contract funded under such headings curity and Governmental Affairs Committee of 401 of the Illegal Immigration Reform and Immi- by any means other than full and open competi- the Senate explaining the circumstances necessi- grant Responsibility Act of 1996 (8 U.S.C. 1324a tion. tating the waiver, describing the specific role of note). (b) Subsection (a) does not apply to obligation any officials appointed pursuant to the waiver, SEC. 534. None of the funds made available in of funds for a contract awarded— and outlining measures taken to ensure compli- this Act for U.S. Customs and Border Protection (1) by a means that is required by a Federal ance with subsection (c) of section 319 and sub- may be used to prevent an individual not in the statute, including obligation for a purchase sections (c)(3) and (c)(4)(A) of section 313 of title business of importing a prescription drug (with- made under a mandated preferential program, 6, United States Code. in the meaning of section 801(g) of the Federal including the AbilityOne Program, that is au- SEC. 523. None of the funds made available in Food, Drug, and Cosmetic Act) from importing a thorized under the Javits-Wagner-O’Day Act (41 this or any other Act may be used to enforce prescription drug from Canada that complies U.S.C. 46 et seq.); section 4025(1) of Public Law 108–458 unless the with the Federal Food, Drug, and Cosmetic Act: (2) pursuant to the Small Business Act (15 Assistant Secretary of Homeland Security Provided, That this section shall apply only to U.S.C. 631 et seq.); (Transportation Security Administration) re- individuals transporting on their person a per- (3) in an amount less than the simplified ac- verses the determination of July 19, 2007, that sonal-use quantity of the prescription drug, not quisition threshold described under section butane lighters are not a significant threat to to exceed a 90-day supply: Provided further, 302A(a) of the Federal Property and Administra- civil aviation security. That the prescription drug may not be— tive Services Act of 1949 (41 U.S.C. 252a(a)); or SEC. 524. Funds made available in this Act (1) a controlled substance, as defined in sec- (4) by another Federal agency using funds may be used to alter operations within the Civil tion 102 of the Controlled Substances Act (21 provided through an interagency agreement. Engineering Program of the Coast Guard na- U.S.C. 802); or (c)(1) Subject to paragraph (2), the Secretary tionwide, including civil engineering units, fa- (2) a biological product, as defined in section of Homeland Security may waive the applica- cilities design and construction centers, mainte- 351 of the Public Health Service Act (42 U.S.C. tion of this section for the award of a contract nance and logistics commands, and the Coast 262). in the interest of national security or if failure Guard Academy, except that none of the funds SEC. 535. None of the funds made available in to do so would pose a substantial risk to human provided in this Act may be used to reduce oper- this Act may be used by the Secretary of Home- health or welfare. ations within any Civil Engineering Unit unless land Security or any delegate of the Secretary to (2) Not later than 5 days after the date on specifically authorized by a statute enacted issue any rule or regulation which implements which the Secretary of Homeland Security issues after the date of the enactment of this Act. the Notice of Proposed Rulemaking related to a waiver under this subsection, the Secretary SEC. 525. None of the funds provided in this Petitions for Aliens To Perform Temporary Non- shall submit notification of that waiver to the Act shall be available to carry out section 872 of agricultural Services or Labor (H–2B) set out be- Committees on Appropriations of the Senate and the Homeland Security Act of 2002 (6 U.S.C. ginning on 70 Fed. Reg. 3984 (January 27, 2005). the House of Representatives, including a de- 452). SEC. 536. The Secretary of Homeland Security, scription of the applicable contract and an ex- SEC. 526. None of the funds made available in in consultation with the Secretary of the Treas- planation of why the waiver authority was this Act may be used by United States Citizen- ury, shall notify the Committees on Appropria- used. The Secretary may not delegate the au- ship and Immigration Services to grant an immi- tions of the Senate and the House of Represent- thority to grant such a waiver. gration benefit unless the results of background atives of any proposed transfers of funds avail- (d) In addition to the requirements established checks required by law to be completed prior to able under subsection (g)(4)(B) of title 31, by subsections (a), (b), and (c) of this section, the granting of the benefit have been received United States Code (as added by Public Law the Inspector General of the Department of by United States Citizenship and Immigration 102–393) from the Department of the Treasury Homeland Security shall review departmental Services, and the results do not preclude the Forfeiture Fund to any agency within the De- contracts awarded through means other than a granting of the benefit. partment of Homeland Security: Provided, That full and open competition to assess depart- SEC. 527. None of the funds made available in none of the funds identified for such a transfer mental compliance with applicable laws and this Act may be used to destroy or put out to may be obligated until the Committees on Ap- regulations: Provided, That the Inspector Gen- pasture any horse or other equine belonging to propriations of the Senate and the House of eral shall review selected contracts awarded in the Federal Government that has become unfit Representatives approve the proposed transfers. the previous fiscal year through means other for service, unless the trainer or handler is first SEC. 537. None of the funds made available in than a full and open competition: Provided fur- given the option to take possession of the equine this Act may be used for planning, testing, pilot- ther, That in selecting which contracts to re- through an adoption program that has safe- ing, or developing a national identification view, the Inspector General shall consider the guards against slaughter and inhumane treat- card. cost and complexity of the goods and services to ment. SEC. 538. If the Assistant Secretary of Home- be provided under the contract, the criticality of SEC. 528. None of the funds provided in this land Security (Transportation Security Adminis- the contract to fulfilling Department missions, Act under the heading ‘‘Office of the Chief In- tration) determines that an airport does not past performance problems on similar contracts formation Officer’’ shall be used for data center need to participate in the basic pilot program or by the selected vendor, complaints received development other than for Data Center One (E-Verify Program) under section 402 of the Ille- about the award process or contractor perform- (National Center for Critical Information Proc- gal Immigration Reform and Immigrant Respon- ance, and such other factors as the Inspector essing and Storage) until the Chief Information sibility Act of 1996 (8 U.S.C. 1324a note), the As- General deems relevant: Provided further, That Officer certifies that Data Center One is fully sistant Secretary shall certify to the Committees

VerDate Nov 24 2008 03:03 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 6333 E:\CR\FM\A13OC7.037 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11205 on Appropriations of the Senate and the House (4) by inserting after the item relating to Ad- bility Act of 1996 is amended by striking ‘‘Basic of Representatives that no security risks will re- jutant General’s Office of Emergency Prepared- Pilot’’ and inserting ‘‘E-Verify’’. sult from such non-participation. ness the following: (b) Section 404(h)(1) of the Illegal Immigration SEC. 539. (a) Notwithstanding any other provi- Reform and Immigrant Responsibility Act of Town of Branchville, SC ...... 1,500,000’’; sion of this Act, except as provided in subsection 1996 (Public Law 104–208; 8 U.S.C. 1324a note) is (b), and 30 days after the date that the Presi- and amended by striking ‘‘under a pilot program’’ dent determines whether to declare a major dis- (5) by striking ‘‘Public Works Department of and inserting ‘‘under this subtitle’’. aster because of an event and any appeal is the City of Santa Cruz, CA’’ and inserting SEC. 5. 552. (a) None of the funds made avail- completed, the Administrator shall submit to the ‘‘Monterey County Water Resources Agency, able in this or any other Act may be used to re- Committee on Homeland Security and Govern- CA’’. lease an individual who is detained, as of June mental Affairs of the Senate, the Committee on SEC. 542. Any official that is required by this 24, 2009, at Naval Station, Guantanamo Bay, Homeland Security of the House of Representa- Act to report or certify to the Committees on Ap- Cuba, into the continental United States, Alas- tives, the Committee on Transportation and In- propriations of the Senate and the House of ka, Hawaii, or the District of Columbia, into frastructure of the House of Representatives, the Representatives may not delegate such author- any of the United States territories of Guam, Committees on Appropriations of the Senate and ity to perform that act unless specifically au- American Samoa (AS), the United States Virgin the House of Representatives, and publish on thorized herein. Islands (USVI), the Commonwealth of Puerto the website of the Federal Emergency Manage- SEC. 543. Section 203(m) of the Robert T. Staf- Rico and the Commonwealth of the Northern ment Agency, a report regarding that decision, ford Disaster Relief and Emergency Assistance Mariana Islands (CNMI). which shall summarize damage assessment in- Act (42 U.S.C. 5133(m)) is amended by striking (b) None of the funds made available in this formation used to determine whether to declare ‘‘September 30, 2009’’ and inserting ‘‘September or any other Act may be used to transfer an in- a major disaster. 30, 2010’’. dividual who is detained, as of June 24, 2009, at (b) The Administrator may redact from a re- SEC. 544. (a) Not later than 3 months after the Naval Station, Guantanamo Bay, Cuba, into the port under subsection (a) any data that the Ad- date of enactment of this Act, the Secretary of continental United States, Alaska, Hawaii, or ministrator determines would compromise na- Homeland Security shall consult with the Secre- the District of Columbia, into any of the United tional security. taries of Defense and Transportation and de- (c) In this section— States territories of Guam, American Samoa velop a concept of operations for unmanned air- (AS), the United States Virgin Islands (USVI), (1) the term ‘‘Administrator’’ means the Ad- craft systems in the United States national air- ministrator of the Federal Emergency Manage- the Commonwealth of Puerto Rico and the Com- space system for the purposes of border and monwealth of the Northern Mariana Islands ment Agency; and maritime security operations. (2) the term ‘‘major disaster’’ has the meaning (CNMI), for the purpose of detention, except as (b) The Secretary of Homeland Security shall provided in subsection (c). given that term in section 102 of the Robert T. report to the Committees on Appropriations of (c) None of the funds made available in this or Stafford Disaster Relief and Emergency Assist- the Senate and the House of Representatives not any other Act may be used to transfer an indi- ance Act (42 U.S.C. 5122). later than 30 days after the date of enactment of SEC. 540. Notwithstanding any other provision vidual who is detained, as of June 24, 2009, at this Act on any foreseeable challenges to com- of law, should the Secretary of Homeland Secu- Naval Station, Guantanamo Bay, Cuba, into the plying with subsection (a). rity determine that the National Bio- and Agro- continental United States, Alaska, Hawaii, or SEC. 545. From unobligated amounts that are defense Facility be located at a site other than available to the Coast Guard for fiscal year 2008 the District of Columbia, into any of the United Plum Island, New York, the Secretary shall or 2009 for ‘‘Acquisition, Construction, and Im- States territories of Guam, American Samoa have the Administrator of General Services sell provements’’ for shoreside facilities and aids to (AS), the United States Virgin Islands (USVI), through public sale all real and related personal navigation at Coast Guard Sector Buffalo, the the Commonwealth of Puerto Rico and the Com- property and transportation assets which sup- Secretary of Homeland Security shall use such monwealth of the Northern Mariana Islands port Plum Island operations, subject to such sums as may be necessary to make improvements (CNMI), for the purposes of prosecuting such in- terms and conditions as necessary to protect to the land along the northern portion of Sector dividual, or detaining such individual during government interests and meet program require- Buffalo to enhance public access to the Buffalo legal proceedings, until 45 days after the plan ments: Provided, That the gross proceeds of Lighthouse and the waterfront. described in subsection (d) is received. such sale shall be deposited as offsetting collec- SEC. 546. For fiscal year 2010 and thereafter, (d) The President shall submit to Congress, in tions into the Department of Homeland Security the Secretary may provide to personnel ap- classified form, a plan regarding the proposed Science and Technology ‘‘Research, Develop- pointed or assigned to serve abroad, allowances disposition of any individual covered by sub- ment, Acquisition, and Operations’’ account and benefits similar to those provided under section (c) who is detained as of June 24, 2009. and, subject to appropriation, shall be available chapter 9 of title I of the Foreign Service Act of Such plan shall include, at a minimum, each of until expended, for site acquisition, construc- 1990 (22 U.S.C. 4081 et seq.). the following for each such individual: tion, and costs related to the construction of the SEC. 547. Section 401(b) of the Illegal Immigra- (1) A determination of the risk that the indi- National Bio- and Agro-defense Facility, includ- tion Reform and Immigrant Responsibility Act vidual might instigate an act of terrorism within ing the costs associated with the sale, including of 1996 (8 U.S.C. 1324a note) is amended by the continental United States, Alaska, Hawaii, due diligence requirements, necessary environ- striking ‘‘at the end of the 11-year period begin- the District of Columbia, or the United States mental remediation at Plum Island, and reim- ning on the first day the pilot program is in ef- territories if the individual were so transferred. bursement of expenses incurred by the General fect.’’ and inserting ‘‘on September 30, 2012.’’. (2) A determination of the risk that the indi- Services Administration which shall not exceed SEC. 548. Section 610(b) of the Departments of vidual might advocate, coerce, or incite violent 1 percent of the sale price or $5,000,000, which- Commerce, Justice, and State, the Judiciary, extremism, ideologically motivated criminal ac- ever is greater: Provided further, That after the and Related Agencies Appropriations Act, 1993 tivity, or acts of terrorism, among inmate popu- completion of construction and environmental (8 U.S.C. 1153 note) is amended by striking ‘‘for lations at incarceration facilities within the remediation, the unexpended balances of funds 15 years’’ and inserting ‘‘until September 30, continental United States, Alaska, Hawaii, the appropriated for costs in the preceding proviso 2012’’. District of Columbia, or the United States terri- shall be available for transfer to the appropriate SEC. 549. (a) In addition to collection of reg- tories if the individual were transferred to such account for design and construction of a con- istration fees described in section 244(c)(1)(B) of a facility. solidated Department of Homeland Security the Immigration and Nationality Act (8 U.S.C. (3) The costs associated with transferring the Headquarters project, excluding daily oper- 1254a(c)(1)(B)), fees for fingerprinting services, individual in question. ations and maintenance costs, notwithstanding biometric services, and other necessary services (4) The legal rationale and associated court section 503 of this Act, and the Committees on may be collected when administering the pro- demands for transfer. Appropriations of the Senate and the House of gram described in section 244 of such Act. Representatives shall be notified 15 days prior to (b) Subsection (a) shall be construed to apply (5) A plan for mitigation of any risks de- such transfer. for fiscal year 1998 and each fiscal year there- scribed in paragraphs (1), (2), and (7). SEC. 541. The explanatory statement ref- after. (6) A copy of a notification to the Governor of erenced in section 4 of Public Law 110–161 for SEC. 550. Section 550(b) of the Department of the State to which the individual will be trans- ‘‘National Predisaster Mitigation Fund’’ under Homeland Security Appropriations Act, 2007 ferred, to the Mayor of the District of Columbia Federal Emergency Management Agency is (Public Law 109–295; 6 U.S.C. 121 note) is if the individual will be transferred to the Dis- deemed to be amended— amended by striking ‘‘three years after the date trict of Columbia, or to any United States terri- (1) by striking ‘‘Dalton Fire District’’ and all of enactment of this Act’’ and inserting ‘‘on Oc- tories with a certification by the Attorney Gen- that follows through ‘‘750,000’’ and inserting the tober 4, 2010’’. eral of the United States in classified form at following: SEC. 551. (a)(1) Sections 401(c)(1), 403(a), least 14 days prior to such transfer (together 403(b)(1), 403(c)(1), and 405(b)(2) of the Illegal with supporting documentation and justifica- ‘‘Franklin Regional Council of Gov- Immigration Reform and Immigrant Responsi- tion) that the individual poses little or no secu- ernments, MA ...... 250,000 bility Act of 1996 (division C of Public Law 104– rity risk to the United States. Town of Lanesborough, MA ...... 175,000 208; 8 U.S.C. 1324a note) are amended by strik- (7) An assessment of any risk to the national University of Massachusetts, MA ... 175,000’’; ing ‘‘basic pilot program’’ each place that term security of the United States or its citizens, in- (2) by striking ‘‘Santee and’’; appears and inserting ‘‘E-Verify Program’’. cluding members of the Armed Services of the (3) by striking ‘‘3,000,000’’ and inserting (2) The heading of section 403(a) of the Illegal United States, that is posed by such transfer ‘‘1,500,000’’; Immigration Reform and Immigrant Responsi- and the actions taken to mitigate such risk.

VerDate Nov 24 2008 05:18 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 6333 E:\CR\FM\A13OC7.039 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11206 CONGRESSIONAL RECORD — HOUSE October 13, 2009 (e) None of the funds made available in this or by agency of the purposes and levels of expendi- for the demolition of improvements on such real any other Act may be used to transfer or release tures for the prior fiscal year, and shall report property, and for the costs associated with the an individual detained at Naval Station, Guan- annually thereafter. sale of such real and personal property, includ- tanamo Bay, Cuba, as of June 24, 2009, to the SEC. 555. For purposes of section 210C of the ing due diligence requirements, necessary envi- country of such individual’s nationality or last Homeland Security Act of 2002 (6 U.S.C. 124j) a ronmental remediation, and reimbursement of habitual residence or to any other country other rural area shall also include any area that is lo- expenses incurred by the General Services Ad- than the United States or to a freely associated cated in a metropolitan statistical area and a ministration: Provided further, That after the State, unless the President submits to the Con- county, borough, parish, or area under the ju- completion of such activities, the unexpended gress, in classified form, at least 15 days prior to risdiction of an Indian tribe with a population balances shall be available for any other envi- such transfer or release, the following informa- of not more than 50,000. ronmental compliance and restoration activities tion: SEC. 556. None of the funds made available in of the Coast Guard. (1) The name of any individual to be trans- this Act may be used for first-class travel by the SEC. 560. (a) None of the funds made available ferred or released and the country or the freely employees of agencies funded by this Act in con- by this Act may be obligated for construction of associated State to which such individual is to travention of sections 301–10.122 through 301.10– the National Bio- and Agro-defense Facility on be transferred or released. 124 of title 41, Code of Federal Regulations. the United States mainland until 30 days after (2) An assessment of any risk to the national SEC. 557. None of the funds made available in the later of: security of the United States or its citizens, in- this Act may be used to propose or effect a dis- (1) the date on which the Secretary of Home- cluding members of the Armed Services of the ciplinary or adverse action, with respect to any land Security submits to the Committee on Ap- United States, that is posed by such transfer or Department of Homeland Security employee who propriations of the Senate and the House of release and the actions taken to mitigate such engages regularly with the public in the per- Representatives a site-specific bio-safety and risk. formance of his or her official duties solely be- bio-security mitigation risk assessment, which (3) The terms of any agreement with the coun- cause that employee elects to utilize protective includes an integrated set of analyses using try or the freely associated State for the accept- equipment or measures, including but not lim- plume modeling and epidemiologic impact mod- ance of such individual, including the amount ited to surgical masks, N95 respirators, gloves, or eling, to determine the requirements necessary of any financial assistance related to such hand-sanitizers, where use of such equipment or to ensure safe operation of the National Bio- agreement. measures is in accord with Department of Home- and Agro-defense Facility at the approved Man- (f) None of the funds made available in this land Security policy, and Centers for Disease hattan, Kansas, site identified in the January Act may be used to provide any immigration Control and Prevention and Office of Personnel 16, 2009, record of decision published in Federal benefit (including a visa, admission into the Management guidance. Register Vol. 74, Number 11, and the results of United States or any of the United States terri- SEC. 558. None of the funds made available in the National Academy of Sciences’ review of the tories, parole into the United States or any of this Act may be used to employ workers de- risk assessment as described in paragraph (b): the United States territories (other than parole scribed in section 274A(h)(3) of the Immigration Provided, That the integrated set of analyses is for the purposes of prosecution and related de- and Nationality Act (8 U.S.C. 1324a(h)(3)). to determine the extent of the dispersion of the tention), or classification as a refugee or appli- SEC. 559. (a) Subject to subsection (b), none of foot-and-mouth virus following a potential lab- cant for asylum) to any individual who is de- the funds appropriated or otherwise made avail- oratory spill, the potential spread of foot-and- tained, as of June 24, 2009, at Naval Station, able by this Act may be available to operate the mouth disease in the surrounding susceptible Guantanamo Bay, Cuba. Loran-C signal after January 4, 2010. animal population, and its economic impact: (g) In this section, the term ‘‘freely associated (b) The limitation in subsection (a) shall take Provided further, That the integrated set of States’’ means the Federated States of Micro- effect only if: analyses should also take into account specific nesia (FSM), the Republic of the Marshall Is- (1) the Commandant of the Coast Guard cer- local, State, and national risk mitigation strate- lands (RMI), and the Republic of Palau. tifies that the termination of the operation of gies; or (h) Prior to the termination of detention oper- the Loran-C signal as of the date specified in (2) the date on which the Secretary of Home- ations at Naval Station, Guantanamo Bay, subsection (a) will not adversely impact the land Security, in coordination with the Sec- Cuba, the President shall submit to the Congress safety of maritime navigation; and retary of Agriculture, submits to the Committees a report in classified form describing the disposi- (2) the Secretary of Homeland Security cer- on Appropriations of the Senate and the House tion or legal status of each individual detained tifies that the Loran-C system infrastructure is of Representatives a report that: at the facility as of the date of enactment of this not needed as a backup to the Global Posi- (A) describes the procedure that will be used Act. tioning System or to meet any other Federal to issue the permit to conduct foot-and-mouth SEC. 553. Section 44903(j)(2)(C) of title 49, navigation requirement. disease live virus research under section 7524 of United States Code, is amended by adding at the (c) If the certifications described in subsection the Food, Conservation, and Energy Act of 2008 end the following new clause: (b) are made, the Coast Guard shall, com- (21 U.S.C. 113a note; Public Law 110–246); and ‘‘(v) INCLUSION OF DETAINEES ON NO FLY mencing January 4, 2010, terminate the oper- (B) includes plans to establish an emergency LIST.—The Assistant Secretary, in coordination ation of the Loran-C signal and commence a response plan with city, regional, and State offi- with the Terrorist Screening Center, shall in- phased decommissioning of the Loran-C system cials in the event of an accidental release of clude on the No Fly List any individual who infrastructure. foot-and-mouth disease or another hazardous was a detainee held at the Naval Station, Guan- (d) Not later than 30 days after such certifi- pathogen. tanamo Bay, Cuba, unless the President cer- cations pursuant to subsection (b), the Com- (b) With regard to the integrated set of anal- tifies in writing to Congress that the detainee mandant shall submit to the Committees on Ap- yses included in the mitigation risk assessment poses no threat to the United States, its citizens, propriations of the Senate and House of Rep- required under paragraph (a)(1), the Secretary or its allies. For purposes of this clause, the resentatives a report setting forth a proposed of Homeland Security shall enter into a contract term ‘detainee’ means an individual in the cus- schedule for the phased decommissioning of the with the National Academy of Sciences to evalu- tody or under the physical control of the United Loran-C system infrastructure in the event of ate the mitigation risk assessment required by States as a result of armed conflict.’’. the decommissioning of such infrastructure in subsection (a)(1) of this section and to submit a SEC. 554. For fiscal year 2010 and thereafter, accordance with subsection (c). Letter Report: Provided, That such contract the Secretary of Homeland Security may collect (e) If the certifications described in subsection shall be entered into within 90 days from the fees from any non-Federal participant in a con- (b) are made, the Secretary of Homeland Secu- date of enactment of this Act, and the National ference, seminar, exhibition, symposium, or simi- rity, acting through the Commandant of the Academy of Sciences shall complete its assess- lar meeting conducted by the Department of Coast Guard, may, notwithstanding any other ment and submit its Letter Report within four Homeland Security in advance of the con- provision of law, sell any real and personal months after the date the Department of Home- ference, either directly or by contract, and those property under the administrative control of the land Security concludes the risk assessment. fees shall be credited to the appropriation or ac- Coast Guard and used for the Loran-C system, SEC. 561. (a) SHORT TITLE.—This section may count from which the costs of the conference, by directing the Administrator of General Serv- be cited as the ‘‘American Communities’ Right seminar, exhibition, symposium, or similar meet- ices to sell such real and personal property, sub- to Public Information Act’’. (b) IN GENERAL.—Section 70103(d) of title 46, ing are paid and shall be available to pay the ject to such terms and conditions that the Sec- United States Code, is amended to read as fol- costs of the Department of Homeland Security retary believes to be necessary to protect govern- lows: with respect to the conference or to reimburse ment interests and program requirements of the ‘‘(d) NONDISCLOSURE OF INFORMATION.— the Department for costs incurred with respect Coast Guard: Provided, That the proceeds, less ‘‘(1) IN GENERAL.—Information developed to the conference: Provided, That in the event the costs of sale incurred by the General Serv- under this section or sections 70102, 70104, and the total amount of fees collected with respect to ices Administration, shall be deposited as offset- 70108 is not required to be disclosed to the pub- a conference exceeds the actual costs of the De- ting collections into the Coast Guard ‘‘Environ- lic, including— partment of Homeland Security with respect to mental Compliance and Restoration’’ account ‘‘(A) facility security plans, vessel security the conference, the amount of such excess shall and, subject to appropriation, shall be available plans, and port vulnerability assessments; and be deposited into the Treasury as miscellaneous until expended for environmental compliance ‘‘(B) other information related to security receipts: Provided further, That the Secretary and restoration purposes associated with the plans, procedures, or programs for vessels or fa- shall provide a report to the Committees on Ap- Loran-C system, for the costs of securing and cilities authorized under this section or sections propriations of the Senate and the House of maintaining equipment that may be used as a 70102, 70104, and 70108. Representatives not later than January 5, 2011, backup to the Global Positioning System or to ‘‘(2) LIMITATIONS.—Nothing in paragraph (1) providing the level of collections and a summary meet any other Federal navigation requirement, shall be construed to authorize the designation

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of information as sensitive security information (III) by striking item (cc); and (1) IN GENERAL.—For any photograph de- (as defined in section 1520.5 of title 49, Code of (ii) by adding after subclause (III) the fol- scribed under subsection (c)(1), the Secretary of Federal Regulations)— lowing: Defense shall issue a certification if the Sec- ‘‘(A) to conceal a violation of law, ineffi- ‘‘(IV) the uniform accessibility of bonds and retary of Defense determines that disclosure of ciency, or administrative error; obligations issued under the American Recovery that photograph would endanger citizens of the ‘‘(B) to prevent embarrassment to a person, and Reinvestment Act of 2009;’’; and United States, members of the United States organization, or agency; (D) by inserting after clause (i) the following: Armed Forces, or employees of the United States ‘‘(C) to restrain competition; or ‘‘(ii) to facilitate interstate commerce through Government deployed outside the United States. ‘‘(D) to prevent or delay the release of infor- the issuance of bonds and obligations under any (2) CERTIFICATION EXPIRATION.—A certifi- mation that does not require protection in the provision of State law, including bonds and ob- cation and a renewal of a certification issued interest of transportation security, including ligations for the purpose of economic develop- pursuant to subsection (d)(3) shall expire 3 basic scientific research information not clearly ment, education, and improvements to infra- years after the date on which the certification related to transportation security.’’. structure; and’’. or renewal, is issued by the Secretary of De- (c) CONFORMING AMENDMENTS.— (b) RULE OF CONSTRUCTION.—Section 44(f)(2) fense. (1) Section 114(r) of title 49, United States of the Federal Deposit Insurance Act (12 U.S.C. (3) CERTIFICATION RENEWAL.—The Secretary Code, is amended by adding at the end thereof 1831u(f)(2)) is amended— of Defense may issue— the following: (1) by redesignating subparagraphs (A) and (A) a renewal of a certification at any time; ‘‘(4) LIMITATIONS.—Nothing in this sub- (B) as clauses (i) and (ii), respectively, and mov- and section, or any other provision of law, shall be ing the margins 2 ems to the right; (B) more than 1 renewal of a certification. construed to authorize the designation of infor- (2) by striking ‘‘No provision’’ and inserting (4) NOTICE TO CONGRESS.—The Secretary of mation as sensitive security information (as de- the following: Defense shall provide Congress a timely notice fined in section 1520.5 of title 49, Code of Fed- ‘‘(A) IN GENERAL.—No provision’’; and of the Secretary’s issuance of a certification and eral Regulations)— (3) by adding at the end the following: of a renewal of a certification. ‘‘(A) to conceal a violation of law, ineffi- ‘‘(B) APPLICABILITY.—This subsection shall be (e) RULE OF CONSTRUCTION.—Nothing in this ciency, or administrative error; construed to apply to any loan or discount section shall be construed to preclude the vol- ‘‘(B) to prevent embarrassment to a person, made, or note, bill of exchange, financing trans- untary disclosure of a protected document. organization, or agency; action, or other evidence of debt, originated by (f) EFFECTIVE DATE.—This section shall take ‘‘(C) to restrain competition; or an insured depository institution, a govern- effect on the date of enactment of this Act and ‘‘(D) to prevent or delay the release of infor- mental entity located in such State, or a person apply to any protected document. mation that does not require protection in the that is not a depository institution described in SEC. 566. The administrative law judge annu- interest of transportation security, including subparagraph (A) doing business in such itants participating in the Senior Administrative basic scientific research information not clearly State.’’. Law Judge Program managed by the Director of related to transportation security.’’. (c) EFFECTIVE PERIOD.—The amendments the Office of Personnel Management under sec- (2) Section 40119(b) of title 49, United States made by this section shall apply with respect to tion 3323 of title 5, United States Code, shall be Code, is amended by adding at the end thereof contracts consummated during the period begin- available on a temporary reemployment basis to the following: ning on the date of enactment of this Act and conduct arbitrations of disputes as part of the ‘‘(3) Nothing in paragraph (1) shall be con- ending on December 31, 2010. arbitration panel established by the President strued to authorize the designation of informa- SEC. 564. (a) SHORT TITLE.—This section may under section 601 of division A of the American tion as sensitive security information (as defined be cited as the ‘‘OPEN FOIA Act of 2009’’. Recovery and Reinvestment Act of 2009 (Public in section 15.5 of title 49, Code of Federal Regu- (b) SPECIFIC CITATIONS IN STATUTORY EXEMP- Law 111–5; 123 Stat. 164). lations)— TIONS.—Section 552(b) of title 5, United States SEC. 567. (a) IN GENERAL.—Any company that ‘‘(A) to conceal a violation of law, ineffi- Code, is amended by striking paragraph (3) and collects or retains personal information directly ciency, or administrative error; inserting the following: from individuals who participated in the Reg- ‘‘(B) to prevent embarrassment to a person, ‘‘(3) specifically exempted from disclosure by istered Traveler program shall safeguard and organization, or agency; ‘‘(C) to restrain competition; or statute (other than section 552b of this title), if dispose of such information in accordance with ‘‘(D) to prevent or delay the release of infor- that statute— the requirements in— mation that does not require protection in the ‘‘(A)(i) requires that the matters be withheld (1) the National Institute for Standards and interest of transportation security, including from the public in such a manner as to leave no Technology Special Publication 800–30, entitled basic scientific research information not clearly discretion on the issue; or ‘‘Risk Management Guide for Information Tech- related to transportation security.’’. ‘‘(ii) establishes particular criteria for with- nology Systems’’; and (2) the National Institute for Standards and SEC. 562. Section 4 of the Act entitled ‘‘An Act holding or refers to particular types of matters to prohibit the introduction, or manufacture for to be withheld; and Technology Special Publication 800–53, Revision introduction, into interstate commerce of switch- ‘‘(B) if enacted after the date of enactment of 3, entitled ‘‘Recommended Security Controls for blade knives, and for other purposes’’ (com- the OPEN FOIA Act of 2009, specifically cites to Federal Information Systems and Organiza- monly known as the Federal Switchblade Act) this paragraph.’’. tions,’’; (15 U.S.C. 1244) is amended— SEC. 565. (a) SHORT TITLE.—This section may (3) any supplemental standards established by (1) by striking ‘‘or’’ at the end of paragraph be cited as the ‘‘Protected National Security the Assistant Secretary, Transportation Security (3); Documents Act of 2009’’. Administration (referred to in this section as the (2) by striking the period at the end of para- (b) Notwithstanding any other provision of ‘‘Assistant Secretary’’). graph (4) and inserting ‘‘; or’’ and the law to the contrary, no protected document, (b) CERTIFICATION.—The Assistant Secretary (3) by adding at the end the following: as defined in subsection (c), shall be subject to shall require any company through the spon- ‘‘(5) a knife that contains a spring, detent, or disclosure under section 552 of title 5, United soring entity described in subsection (a) to pro- other mechanism designed to create a bias to- States Code or any proceeding under that sec- vide, not later than 30 days after the date of the ward closure of the blade and that requires ex- tion. enactment of this Act, written certification to ertion applied to the blade by hand, wrist, or (c) DEFINITIONS.—In this section: the sponsoring entity that such procedures are arm to overcome the bias toward closure to as- (1) PROTECTED DOCUMENT.—The term ‘‘pro- consistent with the minimum standards estab- sist in opening the knife.’’. tected document’’ means any record— lished under paragraph (a)(1–3) with a descrip- SEC. 563. (a) APPLICABLE ANNUAL PERCENTAGE (A) for which the Secretary of Defense has tion of the procedures used to comply with such RATE OF INTEREST.—Section 44(f)(1) of the Fed- issued a certification, as described in subsection standards. eral Deposit Insurance Act (12 U.S.C. (d), stating that disclosure of that record would (c) REPORT.—Not later than 90 days after the 1831u(f)(1)) is amended— endanger citizens of the United States, members date of the enactment of this Act, the Assistant (1) in the matter preceding subparagraph (A), of the United States Armed Forces, or employees Secretary shall submit a report to Congress by inserting ‘‘(or in the case of a governmental of the United States Government deployed out- that— entity located in such State, paid)’’ after ‘‘reside the United States; and (1) describes the procedures that have been ceived, or reserved’’; and (B) that is a photograph that— used to safeguard and dispose of personal infor- (2) in subparagraph (B)— (i) was taken during the period beginning on mation collected through the Registered Trav- (A) in the matter preceding clause (i), by September 11, 2001, through January 22, 2009; eler program; and striking ‘‘nondepository institution operating in and (2) provides the status of the certification by such State’’ and inserting ‘‘governmental entity (ii) relates to the treatment of individuals en- any company described in subsection (a) that located in such State or any person that is not gaged, captured, or detained after September 11, such procedures are consistent with the min- a depository institution described in subpara- 2001, by the Armed Forces of the United States imum standards established by paragraph (a)(1– graph (A) doing business in such State’’; in operations outside of the United States. 3). (B) by redesignating clause (ii) as clause (iii); (2) PHOTOGRAPH.—The term ‘‘photograph’’ SEC. 568. (a) SPECIAL IMMIGRANT NONMINISTER (C) in clause (i)— encompasses all photographic images, whether RELIGIOUS WORKER PROGRAM AND OTHER IMMI- (i) in subclause (III)— originals or copies, including still photographs, GRATION PROGRAMS.— (I) in item (aa), by adding ‘‘and’’ at the end; negatives, digital images, films, video tapes, and (1) EXTENSION.—Subclauses (II) and (III) of (II) in item (bb), by striking ‘‘, to facilitate’’ motion pictures. section 101(a)(27)(C)(ii) of the Immigration and and all that follows through ‘‘2009’’; and (d) CERTIFICATION.— Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) are

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amended by striking ‘‘September 30, 2009,’’ each ‘‘(2) ALIEN DESCRIBED.—An alien described in SEC. 574. From the unobligated balances of place such term appears and inserting ‘‘Sep- this paragraph is an alien who, immediately prior year appropriations made available for tember 30, 2012,’’. prior to the death of his or her qualifying rel- ‘‘Analysis and Operations’’, $2,358,000 are re- (2) STUDY AND PLAN.—Not later than 180 days ative, was— scinded. after the date of the enactment of this Act, the ‘‘(A) the beneficiary of a pending or approved SEC. 575. From the unobligated balances of Director of United States Citizenship and Immi- petition for classification as an immediate rel- prior year appropriations made available for gration Services shall submit a report to the ative (as described in section 201(b)(2)(A)(i)); National Protection and Programs Directorate Committee on the Judiciary of the Senate and ‘‘(B) the beneficiary of a pending or approved ‘‘Infrastructure Protection and Information Se- the Committee on the Judiciary of the House of petition for classification under section 203 (a) curity’’, $8,000,000 are rescinded. Representatives that includes— or (d); SEC. 576. From the unobligated balances of (A) the results of a study conducted under the ‘‘(C) a derivative beneficiary of a pending or prior year appropriations made available for approved petition for classification under sec- supervision of the Director to evaluate the Spe- Science and Technology ‘‘Research, Develop- tion 203(b) (as described in section 203(d)); cial Immigrant Nonminister Religious Worker ment, Acquisition, and Operations’’, $6,944,148 Program to identify the risks of fraud and non- ‘‘(D) the beneficiary of a pending or approved refugee/asylee relative petition under section 207 are rescinded. compliance by program participants; and SEC. 577. From the unobligated balances of (B) a detailed plan that describes the actions or 208; ‘‘(E) an alien admitted in ‘T’ nonimmigrant prior year appropriations made available for to be taken by United States Citizenship and status as described in section 101(a)(15)(T)(ii) or Domestic Nuclear Detection Office ‘‘Research, Immigration Services to improve the integrity of in ‘U’ nonimmigrant status as described in sec- Development, and Operations’’, $8,000,000 are the program. tion 101(a)(15)(U)(ii); or rescinded. (3) PROGRESS REPORT.—Not later than 240 ‘‘(F) an asylee (as described in section SEC. 578. From the unobligated balances of days after the submission of the report under 208(b)(3)).’’. prior year appropriations made available for paragraph (2), the Director of United States (2) CONSTRUCTION.—Nothing in the amend- Transportation Security Administration ‘‘Re- Citizenship and Immigration Services shall sub- ment made by paragraph (1) may be construed search and Development’’, $4,000,000 are remit a report to the Committee on the Judiciary to limit or waive any ground of removal, basis scinded. of the Senate and the Committee on the Judici- for denial of petition or application, or other SEC. 579. From the unobligated balances of ary of the House of Representatives that de- criteria for adjudicating petitions or applica- prior year appropriations made available for scribes the progress made in implementing the tions as otherwise provided under the immigra- Coast Guard ‘‘Acquisition, Construction, and plan described in clause (a)(2)(B) of this section. tion laws of the United States other than ineli- Improvements’’, $800,000 are rescinded: Pro- (b) CONRAD STATE 30 J–1 VISA WAIVER PRO- gibility based solely on the lack of a qualifying vided, That these rescissions shall be taken from GRAM.—Section 220(c) of the Immigration and family relationship as specifically provided by completed projects. Nationality Technical Corrections Act of 1994 (8 such amendment. SEC. 580. Of the amounts available under the U.S.C. 1182 note) is amended by striking ‘‘Sep- (e) CONFORMING AMENDMENT TO AFFIDAVIT OF heading ‘‘Counterterrorism Fund’’, $5,600,000 tember 30, 2009’’ and inserting ‘‘September 30, SUPPORT REQUIREMENT.—Section 213A(f)(5) of are rescinded. 2012’’. the Immigration and Nationality Act (8 U.S.C. This Act may be cited as the ‘‘Department of ELIEF FOR SURVIVING SPOUSES.— (c) R 1183a(5)) is amended by striking clauses (i) and Homeland Security Appropriations Act, 2010’’. (1) IN GENERAL.—The second sentence of sec- (ii) and inserting: And the Senate agree to the same. tion 201(b)(2)(A)(i) of the Immigration and Na- ‘‘(i) the individual petitioning under section DAVID R. OBEY, tionality Act (8 U.S.C. 1151(b)(2)(A)(i)) is 204 of this Act for the classification of such DAVID E. PRICE, amended by striking ‘‘for at least 2 years at the alien died after the approval of such petition, JOSE´ E. SERRANO, time of the citizen’s death’’. and the Secretary of Homeland Security has de- CIRO D. RODRIGUEZ, (2) APPLICABILITY.— termined for humanitarian reasons that revoca- C.A. DUTCH (A) IN GENERAL.—The amendment made by tion of such petition under section 205 would be RUPPERSBERGER, paragraph (1) shall apply to all applications inappropriate; or and petitions relating to immediate relative sta- ALAN B. MOLLOHAN, ‘‘(ii) the alien’s petition is being adjudicated NITA M. LOWEY, tus under section 201(b)(2)(A)(i) of the Immigra- pursuant to section 204(l) (surviving relative tion and Nationality Act (8 U.S.C. LUCILLE ROYBAL-ALLARD, consideration).’’. SAM FARR, 1151(b)(2)(A)(i)) pending on or after the date of SEC. 569. Notwithstanding any other provision STEVEN R. ROTHMAN, the enactment of this Act. of this Act, none of the funds appropriated or Managers on the Part of the House. (B) TRANSITION CASES.— otherwise made available by this Act may be (i) IN GENERAL.—Notwithstanding any other used to pay award or incentive fees for con- ROBERT C. BYRD, provision of law, an alien described in clause (ii) tractor performance that has been judged to be DANIEL K. INOUYE, who seeks immediate relative status pursuant to below satisfactory performance or performance PATRICK J. LEAHY the amendment made by paragraph (1) shall file that does not meet the basic requirements of a (with a reservation a petition under section 204(a)(1)(A)(ii) of the contract. on the EB–5 agree- Immigration and Nationality Act (8 U.S.C. SEC. 570. None of the funds appropriated or ment), 1154(a)(1)(A)(ii)) not later than the date that is otherwise made available by this Act may be BARBARA A. MIKULSKI, 2 years after the date of the enactment of this used by the Department of Homeland Security PATTY MURRAY, Act. to enter into any federal contract unless such MARY L. LANDRIEU, (ii) ALIENS DESCRIBED.—An alien is described contract is entered into in accordance with the FRANK R. LAUTENBERG, in this clause if— requirements of the Federal Property and Ad- JON TESTER, (I) the alien’s United States citizen spouse ministrative Services Act of 1949 (41 U.S.C. 253) ARLEN SPECTER, died before the date of the enactment of this or Chapter 137 of title 10, United States Code, GEORGE V. VOINOVICH, Act; and the Federal Acquisition Regulation, unless THAD COCHRAN, (II) the alien and the citizen spouse were mar- such contract is otherwise authorized by statute JUDD GREGG, ried for less than 2 years at the time of the cit- to be entered into without regard to the above RICHARD C. SHELBY, izen spouse’s death; and referenced statutes. SAM BROWNBACK, (III) the alien has not remarried. SEC. 571. (a) Funds made available by this Act LISA MURKOWSKI, (d) SURVIVING RELATIVE CONSIDERATION FOR solely for data center migration may be trans- Managers on the Part of the Senate. CERTAIN PETITIONS AND APPLICATIONS.— ferred by the Secretary between appropriations JOINT EXPLANATORY STATEMENT (1) AMENDMENT.—Section 204 of the Immigra- for the same purpose, notwithstanding section tion and Nationality Act (8 U.S.C. 1154) is 503 of this Act. The managers on the part of the House and amended by adding at the end the following: (b) No transfer described in (a) shall occur Senate at the conference on the disagreeing ‘‘(l) SURVIVING RELATIVE CONSIDERATION FOR until 15 days after the Committees on Appro- votes of the two Houses on the amendment CERTAIN PETITIONS AND APPLICATIONS.— priations of the Senate and the House and Rep- of the Senate to the bill (H.R. 2892), making ‘‘(1) IN GENERAL.—An alien described in para- resentatives are notified of such transfer. appropriations for the Department of Home- graph (2) who resided in the United States at SEC. 572. Specific projects contained in the re- land Security (DHS) for the fiscal year end- the time of the death of the qualifying relative port of the Committee on Appropriations of the ing September 30, 2010, and for other pur- and who continues to reside in the United States House of Representatives accompanying this Act poses, submit the following joint statement shall have such petition described in paragraph (H. Rept. 111–157) that are considered congres- to the House and the Senate in explanation (2), or an application for adjustment of status to sional earmarks for purposes of clause 9 of rule of the effects of the action agreed upon by that of a person admitted for lawful permanent XXI of the Rules of the House of Representa- the managers and recommended in the ac- residence based upon the family relationship de- tives, when intended to be awarded to a for- companying conference report. scribed in paragraph (2), and any related appli- profit entity, shall be awarded under a full and Senate amendment: The Senate deleted the cations, adjudicated notwithstanding the death open competition. entire House bill after the enacting clause of the qualifying relative, unless the Secretary SEC. 573. From unobligated balances for fiscal and inserted the Senate bill. The conference of Homeland Security determines, in the year 2009 made available for Federal Emergency agreement includes a revised bill. unreviewable discretion of the Secretary, that Management Agency ‘‘Trucking Industry Secu- The language and allocations contained in approval would not be in the public interest. rity Grants’’, $5,572,000 are rescinded. House Report 111–157 and Senate Report 111–

VerDate Nov 24 2008 05:18 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.048 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11209 31 should be complied with unless specifi- positions and high unexpended balances from The conferees require a detailed explanation cally addressed to the contrary in the con- previously appropriated funds within certain of how and for what purpose these funds are ference report and joint explanatory state- offices. Funding shall be allocated as follows: being allocated as part of the fiscal year 2010 ment. While repeating some report language expenditure plan. The conferees urge the De- Immediate Office of the for emphasis, this joint explanatory state- partment to ensure this funding does not Secretary ...... $5,061,000 ment does not intend to negate the language create parallel structures or needlessly du- Immediate Office of the referred to above unless expressly provided plicate existing efforts. Contractor support Deputy Secretary ...... 1,810,000 herein. In cases where both the House and for both initiatives shall not exceed 25 per- Chief of Staff ...... 2,595,000 Senate reports address a particular issue not cent. specifically addressed in the conference re- Office of Counternarcotics Enforcement ...... 3,612,000 Quadrennial Homeland Security Review port or joint explanatory statement, the As mandated by section 2401 of the 9/11 Act, Committees have determined the House re- Executive Secretary ...... 7,800,000 Office of Policy ...... 51,564,000 the Department is developing a Quadrennial port and the Senate report are not incon- Homeland Security Review (QHSR), includ- sistent and are to be interpreted accordingly. Office of Public Affairs ...... 5,991,000 Office of Legislative Af- ing a budget plan required to carry out the When this joint explanatory statement re- findings of the review. The DHS budget fers to the Committees or the Committees on fairs ...... 6,797,000 Office of Intergovern- should be derived from a strategic policy re- Appropriations, unless otherwise noted, this view that fully considers threat, risk, and reference is to the House Appropriations mental Affairs ...... 2,800,000 Office of General Counsel .. 24,028,000 mission requirements. Such a policy review Subcommittee on Homeland Security and should not be driven by outyear financial the Senate Appropriations Subcommittee on Office for Civil Rights and Civil Liberties ...... 21,104,000 projections contained in the budget. There- the Department of Homeland Security. fore, any budget projections included in the Any reference to the Secretary shall be in- Citizenship and Immigra- QHSR should be based on actual needs to suf- terpreted to mean the Secretary of Home- tion Services Ombuds- ficiently carry out the long-term strategy land Security; any reference to a Depart- man ...... 6,685,000 and priorities for homeland security. mental component shall be interpreted to Privacy Officer ...... 7,971,000 mean directorates, components, agencies, of- Office of Intergovernmental Affairs fices, or other organizations in the Depart- Total ...... $147,818,000 The conference agreement provides ment of Homeland Security; any reference to Travel Costs Consolidation $2,800,000 for the Office of Intergovernmental ‘‘full-time equivalents’’ shall be referred to The conference agreement approves the Affairs as proposed by the House instead of as FTE; and any reference to ‘‘program, shift of $1,278,000 from other accounts to the $2,600,000 as proposed by the Senate. The project, and activity’’ shall be referred to as Immediate Office of the Secretary and name of this office has been modified as pro- PPA. $370,000 from other accounts to the Imme- posed by the Senate. This office has been Finally, this joint explanatory statement diate Office of the Deputy Secretary to pay moved from the Federal Emergency Manage- refers to certain laws and organizations as all costs associated with the DHS’s use of ment Agency as requested, and is assuming a follows: Implementing Recommendations of government aircraft in support of the Sec- new role. The Secretary is required to the 9/11 Commission Act of 2007, Public Law retary’s and Deputy Secretary’s travel, as present a detailed organizational plan for the 110–53, is referenced as the 9/11 Act; Security proposed by the Senate. Previously, compo- office as outlined in the House report. And Accountability For Every Port Act of nents paid a portion of the total government Office of General Counsel 2006, Public Law 109–347, is referenced as the aircraft cost for personnel traveling in sup- The conference agreement provides SAFE Port Act; the American Recovery and port of the Secretary or Deputy Secretary. $24,028,000 for the Office of General Counsel Reinvestment Act of 2009, Public Law 111–5, This resulted in multiple interagency agree- as proposed by the House and Senate. The is referenced as ARRA; the Department of ments and an unnecessary administrative conferees direct the Office of General Coun- Homeland Security is referenced as DHS; the burden. The intent of this consolidation is to sel to hire an additional attorney with exper- Government Accountability Office is ref- provide a more efficient means of disbursing tise in appropriations law within the amount erenced as GAO; and the Office of Inspector payment for these costs. The conference re- made available for this office, as proposed by General of the Department of Homeland Se- port includes language to ensure that compo- the Senate. curity is referenced as the IG. nents are no longer charged for these costs. Office for Civil Rights and Civil Liberties Classified Programs Immediate Office of the Deputy Secretary The conference agreement provides Recommended adjustments to classified $21,104,000 for the Office for Civil Rights and programs are addressed in a classified annex The conference agreement provides $1,810,000 for the Immediate Office of the Civil Liberties instead of $22,104,000 as pro- accompanying this joint explanatory state- posed by the House and Senate. A small re- ment. The DHS Office of the Chief Financial Deputy Secretary as proposed by the Senate instead of $1,440,000 as proposed by the duction below the House and Senate levels is Officer is directed to ensure the material made as this office will likely lapse appro- contained in this annex is appropriately dis- House. The conferees expect the Deputy Sec- retary and Department to follow the direc- priated funds in fiscal year 2009. The con- seminated to the relevant Departmental ferees encourage the use of authority under components. tion outlined in the Senate report regarding coordination of efforts to secure chemical fa- section 505 of this Act making 50 percent of TITLE I—DEPARTMENTAL cilities and ensure prompt and effective those balances available in fiscal year 2010. MANAGEMENT AND OPERATIONS after-accident safety investigations, includ- The conferees direct the office to submit an Departmental Operations ing the reporting and briefing requirements. expenditure plan no later than 60 days after The conference agreement provides a total the date of enactment of this Act, as out- Office of Counternarcotics Enforcement of $1,135,961,000 for Departmental Operations, lined in the Senate report. 17 percent above the fiscal year 2009 enacted The conference agreement provides Supporting Strategic Goals for Border level (excluding ARRA funding) to address $3,612,000 for the Office of Counternarcotics Security Enforcement instead of $3,712,000 as proposed well documented shortfalls and challenges Since DHS was established, the Commit- by the House and $3,718,000 as proposed by facing the Department’s management com- tees have consistently supported robust en- the Senate. The Office of Counternarcotics ponents. Significant increases above last forcement efforts along both the Southwest Enforcement is directed to submit a per- year’s enacted level are provided to strength- and Northern borders with substantial ap- formance report on its activities to the Com- en policy development and coordination, en- propriations, consistently above annual mittees as outlined in the Senate report. The hance procurement oversight, modernize fi- budget requests, for each Departmental com- Secretary is directed to report by January nancial and information technology systems, ponent responsible for carrying out aspects 15, 2010, on whether it would be appropriate and accelerate the process of bringing quali- of DHS’s border security and counter-smug- to shift the functions of this office into the fied new staff on board. It is imperative that gling missions. Targeted enhancements for Office of Policy or other Departmental office these resources be used effectively to man- fiscal year 2010 are identified under relevant under this title. age the Department’s many missions. It is sections of this statement. The conferees di- also critical that the Department end its Office of Policy rect the Secretary to clearly identify re- overreliance on contractors and develop the The conference agreement provides quested resources that support and align government staff and expertise necessary to $51,564,000 for the Office of Policy as proposed with the specific goals and objectives of the perform these services. by both the House and Senate. The Office of National Southwest Border Counternarcotics OFFICE OF THE SECRETARY AND EXECUTIVE Policy is directed to provide an expenditure Strategy, released on June 5, 2009, and the MANAGEMENT plan no later than 60 days after the date of U.S. Customs and Border Protection’s North- The conference agreement provides enactment of this Act, as outlined in the ern Border Strategy, released on August 27, $147,818,000 for the Office of the Secretary Senate report. The conference report in- 2009, in the fiscal year 2011 congressional and Executive Management instead of cludes a statutory provision withholding budget justifications for U.S. Customs and $117,727,000 as proposed by the House and $15,000,000 until the expenditure plan is sub- Border Protection, U.S. Immigration and $149,268,000 as proposed by the Senate. mitted. A total of $5,000,000 is included for Customs Enforcement, Coast Guard, Intel- Reductions are made to the budget request the integrated requirements process and the ligence and Analysis, and any other relevant due to delays in filling full-time permanent Intermodal Security Coordination Office. Departmental components.

VerDate Nov 24 2008 05:18 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.052 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11210 CONGRESSIONAL RECORD — HOUSE October 13, 2009 User Fees Salaries and Expenses clude: the number of new hires pending secu- The conferees direct the Secretary to re- (from above subtotal) .. [32,604,000] rity or suitability clearance; the number of port on actual fiscal year 2009 user fee collec- Human Resources (from open vacancies; and the number of selection tions and updated projections for fiscal year above subtotal) ...... [10,000,000] referral lists pending with management. The 2010 fee collections across all relevant DHS Office of the Chief Admin- conferees note that these reports have not components. In addition, the Secretary shall istrative Officer ...... 49,991,000 been provided with promptness or regularity provide a contingency plan for making up Salaries and Expenses and caution that without this information it any shortfall between expected collections (from above subtotal) .. [44,491,000] becomes difficult to justify budget increases and budgeted amounts, by DHS component, Nebraska Avenue Com- for this office. no later than 60 days after the date of enact- plex (NAC) (from above The conferees direct the OCHCO to provide ment of this Act, and quarterly thereafter. subtotal) ...... [5,500,000] the report on its fiscal year 2009 performance Total ...... $254,190,000 Budget Justifications against DHS metrics outlined in the Senate Office of Security report no later than 60 days after the date of The conferees direct that the congressional enactment of this Act. budget justifications for the Office of the The conference agreement provides Secretary and Executive Management for $90,193,000 for the Office of Security instead Office of the Chief Administrative Officer fiscal year 2011 include the same level of de- of $95,193,000 as proposed by the House and The conference agreement provides tail as the table contained at the end of this $92,693,000 as proposed by the Senate. This $49,991,000 for the Office of the Chief Admin- statement, and follow the parameters out- amount includes $20,000,000 for the Homeland istrative Officer, instead of $60,491,000 as pro- lined in the House report, as well as the Security Presidential Directive–12 Card posed by the House and $98,491,000 as pro- broader direction outlined under the Office Issuance Program. The Office of Security is posed by the Senate. Within the funding of the Chief Financial Officer. Structural al- directed to provide a report to the Commit- level for salaries and expenses is $1,000,000 for terations to the fiscal year 2011 budget re- tees on this program’s progress and future logistics and procurement personnel from quest, including changes to the PPA account needs as outlined in the House report. across the Department to receive training structure for fiscal year 2010 included in the Office of the Chief Procurement Officer and education through LOGTECH and re- table at the end of this statement should The conference agreement provides lated programs, that have benefitted Coast only be made with advance consultation $68,538,000 for the Office of the Chief Procure- Guard personnel, as proposed by the House. with the Committees. ment Officer (OCPO) instead of $66,538,000 as The Senate provided no additional funding Working Capital Fund proposed by the House and $70,038,000 as pro- for this activity. The Department shall follow the direction posed by the Senate. OCPO shall submit the Headquarters Lease Consolidation Initiative outlined in the House report regarding the report to the Committees on Departmental The conference agreement provides no Working Capital Fund (WCF) in managing efforts to decrease the attrition rate of DHS funding for the consolidation of headquarters WCF funds and requesting resources for fis- acquisition personnel as outlined in the leases due to an inadequate justification and cal year 2011. House report. Furthermore, the conferees di- budget constraints. Currently DHS head- Reception and Representation Expenses rect OCPO to provide a breakdown on where quarters are located in over 40 fragmented interns and graduates of the acquisition in- locations in 105 lease arrangements. The con- The conferees direct the Department to ternship are serving, as outlined in the ferees direct the Department to provide a submit a report to the Committees no later House report, to the Committees no later more detailed plan and justification for its than 30 days after the end of each quarter of than 60 days after the date of enactment of lease consolidation initiative, including pro- the fiscal year detailing the obligation of all this Act and on an annual basis accom- jected cost savings, in conjunction with the DHS reception and representation expenses panying the budget request. fiscal year 2011 budget request. by all components. The conference agreement provides St. Elizabeths Greenhouse Gas Inventory $7,500,000 to create a new contracting compo- The conferees direct the Department to The conferees require the Secretary to fol- nent for classified programs. These resources continue periodic briefings on the St. Eliza- low the House direction regarding reporting are intended to fund 18 positions, the number beths headquarters consolidation project, in- on the Department’s greenhouse gas emis- identified by the Department as required to cluding the Department’s efforts to work sions and mitigation efforts. establish an initial operating capacity for with the local community and the National this office. Quarterly Detailee Report Capital Planning Commission to ensure The conference agreement provides The conferees require the Department to issues such as parking and traffic manage- $8,000,000 to increase capacity in the acquisi- continue the quarterly detailee report as ment are properly addressed. outlined in the Senate report. tion program management division. The conferees recommend that the reduction from OFFICE OF THE CHIEF FINANCIAL OFFICER Federally Funded Research and Development the Administration’s request come from con- The conference agreement provides Centers tractor support, as outlined in the House re- $60,530,000 for the Office of the Chief Finan- The conferees direct the Secretary to report. cial Officer (CFO) as proposed by the House port semi-annually on the current projects The Secretary is directed to provide a sta- instead of $63,530,000 as proposed by the Sen- tasked to Federally Funded Research and tus report on major acquisitions in excess of ate. The conferees concur with the rec- Development Centers, as outlined in the Sen- $300,000,000 by February 15, 2010, as outlined ommendation on FTE annualization and pro- ate report. in the Senate report, and quarterly there- gram increases outlined in the Senate re- Lost and Stolen Passports after. port. An additional reduction below the re- The Secretary is directed to submit a semi- Office of the Chief Human Capital Officer quest is made as this office will likely lapse appropriated funds in fiscal year 2009. The annual report on loss and theft of passports The conference agreement provides conferees encourage the use of authority as outlined in the Senate report. $42,604,000 for the Office of the Chief Human under section 505 of this Act making 50 per- Border Tunnels Capital Officer (OCHCO) instead of $43,604,000 cent of those balances available in fiscal as proposed by both the House and Senate. Of The Secretary is directed to submit semi- year 2010. The conference report includes a this amount, $32,604,000 is for salaries and ex- annual reports on border tunnel issues as statutory provision withholding $5,000,000 penses and $10,000,000 is for human resources. outlined in the Senate report. The conferees until the CFO submits a financial manage- The reduction below the House and Senate further direct the Department to designate a ment improvement plan that addresses the levels is made as this office will likely lapse coordinator for border tunnel issues as out- recommendations outlined in IG report OIG– appropriated funds in fiscal year 2009. The lined in the Senate report. 09–72. The CFO is to brief the Committees on conferees encourage the use of authority OFFICE OF THE UNDER SECRETARY FOR the outcomes of its independent program under section 505 of this Act making 50 per- MANAGEMENT analyses as specified in the Senate report. cent of those balances available in fiscal The conference agreement provides year 2010. Transformation and Systems Consolidation $254,190,000 for the Office of the Under Sec- The OCHCO is directed to continue pro- The conference agreement provides retary for Management instead of $153,790,000 viding monthly reports to the Committees $17,800,000 for the Transformation and Sys- as proposed by the House and $307,690,000 as summarizing vacancy data at the Depart- tems Consolidation (TASC) project, as pro- proposed by the Senate. Funding shall be al- ment, which should include: the number of posed by the House instead of $19,200,000 as located as follows: new hires for each headquarters office in the proposed by the Senate. The reduction of Immediate Office of the previous month; the ratio of applications re- $2,000,000 from the budget request is due to Under Secretary for Man- ceived to positions closed; reports from the high unobligated balances that have resulted agement ...... $2,864,000 Office of Security on progress made to re- from program delays. The conferees direct Office of Security ...... 90,193,000 duce the security clearance backlog to in- the Department to report to the Committees Office of the Chief Procure- clude whether the 15-day standard for suit- within 60 days after the date of enactment of ment Officer ...... 68,538,000 ability reviews is being met; and an end-of- this Act, and every six months thereafter, on Office of the Chief Human the-month hiring ‘‘snapshot’’ for each head- its efforts to consolidate their financial Capital Officer ...... 42,604,000 quarters office. These snapshots should in- management systems, as outlined in the

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.054 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11211 House report. These reports shall also in- ment and operations and maintenance, the since this program was recently terminated clude a detailed plan for the Department’s conference agreement provides $91,200,000 by the Department. The conferees under- migration to TASC, as outlined in the Sen- specifically to various Departmental compo- stand that activities currently carried out ate report. nents for data center migration, for a total by the Department of the Interior Civil Ap- Annual Appropriations Justifications of $150,000,000. The conferees are aware that plications Committee will be unaffected by The CFO is directed to submit all of its fis- component data center migration schedules this action. cal year 2011 budget justifications (classified may shift during the course of the fiscal year The Department continues to develop the and unclassified) concurrently with the sub- based on changing circumstances and prior- National Immigration and Information Shar- mission of the President’s budget request ities. As a result, the conference report in- ing Operation (NIISO) program, but has sub- and at the level of detail specified in the cludes a general provision allowing the Sec- stantially altered its scope to be more lim- House and Senate reports. The conferees fur- retary to transfer funds made available for ited than past proposals. In addition, the De- ther direct the CFO to ensure that, in the data center migration, if necessary, among partment is currently working with partner fiscal year 2011 budget justification, the en- components based on revised schedules and agencies to ensure that NIISO operates con- acted FTE numbers included in the docu- priorities with 15 days prior notice to the sistent with all existing laws and regula- ments for fiscal year 2010 accurately reflect Committees. The CIO is also directed to in- tions. As a result, the conference agreement the FTE levels funded in this Act. Finally, clude information on revised schedules in provides less than requested in the budget the CFO shall not permit any DHS compo- the quarterly briefings. for the NIISO program since it seems un- nent to alter the PPAs in the fiscal year 2011 Departmental Priorities for Information likely operations will commence at the start budget submission into any account struc- Technology of the fiscal year. In addition, the conference ture other than that contained in the de- The conferees recognize the difficulties agreement includes a statutory provision tailed funding table included at the end of faced by the CIO in integrating the informa- that prohibits funding in this or any other this statement without advance consultation tion technology (IT) priorities and require- Act from being obligated to commence with the Committees. ments across the Department. The Commit- NIISO operations until the Secretary certifies that NIISO complies with all existing Impact of Changing Immigration Law for tees are often faced with weighing requests for resources for disparate IT requirements laws, including applicable privacy and civil Guam and the Commonwealth of the liberties standards, the GAO has reviewed with limited visibility into the priorities Northern Mariana Islands such certification, and a notification pursu- within the DHS component IT requests or The conferees direct the Secretary to re- ant to section 503 of this Act is submitted to how those component requests are port to the Committees no later than Janu- the Committees. prioritized within the Department’s overall ary 15, 2010, on the changes in resources re- Classified Programs quired for administering immigration and IT plans. In order for the Committees to travel laws for Guam and the Commonwealth properly evaluate IT requests, it is essential Recommended adjustments to classified of the Northern Mariana Islands as outlined that the CIO provide a clear accounting of IT programs are addressed in a separate classi- in the House report. activities and priority resource needs by De- fied annex. FFICE OF THE FEDERAL COORDINATOR FOR Expenditure Plans partmental component and for each fiscal O year. The conferees direct the CIO to brief GULF COAST REBUILDING The conferees continue to require expendi- the Committees within 45 days after the date ture plans for specific DHS programs. These The conference agreement provides of enactment of this Act on the prioritized plans are intended to provide Congress with $2,000,000 for the Office of the Federal Coordi- list of the Department’s most pressing IT information that allows it to effectively nator for Gulf Coast Rebuilding (OFCGCR) as needs across all components, including but oversee particular programs and hold the De- proposed by both the House and the Senate. not limited to OneNet, United States Citi- The office is directed to provide an expendi- partment accountable for program results. zenship and Immigration Services business ture plan for fiscal year 2010 no later than 60 Required expenditure plans shall include, at transformation, data center migration, the days after the date of enactment of this Act, a minimum: a description of how the plan Transportation Security Administration’s as specified in the Senate report. The con- satisfies any relevant legislative conditions vetting and credentialing modernization, the ferees encourage OFCGCR to consolidate fed- for the expenditure plan; planned program Homeland Security Information Network, eral data on Gulf Coast recovery funding and capabilities and benefits; cost and schedule and TECS modernization. Quarterly brief- measure impacts on key recovery indicators commitments; measures of progress against ings should be provided thereafter. including repopulation, economic and job commitments made in previous plans; how growth, reestablishment of local and State the program is being managed to provide Federal Information Security Management Act tax revenues, restoration of housing stock, reasonable assurance that the promised pro- and availability of critical services including gram capabilities, benefits, and cost and The conferees direct the CIO to brief the Committees, along with the appropriate DHS health care, education, criminal justice, and schedule commitments will be achieved; his- fire protection. OFCGCR shall work with all torical funding for the program, if applica- component CIOs, on the plan to improve Fed- eral Information Security Management Act appropriate stakeholders to identify and pur- ble; and an obligation and outlay schedule. sue a path forward to bring New Orleans scores as outlined in the Senate report. OFFICE OF THE CHIEF INFORMATION OFFICER Charity Hospital back on-line. ANALYSIS AND OPERATIONS The conference agreement provides OFFICE OF INSPECTOR GENERAL The conference agreement provides $338,393,000 for the Office of the Chief Infor- The conference agreement provides $335,030,000 for Analysis and Operations in- mation Officer (CIO) as proposed by the Sen- $113,874,000 for the Office of Inspector Gen- stead of $345,556,000 as proposed by the House ate instead of $281,593,000 as proposed by the eral (IG) instead of $111,874,000 as proposed and $347,845,000 as proposed by the Senate. House. Funding shall be allocated as follows: by the House and $115,874,000 as proposed by Salaries and Expenses ...... $86,912,000 Reports to Congress the Senate. Included within this amount are Information Technology As detailed in both the House and Senate additional resources necessary to conduct Services ...... 51,417,000 reports, the Department has been exception- U.S. Customs and Border Protection revenue Security Activities ...... 152,403,000 ally late submitting reports required by the oversight. Homeland Secure Data Committees to oversee the expenditure of In- In addition to this direct appropriation, Network ...... 47,661,000 telligence and Analysis funds and to evalu- $16,000,000 shall be transferred from the Fed- ate the progress made in establishing the eral Emergency Management Agency’s Total ...... $338,393,000 State and Local Fusion Center (SLFC) pro- (FEMA) Disaster Relief Fund (DRF) to the Data Center Development gram. These delays not only create an unac- IG to continue and expand audits and inves- The conference agreement provides not ceptable lack of visibility into DHS’s intel- tigations related to disasters. The IG is re- less than $82,788,000 within Security Activi- ligence programs, but also disregard Con- quired to notify the Committees no later ties for data center development as proposed gress’ explicit direction to provide timely in- than 15 days prior to all transfers from the by the Senate instead of $20,000,000 as pro- formation. Not later than 60 days after the DRF. posed by the House. This includes $58,800,000 date of enactment of this Act, the Secretary FEMA Hiring Practices for data center development and operations shall submit a fiscal year 2010 expenditure As part of the request for FEMA’s Manage- and maintenance as requested in the budget, plan for the Office of Intelligence and Anal- ment and Administration account, $35,000,000 of which not less than $38,540,145 is for power ysis as outlined in the Senate report, includ- is to resolve employee pay shortfalls result- capabilities upgrades at Data Center One in ing balances carried forward from prior ing from inadequate hiring and budgeting the amounts and for the purposes specifi- years. In addition, the Secretary shall con- guidelines and controls at FEMA. The con- cally listed in the Senate report. The CIO tinue to submit quarterly reports on the ferees direct the IG to investigate the hiring shall provide a briefing to the Committees SLFC Program not later than 30 days after practices of FEMA as it pertains to this no later than February 15, 2010, and quar- the end of each quarter of the fiscal year, as issue and to report to the Committees within terly thereafter, on the progress of data cen- discussed in the Senate and House reports. 90 days after the date of enactment of this ter development and migration. National Applications Office and National Act. As part of the investigation, the IG Data Center Migration Immigration Information Sharing Operation shall evaluate whether or not the budget re- In addition to the requested increase pro- The conference agreement provides no quest of $35,000,000 is sufficient to rectify vided to this office for data center develop- funding for the National Applications Office FEMA’s structural pay deficiencies.

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.055 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11212 CONGRESSIONAL RECORD — HOUSE October 13, 2009 Audit Reports Trusted Traveler Pro- for IPR, a timeline for implementing ex- The conferees direct the IG to withhold the grams ...... 11,274,000 panded training for all enforcement per- release of any final audit or investigation re- Inspection and Detection sonnel, recommendations for strengthening ports requested by the Committees from pub- Technology Invest- penalties, a plan for creating a supply chain lic distribution for a period of 15 days. ments ...... 153,563,000 management program for IPR, and a TITLE II—SECURITY, ENFORCEMENT, Automated Targeting timeline for expanding post audit reviews for AND INVESTIGATIONS Systems ...... 32,560,000 IPR. National Targeting Cen- In addition, CBP, in consultation with the U.S. CUSTOMS AND BORDER PROTECTION ter ...... 26,355,000 United States Patent and Trademark Office SALARIES AND EXPENSES Training ...... 24,778,000 (PTO) and the United States Copyright Of- The conference agreement provides fice (CO), is directed to submit a feasibility $8,064,713,000 for U.S. Customs and Border Subtotal, Border Secu- study to the Committees not later than Protection (CBP) Salaries and Expenses in- rity Inspections and April 16, 2010, for developing and imple- stead of $7,615,797,000 as proposed by the Trade Facilitation .... 2,749,784,000 menting an opt-in or voluntary automated House and $8,075,649,000 as proposed by the Border Security and Con- link between the Intellectual Property Senate. Of this amount, $1,418,263,000 is for trol between Ports of Rights e-Recordation online system and sys- Headquarters, Management, and Administra- Entry: tems maintained by PTO and CO to allow tion, including $402,263,000 for rent in a sepa- Border Security and Con- rights holders to elect to record their rights rate PPA line; $950,000 within the amounts trol ...... 3,535,286,000 with CBP. The study shall address project appropriated for nine additional positions for Training ...... 51,751,000 costs, infrastructure requirements, data col- oversight of Office of Information and Tech- lection requirements, and a timeline for im- nology programs; and an additional $500,000 Subtotal, Border Secu- plementing such an automated link. rity and Control be- for four new positions for conduct and integ- Western Hemisphere Travel Initiative rity oversight as specified in the Senate re- tween POEs ...... 3,587,037,000 Air and Marine Operations 309,629,000 The conference agreement provides port. $144,936,000 for the Western Hemisphere Trav- A total of $2,749,784,000 is included for Bor- el Initiative (WHTI), as proposed by the der Security Inspections and Trade Facilita- Total ...... $8,064,713,000 House and Senate and requested in the budg- tion, instead of $2,732,759,000 as proposed by Financial Plan et. The conferees direct the DHS Office of the House and $2,770,048,000 as proposed by Policy, with CBP, to provide semiannual the Senate. Included in this amount is an ad- The conferees are disappointed with poor briefings to the Committees on WHTI imple- ditional $7,025,000 for 50 additional CBP Offi- financial decisions made by CBP in fiscal mentation, beginning not later than 30 days cers and 10 support positions to enhance year 2009, such as insufficiently linking hir- after the date of enactment of this Act. Southwest border outbound operations and ing initiatives to available resources, and These briefings should begin detailing the an additional $10,000,000 for procurement of the failure to factor the impact of decreased transition of WHTI systems and infrastruc- non-intrusive inspection (NII) equipment, to international travel, and subsequent reduc- ture to regular inspection and trade and be awarded under full and open competition. tions in inspection fee revenue, into spending travel facilitation operations, and identify Also included is $3,587,037,000 for Border Se- plans based on those fees. Because more visi- program elements and funding that will be curity and Control Between Ports of Entry, bility in financial planning is required for non-recurred as WHTI is fully integrated instead of $3,591,559,000 as proposed by the oversight, the conferees wish to see the pres- into CBP base operations. House and $3,576,759,000 as proposed by the entation of CBP Salaries and Expenses at a Senate. Within this amount is an additional level of detail, and with more clarity, than is Northern Border Strategic Efforts $19,478,000 for 100 additional Border Patrol currently displayed in the appropriation The conferees direct CBP to submit a re- agents and 23 associated support personnel; table by PPAs. However, the conferees also port to the Committees not later than Janu- an additional $10,000,000 for NII equipment to acknowledge the practical issues involved in ary 15, 2010, on staffing, funding, and imple- be awarded under full and open competition; revising the current PPA structure, which mentation of Northern Border enforcement and not more than $800,000 for procurement serves as a basis for financial control and es- initiatives, as detailed in the House report. of portable solar charging rechargeable bat- tablishes reprogramming baselines, and that Electronic System for Travel Authorization any PPA change would necessarily have rip- tery systems, to be awarded under full and The Electronic System for Travel Author- ple effects in budget execution. To help de- open competition. ization (ESTA) provides automated elec- velop a more useful display of CBP activi- In addition, $309,629,000 is included for Air tronic vetting of travelers from 35 visa waiv- ties, and facilitate oversight by the Commit- and Marine Operations, as proposed by both er program (VWP) countries, including eight tees, the conferees direct CBP to provide the House and Senate. added in fiscal year 2008. CBP has received within 90 days after the date of enactment of Finally, the conference report makes over 11,470,000 ESTA applications in fiscal this Act, a financial plan reflecting a de- $1,700,000 available until September 30, 2011, year 2009, with an approximate rejection rate tailed breakout of funding by office for each for the Global Advanced Passenger Informa- of 0.2 percent. While ESTA helps CBP screen of the major PPAs in the Salaries and Ex- tion/Passenger Name Record Program. incoming VWP travelers, the fact that air- penses appropriation: Headquarters, Manage- The following table specifies funding by lines neither collect nor check ESTA infor- ment, and Administration; Border Security, budget program, project, and activity: mation means there is no systematic way to Inspections and Trade Facilitation; Border prevent passengers who are not ESTA com- Headquarters, Manage- Security and Control Between the Ports of pliant from boarding U.S.-bound flights. ment, and Administra- Entry; and Air and Marine Operations. This To assess ESTA performance, and the steps tion: financial plan shall be updated in the con- Management and Admin- required to ensure all VWP travelers comply gressional budget justification submitted by istration, Border Secu- with ESTA, the conferees direct DHS to sub- the Department in support of the fiscal year rity Inspections and mit an ESTA strategic plan to the Commit- 2011 budget. This requirement is in lieu of Trade Facilitation ...... $520,575,000 tees not later than 90 days after the date of the Senate report requirement for a new Management and Admin- enactment of this Act. The strategic plan PPA structure and detailed expenditure istration, Border Secu- should include all elements specified in the plan. The fiscal year 2011 budget request rity and Control Be- House and Senate reports. To address should be submitted using the current PPA tween Ports of Entry ... 495,425,000 ESTA’s communications strategy, the plan structure. Rent ...... 402,263,000 should recommend how to ensure all trav- Data Center Migration elers from VWP countries are aware of ESTA Subtotal, Headquarters The conference agreement provides requirements. It should also review the rela- Management and Ad- $33,650,000 for data center migration as pro- tionship between ESTA and other offices ministration ...... 1,418,263,000 posed by the Senate instead of no funding as with immigration/travel regulatory mis- Border Security Inspec- proposed by the House. CBP should consider sions, and recommend improvements in co- tions and Trade Facili- reprogramming funds from within the Office ordination and efficiency, to include possibly tation: of Information and Technology should addi- merging ESTA within other components Inspections, Trade, and tional funding for data center migration be- such as the VWP office or United States Vis- Travel Facilitation at come necessary. itor and Immigrant Status Indicator Tech- Ports of Entry ...... 2,262,235,000 nology. Harbor Maintenance Fee Intellectual Property Rights Enforcement Collection (Trust Fund) 3,226,000 The conferees believe a greater focus needs International Cargo Screening International Cargo to be brought to intellectual property rights The conference agreement provides Screening ...... 162,000,000 (IPR) enforcement. CBP is directed to sub- $162,000,000 for International Cargo Screening Other International Pro- mit by December 15, 2009, a 5-year enforce- as proposed by the House, instead of grams ...... 11,181,000 ment strategy to reduce IPR violations. The $165,421,000 as proposed by the Senate. The Customs-Trade Partner- strategy shall include: a timeline for devel- conferees strongly support current efforts to ship Against Terrorism 62,612,000 oping improved targeting models specifically reduce the vulnerability of international

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.057 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11213 supply chains being used to smuggle illicit cussed in the House and Senate reports re- TECS modernization, within the COPPS weapons, or being disrupted by such weap- garding the Northern border, update the Au- PPA funding levels. The conferees under- ons. However, the conferees also recognize gust 2009 Northern Border Strategy, and stand this joint effort between CBP and U.S. practical difficulties in trying to meet the meet the stated goal of deploying 2,212 Bor- Immigration and Customs Enforcement statutorily mandated target of 100 percent der Patrol agents along the Northern border (ICE) will be completed within the next five scanning of U.S.-bound cargo in foreign in fiscal year 2010. A briefing on the steps years, and direct CBP and ICE to provide ports. The conferees therefore direct CBP to being taken to achieve these specific goals semiannual joint briefings to the Commit- report, not later than February 1, 2010, on its shall be provided to the Committees not tees beginning not later than December 1, strategy to achieve meaningful and effective later than December 15, 2009. 2009. cargo and supply chain security, as described Rent BORDER SECURITY FENCING, INFRASTRUCTURE, in the House report. The conference agreement includes AND TECHNOLOGY Textile Transshipment Enforcement $402,263,000 for Rent in the Headquarters, The conference agreement provides The conference agreement provides Management, and Administration PPA, as $800,000,000 for the integrated Border Secu- $4,750,000 for textile transshipment enforce- proposed by the Senate, instead of in the rity Fencing, Infrastructure, and Technology ment. The conferees direct CBP to submit a proposed Facilities Management account, as account as proposed by the Senate instead of report with its fiscal year 2011 budget re- proposed by the House. The conferees view $732,000,000 as proposed by the House. Funds quest on the execution of its five-year stra- keeping rental payments within the Salaries are available until expended. The funding in- tegic plan for textile transshipment enforce- and Expenses appropriation as consistent cludes $92,000,000 for Program Management, ment, as specified in the House report. with fully capturing and displaying the of which $40,000,000 is for environmental and budgets of activities funded in that appro- Project SeaHawk regulatory requirements and $52,000,000 is for priation, in that rental costs are necessarily personnel operations and support; $508,000,000 The conferees encourage CBP to continue included in resource allocation decisions for for Development and Deployment, of which to work with the Department of Justice and program operations. At the same time, the $40,000,000 is for Northern border security local law enforcement on the Project conferees see value in being able to compare technology investment, and of which SeaHawk law enforcement task force to the all facility related costs, whether rent, lease, $20,548,000 above the budget request is in- maximum extent possible. or investment. The conferees therefore di- cluded to expedite P25 tactical communica- Antidumping and Countervailing Duty rect CBP to submit, with its justification tions modernization and to further tech- Enforcement materials accompanying the 2011 budget re- nology design planning for Secure Border The conferees have ensured that, within quest, a consolidated presentation of all CBP Initiative Network (SBInet) projects in Ari- the amounts provided for in this account, facilities costs. zona; and $200,000,000 for Operations and there will be sufficient funds to administer Additional Reports Maintenance. the on-going requirements of section 754 of The conferees direct the Secretary of The conference agreement also makes the Tariff Act of 1930 (19 U.S.C. 1675c), ref- Homeland Security to submit the reports $75,000,000 unavailable for obligation until erenced in subtitle F of title VII of the Def- called for in sections 563 and 568 of H.R. 2892 the Committees receive and approve an ex- icit Reduction Act of 2005 (Public Law 109– as amended by the Senate regarding, respec- penditure plan that complies with conditions 171; Stat. 154). tively, Operation Streamline and the im- set forth in the conference report, and has The conferees direct CBP to continue to provement of cross-border inspection proc- been reviewed by the GAO. The conference work with the Departments of Commerce esses. report continues current law making no and Treasury, and the Office of the United AUTOMATION MODERNIZATION funding available until the Secretary cer- States Trade Representative (and all other The conference agreement provides tifies that CBP has complied with legal re- relevant agencies) to increase collections, $422,445,000 for Automation Modernization quirements for consultation with commu- and to provide a public report on an annual instead of $462,445,000 as proposed by the nities, federal agencies, and other stake- basis, within 30 days of each year’s distribu- House and Senate. Funds are available until holders affected by planned deployment of tions under the law. The report should sum- expended. The total amount provided in- fencing and tactical infrastructure, and, for marize CBP’s efforts to collect past due cludes funding for the Automated Commer- projects for which the Secretary has exer- amounts and increase current collections, cial Environment (ACE), the International cised statutory authority to waive various particularly with respect to cases involving Trade Data System (ITDS), legacy systems, environmental and other regulations and unfairly traded U.S. imports from China. The and Critical Operations Protection and Proc- laws, until 15 days after public notice of such report shall provide the amount of uncol- essing Support (COPPS), the latter including waiver. lected duties for each antidumping and coun- modernization of the TECS system. Not less Expenditure Plan tervailing duty order, and indicate the than $227,960,000 of the total appropriation is The conferees include statutory require- amount of open, unpaid bills for each such provided for ACE, of which $16,000,000 is for ments for information to be included in the order. In that report, the Secretary, in con- ITDS. Of the total provided for ACE, expenditure plan to be reviewed by the GAO. sultation with the other relevant agencies, $50,000,000 is unavailable for obligation until The conferees expect the plan will be sub- including the Secretaries of Commerce and 30 days after an expenditure plan, as speci- mitted in a timely manner to the Commit- Treasury, should also advise as to whether fied in the House report, is submitted to the tees and comply fully with the conditions set CBP can adjust its bonding requirements to Committees. In addition, CBP is directed to forth in this and related Acts. further protect revenue without violating continue submitting quarterly reports to the The conferees direct that the plan provide U.S. law or international obligations, and Committees on progress in implementing specific details on how additional funding without imposing unreasonable costs upon ACE. shall be used to expedite P25 tactical com- importers. Automated Commercial Environment munications modernization. The conferees further direct the Secretary The conferees are concerned about the to work with the Secretary of Commerce to The conferees remain staunchly com- delays in deployment for SBInet ‘‘Blocks’’ 1 identify opportunities for the Department of mitted to completing the development and and 2, while also recognizing the need to pro- Commerce to improve the timeliness, accu- deployment of ACE. Significant capabilities ceed carefully and to ensure steps are taken racy, and clarity of liquidation instructions have already been delivered to the trade to address all mission and operational test sent to CBP. Increased attention and inter- community and to the employees of CBP. requirements. Therefore, the conferees also agency coordination in these areas could However, CBP continues to struggle and fail direct that the expenditure plan specify how help ensure that steps in the collection of at program management, requirements de- additional funding included under this head- duties are completed in a more expeditious velopment, contractor oversight, and deliv- ing will be used to further key development manner. ering capabilities on time. It should be noted that what originally was a 5–year develop- and demonstrations in support of the launch Non-Intrusive Inspection Technology ment plan has become a 20–year odyssey. of ‘‘Block 2’’. In addition to the expenditure The conference agreement provides a total CBP is again restructuring its approach to plan requirements, the conferees direct CBP of $163,563,000 within ‘‘Salaries and Ex- managing the development of ACE, including to brief the Committees as soon as prelimi- penses’’ for the purchase of NII technology requiring future capability releases to under- nary results from ‘‘Block 1’’ operational field instead of $183,563,000 as proposed by the Sen- go business case reviews. The reductions in tests are available and prior to proceeding ate and $143,563,000 as proposed by the House, funding below the amount requested in the further with ‘‘Block 2’’ development. of which $10,000,000 is included in the Border budget are prudent and should allow CBP to Evaluation and Acceptance Criteria Security and Control Between Ports of Entry place Entry Summary Reconciliation and The conferees continue to support expedi- PPA. The conferees direct CBP to award all Cargo Release into a full business case re- tious deployment of effective technology to NII funds through full and open competition. view rather than proceeding with their de- enhance CBP’s execution of its border secu- Northern Border Security velopment in fiscal year 2010 under the origi- rity mission, and recognize the renewed rigor The conferees expect DHS and CBP to de- nal plan. with which CBP is evaluating the oper- vote the attention and funding needed to se- TECS Modernization Expenditure Plan ational utility of such technology. In fiscal cure the Northern border. The conferees di- The conference agreement provides year 2010, the Office of Border Patrol (OBP) rect the Secretary to address the issues dis- $50,000,000, as requested in the budget, for is expected to evaluate the SBInet ‘‘Block 1’’

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.058 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11214 CONGRESSIONAL RECORD — HOUSE October 13, 2009 increment through operational field testing Air and Marine Recapitalization ders, and direct the Department to submit to along the Southwest Border. While OBP’s Congress, in fiscal year 2006, mandated the Committees no later than December 15, operational requirements for border security CBP to submit a strategic plan for recapital- 2009, a Quarters Management Plan as de- technology are well documented, the criteria ization of its aviation assets, subsequently scribed in the House report. OBP will use to determine acceptance of the expanded to include all its air and marine U.S. IMMIGRATION AND CUSTOMS SBInet prime mission product remain un- programs. In executing this plan, CBP has ENFORCEMENT clear. The conferees direct CBP to delineate awarded contracts for the purchase and up- SALARIES AND EXPENSES the evaluation and acceptance criteria for grade of aircraft and marine vessels, as well The conference agreement provides SBInet in the required BSFIT expenditure as implementation of the P–3 aircraft service $5,342,134,000 for U.S. Immigration and Cus- plan. CBP, along with the Science and Tech- life extension program. However, the con- toms Enforcement (ICE) Salaries and Ex- nology Directorate, are also directed to ferees note that CBP has made little penses instead of $5,313,193,000 as proposed by jointly brief the Committees prior to CBP progress in retiring its aging assets or reduc- the House and $5,360,100,000 as proposed by commencing ‘‘Block 1’’ operational field ing the number of types of aircraft it flies. the Senate. Within the total amount, not testing on this criteria and how the criteria These trends could lead to higher mainte- less than $1,500,000,000 is for efforts to iden- will be used to make an acceptance deter- nance costs and possibly the loss of assets tify individuals illegally present in the mination of SBInet. needed to support the agency’s border secu- United States who have criminal records, Northern Border Technology rity missions. The conferees therefore direct whether incarcerated or at-large, and to re- the Commissioner to submit an updated stra- The conferees are concerned that not all move these aliens once they have been tegic plan for air and marine recapitaliza- options are receiving due consideration when judged deportable in immigration court. The tion to the Committees with its fiscal year allocating funding to deploy technology to conferees direct ICE to report within 30 days 2011 budget request, specifying the quantities Border Patrol sectors along the Northern after the date of enactment of this Act to and types of aging aircraft and marine ves- Border. While proven commercial off-the- the Committees on how it will allocate pro- sels operated by CBP, their operating loca- shelf (COTS) technology, such as cameras, gram funds to fulfill this requirement. tions, and progress toward replacement or can significantly leverage existing man- The conference report includes a statutory upgrade of such assets. The report shall in- power, many Border Patrol stations lack requirement regarding IG reviews of ICE’s clude an estimate of the costs to maintain such basic technology. At the same time, 287(g) agreements for compliance with the aging assets until they are retired, plans for most Northern border technology invest- terms of Memoranda of Understanding mitigating the impact of increased mainte- ment is being put into one sector’s integra- signed between the agency and local law en- nance on mission availability, and details on tion center. The conferees direct that the ex- forcement organizations, and also prohibits contracts awarded to purchase new, replace- penditure plan, in describing Northern Bor- the expenditure of funds on contracts with ment aircraft and vessels, or upgrade exist- der technology investments, explicitly ad- detention centers that repeatedly fail to ing assets. CBP is also directed to brief the dress tradeoffs between intensive invest- comply with ICE detention standards. Committees no later than December 15, 2009, ments (by operation or location) versus pro- The following table specifies funding levels on current air and marine asset maintenance viding COTS technology and support to more by budget activity: areas of the Northern Border. In addition, costs and mission availability, and the re- CBP is directed to continue, as part of the maining service life of aging assets. Headquarters Management quarterly Secure Border Initiative (SBI) re- CONSTRUCTION AND FACILITIES MANAGEMENT and Administration ...... $512,337,000 Legal Proceedings ...... 221,666,000 ports, a report on technology investment on The conference agreement provides Domestic Investigations .... 1,649,551,000 the Northern border, as specified in the $319,570,000 for Construction and Facilities International Investiga- House report. Management instead of $682,133,000 for Fa- tions: cilities Management as proposed by the Reporting Requirements to the Committees International Operations 112,872,000 House, and $316,070,000 as proposed by the CBP is directed to include, within the fis- Visa Security Program ... 30,686,000 Senate. This includes $282,557,000 for Facility cal year 2010 expenditure plan and as speci- Subtotal, International In- Construction and Sustainment and $37,013,000 fied in the House report, its proposed envi- vestigations ...... 143,558,000 for Program Oversight and Management. ronmental planning and mitigation plan. In Intelligence ...... 69,842,000 Within Facility Construction and lieu of providing in that plan a report on cur- Detention and Removal Sustainment is an additional $39,700,000 for rent and prior year environmental efforts, as Operations: constructing and equipping the Advanced proposed by the House, CBP shall brief the Custody Operations ...... 1,771,168,000 Training Center and an additional $3,500,000 Committees no later than 90 days after the Fugitive Operations ...... 229,682,000 for acquisition, design, and construction of date of enactment of this Act. In the same Criminal Alien Program 192,539,000 CBP Air and Marine facilities at El Paso briefing, CBP shall provide an assessment of Alternatives to Deten- International Airport. No funding is provided the potential of ‘‘buffer areas’’ to facilitate tion ...... 69,913,000 for rent, which is funded in the Salaries and mission and environmental goals, in lieu of a Transportation and Re- Expenses appropriation. report in the expenditure plan, as proposed moval Program ...... 281,878,000 by the House. Port of Entry Construction Subtotal, Detention and In addition, DHS shall include in the quar- The conference agreement includes lan- Removal Operations ...... 2,545,180,000 terly SBI report details on BSFIT obliga- guage requiring CBP, in consultation with Identification and Removal tions and expenditures as specified in the GSA, to include a 5-year construction plan of Criminal Aliens ...... 200,000,000 House report, rather than submitting such for land border ports of entry. The conferees Total, ICE Salaries and Ex- information on a monthly basis. direct DHS to continue to work with GSA to penses ...... $5,342,134,000 AIR AND MARINE INTERDICTION, OPERATIONS, prioritize and address land border port of Management and Administration entry infrastructure needs, and to comply MAINTENANCE, AND PROCUREMENT Within Management and Administration, with requirements of the Public Buildings The conference agreement provides the conference agreement includes $47,123,000 Act to seek necessary funding, as called for $519,826,000 for Air and Marine Interdiction, for ICE field office collocation as proposed in the Senate and House reports. Operations, Maintenance, and Procurement by the House and instead of $57,000,000 as pro- instead of $513,826,000 as proposed by the Future Construction Needs posed by the Senate. A statutory restriction House and $515,826,000 as proposed by the The conferees are disappointed that the fis- in the conference report withholds from obli- Senate. This includes $374,217,000 for Oper- cal year 2010 budget request includes no gation all non-personnel and non-planning ations and Maintenance and $145,609,000 for funds for ongoing or new construction costs for field office collocation until ICE Procurement. Within these amounts, an ad- projects. While significant funds have been submits a plan for nationwide expansion of ditional $6,000,000 is provided for software provided to CBP as its workforce has seen the Alternatives to Detention program. In and system upgrades for the Air and Marine exceptional growth, the expansion and re- addition, the conference agreement includes Operations Center, and an additional placement of aging and inadequate CBP fa- $23,850,000 for ICE data center consolidation, $8,000,000 is provided for marine vessels. cilities is not complete. The conferees expect as proposed by the Senate instead of no fund- Marine Vessels future budget requests to include an ade- ing as proposed by the House. The conference quate level of funding to continue mod- report also includes authority to transfer up The conference agreement provides ernization of CBP facilities to meet current to $10,000,000 from the ICE Automation Mod- $14,500,000 for procurement of marine vessels, security needs and the habitability needs of ernization account to Salaries and Expenses instead of $16,500,000 as proposed by the Sen- the CBP workforce. for data center migration, if ICE determines ate and $6,500,000 as proposed by the House, this to be a higher priority. an increase of $8,000,000 above the budget re- Rural and Remote Housing quest. The conferees direct these funds to be The conferees expect DHS to work to en- Prioritizing the Removal of Deportable awarded competitively and direct CBP to sure adequate housing for its personnel in Criminal Aliens submit an updated strategic acquisition plan rural and remote areas, particularly with the The conference report includes $200,000,000 to the Committees as discussed in the House significant increase of CBP personnel de- exclusively for ICE efforts to identify and re- report. ployed to the Northern and Southwest Bor- move deportable criminal aliens as proposed

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.060 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11215 by the House, instead of $195,589,000 as pro- Strategy (the Strategy), released on June 5, State and Local Programs posed by the Senate. ICE has branded these 2009. ICE is directed to brief the Committees The conference agreement includes a total efforts ‘‘Secure Communities,’’ and the con- no later than December 15, 2009, on its efforts of $117,394,000 for State and Local Programs ferees continue to have strong interest in the to effectively align resources to the Strat- as proposed by both the House and Senate. implementation and expansion of this pro- egy’s goals for border enforcement. Within this total, $68,047,000 is for the 287(g) gram. As a result, the conference agreement To support ICE efforts along the South- program; $14,357,000 is provided for the includes a statutory requirement for ICE to west border in combating crime related to Forensics Document Laboratory, which sup- report to the Committees, within 45 days of transnational smuggling and illicit trade, ports all ICE investigatory programs and of- the close of each quarter of the fiscal year, the conference agreement provides a total of fers specialized assistance to State and local on progress to make sure all aliens who have $100,000,000, $30,000,000 more than requested. law enforcement agencies; and $34,990,000 is been convicted of crimes and ordered re- Of these amounts, an additional $10,000,000 is for the Law Enforcement Support Center. for BEST team expansion, which includes moved from the United States are indeed de- Deportation of Parents of U.S.-Born Children ported to their country of origin. $2,000,000 for intelligence activities; an addi- The conferees include statutory language tional $10,000,000 is for counter-proliferation As discussed in the House and Senate re- directing ICE to allocate not less than investigations, including anti-gun smuggling ports, ICE does not currently track in any $1,500,000,000 of its total Salaries and Ex- activities; and an additional $10,000,000 is for meaningful or comprehensive way, informa- penses budget to the identification and re- investigations of transnational gangs. tion about the removal of alien parents of moval of criminal aliens, indicating the high The conferees are aware of ongoing efforts U.S.-born children. In order to better under- level of attention the conferees expect ICE to coordinate the investigative activities of stand the scale and intricacies of this issue, immigration enforcement managers will DHS and the Department of Justice (DOJ) the conferees direct ICE to submit, within 60 place on finding and deporting those who along the Southwest border. The conferees days after the date of enactment of this Act, have already proved their ability to harm commend the Administration for this plan to an evaluation of the process and data man- U.S. citizens and legal residents. The con- expand and share network ballistics imaging agement system changes necessary to track ferees recognize the complex mix of com- technology with Mexican law enforcement the information discussed in both the House peting priorities confronting ICE when en- agencies as part of the Strategy. As dis- and Senate reports, including a timeline for forcing immigration laws, and have provided cussed in the Senate report, the sharing of implementing the required changes in fiscal record appropriations since 2007 to support ballistics information can potentially gen- year 2010. ICE is directed to begin collecting erate significant leads for investigations all ICE immigration enforcement activities. data on the deportation of parents of U.S.- into gun violence and weapons smuggling. Despite this robust level of funding, ICE has born children no later than July 1, 2010, and The conferees encourage DHS to continue to been unable to fully develop a capacity to to provide the data at least semi-annually to work closely with the DOJ to ensure appro- identify all individuals who have been con- the Committees and the Office of Immigra- priate protocols are in place to share bal- victed of criminal offenses, ordered removed tion Statistics. listic information between the two agencies from the country, and are in law enforce- Textile Transshipment Enforcement and with Mexican law enforcement partners ment custody. The conferees expect ICE will As discussed in the House report, the con- to further collective investigative efforts. continue to make significant progress estab- ference agreement includes $4,750,000 for tex- lishing the Secure Communities program at Detention Bed Spaces tile transshipment enforcement, as author- booking locations, jails and prisons through- The conference report includes a provision ized by section 352 of the Trade Act of 2002. out the country in fiscal year 2010. Within 30 directing that a level of 33,400 detention beds Concurrent with its fiscal year 2011 budget days of the enactment of this Act, the con- shall be maintained throughout fiscal year submission, ICE should report on this activ- ferees direct ICE to submit to the Commit- 2010. ity as discussed in the House report. tees an explicit plan for how the agency will Detention Standards Oversight and AUTOMATION MODERNIZATION allocate these program resources to the iden- Compliance (INCLUDING TRANSFER OF FUNDS) tification and removal of deportable crimi- As discussed in both the House and Senate The conference agreement provides nal aliens. reports, the conferees support ICE’s proposal $90,000,000 for Automation Modernization in- The conferees note that ICE has had initial to expand the Office of Professional Respon- stead of $105,000,000 as proposed by the House success deploying the Secure Communities sibility and Detention Facilities Inspection and $85,000,000 as proposed by the Senate. In- program to more than 40 locations nation- Group, and provide an increase of $2,100,000 cluded in this amount is the full budget re- wide. Data indicate that Secure Commu- over the budget request for these programs quest for the TECS and Atlas modernization nities helped ICE issue more than 6,000 immi- in fiscal year 2010 to address workplace fraud programs, and for ICE efforts to convert gration detainers at these locations between as proposed by the Senate. health records to digital format. The con- October 2008 and April 2009, many of which Alternatives to Detention ferees direct ICE to provide, within 30 days were for individuals convicted of serious of- The conference agreement provides from the date of enactment of this Act, a fenses such as rape, armed robbery, and vio- $69,913,000 for Alternatives to Detention pro- briefing that identifies the funding levels to lent drug-related crimes. As in past years, grams instead of $73,913,000 as proposed by be allocated to other programs funded in this the conferees include a statutory require- the House and $63,913,000 as proposed by the account. In addition, the conference report ment for ICE to prioritize the removal of Senate. Included in the conference report is includes a statutory restriction withholding aliens convicted of crimes by the severity of a statutory restriction on expenditure of ICE $10,000,000 of the Automation Modernization that crime to ensure the most dangerous appropriations on field office collocation appropriation from obligation until ICE sub- criminal aliens are not simply released back until ICE submits to the Committees a plan mits a detailed fiscal year 2010 expenditure into the U.S. after the completion of their for nationwide deployment of the Alter- plan for this account. Should ICE determine criminal sentences. natives to Detention program. that data center migration is a higher pri- Southwest Border Enforcement Initiative Detention and Removal Reporting ority than its various automation mod- The conferees note the vigor with which ICE is directed to continue to submit quar- ernization programs, it may transfer up to ICE has rapidly devoted resources toward the terly reports on detention and removal sta- $10,000,000 from this account to ‘‘Salaries and enhancement of law enforcement efforts tistics, as discussed in the Senate report. Expenses’’ for this purpose. along the Southwest border in response to ICE Investigations CONSTRUCTION the increase in cross-border crime in fiscal The conference agreement provides an ad- year 2009. These efforts include the establish- The conference agreement provides ditional $4,818,000 for ICE construction, ment of 10 Border Enforcement Security $1,649,551,000 for ICE domestic investigations which funds basic and emergency mainte- Task Forces (BESTs) along the Southwest instead of $1,643,360,000 as proposed by the nance at ICE-owned detention facilities in- border to better utilize the collective capa- House and $1,666,551,000 as proposed by the stead of $11,818,000 as proposed by the House bilities of Federal, State, local, and inter- Senate. The conference agreement also pro- and no funding as proposed by the Senate. national law enforcement partners. Further- vides $143,558,000 for ICE international inves- more, ICE has signed new agreements with tigations instead of $144,758,000 as proposed TRANSPORTATION SECURITY ADMINISTRATION the Drug Enforcement Administration and by the House and $143,058,000 as proposed by AVIATION SECURITY the Bureau of Alcohol, Tobacco, Firearms, the Senate. Within the funding provided for The conference agreement provides and Explosives to strengthen and better co- international investigations, the conference $5,214,040,000 for Aviation Security instead of ordinate Federal law enforcement efforts to agreement includes $30,686,000 for ICE Visa $5,265,740,000 as proposed by the House and thwart the smuggling of drugs, bulk cash, Security Units instead of $31,886,000 as pro- $5,233,328,000 as proposed by the Senate. In weapons, illegal aliens, and other contraband posed by the House and $30,186,000 as pro- addition to the amounts appropriated, a by transnational criminal organizations. posed by the Senate. mandatory appropriation totaling While very supportive of these efforts, the ICE Worksite Enforcement $250,000,000 is available through the Aviation conferees believe ICE must examine the The conference agreement provides Security Capital Fund. Statutory language broader resource implications and sustain- $134,778,000 for ICE worksite enforcement in- reflects the collection of $2,100,000,000 from ability of this new operational posture in the vestigations, an increase of $6,000,000 above aviation user fees, as authorized. The fol- context of achieving the objectives of the the amount requested in the budget, as dis- lowing table specifies funding by budget ac- National Southwest Border Counternarcotics cussed in the Senate report. tivity:

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.062 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11216 CONGRESSIONAL RECORD — HOUSE October 13, 2009 Screening Operations: ings achieved and anticipated by fiscal year ing eligibility pursuant to section 1604(b)(2) Screener Workforce: from the installation of the new systems. of the 9/11 Act. Privatized screening .... $149,643,000 The report shall specifically address FTE As discussed in the House report, TSA is Screener personnel, savings. encouraged to consider using funds for dedi- compensation, and ben- TSA shall provide a briefing within 30 days cated pre-engineered structures related to efits ...... 2,758,575,000 after submission of the fiscal year 2011 Con- optimal screening solutions for EDS instal- gressional Budget Justification presenting a lations. Subtotal, screener revised fiscal year 2011 budget structure for The conferees continue to be interested in workforce ...... 2,908,218,000 the Committees consideration that includes the feasibility of consolidating checkpoint Screening training and an appropriation for personnel and related and checked baggage systems at medium- other ...... 204,713,000 operational expenses with a one-year avail- and small-sized airports and direct TSA to Checkpoint support ...... 128,739,000 ability. expeditiously submit the report required by EDS/ETD Systems: February 16, 2009, on this topic. Screener Training and Other EDS procurement and Screening Technology Maintenance and installation ...... 778,300,000 The conference agreement provides Utilities $204,713,000 for Screener Training and Other Screening technology The conference agreement provides as proposed by the House instead of maintenance and utili- $316,625,000 for Screening Technology Main- $203,463,000 as proposed by the Senate. Within ties ...... 316,625,000 tenance and Utilities as proposed by the the funds provided is $1,250,000 for the Safe Operation integration 21,481,000 House instead of $326,625,000 as proposed by Skies Alliance to develop and enhance re- the Senate. The conferees remain interested search and training capabilities for Trans- Subtotal, EDS/ETD in controlling the growing maintenance portation Security Officer improved explo- systems ...... 1,116,406,000 costs of the agency’s screening technologies sive detection recognition training. Subtotal, screening op- and understand that TSA is working with erations ...... 4,358,076,000 Checkpoint Support vendors to develop equipment with greater Aviation Security Direc- The conference agreement provides throughput and lower maintenance costs. tion and Enforce- $128,739,000 for Checkpoint Support as pro- The conferees support this effort and encour- ment: posed by the House and Senate. TSA shall age TSA to look for ways to control costs in Aviation regulation move to a fully competitive procurement this area in the future. and other enforcement 254,064,000 process for checkpoint support equipment no Airport Management and Support Airport management later than September 30, 2010, and update the The conference agreement provides and support ...... 453,924,000 Committees periodically on the progress it is Federal flight deck of- $453,924,000 for airport management and sup- making to meet this requirement. As dis- ficer and flight crew port as proposed by the House instead of cussed under ‘‘Transportation Security Sup- training ...... 25,127,000 $448,424,000 as proposed by the Senate. Within port’’, TSA shall provide an expenditure plan Air cargo ...... 122,849,000 this funding is $5,500,000 for the flight data on checkpoint support expenditures on an initiative to support aircraft installation airport-by-airport basis. Subtotal, aviation se- and flight testing by September 30, 2011. Within 60 days after the date of enactment curity direction and Air Cargo of this Act, TSA shall report to the Commit- enforcement ...... 855,964,000 The conference agreement provides tees on the details and strategy for a com- Total, Aviation Secu- $122,849,000 for Air Cargo as proposed by the prehensive program to ensure passenger pri- rity ...... $5,214,040,000 House instead of $115,018,000 as proposed by vacy related to the whole body imaging the Senate. Within the funds provided: Privatized Screening (WBI) program. At a minimum, this strategy $4,730,000 is for testing, evaluation, and qual- The conference agreement provides should include: off-site monitoring; adequate ification of existing technologies for use in $149,643,000 for Privatized Screening as pro- privacy safeguards by software or other air cargo to assist the fresh fruit industry posed by the House and Senate. The Trans- means; procedures to prohibit storing, trans- and others in complying with new cargo portation Security Administration (TSA) is ferring, or copying any images produced by screening requirements; $2,200,000 is for in- directed to approve the applications of air- the machines; and a concept of operations spectors and canine teams to convert 35 leg- ports that are seeking to participate in the plan for those passengers that choose a phys- acy teams to proprietary teams; $3,450,000 is screening partnership program that meet all ical search rather than WBI screening. for 50 new inspectors to address the addi- of TSA’s criteria, including the determina- Explosives Detection Systems tion that contract screening can be provided tional inspection workload related to the A total of $1,028,300,000 is available for Ex- at that location in a cost-effective manner. 100-percent screening mandate and other reg- plosives Detection Systems (EDS) procure- ulatory responsibilities; and $4,350,000 is for Screener Personnel, Compensation, and ment and installation. Within this total, the deployment of skid-level and palletized Benefits conference agreement provides $778,300,000 in screening technologies, including vapor de- The conference agreement provides discretionary funding instead of $800,000,000 tection and metal detection technologies, to $2,758,575,000 for Screener Personnel, Com- as proposed by the House and $802,169,000 pro- meet the 100-percent screening mandate. pensation, and Benefits as proposed by the posed by the Senate. An additional TSA is encouraged to continue its efforts Senate instead of $2,788,575,000 as proposed by $250,000,000 in mandatory funding is available to assist the fresh fruit industry in com- the House. Within this funding, the conferees from the Aviation Security Capital Fund. plying with new cargo scanning require- have approved $211,861,214 for behavior detec- Not less than 28 percent of the funds pro- ments and to expedite the development and tion officers, an increase of 126 new behavior vided shall be available for the purchase and approval of efficient and effective cargo detection officer FTEs to enhance ongoing installation of certified EDS at medium- and screening technologies. activities at the nation’s larger airports. As small-sized airports as proposed by the Sen- TSA is directed to regularly brief the Com- discussed in the Senate report, no later than ate instead of 25 percent as proposed by the mittees on the results of its air cargo pilot 60 days after the date of enactment of this House. Any award to deploy EDS shall be before a nationwide rollout and identify any Act, TSA shall report on the scientific basis based on risk, the airport’s current reliance impediments it may have in meeting the 100- for using behavior pattern recognition for on other screening solutions, lobby conges- percent air cargo screening requirement by observing airline passengers for signs of hos- tion resulting in increased security concerns, August 2010. tile intent, the effectiveness of this program high injury rates, airport readiness, and in- No later than 60 days after the date of en- in meeting its goals and objectives, and the creased cost effectiveness. actment of this Act, TSA shall submit an ex- justification for expanding the program. TSA shall move to a fully competitive EDS penditure plan to the Committees on the al- GAO shall review this report and provide its procurement process no later than Sep- location of air cargo funds, including carry- findings to the Committees no later than 120 tember 30, 2010, and update the Committees over balances. days after the report is submitted to the periodically on the progress it is making to SURFACE TRANSPORTATION SECURITY Committees. meet this requirement. The conference agreement provides The conferees agree with the Senate rec- The 9/11 Act requires that TSA prioritize $110,516,000 for Surface Transportation Secu- ommendation to reduce funding below the funding for in-line baggage system deploy- rity instead of $103,416,000 as proposed by the request in this account due to repeated large ment using a risk-based model, to include House and $142,616,000 as proposed by the carryover balances. With the large influx of consideration of those airports incurring eli- Senate. Within this total, $42,293,000 is for funding provided by ARRA and this Act, TSA gible costs for EDS that were not recipients surface transportation staffing and oper- is able to greatly expedite the deployment of of funding agreements under 49 U.S.C. 44923. ations and $68,223,000 is for surface transpor- next generation technologies at the check- The TSA expenditure plan, discussed under tation security inspectors and canines. point and to install significantly more in- ‘‘Transportation Security Support’’, shall Within the funds provided for surface line explosives detection systems, thereby identify those airports that have petitioned transportation security inspectors and ca- permitting a reduction in personnel. TSA TSA for support and include these airports nines, the conferees provide $7,100,000 for 100 shall report to the Committees, in tandem as part of the risk-based prioritization anal- new surface transportation inspectors, allow- with the fiscal year 2011 budget, on the sav- ysis of airport projects for determining funding TSA to fulfill 9/11 Act requirements. Due

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.063 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11217 to TSA delays in hiring, the conferees pro- Support instead of $992,980,000 as proposed by $581,503,000 is available for defense-related vide $25,000,000, half the increased funding re- the House and $999,580,000 as proposed by the activities, including $241,503,000 for overseas quested, for new rail inspectors to create 15 Senate. Funding is provided as follows: contingency operations. Funding for oper- new Visible Intermodal Protection and Re- Headquarters administra- ating expenses shall be allocated as follows: sponse (VIPR) teams. These funds cannot be tion ...... $248,929,000 Military pay and allow- obligated until TSA provides an expenditure Information technology .... 498,310,000 ances: plan detailing how and where these new Human capital services ..... 226,338,000 Military pay and allow- VIPR teams will be deployed. Intelligence ...... 28,203,000 ances ...... $2,718,493,000 TRANSPORTATION THREAT ASSESSMENT AND Military health care ...... 371,399,000 CREDENTIALING Total, Transportation Permanent change of sta- The conference agreement provides a di- Security Support ...... $1,001,780,000 tion ...... 164,620,000 rect appropriation of $171,999,000 for Trans- Information Technology Subtotal, Military pay portation Threat Assessment and The conference agreement includes Credentialing as proposed by the House and and allowances ...... 3,254,512,000 $498,310,000 for Information Technology in- Civilian pay and benefits ... 699,794,000 the Senate. In addition, the conferees have stead of $489,510,000 as proposed by the House Training and recruiting: moved all fee funded screening activities and $496,110,000 as proposed by the Senate. Training and education .. 103,417,000 into this account. TSA anticipates it will Within this total is $8,800,000 for data center Recruitment ...... 102,761,000 collect $47,620,000 in fees. Funding is provided migration. as follows: Expenditure Plans Subtotal, Training and recruiting ...... 206,178,000 Direct Appropriations: The conference report includes language Operating funds and unit Secure flight ...... $84,363,000 requiring TSA to submit detailed expendi- level maintenance: Crew and other vetting ture plans to the Committees for air cargo programs ...... 87,636,000 Atlantic Command ...... 177,474,000 security, and for checkpoint support and Pacific Command ...... 195,943,000 EDS procurement, refurbishment, and instal- Subtotal, direct appropria- 1st District ...... 60,074,000 lations is on an airport-by-airport basis for 5th District ...... 21,941,000 tions ...... 171,999,000 fiscal year 2010. These plans are due no later Fee Collections: 7th District ...... 78,338,000 than 60 days after the date of enactment of 8th District ...... 49,276,000 Transportation worker this Act. The conference report withholds 9th District ...... 31,672,000 identification creden- $20,000,000 of the total amount provided for 11th District ...... 17,641,000 tial ...... 9,000,000 Headquarters Administration from obliga- 13th District ...... 23,060,000 Hazardous materials ...... 15,000,000 14th District ...... 19,289,000 Alien flight school tion until the detailed expenditure plans are received. TSA shall provide quarterly up- 17th District ...... 29,829,000 (transfer from DOJ) ..... 4,000,000 Headquarters direc- Certified cargo screening dates on EDS and checkpoint expenditures, on an airport-by-airport basis. These updates torates ...... 288,630,000 program ...... 5,200,000 Headquarters managed shall include information on the specific Large aircraft security units ...... 158,901,000 technologies to be purchased, project program ...... 1,600,000 Other activities ...... 882,000 Secure identification dis- timelines, a schedule for obligation, and a play area checks ...... 10,000,000 table detailing actual versus anticipated un- Subtotal, Operating Other security threat as- obligated balances at the close of the fiscal funds and unit level sessments ...... 100,000 year, with an explanation of any deviation maintenance ...... 1,152,950,000 General aviation at DCA 100,000 from the original plan. TSA may reassess Centrally managed ac- Indirect air cargo ...... 2,600,000 and reallocate funds in the expenditure plan counts ...... 334,275,000 Sensitive security infor- if new requirements occur throughout the Intermediate and depot mation ...... 20,000 fiscal year, after providing notification to level maintenance: the Committees on the change within the Aeronautical ...... 365,291,000 Subtotal, fee collections ... $47,620,000 quarterly report. Electronic ...... 155,101,000 Secure Flight Risk Assessments Civil/ocean engineering The conference agreement provides As discussed in the Senate report, TSA is and shore facilities ...... 183,929,000 Vessel ...... 211,858,000 $84,363,000 for Secure Flight as proposed by directed to submit expeditiously a report as the House and Senate. The conferees do not directed in Senate report 110–396, related to include a general provision as proposed by Subtotal, intermediate risk analysis and resource allocations across and depot level main- the Senate prohibiting funds to be used to all transportation modes. The report can be test algorithms assigning risk to passengers tenance ...... 916,179,000 submitted in a classified or unclassified for- Overseas Contingency Op- whose names are not on a government watch mat. erations ...... 241,503,000 list or to use databases that are under con- FEDERAL AIR MARSHALS Total, Operating Ex- trol of a non-Federal entity because these penses ...... $6,805,391,000 activities are not permitted by the final Se- The conference agreement provides cure Flight rule. Any change beyond the $860,111,000 for the Federal Air Marshals Overseas Contingency Operations scope of this rule would require a new rule- (FAMs), as proposed by the House and Sen- The conference agreement provides making. ate. Within the total appropriation provided, $241,503,000 for Coast Guard operations in TSA shall report within 90 days after the $762,569,000 is for management and adminis- support of overseas contingency operations date of enactment of this Act on the progress tration and $97,542,000 is for travel and train- requirements as proposed by the House and it has made in addressing GAO’s Secure ing. TSA shall continue to provide quarterly Senate. Funding for these activities was re- Flight recommendations related to the name reports on the FAMs mission coverage, staff- quested in the Department of Defense budget matching system, appropriate life cycle ing levels, and hiring rates as directed in for the Navy. Consistent with actions taken costs, schedule estimates, and its assessment previous appropriations Acts. in P.L. 111–32, the conferees have instead ap- on the impact of modifications to the Com- As discussed in the House report, the con- propriated these funds directly to the Coast puter Assistance Passenger Pre-Screening ferees direct the Department to reassess the Guard. The conferees believe providing these System rules on air carriers. In addition, the long-term staffing levels for FAMs. The as- funds within the appropriate agency budgets conferees direct GAO to continue its review sessment should include a determination of in annual appropriations, rather than by of the Secure Flight program until all condi- the appropriate mix of staff required on a transfer in supplementals, improves visi- tions are generally achieved, and periodi- day-to-day basis; an identification of the bility and opportunities for effective over- cally update the Committees on its findings. types and numbers of flights FAMs should sight. The Coast Guard may allocate these As directed in the Senate report, TSA shall regularly be assigned to; whether legislative funds across its traditional PPAs in the Op- brief the Committees on any security con- changes may be necessary to better tailor erating Expenses account, without regard to cerns related to passengers providing fraudu- how FAMs deploy on a daily basis; and a de- section 503 of this Act. The Coast Guard is lent documents when making an airline res- tailed discussion on the methodology used to directed to provide a plan no later than 60 ervation and discuss how this will be ad- justify this optimal staffing mix. This as- days after the date of enactment of this Act dressed. sessment is due no later than February 1, on the distribution of these funds by PPA, No funds appropriated for crew and other 2010. and shall provide a quarterly report within vetting programs may be used to supplement COAST GUARD 45 days of the end of each quarter on the ac- the amount provided for the Secure Flight OPERATING EXPENSES tual and planned distribution of these funds. program, subject to section 503 of this Act. The conference agreement provides Financial Management TRANSPORTATION SECURITY SUPPORT $6,805,391,000 instead of $6,822,026,000 as pro- The conferees direct the Coast Guard to The conference agreement provides posed by the House and $6,838,291,000 as pro- provide a report on the progress of the Fi- $1,001,780,000 for Transportation Security posed by the Senate. Within this amount, nancial Strategy for Transformation and

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.064 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11218 CONGRESSIONAL RECORD — HOUSE October 13, 2009 Audit Readiness initiative no later than six Secretary make such certifications, the cient industrial work should be assigned to months after the date of enactment of this Coast Guard shall commence a phased de- the Yard to maintain this capability. Act, as outlined in the House report. Fur- commissioning of the LORAN–C infrastruc- Security of Liquefied Natural Gas thermore, the conferees direct the Coast ture, and provide a detailed termination plan Operations Guard to periodically update the Commit- for the system to the Committees within 30 The conferees direct the Secretary, in con- tees on progress made toward attaining a days of certification. junction with the Commandant, to submit a If the required certifications are met, sec- clean audit, as proposed by the Senate. report assessing whether the Coast Guard tion 559 also permits the Secretary to sell Reporting Requirements Withholding has sufficient resources to protect Liquefied LORAN–C property to offset the costs of en- The conferees note that despite legislative Natural Gas (LNG) tankers and facilities, vironmental compliance and restoration, in- mandates the Coast Guard has failed to and recommendations for strengthening the cluding costs of securing and maintaining produce an expenditure plan for the Inte- Coast Guard’s security role not later than equipment that may be used as a backup to grated Deepwater Systems program, a Cap- six months after the date of enactment of GPS. ital Investment Plan, or Quarterly Acquisi- this Act, as outlined in the Senate report. tion Reports in time to be of use during the Operations Systems Center Furthermore, the conferees direct the Coast fiscal year 2010 appropriations process. In an The conference agreement includes Guard to report to the Committees on the effort to encourage timely submissions to $3,600,000 above the budget request, as pro- impact of a proposed LNG facility in Fall the Committees of materials necessary for posed by the Senate, for customized tenant River, Massachusetts on boat traffic, as out- robust and informed oversight, the con- improvements in conjunction with the Oper- lined in the Senate report, no later than six ference report withholds $50,000,000 from ob- ations Systems Center (OSC) expansion months after the date of enactment of this ligation from the Coast Guard’s Head- project. The House provided no additional Act. quarters Directorates PPA until the Revised funding for this activity. The OSC continues National Vessel Documentation Center to experience steady growth in both the Deepwater Implementation Plan, a com- The conferees understand that user fee col- number of systems being developed and the prehensive five-year Capital Investment lections, which help offset the costs of Coast number of staff required to support those Plan for fiscal years 2011–2015, and the Quar- Guard activities at the National Vessel Doc- systems. Currently, 500 government and con- terly Acquisition Report for the second quar- umentation Center (NVDC), have decreased tractor personnel work at the OSC. The ex- ter of fiscal year 2010 have been submitted to due to the economic downturn. The Coast isting main facility space has been at capac- the Committees. Guard shall avoid any reduction in the ity for four years and it will not accommo- Biometrics at Sea NVDC’s government-employed or contract date the expected growth to over 900 staff. The conferees direct the Coast Guard to staff levels ordinarily funded through propri- The Coast Guard is currently housing several brief the Committees on its plans for the fu- etary receipts made available in this or any employees in temporary trailers. The Coast ture growth of the Biometrics at Sea pro- other Act by reassigning such staff to non- Guard is directed to work with GSA to gram no later than 60 days after the date of fee related Coast Guard activities. produce a prospectus no later than 60 days enactment of this Act, as outlined in the ENVIRONMENTAL COMPLIANCE AND House report. after the date of enactment of this Act for this expansion and to complete a competi- RESTORATION Counternarcotics Enforcement tively awarded lease. The conference agreement provides The conferees provide $4,000,000 above the Data Center Migration $13,198,000 for Environmental Compliance budget request to enhance Coast Guard coun- and Restoration as proposed by the House The conference agreement provides no ternarcotics enforcement efforts, instead of and Senate. The conferees direct the Coast funds for Coast Guard data center migration $5,735,000 as proposed by the House. No addi- Guard to provide the prioritized list out- as proposed by the House instead of tional funding for this activity was proposed lining the Environmental Compliance and $20,400,000 as proposed by the Senate. by the Senate. The Coast Guard is directed Restoration backlog and five-year restora- to report to the Committees no later than 15 Polar Icebreaking Operations and tion plan within six months after the date of days after the date of enactment of this Act Maintenance Funding enactment of this Act, as outlined in the on how these funds will be applied to specific The conferees expect polar icebreaking op- House report. counternarcotics programs. The application erations and maintenance budget authority RESERVE TRAINING of these additional funds may include expan- and associated FTE to be included in the The conference agreement provides sion of Airborne Use of Force and Law En- Coast Guard’s budget request for fiscal year $133,632,000 for Reserve Training as proposed forcement Detachment capabilities and 2011. The National Science Foundation and by the House and Senate. should be based upon the Coast Guard’s most Coast Guard shall update the existing Memo- pressing resource needs related to counter- randum of Agreement to reflect the change ACQUISITION, CONSTRUCTION, AND narcotics enforcement in the source and in budget authority as proposed by the Sen- IMPROVEMENTS transit zones. ate. Furthermore, the conferees direct the The conference agreement provides Critical Depot Level Maintenance Coast Guard to follow the direction regard- $1,537,080,000 for Acquisition, Construction, The conference agreement provides ing the high latitude study as outlined in the and Improvements instead of $1,347,480,000 as $10,000,000 above the budget request to ad- House report. proposed by the House and $1,597,580,000 as dress the Coast Guard’s significant backlog Invasive Species Protection proposed by the Senate. Funding is provided as follows: for critical depot level maintenance for The conferees are concerned about the aging surface, air, and shore assets, instead threat that harmful invasive species, such as Vessels: of $20,000,000 as proposed by the Senate and the Asian carp, pose to the Great Lakes eco- Response boat medium ... $121,000,000 $5,000,000 as proposed by the House for cutter system. The conferees are aware that the maintenance. These additional funds will ad- Chicago Sanitary and Ship Canal second dis- Subtotal, Vessels ...... 121,000,000 dress crew safety, habitability, hazardous persal barrier recently went to higher oper- Other Equipment: materials remediation, emergency and ating parameters. The Coast Guard is en- National distress and re- scheduled maintenance, and spare parts couraged to continue working in conjunction sponse system mod- availability requirements, as described in with the U.S. Army Corps of Engineers on ernization (Rescue 21) .. 117,000,000 the Senate report. any safety testing of the electrical param- HF recapitalization ...... 2,500,000 Interagency Operations Long Range Aids to Navigation—C eters deemed necessary. Centers (Command 21) 10,000,000 (LORAN–C) Watchstanders The conference agreement includes $12,000,000 above the request for LORAN–C, The conference agreement provides $500,000 Subtotal, Other Equip- instead of $36,000,000 as proposed by the above the budget request to meet increased ment ...... 129,500,000 Personnel and Related House and $18,000,000 as proposed by the Sen- operational demands and to enhance situa- Support: ate. The conference agreement includes and tional awareness and information sharing in Coast Guard command centers, instead of an Core acquisition costs .... 500,000 modifies a general provision (Sec. 559), as Direct personnel costs .... 104,700,000 proposed by the Senate continuing LORAN– additional $1,000,000 as proposed by the Sen- C operations through January 4, 2010. ate. The House proposed no additional funding for this activity. Subtotal, Personnel LORAN–C operations shall continue beyond and Related Support 105,200,000 that date unless the Commandant of the Coast Guard Yard Integrated Deepwater Sys- Coast Guard certifies that the termination of The conferees recognize the Coast Guard tems: the LORAN–C signal will not adversely im- Yard at Curtis Bay, Maryland, is a critical Aircraft: pact the safety of maritime navigation and component of Coast Guard’s core logistics Maritime patrol air- the Secretary certifies that the LORAN–C capability that directly supports fleet readi- craft ...... 138,500,000 system infrastructure is not needed as a ness. The conferees further recognize the HH–60 conversion backup to the Global Positioning System Yard has been a vital part of the Coast projects ...... 45,900,000 (GPS) or to meet any other Federal naviga- Guard’s readiness and infrastructure for HC–130H conversion/ tion requirement. If the Commandant and more than 100 years and believe that suffi- sustainment projects 45,300,000

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0655 E:\CR\FM\A13OC7.066 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11219 HH–65 conversion comprehensively display the types and quan- operational status is vital to national inter- project ...... 38,000,000 tities of operational assets covered by the ests in the polar regions. According to the C–130J fleet introduc- RDIP and the costs and schedule, by fiscal Coast Guard the only existing operational tion ...... 1,300,000 year and by asset, for the replacement or heavy icebreaker, the POLAR SEA, has only phase-out of legacy assets through refurbish- five years of service life remaining. The ab- Subtotal, Aircraft .... 269,000,000 ment or acquisition. Since the recapitaliza- sence of requested funding to complete fiscal Surface Ships: tion of the Coast Guard’s cutters, aircraft, year 2009 efforts to reactivate POLAR STAR, National Security Cut- and C4ISR systems is a complex, multi-year, combined with the lack of compliance with ter ...... 389,480,000 and integrated program, the conferees be- standing Congressional direction on the Offshore Patrol Cutter 9,800,000 lieve it is imperative to evaluate the com- polar icebreaking budget, implies a broader Fast Response Cutter .. 243,000,000 plete acquisition program baseline, by asset, lack of commitment to sustaining polar ca- IDS small boats ...... 3,000,000 through the duration of the RDIP. Given pabilities and achieving long-term, strategic Patrol Boat that this RDIP review has been mandated in objectives in the Arctic. The conferees direct sustainment ...... 23,000,000 every annual appropriations Act for DHS the Coast Guard to brief the Committees no Medium Endurance since the first RDIP was established in No- later than December 15, 2009, on the program Cutter sustainment .. 31,100,000 vember 2006, the conferees cannot foresee execution plan for reactivation of POLAR Polar Icebreaker any justification for undue delay from DHS STAR and the status of resources required to sustainment ...... 27,300,000 and the Coast Guard in submitting a review achieve mission requirements for polar oper- High Endurance Cutter that fully complies with the specified re- ations. sustainment ...... 4,000,000 quirements, including complete baseline High Endurance Cutter Sustainment costs. As noted previously in this statement, Subtotal, Surface The conference agreement provides $50,000,000 is withheld from obligation from Ships ...... 730,680,000 $4,000,000 above the request for pre-acquisi- Coast Guard Headquarters Directorates until Technology Obsolescence tion survey and design to determine the re- this RDIP review is submitted to the Com- Prevention ...... 1,900,000 quirements for a maintenance effectiveness mittees, along with the Capital Investment C4ISR ...... 35,000,000 project for the High Endurance Cutter, in- Plan for fiscal years 2011–2015 and the Quar- Logistics ...... 37,700,000 stead of the $8,000,000 as proposed by the Sen- Systems engineering and terly Acquisition Report for the second quar- ate. No additional funding for this activity integration ...... 35,000,000 ter of fiscal year 2010. was proposed by the House. The conferees di- Government program Response Boat—Medium rect the Coast Guard to brief the Commit- management ...... 45,000,000 The conference agreement provides tees no later than 60 days after the date of $121,000,000 for the Response Boat—Medium enactment of this Act on preliminary plans Subtotal, Integrated (RB–M) acquisition, instead of $103,000,000 as for this effort, as proposed by the Senate. Deepwater Systems .. $1,154,280,000 proposed by the House and $123,000,000 as pro- Interagency Operations Centers (Command Shore Facilities and Aids posed by the Senate. These funds support the 21) to Navigation ...... 27,100,000 purchase of 39 RB–Ms, nine more than re- The conference agreement provides Total, Acquisition, quested. $10,000,000 for Interagency Operations Cen- Construction, and Maritime Patrol Aircraft ters instead of $28,000,000 as proposed by the Improvements ...... $1,537,080,000 The conference agreement provides Senate. No additional funding for this activ- Quarterly Acquisition Reports $138,500,000 for the Maritime Patrol Aircraft ity was proposed by the House. Within 90 The Commandant is directed to continue acquisition as proposed by the House instead days after the date of enactment of this Act, to submit quarterly acquisition and mission of $175,000,000 as proposed by the Senate. the Coast Guard shall submit an expenditure emphasis reports consistent with deadlines Funds are available for maritime patrol air- plan for these funds as outlined in the Sen- articulated under section 360 of division I of craft, mission pallets, simulator, and associate report. Public Law 108–7 and the fiscal year 2008 ated project costs. The Coast Guard is to Shore Facilities and Aids to Navigation joint explanatory statement. The conferees brief the Committees no later than 30 days The conference agreement provides note that the Coast Guard has adopted the after the date of enactment of this Act on $27,100,000 for shore facilities and aids to practice of comparing cost, schedule, and the planned distribution of these funds. navigation as proposed by the Senate instead performance estimates against the most re- National Security Cutter of $10,000,000 as proposed by the House. The cently approved baseline. This approach pro- The conference agreement provides conferees direct the Coast Guard to provide vides an incomplete assessment of an acqui- $389,480,000 for the National Security Cutter the Committees with a prioritized list of sition’s progress against the original base- (NSC) acquisition as proposed by the Senate projects in the current construction backlog line. Therefore, the report shall compare instead of $281,480,000 as proposed by the by January 15, 2010, and the Coast Guard’s current estimates against the original base- House. These funds are to complete produc- plan to address them. line and the most recent baseline, if avail- tion of NSC #4 and for long lead-time mate- The conferees continue to be concerned able. This method is consistent with Depart- rials for NSC #5. The conferees direct the with the condition of the Coast Guard Acad- ment of Defense acquisition reporting policy Coast Guard to finalize the integrated logis- emy pier. The conference agreement includes and is recommended by GAO. When reporting tics plan for the NSC and to brief the Com- $300,000 for survey and design costs for this on ‘‘key project documents,’’ it should be mittees on it within 60 days of the date of en- project as proposed by the Senate. noted if approved documentation differs actment of this Act. The conference agreement also includes from that required by the Major Systems Ac- Offshore Patrol Cutter $16,800,000, as proposed by the Senate, to quisition Manual or the Department’s Acqui- complete the project proposal to renovate, The conferees direct the Coast Guard to sition Review guidance. The reports should improve, or construct a new Station and Ma- brief the Committees by March 15, 2010, on also indicate if a test and evaluation master rine Safety Unit Cleveland Harbor, Ohio, and the progress of its ongoing preliminary ac- plan has been approved for an asset. Finally, to begin work on this project. The Coast quisition work on the Offshore Patrol Cut- the acquisition reports shall include a stop- Guard should take a phased approach to this ter, including the results of the requirements light chart that tracks key performance pa- project to fully utilize the funds available. rameters of each asset through develop- and alternatives analyses. In addition, the conference agreement in- mental and operational testing. The con- Fast Response Cutter cludes a general provision, as proposed by ferees note that Coast Guard consistently The conferees expect the Coast Guard to the House, authorizing the Coast Guard to fails to meet the quarterly submission dead- continue quarterly briefings on the status of use previously appropriated funds for the lines for these reports and find such poor the Fast Response Cutter procurement as consolidation of Sector Buffalo to enhance compliance to be unacceptable. outlined in the Senate report, including in- public access to the Buffalo Lighthouse. The Comprehensive Review of the Revised formation on the effectiveness of its efforts Coast Guard is directed to brief the Commit- Deepwater Implementation Plan to control cost growth in the program. tees within 90 days after the date of enact- The conferees note with emphasis the leg- Polar Icebreaker Sustainment ment of this Act on how this aspect of the islative requirement for the Secretary to The conference agreement provides an ad- project will be completed by the end of fiscal submit a comprehensive review of the Re- ditional $32,500,000 to complete the reactiva- year 2011. vised Deepwater Implementation Plan tion and service life extension of the Coast Hiring Authorities (RDIP). The long standing requirements for Guard Cutter POLAR STAR as proposed by The conferees encourage the Coast Guard this review are specific: a complete projec- the Senate. No additional funding for this to work with the appropriate authorizing tion of the acquisition costs and schedule for activity was proposed by the House. Of this committees of Congress to ensure that its the duration of the RDIP. The conferees ex- amount, $5,200,000 is provided in the Acquisi- hiring authorities are on par with those of pect this review to update the original RDIP tion, Construction, and Improvements direct the other armed services, as recommended estimated total cost of $24.2 billion and pro- personnel costs PPA. Funds shall be applied by the Senate. Furthermore, the conferees jected completion by fiscal year 2027. Fur- as specified in the Senate report. The con- direct the Coast Guard to brief the Commit- thermore, the review should clearly and ferees believe returning POLAR STAR to tees no later than 60 days after the date of

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.068 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11220 CONGRESSIONAL RECORD — HOUSE October 13, 2009 enactment of this Act on efforts to reduce International Field Of- should seek a transfer or reprogramming of reliance on contractors performing inher- fice Administration, funds in accordance with section 503 of this ently governmental work, as proposed by the Operations, and Train- Act. Senate. ing ...... 30,705,000 Secret Service Information Technology Great Lakes Icebreaking Electronic Crimes Spe- Modernization cial Agent Program The conferees direct the Coast Guard to The conference agreement provides and Electronic Crimes conduct an alternatives analysis for Great $33,960,000 for Secret Service information Task Forces ...... 56,541,000 Lakes icebreaking and submit it to the Com- technology modernization as proposed by the Support for missing and mittees no later than four months after the Senate instead of $12,700,000 as proposed by exploited children ...... 8,366,000 date of enactment of this Act, as outlined in the House. The conferees include statutory language prohibiting the obligation of these the Senate report. Subtotal, Investiga- funds for any information technology equip- Government Accountability Office Reviews tions ...... 356,504,000 ment purchases until the DHS Chief Infor- The conferees direct the GAO to continue Headquarters, Management mation Officer (CIO) certifies to the Commit- its oversight of the Deepwater Program. In and Administration ...... 221,045,000 tees that Secret Service information tech- addition to the programs highlighted in the Training: nology modernization is consistent with Senate report, GAO should focus on pro- Rowley Training Center 54,360,000 DHS guidance for data center consolidation grams nearing critical decision points, such Total, U.S. Secret and enterprise architecture requirements. as the Fast Response Cutter, Maritime Pa- The Secret Service is to work with the trol Aircraft, and C4ISR, as well as con- Service, Salaries and Expenses ...... $1,478,669,000 DHS CIO to develop a transition plan to inte- tinuing its ongoing work reviewing the ac- grate the agency’s data center consolidation quisition of the NSC and changes made to ac- SECRET SERVICE FINANCIAL MANAGEMENT efforts, as proposed by the House; and the quisition processes and policies at both the On June 30, 2009, the Department of Home- Secret Service and DHS CIO are to provide component and Departmental level that will land Security notified Congress that the Se- semi-annual briefings to the Committees on affect how the Coast Guard functions as sys- cret Service expended $5,100,000 more than progress in upgrading IT systems and pro- tems integrator. The conferees expect GAO had been appropriated for Presidential cam- grams, as proposed by the Senate. to review Coast Guard expenditure plans paign protection in fiscal year 2009. In order Uniformed Division Modernization once they are transmitted to the Commit- to rectify this shortfall, the Committees di- The conference agreement does not provide tees. rected the Secret Service to reallocate ap- the requested $4,040,000 for implementation ALTERATION OF BRIDGES propriations originally provided in the Om- of the proposed Uniformed Division Mod- nibus Appropriations Act, 2009, to expand the The conference agreement provides ernization Act (UDMA) as proposed by the agency’s protective mission. This realloca- $4,000,000 for Alteration of Bridges, as pro- House instead of the $4,040,000 proposed by tion was supported by information provided posed by the Senate instead of $10,000,000 as the Senate. While the relevant authorizing to the Committees showing that the Secret proposed by the House. Funding is provided committees of jurisdiction have begun the Service planned to hire fewer Special Agents for alteration of the Fort Madison Bridge in legislative process to enact such reforms and in fiscal year 2009 than had originally been Fort Madison, Iowa. the conferees are supportive of these re- planned. RESEARCH, DEVELOPMENT, TEST, AND forms, it is not clear when this work will be The conferees are extremely concerned EVALUATION complete. If the proposed UDMA is enacted that it took the Department and the Secret The conference agreement provides into law in fiscal year 2010, the Committees Service more than seven months to notify $24,745,000 for Research, Development, Test, are willing to work with the Administration the Congress of the campaign protection cost and Evaluation instead of $19,745,000 as pro- to implement such reforms expeditiously. overruns. At a minimum, this ex post facto posed by the House and $29,745,000 as pro- reporting violated section 503 of the Depart- New Secret Service Offices and Locations posed by the Senate. Within this total is ment of Homeland Security Appropriations The conference agreement includes funding $5,000,000 above the request for unmanned Act, 2009, which requires the Department to for operations of the Tallinn, Estonia, inter- aircraft system (UAS) priority research, in- notify the Congress in advance of any pro- national field office, as requested in the stead of $10,000,000 as proposed by the Senate. posals to reprogram or transfer appropriated budget. At the end of fiscal year 2009, the Se- No additional funding for this activity was funds. The conferees are concerned that such cret Service determined that the best loca- proposed by the House. The conferees direct action may have violated the Anti-Defi- tion from which to combat emerging elec- the Coast Guard to provide periodic updates ciency Act, which prohibits any executive tronic crime threats in the Baltic States is on the research schedule, findings, and impli- branch employee from obligating or expend- Tallinn, and informed the Committees of cations for potential acquisition and deploying funds in excess of levels appropriated by this decision when it proposed using a por- ment of UAS resources, as noted in both the Congress. As a result of these concerns, the tion of that year’s international operations House and Senate reports. conferees direct the Comptroller General to appropriation to open the office. The Com- The conferees direct the Coast Guard to re- investigate this situation, report to the mittees subsequently approved this expan- port to the Committees on how the research Committees on whether the Department’s sion. projects outlined in the request will be sup- action violated these laws, and identify all Given concerns that the Secret Service has ported, including development of freshwater actions taken or recommended to be taken opened other new permanent offices without ballast treatment technologies, within 90 to address and correct any violation. notifying the Congress, the conference report days after the date of enactment of this Act, In addition, the conferees note this is not includes a statutory requirement that the as outlined in the House report. the first incidence of budgetary execution Secret Service notify the Committees in ad- RETIRED PAY problems at the Secret Service. A similar vance of obligating any funds to open a new The conference agreement provides disregard of budgetary limitations occurred permanent domestic or overseas Secret Serv- $1,361,245,000 for retired pay as proposed by at the end of the 2004 Presidential campaign ice office or location. the House and the Senate. and again after the 2005 United Nations Gen- ACQUISITION, CONSTRUCTION, IMPROVEMENTS, UNITED STATES SECRET SERVICE eral Assembly meeting. Concerns regarding AND RELATED EXPENSES the Secret Service’s ability to provide time- SALARIES AND EXPENSES The conference agreement provides ly information on budget execution to the $3,975,000 for Acquisition, Construction, Im- The bill provides $1,478,669,000 for Secret Committees were explicitly discussed in provements, and Related Expenses as pro- Service Salaries and Expenses instead of House Report 109–476, including direction on posed by both the House and the Senate. $1,457,409,000 as proposed by the House and corrective actions. Furthermore, the Secret $1,482,709,000 as proposed by the Senate. The TITLE III—PROTECTION, PREPARED- Service has already indicated that its pro- NESS, RESPONSE, AND RECOVERY funds should be allocated as follows: tective responsibilities in fiscal year 2010 NATIONAL PROTECTION AND PROGRAMS Protection: will include more protectees than budgeted, DIRECTORATE Protection of Persons raising the possibility that fiscal year 2010 and Facilities ...... $755,521,000 resources for the Secret Service protective MANAGEMENT AND ADMINISTRATION Protective Intelligence mission may prove inadequate. Therefore, The conference agreement provides Activities ...... 67,824,000 the conferees direct the Department of $44,577,000 for Management and Administra- National Special Secu- Homeland Security Chief Financial Officer tion of the National Protection and Pro- rity Event Fund ...... 1,000,000 and the United States Secret Service Assist- grams Directorate (NPPD), as proposed by White House mail screen- ant Director for Administration to brief the both the House and the Senate. As discussed ing ...... 22,415,000 Committees not later than 30 days after the in the Senate report, the Under Secretary is date of enactment of this Act on the process directed to provide quarterly briefings to the Subtotal, Protection ... 846,760,000 that will be implemented in fiscal year 2010 Committees on the specific use of resources. Investigations: to ensure such problems do not reoccur. The In addition, the conferees direct NPPD to Domestic Field Oper- President should seek additional funds if a submit to the Committees, within 60 days ations ...... 260,892,000 shortfall is identified, or the Department after the date of enactment of this Act, an

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.070 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11221 expenditure plan for the Office of Risk Man- partnership management. Within 15 days retary to provide a report by June 1, 2010, on agement and Analysis. after the date of enactment of this Act, the the status of cyber security measures in INFRASTRUCTURE PROTECTION AND NPPD Chief Financial Officer shall provide States and large urban areas, as proposed in INFORMATION SECURITY the Committees an explanation of how this the Senate report. Instead, NPPD, in co- additional funding will be divided between operation with FEMA and relevant stake- The conference agreement provides these two activities. holders, shall develop the necessary tools for $899,416,000 for Infrastructure Protection and all levels of government to complete a cyber Information Security (IPIS) instead of Infrastructure Protection—Mitigation network security assessment so that a full $883,346,000 as proposed by the House and Programs measure of gaps and capabilities can be com- $901,416,000 as proposed by the Senate. Fund- The conference agreement provides pleted in the near future. NPPD, in conjunc- ing levels by activity are as follows: $197,111,000 for Mitigation Programs instead tion with FEMA, shall brief the Committees of $196,961,000 as proposed by the House and Infrastructure Protection: within 60 days after the date of enactment of $196,111,000 as proposed by the Senate. This Identification and Anal- this Act on the specific timeframes and amount includes $14,768,000 for the Office of ysis ...... $90,610,000 deliverables necessary to complete the devel- Bombing Prevention as proposed by the Sen- Coordination and Infor- opment and execution of such tools in order ate instead of $14,618,000 as proposed by the mation Sharing ...... 59,582,000 to complete such an assessment by June House. As discussed in the House report, Mitigation Programs ...... 197,111,000 2011. $1,000,000 is for infrastructure and crime Office of Emergency Communications Subtotal, Infrastructure monitoring cameras in the City of Philadel- Protection ...... 347,303,000 phia, Pennsylvania. As discussed in the Sen- The conference agreement provides National Cyber Security ate report, the conferees encourage the Of- $45,060,000 for the Office of Emergency Com- Division: fice of Infrastructure Protection to work munications (OEC) as proposed by the House U.S. Computer Emer- with the University of Southern Mississippi and instead of $44,060,000 as proposed by the gency Response Team to address the range of potential and actual Senate. As discussed in the House report, (US–CERT) ...... 323,629,000 threats and risks to the on-going safety and $1,000,000 of this amount is for SEARCH of Strategic Initiatives ...... 64,179,000 security at venues with large crowds. Sacramento, California, to provide inter- Outreach and Programs .. 9,346,000 National Cyber Security Division—U.S. Com- operable communications, training, certifi- Subtotal, National Cyber puter Emergency Response Team (US– cation, technical assistance, and outreach Security Division ...... 397,154,000 CERT) programs to State, regional, and local first responder communications coordinators. As Office of Emergency Com- The conference agreement provides discussed in the Senate report, the conferees munications ...... 45,060,000 $323,629,000 for the National Cyber Security are concerned that OEC has been slow to es- National Security/Emer- Division (NCSD) US–CERT program instead tablish Emergency Preparedness Commu- gency Preparedness of $310,629,000 as proposed by the House and nications Centers (ECPC) and direct GAO to (NS/EP) Telecommuni- $331,629,000 as proposed by the Senate. Within evaluate progress made to initiate this pro- cations: the total provided, the conferees provide gram and any obstacles to Federal coordina- Priority Telecommuni- $5,000,000 for the Cyber Security Coordina- tion through ECPC. cations Services ...... 56,773,000 tion program. In addition, the conferees di- Next Generation Net- rect the Department to utilize any unobli- National Security/Emergency Preparedness works ...... 25,000,000 gated balances from the now-discontinued Telecommunications—Next Generation Programs to Study and National Cyber Security Center for this co- Networks Enhance Telecommuni- ordinating function. As discussed in the Sen- The conference agreement provides cations ...... 16,774,000 ate report, the conference agreement pro- $25,000,000 for the Next Generation Networks Critical Infrastructure vides $8,000,000 for data center migration ac- (NGN) program as proposed by both the Protection Programs ... 11,352,000 tivities. House and the Senate. Given that it took Subtotal, NS/EP Tele- National Cyber Security Division—Strategic NPPD more than eight months to submit a communications ...... 109,899,000 Initiatives fiscal year 2009 NGN expenditure plan that Total, Infrastructure Pro- did not fulfill all of the requirements speci- The conference agreement provides tection and Information fied by Congress, the conferees direct NPPD $64,179,000 for NCSD Strategic Initiatives as Security ...... $899,416,000 to submit a fiscal year 2010 expenditure plan proposed by the House instead of $57,679,000 for this program within 60 days after the Budget Structure as proposed by the Senate. As discussed in date of enactment of this Act and withhold As discussed in the House report and re- the House report, the total amount includes: half of the appropriation until the Commit- gardless of any alternative budget structures $3,500,000 for a Cyber Security Test Bed and tees approve the plan. that may be proposed, the NPPD Chief Fi- Evaluation Center in Research Triangle nancial Officer is directed to submit the fis- Park, North Carolina; $3,500,000 for cyber se- National Security/Emergency Preparedness cal year 2011 budget in a PPA structure iden- curity training at the University of Texas at Telecommunications—Programs to Study tical, by account, to that enacted in this Act San Antonio; $3,000,000 for the Multi-State and Enhance Telecommunications and as presented in this statement. Further- Information Sharing and Analysis Center The conference agreement provides more, any report, briefing, or explanatory (MS–ISAC) at the New York Office of State $16,774,000 for Programs to Enhance and materials submitted to the Committees in Cyber Security and Critical Infrastructure Study Telecommunications (PSET) as pro- fiscal year 2010 should present funding in Coordination; $3,000,000 for the Power and posed by both the House and Senate. The this same structure. Cyber Systems Protection, Analysis, and conference agreement does not provide the Infrastructure Protection—Identification Testing Program at the Idaho National Lab- budget request for the proposed Continuity and Analysis oratory, Idaho; $500,000 for Virginia’s Oper- Communications Architecture program but The conference agreement provides ational Integration Cyber Center of Excel- does not preclude the use of other PSET $90,610,000 for Identification and Analysis as lence (VOICCE) in Hampton, Virginia; and funds for this purpose, pursuant to section proposed by the Senate instead of $86,610,000 $100,000 for the Upstate New York Cyber Ini- 503 of this Act. as proposed by the House. This amount in- tiative at Clarkson University. National Security/Emergency Preparedness cludes $26,521,000 for Vulnerability Assess- National Cyber Security Division—Outreach Telecommunications—Critical Infrastruc- ments and $20,000,000 for the National Infra- and Programs ture Protection Programs structure Simulation and Analysis Center The conference agreement provides The conference agreement provides (NISAC). As discussed in the Senate report, $9,346,000 for NCSD Outreach and Programs $11,352,000 for Critical Infrastructure Protec- the conferees encourage NISAC to continue as proposed by the Senate instead of tion Programs as proposed by the House in- to work with the National Incident Manage- $7,096,000 as proposed by the House. Within stead of $13,852,000 as proposed by the Senate. ment Systems and Advanced Technologies this amount, the conference agreement pro- No funding is included for the Regional Com- Institute at the University of Louisiana at vides $2,250,000 for the Cyber Security Infor- munications Coordinators program. Lafayette. mation Sharing and Collaboration program National Security/Emergency Preparedness Infrastructure Protection—Coordination and as requested in the budget. Telecommunications—National Command Information Sharing Nationwide Cyber Security Review and Coordination Capability The conference agreement provides The conferees note the importance of a As discussed in the House report, the con- $59,582,000 for Coordination and Information comprehensive effort to assess the security ferees provide no funding for the National Sharing as proposed by the Senate instead of level of cyberspace at all levels of govern- Command and Coordination Capability $62,912,000 as proposed by the House. This ment. To accomplish this, cyber network se- (NCCC) since the budget proposed dis- amount includes a $9,000,000 increase from curity assessment tools must first be in continuation of this program. In addition, the budget request level for National Infra- place; however, the conferees understand the conference agreement includes a general structure Protection Plan implementation that no such tools currently exist. Given provision rescinding $8,000,000 in unobligated and Critical Infrastructure/Key Resources this, the conferees do not require the Sec- balances from NPPD. This rescission should

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.073 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11222 CONGRESSIONAL RECORD — HOUSE October 13, 2009 include unobligated prior-year appropria- sible. The conferees have provided a total of $2,976,000 as proposed by the House and tions made for NCCC. The conferees direct $50,000,000 for implementation of a biometric $4,476,000 as proposed by the Senate. The the NPPD Chief Financial Officer to report air exit capability, and expect to see regular funding above the budget request is provided on the distribution of this rescission by pro- and material progress made towards a solu- for OHA’s Office of Medical Readiness in sup- gram, project, and activity to the Commit- tion for exit at all ports of entry. The con- port of its role in planning for pandemic flu tees within 15 days after the date of enact- ferees expect DHS, through US-VISIT and its and activities related to the Food, Agricul- ment of this Act. other component agencies, to leverage cur- tural and Veterinary Defense Division. FEDERAL PROTECTIVE SERVICE rent infrastructure improvement initiatives The conferees note the important role of such as WHTI and Southwest border out- DHS in Project BioShield under Section Management Restructuring bound inspection to facilitate biometric exit 319F–2 of the Public Health Service Act shall The conference agreement supports the resolutions. The conferees direct DHS to sub- not be modified, as outlined in the Senate re- alignment of Federal Protective Service mit its land exit planning document to the port. (FPS) operations from ICE to NPPD as pro- Committees as soon as it is completed and to The conferees are concerned that systems posed by the Senate instead of retaining FPS continue to provide quarterly briefings on bi- purchased by State and local governments to in ICE as proposed by the House. The con- ometric exit implementation to the Commit- detect chemical and biological substances ferees expect the Secretary and the Deputy tees, beginning November 1, 2009. The brief- that are not validated will be unable to accu- Secretary to take responsibility for over- ings should cover the status of air exit im- rately detect harmful pathogens. OHA is di- seeing an effective transition. DHS managers plementation, prospects for other exit solu- rected to work with the Federal Emergency overseeing this transition are instructed to tions, and the status of discussions with Can- Management Agency to ensure that grant re- brief the Committees on progress transfer- ada and Mexico on sharing immigration in- quests are only approved for such systems ring FPS to NPPD at least semi-annually, formation to improve the ability to track de- that are proven to be adequate to detect starting no later than January 15, 2010, as partures. The monthly reports on implemen- harmful pathogens and provide accurate in- discussed in the Senate report. The content tation of biometric entrance and exit are no formation for the health and safety of first of this briefing should include at a minimum longer required. responders and citizens. as much detail as the transition plan dis- Staffing and Contractor Support FEDERAL EMERGENCY MANAGEMENT AGENCY cussed in the House report, which was sub- The conferees direct US-VISIT to provide mitted to the Committees on August 21, 2009. MANAGEMENT AND ADMINISTRATION quarterly briefings to the Committees on its The conference agreement provides a total FPS Resources hiring and position conversion efforts, as of $903,250,000 for Federal Emergency Man- Given that the Committees have, for the called for in the House report. These brief- agement Agency (FEMA) Management and past two years, expressed concern about the ings should be provided at the same time as Administration. Within this total is a direct adequacy of the FPS police force to protect the biometric exit briefings. appropriation of $797,650,000 for FEMA Man- Federal workers and buildings nation-wide, OFFICE OF HEALTH AFFAIRS agement and Administration instead of the conferees are troubled that information The conference agreement provides $844,500,000 as proposed by the House and explaining the transition of FPS to NPPD $139,250,000 for the Office of Health Affairs $859,700,000 as proposed by the Senate. An ad- estimates an increase in overhead charges (OHA) instead of $128,400,000 as proposed by ditional $105,600,000 shall be transferred from that FPS will pay to NPPD but does not the House and $135,000,000 as proposed by the the Disaster Relief fund for management and identify the source from which these funds Senate. Within the amount provided is administrative functions instead of will be found. Since FPS is funded through $5,000,000 as proposed by the House, for the $90,080,000 as proposed by the House and the collection of security fees from other North Carolina Collaboratory for Bio-Pre- $50,000,000 as proposed by the Senate. To- agencies, the conference agreement con- paredness for a demonstration project for the gether with amounts made available for tinues a provision included in the last two development of a statewide system to ana- management and administration from grant Department of Homeland Security Appro- lyze public health trends and detect inci- accounts and the transfer from the Disaster priations Acts that requires the Administra- dents. Relief fund, management and administration tion to certify that FPS will collect ade- Also included is $89,513,000 for BioWatch as activities are funded at $9,379,000 above fiscal quate fees to employ not less than 1,200 FPS proposed by the Senate instead of $79,413,000 year 2009. employees including at least 900 in-service as proposed by the House. The funding shall Of the amount provided, the conference field staff. The conferees direct that any ad- be used to maintain the remaining first and agreement includes: $9,000,000 for the Emer- ditional costs for administrative overhead second generation baseline biosurveillance gency Management Institute; $5,900,000 for charged to FPS not reduce the staffing levels capability and to complete the Generation 3 data center migration; $150,000 for FEMA at the agency below the number of employ- prototype unit field testing, perform data international best practices; up to $10,000,000 ees as of September 30, 2009. The conferees analysis, and verify the performance of the for underground storage tank remediation; expect that the total amount required for ad- technology. The conferees remain committed $2,945,000 for the Office of Environmental ministrative costs will be identified in the to supporting DHS in its task of establishing Planning and Historic Preservation; 2011 budget. a viable detection system but remain con- $65,201,000 for Information Technology Serv- UNITED STATES VISITOR AND IMMIGRANT cerned that the plans for this security imper- ices; $2,500,000 for Ready.gov; $2,156,000 for STATUS INDICATOR TECHNOLOGY ative are adrift. Therefore, OHA is directed the National Hurricane Program; $10,281,000 The conference agreement provides to provide an expenditure plan with specific for the National Dam Safety Program; and $373,762,000 for United States Visitor and Im- milestones for implementation, broken out $8,977,000 for the National Earthquake Haz- migrant Status Indicator Technology (US- by technology generation, to the Commit- ards Reduction Program. tees within 60 days of the date of enactment VISIT) instead of $351,800,000 as proposed by Mount Weather Emergency Operations of this Act. The conferees further direct OHA the House and $378,194,000 as proposed by the Center Capital Improvements Senate. Of this amount, $75,000,000 may not to report quarterly on the deployment of any The conference agreement provides be obligated until the Committees receive, BioWatch device to new locations. $36,300,000, to remain available until Sep- not later than 90 days after the date of en- The conferees are especially troubled by tember 30, 2011, for capital improvements at actment of this Act, an expenditure plan the continual delays in OHA’s testing and the Mount Weather Emergency Operations that meets the statutory conditions specified evaluation of biosurveillance technology. Center (MWEOC), as proposed by the House under the US-VISIT heading in Public Law The conferees are aware that OHA issued a instead of $49,913,000 as proposed by the Sen- 110–329. request for proposal permitting a wide range ate. The explanatory statement accom- Within the total amount provided is of applicants to submit technologies for Gen- panying the Department of Homeland Secu- $118,692,000 for Program Management Serv- eration 3. OHA is in the process of testing rity Appropriations Act, 2009, required ices; $31,000,000 for Identity Management and technologies to determine which ones best FEMA to submit a MWEOC capital improve- Screening Services; $28,700,000 for Unique meet the nation’s biodetection needs. The ment plan to allow the Committees to better Identity; and $22,000,000 for development and conferees expect the Science and Technology determine the needed investments for this implementation of a biometric air exit solu- Directorate to be intricately involved in the strategic facility. However, nearly a year tion. It also includes, as requested in the test and evaluation of the BioWatch Genera- later, the Committees still have not received budget, $128,126,000 for Operations and Main- tion 3 systems. Additionally, the conferees the plan. The conferees understand that tenance, and $45,244,000 for data center mi- note that the National Assessment Group there are sizable unobligated balances for gration. will provide an independent review of the capital improvements from prior year appro- The conference report provides that test and evaluation process. Due to defi- priations that will ensure critical work can $28,000,000 in prior year balances shall re- ciencies that have arisen with the previous take place. The conferees, however, are con- main available until expended solely for im- BioWatch generation technologies, there is cerned with the lack of visibility into the plementation of a biometric air exit capa- an urgent need to complete research and de- planning, finances, and future costs associ- bility. velopment of Generation 3 systems over the next year, providing for operational deploy- ated with the improvements at this impor- Biometric Exit ment starting in fiscal year 2011. tant facility. Therefore, the conferees direct The conferees support the implementation A total of $3,726,000 has been provided for FEMA to provide a report, not later than 180 of a biometric exit solution as soon as pos- Planning and Coordination instead of days after the date of enactment of this Act,

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.075 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11223 with detailed information on all MWEOC dent Management System; the National Re- requirement in the statement accompanying capital improvement funding. The report sponse Framework; Comprehensive Planning the Consolidated Security, Disaster Assist- shall include a historical accounting of fund- Guidance; Disaster Housing Strategy; and ance, and Continuing Appropriations Act of ing for MWEOC beginning with fiscal year Hazard Mitigation Assistance. Countless 2009 (P.L. 110–329), which provided an expla- 1997, including funding made available and guidance documents have been issued to ad- nation of the adjudication process on public obligations made in each fiscal year. Fur- dress specific issues or disasters. Addition- comments for grant programs. Furthermore, ther, included in the report shall be a review ally, over $27,000,000,000 has been invested by the conferees direct FEMA to present policy by the DHS Office of General Counsel of all the federal government in grants, and an un- changes and new policies to the National Ad- authorities used to execute that funding, in- told amount at the local and State level. visory Council (NAC) on a quarterly basis. cluding the authority to administer the These investments have provided equipment The conferees do not require FEMA to post MWEOC Working Capital Fund. The report to make our public infrastructure safer, our policy changes online five days prior to im- should clearly list any amounts transferred first responders better protected and pre- plementation, as described in the House re- to the fund from DHS entities as well as pared to respond to all hazards, and to en- port. Instead, all current FEMA policies and other federal sources in each fiscal year. The sure a more coordinated effort among the guidance should be clearly placed on the conferees further direct the Administration levels of government. Efforts to fully assess website in an accessible and user-friendly to provide the capital improvement plan re- these investments and improved capabilities way with updates posted in a timely manner. quired in fiscal year 2009 without delay. have not yet come to fruition although dis- Nationwide Plan Review Update parate attempts to find a more comprehen- Budget Submissions The conferees direct FEMA to provide an sive measure through programs such as Cost- The conference agreement continues a pro- update on the status of catastrophic plan- to-Capability, the Target Capabilities List, vision directing FEMA to submit its fiscal ning, including mass evacuation planning, in and the Comprehensive Assessment System year 2011 budget request by office as directed all 50 States and the 75 largest urban areas, are ongoing. by the House and Senate. FEMA is directed by April 16, 2010, as discussed in the Senate The conferees note that tremendous time to notify the Committees within 15 days if report. and fiscal investments into preparedness any office receives or transfers out more have been made to date and believe it is time Nuclear Preparedness than 5 percent of the total amount allocated to take stock of such efforts to find ways to The conferees note that a Nuclear Incident to each office. ensure the most efficient investments are Communication Planning report and Plan- National Incident Management System made in the future. The reality of a con- ning Guidance for Response to a Nuclear The conference agreement includes an ad- stricted economy and competing interests Detonation have been issued, in accordance ditional $8,000,000 above the budget request make it imperative that current efforts re- with direction provided in House Report 110– instead of $9,000,000 as proposed by the House lated to homeland security and all-hazards 107. The report and guidance provide critical to support and enhance ongoing incident response and recovery be streamlined. There- information that should be made available management efforts as specified in the House fore, the National Preparedness Directorate to the public on how to respond to a nuclear report. The Senate did not provide additional (NPD), in cooperation with the Office of event. FEMA shall brief the Committees not funding for these activities. The conferees Intergovernmental Affairs, shall lead the ad- later than 30 days after the date of enact- direct FEMA to ensure that all communities ministrative effort of a Local, State, Tribal, ment of this Act on how the information in are educated and trained on the National In- and Federal preparedness task force. The the report and guidance will be incorporated cident Management System. task force is charged with making rec- into preparedness and public information ac- FEMA Workforce ommendations for all levels of government tivities. The conferees note the severe budget prob- regarding: disaster and emergency guidance Nationwide Cyber Security Review and policy; federal grants; and federal re- lems FEMA has sustained related to a struc- The conferees, as described previously, requirements, including measuring efforts. The tural pay shortfall. The conferees have di- quire NPPD to lead the effort to develop, in task force shall especially evaluate: which rected the IG to investigate FEMA’s hiring conjunction with FEMA, tools to assess policies and guidance need updating, and the practices and to determine if the $35,000,000 cyber network security. most appropriate process by which to update requested in the budget is sufficient to rec- Post Disaster Housing tify this known shortfall. FEMA is directed them; which grant programs work the most FEMA is directed to report to the Commit- to provide a briefing on the specific proc- efficiently and where programs can be im- tees, not later than 60 days after the date of esses in place to prevent discrepancies in on- proved; and the most appropriate way to col- enactment of this Act, regarding the plan for board staff and the funds needed to sustain lectively assess our capabilities and our ca- acquisition of alternative temporary housing them in the future. pability gaps. Representation on the task units and procedures for expanding repair of The conference agreement provides force shall include: decision makers and existing multi-family rental housing units, $2,000,000 for FEMA to partner with the DHS practitioners from all disciplines including, semi-permanent, or permanent housing op- Homeland Security Studies and Analysis In- but not limited to, firefighters, law enforce- tions, as authorized under section 689i(a) of stitute to conduct a study of FEMA’s human ment, emergency management, health care, the Post-Katrina Emergency Management capital resources instead of $2,250,000 as pro- public works, development organizations, Reform Act of 2006. posed by the Senate. The House did not in- mitigation, and information technology; clude funding for this activity. The study elected officials; and the private sector. NPD U.S. Fire Service Needs Assessment shall include recommendations as required is directed to brief the Committees within 45 FEMA, in conjunction with the National in the Senate report. days after the date of enactment of this Act Fire Protection Association, is directed to on its approach to establishing this task International Affairs Office provide to the Committees, no later than force and milestones for accomplishment. April 9, 2010, an update to the U.S. Fire Serv- The conference agreement provides an ad- FEMA Guidelines and Policies ice Needs Assessment. The update shall be ditional $150,000 to support staff travel to The conferees remain concerned that, in consistent with the last assessment com- foreign countries after disasters to offer and the past, grant guidance and policies have pleted in February 2006 in its scope and receive best practices and solutions instead been used to alter major programs that im- methodology. of $300,000 as proposed by the House. The pact State and local partners with little or Senate did not propose additional funding for Office of National Capital Region no visibility to the incorporation of stake- this program. The conferees direct FEMA to Coordination holder input, if even solicited. As an interim submit an expenditure plan for these funds The conference agreement provides step, while the Local, State, Tribal, and Fed- by April 1, 2010, describing funds spent by $6,995,000 for the Office of National Capital eral Task Force is conducting its reviews, that date, as well as how the remainder of Region Coordination as proposed by both the the conferees direct the Administrator of funds will be spent during the fiscal year. House and the Senate. The conference report FEMA to report to the Committees no later The report should clearly describe how includes a provision requiring the inclusion than 60 days after the date of enactment of FEMA will apply and share the specific best of the Governors of the State of West Vir- this Act on how the agency currently re- practices garnered by the time of the report ginia and the Commonwealth of Pennsyl- views policies and guidance and the process and what specifically will be sought on fu- vania in the National Capital Region deci- used to modify policies and guidance. The re- ture trips. sion-making and planning process for mass port should also include information on how evacuation. The Department is directed to Local, State, Tribal, and Federal Task Force the agency intends to amend its process for include officials from the counties and mu- The conferees recognize that since Sep- modifying grant guidance and policies to nicipalities that contain the evacuation tember 11, 2001, there has been a rush to in- better obtain and incorporate public and routes and their tributaries into the plan- crease, restructure, and reinvest in prepared- stakeholder input. The report should include ning process. ness, response, recovery, and mitigation poli- a detailed description of the impact of other cies and capabilities. This effort was reem- participants in the policy process, such as Special Populations phasized after Hurricane Katrina. Major pre- DHS leadership, the Office of Management The conferees direct FEMA to consider uti- paredness and response policies have been and Budget, and other White House offices. lizing the National Virtual Translation Cen- developed or reshaped including: the Na- This report should build on the Stakeholder ter (NVTC) to enhance its translation serv- tional Preparedness Guidance; National Inci- Engagement Plan provided in response to the ices. FEMA is to report to the Committees,

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The conference agreement provides The conferees encourage the Department (Including Transfer of Funds) $300,000,000 for Public Transportation Secu- to work with State and local governments rity Assistance and Railroad Security As- The conference agreement provides and all grantees to develop pre-event recov- sistance instead of $250,000,000 as proposed by $3,015,200,000 for State and Local Programs, ery plans in conjunction with their response the House and $356,000,000 as proposed by the instead of $2,836,000,000 as proposed by the and mitigation plans. FEMA is further en- Senate, which also included Over-the-Road House and $3,067,200,000 as proposed by the couraged to require State and local govern- Bus Security Assistance. The conferees con- Senate. Funding is allocated as follows: ments to include tribal governments, rural tinue the requirement that grants be made State Homeland Security water associations, and chief information of- directly to transit agencies. The conferees Grant Program ...... $950,000,000 ficers in planning efforts. note that States serve an integral role in co- Urban Area Security Ini- State Homeland Security Grant Program ordinating regional interests in regard to tiative ...... 887,000,000 The conference agreement provides transit security and therefore direct FEMA Regional Catastrophic Pre- $950,000,000 for the State Homeland Security to allow transit agencies to permit States to paredness Grants ...... 35,000,000 Grant Program, as proposed by both the act as sub-grantees to better facilitate re- Metropolitan Medical Re- House and the Senate. Of the total amount gional planning and programs. sponse System ...... 41,000,000 $60,000,000 is for Operation Stonegarden as Based on the latest estimates from FEMA, Citizen Corps Program ...... 13,000,000 proposed by both the House and the Senate. about 90 percent of funds appropriated in fis- Public Transportation Se- The Department shall implement the pro- cal year 2006 for rail and transit have not curity Assistance and gram as discussed in the House report. Fur- been expended. The conferees expect FEMA Railroad Security Assist- ther, the Department is encouraged to give and TSA to report, by December 15, 2009, on ance ...... 300,000,000 consideration to applications that are co- their progress in working with transit agen- Port Security Grants ...... 300,000,000 ordinated across multiple jurisdictions. cies to expend grant funds for fiscal years Over-the-Road Bus Secu- The conferees encourage the Department 2006, 2007, and 2008. rity Assistance ...... 12,000,000 to clarify that the Western Hemisphere Port Security Grants Buffer Zone Protection Travel Initiative (WHTI) implementation ac- Program Grants ...... 50,000,000 The conference agreement provides tivities, including issuance of WHTI-compli- $300,000,000 for Port Security grants, instead Driver’s License Security ant tribal identification cards, are eligible Grant Program ...... 50,000,000 of $250,000,000 as proposed by the House and under this grant program. $350,000,000 as proposed by the Senate. The Interoperable Emergency Urban Area Security Initiative Communications Grant conferees agree to waive the cost share re- Program ...... 50,000,000 The conference agreement provides quirement, as proposed by the House, in this Emergency Operations $887,000,000 for UASI grants, as proposed by fiscal year only due to the current economic Centers ...... 60,000,000 the Senate instead of $890,000,000 as proposed conditions. The conferees recognize the Sec- National Programs: by the House. Within this funding, $19,000,000 retary of Homeland Security has the author- National Domestic Pre- is provided for grants to non-profit organiza- ity to waive the cost share requirement for paredness Consortium 164,500,000 tions determined by the Secretary to be at this program in cases of economic hardship. Center for Counterter- high risk of terrorist attack. After this fiscal year, the cost share require- rorism and Cybercrime 1,700,000 Compliance With the 9/11 Act ment is not expected to be waived, except at National Exercise Pro- The conferees expect FEMA to comply the discretion of the Secretary. gram ...... 40,000,000 with provisions of the 9/11 Act, including Over-the-Road Bus Security Assistance Technical Assistance ...... 13,000,000 policies regarding paying salaries for intel- The conference agreement provides Continuing Training ligence analysts, as well as for distribution $12,000,000 for Over-the-Road Bus Security Grants ...... 29,000,000 of UASI grants on the basis of risk. Assistance as proposed by the House. The Evaluations and Assess- Law Enforcement Terrorism Prevention Senate provided no less than $6,000,000 for ments ...... 16,000,000 Program these activities within Public Transpor- Rural Domestic Pre- In accordance with section 2006 of the tation Security Assistance and Railroad Se- paredness Consortium 3,000,000 Homeland Security Act of 2002, the Law En- curity Assistance grants. Subtotal, National Pro- forcement Terrorism Prevention Program Buffer Zone Protection Program grams ...... 267,200,000 (LETPP) is funded thorough a required set- The conference agreement provides Total, State and Local aside of 25 percent of the SHSGP and UASI Programs ...... $3,015,200,000 $50,000,000 for Buffer Zone Protection Pro- programs. The conferees direct FEMA to program grants as proposed by both the House The conference agreement includes the fol- vide clear guidance to States and urban and the Senate. The conferees acknowledge lowing provisions: directing the transfer of areas to ensure the intent of the LETPP is that this program should be focused on miti- four percent of State and Local Programs fully realized and the program is fully maxi- gating vulnerabilities to critical infrastruc- funding to the FEMA Management and Ad- mized. ture, instead of providing funding to local- ministration account, and requiring the sub- Regional Catastrophic Preparedness Grant ities for security costs. The conferees direct mission of an expenditure plan within 60 Program FEMA and NPPD to brief the Committees 15 days of the date of enactment of this Act on The conference agreement includes days after the date of enactment of this Act the use of those administrative funds; desig- $35,000,000 for the Regional Catastrophic Pre- on an expenditure plan that clarifies the nating certain timeframes for grant proc- paredness Grant Program as proposed by the methodology by which the program will essing; requiring grantees to provide reports Senate. The House did not propose funding focus on reducing certain specific as determined necessary by the Secretary; for this program. As plans are completed, vulnerabilities. and providing that the installation of com- FEMA is directed to move forward with the Driver’s License Security Grant Program munications towers is not considered con- program as outlined in the Senate report. The conference agreement provides struction of a building or other physical fa- Metropolitan Medical Response System $50,000,000 for the Driver’s License Security cility under the State Homeland Security Grant Program as proposed by the Senate. Grant Program (SHSGP) and the Urban Area The conference agreement includes The House proposed the same amount for Security Initiative (UASI). $41,000,000 for the Metropolitan Medical Re- The conferees include a general provision sponse System (MMRS) instead of $44,000,000 similar activities under ‘‘REAL ID Grants’’. requiring FEMA to brief the Committees five as proposed by the House and $40,000,000 as Interoperable Emergency Communications days prior to any announcement of State and proposed by the Senate. The conferees direct Grants Local Programs grants awards. Such brief- FEMA to work with OHA to develop guide- The conference agreement provides ings shall include detailed information on lines for MMRS. The conferees do not accept $50,000,000 for Interoperable Emergency Com- the risk analysis employed, the process for the Administration’s proposal to replace the munications Grants as proposed by both the determining effectiveness, the process or for- MMRS program with a medical surge grant House and Senate. The conferees expect that mula used for selecting grantees, and any program and advise FEMA to work with the grantees must certify to FEMA that the nec- changes to methodologies used in the pre- Assistant Secretary for Preparedness and essary investments are being made for an ef- vious fiscal year. In lieu of the Senate re- Response within the U.S. Department of fective interoperable communications plan- porting requirement on grant guidance, the Health and Human Services to develop med- ning process to ensure plans are kept up-to- conferees require that information on fund- ical surge guidelines for communities. date and federal funds are not wasted. Once ing that will be used for planning and recov- Citizen Corps Program it is determined that the planning process is ery, especially for transit security and port The conference agreement provides properly resourced and implemented, grant- security, be included in these briefings. $13,000,000 for the Citizens Corps Program, ees should be given the flexibility to pur- The conferees support the consideration of instead of $15,000,000 as proposed by both the chase interoperable communications equip- the needs for mass evacuation planning and House and the Senate. ment. The conferees expect that before grant

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dollars are obligated by grantees for equip- Evaluations and Assessments DISASTER RELIEF ment, jurisdictions must certify to FEMA The conference agreement includes (Including Transfers of Funds) that the funds are being spent in accordance $16,000,000 for evaluations and assessments as The conference agreement provides with their plans. proposed by the House instead of $18,000,000 $1,600,000,000, for the Disaster Relief fund Emergency Operations Centers as proposed by the Senate. FEMA is directed (DRF) instead of $2,000,000,000 as proposed by The conference agreement provides to continue the quarterly briefings by NPD the House and $1,456,866,000 as proposed by $60,000,000 for Emergency Operations Centers regarding ongoing activities. Briefings shall the Senate. The conference agreement in- instead of $40,000,000 as proposed by the include the results of the evaluations and as- cludes a transfer of $16,000,000 to the Office of House and $20,000,000 as proposed by the Sen- sessments efforts. Therefore, FEMA is not the Inspector General and $105,600,000 to ate. The funding shall be allocated for directed to provide a separate briefing to the FEMA Management and Administration. The projects as specified in the conference re- Committees every six months on the results conference agreement continues the require- port, and the remaining funding shall be from the completed national programs eval- ment to provide the Committees with an ex- competitively awarded. uations, as directed by the House. FEMA is penditure plan detailing the uses of these Trucking Industry Security Grants directed to conduct the first quarterly brief- funds prior to transfer. The conference agreement includes a re- ing not later than 30 days after the date of In an effort to improve the accuracy of scission of $5,572,000 from unobligated bal- enactment of this Act. The initial briefing budget forecasts, the President’s budget in- ances in fiscal year 2009. The conferees note shall provide a timeframe and approach to cludes an allowance for the estimated costs that funds appropriated in fiscal year 2008 complete the development of tools to meas- of natural or manmade disasters. The con- are supporting a three-year education and ure the achievement and effectiveness of ferees commend the Administration for this training program. grant programs. In addition, GAO shall con- effort but are disappointed that the Presi- tinue to review such tools and report its dent has not followed through by requesting National Domestic Preparedness Consortium appropriate funding for the known costs of The conference agreement provides findings to the Committees on a quarterly basis. Finally, the conferees note that meas- existing disasters. According to DHS and $164,500,000 for the National Domestic Pre- FEMA, the DRF is expected to be exhausted uring the grant programs is just one element paredness Consortium as proposed by the in March of 2010. According to the most cur- of a larger effort to streamline FEMA’s eval- Senate instead of $132,000,000 as proposed by rent FEMA estimates that were only re- uations programs. Therefore, each quarterly the House. Of the total amount $62,500,000 is cently provided to the Committees, it is an- briefing shall also include detailed informa- for the Center for Domestic Preparedness as ticipated that another $3.8 billion will be re- tion on the progress of this effort, including proposed by the Senate instead of $40,000,000 quired to cover disaster costs through Sep- milestones and a process for disseminating as proposed by the House. Included in this tember 30, 2010, for past disasters such as usable and actionable information. GAO amount is funding to continue activities at Hurricanes Katrina, Gustav, Ike, the Mid- shall also review this effort and report its the Noble Training Center. Additionally, of west floods, and for the anticipated costs of findings to the Committees on a quarterly the total amount provided, $23,000,000 is for an average disaster season. Without a pro- basis. the National Energetic Materials Research posal from the Administration to address and Testing Center, New Mexico Institute of Rural Domestic Preparedness Consortium this impending shortfall, the conferees be- Mining and Technology; $23,000,000 is for the lieve it is premature to appropriate addi- National Center for Biomedical Research and The conference agreement includes $3,000,000 for the Rural Domestic Prepared- tional funds at this time. As noted in the Training, Louisiana State University; House report, the conferees expect the DRF $23,000,000 is for the National Emergency Re- ness Consortium as proposed by the House. to be properly monitored and for the sub- sponse and Rescue Training Center, Texas The Senate did not propose funding for this mittal of timely budget requests that are A&M University; $23,000,000 is for the Na- program. Funds will be used to provide and adequate to sustain disaster response and re- tional Exercise, Test, and Training Center, deliver training to rural first responders con- covery costs. Accordingly, the conferees en- Nevada Test Site; $5,000,000 is for the Na- sistent with the National Preparedness Goal. courage the President to request funding for tional Disaster Preparedness Training Cen- FIREFIGHTER ASSISTANCE GRANTS any DRF shortfall as soon as possible. ter, University of Hawaii, Honolulu, Hawaii; The conference agreement provides The conference report continues the re- $5,000,000 is for surface transportation emer- $810,000,000 for Firefighter Assistance Grants quirement for a monthly report detailing al- gency preparedness and response training to including $390,000,000 for firefighter assist- locations, obligations, and undistributed be awarded under full and open competition. amounts related to all disasters, including The conferees clarify that the National ance grants and $420,000,000 for firefighter Hurricanes Katrina, Rita, and Wilma. The Disaster Preparedness Training Center pro- staffing grants as proposed by both the report shall maintain the same level of data vides natural disaster preparedness training, House and Senate. FEMA is directed to con- as currently presented to the Committees. including outreach and response training for tinue the present practice of funding applica- Additionally, this report should, when appli- the public, all hazards training for first re- tions according to local priorities and those cable, list funds transferred to USAID for sponders with a particular focus on chal- established by the United States Fire Ad- international disasters, including the loca- lenges facing island and rural communities, ministration, to maintain an all-hazards tion of the disaster. and a certificate and undergraduate degree focus, and to grant funds for eligible activities in accordance with the authorizing stat- FEMA is directed to maintain the Florida program for homeland security and disaster long-term recovery office as long as there is management. ute. FEMA is required to continue the current grant application and review process as sufficient work to be done following the 2004 Counterterrorism and Cyber Crime Center specified in the House report. and 2005 hurricanes that struck the State. The conference agreement provides FEMA is directed to notify the Committees $1,700,000 for the Counterterrorism and Cyber EMERGENCY MANAGEMENT PERFORMANCE 60 days prior to closing the office. GRANTS Crime Center, as proposed by the Senate. EVALUATING FEMA’S READINESS The House did not provide funding for this The conference agreement provides The House report directs GAO to conduct program. $340,000,000 for Emergency Management Per- exercises to evaluate how well FEMA pro- Technical Assistance formance Grants instead of $330,000,000 provides disaster assistance to survivors. The The conference agreement provides posed by the House and $350,000,000 as pro- conference agreement modifies the House di- $13,000,000 for technical assistance as proposed by the Senate. rective to require GAO to brief the Commit- posed by both the House and the Senate. The RADIOLOGICAL EMERGENCY PREPAREDNESS tees no later than 45 days after the date of conferees encourage FEMA to continue to PROGRAM enactment of this Act with a scope of work provide training to first responders through The bill provides for the receipt and ex- describing how GAO would carry out unan- the Domestic Preparedness Equipment Tech- penditure of fees collected, as authorized by nounced evaluations of FEMA’s disaster as- nical Assistance Program. Public Law 105–276. sistance without adversely impacting those Continuing Training Grants affected by a disaster. The conference agreement provides UNITED STATES FIRE ADMINISTRATION Remaining Challenges in Post Disaster $29,000,000 for continuing training grants in- The conference agreement provides Housing stead of $31,000,000 as proposed by the House $45,588,000 for the United States Fire Admin- In fiscal year 2009, the Committees re- and $27,000,000 as proposed by the Senate. istration (USFA) as proposed by both the quired the Office of the Federal Coordinator The amount provided includes full funding House and the Senate. The conferees direct for Gulf Coast Rebuilding to report on rec- for the homeland security graduate and exec- USFA to work with the U.S. Departments of ommendations for ensuring sufficient stock utive level education programs currently Agriculture and Interior to ensure compat- of affordable rental housing to meet the supported by the Department. The Depart- ible data on wildfires is available. USFA is needs of all those displaced. The conferees ment is encouraged to leverage these impor- also directed to provide a briefing within 30 believe the Office’s recommendations should tant programs where appropriate to meet a days of the date of enactment of this Act on be studied and incorporated by federal, growing need and also notes the importance the status of implementing the upgrade to State, and local governments to deal with fu- of the Mobile Education Teams providing the National Fire Information Reporting ture disasters. homeland security seminars for State and System, including future milestones for The conferees are pleased to note that local elected officials and senior staff. measuring progress. FEMA and the Department of Housing and

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.079 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11226 CONGRESSIONAL RECORD — HOUSE October 13, 2009 Urban Development (HUD) have recognized region, and the participation of the State in Predisaster mitigation Amount that there must be some interplay between leveraging non-federal contributions. projects the agencies after a disaster. The two agen- FEMA is directed to develop a National City of Los Angeles, CA ...... 1,000,000 cies are working in tandem to operate the Digital Elevation Acquisition and Utiliza- City of Los Angeles, CA ...... 500,000 Disaster Housing Assistance Program tion plan for the purposes of supporting flood City of Maryville, MO ...... 175,000 (DHAP) in Louisiana, Mississippi, and Texas plain map updates. FEMA shall collaborate City of Miami Beach, FL ...... 750,000 following Hurricanes Katrina, Rita, and Ike. with the United States Geological Survey, City of Miami, FL ...... 600,000 The conferees expect FEMA to use DHAP as the National Oceanic and Atmospheric Ad- City of New Braunfels, TX ...... 500,000 a model as it develops its agreements with ministration, the National Aeronautics and City of Prattville, AL ...... 500,000 HUD. The conferees expect that FEMA will Space Administration, and States that have City of Reno, NV ...... 500,000 continue to support disaster costs under an experience in acquiring and incorporating City of Robstown, TX ...... 500,000 agreement between HUD and FEMA, as it high resolution elevation data in the flood City of Rockville, MD ...... 650,000 does for DHAP in the Gulf Coast. plain map updates. FEMA shall submit this City of Santa Clarita, CA ...... 500,000 The conferees direct FEMA to formalize an plan to the Committees within six months City of Trenton, NJ ...... 300,000 agreement with HUD outlining the roles and after the date of enactment of this Act. City of Venice, FL ...... 200,000 DeKalb County, IL ...... 350,000 responsibilities of both agencies following a NATIONAL FLOOD INSURANCE FUND disaster and clearly delineating when and Drew County, AR ...... 366,564 The conference agreement provides the how HUD should take the lead role in the Harris County Flood Control Dis- agency re-estimated request of $38,680,000 for federal housing response. Upon completion of trict, TX ...... 1,000,000 salaries and expenses as opposed to the agreement, FEMA is directed to report Henry County, GA ...... 275,000 $52,149,000 as proposed by both the House and to the appropriate Congressional committees Jackson Health System, Miami, Senate. The conference agreement further on the resources and any legislative author- FL ...... 500,000 provides $107,320,000 for flood plain mapping ity needed to implement the agreement. Kentucky Emergency Manage- and management as proposed by both the The conferees remain concerned by contin- ment, KY ...... 500,000 House and Senate. ued reports that FEMA trailers purchased to King County, WA ...... 750,000 The conferees do not include authority al- house disaster victims have high levels of Lake County Stormwater Man- lowing the FEMA Administrator to transfer formaldehyde emissions, possibly leading to agement Agency, OH ...... 725,000 funds from flood mapping and flood plain adverse health effects. The conferees under- Lorain County, OH ...... 200,000 management for salaries and expenses. In- stand FEMA is pursuing alternative housing Louisville-Metro Government, stead, FEMA is required to provide the Com- solutions and demonstration projects and en- KY ...... 500,000 mittees with a reprogramming proposal, in courage FEMA to consider multiple tech- Lucas County Engineer, OH ...... 500,000 accordance with section 503 of this Act, if a nologies and building solutions during this McDowell Hospital, Marion, NC .. 220,000 problem arises in meeting mission require- phase. Mississippi Homeland Security ments. The conferees encourage FEMA to Office, MS ...... 500,000 Children and Disasters consider population growth when deter- North Carolina Office of Emer- FEMA is directed to expedite its discus- mining grant awards to the States under the gency Management, NC ...... 165,000 sions with Ottawa School in Illinois and to Community Assistance Program. Ohio University, Athens, OH ...... 200,000 come to resolution on its elementary school NATIONAL PREDISASTER MITIGATION FUND Orange County Fire Authority, project. FEMA and the affected community The conference agreement provides CA ...... 252,000 should address the continued flooding of this $100,000,000 for the National Predisaster Miti- Russell County Fiscal Court, KY 200,000 school and area. FEMA and the community gation Fund (PDM), as proposed by the San Miguel County, NM ...... 400,000 should consider taking the mitigation action House instead of $120,000,000 as proposed by Shelby County, Memphis, TN ...... 325,000 of moving the school from the floodplain. the Senate. As part of the budget, the Ad- State of Maryland, MD ...... 1,000,000 FEMA shall act with due haste and report to ministration proposes to drastically change Town of Hambleton and Town of the Committees when the final project is ap- the distribution methodology used for Davis, WV ...... 450,000 proved. awarding PDM grants. However, the Admin- Town of Occoquan, VA ...... 25,000 Further, the conferees direct FEMA to es- istration was unable to adequately articu- Town of Shelter Island, NY ...... 200,000 tablish planning guidance to ensure child late the ramifications or benefits of their Town of Union and City of Bing- safety and protection in the event of a dis- new approach. Considering that pending leg- hamton, NY ...... 462,000 aster. islation is vastly different from the Adminis- Town of Winthrop, MA ...... 500,000 DISASTER ASSISTANCE DIRECT LOAN PROGRAM tration’s new approach, the conferees do not Village of La Grange Park, IL ..... 150,000 ACCOUNT approve the proposed change. Instead, the Village of Pelham, NY ...... 562,500 The conference agreement provides $295,000 conferees direct FEMA to continue this pro- Westport Fire Department, CT .... 265,000 for the cost of loans as proposed by both the gram as it operated during fiscal year 2009. EMERGENCY FOOD AND SHELTER House and the Senate. Administrative costs The conference agreement continues a provi- The conference agreement provides are provided for in the FEMA ‘‘Management sion contained in the Department of Home- $200,000,000 for the Emergency Food and and Administration’’ account. land Security Appropriation Act, 2009, which Shelter program as proposed by the House FLOOD MAP MODERNIZATION FUND extends the authorization of the PDM grant instead of $175,000,000 as proposed by the Sen- The conference agreement provides program for one year to continue the current ate. The funding will assist those most im- $220,000,000 for the Flood Map Modernization program. mediately in need of food and shelter assist- program as proposed by both the House and The conference agreement includes funding ance. Senate. In fiscal year 2010, FEMA will con- for predisaster mitigation projects in the fol- TITLE IV—RESEARCH AND DEVELOP- tinue to focus these funds on reviewing, up- lowing amounts, and the remaining funding MENT, TRAINING, AND SERVICES shall be competitively awarded: dating, and maintaining maps to accurately UNITED STATES CITIZENSHIP AND IMMIGRATION reflect flood hazards. The goal shall be to re- Predisaster mitigation Amount SERVICES view and, where necessary, to update and projects The conference agreement provides maintain data, methodologies, models, and Alabama Emergency Manage- $224,000,000 in discretionary appropriations maps that have been modernized, and to ment Agency, AL ...... $200,000 for United States Citizenship and Immigra- issue map updates no later than five years Arkansas Department of Emer- tion Services (USCIS) instead of $298,000,000 past the modernized dates of the maps. To gency Management, AR ...... 750,000 as proposed by the House and $135,700,000 as support this goal, FEMA is directed to pro- Arkansas State University-Beebe, proposed by the Senate. vide no less than 20 percent of the funds pro- AR ...... 452,000 vided under this heading for map updates Brigham City Corporation, UT .... 250,000 User Fee Funded Programs and maintenance conducted by Cooperating CHRISTUS St. Elizabeth Hos- The current estimate for fiscal year 2010 of Technical Partners that provide a 25 percent pital, Beaumont, TX ...... 250,000 USCIS fee collections, which constitute a cash match and have a strong record of City of Brooksville, KY ...... 18,500 majority of the agency’s resources, is working effectively with FEMA on flood City of Burbank, CA ...... 225,000 $2,503,232,000. These fee revenues support ad- plain mapping activities. With the fiscal City of Camanche, IA ...... 187,500 judication of applications for immigration year 2011 budget request, FEMA shall submit City of Coconut Creek, FL ...... 500,000 benefits and fraud prevention activities and to the Committees a status report on the City of Colton, CA ...... 200,000 are derived from fees collected from persons progress made towards the five-year Risk City of Davis, CA ...... 275,000 applying for immigration benefits. The con- Mapping, Assessment, and Planning strat- City of Emeryville, CA ...... 600,000 ferees understand that fee receipts have de- egy. City of Flagler Beach, FL ...... 750,000 creased significantly in fiscal year 2009 When allocating map modernization funds, City of Hartselle, AL ...... 245,000 largely due to prevailing economic condi- FEMA is encouraged to prioritize as criteria City of Hidalgo, TX ...... 500,000 tions, and are also likely to be below projec- the number of stream and coastal miles City of Hokah, MN ...... 590,000 tions for fiscal year 2010. Since it is unclear within the State, the Mississippi River Delta City of Kannapolis, NC ...... 425,000 how the expenditure estimates will change

VerDate Nov 24 2008 05:23 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.081 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11227 to align USCIS costs with anticipated reve- priated funding for this activity within the amount includes $10,000 for official reception nues, the conferees cannot accurately modify fiscal year 2011 budget request for the De- and representation and $1,000,000 for addi- the budget presentation of fee-funded ex- partment of Defense in accordance with the tional Test and Evaluations/Standards per- penditures. Instead, the conferees direct National Defense Authorization Act of Fiscal sonnel to support the Acquisition Review USCIS to submit, within 30 days after the Year 2004 (Public Law 108–136). Board process. Science and Technology date of enactment of this Act, an operating REAL ID (S&T) shall brief the Committees quarterly plan for fiscal year 2010 accompanied by a re- The budget requests $25,000,000 to complete on the test and evaluation status of all level programming notification, if necessary, that development of a data sharing hub to sup- 1 acquisitions. As part of the fiscal year 2011 budget re- details how and at what levels USCIS will port implementation of the REAL ID Act. quest and in each subsequent fiscal year, fund its operations in fiscal year 2010 based The conferees, however, note that the S&T shall report on the results of its re- on revised fee collection estimates. $50,000,000 appropriated for this purpose for Within the total fees collected, the con- search and development efforts in the prior fiscal year 2009 has yet to be awarded to the ferees direct USCIS to provide no less than year (fiscal year 2009), including all tech- State consortium leading the project. DHS $51,755,000 to support National Customer nologies, technology improvements, or capa- has proposed significant revisions to the un- Service Center operations and to dedicate bilities delivered to front line users, and the derlying REAL ID authorization, raising the the entirety of premium processing revenue role the Integrated Product Teams played in potential for planning delays in the eventual to business system and information tech- the development. In addition, based on the technological solution that is determined nology transformation. USCIS is also di- Directorate’s ongoing validation and necessary to connect States’ vital records rected to provide no less than $29,000,000 to verification reviews, S&T shall also submit systems. As a result, the conference agree- convert immigration records to digital for- with its fiscal year 2011 budget request and ment includes $10,000,000 for REAL ID data mat, as requested for fiscal year 2010. No each subsequent fiscal year a report on the sharing hub development, to be used only for more than $10,000 of the fees collected shall amounts deobligated from projects in the system engineering and acquisition costs and be used for official reception and representa- prior fiscal year (fiscal year 2009) and what not for ‘‘incentive’’ or other subsidy pay- tion expenses. projects those funds were subsequently obli- ments to project participants, instead of gated to. Basic Pilot Program (E-Verify Program) $25,000,000 as proposed by the House. The S&T shall notify the Committees pursuant The conference agreement provides Senate proposed no funding for the REAL ID to section 503 of this Act if it assesses any $137,000,000 for the basic pilot program (E- hub. As noted in the Senate report, the con- program for administrative costs exceeding Verify Program) instead of $162,000,000 as ferees expect DHS to submit its plan for hub five percent of the total program appropria- proposed by the House and $118,500,000 as pro- development to the Committees in fiscal tion. posed by the Senate. Of this amount, year 2010. As discussed in the Senate report, S&T $30,000,000 is available until September 30, Immigration Integration 2011, for continued improvement of the E- shall report within 30 days after the date of Verify system, including an identity assur- The conference agreement includes enactment of this Act on its plans and ance tool, additional capacity to investigate $11,000,000 for competitively-awarded grants timelines for full implementation of the Na- fraudulent use of the system, and develop- to organizations promoting the rights and tional Academy of Public Administration ment of a ‘‘self-check’’ tool to allow author- responsibilities of citizenship as proposed by study recommendations related to strategic ized workers to validate the accuracy of the House instead of $1,200,000 as proposed by planning. their records on file with federal government the Senate. The conference report includes a RESEARCH, DEVELOPMENT, ACQUISITION, AND agencies. The conferees make all appropria- statutory restriction limiting the award of OPERATIONS these funds to programs that serve legal per- tions for compliance investments available The conference agreement provides manent residents of the United States. for fiscal year 2010 only to reflect the empha- $863,271,000 for Research, Development, Ac- sis the conferees expect USCIS to place on E- Changes to Fees Charged to Temporary quisition, and Operations instead of Verify improvements that strengthen com- Protected Status Applicants $825,356,000 as proposed by the House and pliance with system operating requirements. As discussed in the House report, the con- $851,729,000 as proposed by the Senate. Funds GAO Analysis of Basic Pilot Program/E- ference report includes a general provision are available for three years, except Labora- Verify Program clarifying that USCIS is allowed to charge tory Facilities funding, which is available The conferees direct GAO to conduct two fees for services related to Temporary Pro- for five years. The following table specifies studies of the basic pilot program (E-Verify tected Status applications. funding by budget activity: Program): one of the tentative non-con- Naturalization Ceremonies Border and Maritime Secu- firmation rates for the basic pilot program As directed in the House report, USCIS is rity ...... $44,181,000 (E-Verify Program) and the other of the ef- directed to identify, in the fiscal year 2011 Chemical and Biological .... 206,800,000 fects of the basic pilot program (E-Verify budget submission, funds allocated to natu- Command, Control, and Program) on small entities, as defined by 5 ralization and oath of allegiance ceremonies Interoperability ...... 81,764,000 U.S.C. 601. The House had proposed a general and to work with local public and private Explosives ...... 120,809,000 provision (section 545) requiring these stud- groups to schedule naturalization and oath Human Factors ...... 16,087,000 ies and GAO is directed to follow the direc- of allegiance ceremonies as part of Independ- Infrastructure and Geo- tion in the House bill when designing them. ence Day celebrations. physical ...... 74,958,000 The Senate had proposed no similar provi- FEDERAL LAW ENFORCEMENT TRAINING Innovation ...... 44,000,000 sion. CENTER Laboratory Facilities ...... 150,188,000 Test and Evaluations/ Refugee and Asylum Application Processing SALARIES AND EXPENSES Standards ...... 29,000,000 The fiscal year 2010 budget proposes The conference agreement provides $201,000,000 in direct appropriations, rather Transition ...... 46,134,000 $239,356,000 for Federal Law Enforcement University Programs ...... 49,350,000 than a surcharge on application fees, to pay Training Center (FLETC) Salaries and Ex- for the cost of processing refugee applica- penses as proposed by the House instead of Total ...... $863,271,000 tions and asylum claims. The conference $244,356,000 as proposed by the Senate. The Border and Maritime Security agreement provides $50,000,000 for these costs conferees understand the Department has re- instead of $100,000,000 as proposed by the vised its priorities for the data center migra- The conference agreement provides House. The Senate proposed no funding. This tion initiative and provide no funding within $44,181,000 for Border and Maritime Security level reflects an estimated three months of this account. The Department is encouraged instead of $40,181,000 as proposed by the appropriations funded asylum and refugee to use the transfer authority provided for House and Senate. Included in this funding is application processing costs. Since the Ad- data center migration to fund any emergent $3,000,000 for urban tunnel detection basic re- ministration has not published a Federal requirements within FLETC as the initiative search, as requested. In addition, the con- Register notice explaining how or when the progresses. ferees fully fund the current maritime tech- existing $40 immigration application sur- nology test beds and provide $4,000,000 for a ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, charge for funding refugee and asylum appli- pilot to develop a replicable port security AND RELATED EXPENSES cations will be discontinued, the conference system that would improve maritime do- report includes statutory language with- The conference agreement provides main awareness. holding appropriated funds from obligation $43,456,000 for Acquisitions, Construction, The conferees are disappointed in the slow until regulatory revisions are implemented. Improvements, and Related Expenses as pro- progress DHS has made in developing a via- posed by both the House and the Senate. Military Naturalizations ble container security device, as discussed in the House report. S&T shall continue its The conference agreement provides SCIENCE AND TECHNOLOGY quarterly updates to the Committees on its $5,000,000 for the processing of military natu- MANAGEMENT AND ADMINISTRATION efforts in this area. ralization applications as proposed by the The conference agreement provides Senate. The House proposed no funding. The $143,200,000 for Management and Administra- Chemical and Biological conferees strongly encourage the Office of tion as proposed by the Senate instead of The conference agreement provides Management and Budget to include appro- $142,200,000 as proposed by the House. This $206,800,000 for Chemical and Biological as

VerDate Nov 24 2008 05:18 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.083 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11228 CONGRESSIONAL RECORD — HOUSE October 13, 2009 proposed by the Senate instead of $221,900,000 of $123,188,000 as proposed by the House and tion, instead of $39,599,000 as proposed by the as proposed by the House. While the con- $154,500,000 as proposed by the Senate. Within House and $37,500,000 as proposed by the Sen- ferees fund the BioWatch program under the the total, $12,000,000 is provided for the final ate. The conferees note that DNDO has made Office of Health Affairs as proposed by the year of construction obligations at the Phys- progress in filling its authorized 130 FTEs, Senate, S&T is expected to be intricately in- ical Science Facility and refurbishment of but several vacancies remain. The conferees volved in the test and evaluation of the building 325 at the Pacific Northwest Na- strongly encourage DHS to expedite back- BioWatch Generation 3 systems. tional Laboratory in support of the memo- ground investigations and other clearance While the conferees support the transfer of randum of understanding between DHS, the processes to fill vacant positions as soon as BioShield to the U.S. Department of Health U.S. Department of Energy, and the National possible. and Human Services, DHS shall continue to Nuclear Security Administration. RESEARCH, DEVELOPMENT, AND OPERATIONS perform the threat assessments of hazardous Within this total, $32,000,000 is for the Na- materials. The conference agreement provides tional Bio- and Agro-defense Facility $324,537,000 for Research, Development, and As discussed in the House report, S&T is (NBAF) instead of $36,312,000 as proposed by directed to brief the Committees before Jan- Operations instead of $376,537,000 as proposed the Senate and no funding as proposed by the by the House and $326,537,000 as proposed by uary 15, 2010, on the development and imple- House. Due to concerns raised by GAO about mentation of a Department-wide biosurety the Senate. No funding is provided under this DHS’s original assessment of the risk related heading for Securing the Cities, as proposed policy. to foot-and-mouth disease research on the Command, Control, and Interoperability by the House, but it is instead provided in U.S. mainland, a general provision is in- the Systems Acquisition appropriation. The The conference agreement provides cluded prohibiting the obligation of these conferees include $108,537,000 for Trans- $81,764,000 for Command, Control, and Inter- funds for NBAF construction until the Sec- formational Research and Development, in- operability instead of $80,764,000 as proposed retary undertakes a bio-safety and bio-secu- stead of $110,537,000 as proposed by the House by the House and $83,264,000 as proposed by rity mitigation risk assessment using plume and Senate, which reflects a five percent in- the Senate. Within this total, $3,000,000 is to and epidemiologic impact modeling to deter- crease over fiscal year 2009. Funding is made continue the web distributed environment mine the requirements for the safe operation available until September 30, 2012. The fol- for critical infrastructure decision making of NBAF in Manhattan, Kansas. Once DHS lowing table specifies funding by budget ac- exercises and $500,000 is for a demonstration completes the risk assessment, the National tivity: project to develop situational awareness and Academy of Sciences (NAS) shall provide an decision support capabilities through remote independent evaluation of the DHS study Systems Engineering and sensing technologies. within four months to ensure that risk has Architecture ...... $25,448,000 Explosives been adequately identified and mitigated in Systems Development ...... 100,000,000 The conference agreement provides planning for NBAF. Up to $2,000,000 of the Transformational Research $120,809,000 for Explosives research and tech- amount provided may be used for the NAS and Development ...... 108,537,000 nologies as proposed by the House and Sen- evaluation. Assessments ...... 32,416,000 ate. Included in this amount is $10,000,000 to In addition, the conferees continue bill Operations Support ...... 38,436,000 National Technical Nu- develop air cargo screening technologies, as language, proposed by the Senate, that re- clear Forensics Center .... 19,700,000 requested. In light of the large increase in quires the Secretary of Homeland Security, funding under this program, S&T is encour- in coordination with the Secretary of Agri- Total ...... $324,537,000 aged to accelerate its efforts to achieve re- culture, to report to the Committees on the sults in the near term and to brief the Com- procedures used to issue a permit for foot- Quarterly Reports mittees by January 15, 2010, on the status of and-mouth disease live virus research and an The conferees believe DNDO must aggres- new explosives research and technologies, emergency response plan in the event of an sively pursue its preventive radiation/nu- the progress it has made in identifying re- accidental release of a hazardous pathogen clear detection mission, and go beyond ad- search and development gaps aimed at coun- originating from NBAF. dressing the potential threat posed by the tering improvised explosive device threats, Test and Evaluations/Standards use of cargo containers to transport nuclear and how these funds will close such gaps. or radioactive materials or weapons. It is The conference agreement provides Human Factors critical that DNDO prioritize its efforts $29,000,000 for Test and Evaluations/Stand- based on risk, with attention to pathways The conference agreement provides ards, as proposed by the House instead of $16,087,000 for Human Factors instead of such as general aviation, the maritime do- $28,674,000 as proposed by the Senate. Within main, U.S. land borders (including rail and in $16,887,000 as proposed by the House and the total provided is $5,000,000 to continue a $12,460,000 as proposed by the Senate. Within areas between ports of entry), and urban first responder technology evaluation pro- areas and critical locations in the nation’s this total, $3,800,000 is for the biometrics program. gram. interior. The conferees direct DNDO to con- Transition tinue quarterly briefings to the Committees Infrastructure and Geophysical The conference agreement provides on progress in developing architecture to The conference agreement provides $46,134,000 for Transition as proposed by the guide technology research and applications; $74,958,000 for Infrastructure and Geophysical House instead of $45,134,000 as proposed by the status of such technologies, including instead of $52,093,000 as proposed by the their strengths and weaknesses; and time- House and $67,607,000 as proposed by the Sen- the Senate. Within the funds provided, $10,000,000 is provided for first responder tables to develop and deploy them. ate. Within the funding provided, not less The conferees also direct DNDO to provide than $20,865,000 is to continue the Southeast technologies as requested; $2,000,000 is for the Naval Postgraduate School to design, de- quarterly briefings to the Committees, as Region Research Initiative at the Oak Ridge proposed in the House report, on develop- National Laboratory; not less than $10,000,000 velop and field test first responder tech- ment of the Cargo Advanced Automated Ra- is for the National Institute for Hometown nologies outside of the integrated product diography Systems and Joint Integrated Security to support existing support in com- team process as requested; and $1,000,000 is to Non-Intrusive Inspection programs; red team munity-based critical infrastructure protec- continue a manufacturing pilot program to exercises and assessments, including tion; and not less than $2,000,000 is for the identify and transition advanced tech- vulnerabilities identified and recommenda- Cincinnati Urban Area partnership estab- nologies and manufacturing processes in the tions for addressing them; the progress in lished through the Regional Technology In- homeland security industrial base. S&T shall the Human Portable Radiation Detection tegration Initiative. provide an expenditure plan for the first responder technology program within 60 days System development effort, including oper- Innovation after the date of enactment of this Act. ational testing and production of new tech- The conference agreement provides University Programs nologies for advanced operations; and $44,000,000 for Innovation as proposed by the progress in developing alternatives to exist- House and Senate, including adequate fund- The conference agreement provides ing detection materials and systems, in par- ing for a variety of new technologies per- $49,350,000 for University Programs instead of ticular progress in finding alternatives to taining to tunnels, levee strengthening, $50,400,000 as proposed by the House and neutron detectors based on Helium-3. $48,300,000 as proposed by the Senate. Within storm surge mitigation, and resilient elec- Supporting and Improving Current Detection this funding, $39,380,000 is for the Centers of tric grid as requested and discussed in the Technology Senate report. Excellence and $3,870,000 is for minority serv- The conference agreement includes New Technologies ing institutions. S&T is directed to brief the Committees on how these funds will be allo- $5,000,000 within the amounts appropriated New technologies may significantly help cated to the Centers of Excellence by Janu- for Research, Development, and Operations the Department as it seeks to secure our ary 15, 2010. to improve operations and capabilities of homeland. The Department is encouraged to currently deployed polyvinyl toluene (PVT) DOMESTIC NUCLEAR DETECTION OFFICE develop a variety of technologies as dis- radiation portal monitors and handheld radi- cussed in both the House and Senate reports. MANAGEMENT AND ADMINISTRATION ation detectors, and to deploy any improve- Laboratory Facilities The conference agreement provides ments to the field. The conferees direct The conference agreement provides $38,500,000 for Domestic Nuclear Detection DNDO to submit a plan for expenditure, de- $150,188,000 for Laboratory Facilities instead Office (DNDO) Management and Administra- velopment, and deployment for such efforts

VerDate Nov 24 2008 05:18 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.085 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11229 to the Committees not later than 60 days agencies funded by the Department of Home- Transaction Agreement, a task or delivery after the date of enactment of this Act. The land Security Appropriations Act, 2010. order on a DHS multiple award contract, let- conferees direct DHS to notify the Commit- The Department shall submit reprogram- ter of intent, or public announcement of the tees if DNDO determines that it cannot obli- ming requests on a timely basis and provide intention to make such an award totaling in gate this funding. complete explanations of the reallocations excess of $1,000,000. If the Secretary deter- SYSTEMS ACQUISITION proposed, including detailed justifications of mines that compliance would pose substan- the increases and offsets, and any specific tial risk to health, human life, or safety, an The conference agreement provides impact the proposed changes will have on award may be made without prior notifica- $20,000,000 for Systems Acquisition instead of the budget request for the following fiscal tion but the Committees shall be notified $10,000,000 as proposed by the Senate. The year and future-year appropriations require- within five full business days after such House proposed no funding. Funding is made ments. Each request submitted to the Com- award or letter is issued. Additionally, available until September 30, 2012, for radio- mittees should include a detailed table show- FEMA is required to brief the Committees logical detection systems for the Securing ing the proposed revisions at the account, five full business days prior to announcing the Cities program, to be awarded through program, project, and activity level to the publicly the intention to make an award full and open competition. funding and staffing FTE levels for the cur- under State and Local Programs. Advanced Spectroscopic Portal Monitors and rent fiscal year and to the levels requested in Section 508. The conference agreement Certification the President’s budget for the following fis- continues a provision proposed by the House The conference report prohibits full-scale cal year. and Senate that no agency shall purchase, procurement of advanced spectroscopic por- The Department shall manage its pro- construct, or lease additional facilities for tal (ASP) systems until the Secretary has grams and activities within the levels appro- Federal law enforcement training without certified and reported to the Committees priated. The Committees are concerned with advance approval of the Committees. that a significant increase in operational ef- the number of reprogramming proposals sub- Section 509. The conference agreement fectiveness merits such a decision, with a re- mitted for consideration by the Department continues a provision proposed by the House quirement for separate certification for pri- and remind the Department that reprogram- and Senate that none of the funds may be mary and secondary deployments. The Sec- ming or transfer requests should be sub- used for any construction, repair, alteration, retary is directed to continue consulting mitted only in the case of an unforeseeable or acquisition project for which a prospectus with NAS on this matter. Finally, DNDO is emergency or situation that could not have otherwise required under chapter 33 of Title prohibited from engaging in high-risk con- been predicted when formulating the budget 40, United States Code, has not been ap- current development and production of mu- request for the current fiscal year. When the proved. The conferees exclude funds that tually dependent software and hardware Department submits a reprogramming or may be required for development of a pro- components of detection systems. transfer request to the Committees and does posed prospectus. The conferees expect DHS to ensure cer- not receive identical responses from the Section 510. The conference agreement tification decisions are made with the best House and Senate, it is the responsibility of continues a provision proposed by the House possible test information and to follow NAS the Department to reconcile the House and that consolidates by reference prior year recommendations related to development Senate differences before proceeding, and if statutory bill language into one provision. The Senate proposed a similar provision. and certification as outlined in the Senate reconciliation is not possible, to consider the These provisions relate to reporting require- report. Further, the conferees believe the reprogramming or transfer request unap- ments of the privacy officer; contracting of- NAS recommendations should be imple- proved. ficer’s technical representative training; sen- mented prior to decisions on certification or The Department is not to submit a re- sitive security information; federal building procurement of ASPs. If for any reason the programming or transfer of funds after June performance and requirements outlined in Department does not follow these rec- 30 except in extraordinary circumstances, title V of the National Energy Conservation ommendations, the Department shall pro- which imminently threaten the safety of Policy Act or subtitle A of title I of the En- vide a briefing to the Committees as to why human life or the protection of property. If a ergy Policy Act of 2005; use of funds in con- these recommendations were not followed. reprogramming or transfer is needed after formance with section 303 of the Energy Pol- June 30, the notice should contain sufficient As independent reviews of the ASP programs icy Act of 1992; and Executive Order 13149 re- documentation as to why it meets this statu- have been of value to the Department, the lating to fleet and transportation efficiency. conferees believe an independent cost-benefit tory exception. Section 511. The conference agreement Section 504. The conference agreement analysis would also be beneficial. continues a provision proposed by the House continues a provision proposed by the House If certification does not occur or is further and Senate that none of the funds may be and Senate extending the authorization of delayed, the conferees direct DHS to submit used in contravention of the Buy American the Department’s Working Capital Fund a revised deployment plan, to include addi- Act. tional procurement of PVT monitors, if re- (WCF) in fiscal year 2010. No funds appro- Section 512. The conference agreement quirements remain. As described in the priated or otherwise available to the Depart- continues a provision proposed by the Senate House and Senate reports, the conferees en- ment may be used to make payment to the prohibiting funds to be used to amend the courage DNDO to undertake deployment of Department’s WCF, except for activities and oath of allegiance required by section 337 of low rate initial production ASP systems, as amounts allowed in the President’s fiscal the Immigration and Nationality Act (8 appropriate, and use data from such deploy- year 2010 budget. Funds provided to the WCF U.S.C. 1448). The House proposed no similar ments to inform future portal monitor deci- are available until expended. The Depart- provision. sions. ment shall only charge components for di- Section 513. The conference agreement TITLE V—GENERAL PROVISIONS rect usage of the WCF. Fiscal year 2010 and continues a provision proposed by the House any carryover funds may be used only for the (Including Rescissions of Funds) and Senate regarding competitive sourcing. purposes consistent with the contributing Section 514. The conference agreement Section 501. The conference agreement component. Any funds paid in advance or re- continues and modifies a provision proposed continues a provision proposed by the House imbursed must reflect the full cost of each by the House and Senate directing TSA to and Senate that no part of any appropriation service. The WCF shall be subject to the rework with air carriers and airports to ensure shall remain available for obligation beyond quirements of section 503 of this Act. the screening of cargo carried on passenger the current year unless expressly provided. Section 505. The conference agreement aircraft, as required by the 9/11 Act, in- Section 502. The conference agreement continues a provision proposed by the House creases incrementally each quarter until the continues a provision proposed by the House and Senate that not to exceed 50 percent of requirements are met. TSA is required to re- and Senate that unexpended balances of unobligated balances remaining at the end of port air cargo inspection statistics detailing prior appropriations may be merged with fiscal year 2010 from appropriations made for how incremental progress is being made to new appropriations accounts and used for the salaries and expenses shall remain available the Committees within 45 days after the end same purpose, subject to reprogramming through fiscal year 2011 subject to re- of each quarter of the fiscal year. Finally, guidelines. programming guidelines. TSA shall submit a report on how it plans to Section 503. The conference agreement Section 506. The conference agreement meet the 100 percent mandate contained in continues a provision proposed by the Senate continues a provision proposed by the House the 9/11 Act. that provides authority to reprogram appro- and Senate deeming that funds for intel- Section 515. The conference agreement priations within an account and to transfer ligence activities are specifically authorized continues a provision proposed by the House up to 5 percent between appropriations ac- during fiscal year 2010 until the enactment of and Senate requiring the Chief Financial Of- counts with 15-day advance notification of an Act authorizing intelligence activities for ficer to submit monthly budget execution the Committees. The House proposed a simi- fiscal year 2010. and staffing reports within 45 days after the lar provision. A detailed funding table iden- Section 507. The conference agreement close of each month. tifying programs, projects, and activities is continues and modifies a provision proposed Section 516. The conference agreement included at the end of this statement. This by the House and Senate requiring notifica- continues and modifies a provision proposed table along with funding levels specified in tion of the Committees three business days by the Senate directing that any funds ap- the report shall serve as the control level for before any grant allocation, grant award, propriated or transferred to TSA ‘‘Aviation all reprogrammings. These reprogramming contract award (including Federal Acquisi- Security’’, ‘‘Administration’’, and ‘‘Trans- guidelines shall be complied with by all tion Regulation-covered contracts), Other portation Security Support’’ in fiscal years

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.087 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11230 CONGRESSIONAL RECORD — HOUSE October 13, 2009 2004, 2005, 2006, 2007, and 2008 that are recov- with the following information: (1) an expla- Section 531. The conference agreement ered or deobligated shall be available only nation of the circumstances necessitating continues and modifies a provision proposed for procurement and installation of explo- the waiver, including a discussion of how by the House relating to Other Transactional sives detection systems, air cargo, baggage, this action does not deviate from the role of Authority for DHS through fiscal year 2010. and checkpoint screening systems, subject to the FEMA Administrator as the principal ad- The Senate proposed a similar provision. notification. The House proposed a similar visor on emergency management to the Section 532. The conference agreement provision. Quarterly reports must be sub- President, the Homeland Security Council, continues a provision proposed by the House mitted identifying any funds that are recov- and the Secretary, as defined in P.L. 109–295 and Senate that requires the Secretary to ered or deobligated. (6 U.S.C. 313); and (2) discussion of the role in link all contracts that provide award fees to Section 517. The conference agreement the field, or in headquarters, of staff de- successful acquisition outcomes. continues a provision proposed by the House ployed pursuant to the waiver, including Section 533. The conference agreement and Senate requiring any funds appropriated measures taken to ensure compliance with continues a provision proposed by the House to Coast Guard for 110–123 foot patrol boat subsection (c) of 6 U.S.C. 319. and Senate prohibiting the obligation of conversions that are recovered, collected, or Further, the conferees note that this waiv- funds made available to the Office of the otherwise received as a result of negotiation, er authority exists for fiscal year 2010 only Secretary and Executive Management for mediation, or litigation, shall be available and directs the Department, in collaboration any new hires at DHS not verified through until expended for the replacement patrol with the appropriate authorizing committees the basic pilot (E-Verify) program. boat program. of the House and Senate, and other federal Section 534. The conference agreement Section 518. The conference agreement entities, to revisit all planning and response continues a provision proposed by the House continues a provision proposed by the House documents, such as the National Response and Senate related to prescription drugs. and Senate pertaining to the human resource Framework, and the organizational struc- Section 535. The conference agreement management system. ture of operational emergency response continues a provision proposed by the House Section 519. The conference agreement teams, as appropriate, to ensure that they and Senate prohibiting funds made available continues a provision proposed by the House are compliant with the provisions of in this Act from being used to implement a and Senate extending undercover investiga- PKEMRA. The conferees direct DHS to re- rule or regulation that implements the No- tive operations authority of the Secret Serv- port within 120 days of enactment of this Act tice of Proposed Rulemaking related to Peti- ice. on any action necessary to update all appli- tions for Aliens to Perform Temporary Non- Section 520. The conference agreement cable documents and the organizational agricultural Services or Labor (H–2B) set out continues a provision proposed by the House structure of operational emergency response beginning on 70 Federal Register 3984 (Janu- and Senate classifying the functions of in- teams. ary 27, 2005). structor staff at FLETC as inherently gov- Section 523. The conference agreement Section 536. The conference agreement ernmental for purposes of the Federal Activi- continues a provision proposed by the House continues a provision proposed by the House ties Inventory Reform Act of 1998. and Senate regarding the enforcement of sec- requiring the Secretary of Homeland Secu- Section 521. The conference agreement tion 4025(1) of Public Law 108–458 pertaining rity, in consultation with the Secretary of continues a provision proposed by the House to butane lighters. Treasury, to notify the Committees of any and Senate prohibiting the obligation of Section 524. The conference agreement proposed transfers from the Department of funds appropriated to the Office of the Sec- continues a provision proposed by the House Treasury Forfeiture Fund to any agency retary and Executive Management, the Of- and Senate prohibiting the Secretary of within the Department of Homeland Secu- fice of the Under Secretary for Management, Homeland Secretary from reducing oper- rity. No funds may be obligated until the ations within the Coast Guard’s Civil Engi- or the Office of the Chief Financial Officer Committees approve the proposed transfers. neering Program except as specifically au- for grants or contracts awarded by any The Senate proposed a similar provision. means other than full and open competition. thorized by a statute enacted after the date Section 537. The conference agreement Certain exceptions apply. This provision does of enactment of this Act. continues a provision proposed by the House Section 525. The conference agreement not require new competitions of existing and Senate prohibiting funds for planning, continues a provision proposed by the House contracts during their current terms. The testing, piloting, or developing a national and Senate that precludes DHS from using conferees also require the IG to review De- identification card. funds in this Act to carry out reorganization partmental contracts awarded noncompeti- Section 538. The conference agreement authority. This prohibition is not intended tively and report on the results to the Com- continues a provision proposed by the House to prevent the Department from carrying mittees. and Senate requiring the Assistant Sec- out routine or small reallocations of per- Section 522. The conference agreement retary of Homeland Security (TSA) to cer- sonnel or functions within components of the continues and modifies a provision proposed tify that no security risks will result if any Department, subject to section 503 of this by the House that prohibits funding for any airport does not participate in the basic pilot position designated as a Principal Federal Act. Section 526. The conference agreement (E-Verify) program. Official (PFO) during a Stafford Act declared continues a provision proposed by the House Section 539. The conference agreement disaster or emergency. and Senate prohibiting funding to grant an continues a provision proposed by the House The issue of the role of a PFO during a immigration benefit to any individual unless and Senate that requires a report summa- Federal response has a complicated history the results of background checks required in rizing damage assessment information used in recent years, brought to light most visibly the statute to be completed prior to the to determine whether to declare a major dis- with confusion during the response to Hurri- grant of the benefit have been received by aster. cane Katrina. The Post Katrina Emergency USCIS. Section 540. The conference agreement Management Reform Act of 2006 (PKEMRA) Section 527. The conference agreement continues a provision proposed by the Senate addressed various shortcomings highlighted continues a provision proposed by the House relating to the liquidation of Plum Island as- by the response to Hurricane Katrina. and Senate prohibiting use of funds to de- sets if the site is not chosen for the new Na- PKEMRA defines FEMA’s responsibilities stroy or put out to pasture any horse or tional Bio- and Agro-defense Facility and and boosts its autonomy within DHS. In ad- other equine belonging to the Federal gov- how the proceeds from this sale may be ap- dition, the Act outlines an incident manage- ernment unless adoption has been offered plied. The House proposed a similar provi- ment chain of command headed by the Ad- first. sion. ministrator of FEMA, defined as the prin- Section 528. The conference agreement Section 541. The conference agreement in- cipal advisor to the President and Secretary continues a provision proposed by the Senate cludes a new provision proposed by the on all matters relating to emergency man- regarding the use of Data Center One (Na- House amending section 4 of Public Law 110– agement. However, a dispute regarding the tional Center for Critical Information Proc- 161 by striking projects in Massachusetts, role of the PFO continues. essing and Storage). The House proposed no South Carolina, and California and adding While the conferees do not believe that similar provision. different projects in those States. The Sen- Sec. 523 of the House bill precludes the Sec- Section 529. The conference agreement ate proposed no similar provision. retary from deploying Department level staff continues a provision proposed by the Senate Section 542. The conference agreement to a disaster in a manner that is consistent prohibiting funds from being used to reduce continues a provision proposed by the House with current law, the conferees recognize the Coast Guard’s Operations Systems Cen- and Senate directing that any official re- that the Secretary has asked for some flexi- ter mission or its government-employed or quired by this Act to report or certify to the bility regarding this provision. Statutory contract staff. The House proposed no simi- Committees on Appropriations may not dele- language has been modified to allow the Sec- lar provision. gate such authority unless expressly author- retary to waive the prohibition on the use of Section 530. The conference agreement ized to do so in this Act. funds for a PFO or successor position under continues a provision proposed by the House Section 543. The conference agreement a Stafford Act declaration. After exercising and Senate prohibiting funds to be used to continues a provision proposed by the House this waiver, the Secretary must report to the conduct or implement the results of a com- extending the authority of the Predisaster Committees on Appropriations, as well as petition under Office of Management and Mitigation Fund until September 30, 2010. the House Transportation and Infrastructure Budget Circular A–76 with respect to the The Senate proposed no similar provision. Committee, and the Senate Homeland Secu- Coast Guard National Vessel Documentation Section 544. The conference agreement in- rity and Governmental Affairs Committee Center. cludes a provision proposed by the Senate on

VerDate Nov 24 2008 05:18 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.089 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11231 unmanned aircraft systems. The House pro- Section 558. The conference agreement in- mation collected through the Registered posed no similar provision. cludes a new provision proposed by the Traveler program. A report on procedures Section 545. The conference agreement in- House prohibiting funds in this Act to be and status is required to be submitted 90 cludes a new provision proposed by the used to employ workers in contravention of days after the date of enactment of this Act. House permitting unobligated amounts made section 274A(h)(3) of the Immigration and The House proposed no similar provision. available to Coast Guard Sector Buffalo to Nationality Act. The Senate proposed no Section 568. The conference agreement in- be used to make improvements to land to en- similar provision. cludes and modifies a new provision proposed hance public access to the Buffalo Light- Section 559. The conference agreement in- by the Senate extending the visa program for house and the waterfront. The Senate pro- cludes and modifies a new provision proposed special immigrant nonminister religious posed no similar provision. by the Senate that prohibits the use of funds workers and the ‘‘Conrad 30’’ rural area serv- Section 546. The conference agreement infor LORAN-C after January 4, 2010, if the ing doctors program. The conferees modify cludes a new provision proposed by the Commandant certifies termination will not treatment of surviving spouses and other rel- House and Senate permitting personnel ap- adversely impact maritime safety and the atives. The conference agreement includes pointed or assigned to serve abroad allow- Secretary certifies that LORAN-C is not reporting requirements and humanitarian ances and benefits similar to those provided needed as a backup to the Global Positioning consideration for pending petitions and ap- in the Foreign Service Act of 1990. System (GPS). The certifications must be plications. The House proposed no similar Section 547. The conference agreement in- submitted to the Committees on Appropria- provision. cludes and modifies a new provision proposed tions. If such certifications are made, the Section 569. The conference agreement in- by the House that extends the basic pilot sale of LORAN-C properties can be used as cludes a new provision proposed by the Sen- program (E-Verify program) by three years. offsetting collections for environmental ate prohibiting funds appropriated or other- Because DHS and the Social Security Ad- compliance and restoration activities, in- wise made available by this Act to pay for ministration have already entered into a cluding costs of securing and maintaining award or incentive fees for contractors with memorandum of agreement on employment equipment that may be used as a backup to below satisfactory performance or perform- verification, statutory language is no longer GPS. The House proposed no similar provi- ance that fails to meet the basic require- necessary. The two GAO reports contained in sion. ments of the contract. The House proposed the House provision are addressed under Section 560. The conference agreement inno similar provision. USCIS. The Senate proposed a similar exten- cludes and modifies a new provision proposed Section 570. The conference agreement in- sion. by the Senate that prohibits the obligation cludes a new provision proposed by the Sen- Section 548. The conference agreement in- of funds for construction of the National Bio- ate that prohibits funds appropriated or oth- cludes a new provision proposed by the Sen- and Agro-defense Facility (NBAF) until the erwise made available by this Act for DHS to ate that extends the EB–5 visa program for enter into a federal contract unless the con- three years. The House proposed no similar Secretary of DHS undertakes a bio-safety tract meets the Federal Property and Ad- provision. and bio-security mitigation risk assessment Section 549. The conference agreement in- using plume and epidemiologic impact mod- ministrative Services Act of 1949 or Chapter cludes a new provision proposed by the eling to determine the requirements for the 137 of title 10 U.S.C. requirements and the House that clarifies fees for fingerprinting, safe operation of NBAF in Manhattan, Kan- Federal Acquisition Regulation or the con- biometric services, and other necessary serv- sas. Once DHS completes the risk assess- tract is authorized by statute without regard ices may be collected as part of section 244 of ment, the National Academy of Sciences to this section. The House proposed no simi- the Immigration and Nationality Act. The shall provide an independent, expert evalua- lar provision. Senate proposed no similar provision. tion of the DHS study within four months to Section 571. The conference agreement in- Section 550. The conference agreement in- ensure that risk has been adequately identi- cludes a new provision allowing the Sec- cludes a new provision proposed by the fied and mitigated in planning for NBAF. In retary to transfer data center migration House and Senate that extends the risk addition, the Secretary of DHS, in coordina- funds made available by this Act between ap- based security standards for chemical facili- tion with the Secretary of Agriculture, shall propriations for the same purpose after noti- ties cited in Section 550 of P.L. 109–295 by one report to the Committees on the procedures fying the Committees 15 days in advance. year. used to issue a permit for foot-and-mouth Section 572. The conference agreement in- Section 551. The conference agreement in- disease live virus research and an emergency cludes a new provision that specific ear- cludes a new provision proposed by the Sen- response plan in the event of an accidental marks contained in House Report 111–157 in- ate that renames ‘‘basic pilot program’’ as release of a hazardous pathogen originating tended to be awarded to a for-profit entity ‘‘E-Verify Program’’. The House proposed no from NBAF. The House proposed a similar shall be awarded under full and open com- similar provision. provision under S&T Research, Development, petition. Section 552. The conference agreement in- Acquisition, and Operations. Section 573. The conference agreement includes and modifies a new provision proposed Section 561. The conference agreement includes a provision rescinding $5,572,000 in un- by the House on the individuals detained at cludes and modifies a new provision proposed obligated balances for fiscal year 2009 from the Naval Station, Guantanamo Bay, Cuba. by the Senate on maritime transportation FEMA ‘‘Trucking Industry Security Grants’’ The Senate had no similar provision. security information. The House proposed no as proposed by the House instead of $5,500,000 Section 553. The conference agreement in- similar provision. as proposed by the Senate. cludes a new provision proposed by the Section 562. The conference agreement in- Section 574. The conference agreement in- House that requires the names of individuals cludes a new provision proposed by the Sen- cludes a provision rescinding $2,358,000 in un- detained at the Naval Station, Guantanamo ate on the definition of switchblade knives. obligated balances of prior year appropria- Bay, Cuba to be included on the No Fly List. The House proposed no similar provision. tions for ‘‘Analysis and Operations’’ instead The Senate proposed no similar provision. Section 563. The conference agreement in- of $2,203,000 as proposed by the House and Section 554. The conference agreement includes and modifies a new provision proposed $5,000,000 as proposed by the Senate. cludes a new provision proposed by the by the Senate related to the Federal Deposit Section 575. The conference agreement in- House and Senate permitting the collection Insurance Act. The House proposed no simi- cludes a provision rescinding $8,000,000 in un- of fees for conferences, seminars, exhibits, lar provision. obligated balances of prior year appropria- symposiums, or similar meetings and re- Section 564. The conference agreement in- tions for NPPD ‘‘Infrastructure Protection quires an annual report on the level of col- cludes and modifies a new provision proposed and Information Security’’ as proposed by lection by the Department. by the Senate amending the OPEN FOIA Act the Senate instead of $5,963,000 as proposed Section 555. The conference agreement in- relating to certain items being withheld by the House. cludes a new provision proposed by the Sen- from release. The House proposed no similar Section 576. The conference agreement in- ate defining rural areas for purposes of sec- provision. cludes a provision rescinding $6,944,148 from tion 210C of the Homeland Security Act of Section 565. The conference agreement in- unobligated balances of prior year appropria- 2002. The House proposed no similar provi- cludes and modifies a new provision proposed tions for S&T ‘‘Research, Development, Ac- sion. by the Senate on the release of protected na- quisition, and Operations’’ instead of Section 556. The conference agreement in- tional security documents. The House pro- $7,500,000 as proposed by the Senate. The cludes a new provision proposed by the posed no similar provision. House proposed no similar provision. S&T House prohibiting funds in this Act to be Section 566. The conference agreement in- shall notify the Committees on the distribu- used for first-class travel. The Senate pro- cludes a new provision proposed by the Sen- tion of the rescission prior to its implemen- posed no similar provision. ate permitting administrative law judges to tation. Section 557. The conference agreement in- be available temporarily to serve on an arbi- Section 577. The conference agreement includes and modifies a new provision proposed tration panel created under the American cludes a provision rescinding $8,000,000 from by the House prohibiting funds in this Act to Recovery and Reinvestment Act for FEMA’s unobligated balances of prior year appropria- be used for adverse personnel actions for em- Public Assistance program for Hurricanes tions for DNDO ‘‘Research, Development, ployees who use protective equipment or Katrina and Rita. The House proposed no and Operations’’ as proposed by the Senate. measures, including surgical masks, N95 res- similar provision. The House proposed no similar provision. pirators, gloves, or hand-sanitizers in the Section 567. The conference agreement in- DNDO shall notify the Committees on the conduct of their official duties. The Senate cludes a new provision proposed by the Sen- distribution of the rescission prior to its im- proposed no similar provision. ate on the proper disposal of personal infor- plementation.

VerDate Nov 24 2008 05:18 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.090 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11232 CONGRESSIONAL RECORD — HOUSE October 13, 2009 Section 578. The conference agreement inform and Immigrant Responsibility Act, The conference agreement does not include cludes a new provision rescinding $4,000,000 making the basic pilot (E-Verify) program section 568 of the Senate bill requiring a re- from unobligated balances of prior year ap- permanent. The conference agreement con- port on improving cross-border inspection propriations made available for TSA ‘‘Re- tains a three-year extension of this program. processes in the United States, Ontario, and search and Development’’. TSA shall notify The conference agreement does not include Quebec. This item is addressed under CBP. section 547 of the Senate bill that requires the Committees on the distribution of the re- The conference agreement does not include government contractors to participate in the scission prior to its implementation. section 573 of the Senate bill pertaining to Section 579. The conference agreement in- basic pilot (E-Verify) program. A federal reg- prescription drugs. This issue is addressed cludes a new provision rescinding $800,000 ulation was finalized in September 2009 re- under Section 534. from unobligated balances of prior year ap- quiring federal contractors and subcontrac- propriations made available for Coast Guard tors to use the basic pilot (E-Verify) pro- The conference agreement does not include ‘‘Acquisition, Construction, and Improve- gram. section 576 of the Senate bill requiring em- ments’’ and specifies that this rescission The conference agreement does not include ployers to verify the immigration status of must be made from completed projects. section 549 of the Senate bill making the EB– existing employees. Section 580. The conference agreement in- 5 visa program permanent. The conference cludes a new provision rescinding $5,600,000 agreement contains a three year extension of DISCLOSURE OF EARMARKS AND CON- from unobligated balances made available this program. GRESSIONALLY DIRECTED SPENDING for the Counterterrorism Fund. The conference agreement does not include ITEMS section 550 of the Senate bill authorizing the PROVISIONS NOT ADOPTED Following is a list of congressional ear- Secretary to direct GSA to sell ICE Service marks and congressionally directed spending The conference agreement does not include Processing Centers and detention facilities items (as defined in clause 9 of rule XXI of section 512 of the Senate bill prohibiting that no longer meet the mission and use the the Rules of the House of Representatives funds for Secure Flight to be used to test al- funds for other ICE real property needs. gorithms assigning risk to passengers whose The conference agreement does not include and rule XLIV of the Standing Rules of the names are not on a government watch list or section 551 of the House bill on certification Senate, respectively) included in the con- to use databases that are under control of a requirements for advanced spectroscopic por- ference report or the accompanying joint non-Federal entity. Since these activities tal monitors, the National Academy of statement of managers, along with the name are not permitted by the final Secure Flight Sciences study, and high risk concurrent de- of each Senator, House Member, Delegate, or rule, any change would require a new rule- velopment. This provision is included under Resident Commissioner who submitted a re- making. DNDO ‘‘Systems Acquisition’’. quest to the Committee of jurisdiction for The conference agreement does not include The conference agreement does not include each item so identified. Neither the con- section 518 of the Senate bill prohibiting section 553 of the House bill on the closure of ference report nor the joint statement of funds for the National Applications Office or the Florida long-term recovery office in Or- managers contains any limited tax benefits the National Immigration Information Shar- lando. This item is addressed under FEMA. or limited tariff benefits as defined in the ap- ing Operation until certain conditions were The conference agreement does not include plicable House or Senate rules. Pursuant to met. A modified version of this provision is section 560 of the Senate bill on border fence clause 9(b) of rule XXI the rules of the House included in ‘‘Analysis and Operations’’ completion. of Representatives, neither the conference The conference agreement does not include The conference agreement does not include report nor the joint statement of managers section 546 of the House bill clarifying how section 561 of the Senate bill on no match contains any congressional earmarks, lim- funds collected for fraud prevention and de- letters. ited tax benefits, or limited tariff benefits tection may be used. The conference agreement does not include that were not (1) committed to the con- The conference agreement does not include section 563 of the Senate bill requiring a reference committee by either House or (2) in section 546 of the Senate bill that clarifies port on Operation Streamline. This item is a report of a committee of either House on Section 401(b) of the Illegal Immigration Re- addressed under CBP. this bill or on a companion measure.

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.092 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11233 Hastings ncan Jr. 0,000 Silvestre Reyes 0,000 Silvestre $1,000,000 David Price $1,000,000 David $12,875,000 The President $12,875,000 The President $12,875,000 The President Jeff Bingaman; Tom Udall Rodney Alexander; Mary Landrieu Chet Edwards; John Carter; Cornyn; Kay Bailey Hutchison HOMELAND SECURITY HOMELAND SECURITY [Presidentially Requested Spending Items] [Congressionally Directed Spending Items] ness, The University of North Carolina, Chapel Hill, NC Center of Excellence in Logistics and Technology (LOGTECH), Institute for Defense Busi- Coast Guard Academy Pier, CT Coast Guard Station Cleveland Harbor, OH National Infrastructure Simulation and Analysis Center, NM $16,800,000 $4,000,000 George Voinovich Jeff Bingaman; Tom Udall $300,000 Christopher Dodd Institute of Mining and Technology, NM University, LA University, TX National Energetic Materials Research and Testing Center, New Mexico National Center for Biomedical Research and Training, Louisiana State National Emergency Response and Rescue Training Center, Texas A&M National Exercise, Test, and Training Center, Nevada Test Site, NV $12,875,000 The President Harry Reid Shore and Operational Support projects, various locations National Infrastructure Simulation and Analysis Center, NM $6,000,000 The President $16,000,000 The President Jeff Bingaman; Tom Udall Naval Postgraduate School, CA Physical Science Facility, Pacific Northwest National Laboratory, WA Transportation Security Laboratory, NJ $12,000,000 The President Patty Murray; Norman Dicks; Doc $2,000,000 The President $5,000,000 The President Sam Farr agement ments ments Security Improvements formation Security tion, and Operations tion, and Operations tion, and Operations Agency Account Project Amount Requester(s) Agency Account Project Administration Amount Requester(s) CG CG Operating Expenses NPPD Acquisition, Construction, and Infrastructure Protection and In- FEMA Project Seahawk, SC State and Local Programs National Domestic Preparedness Consortium: FEMA S&T State and Local Programs S&T Research, Development, Acquisi- Center for Domestic Preparedness, AL S&T Research, Development, Acquisi- $1,088,000 The President Research, Development, Acquisi- DHS $62,500,000 The President CBP Office of the Under Secretary for Man- CBP CBP Salaries & Expenses Richard Shelby; Mike Rogers (AL) TSA Construction and Facilities Management Advanced Training Center, WV CG Construction and Facilities Management Hangar and Offices for U.S. Customs Border Protection, City of El Paso, TX CG Aviation Security Portable Solar Charging Rechargeable Battery System, Global Solar, AZ Operating Expenses CG Acquisition, Construction, and Improve- $3,50 CG Acquisition, Construction, and Improve- NPPD Transportation Security Research and Training Center, National Safe Skies Alliance, TN $800,000 Operations Systems Center, WV Alteration of Bridges Ed Pastor Infrastructure Protection and Information $1,250,000 John Du $39,700,000 Fort Madison, IA Robert Byrd $3,600,000 Robert Byrd $4,000,000 Tom Harkin; David Loebsack

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.093 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11234 CONGRESSIONAL RECORD — HOUSE October 13, 2009 bie Stabenow; Carl Levin Benjamin Cardin oswell $1,000,000 Chaka Fattah $1,000,000 Chaka $3,000,000 Nita Lowey; Yvette Clarke $3,000,000 Michael Simpson; Mike Crapo; James Risch $5,000,000 David Price; Bob Etheridge; Brad Miller; Kay Hagan HOMELAND SECURITY—Continued [Congressionally Directed Spending Items] phia, PA Laboratory, Idaho National ID Security & Critical Infrastructure Coordination Library Science, The University of North Carolina at Chapel Hill, NC Philadelphia Buffer Zone Protection Video Surveillance Expansion Project, City of Philadel- State and Local Cyber Security Training, University of Texas, San Antonio, TX Power and Cyber Systems Protection, Analysis, Testing Program at the Idaho National Cyber Security Test Bed & Evaluation Center, RTI International, NC $3,500,000 Ciro Rodriguez Multi-State Information Sharing and Analysis Center (MS-ISAC), NY, Office of State Cyber Virginia Operational Integration Cyber Center of Excellence (VOICCE), City Hampton, VA $500,000 The Upstate NY Cyber Initiative, Clarkson University, Glenn Nye; Robert Wittman $3,500,000 David Price SEARCH, Sacramento, CA $100,000 John McHugh; Charles Schumer $1,000,000 Steven Rothman Security Security Security Security Security Security Security Security Agency Account Project Amount Requester(s) NPPD NPPD Infrastructure Protection and Information NPPD Infrastructure Protection and Information NPPD Infrastructure Protection and Information NPPD Infrastructure Protection and Information NPPD Infrastructure Protection and Information NPPD Infrastructure Protection and Information NPPD Infrastructure Protection and Information OHA Infrastructure Protection and Information FEMA Affairs Health of Office FEMA FEMA State and Local Programs FEMA State and Local Programs FEMA North Carolina Collaboratory for Bio-Preparedness (NC B-Prepared), School of Information & State and Local Programs FEMA Emergency Operations Center, Benton County Management Commission, IA State and Local Programs FEMA Emergency Operations Center, Brazoria County Management, TX State and Local Programs FEMA Emergency Operations Center, Butte-Silver Bow, MT $500,000 State and Local Programs Leonard B FEMA Emergency Operations Center, Calvert County Department of Public Safety, MD State and Local Programs FEMA Emergency Operations Center, City of Alamosa Fire Department, CO State and Local Programs $100,000 FEMA Emergency Operations Center, City of Ames, IA State and Local Programs Ron Paul FEMA Emergency Operations Center, City of Boerne, TX State and Local Programs $338,000 Steny Hoyer; FEMA Emergency Operations Center, City of Brawley, CA State and Local Programs FEMA Emergency Operations Center, City of Brigantine, NJ State and Local Programs FEMA Emergency Operations Center, City of Brookings, OR $425,000 State and Local Programs John Salazar $800,000 FEMA Emergency Operations Center, City of Chicago, IL Dennis Rehberg; Jon Tester State and Local Programs FEMA Emergency Operations Center, City of Commerce, CA State and Local Programs Emergency Operations Center, City of Cupertino, CA State and Local Programs Emergency Operations Center, City of Detroit, MI State and Local Programs $600,000 Tom Harkin; Latham Emergency Operations Center, City of Elk Grove, CA $250,000 Lamar Smith $500,000 Emergency Operations Center, City of Green Cove Springs, FL Bob Filner $300,000 Frank LoBiondo Emergency Operations Center, City of Greenville, NC $350,000 Peter DeFazio $1,000,000 Richard Durbin $1,000,000 Lucille Roybal-Allard $300,000 Michael Honda $1,000,000 $400,000 Carolyn Kilpatrick; John Conyers; Deb Corrine Brown $750,000 Daniel Lungren $600,000 G.K. Butterfield

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.093 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11235 ; Alcee Hastings; Bill Nelson Menendez; id e Hastings mer Vic Snyder nchez ´ n Lewis; David Scott FEMA FEMA FEMA State and Local Programs FEMA State and Local Programs FEMA State and Local Programs Emergency Operations Center, City of Hackensack, NJ FEMA State and Local Programs Emergency Operations Center, City of Hartford, CT FEMA State and Local Programs Emergency Operations Center, City of Hopewell, VA FEMA State and Local Programs Emergency Operations Center, City of La Habra, CA FEMA State and Local Programs Emergency Operations Center, City of Las Vegas, NV FEMA State and Local Programs Emergency Operations Center, City of Lauderdale Lakes, FL FEMA State and Local Programs Emergency Operations Center, City of Minneapolis, MN FEMA State and Local Programs Emergency Operations Center, City of Monterey Park, CA FEMA State and Local Programs $300,000 Frank Lautenberg; Robert Menendez Emergency Operations Center, City of Moreno Valley, CA FEMA State and Local Programs $800,000 Emergency Operations Center, City of Mount Vernon, NY FEMA John Larson State and Local Programs $250,000 Randy Forbes Emergency Operations Center, City of Newark, NJ FEMA State and Local Programs $254,500 Gary Miller Emergency Operations Center, City of North Little Rock, AR FEMA State and Local Programs $750,000 $600,000 Debbie Wasserman Schultz; Alce Shelley Berkley; Dina Titus; Harry Re Emergency Operations Center, City of Palm Coast, FL FEMA State and Local Programs Emergency Operations Center, City of Port Gibson, MS FEMA $750,000 State and Local Programs Keith Ellison; Amy Klobuchar $375,000 Emergency Operations Center, City of Scottsdale, AZ FEMA Adam Schiff; Judy Chu State and Local Programs $400,000 Emergency Operations Center, City of Sunrise, FL FEMA State and Local Programs Mary Bono Mack $1,000,000 Kristen Gillibrand; Charles Schu Emergency Operations Center, City of Tavares, FL FEMA State and Local Programs Emergency Operations Center, City of Torrington, CT FEMA State and Local Programs $900,000 $1,000,000 Blanche Lincoln; Mark Pryor; Steven Rothman Emergency Operations Center, City of Whitefish, MT FEMA State and Local Programs Emergency Operations Center, City of Whittier, CA FEMA State and Local Programs $350,000 John Mica Emergency Operations Center, City of Wichita, KS FEMA State and Local Programs $750,000 Bennie Thompson; Thad Cochran Emergency Operations Center, Columbia County, OR FEMA State and Local Programs $500,000 Harry Mitchell Emergency Operations Center, County of Union, NJ FEMA State and Local Programs $750,000 Emergency Operations Center, Dorchester County, SC FEMA State and Local Programs Debbie Wasserman Schultz; Robert Wexler $500,000 Emergency Operations Center, Fulton County (Atlanta) Management Agency, GA FEMA State and Local Programs Alan Grayson $400,000 John Larson; Christopher Murphy Emergency Operations Center, Howell County Preparedness, MO FEMA State and Local Programs $200,000 $900,000 Joh Jon Tester Emergency Operations Center, Jackson County Sheriff’s Office, MO FEMA State and Local Programs $500,000 Emergency Operations Center, Johnson County, TX FEMA State and Local Programs Linda Sa $500,000 Emergency Operations Center, Kentucky Management, KY State and Local Programs Todd Tiahrt $500,000 David Wu $250,000 Emergency Operations Center, Lake County, FL State and Local Programs Jo Ann Emerson $500,000 Emergency Operations Center, Lea County, NM Leonard Lance; Frank Lautenberg; Robert $400,000 Henry Brown; Lindsay Graham Emergency Operations Center, Lincoln County, WA $500,000 Emanuel Cleaver Emergency Operations Center, Lycoming County, PA $500,000 Harold Rogers $750,000 Chet Edwards $800,000 Corrine Brown; Cliff Stearns $600,000 $1,000,000 Harry Teague Patty Murray $250,000 Christopher Carney

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.093 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11236 CONGRESSIONAL RECORD — HOUSE October 13, 2009 n ao; Steve Scalise Rodney Alexander novich utenberg; Robert Menendez rice Pelosi l Grijalva ´ $250,000 Candice Miller; Debbie Stabenow; Carl Levin $1,000,000 Rodney Frelinghuysen $1,000,000 Rodney HOMELAND SECURITY—Continued [Congressionally Directed Spending Items] tions, MI NJ Agency Account Project Amount Requester(s) FEMA FEMA Programs Local and State FEMA FEMA State and Local Programs FEMA Emergency Operations Center, Macomb County Management and Communica- State and Local Programs FEMA State and Local Programs Emergency Operations Center, Mercer County Management Agency, KY FEMA State and Local Programs Emergency Operations Center, Middle Rio Grande Development Council, TX State and Local Programs FEMA Emergency Operations Center, Minooka Fire Protection District, IL Programs Local and State FEMA $300,000 Emergency Operations Center, Mobile County Commission, AL Ben Chandler FEMA State and Local Programs Emergency Operations Center, Monroe County, FL $1,000,000 FEMA State and Local Programs Emergency Operations Center, Morris County, New Jersey Office of Management, Ciro Rodriguez FEMA State and Local Programs Emergency Operations Center, New Orleans Medical Services, LA FEMA State and Local Programs $250,000 Emergency Operations Center, North Carolina Office of Management, NC FEMA State and Local Programs Deborah Halvorson Emergency Operations Center, North Hudson Regional Fire and Rescue, NJ FEMA State and Local Programs $800,000 Jo Bonner Emergency Operations Center, North Louisiana Regional, Lincoln Parish, LA FEMA $1,000,000 State and Local Programs David P $750,000 Anh ‘‘Joseph’’ C Emergency Operations Center, Ohio Management Agency, Columbus, OH FEMA State and Local Programs Emergency Operations Center, Passaic County Prosecutor’s Office, NJ FEMA State and Local Programs $200,000 Ileana Ros-Lehtinen $500,000 Emergency Operations Center, City of Providence, RI FEMA State and Local Programs $1,500,000 Albio Sires George Voi $980,000 Emergency Operations Center, San Francisco Department of Management, CA FEMA Mary Landrieu; State and Local Programs Emergency Operations Center, Sarasota County, FL FEMA State and Local Programs $800,000 Nancy Emergency Operations Center, Scotland County, NC FEMA State and Local Programs $250,000 Emergency Operations Center, Somerset County, ME FEMA Steven Rothman State and Local Programs Emergency Operations Center, State of Maryland, MD FEMA State and Local Programs Emergency Operations Center, City of Maitland, FL FEMA State and Local Programs Emergency Operations Center, Tohono O’odham Nation FEMA State and Local Programs $980,000 Jack Reed; James Langevin Emergency Operations Center, Towamencin Township, PA FEMA State and Local Programs Emergency Operations Center, Town of Harrison, NY FEMA State and Local Programs $300,000 Emergency Operations Center, Town of Shorter, AL Vern Buchanan FEMA State and Local Programs $650,000 Larry Kissell Emergency Operations Center, Township of Irvington, NJ State and Local Programs $500,000 Michael Michaud; Olympia Snowe $1,500,000 Emergency Operations Center, Township of Old Bridge, NJ State and Local Programs Dutch Ruppersberger; Benjamin Cardi Emergency Operations Center, Township of South Orange Village, Orange, NJ $158,000 Emergency Operations Center, Upper Darby Township Police Department, PA Suzanne Kosmas $500,000 Rau $75,000 Emergency Operations Center, Village of Elmsford, NY Allyson Schwartz $247,000 Frank La $275,000 Nita Lowey $500,000 $500,000 $750,000 Joe Sestak Mike Rogers (AL) Donald Payne $500,000 Rush Holt $165,000 Nita Lowey

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.093 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11237 rnyn; Kay Bailey Hutchison u George Voinovich hy rtha $10,125,000 Jeff Bingaman; Tom Udall and Technology, NM National Energetic Materials Research and Testing Center, New Mexico Institute of Mining National Center for Biomedical Research and Training, Louisiana State University, LA National Emergency Response and Rescue Training Center, Texas A&M University, TX National Exercise, Test, and Training Center, Nevada Test Site, NV National Disaster Preparedness Training Center, University of Hawaii, HI $10,125,000 Rodney Alexander; Mary Landrie Surface Transportation Emergency Preparedness and Response Training $10,125,000 Chet Edwards; John Carter; Co $5,000,000 $10,125,000 Daniel Inouye Harry Reid $5,000,000 Michael Bennet; John Salazar FEMA FEMA FEMA State and Local Programs FEMA State and Local Programs FEMA State and Local Programs Emergency Operations Center, Washington Parish Government, LA State and Local Programs Emergency Operations Center, Westmoreland County Department of Public Safety, PA State and Local Programs Emergency Operations Center, Williamsburg County, SC Emergency Operations Center, Winston County Commission, AL $900,000 FEMA John Mu National Domestic Preparedness Consortium: FEMA $350,000 FEMA State and Local Programs Steve Scalise FEMA State and Local Programs FEMA Predisaster Mitigation FEMA Counterterrorism and Cybercrime Center, Norwich University, Northfield, VT Predisaster Mitigation $1,000,000 $20,000 James Clyburn Robert Aderholt FEMA Rural Domestic Preparedness Consortium, Eastern Kentucky University, KY Predisaster Mitigation FEMA Predisaster Mitigation Alabama Emergency Management Agency, AL FEMA Predisaster Mitigation $1,700,000 Arkansas Department of Emergency Management, AR Patrick Lea FEMA Predisaster Mitigation Arkansas State University-Beebe, AR $3,000,000 FEMA Harold Rogers; Predisaster Mitigation Brigham City Corporation, UT FEMA Predisaster Mitigation CHRISTUS St. Elizabeth Hospital, Beaumont, TX FEMA Predisaster Mitigation City of Brooksville, KY FEMA Predisaster Mitigation City of Burbank, CA FEMA Predisaster Mitigation City of Camanche, IA FEMA Predisaster Mitigation City of Coconut Creek, FL FEMA Predisaster Mitigation $750,000 $200,000 Marion Berry City of Colton, CA Spencer Bachus FEMA Predisaster Mitigation City of Davis, CA FEMA Predisaster Mitigation City of Emeryville, CA FEMA Predisaster Mitigation City of Flagler Beach, FL $452,000 FEMA $250,000 Predisaster Mitigation Vic Snyder Ted Poe; Kay Bailey Hutchison City of Hartselle, AL FEMA Predisaster Mitigation City of Hidalgo, TX FEMA $250,000 Predisaster Mitigation Rob Bishop; Robert Bennett; Orrin Hatch City of Hokah, MN FEMA Predisaster Mitigation City of Kannapolis, NC FEMA Predisaster Mitigation City of Los Angeles, CA Predisaster Mitigation $18,500 City of Los Angeles, CA Geoff Davis Predisaster Mitigation $225,000 City of Maryville, MO Adam Schiff $187,500 $500,000 Bruce Braley City of Miami Beach, FL Ron Klein; Robert Wexler City of Miami, FL City of New Braunfels, TX $200,000 Joe Baca $275,000 $600,000 Mike Thompson Barbara Lee $750,000 John Mica $245,000 Robert Aderholt $500,000 Henry Cuellar $590,000 $425,000 Timothy Walz; Amy Klobuchar Howard Coble; Larry Kissell $1,000,000 Lucille Roybal-Allard $500,000 Brad Sherman $175,000 Sam Graves $750,000 Debbie Wasserman Schultz $500,000 Lamar Smith; Kay Bailey Hutchison $600,000 Kendrick Meek; Ileana Ros-Lehtinen

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.093 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11238 CONGRESSIONAL RECORD — HOUSE October 13, 2009 t, Ileana Ros-Lehtinen n ´ HOMELAND SECURITY—Continued [Congressionally Directed Spending Items] Agency Account Project Amount Requester(s) FEMA FEMA FEMA Predisaster Mitigation FEMA Predisaster Mitigation FEMA Predisaster Mitigation FEMA Predisaster Mitigation City of Prattville, AL FEMA Predisaster Mitigation City of Reno, NV FEMA Predisaster Mitigation City of Robstown, TX FEMA Predisaster Mitigation City of Rockville, MD FEMA Predisaster Mitigation City of Santa Clarita, CA FEMA Predisaster Mitigation City of Trenton, NJ FEMA Predisaster Mitigation City of Venice, FL FEMA Predisaster Mitigation DeKalb County, IL FEMA Predisaster Mitigation Drew County, AR FEMA Predisaster Mitigation Harris County Flood Control District, TX FEMA Predisaster Mitigation Henry County, GA FEMA Predisaster Mitigation Jackson Health System, Miami, FL FEMA Predisaster Mitigation Kentucky Emergency Management, KY FEMA Predisaster Mitigation $500,000 Bobby Bright King County, WA FEMA Predisaster Mitigation Lake County Stormwater Management Agency, OH $500,000 FEMA $500,000 Dean Heller; Harry Reid Predisaster Mitigation Solomon Ortiz Lorain County, OH FEMA $650,000 Predisaster Mitigation Chris Van Hollen; Benjamin Cardin $500,000 Louisville-Metro Government, KY Howard ‘‘Buck’’ McKeon FEMA Predisaster Mitigation Lucas County Engineer, OH FEMA Predisaster Mitigation $300,000 McDowell Hospital, Marion, NC Rush Holt; Christopher Smith; Frank Lautenberg; Robert Menendez $1,000,000 FEMA Predisaster Mitigation John Culberson $200,000 Mississippi Homeland Security Office, MS Vern Buchanan FEMA Predisaster Mitigation $350,000 North Carolina Office of Emergency Management, NC Donald Manzullo FEMA Predisaster Mitigation Ohio University, Athens, OH $366,564 $500,000 FEMA Mike Ross Predisaster Mitigation Debbie Wasserman Schultz, Kendrick Meek, Mario Diaz-Balar $500,000 $725,000 Orange County Fire Authority, CA Harold Rogers Steven LaTourette FEMA Predisaster Mitigation Russell County Fiscal Court, KY $275,000 David Scott FEMA Predisaster Mitigation San Miguel County, NM Predisaster Mitigation Shelby County, Memphis, TN Predisaster Mitigation State of Maryland, MD $750,000 David Reichert; Patty Murray $500,000 John Yarmuth Town of Hambleton and Davis, WV $165,000 David Price $200,000 Town of Occoquan, VA $500,000 Betty Sutton $500,000 Bennie Thompson Marcy Kaptur $220,000 Town of Shelter Island, NY Heath Shuler $200,000 $252,000 Charles Wilson Ken Calvert $200,000 Ed Whitfield $450,000 $400,000 Alan Mollohan $325,000 Ben Luja Steve Cohen; Lamar Alexander; Bob Corker $1,000,000 Dutch Ruppersberger; Benjamin Cardin $25,000 $200,000 Gerry Connolly Timothy Bishop

VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.093 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11239 $500,000 Daniel Maffei; Christopher Lee $3,000,000 Robert Bennett; Patrick Leahy; Rob Bishop $1,000,000 Steve Israel; Peter King tions Technology, NY Technology, NY Cincinnati Urban Area partnership, OH Distributed Environment for Critical Infrastructure Decisionmaking Exercises, multiple loca- Homeland Security Research, Development, and Manufacturing Pilot, Long Island Forum for Maritime Domain Awareness and Security Technology Pilot, SRI International, FL $4,000,000 C.W. ‘‘Bill’’ Young National Institute for Hometown Security, KY Remote Sensing for Situational Awareness and Decision Support, Rochester Institute of Southeast Region Research Initiative, TN $2,000,000 George Voinovich $10,000,000 Harold Rogers $20,865,000 Thad Cochran; Roger Wicker; Gregg Harper Operations Operations Operations Operations Operations Operations Operations General Provision General Provision General Provision General Provision General Provision Franklin Regional Council of Governments, MA General Provision Town of Lanesborough, MA Office of Environmental Health and Safety, University Massachusetts, MA Town of Branchville, SC Monterey County Water Resources Agency, CA Sector Buffalo, NY, Coast Guard John Olver John Olver John Olver Sam Farr James Clyburn Brian Higgins FEMA FEMA Predisaster Mitigation FEMA Predisaster Mitigation FEMA Predisaster Mitigation FEMA Predisaster Mitigation S&T Town of Union and City Binghamton, NY Predisaster Mitigation Town of Winthrop, MA S&T Research, Development, Acquisition, and Village of La Grange Park, IL S&T Village of Pelham, NY Research, Development, Acquisition, and Westport Fire Department, CT S&T Research, Development, Acquisition, and S&T Research, Development, Acquisition, and S&T Research, Development, Acquisition, and S&T $462,000 Maurice Hinchey Research, Development, Acquisition, and Research, Development, Acquisition, and $150,000 $500,000 Daniel Lipinski Edward Markey $265,000 $562,500 James Himes Nita Lowey

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FUNDING RECOMMENDATIONS (In thousands of dollars) Conference agreement The conference agreement’s detailed fund- New budget (obligational) compared with: ing recommendations for programs are con- authority, fiscal year New budget tained in the table listed below. 2009 ...... $44,367,748 (obligational) authority, fiscal year 2009 ...... ¥230,507 Budget estimates of new CONFERENCE TOTAL—WITH COMPARISONS Budget estimates of new (obligational) authority, The total new budget (obligational) au- (obligational) author- fiscal year 2010 ...... 44,190,938 thority for the fiscal year 2010 recommended ity, fiscal year 2010 ...... ¥53,697 by the Committee of Conference, with com- House bill, fiscal year 2010 43,978,245 House bill, fiscal year parisons to the fiscal year 2009 amount, the Senate bill, fiscal year 2010 44,287,748 2010 ...... +158,996 2010 budget estimates, and the House and Conference agreement, fis- Senate bill, fiscal year Senate bills for 2010 follow: cal year 2010 ...... 44,137,241 2010 ...... ¥150,507

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VerDate Nov 24 2008 03:26 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.094 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE Insert offset folio 512/310 here EH13OC09.016 October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11257 DAVID R. OBEY, which have not been any part of a pat- As a cosponsor of this important DAVID E. PRICE, tern of abuse of credit cards, were inad- change which will simply ensure that JOSE´ E. SERRANO, vertently swept into this. the 21-day requirement only applies to CIRO D. RODRIGUEZ, The gentleman from Vermont (Mr. credit card accounts, I urge immediate C. A. DUTCH WELCH) and the gentleman from Mis- passage of H.R. 3606. RUPPERSBERGER, souri (Mr. SKELTON) called this to the I reserve the balance of my time. ALAN B. MOLLOHAN, NITA M. LOWEY, attention of the committee, as did the Mr. FRANK of Massachusetts. I yield LUCILLE ROYBAL-ALLARD, National Credit Union Administration 4 minutes to the gentleman from SAM FARR, and the Credit Union National Associa- Vermont, the lead author of this bill, STEVEN R. ROTHMAN, tion; the latter, of course, being the Mr. WELCH. Managers on the Part of the House. private association of credit unions, Mr. WELCH. I thank the gentleman from Massachusetts (Mr. FRANK) and ROBERT C. BYRD, the former being the administrative DANIEL K. INOUYE, agency. They asked us to fix it. They my colleague. I thank the gentleman PATRICK J. LEAHY were quite correct. from New York (Mr. LEE) and Mr. (with a reservation Credit unions are a very important SKELTON. on the EB–5 agree- part of the structure of this country You know, Mr. Speaker, one of the ment), and it serves our consumers. And so things the American people have a BARBARA A. MIKULSKI, this bill would correct that error and right to expect of us in Congress is that PATTY MURRAY, allow the credit unions to continue to when we pass legislation, we step back MARY L. LANDRIEU, perform their function. after its passage and listen to the peo- FRANK R. LAUTENBERG, ple affected by it to see if there are JON TESTER, I reserve the balance of my time. ARLEN SPECTER, Mr. LEE of New York. Mr. Speaker, I some mistakes that we made that need GEORGE V. VOINOVICH, yield myself such time as I may con- correction, and in this case, there is a THAD COCHRAN, sume. mistake. Mr. LEE just outlined what it JUDD GREGG, I rise today in support of H.R. 3606, is and the chairman did the same. RICHARD C. SHELBY, the Credit CARD Technical Corrections I think a number of us, including Mr. SAM BROWNBACK, Act of 2009, and appreciate my friend SKELTON, when we were home, heard LISA MURKOWSKI, from Vermont (Mr. WELCH) for his lead- from our credit card companies as to Managers on the Part of the Senate. ership in bringing this important meas- the over-inclusive nature of the legisla- f ure to the floor. tion that would adversely affect the Earlier this year, Congress enacted CREDIT CARD TECHNICAL good work that they’re doing. The the Credit Card Accountability, Re- CORRECTIONS ACT OF 2009 CARD Act, as you know, had a number sponsibility, and Disclosure Act in of very good provisions, including the Mr. FRANK of Massachusetts. Mr. order to provide consumers with more 21-day notice requirement. That’s in- Speaker, I move to suspend the rules transparency regarding their credit tended to make sure that financial in- and pass the bill (H.R. 3606) to amend card accounts and protect them from stitutions give individuals enough time the Truth in Lending Act to make a potential predatory practices, includ- to pay a bill, and it established a min- technical correction to an amendment ing unwarranted rate increases on ex- imum level of fairness. But for credit made by the Credit CARD Act of 2009. isting balances and short-cycle billing. unions and their members, this change The Clerk read the title of the bill. One important provision of this new would actually have made things more The text of the bill is as follows: law required that financial institutions difficult. H.R. 3606 deliver credit card statements to cus- Credit unions use consolidated state- Be it enacted by the Senate and House of Rep- tomers no later than 21 days before the ments, so home loans, auto loans, sav- resentatives of the United States of America in payment due date. ings accounts, checking accounts, and Congress assembled, Unfortunately, between the time credit card bills are all in one package, SECTION 1. SHORT TITLE. when the House passed the CARD Act and that’s for the convenience of the This Act may be cited as the ‘‘Credit and when it was signed into law, a consumer, not to create confusion for CARD Technical Corrections Act of 2009’’. change was made to suggest that this the consumer. This is the model, in SEC. 2. TECHNICAL CORRECTION. new requirement should be applied to fact, of how the system should work. Section 163(a) of the Truth in Lending Act all open-ended loan accounts, including It’s straightforward and transparent. (U.S.C. 1666b(a)), as amended by section home equity lines of credit, rather The 21-day notice requirement would 106(b) of the Credit Card Accountability Re- than just to credit card accounts. have had an unintended impact of responsibility and Disclosure Act of 2009, is This is especially problematic for quiring credit unions to split up those amended by inserting ‘‘a credit card account credit unions who offer their members consolidated statements and transform under’’ after ‘‘payment on’’. monthly consolidated statements cov- transparency into confusion. This The SPEAKER pro tempore. Pursu- ering all loan accounts, the flexibility wouldn’t help consumers and, obvi- ant to the rule, the gentleman from of determining their payment dates, ously, wouldn’t add to transparency. Massachusetts (Mr. FRANK) and the and the convenience of payroll deduc- So the bill that has the support of Mr. gentleman from New York (Mr. LEE) tions. Because these services will in SKELTON and Mr. LEE and myself would each will control 20 minutes. many cases violate the new 21-day rule, clarify the intention of the CARD Act The Chair recognizes the gentleman financial institutions will be forced to and allow credit unions to continue the from Massachusetts. discontinue these important benefits to very commonsense and, I think, con- Mr. FRANK of Massachusetts. Mr. customers. sumer-friendly approach of sending Speaker, I yield myself such time as I In addition, if left as-is, the resources their customers a single statement may consume. We made an error, Con- needed to comply with these new rules every month. gress did, when we passed the credit will no doubt force institutions to pass Mr. LEE of New York. Mr. Speaker, I card bill, not in passing the bill. The on increased costs to consumers have no further requests for time and only error we made there was we didn’t through higher loan fees and interest yield back the balance of my time. make it go into effect immediately be- rates and not to mention the confusion GENERAL LEAVE cause the abusive behavior by the cred- many will face, all from a law that was Mr. FRANK of Massachusetts. Mr. it card companies has been even worse intended originally for their benefit. Speaker, first I would ask unanimous than some people have feared, and I This is clearly an unintended con- consent that all Members have 5 legis- hope we will soon be trying to move up sequence that needs to be rectified im- lative days in which to revise and ex- that effective date. But there was a mediately. The legislation before us tend their remarks and submit extra- drafting error in which the restrictions right now will correct this and ensure neous material both on this bill, H.R. applied not just to credit cards if you that credit unions and community 3606, and the preceding bill, H.R. 1327. read the bill literally, as you have to, banks can continue to offer quality The SPEAKER pro tempore. Is there with the bill, but all open-end credit service to their members and cus- objection to the request of the gen- agreements. Credit unions in America, tomers. tleman from Massachusetts?

VerDate Nov 24 2008 03:40 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.095 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11258 CONGRESSIONAL RECORD — HOUSE October 13, 2009 There was no objection. concerned when they receive multiple state- NATIONAL CREDIT UNION Mr. FRANK of Massachusetts. Fi- ments from their credit union, depending on ADMINISTRATION, nally, Mr. Speaker, this has been well- how many loans they have outstanding. Alexandria, VA, September 22, 2009. covered by the two Members, the gen- Credit union relationships with their mem- Hon. BARNEY FRANK, bers will suffer, all in an effort to comply Chairman, House Committee on Financial Serv- tleman from Vermont (Mr. WELCH) and ices, Rayburn House Office Building, Wash- the gentleman from New York (Mr. with an unintended application of a law that is intended to benefit consumers. ington, DC. LEE), who have been major movers in DEAR CHAIRMAN FRANK: I appreciate the it. I would just ask, although we have CREDIT UNION MEMBERS MAY NO LONGER BE opportunity to offer comments to you and general leave, I would note that I am ABLE TO CHOOSE THEIR PAYMENT DATE your staff regarding credit union industry concerns about the Credit Card Account- inserting in the RECORD a letter from For certain loans, particularly vehicle ability Responsibility and Disclosure Act of the National Credit Union Administra- loans, credit union members are often per- 2009 (Credit CARD Act). More specifically, tion, a letter from the Credit Union mitted to choose the due date to best suit industry leaders tell me that the 21-day National Association, both asking for their financial needs; for example, members statement requirement (12 CFR this, and then two documents which I may choose due dates that coincide with pay 226.5(b)(2)(ii)) has resulted in unintended con- hope will give people some sense of how days or to avoid other payment due dates. sequences and is proving burdensome for this institution works at its best. This practice will have to be discontinued if credit unions, and their service providers, re- the member-chosen date no longer complies garding non-credit card open-end lending. CREDIT UNION NATIONAL ASSOCIATION, with the new 21-day requirement. Changing Washington, DC, October 7, 2009. Historically, credit unions have worked the express choice by members would not be closely with individual members to create Hon. BARNEY FRANK, consumer-friendly, and members will not un- Chairman, Committee on Financial Services, loan repayment plans that are most bene- derstand that a Federal law requires this ac- ficial to that member. For example, a mem- U.S. House of Representatives, Washington, tion. DC. ber could elect to establish multiple pay- Hon. SPENCER BACHUS, Additionally, many credit unions provide ments within a month instead of one month- Ranking Member, Committee on Financial Serv- their members with the convenience of auto- ly payment. Generally, members use this ices, U.S. House of Representatives, Wash- mated payments, in which payments are type of payment arrangement to match their ington, DC. automatically withdrawn from the credit payroll distribution and to reduce their over- DEAR CHAIRMAN FRANK AND RANKING MEM- union account on a certain date. Again, this all loan interest costs. I am advised that BER BACHUS: On behalf of the Credit Union may often be chosen by the member, who such arrangements will be difficult to con- National Association (CUNA), I am writing may choose a date that is related to when he tinue given the 21-day statement require- regarding a specific issue that credit unions or she receives a paycheck. This may now ment. are experiencing with respect to the re- need to be changed based on the new 21-day These leaders have also brought to my at- cently-enacted Credit Card Accountability, requirement, imposing hardship and incon- tention the increasing costs associated with Responsibility and Disclosure (CARD) Act. venience if the new date no longer coincides modifying their processing systems to reach CUNA is the nation’s largest credit union ad- with the receipt of a paycheck. compliance with the Credit CARD Act and vocacy organization, representing approxi- the Federal Reserve’s interim final rule im- mately 90% of America’s 8,000 state and fed- BI-WEEKLY PAYMENTS ARE NO LONGER plementing the Credit CARD Act require- eral credit unions and their 92 million mem- PERMITTED ments. These additional costs will most likely be borne by the credit union members, a bers. Many loans are structured so that pay- Credit unions are currently reeling from an difficult burden which seems to conflict with ments are made bi-weekly, which serve to unintended consequence of the CARD Act. the intent of the statute. minimize the amount of interest that is Section 106 of the CARD Act prohibits credi- ‘‘Member choice’’ payment dates provide charged, as compared to loans in which pay- tors from treating payments as being late members with maximum flexibility in man- ments are made monthly. These loans are unless the creditor adopts reasonable proce- aging their finances. It is my hope that this often repaid through payroll deduction. If bi- dures to ensure that periodic statements are option will continue unhindered. I am avail- weekly programs are no longer permitted mailed or delivered to the consumer no later able for discussions with you and your staff under the new 21-day requirement, the result than 21 days before the payment due date. to ensure that member service is not ad- will be that these members will pay addi- We believe this provision was intended to versely impacted by unintended con- tional interest and may no longer have the cover only credit card accounts; however, sequences of the Credit CARD Act. I also the provision, as enacted, applies to all open- benefit and convenience of payroll deduc- look forward to discussions on how member end loans, including general lines of credit, tion. protections can be enhanced without imposing unnecessary costs and burden to credit lines of credit associated with share draft HELOC TERMS AND CONDITIONS MUST BE unions or their members. and checking accounts, signature loans, and CHANGED home equity lines of credit (HELOCs) as well Thank you for any consideration you can as multi-featured, open-end lending pro- The 21-day requirement will also apply to give to this important credit union issue. grams. HELOCs, the terms of which cannot be easily Sincerely, DEBORAH MATZ, CONSOLIDATED BILLING MAY CEASE, INCREASING changed. Regulation Z lists exceptions for Chairman. COSTS FOR CREDIT UNIONS MEMBERS changing terms of HELOCs and although the Most credit unions provide monthly con- Regulation Z commentary permits changing b 1600 solidated membership statements that com- the due date, we note that the due date is often a contractual term, which adds to the On August 27, the Missouri Credit bine information on a member’s savings, Union Association wrote to our col- checking, and loan accounts, other than for difficulty of complying with these new re- league from Missouri (Mr. SKELTON) to credit cards. Since these statements may in- quirements. clude a number of open-end credit plans with urge him to act on this. A TECHNICAL CORRECTION IS NECESSARY AND Today, about a month and a half different due dates, changing these due dates APPROPRIATE to comply with the 21-day requirement may later, I have the privilege of intro- lead credit unions to discontinue the use of To address these concerns, Representative ducing into the RECORD the remarks consolidated statements or send statements Peter Welch (D–VT) has introduced legisla- from Mr. SKELTON in favor of this bill. for each loan in addition to the consolidated tion, H.R. 3606, the CARD Act Technical Cor- Mr. SKELTON had to go off to a previous one. rections Act. This legislation very simply in- engagement. The alternative is to send separate state- serts the words, ‘‘a credit card account So we have the Missouri Credit Union ments for each loan. This will greatly in- under’’ to Section 106 of the CARD Act. Association. And, Mr. Speaker, I know crease both processing and mailing costs (in These words were included in the House- addition to the environmental impact), passed version of the CARD Act, and we be- that is an organization that you work which credit unions have estimated will be lieve the effect of their omission in the en- with as well. On August 27, they $1–$2.25 per month per loan. Notwithstanding acted version of the legislation was unin- brought a problem to the attention to the additional costs, we are also very con- tended. We hope the Committee will agree their Member of Congress, and a month cerned that some credit unions currently do that a technical correction is appropriate and a half later he has the ability to not have the capacity to print and mail and will support passage of technical correc- talk about how we are resolving it. It these increased number of statements in tions legislation as quickly as possibly. also was, I think, a similar process order to meet the rule’s timing requirements. Not only will credit unions need to On behalf of America’s credit unions, with the gentleman from New York pass on these costs to their members in the thank you very much for your consideration. and the gentleman from Vermont. form of higher loan rates, lower deposit Sincerely, So this is an example of how, in a bi- rates, or higher fees elsewhere, but credit DANIEL A. MICA, partisan way, when we hear from re- union members will be very confused and President & CEO. sponsible people in the community

VerDate Nov 24 2008 05:18 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.043 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11259 about things that need to be done that requirement that the account holder receive the credit extended without incurring an ad- could be done quickly, we could do a 21-day notice prior to payment due dates ditional finance charge, such additional fi- them. (§ 106(b)) becomes problematic for the credit nance charge may not be imposed with re- Mr. SKELTON. Mr. Speaker, during the Au- union when the member has requested any- spect to such portion of the credit extended thing other than monthly payments. for the billing cycle of which such period is gust District Work Period, I traveled exten- When payment schedules occur more than a part, unless a statement which includes sively throughout Missouri’s Fourth Congres- monthly, we are not finding a reasonable so- the amount upon which the finance charge sional district, meeting with residents who lution that meets the 21-day notice require- for the period is based was mailed or deliv- were eager to share their views on a variety ment of the law. Credit unions report to our ered to the consumer not later than 21 days of Federal matters. In separate visits with Mis- association that there are significant issues before the date specified in the statement by souri credit union officials and small town Mis- with data processors in complying with the which payment must be made in order to souri bankers, the state of the economy and new law. One of Missouri’s smaller credit avoid imposition of that finance charge. unions with $19 million in assets has approxi- Congress’ efforts to make financial services (2) Effective date.—Notwithstanding sec- mately 1,800 open-end loans that are not tion 3, section 163 of the Truth in Lending more responsive to every day citizens were credit card accounts. Making the necessary Act, as amended by this subsection, shall be- top priorities for discussion. changes to comply with the Act will mean come effective 90 days after the date of en- Earlier this year, Congress passed and the additional ongoing expense. There would be actment of this Act. President signed into law the Credit Card Ac- additional costs for multiple mailings in- The 21-day notice period became law on countability, Responsibility, and Disclosure cluding postage and staff time. If the credit August 20. On behalf of Missouri’s 148 credit Act, bipartisan legislation to make credit card union incurs additional costs to comply with unions and their 1.3 million members, we are agreements more customer friendly. I sup- the CARD Act, those increases will be passed asking for your help in supporting a legisla- ported this measure and am pleased it has on to our member consumers. We are also tive solution. If we can assist with additional concerned that it will cause our members information on this issue, please contact me. become the law of the land. considerable confusion if they begin to re- Other contacts at the Missouri Credit Union But, when I met with credit union officials in ceive multiple notices every month. Many Association regarding this issue are Peggy August, they brought to my attention a tech- credit unions will be impacted to the extent Nalls or Amy McLard. nical error in the law that is making it difficult that they will have to offer only closed-end Sincerely, for them to provide lines of credit to some of loans, which eliminates the convenience and ROSHARA J. HOLUB, their members. flexibility that members need and prefer. President/CEO. When I returned to Washington in Sep- If credit unions adjust all open-end credit Mr. Frank of Massachusetts. With tember, I immediately brought the credit plans to only allow one payment per month, we have taken options away from consumers that, I yield back the balance of my unions’ concerns to the attention of Financial that help them better manage their money. time. Services Committee Chairman BARNEY FRANK. We believe that the intent of the CARD Act The SPEAKER pro tempore. The And, at the same time, my colleague from is to protect consumers and avoid confusing question is on the motion offered by Vermont, Congressman PETER WELCH, drafted disclosures and abusive practices relative to the gentleman from Massachusetts responsible legislation—which we are consid- credit card open-end programs. We do not be- (Mr. FRANK) that the House suspend ering here in the House today—to correct this lieve that the intent was to disadvantage the rules and pass the bill, H.R. 3606. technical error so that credit unions can con- members and increase their costs to access The question was taken; and (two- tinue offering open-end credit plans that are open-end programs. Section 106(b) is the only place in the Act thirds being in the affirmative) the popular with many of their members. where the wording ‘‘open end credit’’ is used rules were suspended and the bill was Chairman FRANK, Mr. WELCH, and their to broadly apply beyond credit card pro- passed. staffs have worked diligently to fix this problem grams. During our meeting, we provided you for America’s credit unions. I am pleased that with suggested language that would correct f they have moved this bill so quickly through this inconsistency. It is provided below. The RECESS the legislative process. I urge my colleagues words in italics are currently in the bill. The to support Mr. WELCH’s legislation and hope bold wording in brackets is the suggested re- The SPEAKER pro tempore. Pursu- the other body will act to pass it soon. placement. ant to clause 12(a) of rule I, the Chair SEC. 106. RULES REGARDING PERIODIC MISSOURI CREDIT UNION ASSOCIATION, declares the House in recess until ap- STATEMENTS. St. Louis, MO, August 27, 2009. proximately 6:30 today. Hon. IKE SKELTON, (a) In General.—Section 127 of the Truth in Accordingly (at 4 o’clock and 1 Rayburn Building, Lending Act (15 U.S.C. 1637) is amended by minute p.m.), the House stood in recess Washington, DC. adding at the end the following: until approximately 6:30 p.m. DEAR REPRESENTATIVE SKELTON: Thank (o) Due Dates for Credit Card Accounts— you for taking time out of your busy sched- (1) In general.—The payment due date for a f ule to meet with Missouri credit unions this credit card account under an open end con- month in the district. As discussed, Missouri sumer credit plan shall be the same day each b 1830 credit unions are extremely concerned about month. unintended consequences created by the (2) Weekend or holiday due dates.—If the AFTER RECESS payment due date for a credit card account Credit Card Accountability, Responsibility The recess having expired, the House and Disclosure (CARD) Act of 2009, and the under an open end consumer credit plan is a serious implications for consumers in our day on which the creditor does not receive or was called to order by the Speaker pro state. We are asking for your help and sup- accept payments by mail (including week- tempore (Mrs. DAHLKEMPER) at 6 port in a legislative solution. ends and holidays), the creditor may not o’clock and 30 minutes p.m. Credit unions did not participate in the treat a payment received on the next busi- consumer abuses regarding credit cards that ness day as late for any purpose. f prompted passage of the CARD Act of 2009, (b) Length of Billing Period.— (1) In general.—Section 163 of the Truth in ANNOUNCEMENT BY THE SPEAKER and do not have an issue with complying Lending Act (15 U.S.C. 1666b) is amended to with the provisions of the CARD Act that re- PRO TEMPORE read as follows: late specifically to credit card accounts. The SPEAKER pro tempore. Pursu- However, sections of the Act applying to SEC. 163. TIMING OF PAYMENTS. ant to clause 8 of rule XX, proceedings open-end credit plans do affect credit unions (a) Time to Make Payments.—A creditor will resume on motions to suspend the and will disadvantage credit union members. may not treat a payment on an open end con- Credit unions, working with their members, sumer credit plan [replace italicized wording rules previously postponed. often set up open-end credit plans because of with: ‘‘payment on a credit card account Votes will be taken in the following the flexibility it provides to members in under an open-end consumer credit plan’’] as order: managing their credit and adding future late for any purpose, unless the creditor has H.R. 3689, by the yeas and nays; loans. adopted reasonable procedures designed to H.R. 3476, by the yeas and nays; It is common for members who live pay- ensure that each periodic statement includ- H. Res. 659, by the yeas and nays. check to paycheck, or have trouble man- ing the information required by section Votes on H. Res. 768 and H.R. 1327 aging their money, to request a payment 127(b) is mailed or delivered to the consumer will be taken later in the week. plan that has funds deducted from their not later than 21 days before the payment checking account or payroll direct deposit due date. The first electronic vote will be con- that is credited to their loan. They may (b) Grace Period.—If an open end consumer ducted as a 15-minute vote. Remaining choose to have funds credited weekly, every credit plan provides a time period within electronic votes will be conducted as 5- two weeks, or twice a month. The CARD Act which an obligor may repay any portion of minute votes.

VerDate Nov 24 2008 05:18 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.044 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11260 CONGRESSIONAL RECORD — HOUSE October 13, 2009 EXTENDING AUTHORITY TO BUILD Lucas Olver Shuler REAUTHORIZING DELAWARE VIETNAM VETERANS MEMORIAL Luetkemeyer Ortiz Shuster WATER GAP NATIONAL RECRE- Luja´ n Pallone Simpson VISITOR CENTER Lummis Pascrell Skelton ATION AREA CITIZEN ADVISORY COMMISSION The SPEAKER pro tempore. The un- Lungren, Daniel Pastor (AZ) Slaughter E. Paul Smith (NE) The SPEAKER pro tempore. The un- finished business is the vote on the mo- Lynch Paulsen Smith (NJ) tion to suspend the rules and pass the Mack Payne Smith (TX) finished business is the vote on the mo- bill, H.R. 3689, on which the yeas and Maffei Pence Smith (WA) tion to suspend the rules and pass the nays were ordered. Manzullo Perlmutter Snyder bill, H.R. 3476, on which the yeas and Marchant Perriello Souder nays were ordered. The Clerk read the title of the bill. Markey (CO) Peters Space The SPEAKER pro tempore. The Markey (MA) Peterson Speier The Clerk read the title of the bill. question is on the motion offered by Marshall Petri Spratt The SPEAKER pro tempore. The the gentleman from the Northern Mar- Massa Pingree (ME) Stark question is on the motion offered by Matsui Pitts Stearns the gentleman from the Northern Mar- iana Islands (Mr. SABLAN) that the McCarthy (CA) Poe (TX) Stupak iana Islands (Mr. SABLAN) that the House suspend the rules and pass the McCarthy (NY) Polis (CO) Sullivan bill, H.R. 3689. McCaul Posey Sutton House suspend the rules and pass the The vote was taken by electronic de- McClintock Price (GA) Tanner bill, H.R. 3476. McCollum Price (NC) Teague This is a 5-minute vote. vice, and there were—yeas 390, nays 0, McCotter Quigley Terry not voting 42, as follows: The vote was taken by electronic de- McDermott Rahall Thompson (CA) vice, and there were—yeas 384, nays 1, [Roll No. 772] McGovern Rangel Thompson (MS) McHenry Rehberg Thompson (PA) not voting 47, as follows: YEAS—390 McIntyre Reichert Tiahrt [Roll No. 773] Ackerman Cole Harper McKeon Reyes Tiberi YEAS—384 Aderholt Conaway Hastings (FL) McMahon Richardson Tierney Adler (NJ) Connolly (VA) Hastings (WA) McMorris Rodriguez Titus Ackerman Cohen Hare Akin Cooper Heinrich Rodgers Roe (TN) Tonko Aderholt Cole Harper Alexander Costa Heller McNerney Rogers (AL) Towns Adler (NJ) Conaway Hastings (FL) Altmire Courtney Hensarling Meek (FL) Rogers (KY) Tsongas Akin Connolly (VA) Hastings (WA) Andrews Crenshaw Herger Meeks (NY) Rooney Turner Alexander Cooper Heinrich Altmire Costa Heller Arcuri Crowley Herseth Sandlin Melancon Ros-Lehtinen Upton Andrews Courtney Hensarling Baca Culberson Higgins Mica Ross Van Hollen Arcuri Crenshaw Herger Bachmann Cummings Hill Michaud Rothman (NJ) Vela´ zquez Bachus Dahlkemper Himes Baca Crowley Herseth Sandlin Miller (MI) Roybal-Allard Visclosky Bachmann Culberson Higgins Baird Davis (CA) Hinchey Miller (NC) Royce Walden Baldwin Davis (IL) Hinojosa Bachus Cummings Hill Miller, Gary Ruppersberger Walz Barrow Davis (KY) Hirono Baird Dahlkemper Himes Miller, George Ryan (OH) Wasserman Bartlett Davis (TN) Hodes Baldwin Davis (CA) Hinchey Ryan (WI) Schultz Barton (TX) Deal (GA) Holden Minnick Barrow Davis (IL) Hinojosa Becerra DeFazio Holt Mitchell Salazar Waters Bartlett Davis (KY) Hirono Berkley DeGette Honda Mollohan Sarbanes Watson Barton (TX) Davis (TN) Hodes Berman Delahunt Hoyer Moore (KS) Scalise Watt Berkley Deal (GA) Holden Berry DeLauro Hunter Moore (WI) Schakowsky Waxman Berman DeFazio Holt Biggert Dent Inglis Moran (VA) Schauer Weiner Berry DeGette Honda Bilbray Diaz-Balart, M. Inslee Murphy (CT) Schiff Welch Biggert Delahunt Hoyer Bilirakis Dicks Israel Murphy (NY) Schmidt Westmoreland Bilbray DeLauro Hunter Bishop (GA) Dingell Issa Murphy, Patrick Schock Whitfield Bilirakis Dent Inglis Bishop (NY) Doggett Jackson (IL) Murphy, Tim Schrader Wilson (OH) Bishop (GA) Diaz-Balart, M. Inslee Bishop (NY) Dicks Israel Bishop (UT) Donnelly (IN) Jackson-Lee Murtha Schwartz Wilson (SC) Bishop (UT) Dingell Issa Blackburn Doyle (TX) Myrick Scott (GA) Wittman Blackburn Doggett Jackson (IL) Blumenauer Dreier Jenkins Nadler (NY) Scott (VA) Wolf Boccieri Driehaus Johnson (GA) Blumenauer Donnelly (IN) Jackson-Lee Napolitano Sensenbrenner Woolsey Boccieri Doyle (TX) Boehner Duncan Johnson (IL) Neugebauer Serrano Wu Bono Mack Edwards (MD) Boehner Dreier Jenkins Johnson, E. B. Nunes Sessions Yarmuth Boozman Edwards (TX) Johnson, Sam Bono Mack Driehaus Johnson (GA) Nye Sestak Young (AK) Boren Ehlers Jones Boozman Duncan Johnson (IL) Oberstar Shadegg Young (FL) Boswell Ellison Jordan (OH) Boren Edwards (MD) Johnson, E. B. Boucher Ellsworth Kagen Obey Shea-Porter Boswell Edwards (TX) Johnson, Sam Boustany Emerson Kanjorski Olson Sherman Boucher Ehlers Jones Boyd Eshoo Kaptur Boustany Ellison Jordan (OH) Brady (PA) Etheridge Kennedy NOT VOTING—42 Boyd Ellsworth Kagen Brady (PA) Emerson Kanjorski Brady (TX) Fallin Kildee Abercrombie Davis (AL) Radanovich Braley (IA) Farr Kilpatrick (MI) Brady (TX) Eshoo Kaptur Austria Diaz-Balart, L. Rogers (MI) Braley (IA) Etheridge Kennedy Bright Fattah Kilroy Barrett (SC) Engel Rohrabacher Broun (GA) Filner Kind Bright Fallin Kildee Bean Granger Roskam Brown (SC) Flake King (IA) Broun (GA) Farr Kilpatrick (MI) Blunt Griffith Rush Brown, Corrine Fleming King (NY) Brown (SC) Fattah Kilroy ´ Buchanan Forbes Kingston Bonner Harman Sanchez, Linda Brown, Corrine Filner Kind Burgess Fortenberry Kirk Brown-Waite, Hoekstra T. Buchanan Flake King (IA) Burton (IN) Foster Kirkpatrick (AZ) Ginny Maloney Sanchez, Loretta Burgess Fleming King (NY) Butterfield Foxx Kissell Camp Matheson Shimkus Burton (IN) Forbes Kingston Buyer Frank (MA) Klein (FL) Capuano Miller (FL) Sires Buyer Fortenberry Kirk Calvert Franks (AZ) Kline (MN) Carney Moran (KS) Taylor Calvert Foster Kirkpatrick (AZ) Campbell Frelinghuysen Kosmas Clarke Neal (MA) Thornberry Campbell Foxx Kissell Cantor Fudge Kratovil Conyers Platts Wamp Cantor Frank (MA) Klein (FL) Cao Gallegly Kucinich Costello Pomeroy Wexler Cao Franks (AZ) Kline (MN) Capito Garrett (NJ) Lamborn Cuellar Putnam Capito Frelinghuysen Kosmas Capps Gerlach Lance Capps Fudge Kratovil Cardoza Giffords Langevin Cardoza Gallegly Kucinich Carnahan Gingrey (GA) Larsen (WA) b 1855 Carnahan Garrett (NJ) Lamborn Carson (IN) Gohmert Larson (CT) Carson (IN) Gerlach Lance Carter Gonzalez Latham Mr. SALAZAR changed his vote from Carter Giffords Langevin Cassidy Goodlatte LaTourette Cassidy Gohmert Larsen (WA) Castle Gordon (TN) Latta ‘‘nay’’ to ‘‘yea.’’ Castle Gonzalez Larson (CT) Castor (FL) Graves Lee (CA) So (two-thirds being in the affirma- Castor (FL) Goodlatte Latham Chaffetz Grayson Lee (NY) Chaffetz Gordon (TN) LaTourette Chandler Green, Al Levin tive) the rules were suspended and the Chandler Graves Latta Childers Green, Gene Lewis (CA) bill was passed. Childers Grayson Lee (CA) Chu Grijalva Lewis (GA) Chu Green, Al Lee (NY) Clay Guthrie Linder The result of the vote was announced Clarke Green, Gene Levin Cleaver Gutierrez Lipinski as above recorded. Clay Guthrie Lewis (CA) Clyburn Hall (NY) LoBiondo Cleaver Gutierrez Lewis (GA) Coble Hall (TX) Loebsack A motion to reconsider was laid on Clyburn Hall (NY) Linder Coble Hall (TX) Lipinski Coffman (CO) Halvorson Lofgren, Zoe the table. Cohen Hare Lowey Coffman (CO) Halvorson LoBiondo

VerDate Nov 24 2008 05:18 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.052 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11261 Loebsack Oberstar Sherman CONGRATULATING KAPPA ALPHA Lewis (GA) Neugebauer Sessions Lofgren, Zoe Obey Shuler PSI FRATERNITY Linder Nunes Sestak Lowey Olver Shuster Lipinski Nye Shadegg Lucas Ortiz Simpson The SPEAKER pro tempore. The un- LoBiondo Oberstar Shea-Porter Luetkemeyer Pallone Skelton finished business is the vote on the mo- Loebsack Obey Sherman Luja´ n Pascrell Slaughter Lofgren, Zoe Olson Shuler Lummis Pastor (AZ) Smith (NE) tion to suspend the rules and agree to Lowey Olver Shuster Lungren, Daniel Paulsen Smith (NJ) the resolution, H. Res. 659, as amended, Lucas Ortiz Simpson E. Payne Smith (TX) Luetkemeyer Pallone Skelton on which the yeas and nays were or- ´ Lynch Pence Smith (WA) Lujan Pascrell Slaughter Maffei Perlmutter dered. Snyder Lummis Pastor (AZ) Smith (NE) Manzullo Perriello Lungren, Daniel Paul Smith (NJ) Souder The Clerk read the title of the resolu- Marchant Peters E. Paulsen Smith (TX) Space tion. Markey (CO) Peterson Lynch Payne Smith (WA) Speier Markey (MA) Petri The SPEAKER pro tempore. The Mack Pence Snyder Spratt Marshall Pingree (ME) question is on the motion offered by Maffei Perlmutter Souder Massa Pitts Stark the gentleman from the Northern Mar- Manzullo Perriello Space Matheson Poe (TX) Stearns Marchant Peters Speier iana Islands (Mr. SABLAN) that the Matsui Polis (CO) Stupak Markey (CO) Peterson Spratt McCarthy (CA) Posey Sullivan House suspend the rules and agree to Markey (MA) Petri Stark McCarthy (NY) Price (GA) Sutton the resolution, H. Res. 659, as amended. Marshall Pingree (ME) Stearns McCaul Price (NC) Tanner This will be a 5-minute vote. Massa Pitts Stupak McClintock Quigley Teague Matheson Poe (TX) Sullivan McCollum Rahall Terry The vote was taken by electronic de- Matsui Polis (CO) Sutton McCotter Rangel Thompson (CA) vice, and there were—yeas 392, nays 0, McCarthy (CA) Posey Tanner McDermott Rehberg Thompson (MS) not voting 40, as follows: McCarthy (NY) Price (GA) Teague McGovern Reichert Thompson (PA) McCaul Price (NC) Terry McHenry Reyes Tiahrt [Roll No. 774] McClintock Quigley Thompson (CA) McIntyre Richardson Tiberi YEAS—392 McCollum Rahall Thompson (MS) McKeon Rodriguez Tierney McCotter Rangel Thompson (PA) Ackerman Coble Gutierrez McMahon Roe (TN) Titus McDermott Rehberg Tiahrt Aderholt Coffman (CO) Hall (NY) McMorris Rogers (AL) Tonko McGovern Reichert Tiberi Adler (NJ) Cohen Hall (TX) Rodgers Rogers (KY) Towns McHenry Reyes Tierney McNerney Rogers (MI) Akin Cole Halvorson McIntyre Richardson Titus Tsongas Alexander Conaway Hare Meek (FL) Rooney Turner McKeon Rodriguez Tonko Meeks (NY) Ros-Lehtinen Altmire Connolly (VA) Harper McMahon Roe (TN) Towns Upton Andrews Conyers Hastings (FL) Melancon Ross Van Hollen McMorris Rogers (AL) Tsongas Mica Rothman (NJ) Arcuri Cooper Hastings (WA) Vela´ zquez Rodgers Rogers (KY) Turner Michaud Roybal-Allard Baca Costa Heinrich Visclosky McNerney Rogers (MI) Upton Miller (MI) Royce Bachmann Courtney Heller Meek (FL) Rooney Van Hollen Walden Miller (NC) Ruppersberger Bachus Crenshaw Hensarling Meeks (NY) Ros-Lehtinen Visclosky Walz Miller, Gary Ryan (OH) Baird Crowley Herger Melancon Ross Walden Wasserman Miller, George Ryan (WI) Baldwin Culberson Herseth Sandlin Mica Rothman (NJ) Walz Schultz Minnick Salazar Barrow Cummings Higgins Michaud Roybal-Allard Wasserman Waters Mitchell Sarbanes Bartlett Dahlkemper Hill Miller (MI) Royce Schultz Watson Mollohan Scalise Barton (TX) Davis (CA) Himes Miller (NC) Ruppersberger Waters Moore (KS) Schakowsky Watt Becerra Davis (IL) Hinchey Miller, Gary Ryan (OH) Watson Moore (WI) Schauer Waxman Berkley Davis (KY) Hinojosa Miller, George Ryan (WI) Watt Moran (VA) Schiff Weiner Berman Davis (TN) Hirono Minnick Salazar Waxman Murphy (CT) Schmidt Welch Berry Deal (GA) Hodes Mitchell Sarbanes Weiner Murphy (NY) Schock Westmoreland Biggert DeFazio Holden Mollohan Scalise Welch Murphy, Patrick Schwartz Whitfield Bilbray DeGette Holt Moore (KS) Schakowsky Westmoreland Murphy, Tim Scott (GA) Wilson (OH) Bilirakis Delahunt Honda Moore (WI) Schauer Whitfield Murtha Scott (VA) Wilson (SC) Bishop (GA) DeLauro Hoyer Moran (VA) Schiff Wilson (OH) Myrick Sensenbrenner Wittman Bishop (NY) Dent Hunter Murphy (CT) Schmidt Wilson (SC) Nadler (NY) Serrano Wolf Bishop (UT) Diaz-Balart, M. Inglis Murphy (NY) Schock Wittman Napolitano Sessions Wu Blackburn Dicks Inslee Murphy, Patrick Schrader Wolf Neugebauer Sestak Yarmuth Blumenauer Dingell Israel Murphy, Tim Schwartz Woolsey Nunes Shadegg Young (AK) Boccieri Doggett Issa Murtha Scott (GA) Wu Nye Shea-Porter Young (FL) Boehner Donnelly (IN) Jackson (IL) Myrick Scott (VA) Yarmuth Bono Mack Doyle Jackson-Lee Nadler (NY) Sensenbrenner Young (AK) NAYS—1 Boozman Dreier (TX) Napolitano Serrano Young (FL) Paul Boren Driehaus Jenkins Boswell Duncan Johnson (GA) NOT VOTING—40 NOT VOTING—47 Boucher Edwards (MD) Johnson (IL) Boustany Edwards (TX) Johnson, E. B. Abercrombie Diaz-Balart, L. Radanovich Abercrombie Diaz-Balart, L. Radanovich Boyd Ehlers Johnson, Sam Austria Engel Rohrabacher Austria Engel Rohrabacher Brady (PA) Ellison Jones Barrett (SC) Granger Roskam Barrett (SC) Gingrey (GA) Roskam Brady (TX) Ellsworth Jordan (OH) Bean Green, Gene Rush Bean Granger Rush Braley (IA) Emerson Kagen Blunt Griffith Sa´ nchez, Linda Becerra Griffith Sa´ nchez, Linda Bright Eshoo Kanjorski Bonner Harman T. Blunt Grijalva T. Broun (GA) Etheridge Kaptur Brown-Waite, Hoekstra Sanchez, Loretta Bonner Harman Sanchez, Loretta Brown (SC) Fallin Kennedy Ginny Maloney Shimkus Brown-Waite, Hoekstra Schrader Brown, Corrine Farr Kildee Camp Miller (FL) Sires Ginny Mack Shimkus Buchanan Fattah Kilpatrick (MI) Capuano Moran (KS) Taylor Butterfield Maloney Sires Burgess Filner Kilroy Carney Neal (MA) Thornberry Camp Miller (FL) Taylor Burton (IN) Flake Kind Costello Platts Vela´ zquez Capuano Moran (KS) Butterfield Fleming King (IA) Cuellar Pomeroy Wamp Carney Neal (MA) Thornberry Buyer Forbes King (NY) Davis (AL) Putnam Wexler Conyers Olson Wamp Calvert Fortenberry Kingston Costello Platts Wexler Campbell Foster Kirk Cuellar Pomeroy Woolsey ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cantor Foxx Kirkpatrick (AZ) Davis (AL) Putnam Cao Frank (MA) Kissell The SPEAKER pro tempore (during ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Capito Franks (AZ) Klein (FL) the vote). Two minutes remain in this Capps Frelinghuysen Kline (MN) The SPEAKER pro tempore (during Cardoza Fudge Kosmas vote. the vote). Two minutes remain in this Carnahan Gallegly Kratovil vote. Carson (IN) Garrett (NJ) Kucinich Carter Gerlach Lamborn b 1911 Cassidy Giffords Lance b 1903 Castle Gingrey (GA) Langevin So (two-thirds being in the affirma- So (two-thirds being in the affirma- Castor (FL) Gohmert Larsen (WA) tive) the rules were suspended and the Chaffetz Gonzalez Larson (CT) tive) the rules were suspended and the Chandler Goodlatte Latham resolution, as amended, was agreed to. bill was passed. Childers Gordon (TN) LaTourette The result of the vote was announced The result of the vote was announced Chu Graves Latta as above recorded. as above recorded. Clarke Grayson Lee (CA) Clay Green, Al Lee (NY) A motion to reconsider was laid on Cleaver Grijalva Levin A motion to reconsider was laid on the table. Clyburn Guthrie Lewis (CA) the table.

VerDate Nov 24 2008 03:40 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.102 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11262 CONGRESSIONAL RECORD — HOUSE October 13, 2009 ANNOUNCEMENT BY THE SPEAKER more than 350,000 $1 coins in commemoration of America to be made available for Girl PRO TEMPORE of the centennial of the Girl Scouts of the Scout program development and delivery. USA, each of which shall— (c) AUDITS.—The Comptroller General of The SPEAKER pro tempore. Pursu- (1) weigh 26.73 grams; the United States shall have the right to ex- ant to clause 8 of rule XX, the Chair (2) have a diameter of 1.500 inches; and amine such books, records, documents, and will postpone further proceedings (3) contain 90 percent silver and 10 percent other data of the Girl Scouts of the United today on the motion to suspend the copper. States of America as may be related to the rules on which a recorded vote or the (b) LEGAL TENDER.—The coins minted expenditures of amounts paid under sub- yeas and nays are ordered, or on which under this Act shall be legal tender, as pro- section (b). the vote incurs objection under clause vided in section 5103 of title 31, United States (d) LIMITATION.—Notwithstanding sub- Code. section (a), no surcharge may be included 6 of rule XX. (c) NUMISMATIC ITEMS.—For purposes of with respect to the issuance under this Act Any record vote on the postponed sections 5134 and 5136 of title 31, United of any coin during a calendar year if, as of question will be taken later. States Code, all coins minted under this Act the time of such issuance, the issuance of f shall be considered to be numismatic items. such coin would result in the number of com- SEC. 4. DESIGN OF COINS. memorative coin programs issued during GIRL SCOUTS USA CENTENNIAL (a) DESIGN REQUIREMENTS.— such year to exceed the annual 2 commemo- COMMEMORATIVE COIN ACT (1) IN GENERAL.—The design of the coins rative coin program issuance limitation Mr. FOSTER. Madam Speaker, I minted under this Act shall be emblematic under section 5112(m)(1) of title 31, United move to suspend the rules and pass the of the centennial of the Girl Scouts of the States Code (as in effect on the date of the enactment of this Act). The Secretary of the bill (H.R. 621) to require the Secretary United States of America. (2) DESIGNATION AND INSCRIPTIONS.—On Treasury may issue guidance to carry out of the Treasury to mint coins in com- each coin minted under this Act, there shall this subsection. memoration of the centennial of the be— SEC. 8. TECHNICAL AND CONFORMING AMEND- establishment of the Girl Scouts of the (A) a designation of the value of the coin; MENTS. United States of America, as amended. (B) an inscription of the year ‘‘2013’’; and (a) CONTINUED ISSUANCE OF CERTAIN COM- The Clerk read the title of the bill. (C) inscriptions of the words ‘‘Liberty’’, MEMORATIVE COINS MINTED IN 2009.—Notwith- The text of the bill is as follows: ‘‘In God We Trust’’, ‘‘United States of Amer- standing sections 303 and 304 of the Presi- dential $1 Coin Act of 2005 (31 U.S.C. 5112 nt.), H.R. 621 ica’’, and ‘‘E Pluribus Unum’’. (b) SELECTION.—The design for the coins the Secretary of the Treasury may continue Be it enacted by the Senate and House of Rep- minted under this Act shall be— to issue numismatic items that contain 1- resentatives of the United States of America in (1) selected by the Secretary, after con- cent coins minted in 2009 after December 31, Congress assembled, sultation with the Girl Scouts of the United 2009, until not later than June 30, 2010. SECTION 1. SHORT TITLE. States of America and the Commission of (b) DISTRIBUTION OF SURCHARGES.—Section This Act may be cited as the ‘‘Girl Scouts Fine Arts; and 7 of the Jamestown 400th Anniversary Com- USA Centennial Commemorative Coin Act’’. (2) reviewed by the Citizens Coinage Advi- memorative Coin Act of 2004 (31 U.S.C. 5112 SEC. 2. FINDINGS. sory Committee. nt.) is amended— The Congress find as follows: SEC. 5. ISSUANCE OF COINS. (1) in subsection (b)(2)(B), by striking ‘‘in (1) The Girl Scouts of the United States of (a) QUALITY OF COINS.—Coins minted under equal shares’’ and all that follows through America is the world’s preeminent organiza- this Act shall be issued in uncirculated and the period at the end and inserting ‘‘in the tion dedicated solely to girls where they proof qualities. proportion specified to the following organi- build character and skills for success in the (b) MINT FACILITY.— zations for the purposes described in such real world. (1) IN GENERAL.—Only 1 facility of the subparagraph: (2) In 1911, Juliette Gordon Low met Sir United States Mint may be used to strike ‘‘(i) 2/3 to the Association for the Preserva- Robert Baden-Powell, a war hero and the any particular quality of the coins minted tion of Virginia Antiquities. founder of the Boy Scouts. under this Act. ‘‘(ii) 1/3 to the Jamestown-Yorktown Foun- (3) With Baden-Powell’s help and encour- (2) USE OF THE UNITED STATES MINT AT WEST dation of the Commonwealth of Virginia.’’; agement, Juliette Gordon Low made plans to POINT, NEW YORK.—It is the sense of the Con- and start a similar association for American gress that the coins minted under this Act (2) in subsection (c), by striking ‘‘, the Sec- girls. should be struck at the United States Mint retary of the Interior,’’. (4) On March 12, 1912, Juliette Gordon Low at West Point, New York, to the greatest ex- The SPEAKER pro tempore. Pursu- organized the first 2 Girl Scout Troops in Sa- tent possible. ant to the rule, the gentleman from Il- vannah, Georgia consisting of 18 members. (c) PERIOD FOR ISSUANCE.—The Secretary linois (Mr. FOSTER) and the gentleman (5) Low devoted the next 15 years of her life may issue coins under this Act only during to building the organization, which would the calendar year beginning on January 1, from Georgia (Mr. KINGSTON) each will become the largest voluntary association for 2013. control 20 minutes. women and girls in the United States. SEC. 6. SALE OF COINS. The Chair recognizes the gentleman (6) Low drafted the Girl Scout laws, super- (a) SALE PRICE.—The coins issued under from Illinois. vised the writing of the first handbook in this Act shall be sold by the Secretary at a GENERAL LEAVE 1913, and provided most of the financial sup- price equal to the sum of— Mr. FOSTER. Madam Speaker, I ask port for the organization during its early (1) the face value of the coins; unanimous consent that all Members years. (2) the surcharge provided in section 7 with may have 5 legislative days within (7) The Girl Scouts of the United States of respect to such coins; and America was chartered by the United States (3) the cost of designing and issuing the which to revise and extend their re- Congress in 1950 in title 36, United States coins (including labor, materials, dies, use of marks on this legislation and to insert Code. machinery, overhead expenses, marketing, extraneous material thereon. (8) Today there are more than 3,700,000 and shipping). The SPEAKER pro tempore. Is there members in 236,000 troops throughout the (b) BULK SALES.—The Secretary shall objection to the request of the gen- United States and United States territories. make bulk sales of the coins issued under tleman from Illinois? (9) Through membership in the World Asso- this Act at a reasonable discount. There was no objection. ciation of Girl Guides and Girl Scouts, Girls (c) PREPAID ORDERS.— Mr. FOSTER. Madam Speaker, I Scouts of the United States of America is (1) IN GENERAL.—The Secretary shall ac- part of a worldwide family of 10,000,000 girls cept prepaid orders for the coins minted yield myself such time as I may con- and adults in 145 countries. under this Act before the issuance of such sume. (10) More than 50,000,000 American women coins. Madam Speaker, in 1912, just 18 girls enjoyed Girl Scouting during their child- (2) DISCOUNT.—Sale prices with respect to from Georgia came together in what hood—and that number continues to grow as prepaid orders under paragraph (1) shall be would become the first meeting of the Girl Scouts of the United States of America at a reasonable discount. Girl Scouts. Since then, the program continues to inspire, challenge, and empower SEC. 7. SURCHARGES. has grown to 3.7 million girls to be- girls everywhere. (a) IN GENERAL.—All sales of coins issued come the organization that we know (11) March 12, 2012 will mark the 100th An- under this Act shall include a surcharge of niversary of the Girl Scouts of the United today. To date, the Girl Scouts have $10 per coin. shown 5 million girls how to lead, how States of America. (b) DISTRIBUTION.—Subject to section SEC. 3. COIN SPECIFICATIONS. 5134(f) of title 31, United States Code, all sur- to work together, and how to serve our (a) $1 SILVER COINS.—The Secretary of the charges received by the Secretary from the communities. Treasury (hereafter in this Act referred to as sale of coins issued under this Act shall be The Girl Scouts of the United States the ‘‘Secretary’’) shall mint and issue not paid to the Girl Scouts of the United States have had such prestigious members as

VerDate Nov 24 2008 03:40 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.058 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11263 the Honorable Sandra Day O’Connor, I wish to confirm our mutual under- and the 1930s, Girl Scouts followed suit former Supreme Court Justice; Sec- standing on this bill. As you know, sec- all over the country and started to sell retary of State Hillary Clinton; former tion 7 of the bill establishes a sur- them. They sold them for 25 and 35 Secretary of State Madeleine Albright; charge for the sale of commemorative cents a dozen and in time had 11 vari- and former First Lady Nancy Reagan. coins that are minted under the bill. I eties. And can I get a favorite? I think The Fox Valley Girl Scouts Council, acknowledge your committee’s juris- everybody would vote on a bipartisan which serves portions of my congres- dictional interest in such surcharges as basis, it is the Thin Mint. sional district, has 6,000 registered revenue matters. However, I appreciate Mr. FOSTER. Will the gentleman members sponsored by over 1,600 adult your willingness to forego committee yield? volunteers. I appreciate the work of action on H.R. 621 in order to allow the Mr. KINGSTON. I will be happy to these Girl Scouts, who have devoted so bill to come to the floor expeditiously. yield to my friend. much time and effort to community I agree that your decision to forego Mr. FOSTER. I very much share your service projects in our community. further action on this bill will not prej- opinion. I have to address the Speaker. I am pleased to be a cosponsor of udice the Committee on Ways and I’m sure the Speaker and everyone in H.R. 621, and I thank Mr. KINGSTON for Means with respect to its jurisdictional this room agrees that Thin Mints are introducing it. H.R. 621 directs the Sec- prerogatives on this or similar legisla- the cookie of choice. retary of the Treasury to mint and to tion. I would support your request for Mr. KINGSTON. See, Madam Speak- issue up to 350,000 one dollar coins in conferees on those provisions within er, only the Girl Scouts could bring commemoration of the centennial of your jurisdiction should this bill be the such bipartisan fellowship here so the founding of the Girl Scouts. subject of a House-Senate conference. quickly in a bill. The Girl Scouts of the USA has I will include this exchange of letters Juliette Gordon Low was an amazing helped shape millions of young girls’ in the Congressional Record when this historical figure. She was actually lives, and in turn strengthened our bill is considered by the House. Thank nicknamed Daisy as a child. Her par- communities. I congratulate the Girl you again for your assistance. ents were early settlers, on the dad’s Scouts on their 97 years of service and BARNEY FRANK, side from Georgia, and her mother’s look forward to the passage of this Chairman. family came from Chicago. She was piece of legislation so that we can join Madam Speaker, I reserve the bal- born on Halloween in 1860 and grew up with them in celebrating their centen- ance of my time. during the Civil War in the difficult nial in 2012. Mr. KINGSTON. Madam Speaker, I Reconstruction period in the Deep Madam Speaker, I submit the fol- yield myself such time as I may con- South. Her father owned a big house, lowing correspondence. sume. and she developed a fondness as a child OCTOBER 13, 2009. It is a great honor to be here with for writing poems, sketching, painting. Hon. BARNEY FRANK, Mr. FOSTER, and I want to thank Mr. She acted in plays and became a sculp- Chairman, Financial Services Committee, 2129 BACHUS and Mr. FRANK and the mem- tor and a blacksmith. Rayburn House Office Building, Wash- Her brother, George Arthur Gordon, ington, DC. bers of the Financial Services Com- DEAR CHAIRMAN FRANK: I am writing re- mittee for their support of this com- described her this way: She was deeply garding H.R. 621, the ‘‘Girl Scouts USA Cen- memorative coin bill. religious, quite superstitious, and a tennial Commemorative Coin Act of 2009.’’ This commemorative coin, like all confirmed hero worshiper. Underneath As you know, the Committee on commemorative coins, will pay for her bubbling, irrepressible gaiety, Ways and Means maintains jurisdiction itself. Once it has done that, the addi- there was a deep, generous, loyal, lov- over bills that raise revenue. H.R. 621 tional money that it brings in will ben- ing, striving, brave, self-sacrificing contains a provision that establishes a efit the centennial activities of the personality. She had her full share of surcharge for the sale of commemora- Girl Scouts of the United States of slings and arrows of outrageous for- tive coins that are minted under the America, as well as helping with some tune, and she not only met them, as bill, and thus falls within the jurisdic- of the repairs of the Juliette Gordon the poet advised, by opposing, but in tion of the Committee on Ways and Low birthplace, her childhood home, every crisis of her life she faced fate Means. which is located in Savannah, Georgia. with a smiling defiance that was sim- However, as part of our ongoing un- I think I, like so many people, have ply sublime. And that’s from somebody derstanding regarding commemorative great memories of Girl Scouts, even who would know her well. coin bills and in order to expedite this though I wasn’t one. My sisters, Betty, As a child, she started a group called bill for Floor consideration, the Com- Barbara, and Jean, were all Girl Helping Hands to help make clothes for mittee will forgo action. This is being Scouts, and they all wore their Brown- the poor. She grew up in Savannah but done with the understanding that it ie uniforms and then their Girl Scout went to a boarding school in Virginia. does not in any way prejudice the Com- uniforms, and my mother was one of She made her debut in Savannah and mittee with respect to the appointment the—I want to say den mother, and, enjoyed the good life. She married a of Conferees or its jurisdictional pre- Madam Speaker, I don’t know the young man which her parents weren’t rogatives on this bill or similar legisla- exact title, but she was a consultant— really crazy about because of their age, tion in the future. a leader. A great Girl Scout on the but they went ahead and got married I would appreciate your response to front row, Ms. ILEANA ROS-LEHTINEN, and I guess, showing her streak of inde- this letter, confirming this under- has corrected me. But they had those pendence, got married on her parents’ standing with respect to H.R. 621, and sashes. And I was a Y-boy and we didn’t 29th wedding anniversary date, Decem- would ask that a copy of our exchange get sashes. ber 21, 1886, and got married in Christ of letters on this matter be included in Episcopal Church, where she was also the record. b 1915 christened and later would be buried. Sincerely, We didn’t get to earn merit badges. Juliette Gordon Low had a hearing CHARLES B. RANGEL, But I always thought what a great sys- problem, and when she was leaving the Chairman. tem of training people. And of course, church, at her wedding, on her wedding OCTOBER 13, 2009. Girl Scouts got to sell the cookies, of day, rice was being thrown, and one Hon. CHARLES B. RANGEL, which I not only did not have to sell, found itself lodged in her ear. It caused Chairman, Committee on Ways and Means, but I got to eat. So I got two great ben- a problem which caused her to lose House of Representatives, Washington, DC. efits from them, and so many other much of her hearing, and she went DEAR CHARLIE: I am writing in response to people did the same. through life almost deaf, which later your letter regarding H.R. 621, the ‘‘Girl Girl Scout cookies actually started served her, though, because, as a fund- Scouts USA Centennial Commemorative in December 1917, and that was when raiser, she could pretend to not under- Coin Act,’’ which was introduced in the House and referred to the Committee on Fi- the Mistletoe Troop in Muskogee, stand when people said ‘‘no’’ when she nancial Services on January 21, 2009. It is my Oklahoma, started baking cookies, and was asking for money for the Girl understanding that this bill will be sched- they sold them in their high school Scouts, so she would persevere and get uled for floor consideration shortly. that year. And then it grew in the 1920s more money from them.

VerDate Nov 24 2008 05:18 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.059 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11264 CONGRESSIONAL RECORD — HOUSE October 13, 2009 But an interesting thing happened to Scouts themselves—with their mothers’ assist- tycoon with Savannah ties. Although her par- Juliette Gordon Low on the way to a ance. The earliest mention of a cookie sale ents would never approve of a relationship be- good life. After the Spanish American found to date was by the Mistletoe Troop in tween them, Daisy became convinced if she War, her marriage fell apart, and when Muskogee, Oklahoma, which baked cookies did not marry him, she would not marry at all. it did, she wasn’t sure what her sense and sold them in its high school cafeteria as She characteristically continued to conceal her of direction would be and actually con- a service project in December 1917. In the feelings from her family and friends; only re- sidered being a sculptor. But in 1911, 1920s and 1930s, Girl Scouts in different parts vealing her innermost thoughts to her diary. she met Sir Robert Baden-Powell who, of the country continued to bake their own A year later, she became secretly engaged as we know, started the Boy Scouts in simple sugar cookies with their mothers. to Billow in January of 1886. When the en- England, and he told Ms. Low about a These cookies were packaged in wax paper gagement was revealed, her parents sister organization that his own bio- bags, sealed with a sticker, and sold door to expectedly opposed the relationship as they logical sister had started in England door for 25 to 35 cents per dozen. This project felt that Billow was too spoiled and irrespon- called the Girl Guides. He rec- has now expanded to 11 varieties of cookies, sible to care for a wife and family. However, ommended to her that she do the same with Thin Mints as the annual favorite. Daisy and Billow were both of age and Billow thing. Selling cookies began just five years after was bestowed with his father’s fortune. On So, as Mr. FOSTER has said, when she Juliette Gordon Low started Girl Scouts in the December 21, 1886—on her parents’ 29th came back to America on March 12, United States in 1912. The Founder, Juliet wedding anniversary—Juliette married Low at 1912, she started the Girl Scouts of Gordon, was born in Savannah, Georgia on Christ Episcopal Church in Savannah, Geor- America, and actually wrote a friend a Halloween 1860. Affectionately called ‘‘Daisy’’ gia. She believed that, since her parents’ mar- note and said, come right over; I have (which is now the name of the youngest troop riage had been an idyllic one, the date would something for all the girls of Savannah designation) by family and close friends, Juli- be lucky for her as well. During her wedding and all America and all the world, and ette’s paternal family were early settlers in exit, a grain of good-luck rice became lodged we’re going to start it tonight. And Georgia and her mother’s family played an im- in Daisy’s ear. When trying to remove the rice, they did start it. And by the time she portant role in the founding of Chicago. She the doctor punctured the eardrum and dam- died, there were 168,000 members of the was the second of 6 children and grew up dur- aged the nerve-endings resulting in a total Girl Scouts from that first 18. ing the difficult era of the Civil War and Re- loss of hearing in that ear at the age of 26. The impact that they had has been construction. Her other ear had previously lost hearing be- national and international. Girl Scouts Daisy spent her early years in Wayne-Gor- cause of an improperly treated abscess in have been all over the map, and their don House in Savannah, Georgia. In 1818, 1885. history has followed the history of the Savannah Mayor James Moore Wayne, later a Juliette would later use her hearing impedi- United States. They collected clothes U.S. Supreme Court Justice, purchased a ment to her benefit. When asking for dona- during the Depression. They made double house lot on the northeast corner of tions, she would purposely play deaf to not quilts. They carved wood toys. They Bull and South Broad streets. The house con- hear the word ‘‘no.’’ Instead, she would re- gathered food for the poor. They as- structed for Wayne at a cost of $6,500, con- spond with the date she would come by to sisted in hospitals. They participated sisted of a two-story, double town house over pick up the donation. However, her deafness in food drives and canning programs, a raised basement. In 1831, James Moore did have an effect in certain social situations— provided meals to undernourished pro- Wayne sold the house to his niece, Sarah during dinner function, a speaker rose to ac- gram, and in World War II, they oper- Stites Anderson Gordon, and her husband, knowledge Juliette. She became upset when ated a bicycle courier service and in- William Washington Gordon I, Daisy’s parents. the audience was not clapping at every pause, vested more than 48,000 hours in farm Today, this is the location of the Juliette Gor- so she began clapping—unaware that the aid projects, collected fat and scrap don Low Birthplace and Girl Scout museum. speaker was talking about her own accom- metal, and grew victory gardens. They In this house, young Daisy developed a life- plishments. A fellow diner had to stop her, as also collected 11⁄2 million articles of time interest in the arts—wrote poems, it is not proper to clap for yourself. clothing that were shipped overseas to sketched, wrote and acted in plays, and later Putting difficulty aside, Juliette Low contin- children and adult victims of the war. became a skilled painter, sculptor, and black- ued the luxurious life of a young Victorian lady Nearly 100 years ago this happened, smith. She had many pets throughout her life during her married years in both England and and yet Juliette Gordon Low’s legacy and was particularly fond of exotic birds, Geor- Savannah. During the Spanish-American War, of friendship, education and ideals is gia mockingbirds, and dogs. Daisy was also however, Juliette came back to America to aid today shared by 3.8 million girls and known for her great sense of humor. Her in the war effort. She helped her mother orga- women. We should be very proud to live brother, George Arthur Gordon, described her nize a recovery hospital for wounded soldiers in a country where such an organiza- this way, ‘‘She was deeply religious, quite su- returning from Cuba. Her father (who had tion exists, and I am proud to be a co- perstitious and a confirmed hero worshiper. been a captain in the Confederate Army) was sponsor of this legislation. Underneath her bubbling, irrepressible gaiety, commissioned as a general in the U.S. Army I rise to honor the Girl Scouts of the United there was a deep, generous, loyal, loving, and served on the Puerto Rican Peace Com- States and their founder, Juliette Gordon Low. striving, brave, self-sacrificing personality. She mission. At the end of the war, Juliette re- H.R. 621 would create a Girl Scouts Com- had her full share of slings and arrows of out- turned to England to a disintegrating marriage. memorative Coin in celebration of their 100th rageous fortune, and she not only met them The Lows were separated at the time of her Birthday. Proceeds of this coin will benefit as the poet advised, by opposing, but in every husband’s death in 1905. Centennial activities and the Birthplace of Juli- crisis of her life she faced fate with a smiling Daisy considered herself to be a failure. She ette Gordon Low. defiance that was simply sublime.’’ had no children, a failed marriage, and was Today, the Girl Scouts are known for their Her dedication to the community started at left with little money from her husband. She cookies—of course—and their blue, green, or a young age. As a teenager, Juliette formed was looking for something useful to do with brown scouting uniforms, but most importantly, her first organization, the ‘‘Helping Hands’’, her life and was considering becoming a pro- the Girl Scouts are known for their dedication whose activities included making clothes for fessional sculptor when, in 1911, she met Sir in growing and nurturing life skills of young the poor. Juliette was a great organizer of Robert Baden-Powell. Sir Robert, a military women around the globe. Scouts can earn people and situations, though not particularly hero with a keen interest in young people, was over 300 badges and awards throughout their organized herself. also a painter and sculptor, an interest he journey as a Scout for completing tasks which Juliette attended school in Savannah, and shared with Daisy. expand areas of knowledge and experience. moved to a boarding school at Virginia Female He had begun a successful group in Eng- These badges vary from Computer Smarts, to Institute (now Stuart Hall School) during her land known as the Boy Scouts. He was Money Sense, to First Aid, to Sports and teens. She later attended Mlles Charbonniers, shocked to discover that 6,000 girls had joined Games, and Heritage. Girl Scouts number a French finishing school in New York City the Boy Scouts, and urged his sister ‘‘do nearly 3.8 million—2.8 million girl members and traveled extensively in the United States something’’ with the girls—so she began a and 963,000 adult members. and Europe after schooling. After her debut in parallel organization called Girl Guides. Sir Although cookie sales are the most recog- Savannah, Daisy met the handsome and Robert told Daisy about the two groups; she nized Girl Scouting Activity, they started on a charming William Mackay Low—nicknamed wrote in her diary after meeting him, ‘‘He has much smaller scale. Girl Scout Cookies had Billow. Billow’s father was an associate of Dai- ideas, which if I followed them, a more useful their earliest beginnings in the kitchens of sy’s father and a prosperous British shipping sphere of work might open before me in the

VerDate Nov 24 2008 03:40 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00090 Fmt 7634 Sfmt 9920 E:\CR\FM\K13OC7.061 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11265 future.’’ In 1912, Juliette returned to Savannah pating in food drives and canning programs, Walters, Barbara—Anchorwoman of ABC and called her cousin, principal of a local girl’s and providing meals to undernourished chil- ‘‘20/20’’ school, and told her to ‘‘Come right over! I dren. During WWII, Girl Scouts operated bicy- Allison, Jacqueline—Rear Admiral/Navy Edmunds, Jeanette—Colonel, US Army have something for all the girls of Savannah, cle courier services, invested more than War Reserve and all America, and all the world and we’re 48,000 hours in Farm Aide projects, collected Elliot, Carol C.—Brigadier General, USAF going to start it tonight!’’ fat and scrap metal, and grew Victory Gar- Engel, Joan—Rear Admiral, Director, That was the beginning of the Girl Scouts dens. They also collected 1.5 million articles of Health & Safety USA. clothing that were then shipped overseas to Fishburne, Lillian—Rear Admiral/Navy The first Girl Guide meeting in the U.S. was children and adult victims of war. Frost, Kathy—The Adjutant General of the held March 12, 1912. The first two patrols Today, nearly 100 years later, Juliet Gordon Army (today known as troops) consisted of 18 girls. Low’s legacy of friendship, education, and Johnson, Joyce—Rear Admiral, Director, They wore the blue uniform of the British Girl Health & Safety ideals is shared and perpetuated by over 3.8 Kirkpatrick, Jeanne—Former US Ambas- Guides and used the same handbook as the million currently registered Girl Scouts and, sador to the United Nations British Guides. Juliette, an inveterate fund through USA Girl Scouts Overseas, her influ- McGann, Barbara—Rear Admiral/Navy raiser, would use all sort of baited props to ence extends around the world. Every day, the Paige, Kathleen K—RADM, VSN gain donations including a tomato tin with as- Girl Scouts help mold young women and girls Stierle, Linda—Brigadier General sorted Girl Scouts badges and awards to ‘‘pin’’ throughout our Nation by empowering them Widnall, Sheila—US Secretary of Air donors, and a hat decorated with root vegeta- with knowledge and experience. This organi- Force—retired bles. When asked the purpose of her hat, she Williamson, Myrna, Gen.—Retired Army zation allows girls from all backgrounds to General simply replied that she could not afford to benefit from enriching experiences such as Bergen, Candace—Actress properly decorate her hat as she donated field trips, sporting activities, cultural ex- Crow, Sheryl—Singer/Songwriter most of her money to the Girl Scouts and then changes, and volunteer work. In its near 100 Fisher, Carrie—Actress, Author of course asked for an additional donation for years, more than 50+ million American women Lucci, Susan—Actress the cause. befitted from Girl Scouting in their childhood. Merchant, Natalie—Singer, Songwriter In 1913, the American girls decided they In addition to their National and global suc- Reynolds, Debbie—Actress wanted their own identity and the name was cess, many former members carry the Girl Stewart, Martha—TV Personality; Martha Stewart Living changed to Girl Scouts and Juliette published Scouts legacy. One-third of female elected of- the first handbook, ‘‘How Girls Can Help Their Moore, Ann—Publisher, ‘‘People’’ maga- ficials and almost 80% of female CEOs were zine Country; A Handbook for Girl Scouts.’’ In her Girl Scouts, in addition to sports stars, astro- Dion, Celine—Singer handbook, Daisy encouraged girls to partici- nauts, presidential families, cartoonists, sing- Moore, Mary Tyler—Actress pate in competitive sports and to develop ca- ers, actresses, Olympic medalists, and even a Fanning, Dakota—Actress reer skills in short to BE PREPARED for life— Supreme Court Justice. Ackerman, Valede—Women’s National still a guiding principle today. Juliette was also I am honored to support the Girl Scouts 100 Basketball known for humorous antics such as standing years, their dedicated Founder Juliette Gordon Bell, Judy—Former President, US Golf As- sociation; amateur golfer on her head in a board meeting to show off Low, and the crucial principles which they in- the new Girl Scout shoes—a move usually Blair, Bonnie—’94 Gold Olympian Speed still in each and every Girl Scout member. I Skater saved for an ill niece or nephew. wish them another 100 years of success. Fleming, Peggy—’68 figure skating gold During the mid-1920s, Juliette Low devel- Below I have listed some of the more fa- Olympian oped cancer, characteristically, she kept her mous Girl Scouts. But most of all I want to Hamill, Dorothy—’76 figure skating gold illness hidden from family and friends. She give special thanks to Allison Thigpen who Olympian served as President from 1915 until 1920 then helped with the passage of this legislation and Joyner-Kersee, Jacqueline—’88 Long Jump she stepped down and assumed the role of without it would not be possible to bring H.R. Gold Olympian the ‘‘Founder’’ of the Girl Scouts. In the 15 MacMillan, Shannon—Women’s World Cup 621 to the floor. Member years that she worked with the organization, Bellamy, Carol—Executive Director, Marquis, Gail—Olympic Basketball Med- UNICEF Girl Scouts grew from 18 members in Savan- alist; basketball commentator Dole, Elizabeth—Former President, Amer- nah to 168,000 members nationally. McPeak, Holly—Beach Pro Volleyball ican Red Cross Juliette Low was honored for her contribu- McTiernan, Kerri-Ann—1st woman coach Katen, Karen—Vice President, Pfizer tions on Georgia Day, February 12, 1926 by men’s basketball Marram, Ellen—Former President, the city of Savannah and the state of Georgia Powell, Renee—1st African American Golf Tropicana Player on LPGA in a large celebration held in Forsythe Park. Bush, Laura—Wife of President George Redman, Susie—Pro-golfer She was able to attend the World Conference Bush, Jr (43rd President) Rigby-Mason, Cathy—Olympic Gymnast & of Girl Guide and Girl Scouts in 1926 held at Clinton, Chelsea—Daughter of Bill Clinton TV Commentator Edith Macy Girl Scout National Center just (42nd President) St. John Deane, Bonnie—Paralympic Snow Gore, Tipper—Wife of former VP Al Gore outside of New York City. Following the con- Skiing Medalist Johnson Robb, Lynda,—Daughter of Lyn- ference, she took a trip back to England to St. James, Lyn—Auto Racing; ’92 Indy 500 don B. Johnson (36th President) say good-bye to her friends. She died at her ‘‘Rookie of the Year’’ Johnson Turpin, Luci,—Daughter of Lyn- home on Lafayette Square on January 17, Williams, Venus—Tennis Champion don B. Johnson (36th President) Dove, Rita—’93 US Poet Laureate 1927 at the age of 66. Her funeral was held Kennedy, Ethel—Wife of Robert Kennedy Steinem, Gloria—Author at Christ Church—the same in which she was (Presidential candidate) Brandon, Barbara—Cartoonist married and christened—and was attended by Nixon Cox, Tricia—Daughter of Richard Gist, Carole—1st African American Miss hundreds of community members and her be- Nixon (37th President) USA Nixon Eisenhower, Julie—Daughter of loved Girl Scouts. She is buried in Laurel Whitestone, Heather—Miss America, ’95 Richard Nixon (37th President) Grove Cemetery in the Gordon Family plot. Thigpen, Allison—Hill Staffer Reagan, Nancy—Wife of Ronald Reagan Throughout America’s history, the Girl Extraordinaire Scouts have reacted to many differing needs (40th President) Rodham Clinton, Hillary—Wife of Bill GIRL SCOUT MEMBERS OF CONGRESS During World War I, girls learned about food Clinton (42nd President) Baldwin, Tammy—D–WI; House production and conservation, sold war bonds, Albright, Madeleine—former US Secretary Biggert, Judy—R–IL; House worked in hospitals, and collected peach pits of State Bono, Mary—R–CA; House for use in gas mask filters. By 1920, there Napolitano, Janet—D–AZ; Former Gov- Capps, Lois—D–CA; House were nearly 70,000 Girl Scouts nationwide, in- ernor Chenoweth, Helen—R–ID; House cluding the territory of Hawaii and new Girl Collins, Lt Col Eileen—1st Woman Space Christensen, Donna—D–VI; House Scout badges included Economist and Inter- Shuttle Commander Astronaut Clayton, Eva—D–NC; House preter, and revisions already were being made 6 American Astronauts Collins, Susan—D–ME; Senate Day O’Connor, Sandra—Associate Justice, Cubin, Barbara—R–WY; House to the Journalist and Motorist badges. Girl US Supreme Court DeGette, Diana—D–CO; House Scouts led community relief efforts during the Jones, Starr—Co-host, ‘‘The View’’, ABC– Emerson, JoAnn—R–MO; House Great Depression by collecting clothing, mak- TV Eshoo, Anna G.—D–CA; House ing quilts, carving wood toys, gathering food Sweeney, Anne—President, Disney/ABC Fowler, Tillie—R–FL; House for the poor, assisting in hospitals, partici- Cable Network Granger, Kay—R–TX; House

VerDate Nov 24 2008 03:40 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.114 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11266 CONGRESSIONAL RECORD — HOUSE October 13, 2009 Hutchison, Kay Bailey—R–TX; Senate Mr. FOSTER. I yield the gentlelady For nearly 100 years, the Girl Scouts Jackson-Lee, Sheila—D–TX; House another minute. have helped girls throughout the Johnson, Eddie Bernice—D–TX; House Ms. WASSERMAN SCHULTZ. Thank United States develop their full indi- Kaptur, Marcy—D–OH; House you very much. Kilpatrick, Carolyn Cheeks—D–MI; House vidual potential. The first Girl Scout Landrieu, Mary—D–LA; Senate Madam Speaker, I rise today in sup- troop was founded on March 12, 1912, in Lee, Barbara—D–CA; House port of H.R. 621, the Girl Scouts USA Savannah, Georgia. And since then, Lincoln, Blanche—D–AR; Senate Commemorative Coin Act. It is an more than 50 million American women Lowey, Nita—D–NY; House honor to work with the sponsor of this have enjoyed Girl Scouting during McCarthy, Carolyn—D–NY; House important legislation, my friend and their childhood, and that number’s still McCarthy, Karen—D–MO; House colleague from Georgia, Representative Meek, Carrie P.—D–FL; House growing. JACK KINGSTON. Mikulski, Barbara—D–MD; Senate There’s over 3.7 million Girl Scouts Millender-McDonald, Juanita—D–CA; As you may know, and as he has so across the Nation today. And as the fa- House wonderfully detailed, 97 years ago the ther of four daughters, I can speak to Mink, Patsy—D–HI; House first Girl Scout National Council meet- the testament where Cassie and Briana Murray, Patty—D–WA; Senate ing was held right here in Washington, were involved in the Girl Scouts them- Myrick, Sue—R–NC; House D.C., and founder Juliette Gordon Low Northup, Anne—R–KY; House selves, and Tayler and Liesl still are was elected president. Ms. Low envi- actively participating in the Girl Pryce, Deborah—R–OH; House sioned providing a safe place, an envi- Rodham Clinton, Hillary—D–NY; Senate Scouts, and I certainly understand the Ros–Lehtinen, Ileana—R–FL; House ronment of acceptance where girls importance that this institution has Roukema, Marge—R–NJ; House could be inspired and challenged to had and is having on their life. Sanchez, Loretta—D–CA; House build the necessary skills to become So through a variety of experiences, Schakowsky, Jan—D–IL; House leaders. This vision still holds strong ranging from field trips to community Slaughter, Louise M.—D–NY; House today, and the Girl Scouts provide the Stabenow, Deborah—D–MI; House service projects to cultural exchanges, premier opportunity for girls and the Girl Scouts have helped girls build Tauscher, Ellen O.—D–CA; House women to develop the talents and con- Thurman, Karen L.—D–FL; House individual character and skills to suc- Tubbs Jones, Stephanie—D–OH; House fidence necessary for a lifetime of lead- ceed in today’s world. And by fostering Wilson, Heather—R–NM; House ership. the development of these skills, the Being involved in this pursuit means Woolsey, Lynn—D–CA; House Girl Scouts have helped millions of something different to everyone. To I reserve the balance of my time. girls contribute to the improvement of me, it means leading by example every Mr. FOSTER. I yield 2 minutes to the society through their abilities, their gentlelady from Florida (Ms. day. I’m honored to serve in the United States Congress, Madam Speaker, and leadership skills and cooperation with WASSERMAN SCHULTZ). I’m proud to tell you that not only was others. Ms. WASSERMAN SCHULTZ. 2012 will mark the 100th year anni- Madam Speaker, before I begin my re- I a Girl Scout, but I am currently a troop leader for my 10-year-old daugh- versary of Girl Scouting here in the marks in support of H.R. 621, I do want United States of America. And the leg- to suggest to the gentleman from Geor- ter, Rebecca, her troop, and have been for 4 years; and now this year, for the islation before us with the leadership gia (Mr. KINGSTON) and the gentleman first time, for my 6-year-old daughter of the gentleman, my colleague from from Illinois (Mr. FOSTER) that Samoas Illinois, as well, would honor this mile- would probably give Thin Mints a run Shelby’s Brownie troop. But I never stopped being a Girl Scout myself, be- stone by authorizing the minting of for their money, just speaking from cause I’m currently a member, as I 350,000 $1 coins, and the proceeds from personal experience. I’m out there know you are, of Troop Capitol Hill, that sale of these commemorative helping my daughters drag that wagon the honorary Congressional Girl Scout coins would, in turn, go back to the behind me. Troop for all women Members of Con- Girl Scouts program which is so impor- Mr. KINGSTON. Will my friend yield gress. tant. And the Senate counterpart bill I a minute? In each of these roles, I personally know, as well, has over 70 cosponsors Ms. WASSERMAN SCHULTZ. I’d be see how Girl Scouts enriches the lives and is moving forward in a bipartisan happy to yield. of millions of girls and their families manner. I expect it’s going to pass Mr. KINGSTON. I just was won- through innovative programming that swiftly as well. dering, can you put those in vanilla ice embraces the rich diversity of commu- But finally, I would be remiss if I cream and crunch them the same way nities across our country. Girl Scouts didn’t mention the cookies as well, and you can the Thin Mints? Can you say are working day and night to make the I’ll put in one more vote. It’s been a in your heart of hearts they really world a better place. Through projects staple of Girl Scout fundraising for a have the substance and the property in their schools, local neighborhoods, long period of time all the way back to that you’re looking for as you bite and the international community, they 1917. But just like my colleagues from down? I’m only asking. touch lives in many ways. The Girl Illinois and Georgia, my personal fa- Ms. WASSERMAN SCHULTZ. Re- Scouts Commemorative Coin Act vorite is the Thin Mint. claiming my time, the gentleman would recognize all the significant con- The SPEAKER pro tempore. The would be interested and thrilled to tributions of the Girl Scouts move- time of the gentleman has expired. learn that both Samoas and Thin Mints ment. Mr. KINGSTON. I yield 20 more sec- are now in ice cream that are special The SPEAKER pro tempore. The onds to the gentleman only because edition Edy’s brand ice creams that are time of the gentlewoman has expired. he’s a Thin Mint person. sold during the time in January when Mr. FOSTER. I yield the gentlelady Mr. PAULSEN. Just seeing Dairy the Girl Scouts are out there selling an additional minute. Queen as an institution also cooperate their cookies for a good cause. Ms. WASSERMAN SCHULTZ. The with the Girl Scouts to promote their Mr. KINGSTON. Well, let me say to Girl Scouts Commemorative Coin Act cookie sales is outstanding. my friend, I stand instructed, and I ap- would recognize all of the significant So, Madam Speaker, this legislation preciate being schooled today. contributions of the Girl Scouts move- before us honors an institution that Ms. WASSERMAN SCHULTZ. I’m ment and commend their century of has positively impacted the fabric of glad to provide you with the further- service to this country. I strongly join America for decades, and I encourage ance of your education on the Girl my colleagues in urging our colleagues my colleagues to support it. Scouts whose leaders, by the way, are to vote in favor of this worthy legisla- Mr. FOSTER. I yield 2 minutes to the not den mothers. Those are the Cub tion. gentlelady from Texas (Ms. JACKSON- Scouts. Troop leaders are the actual Mr. KINGSTON. I yield 2 minutes to LEE). title for Girl Scouts, and den mothers the gentleman from Minnesota (Mr. Ms. JACKSON-LEE of Texas. I thank are Cub Scouts. PAULSEN). the gentleman from Illinois and the Anyway, I realize that that has cut Mr. PAULSEN. I thank the gen- gentleman from Georgia for their re- into much of my 2 minutes, so if the tleman for yielding and for his leader- spective leadership, and I will just tell gentleman would further yield. ship on this issue as well. you that my memory on what flavors I

VerDate Nov 24 2008 03:40 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.116 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11267 enjoyed may be a little dull. My daugh- Mr. KINGSTON. Madam Speaker, if I IRAN SANCTIONS ENABLING ACT ter is a little bit older than 12 or 15 or could ask an inquiry of my friend from (Mr. KLEIN of Florida asked and was 20 or 25, and at that point I will stop Texas. given permission to address the House for fear of her commentary on me giv- Now, you have not said which cookie for 1 minute and to revise and extend ing her age. But I will say that I am is your favorite. You did kind of side- his remarks.) honored to stand and support the Girl step it, saying they were all gourmet, Mr. KLEIN of Florida. Madam Speak- Scouts and the congressional coin in but Mr. FOSTER and I just want to er, I rise today to support H.R. 1327, the honor of them for the very special rea- know. Iran Sanctions Enabling Act. son that I had the pleasure of watching I yield the gentlewoman 2 minutes on The United States has found itself at my daughter grow up as a Girl Scout, this very important issue. a crossroads when it comes to Iran. As but more particularly carry around Ms. JACKSON-LEE of Texas. I do re- we pursue an engagement strategy, we those Girl Scout cookies in my Taurus member them coming in big brown must also prepare for the worst. If Iran station wagon and compete against the boxes, and I had them all stuffed in my fails to comply with their commit- other mothers to make sure that we station wagon going from door to door. ments, we must have tools to compel sold the most. And I would say to you But the shortbread ones have to be the them to change their behavior. This is that all of them were gourmet, because best. what we’re doing here today with this whichever box was left over, we told I know you all had all of the mint bill. the person who was buying it it’s the and the Samoas, but the shortbread I would like to thank Congressman best bunch of cookies you could ever was the tastiest. I love the shortbread. BARNEY FRANK for his continued and buy. Texas likes it big and simple, and sustained leadership on this issue. The shortbread did the job. b 1930 Iran Sanctions Enabling Act is one of Mr. KINGSTON. I would ordinarily many steps that Congress can and This is very special because this is a tell my friend I am a little dis- should take to isolate Iran, which we combination of two wonderful people, appointed. However, inasmuch as you are working on. Juliette Gordon Low and Sir Robert have explained it so eloquently, I will I am proud that my home State of Baden-Powell. Mr. Baden-Powell was a say we’ll give the shortbread honorable Florida was the first in the Nation to war hero and a founder of the Boy mention here. pass the law to divest from companies Scouts. What a perfect combination. So And I saw Mr. GINGREY raised his that conduct business in Iran. I would he encouraged his wife, or she was en- hand as a shortbread guy himself. also like to acknowledge many of the couraged by him, and sought his help I yield to the gentlelady. activists and people in Florida that to establish the Girl Scouts in 1912. So Ms. JACKSON-LEE of Texas. This is help pass this legislation. In particular, in 1912 they started, and so 2012 they the true spirit of bipartisanship, and I I note the accomplishment of my will have their 100th year. am delighted that we are rising today friend, State Senator Ted Deutch, the But I really want to focus on why the to support this very fine bill to honor author of the Protecting Florida’s In- Girl Scouts were so important, what the Girl Scouts of America with this vestments Act of 2007. they did for my daughter, Erica gold coin. Iran must not get a nuclear weapon— Shelwyn Lee. The interesting thing is Mr. KINGSTON. Madam Speaker, we not on our watch and certainly not on that the Girl Scouts was founded even have no other speakers. I was going to our dime. I would certainly urge the before women had the right to vote. finish a statement real quickly and swift passage of this legislation. They were the early underpinnings of then yield back the balance of our f giving girls leadership skills, how spe- time. cial that can be. And now we find there And I wanted to say with Ms. JACK- OPENING OF THE MICHAEL FUX are 236,000 troops—and they’re called SON-LEE here and Ms. ILEANA ROS- FAMILY CENTER ‘‘troop leaders’’ by the way—and there LEHTINEN that these are two of our Girl (Ms. ROS-LEHTINEN asked and was are 10 million girls today around the Scout Members. I have a list of other given permission to address the House world that are made up of Girl Guides, Members who I will be submitting for for 1 minute and to revise and extend and Girl Scouts, and Girl Scouts of the the RECORD. her remarks.) United States of America, all part of a But also, Madam Speaker, I want to Ms. ROS-LEHTINEN. Madam Speak- worldwide family of 10 million girls say that this bill also contains a pair of er, I am pleased to recognize Michael and adults in 145 countries. What a suc- coin-related technical corrections, one Fux on the grand opening of the Mi- cess story. of which allows an extension in the chael Fux Family Center at Miami And so this is an important affirma- sale of the proof set contained in the Children’s Hospital. tion of how important Girl Scouts have 2009 Abraham Lincoln bicentennial It is with great pride that I recognize been to the building of character of one-cent coins because of a manufac- Michael’s exemplary work and dedica- women. turing glitch which slowed down the tion throughout the years supporting The SPEAKER pro tempore. The production of approved sets. Taken to- underprivileged children. The Michael time of the gentlewoman has expired. gether, though, this bill is still budget Fux Family Center is a state-of-the-art Mr. FOSTER. Madam Speaker, I neutral. facility that will provide families with yield an additional 1 minute. The Senate counterpart bill has more up-to-date medical information, activi- Ms. JACKSON-LEE of Texas. I thank than 70 cosponsors, and I expect swift ties, and entertainment. the distinguished gentleman. consideration of this bill there as well. Throughout the center, families can This is an affirmation of what leader- And so, Madam Speaker, I urge my access information about their child’s ship skills can do for America. Girl colleagues to support this important condition and meet and network with Scouts have grown up to be many out- legislation. other parents. It truly warms my heart standing leaders here and around the I yield back the balance of my time. to know that the families visiting and world. But one thing I think is very Mr. FOSTER. I have no further re- the patients staying at Miami’s Chil- important. It teaches young girls team quests for time, and I yield back the dren Hospital will have a place to get partnership, the ability to work to- balance of my time. together to share a peaceful environ- gether, the ability to succeed together The SPEAKER pro tempore. The ment. and fail together and not give up. question is on the motion offered by Michael, on behalf of all south Flor- So I am very glad to rise and salute the gentleman from Illinois (Mr. FOS- ida and the United States Congress, the Girl Scouts of the United States of TER) that the House suspend the rules thank you, thank you so much for your America but also to applaud this legis- and pass the bill, H.R. 621, as amended. life of selfless giving. lation of H.R. 621. I congratulate my The question was taken; and (two- f friend from Georgia (Mr. KINGSTON) and thirds being in the affirmative) the my good friend Mr. FOSTER from Illi- rules were suspended and the bill, as ANNOUNCEMENT BY THE SPEAKER nois for this great legislation, and all amended, was passed. PRO TEMPORE of those sponsors, and I am pleased to A motion to reconsider was laid on The SPEAKER pro tempore. Mem- advocate for its passage. the table. bers are reminded not to traffic the

VerDate Nov 24 2008 03:40 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.063 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11268 CONGRESSIONAL RECORD — HOUSE October 13, 2009 well while another is under recogni- HEALTH CARE BILLS ARE b 1945 tion. FRIGHTENING SPECIAL ORDERS f (Mr. GINGREY of Georgia asked and The SPEAKER pro tempore. Under POSTER BABY FOR HEALTH CARE was given permission to address the the Speaker’s announced policy of Jan- REFORM House for 1 minute and to revise and uary 6, 2009, and under a previous order (Ms. JACKSON-LEE of Texas asked extend his remarks.) of the House, the following Members and was given permission to address Mr. GINGREY of Georgia. Madam will be recognized for 5 minutes each. Speaker, we currently have Democratic the House for 1 minute and to revise f and extend her remarks.) health care reform bills under consid- Ms. JACKSON-LEE of Texas. Madam eration. Surveyed together, our options AFGHANISTAN IS NOT A WAR OF Speaker, might I introduce to you the are frightening. H.R. 3200 adds $239 bil- NECESSITY poster baby for health care reform. lion to the deficit, it opens the door for The SPEAKER pro tempore. Under a In Denver, a wonderful bouncing illegal aliens to get benefits, and it previous order of the House, the gentle- baby was denied health insurance be- could move up to a hundred million woman from California (Ms. WOOLSEY) cause the baby weighed about 17 Americans off of their current health is recognized for 5 minutes. pounds and was 4 months old, and it care plan and onto the government-run Ms. WOOLSEY. Madam Speaker, the was determined that he had a pre- option. White House is figuring how they existing disease of obesity. The Senate Health, Education, should treat Afghanistan, what to do Now, all of us know how wonderful it Labor, and Pensions Committee bill about Afghanistan. As they review the is to have a healthy baby who has a forces a government takeover of our situation, they must be asking them- full and wonderful round look. We also Nation’s health care system and allows selves a lot of questions: Should our know about something called baby fat, the government to sell products that strategy be counterinsurgency or coun- and for us mothers we know how a all Americans must buy. The Senate terterrorism? Should we send in 40,000 bouncing, bountiful baby can turn into Finance Committee bill cuts over $400 more troops, or 20,000 more troops, or that lean marathon runner. That’s just billion from the health benefits of our should we send in any more at all? And the way it is. seniors. It increases the average insur- is the Taliban really a threat to our So for all of the reports that our in- ance premium for American families national security? surance companies are attempting to by $4,000, and it still leaves 2.5 million Meanwhile, the American people are undermine the effort of ensuring that Americans uninsured even with its $1.8 asking the most important question of every American has access to health trillion expenditure. all: Is the war a war of necessity? And care and that we rid ourselves of this As bad as these bills are, what they most Americans are coming to the con- whole condition of preexisting disease, will become once HARRY REID, NANCY clusion that it is not. And I agree with here’s your example. PELOSI and their liberal allies in the them. What an outrage. Senate take them behind closed doors Our military presence in Afghanistan f to craft a final product will be much, is not necessary because al Qaeda, IN HONOR OF THE 56TH STRYKER much worse. Personally, the last peo- which attacked us on 9/11, simply isn’t BRIGADE COMBAT TEAM ple I want deciding my family’s health in Afghanistan anymore. In fact, it’s care are Speaker PELOSI and Leader estimated that only about 100 al Qaeda (Mr. THOMPSON of Pennsylvania REID. asked and was given permission to ad- fighters remain in the country. Our military presence isn’t necessary be- dress the House for 1 minute and to re- f vise and extend his remarks.) cause it will lead us into another foreign quagmire. Escalating the war will Mr. THOMPSON of Pennsylvania. TRIBUTE TO CHRISTOPHER Madam Speaker, I rise today in support require massive numbers of troops. FRENZE OF THE JOINT ECO- They will be fighting an endless war of House Resolution 754. It was an emo- NOMIC COMMITTEE tional time in Pennsylvania as mem- with many casualties, no exit strategy bers of the 56th Stryker Brigade Com- (Mr. BRADY of Texas asked and was at this point, and the American people bat Team came home from Iraq to a given permission to address the House will not put up with that. tribute of yellow ribbons and flying for 1 minute and to revise and extend This war is not necessary because it flags. The homecoming elation belies his remarks.) will cost hundreds of billions of dollars. the fear that always accompanies sol- Mr. BRADY of Texas. Madam Speak- That’s the money we need to put the diers at war. er, I rise today in tribute to Mr. Chris- American people back to work, Madam NBC correspondent Richard Engel de- topher Frenze, Republican House staff Speaker, and to get our economy back scribed one of the uses of a Stryker ve- director for the Joint Economic Com- on track. And finally, this war is not hicle now in Afghanistan: ‘‘We’re mittee, who’s retiring this week from a necessary because we have better alter- warned about IEDs, improvised explo- distinguished career in government natives. sive devices, a somewhat desensitized service. First and foremost, these alter- way of saying bombs that can blow you Chris joined the Joint Economic natives include smart security. Smok- to pieces and throw your body 75 feet Committee in 1981. His career has been ing out and stopping the violent ex- in the air. distinguished by his relentless effort to tremists in Afghanistan requires the ‘‘Some of the Strykers, the soldier’s promote the public interest, encourage effective surgical tool of smart secu- armored vehicles, are fitted with giant economic growth, reduce the burden of rity, not the blunt instrument of mas- rollers. They stick out in front of the government, and respect the Constitu- sive military occupancy. Smart secu- big armored trucks, making the tion. His knowledge of economic policy rity calls for strengthening our intel- Strykers look like the machines that is only one of his many talents. ligence and surveillance capabilities. pick up golf balls at a driving range. He’s an effective, successful manager That’s absolutely essential because the The Strykers push the heavy wheels of who recruited top economists to serve best way to stop the extremists in Af- the rollers over the sand. If the wheels the committee for many years. His ghanistan is to penetrate and disrupt hit an IED, the device will blow up; if work has served both Senate and House their networks. not, the ground is safe. Republican Members in the majority Smart security calls for improve- ‘‘We walk in a double-file line in the and in the minority. He represents the ments in civilian policing. A well- tracks left by the rollers. I try to walk very best in public service. trained police force is a highly effec- in the footsteps of the soldier in front I know I speak for all of my col- tive counterinsurgency tool because of me.’’ leagues in the Joint Economic Com- it’s right there in the communities This is a stark reality of the job the mittee in congratulating Chris upon where the extremists are. Smart secu- Stryker Brigade performs in both Iraq his retirement and thanking him in his rity calls for a regional diplomatic and Afghanistan. It is just one of the dedicated and tireless service to the surge. Afghanistan’s neighbors have an reasons we honor their service today. United States Congress. interest in stabilizing the country just

VerDate Nov 24 2008 03:40 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.065 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11269 as we do. Those nations include Russia, have to go into the government-run Halloween health care looms in the China and Iran. They need to be en- plan to get new medicines. And you dark shadows of these hallowed halls. gaged. have to pay a big fine if you don’t buy Where the trolls roam at night, the bu- Smart security also recognizes that insurance when you’re young and reaucrats write their health care bill, al Qaeda and other extremist groups healthy. I’m sure the youth of America while the taxpayers continue to ask, have the ability to shift gears and set will like that new change in health ‘‘trick or treat?’’ And that’s just the up shop in other places around the care. Plus, businesses that cannot af- way it is. world, probably in the poorest places ford to have health care for their em- f they can find. ployees will also get stuck with an 8.5 THREAT OF TERRORISM That’s why smart security supports percent tax. Of course, that will put investments in the development of im- some businesses out of business. In The SPEAKER pro tempore. Under a poverished nations, to give people the other words, tax them out of business. previous order of the House, the gen- hope and the opportunity they need to The bills are so vague that illegals tleman from Illinois (Mr. QUIGLEY) is reject violence and hatred in the first probably are covered in all of the bills recognized for 5 minutes. place. And because we need to keep the as well. Also these bills tax good insur- Mr. QUIGLEY. Eight years ago, the extremists away from weapons of mass ance plans like the ones that many U.S. entered Afghanistan. Now 8 years destruction, smart security calls for union members have. If someone pays later, 791 American deaths and billions vigorous inspection regimes and a re- more to get better insurance, the gov- of dollars later, we must ask, what newed commitment to nuclear non- ernment is going to make them pay for have we gained? Has our 8 years in Af- proliferation. having that better insurance with ghanistan made us safer? And will 8 In this session of Congress, Madam higher taxes. And millions of people more years make us safer still? Speaker, I have introduced House Reso- are still not covered in the bills. Now As we speak, the administration is lution 363, the ‘‘Smart Security Plat- wasn’t that supposed to be the reason reviewing the best strategy to achieve form for the 21st Century.’’ It is the for all of this reform? We are turning one primary objective: To protect blueprint we need to defeat extremism the health of America over to the gov- Americans from another terrorist atin Afghanistan and elsewhere in the ernment, and these bills still won’t tack. We agree on the objective. We world. Madam Speaker, the strategy I cover everyone. differ on the strategy. have described is tough. It is prag- And even when they still don’t cover As we move to define our strategy, matic. It will protect the lives of our millions of people, government health the question we must continue to ask brave troops, and it will keep our Na- care is just too expensive. America ourselves is: how do we keep Americans tion safe. cannot afford it. Government-run safe from a terrorist attack? Recent As the administration conducts its health care is going to cost the tax- events suggest that we need to broaden review of the situation in Afghanistan, payers at least another trillion dollars our focus and think bigger than Af- I urge them to choose this strategy be- at the very least. And where are we ghanistan. After all, we are battling cause it is the winning strategy. going to get the money? We don’t have not simply against terrorists in Af- f the money. ghanistan but against terrorism, which Now the taxacrats are tying to tell us we are learning has many fronts, ex- HALLOWEEN HEALTH CARE that putting everyone in a new govern- tending from Afghanistan to Pakistan The SPEAKER pro tempore. Under a ment-run health care system won’t to Somalia, Yemen, Uzbekistan and previous order of the House, the gen- cost the taxpayers any money. Well, even our own backyard. tleman from Texas (Mr. POE) is recog- they are wrong. That would be the first Over the past 2 weeks, five men have nized for 5 minutes. time in history a government-run pro- been arrested for plotting terror at- Mr. POE of Texas. Madam Speaker, gram like this health care bill costs tacks in our country. One man lived in somewhere in the deep, dark, moldy less than it was supposed to be. New York for more than a decade and caverns of this Capitol building, known If you liked your health care when was planning to detonate a bomb there only to the very few, the taxacrats are you had to pay for it, Madam Speaker, on the anniversary of September 11. very busy writing their Halloween you will really like it when it’s free. Thomas Friedman argued in his re- health care bill. They want to shove it There’s more. Government health cent New York Times column that the through Congress before Halloween. care is going to cut half a billion dol- most active front in this war against How appropriate a date for that night- lars out of Medicare to help pay for terrorism is ‘‘not Afghanistan, but the mare. this Halloween health care bill. Of ‘virtual Afghanistan,’ the loose net- The Senate took another step today course, that scares our seniors. And an- work of thousands of jihadist Web toward Halloween health care. The other thing that’s odd: Every single sites, mosques and prayer groups that Senate Finance Committee passed one of these bills don’t go into effect recruit, inspire and train young Mus- something they called a ‘‘concept’’ bill. until the year 2013. Now why is that? lims to kill.’’ It’s not really a bill, it’s just a concept, But the new taxes take effect in 2010. The young Jordanian who was rean idea. That means the bill is not That’s right. American taxpayers pay 3 cently arrested for attempting to blow really actually written. But they years of new taxes on plans that don’t up a building in Dallas was caught passed it out of the Senate Finance take effect for 3 more years. Now isn’t after declaring war on the U.S. on Committee anyway. that lovely. jihadist Web sites. Now, they’re supposed to merge it to- So what’s the big rush to pass all We must broaden our focus. Jihadist gether with the trillion dollar Health, this? You’d think they’re trying to networks are also gaining ground in Education, Labor and Pensions Com- hide something. And I wonder what unstable states such as Somalia and mittee health care bill. That’s the that could be? If this is such a great Yemen. Recently, a source at a U.S. de- HELP bill. The Senate passed that ear- deal, why is there deception sur- fense agency stated, We know that lier this year. So in the secret caverns rounding this health care bill? Why not south Asia is no longer al Qaeda’s pri- of the Capitol, the health-care-crats have openness before we vote on it? mary base. They are looking for a hide- are going to merge the two Senate bills Let’s have floor amendments. Let’s out in other parts of the world and con- to come up with the final Halloween have lively floor debate on it. Let’s tinue to expand their organization. health care bill. take our time. After all, the bills don’t We must broaden our focus. Two Here is the problem with all the bills take effect for 3 more years. And weeks ago, a major Uzbek terrorist so far: The government decides our maybe we’ll have time for everyone in with links to the Taliban and al Qaeda health care. All the power and all the the House and the Senate to read these was killed in south Pakistan. The man control goes to the Federal Govern- bills. Now there’s a thought. killed was the leader of the Islamic ment. It lets the government decide Halloween health care is just a night- Movement of Uzbekistan, a group what procedures doctors may perform mare. And the people I represent in whose goal was to set up an Islamist on their patients. If some new medicine southeast Texas don’t want the govern- state there and ultimately throughout comes along, it won’t be covered. You ment controlling their health care. But central Asia.

VerDate Nov 24 2008 03:40 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.067 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11270 CONGRESSIONAL RECORD — HOUSE October 13, 2009 We must broaden our focus because Shakespeare said a rose by any other someday he will be listening—is, Mr. the jihad has no borders, and thus our name would smell as sweet. They’re President, cut taxes on the individual, security policy must have no borders. talking about another stimulus bill. cut taxes on business and industry. James Traub recently likened jihadism And everybody in this country knows Give us more disposable income and to Communism without Russia, ex- that the $787 billion stimulus, and with people will buy products. And when plaining that ‘‘its success or failure is interest it’s over $1 trillion, did not they buy products, we will create prod- measured in ideological rather than work. ucts. And when we create products, we territorial terms.’’ That is the threat The President said that unemploy- will create jobs. That is the answer. we face, a threat based not on borders ment would not go over 8 percent. It’s Ronald Reagan knew it, but President but on beliefs. over 9.5 percent right now. And the Obama doesn’t, but maybe he will get Which brings us back to our initial Democrats are scared to death it’s the message before long. question: how can we best keep Ameri- going to go to 10 percent, so they are Where we are heading right now is cans safe from an ideological and bor- coming up with another plan, stimulus, toward a socialist economy, a govern- derless threat? We have sunk billions to get the economy moving so there ment-run socialist economy like the of dollars into Afghanistan, but at won’t be any more unemployment. It Europeans are doing. It hasn’t worked some point we must prioritize our won’t work. It won’t work just taking there; it won’t work here. spending. The reality is we have lim- government money and throwing it at Mr. Obama, Mr. President—if I were ited resources, measured both in lives the problem. It creates more deficits, talking to him, I hope he will listen— and tax dollars, and we must expend it’s going to cause more inflation down cut taxes. Do what Ronald Reagan did those resources carefully and prag- the road, and it’s going to cost higher and you will solve the problem. matically. taxes, but it’s not going to create jobs. f ‘‘The problems of this world are deep- The thing that creates jobs is giving The SPEAKER pro tempore. Under a er, more involved, and more stubborn Americans more disposable income in previous order of the House, the gentle- than many of us realize,’’ said George their paychecks. The thing that cre- woman from Ohio (Ms. KAPTUR) is rec- Keenan, scholar and diplomat, in a 1949 ates jobs is for businessmen and indus- ognized for 5 minutes. speech to the Academy of Political try people to have more money so they (Ms. KAPTUR addressed the House. Science. ‘‘It is imperative,’’ he contin- can buy more equipment and more Her remarks will appear hereafter in ued ‘‘that we economize with our lim- plants so they can produce more prod- the Extensions of Remarks.) ited resources and that we apply them ucts that people can buy. And then the where we feel that we will do the most employees, because they have more f good.’’ money because their taxes have been SAY ‘‘YES’’ TO INTEGRITY IN THE If pouring a large portion of our pre- lowered, can buy it. That’s what Ron- NFL, ‘‘NO’’ TO RUSH LIMBAUGH cious resources into Afghanistan will ald Reagan knew. keep Americans safe from another ter- The SPEAKER pro tempore. Under a b 2000 rorist attack, then it is an unquestion- previous order of the House, the gentle- able investment we must make. But Ronald Reagan cut taxes when he woman from Texas (Ms. JACKSON-LEE) the reality that we are battling a came in. We were in a very bad eco- is recognized for 5 minutes. worldwide network of jihadists might nomic time back in the early eighties. Ms. JACKSON-LEE of Texas. Madam require us to step back and reassess A lot of people don’t remember that, Speaker, this is the value of democ- our priorities. but they were very bad coming out of racy: differences of opinion. And, If we are ever to achieve our objec- the Carter administration. So he came frankly, I believe that this govern- tive of keeping America safe, we must, in and they said, You’ve got to raise ment, this majority is on the right as Mr. Keenan suggests, apply our lim- taxes. You’ve got to throw money at it. track. We were in an emergency, a re- ited resources where they will do the And he said he thought we ought to do cession that has continued for a period most good. Where that exactly is, we just the opposite. We ought to give peo- of months. Even as we watch Wall have yet to determine. But we must be ple some of their money back by low- Street bounce back, we know the pain careful of basing our strategy on bor- ering taxes. We ought to give business of Americans who have suffered the ders, when the enemy we are fighting is and industry some of their money back loss of jobs. borderless. so they can invest more, and that It is important to note that history f would create a rising tide that would is at our back; for if FDR had not been The SPEAKER pro tempore. Under a raise all boats. And you know what? It aggressive and taken risks to invest in previous order of the House, the gen- did. And it created the longest period programs that generated jobs, maybe tleman from North Carolina (Mr. of economic expansion in the history of not the type of focus of the 21st century but the WPA, who put our grand- JONES) is recognized for 5 minutes. this country. (Mr. JONES addressed the House. His Now, today the President wants to fathers and some grandmothers to remarks will appear hereafter in the solve the problem by taking taxpayers’ work, allowed young men who were Extensions of Remarks.) money, raising taxes, coming out with able to come back from World War II new programs that are spending bil- to be able to have an opportunity to f lions of dollars and then throwing then grow a capitalistic society, the THE STIMULUS LABEL MUST BE money at it. It will not work. If they boom of the 1950s, when those young SHUNNED come up with another stimulus pack- men and young women married and The SPEAKER pro tempore. Under a age and they throw all of this money at created families and built homes. previous order of the House, the gen- it that we don’t have, we will have to And so it is important to have the tleman from Indiana (Mr. BURTON) is print more and we will have inflation facts. And I would say to you that the recognized for 5 minutes. because of it, and that will raise taxes. jobs data which we are collecting says Mr. BURTON of Indiana. Madam Then the unemployment rate will con- that jobs have been created, important Speaker, I was reading the Roll Call tinue to rise because people won’t have jobs. Thousands and thousands of newspaper today, and on the front page disposable income to spend. And many teachers have been able to be retained it says, ‘‘New Economic Plan Weighed, of them will be losing their jobs be- to educate our children. We have had a But ‘Stimulus’ Label Shunned.’’ It cause businesspeople will be cutting number of others in various agencies says, ‘‘Democrats are scrambling to de- back and laying people off or going off- that we have been able to keep, and fine a new plan to boost the economy shore. those jobs then generate into the pri- as unemployment hurtles toward dou- The fact of the matter is raising vate sector. ble digits, after months of insisting taxes right now, throwing more tax- I am often well aware that there are that talk of another stimulus package payers’ money that we don’t have at different economic perspectives, but was premature.’’ the problem, will not solve it. The Paul Krugman has a note, not nec- Just don’t call the as-yet-unwritten thing that will solve it, if I were talk- essarily the full article that I hope to new proposal ‘‘stimulus.’’ ing to the President—and I hope maybe associate myself with, but it says,

VerDate Nov 24 2008 03:40 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.068 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11271 Pressure to scale back efforts to sup- ing young people together and looking beaches, our coral reefs, and other pre- port the economy from those fearful of at values that are not political, that cious ecosystems. As a Member of Con- a sliding dollar should be ignored. are simply about us getting along as a gress who proudly represents the Flor- We are going to have to take risks. It Nation, being admired by the world for ida Keys, I have consistently fought for is not a perfect system, but we are con- having a great sporting community, if increased Federal action to protect our templating what will create more jobs. you will, whether it’s baseball, basket- environment. For example, our Florida I believe it happens to be infrastruc- ball, football, soccer, tennis, golf. Keys National Marine Sanctuary is a ture and transportation, and we are That’s what it’s about. world-renowned institution, and we looking at those issues. So know the NFL owners, have some integrity. I have beautiful coral reefs that are a facts. And we will have the facts be- think you need a different owner team. major economic engine for our local cause we are collecting data from all f economy. the States to be able to make the point Last month, the House of Represent- The SPEAKER pro tempore. Under a that jobs have been created by this atives passed the Coral Reef Conserva- previous order of the House, the gen- stimulus, and we know that we can do tion Act, a bill that I cosponsored. This tleman from Texas (Mr. GOHMERT) is more. bill increases Federal oversight of recognized for 5 minutes. Let me finally move to another topic coral reef monitoring and rehabilita- (Mr. GOHMERT addressed the House. and offer my thoughts, even though I tion efforts as well as promoting com- His remarks will appear hereafter in believe in the First Amendment and munity-based conservation initiatives. the Extensions of Remarks.) the right to freedom of association, but In addition to conservation efforts, I I stand with the NFL Players Associa- f am working with my colleagues here in tion, not to make Rush Limbaugh any MONROE COUNTY, FLORIDA, Congress to support the Aquarius Un- kind of national standard or a national COMES TO WASHINGTON derwater Sea Lab, which is based in hero or the national issue. I will let my Key Largo. Aquarius is the only perma- friends on the other side of the aisle de- The SPEAKER pro tempore. Under a nent underwater lab in the world, and termine what he is and what he is not, previous order of the House, the gentle- its facilities are used in partnership but I know that he is not the kind of woman from Florida (Ms. ROS- with NASA and the Navy to train as- owner that the NFL needs. LEHTINEN) is recognized for 5 minutes. tronauts, divers, and to develop cut- He does not represent the fullness of Ms. ROS-LEHTINEN. Madam Speak- ting-edge technology. I have been in appreciation of athletes of all diverse er, this week, a delegation of Monroe contact with officials at NOAA to voice backgrounds no matter what he wants County elected officials, led by Mayor my strong support for the continuation to portend to say on his radio station. George Neugent, will be traveling here of this important program, Aquarius, But he is one who is divisive. Just as to Washington, D.C. In addition to which is of great benefit to the sci- they are about to select him as a judge meeting with Members of Congress, the entific community and to our local for a Miss America contest; I can’t un- Monroe County delegation will also economy. derstand that, but that is their choice. meet with senior officials at FEMA on During this time of economic uncer- Maybe they think he will bring in mil- the issue of downstairs enclosures. tainty and volatile gas prices, it is lions of listeners. But can you imagine I have met with middle class home- more important now than ever that we a poor girl, scared already, to be able owners in the Keys who are unable to reduce our dependency on foreign oil. to ask a question about the person she secure flood insurance because of their The foundation of a comprehensive en- admires most and she says somebody downstairs enclosures. These home- ergy policy depends upon our ability to that happens to be a different political owners utilize this additional living develop alternative sources of energy. affiliation, she is, of course, not a win- space to house an elderly resident, a In Congress, I have been a consistent ner. But that’s their decision. family member, or to provide afford- advocate of green energy initiatives. I NFL has become one of America’s able housing to others. No one can af- voted to raise national fuel economy pastimes. All of us from all walks of ford to be without flood insurance in standards for our automobiles and es- life and economic backgrounds look at the Florida Keys. And since an inspec- tablish a Federal renewable electricity the NFL. I know that there are far bet- tion is required before any current standard. I have also voted to increase ter owners that could be selected than flood insurance policy can be renewed, tax incentives for small businesses that one package that has this gentleman in many residents are being left to fend utilize energy-efficient technologies in it. I would ask the NFL owners to put for themselves. the workplace, such as solar panels or standards in place, criteria; base it on While the issue of downstairs enclo- hybrid cars. integrity, not just the bottom buck. sures is certainly an important one, The Florida Keys has the potential of Anybody that wants to call a quarter- the state of our economy is the single becoming a major market for green back in Pennsylvania and call him most important issue for Keys resi- tourism, both nationally and inter- out—he happens to be African Amer- dents. In recent months, I have had the nationally. And of course in order to ican—as not being competent, just opportunity to travel throughout the achieve this goal we need to improve somebody that the media has pro- Keys to hear firsthand from teachers, both our transportation infrastructure moted, not being talented—interest- from students, from entrepreneurs, re- as well as our wastewater infrastruc- ingly enough, that football player hap- tirees who are struggling because of ture. pens to still be playing and doing a uncertain economic conditions and a I am proud to say that I have been a great job. I don’t know why in the dwindling tourist economy. I have met leader in securing millions in Federal heck, other than the big dollar, that with commercial fishermen in Key dollars for our roadways, our bus facili- Rush Limbaugh would be interested in Largo who are abandoning their boats ties, as well as for the Florida Keys the NFL. And so we’re not interested in and leaving their lifetime passion in Wastewater Project. Securing Federal him either. And I would hope—though pursuit of part-time jobs that will at funds for the Florida Keys Wastewater this is not my choice. This is not a gov- least pay the bills. Many of these fish- Project is a top priority of mine in ernment issue as well as it is an issue ermen are unable to make a living be- Congress because we have to protect of integrity for those of us who believe cause of onerous fishing regulations our National Marine Sanctuary from that this is a great sport that brings all and unfair moratoriums. I have met further environmental damage. In the of us together. with small business owners in Key past year, I have secured more than $25 I would hesitate to say that he is not West who are closing down shop be- million toward this project. someone who brings people together. cause of their inability to secure a Later this week, the House of Rep- And I just simply ask those owners to bank loan which would at least carry resentatives will vote on a Homeland do the right thing; have a criteria of them forward until next year. Security Appropriations bill, which in- standards, a bottom line of integrity. The economic success of our commu- cludes funding for a new emergency op- It is not all about the dollar. It is nity rests on the success of our fisher- eration center which will serve all of about the value of sports and team- men and our hotel owners as well as on Monroe County. I know that the need work and working together and bring- the environmental preservation of our for Federal dollars is great, and I will

VerDate Nov 24 2008 03:40 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.073 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11272 CONGRESSIONAL RECORD — HOUSE October 13, 2009 continue to do my part for the Federal health care debate. Small companies Ms. PINGREE of Maine. Thank you funds for the Keys. need a level playing field in cost and very much, Madam Speaker. I am Welcome, Keys representatives, to affordability for their employees. That pleased to be here on the floor tonight Washington. is why Congress should provide the with a gathering of my freshman col- f same tax incentives for small compa- leagues. We thought we would spend The SPEAKER pro tempore. Under a nies that large corporations enjoy. Tar- our hour talking about the very impor- previous order of the House, the gen- geted tax relief would allow more com- tant issue of health care. tleman from North Carolina (Mr. panies to follow the HCSS model for As everyone knows and as everyone MCHENRY) is recognized for 5 minutes. health care for their employees. sees in the newspapers pretty much (Mr. MCHENRY addressed the House. As a result of the wellness programs every day, that is the topic on the His remarks will appear hereafter in at work at HCSS, their company-paid mind of Congress and, certainly, on the the Extensions of Remarks.) annual health insurance premiums fell mind of America. I know, for me, it’s the issue I hear most about back in my f over $600 per employee in 2008 from 2004—$600 per employee over a 4-year district when I’m having a town hall WALL STREET JOURNAL AWARDS period. The company credits this to its meeting or am meeting with constitu- HCSS vast wellness program and to its intro- ency groups—doctors, nurses, practi- The SPEAKER pro tempore. Under a duction of a high-deductible health tioners of any kind—to talk about previous order of the House, the gen- plan, coupled with health reimburse- their concerns about health care. It’s tleman from Texas (Mr. OLSON) is rec- ment accounts to which the company the number one thing people bring up ognized for 5 minutes. contributes $1,000 to $3,000 annually for to me. Mr. OLSON. Madam Speaker, I rise employee and dependent out-of-pocket Certainly today, being from the today to applaud HCSS, a small busi- health care expenses. State of Maine, the Finance Com- ness in my district in Sugar Land, These are important examples of how mittee in the Senate—which isn’t the Texas. HCSS was recently honored by health care costs can be reduced with- House, but it’s also going to eventually the Wall Street Journal as one of the out looking to massive government coordinate it with us—was voting out top 15 small business workplaces in programs to achieve greater coverage their bill. My colleague from Maine, America. In this tough economy, the and lower costs. This is only one com- Senator OLYMPIA SNOWE, voted in favor company that puts employees first is ponent of the debate, to be sure, but it of the health care bill, making herself the one that stands out. can address many of the problems the first Republican to vote affirma- I recently met with Mike Rydin, the small businesses face to provide afford- tively on some of the proposals that we founder and CEO of HCSS, about the able health care to their employees. have before us. While she and I may success of his company, and he said, Mike Rydin has future plans to build differ on some of the policy issues, we ‘‘We try to provide an environment a school to train low-income people all represent the State of Maine, and that attracts and retains top talent new skills so they can become more in- she spoke today about the great ur- and helps keep employees happy. Hir- tegrated parts of the communities in gency of passing a piece of health care ing top talent that loves coming to which they work and live. legislation. That is certainly of great work allows us to provide topnotch HCSS has the kind of innovative and concern to us, so I am glad we have an software and service to our cus- entrepreneurial vision to provide hour to talk a little bit about it. tomers.’’ wellness and a comprehensive work en- There is such a range of issues to HCSS was one of nearly 630 private, vironment that America has always re- talk about. I know I want to mention a nonprofit, or publicly held organiza- lied on to find solutions to our bigger little bit about some of the concerns tions across the country that were problems. I am proud of HCSS for their about insurance companies and the im- nominated for this prestigious award. recognition as a top small workplace in portance, at least for me, of voting for According to the Wall Street Journal, America. This is the first Houston area a plan that has a very robust public op- they select employers that foster team- company and only the second in the tion. Before I turn it over to one of my work, flexibility, high productivity, great State of Texas that has been rec- colleagues, I just want to tell a couple and innovation, while also helping ognized with this award. of quick stories about the issues that their employees grow personally and Washington would do well to look at we have been facing in the State of professionally and providing benefits how small businesses like HCSS are Maine. that improve lives and communities. achieving the results that we seek. Of- Like a lot of States, we have a very HCSS has taken a hands-on approach tentimes, the great ideas come from small number of insurance companies. to wellness for their employees that the small innovators. Many States find that 70, 80, sometimes more than 90 percent of their should serve as a model for private-sec- f tor solutions to our Nation’s health market is all taken up by one insur- The SPEAKER pro tempore. Under a ance company. I’m sure Representative care problems. previous order of the House, the gen- TONKO from New York has some stories b 2015 tleman from South Carolina (Mr. ING- to talk about this as well and just HCSS recently opened a new Sugar LIS) is recognized for 5 minutes. about the issues that we have about Land headquarters, which includes a (Mr. INGLIS addressed the House. why we need more competition in the one-third-mile, crushed-granite jogging His remarks will appear hereafter in market. trail, an exercise room, a game room, a the Extensions of Remarks.) Interestingly, in Maine, our Attorney gym with a basketball court, and a f General has just entered into a very putting green. The company also pays The SPEAKER pro tempore. Under a fascinating case with Anthem Insur- fitness and wellness trainers to counsel previous order of the House, the gen- ance Company. Anthem is one of the employees on nutrition and exercise, tleman from Indiana (Mr. SOUDER) is few companies that does business in and it offers on-site yoga and Pilates recognized for 5 minutes. the State of Maine, and they recently classes. (Mr. SOUDER addressed the House. asked for a rate increase. I think they Each year, all employees are eligible His remarks will appear hereafter in asked for 18 percent. The State granted to receive $100 for each good result in the Extensions of Remarks.) them 11 percent. They turned right an annual health screening, such as f around and sued the State of Maine, good cholesterol levels, not smoking and said, You know, if you’re not going and moderate body mass index. HCSS HEALTH CARE to give us what we need, we’re going to recently contracted with a company The SPEAKER pro tempore. Under have to sue you on this. I’m just look- that will provide employees doctor the Speaker’s announced policy of Jan- ing here through my papers. consultations over the Internet right uary 6, 2009, the gentlewoman from I have some interesting information there in the HCSS offices. Maine (Ms. PINGREE) is recognized for about just how much profit this par- A focus on employee wellness should 60 minutes as the designee of the ma- ticular company is making, and I will be part of the solution to our Nation’s jority leader. come across it in a minute here.

VerDate Nov 24 2008 03:40 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.075 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11273 What really struck me as profound is The refusal to renew coverage if you the $15,000 or $30,000 in medical bills that many of my constituents’ sto- become ill is another obstacle in the that they’d have to pay to get up to ries—as I mentioned, I run into con- way of providing universal health care their deductible. stituents in the grocery store, every- coverage. He told a story about how, when his where I go, and certainly people have Obviously, a big dynamic is changing daughter was born—their newborn been contacting our office about the jobs, perhaps starting up a small busi- baby—there were some complications, challenges of health care reform. Many ness on one’s own. Oftentimes, they are so they thought, well, at least we’ve of our constituents’ stories are about not allowed to happen out there simply got this insurance because, as we the dealings that they have with their because of the concern for the port- know, infant bills in the hospital can insurance companies. As somebody said ability of insurance coverage. Many are go very high if you have to be in the to me recently, you know, insurance is losing their jobs, and so 14,000 per day, neonatal unit or anything else. Well, it great until you need it, and then 9 if not more, are losing health care in- turned out that his wife and daughter times out of 10, you find out that your surance because of the loss of a job. both had some medical issues, and they company isn’t there when you need it. The list goes on and on. Making cer- had gotten a specific rider when they’d Now I want to tell a couple of stories tain that there are no co-pays for pre- gotten the health care plan, but it about what I’ve heard from my convention and wellness programs, these turned out that it only covered their stituents. are concepts that are sound insurance daughter and not his wife. By the time Representative TONKO, perhaps you’ll reforms that can strengthen the sys- they brought their baby home, they want to weigh in on this conversation. tem. were $15,000 in the hole because of Then we can go back and forth a little Those who want to provide this mes- issues that had come up with his wife bit about what we’re hearing. sage of doom and gloom and who want during childbirth, so they had to take Mr. TONKO. Absolutely. to use fear tactics are only taking us money out of their 401(k), and they had Thank you, Representative PINGREE, off track of what ought to be a very fo- to borrow money on their credit card. for leading us in this hour of discussion cused discussion on what needs to hap- They are just hoping that nothing else because there have been many ele- pen, because most world-leading na- happens because they’d have to still ments of fear that have been intro- tions offer a tremendous health care pay another $15,000 in their deductible. duced into the dialogue, into the dis- policy, and this country is in need of Well, that’s a great example of people cussion—into the debate, if you will— that reform. We have been talking who think they have health care cov- that have been intending to, perhaps, about it for decades. Now is the time erage. They thought they got a special mislead and misinform, and that is not for action. rider to make sure that pregnancy, what America needs right now. Ms. PINGREE of Maine. Will the gen- childbirth—everything—was covered. It America needs a thoughtful, very tleman yield? turned out it really wasn’t there when meaningful discussion on health care— I just want to weigh in with a couple they needed it. I don’t know about you, how to provide for certainty for our of thoughts about that. You’re going but I hear about so many different peo- business community with predict- through the litany of why we think it’s ple who go to look at their insurance ability in their insurance costs—be- so important to reform the insurance policies and realize that there are all cause I do believe most employers want market, and so many of the things that kinds of hidden issues or their insur- to cover their employees with a sound, you talk about are, again, the very ance companies just say, ‘‘Sorry. We basic health care plan. So we also need things that I hear about from people. don’t cover you.’’ That’s just some- stability and security. The issue I heard someone say the thing we have to stop. I think I would share with you the other day was ‘‘job loss.’’ Job lock. You Mr. TONKO. Absolutely, there is a sentiments that we need insurance re- know, people will say to me, I am confusion that exists out there, even form to address the concerns of Amer- ready to start my own business, but I with a lack of standardized forms, ica—and not just for the uninsured and don’t dare leave my job because I can’t which is another tool that’s used. So underinsured. This discussion is as go without the safety net, and I cer- there is this confusion. much about those of us who have insur- tainly couldn’t afford to pay for these There is this, I believe, deliberate at- ance in hand. The stability and the se- health care costs at this moment in tempt to make certain that there is a curity of that plan is at risk, so we time. winner in this equation, and it cer- need to go forward so there is no dis- I want to read you a little bit that I tainly isn’t the health care consumer. crimination for preexisting conditions. heard from a constituent recently, So many have been concerned about I have heard, and I am certain you someone from York County, which is government standing between the pa- have and our colleagues have heard in the southern part of my district, who tient and the doctor when, in fact, the freshman class and beyond in the told the story that very much echoes what we have today is the insurance greater audience of this Chamber. We what you were just talking about. company standing between patient and have heard from constituents about the He was self-employed. He had a busi- doctor, where they are limiting. That’s horror stories of premium increases ness he’d been doing for 10 years. His why we’re asking for reforms here over a short span of 2 years. I’m think- wife worked for a small nonprofit, and which do not allow for cost caps on ing of a story where there was a 37 per- the nonprofit wasn’t able to afford her what insurance companies are required cent increase over 2 years, which was health care coverage, so they did what to cover. We don’t want them to be the situation for a couple, a married a lot of people do, I find. They went to stingy when it comes to providing the couple, where the wife of that couple Anthem, which is the insurance com- health care, especially in prevention had been impacted by a catastrophic pany that we’ve been talking a lot and wellness modes, which are so very illness. They were left then, Represent- about in my State, and their family of absolutely essential. ative PINGREE, with $18,000 worth of three—they have a 2-year-old daughter There are out-of-pocket expenses. medical bills. It is a growing dynamic now—got an insurance policy that cost You talked, Representative PINGREE, of bankruptcy for our American fami- them $400 a month, but it also had a about the deductibles that this family lies. Health care costs are driving fami- $15,000 deductible. in Maine had to absorb. We don’t want lies to the edge with bankruptcy. Now, I hear about so many people that unlimited in nature. We want caps We are also in need of reform that who have this $15,000 in their deduct- on what is required of our families out will make certain that there is no ible. It’s really just kind of insurance there—our working families across dropping your coverage simply because for keeping your home. As you men- America—and we certainly want to you become ill. That has been a game tioned, it will keep you from going to make certain that the co-pays, espe- that has been played on our health care bankruptcy court. cially in catastrophic situations, are consumers in this country. It needs to So their $15,000 deductible actually capped for individuals and families. stop. Our conference, our House, wants amounted to a $30,000 deductible for This is a great bit of service that we to make certain that those are some of their family. Basically, they just hoped can provide. the conditions that are brought about that nothing would ever happen, be- These whole trite sayings that we’re in the insurance reform. cause they didn’t have the cash to pay bringing in a Halloween response and

VerDate Nov 24 2008 05:18 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.079 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11274 CONGRESSIONAL RECORD — HOUSE October 13, 2009 all of these individual statements that our town hall meetings—and many of knew a lot about the business side. As don’t really get to the heart of the them were so vociferously opposed to a consumer I knew about health care. I matter are disheartening. It’s discour- any reform, many of them were for any had been on the board of a nonprofit re- aging that there isn’t that academic reform and some of them were in the lating to health care in Colorado. exchange here. middle. The one thing I tried to leave But to get down into the weeds and Where is the counteroffer in this the people that were opposed to reform have this historic once-in-a-generation House? We have had plans out there for with was if you are going to oppose opportunity to make a real difference months. We’ve been talking about this set of health care reforms, fine, in the lives of Americans is what public things, bringing them to hearing, hav- but please oppose it based on some- service is all about. That’s why I join ing forums across the country. There is thing that’s in it versus something you in being excited about this tremen- no alternative that’s being offered. that’s not in it. Because how frus- dous opportunity that’s before us at Maybe we heard things about status trating is it to have to deal with this point. quo and leaving it as it is. Well, we mischaracterizations and, indeed, lies Ms. PINGREE of Maine. I am pleased even offer a capitalist model. We offer about the actual content of the bills to see that we are joined by our col- competition in an exchange that’s de- that we are debating. league from Wisconsin, Representative veloped in our bill to make certain With regard to whether, in fact, there and doctor, if I am correct, STEVE that there is the hardiness of a robust, are Federal subsidies that go to our un- KAGEN. competitive model that is, I think, ‘‘all documented population. No, there Mr. KAGEN. Well, it’s a great honor American’’ in its keeping. aren’t. There is not even room for dis- to join you here on the floor to talk cussion there. I, personally, would like about health care and about making b 2030 us to do more for our undocumented progress, making progress where for Ms. PINGREE of Maine. Absolutely. population in this bill. We are not. We nearly a century, since 1910 when That is why we are here tonight really are going to deal with that through Teddy Roosevelt first suggested the to be able to engage in this robust pub- comprehensive immigration reform, idea that we should have some kind of lic debate. which I am a strong supporter of, next national solution for health care, we Mr. TONKO. To dispel some of the year. are finally taking up this conversation. myths and to cast aside the misin- With regard to death panels, there As Mr. POLIS mentioned, this is the formation. The American public de- are none in this bill. I have constitu- most important conversation we are serves better than that. ents contacting me. They have heard going to have this century. So we are Ms. PINGREE of Maine. Absolutely. I these things on right-wing Web sites. taking our time. We are going to get it think first and foremost to be talking They have had people email them to right. We are going to fix what’s bro- about the real issues. them. ken; we are going to improve on what We are also joined tonight by another I had one contact me yesterday say- we already have and make sure it’s at freshman colleague, Representative ing the government is going to send a price we can all afford to pay. Where JARED POLIS from Boulder, Colorado. people to my home to look at my kids, I come from, having practiced medicine Mr. POLIS. I thank my colleagues because they had a complete for 33 years, I am always focused on the from Maine and New York. I was lis- misreading of some part of the bill that patient, much like we are all focused tening to your discussion, and it struck had to do with funding for State pilot on our constituents. And you can imag- me how many of us, yourselves in- projects for home visitation, for people ine how I felt when my patients cluded, other Members, not only of the who want home visitation to help them couldn’t afford their prescription newly elected freshman class—but with their health issues. This is infor- drugs. other Members of Congress—had town mation out there that is really not a Now, what good is it to be a doctor if halls, listened to our constituents. We, credit to this honest public discourse you are writing a prescription that the in fact, heard some good ideas from and debate, which my colleague from patient can’t handle financially? folks back home, and I think we are New York alluded to, which is critical What’s wrong with a system where we working to incorporate those into the to have to come to a solution with re- continue to allow the Wall Street cor- newer versions of the bill. gards to reducing costs and improving porations that run health care today to One that a number of folks brought health care outcomes. discriminate against people because of up in my meetings, and I know I wasn’t I am optimistic. The signs out of the the way they are born or because of a alone, is why don’t we encourage some Senate today are that this is truly offi- preexisting medical illness? interstate competition. I know that cially, not only in name, but, indeed a I will submit to the jury, if you were there are certain concerns that some of bipartisan effort, as it should be, some- a jury, this little piece of evidence: I my colleagues have addressed about thing of this magnitude. We are taking won’t mention the insurance company, that with regards to how that might af- our time, and we are doing it right. We blank has great news for people who fect certain States, but there are ways are 4 or 5 months into a debate that buy their own health insurance. They that we can encourage, not create one will take another month or two to have got something for you, all right. level of Federal standards, but encour- reach culmination. Again, there is no But then on the inside, I am going to age States to enter interstate com- veracity in people saying this is being read it into the RECORD: ‘‘Important in- pacts to reduce the barriers of entry rushed through in any way, shape or formation about preexisting condi- and bring down insurance costs. form. tions. Although we make every effort The other thing I was struck by, and I told my, again, constituents in Col- to extend coverage to all applicants, this has also been alluded to, was the orado our United States Congress has not everyone will qualify. If you have ill will on the other side. Rather than spent more time on health care reform had treatment for any of the following trying to get to ‘‘yes,’’ it would seem than our legislature of Colorado meets conditions, you may not qualify for the like there are many in our country for an entire year. They meet for about coverage being offered: AIDS/HIV, alco- that are trying to stay at ‘‘no,’’ trying 41⁄2 months to consider every single hol or drug dependence, cancer, chronic to stay at a ‘‘no’’ that is too costly, issue that the State of Colorado faces. obstructive pulmonary disease (COPD), both in lives and money for our Nation Our United States Congress, and many connective tissue disorder, Crohn’s dis- to endure. There is plenty of room, as of us who come to Congress from a ease, diabetes, emphysema, heart at- demonstrated, as again my colleague wide variety of disciplines, have had tacks or stroke, hepatitis (chronic) or from Maine indicated, by her Senator the time to become experts in health liver disease, inpatient emotional or today, in coming to the table, around care. mental illness, organ or tissue trans- common solutions that Republicans That’s something that we owe our plant, ulcerative colitis.’’ and Democrats can agree on. But it’s constituents. I certainly know a lot It goes on to say: ‘‘You should also be critical that we approach this issue more about health care than when I aware that we may not be able to pro- with the goal of getting to ‘‘yes.’’ first got here. I had been expert in edu- vide coverage to individuals who are Another thing, when I had people, cation, had run schools, been on a severely obese, severely underweight or just like other Members of Congress at school board. I had started businesses, who are undergoing or awaiting results

VerDate Nov 24 2008 03:40 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.080 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11275 of diagnostic tests, treatments, sur- discrimination, complete, complete jobs, they found that they were ex- geries, biopsies or lab work. We cannot openness in transparency and pricing cluded from the health care system. offer coverage to expectant parents or and a standard plan. As a mother, I can’t think of any- children less than 2 months old.’’ I think we are making progress; I thing more terrifying than to have And here the closing sentence: ‘‘This don’t think we are there yet. I think your daughter come home telling you list is not all inclusive; other condi- we are going to make that progress that and knowing that they didn’t have tions may apply.’’ and, in my limited experience as a Con- health care and how were you going to I am so proud to be working with the gressman, more so as a physician, this make sure that she got the care that President who understands that this place doesn’t work well when it hap- she needs. It’s a story that I hear time form of discrimination has got to come pens very fast. and time again. to an end. That is why in the House bill I am very pleased that we are taking A small restaurant owner, whose wife and every version we have seen, that is our time to get it right. I look forward has lupus and that the insurance com- why in every Senate bill, there is the to finding Republicans, Independents, panies have priced their small group language that will bring an end to this Democrats, and, yes, the Libertarian out of his ability to pay. As a result he form of discrimination. people that are here in this House to was losing one of his key employees to What we are about to do is very his- vote for a bill that moves us down the somebody else who could get health toric. We are going to apply our civil road. care for her. rights that we fought so hard for in the Ms. PINGREE of Maine. It’s wonder- 2045 1960s to the health care industry. No ful to have both your experience as a b longer will any kind of Wall Street cor- physician and also your experience in Another small businessperson who poration be allowed to discriminate the House in moving forward on these had had a heart attack, this person is a against people, not because of the color issues. I know you have been working little bit older than the young woman of their skin, but because of the chem- very hard. I talked about, but his small business istry of their skin. Not because of what I just want to mention that we are was hurting. Because of that experi- they are thinking, nor on the basis of also joined here tonight by MARY JO ence they have been rated so high that how they think, the chemistry of their KILROY from Ohio, who is another new they are having a harder and harder mind. member of the House. Being from Ohio, time paying for health insurance for In my mind, bringing about no dis- I know you must have a lot of constitu- himself, his family and his employees. crimination in the health insurance in- ents who are worried about economic It is a critical issue in my community, dustry, in health care throughout this issues and jobs and making sure that and we can address this key issue of country will transform our economy, they have that all-important insurance ending discrimination against people because it will begin to lower prices for coverage and are able to keep their with preexisting conditions. everybody, making it possible for small jobs to have it. It is not just these stories, these ex- business, the real economic engines of Ms. KILROY. I appreciate this oppor- periences that people have told me America, to employ people to be more tunity and thank you for your leader- about. I have also heard it from our De- profitable and to move our economy ship in bringing us together tonight to partment of Insurance commissioner. out of this economic ditch we find our- talk about how health care issues af- She tells me that in the State of Ohio, selves in. But there are three things fects our districts and what we are she has got a single-spaced list, three that must be in this bill, number one is going to do about it. I have heard some columns, three pages long, of various no discrimination against any citizen of my colleagues, Representative conditions that the insurance compa- due to preexisting medical conditions. POLIS, talk about people being con- nies have used to deny Ohioans cov- If you are a citizen, you have to be in cerned that we are rushing this erage based on a preexisting condition. the risk pool. You have to be in your through. I think we have been taking Some of them you have heard from, Dr. neighborhood. quite a bit of time, dedicating hours KAGEN, but some of them are also pret- Secondly, there should be complete and hours of time in committee hear- ty absurd. transparency of all prices in health ings, in caucus meetings, in markups, For example, acne was on that list. care. Openly disclose all the prices at on this issue of health care. And today, if you saw some of the news the hospital from the insurance cov- In my case, in my own district, I on television, you saw a baby that erage, openly disclose the prices at the have been holding health care meet- looks like the stereotypical Gerber doctor, the dentist, anything that’s ings, round tables, discussion groups, baby, in the 90th percentile on height health care related, be it a product or getting input from my constituents and weight, excluded from health care a service. Show me the price. Please since February. Every time I go back because the insurance company decided openly disclose your price and then ac- to the district, meeting with doctors, that this baby, this perfectly healthy cept from anybody at your store as meeting with nurses, other kinds of baby, had a preexisting condition. They payment in full the lowest price you health care professionals, talking to determined that that baby was, quote- charged and accepted as payment from school nurses, talking to small busi- unquote, obese. The absurdities that anybody else. The lowest price should ness and holding the small business the health care industry has used to become everybody’s price. round table about what they are going exclude coverage from people who use The third thing that we need—and through with respect to health care, it, who need it, is why we have health hopefully it will be in this next version and it’s very clear to me that this is an care. that we are going to see shortly we issue that needs attention. It’s a prob- This is a very personal issue. If I have to establish a standard health lem, but it’s also a problem we can were to not work here in a situation care plan—a standard plan such that solve, we can solve working together. where there was group coverage that I Humana, United, CIGNA, Aetna, Blue I also, listening to Dr. KAGEN on the could buy and pay for on an exchange Cross, WellPoint, whatever point, issue of preexisting condition, couldn’t like we have here in Congress, whether whatever insurance company are you agree with him more. Many of the sto- I left this job voluntarily or involun- are, when you are selling the same ries that I have heard at those various tarily, I don’t think I could go into the basic standard plan within a very large health care meetings and round tables private market and buy an insurance risk pool, you have to show me your involve people with preexisting condi- policy for myself, because I have a pre- price, and we will begin to have com- tions, and there is this misconception existing condition called multiple scle- petition where insurance companies that young people don’t get sick. It’s rosis. are going to compete to the lowest only the older people who are the ones So there are so many people and price and the highest quality. that really use health care. But I dis- many women, men also, who are ex- We will finally be able to compare covered at several of these round table cluded for this problem, and now we these corporations, apples to apples. meetings situations where young find out it is even babies. So we could That’s the moment I think we will women, in this case, had received diag- fix this. really see the benefits that we need. noses of cancer. Because they were self- Mr. TONKO. Representative PINGREE, Improve the quality at a lower cost. No employed, because they were between I can’t help but wonder if that isn’t the

VerDate Nov 24 2008 03:55 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.082 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11276 CONGRESSIONAL RECORD — HOUSE October 13, 2009 most classic and bold example of cher- Avoiding the 21 percent cuts to phy- important things that we can do to ry picking. When I listened to Rep- sicians is an enhancement. Making cer- make small business competitive in resentative KAGEN list that number of tain that we provide these new models this country is to reform health care. conditions, preexisting conditions, it for efficiency; effective use of dollars; The brunt of our health care system excludes a great part of the populace making certain that home models, falls on small business. Frequently for out there. The time for these games is medical home models, can be utilized, the same coverage, they pay more than over. these are good concepts. And we want large businesses. If they have some- We talk about so many of the people to go forward with the sounder Medi- body in a small risk pool who has a that might be impacted by these pre- care situation, especially with the problem or has a preexisting condition, existing conditions, from toddlers, over coming of the baby boomer generation. they might be paying three or four to middle age, and yes, even to our sen- Everyone has talked about that. We times as much even for their healthy iors. need to make that part of our plan. It employees because of their small risk When I was in the State assembly in is part of our plan, where we provide pool. New York State for 25 years, for the stability and solvency for Medicare. We are joined today in the House gal- longest time I represented the largest Ms. PINGREE of Maine. I want to lery by a small businessman from my per capita senior population of any as- give a few minutes to my colleague congressional district. Mr. Wayland sembly district of the 150 in New York from Colorado, but in making this Lewis, who is with us here today, runs State, so I would hear routinely from transition I just want to say when we a small online publishing company. seniors. I hear from those same seniors stand around and talk about the possi- What a difference affordable health now in this congressional district, and bilities when people share their indi- care would make to him and the count- there is concern. There is concern vidual stories like Representative KIL- less small business people like him about where their future is going with ROY has here, I get very excited think- across the country that are the back- health care reform. ing about the prospects here. bone of the American free enterprise Well, let me remind all of our seniors You mentioned it earlier. Sometimes system, for them to have access to ex- out there, this whole process here in we are bombarded from the other side changes, the same way we here in Con- the House is about providing stability and the talk show hosts and everyone gress do, the same way that big multi- to Medicare. That is an audience that else who just try to use scare tactics, national corporations do, one large is critically valuable to this country, build up fear in our constituents and risk pool, no discrimination based on people who worked through their life- seniors and others. But I get excited the preexisting conditions in a small times and now deserve—I think it is an when I think about, wow, we could risk pool, and also some tax credits, by American right—quality health care. really reform the system. We could do the way, for providing health care for When people talk about fear tactics, something around access to health care their employees. What a difference telling people that your Medicare cov- that people have been talking about that would make and what a job-cre- erage is going to be weakened, let me doing for decades, and this could be the ation engine in this time of recession, remind everybody that the cuts in Congress that really starts making to have that vote of confidence in our Medicare were up to 21 percent for next those steps forward. small businesses and allow them to do year for our medical community. This I think that is why we are all stand- what they know is right. bill stops that. Our bill, our final pack- ing here tonight and working so hard When I talk to small business people age, will stop that sort of cut. Those on this, because we see the possibilities in my district that don’t provide insur- payments to physicians would have put here of really changing people’s lives ance, it is not because they don’t want the doctor-patient relationship at risk. and ending some of these ridiculous to. It is not because they don’t feel It would have reduced accessibility for stories that we have been hearing. they could be more competitive in at- our Nation’s seniors. We will avoid Mr. POLIS. To build upon what Rep- tracting employees if they did. It is be- that cut. We will provide stability by resentative KILROY and Representative cause they simply can’t afford to under addressing the solvency of the trust KAGEN said with regard to the critical the status quo. That is one of the fund for Medicare. nature of preventing discrimination major tenets of this reform: Making We will go forward and close that based on preexisting conditions and ex- America healthier, costing less, and, doughnut hole. No one, these critics clusions based on preexisting condi- yes, providing the same kinds of advan- about this process, about the proposals tions, it is important for those watch- tages for small and medium-sized busi- that we have put forth to the American ing us today to know that that is in all nesses that big multinational corpora- public, the critics that are there now, four bills—sorry, all five bills. There tions have had all along, and being able especially in the political arena, where are five health care bills; two in the to offer health care and security for were they when we played games with Senate, both of which have cleared the families that work for them. the pharmaceutical industry and cre- committee, and three in the House, all Ms. PINGREE of Maine. Thank you ated a doughnut hole where coverage of which have cleared committee. for your thoughts. stopped automatically and then re- Every single bill, any of the health We are lucky to be joined freshly off sumed later after we have again im- care reform proposals that is at all the podium by our colleague from pacted financially our senior popu- consistent with President Obama’s Pennsylvania, Representative lation? principles and our principles here in DAHLKEMPER, who I know has been You talk to seniors, many of them the House as well as the other body working very hard on this issue in a naturally are in need of medications, of would make that basic major change, variety of ways. pharmaceutical requirements. Why we that no longer would people be ex- Mrs. DAHLKEMPER. Thank you, would exhaust them financially for cluded based on preexisting conditions Representative PINGREE, for allowing that basic core need of health care is or would those conditions be excluded. me to join you and my other colleagues beyond me. No one talked about that I applaud Representative KILROY for here tonight as a fellow freshman. This pricetag. No one talked about the bil- sharing her very powerful personal is certainly an historic time for us to lions of dollars we were going to cost story. It is a personal story that is all be new Members of Congress, as I think the public and what we paid to the in- too common. Later on tonight, in we are working on probably the most dustries to do that. about an hour and a half, I will be shar- important piece of legislation that we So there is a chance here to turn that ing a couple-dozen personal stories will probably ever take up within our around and close that doughnut hole. I from Colorado with members of the time here in Congress, something that don’t know what we are going to call public with regard to the travails that touches every American, something it. A jelly donut? We fill it with good, many of my constituents have had that touches every one of the constitu- you know, so that people can then have with the health care system, many of ents in our districts. the kind of health care and the phar- which relate to discrimination based I, like so many of you, spent my en- maceutical needs will be addressed. on preexisting conditions. tire August going out and talking to That is a basic stability enhancement Representative KILROY also discussed my constituents. We, as the freshmen, that is provided with this measure. briefly small business. One of the most were actually a pretty strong group

VerDate Nov 24 2008 03:55 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.083 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11277 that slowed down the vote on this bill. street and got hit by a bus, and just the Many companies can’t afford it, and So when people say that we are rushing cost that this has been to the family of often you lose employees to somewhere this legislation, I say, no, we actually this young man. else where they can go to get that cov- slowed it down quite significantly. But So we are still working on this bill, erage. So you might have a great work- I think that was great, because it gave and I think that is important for the er, and you may lose them if you don’t us time to read the bill, really under- American people to know, that we are find a way to keep them covered, which stand the bill, and, as Representative continuing to work on this bill, to is getting near to impossible with the POLIS said, learn more about health make it better every day so that when rising cost of insurance, as we have care. We all have learned a lot over it comes to the House floor and we go talked about many times. these number of months as we have to vote on this, we are going to be making such significant changes for been here together day after day talk- b 2100 ing about health care. this country, significant changes for When I talk about health care re- these young people, who, as we know, And I often think about my own form, when I am out in my district, I 31 percent of them are uninsured, those State. We’re 38th in per capita income. talk about the fact that it is really a in their twenties. We are going to be The economy is struggling. Our unem- human story, and we all have our sto- making significant changes for our sen- ployment rate is right up there with a ries. One of the most poignant for me iors who are going to have their pre- lot of other States in this country, and was a gentleman who came up to me, ventative services, for example, cov- we’re just hoping that we can start to actually as I was on one of my congres- ered with no copay. We are going to be bring it down. But the fact is, if we sional bike-and-hikes, because I like to making significant changes for our could pass universal access to health really talk a lot about wellness and small businesses, and as a small busi- care coverage, it would be the single prevention, so I am trying to promote ness owner, I know how important this biggest change to my State’s economy that by promoting the great resources reform is. and I certainly think this country’s in my region, bike paths and hiking In Pennsylvania, my State, only 51 economy. areas. So we do these bike-and-hikes. percent of our small businesses cover Mr. TONKO. Representative PINGREE, He came up to me on his bike and their employees with health care cov- I think that obviously there is a lot of said that health care was his number erage, and that is because they can’t discussion and a lot of focus on the one issue. I asked him to explain to me, afford it. As Representative POLIS said, cost. I think across the country, 15 and he told me about the great health it is not because they don’t want to do years ago 61 percent of our small busi- care insurance he had with his com- it; it is because they can’t afford the nesses provided employer-based health pany. He worked for a very large cor- increased costs. care. That’s somewhere below 38 per- poration. But his daughter, when she So I want to thank you for letting cent now. We hear the average cost of me join you tonight and talk about was 20 and she was in college, she was a family plan might be 12,000, 13,000, this very important issue that we are diagnosed with acute myeloid leu- sometimes rising to 14,000, and people continuing to debate and move forward kemia. have seen record profits in the indus- The treatment for that is very harsh. really for the future of this country. I try. You end up being put into intensive am just proud to be down here right We’ve seen and heard about the in- now and proud to be with all of you care, and it really debilitates you as sensitivities here this evening serving and making this happen here. you go through this series of chemo- anecdotally from various Members. Ms. PINGREE of Maine. Thank you You know, Representative DAHLKEM- therapy treatments. She had to drop for adding your thoughts. Certainly out of college. And guess what hap- PER, Representative KILROY, and your- those are themes that we hear about a self have all talked about these infor- pened as soon as she dropped out of col- lot. One is this important point that lege? She was removed from their in- mation tidbits that come our way. But every single day in this Congress there I think what really struck me this surance. are people working on one or another So this is the kind of thing that we weekend was the report that was re- aspect of this bill, trying to put to- see over and over again. That is just leased by America’s health insurance gether all of the good ideas, trying to plans, where they actually worked out one of many, many stories that I have make sure that we come to some form heard, and I know all of you have a study, a report, commissioned a re- of consensus over the variety of opin- port, and they overstated the impact of heard. ions. the Senate finance bill that was voted Today actually it was announced we But your mention of the issue of upon today to overstate the impact on are putting a provision in this health young people who don’t have coverage care reform where young people is a story that we all hear about often, America’s families of that plan. That’s through 26 years, up to their 27th birth- and many of us who had our own chil- one solution that’s out there. And I day, will be able to stay on their par- dren in their twenties have known that found it interesting that the firm that ents’ health care coverage if they don’t tragic moment when they turn 23 or they hired to do the study actually have another opportunity, if they don’t they end college and they are no longer backed away from the report because work for a company that offers cov- covered by your plan. And, as you said, they said they fragmented it so. They erage. As we know, many young people in today’s job market, many young asked them to do just tidbits, portions in those early years, whether they are people don’t have coverage or work for of that whole bill and then use that to going to school, when they get out of a company that doesn’t find them- calculate the impact. school, don’t get that first job that of- selves in a position to cover them. So So it shows us, it tells us something fers coverage, or can’t find a job right it is increasingly an important issue, that we’re on to wringing the cost, the now, as we know many of them can’t, and one I think the people are trying excess cost and the inefficiencies out of or maybe have other things that they so hard to work on. the system to the point where it’s driv- want to pursue. It allows them to stay Also this issue that others have al- ing corporate greed to now respond in a on their parents’ coverage up to their ready brought up tonight, I am also a way that’s manufacturing these price 27th birthday. I think that is a great small business owner, and the cost of tags that are, again, scare tactics to piece. coverage—I heard a statistic in the get us off of just and honest debate. When I was done with the press con- State of Maine that the average cost of And I think that that needs to be ference about this, one of the camera- covering your employees is about equal shared with the American public. The men who had been there told me that to the profit you make in your small tax foundation came out with a plan, a was the best thing he had heard in all business. And that is lucky for some review that said that our health care the years he had been covering the small businesses, if they can even bill will save families, average working news here at the Capitol, because he make as much profit as they are pay- middle class families, $1,900 per year. has a son who works for a very large ing out every year in employee cov- Now, when they came up with this corporation, 19 years old, done with erage. other study, when they fragmented it school, who did not have health care As you mentioned, it is important to out, they didn’t allow for the calcula- coverage. He was walking across the make sure you cover your employees. tion of savings, corresponding savings

VerDate Nov 24 2008 03:55 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.084 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11278 CONGRESSIONAL RECORD — HOUSE October 13, 2009 that are part of the overall huge pack- ing about the public relations offensive wellness and prevention, by not allow- age of reform. And so it was, again, dis- that the health care insurance industry ing for copayments on those elements ingenuous. It was unfair to put some- launched today is another example the of the plan, that’s an important bit of thing like that out there. But it does kind of fear tactics that have been used progress. And so I challenge anyone, tell me, in very bold and noble terms, all summer long regarding this health come in here, talk facts not fiction. that there’s fear out there that finally care debate. This is the latest example Come in here with sensitivity, not in- there may be a balancing of the scales, of it, that it’s going to cost you more sensitivity, and let’s really put this where the public will get their shot at money somehow or other. package together. It’s a work in good health care insurance reform and But we can hold down health care progress. It’s been tremendous. not at the expense of greed that has costs with this bill, and I think the I’m seeing the benefits that the been allowed to run rampant, I think, best way to do that is to have a robust freshmen class has brought to this dis- for a long time. public option to get competition so the cussion. I think it’s uncluttered think- Ms. PINGREE of Maine. I just want Anthems or the WellPoints or the ing. We’ve brought the debate into, I to bring up one tidbit, and then I know UnitedHealthcares or whoever have think, a really good setting so that we that my colleague from Ohio has a cou- something to compete against and that can move forward by adding our voices ple of things to say. But when I first we, as consumers, have something that to this effort, and it’s really a pleasure came to the floor tonight, I was talk- we can go to instead of one of the ex- to work with my freshmen class. ing a little bit about Anthem in our pensive health care plans that use Ms. PINGREE of Maine. Well, thank State which is actually owned by these scare tactics, that raise rates, you so much for being here. I know our WellPoint. And I don’t want to make double-digit inflation year after year hour is getting close to ending, and I any particular insurance company the after year, while making the kind of appreciate your characterizing our villain, but often we’re told, you know, profits that you were talking about, thinking as uncluttered. I have to say why don’t you just leave the system and yet millions of people in this coun- sometimes at night, even the freshmen start to clutter up a little bit. alone, yet day after day we hear about try doing without basic medical care, But I know, Representative insurance companies that cancel your medical needs. We need to stand up to DAHLKEMPER, you’ve done a lot of work that. insurance and a variety of other around this wellness initiative, and Mr. TONKO. And I think, Representa- things. And I had just been mentioning that’s something that I hear about tive PINGREE, I think when we heard a case that’s going on in the State of really across the board from people Representative KAGEN, Dr. KAGEN Maine. who think that’s a great way to hold Maine was asked by Anthem for an speaking about a standard, basic pack- down costs in health care. Many of the 18.5 percent rate increase, and the age that would be required if you want businesses in my State that have State said no, something about 11 per- to participate in the exchange, how adopted wellness programs have really about, you know, the medical loss ratio cent might be more moderate, just try- seen cost reductions, and I know you that has dwindled over 15 years from 95 ing to hold down the cost for small can speak to this. business and individuals. Well, Anthem percent return of all premiums col- Mrs. DAHLKEMPER. If the gentle- immediately sued the State and said lected going back for health care pur- lady would yield, I think that wellness they needed that full amount to earn a poses to now something below 85 per- and prevention is such a large compo- reasonable profit. Of course, WellPoint cent, below 80 percent, perhaps. That is nent of this bill, and that is something last year earned $2 billion and paid $1 unacceptable. I don’t think we talk enough about. million in bonuses to many of their ex- So the standards that we establish, And really, as we look, people say to ecutives in our State. you know, having this medical loss me, well, everyone can get health care So you’ve got the people in our ratio defined, if you want to partici- in this country. They just go to the State, 38th in per capita income, many pate, basic core package, if you want to emergency room. Well, the emergency of whom have recently lost their jobs, participate, hey, this is open to any room is illness care. It’s not health saying, Wait a minute. I can’t afford and all. Government sets up the ex- care. And what we’re trying to do with this increase, yet I can’t afford to be change. It stays out of that. The public this bill is actually go back to treating without health care coverage. And option will have to sustain its own en- wellness and to treating health, not here’s a company that earned $2 billion tity by its premiums. It will have to just treating illness, which is really last year telling me they can’t live maintain a reserve. That is not what I what so many people in our country without making more in profit. would call unfair competition. They’re have to live with. They just wait until Well, this system just doesn’t seem all going to be operating under the they’re so sick they have to show up at to make any sense to me. I mean, it’s same guidelines. And when we sharpen the emergency room. one thing when you’re talking about that pencil by requiring a robust public And just on that point, I just wanted making Rolls-Royces or fancy diamond option, it drives the bottom line ben- to make one other comment about a rings. Maybe you deserve to make ex- efit for the consumer. subject that I don’t even hear talked orbitant profits, and we don’t need to We talk about small business and im- about that much. But the largest hos- meddle in the economic system there. pacts and the future forecast and pro- pital in my district told me that they But this is about basic health care cov- jections on insurance, today I think of had budgeted $30 million for charity erage for individuals, and that’s really some 430 billion that is the price tag care this year. It’s going to be at least what we’re charged here to do—make paid by small business for health care 50 million. There is no way that they sure that everybody, whatever their provided by the employer. In 9 short can sustain this year after year after condition, whatever their age, has that years, absent nothing, that is supposed year. So that’s just another piece to kind of health care coverage. to go to $880 billion. This is a train this entire issue that we don’t talk And I have to really hand it to our wreck waiting to happen. And when about that often, but our providers are Attorney General, Janet Mills. She was you hear the options, when you hear having trouble, along with our busi- on CNN the other day talking about status quo is the option that we should nesses and, certainly, along with indi- how we’re going to fight this. We’re not exercise, when you hear let’s keep the viduals. going to take this, and, you know, system but provide more tax benefits So we do have a great wellness piece. that’s not a position our State should so that employers can afford this, how We’ve been working on putting more have to be in. That’s not a position in- much more is government going to wellness pieces into this bill. Again, dividuals should have to be in, you write in terms of checks to keep this we’re continuing to work on this. We’re know, just to get their basic health system going that is sweeping upward looking at grants to go to communities care coverage. in a curve? We’re not containing the to bring stakeholders together, to Ms. KILROY. Well, Representative costs at all. bring government and schools and the PINGREE, I agree with you. And I think So this measure, to Representative providers and businesses to work on what you heard from Representative KILROY’s comment, is an important things such as childhood obesity, which TONKO and what you’ve pointed to, but way to contain costs, to Representa- we know is an epidemic in this coun- what Representative TONKO was talk- tive DAHLKEMPER’s statement of try.

VerDate Nov 24 2008 03:55 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.086 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11279 So there are still a lot of good things that responsibility here to enable all that sit in these court cases, we spend being worked on. This bill gets better families in this country to have access our time making sure people’s rights and better by the day, and I believe we, and to be able to afford quality health are protected. And we have a whole se- again, are at a historic point here and care. ries of cases that establish rights of we are going to be able to just provide Thank you so much for bringing us criminal cases. Enough of you have stability and security to this country together, Representative PINGREE. watched television to know a lot in terms of our health care. And, to Ms. PINGREE of Maine. Well, thank about—we’re some of the most edu- me, we have to continue to sharpen our you to all my colleagues for being here cated, nonlawyers in the country, the pencils, as Representative TONKO says, tonight. You’re absolutely right. We’ve folks who watch television in the and continue to find ways to save with talked about a variety of issues, and I United States, because we know about this bill and also to provide even better want to just end on the same note that Miranda rights. So we know about care for citizens of all ages. you did. This is what is right about other rights. In other countries maybe Ms. PINGREE of Maine. Absolutely. being an American and what we’re all they don’t know about them. Now, why Representative KILROY, were you proud to be working on, even if it takes wouldn’t they know about them? Be- hoping to squeeze in a few last words? a few long hours and a lot of tussling cause they don’t have them, okay. Ms. KILROY. Well, I think this bill is back and forth, but we’re all grateful That’s it. They don’t have them. an opportunity for us to make health to be here and actually to have this op- And there are places on this Earth, care affordable for all Americans, in- portunity. and most of them are in Third World cluding seniors who’ve been made to countries, where the rule of law does f fear this bill. As Representative TONKO not prevail, where the average citizen said earlier, helping them by closing b 2115 doesn’t have a place to go get recourse, recourse for injury that’s happened to the Medicare doughnut hole, helping RESTORING THE RULE OF LAW them by eliminating copays for pre- them in some form or fashion, a way to ventative services and testing and The SPEAKER pro tempore (Mr. enforce a contract. helping to make sure that there are MAFFEI). Under the Speaker’s an- There are countries full of good peo- lots of Medicare providers out there, nounced policy of January 6, 2009, the ple, but they haven’t established the because we are stabilizing the payment gentleman from Texas (Mr. CARTER) is rule of law to the extent that the aver- schedule for those providers. recognized for 60 minutes as the des- age citizen can protect their little plot This bill will help us by shifting the ignee of the minority leader. of land or protect their little business emphasis more onto prevention and Mr. CARTER. Mr. Speaker, it’s the or make a deal with somebody, a con- wellness, the way Representative first day of a new work week here, and tract, and then when the other side DAHLKEMPER talked about putting we’re going to talk about restoring the doesn’t do it, enforce that contract more emphasis on primary care and rule of law. against them because the rule of law doing that by shifting the way some of You know, we’ve talked about this does not prevail. For whatever reason, the payments are set up so that pri- now for about 14 weeks. It’s so impor- whether it be history or culture, what- mary care doctors are paid for what tant that we talk about the rule of law ever it is, it doesn’t prevail. And so if a rich person or a wealthy they do so well, for counseling, for lis- because, quite frankly, it’s what keeps group of people who wanted to go in- tening, for taking that history and our society together. It’s what makes vest in that place or maybe they have helping keeping us well and treating us different from anybody else and a dictatorial system or they have a so- those concerns that we all have from what makes America different from ev- cialist, communist system that hasn’t time to time. erybody else. And, you know, it’s so established a rule of law, so you can’t This bill will help us contain costs, simple that we take it for granted. Every American that—I’ll bet you go enforce it. help small and large business, help peo- You know, when Russia first opened ple who are without insurance and help can stop anybody on the street and ask them about their rights and they all up and started working on capitalism, people with insurance. And as Ameri- I had a friend who went over there and cans, this is an American plan. It’s know what their rights are because they’re Americans and they know they opened a clothing store. And if he’s lis- very important. It will continue to give tening, he knows who I am talking us a choice of doctors and plans. So have rights. But what does it mean to have rights? Well, what it means is you about. And he said the problem was the this is a huge achievement if we can clothing store was as popular as it have a place, you have a set of rules get this bill passed. It is a great time could be and everybody wanted to buy that establishes your rights. to be in Congress, be a part of this won- American-cut suits, they wanted to Now, our Constitution says certain derful discussion and deliberations and, look like Americans, prosperous Amer- rights are inalienable and given by I hope, eventually final passage of a icans, and he had a booming business; your Creator. That means that all men bill that will do so much for so many but unfortunately he had to pay cash are born with those rights. These are people in our country. for everything. Ms. PINGREE of Maine. Representa- rights of liberty and freedom. When we He couldn’t make a contract with tive TONKO, any last words? had the Declaration of Independence somebody based on a bill of lading or Mr. TONKO. Just a quick statement. from Great Britain, that’s what we anything like that at the time because I know we’re running to the end of our were talking about. You’re born with he wasn’t sure he’d be able to enforce it hour. these rights. These are the rights of if he had to take it to court. He was Representative DAHLKEMPER talked free men everywhere. They are inalien- afraid he would be out on a limb. And, about the concern at her local hospital. able. They are given by the great Cre- quite honestly, he pointed out the Rus- Across the board, hospitals are con- ator of the universe. sians were doing the very best to cor- cerned, and uncompensated care is at But everybody also knows I’ve got a rect that, and maybe they have. I somewhere between $57 and $58 billion right to free speech, I’ve got a right to haven’t kept up with it. But it was put- a year. There’s a savings immediately assembly, I’ve got a right to a lawyer. ting a real strain on his national cloth- when we put together quality health And at all ages you can say, That’s my ing chain that he tried to take to Rus- care programs that are affordable, ac- right. That’s my right. It is your right, sia. cessible, where we’re providing uni- but it becomes your right because it is I hope he fixed it. I don’t know. I versal health care. It’s just a reason- enforceable, and that means that we haven’t talked to him in years able thing to do, and most impor- have established a set of rules that our But the point is at the beginning of tantly, it’s the compassionate thing to society operates under. And under the establishment of capitalism in the do. Sometimes that gets lost in the dis- those rules, there’s a set of rules that’s former Soviet Union, in Russia, the cussion. usually in the courts that enforce your rule of law had not come down to There’s this moral compass for Amer- rights, protect your rights. where you could feel comfortable with ica that we need to engage and we obvi- You know, for 20 years I tried crimi- making contracts with people and be- ously are very proud to support what is nal cases and other cases, and we spend lieve they could be enforced. And hope- the correct thing to do, and we have most of our time, at least the judges fully that’s been fixed. I would assume

VerDate Nov 24 2008 03:55 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00105 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.087 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11280 CONGRESSIONAL RECORD — HOUSE October 13, 2009 it has because I had the good pleasure cern to the American people today, and BOEHNER to defund ACORN. And what to go to Russia with the Homeland Se- we’ve been talking about one pretty he’s basically saying in this is the curity Department and, quite frankly, consistently, talking about Chairman American people have looked at this, they’re doing pretty well over there. RANGEL’s issues. I am going to move they’ve listened to this stuff that’s Looked like to me, anyway. Lots of past those for today. They may get going on, they’ve watched these videos stores and lots of prosperous-looking mentioned a bit. We’re going to talk of these people advising folks about people. about some things we talked about in child prostitution and prostitution and But the glue that holds society to- the past, but I think there’s a passion so forth, and they’ve said we’ve had gether that allows you to trade both for these issues among the American enough of these people and we darn inside and outside your country is the people. sure don’t want to pay for them. We rule of law; there are rules and regula- Part of that passion is the man we don’t want to pay them to go out and tions that everybody is a part of, ev- elected President because he told us, ‘‘I break the law. erybody is protected by and required to am campaigning on changing Wash- And so the fact that they received abide by. That’s a basic premise in ington and bottom-up politics. I don’t millions of dollars in Federal funding American society. want to send the message to the Amer- offends people because they’re not fol- Now, we went through a time when ican people that there are two sets of lowing the law. there was sort of a 60s rebellion against standards: one for the powerful people So JOHN BOEHNER has proposed that the establishment, and people would and one for the ordinary folks who are no Federal contract, grant, cooperative say things like, It’s okay to rob from working every day and paying their agreement or any other form of agree- ‘‘the man,’’ but you can’t rob from the taxes.’’ ment will be awarded or entered into little guy. And ‘‘the man’’ was the big So the President set the standard with the organization known as guy. Now, nobody really defined who back in February, on February 3 on ACORN. No Federal funds will be given the big guy was. Of course, everybody CNN, 2009. That standard is going to be to ACORN; no Federal employees may knew that Coca-Cola was the big guy out there right now. And that’s just promote ACORN; and that ACORN in- and Exxon was the big guy and U.S. right. I don’t think there’s any Amer- cludes State chapters, organizations Steel was the big guy. But was it the ican that’s going to argue with that. with financial stakes in ACORN, and neighborhood grocery? Was he the big That’s right, nobody is above the law. organizations that share directors and Nobody gets to not abide by the rule of guy? Well, yeah, maybe if he was big employees with ACORN. enough, if he had more than two gro- law, because the rule of law governs And I think this bill is designed to do our society; and that’s basically what cery stores. what the American public is asking for. In other words, somebody was saying the President is saying. Nobody be- They’re saying it’s bad enough these it was okay to break the law if some- cause of who they are, what office they crooks are out there; it’s bad enough body was really a lot better off than hold, how much money they’ve got in that they’ve got these cases pending you were. That was insanity. That was the bank should get any other privi- against them. Of course, they’re inno- when I was in law school. And we de- leges above and beyond what ordinary cent until proven guilty. But they’ve bated all of this in law school. And it people get. was insanity. Because if you’ve got Now, we’ve got some issues tonight. been proven guilty here, and here, and rules, you’ve got to abide by the rules; Let me say we’re going to talk about a here, and here, and here, and here, and and if you’re going to decide you don’t lot of stuff. But several people last here. like a rule, you’re not going to abide week thought we were going to talk b 2130 by the rule, then you don’t get the rule about some of that stuff, and one of the They have been found guilty. That’s of law. You get anarchy. things that they wanted to talk about what ‘‘conviction’’ means. Well, the United States Congress has was the czars. Let me be real clear up Now why in the world would the Fed- rules. We write those rules down. The front. We’re going to get to the czars in eral Government want to fund people first set of rules was written by Thom- just a minute. So if anybody’s listening who are out committing voter fraud? as Jefferson; and to a great extent, we that wanted to talk about the czars but And that’s not just it. Why would we still follow those rules of decorum and thought we weren’t talking about it, want to fund somebody that would ad- procedure in this House of Representa- come on down. We’re looking for you. vise people on how to open a house of tives by using Thomas Jefferson’s man- Just briefly, I’m going to tell you in prostitution using underage girls? Why ual on this place. Now some of it’s been my opinion one of the things that most would we want to fund those people changed and altered. I think most of people are most upset about is this out- with my taxpayer and your taxpayer them are basic fairness, basic honesty, fit called ACORN. This outfit was sup- dollars? I don’t know. I think that fair treatment for all concerned; and posed to be a do-good public service, Members of this House have a real you’re supposed to abide by those the group that was out there orga- question about that. rules. nizing communities and organizing We have rules that we run our gov- groups so that we could have a better I think this is a good idea and a good ernment by, and those rules, they bind country. bill that has been offered by JOHN all of us. We have certain forms that So they got really involved in work- BOEHNER. And I think that our leader- we have to file; we have to tell people ing on elections last time, and here’s ship of this House, the Democrat lead- what our income is. You know, it’s a some of the results: in Colorado they ership, should go forward on this bill. funny world we live in because the were charged with voter fraud, mul- No matter how much these people American people are generally private tiple counts, with convictions; in Flor- worked to help their candidates in the about what they make, and it’s kind of ida, vote fraud, cases are pending; in last election, now they should say, ‘‘none of your business’’ in most fami- Michigan, voter fraud, multiple counts whoa, wait a minute. And I presume lies to ask somebody what’s your with convictions; Minnesota vote that there was no knowledge that all daddy—what kind of salary does your fraud, multiple counts with convic- this was going on. So they should be daddy make? What’s your husband tions; Missouri, vote and mail fraud, out front to stop this stuff because it’s make? It’s kind of a none-of-your-busi- identity theft, multiple counts with just not right. It’s just not right. ness question. convictions; Nevada, vote fraud, mul- We talked before, and we are going to Unless you’re in the public eye. If tiple counts pending; Ohio, vote fraud, keep talking, about the fact that you’re in public life, it’s everybody’s multiple counts with convictions; ACORN needs to be taken off the Fed- business what you make. And you’re Pennsylvania, vote fraud, multiple eral Government’s money list. required to report what you make. And counts with convictions; and the same Would the gentlelady from Wyoming if you don’t report it, there are pen- thing in Washington State. like to join us? alties for that. So this good group has not been Mrs. LUMMIS. I thank the gen- All of these things are some of the doing good things, nor have they been tleman from Texas for a few moments stuff we’ve been talking about. abiding by the rule of law. in this discussion. But I would argue that we have some Now, we have a bill that’s been intro- We have a great country in that even certain subjects that are really of con- duced by Minority Leader JOHN when the law is absurd, we still obey

VerDate Nov 24 2008 05:18 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.088 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11281 the rule of law and spend our time fruit. And the happiest days I ever had seems that my Democratic colleagues working to change the law. A perfect was right after the harvest, when all are more comfortable with government example of that is a law, the Endan- the workers got together and cele- solutions and that my Republican col- gered Species Act, and its current ap- brated the harvest. And if I get out of leagues are more comfortable with, by plication to a water situation in Cali- here, what I want to do is get me an or- and large, private-sector solutions. fornia where a small fish that is a chard with my money.’’ I might comment specifically, if I nongame fish is preventing water from It struck me, because he was talking could, on a couple of things that were being used to irrigate and grow crops. about the fact that in 1948 that was a brought up tonight. The gentleman Consequently, unemployment in the major production region. Now the only from New York (Mr. TONKO) said that area where these crops are usually way that region could produce any- he wanted stability for Medicare. And I grown is dramatically higher than the thing is with water. It is the desert. I want to say that I too want stability rest of the Nation, dramatically high- live in the desert. If you look at an 1845 for Medicare. But we have not seen any er. And people who normally are work- map of the United States, starting just bills yet that provide that stability. ing there are in bread lines, the very west of Kansas, you will see a sign that The only bills we’ve seen are bills that same people who grow food in Cali- says ‘‘Great American Desert.’’ It goes would create a new health care system fornia for the rest of this Nation. Con- all the way across the Rocky Moun- run by the government on the backs of sequently, this winter, a lot of fruits tains to California. And Texas is within health care that would cost health care and vegetables will be more expensive the Great American Desert. We used to through Medicare dollars that are sup- for those of us all over the United joke about it when I was in school, posedly being wasted or abused. States because we have instead de- let’s drive across the Great American Well I can tell you that one of my ferred to the rule of law in allowing Desert to Dallas. But the truth is, hospitals in Wyoming has told me they this water to flow by these fields that those of us who live in a water short- are only reimbursed 37 cents on the are laying fallow and not producing age State, and Wyoming has to have dollar of their actual costs for all of food and not allowing workers to work. underground water or it wouldn’t be their Medicare-provided health care. This situation gives us an oppor- able to exist, we know the value of So in other words, government is being tunity to point out the absurd applica- water. That’s why a vast majority of subsidized right now for the health tions of certain laws and the need for our laws have something to do as far as care it provides to seniors. And it is there to be exceptions for certain laws. our land with water. not meeting its obligations to provide At the same time, we obey those laws Taking away the water in the San the actual costs of Medicare and reim- regardless of the absurdity. So I com- Joaquin Valley is taking away a grow- bursing them to doctors and hospitals, pliment the gentleman for pointing out ing region, which I have evidence from especially in rural areas around this the importance and the history in this the movie, that was prospering in 1948. country. And I would love to work with country of obeying the rule of law. Now how long ago was that? Sixty the gentleman from New York to solve When Russia became post-Soviet years ago. Now it’s a shame that like that. Russia and was trying to establish in- you say, some laws that ought to have I want my colleague from Colorado stitutions, as Iraq is trying to do some exceptions don’t. And we have (Mr. POLIS) to know that I, too, want today—among the most important in- unemployed people in literally entire lower costs. But all of the bills we’ve stitutions that they are trying to es- counties. seen carry costs. And they range from tablish are courts with honest judges, It’s a great thing to talk about when $800 billion and more, which is what we which is something that is very rare you talk about the rule of law. That’s are hearing is the cost of the Senate around the world, especially in Second the responsibility of legislators. That’s Finance Committee bill, to the $1 tril- and Third World countries. How blessed the responsibility of Congress people. lion-plus range for earlier bills that we are in America to have an honest When you have a rule of law that has were introduced in this House. So these judiciary and the rule of law. That is to to be changed, you shouldn’t take to bills that would lower costs come at a the compliment of many fine Members the streets with guns unless you have cost. It’s just that those costs are of this body, but also to the gentleman got a tyrannical society, which is what going to come through surcharges, pen- who is leading this conversation to- we had when we had our revolution. alties and taxes that do not exist now. night, also a former judge. And I am You should take it to the legislature So those costs are just being shifted to grateful for the time you have given with votes and change the laws that someone else. me to discuss this. need to be changed. Make the excep- To the Member from Ohio, Rep- Mr. CARTER. Reclaiming some of tions to make things work. And this resentative KILROY, who brought up a my time, I’m glad you brought up the body would decide what is best for ev- very powerful personal story, and to smelt in the San Joaquin Valley, be- eryone involved. That’s what ought to Mr. KAGEN of Wisconsin, the physician, cause it’s kind of interesting. Until be happening. who both addressed preexisting condi- this came up, most people in America Mrs. LUMMIS. Will the gentleman tions, Members of the Republican probably didn’t even know that the yield? I wonder if you might indulge a Party also know that preexisting con- San Joaquin Valley is considered the departure into health care for just one ditions are a huge problem in this breadbasket of this country. Now here moment. country. That is why we supported is something interesting. It rained cats Mr. CARTER. Certainly. high-risk pools. And the creation of a and dogs in Texas this week. We were Mrs. LUMMIS. Thank you. I want to high-risk pool passed this Congress be- real happy for that rain. But it meant compliment my fellow freshman mem- fore I was here. It was while you were my wife and I stayed indoors one Sun- bers of the Democratic party who had here. The proposal that I am cospon- day afternoon because there wasn’t an hour preceding this hour to discuss soring, House bill 3400, would add addi- anything else to do. And the movie health care from a freshman perspec- tional moneys to those high-risk pools ‘‘Treasure of the Sierra Madre’’ with tive. A couple of issues came up. I was that come from cutting off the stim- Humphrey Bogart was on television. watching them from my office so I ulus funds that have not yet been spent That movie was made in 1948. came over here to the floor to com- and using them to create additional One of the characters in the movie ment on some of the things that they funding for these high-risk pools to was reminiscing about what they were had raised and to compliment them on support funding for those with pre- going to do with their share of the their statements about health care. existing conditions. gold. And he said, and it struck me be- I want my Democratic colleagues to A wonderful idea was discussed dur- cause I have been talking to DEVIN know that Republicans support health ing their debate. It was raised by Rep- NUNES so much about this tragedy that reform. We recognize that there are resentative DAHLKEMPER of Pennsyl- is going on in the San Joaquin Valley problems in our health care system, vania. It was something new that I and that whole valley region of Cali- and that it needs reform. What we dis- heard for the first time today. After 4 fornia, and this character says, ‘‘I grew agree about, and what we are here to months of constant debate, this was up in the San Joaquin Valley, an agri- debate and discuss, is how those something absolutely brand new, the cultural region in California, growing changes should be implemented. It notion of young people, through age 26,

VerDate Nov 24 2008 03:55 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.090 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11282 CONGRESSIONAL RECORD — HOUSE October 13, 2009 being able to stay on their parents’ which just basically they want to put But that kind of reminds me of ‘‘Ani- coverage, which is a particularly great in writing and have this body adopt as mal Farm,’’ you know. They would say idea during this economy where young a—agreed by both sides voting on, leg- the rule is this, and the next day they people are leaving college and taking islation must be available to Members would say, Oh, that’s not what the rule jobs if they can find them in this tough and the public for 72 business hours be- is. The rule is this. Finally, they said, economy, that frequently don’t have fore taking action, requires the full We’re going to write them on the wall health insurance or do not have as text of the legislation and each com- of the barn. So every night they wrote good a health insurance as the policies mittee report to be posted continu- the rules on the wall, and then when that their parents had them on when ously on the Internet. And by the way, they woke up the next morning, some- they were minors. What a great idea. this is what one of our Founding Fa- body had gone and erased the rules and New things come up here every day. thers, Thomas Jefferson, thought was a added new rules. See, there is a reason In other words, Republicans are will- good idea, and we’re just basically re- why this body has the rules that it has, ing to work with Democrats. We want defining his rules and modernizing it a so that we and the American people health care reform. We would love to little bit with the Internet. can be educated about what we’re work with Democrats on these ideas. But an interesting thing you said— doing. And concepts, that just doesn’t The problem is the leadership of the we keep talking about this health care get it done. Republican Party has been asking plan and I want to get on to other I yield whatever time Mr. GOHMERT since April for a meeting with the things, but it’s an important thing, but would like to have. President and has not received a re- there will be another health care de- Mr. GOHMERT. Thank you for yield- sponse. The problem is that we want bate later—and that is, it’s important, ing. commitments. When the President but you need to look at history. I just Let me just tell you about some of says, If you like your current health saw on television the oldest health care the problems with the rules that we in care plan you can keep it, we try plan in the world was created by Otto the minority have encountered here amendments that say exactly that, and Von Bismarck in Germany when he this year. It is amazing just how gross- those amendments are killed. We want united Germany, so it’s the oldest one ly unfair and closed and partisan the 72 hours to read the bills. And when they’ve got. They tried all ways of rule usage has been in this body. those amendments are killed, we have funding it, but it comes down to com- Now, for example, CBO, the Congres- no assurance that we will have 72 hours ing out of your paycheck. And today, sional Budget Office, has been hailed to read the bill. in Germany, 42 cents out of every dol- for years and years as one of the most I want to compliment a television lar is taken out by the government to fair and suprapartisan—they’re above program called ‘‘On the Record’’ with pay for the health care program, and being partisan—entities that there is Greta Van Susteren. She has been a they’re having real problems with it in in Washington, D.C. And many people tireless advocate for Members of Con- the modern world. will recall, I’m sure, that after a tough gress reading the bills. And among the So, there’s lots to be talked about, thumping that H.R. 3200 got as just things she asked the President is, and what you said is right; let’s talk. how costly it was going to be, as CBO would you sit down with Members of And by the way, something else. The had estimated, the head of CBO was Congress and go line by line through Senate supposedly passed something called over to the White House, to the the bill? And the President said yes. today, but they haven’t got it in writ- White House woodshed, apparently. Be- So, members of the Republican Party ing. In fact, they passed something hind closed doors and lots of guards, in Congress have written to the Presi- which is a concept. I think this is a there was a discussion we weren’t privy dent and said, please, we would love to new thing. I have never quite heard to. But lo and behold, CBO seems to be take you up on this. Let’s go through anything like this. They passed a con- much more lenient now in looking the this line by line so if you really believe cept, which none of it has been reduced other way on some things and coming we Republicans are misrepresenting to writing the way I understand it. So out with scoring that we wouldn’t have the ideas that are embodied in House it’s just we’ve got a bunch of ideas and thought was possible. bill 3200, we can see where we disagree, here’s what they are, and we’re not But if you go back to early in the and maybe we can find an agreement. going to write them down because summer, as my friends here know, I And yet, those requests to go through somebody might hold us to them. So have had a health care plan that is an the bill with the President line by line we’re just going to say we’ve got some alternative. It’s a solution. It came have not been responded to by the great ideas and we pass it. What is from listening, you know, hundreds White House. that? and hundreds of hours to people that Mrs. LUMMIS. And will the gen- knew exactly what they were talking b 2145 tleman yield? about and putting it together in a plan. So, in other words, I want to share Mr. CARTER. Yes, I will yield. Then we were trying to get the plan the frustrations that we in the minor- Mrs. LUMMIS. And even those con- into bill form. We were told that I was ity party have, and particularly that I, cepts should be at least posted for a 3- not on the committee of jurisdiction, as a freshman member of the minority day reading now that they’ve been ac- and therefore there just wasn’t much party, have. And I want to commu- tually voted on. But as the gentleman chance of getting that done. nicate with my majority party col- has pointed out, who now is going to But we were also told you cannot get leagues, my Democratic colleagues, take those concepts and draft them a bill scored unless it has been put in that we want to reach out and have into a bill? And will the bill be the bill form by Legislative Counsel’s of- been reaching out to the Democratic exact embodiment of what the Senate fice. And the Legislative Counsel’s of- Party, the majority party, trying to passed in concept or will additional fice is the one that said, Look, we’ve find a bipartisan bill, and yet I believe concepts be added? We won’t know un- got so many submittals, there is no our overtures have not been recip- less the 3-day reading rule and the way we’re going to get to that any rocated. And I want to once again ex- posting rule on the Internet is imple- time soon. tend my desire to do so. I would par- mented. Only if 72 hours are given to So we kept pushing and pushing be- ticularly like to work with my fresh- those people who can compare those cause we had to get it in bill form be- man colleagues who I respect and ad- concepts that were voted on to the ac- cause we were told that unless you get mire very much and rely on the exper- tual legislative language that comes your plan in bill form—not a concept tise that we have come to gather as out of a drafting group will we know like the Senate has done. How ridicu- fledgling Members of this Congress. that the legislation reads the way that lous is that? A concept. You vote on a I note that the gentleman from Texas the concepts were designed to imple- concept? Excuse me. There needs to be has now a chart on the board. ment. language that you fight over. You can’t Mr. CARTER. That’s right. Reclaim- And I yield back. Thank you. have a staffer come in at the last ing a portion of my time, GREG WAL- Mr. CARTER. I see my friend LOUIS minute or some—maybe ACORN is DEN, CULBERSON and BRIAN BAIRD have GOHMERT from Texas is here, and I’m going to help them with that, too, but H. Res. 554, the 3-day reading rule, going to yield to him in just a moment. you can’t do that.

VerDate Nov 24 2008 05:18 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.091 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11283 So, anyway, we fought for a couple of In any event, when we hear all of this him. He seemed to be very active in the months. We finally, with the help of stuff about the fairness and reaching streets, a self-avowed Communist. And Ranking Member JOE BARTON and oth- out, it was my understanding that the of all of the things that he did and said, ers in our party saying please get this President has not invited a Republican he despised Republicans terribly to the into a bill form, the last week of July since March to come to the White extent that I can’t quote him here on the Legislative Counsel’s office was House and talk about health care. If the floor or my words would be taken able to get it in bill form. We were able that’s different, I would love to know down. But he is no longer the green to get it worked on and then get it the facts. jobs czar, Van Jones. It was mysterious filed on July 31st. I know the President stood right up that he disappeared from the scene Well, in August, we started request- here and said, you know, If you have about 12:01 a.m. on a Saturday morning that, now that it was in bill form, solutions, my door is open. And appar- ing. please, CBO, would you score our bill ently, you know, I don’t have any way b 2200 because we were told you couldn’t get to dispel that. I’m sure he was being it scored until it was a bill, so we got honest, if that is true, his door is open, It’s also mysterious that the Presi- dent could bring his focus on a small it into bill form. And then we were but the problem is they have so many little law enforcement altercation that told, Well, you know what? You’re not massive gates and so many heavily took place up near Harvard University, on the committee of jurisdiction, so we armed guards between us and that open and we all know the name of Officer may not be able to get to that. So door at the Oval Office that we can’t Crowley because of that, the Beer Sum- again Ranking Member JOE BARTON get to the open door, and so that mit. The President had a beer summit made a request, and we were told it makes it problematic. to deal with that, the Presidential illu- was in the queue back in August. But anyway, these are some of the mination of a minor, a very, very Then in September I was told, Well, frustrations we’ve been dealing with minor, law enforcement issue; but he you don’t have a request from the lately. And I’m hoping maybe CBO will didn’t have, couldn’t take the trouble Joint Tax Committee. Our ranking end up being able to score my bill member on that is DAVE CAMP, so I to say a few kind words on the depar- sometime before the end of the session, talked to DAVE. Wonderful guy. Dave ture of Van Jones, self-avowed com- a year and a half from now. It’s just made the request as the ranking mem- munist, former czar for green jobs czar. hard to know. But it is amazing how ber of the Joint Tax Committee, so Now we have another czar that comes they were able to find time to score then we got that request in in Sep- into this same category, in fact a cat- something that wasn’t even a bill after tember. egory that is more objectionable, I be- So imagine my surprise when Sen- I was told we can’t score it unless it is. lieve, and that’s Kevin Jennings. Kevin But anyway, apparently there’s a lot of ator BAUCUS comes up with a concept— Jennings is the President’s appoint- not a bill, a concept—and lo and behold flexibility there after you go to the ment to be the safe schools and drug they’re able to score his concept even woodshed at the White House. free schools czar. though there is no language there, and And with that, I will yield back to Now, as I noticed how President they go through these mock hearings my friend. Obama dealt with Van Jones, and it Mr. CARTER. I thank my friend for over a concept without having the ac- was ignore him, and he went away in yielding. tual language and vote on a concept. the middle of the night—I mean, lit- My good friend from Iowa is here, It’s my understanding that the defini- erally in the middle of the night, Mr. which brings up another rule of law tive language is still not there yet. Speaker, I am calling upon the Presi- So, anyway, we know that CBO, the issue that we’ve been discussing. I dent to simply fire Kevin Jennings. way they’ve been able to phrase it, the know he wants to talk about it, so I’m Kevin Jennings, the totality of his life media has been able to come out and going to shift gears here. has been the advocacy for his homo- say, Wow, this is going to cost hun- I am first going to talk about MAR- sexual agenda. dreds of billions of dollars, but it’s SHA BLACKBURN’s H. Con. Res. 185, rein- He has written a number of books. I really not going to hurt us financially. ing in the czars. And she is proposing have a list of them here, four or five. Man, that woodshedding at the White that the President will report on the He has been fairly notorious for writ- House must have really done a lot of responsibilities, qualifications, and au- ing the foreword in the book titled good for the White House. That’s all I thorities of his special assistants, ‘‘Querying Elementary Education.’’ can figure. known as czars. She is saying the Now, a statement that I put out here, But let me also say this to anyone President will certify that czars will as we all know, that what is really pro- who has ears. Anyone who comes to not assert powers beyond those granted moted in our schools—this is a state- this House floor and says, The Repub- by law to a commissioned officer on ment from Van Jones, We all know licans, we’ve reached out to them, but the President’s staff, and that Congress what is really promoted in our schools. they have no solutions, they have no will hold hearings on the President’s Heterosexuality is primarily promoted proposal, is either a very, very igno- report and certification within 30 days, in our schools. Every time kids read rant person who will not avail them- I assume, after the receipt of those re- ‘‘Romeo and Juliet,’’ kids are aggres- selves of the vast amount of informa- ports. All of this is a part of multiple sively recruited to be heterosexual in tion around on our proposals and our pieces of legislation that are out there this country. solutions or they are misrepresenting now talking about czars. That’s Kevin Jennings. I mean, he the truth. That’s just the way it is. I’m going to yield to my friend, Con- takes offense at ‘‘Romeo and Juliet’’ And we hear that over and over. Gee, gressman KING from Iowa, as much and claims that it is an aggressive re- we have reached out to the Repub- time as he needs to consume. And I’ve cruitment to heterosexuality. But 20 licans. They’ve got no solutions. got some kind of interesting stuff he years, seeking the affirmation of ho- They’ve got no proposals. might want to use here. mosexuality, four or five books, the The President himself said that on Mr. KING of Iowa. Oh, yes. I hadn’t foreword in the book, ‘‘Querying Ele- Monday before he came in here to this actually forgotten about that. I thank mentary Education,’’ the way he has joint session. He said, You’ve heard all the gentleman from Texas for yielding. written in his book titled ‘‘Momma’s the lies, and what are their proposals, When we look at the list of czars that Boy, Preacher’s Son’’ about his drug what are their plans? I’ll tell you, they started out with none and quickly be- abuse, his cavalier use of drugs, the don’t have any. Well, he was either came 32, and some say grew to 47 czars, message that kids would get on the being very ignorant or he was mis- Mr. Speaker, a number of these czars drug-free school component would be representing the facts. And it may be have gotten fairly notorious in the that, well, I guess, drugs aren’t so bad, that he really didn’t know, that who- public eye. And this particular czar I you can become the drug-free school ever put that information in the tele- will go to in a moment, but one that czar even though you have abused prompter, he was just dutifully reading comes to mind is the green jobs czar, drugs and written about it in your it and he really didn’t know one way or Van Jones—the former green jobs czar, book—not taking the responsibility, the other. So I want to be fair about Van Jones. We can’t forget about him. not advocating to avoid drugs but sim- that. He had a lot of things going against ply writing about it in a way that it is

VerDate Nov 24 2008 03:55 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.092 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11284 CONGRESSIONAL RECORD — HOUSE October 13, 2009 fascinating to be off the end of the run- 3569, the primary sponsor, Representa- Now that will tell you, at least in my way watching the planes come in and tive SCALISE, in addition to the experience, in an active trial court, out. Blackburn bill, which I also support. where I was—in fact, the one adult I This is what we get with Kevin Jen- Before we adjourn this evening, I was sitting as a visiting judge in Travis nings. Kevin Jennings has said, of the would like to bring up one more bill, County, it wasn’t even my county. As individual whose name is Harry Hay, and that is the audit of the Federal Re- far as I know, over all my side, where one of the strong advocates for the serve. It is the subject that also, I I was trying my cases, we had three North American Man Boy Love Asso- think, is consistent with our desire as courts. I only saw aggravated sexual ciation, Kevin Jennings said of him, he a Congress to fulfill our obligations assault of the child cases and that always inspires me, always inspired by under the Constitution. means it’s just rampant because the the person who was on the cover of the The reason that this bill is so impor- victim is unable to be a very good wit- magazine for NAMBLA, the North tant to the people in the United ness sometimes because they are so American Man Boy Love Association. States—and I preface my remarks by young. Now, I have just gone through some saying I supported Mr. Greenspan and I b 2210 of these things that we know about support Mr. Bernanke. I applaud them Kevin Jennings, certainly not all of for all the efforts that they make on It is a very tragic situation. It just them. But we can see that the totality behalf of the Federal Reserve. shocks me that somebody that would of his professional life as advocated, I, nevertheless, support a bill to be advocating those things would be has advocated nationally against reli- audit the Federal Reserve. It is based put by a responsible administration in gion, again heterosexuality, at least re- on personal experience. I was my charge of safety in our schools. It is sentful towards it, and in the discus- State’s treasurer. I was audited annu- shocking. sion and promotion of homosexuality ally. The auditors came into my office I yield to Mr. KING from Iowa. in our schools. in August, and they didn’t leave until Mr. KING of Iowa. I thank the gen- Now, whatever a person’s particular after Christmas. One-third of the year, tleman from Texas. inclination may be, our preschool kids, every year, for the 8 years that I was Mr. Speaker, I can only reflect back our kindergartners, our first, second, State treasurer, I was being audited. It upon the experience that Judge CARTER third, fourth and fifth graders don’t was for good reason; it was because I has talked about. It would be inter- need to have that discussion. They managed all of the money in the State esting to see the actual numbers and don’t understand it. They don’t need of Wyoming. data from across this country. This that pressure on them. They need to be The auditor and the treasurer were right now is the best cross-section I left alone to focus on their academics the two people with whom the auditors know of. I have not heard of another. and their social adjustment. But this who are contracted to audit the State In some jurisdictions it is called statu- man is engaged in the single pro- spent the most time. It was appro- tory rape. motion, the promotion and the advo- priate. It was a pain in the neck to Mr. CARTER. That is right. cacy, I will say of—well, by the way, have the auditors in my office for 4 Mr. KING of Iowa. The record that that is the record of Kevin Jennings. months every year taking time away Kevin Jennings has put out is that as a So I will ask the question. If he is from our regular duties. teacher he counseled a young boy, going to be the safe schools czar, the But, in fact, it protected me, as the whom he said was 15 years old, who had safe schools and drug free schools czar, State treasurer. Had any of the em- been having sexual relations with one then he has to have something more to ployees in the office been able to mis- or more men at the bathroom in the offer than simply, I will say, the pro- direct monies, it protected me. It pro- bus stop, and that makes him a manda- motion of safety for some kids that tected their coworkers. It protected tory reporter as a teacher. He didn’t re- might be self-alleged homosexuals in the taxpayers of the State knowing port until he wrote his book and talked our schools. That would be the only that their money was being appro- about it in his speeches. narrow part that you could say he has priately audited, that there was some- So, that is a violation of the law and to offer. The balance of it across the one looking over my shoulder, our it is a responsibility that he shirked. spectrum of his job is simply non- shoulder, in the office of the State And, yes, he said he could have handled existent from his professional career. treasurer. It was good for me, it was it differently. Well, anybody could If he were teaching in elementary good for my office, it was good for the have handled anything differently. But schools, and he had a record like he has State. It was good for the taxpayers he didn’t. with these books that he has written, whose money I was managing. I can only question, if he hadn’t fo- the foreword that he has written in The same is true with the Federal cused his mind so much and his profes- ‘‘Querying Elementary Education,’’ he Reserve. This is not an attack on Ben sional career so much on the homo- has the endorsement of Harry Hay, one Bernanke or his predecessors. This is sexual side of this, wouldn’t he have of the lead North American Man Boy good, sound money management. been appalled by the statutory rape of Love Association people in the coun- Mr. CARTER. I, too, and I think a young boy if it had been a young girl try, who is also a self-professed com- Brother King also supports the audit- perhaps? Would he have then been the munist, by the way, this man would ing of the Federal Reserve. It’s our actual mandatory reporter and fol- not be working in many of the elemen- money. We want to know what’s going lowed the law, if it didn’t fit within his tary schools in America as a teacher. on. We want to make sure we know bias? I suspect he would have, if it had Yet he has been elevated to be the that things are right. We are not ques- been a girl and a man rather and boy safe schools and drug-free schools czar tioning anybody’s honesty; we just and a man. for America. I call upon President want to know what’s going on. We are But this is intergenerational sex, and Obama to simply dismiss Kevin Jen- at a point in our society right now it is advocating for safe sex, not safe nings. Go find somebody that stood up where it’s pretty desperately needed to from sexual predators. So the school for kids and families and education, know. situation with the czar, the responsi- drug-free and safe schools all together. I want to say one more thing: Mr. bility is to provide safe and drug-free Surely there’s somebody out there KING’s comment on the safe schools schools. There is not very much at all that’s lived an example. czar, what he is proposing is against in his history that would advocate for I urge the President to remove Kevin the law, this man boy sex thing. Aggra- that. It is not very broad. It is very Jennings. Put somebody in who can do vated sexual assault of a child is the narrow. the job. number one sexual offense in America Many of these things that come out Mr. CARTER. I yield to the gentle- today, at least by my experience. In 20, in his record are anathema to the lady from Wyoming again. almost 21, years on bench, I tried—that mainstream of the American people, Mrs. LUMMIS. Because of the con- used to be called rape. I tried lots of and the President should have had bet- versation we have just had, I want to aggravated sexual assault cases. One ter advice when he made this appoint- further remind people that there is a out of probably a thousand was two ment. Now he needs to take responsi- bill entitled Sunset All Czars, H.R. adults and all the rest were children. bility for his appointment, and that is

VerDate Nov 24 2008 03:55 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00110 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.094 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11285 why I have called for the President to Mr. Speaker, we thank you for the Regardless of one’s personal opinions fire Kevin Jennings, and let’s find hour, and we will yield back the bal- about whether abstinence-only is the somebody that actually maybe is a par- ance of our time. best way to have sex education in this ent and a teacher and somebody who f country, or abstinence-plus, which has a life career advocating for the would encourage abstinence but also WHY HEALTH CARE IS NEEDED IN safety of all children and the drug-free give young people the knowledge they COLORADO nature of all children. need to prevent diseases and unwanted If I could roll this back to a brief The SPEAKER pro tempore. Under pregnancies, the advice that was prof- comment in the little bit of time that the Speaker’s announced policy of Jan- fered by Mr. Jennings was well within we have, about 5 minutes I see, there is uary 6, 2009, the gentleman from Colo- the bounds of encouraging safe behav- another piece. Since we have that rado (Mr. POLIS) is recognized for half ior, and in fact might indeed have gone much time, I want to also point out the remaining time left until midnight. some distance to saving the life of this that because of Kevin Jennings saying Mr. POLIS. Mr. Speaker, I took to young individual. that he is always inspired by Harry the floor and will shortly share with Having gay and lesbian role models Hay, let me say the icon of the North you stories of real people from my dis- in our schools, and indeed in providing American Man-Boy Love Association, trict and from Colorado with regard to safe schools and drug-free schools, is that doesn’t necessarily mean he as- why we need health care reform so ur- critical in helping to reduce the suicide pires to all the things that NAMBLA gently in this country. But before I rate among LGBT youth. The highest aspires to. begin, I would like to address some of suicide rate among all youth occurs But this icon also is a self-alleged the comments of my colleagues from among LGBT youth. Communist. So it doesn’t mean also Iowa and Texas with regard to Mr. The agenda that Kevin Jennings that he is a Communist, but it means Kevin Jennings and some of the other brings to our schools and brings to pro- as a fellow traveler, as a consistent issues that they raised which cannot go viding safe schools is no more a homo- commentator, as a writer and author unanswered, lest the American people sexual agenda than it would be a het- be misled. and an individual who has written a erosexual agenda if Kevin Jennings Mr. Kevin Jennings is an appoint- forward on the queering of elementary happened to be heterosexual. Any ap- ment by President Obama to the Safe education, he has traveled on that path and Drug-Free Schools Initiative. pointee of that post would presumably consistently, and it has been the exclu- First of all, with regard to his com- have some sexual orientation, be it sive activity of his, the nearly exclu- mentary on the life of Harry Hay, straight, be it gay, be it bi. That is not sive activity of his entire professional Harry Hay was the founder of the what that job is, and there is no dif- life. And we can find somebody better, Mattachine Society, the first organized ference in the sexual orientation of the and we can find somebody that is not LGBT rights group in this country, a individual performing that job. No one there with an agenda that he is seeking legitimate part of the LGBT history is more or less capable of keeping our to drive, aside from safety for kids in and movement. To somehow detract schools safe and drug-free, regardless of school. from praising such an individual is their sexual orientation. I wanted to make a comment also akin to, let’s say, colleagues on the b 2220 that the CBO score on the Senate’s other side of the aisle who might have Mr. Jennings is somebody who has health care bill, it includes 10 years in the past or continue to praise con- dealt with, in his own life, addiction worth of revenue and 7 years worth of servative talk show host Rush issues and has worked with youth to expenses. When I listened to the gentle- Limbaugh. And I would never, I would help bring them out of addiction, and I lady from Wyoming talk about being never, Mr. Speaker, say that they are applaud President Obama in standing audited for a third of every year or a endorsing drug use by saying that Rush by this well-qualified nominee for the fourth of every year, none of us could Limbaugh is a leading conservative Office of Safe and Drug-Free Schools. get by with that. thinker. Nor in any way, shape or form, Mr. Speaker, I rise today to share If I look back on my business career, has Kevin Jennings ever endorsed the with you stories from Colorado’s Sec- if I could have had 10 months in every concept of pedophilia. year worth of revenue and only 7 It is offensive to hear some of this ond Congressional District about why months worth of expenses, or 10 years language that emanates from the other we need health care reform urgently. worth of revenue and 7 years worth of side of the aisle. Mr. Speaker, I am I was written by one of my constitu- expenses, I would have made millions glad we are at such a late hour of ents, Anastasia Gonzalez of Thornton, and millions of dollars with that kind night. I would hope that C–SPAN and Colorado. Anastasia is a single mom of bookkeeping. the functions of the United States Con- and a full-time student. She wrote to This is billions and hundreds of bil- gress remain a family-friendly station me to let me know how important it is lions of dollars. They need to be held and the people can be confident that that in our country we put our dif- accountable. It has got to be 10 years of their kids can watch and listen and ferences aside and fix our health care revenue, 10 years of expenses, and it hear without hearing the tales of besti- system so that everybody, not just the has got to be legitimate expectations ality and pedophilia which all too often people who can afford it, have health on how people will react when you fine stem from the tongues of those on the care. Anastasia told me the story of them $700 a year as opposed to requir- other side of the aisle. her child, who just started school this ing them to buy insurance. With regard to the advice that Mr. fall. Anastasia had to borrow money I thank the gentleman from Texas. I Kevin Jennings gave to a 16-year-old from friends just to get her child im- yield back. boy when he was his teacher during the munized before school started. Mr. CARTER. I thank my friend for height of the AIDS crisis, a 16-year-old Anastasia hasn’t been to a doctor since coming down here and talking about a of the age of legal consent in the State she had her daughter. She can’t afford new subject, but a subject that is im- of Massachusetts who said he had been to see a doctor, no less have any nec- portant. These czars, when we have got struggling with his sexuality, had essary procedures done. individual issues on the rule of law, we turned to anonymous sex, had been When she was pregnant she was diag- ought to talk about them. And I en- conflicted in his internal feelings, the nosed with precancerous cells on her courage all my colleagues, if they have advice, and it was fundamentally good cervix. She had a procedure done right issues about laws that they don’t think advice, was ‘‘I hope that you used pro- after the pregnancy in hopes that it are being enforced right or that they tection.’’ would take care of the problem, but she are concerned about the enforcement If more young people in that situa- has been unable to see the doctor for of, that is what this hour is about. It is tion at the height of the AIDS crisis any follow-up because she can’t afford about the rule of law. had received the type of counsel that the fee. She doesn’t know if it’s devel- I thank you for bringing up that Mr. Jennings had provided this 16-year- oped into cancer or not. She doesn’t issue. I hope everyone will be very con- old, there would be thousands more know if she’ll be around to tell her cerned about the issues that you raised people alive today and thousands less story to her child when she’s old today. victims of the AIDS crisis. enough to know. Anastasia writes that

VerDate Nov 24 2008 03:55 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.096 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11286 CONGRESSIONAL RECORD — HOUSE October 13, 2009 no one should have to go through this; Thank you, Mr. Speaker. Marian’s son was diagnosed with type no one should have to sacrifice their Mr. Speaker, I rise today to share 1 diabetes when he was 20 years old. health for any reason. with you stories of real people and the He’s currently 26 years old. Until he Well, I’m proud to tell Anastasia that urgent need for health care reform in was 24, he was on my health insurance the bills before Congress today would this country. One of my constituents policy through work. But then he aged make a real difference in her life. The from Boulder, Colorado, Maria Thom- out of his mother’s policy, and when affordability credits would provide as-Ruzie, wrote to me the other day they began checking for health care vouchers that would enable her to have and shared her story, which really coverage for him, and while there’s the resources she needed to buy the in- struck close to home for me and im- normally many policies available for surance of her choice. She wouldn’t pressed in me the need for Congress to young people, her son was turned down need to worry about being discrimi- act now and pass health care reform. by all these companies because of the nated against in pricing for her pre- Maria has always had a fine medical very preexisting that he needed cov- existing condition. She would be able record and decent dental coverage as a erage for. to be covered and insure that she was State university employee, and her Marian will add that her son has al- there not only for her daughter but for husband also had what they thought ways been very diligent about his care, her granddaughter and for her family, was good coverage through the archi- maintaining his glucose levels, taking and was able to go to sleep every night tectural firm that he worked. They his medication. Beyond diabetes, he’s knowing that she had access to the even had the option of covering their in wonderful health, and when he’s very best medical care in our country. children in her plan or his plan or both. tested for his long-term maintenance Thank you, Mr. Speaker. However, her husband, Maria’s husband levels, he receives high compliments Mr. Speaker, I rise today to share is a type 1 diabetic, and he incurs, on for maintaining the proper levels. Yet with you stories from Colorado of real average, between $5,000 and $6,000 a people and the issues that they face in his condition, his scarlet letter, his year in expenses to keep his diabetes preexisting condition, causes him to be their daily battle to seek health care. I under control. It goes to simple routine want to share with you the story of one denied by insurance company after in- needs—insulin and insulin supplies, surance company. of my constituents, Bunny Strassner, a test strips, monitor upkeep, other friend of mine, and a small business medications, regular lab work and doc- b 2230 woman. tors checks, and as they near retire- The only way for him under the cur- She and her husband own a produc- ment age, the planning around their rent system to get coverage is through tion company in Lafayette, Colorado. needs becomes even more critical. a large employer who provides insur- Recently, they had to lay off their em- Marie often thinks about those with di- ance, severely limiting employment ployees, move their office into their abetes who don’t have health care cov- opportunities. What if Michael wants home, and cancel their personal health erage, who can’t control their blood to be self-employed, start his own busi- insurance. Like so many American sugar levels or related issues. ness, be a consultant? What if he wants families dealing with this recession, I’m reminded of the story of a young to work for a small company? What if they just couldn’t afford it. They’re woman at the school that I served as he wants to have two or three small still some years away from qualifying superintendent of before serving in part-time jobs? Those are all avenues for Medicare, but like a lot of families, Congress, the New America School. Her that could mean his death. because of preexisting conditions, be- name is Kimberly. She, like Maria’s Maryanne writes that one of the cause they had to drop health care, husband, suffered from diabetes. Unlike problems and glitches with the system they are worried every day of having Maria’s husband, Kimberly had no is that it doesn’t cover the very people an accident, of an illness affecting ei- health care insurance. At 19 years old, who need coverage. She writes, There’s ther one or both of them, because they she was no longer part of the children’s many nations and countries that uti- cannot afford to be sick or disabled. health care insurance, and because she lize the national system and they Bunny wishes that Members of Con- didn’t have access to health care insur- gress who have wonderful health care work. I want to assure Maryanne and ance, she had no access to ongoing the others who are watching us tonight coverage would really understand the treatment, insulin monitoring and in- practical and emotional problems the that one critical component of every jections that could have made her con- health care bill we have in Congress— lack of health insurance causes. dition manageable. So it got to the and we have five health care bills: two I hope that those listening today will point where she had kidney failure and in the Senate, three in the House—one learn from the experience of Bunny and was admitted to the hospital and had of the important common elements is ask themselves how many more Ameri- to be given emergency dialysis. cans must go through the experience of Now, the cost of that emergency di- they all ban exclusions based on pre- Bunny Strassner and her husband. alysis treatment, subsidized by the rest existing conditions and pricing dis- Bunny says, I love my country. I work of the taxpayers because Kimberly criminations based on preexisting con- to improve education, especially in the didn’t have health care insurance, ditions. areas of citizenship and the environ- would have paid for 2 years of treating Another proposal in the House bill is ment. I’m too young to feel this old. and monitoring Kimberly’s condition. they would raise the age that a young With the health care plan before Con- Beyond the human element of having person could stay on their parents’ pol- gress, Bunny Strassner and millions of to force Kimberly to be sick enough to icy to 26 years old. For those young other small businesses like her would stay home from school and miss work people that are out of college, looking receive tax credits to help make insur- to get emergency dialysis, beyond the for jobs, underemployed, they can stay ance more affordable. They would have human element, how can it make sense on their parents’ policy a couple of access to exchanges that would give to spend, in 1 day, what we could have years longer and ultimately have ac- them the same good pricing that large spent in 2 years to provide a manage- cess to their own insurance without multinational corporations have, help- able outcome for her diabetes? having to worry about being excluded ing to make health care more afford- Maria concludes that their story is because of the scarlet letter that they able for the small businesses of Amer- not particularly special. It just under- bear through no fault of their own. ica. scores the importance for health care Thank you, Mr. Speaker. You know, I was in business before I reform and the need to pass it now. Mr. Speaker, I rise today to share came to Congress, and it’s not that Thank you, Mr. Speaker. with you stories of real people from small business people don’t want to Mr. Speaker, I rise today to share Colorado and why we need health care cover their employees. They do. But if with you stories of real people and why reform. they can’t, they can’t. This bill helps it’s critical for us in Congress to pass One of my constituents from Boulder, make it more achievable. It gives small health care reform. One of my con- Colorado, wrote to me. He asked that businesses the tools they need through stituents from Eagle County, Colorado, his name not be used, but he wanted access to the exchange and through tax Marian McDonough, wrote to me the me to share his story with you. credits to ensure their employees have other day and shared a story that I This constituent from Boulder has adequate coverage. want to share with you. had HIV since the 1980s; and in the

VerDate Nov 24 2008 03:55 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.098 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11287 early 1990s, he was dropped by his He’s had to make the difficult deci- would be able to choose from 10, 20, 30, health care provider, Mutual of Omaha, sion in the past to forego medical and 80 different plans that are offered in not because of his particular condition dental checkups. On some occasions the exchange, empowering consumers but because they were dropping the where he did have a checkup, he had to with choice and empowering market whole class of the insured, all single- limit the amount of care or the pre- mechanisms to relentlessly charge for- payer, private policy owners; and at scriptions that were assigned to him. ward to improve efficiency in the in- the time, that was millions and mil- Paul is worried that his two older surance marketplace. lions of subscribers. brothers, Peter and Michael, passed Bill concludes the problem isn’t prof- His story ends up somewhat happy away at relatively young ages. Paul is its. The problem is lack of competition only because he became eligible for our nearing the age where his brothers’ in the health insurance market. The government-sponsored single-payer lives were taken, and he’s worried that solutions, Bill writes, is to establish a health care program for the elderly and he won’t live to see his 50th or his 52nd public option that will control costs, disabled, namely, Medicare. birthday. keep prices down, and set off real com- He was able to file for disability and In addition to health care reform, petition in these markets. receive Social Security disability pay- which would provide affordability cred- By giving small businesses like Bill’s ments. His health care costs are cov- its for Paul to purchase insurance from access to exchanges, tax credits to help ered by Medicare, the AIDS Drug As- the provider of his choice, allow his them afford the cost of insurance and sistance Program and the Colorado In- small business to purchase insurance assuring them that they won’t receive digent Care Program. He asked that I through the exchange making it more pricing discrimination because one or work hard for health care reform so competitive and attracting other em- two of their five employees might have that his friends, especially men and ployees from larger businesses so that a preexisting condition, we enable and women in their 50s and early 60s before they could offer some of those same empower companies like Bill’s and they’re eligible for the government sin- benefits, there is also an important bill each of their employees to make deci- gle-payer system, Medicare, can’t af- in Congress sponsored by Representa- sions in the marketplace that lead to a ford to get coverage under the current tive TAMMY BALDWIN that would pro- more efficient marketplace for insur- system. vide full health care benefits to domes- ance in our country. This gentleman, based on his experi- tic partners. Thank you, Mr. Speaker. ence and long interactions with our Paul’s partner, Doug, spent his ca- b 2240 health care system and triumph and reer in public service working for the struggle against HIV, is for a govern- National Park Service, and yet he Mr. Speaker, I rise today to share ment option in health care and wants doesn’t have the same benefits that a with you stories that my constituents all of us to continue to support reform. heterosexual would have who had in Colorado gave to me and asked me Thank you, Mr. Speaker. served in that capacity. to share on the floor of the House of Mr. Speaker, I rise today to share Representatives. with you stories of real people, con- So in addition to the benefits within health care reform and making health Lynn Valverde, a constituent of mine stituents in Colorado, and why they in Thornton, Colorado, wrote to me need us to act on health care reform care affordable for people like Paul, it’s critical that we pass domestic part- that her son was diagnosed with asth- now. ma when he was about 3 years old. At One of my constituents from Ever- nership benefits for Federal employees that time, Lynn was a single mother. green, Colorado, wrote to me the other to ensure the competitiveness of our Due to divorce and her son’s father not day, Paul Lizitski. Paul asked that I Federal workforce through the 21st paying child support, Lynn had very share this story with you. century. Paul has lived without health care at Thank you, Mr. Speaker. little money. many various times throughout his Mr. Speaker, I rise today to share She was working full time when her life, including the past 2 years. He joins with you stories of real people from son was diagnosed, and she had health over 45 million Americans who lack Colorado who wrote to me and asked insurance. But Lynn wanted something health care insurance. He’s highly edu- that I share their stories with you with better for herself and her family. She cated. Paul has a master’s degree, but regard to the urgent need to pass returned to college full time, a decision a master’s degree doesn’t ensure that health care reform. that I applaud, that we as a society ap- you can have affordable health care. Bill Reed wrote to me from plaud. She wanted to create a more His work and career path have led Silverthorne, Colorado, a mountain stable financial life for her son and her- him through various health and human town. Bill runs a small business. They self. Both her son and she were living services and occupations, and he’s been offer health insurance to their employ- with Lynn’s mother, the child’s grand- a public school educator, a Medicaid ees where the company contributes a mother, while Lynn was working to- case worker, and a hospice caregiver. fixed amount and the employer pays wards her B.A. She applied and re- He’s now a private gardener, and some the difference. But this year, their plan ceived student health insurance, but day he hopes to grow his business into came up for renewal, and they were inher son’s asthma issues increased, and a garden center and create jobs. formed by their carrier that their 2009, within a very short period of time, the Paul is 46 years old and he’s been in 2010 premiums would increase 22 per- student insurance dropped her son due a nonlegally recognized gay marriage cent. This 22 percent increase occurred to the scarlet letter of ‘‘preexisting for 15 years. His spouse, Doug, has in the worst recession of a generation. condition.’’ health care security from his long ca- Needless to say, Bill contacted nu- Lynn attempted to apply for Med- reer with the National Park Service. merous other health insurance compa- icaid for her son and was told that He’s since retired and continues to nies trying to get competitive bids to since she had assets in her car, which enjoy requirement benefits. But under reduce this cost, but no other providers she was making payments on, and her current Federal law, Paul isn’t eligible would even meet with Bill and his com- only other asset, a $5,000 bond in a safe- to be part of Doug’s insurance in any pany, no less bid for their business. deposit box that an aunt had given for way. Bill writes: ‘‘As a good capitalist and the son, she would need to pay for her Paul lives with the knowledge of hav- businessman, when companies don’t Medicaid, and her son would only be ing no biological offspring and lacking compete, market mechanisms fail.’’ I able to visit Medicaid doctors. the same rights that heterosexual cou- couldn’t have said it better myself. She applied, and within a short pe- ples take for granted. He needs to try One of the key components of health riod of time, her son had a serious at- and fend for himself. As it applies to care reform is ensuring that there is tack. There was only one Medicaid doc- health care, all he can do is try his more competition within the insurance tor that was within a 50-mile radius. hardest to maintain his physical and industry. Under the exchanges that are Lynn took her son to the only Med- mental health at a level that he can af- created, small businesses like Bill’s icaid doctor. And she wasn’t satisfied ford and pay out of pocket his personal would be able to contract with the ex- with the quality of the treatment that health care costs until he reaches change to provide health care and each her son was provided. She wanted to go Medicare-eligibility age. of the employees of Bill’s company back to his old doctor, the one she used

VerDate Nov 24 2008 03:55 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.099 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11288 CONGRESSIONAL RECORD — HOUSE October 13, 2009 to see before the insurance dropped Colorado and their own travails in our and over for 18 months. Every person him. The old doctor looked at the pre- health care system who want me to they spoke with thought it was cov- scriptions that the other doctor had share with you their reasons for pass- ered, and still, the machine of the in- made and noted that the son had been ing health care reform. surer kept denying the claim. prescribed medication doses meant for I want to share with you a story that Finally, John was told that it was adults. Linda from Broomfield, Colorado, too long since their last phone calls, Needless to say, from that point for- shared with me last week. Linda’s that their calls didn’t count as a chal- ward, Lynn prayed a lot that her son story isn’t about her. It’s about a lenge and their claim was permanently wouldn’t have the serious attack and friend of hers. denied. made the very difficult pay out-of- A friend of hers is a good, hard- John had to threaten to sue and had pocket money, any money she could working 22-year-old. Her friend is his employer intercede. And guess muster borrowed from friends to pay working two jobs. She recently quit a what? The claim was promptly paid. for her son’s treatment. third job because she couldn’t do it b 2250 There is a happy ending. Finally, anymore. Her friend makes too much Lynn met a wonderful man, got mar- to qualify for government assistance John guesses from this and other ried and was able to get her son on but not enough to afford to pay for similar experiences what many of us their insurance. Her son is now 23 years health care insurance, which she conclude, that insurers routinely deny old and fine. doesn’t receive through her work as a claims that should be covered. Accord- Lynn wants to make sure that no waiter and a barber. She is a respon- ing to John, Knowing that few people American family has to go through sible, tax-paying homeowner who have the time to follow up so dili- what she and her son did. And by pre- works in a profession that doesn’t pro- gently, and each person who gives up venting discrimination based on pre- vide group health insurance. and just pays the erroneously denied existing conditions, by providing af- Linda writes that her friend is an ex- claim creates greater profit for the in- fordability credits for working families ample of the tens of millions of Ameri- surer. This is an example of why, John to be able to receive the resources they cans who work in service professions, writes, we need options that remove need to buy the insurance of their auto mechanics, hairdressers, et the insurer from the picture. We need a choice, we empower people like Lynn cetera. We rely on these folks, Linda public option, or it isn’t reform. to make choices in the marketplace writes, but they are really stuck. You know, I held about 22 town hall and have access to the insurance of What would the health care proposals meetings in the month of August their choice. And that is why I call before Congress do for people like across Colorado, and at many of those upon my colleagues in the House of Linda’s friend? Based on income levels, I asked, How many of you, raise your Representatives to pass health care re- up to, it’s being negotiated, 300 to 400 hands, have had to battle with an inform now. percent of the poverty level for indi- surance company over a denied claim? Thank you, Mr. Speaker. vidual wage earners up to 40, $42,000 a And at these meetings we had people Mr. Speaker, I rise today to share from the left, people from the right, with you stories from Colorado that year in income, they would receive affordability credits that they would be people from the middle, all across the my constituents gave to me of their great ideological spectrum that makes dealings with health care and why we able to use. It’s a voucher to be able to purchase the health care of their up our great Nation, and in every need to pass health care reform now. crowd, 80, 90 percent raised their hands One of my constituents from Boulder, choice so that people like Linda’s and had witnessed, borne witness to Colorado, asked that her name not be friend wouldn’t have to worry about that battle that John, in his case, suc- used, but wanted me to share with you being uninsured. They would have ac- cessfully fought to have his son’s claim her story and her travails. She had a cess to buying insurance through an paid. small ovarian cyst several years ago exchange, a low-cost option that allows Who gets the brunt of not having that ruptured. She was insured at the them to choose from a multitude of in- their claims paid? It is frequently the time with a high deductible. She went surance companies, or the public op- to the ER. She didn’t know what the tion, at one low cost, giving them the least empowered among us. John, who pain was. She thought it might be ap- same purchasing power as multi- is college educated and works with an pendicitis or something else. They or- national corporations and the same le- employer that was willing to stand up dered two CT scans, which were incred- verage in negotiating insurance compa- for him, was willing to get their claim ibly expensive, about $1,600 a picture. nies as multinational corporations. accepted. What if you don’t have a high Later she found out that had she been Linda’s friend is a good American. school diploma? What if you’re not flu- uninsured, the hospital would likely And there are millions of Americans in ent in the English language? What if have ordered an ultrasound instead. that same situation working one job, you’re not aware of your legal rights or The hospital staff kept pushing her two jobs, three jobs, not getting cov- ability to use the court system? It is to to take pain medications, though her ered through work, unattainable cost those who are least among us who feel pain wasn’t that severe. She wanted to of coverage on their own. the brunt of having their claims denied stay in touch with what she was feeling The bill before us, Mr. Speaker, and whom the insurance companies as- in case her condition worsened, so she would allow Americans like Linda’s sume will not lift a finger to fight did not take the pain medications. She friend to go to sleep every night with back. That is why it’s critical that we feels that if she had the right level of the confidence that they have the provide consumers with more choice insurance she would have received a health care that they need. through creating an exchange that better quality of care. And she saw Thank you, Mr. Speaker. gives each employee of a company in- firsthand the difference between the Mr. Speaker, I rise today to share sured through the exchange the choice way that people who are insured and with you stories of real people and why of dozens of companies, including the uninsured are treated in our medical we need to pass health care reform public option. system. now. You know, some people, rightfully or There are people who are uninsured One of my constituents from Boulder, wrongfully, trust private, for-profit in- in similar situations whose stories I’m Colorado, John Toslosky, wrote to me surers more than they trust our gov- not able to share with you today be- the other day and asked that I share ernment. Other Americans trust gov- cause they are no longer with us. And his story on the floor of the House. ernment more than they trust private it is their memory, as well as for the For 18 months, John has continu- insurers. With a public option as a living memory of those like this ously monitored a significant claim for choice, that value judgment, that nor- woman from Boulder who asked that I their son. It was denied, which happens mative judgment is up to you and no share her story that it is critical that all too often. John called, and they re- one else. You can choose to trust gov- we pass health care reform today. viewed their policy, and they stated ernment or to trust your insurer. In Thank you, Mr. Speaker. over the phone that it was clearly cov- John’s case, and many others, they Mr. Speaker, I rise today to share ered. A week later, a denial letter came have been fed up with their experience with you stories of real people from again. This process repeated itself over with private, for-profit insurers. That’s

VerDate Nov 24 2008 03:55 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00114 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.101 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11289 one of the reasons we need to pass share with you why we need to pass why we need to pass health care re- health care reform now. health care reform. form, stories I hold close to my heart Thank you, Mr. Speaker. I want to share with you the story of as I do battle and encourage my col- Mr. Speaker, I rise today to share Joyce Essex of Colorado. Joyce has a leagues to join in supporting President with you stories from my constituents concern for the many families like hers Obama’s plan to improve health care in in Colorado about why we need to pass that are middle income. She is con- America. health care reform. cerned about families that make Jeremy Johnson from Colorado wrote One of my constituents from Boulder, $60,000, $80,000, $90,000 a year. Joyce is a to me the other day. He was born in Colorado, Spence Havler, wrote to me retired teacher with 30 years, a decent Denver and lived in Colorado most of the other day. He wrote about his expe- pension. Her husband is a commis- his life. Last November, like a lot of rience a few years back when he was sioned salesperson. They have a daugh- Americans, he lost his job. Subse- visiting friends in France and his wife ter in college. Their health care pre- quently, Jeremy lost his health care. had an accident and acetone entered miums are about $1,000 a month, and That’s the third time he has been her eye. This was a very serious emer- that doesn’t include deductible laid off in his life. The first time he gency situation that if not dealt with amounts, drugs and copays and a TMJ was unemployed because there were urgently and correctly could jeopardize disorder their daughter has. Their in- budget cuts at the University of Colo- her eyesight. surance has paid none of the $2,000 that rado, the flagship university in my dis- Their friends rushed them to a local they had to pay to get her help. trict and, like a lot of public enter- ophthalmologist near Paris who imme- Right now, Joyce has 3 months of prises, had fallen upon hard times and diately took her into his office. He had COBRA payment from her husband’s budget cuts and Jeremy lost his job up-to-date, high-tech equipment to job change, as well as their regular there. He then went into several temp evaluate the condition of her eye, and health premiums. Her husband and jobs and was eventually hired into a his treatment was quick and effective. daughter are on a separate plan, her permanent position with Citibank in He also provided continued medication plan as a retired teacher. They work the spring of 2006. to speed the healing process. All of odd jobs for additional income, like a He became eligible for their benefits this, Spence writes, was free, abso- lot of families. But more and more, program and went on to their benefits lutely no cost to a U.S. citizen under Joyce sees medical bills taking a huge program; but a year and a half later, the French health care program. bit out of their income. And remember, they eliminated half of the people in Spence writes, I hope this personal she and her family are healthy and in- his department and moved the rest to account will be of use in your efforts. sured. Maryland. Once again, Jeremy found We are most grateful to the French Insurance, Joyce writes, is a nec- himself unemployed and uninsured. policy and hope that America might essary evil. Joyce writes that we After searching for months for em- find a way to provide similar benefits. should be sure that health care reform ployment without success, he applied I have heard from many other con- helps those of us that do not have ex- for part-time seasonal jobs with a large stituents who have shared these stories cess money and who are not poor. We home furnishings retailer and started of travels in Europe; and likewise, I help so many in so many ways in this work there to pay bills. He was able to have heard horror stories of visiting country. Help those of us, Joyce writes, earn insurance benefits for 3 months, foreigners in our own land and their who work hard, pay taxes, and appre- but he lost those benefits when he was travails and shock when presented with ciate the opportunities we have living laid off due to the economic impact on high health care bills. The truth of the in the United States of America. the industry and on retailing. matter is we have a lot to learn from Through health care reform, we will Now, shortly after his most recent experiences in other countries. provide affordability credits in the layoff, Jeremy was diagnosed with a America spends over 15 percent of our House version of the bill. It goes up to medical condition. He is afraid that gross national product on health care. 400 percent of the poverty level. For a when he finally gets insurance again, The average among the Western Euro- family of four, that’s up to $72,000 a the treatment for that condition, the pean countries in the industrialized year. So if a family of four is making very condition he needs medical care world is 8 to 9 percent. Now, we spend $60,000 a year, $65,000 a year, $68,000 a for, will not be covered because it will nearly twice as much. Would it, per year, they will receive affordability be considered a preexisting condition. chance, be worth it if we were the long- credits, vouchers that they will be able Jeremy is an athlete. He considers est lived and healthiest people on the to use to choose the insurance of their his health important. He has competed planet? Perhaps. But we are not. We choice from any of the insurance opin the AIDS/LifeCycle from San Fran- are in the middle of the pack. Many of tions within the exchange, including cisco to L.A. 2 years in a row. He has these same countries that spend 8 to 9 the public option. This would empower raised thousands of dollars for good percent of their gross national product families like Joyce to consolidate, to causes through his races, raised money, on health care are healthier than us, be on the same plan, to have access to ironically, for treatment for people have longer life spans than us, accord- hundreds of choices where today, none, who are not covered by our current ing to the World Health Organization. none exist. health care system. Yet Jeremy him- Spence’s point is valid. And while Joyce has her retired teachers plan. self lacks coverage through no fault of this particular set of reforms that Her husband, who switched jobs, is on his own. we’re presenting to the United States the employer’s plan. And for their What we accomplish in health care Congress is not like the French system, daughter, they have to pay out of pock- reform is encourage employers to pro- not like the German system, not like et for one plan or the other. Families vide health care, give them access to the Canadian system, not like the Brit- like Joyce’s will benefit tremendously exchanges, provide affordability cred- ish system, it is a uniquely American from health care reform. its. For individuals earning up to system that embraces the power of free We are not just talking about the $41,000, $42,000 a year, they will receive enterprise that makes America great, very poor. We are talking about middle affordability credit to take to the in- promotes competition among insur- class American families like Joyce’s surance provider of their choice to ac- ance companies through the exchange, and reducing the cost of health care inquire insurance. provides a public option, provides af- surance and giving them the security Health care will become more mobile fordability credits to help middle-in- so that they can go to bed every night through the exchanges. Jeremy and come families afford health care. It is a without worrying about losing their millions like him will be able to take uniquely American solution. It is the health care. health care from one employer to the right solution, and I encourage my col- Thank you, Mr. Speaker. other through the exchange. leagues to support health care reform. We owe to America that the millions Thank you, Mr. Speaker. b 2300 of people in Jeremy’s condition Mr. Speaker, I rise today to share Mr. Speaker, I rise today to share shouldn’t need to worry about where with you stories from Colorado, stories with you stories from Colorado of real their health care will come from from real people who wanted me to people, stories they shared with me of should they suffer from an illness, have

VerDate Nov 24 2008 03:55 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00115 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.102 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11290 CONGRESSIONAL RECORD — HOUSE October 13, 2009 to worry about having a string of bad hospitals, acute long-term care, in-pa- Mr. KING of Iowa. Mr. Speaker, I ap- luck and layoffs because of the reces- tient rehab. He couldn’t walk, eat, sit preciate being recognized to be able to sion or job relocations. By passing up or use his left side. He was on oxy- address you here on the floor of the health care reform today, we can give gen, had a feeding tube. Mary Jo writes House of Representatives and raise Jeremy and the millions like him the that she was among one of the lucky some of these issues that are so impor- health care that they need to con- ones that had insurance. They said it’s tant and critical to the American peo- tribute to our great Nation. been a constant battle to receive the ple. Thank you, Mr. Speaker. benefits that he was entitled to, and he As I have listened to the last hour, I Mr. Speaker, I want to share with required her to become an advocate can’t help but bring myself to com- you a story that one of my constitu- every step of the way. ment a little bit on that delivery, and ents wrote from Colorado and asked You know, I have had a series of town I would speak to the last 50 minutes or that I share with you on the floor of hall meetings, about 22 of them in the so of it specifically, that is, that we are the House of Representatives. She month of August across my district, a great Nation because we have under- doesn’t want her name to be used but and I would ask at those town hall stood the principles that motivate the wanted the power of her words to em- meetings how many of you have had to American people to come forward and power me to convince my colleagues of fight denied claims of your insurance do the right thing and to take personal the urgent need to pass health care re- companies. It was an ideologically di- responsibility and be productive and to form. verse crowd, maybe a third against any negotiate for a good value for their Her partner was recently diagnosed kind of health care reform, a third for health insurance dollar and to manage with stage 3 breast cancer. At that single payer and a third somewhere in their health in a way and set up a sys- time she was working at Regis Univer- the middle. Eighty, ninety percent of tem so that they are rewarded for high sity, a private university which pro- the crowd, regardless of their ideology responsibility and that there is a pen- vided insurance but didn’t offer it to or their party, raised their hand and alty there for a low level of responsi- domestic partners. said I have been there, I have had to bility. With the use of her flexible spending fight a denied claim of my insurance b 2310 account, she was able to get her to a provider. doctor. That doctor refused to diagnose Well, Mary Jo had to do that on be- Some of us, in fact a lot of us on this her, not for some nefarious reason. He half of her husband, had to fight every side of the aisle, have laid out data set refused to diagnose her out of the good- day to ensure that those bills were after data set that shows what moti- ness of his heart. How ironic. Why? Be- paid. Mary Jo is hopeful that health vates the American people to do the cause he knew that she would get lost care reform changes this scenario for right thing, and also provided the dis- in the system and be refused treatment her and millions of others. We need incentives, described the disincentives due to no insurance if she was labeled, choices, Mary Jo writes, and competi- when people don’t do the right thing. labeled with the scarlet letter of a pre- tion to force insurance companies to be It never ceases to amaze me how the existing condition of breast cancer. transparent, not against us, every step other side of the aisle seems to want to Fortunately, this woman’s partner of the way. focus on anecdotes, not facts, and we did survive and win the battle with Mary Jo is right. What this bill ac- can reflect back upon the immigration cancer. She was given the opportunity complishes is it provides competition subcommittee where we had hearing to be diagnosed by a referral from this among the insurance industry through after hearing, witness after witness, doctor to a clinic who helped women the exchanges that are being created. anecdote after anecdote. with breast cancer. With the public option, insurance com- Mr. Speaker, even in the perfect Now, I can’t tell you whether what panies in some markets for the first model of Utopia, there will always be that doctor said or did was legal or ille- time ever will face real competition. an individual that slips through a gal in not giving the right diagnosis, Those who delay, who fight or who are crack, whether we can imagine what it but I can tell you that that doctor did bad at paying claims will quickly lose was beforehand or not. We can always the right thing. I can tell you what the customers to leaner and more efficient take that individual’s story and use it wrong thing is. It is putting a doctor in insurance providers. and say, this illuminates the whole. that situation where they have to deny That, Mr. Speaker, is why we ur- The gentleman from Colorado has and not give the very diagnosis that gently need to pass health care reform now delivered about 50 or 55 minutes of they know is medically accurate, be- in this body, to ensure that people like individual case after individual case, cause they know that the very diag- Mary Jo and millions of other Ameri- and I am sure every one of us in our nosis and the act of giving it could be cans don’t have to fight their insurance district have dozens and hundreds of a death sentence for their patient. companies every day. Because when we those kinds of cases. But as I have lis- ‘‘Do no harm’’ is the oath that doc- have this kind of scenario, who gets tened to this last hour, I have heard tors take, and the doctor that didn’t the short end of the stick? It’s those not one statistic, not one piece of data, diagnose this woman’s partner upheld who are not empowered and able to nothing based on empirical informa- the highest and truest form of that fight their insurance companies on de- tion that one should be able to take oath in not making that diagnosis and nied claims. and establish a national policy off of. allowing her partner to live. What about if Mary Jo hadn’t grad- Surely, as a nation, we are not the Thank you, Mr. Speaker. uated high school? What about if Mary kind of people that listen to an anec- Mr. Speaker, I rise today to share Jo wasn’t fluent in English? Mary Jo dote and knee-jerk our way towards a with you stories of real people from was a retired school teacher. She knew national policy, believing somehow Colorado and why we need to pass what she had to do to advocate force- that if we can solve the problem of this health care reform in this body. I had fully on behalf of her husband to en- individual, we can solve the problem of hundreds of constituents share their sure that all of us who have policies the whole. We do that with data, we do very personal stories with me. One of get what we are paying for. We need to that with statistics, we do it with them, Mary Jo Schoolmaster from Col- make insurance companies answerable, facts, and we do it with good, sound orado Springs. She and her husband are and that’s why we need to pass com- judgment that illuminates the facts both retired teachers. prehensive health care reform. that lie underneath those data points. In 2004, he suffered a brain stem bleed Mr. Speaker, I yield back. But as I mentioned, in that immigra- that hospitalized him for 5 months: f tion subcommittee, it went on for surgery, pneumonia, feeding tube, ter- weeks of hearings, introducing study rible, terrible ordeal. He came home COST OF HEALTH CARE REFORM after study, data after data, and always and with stubborn determination he re- The SPEAKER pro tempore (Mr. calling for, where are your studies on gained 95 percent of his functionality. PERRIELLO). Under the Speaker’s an- the other side? Show me the data. He returned to work in 2005 as a dean of nounced policy of January 6, 2009, the Finally there was a report that was students and as a football coach. gentleman from Iowa (Mr. KING) is rec- introduced into the record. And as the After retiring in 2006, he had a second ognized for the time remaining until Chair asked unanimous consent to in- bleed. He spent a full year in and out of midnight. troduce the report into the record, I

VerDate Nov 24 2008 03:55 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00116 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.103 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11291 thought, finally, finally I am going to Why would we need more competi- how, I believe he said in Mississippi, 75 get my hands on a report. I am going to tion if we had 1,300 companies and percent of the policies are sold by only understand how they do an analysis 100,000 policy varieties, unless you hap- five companies, and I think he said in and how they look at the data and how pened to just believe that the Federal Alabama, 95 percent of the health in- they come to a conclusion, because we Government should be running things? surance policies, and I think that had come to opposite conclusions quite If that is the case, you would put them to have been in the individual market, often. On the critical issues we always in the business to compete against though the President didn’t say it, are come to opposite conclusions. So I them, and we would have in theory sold by just five companies. That kind want to see the data. 1,301 health insurance companies and of narrow competition does not bring I got my hands on the data. This re- 100,000 and who knows how many poli- down costs, and, as the gentleman indi- port that was introduced into the cies. cated, allowing the sale of health in- record as a response to my call for But truthfully, these two white surance across State lines would do ‘‘show me your report, show me your boxes, the insurance companies that that. study, show me your data,’’ when I got exist, the health insurance policies My bill actually doesn’t allow the my hands on it, it wasn’t a report at that exist, they would have to qualify. sale of health insurance across State all. It was simply a critique that was They would have a 5-year period of lines. What it says is, you can file a written of a report that I had intro- time, according to the bill, in order to policy in one State, have it qualify duced into the record some weeks ear- qualify for the new qualified health with the laws of that State, then file it lier. That was what substituted for benefits plans that would be estab- and sell it in all 49 other States. It facts. lished. And the rules that would be means you could bring a policy to the Now, here we have 50 to 55 minutes of written for an insurance company to market in all 50 States for a fraction of individual anecdotes, sad as they may qualify and for their policies to qual- what it costs today, but it also means be. But there may well be other solu- ify, it would be written right here in that you could pick a State with a tions, and there may be more people this box, in the health choices adminis- modest level of so-called mandates or hurt off of this, rather than less people tration by the health choices commis- benefit mandates, perhaps a State that hurt, if we adopt the policy that is ad- sioner, who would set the new rules for didn’t mandate for a hair prosthesis or vocated by the President of the United all of these policies and companies. a State that didn’t mandate aroma States and by the gentleman from Col- And these policies and companies, all therapy or a State that didn’t mandate orado. of them would not qualify. The compa- some other esoteric type of treatment. So, Mr. Speaker, I do have some data, nies wouldn’t all qualify, the policies And, of course, every mandate adds to but I also first would like to lay a little would not all qualify. If they did, there the cost of the policy. backdrop of what we are talking about would be no reason to have the regu- So I thank the gentleman for refer- here, the health care reform debate. lator write the new set of rules. ring to that. I appreciate the charts he This is a little bit of the history of So we do have an individual who has has put up in front of the people. the health care reform debate. This is really driven this issue of how we set I really want to get a dialogue going lifted out of the archives of the New up competition between the health in- about the shocking, and I mean shock- York Times from back in 1993–94. It is surance companies, and that is to allow ing things that have developed on health care just in the last four or five a replica of the chart that I had on my the American people to buy health in- days. construction office wall for some years, surance across State lines. I just have by the way, and this is a chart that to thank and congratulate JOHN SHAD- b 2320 scared the living daylights out of me. EGG for being the driver of that idea And let me just mention those three When I saw the government that was and that issue for several years here in or four items briefly, and then maybe created by HillaryCare, we called it the House of Representatives. we can get a dialogue going and talk then, this is what scared the Senate He is with us tonight, and I would be back and forth about them. and the House of Representatives off of glad to yield to the leader of the Shad- First, we had the CBO score of the a national health care act, creating all egg bill, I call it, to sell insurance Baucus bill. Wow. Our colleagues on these new government programs. Just across State lines and set up competi- the other side of the aisle, Democrats a look at the chart. You didn’t have to tion in that fashion, in the Federalist in the Senate were high-fiving each study it, although I did study it, to un- model of States competing against other. Oh, my gosh. They had a score of derstand how big of an impact it would States from the private-sector perspec- only $829 billion. I wonder if the gen- have on our economy. tive, the gentleman from Arizona, JOHN tleman realizes that the CBO scored Now, this economy, maybe 14.5 per- SHADEGG. that bill counting 10 years of revenue cent of our GDP is spent on health Mr. SHADEGG. I thank the gen- from the taxes but only 7 years of ex- care. It might be higher than that. But tleman for yielding and I appreciate penditures? Under the Baucus bill, this black-and-white chart, Mr. Speak- that compliment. It is kind of exciting taxes start in 2010; expenditures for the er, is relatively mild, although this to know that more and more people program costs don’t begin till 2013. So black-and-white chart, HillaryCare, is here in America are discussing the idea when CBO scored, it scored it for 10 a complete government takeover of our of selling or making available insur- years, beginning in 2010, ending in 2020. health care system. ance across State lines, because that They counted 10 years of revenues, 7 This, Mr. Speaker, is a gradual com- would be competition, real competi- years of outlay. I went home to my plete takeover of our health care sys- tion, and would drive down the cost of wife and said, even the Shadegg family tem in the United States. This lays out health insurance for all Americans. budget would look good, even the Shad- all of these new agencies and depart- Indeed, we have a study that shows egg family budget would look good if ments, all of those in color. Those in that literally millions of additional we could count 10 years of my salary white are existing. Those in color are Americans could afford health insur- and her salary or our income and only created by H.R. 3200, the House’s ance without the expenditure of a dime 7 years of our family outlays. That’s version of the bill. It is scary in and of of public money if you allowed policies scandal number one. They get better. itself. to be sold across State lines. Unfortu- Scandal number two, we discovered The focus I would bring on this, Mr. nately, the current Congress doesn’t that HARRY REID, HARRY REID, major- Speaker, is here to the private insur- seem to be interested in that idea, and ity leader of the United States Senate, ers. The President has said we need we were not able to get it through found out that under this bill, because more competition, more competition when the Republicans were in power. the cost of Medicaid is going to be infor the 1,300 health insurance compa- But maybe that idea’s time is coming. creased dramatically, the size of the nies in the United States; more com- I do note that the White House and Medicaid program’s going to be in- petition for the 100,000, and that is this the President have both talked about creased dramatically, that the burden box here, different varieties of policies the lack of competition in the indi- paid by the individual States would go one can purchase here in the United vidual market. Indeed, in this very up quite significantly, including on Ne- States. Chamber the President talked about vada. As it turns out, HARRY REID’s up

VerDate Nov 24 2008 03:55 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00117 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.105 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11292 CONGRESSIONAL RECORD — HOUSE October 13, 2009 for reelection this year and he says, keting business, but wait, there is overnight takeover of health care by whoa, whoa, whoa. As your Senate more, because our famous United the government. The current version, leader, I can’t be hurting the State of States Senator from New Jersey, Sen- ObamaCare, is a gradual takeover. Nevada. So he got an exemption. Inter- ator BOB MENENDEZ, that wasn’t good Trust me, the minute you take power estingly, not an exemption for all 50 enough for him. away from the people and give it to States. No exemption, for example, for BOB MENENDEZ represents a State Washington politicians, you get real Iowa where the gentleman’s from. No where there’s a lot of health care, a lot sweet deals. Powerful HARRY REID pro- exemption for the State of Arizona of health care drug companies that tects Nevada. Powerful CHUCK SCHUMER where I’m from. He got an exemption manufacture pharmaceuticals. Senator protects New York. Powerful BOB for Nevada and three other States—Or- MENENDEZ, they wanted his vote. He MENENDEZ protects New Jersey. Power- egon, Rhode Island and Michigan— negotiated a deal. He got a $1 billion ful DEBBIE STABENOW and JOHN KERRY under which the Federal Government tax credit into this bill, into the Bau- protect Michigan and Massachusetts, will pay the State’s share of Medicaid, cus bill, for investments in drug re- and at least MARK UDALL, kind of a pup if this bill passes, for the next 5 years. search and development. By all means, in all of this, little bit young, not sea- Just a little perk for a powerful United let’s protect New Jersey because BOB soned and powerful yet, he’s going to States Senator like HARRY REID. MENENDEZ’s vote is needed. But wait. try to protect the people of Colorado. You know, it occurs to me, and I’ll go There is more, because in the political Political health care, here we come. through these other scandals very world of political health care, if we’re What you pay for health care in Amer- quickly, but what we’re really getting going to politicize health care, if we’re ica once this bill is law won’t depend so here is we’re not just getting single- going to give the politicians control of much on the bill as on whether or not payer care. We’re getting full-on Rus- our health care from border to border, you’ve got a powerful United States sian gulag, Soviet-style gulag health coast to shining coast, or sea to shin- Senator or a poor sap United States care, because under these plans it ing sea, by gosh, that isn’t enough. Senator who can’t pull the levers of won’t matter so much that you live in So DEBBIE STABENOW of Michigan and power and get done what you want. America. It will matter whether you JOHN KERRY of Massachusetts said, you And I guess I’m just interested in what live in the State that’s represented by know, this health care could be really the gentleman from Iowa thinks about a powerful Senator or perhaps a power- expensive and we have lots of union these lovely little scandals that are ful Congressman, because we just workers in our States, in Michigan and going on. learned HARRY REID has just protected in Massachusetts. DEBBIE STABENOW, And oh, by the way, these are the politics they’re playing while there’s the people of Nevada and three other JOHN KERRY, they’ve got just a small States from having to pay their share little piece in the bill, you know, we’re sunshine. Imagine when this bill gets of the Medicaid expenses. going to play a little politics with kind of behind the smoke screen rooms But wait, as they say in the adver- health care, why not play a little poli- and the President’s new health care czar is implementing the policies that tising world, there is more, because, as tics. They got—they make BOB MENEN- make that chart possible. And I’d be you know, the funding mechanism in DEZ look like a piker. They got 5 bil- interested in the gentleman’s reaction. the Baucus bill says we’re going to im- lion, count them, $5 billion into the bill pose a surcharge, a surcharge on very to defray the cost of medical care for b 2330 expensive gold-plated health care union workers. Mr. KING of Iowa. Reclaiming my plans. Got to tax those expensive Now, if you happen to be a right-to- time, I am astonished to a significant health care plans. Well, CHUCK SCHU- work State like Arizona where we degree here at the depth of this, and I MER, little CHUCKIE SCHUMER of New don’t have many union workers, well, didn’t catch that article coming into it York, United States Senator, said, that’s just too bad. You don’t get the over the weekend, so this unfolds as wait, that surcharge might apply to benefit of that $5 billion. But if you’re new news to me, at least in the com- my constituents in New York. I can’t a union worker, DEBBIE STABENOW and posite. Some of the pieces I picked up. have that. JOHN KERRY are making sure that It is breathtaking in its scope when So Senator SCHUMER, in the give-and- those poor saps in Iowa that aren’t you add up the billion of dollars, the take of politics in America, if we’re union members and those poor saps in audacity. The President likes to use going to have political health care, by Arizona who aren’t union members get the term ‘‘audacity’’: The Audacity of gosh we’re going to have really polit- to chip in an extra $5 billion for the Hope. How about the audacity of political health care. He said, no, no, no. union members in Michigan and Massa- ical health care, the patronage that We’ll allow that surcharge, which is a chusetts. comes with this? 40 percent tax on policies that cost Not to be outdone, MARK UDALL of Mr. SHADEGG. Hey, the audacity of over 21,000. We’ll allow that to be the Colorado, he comes in and says, well, power. HARRY REID can do it because law in Kentucky or in Arizona or in this may be round one where we nego- he’s HARRY REID. And if that’s too bad Iowa, where the gentleman’s from, but tiate amongst the members of the com- for the people of 46 other States be- no, no, no, not in New York. In New mittee that the bill’s going through cause they get to subsidize the people York, we won’t let the surcharge kick right now, but trust me, if HARRY REID who live in HARRY REID’s State, I guess in until the policy costs $24,000. And in has gotten a provision in there saying HARRY REID’s answer is, That’s just too Massachusetts, it won’t kick in until that Nevada doesn’t have to pay the bad. the policy costs $25,000. So, if you’re State share of Medicaid, by God, I, Mr. KING of Iowa. I pull this back lucky enough to live in the State MARK UDALL, am going to fight for the and I look at item number one, the where you have a powerful Senator, same provision for my State of Colo- CBO scoring the bill in 7 years of ex- like CHUCK SCHUMER, you can get it so rado. penses in 10 years of revenue in order that your luxury tax won’t kick in So there you have it, ladies and gen- to get it to turn out so it doesn’t vio- until your policy costs $24,000 or tlemen. Don’t believe me. This, all of late the President’s pledge; and I am $25,000, unlike the poor sap who lives in what I’ve just recited for you, comes wondering if these carve-outs that Arizona or Iowa or Kentucky where the from the Wall Street Journal, an arti- come for these powerful Senators like luxury tax kicks in at $21,000. cle called States of Personal Privilege HARRY REID and others when they’re Ladies and gentlemen of America, by Kimberly Strassel. It appeared in carved out from their Medicaid costs so you want political health care? You last Friday’s Wall Street Journal. You that the Federal Government will have want politicians in charge of health can Google it. You can pick up the to pick up the tab for the Medicaid in- care? By gosh, you’re going to get it, phone and call Kim Strassel. You can creases that come with the bill, and I because that is politics American style. ask her about Soviet-style gulag health am wondering if those increases are It is as corrupt as it can get, where care in America, where powerful politi- scored against this bill. I am going to politicians like HARRY REID, powerful, cians protect their constituents. But if suspect they’re not because we’re only can protect their State, CHUCK SCHU- we’re going to have socialized medi- scoring on concepts. MER, powerful, can protect their con- cine, if we’re going to have govern- Mr. SHADEGG. I think maybe your stituents. But as they say in the mar- ment-run—the Hillary Clinton was an suspicion is correct.

VerDate Nov 24 2008 04:18 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00118 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.107 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11293 But I can tell you this much: If you where we actually have legislative lan- 100 years—that we’re not actually and I started a small business and we guage, I called my health care staff one going to do it under this bill? Well, of decided we’d do a stock offering and we day—I was in Arizona and they were course we are. Mr. BAUCUS says we are. presented a portfolio to our potential out here—I called them from Arizona The House Democrats say we are. investors and said, Here’s a picture of and I said, Hey, get me a copy of the Well, if they say we’re going to cut what our company is going to look at Baucus bill. And they said, Well, um, waste, fraud, and abuse, by all means financially, and we included 10 years of uh, Congressman, um, uh, we can’t get we’ll cut waste, fraud, and abuse; and projected revenue, but only 7 years of you the Baucus bill. We can only get we’ll produce all of those savings that what we thought would be our ex- you the chairman’s mark. And here on they need to pay for this bill. penses, you know where we’d go? We’d the House side the chairman’s mark is Mr. KING of Iowa. Since we don’t go to prison. We’d go to prison if we did a copy of the bill. have any specific language and we that. I said, Fine. Get me the chairman’s don’t have any specific approach. So But not MAX BAUCUS. He can score 10 mark. I want to see what the bill says. cutting waste, fat, fraud, and abuse years of revenue against 7 years of ex- My staff said, Well, one little slight will happen even less effectively than penditure, and they’re all high-fiving problem, Congressman. Over there in it has in the past. each other. I said in my press release it the Senate they do it different. The And the Medicare component of this, makes the Enron accounting look rea- chairman’s mark in the Senate, Mr. too, the reimbursement rates across sonable and prudent when you score BAUCUS’ chairman’s mark is just a con- the country unbalanced are only being something like that. ceptual document. It’s stunning. reimbursed at about 80 percent of the I’ve got to tell you, I don’t know a But, oh, by the way, we talk about cost of delivering those services. business in America that wouldn’t look scoring 10 years of revenue and 7 years Mr. SHADEGG. So they shift those pretty darn good if you scored—if you of expenses, the kind of Disneyland-on- costs to private care, but under this counted only 7 years of expenditures the-Potomac world we live in says, for bill—of course they’re going to wipe against 10 years of income. But that’s example, in that bill that we’re going out private care—where are they going what Mr. BAUCUS did. to save somewhere in the neighborhood to shift the costs then? And the American people—and only of $400 billion from Medicare. Now, I Mr. KING of Iowa. It has to go to the in Disneyland-on-the-Potomac, only heard the President stand in front of taxpayers eventually; borrowed money here in this crazy city called Wash- this room and say, By God, there will is where it will end up. This bill— ington where what the government be no cuts to Medicare. But interest- there’s another component of this that says is reality—notwithstanding its tea ingly, they get I think about $170 bil- is not going to be addressed. leaf reading—only here could you have lion of those cuts by saying they’re Now, they are scoring the waste, a score that counted 10 years of rev- going to cut the money that is pro- fraud, and abuse component part of enue against 7 years of expenditures vided to doctors and hospitals and labs. this to get this up to meet the Presi- taken seriously. But by God, MAX BAU- Now, that’s kind of interesting. We’re dent’s pledge. There is nothing in the CUS is being taken seriously in that going to cut how much money we give bill, not one penny in the bill, of a re- club they call the United States Senate to doctors, hospitals, and labs under duction of the worst waste, fraud, and across the way. Medicare. As the gentleman from Iowa abuse, and that is lawsuit abuse that Mr. KING of Iowa. As I listen and I knows, we have been supposed to have takes place across this country. reflect back in those first years when I done that every year since, I think, The numbers that we have seen, the got to know who JOHN SHADEGG was— 1995 or 1996. We have never once actu- health insurance underwriters have put and I remember discussions here on the ally done it. But in this bill, here in out a number—this is verbal, not in floor as I was watching on C–SPAN— Disneyland-on-the-Potomac, they’re print—81⁄2 percent of all of our health and I believe one can go back and re- counting as real savings—although care costs are wrapped up in the costs view the CONGRESSIONAL RECORD and be we’ve never cut those reimbursements of medical malpractice and defensive able to hear the criticism that you and between 1995 and today—somehow, to- medicine, unnecessary tests, and also others have made about Democrats de- morrow, when this bill is put into ef- malpractice insurance premiums, 81⁄2 claring that a reduction in the antici- fect and tomorrow for the scoring of percent. If you calculate 81⁄2 percent pated increase was a cut. the bill as only $829 billion, we’re actu- across the cost of our health care, that And so the reduction in the antici- ally going to put those cuts into effect. comes to $203 billion a year, or CBO, if pated increase was called a cut by They’ve never happened in the past, they were to score that revenue or ex- Democrats, and that was exposed—at but suddenly they’re saying they will penses, I suppose—I don’t know least to thinking people in America— happen in the future. which—but let’s say it’s 10 years, that’s and now we have a CBO, the revered, Mr. KING of Iowa. And when it comes $2 trillion that—that’s on the way out- nonpartisan CBO scoring an $829 billion to the Medicare as the proposal has side that could be saved if we address bill and scoring that bill over a 10-year been, as I understand the conceptual lawsuit abuse and reform it as we did period of time by totaling up 7 years of proposal in the Senate since there is no in this House. And it failed in the Sen- expenses and 10 years of revenue. It’s specific language to look at—and I’ve ate because the trial lawyers are able the same kind of sleight of hand, only not looked at the line items that CBO to block anything that comes through this isn’t just political sleight of hand; is scoring, and there may not be any, the Senate or the House today. this is a nonpartisan Congressional actually—but the proposal here in the There is also a number that came out Budget Office sleight of hand. House was to cut Medicare about $500 from Pricewaterhouse Coopers that 10 And it has to be, I think, with the di- billion over a period of 10 years. But percent, slightly more than 10 percent rections that come from the White there was going to be savings from actually, of the overall costs of health House and MAX BAUCUS. And as I un- waste, fraud, and abuse to the tune of care were being wrapped up in medical derstand it, there still is not a bill. some hundreds of billions of dollars. malpractice premiums and the litiga- We’ve only amended the concept to the And it’s almost as if we can’t fix the tion that’s associated with that and point where we have the amended con- waste, fraud, and abuse unless we first the defensive medicine. cepts that were voted on today coming pass a proposal that will take us to a out of the Finance Committee in the national takeover of our health care b 2340 Senate. industry. One would think if you’re So if we really wanted to fix some Mr. SHADEGG. You just made an in- going to be a responsible government, health care costs, we would go after teresting point. you wouldn’t hold responsibility hos- tort reform. I tell you, I have been here over 14 tage to passing a bill that America Mr. SHADEGG. I’m glad the gen- years, and when they started talking doesn’t want. tleman brought that up. I view this as about the Baucus bill moving forward Mr. SHADEGG. The gentleman isn’t a Paul Revere moment. The reality is and it was getting close to being adopt- truly suggesting that we’re not going America needs to know this legisla- ed and they were offering amendments to—having talked about cutting waste, tion, without one word of tort reform, to it, naive me, I work in the House fraud, and abuse for maybe the last 50– this bill, this massive government

VerDate Nov 24 2008 04:18 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00119 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.109 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11294 CONGRESSIONAL RECORD — HOUSE October 13, 2009 takeover of health care, with the cor- tests or procedures or evaluations that reform, rejected. In the Ways and ruption I have just listed, HARRY REID he or she doesn’t necessarily think you Means Committee, an amendment was protecting Nevada, CHUCK SCHUMER need, but if that doctor doesn’t order offered, rejected. protecting New York, BOB MENENDEZ them and gets second-guessed by a The current team is not about to protecting New Jersey, DEBORAH trial lawyer later, it could mean finan- allow tort reform to occur in this legis- STABENOW and JOHN KERRY protecting cial ruin for them. lation. And so we will throw out the Michigan and Massachusetts, with all I had a medical doctor come in to current health care system in America that political corruption coming into visit me yesterday afternoon. Even in the next few weeks. We will replace the health care system, it will pass though it was Columbus Day, I sched- it with a whole new system, disrupt without a word, not a word of tort re- uled some office hours. I happened to everybody’s plan, and we won’t even form, unless the American people meet with him at 5:30 last night. He have gone after one of the biggest cost speak out. practices in Scottsdale, Arizona. He drivers, excessive lawsuits. Mr. KING of Iowa. Reclaiming my ANNOUNCEMENT BY THE CHAIR said that time after time after time The SPEAKER pro tempore (Mr. after time, he will get a chart where time, we will go up through these numbers. I want to agree with the gen- PERRIELLO). The Chair would remind they have ordered that certain proce- Members to refrain from personal ref- dures be conducted, for example an ex- tleman with numbers as high as 35 per- erences to Members of the Senate. pensive CAT scan, when he thought an cent or even higher that go into the tort reform, the lawsuit abuse cat- PARLIAMENTARY INQUIRY x-ray would do, and he must order what egory. The lowest number I pick up is Mr. KING of Iowa. To the Speaker, a he has been told to order and spend the money, or there’s the risk that the 5.5 percent of all medical costs, then parliamentary inquiry. I believe that the 8.5 percent from health insurance we had a rule change a few years ago lawyer will come along later and sue him. underwriters, then the 10 percent of that amended that language in the PriceWaterhouseCoopers, and then rules that allowed an individual to ad- Interestingly, I often tell a story about growing up in Phoenix and being there’s an aggregate of providers out of dress Members of the Senate by their Iowa that sat down and presented to name. Could you verify that, Mr. involved in a Boy Scout troop. One of the other young men in the Boy Scout me a 20 to 28 percent calculation that Speaker? they had that was the cost of the law- The SPEAKER pro tempore. Mem- troop, his father was a medical doctor. His father, the medical doctor, he ex- suit abuse and defensive medicine. bers are free to debate policies of Mem- And then those numbers go on up, as bers of the other body but must refrain plained to me years later, knew just about all of his patients personally. the gentleman from Arizona said, 35 from personal references. percent. I talked to an orthopedic sur- The gentleman may proceed. And if they called on a Tuesday night at quarter to 12 or on a Saturday after- geon a week or two ago who told me Mr. KING of Iowa. Mr. Speaker, fur- that 95 percent of the tests that he noon at 2:30, he would take their call, ther parliamentary inquiry. I would runs, MRIs I believe he said, are unnec- because he knew those patients, and just like to put into the RECORD I’m re- essary. And he knows they are unnec- those patients came to him out of ferring to the Feeney rule, and I think essary, but he has to order them on ev- choice. They didn’t come because their the Feeney rule should be upheld. And eryone, every injury, in order to pro- employer picked the plan, or some plan I know we can carry on this dialogue tect himself from that single trial law- hired the doctor. They had an indem- without referencing people specifically, yer that will come in and file a lawsuit. nity insurance plan, and they came to but I believe the rules have been Over the course of his practice, it was that doctor because they chose that amended unless they have since been $1 million a year that was unneces- doctor. But also if they called on a amended afterwards. Could you verify sarily spent on tests in one single prac- that? Tuesday night at quarter to 12 or a tice that he described as a small prac- The SPEAKER pro tempore. Mem- Saturday afternoon at 2:30 and said tice, that I see it as quite a respectably bers may reference particular Sen- they had a problem, that doctor, his fa- sized practice. ators, but may not engage in personal- ther, would often call in a prescription But in throwing the baby out with ities toward them. to try to help them with their problem. the bath water, I’m going to see your The gentleman may proceed. What has happened to that aspect of doctor and raise you a nurse. Mr. KING of Iowa. Mr. Speaker, I health care in America today with the This is very close to the family anec- yield to the gentleman from Arizona. current tort system we have? It’s gone. dote that took place just last weekend. Mr. SHADEGG. I certainly don’t Your doctor won’t even think about A little child was sick, and his mother think anything has been personal. calling for a prescription for you based called in. We live in a rural area so we They have been just factual about poli- on a conversation over the phone be- have hospitals in our county seats. She cies pursued. cause he or she, your doctor, knows if called the county seat hospital and I simply want to say that the gen- that turns out not to be the right an- said, here are the conditions of my tleman is absolutely right about the swer, his or her socks will be sued off, child. Should I bring this child into the desperate and crying need for tort re- to use a phrase, by some waiting trial hospital or should I treat him with form in this legislation. The gentleman lawyer. some aspirin and maybe watch his tem- used various statistics about the cost But is there a word of tort reform to perature? And the nurse that was on of defensive medicine or lawsuit abuse. limit that cost in this bill, where it’s 8 call said, I can’t advise you because— Now I will tell the gentleman that in percent or 10 percent or 35 percent? Not she didn’t go on much further than my discussions with individuals in Ari- one word in this legislation. We’re that, but we all know why. She zona, I have been told that, indeed by going to throw the entire baby out couldn’t advise the mother because of insurance brokers, it’s their belief that with the bath water, completely throw the potential for a lawsuit. as much as 35 percent, as much as 35 away the health care Americans have Then the mother said to the nurse percent of all health care bills in come to trust and rely on out the win- over the phone holding a sick child, America can be traced back to the tort dow and replace it with a new govern- who is the doctor that’s on call? We system, that meaning the cost of mal- ment-run system because, after all, ev- don’t always have doctors in great practice insurance for doctors, a very, erybody knows the bureaucrats and the numbers, but we should know who the very high number, climbing higher politicians in Washington have all the doctor is on call. And if that doctor is every year, and the cost of defensive answers, and we’re not going to put a this baby’s doctor, then the mother medicine. word in there about tort reform. would have taken the baby in. The It is really important for people to In my committee, in the Commerce nurse was even prohibited from telling understand what we mean when we Committee, we offered amendments to the mother who the doctor was that talk about the cost of defensive medi- put in a little bit of tort reform, re- was on call at the hospital because I cine and what it really means for their jected. In the Education and Labor suppose of some imagined lawsuit health care. What it means is that your Committee where the bill was consid- abuse that is out there. doctor is often compelled, indeed, prob- ered, there was an amendment offered This country has been so shut down ably every day, compelled to order to limit damages or to put in some tort by the abusive lawsuits. And we have

VerDate Nov 24 2008 04:18 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00120 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.111 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11295 lost our good judgment. We have the every entity should be able to deduct a overtaxed New Yorkers on his hands,’’ HIPAA Act now where we can’t find health insurance premium. And the and I am quoting, ‘‘so he and other out who is in the hospital so you can go numbers that I have seen on that is similarly situated Democrats carved visit them. You can go up to the visi- that it would increase our insured by out a deal’’—not my word, the article’s tors’ center and ask and they can’t tell about 1 million people a year. word—‘‘a deal by which the threshold you. And if a nurse can’t tell a mother, And we need to expand association for this tax will be higher in their bring the child in or not, what’s its health care plans, expand the health States. If you live in Kentucky,’’ says temperature, give the child an aspirin, savings accounts. And we ran some the article, ‘‘you get taxed at $21,000. If call me back in 2 hours, tell me how numbers on that a couple of years ago. you live in Massachusetts, you don’t you’re doing, if a doctor can’t even let If a young couple had started with get taxed until $25,000.’’ There again, his name go out that he’s on call, you HSAs when we passed them here in another special little perk, politicians have to go to the hospital to find out 2003, maxed out at $5,150 for the couple protecting their own inserted into the where you walk into the confines of the a year, spent $2,000 a year out in nor- bill—not my words, but the article. hospital where apparently those con- mal health care costs, in accruing at 4 ‘‘And Senator Bob Menendez, of the fines then are more regulated, more percent a year—which will be logical Garden State, seems concerned that his controlled and more structured in by the time we get there; it may not be home-State employers are going to order to prevent the lawsuit abuse. today—they would arrive at retirement struggle to both pay their Federal li- with about $950,000 in their health sav- abilities and to continue to grow and b 2350 ings account, almost $1 million. Well, innovate. Thus, Mr. MENENDEZ’s quiet This $200 billion, $203 billion a year, why wouldn’t we let them buy a Medi- deal for $1 billion tax credits for com- and that’s at 8.5 percent. If you run care replacement policy and give them panies investing in R&D.’’ this on up to Mr. SHADEGG’s number of the rest of it tax free for their own re- And last, she talks about Michigan 35 percent, I don’t have that number, tirement or to will to their children? Senator DEBBIE STABENOW and Massa- but $200 at a little over 10 percent, so We need to tie this together, health chusetts Senator JOHN KERRY includ- you would be somewhere around—could savings accounts with retirement ac- ing ‘‘$5 billion in the bill for a reinsur- be as high as $1 trillion a year on the counts, and get people off the entitle- ance program to defray the medical outside of the cost of litigation in this ment rolls. costs of union members.’’ All of those country. And it’s being paid by people Transparency in our billings and are the comments I made about the across this country, and not one dollar electronic medical records. special political deals inserted in this is being addressed by the Democrats. Mr. SHADEGG. If the gentleman bill. Don’t believe me? Just Google the I would just suggest that we have a would yield? Wall Street Journal and Kim Strassel. lot of solutions. One of the solutions Mr. KING of Iowa. I would yield. I want to thank the gentleman, by that Mr. SHADEGG has introduced about Mr. SHADEGG. I made the point ear- the way. I also mentioned that the selling insurance across State lines, lier about this bill being the imposi- Senator from Colorado said, ‘‘If Colo- some of the data that came out of simi- tion of politics or special power and rado has a fair claim on being treated lar policies with different mandates in privileges imposed on health care in the same way Nevada has been, of it, a young man, 25 years old, could buy America. And I guess there was some course we’re going to ask for that kind a policy in New Jersey for $6,000 a year. question of whether or not it was ap- of treatment.’’ A similar policy in Kentucky would propriate to criticize the politicization So there you go, politics and health cost him $1,000 a year. Where would of this legislation, the so-called Baucus care in America. Health care won’t be you put your money if you had the bill. I held up the article from which I driven by care or by medical evidence. choice? I would buy the policy in Ken- drew those examples, and I just want It will be driven by the most powerful tucky. to read them so that everybody will Senator on the block. I want to be able to preserve the cat- understand it’s not a personal attack Mr. KING of Iowa. I thank the gen- astrophic insurance component of this. by me. These are just, as they say, the tleman from Arizona. I want to be able to expand health sav- facts, like Sergeant Joe Friday used to And talking about the politicization ings accounts. But my list of things we say on ‘‘Dragnet.’’ of health care for perks and privileges, need to do to reconstruct this health Kim Strassel points out, first of all, a the part that’s left out is the patron- care system recognizes that we have central feature of the Baucus bill is the age. Patronage goes with perks and consumers. We need to maintain per- vast expansion of State Medicaid pro- privileges. And when you see that hap- sonal responsibility. We’ve talked grams—I am quoting from the article. pen in government, then it slows down about fixing the tort reform component ‘‘The provision has angered Governors, the operations and it shifts the bal- of this which we did pass out of this since the Federal Government will ance. And we’re wondering, why isn’t House at a $250,000 cap on noneconomic cover only part of the expansion and government logical? It’s because perks, damages modeled after California, stick fiscally strapped States with an privileges and patronage take govern- modeled in Texas, I believe, modeled additional $37 billion in costs.’’ ment off kilter. That’s why we’re a free after that as well. They’re doing well, It then goes on to explain, that trou- enterprise system. That’s why we have especially in Texas. bled Senate Majority Leader HARRY been a free enterprise system. And Buying insurance across State lines. REID of Nevada, she says, ‘‘who is wor- that’s why this Nation has been strong Portability, so you own your policy ried about losing his seat next year, and powerful and successful and our and you can take it with you and worked out a deal by which the Federal economy has eclipsed that of the world you’re not tied and strapped to your Government will pay all of’’—and I am is because we left the standards of job. reading in quotes the article—‘‘his Adam Smith in place for dozens and Full deductibility of health insur- home State’s additional Medicaid ex- dozens of years, for generations and ance premiums. How can it be that an penses for the next 5 years. Under the generations. employer, a large corporation, for ex- majority leader’s very special formula, In this last year, we have given up to ample, can deduct 100 percent of the only three other States—Oregon, nationalization perhaps as much as health insurance premiums even on the Rhode Island and Michigan—qualify for one-third of our private sector. We are Cadillac policies—which I don’t par- this perk.’’ So there is the first exam- looking at 14.5 percent of our GDP ticularly object to—and ma and pa ple of political health care, or of politi- being potentially nationalized in the can’t do that? If they’re self-employed, cally driven health care, special perks sequence, all to reduce this. if they’re a sole proprietorship, if and privileges for four States. This is, by the way, 100 percent of the they’re a partnership, if they don’t It then goes on to say, ‘‘Mr. BAUCUS’s population of the United States of have themselves set up on a wage and legislation would tax high-value insur- America. And here in the blue, that a benefit plan within a corporation, ance plans—a 40-percent tax on plans represents 84 percent in the blue of all. they can’t fully deduct their health in- that cost more than $21,000 a year.’’ This is 100 percent, the circle. These surance premiums. If any entity can The article proceeds, ‘‘Senator Chuck are the uninsured, those Americans deduct a health insurance premium, Schumer didn’t want a lot of angry without affordable options right here,

VerDate Nov 24 2008 04:18 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00121 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.112 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H11296 CONGRESSIONAL RECORD — HOUSE October 13, 2009 this little orange, less than 4 percent, The motion was agreed to; accord- 4081. A letter from the Assistant Secretary, about 12.1 million people. This is 47 ingly (at midnight), the House ad- Department of the Interior, transmitting the million all together. And if you look at journed until tomorrow, Wednesday, Department’s final rule — Eagle Permits; Take Necessary To Protect Interests in Par- the color code on the chart, we have il- October 14, 2009, at 10 a.m. ticular Localities [FWS-R9-MB-2008-0057; legal immigrants there in the yellow. f 91200-1231-9BPP-L2] (RIN: 1018-AV81) received We have those that are yellow in the 5- EXECUTIVE COMMUNICATIONS, September 23, 2009, pursuant to 5 U.S.C. year bar, no welfare for 5 years by law. 801(a)(1)(A); to the Committee on Natural ETC. That’s another 5 or so million people. Resources. You have those that are earning more Under clause 2 of Rule XXIV, execu- 4082. A letter from the Deputy Assistant Administrator for Operations, NMFS, Na- than $75,000 a year, Americans without tive communications were taken from the Speaker’s table and referred as fol- tional Oceanic and Atmospheric Administra- affordable options. They can find a way tion, transmitting the Administration’s final to insure themselves. And then you’ve lows: rule — Fisheries of the Exclusive Economic got those that are eligible for govern- 4074. A letter from the Congressional Re- Zone Off Alaska; Bering Sea and Aleutian Is- ment programs, primarily Medicaid, view Coordinator, Department of Agri- lands (Amendment 90) and Gulf of Alaska culture, transmitting the Department’s final Groundfish (Amendment 78); Limited Access that’s 9.7 million. And then you have rule — Importation of Sweet Oranges and those eligible for employer offers that Privilege Programs [Docket No.: 0809031176- Grapefruit From Chile; Technical Amend- 91213-03] (RIN: 0648-AX25) received September don’t opt in or opt out of their employment [Docket No.: APHIS-2007-0115] (RIN: 16, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to er’s plan, that’s about 6 million. And 0579-AC83) received September 16, 2009, pur- the Committee on Natural Resources. then we have the Americans without suant to 5 U.S.C. 801(a)(1)(A); to the Com- 4083. A letter from the Attorney Advisor, affordable options. So all of these folks mittee on Agriculture. Department of Homeland Security, transmit- here, there’s another answer for that; 4075. A letter from the Administrator; Co- ting the Department’s final rule — Shipping; operative State Research, Education, and less than 4 percent to change 100 per- Transportation; Technical, Organizational, Extension Service, Department of Agri- and Conforming Amendments [Docket No.: cent of the entire insurance and health culture, transmitting the Department’s final USCG-2009-0702] (RIN: 1625-ZA24) received care delivery system. rule — Competitive and Noncompetitive September 22, 2009, pursuant to 5 U.S.C. I thank the gentleman from Arizona Non-Formula Federal Assistance Programs- 801(a)(1)(A); to the Committee on Transpor- and the Speaker, and I yield back the Specific Administrative Provisions for the tation and Infrastructure. balance of my time. Beginning Farmer and Rancher Development 4084. A letter from the Program Analyst, (RIN: 0524-AA59) received September 22, 2009, Department of Transportation, transmitting f pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule — Airworthiness LEAVE OF ABSENCE mittee on Agriculture. Directives; Airbus Model A330-200, A330-300, 4076. A letter from the Acting Senior Pro- A340-200, and A340-300 Series Airplanes By unanimous consent, leave of ab- curement Executive, General Services Ad- [Docket No.: FAA-2009-0211; Directorate sence was granted to: ministration, transmitting the Administra- Identifier 2008-NM-028-AD; Amendment 39- Ms. GINNY BROWN-WAITE of Florida tion’s final rule — Federal Acquisition Regu- 15980; AD 2009-15-17] (RIN: 2120-AA64) received (at the request of Mr. BOEHNER) for lation; Federal Acquisition Circular 2005-36; September 21, 2009, pursuant to 5 U.S.C. today on account of a family medical Introduction [Docket FAR 2009-0001, Se- 801(a)(1)(A); to the Committee on Transpor- situation. quence 7] received August 25, 2009, pursuant tation and Infrastructure. to 5 U.S.C. 801(a)(1)(A); to the Committee on 4085. A letter from the Program Analyst, f Oversight and Government Reform. Department of Transportation, transmitting SPECIAL ORDERS GRANTED 4077. A letter from the Acting Senior Pro- the Department’s final rule — Airwothiness curement Executive, General Services Ad- Directives; Pratt & Whitney Canada (PWC) By unanimous consent, permission to ministration, transmitting the Administra- PW206A, PW206B, PW206B2, PW206C, PW206E, address the House, following the legis- tion’s final rule — Federal Acquisition Regu- PW207C, PW207D, and PW207E Turboshaft lative program and any special orders lation; FAR Case 2008-038, Federal Technical Engines; Correction [Docket No.: FAA-2007- Data Soluton (FedTeDS) [FAC 2005-36; FAR 0219; Directorate Identifier 2007-NE-46-AD; heretofore entered, was granted to: Amendment 39-15806; AD 2009-03-05] (RIN: (The following Members (at the re- Case 2008-038; Item I; Docket 2009-0028, Se- quence 1] (RIN: 9000-AL32) received August 2120-AA64) received September 21, 2009, pur- quest of Mr. QUIGLEY) to revise and ex- 25, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to suant to 5 U.S.C. 801(a)(1)(A); to the Com- tend their remarks and include extra- the Committee on Oversight and Govern- mittee on Transportation and Infrastruc- neous material:) ment Reform. ture. Ms. WOOLSEY, for 5 minutes, today. 4078. A letter from the Acting Senior Pro- 4086. A letter from the Program Analyst, Department of Transportation, transmitting Mr. QUIGLEY, for 5 minutes, today. curement Executive, General Services Ad- ministration, transmitting the Administra- the Department’s final rule — Airworthiness Ms. KAPTUR, for 5 minutes, today. tion’s final rule — Federal Acquisition Regu- Directives; BAE Systems (Operations) Lim- Ms. JACKSON-LEE of Texas, for 5 min- lation; FAR Case 2007-021, Fair Labor Stand- ited Model BAe 146-100A and 146-200A Series utes, today. ards Act and Service Contract Act Price Ad- Airplanes [Docket No.: FAA-2009-0432; Direc- (The following Members (at the re- justment Clauses [FAC 2005-36; FAR Case torate Identifier 2008-NM-168-AD; Amend- quest of Mr. POE of Texas) to revise and 2007-021; Item II Docket 2009-0004; Sequence 2] ment 39-15982; AD 2009-15-19] (RIN: 2120-AA64) extend their remarks and include ex- (RIN: 9000-AL14) received August 25, 2009, Recieved September 21, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on traneous material:) pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Oversight and Government Re- Transportation and Infrastructure. Mr. POE of Texas, for 5 minutes, Oc- 4087. A letter from the Program Analyst, form. Department of Transportation, transmitting tober 16 and 20. 4079. A letter from the Acting Senior Pro- the Department’s final rule — Airworthiness Mr. BURTON of Indiana, for 5 minutes, curement Executive, General Services Ad- Directives; Empresa Brasileira de October 16. ministration, transmitting the Administra- Aeronautica S.A. (EMBRAER) Model EMB- Mr. GOHMERT, for 5 minutes, today, tion’s final rule — Federal Acquisition Regu- 120, -120ER, -120FC, -120QC, and -120RT Air- October 14, 15 and 16. lation; FAR Case 2009-014, New Designated planes [Docket No.: FAA-2008-1005; Direc- Ms. ROS-LEHTINEN, for 5 minutes, Country-Taiwan [FAC 2005-36; FAR Case 2009- torate Identifer 2008-NM-119-AD; Amendment today and October 14. 014; Item III; Docket 2009-0027, Sequence 1] 39-15981; AD 2009-15-18] (RIN: 2120-AA64) re- (RIN: 9000-AL34) received August 25, 2009, Mr. JONES, for 5 minutes, October 16 ceived September 21, 2009, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on and 20. mittee on Oversight and Government Re- Mr. MCHENRY, for 5 minutes, today, Transportation and Infrastructure. form. 4088. A letter from the Director, Regula- October 14, 15 and 16. 4080. A letter from the Acting Senior Pro- tion Policy & Management, Department of Mr. SOUDER, for 5 minutes, today and curement Executive, General Services Ad- Veterans Affairs, transmitting the Depart- October 14. ministration, transmitting the Administra- ment’s final rule — Loan Guaranty; Assist- Mr. OLSON, for 5 minutes, today. tion’s final rule — Federal Acquisition Regu- ance to Eligible Individuals in Acquiring Mr. FRANKS of Arizona, for 5 minutes, lation; FAR Case 2008-004, Prohibition on Re- Specially Adapted Housing; Cost-of-Con- October 14, 15 and 16. stricted Business Operations in Sudan and struction Index (RIN: 2900-AN26) received Imports from Burma [FAC 2005-36; FAR Case September 24, 2009, pursuant to 5 U.S.C. f 2008-004; Item IV; Docket 2008-0001; Sequence 801(a)(1)(A); to the Committee on Veterans’ ADJOURNMENT 21] (RIN: 9000-AL) received August 25, 2009, Affairs. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 4089. A letter from the Chief, Trade and Mr. KING of Iowa. Mr. Speaker, I mittee on Oversight and Government Re- Commercial Regulations Branch, Depart- move that the House do now adjourn. form. ment of Homeland Security, transmitting

VerDate Nov 24 2008 05:18 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00122 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.113 H13OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 13, 2009 CONGRESSIONAL RECORD — HOUSE H11297 the Department’s final rule — Entry of Cer- to the Committee on Oversight and Govern- veterans; to the Committee on Veterans’ Af- tain Cement Products from Mexico Requir- ment Reform. fairs. ing a Commerce Department Import License By Mr. FLEMING (for himself, Mr. By Ms. FOXX (for herself and Mr. (RIN: 1505-AC14) received September 25, 2009, SHULER, Mr. FRANKS of Arizona, Mr. CHAFFETZ): pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- REHBERG, and Mr. BACHUS): H.R. 3797. A bill to prevent congressional mittee on Ways and Means. H.R. 3789. A bill to permit Amtrak pas- reapportionment distortions by requiring 4090. A letter from the Chief, Trade and sengers to safely transport firearms and am- that, in the questionnaires used in the tak- Commercial Regulations Branch, Depart- munition in their checked baggage; to the ing of any decennial census of population, a ment of Homeland Security, transmitting Committee on Transportation and Infra- checkbox or other similar option be included the Department’s final rule — Increase In structure. for respondents to indicate citizenship status Certain Personal Duty Exemptions Extended By Mr. MEEK of Florida (for himself, or lawful presence in the United States; to to Returning U.S. Residents (RIN: 1505-AC16) Mr. MAFFEI, Mrs. EMERSON, Mr. the Committee on Oversight and Govern- received September 25, 2009, pursuant to 5 FARR, Mr. THOMPSON of Pennsyl- ment Reform. U.S.C. 801(a)(1)(A); to the Committee on vania, Mr. ALTMIRE, Ms. WASSERMAN By Mr. ISRAEL: Ways and Means. SCHULTZ, Ms. EDDIE BERNICE JOHNSON H.R. 3798. A bill to amend the Public 4091. A letter from the Federal Register Li- of Texas, Mr. BOCCIERI, Mr. KLEIN of Health Service Act to authorize the Sec- aison, Department of the Treasury, trans- Florida, Mr. SHULER, Mr. RYAN of retary of Health and Human Services to mitting the Department’s final rule — Ex- Ohio, Mr. WEXLER, Mr. MURTHA, Mr. make grants to eligible entities to train ele- tension of Package Use-Up Rule for Roll- HASTINGS of Florida, Mr. TIBERI, and mentary and secondary school nurses on how Your-Own Tobacco and Pipe Tobacco (2009R- Ms. FUDGE): to respond to a biological or chemical attack 368P) [Docket No.: TTB-2009-0002; T.D. TTB- H.R. 3790. A bill to amend title XVIII of the or an outbreak of pandemic influenza in a 81; Re: Notice No. 99, T.D. TTB-78, Notice No. Social Security Act to repeal the Medicare school building or on school grounds; to the 95] (RIN: 1513-AB75) received September 28, competitive acquisition program for durable Committee on Energy and Commerce. 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the medical equipment and prosthetics, By Mr. JOHNSON of Georgia (for him- Committee on Ways and Means. orthotics, and supplies (DMEPOS) in a budg- self, Ms. KILROY, Mr. CARNAHAN, Mr. 4092. A letter from the Chief, Publications et neutral manner; to the Committee on En- RYAN of Ohio, Ms. LEE of California, and Regulations, Internal Revenue Service, ergy and Commerce, and in addition to the Mr. ELLISON, Mr. DOGGETT, Ms. transmitting the Service’s final rule — Ex- Committee on Ways and Means, for a period FUDGE, and Mr. KENNEDY): amination of returns and claims for refund, to be subsequently determined by the Speak- H.R. 3799. A bill to amend title XVIII of the credit, or abatement; determination of cor- er, in each case for consideration of such pro- Social Security Act to improve prescription rect tax liability (Rev. Proc. 2009-40) received visions as fall within the jurisdiction of the drug coverage under Medicare part D and to September 21, 2009, pursuant to 5 U.S.C. committee concerned. amend the Public Health Service Act, the 801(a)(1)(A); to the Committee on Ways and By Mr. MITCHELL (for himself, Mr. Employee Retirement Income Security Act Means. PASCRELL, Mr. HOYER, Mr. GORDON of of 1974, and the Internal Revenue Code of 4093. A letter from the Branch Chief, Publi- Tennessee, Mr. WU, Mr. ANDREWS, 1986, to improve prescription drug coverage cations and Regulations, Internal Revenue Mr. GRAYSON, Mr. TONKO, Mr. ROTH- under private health insurance, and for other Service, transmitting the Service’s final rule MAN of New Jersey, Mr. WILSON of purposes; to the Committee on Energy and — Extension of Replacement Period for Live- Ohio, Mr. LIPINSKI, Mr. CARNAHAN, Commerce, and in addition to the Commit- stock Sold on Account of Drought in Speci- Mr. COSTELLO, Mr. PETERS, Mr. tees on Ways and Means, and Education and fied Countries [Notice 2009-81] received Sep- HOLDEN, Ms. SHEA-PORTER, Ms. Labor, for a period to be subsequently deter- tember 28, 2009, pursuant to 5 U.S.C. HIRONO, Mr. HINCHEY, Mr. MICHAUD, mined by the Speaker, in each case for con- 801(a)(1)(A); to the Committee on Ways and Mr. HIGGINS, Mrs. HALVORSON, Mr. sideration of such provisions as fall within Means. ROSS, Mr. FOSTER, Mr. LANGEVIN, Mr. the jurisdiction of the committee concerned. 4094. A letter from the Senior Advisor for MCINTYRE, Mr. DELAHUNT, Mrs. By Mr. LOEBSACK (for himself, Ms. Regulations, Social Security Administra- LOWEY, Mr. KAGEN, Mr. THOMPSON of SHEA-PORTER, Mr. BRALEY of Iowa, tion, transmitting the Administration’s final Mississippi, Ms. RICHARDSON, Ms. Mr. BOSWELL, Mr. KENNEDY, Mr. rule — Authorization of Representative Fees SUTTON, Mr. CUELLAR, Mrs. KIRK- LANGEVIN, Ms. MCCOLLUM, Mr. SIRES, [Docket No.: SSA-2008-0030] (RIN: 0960-AG82) PATRICK of Arizona, Ms. CLARKE, Ms. Mr. COURTNEY, and Mr. WAXMAN): received September 22, 2009, pursuant to 5 LORETTA SANCHEZ of California, Mr. H.R. 3800. A bill to establish an Office of U.S.C. 801(a)(1)(A); to the Committee on LUJA´ N, Mr. RYAN of Ohio, Mrs. Specialized Instructional Support Services Ways and Means. BLACKBURN, Mr. CLEAVER, Ms. JACK- in the Department of Education and to pro- SON-LEE of Texas, and Mr. DOYLE): vide grants to State educational agencies to f H.R. 3791. A bill to amend sections 33 and reduce barriers to learning; to the Com- REPORTS OF COMMITTEES ON 34 of the Federal Fire Prevention and Con- mittee on Education and Labor. PUBLIC BILLS AND RESOLUTIONS trol Act of 1974, and for other purposes; to By Mr. SESTAK: the Committee on Transportation and Infra- H.R. 3801. A bill to amend the Internal Rev- Under clause 2 of rule XIII, reports of structure. enue Code of 1986 to extend the increased committees were delivered to the Clerk By Mr. PALLONE (for himself, Mr. first-time homebuyer credit and waiver of for printing and reference to the proper DEAL of Georgia, Mr. WAXMAN, and requirement to repay, and for other pur- calendar, as follows: Mr. BARTON of Texas): poses; to the Committee on Ways and Means. H.R. 3792. A bill to amend title XXVI of the By Mr. SHADEGG: Mr. PRICE of North Carolina: Committee Public Health Service Act to revise and ex- H.R. 3802. A bill to amend the Internal Rev- of Conference. Conference report on H.R. tend the program for providing life-saving enue Code of 1986 to remove cell phones from 2892. A bill making appropriations for the care for those with HIV/AIDS; to the Com- the limitation on depreciation when used for Department of Homeland Security for the mittee on Energy and Commerce. personal purposes, and for other purposes; to fiscal year ending September 30, 2010, and for By Mr. BRADY of Pennsylvania: the Committee on Ways and Means. other purposes (Rept. 111–298). Ordered to be H.R. 3793. A bill to establish the Council on By Mr. TIAHRT (for himself and Mr. printed. Healthy Housing, and for other purposes; to MOORE of Kansas): f the Committee on Financial Services. H.R. 3803. A bill to amend the Communica- By Mr. CARDOZA: tions Act of 1934 to require a provider of a PUBLIC BILLS AND RESOLUTIONS H.R. 3794. A bill to amend the Central Val- commercial mobile service or an IP-enabled Under clause 2 of rule XII, public ley Project Improvement Act to assist in ef- voice service to provide call location infor- bills and resolutions of the following forts to avoid losses of juvenile anadromous mation concerning the user of such a service titles were introduced and severally re- fish; to the Committee on Natural Re- to law enforcement agencies in order to resources. spond to a call for emergency services or in ferred, as follows: By Mr. FRANK of Massachusetts: an emergency situation that involves the By Mr. LATOURETTE (for himself, Mr. H.R. 3795. A bill to enact the Over-the- risk of death or serious physical harm; to the AUSTRIA, Mr. BOCCIERI, Mr. Counter Derivatives Markets Act of 2009; to Committee on Energy and Commerce, and in DRIEHAUS, Ms. FUDGE, Mr. JORDAN of the Committee on Financial Services, and in addition to the Committee on the Judiciary, Ohio, Ms. KAPTUR, Ms. KILROY, Mr. addition to the Committee on Agriculture, for a period to be subsequently determined KUCINICH, Mr. LATTA, Mr. RYAN of for a period to be subsequently determined by the Speaker, in each case for consider- Ohio, Mrs. SCHMIDT, Mr. SPACE, Ms. by the Speaker, in each case for consideration of such provisions as fall within the ju- SUTTON, Mr. TIBERI, Mr. TURNER, and ation of such provisions as fall within the jurisdiction of the committee concerned. Mr. WILSON of Ohio): risdiction of the committee concerned. By Mr. TONKO: H.R. 3788. A bill to designate the facility of By Mr. FILNER: H.R. 3804. A bill to make technical correc- the United States Postal Service located at H.R. 3796. A bill to amend title 38, United tions to various Acts affecting the National 3900 Darrow Road in Stow, Ohio, as the ‘‘Cor- States Code, to improve per diem grant pay- Park Service, to extend, amend, or establish poral Joseph A. Tomci Post Office Building’’; ments for organizations assisting homeless certain National Park Service authorities,

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and for other purposes; to the Committee on winning the 2009 NCAA women’s lacrosse H.R. 2089: Mr. SESTAK. Natural Resources, and in addition to the championship, and to commend North- H.R. 2132: Mr. GRIJALVA and Mr. CUMMINGS. Committees on Transportation and Infra- western University for its pursuit of athletic H.R. 2149: Mr. WESTMORELAND, Mr. BRALEY structure, and Oversight and Government and academic excellence; to the Committee of Iowa, and Mr. BUTTERFIELD. Reform, for a period to be subsequently de- on Education and Labor. H.R. 2190: Mr. HODES and Mr. LIPINSKI. termined by the Speaker, in each case for By Mr. OLSON: H.R. 2243: Mr. PETERSON. consideration of such provisions as fall with- H. Res. 825. A resolution recognizing the P- H.R. 2254: Ms. LEE of California, Mr. in the jurisdiction of the committee con- 3 Orion naval aircraft for 50 years of service; LUETKEMEYER, Ms. ZOE LOFGREN of Cali- cerned. to the Committee on Armed Services. fornia, Mrs. LOWEY, and Mr. RAHALL. By Mr. WITTMAN: By Mr. PALLONE (for himself and Mr. H.R. 2280: Mr. FILNER. H.R. 3805. A bill to amend the Electronic MCDERMOTT): H.R. 2289: Ms. RICHARDSON. Duck Stamp Act of 2005 to extend by 2 years H. Res. 826. A resolution expressing the H.R. 2296: Mr. TURNER and Mr. BARTON of the period for the conduct of the electronic sense of the House of Representatives that a Texas. duck stamp pilot program under that Act; to postage stamp should be issued in commemo- H.R. 2324: Mr. ROTHMAN of New Jersey, Mr. the Committee on Natural Resources. ration of Diwali, a festival celebrated by peo- ENGEL, Mr. WEINER, and Mr. GEORGE MILLER By Mr. BUTTERFIELD (for himself, ple of Indian origin; to the Committee on of California. ENNEDY, Mr. MASSA, Mr. MORAN Mr. K Oversight and Government Reform. H.R. 2329: Mr. MARIO DIAZ-BALART of Flor- of Virginia, Mr. LEWIS of Georgia, ida. Mr. GRIJALVA, Mr. PAYNE, Ms. BALD- f H.R. 2365: Mr. TERRY. WIN, Mr. LANCE, Mr. COHEN, Mr. ADDITIONAL SPONSORS H.R. 2408: Mr. SCHAUER, Mr. MCCARTHY of LOEBSACK, Mr. CARNAHAN, Mr. California, Mr. NUNES, Mr. CALVERT, Mr. MICHAUD, Mr. MEEK of Florida, Ms. Under clause 7 of rule XII, sponsors CULBERSON, and Mr. WEINER. CORRINE BROWN of Florida, Mr. were added to public bills and resolu- H.R. 2502: Mr. BUTTERFIELD, Mr. TOWNS, HASTINGS of Florida, Ms. ROYBAL-AL- tions as follows: Mr. BRIGHT, Mr. NYE, and Mr. BARROW. LARD, Mr. MOORE of Kansas, Mr. H.R. 2506: Mr. PETERSON. H.R. 211: Mr. MURPHY of New York. ROTHMAN of New Jersey, Mr. H.R. 2517: Ms. JACKSON-LEE of Texas. H.R. 236: Mr. COHEN. PASCRELL, Ms. HERSETH SANDLIN, Mr. H.R. 2563: Mr. GRIFFITH and Mr. BRIGHT. H.R. 503: Mr. HEINRICH, Ms. CHU, and Mr. HOLT, Ms. HIRONO, Mr. LINCOLN DIAZ- H.R. 2570: Mr. STARK. SPRATT. BALART of Florida, Mrs. MALONEY, H.R. 2597: Mr. MOORE of Kansas. H.R. 515: Mrs. CHRISTENSEN. Mr. WALZ, Mr. LOBIONDO, Mr. BROWN H.R. 2698: Ms. FUDGE. H.R. 571: Mr. CARTER, Mr. MEEKS of New of South Carolina, Mr. RYAN of Ohio, H.R. 2699: Ms. FUDGE. York, and Ms. GIFFORDS. Mr. ISRAEL, Mr. MCGOVERN, Mr. MUR- H.R. 2776: Mr. RANGEL, Mr. HARE, Mr. NAD- H.R. 610: Mr. MASSA. THA, Mr. TIM MURPHY of Pennsyl- LER of New York, and Ms. ZOE LOFGREN of YE and Mr. SARBANES. vania, Mr. SALAZAR, Mr. SCHRADER, H.R. 621: Mr. N California. H.R. 636: Mr. LATTA. Mr. COURTNEY, Mr. LYNCH, Mrs. H.R. 2777: Ms. BALDWIN. H.R. 658: Ms. SUTTON and Mr. WALZ. CHRISTENSEN, Mr. MEEKS of New H.R. 2866: Mr. WELCH. H.R. 678: Mr. OLVER, Mr. COHEN, and Mr. York, Mr. SMITH of New Jersey, Mr. H.R. 2882: Mr. CLAY. BERRY. ABERCROMBIE, Mrs. BLACKBURN, Ms. H.R. 2891: Mr. ROTHMAN of New Jersey and H.R. 690: Mr. COURTNEY. FUDGE, Mr. SNYDER, Mr. BISHOP of Mr. DOGGETT. H.R. 847: Mr. THOMPSON of Mississippi and Georgia, Mr. WATT, Mr. AL GREEN of H.R. 2897: Mr. PETERSON. USH Texas, and Mr. CLEAVER): Mr. R . H. R. 2901: Mr. STUPAK. H. Con. Res. 198. Concurrent resolution rec- H.R. 930: Mr. BRALEY of Iowa. H.R. 2931: Mrs. KIRKPATRICK of Arizona. ognizing Pediatric Acquired Brain Injury as H.R. 980: Mr. ISRAEL and Mr. PIERLUISI. H.R. 2964: Ms. MARKEY of Colorado and Ms. the leading cause of death and disability in H.R. 1079: Ms. KOSMAS. FALLIN. the United States for children and young H.R. 1083: Ms. ZOE LOFGREN of California. H.R. 2978: Mr. WOLF. adults from birth until 25 years of age and H.R. 1101: Mr. FORTENBERRY. H.R. 3001: Mr. WU. endorsing the National Pediatric Acquired H.R. 1173: Mr. JOHNSON of Georgia and Mr. H.R. 3035: Mrs. SCHMIDT and Mr. NADLER of Brain Injury Plan to develop a seamless, AUSTRIA. New York. standardized, evidence-based system of care H.R. 1207: Mr. SPRATT and Mr. HIGGINS. H.R. 3077: Mr. CARSON of Indiana, Ms. WA- universally accessible for all of these chil- H.R. 1210: Ms. ROYBAL-ALLARD. TERS, and Mr. JOHNSON of Georgia. dren, young adults, and their families, re- H.R. 1278: Ms. DEGETTE. H.R. 3131: Mr. BOOZMAN and Mr. PETERSON. gardless of where they live in the country; to H.R. 1283: Mr. MURPHY of New York and H.R. 3200: Mr. BACA. the Committee on Energy and Commerce. Mr. RANGEL. H.R. 3240: Mr. SHIMKUS and Mr. GUTIERREZ. By Mr. SABLAN: H.R. 1310: Mrs. NAPOLITANO. H.R. 3286: Mr. GRIJALVA, Ms. MOORE of Wis- H. Con. Res. 199. Concurrent resolution rec- H.R. 1326: Ms. CHU, Mr. MCGOVERN, Ms. consin, Mr. TIERNEY, Mr. SHULER, Ms. HAR- ognizing the 10th Anniversary of the activa- WASSERMAN SCHULTZ, Mrs. DAVIS of Cali- MAN, and Mr. DEFAZIO. tion of Echo Company of the 100th Battalion fornia, Ms. MOORE of Wisconsin, and Mr. H.R. 3328: Ms. SCHAKOWSKY, Mr. MORAN of of the 442d Infantry, and the sacrifice of the ABERCROMBIE. Virginia, Mr. COHEN, Mr. GUTIERREZ, Mr. soldiers and families in support of the United H.R. 1327: Ms. RICHARDSON, Mr. BACHUS, States; to the Committee on Armed Services. GRIJALVA, Mr. TOWNS, and Mr. RUSH. Mr. LYNCH, and Mr. BROWN of South Caro- H.R. 3336: Mr. GORDON of Tennessee. By Mr. THOMPSON of Pennsylvania: lina. H. Res. 822. A resolution expressing support H.R. 3365: Mr. GUTIERREZ. H.R. 1340: Mr. DOGGETT and Mr. HOLT. for students to learn about Christopher Co- H.R. 3381: Ms. WATERS. H.R. 1428: Ms. MARKEY of Colorado. lumbus; to the Committee on Education and H.R. 3407: Mr. PUTNAM. H.R. 1490: Mr. GORDON of Tennessee and Mr. Labor. considered and agreed to. considered H.R. 3487: Ms. DELAURO. EDWARDS of Texas. and agreed to. H.R. 3511: Mr. GRIJALVA, Mr. HONDA, Mr. H.R. 1547: Mr. ADERHOLT. By Ms. DELAURO (for herself, Mr. GUTIERREZ, Mr. PIERLUISI, Mr. ABERCROMBIE, H.R. 1549: Mrs. CAPPS, Mr. SERRANO, Mr. MCGOVERN, Mrs. EMERSON, Mr. Mr. SERRANO, Mr. FARR, Mr. CONNOLLY of PAYNE, Mr. NADLER of New York, and Mr. GEORGE MILLER of California, Mr. Virginia, Mr. KAGEN, Mr. ANDREWS, Mr. MEEKS of New York. DELAHUNT, Mr. CAPUANO, Mr. HONDA, DRIEHAUS, Mr. HEINRICH, Ms. FUDGE, Mr. H.R. 1552: Mr. CROWLEY. Ms. MCCOLLUM, Mr. CONNOLLY of Vir- MCMAHON, Mr. MASSA, Mr. TONKO, Ms. TITUS, H.R. 1597: Mr. BARTLETT. ginia, Mr. FARR, Ms. EDDIE BERNICE Mr. HIMES, Mrs. CHRISTENSEN, Mr. AL GREEN H.R. 1623: Mr. DAVIS of Tennessee. JOHNSON of Texas, Mr. FILNER, Mr. of Texas, Ms. HIRONO, Mrs. NAPOLITANO, Mr. H.R. 1690: Mr. ABERCROMBIE. ELLISON, Mr. GUTIERREZ, Ms. ESHOO, BOREN, Mr. RODRIGUEZ, Mr. COSTA, Mr. KIL- H.R. 1766: Mr. ELLISON and Mr. TONKO. Ms. SCHAKOWSKY, Ms. KAPTUR, and DEE, Mrs. CAPPS, and Mr. CARSON of Indiana. H.R. 1770: Mr. MICHAUD. Mr. AL GREEN of Texas): H.R. 3522: Mr. PETERSON. H. Res. 823. A resolution expressing deep H.R. 1818: Mr. PETERSON. H.R. 3554: Mr. ETHERIDGE, and Mr. HOLT. condolences to the families, friends, and col- H.R. 1927: Mr. KING of New York. H.R. 3567: Mr. ARCURI, Mr. CROWLEY, Mr. leagues of those killed and injured in the at- H.R. 1964: Mr. CONYERS. PAYNE, and Mr. LYNCH. tack on the United Nations World Food Pro- H.R. 1970: Mr. POSEY. H.R. 3578: Mr. WELCH and Mr. BOSWELL. gram (WFP) office in Islamabad, Pakistan, H.R. 1981: Mr. GOODLATTE. H.R. 3585: Mr. PETERS. on October 5, 2009, and support for the WFP’s H.R. 1993: Ms. ZOE LOFGREN of California, H.R. 3587: Mr. CONYERS. mission to bring emergency food aid to the Mr. QUIGLEY, and Mr. ROTHMAN of New Jer- H.R. 3589: Mr. COURTNEY. most vulnerable people of Pakistan and sey. H.R. 3596: Mr. SESTAK. around the world; to the Committee on For- H.R. 2017: Mr. DEAL of Georgia and Mr. H.R. 3597: Mr. FILNER and Mr. SCOTT of Vir- eign Affairs. CARSON of Indiana. ginia. By Ms. SCHAKOWSKY: H.R. 2067: Mr. HIGGINS. H.R. 3644: Mr. THOMPSON of California. H. Res. 824. A resolution congratulating H.R. 2068: Ms. SCHWARTZ and Mr. ROTHMAN H.R. 3648: Mr. PERLMUTTER. the Northwestern University Wildcats on of New Jersey. H.R. 3676: Mr. BARRETT of South Carolina.

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H.R. 3696: Mr. HOEKSTRA and Mr. SAM H. Res. 267: Mr. FORBES. H. Res. 783: Mr. MCKEON, Mr. SIRES, Mr. JOHNSON of Texas. H. Res. 445: Mr. GINGREY of Georgia. WILSON of South Carolina, Ms. FOXX, Mr. H.R. 3711: Mr. MCMAHON. H. Res. 516: Ms. NORTON. PAYNE, Mr. BECERRA, and Mr. FORBES. H.R. 3717: Ms. WATSON and Ms. JENKINS. H. Res. 531: Mr. JACKSON of Illinois, Mr. H. Res. 787: Mr. PLATTS, Ms. BORDALLO, Mr. H.R. 3756: Ms. SHEA-PORTER. HARE, and Mr. JOHNSON of Illinois. COURTNEY, Mr. MURPHY of New York, Mr. LI- H.R. 3771: Mr. CONYERS and Mr. STARK. H. Res. 554: Mr. MCHENRY, Mr. AKIN, Mr. PINSKI, Ms. TSONGAS, Mr. YOUNG of Alaska, H.R. 3786: Ms. SUTTON. GARY G. MILLER of California, Mr. ROSKAM, and Mr. HOLT. H.J. Res. 11: Mr. JORDAN of Ohio. Mr. HUNTER, Mr. SCALISE, and Mr. BARRETT H.J. Res. 61: Ms. PINGREE of Maine, Ms. H. Res. 796: Mr. BROWN of South Carolina. of South Carolina. SCHWARTZ, and Mr. MCNERNEY. H. Res. 797: Ms. ZOE LOFGREN of California. H. Res. 603: Mr. MCCOTTER and Mr. CON- H. Con. Res. 42: Mr. SERRANO. H. Res. 800: Mr. AL GREEN of Texas, Mr. YERS. H. Con. Res. 43: Mr. SERRANO. PITTS, Ms. SCHAKOWSKY, Mr. BARROW, Mr. H. Res. 627: Mr. BLUMENAUER. H. Con. Res. 57: Mr. MARCHANT, Mr. BERMAN, and Mr. MCGOVERN. H. Res. 633: Mr. HONDA. RODRIGUEZ, Mr. GALLEGLY, Mr. FLEMING, Mr. H. Res. 809: Mr. BROWN of South Carolina H. Res. 648: Ms. CORRINE BROWN of Florida, GARRETT of New Jersey, Mr. TURNER, and and Mr. BROUN of Georgia. Mr. KIRK. Ms. JACKSON-LEE of Texas, Mr. MEEKS of H. Res. 810: Ms. HIRONO, Mr. ENGEL, Mr. H. Con. Res. 129: Mr. MURPHY of New York. New York, and Mr. THOMPSON of California. MCCAUL, Mr. PIERLUISI, Mr. DELAHUNT, Ms. H. Con. Res. 170: Mr. FORTENBERRY and Mr. H. Res. 660: Mr. DAVIS of Alabama. SCHWARTZ, Ms. LEE of California, Mr. ROSS, PETERSON. H. Res. 700: Mr. CONYERS. Mr. CAO, Mr. MACK, Mr. AL GREEN of Texas, H. Con. Res. 175: Mr. LEVIN, Mr. COURTNEY, H. Res. 727: Mr. FRANK of Massachusetts Mr. BERMAN, Ms. ZOE LOFGREN of California, and Ms. KAPTUR. and Mr. PAUL. and Ms. ROS-LEHTINEN. H. Res. 111: Mr. BOCCIERI and Mr. BILI- H. Res. 729: Mr. WAMP and Ms. ROS- RAKIS. LEHTINEN. H. Res. 812: Mr. PETERSON and Mr. JOHNSON H. Res. 150: Ms. DEGETTE and Mr. PAYNE. H. Res. 752: Mr. PLATTS. of Georgia. H. Res. 197: Mr. DELAHUNT. H. Res. 771: Ms. SHEA-PORTER. H. Res. 816: Mr. YOUNG of Alaska and Ms. H. Res. 209: Mr. LEWIS of Georgia. H. Res. 782: Mr. LAMBORN. SCHAKOWSKY.

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Vol. 155 WASHINGTON, TUESDAY, OCTOBER 13, 2009 No. 147 Senate The Senate met at 2 p.m. and was U.S. SENATE, for the temporary availability of certain ad- called to order by the Honorable JIM PRESIDENT PRO TEMPORE, ditional emergency unemployment com- WEBB, a Senator from the Common- Washington, DC, October 13, 2009. pensation, and for other purposes. A bill (H.R. 3590) to amend the Internal wealth of Virginia. To the Senate: Under the provisions of rule I, paragraph 3, Revenue Code of 1986 to modify the first-time of the Standing Rules of the Senate, I hereby homebuyers credit in the case of members of PRAYER appoint the Honorable JIM WEBB, a Senator the Armed Forces and certain other Federal The Chaplain, Dr. Barry C. Black, of- from the Commonwealth of Virginia, to per- employees, and for other purposes. fered the following prayer: form the duties of the Chair. A bill (S. 1772) to require that all legisla- Let us pray. ROBERT C. BYRD, tive matters be available and fully scored by CBO 72 hours before consideration by any O God, forever and ever our Lord, President pro tempore. Mr. WEBB thereupon assumed the subcommittee or committee of the Senate or today be the Lord of our thoughts, feel- on the floor of the Senate. ings, hopes, and joys. Bless the Mem- chair as Acting President pro tempore. Mr. REID. I object to any further bers of this body. Help them to walk in f proceedings with respect to these bills Your way, live in Your will, and RECOGNITION OF THE MAJORITY en bloc. achieve Your purposes. May their work LEADER The ACTING PRESIDENT pro tem- today be a bright reflection on their pore. Objection is heard. The bills will commitment to Your will. Lord, make The ACTING PRESIDENT pro tem- be placed on the calendar. pore. The majority leader is recog- them great enough for these days. De- f liver them from pride and pettiness, as nized. You join them to those who seek to f HEALTH CARE REFORM Mr. REID. Mr. President, is there bring sense and system to a disordered SCHEDULE world. Give them an inner calm, undis- anything more tragic than a prevent- turbed by any outer commotion, and Mr. REID. Following leader remarks, able catastrophe? Probably not. What encourage them to follow your light there will be a period of morning busi- is more shameful than having the abil- that illumines the path ahead. Remind ness until 3 p.m. today with Senators ity to stop a disaster and not using them that You will use everything that permitted to speak during that time that power? Ancient and recent history happens for their growth and for Your for 10 minutes each. Following morning is saturated with examples of nations glory. business, the Senate will resume con- standing idly by while threats escalate We pray in the Redeemer’s Name. sideration of the Commerce-Justice- and storm clouds gather on the hori- Amen. State Appropriations Act. At 5:30 zon. Too many times we have learned today, the Senate will vote on the sub- by example what not to do when we see f stitute amendment regarding cloture tragedy pass before our eyes. Today is on the CJS appropriations bill. This no different. PLEDGE OF ALLEGIANCE afternoon the managers will continue Today we face two kinds of prevent- to work on an agreement to limit able tragedies—one on a personal scale The Honorable JIM WEBB led the amendments to the bill. If agreement and one on a national scale. There are Pledge of Allegiance, as follows: is reached, we may not need to have a preventable deaths. There are examples I pledge allegiance to the Flag of the cloture vote. However, we will still of preventable deaths in every city in United States of America, and to the Repub- have a vote at 5:30. lic for which it stands, one nation under God, Nevada and every State in the Union. indivisible, with liberty and justice for all. f Stories of preventable deaths fill our mail boxes and our media. MEASURES PLACED ON THE CAL- f In many of these cases we can draw a ENDAR—H.R. 3548, H.R. 3590, S. 1772 direct line from an American’s death to Mr. REID. Mr. President, it is my un- APPOINTMENT OF ACTING the lack of decent health care. In al- derstanding there are three bills at the PRESIDENT PRO TEMPORE most all of those cases, we can draw desk due for a second reading. another direct line from their lack of The PRESIDING OFFICER. The The ACTING PRESIDENT pro tem- decent health care to our broken clerk will please read a communication pore. The clerk will read the bills by health insurance system. to the Senate from the President pro title for the second time. A startling new book by T.R. Reid tempore (Mr. BYRD). The legislative clerk read as follows: called ‘‘The Healing of America’’ traces The legislative clerk read the fol- A bill (H.R. 3548) to amend the Supple- his travels throughout the developed lowing letter: mental Appropriations Act, 2008, to provide world and contrasts our health care

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Nov 24 2008 02:33 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.000 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10334 CONGRESSIONAL RECORD — SENATE October 13, 2009 system with far more successful, af- These diseases can strike anyone. In avoidable. The question before the Sen- fordable, and equitable health care sys- fact, more than half of all Americans ate is, do we want to avoid these trage- tems in several industrialized nations. live with at least one chronic condi- dies? He approaches this story in a unique tion, and those conditions cause 70 per- The broken health care system is fix- way. He has a bad shoulder. He had had cent of the deaths in America. A group able. The question before the Senate it repaired 10 or 12 years before. It called the Commonwealth Fund re- today is, do we want to fix the broken started giving him some trouble, so he searches ways our health insurance system? started in the United States asking system can work better. It recently f what to do about his shoulder. ranked 19 industrialized countries on RECOGNITION OF THE MINORITY He was told what to do in America. how they handle preventable deaths. LEADER Then he went to France and Japan, all The United States ranked 19th—at the over the world, and was told what not very bottom. The ACTING PRESIDENT pro tem- to do with his shoulder. In the process Their study also found that as many pore. The minority leader is of talking about his shoulder, he talks as 100,000 American lives could be saved recognized. about the health care system in every if we admitted some health care sys- f tems work better than others and bor- one of those countries. There are some HEALTH CARE WEEK XIII, DAY I startling things. rowed some of the best ideas that make The phrase ‘‘socialized medicine’’ was them work. This is 100,000 lives a year. Mr. MCCONNELL. Mr. President, developed by the insurance industry By the way, we are paying for the when we started the debate over health when President Truman said he wanted privilege. care reform, we knew what the Amer- to do health care reform. It is inter- Over the past 8 years of inaction the ican people wanted. First and foremost, esting that the kind of care they have price of staying healthy in America they were telling us health care costs in different parts of the world is so rose to record levels. The number of are too high and any effort at reform uniquely described in this book. For Americans who can’t afford insurance would have to focus on driving down example, Germany has had govern- also rose to record levels. At least one those costs. ment-sponsored health care since the in five Nevadans has no health insur- This meant our measure for success 1880s, which I think is very inter- ance. Those who do have it are at great would be fairly simple: Would our re- esting—I say this with some degree of risk of losing it. If we don’t act, in 10 form proposals lead to lower premiums sarcasm—by the great socialist Bis- years health care costs will more than and lower costs or would they not? marck. He was about as far as one double what they are today. The num- That is why an analysis of the Finance could get from a socialist, but he be- ber of Nevadans who can’t afford Committee bill over the weekend by lieved health care should be delivered health insurance will double as well. If PricewaterhouseCoopers should give us in a Christian way, as he said it. That we don’t act, more Americans will suf- all pause. system is one that has been copied in fer needlessly. The report showed that the Finance various parts of the world to some de- That Americans are dying prevent- Committee proposal that is being voted gree or another. able deaths is one of two avoidable on today would increase health insur- It is an interesting book, and I rec- tragedies I said I wanted to discuss. ance premiums dramatically. It said ommend it to every Senator. It opens The second is that some here in Con- this bill would cause health care costs telling the story of a woman by the gress are preventing solutions to that to go up—not down—for millions of name of Nikki White who died at 32 problem. We have the power to prevent Americans who currently have health years of age. The official medical this national crisis from growing. We insurance. This report confirms what records show that she died from com- have the power to prevent it, just like many of us have feared: that the bills plications of lupus; but if we asked her we have the power to prevent diseases we have been debating will not reduce doctor, the doctor would tell everyone from killing us too soon. costs for the American people, but will Nikki died from complications of our We have the ability to treat our actually drive costs up—an outcome health care system. We know how to unhealthy health care system today. that is fundamentally opposed to the treat lupus. America is home to mil- Five congressional committees—three original purpose of health care reform lions of doctors and thousands of hos- in the House and two in the Senate— as we all understood it at the outset of pitals that can help someone with have studied the data, debated the ar- the debate. lupus live a longer life. America has guments, and proposed ideas for what Specifically, this report shows that developed the science and the medicine to do next. While we listen to the sto- premiums for a family policy will rise and the therapies that let people with ries of real people with real problems, to about $26,000 in the next decade lupus live full, active lives. But be- some try to divert our attention with under the plan proposed by Senator cause Nikki’s health insurance com- distortions, distractions, and decep- BAUCUS—about $4,000 more than they pany refused to cover her once she got tion. While we strive to change a bro- would under current law. sick and because Nikki’s income was ken status quo, some defend it at all One of the reasons for this is that too much for Medicaid but too little for cost. While we seek common ground, new taxes on health insurance plans, her medicine’s cost, she was stranded. some insist on opposing good ideas sim- pharmaceutical companies, and med- This story is tragic because Nikki ply because they are proposed by peo- ical device makers will be passed on to died a preventable death in the richest ple who sit on a different side of this consumers—something many of us, in- Nation in the history of the world. It is Chamber or by a President who comes cluding the independent Congressional even more tragic because it is not the from a different political party. Budget Office, have been saying all only one of its kind, not by a long shot. As former Senate leader Bob Dole along. All over America people are dying too said last week: The bottom line is this: Americans soon. There are lots of others just like Sometimes people fight you just to fight were asking for step-by-step reforms, of it. you. the kind I have called for in nearly 50 Conditions that should be fixable are It is inexcusable to let a preventable floor speeches since June. The adminis- now fatal. Easily treatable diseases disease become a deadly disease. It is tration’s failure to present such a com- now become death sentences. More and equally unacceptable to deny the monsense plan is the primary reason more, Americans who come down with American people the change they de- that Americans overwhelmingly oppose the flu or are diagnosed with diabetes mand. If we don’t act, we will not have its plans for health care reform. or suffer a stroke are dying far earlier the luxury of saying later, with regret: Americans wanted lower costs and than modern science says they should If we only knew then what we know greater access. They never wanted the have to die. More and more, Americans now. We know now exactly what we administration or Democrats in Con- who contract skin cancer or have a need to know. We know now that gress to vastly expand the govern- hernia or experience complications deaths are preventable. The question ment’s role in people’s health care de- during surgery are dying rather than before the Senate is, do we want to pre- cisions, to slash Medicare, to raise being cured. vent those deaths? These tragedies are taxes and health insurance premiums,

VerDate Nov 24 2008 04:29 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.012 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10335 as well, and to limit the health care er of the Senate, as I have every day, sioned by the health insurance indus- choices Americans now enjoy. waiting for one thing: the Republican try. That is why they have come out The American people are not happy health care reform plan. We did not re- with it the night before the critical with any of these things, and they are ceive it today. We have never received vote in the Senate Finance Committee. not happy with the process they are it because there is no Republican ap- What did they say? They predicted if seeing here on Capitol Hill. Americans proach to health care reform. health care reform went through, are understandably unhappy that a I know we have tried to engage the health care insurance premiums would handful of Senators and White House Republicans in this debate. We waited go up. Well, there are those who dis- staffers are about to put the finishing weeks—make that months—to bring agree, people with the Congressional touches on the Democratic proposal be- over just three Republican Senators Budget Office and others, who believe hind closed doors, especially after the who would sit down and negotiate with that more and more Americans with President pledged to broadcast nego- us. In the end, they walked away. One insurance—not showing up in emer- tiations on C–SPAN. Senator from Maine is still possibly gency rooms for charity care, where The administration did not particu- going to vote for this. We hope she will. the cost of their care is passed on to all larly like what Pricewaterhouse- I hope others will join her. But it is not the rest of us—is going to mean there Coopers had to say about the Finance for lack of effort that we do not have a is going to be a downward push on pre- Committee bill. It hastily dismissed bipartisan approach at this moment. mium costs. this report, just as it dismissed com- What the Senator from Kentucky They estimate each of us with a fam- monsense Republican proposals and the failed to mention when he said we have ily plan pays $1,000 a year in premiums concerns of ordinary Americans dismissed commonsense Republican to take care of the charity work that is throughout this debate. proposals is when the HELP Com- given out at our hospitals every single Indeed, the administration and its al- mittee—which is the Health, Edu- day. If there is less charity work, it lies seem to view any opposing view- cation, Labor Committee—sat down to means less money is going to be needed point in this debate as hostile. It is write their health care reform bill—it from all the rest of us who have health perfectly obvious why. The administra- went on for weeks—day after weary insurance, and that will help bring pre- tion does not want to hear criticism day, amendment after amendment was miums down as more and more Ameri- because it does not want people to considered by this committee because cans have health insurance protection. know what its proposals will actually of the gravity of this challenge—we are But what do we make of the health do. literally talking about a health care insurance industry telling us that pre- At a time of nearly 10 percent unem- system that affects every one of us— miums are going to go up? I will tell ployment, Americans do not need high- and at the end of the weeks of hearings you what I think. I think it is a self- er taxes and higher health insurance and the hundreds of amendments of- fulfilling prophecy. I think when premiums. Yet one thing that is per- fered, 150, maybe more, Republican health care reform passes—and I think fectly clear about the administration’s amendments were adopted to this bill. it will—the health insurance compa- health care proposal is it promises The committee decided on a bipartisan nies, unless we do something about it, higher taxes on virtually everyone in basis to accept these Republican ideas will raise premiums, and they will America. and make them part of the final prod- point at Congress and say: You did it. Here is the breakdown: Under this uct that was going to be voted on by See, we told you not to change the sys- legislation, if you have insurance, you the HELP Committee. tem. are taxed; if you do not have insurance, Well, wouldn’t you believe, at the end Can they make good on their promise you are taxed; if you use a medical de- of that long process—bipartisan proc- of higher health insurance premiums? vice such as a hearing aid, you are ess—with Democrats and Republicans You bet they can. There is something taxed; if you take prescription drugs, working together, after 150 Republican called the McCarran-Ferguson Act. It you are taxed; if you are a business amendments had been accepted, at is a law that was passed decades ago owner who cannot afford to provide least 1 Republican Senator would have that said two industries in America coverage for your employees, you are voted for the health care reform bill re- were exempt from antitrust laws. The taxed. And the Joint Committee on ported by the committee? It did not two were organized baseball and the in- Taxation and the CBO have both said happen. There were 150 amendments surance industry. What it means is, un- that many of these taxes will hit the from the Republican side of the aisle, like other businesses making products middle class hardest, at a time when and still not 1 Republican Senator was such as cars and computers, which are unemployment stands at a 25-year willing to stand up for health care re- prohibited by law from collusion and high. form. conspiracy in putting together the cost Add all these up and you get a bill So when the Republican leader says, of their product, the insurance indus- that raises taxes, raises premiums, and we have dismissed commonsense Re- try is exempt. That is right, it is the leads to more government control. You publican proposals, we took 150 of them only industry, other than baseball, ex- can call this many things, but it is not and could not get a vote out of it—not empt from the antitrust laws of Amer- what the vast majority of Americans a single vote. The reality is this. The ica. would consider reform. Republicans have no alternative to So when the health insurance compa- f health care reform. They come to the nies tell us: We are going to raise pre- RESERVATION OF LEADER TIME floor and they quote as their sources miums, you ought to listen up, they have the power to do it. They can lit- The ACTING PRESIDENT pro tem- the health care insurance industry. For the longest time, the Senator erally meet in the same room and de- pore. Under the previous order, the from Texas, Mr. CORNYN, came and he cide to do it—legally in America. I leadership time is reserved. would quote the so-called Lewin study. think it is an outrage. I think that law f Well, it turns out that the Lewin study should change. But the fact is, it will MORNING BUSINESS about the cost of health care reform not change unless there is a force to The ACTING PRESIDENT pro tem- had an element to it which he did not change it. pore. Under the previous order, the disclose: The Lewin company that did What is the force that would keep the Senate will proceed to a period of the study is owned by the largest health insurance companies honest, morning business until 3 p.m., with health insurance company in America. stop them from this collusion, create Senators permitted to speak therein So they quoted as their source on how real competition to protect consumers, for up to 10 minutes each. much this bill would cost the critics of stop them from raising premiums in a The Senator from Illinois. health care reform, the people who fit of pique over health care reform? It f want to maintain the current system. is called the public option. It says Today, the Senator from Kentucky there ought to be for every American HEALTH CARE REFORM very carefully avoided saying the obvi- at least one not-for-profit insurance Mr. DURBIN. Mr. President, I lis- ous. This PricewaterhouseCoopers company available to sell you health tened carefully to the Republican lead- study he is talking about was commis- insurance. You do not have to take it.

VerDate Nov 24 2008 02:33 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.013 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10336 CONGRESSIONAL RECORD — SENATE October 13, 2009 You may decide you do not want any I was home in Springfield, IL, over care system, taking money away from part of it because it is a public option the weekend. I went to a grocery store, seniors who need it. So when the Sen- or a not-for-profit option, but it ought the County Market. There was a lady ator from Kentucky says we are slash- to be your choice. If you have that not- there. She was offering samples of food. ing Medicare, what he doesn’t say is for-profit option—that does not have I did not know her. She recognized me. what we are going to do is eliminate dramatic overhead costs because they She stepped away from the counter, that subsidy over time to these private hire scores of people to say ‘‘no’’ when where people were grabbing these little health insurance companies that are you turn in a claim, that does not have samples, and came up to me. She said: frankly taking money out of Medicare, significant amounts of money they Please pass health care reform. I said: under false pretenses. They were sup- spend each year for advertising, that How does it affect you? She said: I posed to save us money, and they does not have multimillion-dollar CEO work for the city of Springfield. We haven’t. bonuses and huge health insurance don’t have very good health insurance. The Senator from Kentucky laments policies for the people in the board- She said: My health care costs are such the fact that pharmaceutical compa- room—we believe the costs would be that I had to take this job on the week- nies are going to have to pay more and lower and we believe that competition ends out here at the grocery store giv- that medical device companies are will force the health insurance compa- ing out samples to try to keep up with going to have to pay more. Can I tell nies that are exempt from antitrust health care costs. the Senator from Kentucky that most laws to play it straight and give con- She said: I’m just one person, Sen- of them agreed to this? Why would sumers across America a fighting ator, but think about me when you get they agree to take less money for chance. back to Washington. Well, I do, and I health care over the next 10 years? Be- Well, you know where the public op- will. And I will think about what has cause they realize that if the 40 million tion is today. Let me tell you who sup- been said on the other side of the aisle. uninsured Americans now have insur- ports a public option. Two out of three When they say they do not want to ex- ance and they are showing up at the Americans consistently through this pand government, listen, we are not hospitals and the doctors’ offices with debate—although they have heard both talking about the government running that insurance, more of their products, sides of the story and they have been a health insurance plan. We are talking medical devices, and pharmaceuticals confused by some allegations and oth- about a not-for-profit plan that is an will be sold and paid for. So they are ers—two out of three have consistently option for people. But for those who willing to take a cut in their profits, said: Give us that choice, give us a are keeping score, one out of three realizing their consumer base is going choice, like Medicare, something that Americans today is covered by some to expand. That is the so-called slash- is not profit driven that can be a low- kind of government health insurance— ing he is speaking about. cost alternative that we can consider— about 40 million on Medicaid, another The ACTING PRESIDENT pro tem- two out of three Americans. 40 million on Medicare, tens of millions pore. The Senator’s time has expired. But what about the health care pro- on veterans health care, and how about Mr. DURBIN. Mr. President, I ask fessionals? What about the doctors all the Federal employees and Members unanimous consent for 3 additional across America? What do they think of Congress—please hold up your minutes. I see the Senator from Geor- about a public option for health insur- hands—8 million of us in a government- gia in the Chamber. ance? Do not take my word for it. Go run health care plan. I don’t see a lot The ACTING PRESIDENT pro tem- to the New England Journal of Medi- of my colleagues running for the exits pore. Without objection, it is so or- cine. They surveyed 2,000 doctors to get out of the Federal Employees dered. across America and asked them basi- Health Benefits Program. It is one of Mr. DURBIN. Mr. President, let me cally: What do you think about a not- the best insurance programs in Amer- address this notion that what we are for-profit, public option health insur- ica. It has been for 40 years. It offers doing happened behind closed doors, ance plan? Doctors, professionals, med- us, in my case, nine different private which was said by the Senator from ical professionals—10 percent of them health insurance plans to choose from; Kentucky. I know some don’t want to said: We think we ought to have single open enrollment every year. My wife leave the broadcasting of the floor of payer like Canada; 10 percent of the and I pick the plan best for us. Our em- the Senate, which is broadcast by C– doctors said that. Sixty-three percent ployer, the Federal Government, pays a SPAN, but one of the other channels is of them said: We think it ought to be a portion of it. If we want a bigger plan, carrying the Senate Finance Com- blend of public and private so there is we pay more. It is administered by the mittee. It is not behind closed doors. It a public not-for-profit option available Federal Government. It has been for 40 is right in front of the television cam- to people. What it comes down to is years. It is wildly successful. I don’t eras. It is going on right now as they three out of four doctors in America, hear a lot of people coming to the floor consider the bill they will be voting on when asked, believe this is a reasonable criticizing that approach. It turns out this afternoon. alternative, to have a public option of to be a good one and a good model to The Senator from Kentucky said the some kind. So it is not a radical idea. expand, which is what we are trying to administration doesn’t want the people Who opposes the public option? The do in health care reform. to know what is in this bill. Before this health insurance companies do because When the Republican leader comes bill is voted on, it will be up on the it means competition in places where and says health care reform is going to Internet for everyone to read, as it they do not have it today. In most of slash Medicare, open the book and take should be. Members of Congress will the markets in America, private health a look at what is really going on. have the time and the responsibility to insurance companies—just two or three There are private health insurance read it as well. That is the way it of them—dominate the market. There companies that came to the Federal should be on something this important. is very little competition. And the Government years ago and said: We can So I would say the bottom line is other health insurance companies do Medicare better than the govern- this: The Senator from Kentucky is there cherry-pick healthy people to try ment. We can save the government critical of what we are trying to do. We to make money, leaving the rest of the money. So let us offer the Medicare have tried to engage the Republicans in people, obviously, paying higher pre- policy as a private health insurance achieving this goal. We haven’t had miums. company and we will run rings around many volunteers on their side of the So when I hear criticism from the the government. aisle. I hope that changes. They don’t Republican side of the aisle of the cur- Well, you know what. It turned out have a Republican approach to health rent plan, the obvious question is: some of these insurance companies did, care reform. The arguments they make What do you offer as an alternative? and it turned out to be cheaper, but too primarily come from health insurance Continuing this current system where many of them didn’t. They ended up companies that don’t want to see the cost of health insurance premiums overcharging us for basic Medicare, up change. is going up three times faster than to 14 percent more than the cost of But Americans know we need change. wages in America, where fewer busi- Medicare—a subsidy to private health We need to stabilize the system, get nesses are offering health insurance? insurance companies out of the Medi- people security, making sure they can

VerDate Nov 24 2008 02:33 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.014 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10337 afford good health insurance, that the for foreclosure advertisements. I hold tax credit dies in November and then it costs don’t go through the roof. We before the Senate today all 74 pages of dies the day before the declining mar- have to end the abuses of health insur- the Marietta Journal legal notices an- ket takes place, by the time the spring ance companies that turn down people nouncing the foreclosure on 1,157 market comes back in March and when they need them the most, finding homes in a county of 700,000 people. April, it is too late and we will have a deep in some application form the fail- Houses continue to decline in their protracted period of even poorer sales ure of a person to disclose they suffered value because the market demand is than we have had recently. But if we from acne as a teenager, so they are down. The foreclosures we see today pass and extend the credit through going to disqualify them from health are not subprime loans; they were the June 30 of next year, we continue to insurance coverage later in life—and I loans that were foreclosed on a year or buoy the housing market around the am not making this up. We know what a year and a half ago. When we read country. If we take away the first-time happens when they put caps and limits the addresses of these 1,157, which I home buyer limit and raise it to any on the amount they will spend in a life- won’t do, they are the addresses of home buyer who buys a home for their time, and then people find themselves mainstream America and the mort- principal residence and resides in it for with a catastrophic health situation, gages that are being foreclosed on are 3 years and we raise the income limita- not covered by their health insurance what are called conventional loans tion from $150,000 for a family to policy. We know more than twice as that were made to people who had jobs, $300,000, we stimulate the entire mar- many people are filing bankruptcy in had income sufficient to make the pay- ketplace. That has a cost to it, a score America today because of medical ments, and had downpayments of 5, 10, of $16 billion. That is a lot of money, bills, and over three-fourths of them or 20 percent. These are the good loans but it is less than 3 percent of the have health insurance that isn’t any a year ago that today are the loans amount of the stimulus, and we know good. That is the reality of staying being foreclosed on. In my State, 1 out from what has happened in the last 9 with the current system. The Senator of every 13 houses shows mortgage months that it works. It is very important that we stimu- from Kentucky may want to defend holders right now behind in their pay- late and continue the existing stimula- that. I think it is indefensible. If he ments. Foreclosures are at record rates. tion of the housing market. The reces- wants to hear it firsthand from a real sion that began in December of 2007 person, I suggest he go to the county The first-time home buyer tax credit is about to expire. What does that have began with a collapse of housing, first market and look for the food sample because of the subprime mortgage fail- lady. She will tell him what is really to do with this foreclosure problem we have and the problem of declining val- ures, but it continues to today, a con- going on in America today as we face tinuing collapse, and the failures aren’t health care reform. ues of houses and shrinking equities for the American people? It has everything subprime, high-risk credits, they are Mr. President, I yield the floor. mainstream America. There is a point The ACTING PRESIDENT pro tem- to do with it. We have a great demonstration project in the first-time in time when we owe it to our country, pore. The Senator from Georgia is rec- we owe it to our economy, we owe it to ognized. home buyer tax credit that shows this Congress the way to continue and get a mainstream America, where we know Mr. ISAKSON. Mr. President, are we we have a proven program that works, in morning business? recovery in our housing market. In the time the first-time home buyer tax to extend it and buoy the marketplace. The ACTING PRESIDENT pro tem- I wish to deal with some of the nega- credit has been in effect, it is esti- pore. We are. tives some people have expressed about mated that 350,000 home sales were Mr. ISAKSON. I ask unanimous con- extending the tax credit. sent to speak for up to 10 minutes. made. That is 357,000 sales that would The first negative I have heard in a The ACTING PRESIDENT pro tem- not have taken place. lot of interviews is: Well, isn’t all you What we need to do is look at the pore. Without objection, it is so or- are really doing is moving forward dered. value of the home buyer tax credit and some sales that are going to take place f see whether an extension makes sense anyway? Well, of course. That is the and, if it does make sense, how it object. The problem is, we don’t want FIRST-TIME HOME BUYER TAX should be structured. First of all, I say CREDIT them to take place in 2011 and 2012; we it makes sense because we had modest would like to move them forward to Mr. ISAKSON. Mr. President, I come success the first time. But I think the take place now. We want people back to the floor to discuss our economy and limitation of a first-time home buyer in the business of making the decision the pending termination or sunset of at a maximum of $150,000 in income ac- that it is a good time to buy. the first-time home buyer tax credit tually restricts us from helping the Secondly, people will say: Well, it and the potential implications and ef- part of the market that is represented costs too much. Let’s look at what we fects it certainly is going to have on in these foreclosure pages because have done in 21⁄2 or 11⁄2 years in terms of what is at best a very fragile economy these are houses of people with more cost to try to save an ailing economy. today. than $150,000 in income who would need We have put $85 billion in 1 night in First, I wish to reference this morn- to qualify. These are what are known AIG. That is a lot more money than $16 ing’s USA TODAY business section as the move-up homes, the homes the billion. The Federal Reserve has at one where it was reported that existing executives and transferees from around place or another invested over $5 tril- home sales trailed down in the month the country sell when they leave their lion. That is a lot more than $16 bil- of August off of the month of July. home county and are transferred to a lion. The stimulus, which is a 2-year They did note they were better than job in another city or another State. stimulus, which is just in its infancy of August of a year ago but still deplor- We need to energize that market be- trying to make some difference, was ably low. Of all of the sales that were cause the move-up market is where the $787 billion. The Troubled Asset Relief made in the month of August, 30 per- problem exists. Program, or TARP, which was passed cent were attributable to the first-time So I would submit that when we look in October of last year, was $700 billion. home buyer tax credit. Unfortunately, at the sunset date of November 30 on Yet we have a proposal that has gen- substantially all the rest were attrib- the first-time home buyer tax credit, erated 350,000 sales, costs $16 billion, utable to short sales or foreclosures. we should extend it—not forever but that is about to die, where all of those I was home Friday. In my State of through midyear next year, to the end other programs and trillions of dollars Georgia, we have a law that says that of June 2010. There is a reason for that have only saved a collapse but not re- if you foreclose on a deed to secure recommendation. The worst 3 months generated an economy. debt or a mortgage, you must advertise of the year in any housing market any- So I come to the floor today to ask for four successive Fridays preceding where in the United States are Decem- everybody in the Senate to think about the first Tuesday in the following ber, January, and February because it what is happening. Six weeks from month in order to foreclose. So every is winter and because it is the holidays. now, the tax credit sunsets. When it Friday in the legal organ of every So there is not much of a market to fails, the market again will have down- county in Georgia, there is a section begin with in those 3 months. If this ward depression on values, on sales,

VerDate Nov 24 2008 02:33 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.015 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10338 CONGRESSIONAL RECORD — SENATE October 13, 2009 and most importantly on consumer The SGR, however, is just one exam- vision. I believe Congress is being confidence. Let’s try to slow down the ple of how Congress has been unwilling shortsighted in not addressing a major rate of foreclosure. Let’s help Middle to not only prevent cuts to the Medi- concern in the Medicare Program—a America, which right now faces dif- care Program but also unwilling to fix concern that not only would address ficult times. Let’s take them out of the the flawed SGR formula. Except for 1 reimbursement decreases that doctors newspaper and let’s take them back year, in 2002, when Congress allowed have faced every year since 2002, but into a buoyant economy that has jobs, the 5.4-percent cut to go into effect, also the concerns about access to doc- has growth, and has promise for the fu- every year since then Congress has tors that is worrying more and more ture. ‘‘fixed’’ the Medicare cut by affixing a Medicare patients every day. By strip- I submit that an extension of the Band-Aid, which has resulted in artifi- ping this important provision out of first-time home buyer credit by remov- cially adjusting the Medicare reim- the House bill, Medicare patients are ing the means test, raising the income bursement rates and pushing larger left crossing their fingers in the hopes limitation, and extending it to midyear ‘‘phantom cuts’’ into future years. Will that the SGR fix will ultimately be in- is good for America, makes good sense this year’s 21-percent cut to Medicare cluded in the health reform bill. I be- for this Senate, and I hope we will find provider reimbursement rates go into lieve removal of this essential and im- the time before the current bill sunsets effect? It is highly unlikely. In fact, portant provision, not only because of to pass it and do it for America. the Baucus bill contains another Band- policy concerns but, rather, because With that, Mr. President, I yield the Aid measure that pushes this year 21- House leaders want to stay below an floor and suggest the absence of a percent cut into 2010, with the notion arbitrary pricetag, simply shows quorum. that next year doctors will face an Congress’s unwillingness to address The ACTING PRESIDENT pro tem- even larger, 25 cut under the Finance significant failures in a government pore. The clerk will call the roll. Committee proposal. health program that impacts the lives The assistant bill clerk proceeded to While the past is not always indic- of some 44 million elderly and disabled call the roll. ative of the future, I believe it is high- Americans. Ms. MURKOWSKI. Mr. President, I We know the government has been ask unanimous consent that the order ly unlikely that we in Congress will witness any willingness to make a promising to cut from the Medicare for the quorum call be rescinded. Program, particularly in the areas of The ACTING PRESIDENT pro tem- game-changing ‘‘audible’’ that forces half a trillion dollars in cuts to serv- waste, fraud, and abuse, since the pore. Without objection, it is so or- Reagan administration. Yet spending dered. ices for our seniors and for the disabled. The CBO has acknowledged this continues to rise. There is no reason to f in a letter to Senator BAUCUS when believe this is going to ever change. I HEALTH CARE REFORM they discussed the budgetary impact of will not support cuts in services under Ms. MURKOWSKI. Mr. President, I the health care bill. CBO said: the Medicare Program. I will ask my colleagues to give weighted consider- rise to talk about the hidden taxes that The mechanism governing Medicare’s pay- American families could be forced to ments to physicians has frequently been ation to whether they would be willing pay under the Baucus proposal if Con- modified (either through legislation or ad- to tell their Medicare seniors and dis- gress doesn’t cut half a trillion dollars ministrative action) to avoid reductions in abled constituents that they voted to in Medicare services. Despite the score those payments. . . .The long-term budg- cut $500 billion from their Medicare in- etary impact [of the Finance Committee pro- surance. Inevitably, if the Congress we saw last week by the CBO that posal] could be quite different if those provi- there would be an estimated $81 billion cannot pass a measure to cut from sions were ultimately changed or not fully Medicare, then the money will have to in savings to the Federal Government, implemented. the fine print of that CBO letter paints be made up either through increased If, since 2003, Congress had stepped in taxes on average American families or a different picture and raises some real to prevent Medicare cuts from going concerns about whether Congress has in the form of additional deficits that into effect, why should we expect Con- will burden future generations of the stomach to cut $500 billion in serv- gress to now take the unprecedented ices to the elderly and the disabled on Americans. step of cutting nearly half a trillion Mr. President, with over $2 trillion Medicare. dollars from the Medicare Program? In This point was raised over the week- spent on bailouts, stimulus, and cash fact, there was an editorial in the end. There were several editorials that for clunkers in just the past 22 months, Washington Post last month talking ran in the Washington Post, Reuters, we must be better stewards and more about CBO’s assumption of Medicare the Salt Lake Tribune, and the Colo- vigilant of the potential for additional savings. They said: rado Springs Gazette, and they criti- costs to working families for expanding cized the Baucus bill for unrealistically Many Medicare ‘‘savings’’ are probably government services and creating more phony. Congress is likely to reverse them, as relying on $500 billion in savings in mandates for health insurance. in the past. Put in that category about $200 With that, I thank the Chair and sug- Medicare. These articles conclude that billion in ‘‘savings’’ over 10 years from lower Congress is unlikely to enact Medicare gest the absence of a quorum. reimbursement rates for doctors, which Con- The ACTING PRESIDENT pro tem- cuts based on their annual action—our gress has repeatedly prevented from occur- annual action—since 2003 that has ring. A separate $180 billion in ‘‘savings’’ pore. The clerk will call the roll. The assistant bill clerk proceeded to stopped cuts to the doctors’ reimburse- from lower reimbursement for hospitals and call the roll. ment rates under the sustainable other providers are similarly suspect. To- Mr. WEBB. Mr. President, I ask growth rates formula. This is what we gether, these items provide about half the [Baucus plan’s] financing. If half a trillion is unanimous consent that the order for call the SGR. waiting to be squeezed painlessly out of the quorum call be rescinded. In 1997, Congress enacted the SGR Medicare, why wait for health care reform? The PRESIDING OFFICER (Mr. formula, which automatically cuts If, as Obama repeatedly insists, Medicare UDALL of Colorado). Without objection, Medicare reimbursement rates when overspending is breaking the budget, why it is so ordered. annual spending for doctors’ visits ex- hasn’t he gotten started on the painless bil- Mr. WEBB. Mr. President, I ask ceeds the SGR target. Every year since lions in ‘‘waste and fraud’’ savings? unanimous consent to speak in morn- 2003, Congress has stepped in to prevent That was in the Washington Post last ing business. these cuts from going into effect. The month. The PRESIDING OFFICER. Without question should be asked whether it is Just today, on the front page of the objection, it is so ordered. wrong for Congress to prevent these Washington Post, it was reported that The Senator from Virginia is recog- cuts. I suggest no, absolutely not. In the SGR fix included in the House bill, nized. fact, there is virtually unanimous H.R. 3200, was stripped out of the Mr. WEBB. I thank the Chair. agreement among Republicans, Demo- health care reform bill that passed in (The remarks of Mr. WEBB pertaining crats, and the President that the fixes three House committees of jurisdic- to the introduction of S. 1774 are print- must happen because the SGR is a tion. Leaders in the House are citing ed in today’s RECORD under ‘‘State- flawed formula that doesn’t accurately the $240 billion cost of the SGR fix as ments on Introduced Bills and Joint account for Medicare practice costs. the main reason for removing this pro- Resolutions.’’)

VerDate Nov 24 2008 02:33 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.016 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10339 Mr. WEBB. Mr. President, I yield the one who objected to bringing that to right now does not get to see it. Only floor and suggest the absence of a the floor and for some very serious rea- the appropriators. Why would we not quorum. sons. Unanimously, the Senate body want to share that with the American The PRESIDING OFFICER. The agreed to an amendment that would people? Is there some reason? clerk will call the roll. create transparency in that appropria- A report by the administration on de- The assistant legislative clerk pro- tions bill. There were no objections; it tailed accounting of receipts into and ceeded to call the roll. was a unanimous vote. What we at- obligations and expenditures from the Mr. COBURN. Mr. President, I ask tempted to do was to bring to light, to inland waterways trust fund. Well, unanimous consent the order for the the American people, not just the 30 what most people do not realize is quorum call be rescinded. Senators who were going to get the re- when we put out a number that is our The PRESIDING Officer. Without ob- ports—70 percent of the Senate cannot budget deficit every year, that number jection, it is so ordered. see the reports—to the rest of the Sen- does not recognize what we have stolen f ators and to the rest of the American from multitudes of trust funds, includ- people, the reports that are requested ing the inland waterway trust fund, CONCLUSION OF MORNING by Congress on the operation of this which is very important to all of the BUSINESS appropriation authority. things that go on along the Mississippi The PRESIDING OFFICER. Morning We put in there a very specific exclu- River, the McClellan-Kerr Navigation business is closed. sion for anything that would affect se- System, the Upper Mississippi River, f curity so those items would not be ex- the Great Lakes. All of those are fund- posed. ed by the inland waterways trust COMMERCE, JUSTICE, SCIENCE, There were no significant efforts to fund—except we steal all of the money AND RELATED AGENCIES APPRO- hold this in conference. So I wanted to out of it so there is no money in it. PRIATIONS ACT, 2010 explain for a few minutes to the Amer- Here is the report on it, and they do The PRESIDING OFFICER. Under ican people and to my colleagues why not want the American people to see it. the previous order, the Senate will re- it is important. What we have here are Why would you not want the American sume consideration of H.R. 2847, which the following reports. The question you people to see that we are stealing from the clerk will report. have to ask is, why does the Appropria- the funds we have set up that were sup- The assistant legislative clerk read tions Committee not want the Amer- posed to be dedicated to do certain as follows: ican people to see this information? things? Because you really do not want A bill (H.R. 2847) making appropriations What in the world could be a good rea- a transparent Congress so the Amer- for the Departments of Commerce and Jus- son for American citizens and 70 Sen- ican people can see what is going on. tice, and Science, and Related Agencies for ators to not be able to see this? There A report on remediation efforts by the fiscal year ending September 30, 2010, and is not any good reason. the Corps of Engineers through the for- for other purposes. I will go through and list what some merly utilized Sites Remedial Action Pending: of the reports are in this bill. Then I Program. Most of us do not even know Vitter-Bennett amendment No. 2644, to will raise the question: Why are we not what that is. But the fact is, if we have provide that none of the funds made avail- letting the American people see it? former sites that required remedial ac- able in this Act may be used for collection of Why are we not letting 70 of our col- tion, why should’nt we all get to see census data that does not include a question leagues see it? that? Why should we not be able to regarding status of U.S. citizenship. An annual report on the Department make a value judgment on whether the Johanns amendment No. 2393, prohibiting of Energy, on their financial balances, Corps did a good job and what they are the use of funds to fund the Association of is important information to me. It Community Organizations for Reform Now doing with the money? But yet we can- (ACORN). should be to every Member of this not. Levin-Coburn amendment No. 2627, to en- body. But it also should be important A report detailing the implementa- sure adequate resources for resolving thou- to every citizen out there who is pay- tion and progress of the measurement sands of offshore tax cases involving hidden ing for the $1.6 trillion deficit we have plans for each funded energy innova- accounts at offshore financial institutions. this year. Actually, they are not pay- tion hub. We have these hubs out there Durbin modified amendment No. 2647, to ing, their kids are. to create alternative and renewable en- require the Comptroller General to review A report by Chief of Engineers on ergy, except we are not going to see and audit Federal funds received by ACORN. Water Resources, but the way it is what they are doing. It is not going to Begich-Murkowski amendment No. 2646, to phrased, it is on a ‘‘water resource allow tribes located inside certain boroughs be available to us. It is not going to be in Alaska to receive Federal funds for their matter.’’ In other words, someone very available to the American people, and activities. specifically tied that so they would they are paying for it. What happens if Ensign modified amendment No. 2648, to have information others do not have. there is an idea and somebody reads provide additional funds for the State Crimi- This is government in the dark; this is about it and it gives them another nal Alien Assistance Program by reducing not transparent government. idea? corporate welfare programs. A report by the Nuclear Regulatory A report by the Secretary of Energy Shelby-Feinstein amendment No. 2625, to Commission identifying barriers to and to the Committee on Appropriations of provide danger pay to Federal agents sta- its recommendations for streamlining the House and the Senate on the state tioned in dangerous foreign field offices. Leahy amendment No. 2642, to include non- construction of new nuclear reactors. If of defined benefit pension liabilities in profit and volunteer ground and air ambu- we want to get to clean energy, that is the Department for the preceding year. lance crew members and first responders for one way to do it. Yet the barriers for That is something we should all be certain benefits. that construction, we are not going to aware of, not just a couple of staff Graham amendment No. 2669, to prohibit know what they are. The American members on the Appropriations Com- the use of funds for the prosecution in Arti- people are not going to find out and 70 mittee. The American people should cle III courts of the United States of individ- Senators are not going to find out. We know that, in fact, they do not have uals involved in the September 11, 2001, ter- are not going to have that made avail- the money in the bank to fund their rorist attacks. able to us. pension liabilities. Yet we are going to The PRESIDING OFFICER. The Sen- Two reports to report on the transfer suppress that information. We are ator from Oklahoma is recognized. of funds within the Department of going to keep it from the sunshine. We ENERGY AND WATER APPROPRIATIONS Army, and a report on the transfer of are going to keep it from the light of Mr. COBURN. Mr. President, I plan funds within the Bureau of Reclama- day so the American people cannot see on spending some time on the CJS ap- tion for oversight activities—in other how miserably the government runs its propriations bill, but I want to delay a words, a report on the funds that are own business. We do not want that out. moment. We are going to have a clo- transferring for oversight, only appro- We do not want you to see it. ture vote, whether that is today or to- priators get to see that. The American I could go on and on. I have three morrow or sometime, on the Energy people do not get to see it. I do not get pages of reports. Notably, some of and Water Conference Report. I was the to see it. The President pro tempore them are security related and should

VerDate Nov 24 2008 02:33 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.018 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10340 CONGRESSIONAL RECORD — SENATE October 13, 2009 not be released to the American public, and continue to have is less and less the people who supplied it did not lose which this amendment protected. confidence of the American people as a thing. That is a very profitable con- What this means is that 88 percent of we try to lead this country back to the tract. the Members of the House and 70 per- greatness it once had. That is why we have problems in the cent of the Members of the Senate do CJS APPROPRIATIONS Federal Government. That is why we not have available to them the tools I am now going to spend a few min- have $50 billion worth of waste a year with which to make decisions. But, utes, if I may, talking about the Com- in the Pentagon: because we do not more importantly than that, the Amer- merce-Justice appropriations bill. This know what we want, and there is no ican people do not have transparency is another in a long line of bills that capital at risk for the people who are in their government. They are never has a double-digit increase in the size bidding these contracts. So, con- going to be made available for tax- of the government, on the back of a sequently, they just do whatever be- payers to read. They are never going to double-digit increase last year, and on cause it is cost-plus. They just send a see how sloppily the money is spent, the back of a $16.2 billion shot in the bill at the end of the month, and we how we borrow money from funds that arm from the stimulus. pay it. So we are going to have an $18 are supposed to be dedicated and spend We were at $60 billion, essentially, billion census that has a high likeli- them on things that are pet political last year, and we are going to increase hood of being the least accurate census projects. We do not want them to see it by $7.59 billion. That is a 12.6-per- we have ever had. There are probably that. This is not controversial. The cent, 12.7-percent increase. I brought a going to be numerous lawsuits over only place it is controversial is to chart out here last week. I will bring it this census. those who are working in the dark. And back again today as we debate the My hope is that Director Groves can, the very fact that this did not come amendments I have. But not counting in fact, salvage the census. But when out of conference with transparency— the stimulus, if we keep passing appro- we get it, it is not going to be accurate. every other appropriations bill we have priations bills at the rate at which this It is going to displace six House seats passed so far has had this transparency body has passed this year, the size of because it is going to count illegal for report language. So why would we the Federal Government will double in aliens who should not be counted in bring it to the floor? We should be very 3.5 years. terms of the apportionment for the concerned that was excluded from this I think that is probably just exactly seats in Congress. conference report, for a republic cannot the opposite mood of the American There are 561 earmarks in this bill. function, it cannot survive unless it is people today. Yet we turn a deaf ear to Two-thirds of them—hear me clearly— truly transparent to the people it rep- the fact that 43 cents out of this $67 bil- go to members of the Appropriations resents. lion that we are going to spend—43 per- Committee. Is that not a coincidence? Our President was elected on the cent of it we are going to directly bor- One-third goes to the other 70 Members promise of bringing greater trans- row from our kids. of the body, but two-thirds goes to the parency to Washington, not only just We do not have the money in the 30 members sitting on the Appropria- to the workings of the Federal Govern- bank to pay for this. We are going to fi- tions Committee. ment but to our daily workings as we nance it through a lower standard of The President proposed that two pro- tend to government. Congress should living for our children. There is no grams be absolutely terminated be- have supported this effort. question a portion of this increase is cause they have zero worth, value, and I serve notice on the Senate that any related to the census. The Census Bu- contribution to the Federal Govern- conference report that does not have reau is in a mess. We have a good new ment. They are both funded in the bill. transparency, which I will offer and Director. It was completely mis- The bill is one of many we will pass have offered to every bill, that comes managed by the Bush administration, that will have double-digit increases. I back from a conference, I will do every- there is no question about it, by the wonder how many families right now thing I can to block it until that is put Secretary of Commerce, and also the are seeing a double-digit increase in back in it. The American people de- Director of the Census. their income. That is a rarity today in serve no less than that. It is, in fact, We had a great caretaker who re- our economy. Yet we put on the floor their government, not 30 appropriators’ placed the previous Census Director, almost a 13-percent increase which is government. It is not just the 30 appro- and he did what he could. Now we have about the average of everything else we priators who get to govern this coun- a new, very experienced Director of the have been putting out here, in spite of try. The fact that this piece of good Census by the name of Dr. Groves, who the fact we just spent $800 billion of government, of transparency, of put- is handling a very difficult problem. our kids’ money on a stimulus pack- ting out for everybody to see what we But it is going to come out that it is age, and this agency received a signifi- are doing has been precluded sends ex- going to take $60 a person—hear this— cant portion of that. actly the wrong message to the Amer- to count the people in the United I suggest the absence of a quorum. ican people. So it will be that I will States. The PRESIDING OFFICER (Mr. NEL- come here again, and I will not give up Please give me that contract for 10 SON of Nebraska). The clerk will call until such time as the American people cents a person. Please let me do it for the roll. truly get to see a transparent govern- 10 cents a person. We are going to The bill clerk proceeded to call the ment. spend 60 cents a person—pardon me, $60 roll. The President and I passed a bill a person, $60 a person to count the peo- Mr. COBURN. I ask unanimous con- called the Transparency and Account- ple in the United States. sent that the order for the quorum call ability Act. You can go to Go figure. Let’s outline what hap- be rescinded. usgovernmentspending.gov and you can pened to the Census. The Census rou- The PRESIDING OFFICER. Without see where we are spending money. tinely uses no-bid, cost-plus contracts. objection, it is so ordered. Sometime this spring you are going to Whatever it costs, do it. Well, it just so Mr. COBURN. Mr. President, I want see it all of the way down to the sub- happens their plan went awry. They the American people to know where we contractor, subgrantees level. You are paid bonuses to a company that failed stand financially. The war on terror going to be able to go online and see to deliver what was ordered. The Cen- will not defeat us. We will defeat our- where every penny, except for national sus failed to be clear about what they selves. Every known republic to the security purposes, is spent and who got wanted in terms of the electronic de- world collapsed through fiscal mis- the money. That is real open govern- vices. So we have $750 million worth of management. We can read the history, ment. That is real democracy. That is junk we cannot use. Somebody ought Alexander Tyler on the Athenian em- real freedom. That is real liberty. to be held accountable for that. pire, several other scholarly works Without that, based on the dem- Do you know who that is? That is us. throughout the last two to three cen- onstration that we make here today by How dare we waste almost $1 billion on turies. bringing up a bill that keeps us cloaked one contract, because it was a cost- What we are really talking about is in secrecy, that keeps the American plus, was not overseen. We did not our kids. They are not my kids. My people in the dark, what we will have know what we were asking for, and yet kids are grown. They are all in their

VerDate Nov 24 2008 04:29 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.020 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10341 30s. We are talking about youngsters creases: 5.7; 7.2; Energy and Water, 1.4— without cracking. It is 300 to 500 times this age. She makes a great point. She the only reason it was 1.4 is because more resistant to cracking and 40 per- is already $38,375 in debt, and all she they got $45 billion from the stimulus— cent lighter in weight which means we owns is a dollhouse. The sad thing is, Agriculture, 12.6; Treasury-HUD, 22.5; can build bridges that will never fall she totally underestimates, because Interior, 16.2; and now CJS, 12.6. down. We won’t have a Minnesota trag- her obligation for things we have prom- Most families—and I know almost edy again. That is the real science from ised ourselves for which she will have every business—are making hard the National Science Foundation. to pay above and beyond income tax choices right now about what they Let me give a little hint of what the rates we have today, Social Security spend money on and what they do not. National Science Foundation projects taxes and Medicare taxes, is just a They are in tough times. Somehow for political science have been. mere $400,000. So by the time she be- that hasn’t reverberated to this body. There is $188,206 to ask the question: comes 20, she will owe $800,000, if we If it has, it has not reverberated to the Why do political candidates make count the interest which is coming. It appropriations committees of the vague statements, and what are the is not long before we will be spending a House or Senate. That will be an consequences? We all know the answer trillion dollars a year on interest. And amendment to freeze spending at last to that. They make vague statements this number, by that time, will be year’s level, which could easily be because they want to get reelected. $118,000. So now we will have her at done, but we don’t have the courage to They do not want to get pinned down. $918,000 that she is going to have to pay do that. There will be several other It is not hard to figure out, but we blew off for us. amendments offered. They are working a lot of money on it. Think about that as a moral ques- on an agreement at this time. How about a grant for political dis- I will be offering three amendments. tion. Should we in fact cut the legs off cussion in the workplace? That has to I will wait until the Senator from our grandchildren so that politicians be an important priority for the coun- Maryland comes before offering them. I and political leaders today can spin try now that we are running a $1.6 tril- understand they don’t want me to call things and avoid making the most dif- lion deficit. them up at this time. So I will not. One ficult choices that we now need to Here is one: television news and the of the amendments limits funding to make? If one follows the news, espe- visual framing of war. I am certain the National Science Foundation. It cially the financial news, the problem that is an important research topic has created quite an uproar with polit- the United States faces today is the that we should sacrifice our children’s ical scientists that we would dare de- fact that the world is losing confidence future for, and I know it must be a pri- crease the amount of money we spend in the dollar. There is a reason for ority for her, this little girl, whose on figuring out why politicians are that. What is the reason? The world is daddy or mama was smart enough to vague or why certain people vote a cer- starting to sense that as we continue recognize what the real consequences tain way or the other way. What hap- to borrow more and more billions and of our behavior are. trillions of dollars that we will not be pens when we spend money on obvious Or how about another study: Why able to pay it back. Therefore, the answers is that money for the National people are for or against military con- world’s valuation of our currency be- Science Foundation doesn’t go to cure flicts? Nobody is for military conflicts. comes less confident. Therefore, the a disease. It doesn’t go to make an ab- They are for the defense of our coun- cost to borrow in the future becomes solute impact on some child who is suf- try. But to spend money to study why higher. The figure I just quoted, the fering from a chronic disease that un- people are for or against? Tell me what $918,000 per child who is born over the less the research dollars are there, they that contributes to her future? next 30 years, is based on today’s inter- will never have a normal life or life- est rates of 3.4 percent on a 10-year style. In fact, everybody screams when I am accused of being a flatlander. I note that the Government offers. What some of their money gets attacked. do come from Oklahoma. I was born in happens when the interest rates are 10 So the political scientists in the Wyoming. But there is one difference or 11 percent? We are talking about a country, those who get this money, with us flatlanders: we actually have fiscal collapse that has never before $91.3 million over the last 10 years that worked in our lives, we understand been seen in the history of the world. we have doled out to political sci- common sense, and we have had to Yet we continue to put spending bills entists, that $91 million could have make hard choices before. on the floor and laud the fact that we gone to the study of biology or chem- How about this study, the impact of are only borrowing 43 cents out of istry or pharmaceutical science or Medicare reform on senior citizens’ po- every dollar we spend this year. fields of endeavor such as micronutri- litical views. I can tell you what it is. There will come a time when we ents or cellular metabolism or genetic We take away a benefit, they are not can’t borrow 43 cents out of every dol- manipulation so we can cure a disease. going to like it; we add a benefit, they lar we spend. What will we do then? Instead, where do they spend the are going to like it. Send me the check. What will happen then? What will hap- money? Campaigns and elections, elec- I will do it for free. It is plain, old com- pen is the following: We will either see toral choice systems, political change, mon sense. It may be nice to have the a totally debased currency which domestic conflict, party activism, po- statistics behind that, but we all know means everything we worked for our litical psychology, and political toler- the answer to those questions. entire life will be markedly decreased ance. Here is another one: evaluate whip in value or we will see 15, 20, 30 percent What are some of the good things counts. Let me tell you what a whip inflation. There is no other exit for NSF does? NSF scientists have devel- count is. Every party has a whip so this other than for us to do the fol- oped new computer-generated robotics they can count the votes before they lowing: We have to start making the to help people with severe disabilities. happen so they think they know what hard choices now. They can do what we can do, those of is going to happen on the vote, so they This bill doesn’t do it. From 2008 to us who don’t have a physical disability, know what votes to bring up and what 2009, the fiscal year ended September except they can now do it with a robot. votes not to. We are going to have a 30, we increased CJS by 15.5 percent. They become independent again and study by Congress: How do whip counts This bill comes back and increases it get their life back. NSF supported en- impact party leaders in the legislative another 12.6 percent. Compound that gineers that created a bone substitute process? Who cares. Nobody should out and we find, without the stimulus that blends in tendon tissues which care about that. What we should care money they also got, that we will dou- mimics natural bone and provides bet- about is her future. We have our prior- ble the size of this agency in less than ter integration so that people with lost ities totally upside down and turned on 4 years. I am not sure that is what we movement in their joints have it re- their ear. want. turned. NSF created technology with How about a conference on the effect Here is what we have done so far. If their grants to engineer the next gen- of YouTube on the 2008 election. Now, we look at the bottom corner, inflation eration of biofuels. We are seeing the the people who are interested in that is expected to be less than 1.6 percent. science. They created a new type of are politicians because ‘‘how do we use Yet we see the following percentage in- fiber reinforced concrete that bends YouTube to get reelected?’’ Should we

VerDate Nov 24 2008 02:33 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.021 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10342 CONGRESSIONAL RECORD — SENATE October 13, 2009 be paying for that with your tax dol- ent on millions of dollars of funding— now. What do we cut back? What is the lars? ‘‘How do we keep incumbents in- when they are sitting with billions of thing that we sacrifice today to secure cumbents?’’ I would think a better dollars in their endowments—are worth the future for our family tomorrow? study of political science is, how do more than she is. That is exactly the Ashamedly, not much of that exists you throw us all out. That is a better problem. in Washington. What does exist is a use of the funds. How do you get rid of Until we figure out we are going to willingness to say yes to everybody, us since we are doing such a terrible have to make some tough sacrifices, and then wink and nod and try to have job managing the finances of this coun- her future is at risk. Unless we do this it both ways. I am not a both ways try? fairly soon, we could very well be on an kind of guy, and neither is America. Or how about the ‘‘NewsHour’’ with irreversible course. Two or three more The great sheet is about to be lifted Jim Lehrer—to pay for complete, live, years of spending the way we are over the, I would use, imbecilic meth- prime-time gavel-to-gavel coverage of spending and borrowing the way we are ods of Washington. When transparency the Democratic and GOP National Con- borrowing will doom her to a standard gets its full view, America is going to ventions. Guess what. They were cov- of living 40 percent below what we see make some major changes, and I am ered by three other networks free. We today. Those are not my words, the not talking Republican-Democrat. I am did not pay them a penny. Yet we pay economists agree. The governments are talking both. this. going to end up consuming 45 or 50 per- This is a problem of elitism. This is a We are going to increase NSF’s budg- cent of our total GDP. We are at 10 per- problem of short-term thinking by the et in this bill 8 percent, the National cent this year—the highest in our his- political leaders of this country on: Science Foundation. It is the one we tory with the exception of being in the How do I manage my political career ought to be increasing 12 or 15 percent, midst of World War II. Never have we and to heck with the rest of the coun- but it ought to be on real science, on been in such shape as we are in today. try. Nobody in their right mind would pure science, on science that has an I think we have a lot of things wrong. bring appropriations bills to the floor outcome we can measure that is not re- But the No. 1 thing we have wrong is that have these types of increases at a lated to the observation of common we have forgotten that service is about time when we are stealing $1.4 trillion fact but is new research that will de- sacrifice. Service is about giving up from our grandkids. How do we justify rive great benefits for the people of something of you so somebody else gets it? How do we justify growing the Fed- this country. ahead. We cannot expect the American eral Government at a time when fami- So I will be offering an amendment people to model that behavior if we are lies are struggling like they have never to limit the amount of money. We are not willing to do it. If everything we do struggled except during World War II going to hear all sorts of claims. What is about protecting our own vested po- and the Great Depression? How do we we have heard already on the blogs is litical interests and protecting our justify that? that National Science Foundation po- campaign contributors and protecting We do not justify it. We cannot jus- litical science research contributes to the well connected and not excluding tify it. What we can do, and what will our understanding of democracy. I and divorcing ourselves from all of that happen in the debate on the amend- think we have pretty well figured what and making great commonsense judg- ments I bring forward—they will be ig- democracy is. ‘‘Our ability to have a ments, we are history as a nation. nored. They just will not debate it. It free and open democratic process would I wonder when it started. I wonder will go away. That is what happens be significantly harmed without this when it started that we decided we when we bring critical amendments to research.’’ were more important than the country. the floor and question the wisdom of You know what is being harmed is I wonder when it started when we de- growing the Federal Government larg- her generation, as we foolishly spend cided we would push our hand and say: er and larger without developing a way dollar after dollar on things that are Stop the heritage of this country. to pay for it and without taking a crit- not a priority—hundreds of millions of When did it start that we decided we ical look at all of those programs out dollars on program after program after were worth more than the generations there. program that 90 percent of Americans that follow us? When did it start that There is $350 billion worth of waste, could say: That might be fine if we we decided we were not brave enough fraud, and duplication in the Federal were in a cash-rich position, but at a to take the hits to make the hard Government right now. The American time when the Federal Government is choices so the Republic can be pre- people ought to be clamoring that we about to double every 4 years and the served? When did it start? When did freeze spending everywhere until we debt is about to double every 5 years, that cowardice start because it is ever have done a review of every govern- wouldn’t it be smart to not spend present now as we go through the ap- ment program that is out there—just money we don’t have on things we propriations process. like they are doing with their own fam- don’t need? So that is what this I ran a business for 9 years, and I ilies, just like they are doing with amendment is. learned a lot doing that. I learned a lot their own businesses, just like every There is another claim: The loss of about people. But I also learned a lot organization in America today is hav- National Science Foundation funding about making tough choices. We, in ing to do, except governments. will significantly harm political fact, can make tough choices and pre- How is it this can happen? How is it science research in this country. Let serve what is good and best and bright- we can go down the sewer drain just me give you a few facts about that. The est in all of us. As a matter of fact, like other republics, knowing what his- University of Michigan—they are the hope comes from that, when people tory says will happen to us if, in fact, receiver of the largest grant under the make those tough decisions that, in we abandon fiscal sanity? That is what NSF—has a $7.5 billion endowment. fact, consider the very personal nature this appropriations bill does, and all That is just one of the universities— of how individuals are affected and the rest of them we have passed be- $7.5 billion—and we are supposed to they are at work for the common good cause, in fact, we will double the size of keep sending, every 10 years, $100 mil- for the long run. the Federal Government in the next 4 lion for political science research. You see, there is not a business out years, based on 2008, 2009, not counting Here is the political science—here it there today that is surviving just the stimulus. is: The heritage of this Nation is that thinking only in the short run. If they If we are running a $1.4 trillion def- one generation creates opportunity for are, they will not be here 2 years from icit—actually $1.8 trillion when we the next by sacrificing, making the now. They are all thinking in the long count everything we have stolen from hard choices they need to make to run. They are all positioning, planning, Social Security and everything we make sure what has worked in the past managing, developing. The same with have stolen from, for example, the in- will provide them opportunities in the families. They are doing that right now land waterways trust fund and the future. This does not do any of that. at the dinner table—positioning, plan- other trust funds; and we have not What it says is, the ones who are on ning, developing what is going to come funded any Federal pensions; and, by the ins, the people who are well con- next: How we are going to get where we the way, we have not funded anything nected now, the people who are depend- want to go. We are in a rough period else we have an obligation for, such as

VerDate Nov 24 2008 02:33 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.023 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10343 VA health care or military retire- It is deeply personal with me. I have Sciences of the Directorate for Social, Be- ment—none of those things are fund- five grandchildren. I look in their eyes, havioral, and Economic Sciences of the Na- ed—what happens when we get in the and I see the potential of their lives tional Science Foundation. crunch? and all of these other children who are AMENDMENT NO. 2632 What happens when nobody loans to out there. There is tremendous poten- Mr. COBURN. Mr. President, I ask us anymore? Wouldn’t it be prudent to tial in them. You know what, we are unanimous consent to set aside the prepare for that? Wouldn’t it be pru- going to waterboard them. That is pending amendment and call up dent for us to dig in as a nation— what we are going to do. We are going amendment No. 2632. Democrats and Republicans and Inde- to waterboard them. We are going to The PRESIDING OFFICER. Without pendents—and say: Time out. Let’s flood them with debt. We are going to objection, it is so ordered. look where we are. Let’s quit wasting shackle their opportunities. We are The clerk will report. $350 billion a year. Let’s eliminate the going to limit their possibilities be- The assistant bill clerk read as fol- duplication. There are 800 programs cause we don’t have the courage to lows: outside the Department of Education make the difference for their future. The Senator from Oklahoma [Mr. COBURN] that are run by the Federal Govern- Mr. President, I will yield the floor, proposes an amendment numbered 2632. ment for education—outside the De- and I will come back and offer my Mr. COBURN. I ask unanimous con- partment of Education. How about amendments when the Senator from sent that the reading of the amend- eliminating them or at least putting Maryland arrives. ment be dispensed with. them in the Department of Education With that, I note the absence of a The PRESIDING OFFICER. Without and consolidating them. And oh, by the quorum. objection, it is so ordered. way, education has done a wonderful The PRESIDING OFFICER. The The amendment is as follows: job at the Federal Government level. clerk will call the roll. (Purpose: To require public disclosure of As soon as the Federal Government got The assistant bill clerk proceeded to certain reports) into our educational system, our scores call the roll. At the appropriate place, insert the fol- started declining, our graduation rates Mr. COBURN. Mr. President, I ask lowing: started declining, and our college grad- unanimous consent that the order for SEC. lll. (a) Notwithstanding any other uation rates started declining. That is provision of this Act and except as provided the quorum call be rescinded. in subsection (b), any report required to be the record of the Federal Government’s The PRESIDING OFFICER. Without submitted by a Federal agency or depart- involvement in education in this coun- objection, it is so ordered. ment to the Committee on Appropriations of try. Mr. COBURN. I ask unanimous con- either the Senate or the House of Represent- There is a lot we can fix, not just my sent to call up amendment No. 2631. atives in this Act shall be posted on the pub- ideas. The question I am asking is, The PRESIDING OFFICER. In my lic website of that agency upon receipt by Why aren’t we asking the question? capacity as a Senator from Nebraska, I the committee. Why aren’t the American people chal- object. (b) Subsection (a) shall not apply to a report if— lenging their elected Members to the Mr. COBURN. Mr. President, I note Senate and the House? Where are your (1) the public posting of the report com- the absence of a quorum. promises national security; or priorities? Does she not matter? Does The PRESIDING OFFICER. The (2) the report contains proprietary infor- their future not matter? Answer the clerk will call the roll. mation. question: With $918,000 worth of un- The assistant bill clerk proceeded to AMENDMENT NO. 2667 funded liability and debt for which at call the roll. Mr. COBURN. Mr. President, I ask 20 years of age she will be paying—we Mr. COBURN. Mr. President, I ask unanimous consent to set aside that will be paying the interest, which unanimous consent that the order for amendment in order to call up amend- means the taxes for that interest will the quorum call be rescinded. ment No. 2667. come back to her eventually—how will The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without she get a college education? How will objection, it is so ordered. objection, it is so ordered. The clerk she own a home besides a dollhouse? AMENDMENT NO. 2631 will report. How will it happen? Will Tinker Bell Mr. COBURN. Mr. President, I ask The assistant bill clerk read as fol- just come down and give it to her? unanimous consent to call up amend- lows: That isn’t going to happen. So as we ment No. 2631. The Senator from Oklahoma [Mr. Coburn] think outyears, we ought to be think- The PRESIDING OFFICER. Without proposes an amendment numbered 2667. ing about what our actions today are objection, the pending amendment is Mr. COBURN. I ask unanimous con- going to cost. Yet we don’t. set aside. sent that the reading of the amend- These are disturbing times. These are Mr. COBURN. I ask unanimous con- ment be dispensed with. not just disturbing times because we sent to set aside the pending amend- The PRESIDING OFFICER. Without face a war on terror, and they are not ment and to call up amendment No. objection, it is so ordered. disturbing times because we have an 2631. The amendment is as follows: economic downturn. What is disturbing The PRESIDING OFFICER. Without (Purpose: To reduce waste and abuse at the is that we absolutely have avoided objection, it is so ordered. The clerk Department of Commerce) leadership in bringing this country will report. At the appropriate place, insert the fol- back to its commonsense basics of The assistant bill clerk read as following: spending money we have for things lows: SEC. lll. (a) ADDITIONAL AMOUNT FOR OF- that are an ultimate priority, not FICE OF INSPECTOR GENERAL.—The amount The Senator from Oklahoma [Mr. COBURN] appropriated by title I under the heading spending money we don’t have on proposes an amendment numbered 2631. things we don’t need. A large portion of ‘‘OFFICE OF INSPECTOR GENERAL’’ under the these appropriations bills spends Mr. COBURN. I ask unanimous con- heading ‘‘DEPARTMENTAL MANAGEMENT’’ money we don’t have on things we sent that the reading of the amend- under the heading ‘‘DEPARTMENT OF COM- don’t need. We may want them. There ment be dispensed with. MERCE’’ is increased by $4,499,000. The PRESIDING OFFICER. Without (b) OFFSET.—The amount appropriated by is no question that politicians want title I under the heading ‘‘HERBERT C. HOOVER them. There is no question that the objection, it is so ordered. The amendment is as follows: BUILDING RENOVATION AND MODERNIZATION’’ National Science Foundation political under the heading ‘‘DEPARTMENTAL MANAGE- science grantees want them. Do we (Purpose: To redirect funding of the National MENT’’ under the heading ‘‘DEPARTMENT need them? That is the question. And Science Foundation toward practical sci- OF COMMERCE’’ is decreased by $5,000,000. entific research) we have no leadership that will discern, Mr. COBURN. Mr. President, I wish at a crucial juncture in our history, a At the appropriate place in title III, insert to talk about amendment No. 2667. the following: path that will bring us to not only a re- SEC. ll. None of the funds appropriated This is a fairly straightforward amend- covery from this recession but a recov- under this Act may be used to carry out the ment. ery for an opportunity for every child functions of the Political Science Program The House has $5 million for renova- her age. in the Division of Social and Economic tion of the Hoover Building. There is

VerDate Nov 24 2008 02:33 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.023 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10344 CONGRESSIONAL RECORD — SENATE October 13, 2009 no question that we need to have a con- some statements that were made in the and he thought it would do the job. In tinuing ongoing project of renovating Senate report accompanying this bill: fiscal year 2009, the IG of Commerce re- that. However, in the Senate, we have The committee is extremely concerned ceived 25.8. So we puffed it up 1.2 mil- $17.5 million. about the persistent pattern of cost overruns lion already. In addition to the stim- If we look at the Commerce Depart- and schedule slippages on major projects and ulus package, just to be sure that ment and what is going wrong, what we missions carried out by the agencies in this money was going in the right direction, see is that because we are limited by bill. we in the subcommittee, working on a The committee remains apprehensive funds, we don’t have an active enough bipartisan basis with Senator SHELBY, about the management of the census. oversight of what is going on inside; Reports have exposed a culture within put in an additional $6 million to make otherwise, we could never account for many agencies that exhibits a lack of ac- sure we did have oversight and ac- the billions of dollars of waste on the countability in oversight of grant funding. countability. We have not received any census. The committee is concerned that the Cen- indication from the IG that that IG This is a straightforward amend- sus Bureau has failed to implement three needs more money. Unnecessary fund- ment. It just says: Of that $17.5 mil- recommendations by the IG. ing will not make those problems go lion, we are going to take $5 million, NOAA’s satellite programs have undergone away. What we want to do is be able to extensive independent reviews after experi- which still puts us at 21⁄2 times what push them, advocate them, and stand the House has, and direct it toward the encing cost overruns, delays, and setbacks. The National Polar Orbiting Operational sentry. Inspector General’s Office of the Com- Environmental Satellite system has strug- The building restoration which this merce Department. What that does is gled for years with cost overruns and sched- amendment proposes to do will only it enhances oversight, enhances trans- ule delays and a high risk of gaps occurring add to the Commerce Department’s parency, and enhances communication to the Nation’s weather and climate sat- problems. It is called the Herbert C. back to the Commerce Department so ellites. Hoover Building. The building is in we can see what is going on with an The committee remains concerned by the substandard condition. It really is in agency that is obviously troubled. lack of progress in reducing patent pendency substandard condition. It is the only and the overall patent backlog. The inspector general’s department, building over there that has not been and agency-wide, is fielded by tough, I note the committee routinely takes upgraded in several years. Funding in great people who probably would pret- money away from patent fees to use on this bill would begin to modernize it, ty much agree with everything I spent other funds. As such, the committee particularly in much needed health and the last hour talking about. The fact has provided bill language to transfer safety codes—heating, air conditioning, is, they are limited in what they can funding to the Office of the Inspector electricity, and plumbing. Funding in do. They are limited by the funds we General for the express purpose of con- this covers the long partnership with give them. So we now come down again ducting all audit engagements in the GSA. I want the Senator from Okla- to priorities. Do we build bicycle racks oversight of U.S. Patent and Trade- homa to know I agree that we have to out in front of the Herbert C. Hoover mark Office. stand sentry on Commerce. If you go Building or do we spend money making Despite these concerns—and I didn’t over the bill, I have added some tough sure the inspectors general and the list them all—with the Commerce De- provisions with Senator SHELBY on auditors can actually see what is going partment, and a 52-percent increase in oversight—particularly on this NOAA on in this agency? spending in the bill, if you were con- satellite program. But taking from It is very straightforward. It is going cerned, why would you increase spend- much needed repairs at Commerce to to be a fun vote. I understand how ing that much? That is No. 1. The ac- fund the much needed repairs in over- amendments go on the Senate floor count for the inspector general is in- sight I don’t think cuts it. I will oppose when we are in the mood to spend creased only by 4.4 percent. So this is a the amendment of the Senator from money and not act responsibly. But do measly little $5 million out of a $17.5 Oklahoma, though I think he and I are we really want transparency, do we million increase. The House only has $5 on the same broadband about necessary really want to know what is going on, million for the Herbert C. Hoover stewardship. do we really want to discover the rea- Building. So we put 21⁄2 times what the The PRESIDING OFFICER. The Sen- son we are in such big trouble, and do House does in the building, and we ac- ator from Oklahoma is recognized. we really want to fund the inspector tually give the IG the money he needs Mr. COBURN. We have communica- general at a level that will give us the to do his job. There isn’t an agency tion from the GSA that says this information upon which we can make that needs more oversight and more amendment will not inhibit any of the better decisions? That leaves alone the work by an inspector general than the plans, upgrades, or improvements to question of whether we will make bet- Commerce Department. the Herbert C. Hoover Building. No. 2, ter decisions. I have a lack of con- I will limit my comments on this at we all admit there are problems at the fidence on that, but at least with the the present time, and I will defer to the Commerce Department. We have a 12.6- right information, we will be able to, in chairman, if she wishes to speak; Oth- percent increase in spending but we in- fact, see what is going on. erwise, I will discuss one of the other crease the IG by 4.4 percent. We are We continue not to prioritize funds. amendments. going to increase spending three times The Department of Commerce is going Ms. MIKULSKI. Mr. President, first, faster than the ability to track it and to get a 52-percent increase in funding we acknowledge the need for the Com- oversee it. We did increase it 4.4 per- in our version of this bill. It receives merce Department to clean up its act cent, but we increased the agency 12.6 $7.9 billion in additional stimulus in terms of its spending. The Senator percent. We have our priorities back- funds. That was 85 percent of what they from Oklahoma has indeed identified ward. We should be increasing the IG received entirely in 2009, which means the very programs that give me heart- by 12.6 percent and the agency 4 per- in a matter of 2 years we will have burn as well: the NOAA satellite pro- cent, or 1.6 percent to match inflation. given them on average three times gram, which continually has cost over- This amendment will not, in any what they receive normally in a year. runs; the decennial census, until we in- way, according to GSA, impede their So we are talking about taking a small tervened with Secretary Gutierrez, had ability to make the corrections that portion—$5 million—and directing it to become a techno boondoggle; the back- they need to make in terms of health the Inspector General’s Office so they log at the Patent and Trademark Office and safety at the Herbert C. Hoover can do what is needed to be done in is well known. Building. terms of carrying out their responsibil- However, he proposes to increase I thank the chairman for her recogni- ities. funds for the IG, even though the bill tion of the problems at this agency. There is no question in my mind that already meets the request for this of- The answer to solve it is to let the dogs the Department of Commerce is suf- fice. This amendment is unnecessary run. Let them find it. Let them go fering from mismanagement. I am not because we provide $27 million for the after it. Let them bring to light trans- directing this to the present Secretary; Commerce inspector general. This parency, and let them bring the reports I am directing this backwards through matches what President Obama said he that we need so we can make the the Bush administration. Here are wanted to put in the Federal budget, changes we need.

VerDate Nov 24 2008 02:33 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.027 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10345 AMENDMENT NO. 2632 mittee. We would have done a lot of American people can see things and I want to spend a few moments on oversight on the Census Bureau in the make up their own minds—in the inter- my next amendment, No. 2632. This is a Government Affairs Subcommittee. I est of time, I would accept the amend- very similar amendment. I spoke about can tell you that we have great em- ment. If the Senator would be willing it earlier. This amendment says that ployees there. We have had terrible to do a voice vote, I would be more whatever reports we ask for, whatever leadership until now. At $60 a person to than willing to accommodate that. I answers we want from these agencies, count people in the United States, peo- think the amendment is excellent and I in fact, unless it has to do with na- ple ought to ask why. How did we allow believe it improves the bill. I am happy tional security or defense, should be re- this to happen? to accept it, or have it voice voted, or ported to every Senator, not just the This amendment is one that the vast have a recorded vote, whatever the Senators on the Appropriations Com- majority of Americans concur with and Senator wants. mittee. And more importantly, it the vast majority of my colleagues, I The PRESIDING OFFICER. The Sen- should be reported to everybody in hope, will concur with. ator from Oklahoma is recognized. America. This is a great open govern- I yield to the chairman of the com- Mr. COBURN. Mr. President, I thank ment amendment which says we will be mittee. the chairman for her words on this transparent. The PRESIDING OFFICER. The Sen- amendment. I have learned a very crit- We are requesting numerous reports ator from Maryland is recognized. ical lesson. We have an Energy and in this bill. Why should the American Ms. MIKULSKI. I want to make a Water Appropriations bill that we did people not get to see what those re- comment about the status of the Com- the same thing on. For some reason, it ports show? Why should we not get to merce Department building. I will be didn’t come out of conference. Trans- see how we are spending our money, very clear that the subcommittee, on a parency didn’t come out. I don’t doubt why we are spending our money, and bipartisan basis, supports vigorous the veracity of the senior Senator from whether the effect of spending the oversight. The Commerce Building has Maryland, but I would just as soon money is having the desired outcome? not been renovated in more than 20 have a recorded vote, if she would not H.R. 2847 requires reports, audits, and years. mind. evaluates all decision documents and Let me quote to you from the Wash- I also want to answer the story of the expenditures by the Bureau of the Cen- ington Post in an article called rat, which is a great example of the sus. We all know that has been a prob- ‘‘NOAA’s Ark.’’ It says: mismanagement at the Department of lem. And I dispute that Secretary When the Marine ecologist Jane Commerce. It does not relate to the Gutierrez did anything about the prob- Lubchenko was finally confirmed in March present Secretary at all. If, in fact, you lem, other than talk the former leader as the Under Secretary of Commerce in have plumbing problems in the build- of the census into leaving. Secretary charge of NOAA, she went to check into her ing, the management is supposed to Gutierrez should have been following new digs on the fifth floor at the Commerce raise that issue. In fact, the Depart- the census to know before it ever got in Department. It was a fine corner on 15th and ment of Commerce received a large that kind of shape. We have a wonder- Constitution, nothing fancy, but it over- sum of money with the stimulus. The looked the Washington Monument. But when House has only $5 million for the Her- ful leader there now, and I fully sup- she opened the door and she went to powder port him. I supported his nomination, her nose, she found a massive Norwegian rat. bert C. Hoover Building. GSA says this and I supported his approval by the The critter had come in through the derelict amendment will not limit at all their Senate. plumbing that was in her office. Now, she, ability to accomplish what they want This would also require a quarterly with her typical good humor, laughed it off to accomplish there. report by the Attorney General regard- and said, as an ecologist, she found it bio- So if, in fact, $17.5 million is enough ing the costs and contracting proce- logically fascinating that sewer rats were to get it done, why would we object to dures related to each conference held able to come into the Commerce Depart- having more than that—if GSA says it by the Department of Justice. Why ment. is only going to pay $17.5 million, why should not everybody get to see that? We told her she couldn’t have a grant are we putting $22.5 million in it in the Why should not Americans, who are ac- to study it, but we wanted to do some- first place? tually paying for that, and their thing about the renovation. That is The example proves my point: Man- grandkids, such as this young lady in what we are—we want the best and the agement is lacking. With vigorous the photo, get to see it? Why should brightest to work in our government leadership and a vigorous, strong in- she not get to see that? This is agencies, and to come up with new spector general force that is funded at straightforward. We will have a vote on ideas such as in NOAA, to save the the same level of increase that we fund this amendment. I have learned my les- planet, to do the necessary scientific the government, as far as percentage of son on not getting them accepted. research to save fisheries. In that case, increases, we could hope to accomplish When they go to conference, we still it would have influenced the economy that. hide it from the American people. So of my State tremendously. We cannot AMENDMENT NO. 2631 we will have a vote on this amendment minimize the need to refurbish that I will move to my other amendment and see whether people want to hide building. Air pockets have been devel- No. 2631. I spent a lot of time talking what we are doing or want it exposed oping in the plumbing at the Depart- about this amendment before the fully to the American people. It is a ment of Commerce, and in order to get chairman came to the floor. I will not good government amendment. rid of the rats, you have to have reg- repeat everything I said, but I will dis- We also have a request for a report ular flushes. This is not a laughing cuss the question of priorities. that the Secretary, within 120 days of matter. It sounds like a laughing mat- I have a great respect for a lot of enactment of this act, shall report to ter, but I want to be able to go forward what the National Science Foundation the Committee on Appropriations that to modernize the Commerce Depart- does. I have very little respect for their audits and evaluates all decision document, working with the Secretary, and grants for political science as a ments and expenditures by the Bureau continue our vigorous oversight. Let’s science. Part of that is because I think of Census as it relates to the 2010 cen- modernize the building. I hope we can it is low on the priority of where they sus. Why just the Senators on the Ap- defeat that amendment. should be spending money when we can propriations Committee? Why not the There is an amendment that the Sen- create things through NSF to save American people? Why should they not ator from Oklahoma has offered that lives and also because of some of the see that? requires more transparency in our re- grants that have been spent and put The other thing it will do is allow us ports to Congress. I think that is a out there. to conduct better oversight. The com- good idea. Again, discussing this with I will review a few of those over a mittee chairman—I have great regard my colleague, Senator SHELBY, we both short period of time and then will yield for the Senator from Maryland, be- think it is a good idea. If the Senator the floor to my colleague, the chair- cause I think she does care about over- from Oklahoma will concur—because I man of this subcommittee. sight. I cannot say that about all of our am for transparency and I believe we How do you back up the fact that the colleagues on the Appropriations Com- cannot have enough of it so that the National Science Foundation gives a

VerDate Nov 24 2008 02:33 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.028 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10346 CONGRESSIONAL RECORD — SENATE October 13, 2009 grant for political science—here is the somebody can sit in an office and pon- an $8 million—and it is not a lot of question asked: Why do political can- tificate and you can see the same an- money—but an $8 million agreement to didates make vague statements and swer—all you have to do is look at the fund 17 projects, where they are going what are the consequences? In the news shows and you get the same an- to be studying things such as authori- realm of science, being a physician, swers. tarian regimes, terrorist organizations, being trained in the sciences, first of The PRESIDING OFFICER. The Sen- the impact on religious and cultural all, it is a question to which we already ator’s time has expired. change, and how maybe they could know the answer. We know why politi- Mr. COBURN. I make an inquiry of avoid us being blown up. If one of those cians make vague statements. Because the Chair. Do we have a limit on time studies helps one policymaker make they don’t want to get pinned down. for debate? one decision to save one marine, I But most important, they want to get The PRESIDING OFFICER. The time think it is worth the 8 million bucks, reelected or elected. For us to send from 4:30 p.m. to 5:30 p.m. is evenly di- and I am willing to put it in the Fed- money to study something that stupid, vided. eral budget. that low on priorities is beyond me. Mr. COBURN. I understand. I yield I will be happy to yield for a ques- Or why are people for or against mili- the floor. tion. tary conflicts? Do we need that science The PRESIDING OFFICER. The Sen- Mr. COBURN. Mr. President, will the to tell us so that the next time we are ator from Maryland. Senator agree that the Defense Depart- in a military conflict we go out and Ms. MIKULSKI. Mr. President, for a ment funds all sorts of research in all manipulate the American people or do point of clarification, the time of the sorts of scientific areas, and they don’t we have military conflicts based on the Senator from Oklahoma has expired necessarily do that on the predicate— national defense and security interests and how much time do I have? they do it on the basis of what their of this country, even when there are The PRESIDING OFFICER. There is need is. There is a very big difference, political consequences to it? 221⁄2 minutes. does the Senator agree, between the so- The real world would never fund such Ms. MIKULSKI. Mr. President, I cial sciences and political science? stupidness. They would never allow would like to speak on these amend- Ms. MIKULSKI. Will the Senator millions and millions of dollars every ments for as much time as I may con- from Oklahoma agree that political year to be spent on silly things to help sume, and then if there is some remain- science is one of the branches of social politicians understand why they spin ing time, perhaps we could, in the in- science? Mr. COBURN. Sure, and I am only or why they do not answer questions or terest of comity, share some time. As I targeting with my amendment polit- why people might be for or against understand it, there is a vote scheduled ical science, not social sciences, if the war. It is pretty easy to figure out. at 5:30. Or studying how Medicare reform af- The PRESIDING OFFICER. The Sen- Senator reads my amendment. Ms. MIKULSKI. Within these DOD fects seniors’ political views. That is ator is correct. grants, I am not sure which ones are pretty easy: If it hurts me, I am ‘‘agin’’ Ms. MIKULSKI. Mr. President, before sociology, anthropology or political it; if it helps me, I am for it. Yet we the Senator leaves, I wish to give him science because it is in that one direc- spend hundreds of thousands of dollars two punch lines. First of all, I know he torate. doesn’t think much of political science. paying for grants, through the Na- Mr. COBURN. I thank the chairman He made that clear. But I wish to bring tional Science Foundation, to univer- for allowing me to ask a question. sities that have billions and billions of to his attention that Dr. Elinor Ms. MIKULSKI. Mr. President, I op- dollars in endowments. As a matter of Ostrom, who just won the Nobel Prize pose, as you can see, the amendment of fact, Tufts University has billions in for Economics, is a political scientist. the Senator from Oklahoma. He wants endowments. They charge their stu- She received most of her funding to eliminate $9 million from the polit- dents $40,000 a year in tuition alone. through the National Science Founda- ical science program at the National They are the recipients of some of this tion—28 grant awards since 1974. Those Science Foundation. I don’t like tar- grant work, and they are the ones grants helped her lay the groundwork geting an individual science area. squawking the loudest. for winning the Nobel Prize. She is a Today it might be political science. So here we have an entitled class of political scientist, but she used that Another Senator might target biology. professors in political science who now talent to win the prize. I will elaborate Remember how we stifled science don’t want their gravy train taken on that. I am a big fan of her work. under the gag rules and gag guidelines away when I say right now there is no The other point I wish to bring to the of stem cell research? way this can be a priority for this Senator’s attention is that the Na- Also, I don’t like trivializing aca- country with the debt we have and the tional Science Foundation has an $8 demic research and academics, that economic situation we have. It cannot million agreement with DOD in their somehow or another there is worth- be as important as a multitude of other Social Science Department on the so- while science and then there are others things for this young lady. It cannot cial science dimensions of national se- that can be minimized or trivialized. be. curity, conflicts, and cooperation. First, I remind everyone about the I do not have any illusions about DOD, under its Minerva initiative, has work of the National Science Founda- what is going to happen to this amend- joined with the National Science Foun- tion. The NSF has received bipartisan ment. I know the appropriators reign dation because they want academic re- support, and in rising above the gath- supreme. What I am hoping is that the searchers involved in studying authori- ering storm, the National Academy of American people ultimately reign su- tarian regimes, the strategic impact of Sciences pointed out that the National preme. So as we vote to vote down this religious and cultural change, terrorist Science Foundation is one of our lead amendment or they vote to table this organizations, and other new dimen- agencies in promoting innovation amendment so they do not have to di- sions in social security. I will describe through its research and its education rectly vote on the amendment, one has those grants in detail. programs. to walk back and say: What is going on Mr. COBURN. Will the Senator yield This bill also supports the funding in Washington that you will not clean for a question? for the Directorate for Social, Behavior up the excesses in a time of great na- Ms. MIKULSKI. In a minute. What I and Economic Science. That is the one, tional distress? We will not and we wish to make clear is that the National which I talked about with the Senator haven’t, and that is why we have a Science Foundation has helped fund from Oklahoma, which oversees the po- giant increase from last year and this the work that laid the groundwork for litical science office. This directorate’s year. We entered the recession in 2007, a talented person to win not only the mission is to use basic research to un- remember? That is why we borrowed 43 Nobel Prize but to come up with the derstand human and institutional be- cents out of every $1 we spent this year kind of ideas where maybe we could havior vital to rebuilding our national because we will not make these hard, win markets and jobs. The Department infrastructure and understanding how tough choices about why politicians of Defense thought enough of the Na- we operate as a society. are vague, while we continue to spend tional Science Foundation’s Social This program began in 1962, and over millions and millions of dollars so Science Department to come up with the years, it has also included an open,

VerDate Nov 24 2008 02:33 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.030 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10347 transparent relationship with the De- weekly report on Federal technology, which represented the first agreement be- partment of Defense. This is not black- science, and policy areas. tween the two countries following normal- box research. This is out-of-the-box re- Mr. President, I ask unanimous con- ization of relations in the 1970s. ‘‘By working together, the US and China search so maybe we could figure out sent to have printed in the RECORD the can leverage technological breakthroughs, our world better and deal with conflict article from which I am going to quote. increase consumer acceptance and grow mar- resolution or when we are in a conflict, There being no objection, the mate- ket penetration of clean vehicles,’’ said how we can work with other people rial was ordered to be printed in the White House counselor for energy and cli- around the world and build democratic RECORD, as follows: mate change Jody Freeman, who was a societies and democratic institutions. [From the Federal Technology Watch, Oct. 9, speaker at the forum. In recent news, we also were awak- 2009] NSF–DOD PROJECTS FUNDED ened with great pride that two Amer- NSF FINDS DECLINING FEDERAL SUPPORT OF $8-million has been awarded to 17 projects ican women won the Nobel Prize. One ACADEMIC R&D by the National Science Foundation (NSF) is Dr. Greider, in my home State of US universities reported science and engi- under a joint NSF/Department of Defense Maryland at Johns Hopkins. I talked neering r&d expenditures of $51.9-billion in (DOD) solicitation. with Dr. Greider the other day. Wow, FY08, according to a new National Science The competition, Social and Behavioral Foundation (NSF) report released Oct. 2. Dimensions of National Security, Conflict what a great American scientist. She and Cooperation, is focused on basic social answered her own phone. She was going However, the preliminary findings of NSF’s Survey of Research and Development Ex- and behavioral science of strategic impor- to join her daughter at a soccer game penditures at Universities and Colleges are tance to US national security policy, as part right after she had gotten the call from that federal funding decreased as a share of of the DOD’s Minerva Initiative launched in Stockholm. As we talked about her the academic r&d total, from 64% in FY05 to 2008. groundbreaking research in microbi- 60% in FY08. Despite this drop, the federal Four topic areas that address the needs of ology, she said she was able to do her government retains its traditional role as national security policymakers and the work because of the grants she had re- the largest source of academic r&d funding. ideals of open academic basic research were The FY08 survey data showed an increase determined jointly by DOD and NSF for the ceived through the National Institutes solicitation. They are: authoritarian re- of Health. They had helped her get her in federally funded expenditures of 2.5% in current dollars, reaching $31.2-billion. After gimes, the strategic impact of religious and education, and they had helped her do adjusting for inflation, this is a 0.2% in- cultural change, terrorist organizations and her research. They helped her to win crease from FY07 and follows two years of ideologies, and new dimensions in national the Nobel Prize. But for herself, she real declines since FY05. security. thought the prize would be a tribute to Other statistical notes from the NSF re- These proposals were funded under the 2009 what her work was in microbiology port include: competition: —Status, manipulating group threats, and that could lead to saving lives. —Combined sources of non-federal funding grew 8.3% during FY08; conflict within and between groups: Patrick We also had another woman win the Barclay (Univ. of Guelph) & Stephen Bernard Nobel Prize—Dr. Elinor Ostrom. Her —State and local government funding of r&d expenditures grew in FY08 8.8%, increas- (Indiana Univ.); training is in political science. She ing to $3.4-billion from $3.1-billion in FY07; —Behavioral insights into national secu- won the Nobel Prize for economics. She —Industry funding of academic r&d grew rity issues: Rachel Croson (UT Dallas) & is the first woman ever to win the prize 7.1% to $2.9-billion in FY08; Charles Holt (Univ. of Virginia); for economics—an American woman. —Funding from academic institutions in- —Experimental analysis of alternative Although not in the Congress, she has creased 7% to $10.4-billion in FY08. models of conflict bargaining: Wiilliam Reed (William Marsh Rice Univ.), Charles Holt received several political science Also, r&d funds for joint projects that were passed through primary university recipients (Univ. of Virginia), Timothy Nordstrom grants from NSF because political to other university sub-recipients almost (Univ. of Mississippi), and David Clark science also looks at institutions which doubled from FY00 to FY08, growing from (State Univ. of New York—Binghamton); also have an impact on our economy. $700-million to $1.4-billion in constant 2000 —Terror, conflict processes, organizations, Since 1974, Dr. Ostrom has received dollars. The current dollar amount of $1.7- and ideologies: Completing the picture: Ste- over 20 grants, and these grants helped billion represents 3.3% of total academic r&d phen Shellman (College of William & Mary), her do her fieldwork all over the world expenditures in FY08, compared with 2.3% of Remco Chang (Univ. of North Carolina— the total in FY00. Charlotte), Michael Covington (Univ. of in relationship to the economic activ- Georgia), Joseph Young (Southern Illinois ity of people and communities. The InfoBrief 09–318, written by NSF analyst Ronda Britt of the r&d statistics program, is Univ.—Carbondale), & Michael Findley Royal Swedish Academy of Sciences available at: —How politics inside dictatorships affects regime stability and international conflict: her the Nobel Prize. But long before ELECTRIC VEHICLE FORUM Barbara Geddes (UCLA) & Joseph Wright they heard of her in Stockholm, the The first-ever US-China Electric Vehicle National Science Foundation had heard (Pennsylvania State Univ.); Forum was held last week in Beijing, China. —Mapping terrorist organizations: Martha of her and helped her with her award- Attended by over 140 US and Chinese offi- Crenshaw (Stanford Univ.); winning research. cials from government, industry, academia —People, power, and conflict in the Eur- We have to keep this going. Our Na- and advocacy groups, the forum discussed asian migration system: Cynthia Buckley tional Science Foundation and our progress made in the electric vehicle indus- (UT Austin); other scientific institutions must go try and opportunities for future collabora- —Strategies of violence, tools of peace, and where no thought has gone before. tion. changes in war termination: Virginia Fortna The event, co-hosted by Department of En- (Columbia Univ.); That is the point of discovery. Dis- ergy (DOE) assistant secretary for policy and covery has led to innovation. Innova- —Avoiding water wars: Environmental se- international affairs David Sandalow and curity through river treaty institutionaliza- tion leads to the new ideas that lead to Chinese Science & Technology Minister Wan tion: Jaroslav Tir (Univ. of Georgia); the new jobs in our society. A society Gang, highlighted the rapidly growing elec- —Predicting the nature of conflict—an ev- that doesn’t innovate stagnates. And tric vehicle industry in both countries. olutionary analysis of the tactical choice: innovation comes not only in engineer- ‘‘The US and China share a strong common Laura Razzolini (Virginia Commonwealth ing, though much needed; it doesn’t interest in putting millions of electric vehi- Univ.) & Atin Basuchoudhary (Virginia Mili- only come in physics, though much de- cles on the road soon, which will lessen our tary Institute); dependence on foreign oil and help address sired; it doesn’t come only in medicine, —Fighting and bargaining over political the global climate challenge,’’ Sandalow said power in weak states: Robert Powell (UC in the biological research, though Sept. 29. ‘‘Working together, we can accom- Berkeley); much revered; a lot of this is the basic plish more than acting alone.’’ —Political economy of terrorism and in- social sciences. America and China are the two largest surgency (workshop): Eli Berman (UC San As I said to the Senator from Okla- auto markets and energy consumers, and to- Diego); homa, for the last 8 years there has gether emit over 40% of the world’s green- —Substantive expertise, strategic analysis been a relationship between DOD and house gases. The forum offered a venue for and behavioral foundations of terrorism the National Science Foundation— experts to exchange views on recent electric (workshop): Rachel Croson (UT Dallas); vehicle developments and identify promising —New armies from old: Merging competing again, in open, transparent research. opportunities for technical and policy col- military forces after civil wars (workshop): And here, I am quoting from the ‘‘Fed- laboration. Roy Licklider (Rutgers Univ.); eral Technology Watch,’’ October 6, This year is the 30th anniversary of the —Engaging intensely adversarial states: 2009. ‘‘Federal Technology Watch’’ is a US-China Science & Technology Agreement, The strategic limits and potential of public

VerDate Nov 24 2008 03:13 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.029 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10348 CONGRESSIONAL RECORD — SENATE October 13, 2009 diplomacy in US national security policy: Science Foundation), President’s Export entities and the private sector—to work to- Geoffrey Wiseman (Univ. of Southern Cali- Council, E.O. 12131, as amended (Commerce gether to protect our networks and strength- fornia); Dept.), President’s National Security Tele- en our cyber resiliency,’’ Homeland Security —Deciphering civil conflict in the Middle communications Advisory Committee, E.O. Secretary Janet Napolitano said Oct.1 at the East: J. Craig Jenkins (Ohio State Univ.); 12382, as amended (Department of Homeland launch of National Cybersecurity Awareness and Security), and the Trade and Environment Month. ‘‘This new hiring authority will en- —Modeling discourse and social dynamics Policy Advisory Committee, E.O. 12905 (Of- able [us] to recruit the best cyber analysts, in authoritarian regimes: Jeff Hancock (Cor- fice of the US Trade Representative). developers and engineers in the world to nell Univ.), Arthur Graesser (Univ. of Mem- E.O. 13511 took effect Sept. 30 2009. serve their country by leading the nation’s phis) & David Beaver (UT Austin). US-RUSSIAN NUCLEAR TALKS defenses against cyber threats.’’ DOD partnered with NSF to reach the Deputy Energy Secretary Daniel Poneman A collaboration between DHS, the Office of broadest range of academic, social and be- and Russia’s State Atomic Energy Corpora- Personnel Management (OPM) and Office of havioral science, and this collaboration com- tion’s (Rosatom) director general Sergei Management and Budget (OMB), the new au- bines the insights of DOD with the peer re- Kiriyenko held the first meetings of the thority allows DHS to fill up to 1,000 critical view expertise of NSF in support of the agen- joint US-Russian Nuclear Energy and Nu- cybersecurity staff positions over three cies’ desire to promote basic social and be- clear Security Working Group last week. years across all of its components. These havioral scientific research in areas that will The Sept. 28–29 meetings opened with a ses- roles include cyber risk & strategic analysis, benefit the US. sion hosted by Energy Secretary Steven Chu, cyber incident response, vulnerability detec- EPA’S NANOTECH STRATEGY who met with director general Kiriyenko and tion & assessment, intelligence & investiga- A new research strategy to understand bet- deputy secretary Poneman to discuss a num- tion, and network & systems engineering. ter how manufactured nanomaterials may ber of issues, including the two countries’ But DHS doesn’t anticipate needing to fill harm human health and the environment mutual work securing vulnerable nuclear all the posts. was outlined by the Environmental Protec- materials, efforts to increase cooperation on The announcement was made by Secretary tion Agency (EPA) on Sept. 29. civil nuclear technologies, and cooperation Napolitano at a National Cybersecurity The strategy describes what research EPA on other nuclear security issues. Awareness Month ceremony with Deputy De- will support over the next several years to ‘‘The US and Russia have a long and suc- fense Secretary William Lynn III and White generate information about safe use of nano- cessful track record of cooperation in the House national security staff acting senior technology and products that contain nano- area of nuclear security,’’ said Poneman. director for cybersecurity Chris Painter. scale materials. It also includes research ‘‘These meetings and our visits to Oak Ridge For National Cybersecurity Awareness into ways nanotechnology can be used to National Laboratory and the Y–12 National Month details, visit: clean up toxic chemicals in the environment. Security Complex demonstrate how seriously our countries take our shared responsi- Nanomaterials are between one and 100 SBA AWARDS PRIME GRANTS nanometers and used in hundreds of con- bility to promote peaceful uses of nuclear energy while combating nuclear dangers. I The Small Business Administration (SBA) sumer products, including sunscreen, cos- announced Oct. 2 that 58 non-profit organiza- metics and sports equipment. The unusual look forward to continuing this record by expanding our cooperation in fulfillment of our tions from 32 states and the District of Co- light-absorbing properties of zinc or tita- lumbia are to receive grant funding under nium nanoparticles make high-SPF nano presidents’ joint statement.’’ The meetings, which ended with a plenary the Program for Investment in Microentre- sunscreens clear rather than white and stud- session co-chaired by Poneman and preneurs Act (PRIME) to assist low-income ies have shown that they provide superior Kiriyenko, were the first since the working and very low-income entrepreneurs with protection against UV radiation. group was established under the US-Russia training and technical assistance to start, Part of EPA’s role among federal agencies Bilateral Presidential Commission during operate, and grow their businesses. is to determine the potential hazards of the July 2009 Presidential Summit. The Nu- ‘‘SBA remains committed to helping small nanotechnology and develop approaches to clear Energy and Nuclear Security Working businesses start, grow and succeed, and reduce or minimize any risks identified. As Group is co-chaired by Poneman and PRIME is one of our many tools for doing part of the strategy, EPA researchers are in- Kiriyenko. In addition to talks in Wash- this,’’ SBA administrator Karen Mills said vestigating widely-used nanomaterials, such ington DC, the meetings included a visit by last week. ‘‘Thanks to larger funding this as the carbon nanotubes used in vehicles, director general Kiriyenko and Poneman to year, we were able to provide grant dollars sports equipment and electronics, and tita- the National Nuclear Security Administra- to more recipients across more states. These nium dioxide used in paints, cosmetics and tion’s Y–12 National Security Complex and grant recipients are on the front line of help- sunscreens. Oak Ridge National Laboratory (ORNL) in ing entrepreneurs in particularly under- The research, being conducted in EPA’s Oak Ridge, Tenn. served communities with critical tools to own laboratories and by grant recipients as ‘‘This visit is devoted to an in-depth dis- help them maximize the potential of their part of a collaborative effort with other fed- cussion of the issues of nuclear energy and businesses, create jobs and help strengthen eral agencies and the international commu- nuclear security as stipulated by the man- the local economy.’’ nity, uses a multi-disciplinary approach that date from the presidents of the Russian Fed- The competition for PRIME grants was examines all aspects of nanomaterials in the eration and the US,’’ said Kiriyenko. ‘‘We’re open to applicants in all 50 states and the US environment, from their manufacture and looking forward to the expansion of our bi- territories, and SBA received over 400 appli- use to their disposal or recycling. lateral cooperation on these issues.’’ cations. SBA last year funded 35 grants in 12 EPA’s new nanotech web site offers details After their meeting with Secretary Chu, states on a non-competitive basis. about the research: visit ORNL and Y–12, where they watched a establish management and technical assist- PRESIDENT EXTENDS PCAST joint nuclear security training exercise. At ance, access to capital and other forms of fi- On Sept. 29, President Barack Obama Y–12, Poneman and Kiriyenko discussed nu- nancial assistance, and business training and signed Executive Order (E.O.) 13511, which clear materials management issues and counseling through qualified organizations extended terms of several federal advisory toured the recently completed Highly En- to small businesses with five or fewer em- committees including the President’s Coun- riched Uranium Materials Facility. During ployees who are economically disadvantaged, cil of Advisors on Science and Technology their ORNL visit, Kiriyenko and Poneman and businesses owned by low-income individ- (PCAST), E.O. 13226, as amended (Office of received a briefing at the Radiochemical En- uals, including those on Indian reservations S&T Policy), until Sept. 30 2011. gineering Development Center and the Spall- and tribal lands. Other committees whose terms are ex- ation Neutron Source. The grant funding received will be used to tended include the following: Committee for As a result of the meeting, a joint action provide training and technical assistance to the Preservation of the White House, E.O. plan was formulated by the working group disadvantaged microentrepreneurs, supply 11145, as amended (Interior Dept.); National and will be forwarded to President Obama capacity building services to organizations Infrastructure Advisory Council; E.O. 13231, and President Medvedev through Secretary that assist with microenterprise training as amended (Department of Homeland Secu- of State Hillary Clinton and Russian Foreign and services, and aid in researching and de- rity); Federal Advisory Council on Occupa- Minister Sergey Lavrov. Secretary Clinton veloping best practices in the field of micro- tional Safety and Health, E.O. 12196, as and Foreign Minister Lavrov serve as the Bi- enterprise development and technical assist- amended (Labor Dept.), President’s Board of lateral Commission Coordinators. ance programs for disadvantaged micro-en- Advisors on Historically Black Colleges and DHS CYBER HIRES AUTHORITY trepreneurs. Universities, E.O. 13256 (Education Dept.), The Department of Homeland Security This year’s total program funding amounts President’s Board of Advisors on Tribal Col- (DHS) has received new authority to recruit to $5 million with grants ranging in size up leges and Universities, E.O. 13270 (Education and hire cybersecurity professionals over the to $250,000 with a 50% match required of the Dept.), President’s Commission on White next three years to help the agency meet its recipient. PRIME grants are open to micro- House Fellowships, E.O. 11183, as amended broad mission to protect the nation’s cyber entrepreneur training and technical assist- (Office of Personnel Management), Presi- infrastructure, systems and networks. ance providers in all 50 states and US terri- dent’s Committee on the National Medal of ‘‘Effective cybersecurity requires all part- tories. They have a one-year performance pe- Science, E.O. 11287, as amended (National ners—individuals, communities, government riod, with four 12-month options.

VerDate Nov 24 2008 04:29 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.015 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10349 2009 PRIME grant recipients are at: This year they are also supplying compost ‘‘NIMH is pleased to partner with NHGRI new program for creating a community gar- study with funding through the American US-ITALY NUCLEAR R&D PACT den at each USDA facility, as well as for Recovery and Reinvestment Act,’’ said NIMH Two important nuclear energy agreements landscaping at the US Botanic Garden and director Dr Thomas Insel. ‘‘These sophisti- that could lead to construction of new nu- the Capitol. cated genetic models will provide new oppor- clear power plants and improved cooperation Millner also makes compost available for tunities to accelerate the pace of scientific on advanced nuclear energy systems and fuel other federal ‘green’ projects, including roof discovery and to make progress toward un- cycle technologies in both countries were gardens, rain gardens and other landscaping derstanding how genes shape behavior.’’ signed by Energy Secretary Steven Chu and designs, to retain water and reduce runoff at NHGRI and NIMH are both part of the Na- Italian Minister for Economic Development federal sites in the Washington DC metro- tional Institutes of Health (NIH). Launched Claudio Scajola on Sept. 30. politan area. in 2001 by NHGRI, the Centers of Excellence The US-Italy Joint Declaration Concerning As part of her efforts to help the federal in Genomic Science program assembles Industrial and Commercial Cooperation in government model ways to compost food interdisciplinary teams dedicated to making the Nuclear Energy Sector, which was signed scraps, Millner has a cooperative r&d agree- critical advances in genomic research. on behalf of the US by Energy Secretary Chu ment (CRADA) with RCM LLC of Maryland The new center, to be co-led by Medical and Commerce Deputy Secretary Dennis to capture ammonia in the final compost to College of Wisconsin and Univ. of Wisconsin- Hightower, affirms the strong interest of the boost its nitrogen content for fertilizer use. Madison will receive about $8-million over US and Italy to encourage their respective She is now comparing several types of insu- three years. The new center at Univ. of nuclear industries to seek opportunities for lated composting containers for greenhouse North Carolina, Chapel Hill will receive construction of new nuclear power plants. gas emission reduction and other cost-ben- about $8.6-million over five years. The exist- ‘‘The agreements reached today reflect our efit characteristics. ing center at Univ. of Southern California, About half of the carbon and nitrogen in vision for strong partnerships with nations Los Angeles will receive about $12-million composting materials is lost to the air, rath- around the world to help address our shared over five years and the existing center at er than being captured in the compost. climate and energy challenges,’’ said Sec- Johns Hopkins Univ. in Baltimore will get retary Chu. ‘‘Nuclear power will play a key NIH 115 HIGH-RISK AWARDS about $16.8-million over five years. role in the production of low-carbon energy A total of 115 awards for $348–million to en- Funding to all four centers will be provided in the years and decades to come, and we courage investigators to explore bold ideas by NHGRI. The first two years of the Univ. look forward to working with Italy and the with potential to catapult fields forward and of North Carolina center will be funded by US private sector to advance these impor- accelerate the translation of research into NIMH, which will contribute about $6-mil- tant technologies.’’ improved health were announced by the Na- lion through the American Recovery and Re- ‘‘Clean and efficient energy technologies, tional Institutes of Health (NIH). investment Act (ARRA). In addition, NIMH including nuclear power, will be a corner- ‘‘The appeal of the Pioneer, New Inno- will provide about $1.7-million, in non-ARRA stone of a vibrant and prosperous 21st cen- vator, and now the T–R01 programs, is that funds, of the total funding awarded to the tury economy,’’ added deputy secretary investigators are encouraged to challenge Johns Hopkins center. Hightower. ‘‘American companies can offer the status quo with innovative ideas, while More information about the program is at: Italy world-class nuclear energy solutions being given the necessary resources to test while strengthening our own domestic indus- them,’’ NIH director Dr Francis Collins said NSF PLANS CPATH SURVEY try.’’ Sept. 24. ‘‘The fact that we continue to re- A bilateral Agreement on Cooperation in ceive such strong proposals for funding The National Science Foundation (NSF) Civilian Nuclear Energy Research and Devel- through the programs reflects the wealth of plans a one-year data collection for its Revi- opment was also signed by Energy Secretary creative ideas in science today.’’ talizing Computing Pathways (CPATH) in Chu and Minister Scajola, which will facili- The NIH High-Risk Research awards are Undergraduate Education Program Evalua- tate cooperation between DOE and Italy’s granted under three research programs sup- tion. Ministry for Economic Development in ad- ported by its Common Fund Roadmap for Established by NSF’s Computer & Informa- vanced nuclear energy systems and associ- Medical Research: the NIH director’s Trans- tion Science & Engineering (CISE) direc- ated fuel cycle technologies. Both nations formative RO1 (T–R01) awards, Pioneer torate, CPATH is aimed toward preparing a will collaborate in r&d of advanced tech- awards, and New Innovator awards. US workforce with computing competencies nologies to improve the cost, safety, and pro- Enacted by Congress through the 2006 NIH and skills imperative to the nation’s health, liferation-resistance of nuclear power. Reform Act, the Common Fund supports security, and prosperity in the 21st century. The agreement will also expand efforts to cross-cutting, trans-NIH programs with a This workforce includes a cadre of com- promote and maintain nuclear science and special emphasis on innovation and risk tak- puting professionals prepared to contribute engineering infrastructure and expertise in ing. Part of the New Innovator Awards ($23- to sustained US leadership in computing in a each country. million) is supported by American Recovery wide range of application domains and career Italy will be a key partner in building and Reinvestment Act funding. fields, and a broader professional workforce international consensus and momentum on NIH this year is granting 42 T–R01 awards, with knowledge and understanding of crit- shared nuclear energy and nonproliferation 18 Pioneer awards, and 55 New Innovator ical computing concepts, methodologies, and agenda, and US energy officials look forward awards for early-stage investigators, and ex- techniques. to working with their Italian counterparts pects to make competing awards of $30-mil- To achieve this vision, CPATH calls for at the Nuclear Security Summit in April lion to T–R01 awardees, $13.5-million to Pio- colleges and universities to work together 2010. neer awardees, and about $131-million to New and with other stakeholders (industry, pro- ARS FOOD WASTE PROJECT Innovators in FY09. Total funding provided fessional societies, and others) to formulate Food scraps are collected every weekday to this effort over a five-year period is esti- and implement plans to revitalize under- from the Maryland Food Distribution Au- mated at $348-million. graduate computing education in the US. thority in Jessup, Md., and from small local More details on the T–R01 award are at: Full engagement of faculty and other indi- food service and marketing establishments viduals in CISE disciplines will be critical to and trucked to the Agricultural Research Details of the Pioneer award are at: success. Service (ARS) Henry Wallace Beltsville Agri- Successful CPATH projects will be sys- cultural Research Center (BARC) in Belts- Information on the New Innovator award is temic in nature, address a broad range of ville, Md. at: tribute to the transformation and revitaliza- tic are then are mixed with woodchips, NHGRI, NIMH GRANTS tion of undergraduate computing education leaves and other organic residuals, and sev- Grants expected to total $45-million were on a national-scale. Qualitative data collec- eral months later some of the finished com- announced last week by the National Human tion of this program evaluation will docu- post is delivered to the National Mall in Genome Research Institute (NHGRI) and Na- ment CPATH program strategies used in in- Washington DC to be used in gardens at the tional Institute of Mental Health (NIMH) to fusing computational thinking across dif- Department of Agriculture’s (USDA) Jamie establish new Centers of Excellence in ferent contexts and disciplines, examine de- Whitten Federal Building. Genomic Science in Wisconsin and North velopment of communities of practitioners This unusual operation is part of research Carolina, as well as to continue support of and dissemination of best practices around by ARS microbiologist Patricia Millner with existing centers in Maryland and California. computational thinking, and analyze pre- the BARC Environmental Microbial and ‘‘Our aim is to foster the formation of in- liminary evidence for how the CPATH pro- Food Safety Lab on ways to reduce the re- novative research teams that will develop gram is preparing students for career options lease of methane from landfills by diverting genomic tools and technologies that help to in the STEM workforce. food residuals and other organic materials to advance human health,’’ NHGRI acting di- Five major questions will guide this pro- composting. She conducts this research with rector Dr Alan Guttmacher said Sept. 28. gram evaluation: How is CPATH infusing microbiologist Walter Mulbry of BARC’s En- ‘‘Each of these centers is in a position to computational thinking in a range of dis- vironmental Management and Byproduct tackle some of the most challenging ques- ciplines serving undergraduate education? Utilization Lab. tions facing biology today.’’ What evidence is there that university and

VerDate Nov 24 2008 04:29 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.018 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10350 CONGRESSIONAL RECORD — SENATE October 13, 2009 community college departments and faculty support for core public health missions; and —3. Light machine gun & medium machine are integrating computational thinking into just-in-time delivery of dynamically main- gun cradle [AARDEC]: This cradle provides a their courses? How are undergraduate stu- tained public health knowledge. more stable and accurate firing platform and dents benefitting from their participation in Five previously-funded centers have be- reliable, twist-free ammunition feeding re- CPATH projects? What evidence is there that come national leaders in public health gardless of weapon orientation; CPATH is developing communities of practi- informatics. According to CDC officials, —4. Overhead cover for objective gunner tioners that share best practices regularly their academic productivity has been im- protection kit [AARDEC]: An integrated across different contexts and disciplinary pressive, generating over 85 peer reviewed armor/ballistic glass system mounted onto boundaries? How is CPATH promoting sus- publications, 153 presentations at national the objective gunner protection kit of tac- tainable multi-sector partnerships that rep- meetings, and more than 100 posters and ab- tical and armored vehicles, it provides an en- resent a broad range of stakeholders (e.g., in- stracts. They have also made contributions hanced 360 degree ballistic protection for dustry, higher education, K12) and con- to strategic national activities. gunners while retaining visibility for situa- tribute to workforce development supporting STATE R&D ACTIVITY SURVEY tional awareness; continued US leadership in innovation? The US Census Bureau plans to continue to —5. Enhanced mobile rapid aerostat initial NSF will seek answers to these questions conduct the Survey of State Research and deployment vehicle [Army Aviation and Mis- through use of mixed evaluation methods in- Development Expenditures in order to meas- sile Research, Development & Engineering cluding document analyses, site visit inter- ure r&d supported and performed by state Center]: This system combines multiple in- views, and telephone interviews with se- governments in the US. telligence, surveillance, and reconnaissance lected CPATH grant participants including This survey, a joint effort between Census capabilities onto a single, integrated plat- principal investigators, staff, faculty, admin- Bureau and the National Science Foundation form; istrators, students, and external partners. (NSF), is sponsored by NSF, which has a —6. Whisper [Army Communications— Participation in program evaluations is statutory charge to provide a central clear- Electronics Research, Development & Engi- mandatory for all CPATH awardees. inghouse for the collection, interpretation, neering Center]: The system’s passive detec- After considering public continent, NSF and analysis of data on s&e resources, and to tion capability can be used to detect enemy will request that OMB approve clearance of provide a source of information for policy radio-controlled improvised explosive device this one-time collection [OMB No. 3145–NEW] formulation by other federal agencies. (IED) threats; for no longer than one year. Under this legislative mandate, NSF has —7. Combat gauze for treating hemorrhage NSF estimates about 200 respondents (indi- sponsored surveys of r&d since 1953, includ- in injured soldiers [Army Institute of Sur- viduals) will take part in the survey and ing the Survey of Industrial Research and gical Research]: Hemorrhages account for take an average of 1 1⁄2-hours per response. Development and the Survey of State Re- 50% of deaths among combat casualties and For more details, contact Suzanne search and Development Expenditures. many of these deaths are potentially pre- Plimpton at (703) 292–7556; [email protected]. The survey form includes items on r&d ex- ventable with prompt and effective treat- penditures by source of funding, by per- CDC AWARDS CENTER GRANTS ment. This large-sized flexible roll of non- former (internal and external to state agen- woven medical gauze, impregnated with ka- Award of $4.37-million in competitive cies), and by character (basic, applied, or de- olin, a clotting agent, can be used to treat grants to enhance health care information velopmental), and the final results produced severe external bleeding, especially where a management and improve detection and re- by NSF contain state and national estimates tourniquet can’t be applied. It has also been sponse to emerging public health threats was useful for a variety of data users interested proposed to treat deep bleeding at the end of announced Sept. 25 by the Centers for Dis- in r&d and development performance. These a long wound tract; ease Control and Prevention (CDC). include the National Science Board, the Of- —8. Mine-resistant ambush-protected The CDC grants will fund four new Centers fice of Management & Budget, and the Office armor weight reduction spiral program of Excellence in Public Health Informatics of S&T Policy, as well as other science pol- [Army Research Lab]: This program enabled at Harvard Pilgrim Health Care, Indiana icy makers, institutional researchers and Army to meet MRAP program protection re- Univ., Univ. of Pittsburgh, and Univ. of private organizations. quirements for a high priority, anti-armor, Utah. All data are collected electronically via a IED threat, and its goal was to introduce ‘‘These centers will advance the study and web-based form, and the 500 or so state gov- lightweight composites, new materials, and practice of public health informatics ernment agencies surveyed will be assisted enhanced ballistic mechanisms to reduce the through collaborative efforts among aca- during the collection period by central state added weight of final armor packages. demic public health experts, local and state coordinators. —9. Mine-resistant ambush-protected expe- public health departments, developing re- An estimated 52 state coordinators and 500 dient armor program add-on-armor kit gional health information organizations, and state agencies are expected to respond to the [Army Tank Automotive Research, Develop- other health and informatics professionals,’’ voluntary survey, with the time per response ment & Engineering Center (TARDEC)]: De- said CDC’s National Center for Public Health being four hours for every state coordinator veloped to safeguard soldiers against lethal Informatics acting director Dr Stephen 1 and 1 ⁄2 hours for every state agency. threats of IEDs and explosively formed Thacker. Comments on the proposed data collection penetrators, the armor uses armor physics, The overall purpose of the center of excel- [Form No. SRD–1] must be submitted by as opposed to armor mass, to defeat the lence initiative is to find strategies and tools Nov. 20 to Diana Hynek at [email protected]. threat. It has led to a 50% cut in weight, that increase the ability of health depart- For more information, contact Pamela while increasing the armor protection on all ments, physicians and other health care pro- Medwid at [email protected]. MRAP vehicles without sacrificing vehicle viders to promote health and prevent dis- ARMY’S TOP 10 INVENTIONS performance or payload; eases, injuries or disabilities. A common em- The US Army’s Top Ten Greatest Inven- —10. One system remote video terminal A- phasis will be translation of results into tions of 2008 were recognized during a Sept. kit [TARDEC]: An innovative modular video measurable public health impacts. 21 awards ceremony, attended by top Army and data system enabling soldiers to receive Each center of excellence will conduct two s&t officials including Army Materiel Com- remotely near-real-time surveillance image new projects that support national priorities mand (AMC) Commander Gen. Ann and geospatial data direct from tactical unin informatics; and support real-time bio- Dunwoody and Army Research, Development manned aerial vehicles and manned plat- surveillance for potential health threats & Engineering Command (ARDEC) Com- forms. through immediate access to data from hos- mander Maj. Gen. Paul Izzo, in Arlington, AMC is the Army’s premier provider of ma- pitals and health care systems in major met- Va. teriel readiness in the form of technology, ropolitan areas across the US. The annual awards program, which gets acquisition support, materiel development, The principal investigators, projects, and nominations from across the Army’s s&t logistics, power projection and sustainment overall goals of the centers are: community, aims to recognize the best tech- ... —Harvard Pilgrim Health Care, Boston, nology solutions for soldiers. This year’s Mass. (Dr Richard Platt & Dr Kenneth awards recognized the following inventions Ms. MIKULSKI. The quote is as fol- Mandl): Personally-controlled health records fielded by the Army during 2008: lows: and social networks; and electronic support —1. XM153 Common Remotely Operated $8 million has been awarded to 17 projects for public health: Diabetes Mellitus; Weapon Station (CROWS) [Army Armament by the NSF under a joint NSF/Department of —Indiana Univ., Indianapolis (Dr Shaun Research, Development & Engineering Cen- Defense solicitation. The competition, Social Grannis): Bringing public health to the point ter (AARDEC)]: Able to be mounted on a va- and Behavioral Dimensions of National Se- of care: Overcoming digital barriers; and en- riety of vehicles, this system offers the abil- curity, Conflict and Cooperation, is focused hancing basic infrastructure capabilities ity to aim and fire remotely a suite of crew- on basic social and behavioral science of that support public health practice; served weapons from a stationary platform strategic importance to US national security —Univ. of Pittsburgh (Dr Michael Wagner): or while moving; policy. Automatic case detection using clinical —2. Projectile Detection Cueing (PDCue)— data; and Bayesian outbreak detection and CROWS Lightning [AARDEC]: This low-cost So again, the competition is in the characterization; acoustic gunfire detection system is able to social science directorate. And the four —Univ. of Utah, Salt Lake City (Dr Mat- detect and locate the origin of incoming gun- topic areas the DOD thought it was im- thew Samore): Visual analytics & decision fire; portant to contract out, through the

VerDate Nov 24 2008 04:29 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.021 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10351 NSF, are in the following areas, ac- ment. I had hoped we could have BYRD), and the Senator from Hawaii cording to this article: reached some kind of agreement on a (Mr. INOUYE) are necessarily absent. Authoritarian regimes, the strategic im- limited number of amendments, but Mr. KYL. The following Senators are pact of religious and cultural change, ter- since we can’t, it looks as if we are necessarily absent: the Senator from rorist organizations and idealogies, and new going to have to go to cloture. North Carolina (Mr. BURR), the Senator dimensions in national security. I think we have had a good discus- from Texas (Mrs. HUTCHISON), and the They awarded these 17 grants, and let sion, and I want to reiterate the three Senator from Mississippi (Mr. WICKER). me read what some of them are. One is goals of the Commerce, Justice, The PRESIDING OFFICER. Are there experimental analysis of alternative Science Subcommittee. No. 1, we want any other Senators in the Chamber de- models of conflict bargaining. Now, to promote the security of the Amer- siring to vote? you might say: Ho-hum. But you know ican people. We want to do it over The yeas and nays resulted—yeas 56, what, maybe some idea out of that will there and we want to do it here. That nays 38, as follows: help us crack how we can bring peace is why we fund the Justice Depart- [Rollcall Vote No. 320 Leg.] to the Middle East. Another is mapping ment. We also want to promote innova- YEAS—56 terrorist organizations. Well, that is a tion, and we have vigorous funding for Akaka Gillibrand Murray pretty good idea. Maybe some of that our science agencies and innovation Baucus Hagan Nelson (NE) research will help us get out of Afghan- from the government that will also be Bayh Harkin Nelson (FL) istan. How about predicting the nature on the side of those innovators. No. 3, Bennet Johnson Pryor Bingaman Kaufman of conflict? Well, we kind of know what where we do agree with the Senator Reed Boxer Kerry Rockefeller that is, but do we really? Because if we from Oklahoma is on increased over- Brown Kirk Sanders understand the nature of conflict, sight, accountability, stewardship, and Burris Klobuchar Schumer Cantwell Kohl maybe we can learn to defang conflict. Shaheen transparency. Cardin Landrieu Specter Let’s look at another issue which I Mr. President, I know we are about 5 Carper Lautenberg Stabenow am very concerned about because of minutes from the vote, so I will now re- Casey Leahy Tester my worry about the planet—avoiding serve the remainder of my time. Conrad Levin Dodd Lieberman Udall (CO) water wars: environmental security. Mr. President, I suggest the absence Dorgan Lincoln Udall (NM) These may be new threats to the of a quorum. Durbin McCaskill Warner United States. The PRESIDING OFFICER (Mr. LAU- Feingold Menendez Webb Whitehouse I could read every one of these, but TENBERG). The clerk will call the roll. Feinstein Merkley Franken Mikulski Wyden what I want to say is that DOD has The assistant legislative clerk pro- partnered with NSF—to quote from ceeded to call the roll. NAYS—38 this article—‘‘to reach the broadest Ms. MIKULSKI. Mr. President, I ask Alexander DeMint McCain range of academic, social and behav- unanimous consent the order for the Barrasso Ensign McConnell ioral science, and this collaboration Bennett Enzi Murkowski quorum call be rescinded. Bond Graham Reid combines the insights of DOD with the The PRESIDING OFFICER. Without Brownback Grassley Risch peer review expertise of NSF in support objection, it is so ordered. Bunning Gregg Roberts Chambliss Hatch of the agencies’ desire to promote basic CLOTURE MOTION Sessions Coburn Inhofe Shelby social and behavioral research in areas Cochran Isakson The PRESIDING OFFICER. By unan- Snowe Collins Johanns that will benefit the United States.’’ imous consent, pursuant to rule XXII, Thune Corker Kyl ‘‘Federal Technology Watch’’ said it Vitter the Chair lays before the Senate the Cornyn LeMieux best. To take out $9 million is really pending cloture motion, which the Crapo Lugar Voinovich penny-wise and pound-foolish. I am clerk will report. NOT VOTING—6 going to oppose the amendment of the The assistant legislative clerk read Senator on that issue. I will oppose the Begich Byrd Inouye as follows: Burr Hutchison Wicker amendment of the Senator on taking CLOTURE MOTION money from much-needed Commerce The PRESIDING OFFICER. On this We, the undersigned Senators, in accord- vote the yeas are 56, the nays are 38. Department renovations and putting it ance with the provisions of rule XXII of the in IG because we do fund the Presi- Standing Rules of the Senate, hereby move Three-fifths of the Senators duly cho- dent’s request in IG. to bring to a close debate on the committee- sen and sworn not having voted in the I do, however, like the amendment of reported substitute amendment to H.R. 2847, affirmative, the motion is rejected. the Senator from Oklahoma on more the Departments of Commerce, Justice and Under the previous order, the motion transparency in government reports Science and Related Agencies Appropria- to reconsider the vote by which cloture that are coming into the Commerce tions Act of Fiscal Year 2010. was not invoked is considered entered. Department. I believe we could have Harry Reid, Barbara A. Mikulski, Bar- Mr. REID. Mr. President, in years bara Boxer, Robert Menendez, Charles past, appropriations bills were finished passed that one by voice vote. I am E. Schumer, Patty Murray, Tom Har- sorry we have to go through the me- kin, Patrick J. Leahy, Roland W. in a reasonably short period of time. chanics of a recorded vote. He is wor- Burris, Mark Begich, Ben Nelson, Dan- There was cooperation between both ried I would drop it in conference, but iel K. Inouye, Debbie Stabenow, Ber- sides. That, of course, has ended. We I could give him my word that we nard Sanders, Dianne Feinstein, John are now in an era where the President would maintain that amendment as F. Kerry, Edward E. Kaufman. of the United States goes to a foreign best we could. But so be it, the Senator The PRESIDING OFFICER. By unan- country trying to bring the Olympics is entitled to that. imous consent, the mandatory quorum to the United States. And when the So, Mr. President, as we conclude our call is waived. Olympics do not go to Chicago, our Re- conversation this afternoon, I want to The question is, Is it the sense of the publican colleagues cheer. If you can be very clear. We oppose two of the Senate that debate on the committee- imagine that, that is what happened. Coburn amendments. I accept one that reported substitute to H.R. 2847, the When the President is awarded the you will see down at the desk where I Departments of Commerce, Justice, Nobel Peace Prize, only the third time stand. Science, and Related Agencies Appro- in the history of the country that a sit- I had hoped we could avoid a cloture priations Act of 2010, shall be brought ting President is awarded the Nobel vote. Senator SHELBY and I have to a close? Peace Prize, we get the same dis- worked hard on a bipartisan bill, and I The yeas and nays are mandatory satisfaction of this tremendous honor once again acknowledge the Senator under the rule. given to our country from our Repub- from Alabama, my Republican col- The clerk will call the roll. lican colleagues. league. We have an excellent bill that The assistant legislative clerk called As was written in the New York funds not only the Commerce Depart- the roll. Times 1 week ago: The Republicans are ment but the Justice Department, and Mr. DURBIN. I announce that the legislating out of spite. Anything that now we are facing the threat of a fili- Senator from Alaska (Mr. BEGICH), the slows things down, confuses, diverts buster by amendment after amend- Senator from West Virginia (Mr. from the business at hand, they are

VerDate Nov 24 2008 03:13 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.032 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10352 CONGRESSIONAL RECORD — SENATE October 13, 2009 happy to do that. There were 100 fili- mane amendments—maybe. We don’t achieve that. I don’t know what it had busters last year. And the American have to handle the germane amend- to do with health care. What it had to people should understand filibusters ments. We don’t have to deal with do with is the Commerce-Justice-State are more than just a word. It takes those. We might do that; we might not appropriations bill. days and weeks of the Senate’s time to do it. We had agreed to all of the amend- work through that process. I think what has happened in the ments on a list but one. We said to the We are going to get this bill passed, Senate is outrageous. I want to make majority that we would eliminate the and we will complete the work on this sure the record is clear. I appreciate one. So I don’t know why they can’t appropriations bill—not because the very much JOHN MCCAIN saying nice take yes for an answer. We basically Republicans deserve it, with their things about President Obama getting had an agreement on our amendment many earmarks in the bill. We are the Nobel Peace Prize. Another person list but for one amendment which they going to go ahead and do it anyway. We who says he is running for President objected to, and we said we would take are going to do it because it is the also said nice things about President it off the list. It strikes me rather than right thing for the country. Obama getting that. That was Gov- having a spirited debate about health There are many amendments that ernor Pawlenty. Obviously, Governor care and other matters, we ought to are germane. There are a number of Pawlenty knows the American people agree to the amendment list and finish amendments that were not germane think it is wrong for someone who re- the bill. postcloture. They would be considered. ceives this high honor, for people not Mr. REID. Madam President, Thurs- I told everyone that. to pat him on the back. day we waited virtually all day—all This is a game Republican Senators What has gone on in the Senate is as day—for them to come up with a list. are playing. I think it is a very unfair indicated in the New York Times last It was never quite right. Never quite game for the American people. I do month: they are legislating out of right. I was here late Thursday night, hope the American people are watch- spite. We are going to continue to work very late Thursday night. Everyone ing, and they are. All you have to do is for the betterment of this country and else had gone home. But the Repub- look at the LA Times. In Los Angeles move forward on the agenda this coun- licans refused to OK a list. So I had no this weekend, there was a front-page try needs to work on. We have had a alternative but to file a motion to in- story indicating that the Republican successful year legislating. It has been voke cloture. The agreement is in their Party, as a result of what is going on in extremely difficult. We have had a lot minds only. We have been very gen- the Senate, is at the lowest point in of hurdles to go over. erous in allowing amendments that the history of the country for a polit- I appreciate the legislation we have have nothing to do with bills this ical party. Why wouldn’t they be? passed. We only recently got 60 votes. whole year. We were still willing to do We do have one brave soul who voted We have had 58, so we have always that with this piece of legislation. This to get the bill out of the Finance Com- needed a couple Republicans. And we is part of a stall that we have had all mittee, and I appreciate her work. No have been able to get those but just year long, the stall all day Thursday. cooperation on one of the most impor- barely. I appreciate the scowls from We had problems on Wednesday trying tant issues facing the country in gen- the other side as they vote with us. to come up with a list, and Thursday. erations, health care reform. Do they We have a lot of important things to Just never quite right. have a plan? Of course not. It is the do. We are going to continue working Suddenly, today, we have a list. We party of no, as indicated in this vote on them. Health care has taken a lot are willing to drop an amendment. I tonight. longer than we had anticipated, but we don’t know what amendment they are I suggest the absence of a quorum. will take that over the finish line. It talking about dropping. The PRESIDING OFFICER (Mrs. will be hard, but we are going to do I have made my statement very SHAHEEN). The Republican leader. that. I hope we can do it with some clear. We have a pattern in the Senate Mr. MCCONNELL. Madam President, support from the Republicans. It ap- by the Republicans that is abusive to on the vote just cast, as my friend well pears at this stage that we are not the system. It is preventing the Amer- knows, we had worked on an amend- going to get any, other than maybe a ican people from getting work done. An ment list not only last week but earlier couple of courageous souls. Maybe we example is this very important bill today. We were down to what I thought will get three if we are lucky. dealing with law enforcement—Com- was a manageable list. There is no one We have to do something about en- merce-Justice-State—FBI agents. Sen- on this side of whom I am aware trying ergy, an important issue. We are going ator MIKULSKI has worked very hard. to prevent the Commerce-Justice-State to deal with that. We have to do some- She is proud of this legislation. We are bill from passing. So far this year we thing about regulation reform. going to go ahead and get it done with- have had a very good amendment proc- It would be a lot better for the Amer- out the Republicans. We are going to ess. Members have been able to offer ican people if Republican Senators go ahead and do it. Their earmarks are their amendments and get votes. I worked with us. Take, for example, the included. We are not going to take thought until about 5:15 this afternoon health care bill from the HELP Com- away any of their earmarks because we we were going to be able to get an mittee. You would think, after having believe in fairness. amendment list. It broke down some- accepted scores and scores of Repub- f how in the discussions. So I wouldn’t lican amendments, that some Repub- make more out of this than it is. We lican would say a nice thing about that MORNING BUSINESS were very close to being able to finish HELP bill. Not a word. Every single Mr. REID. I ask unanimous consent this bill. member of the Republican Party who is that we now proceed to a period of I suggest we continue to work on the a member of the HELP Committee morning business with Senators al- amendment list, which was quite rea- voted against the bill. lowed to speak therein for up to 10 sonable, and wrap up the bill in the It is pretty clear what is happening minutes each. very near future. around here. As I indicated—for the The PRESIDING OFFICER. Without Mr. REID. Madam President, I appre- third time—Republicans are legislating objection, it is so ordered. ciate the suggestion of my Republican out of spite, and that is not good for The Senator from Ohio. counterpart. But we are going to get this country. f cloture on this bill, and we will handle The PRESIDING OFFICER. The Re- the germane amendments. We have leg- publican leader. ORDER OF PROCEDURE islated on this bill for 5 days. That Mr. MCCONNELL. With all due re- Mr. BROWN. I ask unanimous con- should be enough. The list they think spect to my good friend, the majority sent to be recognized for up to 20 min- is reasonable, someone should take a leader, I don’t know what the vote we utes, followed by Senator HATCH for up look at it and see how unreasonable it just had had to do with the President to 20 minutes, and Senator GRASSLEY is. We will go ahead. We will do the winning a Nobel Peace Prize. I con- for up to 20 minutes. regular order. We will get cloture on gratulate him for that. I think all The PRESIDING OFFICER. Without this bill, and we will handle the ger- Members are proud that he was able to objection, it is so ordered.

VerDate Nov 24 2008 03:13 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.034 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10353 HEALTH CARE REFORM miums than those in large firms for the have done around Ohio, in my home- Mr. BROWN. Madam President, yes- same benefits. town of Mansfield, OH, with about 15 terday was a fateful day as we moved When America’s Health Insurance manufacturers, people who are strug- forward on health care legislation. Yes- Plans, the insurance industry, talks gling with all kinds of things. terday America’s Health Insurance about rate shock, rate shock is what They cannot get credit. They are vic- Plans, the insurance companies, un- they have inflicted on the American timized by the Chinese currency prob- veiled a report criticizing the Senate public, what they have inflicted on lems that American industry faces and Finance Committee’s health reform large corporations, what they have in- our government will not do enough legislation. This is the committee that flicted on small business people, what about. They are badly hurt by health negotiated with Republicans for 6 they have inflicted on individual Amer- insurance costs. So we know about the months; the committee that worked ican workers, on individuals holding question of fairness. It is not fair what with the insurance industry for 6 insurance plans. has happened to our workers, to our months; a committee that has, frankly, Here is what rate shock, inflicting small manufacturers, to our compa- not included a public option; a com- these huge premiums, has done. We nies, to our taxpayers, while CEOs are mittee that has, frankly, bent over know what it has done to the American doing so well. backwards to listen to insurance com- public. We know what it has done to But let me talk about what this real- pany interests. small business. We know what it has ly means. I am going to read four or America’s Health Insurance Plans done to workers. We know what it has five letters from people in Ohio about unveiled a report saying that as a re- done to taxpayers. We know what it why this matters, why this insurance sult of this health care bill, health in- has done to local and State govern- crisis matters. I know the Presiding Of- surance premiums are going to in- ments wrestling with insurance costs ficer gets letters—whether they come crease by double-digit percentages as while providing other education, health from Hanover or whereever they come far as the eye can see. care, public safety, public service serv- from in her State—she gets letters Families USA pointed out that ‘‘this ices. such as this too. Most of the letters I criticism by the insurance lobby gives Here is what it has meant to insur- get are from people who thought they hypocrisy a bad name.’’ ance companies. Between 2000 and 2007, had pretty good insurance, and then AHIP, America’s Health Insurance rate shock, inflicting high costs on they get sick and their insurance is Plans, talked about rate shock; that if ratepayers, has meant profits at 10 of canceled or then they find out that one we move forward on this health insur- the country’s largest publicly traded of their children has a preexisting con- ance bill, Americans are going to be health insurance companies going up dition or a spouse has a preexisting victimized by rate shock. Rate shock is 428 percent. They are doing just fine, condition and they cannot renew their a significant increase in premiums that thanks to the rate shock they are im- insurance or it gets so costly they can- insurance companies have inflicted posing upon American business and not renew it. That is what comes upon Americans over the past decade, American individuals. through in so many of these letters. year after year after year. From 2007, CEOs of these companies Let met share a few of them. This is I just got off the phone with a small collected a combined total compensa- a letter from Robert from Lake Coun- business person in Cincinnati who has tion—10 companies, 1 year—of $118.6 ty. It is a county just east of Cleveland fought as hard as he possibly can. He million, $11.9 million each, 468 times on Lake Erie in northeast Ohio: came to my townhall meeting in Cin- more than the $25,000 an average Amer- In 1986 my wife was terminally ill with cinnati, the most conservative part of ican worker made that year. The CEOs cancer and several other illnesses. When I the State, saying he needed to go in of the insurance companies made $11.9 switched jobs and looked for new insurance, with other businesses in an insurance million each while they are saying to we were denied because of her pre-existing exchange, perhaps with a public option people: Sorry, you can’t get insurance. condition. so he could get his rates in check. The You have a preexisting condition. In 2001, when I was 58, I lost my job. When insurance companies just raised his Sorry, we are going to rescind your COBRA ran out, I was denied insurance based on my pre-existing conditions of diabetes rates so dramatically that he is likely policies because you got too sick and and heart disease. going to lose his insurance. you spent too much. Sorry, we will not I managed to limp through until I turned Rate shock is when between 2000 and cover you. We will cancel your policy 65 and became eligible for Medicare. 2009 average family insurance pre- because you are the wrong age or the I’m sure the fear and anxiety I suffered miums for employer-based health cov- wrong gender or live in the wrong place over health insurance hasn’t been at all ben- erage increase from $6,700 to over or you have the wrong disability. eficial to my overall health. $13,073, an increase of 93 percent. Rate The first half of this year, to top it I have heard person after person—in shock is when between 1999 and 2009, all off, here is what rate shock meant talking to people one-on-one or looking premiums for employer-sponsored in- to the insurance industry. AHIP spent at the letters they write or reading surance in my State—from Findlay to $3.9 million on in-house lobbying ef- something they have written on the Gallipolis, from Galion to Youngs- forts and another $500,000 on outside Internet—tell me they are not quite 65, town—grew 108 percent. Rate shock is lobbying firms and consultants. they might be 55, they might be 62, and when 20 percent of middle-income Ohio It is just a question of fairness. The they just hope they can hold on until families spend more than 10 percent of question of fairness says to all of us, they are 65 so they can get a decent their income on health care. Rate this is not right. People are paying government-sponsored health plan, shock is when between 2000 and 2008, more and more for their insurance. Medicare. That tells me why the public the percentage of employees with an People are losing their insurance be- is demanding the public option. The annual deductible greater than $1,000 cause they cannot afford it. People are public understands a public option— increased from 1 percent to 18 percent. getting cut off their insurance because which is just an option—will make the One out of five Ohioans is paying a of preexisting conditions. People are insurance companies more honest. more than $1,000 deductible. Rate being discriminated against because of A public option will not cancel people shock is when since 2000, insurance disability or gender or age or location. for having a preexisting condition any- costs for small businesses have in- That—coupled with the salaries, the more than Medicare does. A public op- creased 129 percent. CEO compensation—all of that is not tion will give people choice. It will dis- Who is going to provide the jobs in fair. cipline the insurance companies and this economy to get us back on our feet But what does that mean individ- keep costs in check. as a nation? It is small businesses. Yet ually? Why, other than questions of We know, when you look at this re- the insurance companies have more fairness—which really matter. Another port I just talked about—this AHIP re- than doubled insurance premiums for is productivity in our economy. As port that talked about rate shock— small business, a 129-percent increase these health care costs are so burden- that is as good an argument for a pub- in less than a decade. Rate shock is some to employers, they simply cannot lic option as any I have ever heard of when small business workers pay an hire people. I spoke today to a group. I because the insurance companies say: average of 18 percent more in pre- had a roundtable, one of about 140 I We are going to raise rates even higher

VerDate Nov 24 2008 03:13 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.036 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10354 CONGRESSIONAL RECORD — SENATE October 13, 2009 than we have already raised them, an pretty good health insurance until Our daughters, ages 28 and 26, both work even higher percentage than we have something really bad happens. That is but face difficult choices regarding their already raised them, an even faster what health insurance should be all health care. One daughter’s employer plan is based on climb than we have already done in the about. It really is not insurance if it her overall health—she lives in fear that last decade. That is why we need a pub- does not work when you really need it. something like high blood pressure could lic option, to discipline the insurance And Tina from the Cleveland area un- possibly increase medical costs by hundreds companies, to compete with them. derstands that. A public option will of dollars a month. They seem to be competing to raise work to make sure she continues with My other daughter is a contract worker rates, not competing to keep things in her health coverage, that she cannot be who has to pay for her own insurance. She denied coverage, that even when she makes about $45,000 a year and supports a check, unlike the way competition family of three, but has out-of-pocket ex- used to work in this country. That is gets really sick, she will be in a pool penses anywhere from $2,500 to $5,000 before why a public option is so important. that will work for her. the deductible is even met. Shelly from Coshocton, a community I have two more letters, Madam These are examples of hard working people in sort of southeast, east central Ohio, President, and then I will yield the who will survive in the short term but in the writes: floor to the Senator from Utah. long term will be paying medical insurance rather than a house payment. I have no health insurance coverage for This is a letter from Priscilla from Please continue the fight, you cannot let myself or my son. My husband is disabled Miami County—a county in southwest [us] down. and receives Social Security Disability and Ohio, just north of Dayton: Medicare. I am a 62-year-old widow with controlled I know the Presiding Officer from My son was born with a congenital heart cholesterol and high blood pressure. New Hampshire gets these kinds of let- defect [and] has already had one open heart I bring in $2,300 per month on fixed income ters from people who are really the surgery. but pay $1,900 per month for health insurance backbone of this country, people such Along with my pre-existing condition, nei- premiums. as her daughter making $45,000 a year. ther of us can afford private coverage. So $2,300 a month she brings in, and She has had barely a middle-class Pre-existing conditions should be illegal she pays $1,900 a month for health infor insurance companies to use to delay standard of living. It is clear, with her health care for Americans. surance premiums. She is not quite job as a business executive assistant, Medicare eligible. She is 62 years old. Shelly is right. When she says that, she has all kinds of out-of-pocket costs. If we are going to get this economy understand that, yes, we are going to I keep my thermostat at 62 degrees in the winter and minimize the use of hot water, back in shape—and I got that again change the law so we are going to ban unless when needed. today talking with those manufactur- the whole practice of ‘‘preexisting con- I spend about $100 per month on groceries. ers, small companies of 30 and 50 and dition.’’ No more ‘‘preexisting condi- Since August 2007, I’ve spent more than $40,000 in premiums, co-pays, and out-of- 100 people, most of them—if we are tion’’ under this legislation, no more going to get this economy back in caps on cost, on coverage, and no more pocket expenses. My private insurer paid only $8,500 for my shape, we cannot have health care annual or lifetime caps, no more dis- medical and prescription claims in that pe- costs weighing down our businesses and crimination based on gender or dis- riod. individuals who simply cannot get ability or geography or age. Priscilla’s health insurance simply ahead, who are fighting every day to But even with that, we clearly need a does not work for her. It is a health in- figure out: How do I pay for this? How public option to enforce those rules so surance policy that too often does not do I balance paying for my medicine the insurance companies cannot find a respond when she needs it to respond. with making my house payment, with way to game the system, as they have She likely—as so many people I know heating my home, with buying my over and over, year after year after and who call my office—spends much of food? How can we in this society con- year. That should be our commitment her time on the phone trying to get her tinue to do that? to Shelly from Coshocton. insurance company to pay. You have to Then, to top it off, as I said, the in- Tina from Cuyahoga County—the figure the stress on people, dealing surance industry, yesterday, put out a Cleveland area—writes: with insurance companies and getting report that talked about rate shock, My husband and I have been married for 30 turned down time after time after that if this bill passes—the kind of years. threat they made to this institution, to We’ve lived in the same three bedroom time, probably compromises their home for the last 26 years, where we sent our health. the House and the Senate, to the Amer- two sons to college, without debt, while run- She has to wait another 3 years be- ican people—they are going to jump ning our small business. fore she is Medicare eligible. This legis- health care prices. We have our own insurance, but have seen lation will help her with that. This leg- Well, that is, again, why the public raised deductibles and scaled back coverage. islation will give her the chance to go option is so important. The public op- I would guess we’ve spent some $150,000 on into an insurance exchange. She can tion will provide competition to these premiums over the healthy years of our pick a private plan or she can pick the insurance companies, competition they lives. are not used to getting from each Unfortunately, last fall I was diagnosed public option. Either way, she simply with non-Hodgkin’s lymphoma. The defi- will not have these kinds of premiums. other. It might mean that the chief ex- ciencies in our current policy were then She will not have these kinds of out-of- ecutive officers of the 10 biggest com- made clear. pocket expenses. She will have some panies will not average $11.9 million in Again, a good health care policy costs. She will get some help because salaries. It might mean their profits until she really needed it, which is too she does not make very much money. will not continue to escalate. It might much par for the course in this coun- That is what this country should do, I mean they have to tighten their belts try. think, for people like Priscilla. and compete with a public option so their prices are more in check with Our plan covers only certain services. The last letter I will read is from After 2 different and unsuccessful treat- Cheryl from my home county of Lo- what the American people can afford. ments, I have an $80,000 balance with the rain—Elyria, Avon, North Ridgeville, The time is now. It is imperative hospital. Oberlin, Amherst, that area of the that we in this institution send legisla- I firmly believe most people have no idea State just west of Cleveland on Lake tion to the President of the United of their exposure because they have been for- Erie: States for him to sign—good, strong tunate not to have had the need to use their We are a working class family riding the legislation that helps small businesses, insurance. I alternate between being furious fine line between blue and white collar in- that helps people keep the insurance and depressed. they have, if they want to keep it, if At 53, what have I to look forward to other come. I work as a business executive assistant, than single handedly having ruined my fam- they are satisfied with it, and has a aware of how big business can influence the ily’s financial future. public option included in it to compete outcome of this bill. My husband is a retired Something has to be done. It is immoral with insurance companies and keep fire captain who was forced into retirement that insurance companies should make a them honest and to keep costs in after being injured on the job. profit over people’s health conditions. We get insurance through my employer, check. It is our duty. It is our impera- I think that says it all: again, so but we’ve seen costs increased considerably tive. It is what we must do in the next many people have what they think is in the last three years alone. few weeks.

VerDate Nov 24 2008 04:29 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.049 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10355 Madam President, I yield the floor. the committee, MAX BAUCUS, from $133 billion out of the Medicare Advan- The PRESIDING OFFICER. The Sen- Montana, for having worked so long tage Program, which will adversely im- ator from Utah. and hard to try to get that bill through pact the availability of these plans for f the committee. I disagree with the bill, millions of American seniors, espe- but I also recognize that type of effort, cially in rural areas. That was what it ORDER OF PROCEDURE and I have great regard for Senator was designed for. It is pushing for poli- Mr. HATCH. Madam President, I BAUCUS and others on the committee cies at the Federal level that actuaries have agreed to delay my 20 minutes in as well. But I have worked through al- acknowledge could increase premiums favor of the distinguished Senator from most 4 weeks of debate in the Health, significantly for millions of Americans, Michigan having 3 or 4 minutes. I ask Education, Labor and Pensions Com- not to mention the new insurance tax unanimous consent that I be given the mittee and now through 2 weeks of which will cost families another $500 in floor after that. strenuous debate on the Senate Fi- higher premiums. This will make cur- The PRESIDING OFFICER. Without nance Committee. I was in the original rent coverage unaffordable for count- objection, it is so ordered. Gang of 7 trying to come up with a bi- less Americans. The Senator from Michigan. partisan approach, but I realized that American families are very smart; Ms. STABENOW. First, Madam not enough flexibility had been given they are very astute. They realize that President, I thank my friend from Utah to Senator BAUCUS, and I decided to there is no free lunch, especially in for his graciousness. It is a pleasure to leave that group of seven, and I am Washington. They are being promised serve with him on the Finance Com- glad I did, because I predicted when I an almost $1 trillion bill—that is really mittee. left exactly what this bill would turn an understatement of what it is, and I (The remarks of Ms. STABENOW per- out to be. will get into that later—that will not taining to the introduction of S. 1776 It almost seems as though these hun- increase deficits, not raise taxes, and are printed in today’s RECORD under dreds of hours of debate in the past not cut benefits. Only Washington ‘‘Statements on Introduced Bills and were for naught. It is important for speak could try to sell a promise such Joint Resolutions.’’) Americans everywhere to understand as this with a straight face. Ms. STABENOW. Madam President, I that the bills we have spent hundreds Second: The President has consist- appreciate very much my friend from of hours working on are not the bills ently pledged: ‘‘We’re not going to Utah allowing me to step in for a mo- that will be discussed on the Senate mess with Medicare.’’ Once again, this ment. I will be happy to talk more floor. The real bill that is currently is another simple and straightforward about this at a later point, but it is im- being written behind closed doors in pledge that this bill has now evaded portant to get this introduced this the dark corners of the Capitol and the through Washington double speech or evening so it can become a part of the White House—and we can all only hope doubletalk. This bill strips, as I say, debate. that all of us, especially American $133 billion out of the Medicare Advan- f families, will have ample opportunity, tage Program that currently covers at least 72 hours, to review the full bill 10.6 million seniors, or almost one out UNEMPLOYMENT COMPENSATION before we are asked to consider this on of four seniors in the Medicare Pro- EXTENSION ACT OF 2009—UNANI- the floor and vote on it—is a bill that gram. According to the Congressional MOUS CONSENT REQUEST affects every American life and every Budget Office, under this bill, the value Ms. STABENOW. Madam President, I American business. The health care re- of so-called additional benefits such as ask unanimous consent that the Sen- form bill is too big and too important vision care and dental care would de- ate proceed to the immediate consider- to not have a full public review. cline from $135 to $42 by 2019. That is a ation of H.R. 3548, which was received I wish to spend my time today talk- reduction of more than 70 percent of from the House; further, that a Reid ing about why the Baucus bill fails benefits. You heard me right: 70 per- substitute amendment, which is at the President Obama’s own test for respon- cent. I offered an amendment to pro- desk, be agreed to; the bill, as amend- sible health care reform. This bill is tect these benefits for our seniors, ed, be read a third time and passed; the another example of Washington once many of whom are low-income Ameri- motions to reconsider be laid upon the again talking from both sides of the cans who reside in rural States. How- table with no intervening action or de- mouth and using technicalities and ever, this amendment too was defeated bate; and any statements related to the policy nuances to evade the promises in the Finance Committee. The major- bill be printed in the RECORD. made to our seniors and middle-class ity chose to skirt the President’s The PRESIDING OFFICER. Is there families. First, President Obama in his pledge about no reduction in Medicare objection? own words has consistently stated: ‘‘If benefits for our seniors by character- Mr. HATCH. Madam President, I you like your current plan, you will be izing the benefits being lost—vision have to object on behalf of our side. able to keep it.’’ Let me repeat that: care, dental care, and reduced hospital The PRESIDING OFFICER. Objec- ‘‘If you like your plan, you will be able deductibles—as extra benefits, not tion is heard. to keep it.’’ That was given on July 2, statutory benefits. The Senator from Utah is recognized. 2009, right at the White House, and we Let me make this point as clearly as f are all familiar with that particular I can. When we promise American sen- commitment. iors that we will not reduce their bene- HEALTH CARE REFORM One of the amendments I offered in fits, let us be honest about that prom- Mr. HATCH. Madam President, I the Finance Committee simply pro- ise. Benefits are benefits, so we are ei- have taken a lot of votes in my Senate vided that if more than 1 million Amer- ther going to protect benefits or not. It service, as I have had the proud honor icans would lose the coverage of their is that simple. Under this bill, if you of representing my fellow Utahns and choice because of the implementation are a senior with Medicare Advantage, of course all Americans across this of this bill, then this legislation would the unfortunate answer is no, you are great Nation. I deliver these remarks not go into effect. This was a simple going to lose benefits. with a heavy heart because what could and straightforward amendment; no Thirdly, the President has consist- have been a strong bipartisan vote re- nuance, no double-talk. This amend- ently stated: ‘‘I can make a firm flecting our collective and genuine de- ment was defeated along party lines. pledge. Under my plan, no family mak- sire for responsible reform in the Sen- It should come as no surprise to any- ing less than $250,000 a year will see ate Finance Committee has ended as one on the Finance Committee that in any form of tax increase.’’ another largely partisan exercise as we a recent Rasmussen poll, a majority of That was when the President was a take another step forward toward the Americans with health care coverage— candidate in New Hampshire on Sep- flawed solution of reforming one-sixth almost 53 percent—said that the bill tember 12, 2008, and he has said that of our economy with more spending, would force them to change their cov- since. more government, and more taxes. erage. This bill is rife with policies Let us examine the realities of this Having said that, I wish to com- that will do anything but allow you to bill. As I said before, there is no such pliment the distinguished chairman of keep your coverage. It cuts upward of thing as a free lunch, especially when

VerDate Nov 24 2008 03:13 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.050 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10356 CONGRESSIONAL RECORD — SENATE October 13, 2009 Washington is the one inviting you dent Obama’s own pledges to the Amer- was by not counting the first 4 years; over. According to the Joint Com- ican people. He said: ‘‘You keep what not having it implemented until as late mittee on Taxation, there is more than you have.’’ That is not true. ‘‘No reduc- as 2014. In other words, that is 6 years. $400 billion in new taxes under this bill tion in Medicare benefits for our sen- If you extrapolate it out to 10 years, we to continue to fund Washington’s insa- iors.’’ That is not true. ‘‘No tax in- have $1.7 trillion, $1.8 trillion that this tiable appetite for spending. Here are creases on families making less than bill is going to cost. some of the highlights of the $400 bil- $250,000.’’ That is not true. In fact, One reason for that is because they lion: $23 billion of new taxes on em- most of those taxes will go to the mid- know we are going to have to do the ployers through a mandate that will dle class at way below $250,000. doctor fix rather than have doctors disproportionately affect low-income Lastly, let me talk a little bit about being paid 25 percent less by Medicare Americans and all at a time when our the myth of this proposal actually re- and even less by Medicaid, and hos- unemployment is rapidly approaching ducing the deficit by $81 billion over 10 pitals 25 to 30 percent less by Medicare double digits. Some think we are al- years. Here is the harsh reality. The and even less by Medicaid. ready in double digits. There is $4 bil- Congressional Budget Office recently lion of new taxes on Americans who reported that our national deficit for The biggest bait and switch on the fail to buy a Washington-defined level fiscal year 2009 alone was a shocking American people about this bill’s im- of coverage; $322 billion of new taxes on $1.4 trillion. That is the highest deficit pact on the deficit is a simple math everything from insurance premiums since 1945 in real terms. trick. If something is too expensive to to prescription drugs to hearing de- Let me put this in perspective. This do for a full 10-year period, just do it vices and wheelchairs. Representatives was the largest yearly deficit since for 6 years. That is what they have from both the Congressional Budget Of- 1945. It was more than three times our done. Most of the major spending pro- fice, CBO, and the Joint Committee on deficit from last year. I remember how visions of the bill do not go into effect Taxation, JCT, testified before the Fi- they were complaining about George until 2013 or even 2014, coincidentally, nance Committee that these taxes will Bush and those high deficits. It is al- after the 2012 Presidential elections. So be passed on to the consumers. most 10 percent of our entire economy. what we are seeing is not a full 10-year So even though this bill tries to hide George Bush’s deficit was less than $500 score but rather a 6-year score. these costs as indirect taxes, average billion. I thought it was too high. We According to the Senate Budget Com- Americans who purchase health plans, are now talking about $1.4 trillion in mittee, the full 10-year score of this use prescription drugs, and buy med- the first year of this presidency. Keep plan will easily surpass $1.8 trillion, ical devices—everything from hearing in mind the Democrats controlled the fully implemented over 10 years, the aids to crutches—will end up footing Congress in the last 2 years of the Bush way it is written. I believe it will be the bill. By the way, it is interesting to presidency. This should send shivers more than that in actuality when we note here that although these tax in- down the spine of every American out add the doctor fix that we are going to creases and Medicare cuts will start as there. We are literally drowning the fu- have to do. early as next year, subsidies to help ture of this Nation in a sea of red ink. That is on top of the $2.4 trillion we people with their premiums which will Here is the fantasy: Congress will ac- are spending right now. skyrocket under this plan will not be tually follow through with these mas- In our current fiscal environment available until July of 2013—31⁄2 years sive Medicare cuts that are being used later. to make this $829 billion spending bill where the government will have to bor- By the way, they are going to cut deficit neutral. I challenge a single row nearly 43 cents out of every dollar $400 billion out of Medicare. I remem- Member of the Senate to tell me when it spends this year, let’s think hard ber a few years back in 1975 when, for have we ever followed through on such about what we are doing to our country that budget that year, we were trying massive cuts. Let me use the words of and our future generations. Our na- to find $23 billion out of Medicare and Dr. Doug Elmendorf, the Director of tional debt is on a path to double. We the other side just about went berserk the Congressional Budget Office, on can see the red lines on the chart. That over that. Here we are cutting $400 bil- this issue: is the projected national debt since lion out of Medicare that already has These projections assume that these pro- this administration has taken over. It $38 trillion in unfunded liabilities. posals are enacted and remain unchanged is on a path to double in the next 5 So what about the promise of no over the two decades which is often not the years and triple in the next 10 years. taxes on families making less than case for major legislation. The long-term There is still time for us to step back, $250,000? Look at the evidence. Accord- budgetary impact will be quite different if press the reset button, and write a bill ing to the data from the Joint Com- those provisions were ultimately changed or we can all support and be proud of. not fully implemented. mittee on Taxation and former CBO di- Madam President, what is their an- I could not have said it better myself. rector Doug Holtz-Eakin, 89 percent of swer in the end? I guarantee you, the We all remember the Deficit Reduction these new taxes will be paid by tax- final bill is going to have some form Act of 2005 which attempted to reduce payers making less than $200,000 a year. of—it may be disguised semantically— Medicare spending by a mere $22 billion The insurance excise tax alone would a government-run plan. That scares over 10 years. That proposal was merci- cost families up to $500 more in pre- every American. lessly attacked by the other side of the miums. That is not all. The Joint Com- In 1965, when we did Medicare, the ar- mittee on Taxation also found that at aisle as being, among other things, gument was that Medicare will be on least 71 percent of all penalties col- ‘‘Orwellian’’ and ‘‘immoral.’’ Now sudan equal footing with the private in- lected from the individual mandate denly we are being asked to believe the dustry. Well, it didn’t take just a cou- will also come from those making less Congress will follow through in almost ple of years, and they found out they than $250,000. As I said, there is no free $500 billion in cuts to Medicare? could not do it. So they had to set lunch in this town. Take another example: the physician By the way, we all know when this payment. This bill only contains a 1- prices. bill is fully implemented it will cost year fix. After that, the doctors will Today, Medicare pays doctors 20 per- significantly more. Every time Wash- face more than a 20-percent cut in their cent less and hospitals 25 percent less, ington tells you that something will payments, seriously threatening access and Medicaid is even worse than that. cost a dollar, it usually costs $10. His- to Medicare for seniors. We all know If we think the Federal Government tory is prologue. Medicare started off that we have to fix this problem, and can take over the whole health care as a $65 million a year program and that we will. Unfortunately, the hun- system and save money, we haven’t ob- now has a $400 billion annual budget. dreds of billions of dollars needed to served the history of Medicare. Medi- So look for these taxes to only go up in overhaul this broken system are not care today is a $38 trillion unfunded li- the future as we have just given the included in this score that is supposed ability that we are saddling our kids Federal Government a whole new to be balanced, and will go to further and grandkids with—and even in my checkbook. increasing our skyrocketing deficits. case, my great grandkids. I am con- So based on my count, this bill al- Let’s be honest about it. The reason cerned. This should not be a political ready has three strikes against Presi- they can keep it down to $829 billion issue.

VerDate Nov 24 2008 04:29 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.039 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10357 We ought to be working together. I Our Founding Fathers didn’t believe The legislative clerk proceeded to guarantee, if we turn all of this over to that. That is why they did the Con- call the roll. the government—I heard the distin- stitution the way they did it. Anybody Mr. UDALL of Colorado. Madam guished Senator from Ohio, who is very who believes they can do it better in a President, I ask unanimous consent sincere and very loquacious and has an government-run program hasn’t stud- that the order for the quorum call be interesting personality. I care for him. ied history. I have to admit some of rescinded. But if we do that, everybody is going to our colleagues on the other side do be- The PRESIDING OFFICER. Without suffer because the Federal Government lieve a single-payer system is better. objection, it is so ordered. cannot do it better. It is just that sim- Single-payer is socialism, pure and (The remarks of Mr. UDALL of Colo- ple. We have all the years since 1965 to simple. They don’t like to call it so- rado pertaining to the introduction of prove that. cialism, but that is what it is. When we S. 1777 are located in today’s RECORD The fact is, if we turn this over to the get socialism, we get everything that under ‘‘Statements of Introduced Bills almighty Federal Government and the goes with it, and that means rationing. and Joint Resolutions.’’) bureaucrats in Washington, it will We have to be reasonable about what Mr. UDALL of Colorado. Madam cause a furor like we cannot believe in services we can give. The States will do President, I yield the floor. (Mr. UDALL of Colorado assumed the this country, and rightly so. I heard it the right way. The Federal Govern- Chair.) the distinguished Senator say: Well, if ment will mess it up, I guarantee it. I the insurance premiums should in- don’t know anybody who has been here f crease because of this bill, let’s turn it as long as I have who could not ac- AGRICULTURE APPROPRIATIONS over to the government, and we will knowledge that. I don’t think they Mr. REID. Mr. President, I am so save all that money. should try to dispute that. I think they pleased that last Thursday we passed What about the $38 trillion in un- would be run out of Washington. If you another appropriations bill in regular funded liability in Medicare as we want bureaucrats between your doctor order and with bipartisan support. I stand here today? What about Medicaid and you, this is the way to do it—a thank Chairman KOHL for his work to going into bankruptcy within the next government-run plan right here in pass move this bill through the proc- 10 years? There is nobody who doubts Washington, with all the costs and ex- ess. And I think Senator BROWNBACK, that who looks at the financial matters penses and the oblivious not caring the ranking member, for his work on in this country. The reason they are is about the future that we have seen this bill as well. because they are run by the almighty year after year. This is a good bill—it is good for the Federal Government. I would much That is why Republicans are up in Nation and it is good for my home rather see a system whereby we allow arms. That is why we cannot support State of Nevada. By adopting this con- the States themselves, which have dif- this bill. I wish we could work with our ference report we are making invest- ferent demographics—and the Chair is colleagues and get together. I wish we ments in rural towns, in working fami- from New Hampshire, which is dif- could do a bipartisan bill. I might add lies, and in the farm families that feed ferent from Massachusetts, and it is that one person is not bipartisan. You us. also different from my State of Utah. I can call it that, but it really isn’t. I This bill includes significant invest- will bet that the New Hampshirites can deeply respect that one person, and she ments in rural development programs handle their problems a lot better than knows that. to help our rural towns improve their the Federal Government in Wash- The fact is, we are a long way from hospitals, drinking water and sewage ington. I know Utah can. We have a having a health care bill. The further systems. We also help rural commu- good health care system because we do fact is, it will not be the bill that nities attract businesses and jobs with all the things that are necessary to passed out of the committee today. It investments in broadband access and make it good. It is closer to the people, is going to even be worse. business loan programs. These pro- and the government is closer to the If I were sitting on the Democratic grams are especially important as we people. They have to be responsible to side, I would be worried to death about help families living in rural towns get the people. what they are finally going to come up through these tough economic times I would like to see a system where we with. They really do, for the most and make their communities stronger. basically block grant these funds and part—the majority—believe a single- In this bill we also increase funding let the States set up their own pro- payer system, run by Washington, DC, from last year’s levels for nutrition grams and have 50 State laboratories and the bureaucrats here is going to be programs like the Supplemental Nutri- that literally can show us the way; better than one run by the States. I tion Assistance Program, formerly where we can compare plans and see have to admit there are some States known as food stamps, the Women In- the good in one State and maybe adapt that would mess it up, no question. We fants and Children program, the Com- it to ours. If we turn this all over to a can all name them too. There are gen- modity Food Supplemental Program, government plan, run by Washington, I erally States that are behind the sin- the Emergency Food Assistance Pro- cannot begin to tell you the stifling gle-payer system, but there aren’t gram and School Lunch and Breakfast. that will be to innovation and good many of them. The vast majority of In addition, I am pleased that in this ideas compared to allowing the 50 States would show us the way and help bill Nevada has been added to the list State laboratories, as federalism was us to find the way and help us to do a of States authorized to run afterschool designed to set up. good job on health care. supper programs that will provide a The majority leader said: The Repub- Madam President, I am very con- hot meal for kids who would otherwise licans are just the party of no; they cerned. I am one who likes to work in go hungry. We have all seen the stories have no plan. We have 40 Members here a bipartisan way, but it has to make on the news and in the papers about and we have six plans. We find that sense. What we passed out of there the historic demand for Federal feeding even some of our plans are off the today doesn’t make sense, and it is programs and the strain being placed charts in cost. Some are good. The fact going to get a lot worse. By the time on our local food banks and food pan- is, we know this system needs to be re- they take the HELP Committee bill, tries. This bill will help families in Ne- formed. Every Republican is for re- which was a totally Democratic par- vada and throughout the nation who forming the system. We are not for tisan bill, and take what they want out are currently struggling to put food on bankrupting the country. We are not of that, and by the time they take the the table. for having these almighty bureaucrats tricommittee bill over in the House, We also make a significant invest- in Washington determine what we all which is a partisan Democratic bill, it ment in the Commodity Futures Trad- have to do. We are not for turning ev- will get worse. When it does, the Amer- ing Commission, CFTC, with $169 mil- erything over to the government, ican people are going to be the losers. lion, which is an increase of $23 million which is already running Medicare and Madam President, I suggest the ab- from last year. We are making this in- Medicaid into bankruptcy. We don’t be- sence of a quorum. vestment because we need the CFTC to lieve a central form of government The PRESIDING OFFICER. The be capable of conducting rigorous over- should control everything. clerk will call the roll. sight of futures markets, especially in

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This funding is an champion, the Senate lost a living leg- decent, quality health care is a funda- important investment that will help us end, and those of us who were fortunate mental right and not just a privilege. rebuild our economy on a stronger to know him personally lost a friend We are once again at the edge of trans- foundation. and mentor. formative change in our country. We In addition to these good programs, My memories of Teddy Kennedy have Teddy Kennedy to thank for get- this bill also includes funding for a reach beyond our short time together ting us to this point. I look forward to number of important Nevada projects. in the Senate all the way back to my joining my colleagues as we make Ted- We have funding for the Nevada Arid days as a kid when his brother Jack dy’s final dream a reality. Rangelands Initiative, Mormon cricket was running for President of the Mr. BEGICH. Mr. President, I rise to control, and noxious weed control. We United States. My father was an early speak of the enormous contributions to have assistance for the Wildfire Sup- supporter of Jack’s campaign and this body and to our nation of our port Group in Orovada to help them do Teddy stayed at our house in Arizona former colleague, the late senior Sen- fuels management. And we have fund- while he was campaigning for his ator from Massachusetts, Ted Kennedy. ing for the University of Nevada Reno brother in the west. In those days, the When I took the oath as a U.S. Sen- for their work with the Food and Agri- west was not considered a plum cam- ator on January 3, 2009, I have to con- culture Policy Research Institute, paign assignment so, naturally, as the fess to a fair amount of trepidation. which does great research to help us youngest of his clan it fell to him. We Many great statesmen have served be- understand what is going on in Amer- had a full house at the time, with all of fore me in this esteemed body. For a ican agriculture so we can create good my brothers and sisters at home, so former mayor from a State so distant programs to help our farmers. there wasn’t even a bed for him to from Washington, DC, taking a seat This bill makes a number of impor- sleep on. So he slept on the floor and among these American leaders was a tant investments. So I am very pleased never uttered a word of complaint. My little intimidating. that this bill has passed the Senate memories of him from that time reflect No sitting Senator was a larger giant with broad support—76 Senators voting the same Teddy Kennedy everyone de- than Ted Kennedy and he impacted my to send this conference report to the scribes today. He was a kind man, dedi- life long before I arrived here. As a boy President. cated to his brother and his family, and born and raised in Anchorage, my par- always patient with all of us kids and ents spoke of the great pride in public f our questions. service the Kennedy family inspired in In later years, Teddy continued to be our family and in our Nation. My fa- 50TH ANNIVERSARY OF ST. JOHN a frequent visitor to New Mexico. When ther, the late Nick Begich, served for 2 THE BAPTIST GREEK ORTHODOX our family was in the midst of a cam- years in the Congress with Senator CHURCH paign and needed that extra bit of star Kennedy, before my dad’s death in 1972. power, Teddy was there the one person In many ways, Alaska and Massachu- Mr. REID. Mr. President, today I who could ignite a crowd like no other. setts can’t be further apart. Alaska is wish to commemorate and celebrate As Democrats, we loved having him in just celebrating its 50th year of admis- the 50th aniversary of the St. John the our State because he could always get sion to the United States and is a vast Baptist Greek Orthodox Church. a turnout. He had rallies with 10,000– land rich in natural resources and of For more than a century, a proud and 12,000 people—huge crowds for New conservative, independent-minded peo- vibrant Greek community has thrived Mexico. ple. The Bay State was the site of one in Nevada. 50 years ago, the parish of Teddy Kennedy loved New Mexico of America’s first settlements more St. John the Baptist Greek Orthodox and New Mexicans. And New Mexicans than four centuries ago, is well devel- Church was established in Las Vegas, loved Teddy right back. In most family oped, and its residents decidedly more NV, to serve this dynamic community. living rooms, you can find two promi- liberal. For half of a century, the parish- nently displayed photographs. They in- Yet in the first week of April 1968, ioners at St. John the Baptist have clude at least one of the Kennedys be it those differences faded when Senator celebrated their Hellenic heritage Jack, Bobby, or Teddy and at least one Kennedy traveled to Sitka to deliver a through cultural and spiritual events, of the Pope. New Mexicans just have a speech to the Alaska Democratic State all while giving back to the Las Vegas very deep affection for the entire Ken- Convention. The days-old assassination community through service. As one ex- nedy family. of Dr. Martin Luther King Jr. still ample of the many ways parishioners My father eventually served in Jack ached in the hearts of Americans. In a have inspired southern Nevada, the Kennedy’s Cabinet as Interior Sec- scratchy tape recording of his speech, Panagia chapter of the Ladies retary. These days, he talks a lot about Senator Kennedy calls on Americans to Philoptochos Society meets monthly his time in JFK’s administration. He rise above the frustration and fury to serve the parish and the community says he is now the last of the genera- they felt and to rededicate ourselves to by working in a hands-on fashion to tion. The last leaf on the tree from the ‘‘wipe away cynicism and to introduce serve the liturgical, charitable, edu- Kennedy Cabinet. My father was great- the understanding that we wish to see cational, youth, and crisis needs of the ly saddened by Senator Kennedy’s pass- future generations exercise so they will community. ing. not suffer as their mothers and fathers Las Vegas is profoundly enriched by Just about every piece of monu- have suffered.’’ the St. John the Baptist Greek Church. mental legislation that has come out of The transcript of that speech shows Every year, the church holds a Greek this Senate over the past 50 years has that Alaska U.S. Senator Ernest Festival, where Nevadans of all back- had Teddy Kennedy’s stamp on it Gruening and the gathered Alaskans grounds listen to Greek music, eat somehow. Whether it was voting rights rose to a standing ovation as Senator Greek food, and embrace the spirit of or education improvements or health Kennedy concluded his inspirational kefi—a passion for life that radiates care reform—the cause of Teddy’s life— remarks. Today, 41 years later, those from the parishioners at St. John the America owes a debt of gratitude to words continue to serve as an inspira- Baptist. the senior senator from Massachusetts tion to me. It is my honor to celebrate the for his leadership and unwavering dedi- Mr. President, I had the opportunity ‘‘Golden Heritage’’ of this storied cation to making our country a better to meet Senator Kennedy only once, church on Friday, October 16, 2009. To place for all who call it home. when he welcomed me as a Member of my friends at St. John the Baptist But the last chapter in Teddy’s leg- this body just a few months ago. The Greek Orthodox Church: OPA! May you acy remains incomplete. That chapter intimidation I felt as a new Senator celebrate many more successful years. is health care reform, and it is our job melted in his warmth and graciousness.

VerDate Nov 24 2008 04:29 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.010 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10359 It will be a moment I will remember them on their educational successes the city’s past role as ‘‘pearl button for the rest of my life. and commitment to service. I am proud capital of the world,’’ as well as the f that the Piney Woods School is in my historic contributions of three local en- home State of Mississippi, and I wish terprises: Bandag, a half-century-old ADDITIONAL STATEMENTS them the best in the future.∑ company specializing in silver tubes, f mesh venting, and tire treads; HNI Cor- poration, the world’s second largest TRIBUTE TO SOUTHGATE’S 50TH ANNIVERSARY OF ACT VOLUNTEER FIREFIGHTERS manufacturer of office furniture and ∑ Mr. HARKIN. Mr. President, I ∑ Mr. BUNNING. Mr. President, today I the nation’s No. 1 maker of gas- and would like to congratulate the ACT or- wood-burning fireplaces; and Stanley congratulate the members of the city ganization, which is celebrating its of Southgate’s Volunteer Fire Depart- Consultants, a global provider of engi- 50th anniversary, this year. As many of neering, environmental, and construc- ment. This year marks the depart- our colleagues know, ACT is an inde- ment’s centennial anniversary. tion services. pendent, nonprofit group based in Iowa This year the city of Southgate’s The Muscatine History and Industry City that provides an array of testing, Volunteer Fire Department is cele- Center is a relatively small museum, brating 100 years of service to the assessment, and research services in but it has a very big impact. Not only Northern Kentucky area. Southgate is the areas of education and workforce does it welcome many thousands of my hometown, and I know and appre- development. visitors annually, it reaches out to the ciate the great lengths that the fire de- ACT was launched in 1959 as the community with a variety of programs partment goes to in order to keep its American College Testing Program by and activities, and hosts daily visits by citizens safe. I want to honor every vol- a University of Iowa professor of edu- school groups—from prekindergarten unteer who, on a daily basis, risks his cation and colleagues from 16 Mid- through high school. Students and or her life to faithfully serve their western States. Their goal was to help youth groups learn by interacting with neighbors. college-bound students find a good the Center’s artifacts and many hands- Again, I congratulate the city of match for their interests and apti- on activities. Southgate’s Volunteer Fire Depart- tudes, and to help colleges and univer- As the center begins participation in ment on reaching their centennial sities place students into appropriate the Museum Assessment Program, it milestone. I know that the volunteers’ freshman-level classes. looks forward to an extended period of efforts are an inspiration to others in On November 7, 1959, about 75,000 stu- self-examination and peer review de- Kentucky and throughout the Nation.∑ dents took the first ACT assessment. signed to improve its operations and This year, nearly 1.5 million grad- f programming, and to identify current uating seniors 45 percent of all high and future challenges. 100TH ANIVERSARY OF PINEY school graduates in the Nation took I congratulate the Muscatine History WOODS SCHOOL the ACT exam. and Industry Center for taking this ∑ Mr. COCHRAN. Mr. President, I am From its relatively humble begin- giant step forward in its development pleased to congratulate the Piney nings a half century ago, ACT has as a museum. And I salute all the out- Woods School in Piney Woods, MS on grown into an enterprise with a global standing professionals and volunteers their 100th anniversary. The Piney reach. In addition to its testing and as- at the center whose vision and tireless Woods School was founded in 1909 by sessment services, it has developed pro- efforts have made this institution such Dr. Laurence C. Jones to educate the grams to prepare students for success an important part of Muscatine’s cul- head, heart, and hands of young people. in college. It has created the National tural life.∑ This transformative educational model Career Readiness Certificate, a tool f was first exhibited by teaching the that thousands of educators and em- children of poor sharecroppers to read. ployers nationwide use to confirm that RECOGNIZING THE UNIVERSITY Today, the school serves as a home, individuals have essential core employ- MUSEUMS and offers educational opportunities to ability skills. In addition, ACT is one ∑ Mr. HARKIN. Mr. President, I students from 23 States and 7 foreign of several partners in a new Manufac- would like to congratulate the Univer- countries. turing Skills Certification System de- sity Museums at Iowa State University The Piney Woods School is one of signed by the National Association of for earning formal accreditation by the only four historically African-Amer- Manufacturers, the Nation’s largest in- American Association of Museums, an ican boarding schools left in the United dustrial trade organization. honor that is bestowed on fewer than 10 States. Diligently preparing their stu- In addition to its Iowa City head- percent of museums across the United dents for institutions of higher learn- quarters, ACT has 12 field offices across States. ing, Piney Woods propels 98 percent of the United States, as well as offices in As a proud alumnus of Iowa State, I its graduates on to attend some of the Australia, Korea, China, Singapore, know that the university community best colleges and universities in the and Spain. It has a global workforce of takes great pride in its diverse collec- country. The school has been featured nearly 1,500. tion of museums, including the three on ‘‘60 Minutes’’ and ‘‘U.S. News and I salute all of the superb profes- museums that together make up Uni- World Report’’ for their commitment sionals at ACT, whose vision and hard versity Museums at Iowa State Univer- to educate our disadvantaged youth. work have built an organization re- sity: the Brunnier Art Museum, the Art The Piney Woods School has also spected worldwide for its innovation on Campus Collection, and the Farm made a commitment to service and and excellence. And I wish them even House Museum. leadership in their community, State, greater success in their next half cen- The Brunnier is dedicated to the dec- and country. The school was the first tury.∑ orative arts, including works by Grant high school in the Nation to incor- f Wood and Louis Comfort Tiffany. The porate an Americorps program into its Art on Campus Collection consists of curriculum. Each of the 50 members in RECOGNIZING THE MUSCATINE more than 2,000 works of public art lo- the senior class at Piney Woods School HISTORY AND INDUSTRY CENTER cated all across the campus in build- serves in the role of a quarter-time ∑ Mr. HARKIN. Mr. President, I would ings, courtyards, open spaces, and of- Americorps volunteer. In this capacity, like to congratulate the Muscatine His- fices. The Farm House Museum is a they are actively involved in providing tory & Industry Center for being se- wonderful 19th century house and a Na- service in disaster areas, building play- lected to participate in the rigorous tional Historic Landmark, offering grounds in inner cities, creating after- Museum Assessment Program spon- visitors a window into what life was school programs for youth in rural sored by the American Association of like on campus in the university’s ear- American communities, and providing Museums. liest days, when most faculty members online tutorial services for students. The entire Muscatine community lived on the college grounds. I congratulate the Piney Woods takes great pride in the History and In- These collections and museums make School on 100 great years and commend dustry Center’s success in showcasing a powerful contribution to the cultural

VerDate Nov 24 2008 03:13 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.005 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10360 CONGRESSIONAL RECORD — SENATE October 13, 2009 life of the ISU campus. They do so extended period of self-examination accompanying papers, reports, and doc- thanks to the quality of their art and peer review designed to improve its uments, and were referred as indicated: works and artifacts. Just as impor- operations and programming, and to EC–3305. A communication from the Attor- tantly, they do so by inviting the com- identify current and future challenges. ney Advisor, U.S. Coast Guard, Department munity to participate in special con- I congratulate the UNI Museums and of Homeland Security, transmitting, pursu- ferences, lectures, panel discussions, Collections for taking this important ant to law, the report of a rule entitled step forward in its development as an ‘‘Safety Zone; Fireworks Displays within the gallery walks, and gallery talks. Uni- Captain of the Port Puget Sound Zone’’ versity Museums has reinvented the institution. And I salute all the out- ((RIN1625–AA00) (Docket No. USG–2009–0752)) idea of the museum as an educational standing professionals and volunteers received in the Office of the President of the and intellectual center, reaching out whose vision and tireless efforts have Senate on October 7, 2009; to the Committee beyond the campus to the wider Ames contributed so much to the campus and on Commerce, Science, and Transportation. community, including K–12 schools, to the entire Cedar Falls community.∑ EC–3306. A communication from the Attor- with a wide range of cultural programs ney Advisor, U.S. Coast Guard, Department f of Homeland Security, transmitting, pursu- and activities. MESSAGES FROM THE PRESIDENT ant to law, the report of a rule entitled Accreditation by the American Asso- ‘‘Safety Zone; Calcasieu River, Hackberry, ciation of Museums does not come eas- Messages from the President of the Louisiana’’ ((RIN1625–AA87) (Docket No. ily. It involves a rigorous process in United States were communicated to USG–2009–0317)) received in the Office of the which a museum demonstrates its com- the Senate by Mrs. Williams, one of his President of the Senate on October 7, 2009; to mitment to the highest professional secretaries. the Committee on Commerce, Science, and standards, public service, and excel- f Transportation. EC–3307. A communication from the Attor- lence in education. University Muse- EXECUTIVE MESSAGES REFERRED ney Advisor, U.S. Coast Guard, Department ums at Iowa State University now of Homeland Security, transmitting, pursu- joins an elite group of 778 AAM-accred- As in executive session the Presiding ant to law, the report of a rule entitled ited institutions spanning the United Officer laid before the Senate messages ‘‘Safety Zone; IJSBA World Finals, Lower States. from the President of the United Colorado River, Lake Havasu, Arizona’’ I congratulate University Museums States submitting sundry nominations ((RIN1625–AA00) (Docket No. USG–2009–0194)) for this hard-earned recognition. And I and a withdrawal which were referred received in the Office of the President of the salute all the outstanding museum pro- to the appropriate committees. Senate on October 7, 2009; to the Committee (The nominations received today are on Commerce, Science, and Transportation. fessionals and volunteers whose vision EC–3308. A communication from the Attor- and tireless efforts have contributed so printed at the end of the Senate pro- ney Advisor, U.S. Coast Guard, Department much to the campus and to the entire ceedings.) of Homeland Security, transmitting, pursu- Ames community.∑ f ant to law, the report of a rule entitled ‘‘San Clemente Island Northwest Harbor October f MEASURES REFERRED and November Training; Northwest Harbor RECOGNIZING THE UNIVERSITY OF The following bill was read the first San Clemente Island, California’’ ((RIN1625– NORTHERN IOWA MUSEUMS AND and the second times by unanimous AA00) (Docket No. USG–2009–0747)) received COLLECTIONS consent, and referred as indicated: in the Office of the President of the Senate on October 7, 2009; to the Committee on Com- ∑ H.R. 3123. An act to direct the Secretary of Mr. HARKIN. Mr. President, I merce, Science, and Transportation. would like to congratulate the Univer- the Interior, acting through the Bureau of EC–3309. A communication from the Attor- sity of Northern Iowa Museums and Reclamation, to remedy problems caused by ney Advisor, U.S. Coast Guard, Department Collections for being selected to par- a collapsed drainage tunnel in Leadville, Col- of Homeland Security, transmitting, pursu- orado, and for other purposes; to the Com- ant to law, the report of a rule entitled ticipate in the rigorous Museum As- mittee on Energy and Natural Resources. sessment Program sponsored by the ‘‘Safety Zone; Robert Moses Causeway f American Association of Museums. Bridge State Boat Channel, Captree, New MEASURES PLACED ON THE York’’ ((RIN1625–AA00) (Docket No. USG– I know that the university and the 2009–0755)) received in the Office of the Presi- entire Cedar Falls community take CALENDAR dent of the Senate on October 7, 2009; to the great pride in the University Museum, The following bills were read the sec- Committee on Commerce, Science, and the Marshall Center School, and the ond time, and placed on the calendar: Transportation. EC–3310. A communication from the Attor- various collections that they encom- S. 1772. A bill to require that all legislative ney Advisor, U.S. Coast Guard, Department pass. The University Museum’s collec- matters be available and fully scored by CBO of Homeland Security, transmitting, pursu- tions and temporary exhibits focus on 72 hours before consideration by any sub- ant to law, the report of a rule entitled committee or committee of the Senate or on the natural world and traditional cul- ‘‘Safety Zone; Cape Charles Tomato Festival the floor of the Senate. tures. The Marshall Center School is a Fireworks Event, Chesapeake Bay, Cape H.R. 3548. An act to amend the Supple- restored one-room schoolhouse, with a Charles, Virginia’’ ((RIN1625–AA00) (Docket mental Appropriations Act, 2008 to provide permanent exhibit celebrating Iowa’s No. USG–2009–0529)) received in the Office of for the temporary availability of certain ad- the President of the Senate on October 7, rural schools. ditional emergency unemployment com- 2009; to the Committee on Commerce, These museums and collections make pensation, and for other purposes. Science, and Transportation. a powerful contribution to the cultural H.R. 3590. An act to amend the Internal EC–3311. A communication from the Attor- life of the UNI campus. They do so Revenue Code of 1986 to modify the first-time ney Advisor, U.S. Coast Guard, Department homebuyers credit in the case of members of thanks to the quality of their exhibits of Homeland Security, transmitting, pursu- the Armed Forces and certain other Federal and artifacts. Just as importantly, ant to law, the report of a rule entitled employees, and for other purposes. they do so by inviting the community ‘‘Safety Zone; Parker US Open Nationals; to participate in special conferences, f Parker, Arizona’’ ((RIN1625–AA00) (Docket lectures, panel discussions, and other MEASURES READ THE FIRST TIME No. USG–2009–0474)) received in the Office of activities. The university views its mu- the President of the Senate on October 7, seums not as static institutions but as The following bill was read the first 2009; to the Committee on Commerce, active educational and intellectual time: Science, and Transportation. S. 1776. A bill to amend title XVIII of the EC–3312. A communication from the Attor- centers, reaching out beyond the cam- ney Advisor, U.S. Coast Guard, Department pus to the wider Cedar Falls commu- Social Security Act to provide for the update under the Medicare physician fee schedule of Homeland Security, transmitting, pursu- nity, including K–12 schools. for years beginning with 2010 and to sunset ant to law, the report of a rule entitled The UNI Museums and Collections the application of the sustainable growth ‘‘Safety Zone and Regulated Navigation have been accredited by the American rate formula, and for other purposes. Area, Chicago Sanitary and Ship Canal, Romeoville, Illinois’’ ((RIN1625–AA11) (Dock- Association of Museums since 1975—an f honor that is bestowed on fewer than 10 et No. USG–2009–0767)) received in the Office percent of museums in the United EXECUTIVE AND OTHER of the President of the Senate on October 7, COMMUNICATIONS 2009; to the Committee on Commerce, States. As this institution now begins Science, and Transportation. participation in the Museum Assess- The following communications were EC–3313. A communication from the Attor- ment Program, it looks forward to an laid before the Senate, together with ney Advisor, U.S. Coast Guard, Department

VerDate Nov 24 2008 03:13 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.007 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10361 of Homeland Security, transmitting, pursu- the Committee on Commerce, Science, and Fish and Wildlife Services, Department of ant to law, the report of a rule entitled Transportation. the Interior, transmitting, pursuant to law, ‘‘Safety Zone and Regulated Navigation EC–3322. A communication from the Sec- the report of a rule entitled ‘‘Endangered Area, Chicago Sanitary and Ship Canal, retary of Transportation, transmitting, pur- and Threatened Wildlife and Plants; Listing Romeoville, Illinois’’ ((RIN1625–AA11) (Dock- suant to law, a report relative to the expend- Lepidium papilliferum (Slickspot et No. USG–2009–0789)) received in the Office iture of funds under the Recovery Act; to the Peppergrass) as a Threatened Species of the President of the Senate on October 7, Committee on Commerce, Science, and Throughout Its Range’’ (RIN1018–AW34) re- 2009; to the Committee on Commerce, Transportation. ceived in the Office of the President of the Science, and Transportation. EC–3323. A communication from the Acting Senate on October 7, 2009; to the Committee EC–3314. A communication from the Attor- Assistant Administrator for Fisheries, Na- on Environment and Public Works. ney Advisor, U.S. Coast Guard, Department tional Marine Fisheries Services, Depart- EC–3331. A communication from the Chief of Homeland Security, transmitting, pursu- ment of Commerce, transmitting, pursuant of the Endangered Species Listing Branch, ant to law, the report of a rule entitled to law, the report of a rule entitled ‘‘Fish- Fish and Wildlife Services, Department of ‘‘Safety Zone and Regulated Navigation eries in the Western Pacific; Bottomfish and the Interior, transmitting, pursuant to law, Area, Chicago Sanitary and Ship Canal, Seamount Groundfish Fisheries; 2009–10 Main the report of a rule entitled ‘‘Endangered Romeoville, Illinois’’ ((RIN1625–AA11) (Dock- Hawaiian Islands Bottomfish Total Allow- and Threatened Wildlife and Plants; Des- et No. USG–2009–0884)) received in the Office able Catch’’ (RIN0648–XQ14) received in the ignation of Critical Habitat for the South- of the President of the Senate on October 7, Office of the President of the Senate on Oc- west Alaska Distinct Population Segment of 2009; to the Committee on Commerce, tober 2, 2009; to the Committee on Com- the Northern Sea Otter’’ (RIN1018–AV92) re- Science, and Transportation. merce, Science, and Transportation. ceived in the Office of the President of the EC–3315. A communication from the Attor- EC–3324. A communication from the Acting Senate on October 7, 2009; to the Committee ney Advisor, U.S. Coast Guard, Department Director of Sustainable Fisheries, National on Environment and Public Works. of Homeland Security, transmitting, pursu- Marine Fisheries Services, Department of EC–3332. A communication from the Chief ant to law, the report of a rule entitled Commerce, transmitting, pursuant to law, of the Publications and Regulations Branch, ‘‘Safety Zone; Naval Training October and the report of a rule entitled ‘‘Fisheries of the Internal Revenue Service, Department of the November; San Clemente Island, California’’ Exclusive Economic Zone Off Alaska; Re- Treasury, transmitting, pursuant to law, the ((RIN1625–AA00) (Docket No. USG–2009–0748)) allocation of Pacific Cod in the Bering Sea report of a rule entitled ‘‘Industry Director’s received in the Office of the President of the and Aleutian Islands Management Area’’ Directive No. 5 on Mixed Service Costs’’ Senate on October 7, 2009; to the Committee (RIN0648–XR71) received in the Office of the (LMSB–4–0809–033) received in the Office of on Commerce, Science, and Transportation. President of the Senate on October 2, 2009; to the President of the Senate on October 7, EC–3316. A communication from the Attor- the Committee on Commerce, Science, and 2009; to the Committee on Finance. ney Advisor, U.S. Coast Guard, Department Transportation. EC–3333. A communication from the Chief EC–3325. A communication from the Acting of Homeland Security, transmitting, pursu- of the Trade and Commercial Regulations Director of Sustainable Fisheries, National ant to law, the report of a rule entitled ‘‘Se- Branch, Customs and Border Protection, De- Marine Fisheries Services, Department of curity and Safety Zone; Cruise Ship Protec- partment of Homeland Security, transmit- Commerce, transmitting, pursuant to law, tion, Elliott Bay and Pier–91, Seattle, Wash- ting, pursuant to law, the report of a rule en- the report of a rule entitled ‘‘Fisheries Off ington’’ ((RIN1625–AA00) (Docket No. USG– titled ‘‘Customs Broker License Examina- West Coast States; Coastal Pelagic Species 2009–0331)) received in the Office of the Presi- tion Appeals’’ (CPB Dec. 09–38) received in Fisheries; Closure’’ (RIN0648–XR63) received dent of the Senate on October 7, 2009; to the the Office of the President of the Senate on in the Office of the President of the Senate October 7, 2009; to the Committee on Fi- Committee on Commerce, Science, and on October 2, 2009; to the Committee on Com- nance. Transportation. merce, Science, and Transportation. EC–3334. A communication from the Office EC–3317. A communication from the Attor- EC–3326. A communication from the Acting Manager, Centers for Medicare and Medicaid ney Advisor, U.S. Coast Guard, Department Director of Sustainable Fisheries, National Services, Department of Health and Human of Homeland Security, transmitting, pursu- Marine Fisheries Services, Department of Services, transmitting, pursuant to law, the ant to law, the report of a rule entitled Commerce, transmitting, pursuant to law, report of a rule entitled ‘‘Interim Final ‘‘Large Passenger Vessel Crew Require- the report of a rule entitled ‘‘Magnuson–Ste- Rules Prohibiting Discrimination Based on ments’’ ((RIN1625–AB16) (Docket No. USG– vens Fishery Conservation and Management Genetic Information in Health Insurance 2007–27761)) received in the Office of the Act Provisions; Fisheries of the North- Coverage and Group Health Plans’’ (RIN0938– President of the Senate on October 7, 2009; to eastern United States; Atlantic Sea Scallop AP37) received in the Office of the President the Committee on Commerce, Science, and Fishery; Closure of the Limited Access Gen- of the Senate on October 7, 2009; to the Com- Transportation. eral Category Scallop Fishery to Individual mittee on Finance. EC–3318. A communication from the Attor- Fishing Quota Scallop Vessels’’ (RIN0648– f ney, U.S. Coast Guard, Department of Home- XR58) received in the Office of the President land Security, transmitting, pursuant to of the Senate on October 2, 2009; to the Com- REPORTS OF COMMITTEES law, the report of a rule entitled ‘‘Safety mittee on Commerce, Science, and Transpor- The following reports of committees Zone; Sabine River, Orange, Texas’’ tation. ((RIN1625–AA00) (Docket No. USG–2009–0359)) EC–3327. A communication from the Attor- were submitted: received in the Office of the President of the ney Advisor, U.S. Coast Guard, Department By Mr. LEAHY, from the Committee on Senate on October 7, 2009; to the Committee of Homeland Security, transmitting, pursu- the Judiciary, with an amendment in the na- on Commerce, Science, and Transportation. ant to law, the report of a rule entitled ture of a substitute: EC–3319. A communication from the Attor- ‘‘Drawbridge Operation Regulations; Raritan S. 1692. A bill to extend the sunset of cer- ney, U.S. Coast Guard, Department of Home- River, Arthur Kill and Their Tributaries, tain provisions of the USA PATRIOT Act land Security, transmitting, pursuant to Staten Island, New York and Elizabeth, New and the authority to issue national security law, the report of a rule entitled ‘‘Safety Jersey’’ ((RIN1625–AA09)(Docket No. USG– letters, and for other purposes. Zone; Hood Canal Bridge Cable Laying Oper- 2009–0202)) received in the Office of the Presi- f ation, Hood Canal, Washington’’ ((RIN1625– dent of the Senate on October 5, 2009; to the AA00) (Docket No. USG–2009–0496)) received Committee on Commerce, Science, and INTRODUCTION OF BILLS AND in the Office of the President of the Senate Transportation. JOINT RESOLUTIONS on October 7, 2009; to the Committee on Com- EC–3328. A communication from the Sec- The following bills and joint resolu- merce, Science, and Transportation. retary of the Commission, Office of the Gen- tions were introduced, read the first EC–3320. A communication from the Attor- eral Counsel, Federal Trade Commission, and second times by unanimous con- ney, U.S. Coast Guard, Department of Home- transmitting, pursuant to law, the report of land Security, transmitting, pursuant to a rule entitled ‘‘Rules of Practice’’ (16 CFR sent, and referred as indicated: law, the report of a rule entitled ‘‘Special Parts 3 and 4) received in the Office of the By Ms. LANDRIEU: Local Regulation for Marine Events; President of the Senate on October 2, 2009; to S. 1773. A bill to amend title XVIII of the Mattaponi River, Wakema, Virginia’’ the Committee on Commerce, Science, and Social Security Act to provide for coverage ((RIN1625–AA08)(Docket No. USG–2009–0460)) Transportation. of comprehensive cancer care planning under received in the Office of the President of the EC–3329. A communication from the Acting the Medicare Program and to improve the Senate on October 7, 2009; to the Committee Director, Office of Surface Mining, Depart- care furnished to individuals diagnosed with on Commerce, Science, and Transportation. ment of the Interior, transmitting, pursuant cancer by establishing a Medicare hospice EC–3321. A communication from the Attor- to law, the report of a rule entitled ‘‘Wyo- care demonstration program and grant pro- ney Advisor, U.S. Coast Guard, Department ming Regulatory Program’’ (SATS No. WY– grams for cancer palliative care and symp- of Homeland Security, transmitting, pursu- 035–FOR) received in the Office of the Presi- tom management programs, provider edu- ant to law, the report of a rule entitled ‘‘Spe- dent of the Senate on October 8, 2009; to the cation, and related research; to the Com- cial Anchorage Areas; Henderson Harbor, Committee on Energy and Natural Re- mittee on Finance. New York’’ ((RIN1625–AA01)(Docket No. sources. By Mr. WEBB (for himself, Mr. ALEX- USG–2009–0854)) received in the Office of the EC–3330. A communication from the Chief ANDER, Mr. CORKER, and Mr. UDALL of President of the Senate on October 7, 2009; to of the Endangered Species Listing Branch, Colorado):

VerDate Nov 24 2008 03:13 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.027 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10362 CONGRESSIONAL RECORD — SENATE October 13, 2009 S. 1774. A bill for the relief of Hotaru sor of S. 659, a bill to improve the S. 1019 Nakama Ferschke; to the Committee on the teaching and learning of American his- At the request of Mr. HARKIN, the Judiciary. tory and civics. name of the Senator from Connecticut By Mr. BAYH (for himself, Mr. SES- S. 831 (Mr. DODD) was added as a cosponsor of SIONS, Mr. BENNET, Mr. LIEBERMAN, Mr. INHOFE, Mr. WHITEHOUSE, Mr. At the request of Mr. KERRY, the S. 1019, a bill to amend the Internal NELSON of Nebraska, Mr. BAUCUS, Mr. name of the Senator from Washington Revenue Code of 1986 to allow a credit SCHUMER, Mr. SPECTER, Ms. (Ms. CANTWELL) was added as a cospon- against income tax for the purchase of KLOBUCHAR, Mr. UDALL of Colorado, sor of S. 831, a bill to amend title 10, hearing aids. Mr. BINGAMAN, and Mr. DODD): United States Code, to include service S. 1065 S. 1775. A bill to amend the Higher Edu- after September 11, 2001, as service At the request of Ms. MURKOWSKI, her cation Act of 1965 to provide that interest qualifying for the determination of a shall not accrue on Federal Direct Loans for name was added as a cosponsor of S. members of the Armed Forces on active duty reduced eligibility age for receipt of 1065, a bill to authorize State and local regardless of the date of disbursement; to the non-regular service retired pay. governments to direct divestiture Committee on Health, Education, Labor, and S. 870 from, and prevent investment in, com- Pensions. At the request of Mrs. LINCOLN, the panies with investments of $20,000,000 By Ms. STABENOW: name of the Senator from Idaho (Mr. or more in Iran’s energy sector, and for S. 1776. A bill to amend title XVIII of the RISCH) was added as a cosponsor of S. Social Security Act to provide for the update other purposes. under the Medicare physician fee schedule 870, a bill to amend the Internal Rev- At the request of Mr. BROWNBACK, the for years beginning with 2010 and to sunset enue Code of 1986 to expand the credit name of the Senator from New Jersey the application of the sustainable growth for renewable electricity production to (Mr. LAUTENBERG) was added as a co- rate formula, and for other purposes; read include electricity produced from bio- sponsor of S. 1065, supra. the first time. mass for on-site use and to modify the S. 1121 By Mr. UDALL of Colorado: credit period for certain facilities pro- S. 1777. A bill to facilitate the remediation ducing electricity from open-loop bio- At the request of Mr. HARKIN, the of abandoned hardrock mines, and for other mass. name of the Senator from Ohio (Mr. purposes; to the Committee on Environment BROWN) was added as a cosponsor of S. S. 883 and Public Works. 1121, a bill to amend part D of title V At the request of Mr. KERRY, the f of the Elementary and Secondary Edu- names of the Senator from New Hamp- cation Act of 1965 to provide grants for SUBMISSION OF CONCURRENT AND shire (Mr. GREGG), the Senator from the repair, renovation, and construc- SENATE RESOLUTIONS Colorado (Mr. BENNET), the Senator tion of elementary and secondary from Kentucky (Mr. BUNNING), the Sen- The following concurrent resolutions schools, including early learning facili- ator from Rhode Island (Mr. REED), the and Senate resolutions were read, and ties at the elementary schools. referred (or acted upon), as indicated: Senator from Tennessee (Mr. CORKER), S. 1326 By Mr. LUGAR (for himself, Mr. the Senator from Montana (Mr. TEST- INHOFE, and Mr. BOND): ER), the Senator from Minnesota (Mr. At the request of Mr. BAYH, the name S. Res. 311. A resolution encouraging the FRANKEN), the Senator from New York of the Senator from Arkansas (Mrs. United States Trade Representative to pur- (Mrs. GILLIBRAND), the Senator from LINCOLN) was added as a cosponsor of S. sue a free trade agreement between the Indiana (Mr. BAYH), the Senator from 1326, a bill to amend the American Re- United States and the Association of South- Utah (Mr. BENNETT), the Senator from covery and Reinvestment Tax Act of east Asian Nations; to the Committee on Fi- Oregon (Mr. MERKLEY) and the Senator 2009 to clarify the low-income housing nance. NOWE credits that are eligible for the low-in- By Mr. DODD (for himself, Mr. DURBIN, from Maine (Ms. S ) were added as come housing grant election, and for Mr. CARDIN, and Mr. BOND): cosponsors of S. 883, a bill to require S. Res. 312. A resolution expressing the the Secretary of the Treasury to mint other purposes. sense of the Senate on empowering and coins in recognition and celebration of S. 1340 strengthening the United States Agency for the establishment of the Medal of At the request of Mr. LEAHY, the International Development (USAID); to the Honor in 1861, America’s highest award name of the Senator from Arizona (Mr. Committee on Foreign Relations. for valor in action against an enemy KYL) was added as a cosponsor of S. By Ms. MURKOWSKI (for herself, Mr. force which can be bestowed upon an SCHUMER, Mr. GRASSLEY, Mrs. 1340, a bill to establish a minimum HUTCHISON, Mr. MENENDEZ, Mr. individual serving in the Armed Serv- funding level for programs under the CRAPO, and Mr. BENNETT): ices of the United States, to honor the Victims of Crime Act of 1984 for fiscal S. Res. 313. A resolution supporting the American military men and women years 2010 to 2014 that ensures a reason- goals and ideals of Red Ribbon Week, 2009; who have been recipients of the Medal able growth in victim programs with- considered and agreed to. of Honor, and to promote awareness of out jeopardizing the long-term sustain- f what the Medal of Honor represents ability of the Crime Victims Fund. and how ordinary Americans, through ADDITIONAL COSPONSORS S. 1341 courage, sacrifice, selfless service and At the request of Mr. MENENDEZ, the S. 640 patriotism, can challenge fate and names of the Senator from Indiana At the request of Mr. LEMIEUX, his change the course of history. (Mr. BAYH) and the Senator from Illi- name was added as a cosponsor of S. S. 994 nois (Mr. DURBIN) were added as co- 640, a bill to provide Congress a second At the request of Ms. KLOBUCHAR, the look at wasteful spending by estab- sponsors of S. 1341, a bill to amend the name of the Senator from Florida (Mr. Internal Revenue Code of 1986 to im- lishing enhanced rescission authority LEMIEUX) was added as a cosponsor of under fast-track procedures. pose an excise tax on certain proceeds S. 994, a bill to amend the Public received on SILO and LILO trans- S. 654 Health Service Act to increase aware- actions. At the request of Ms. MIKULSKI, the ness of the risks of breast cancer in name of the Senator from Maryland young women and provide support for S. 1382 (Mr. CARDIN) was added as a cosponsor young women diagnosed with breast At the request of Mr. DODD, the name of S. 654, a bill to amend title XIX of cancer. of the Senator from Vermont (Mr. the Social Security Act to cover physi- S. 1012 SANDERS) was added as a cosponsor of cian services delivered by podiatric At the request of Mr. ROCKEFELLER, S. 1382, a bill to improve and expand physicians to ensure access by Med- the name of the Senator from Massa- the Peace Corps for the 21st century, icaid beneficiaries to appropriate qual- chusetts (Mr. KERRY) was added as a and for other purposes. ity foot and ankle care. cosponsor of S. 1012, a bill to require S. 1389 S. 659 the Secretary of the Treasury to mint At the request of Mr. NELSON of Ne- At the request of Mr. ALEXANDER, the coins in commemoration of the centen- braska, the name of the Senator from name of the Senator from Mississippi nial of the establishment of Mother’s Arkansas (Mrs. LINCOLN) was added as (Mr. COCHRAN) was added as a cospon- Day. a cosponsor of S. 1389, a bill to clarify

VerDate Nov 24 2008 03:13 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.035 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10363 the exemption for certain annuity con- (Mr. DODD) was added as a cosponsor of for the Departments of Commerce and tracts and insurance policies from Fed- S. 1652, a bill to amend part B of the In- Justice, and Science, and Related eral regulation under the Securities dividuals with Disabilities Education Agencies for the fiscal year ending Sep- Act of 1933. Act to provide full Federal funding of tember 30, 2010, and for other purposes. S. 1441 such part. AMENDMENT NO. 2668 At the request of Mr. WYDEN, the S. 1657 At the request of Mr. REID, the name name of the Senator from Oregon (Mr. At the request of Mr. NELSON of Flor- of the Senator from Connecticut (Mr. MERKLEY) was added as a cosponsor of ida, the name of the Senator from LIEBERMAN) was added as a cosponsor S. 1441, a bill to amend title 38, United Texas (Mr. CORNYN) was added as a co- of amendment No. 2668 intended to be States Code, to grant family of mem- sponsor of S. 1657, a bill to amend the proposed to H.R. 3548, a bill to amend bers of the uniformed services tem- Internal Revenue Code of 1986 to mod- the Supplemental Appropriations Act, porary annual leave during the deploy- ify the exception from the 10 percent 2008 to provide for the temporary avail- ment of such members. penalty for early withdrawals from ability of certain additional emergency S. 1472 government plans for qualified public unemployment compensation, and for At the request of Mr. DURBIN, the safety employees. other purposes. name of the Senator from Maryland S. 1659 AMENDMENT NO. 2670 (Mr. CARDIN) was added as a cosponsor At the request of Mr. CASEY, the At the request of Mr. DURBIN, the of S. 1472, a bill to establish a section name of the Senator from Pennsyl- name of the Senator from Illinois (Mr. within the Criminal Division of the De- vania (Mr. SPECTER) was added as a co- BURRIS) was added as a cosponsor of partment of Justice to enforce human sponsor of S. 1659, a bill to enhance amendment No. 2670 intended to be pro- rights laws, to make technical and con- penalties for violations of securities posed to H.R. 2847, a bill making appro- forming amendments to criminal and protections that involve targeting sen- priations for the Departments of Com- immigration laws pertaining to human iors. merce and Justice, and Science, and Related Agencies for the fiscal year rights violations, and for other pur- S. 1681 ending September 30, 2010, and for poses. At the request of Mr. LEAHY, the other purposes. S. 1492 name of the Senator from Oregon (Mr. At the request of Ms. MIKULSKI, the WYDEN) was added as a cosponsor of S. f name of the Senator from Ohio (Mr. 1681, a bill to ensure that health insur- STATEMENTS ON INTRODUCED BROWN) was added as a cosponsor of S. ance issuers and medical malpractice BILLS AND JOINT RESOLUTIONS 1492, a bill to amend the Public Health insurance issuers cannot engage in By Ms. LANDRIEU: Service Act to fund breakthroughs in price fixing, bid rigging, or market al- S. 1773. A bill to amend title XVIII of Alzheimer’s disease research while pro- locations to the detriment of competi- the Social Security Act to provide for viding more help to caregivers and in- tion and consumers. coverage of comprehensive cancer care creasing public education about pre- S. 1700 planning under the Medicare Program vention. At the request of Mr. LUGAR, the and to improve the care furnished to S. 1535 name of the Senator from Illinois (Mr. individuals diagnosed with cancer by At the request of Mrs. FEINSTEIN, the DURBIN) was added as a cosponsor of S. establishing a Medicare hospice care name of the Senator from California 1700, a bill to require certain issuers to demonstration program and grant pro- (Mrs. BOXER) was added as a cosponsor disclose payments to foreign govern- grams for cancer palliative care and of S. 1535, a bill to amend the Fish and ments for the commercial development symptom management programs, pro- Wildlife Act of 1956 to establish addi- of oil, natural gas, and minerals, to ex- vider education, and related research; tional prohibitions on shooting wildlife press the sense of Congress that the to the Committee on Finance. from aircraft, and for other purposes. President should disclose any payment Ms. LANDRIEU. Mr. President, it is S. 1536 relating to the commercial develop- my pleasure today to introduce the At the request of Mr. SCHUMER, the ment of oil, natural gas, and minerals Comprehensive Cancer Care Improve- name of the Senator from New Jersey on Federal land, and for other pur- ment Act, a bill to improve cancer care (Mr. LAUTENBERG) was added as a co- poses. quality by encouraging the develop- sponsor of S. 1536, a bill to amend title S. 1739 ment of written plans for cancer care. 23, United States Code, to reduce the At the request of Mr. DODD, the name The U.S. has a system of cancer care amount of Federal highway funding of the Senator from Wisconsin (Mr. that is the envy of all nations for its available to States that do not enact a FEINGOLD) was added as a cosponsor of technical superiority and the sophis- law prohibiting an individual from S. 1739, a bill to promote freedom of the tication of treatment offered to many writing, sending, or reading text mes- press around the world. patients. Unfortunately, not all Ameri- sages while operating a motor vehicle. S. 1749 cans receive the best care the Nation has to offer. S. 1553 At the request of Mrs. FEINSTEIN, the The Comprehensive Cancer Care Im- At the request of Mr. GRASSLEY, the name of the Senator from Utah (Mr. provement Act would take a step to- name of the Senator from Wyoming HATCH) was added as a cosponsor of S. wards ensuring that all Americans (Mr. ENZI) was added as a cosponsor of 1749, a bill to amend title 18, United have access to cancer care of the high- S. 1553, a bill to require the Secretary States Code, to prohibit the possession est quality. The bill would authorize a of the Treasury to mint coins in com- or use of cell phones and similar wire- Medicare service for cancer care plan- memoration of the National Future less devices by Federal prisoners. ning and encourage the adoption of Farmers of America Organization and S. RES. 295 care planning as a routine practice in the 85th anniversary of the founding of At the request of Mr. BAYH, the all cancer care settings. The Institute the National Future Farmers of Amer- names of the Senator from California of Medicine, IOM, has identified as ica Organization. (Mrs. BOXER) and the Senator from critical to high-quality cancer care the S. 1583 Minnesota (Ms. KLOBUCHAR) were added development of plans of care at the be- At the request of Mr. ROCKEFELLER, as cosponsors of S. Res. 295, a resolu- ginning of cancer treatment and at the the name of the Senator from Nevada tion designating October 13, 2009, as transition to survivorship. Moreover, (Mr. ENSIGN) was added as a cosponsor ‘‘National Metastatic Breast Cancer the debate on health care reform has of S. 1583, a bill to amend the Internal Awareness Day’’. highlighted care coordination to im- Revenue Code of 1986 to extend the new AMENDMENT NO. 2644 prove efficiency and reduce unneces- markets tax credit through 2014, and At the request of Mr. VITTER, the sary utilization of health care re- for other purposes. name of the Senator from Oklahoma sources. Care planning facilitates the S. 1652 (Mr. INHOFE) was added as a cosponsor coordination of cancer care. At the request of Mr. HARKIN, the of amendment No. 2644 proposed to The need for this legislation was first name of the Senator from Connecticut H.R. 2847, a bill making appropriations brought to my attention in dramatic

VerDate Nov 24 2008 03:13 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.033 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10364 CONGRESSIONAL RECORD — SENATE October 13, 2009 fashion in the aftermath of Hurricane Sec. 102. Demonstration project to provide (9) In its report, ‘‘From Cancer Patient to Katrina, when cancer patients and comprehensive cancer care Cancer Survivor: Lost in Transition’’, the In- their physicians scurried to recreate symptom management services stitute of Medicine recommended that indi- their records in order to minimize under Medicare. viduals with cancer completing primary interruptions in care and to prevent TITLE II—COMPREHENSIVE PALLIATIVE treatment be provided a comprehensive summary of their care along with a follow-up any duplication of care. Some of the CARE AND SYMPTOM MANAGEMENT PROGRAMS survivorship plan of treatment. problems that cancer patients encoun- Sec. 201. Grants for comprehensive pallia- (10) Since more than half of all cancer di- tered could have been eliminated if tive care and symptom manage- agnoses occur among elderly Medicare bene- they had possessed written care plans. ment programs. ficiaries, the problems of providing cancer In a moving statement at a Hill brief- TITLE III—PROVIDER EDUCATION RE- care are problems of the Medicare program. ing in 2007, one of my constituents de- GARDING PALLIATIVE CARE AND (11) Shortcomings in providing cancer care, scribed her efforts to create her own SYMPTOM MANAGEMENT resulting in inadequate management of cancer symptoms and insufficient monitoring care plan by grabbing various docu- Sec. 301. Grants to improve health profes- and treatment of late effects of cancer and ments that had been supplied by her sional education. its treatment, are related to problems of Sec. 302. Grants to improve Continuing Pro- oncologist as she was being evacuated Medicare payments for such care, inadequate fessional Education. from her home. Although not as useful professional training, and insufficient in- as a clear care plan, these documents TITLE IV—RESEARCH ON END-OF-LIFE vestment in research on symptom manage- helped that patient and her new physi- TOPICS FOR CANCER PATIENTS ment. cian chart her course of care. The expe- Sec. 401. Research program. (12) Changes in Medicare payment for com- rience taught us that key recommenda- SEC. 2. FINDINGS. prehensive cancer care, enhanced public and tions from the IOM related to cancer The Congress makes the following findings: professional education regarding symptom (1) Individuals with cancer often do not management, and more research related to care—and especially the recommenda- have access to a cancer care system that pro- tion for cancer care planning should be symptom management and palliative care vides comprehensive and coordinated care of will enhance patient decision-making about taken off the shelf and put into action. high quality. treatment options and will contribute to im- There are many advantages of writ- (2) The cancer care system has not tradi- proved care for individuals with cancer from ten cancer care plans for patients, phy- tionally offered individuals with cancer a the time of diagnosis of the individual sicians, and the entire health care sys- prospective and comprehensive plan for through the end of the life of the individual. tem. Patients report that they are em- treatment and symptom management, strategies for updating and evaluating such plan TITLE I—COMPREHENSIVE CANCER CARE powered by receiving care plans that UNDER THE MEDICARE PROGRAM spell out choices, facilitate the coordi- with the assistance of a health care professional, and a follow-up plan for monitoring SEC. 101. COVERAGE OF CANCER CARE PLAN- nation of treatment and symptom and treating possible late effects of cancer NING SERVICES. management, and identify the follow- and its treatment. (a) IN GENERAL.—Section 1861 of the Social up services they will need post-treat- (3) Cancer survivors often experience the Security Act (42 U.S.C. 1395x) is amended— ment. Physicians say that communica- under-diagnosis and under-treatment of the (1) in subsection (s)(2)— tion with their patients is improved by symptoms of cancer, a problem that begins (A) by striking ‘‘and’’ at the end of sub- developing and sharing care plans that at the time of diagnosis and often becomes paragraph (DD); are clear and concise, and some prac- more severe at the end of life. The failure to (B) by adding ‘‘and’’ at the end of subpara- tices that have adopted care planning treat the symptoms, side effects, and late ef- graph (EE); and fects of cancer and its treatment may have a say that they are observing the identi- (C) by adding at the end the following new serious adverse impact on the health, well- subparagraph: fication and elimination of duplicative being, and quality of life of cancer survivors. ‘‘(FF) comprehensive cancer care planning tests and procedures and an overall (4) Cancer survivors who are members of services (as defined in subsection (hhh));’’; greater efficiency in care, all achieved racial and ethnic minority groups may face and while enhancing quality of care and pa- special obstacles in receiving cancer care (2) by adding at the end the following new tient satisfaction. that is coordinated and includes appropriate subsection: management of cancer symptoms and treat- The Comprehensive Cancer Care Im- ‘‘Comprehensive Cancer Care Planning ment side effects. provement Act, introduced in the Services (5) Individuals with cancer are sometimes House of Representatives by Represent- put in the untenable position of choosing be- ‘‘(hhh)(1) The term ‘comprehensive cancer atives LOIS CAPPS and CHARLES tween potentially curative therapies and pal- care planning services’ means— BOUSTANY, establishes a new Medicare liative care instead of being assured access ‘‘(A) with respect to an individual who is service for cancer care planning and to comprehensive care that includes appro- diagnosed with cancer, the development of a authorizes programs that are aimed at priate treatment and symptom management. plan of care that— increasing the utilization of care plan- (6) Comprehensive cancer care should in- ‘‘(i) details, to the greatest extent prac- ning in all cancer care settings and en- corporate access to psychosocial services and ticable, all aspects of the care to be provided suring access to care plans by under- management of the symptoms of cancer (and to the individual, with respect to the treat- the symptoms of its treatment), including ment of such cancer, including any curative served populations. I urge my col- pain, nausea and vomiting, fatigue, and de- treatment and comprehensive symptom leagues to join me in cosponsoring this pression. management (such as palliative care) in- legislation to enhance cancer patients’ (7) Comprehensive cancer care should involved; access to quality care. clude a means for providing cancer survivors ‘‘(ii) is furnished in written form to the in- Mr. President, I ask unanimous con- with a comprehensive care summary and a dividual in person within a period specified sent that the text of the bill be printed plan for follow-up care after primary treat- by the Secretary that is as soon as prac- in the RECORD. ment to ensure that cancer survivors have ticable after the date on which the indi- There being no objection, the text of access to follow-up monitoring and treat- vidual is so diagnosed; the bill was ordered to be printed in ment of possible late effects of cancer and ‘‘(iii) is furnished, to the greatest extent cancer treatment. practicable, in a form that appropriately the RECORD, as follows: (8) The Institute of Medicine report, ‘‘En- takes into account cultural and linguistic S. 1773 suring Quality Cancer Care’’, described the needs of the individual in order to make the Be it enacted by the Senate and House of Rep- elements of quality care for an individual plan accessible to the individual; and resentatives of the United States of America in with cancer to include— ‘‘(iv) is in accordance with standards deter- Congress assembled, (A) the development of initial treatment mined by the Secretary to be appropriate; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. recommendations by an experienced health ‘‘(B) with respect to an individual for (a) SHORT TITLE.—This Act may be cited as care provider; whom a plan of care has been developed the ‘‘Comprehensive Cancer Care Improve- (B) the development of a plan for the under subparagraph (A), the revision of such ment Act of 2009’’. course of treatment of the individual and plan of care as necessary to account for any (b) TABLE OF CONTENTS.—The table of con- communication of the plan to the individual; substantial change in the condition of the in- tents of this Act is as follows: (C) access to the resources necessary to im- dividual, if such revision— Sec. 1. Short title; table of contents. plement the course of treatment; ‘‘(i) is in accordance with clauses (i) and Sec. 2. Findings. (D) access to high-quality clinical trials; (iii) of such subparagraph; and TITLE I—COMPREHENSIVE CANCER (E) a mechanism to coordinate services for ‘‘(ii) is furnished in written form to the in- CARE UNDER THE MEDICARE PROGRAM the treatment of the individual; and dividual within a period specified by the Sec- Sec. 101. Coverage of cancer care planning (F) psychosocial support services and com- retary that is as soon as practicable after services. passionate care for the individual. the date of such revision;

VerDate Nov 24 2008 03:13 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.049 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10365 ‘‘(C) with respect to an individual who has ices described in subparagraphs (A) through (4) establishing an outreach program to completed the primary treatment for cancer, (I) of section 1861(dd)(1) of the Social Secu- partner with an existing comprehensive care as defined by the Secretary (such as comple- rity Act, furnished by an eligible entity, in program and obtain expert consultative serv- tion of chemotherapy or radiation treat- accordance with a plan developed under sub- ices and advice. ment), the development of a follow-up cancer paragraph (A) or (C) of section 1861(hhh)(1) of (c) DISTRIBUTION OF FUNDS.—In making care plan that— such Act, as added by section 101(a). Sections grants and distributing the funds under this ‘‘(i) describes the elements of the primary 1812(d) and 1814(a)(7) of such Act (42 U.S.C. section, the Secretary shall ensure that— treatment, including symptom management, 1395d(d), 1395f(a)(7)) are not applicable to (1) two-thirds of the funds appropriated to furnished to such individual; items and services furnished under the dem- carry out this section for each fiscal year are ‘‘(ii) provides recommendations for the onstration project. Participation of Medicare used for establishing new palliative care and subsequent care of the individual with re- beneficiaries in the demonstration project symptom management programs, of which spect to the cancer involved; shall be voluntary. not less than half of such two-thirds shall be ‘‘(iii) is furnished in written form to the in- (b) QUALIFICATIONS AND SELECTION OF ELI- for programs in medically underserved com- dividual in person within a period specified GIBLE ENTITIES.— munities to address issues of racial and eth- by the Secretary that is as soon as prac- (1) QUALIFICATIONS.—For purposes of sub- nic disparities in access to cancer care; and ticable after the completion of such primary section (a), the term ‘‘eligible entity’’ means (2) one-third of the funds appropriated to treatment; an entity (such as a cancer center, hospital, carry out this section for each fiscal year are ‘‘(iv) is furnished, to the greatest extent academic health center, hospice program, used for expanding existing palliative care practicable, in a form that appropriately physician practice, school of nursing, vis- and symptom management programs. takes into account cultural and linguistic iting nurse association, or other home health (d) DEFINITIONS.—In this section: needs of the individual in order to make the agency) that the Secretary determines is ca- (1) The term ‘‘eligible entity’’ includes— plan accessible to the individual; and pable, directly or through an arrangement (A) an academic medical center, a cancer ‘‘(v) is in accordance with standards deter- with a hospice program (as defined in section center, a hospital, a school of nursing, or a mined by the Secretary to be appropriate; 1861(dd)(2) of the Social Security Act (42 health system capable of administering a and U.S.C. 1395x(dd)(2))), of providing the items palliative care and symptom management ‘‘(D) with respect to an individual for and services described in such subsection. program for cancer patients; whom a follow-up cancer care plan has been (2) SELECTION.—The Secretary shall select (B) a physician practice with care teams, developed under subparagraph (C), the revi- not more than 10 eligible entities to partici- including nurses and other professionals sion of such plan as necessary to account for pate in the demonstration project. Such en- trained in palliative care and symptom man- any substantial change in the condition of tities shall be selected in a manner so that agement; the individual, if such revision— the demonstration project is conducted in (C) a visiting nurse association or other ‘‘(i) is in accordance with clauses (i), (ii), different regions across the United States home care agency with experience admin- and (iv) of such subparagraph; and and in urban and rural locations. istering a palliative care and symptom man- ‘‘(ii) is furnished in written form to the in- (c) EVALUATION AND REPORT.— agement program; dividual within a period specified by the Sec- (1) EVALUATION.—The Secretary shall con- (D) a hospice; and retary that is as soon as practicable after duct a comprehensive evaluation of the dem- (E) any other health care agency or entity, the date of such revision. onstration project to determine— as the Secretary determines appropriate. ‘‘(2) The Secretary shall establish stand- (A) the effectiveness of the project in im- (2) The term ‘‘medically underserved com- ards to carry out paragraph (1) in consulta- proving patient outcomes; munity’’ has the meeting given to that term tion with appropriate organizations rep- (B) the cost of providing comprehensive in section 799B(6) of the Public Health Serv- resenting providers of services related to symptom management, including palliative ice Act (42 U.S.C. 295p(6)). cancer treatment and organizations rep- care, from the time of diagnosis; (3) The term ‘‘Secretary’’ means the Sec- resenting survivors of cancer. Such stand- (C) the effect of comprehensive cancer care retary of Health and Human Services. ards shall include standards for determining planning and the provision of comprehensive (e) AUTHORIZATION OF APPROPRIATIONS.—To the need and frequency for revisions of the symptom management on patient outcomes, carry out this section, there are authorized plans of care and follow-up plans based on cancer care expenditures, and the utilization to be appropriated such sums as may be nec- changes in the condition of the individual of hospitalization and emergent care serv- essary for each of the fiscal years 2010 and standards for the communication of the ices; and through 2014. plan to the patient.’’. (D) potential savings to the Medicare pro- TITLE III—PROVIDER EDUCATION RE- (b) PAYMENT.—Section 1833(a)(1) of the So- gram demonstrated by the project. GARDING PALLIATIVE CARE AND SYMP- cial Security Act (42 U.S.C. 1395l(a)(1)) is (2) REPORT.—Not later than the date that TOM MANAGEMENT amended by striking ‘‘and’’ before ‘‘(W)’’ and is one year after the date on which the dem- inserting before the semicolon at the end the SEC. 301. GRANTS TO IMPROVE HEALTH PROFES- onstration project concludes, the Secretary SIONAL EDUCATION. following: ‘‘, and (X) with respect to com- shall submit to Congress a report on the (a) IN GENERAL.—The Secretary of Health prehensive cancer care planning services de- evaluation conducted under paragraph (1). scribed in any of subparagraphs (A) through and Human Services shall make grants to el- TITLE II—COMPREHENSIVE PALLIATIVE (D) of section 1861(hhh)(1), the amount paid igible entities to enable the entities to im- CARE AND SYMPTOM MANAGEMENT shall be an amount equal to the sum of (i) prove the quality of graduate and post- PROGRAMS the national average amount under the phy- graduate training of physicians, nurses, and sician fee schedule established under section SEC. 201. GRANTS FOR COMPREHENSIVE PALLIA- other health care providers in palliative care 1848 for a new patient office consultation of TIVE CARE AND SYMPTOM MANAGE- and symptom management for cancer pa- MENT PROGRAMS. the highest level of service in the non-facil- tients. ity setting, and (ii) the national average (a) IN GENERAL.—The Secretary of Health (b) APPLICATION.—To seek a grant under amount under such fee schedule for a physi- and Human Services shall make grants to el- this section, an eligible entity shall submit cian certification described in section igible entities for the purpose of— an application at such time, in such manner, 1814(a)(2) for home health services furnished (1) establishing a new palliative care and and containing such information as the Sec- to an individual by a home health agency symptom management program for cancer retary may require. At a minimum, the Sec- under a home health plan of care’’. patients; or retary shall require that each such applica- (c) EFFECTIVE DATE.—The amendments (2) expanding an existing palliative care tion demonstrate— made by this section shall apply to services and symptom management program for can- (1) the ability to incorporate palliative furnished on or after the first day of the first cer patients. care and symptom management into train- calendar year that begins after the date of (b) AUTHORIZED ACTIVITIES.—Activities ing programs; and the enactment of this Act. funded through a grant under this section (2) the ability to collect and analyze data SEC. 102. DEMONSTRATION PROJECT TO PRO- may include— related to the effectiveness of educational ef- VIDE COMPREHENSIVE CANCER (1) securing consultative services and ad- forts. CARE SYMPTOM MANAGEMENT vice from institutions with extensive experi- (c) EVALUATION.—The Secretary shall de- SERVICES UNDER MEDICARE. ence in developing and managing comprehen- velop and implement a plan for evaluating (a) IN GENERAL.—Beginning not later than sive palliative care and symptom manage- the effects of professional training programs 180 days after the date of the enactment of ment programs; funded through this section. this Act, the Secretary of Health and Human (2) expanding an existing program to serve (d) DEFINITIONS.—In this section: Services (in this section referred to as the more patients or enhance the range or qual- (1) The term ‘‘eligible entity’’ means a can- ‘‘Secretary’’) shall conduct a two-year dem- ity of services, including cancer treatment cer center (including an NCI-designated can- onstration project (in this section referred to patient education services, that are pro- cer center), an academic health center, a as the ‘‘demonstration project’’) under title vided; physician practice, a school of nursing, or a XVIII of the Social Security Act under which (3) developing a program that would ensure visiting nurse association or other home care payment shall be made under such title for the inclusion of cancer treatment patient agency. comprehensive cancer care symptom man- education in the coordinated cancer care (2) The term ‘‘NCI-designated cancer cen- agement services, including items and serv- model; and ter’’ means a cancer center receiving funds

VerDate Nov 24 2008 03:13 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.050 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10366 CONGRESSIONAL RECORD — SENATE October 13, 2009 through a P30 Cancer Center Support Grant to be appropriated such sums as may be nec- dated for a year before he deployed to of the National Cancer Institute. essary for each of the fiscal years 2010 Iraq. Just before he deployed, they (3) The term ‘‘Secretary’’ means the Sec- through 2014. found out that she was with child. retary of Health and Human Services. They had, by all independent verifica- (e) AUTHORIZATION OF APPROPRIATIONS.—To By Mr. WEBB (for himself, Mr. tions, agreed that they would be mar- carry out this section, there are authorized ALEXANDER, Mr. CORKER, and ried before they discovered she had to be appropriated such sums as may be nec- Mr. UDALL of Colorado). essary for each of the fiscal years 2010 S. 1774. A bill for the relief of Hotaru been with child. He deployed to Iraq, and due to the circumstances of his through 2014. Nakama Ferschke; to the Committee combat time, they arranged to be mar- SEC. 302. GRANTS TO IMPROVE CONTINUING on the Judiciary. PROFESSIONAL EDUCATION. Mr. WEBB. Mr. President, we are de- ried by telephone on July 10, 2008, when (a) IN GENERAL.—The Secretary of Health bating a lot of great long-term issues he was in Iraq. One month later to the and Human Services shall make grants to el- day, he was killed. in this body. I wish to speak for a short igible entities to improve the quality of con- That marriage is a marriage that is tinuing professional education provided to period of time today about something recognized, including in the State of qualified individuals regarding palliative on the other end of the political spec- Virginia, as a valid marriage. And yet care and symptom management. trum, about something that I believe is because of an idiosyncracy in our im- (b) APPLICATION.—To seek a grant under an issue—a small issue—a private bill this section, an eligible entity shall submit migration laws that dates back 55 that all of us should come together on years, the Department of Homeland Se- an application at such time, in such manner, in rather quick measure. and containing such information as the Sec- curity, for immigration purposes, will retary may require. At a minimum, the Sec- Every now and then, there comes an not recognize this marriage. retary shall require that each such applica- issue that tells us a lot about who we This quirk in the law was put into tion demonstrate— are and how we live up to our promises, place during the Korean war in order to (1) experience in sponsoring continuing great and small, and particularly the prevent fraudulent marriages that had professional education programs; promises that we make to those who never been consummated. But clearly (2) the ability to reach health care pro- step forward and place their lives on in this case, this is a marriage that viders and other professionals who are en- the line in order to carry out the poli- could not be consummated because this gaged in cancer care; cies that we ourselves put in place. young man was serving our country in (3) the capacity to develop innovative Like all of the Members of this body, training programs; and Iraq. They have a child. (4) the ability to evaluate the effectiveness I take a back seat to no one in my af- Every agency of the U.S. Government of educational efforts. fection and support for the people who has done everything they can on this (c) EVALUATION.—The Secretary shall de- step forward and serve our country. I young widow’s behalf. She is staying velop and implement a plan for evaluating come from a family that has a long cit- with the young marine’s family in Ten- the effects of continuing professional edu- izen-soldier tradition. I have several nessee on a tourist visa. The Depart- cation programs funded through this section. ancestors—direct ancestors—who ment of Homeland Security, the De- (d) DEFINITIONS.—In this section: fought in the American Revolution, partment of State, the U.S. Marine (1) The term ‘‘eligible entity’’ means a can- and we have participated as citizen-sol- Corps—all have been as helpful as they cer center (including an NCI-designated cancer center), an academic health center, a diers in just about every war since can be in assisting this marine’s young school of nursing, or a professional society then. widow in her desire to have permanent that supports continuing professional edu- My colleagues know how strongly I immigration status in this country. cation programs. feel about the U.S. Marine Corps. I had There is no way it can happen under (2) The term ‘‘NCI-designated cancer cen- the great privilege of commanding ma- present law because of the peculiarities ter’’ means a cancer center receiving funds rines in combat in Vietnam. My broth- of the law. There is only one way that through a P30 Cancer Center Support Grant er was a marine. My son is a marine. can happen, and that is if we pass a of the National Cancer Institute. My son-in-law is a marine. special bill that will do only one thing, (3) The term ‘‘qualified individual’’ means Many of my colleagues know of my and that is to give her the exact status a physician, nurse, social worker, chaplain, that she would have had if they had psychologist, or other individual who is in- long association with the people of volved in providing palliative care and symp- Okinawa, beginning almost 41 years been standing next to each other when tom management services to cancer pa- ago when I first was there on my way they exchanged their vows in marriage. tients. into Vietnam, but continuing as a jour- And there is only one reason they were (4) The term ‘‘Secretary’’ means the Sec- nalist, as a government official, as a not standing next to each other when retary of Health and Human Services. tourist, as a guest of the government. they exchanged their vows in marriage, (e) AUTHORIZATION OF APPROPRIATIONS.—To As most of my colleagues know, in and that is because he was serving his carry out this section, there are authorized my nongovernment service, I prin- country in Iraq. to be appropriated such sums as may be nec- cipally made my living as a writer, as I earnestly hope that all of this body essary for each of the fiscal years 2010 and the other body can come together through 2014. a novelist. All of these issues dovetail in this private bill that I and the two and remove this idiosyncracy from the TITLE IV—RESEARCH ON END-OF-LIFE lives of these people who have suffered TOPICS FOR CANCER PATIENTS Senators from Tennessee are introducing today. so much because Michael Ferschke, SEC. 401. RESEARCH PROGRAM. In the first novel I wrote, which was sergeant, U.S. Marine Corps, stepped (a) IN GENERAL.—The Director of the Na- about the Vietnam war, a subplot was forward and did what we asked him to tional Institutes of Health shall establish a do and served our country. program of grants for research on palliative about a young marine who fell in love care, symptom management, communication with an Okinawan girl and who, after By Ms. STABENOW: skills, and other end-of-life topics for cancer being wounded, went back into Viet- S. 1776. A bill to amend title XVIII of patients. nam, had left her with child, and was the Social Security Act to provide for (b) INCLUSION OF NATIONAL RESEARCH INSTI- killed. She, not knowing this, bore the the update under the Medicare physi- TUTES.—In carrying out the program estab- burden of carrying his son without hav- lished under this section, the Director should cian fee schedule for years beginning provide for the participation of the National ing been formally married to this with 2010 and to sunset the application Cancer Institute, the National Institute of young marine. Flash forward 40 years of the sustainable growth rate formula, Nursing Research, and any other national re- to the future and to a different war, and for other purposes; read the first search institute that has been engaged in re- and we have a situation that I believe time. search described in subsection (a). needs some prompt action on our part. Ms. STABENOW. Mr. President, I (c) DEFINITIONS.—In this section: This private bill is not asking for any rise for just a moment because I am in- (1) The term ‘‘Director’’ means the Direc- favors. It is not asking for any special troducing a bill today that I will speak tor of the National Institutes of Health. consideration. It is simply asking that more about at another time, but it is a (2) The term ‘‘national research institute’’ has the meaning given to that term in sec- the young widow of a marine be treated very important bill for the physicians tion 401(g) of the Public Health Service Act like any other widow. of this country. (42 U.S.C. 281(g)). SGT Michael Ferschke, a 22-year-old We have had a failed, flawed payment (d) AUTHORIZATION OF APPROPRIATIONS.—To marine, had been serving in Okinawa system in place for many years as it re- carry out this section, there are authorized and had met Hotaru Nakama. They lates to physicians, and we come back

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We all know that series of ‘‘boom’’ times followed by Unlike other bills that have been in- the sustainable growth rate process is ‘‘busts,’’ when mines were no longer troduced on this topic, my bill only ad- flawed and yet we have not fixed it per- profitable. When these busts came, too dresses Clean Water Act liability and manently. So the legislation I have often the miners would abandon their does not waive any other environ- would, in fact, fix this permanently work and move on, seeking riches over mental law. This is because I do not be- and guarantee we are stopping this the next mountain. The resulting leg- lieve we have to go that far. There are cycle that we put our physicians and acy of unsafe open mine shafts and acid administrative avenues and options hospitals through every year, where mine drainages can be seen throughout available to Good Samaritans to ad- there may be a cut, there may not be a the country and especially on the dress compliance without other envi- cut, and in the end we have to come in Western public lands where mineral de- ronmental laws that may apply at and fix it. velopment was encouraged to help set- these sites. However, such administra- So this is a bill that would perma- tle our region. tive options are not available for Clean nently change the payment system for The problems caused by abandoned Water Act liability. So my bill only ad- physicians to a fairer system. It does and inactive mines are very real and dresses this restriction on moving for- have a cost to it. It is less than it was very large. They include acidic water ward on projects to clean up water re- prior to the very positive action the draining from old tunnels; heavy met- leases. Secretary of Health and Human Serv- als leaching into streams, killing fish The new permit proposed in my bill ices took a few weeks ago, removing and tainting water supplies; open would help address problems that have the costs of medicine from the formula. vertical mine shafts; dangerous frustrated Federal and State agencies It should never have been there in the highwalls; large open pits; waste rock throughout the country. As population first place. But by removing that, that piles that are unsightly and dangerous; growth continues near these old mines, means the overall costs are less than and hazardous dilapidated structures. more and more risks to public health they otherwise would be. Unfortunately, many of our current and safety are likely to occur. We sim- But it is important we get this right, environmental laws, designed to miti- ply must begin to address this issue, we fix what has been a very flawed sys- gate the impact from operating hard not only to improve the environment tem. As we go into the health care re- rock mines, are of limited effectiveness but also to ensure that our water sup- form debate, I think it is important we when they are applied to abandoned plies are safe and usable. Let me be clear, the bill does not ad- get this done right first so every physi- and inactive mines. As a result, many dress all the concerns some would-be cian understands we are not going to of these old mines go on polluting Good Samaritan may have about initi- put them in this position year after streams and rivers and potentially ating cleanup projects. I am committed year after year. risking the health of people who live nearby or downstream. to continue working to address those By Mr. UDALL of Colorado: Right now, there are two serious ob- additional concerns through additional S. 1777. A bill to facilitate the reme- stacles to progress. One is a serious legislation and in other ways. But the diation of abandoned hardrock mines, lack of funds for cleaning up sites for bill I am filing today can make a real and for other purposes; to the Com- which no private person or entity can difference, and I think it deserves ap- mittee on Environment and Public be held liable. The other obstacle is proval without unnecessary delay. Works. legal. Mr. President, I ask unanimous con- Mr. UDALL of Colorado. Mr. Presi- While the Clean Water Act is one of sent to have printed in the RECORD a dent, I rise tonight to announce that I the most effective and important of our longer version of my statement. am introducing legislation designed to environmental laws, as applied to There being no objection, the mate- help promote the cleanup of abandoned abandoned hard rock mines, it can rial was ordered to be printed in the and inactive hard rock mines that are mean that someone undertaking to RECORD, as follows: a menace to the environment and pub- clean up an abandoned or inactive mine Mr. UDALL of Colorado. Mr. President, lic health throughout the country, but today I am introducing legislation designed will be exposed to the same liability to help promote the cleanup of abandoned especially to the West. that would apply to a party responsible and inactive hardrock mines that are a men- In previous sessions of Congress when for creating the site’s problems in the ace to the environment and public health I was a Member of the House of Rep- first place. As a result, would-be Good throughout the country, but especially in resentatives, I introduced similar bills. Samaritans understandably have been the West. Following the introduction of those unwilling to volunteer their services to In the 107, 108, 109, and 110 Congresses, I in- previous bills, revisions were made to clean up abandoned and inactive mines. troduced similar bills aimed at that result. incorporate a number of changes devel- The Governors of our Western States Following the bill’s first introduction in the 107 Congress, revisions were made to incor- oped in consultation with a wide range have recognized the need for action to porate a number of changes developed in con- of interested parties. These parties in- address this serious problem. They sultation with interested parties, including cluded representatives of the Western have adopted bipartisan resolutions on representatives of the Western Governors’ Governors’ Association, the Environ- this subject, such as the position Association, the Environmental Protection mental Protection Agency, the adopted in the 2007 resolution entitled Agency, the hardrock mining industry, and hardrock mining industry, and envi- ‘‘Cleaning Up Abandoned Mines.’’ In environmental groups. ronmental groups. this resolution, the Governors urged The bill I am introducing today is also the product of further consultations. It rep- The bill I am introducing today is Congress to take action to address li- resents years of effort to reach agreement on also the product of further consulta- ability issues and funding concerns. establishing a program to advance the clean- tions. It represents years of effort to The Governors sent a letter in Novem- up of polluted water from abandoned mines. reach agreement on establishing a pro- ber 2007 expressing support for the pre- For over one hundred years, miners and gram to advance the cleanup of pol- vious version of the bill I am intro- prospectors have searched for and developed luted water from abandoned mines. ducing today. valuable ‘‘hardrock’’ minerals—gold, silver, For over one hundred years, miners The bill I am filing today will help copper, molybdenum, and others. Hardrock and prospectors have searched for and address this impediment and make it mining has played a key role in the history of Colorado and other states, and the result- developed valuable hardrock minerals, easier for volunteers, who had no role ing mineral wealth has been an important such as gold, silver, and copper. in creating the problem, to help clean aspect of our economy and the development Hardrock mining has played a key role up these sites and improve the environ- of essential products. However, as all west- in the history of Colorado and many ment. It does so by providing a new erners know, this history has too often been

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When these busts came, too often the are not available for Clean Water Act liabil- about the way the bill has been imple- miners would abandon their work and move ity, and so my bill only addresses this re- mented, so Congress can consider whether to on, seeking riches over the next mountain. striction on moving forward on projects to renew or modify the legislation, which under The resulting legacy of unsafe open mine clean up water releases. the bill will terminate after 10 years. shafts and acid mine drainages can be seen To help the efforts of ‘‘good Samaritans,’’ this bill would create a new program under Mr. President, I ask unanimous con- throughout the country and especially on sent that the text of the bill be printed the western public lands where mineral de- the Clean Water Act under which qualifying velopment was encouraged to help settle our individuals and entities could obtain permits in the RECORD. region. to conduct cleanups of abandoned or inactive There being no objection, the text of The problems caused by abandoned and in- hardrock mines. These permits would give the bill was ordered to be printed in active mines are very real and very large— some liability protection to those volun- the RECORD, as follows: including acidic water draining from old tun- teering to clean up these sites, while also re- S. 1777 nels; heavy metals leaching into streams, quiring the permit holders to meet certain killing fish and tainting water supplies; open requirements. Be it enacted by the Senate and House of Rep- vertical mine shafts; dangerous highwalls; The bill specifies who can secure these per- resentatives of the United States of America in large open pits; waste rock piles that are un- mits, what would be required by way of a Congress assembled, sightly and dangerous; and hazardous dilapi- cleanup plan, and the extent of liability ex- SECTION 1. SHORT TITLE. dated structures. posure. Notably, unlike regular Clean Water This Act may be cited as the ‘‘Good Sa- Unfortunately, many of our current envi- Act point-source permits, these new permits maritan Cleanup of Abandoned Hardrock ronmental laws, designed to mitigate the im- would not require meeting specific standards Mines Act of 2009’’. for specific pollutants and would not impose pact from operating hardrock mines, are of SEC. 2. FINDINGS; PURPOSES. limited effectiveness when applied to aban- liabilities for monitoring or long-term main- (a) FINDINGS.—Congress finds that— doned and inactive mines. As a result, many tenance and operations. These permits would (1) the Federal Government and State gov- of these old mines go on polluting streams terminate upon completion of cleanup, if a ernments have encouraged hardrock mining and rivers and potentially risking the health regular Clean Water Act permit is issued for in the United States through a wide variety of people who live nearby or downstream. the same site, or if a permit holder encoun- of laws, policies, and actions; Right now there are two serious obstacles ters unforeseen conditions beyond the hold- (2) mining operations produce metals and to progress. One is a serious lack of funds for er’s control. I think this would encourage ef- minerals that have important social benefits cleaning up sites for which no private person forts to fix problems like those at the Penn- and values; or entity can be held liable. The other obsta- sylvania Mine. (3) many areas in the United States at cle is legal. The new permits proposed in this bill While the Clean Water Act is one of the would help address problems that have frus- which historic mining operations took place most effective and important of our environ- trated federal and state agencies throughout are now the locations of inactive and aban- mental laws, as applied it can mean that the country. As population growth continues doned mine sites; someone undertaking to clean up an aban- near these old mines, more and more risks to (4) the mining activities that took place doned or inactive mine will be exposed to the public health and safety are likely to occur. prior to the enactment of modern environ- same liability that would apply to a party We simply must begin to address this issue— mental laws often disturbed public and pri- responsible for creating the site’s problems not only to improve the environment, but vate land, and those disturbances led to envi- in the first place. As a result, would-be also to ensure that our water supplies are ronmental pollution, including the discharge ‘‘good Samaritans’’ understandably have safe and usable. This bill does not address all of pollutants into surface water and ground- been unwilling to volunteer their services to the concerns some would-be Good Samari- water; clean up abandoned and inactive mines. tans may have about initiating cleanup (5) many of the individuals and corporate Unless these fiscal and legal obstacles are projects—and I am committed to continue owners and operators of mines the actions of overcome, often the only route to clean up working to address those additional con- which caused the pollution described in para- abandoned mines will be to place them on cerns, through additional legislation and in graph (4) are no longer alive or in existence; the nation’s Superfund list. Colorado has ex- other ways. But this bill can make a real dif- (6) many of the historic mining sites have perience with that approach, so Coloradans ference, and I think it deserves approval polluted the environment for more than a know that while it can be effective, it also without unnecessary delay. century and, unless remedied, will continue For the benefit of our colleagues, I am in- has shortcomings. For one thing, just being to do so indefinitely; cluding a brief outline of the bill’s provi- placed on the Superfund list does not guar- (7) unabated discharges from inactive and sions. abandoned mines will continue to pollute antee prompt cleanup. The site will have to Eligibility for Good Samaritan Permits— get in line behind other listed sites and surface water, groundwater, and soils; Permits could be issued to a person or entity (8) many of the streams and water bodies await the availability of financial resources. not involved in creation of residue or other We need to develop an alternative ap- impacted by acid mine drainage are impor- conditions resulting from mining at a site proach that will mean we are not left only tant resources for fish and wildlife, recre- within the bill’s scope. Any other similar ation, drinking water, agriculture, and other with the options of doing nothing or creating person or entity could be a cooperating party additional Superfund sites—because while in public purposes; to help with a cleanup. (9) some of the remaining owners and oper- some cases the Superfund approach may Sites Covered by the Bill—The bill covers ators of historic mine sites do not have ade- make the most sense, in many others there sites of mines and associated facilities in the quate resources to properly conduct the re- could be a more direct and effective way to United States once used for production of a mediation of the mine sites under applicable remedy the problem. mineral, other than coal, but no longer ac- The Governors of our western States have tively mined, but does not cover sites on the environmental laws; recognized the need for action to address this national priority list under Superfund. (10) from time to time, States, individuals, serious problem. The Western Governors’ As- Administration—The permits would be and companies are willing to remediate his- sociation has several times adopted resolu- issued by the Environmental Protection toric mine sites for the public good as Good tions on this subject, such as its most recent Agency, EPA, or by a state or tribal govern- Samaritans, despite the fact that those resolution in 2007 entitled Cleaning Up Aban- ment with an approved Clean Water Act per- States, individuals, and companies are not doned Mines, wherein the governors urge mitting program. legally required to do so; Congress to take action to address liability Remediation Plans—To obtain a permit, an (11) Good Samaritan remediation activities issues and funding concerns. WGA also sent applicant would have to submit a detailed may— a letter in November 2007 expressing support plan for remediation of the site. After an op- (A) vary in size and complexity; for the previous version on the bill I am in- portunity for public comments, the EPA or (B) reflect a myriad of methods by which troducing today. other permitting authority could issue a per- mine residue may be cleaned up; and The bill I am filing today responds to a mit if it determined that implementing the (C) include, among other activities— legal obstacle, the potential liability under plan would not worsen water quality and (i) the removal, relocation, or management the Clean Water Act that now deters many could result in improving it toward meeting of tailings or other waste piles; would-be ‘‘good Samaritans’’ from under- applicable water quality standards. (ii) passive or active water treatment; and taking efforts to clean up abandoned Effect of Permit—Compliance with a Good (iii) runoff or runon controls; hardrock mines. Unlike other bills that have Samaritan permit would constitute compli- (12) the potential obligations, require- been introduced on this topic, my bill only ance with the Clean Water Act, and neither ments, and liabilities under the Federal addresses Clean Water Act liability and does a permit holder nor a cooperating party Water Pollution Control Act (33 U.S.C. 1251 not waive any other environmental law. would be responsible for doing any remedi- et seq.) that may attach to Good Samaritans That’s because I do not believe that we need ation activities except those specified in the as the result of the conduct by the Good Sa- to go that far. There are administrative ave- remediation plan. When the cleanup is done, maritans of remediation activities can dis- nues and options available to good Samari- the permit expires, ending the Good Samari- suade potential Good Samaritans from act- tans to address compliance with other envi- tan’s responsibility for the project. ing for the public good;

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(13) it is in the interest of the United to historic mine residue at an inactive or ‘‘(ii) EXCEPTION.—In the case of a State or States, the States, and local communities to abandoned mine site— Indian tribe with an approved permitting remediate historic mine sites— ‘‘(i) had no role in the creation of the his- program under paragraph (2)(B), the term (A) in appropriate circumstances and to toric mine residue; ‘permitting authority’ means the head of the the maximum extent practicable; and ‘‘(ii) had no role in creating any environ- permitting program of the State or Indian (B) so that the detrimental environmental mental pollution caused by the historic mine tribe. impacts of the historic mine sites are less- residue; and ‘‘(J) PERSON.—The term ‘person’ includes— ened in the future; and ‘‘(iii) is not liable under any Federal, ‘‘(i) an individual; (14) if appropriate protections are provided State, tribal, or local law for the remedi- ‘‘(ii) a firm; to Good Samaritans, Good Samaritans will ation of the historic mine residue. ‘‘(iii) a corporation; have a greater incentive to remediate his- ‘‘(D) HISTORIC MINE RESIDUE.— ‘‘(iv) an association; toric mine sites for the public good. ‘‘(i) IN GENERAL.—The term ‘historic mine ‘‘(v) a partnership; (b) PURPOSES.—The purposes of this Act residue’ means mine residue or any condition ‘‘(vi) a consortium; are— resulting from activities at an inactive or ‘‘(vii) a joint venture; (1) to encourage the partial or complete re- abandoned mine site prior to October 18, ‘‘(viii) a commercial entity; mediation of inactive and abandoned mine 1972, that— ‘‘(ix) a nonprofit organization; sites for the public good by individuals or en- ‘‘(I) causes or contributes to the actual or ‘‘(x) the Federal Government; tities that are not legally responsible for the threatened discharge of pollutants from the ‘‘(xi) a State (including a political subdivi- remediation; inactive or abandoned mine site; or sion of a State); (2) to allow any individual or entity not le- ‘‘(II) otherwise pollutes the environment. ‘‘(xii) an interstate entity; gally responsible for environmental condi- ‘‘(ii) INCLUSIONS.—The term ‘historic mine ‘‘(xiii) a commission; and tions relating to an inactive or abandoned residue’ includes— ‘‘(xiv) an Indian tribe. mine site— ‘‘(I) ores and minerals that— ‘‘(2) GOOD SAMARITAN DISCHARGE PERMITS.— (A) to make further progress toward the ‘‘(aa) were mined during the active oper- ‘‘(A) IN GENERAL.—A permitting authority goal of meeting water quality standards in ation of an inactive or abandoned mine site; may issue a Good Samaritan discharge per- all water of the United States; and and (B) to improve other environmental media ‘‘(bb) contribute to acid mine drainage or mit to an eligible applicant in concurrence, affected by past mining activities at the in- other environmental pollution; if applicable, with— active or abandoned mine site without incur- ‘‘(II) equipment (including materials in ‘‘(i) the State in which the proposed inac- ring any obligation or liability with respect equipment); tive or abandoned mine site remediation to the Federal Water Pollution Control Act ‘‘(III) any waste or material resulting from project is located; or (33 U.S.C. 1251 et seq.); any extraction, beneficiation, or other proc- ‘‘(ii) the Federal agency or Indian tribe (3) to ensure that remediation activities essing activity that occurred during the ac- that owns or has jurisdiction over the site at performed by Good Samaritans— tive operation of an inactive or abandoned which the proposed inactive or abandoned (A) result in actual and significant envi- mine site; and mine site remediation project is located. ronmental benefits; and ‘‘(IV) any acidic or otherwise polluted flow ‘‘(B) STATE OR TRIBAL PROGRAMS.—The Ad- (B) are carried out— in surface water or groundwater that origi- ministrator shall approve a State or tribal (i) with the approval and agreement, and nates from an inactive or abandoned mine program for the issuance of Good Samaritan at the discretion, of affected Federal, State, site. discharge permits if— and tribal authorities; ‘‘(E) IDENTIFIABLE OWNER OR OPERATOR.— ‘‘(i) the State or Indian tribe has, as of the (ii) in a manner that enables the public to The term ‘identifiable owner or operator’ date of enactment of this subsection, author- conduct a review of, and submit comments means a person that is— ity to issue a permit under subsection (b); relating to, the remediation activities; and ‘‘(i) legally responsible under section 301 and (iii) in a manner that is beneficial to the for a discharge that originates from an inac- ‘‘(ii) the State or Indian tribe requests environment and each community affected tive or abandoned mine site; and such authority. by the remediation activities; and ‘‘(ii) financially capable of complying with ‘‘(3) PERMIT PROCESS.— (4) to further the innovations of, and co- each requirement described in this section ‘‘(A) SCOPE.—An eligible applicant may operation among, the Federal Government, and section 301. apply for a Good Samaritan discharge permit State and tribal governments, private indi- ‘‘(F) INACTIVE OR ABANDONED MINE SITE.— to conduct remediation activities at any in- viduals, and corporations to accelerate ef- ‘‘(i) IN GENERAL.—The term ‘inactive or active or abandoned mine site from which forts relating to conservation and environ- abandoned mine site’ means a mine site (in- there is, or may be, a discharge or a threat- mental restoration. cluding associated facilities) that— ened discharge of pollutants into any water SEC. 3. SCOPE. ‘‘(I) is located in the United States; of the United States. Nothing in this Act (or an amendment ‘‘(II) was used for the production of a min- ‘‘(B) REMEDIATION PLAN.—To apply for a made by this Act)— eral other than coal; Good Samaritan discharge permit under sub- (1) reduces any existing liability; or ‘‘(III) has historic mine residue; and paragraph (A), an eligible applicant shall (2) facilitates the conduct of any mining or ‘‘(IV) is no longer actively mined on the submit to the permitting authority an appli- processing other than the conduct of any date on which an eligible applicant submits cation that contains a remediation plan mining or processing that is required for the to a permitting authority a remediation plan that, to the extent known by the eligible ap- remediation of historic mine residue for the relating to an application for a Good Samari- plicant as of the date on which the applica- public good. tan discharge permit under paragraph (3)(B) tion is submitted, contains— SEC. 4. GOOD SAMARITAN DISCHARGE PERMITS. for the remediation of the mine site. ‘‘(i) an identification of— Section 402 of the Federal Water Pollution ‘‘(ii) EXCLUSIONS.—The term ‘inactive or ‘‘(I) the eligible applicant (including any Control Act (33 U.S.C. 1342) is amended by abandoned mine site’ does not include a mine cooperating person) with respect to the re- adding at the end the following: site (including associated facilities) that is— mediation plan; ‘‘(s) GOOD SAMARITAN DISCHARGE PER- ‘‘(I) in a temporary shutdown; ‘‘(II) the mine site that is the subject of MITS.— ‘‘(II) included on the National Priorities the remediation plan (including such docu- ‘‘(1) DEFINITIONS.—In this subsection: List developed by the President in accord- mentation as the permitting authority de- ‘‘(A) COOPERATING PERSON.— ance with section 105(a)(8)(B) of the Com- termines to be sufficient to demonstrate to ‘‘(i) IN GENERAL.—The term ‘cooperating prehensive Environmental Response, Com- the permitting authority that the mine site person’ means any person that— pensation, and Liability Act of 1980 (42 is an inactive or abandoned mine site); and ‘‘(I) is a Good Samaritan; U.S.C. 9605(a)(8)(B)); or ‘‘(III) each body of water of the United ‘‘(II) assists a permittee in the remediation ‘‘(III) the subject of an ongoing or planned States that is affected by actual or threat- of an inactive or abandoned mine site; and remedial action carried out in accordance ened discharges from the inactive or aban- ‘‘(III) is identified in a Good Samaritan with the Comprehensive Environmental Re- doned mine site; discharge permit issued under paragraph (2). sponse, Compensation, and Liability Act of ‘‘(ii) a description of— ‘‘(ii) INCLUSION.—The term ‘cooperating 1980 (42 U.S.C. 9601 et seq.). ‘‘(I) the baseline conditions of each body of person’ includes the Federal Government. ‘‘(G) INDIAN TRIBE.—The term ‘Indian tribe’ water described in clause (i)(III) as of the ‘‘(B) ELIGIBLE APPLICANT.—The term ‘eligi- has the meaning given the term in section 4 date on which the eligible applicant submits ble applicant’ means a person that— of the Indian Self-Determination and Edu- the application, including— ‘‘(i) is a Good Samaritan; and cation Assistance Act (25 U.S.C. 450b). ‘‘(aa) the nature and extent of any adverse ‘‘(ii) proposes a project, the purpose of ‘‘(H) PERMITTEE.—The term ‘permittee’ impact on the quality of each body of water which is to remediate, in whole or in part, means a person that is issued a Good Samar- caused by the drainage of historic mine res- actual or threatened pollution caused by his- itan discharge permit under this subsection. idue or other discharges from the inactive or toric mine residue at an inactive or aban- ‘‘(I) PERMITTING AUTHORITY.— abandoned mine site; and doned mine site. ‘‘(i) IN GENERAL.—Except as provided in ‘‘(bb) as applicable, the level of any pollut- ‘‘(C) GOOD SAMARITAN.—The term ‘Good Sa- clause (ii), the term ‘permitting authority’ ant in each body of water that has resulted maritan’ means a person that, with respect means the Administrator. in an adverse impact described in item (aa);

VerDate Nov 24 2008 03:13 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.057 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10370 CONGRESSIONAL RECORD — SENATE October 13, 2009 ‘‘(II) the conditions of the inactive or aban- consistent with section 122.22 of title 40, ‘‘(aa) notice and a reasonable opportunity doned mine site that cause adverse impacts Code of Federal Regulations. to comment; and to the quality of each body of water de- ‘‘(D) INVESTIGATIVE MEASURES.— ‘‘(bb) a public hearing; scribed in clause (i)(III); ‘‘(i) IN GENERAL.—A Good Samaritan dis- ‘‘(III) if the Administrator is the permit- ‘‘(III) the reasonable efforts taken by the charge permit may include a program of in- ting authority, provide a copy of the applica- eligible applicant to identify identifiable vestigative measures to be completed prior tion to each affected State, Indian tribe, and owners or operators of the inactive or aban- to the remediation of the inactive or aban- other Federal agency; and doned mine site that is the subject of the ap- doned mine site that is the subject of the ‘‘(IV) determine whether the application plication; permit if the permitting authority, upon the for the Good Samaritan discharge permit ‘‘(IV) each remediation goal and objective receipt of the application of an eligible appli- meets each requirement described in sub- proposed by the eligible applicant, includ- cant for a Good Samaritan discharge permit, paragraph (B). ing— determines the program of investigative ‘‘(ii) REQUIREMENTS NOT MET.—If the per- ‘‘(aa) each pollutant to be addressed by the measures to be appropriate. mitting authority determines that an appli- remediation plan; and ‘‘(ii) PROGRAM REQUIREMENTS.—Any water cation for a Good Samaritan discharge per- ‘‘(bb) each action that the eligible appli- sampling included in the program of inves- mit does not meet each requirement de- cant proposes to take that, to the maximum tigative measures described in clause (i) scribed in subparagraph (B), the permitting extent reasonable and practicable under the shall be conducted by an eligible applicant in authority shall— circumstances, will assist in the attainment accordance with any applicable method de- ‘‘(I) notify the eligible applicant that the scribed in part 136 of title 40, Code of Federal of each applicable water quality standard; application is disapproved and explain the Regulations. ‘‘(V) the practices (including a schedule reasons for the disapproval; and ‘‘(iii) REQUIREMENTS RELATING TO SAM- and estimated completion date for the imple- ‘‘(II) allow the eligible applicant to submit PLES.—In conducting a program of investiga- mentation of each practice) that are pro- a revised application. tive measures described in clause (i), an eli- posed by the eligible applicant to meet each ‘‘(iii) REQUIREMENTS MET.—If the permit- gible applicant shall— remediation goal and objective described in ting authority determines that an applica- ‘‘(I) ensure that each sample collected subclause (IV), including— under the program is representative of the tion for a Good Samaritan discharge permit ‘‘(aa) in the case of a new remediation conditions present at the inactive or aban- meets each requirement described in sub- project, the preliminary system design and doned mine site that is the subject of the paragraph (B), the permitting authority construction, operation, and maintenance program; and shall notify the eligible applicant that the plans relating to the new remediation ‘‘(II) retain records of all sampling events application is accepted. project; and for a period of not less than 3 years. ‘‘(F) PERMIT ISSUANCE.—After notice and ‘‘(bb) in the case of an existing remediation ‘‘(iv) INITIAL PLAN.— opportunity for public comment with respect project, available system design and con- ‘‘(I) IN GENERAL.—If an eligible applicant to a Good Samaritan discharge permit pro- struction, operation, and maintenance plans proposes to conduct a program of investiga- posed by a permitting authority to be issued and any planned improvements with respect tive measures, the eligible applicant shall under this subsection (including any addi- to the existing remediation project; submit to the permitting authority a plan tional requirement that the permitting au- ‘‘(VI) any proposed recycling or reprocess- that contains, to the extent known by the el- thority determines would facilitate the im- ing of historic mine residue to be conducted igible applicant as of the date on which the plementation of this subsection), the permit- by the eligible applicant (including a de- eligible applicant submits the application— ting authority may issue a permit to an eli- scription of how each proposed recycling or ‘‘(aa) each description required under sub- gible applicant if— reprocessing activity relates to the remedi- clauses (I), (II), and (IV) through (VIII) of ‘‘(i) the permitting authority determines ation of an inactive or abandoned mine site); subparagraph (B)(ii); that— ‘‘(VII) the monitoring or other forms of as- ‘‘(bb) the explanation required under sub- ‘‘(I) relative to the resources identified by sessment that will be undertaken by the eli- paragraph (B)(iii); the eligible applicant for funding the pro- gible applicant to evaluate the success of the ‘‘(cc) the schedule required under subpara- posed remediation activity, the eligible ap- practices described in subclause (V) during graph (B)(iv); and plicant has made a reasonable effort to iden- and after the implementation of the remedi- ‘‘(dd) the budget required under subpara- tify identifiable owners or operators under ation plan, with respect to the baseline con- graph (B)(v). subparagraph (B)(ii)(III); ditions; ‘‘(II) RESPONSIBILITY TO SUPPLEMENT DE- ‘‘(II) no identifiable owner or operator ex- ‘‘(VIII) each contingency plan that is de- SCRIPTIONS.—An eligible applicant that con- ists (except, with respect to Federal land, signed for responding to unplanned adverse ducts a program of investigative measures where the only identifiable owner or oper- events (including the practices to be imple- shall, based on the results of the program, ator is the Federal Government); mented to achieve each remediation goal and supplement each item described in subclause ‘‘(III) taking into consideration each fund- objective described in subclause (IV)); (I), as necessary. ing source (including the amount of each ‘‘(IX) the legal authority of the eligible ap- ‘‘(v) REPORT OF RESULTS.—The results of funding source) identified by the eligible applicant to enter, and conduct activities at, the program of investigative measures shall plicant for the proposed remediation activity the inactive or abandoned mine site that is be— in accordance with subparagraph (B)(v), the the subject of the remediation plan; and ‘‘(I) detailed in a report for the permitting remediation plan of the eligible applicant ‘‘(X) any public outreach activity to be agency; and demonstrates that the implementation of conducted by the eligible applicant; ‘‘(II) made available by the applicant to the remediation plan will— ‘‘(iii) an explanation of the manner by any member of the public that requests the ‘‘(aa) assist in the attainment of applicable which the practices described in clause report. water quality standards to the extent rea- (ii)(V) are expected to achieve each remedi- ‘‘(vi) PERMIT MODIFICATION.—Based upon sonable and practicable under the cir- ation goal and objective described in clause the results of the investigative measures, a cumstances; and (ii)(IV); Good Samaritan discharge permit may be ‘‘(bb) not result in water quality that is ‘‘(iv) a schedule for the periodic reporting modified pursuant to the permit procedures worse than the baseline water condition de- by the eligible applicant with respect to any described in this subsection. scribed in subparagraph (B)(ii)(I); progress in implementing the remediation ‘‘(vii) OPTION TO DECLINE REMEDIATION.—A ‘‘(IV) the eligible applicant has provided plan; Good Samaritan discharge permit may allow adequate evidence of financial resources that ‘‘(v) a budget for the remediation plan that the permittee to decline to undertake reme- will enable the eligible applicant to complete includes a description of each funding source diation based on the results of the investiga- the proposed project of the eligible appli- that will support the implementation of the tive sampling program, if— cant; and remediation plan, including— ‘‘(I) the program of investigative measures ‘‘(V) the proposed project of the eligible ‘‘(I) each practice described in clause is authorized under this subparagraph; and applicant meets the requirements of this sec- (ii)(VIII); ‘‘(II) the activities under the program of tion; ‘‘(II) each action described in clause investigative measures have not resulted in ‘‘(ii) any Federal, State, or tribal land (ii)(IV)(bb); and surface water quality conditions, taken as a management agency with jurisdiction over ‘‘(III) each monitoring or other appropriate whole, that are worse than the baseline con- any inactive or abandoned mine site that is activity described in clause (ii)(VII); and dition of bodies of water described in sub- the subject of the proposed permit, or any ‘‘(vi) any other additional information re- paragraph (B)(ii)(I). public trustee for natural resources affected quested by the Administrator to clarify the ‘‘(E) REVIEW OF APPLICATION.— by historic mine residue associated with any remediation plan and each proposed activity ‘‘(i) INITIAL REVIEW.—The permitting au- inactive or abandoned mine site that is the covered by the remediation plan. thority shall— subject of the proposed permit, does not ob- ‘‘(C) CERTIFICATION OF PLAN.—An applica- ‘‘(I) review each application submitted by ject to the issuance of the permit; and tion for a Good Samaritan discharge permit an eligible applicant for a Good Samaritan ‘‘(iii) if the Administrator is the permit- submitted by an eligible applicant to a per- discharge permit; ting authority, the affected State or Indian mitting authority under subparagraph (B) ‘‘(II) provide to the public, with respect to tribe concurs with the issuance of the per- shall be signed and certified in a manner the Good Samaritan discharge permit— mit.

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‘‘(G) DEADLINE RELATING TO APPROVAL OR ‘‘(A) IN GENERAL.—A permitting authority maritan discharge permit does not preclude DENIAL OF APPLICATION.—Not later than 180 shall terminate a Good Samaritan discharge any enforcement action under section 309. days after the date of receipt by a permitting permit if— ‘‘(ii) EXCEPTIONS.— authority of an application for a Good Sa- ‘‘(i) the permittee successfully completes ‘‘(I) SCOPE OF PERMIT.—If a Good Samari- maritan discharge permit that the permit- the implementation of the remediation plan; tan discharge permit covers remediation acting authority determines to be complete, or tivities carried out by the permittee on a the permitting authority shall— ‘‘(ii)(I) any discharge covered by the Good date before the issuance of the Good Samari- ‘‘(i) issue to the eligible applicant a Good Samaritan discharge permit becomes subject tan discharge permit, clause (i) shall not Samaritan discharge permit; or to a permit issued for other development apply to any action that is based on any con- ‘‘(ii) deny the application of the eligible that is not part of the implementation of the dition that results from the remediation ac- applicant for a Good Samaritan discharge remediation plan; tivities. permit. ‘‘(II) the permittee seeking termination of ‘‘(II) OTHER PARTIES.—A permittee shall ‘‘(H) MODIFICATION OF PERMIT.— coverage, and any cooperating person with not be subject to any action under sections ‘‘(i) APPROVAL AND DISAPPROVAL PROCESS.— respect to the remediation plan of the per- 309 or 505 for any violation committed by In accordance with clause (ii), after the date mittee, is not a participant in the develop- any other party. of receipt by a permitting authority of a ment; and ‘‘(C) OBLIGATIONS OF STATES AND INDIAN written request by a permittee to modify the ‘‘(III) the permitting authority, upon re- TRIBES.—Except as otherwise provided in this Good Samaritan discharge permit of the per- quest of the permittee, agrees that the per- section, nothing in this subsection limits mittee, the permitting authority shall ap- mit should be terminated. any obligation of a State or Indian tribe de- prove or disapprove the request for modifica- ‘‘(B) UNFORSEEN CIRCUMSTANCES.— scribed in section 303. tion. ‘‘(i) IN GENERAL.—Except as provided in ‘‘(D) OTHER DEVELOPMENT.— ‘‘(ii) PERMIT MODIFICATION.—A permit clause (ii), the permitting authority, in co- ‘‘(i) IN GENERAL.—Any development of an modification that is approved by a permit- operation with the permittee, shall seek to inactive or abandoned mine site (including ting authority under this subparagraph shall modify a Good Samaritan discharge permit any activity relating to mineral exploration, be— ‘‘(I) by agreement between the permittee to take into account any event or condition processing, beneficiation, or mining), includ- and the permitting authority and, if the Ad- encountered by the permittee if the event or ing development by a permittee or any co- ministrator is the permitting authority, the condition encountered by the permittee— operating person, not authorized in a permit affected State or Indian tribe; ‘‘(I) significantly reduces the feasibility, or issued by the permitting authority under ‘‘(II) subject to— significantly increases the cost, of com- this subsection shall be subject to this Act. ‘‘(aa) a period of public notice and completing the remediation project that is the ‘‘(ii) COMMINGLING OF DISCHARGES.—The ment; and subject of the Good Samaritan discharge per- commingling of any other discharge or water ‘‘(bb) a public hearing; mit; with any discharge or water subject to a ‘‘(III) in compliance with each standard de- ‘‘(II) was not— Good Samaritan discharge permit issued scribed in subparagraph (F)(i)(III); and ‘‘(aa) contemplated by the permittee; or under this subsection shall not limit or re- ‘‘(IV) immediately reflected in, and appli- ‘‘(bb) taken into account in the remedi- duce the liability of any person associated cable to, the Good Samaritan discharge per- ation plan of the permittee; and with the water or discharge that is not submit. ‘‘(III) is beyond the control of the per- ject to the Good Samaritan discharge per- ‘‘(4) CONTENTS OF PERMITS.— mittee, as determined by the permitting au- mit. ‘‘(A) IN GENERAL.—A Good Samaritan dis- thority. ‘‘(E) RECOVERABLE VALUE.—A Good Samar- charge permit shall— ‘‘(ii) EXCEPTION.—If a permittee described itan to whom a permit is issued may sell or ‘‘(i) contain— in clause (i) does not agree to a modification use materials recovered during the imple- ‘‘(I) a remediation plan approved by the of the Good Samaritan discharge permit of mentation of the plan only if the proceeds of permitting authority; and the permittee, or the permitting authority any such sale are used to defray the costs ‘‘(II) any additional requirement that the determines that remediation activities con- of— permitting authority establishes by regula- ducted by the permittee pursuant to the per- ‘‘(i) remediation of the site addressed in tion under paragraph (10); and mit have resulted or will result in surface the permit; or ‘‘(ii) provide for compliance with, and im- water quality conditions that, taken as a ‘‘(ii) voluntary remediation of any other plementation of, the remediation plan and whole, are or will be worse than the baseline inactive or abandoned mine site covered by a any additional requirement described in water conditions described in paragraph permit issued under this section. clause (i)(II). (3)(B)(ii)(I), the permitting authority shall ‘‘(F) STATE CERTIFICATION.— ‘‘(B) SCOPE.—A Good Samaritan discharge terminate the permit. ‘‘(i) IN GENERAL.—Except as provided in permit shall authorize only those activities ‘‘(C) NO ENFORCEMENT LIABILITY.— clause (ii), to the extent that this subsection that are required for the remediation of his- ‘‘(i) DISCHARGES.—Subject to clause (ii), relates to water quality standards, certifi- toric mine residue at an inactive or aban- and except as provided in clause (iii), the cation under section 401 shall not apply to doned mine site, as determined by the per- permittee of a permit, or a cooperating per- any Good Samaritan discharge permit issued mitting authority. son with respect to the remediation plan of under this subsection. ‘‘(C) REVIEW.—A Good Samaritan discharge the permittee, shall not be subject to en- ‘‘(ii) EXCEPTION.—In any case in which cer- permit shall contain a schedule for review, forcement under any provision of this Act tification under section 401 would otherwise to be conducted by the permitting authority, for liability for any past, present, or future be required, no Good Samaritan discharge to determine compliance by the permittee discharges at or from the abandoned or inac- permit shall be issued by a permitting au- with each condition and limitation of the tive mining site that is the subject of the thority under this subsection without the permit. permit. concurrence of— ‘‘(5) EFFECT OF PERMIT COMPLIANCE.— ‘‘(ii) OTHER PARTIES.—Clause (i) does not ‘‘(I) the State in which the site of the dis- ‘‘(A) COMPLIANCE WITH ACT.— limit the liability of any person that is not charge is located; or ‘‘(i) IN GENERAL.—A Good Samaritan dis- described in clause (i). ‘‘(II) the Indian tribe that owns or has ju- charge permit issued under this subsection ‘‘(iii) VIOLATION OF PERMIT PRIOR TO TERMI- risdiction over the site on which a remedi- shall authorize the permittee, and any co- NATION.—The discharge of liability for a per- ation project is proposed. operating persons, to carry out each activity mittee of a permit, or a cooperating person ‘‘(G) STATE AND TRIBAL RECLAMATION PRO- described in the Good Samaritan discharge with respect to the remediation plan of the GRAMS.—No State, Indian tribe, or other per- permit. permittee, under clause (i) shall not apply son shall be required to obtain a Good Sa- ‘‘(ii) COMPLIANCE WITH PERMIT.—Compli- with respect to any violation of the permit maritan discharge permit pursuant to this ance by the permittee, and any cooperating that occurs before the date on which the per- subsection for any discharge, including any persons, with respect to the Good Samaritan mit is terminated. discharge associated with the remediation of discharge permit shall constitute compliance ‘‘(8) LIMITATIONS.— an inactive or abandoned mine site with re- with this Act. ‘‘(A) EMERGENCY POWERS.—Nothing in this spect to the conduct of reclamation work ‘‘(B) SCOPE OF LIABILITY.—Except as pro- subsection limits the authority of the Ad- under a State or tribal abandoned mine rec- vided in paragraph (6), the issuance of a Good ministrator to exercise any emergency power lamation plan approved under title IV of the Samaritan discharge permit to a permittee under section 504 with respect to persons Surface Mining Control and Reclamation relieves the permittee, and any cooperating other than a permittee and any cooperating Act of 1977 (30 U.S.C. 1231 et seq.). person, of each obligation and liability under persons. ‘‘(9) LIABILITY OF OTHER PARTIES.—Nothing this Act. ‘‘(B) PRIOR VIOLATIONS.— in this subsection (including any result ‘‘(6) FAILURE TO COMPLY.—If a permittee, or ‘‘(i) ACTIONS AND RELIEF.—Except as pro- caused by any action taken by a permittee any cooperating person fails to comply with vided in clause (ii), with respect to a viola- or a cooperating person) limits the liability any condition or limitation of the permit, tion of this subsection or section 301(a) com- of any person other than a permittee or a co- the permittee, or cooperating person, shall mitted by any person prior to the issuance of operating person under this Act or any other be subject to liability only under section 309. a Good Samaritan discharge permit under law. ‘‘(7) TERMINATION OF PERMIT.— this subsection, the issuance of the Good Sa- ‘‘(10) REGULATIONS.—

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‘‘(A) IN GENERAL.—Subject to subparagraph quality through the remediation of inactive with other ASEAN nations regarding a po- (B), not later than 1 year after the date of or abandoned mine sites. tential free trade agreement, nor should the enactment of this subsection, after providing ‘‘(13) TERMINATION OF AUTHORITY.—The au- United States encourage trade with Burma, for public notice and an opportunity to com- thority granted to the permitting authority absent significant reforms within that coun- ment and a public hearing, the Adminis- under this subsection to issue Good Samari- try. trator, in consultation with the Secretary of tan discharge permits terminates on the date the Interior and the Secretary of Agri- that is 10 years after the date of enactment SENATE RESOLUTION 312—EX- culture, and appropriate State, tribal, and of this subsection. PRESSING THE SENSE OF THE local officials, shall promulgate regulations ‘‘(14) SEVERABILITY.—If any provision of SENATE ON EMPOWERING AND to establish— this subsection, or the application of any ‘‘(i) generally applicable requirements for provision of this subsection to any person or STRENGTHENING THE UNITED remediation plans described in paragraph circumstance, is held invalid, the application STATES AGENCY FOR INTER- (3)(B); and of such provision to other persons or cir- NATIONAL DEVELOPMENT ‘‘(ii) any other requirement that the Ad- cumstances, and the remainder of this sub- (USAID) ministrator determines to be necessary. section, shall not be affected thereby.’’. URBIN ‘‘(B) SPECIFIC REQUIREMENTS BEFORE PRO- Mr. DODD (for himself, Mr. D , f MULGATION OF REGULATIONS.—Before the date Mr. CARDIN, and Mr. BOND) submitted on which the Administrator promulgates SUBMITTED RESOLUTIONS the following resolution; which was re- regulations under subparagraph (A), a per- ferred to the Committee on Foreign mitting authority may establish, on a case- Relations: by-case basis, specific requirements that the SENATE RESOLUTION 311—ENCOUR- S. RES. 312 permitting authority determines would fa- AGING THE UNITED STATES cilitate the implementation of this sub- Whereas foreign development assistance is section with respect to a Good Samaritan TRADE REPRESENTATIVE TO an important foreign policy tool in addition discharge permit issued to a permittee. PURSUE A FREE TRADE AGREE- to diplomacy and the military; ‘‘(11) FUNDING.— MENT BETWEEN THE UNITED Whereas the United States is currently involved in two wars, both of which military ‘‘(A) ELIGIBILITY FOR SECTION 319 GRANTS.— STATES AND THE ASSOCIATION A permittee shall be eligible to apply for a OF SOUTHEAST ASIAN NATIONS and civilian experts agree can only be solved grant under section 319(h). with sound development strategies to com- ‘‘(B) GRANTS.—Subject to the availability Mr. LUGAR (for himself, Mr. INHOFE, plement military efforts; of appropriated funds, the Administrator and Mr. BOND) submitted the following Whereas development assistance is part of may award to any permittee a grant to assist resolution; which was referred to the any comprehensive United States response the permittee in implementing a remedi- Committee on Finance: to regional conflicts, terrorist threats, weap- ation plan with respect to a Good Samaritan ons proliferation, disease pandemics, and S. RES. 311 discharge permit of the permittee. persistent widespread poverty; ‘‘(12) REPORT TO CONGRESS.— Whereas the Association of Southeast Whereas, in 2002 and 2006, the United ‘‘(A) IN GENERAL.—Not later than 1 year be- Asian Nations (ASEAN) was established in States National Security Strategy included fore the date of termination of the authority 1967, with Indonesia, Malaysia, the Phil- global development, along with the military of the permitting authority under paragraph ippines, Singapore, and Thailand being origi- and diplomacy, as the three pillars of na- (13), the Administrator shall submit to Con- nal Members; tional security; gress a report describing the activities au- Whereas ASEAN membership has now ex- Whereas, in its early years, the United thorized by this subsection. panded and includes 10 countries; States Agency for International Develop- ‘‘(B) CONTENTS.—The report required under Whereas the United States supports the ment (USAID) had more than 5,000 full-time subparagraph (A) shall contain, at a min- centrality of ASEAN within East Asia; Foreign Service Officers and 15,000 total imum— Whereas the United States was the first staff; ‘‘(i) a description of— country to appoint an Ambassador to the As- Whereas, in 2008, USAID had slightly more ‘‘(I) each Good Samaritan discharge permit sociation of Southeast Asian Nations; than 1,000 full-time Foreign Service Officers issued under this subsection; Whereas ASEAN significantly contributes and 3,000 total staff; ‘‘(II) each permittee; to regional stability in East Asia; Whereas the loss in permanent staff and in- ‘‘(III) each inactive or abandoned mine site Whereas approximately 40,000 students stitutional expertise at USAID has com- addressed by a Good Samaritan discharge from ASEAN are studying in the United pelled it to rely disproportionally on outside permit issued under this subsection (includ- States and an increasing number of Ameri- contractors to help manage programs in ing each body of water and the baseline cans are studying in ASEAN countries; more than 150 countries; water quality of each body of water affected Whereas ASEAN partners with the United Whereas the USAID managed program by each inactive or abandoned mine site); States Government to combat global terror; budget, calculated in real dollars, has ‘‘(IV) the status of the implementation of Whereas the United States acceded to the dropped more than 40 percent since 1985; each remediation plan associated with each Treaty of Amity and Cooperation in 2009; Whereas, from the early 1960s until 1992, Good Samaritan discharge permit issued Whereas ASEAN constitutes the fourth the Office of Management and Budget en- under this subsection (including specific largest market for United States exports; forced a rule mandating that all foreign aid progress that each remediation activity con- Whereas ASEAN has a population of ap- programs and spending must go through ducted by a permittee pursuant to each Good proximately 560,000,000 persons; USAID, except when USAID chose to con- Samaritan discharge permit has made to- Whereas two-way, United States-ASEAN tract with other Federal agencies; ward achieving the goals and objectives of trade totals approximately $180,000,000,000 Whereas today more than half of all aid the remediation plan); and annually; programs are administered by Federal agen- ‘‘(V) each enforcement action taken by the Whereas the nations of ASEAN are increas- cies other than USAID, and development Administrator or applicable State or Indian ingly economically integrated; funding is spread across more than 20 United tribe concerning a Good Samaritan discharge Whereas ASEAN has entered into free States Government agencies; and permit issued under this subsection (includ- trade agreements with India, China, Japan, Whereas this decline in personnel, budgets, ing the disposition of the action); South Korea, Australia, and New Zealand; and coordinating leadership has diminished ‘‘(ii) a summary of each remediation plan and the capacity of USAID and the United States associated with a Good Samaritan discharge Whereas the United States and ASEAN Government to provide development assist- permit issued under this subsection, includ- signed a Trade and Investment Framework ance and implement foreign assistance pro- ing— Agreement over three years ago: Now, there- grams: Now, therefore, be it ‘‘(I) the goals and objectives of the remedi- fore, be it Resolved, That it is the sense of the Senate ation plan; Resolved, That it is the sense of the Senate that— ‘‘(II) the budget of the activities conducted that— (1) a highly capable and knowledgeable in- pursuant to the remediation plan; and (1) the United States Trade Representa- dividual should be nominated with all expe- ‘‘(III) the practices to be employed by each tive, in consultation with other appropriate diency and exigency to serve as the Adminis- permittee in accordance with the remedi- Federal agencies and interested stake- trator of the United States Agency for Inter- ation plan of the permittee to reduce, con- holders, should establish a strategy for initi- national Development; trol, mitigate, or eliminate adverse impacts ating negotiations for a free trade agreement (2) the Administrator should— to the quality of applicable bodies of water; between the United States and ASEAN; and (A) serve as the chief advocate for United and (2) at the time of free trade agreement ne- States development capacity and strategy in ‘‘(iii) any recommendations that may be gotiations, any pending bilateral issues be- top-level national security deliberations; proposed by the Administrator to modify tween the United States and Burma, includ- (B) serve as a powerful advocate and effec- any law (including this subsection and any ing economic sanctions, investment prohibi- tive leader of an empowered USAID; and regulation promulgated under paragraph tion, travel restrictions or otherwise, should (C) marshal the resources, knowledge, ca- (10)) to facilitate the improvement of water not deter the United States from engaging pacity, and experiences of the Agency—

VerDate Nov 24 2008 03:13 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.057 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10373 (i) to effectively represent the Agency in level. It must have a serious seat at the Whereas between 1996 and 2006, the per- interagency debate and in advancing and table. Our foreign policy will neither be centages of admissions to substance abuse executing foreign policy; and comprehensive nor sufficient to meet treatment programs as a result of the abuse (ii) to improve ultimately the effectiveness the challenges of the 21st century, of methamphetamines, prescription medica- and capability of United States foreign as- without serious and unbiased input tions, and marijuana each significantly rose; sistance; Whereas drug dealers specifically target (3) the United States Agency for Inter- from America’s development experts. children by marketing illicit drugs that national Development must be empowered to Finally, this resolution recognizes mimic the appearance and names of well be the primary development agency of the that USAID must be empowered to ful- known brand-name candies and foods; and United States and to serve as the principal fill its mandate with a robust staff that Whereas parents, youths, schools, busi- advisor to the President and national secu- understands both the needs of the nesses, law enforcement agencies, religious rity organs of the United States Government international community as well as the institutions, service organizations, senior on the capacity and strategy of United strategic value of development. citizens, medical and military personnel, States development assistance; It has long been understood that sports teams, and individuals throughout the (4) the Administrator should substantially international development is a criti- United States will demonstrate their com- and transparently increase the total number cally important aspect of our foreign mitment to healthy, productive, and drug- of full-time Foreign Service Officers em- policy. It is high time we matched this free lifestyles by wearing and displaying red ployed by the Agency in order to enhance ribbons during this week-long celebration: the ability of the Agency to— reality with a real and meaningful Now, therefore, be it (A) carry out development activities commitment. I encourage my col- Resolved, That the Senate— around the world by providing the Agency leagues to join me in supporting this (1) supports the goals and ideals of Red with additional human resources and exper- important resolution to empower and Ribbon Week, 2009; tise needed to meet important development improve USAID. (2) encourages children and teens to choose and humanitarian needs around the world; to live drug-free lives; and (B) strengthen the institutional capacity SENATE RESOLUTION 313—SUP- (3) encourages the people of the United of the Agency as the lead development agen- PORTING THE GOALS AND States to promote the creation of drug-free cy of the United States; and IDEALS OF RED RIBBON WEEK, communities and to participate in drug pre- (C) more effectively help developing na- vention activities to show support for tions to become more stable, healthy, demo- 2009 healthy, productive, and drug-free lifestyles. cratic, prosperous, and self-sufficient; and Ms. MURKOWSKI (for herself, Mr. f (5) the Administrator should submit a SCHUMER, Mr. GRASSLEY, Mrs. strategy to Congress that includes— HUTCHISON, Mr. MENENDEZ, Mr. CRAPO, AMENDMENTS SUBMITTED AND (A) a plan to create a professional training and Mr. BENNETT) submitted the fol- PROPOSED program that will provide new and current lowing resolution; which was consid- SA 2676. Mr. CHAMBLISS submitted an Agency employees with technical, manage- ered and agreed to: amendment intended to be proposed by him ment, leadership, and language skills; to the bill H.R. 2847, making appropriations (B) a 5-year staffing plan; and S. RES. 313 Whereas the Red Ribbon Campaign was es- for the Departments of Commerce and Jus- (C) a description of further resources and tice, and Science, and Related Agencies for statutory changes necessary to implement tablished to commemorate the service of Enrique ‘‘Kiki’’ Camarena, an 11-year special the fiscal year ending September 30, 2010, and the proposed training and staffing plans. for other purposes; which was ordered to lie Mr. DODD. Mr. President, I rise agent of the Drug Enforcement Administra- tion who was murdered in the line of duty in on the table. today to submit a resolution on behalf 1985 while engaged in the battle against il- SA 2677. Ms. SNOWE submitted an amend- of myself, Senator DURBIN and Senator, licit drugs; ment intended to be proposed by her to the CARDIN, aimed at putting the Senate on Whereas the Red Ribbon Campaign has bill H.R. 2847, supra; which was ordered to lie the record in support of empowering been sponsored by the National Family Part- on the table. and strengthening the U.S. Agency for nership and nationally recognized since 1988 SA 2678. Ms. SNOWE (for herself, Mr. to preserve Special Agent Camarena’s mem- KERRY, and Mr. KIRK) submitted an amend- International Development. This is a ment intended to be proposed by her to the simple and straightforward resolution, ory and further the cause for which he gave his life, and is now the oldest and largest bill H.R. 2847, supra; which was ordered to lie but I believe it speaks volumes about drug prevention program in the Nation, on the table. the current situation of U.S. overseas reaching millions of young people each year SA 2679. Ms. KLOBUCHAR submitted an development policy. during Red Ribbon Week; amendment intended to be proposed by her USAID has been without an adminis- Whereas the Drug Enforcement Adminis- to the bill H.R. 2847, supra; which was or- trator for nearly 10 months. It is crit- tration, committed throughout its 36 years dered to lie on the table. ical that this position is swiftly filled to aggressively targeting organizations in- SA 2680. Mr. BENNET submitted an amend- volved in the growing, manufacturing, and ment intended to be proposed by him to the by an individual who can serve as a bill H.R. 2847, supra; which was ordered to lie strong advocate for the agency in na- distribution of controlled substances, has been a steadfast partner in commemorating on the table. tional security and foreign policy de- Red Ribbon Week; SA 2681. Mrs. MURRAY (for herself and Ms. liberations within the U.S. Govern- Whereas the Governors and Attorneys Gen- CANTWELL) submitted an amendment in- ment. The Administrator must also eral of the States, the National Family Part- tended to be proposed by her to the bill H.R. work urgently to strengthen, empower nership, Parent Teacher Associations, Boys 2847, supra; which was ordered to lie on the and revitalize the agency itself. This and Girls Clubs of America, the Drug En- table. essential position must be filled if the forcement Administration, and more than SA 2682. Ms. COLLINS (for herself and Mr. LIEBERMAN) submitted an amendment in- U.S. is to take on the myriad of foreign 100 other organizations throughout the United States annually celebrate Red Ribbon tended to be proposed by her to the bill H.R. policy challenges that exist in a holis- Week during the period of October 23 2847, supra; which was ordered to lie on the tic and sustainable manner—because through October 31; table. for nearly all of the challenges we face Whereas the objective of Red Ribbon Week SA 2683. Mr. CHAMBLISS submitted an as a Nation, development will play a is to promote the creation of drug-free com- amendment intended to be proposed by him key role in helping us solve them. munities through drug prevention efforts, to the bill H.R. 2847, supra; which was or- This resolution also recognizes the education, parental involvement, and com- dered to lie on the table. tremendously important role develop- munity-wide support; SA 2684. Mr. GRASSLEY submitted an amendment intended to be proposed by him ment plays in foreign policy, and puts Whereas drug abuse is one of the major challenges that the Nation faces in securing to the bill H.R. 2847, supra; which was or- the Senate on record as supporting an a safe and healthy future for families in the dered to lie on the table. empowered USAID. I believe USAID United States; SA 2685. Mr. SCHUMER submitted an should be a strong and independent Whereas drug abuse and alcohol abuse con- amendment intended to be proposed by him voice in high-level U.S. foreign policy tribute to domestic violence and sexual as- to the bill H.R. 2847, supra; which was or- debates. If U.S. development policy sault and place the lives of children at risk; dered to lie on the table. and, by extension, U.S. foreign policy, Whereas although public awareness of il- SA 2686. Mr. CARPER submitted an amend- is to succeed in the long run, USAID licit drug use is increasing, emerging drug ment intended to be proposed by him to the threats and growing epidemics demand at- bill H.R. 2847, supra; which was ordered to lie must be an independent body that can tention, including the abuse of on the table. advocate for what it knows best—how methamphetamines, inhalants, and prescrip- SA 2687. Ms. MIKULSKI (for herself and to effectively deliver and implement tion medications, the second most abused Mr. GRASSLEY) submitted an amendment in- U.S. foreign assistance, at the highest drug by young people in the United States; tended to be proposed by her to the bill H.R.

VerDate Nov 24 2008 05:05 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.036 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10374 CONGRESSIONAL RECORD — SENATE October 13, 2009 2847, supra; which was ordered to lie on the actions that would improve the development goods or services produced in the United table. and interdepartmental coordination of the States to more than one market; and SA 2688. Mrs. MURRAY (for herself and Ms. policies of the United States under the (B) to locate and recruit businesses to CANTWELL) submitted an amendment in- United States–Canada Transboundary Re- enter the emerging markets; tended to be proposed by her to the bill H.R. source Sharing Understanding for shared (C) to develop and implement trade mis- 2847, supra; which was ordered to lie on the groundfish stocks.’’. sions to emerging markets; table. (2) recommendations with respect to addi- SA 2689. Mr. BINGAMAN (for himself, Mr. SA 2678. Ms. SNOWE (for herself, Mr. tional assistance that the Department could CORNYN, Mrs. LINCOLN, Mr. CRAPO, and Mr. KERRY, and Mr. KIRK) submitted an provide to small- and medium-sized busi- UDALL of New Mexico) submitted an amend- amendment intended to be proposed by nesses in the United States with respect to ment intended to be proposed by him to the her to the bill H.R. 2847, making appro- facilitating the exportation of goods to bill H.R. 2847, supra; which was ordered to lie priations for the Departments of Com- emerging markets; and on the table. (3) an estimate of— SA 2690. Mr. McCAIN submitted an amend- merce and Justice, and Science, and (A) the cost of any such additional assist- ment intended to be proposed by him to the Related Agencies for the fiscal year ance; bill H.R. 2847, supra; which was ordered to lie ending September 30, 2010, and for (B) the number of additional personnel re- on the table. other purposes; which was ordered to quired to carry out such assistance; and f lie on the table; as follows: (C) the cost of consolidating or reducing fees under paragraph (1)(A)(iv). TEXT OF AMENDMENTS On page 124, line 21, strike ‘‘section.’’ and insert ‘‘section: Provided further, That no SA 2676. Mr. CHAMBLISS submitted later than 60 days after the date of enact- SA 2680. Mr. BENNET submitted an an amendment intended to be proposed ment of this Act the Secretary submits to amendment intended to be proposed by by him to the bill H.R. 2847, making ap- the Senate Committee on Commerce, him to the bill H.R. 2847, making appropriations for the Department of Science, and Transportation specific rec- propriations for the Department of Commerce and Justice, and Science, ommendations for legislative and diplomatic Commerce and Justice, and Science, and Related Agencies for the fiscal actions to improve coordinated management and Related Agencies for the fiscal of shared groundfish stocks under the United year ending September 30, 2010, and for States–Canada Transboundary Resource year ending September 30, 2010, and for other purposes; which was ordered to Sharing Understanding to enhance manage- other purposes; which was ordered to lie on the table; as follows: ment and utilization of resources by both lie on the table; as follows: At the appropriate place, insert the fol- countries.’’. On page 162, line 25, before the period in- lowing: sert ‘‘and an additional amount of $50,000,000 SEC. ll. (a) PROHIBITION ON USE OF FUNDS SA 2679. Ms. KLOBUCHAR submitted offset by a reduction in funding for the Fed- FOR TRANSFER OF GUANTANAMO BAY DETAIN- an amendment intended to be proposed eral Detention Trustee provided in this Act EES TO UNITED STATES.—None of the funds by her to the bill H.R. 2847, making ap- by the same amount’’. appropriated or otherwise made available by propriations for the Department of this Act or any Act enacted before the date Commerce and Justice, and Science, SA 2681. Mrs. MURRAY (for herself of the enactment of this Act may be used for and Related Agencies for the fiscal and Ms. CANTWELL) submitted an the purposes of releasing into, or detaining amendment intended to be proposed by or prosecuting in, the continental United year ending September 30, 2010, and for States, Alaska, Hawaii, or the District of Co- other purposes; which was ordered to her to the bill H.R. 2847, making appro- lumbia any individual who is detained, as of lie on the table; as follows: priations for the Departments of Com- April 30, 2009, at Naval Station, Guantanamo On page 125, between lines 10 and 11, insert merce and Justice, and Science, and Bay, Cuba. the following: Related Agencies for the fiscal year (b) LIMITATION ON USE OF FUNDS FOR OTHER SEC. 111. (a) REPORT ON EXPORT ASSISTANCE ending September 30, 2010, and for TRANSFER OF GUANTANAMO BAY DETAINEES.— TO SMALL- AND MEDIUM-SIZED BUSINESSES.— other purposes; which was ordered to None of the funds appropriated or otherwise Not later than 45 days after the date of the lie on the table; as follows: made available by this Act or any Act en- enactment of this Act, the Secretary of Com- On page 203, between lines 23 and 24, insert acted before the date of the enactment of merce shall submit to Congress a report on— the following: this Act may be used to transfer or release (1) the status of the current programs of an individual detained at Naval Station, the Department of Commerce to provide as- SEC. 533. LIMITATION ON USE OF FUNDS TO Guantanamo Bay, Cuba, as of April 30, 2009, sistance to small- and medium-sized busi- MOVE THE MARINE OPERATIONS CENTER–PACIFIC. to the country of such individual’s nation- nesses in the United States with respect to No funds appropriated or otherwise made ality or last habitual residence, or to any facilitating the exportation of goods pro- available by this Act may be used to move other country other than the United States, duced in the United States to emerging mar- the Marine Operations Center–Pacific more unless the President submits to the Con- kets, including the People’s Republic of than 150 miles from where it was located on gress, in writing, at least 30 days before such China, Brazil, and India; and the day before the date of the enactment of transfer or release, a report setting forth the (2) the feasibility of providing additional this Act until the Comptroller General of the following information: assistance to small- and medium-sized busi- United States completes its review of the (1) The name of the individual to be so nesses in the United States with respect to protest filed by the Port of Bellingham and transferred or released and the country to facilitating the exportation of goods pro- 1801 Fairview Avenue East LLC. which the individual is to be transferred or duced in the United States to emerging mar- released. kets. (2) An assessment of any risk to the na- (b) CONTENTS.—The report required by sub- SA 2682. Ms. COLLINS (for herself tional security of the United States or its section (a) shall include— and Mr. LIEBERMAN) submitted an citizens, including members of the Armed (1) an assessment of the ability of the De- amendment intended to be proposed by Forces of the United States, that is posed by partment of Commerce— her to the bill H.R. 2847, making appro- such transfer or release, and a description of (A) to provide assistance to small- and me- priations for the Departments of Com- the actions to be taken to mitigate such dium-sized businesses in the United States merce and Justice, and Science, and risk. in— Related Agencies for the fiscal year (3) The terms of any agreement with an- (i) finding and utilizing Federal and pri- ending September 30, 2010, and for other country for acceptance of the indi- vate resources to facilitate the exportation vidual, including the amount of any finan- of goods produced in the United States to other purposes; which was ordered to cial assistance related to such agreement. emerging markets; lie on the table; as follows: (ii) establishing and maintaining contin- On page 170, between lines 19 and 20, insert SA 2677. Ms. SNOWE submitted an uous direct and personal contact with other the following: amendment intended to be proposed by businesses that have entered into emerging SEC. 220. Not later than 60 days after the her to the bill H.R. 2847, making appro- markets; date of enactment of this Act, the Attorney priations for the Departments of Com- (iii) resolving disputes with the Govern- General, the Secretary of Homeland Secu- merce and Justice, and Science, and ment of the United States or the govern- rity, and the Secretary of the Treasury shall Related Agencies for the fiscal year ments of emerging markets relating to intel- jointly prepare and submit a report to the lectual property rights violations or import Committees on Appropriations of the Senate ending September 30, 2010, and for or export restrictions or other trade barriers; and the House of Representatives, the Com- other purposes; which was ordered to and mittees on the Judiciary of the Senate and lie on the table; as follows: (iv) the consolidation of fees charged by the House of Representatives, the Committee On page 124, line 21, strike ‘‘section.’’ and the Department for Gold Key Matching Serv- on Homeland Security and Governmental Af- insert ‘‘section, including an assessment of ices provided for businesses that export fairs of the Senate, and the Committee on

VerDate Nov 24 2008 03:13 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.041 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10375 Homeland Security of the House of Rep- Commerce and Justice, and Science, by the Secretary of Health and Human Serv- resentatives. The report required under this and Related Agencies for the fiscal ices under section 332 of the Public Health section shall include— year ending September 30, 2010, and for Service Act (42 U.S.C. 254e)’’. (1) an explicit plan establishing specific other purposes; which was ordered to and detailed milestones for accomplishing SA 2688. Mrs. MURRAY (for herself lie on the table; as follows: the joint investment and infrastructure and Ms. CANTWELL) submitted an sharing goals of the Integrated Wireless Net- On page 170, between lines 19 and 20, insert amendment intended to be proposed by work funded in this title under the heading the following: her to the bill H.R. 2847, making appro- SEC. 220. (a) For an additional amount for ‘‘Tactical Law enforcement Wireless Com- priations for the Departments of Com- munications’’, with dates for the planned the Executive Office for Immigration Review completion of such goals and the funds $2,000,000, to remain available until ex- merce and Justice, and Science, and linked to achieving those milestones; pended, to carry out the Legal Orientation Related Agencies for the fiscal year (2) a description of the technical standards Program of the Office. ending September 30, 2010, and for and logical integration points between the (b) All amount appropriated under this other purposes; which was ordered to law enforcement and emergency communica- Act, except for amounts appropriated for the lie on the table; as follows: Executive Office for Immigration Review, tions systems of the Department of Justice, On page 203, between lines 23 and 24, insert shall be reduced on a pro rata basis by the the Department of Homeland Security, and the following: amount necessary to reduce the total the Department of the Treasury needed to SEC. 533. LIMITATION ON USE OF FUNDS TO support and achieve interoperability be- amount appropriated under this Act, except for amounts appropriated for the Executive MOVE THE MARINE OPERATIONS tween the respective communications sys- CENTER–PACIFIC. tems when interoperability is required for Office of Immigration of Review in this title No funds appropriated or otherwise made tactical reasons or emergency situations; under the heading ‘‘ADMINISTRATIVE REVIEW available by this Act may be used to move and AND APPEALS’’ by $2,000,000. the Marine Operations Center-Pacific more (3) an explanation of how the Integrated Mr. CARPER submitted an than 150 miles from where it was located on Wireless Network concept will promote SA 2686. the day before the date of the enactment of interoperability with other federal depart- amendment intended to be proposed by this Act. ments and State and local governments, in- him to the bill H.R. 2847, making ap- cluding an explanation of how an Integrated propriations for the Departments of SA 2689. Mr. BINGAMAN (for him- Wireless Network will be included in the Commerce and Justice, and Science, self, Mr. CORNYN, Mrs. LINCOLN, Mr. framework of the Emergency Communica- and Related Agencies for the fiscal CRAPO, and Mr. UDALL of New Mexico) tions Preparedness Center. year ending September 30, 2010, and for submitted an amendment intended to SA 2683. Mr. CHAMBLISS submitted other purposes; which was ordered to be proposed by him to the bill H.R. an amendment intended to be proposed lie on the table; as follows: 2847, making appropriations for the De- by him to the bill H.R. 2847, making ap- On page 110, line 7, strike ‘‘activities.’’ and partments of Commerce and Justice, propriations for the Departments of insert ‘‘activities: Provided further, That and Science, and Related Agencies for none of the funds provided in this or any the fiscal year ending September 30, Commerce and Justice, and Science, other Act for any fiscal year for the collec- and Related Agencies for the fiscal 2010, and for other purposes; which was tion of census data may be used to ask ques- ordered to lie on the table; as follows: year ending September 30, 2010, and for tions that the Secretary of Commerce deter- other purposes; which was ordered to mines would inhibit the ability of the Bu- On page 108, line 14, before the period at lie on the table; as follows: reau of the Census to comply with its con- the end, insert ‘‘: Provided further, That the funds appropriated by this Act for trade ad- At the appropriate place, insert the fol- stitutional mandate to count the whole number of persons residing in each State.’’. justment assistance for communities shall lowing: not be allocated among the regional offices SEC. ll. None of the funds appropriated of the Economic Development Administra- or otherwise made available by this Act may Ms. MIKULSKI (for herself SA 2687. tion until such time as 50 percent of the be used for the purposes of transferring to, and Mr. GRASSLEY) submitted an total amount of the funds appropriated for releasing into, or detaining or prosecuting in amendment intended to be proposed by that purpose by the Supplemental Appro- the continental United States, Alaska, Ha- her to the bill H.R. 2847, making appropriations Act, 2009 (Public Law 111–32), or 50 waii, or the District of Columbia any indi- priations for the Departments of Com- percent of the funds allocated to any individual who is detained, as of April 30, 2009, at vidual regional office, have been distributed Naval Station, Guantanamo Bay, Cuba. merce and Justice, and Science, and Related Agencies for the fiscal eyar to grantees: Provided further, That the Sec- SA 2684. Mr. GRASSLEY submitted ending September 30, 2010, and for retary of Commerce shall reevaluate the other purposes; which was ordered to spending plan for trade adjustment assist- an amendment intended to be proposed ance based on up-to-date economic data be- by him to the bill H.R. 2847, making ap- lie on the table; as follows: fore allocating those funds among the re- propriations for the Departments of At the appropriate place, insert the fol- gional offices’’. Commerce and Justice, and Science, lowing: and Related Agencies for the fiscal SEC. ll. ADMISSION OF NONIMMIGRANT SA 2690. Mr. MCCAIN submitted an year ending September 30, 2010, and for NURSES. amendment intended to be proposed by other purposes; which was ordered to (a) 3-YEAR EXTENSION FOR ADMISSION OF him to the bill H.R. 2847, making ap- NONIMMIGRANT NURSES IN HEALTH PROFES- lie on the table; as follows: propriations for the Departments of SIONAL SHORTAGE AREAS.—Section 2(e)(2) of At the appropriate place, insert the fol- the Nursing Relief for Disadvantaged Areas Commerce and Justice, and Science, lowing: Act of 1999 (8 U.S.C. 1182 note) is amended by and Related Agencies for the fiscal SEC. llll. (a) None of the funds made striking ‘‘3 years’’ and inserting ‘‘6 years’’. year ending September 30, 2010, and for available in this Act for the Department of (b) NURSE SHORTAGE FEE.—Section other purposes; which was ordered to Justice may be used by any office within the 212(m)(2) of the Immigration and Nationality lie on the table; as follows: Department of Justice for any anonymous Act (8 U.S.C. 1182(m)(2)) is amended by add- On page 125, between lines 10 and 11, insert public relations activity, including pub- ing at the end the following: lishing articles or comments online on any the following: ‘‘(G)(i) In addition to the fee authorized SEC. 111. (a) The amount made available in website, weblog or blog, newspapers, or any under subparagraph (F), the Secretary of this title for the National Marine Fisheries other social media site, absent a statement Labor shall impose a filing fee of $1,000 on Service under the heading ‘‘OPERATIONS, RE- identifying the author as an employee of the each petitioning employer who uses a visa SEARCH, AND FACILITIES’’ is hereby reduced Department of Justice and that taxpayer under subparagraph (A). by $8,000,000. dollars were used to fund the post. ‘‘(ii) Fees collected under this subpara- (b) None of funds made available in this (b) In this section, the term ‘‘public rela- graph shall be deposited as offsetting re- Act may be used for activities related to At- tions activity’’ does not include clandestine ceipts in a fund established in the Treasury lantic salmon. activities of any Department of Justice com- of the United States to support the Nurse ponents operating under the direction of the Faculty Loan Program authorized under sec- f Intelligence Community or as part of an on- tion 846A of the Public Health Service Act NOTICES OF HEARINGS going and active investigation. (42 U.S.C. 297n–1). COMMITTEE ON ENERGY AND NATURAL ‘‘(iii) No fee shall be imposed for the use of RESOURCES SA 2685. Mr. SCHUMER submitted an such visas if the employer demonstrates to amendment intended to be proposed by the Secretary that the employer is a health Mr. BINGAMAN. Mr. President, I him to the bill H.R. 2847, making ap- care facility that has been designated as a would like to announce for the infor- propriations for the Departments of Health Professional Shortage Area facility mation of the Senate and the public

VerDate Nov 24 2008 03:13 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.046 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10376 CONGRESSIONAL RECORD — SENATE October 13, 2009 that a hearing has been scheduled be- date to accept these filings. For further Department’s resources for the next fiscal year fore the Senate Committee on Energy information, please contact the Public beginning after the date of the submittal of the and Natural Resources. The hearing Records office at (202) 224–0322. report for the provision of medical care. Such re- will be held on Wednesday, October 21, port shall also include estimates of the workload f and demand data for that fiscal year.’’. 2009, at 9:45 a.m., in room SD–366 of the VETERANS HEALTH CARE BUDGET (b) CLERICAL AMENDMENT.—The table of sec- Dirksen Senate Office Building. tions at the beginning of such chapter is amend- The purpose of this hearing is to re- REFORM AND TRANSPARENCY ed by inserting after the item relating to section ceive testimony on the costs and bene- ACT OF 2009 113 the following new line: fits for energy consumers and energy Mr. DURBIN. Mr. President, I ask the ‘‘117. Advance appropriations for certain med- prices associated with the allocation of Chair to lay before the Senate a mes- ical care accounts.’’. greenhouse gas emission allowances. sage from the House with respect to SEC. 4. COMPTROLLER GENERAL REVIEW OF THE Because of the limited time available ACCURACY OF VA MEDICAL CARE H.R. 1016. BUDGET SUBMISSION IN RELATION for the hearing, witnesses may testify The Presiding Officer laid before the TO BASELINE HEALTH CARE MODEL by invitation only. However, those Senate a message from the House as PROJECTION. wishing to submit written testimony follows: (a) REVIEW OF ACCURACY OF MEDICAL CARE BUDGET SUBMISSION.—The Comptroller General for the hearing record may do so by H.R. 1016 sending it to the Committee on Energy shall conduct a review of each budget of the Resolved, That the House agree to the President for a fiscal year that is submitted to and Natural Resources, United States amendment of the Senate to the bill (H.R. Congress pursuant to section 1105(a) of title 31 Senate, Washington, DC 20510–6150, or 1016) entitled ‘‘An Act to amend title 38, in order to assess whether or not the relevant by e-mail to United States Code, to provide advance ap- components of the amounts requested in such [email protected]. propriations authority for certain accounts budget for such fiscal year for the medical care For further information, please con- of the Department of Veterans Affairs, and accounts of the Department of Veterans Affairs tact Jonathan Black at (202) 224–6722 or for other purposes.’’, with the following specified in section 117(c) of title 38, United Gina Weinstock at (202) 224–5684. amendment: States Code, as added by section 3, are con- In lieu of the matter proposed to be in- sistent with estimates of the resources required COMMITTEE ON ENERGY AND NATURAL serted by the amendment of the Senate, in- by the Department for the provision of medical RESOURCES sert the following: care and services in such fiscal year, as forecast Mr. BINGAMAN. Mr. President, I SECTION 1. SHORT TITLE. using the Enrollee Health Care Projection would like to announce for the infor- This Act may be cited as the ‘‘Veterans Health Model, or other methodologies used by the De- mation of the Senate and the public Care Budget Reform and Transparency Act of partment. that a business meeting has been 2009’’. (b) REPORTS.— N GENERAL scheduled before Committee on Energy SEC. 2. PRESIDENT’S BUDGET SUBMISSION. (1) I .—Not later than 120 days after the date of each year in 2011, 2012, and 2013, on and Natural Resources. The business Section 1105(a) of title 31, United States Code, which the President submits the budget request is amended by adding at the end the following meeting will be held on Wednesday, Oc- for the next fiscal year under section 1105 of new paragraph: tober 14, 2009, at 11:30 a.m., in room title 31, United States Code, the Comptroller ‘‘(36) information on estimates of appropria- SD–366 of the Dirksen Senate Office General shall submit to the Committees on Vet- tions for the fiscal year following the fiscal year Building. erans’ Affairs, Appropriations, and the Budget for which the budget is submitted for the fol- of the Senate and the Committees on Veterans’ The purpose of the business meeting lowing medical care accounts of the Veterans Affairs, Appropriations, and the Budget of the is to consider pending nominations. Health Administration, Department of Veterans House of Representatives and to the Secretary a For further information, please con- Affairs account: report on the review conducted under subsection tact Sam Fowler at (202) 224–7571 or ‘‘(A) Medical Services. (a). Amanda Kelly at (202) 224–6836. ‘‘(B) Medical Support and Compliance. (2) ELEMENTS.—Each report under this para- f ‘‘(C) Medical Facilities.’’. graph shall include, for the fiscal year begin- SEC. 3. ADVANCE APPROPRIATIONS FOR CERTAIN AUTHORITY FOR COMMITTEES TO ning in the year in which such report is sub- MEDICAL CARE ACCOUNTS OF THE mitted, the following: MEET DEPARTMENT OF VETERANS AF- (A) An assessment of the review conducted FAIRS. COMMITTEE ON FINANCE under subsection (a). (a) IN GENERAL.—Chapter 1 of title 38, United Ms. MIKULSKI. Mr. President, I ask (B) The basis for such assessment. States Code, is amended by inserting after sec- (C) Such additional information as the Comp- unanimous consent that the Com- tion 116 the following new section: troller General determines appropriate. mittee on Finance be authorized to ‘‘§ 117. Advance appropriations for certain (3) AVAILABILITY TO THE PUBLIC.—Each report meet during the session of the Senate medical care accounts submitted under this subsection shall also be on October 13, 2009, at 10 a.m., in room ‘‘(a) IN GENERAL.—For each fiscal year, be- made available to the public. 216 of the Hart Senate Office Building. ginning with fiscal year 2011, discretionary new Mr. AKAKA. Mr. President, I am very The PRESIDING OFFICER. Without budget authority provided in an appropriations pleased that the Senate and House Vet- objection, it is so ordered. Act for the medical care accounts of the Depart- erans’ Affairs Committees have worked SELECT COMMITTEE ON INTELLIGENCE ment shall— out an agreement on S. 423 and H.R. ‘‘(1) be made available for that fiscal year; 1016, the proposed Veterans Health Ms. MIKULSKI. Mr. President, I ask and unanimous consent that the Select ‘‘(2) include, for each such account, advance Care Budget Reform and Transparency Committee on Intelligence be author- discretionary new budget authority that first Act of 2009. With the President’s signa- ized to meet during the session of the becomes available for the first fiscal year after ture, this vital piece of legislation, Senate on October 13, 2009, at 2:30 p.m. the budget year. which I will refer to as the ‘‘Com- The PRESIDING OFFICER. Without ‘‘(b) ESTIMATES REQUIRED.—The Secretary promise Agreement,’’ will authorize, objection, it is so ordered. shall include in documents submitted to Con- beginning in fiscal year 2011, advance gress in support of the President’s budget sub- f appropriations for certain medical care mitted pursuant to section 1105 of title 31, accounts of the Department of Vet- United States Code, detailed estimates of the NOTICE: REGISTRATION OF MASS erans Affairs by providing 2 fiscal year MAILINGS funds necessary for the medical care accounts of the Department for the fiscal year following the budget authority. The filing date for 2009 third quarter fiscal year for which the budget is submitted. This compromise agreement will pro- Mass Mailings is Monday, October 26, ‘‘(c) MEDICAL CARE ACCOUNTS.—For purposes vide sufficient, timely, and predictable 2009. If your office did no mass mailings of this section, the term ‘medical care accounts health care funding to those who have during this period, please submit a of the Department’ means the following medical sacrificed a great deal for this Nation. form that states ‘‘none.’’ care accounts of the Veterans Health Adminis- By ensuring advanced appropriations Mass mailing registrations, or nega- tration, Department of Veterans Affairs ac- to the medical services, medical sup- tive reports, should be submitted to count: port and compliance, and medical fa- the Senate Office of Public Records, 232 ‘‘(1) Medical Services. ‘‘(2) Medical Support and Compliance. cilities accounts, VA will be able to Hart Building, Washington, DC 20510– ‘‘(3) Medical Facilities. better align its funding cycles and 7116. ‘‘(d) ANNUAL REPORT.—Not later than July 31 function more effectively. The Public Records office will be of each year, the Secretary shall submit to Con- The VA system has experienced re- open from 9 a.m. to 6 p.m. on the filing gress an annual report on the sufficiency of the current problems with receiving proper

VerDate Nov 24 2008 04:29 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.059 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10377 and timely appropriations. Funds for This legislation will allow the gov- of advance appropriations for these accounts VA have been appropriated late in 19 of ernment to honor its obligation to pro- in the annual information it provides to Con- the past 22 years, and in the past 7 vide high quality, consistent, and ade- gress in support of the Department’s budget years, such appropriations were only request. The House bill would also require a quate health care to the Nation’s vet- report to be submitted annually to Congress, received, on average, 3 months after erans and I am gratified will soon be- no later than July 31 of each year, on the the commencement of the new fiscal come public law. sufficiency of the Department’s resources for year. In testimony provided to the Sen- I ask unanimous consent that the Ex- the fiscal year beginning after the date of ate Committee on Veterans’ Affairs in planatory Statement for this legisla- the submission of the report for the provi- conjunction with a hearing in July of tion be printed in the RECORD. sion of medical care and include estimates of 2007, James Dudley, a former director There being no objection, the mate- the workload and demand data for that fiscal of the Richmond VA Medical Center, rial was ordered to be printed in the year. The Senate bill (section 3) would amend wrote that as a VA hospital adminis- RECORD, as follows: title 38, United States Code, to add a new trator he dealt with the ‘‘uncertainty EXPLANATORY STATEMENT SUBMITTED section providing that, beginning with fiscal of sufficient resources to meet the BY SENATOR AKAKA, CHAIRMAN OF year 2011, new discretionary budget author- needs of the veteran population.’’ He THE SENATE COMMITTEE ON VET- ity for the provision of advance appropria- went on to say that, ‘‘Our primary con- ERANS’ AFFAIRS, REGARDING H.R. 1016 tions for the Medical Services, Medical Sup- cern was always quality of care so we VETERANS HEALTH CARE BUDGET REFORM AND port and Compliance, and Medical Facilities delayed maintenance, construction or TRANSPARENCY ACT OF 2009 accounts of the Department of Veterans Af- equipment purchases to ensure that H.R. 1016, as amended, the ‘‘Veterans fairs, shall be made available for the fiscal year involved, and shall include new discre- the patients were cared for.’’ Health Care Budget Reform and Trans- parency Act of 2009,’’ reflects a Compromise tionary budget authority for such accounts Also, because of the uncertainty, re- that become available for the first fiscal quests for supplemental appropriations Agreement reached by the Senate and House Committees on Veterans’ Affairs (the Com- year after such fiscal year. for VA health care have also increased mittees) on the following bills reported dur- The Compromise Agreement contains the in frequency during recent years. This ing the 111th Congress: H.R. 1016, as amended House provision modified to include only the compromise agreement will represent a (House bill); S. 423 (Senate bill). H.R. 1016, as three accounts specified in the Senate bill. step in the right direction, as VA ad- amended, passed by the House of Representa- SECTION 4. COMPTROLLER GENERAL REVIEW OF ministrators and directors will be able tives on June 23, 2009. The text of S. 423 THE ACCURACY OF VA MEDICAL CARE BUDGET to more efficiently service veterans passed the Senate as a substitute amend- SUBMISSIONS IN RELATION TO BASELINE with adequate and stable funding to ment to the House bill on August 6, 2009. HEALTH CARE MODEL PROJECTION. the VA health care system. The Committees have prepared the fol- Both the House bill (section 5) and the Sen- lowing explanation of H.R. 1016, as further I recognize mandating a 2-fiscal year ate bill (section 4) would provide for en- amended to reflect a compromise agreement hanced oversight of the Department of Vet- budget authority is a serious under- between the Committees (Compromise erans Affairs budget process by requiring the taking, and as such, have worked to Agreement). Differences between the provi- Comptroller General to conduct a study of have the compromise agreement lead sions contained in the Compromise Agree- the adequacy and accuracy of baseline model to enhanced oversight of the VA health ment and the related provisions of the Sen- projections for health care expenditures. care budget process. The Comptroller ate Bill and the House Bill are noted in this Both the House bill and Senate bill would re- General of the United States will be re- document, except for clerical corrections, quire the Comptroller General to submit required to conduct a study of adequacy conforming changes made necessary by the ports on the dates in 2011, 2012, and 2013 that Compromise Agreement, and minor drafting, and accuracy of the budget projections the President submits a budget request for technical, and clarifying changes. the next fiscal year, to appropriate Commit- made by VA’s enrollee health care pro- SECTION 1. SHORT TITLE tees of Congress and to the Secretary of Vet- jection model or any other model or erans Affairs, containing statements of methodology used to measure health Both the House bill (section 1) and the Sen- ate bill (section 1) would provide the short whether the amounts requested in the budg- care expenditures, for each fiscal year title as the ‘‘Veterans Health Care Budget et by the President are consistent with an- of the budget request. The Comptroller Reform and Transparency Act of 2009.’’ ticipated expenditures for health care in General’s report would be submitted to The Compromise Agreement contains this such fiscal year as determined utilizing the both the Senate and House Veterans’ provision. Enrollee Health Care Projection Model, its equivalent, or other methodologies. Affairs Committees no later than 120 SECTION 2. PRESIDENT’S BUDGET SUBMISSION The Compromise Agreement contains this days after the date on which the Presi- The House bill (section 3) would amend sec- provision modified to require the annual re- dent submits the budget request for the tion 1105 of title 31, United States Code, to ports to be submitted not later than 120-days coming fiscal year. require the President to submit information after the submission of the President’s budg- Advanced funding is a concept that on the estimates of appropriations for the et and to include an assessment of the review has been endorsed by The Partnership fiscal year following the fiscal year for conducted by the Comptroller General as to for Veterans Health Care Budget Re- which the budget is submitted for the Med- whether or not the relevant components of form, an organization made up of nine ical Services, Medical Support and Compli- the budget request are consistent with the ance, Medical Facilities, Information Tech- major veterans service organizations— estimates of the Department of Veterans Af- nology Systems, and Medical and Prosthetic fairs for the provision of medical care and The American Legion, American Vet- Research accounts of the Department of Vet- services. The Committees have selected a erans, Blinded Veterans Association, erans Affairs. 120-day deadline to give the Comptroller Disabled American Veterans, Jewish The Senate bill contains no similar provi- General sufficient time to review the Presi- War Veterans of the USA, Military sion. dent’s budget following its submission and Order of the Purple Heart of the USA, The Compromise Agreement contains the to, at the very least, inform the delibera- Inc., Paralyzed Veterans of America, House provision but modifies it to require in- tions of the House and Senate Appropria- formation on the estimates for three actions Committees prior to their consider- Veterans of Foreign Wars of the United counts: the Medical Services, Medical Sup- States, and Vietnam Veterans of Amer- ation of VA appropriations bills. However, it port and Compliance, and Medical Facilities is the Committees’ desire that, notwith- ica, Inc. It is also endorsed by The accounts. standing the 120-day deadline, the reports Independent Budget; The Military Coa- SECTION 3. ADVANCE APPROPRIATIONS FOR CER- under this section be submitted as quickly as lition, an organization of 35 veterans TAIN MEDICAL CARE ACCOUNTS OF THE DE- possible after submission of the President’s and military service organizations; and PARTMENT OF VETERANS AFFAIRS. budget request so as to be useful by the Com- the American Federation for Govern- The House bill (section 4) would amend mittees in meeting their responsibilities ment Employees. title 38, United States Code, to add a new under the Congressional Budget Act of 1974 I appreciate the support from our col- section providing authority, beginning with to provide views and estimates on matters leagues who have cosponsored this leg- fiscal year 2011, for the provision of advance within their jurisdiction to the House and appropriations for the Medical Services, Senate Budget Committees, as well as during islation, including Veterans’ Affairs deliberation on annual Congressional budget Committee members Senators BURR, Medical Support and Compliance, Medical Facilities, Information Technology Systems, resolutions. ROCKEFELLER, MURRAY, SANDERS, and Medical and Prosthetic Research ac- PROVISIONS NOT ADOPTED BROWN, TESTER, BEGICH, BURRIS, SPEC- counts of the Department of Veterans Af- Section 2 of the House bill would express TER, and ISAKSON. I am also grateful to fairs. The new section would require the De- the Sense of the Congress that the provision Senator SNOWE for serving as an origi- partment of Veterans Affairs to provide addi- of health care services to veterans could be nal cosponsor. tional detailed budget estimates in support more effectively and efficiently planned and

VerDate Nov 24 2008 04:29 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.048 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10378 CONGRESSIONAL RECORD — SENATE October 13, 2009 managed if funding was provided for the The bill (S. 1510) was ordered to be formed Division having the authorities de- management and provision of such services engrossed for a third reading, was read scribed under section 3056A(b) of title 18; in the form of advance appropriations. the third time, and passed, as follows: ‘‘(2) the term ‘Secretary’ means the Sec- Section 2 of the Senate amendment ex- retary of the Department of Homeland Secu- S. 1510 presses Congressional findings which support rity; and the need for enactment of advance appropria- Be it enacted by the Senate and House of Rep- ‘‘(3) the term ‘United States Secret Service tions for VA medical care. resentatives of the United States of America in Uniformed Division’ has the meaning given Congress assembled, Mr. DURBIN. Mr. President, I ask that term under section 3056A of title 18. SECTION 1. SHORT TITLE. unanimous consent that the Senate This Act may be cited as the ‘‘United ‘‘§ 10202. Authorities concur in the House amendment. States Secret Service Uniformed Division The PRESIDING OFFICER. Without ‘‘(a) IN GENERAL.—The Secretary is author- Modernization Act of 2009’’. ized to— objection, it is so ordered. SEC. 2. PURPOSE. ‘‘(1) fix and adjust rates of basic pay for f The purpose of this Act is to transfer stat- members of the United States Secret Service utory entitlements to pay and hours of work UNITED STATES SECRET SERVICE Uniformed Division, subject to the require- authorized by the District of Columbia Code ments of this chapter; UNIFORMED DIVISION MOD- for current members of the United States Se- ‘‘(2) determine what constitutes an accept- ERNIZATION ACT OF 2009 cret Service Uniformed Division from the able level of competence for the purposes of Mr. DURBIN. Mr. President, I ask District of Columbia Code to the United section 10205; States Code. unanimous consent that the Senate ‘‘(3) establish and determine the positions SEC. 3. HUMAN RESOURCES FOR UNITED STATES proceed to the immediate consider- at the Officer and Sergeant ranks to be in- SECRET SERVICE UNIFORMED DIVI- cluded as technician positions; and ation of Calendar No. 171, S. 1510. SION. ‘‘(4) determine the rate of basic pay of a The PRESIDING OFFICER. The (a) PAY FOR MEMBERS OF THE UNITED member who is changed or demoted to a clerk will report the bill by title. STATES SECRET SERVICE UNIFORMED DIVI- lower rank, in accordance with section 10208. The bill clerk read as follows: SION.—Subpart I of part III of title 5, United States Code, is amended by adding at the end ‘‘(b) DELEGATION OF AUTHORITY.—The Sec- A bill (S. 1510) to transfer statutory enti- the following: retary is authorized to delegate to the des- tlements to pay and hours of work author- ignated agent or agents of the Secretary, ‘‘CHAPTER 102—UNITED STATES SECRET ized by the District of Columbia Code for any power or function vested in the Sec- SERVICE UNIFORMED DIVISION PER- current members of the United States Secret retary under in this chapter. Service Uniformed Division from the Dis- SONNEL ‘‘(c) REGULATIONS.—The Secretary may trict of Columbia Code to the United States ‘‘Sec. prescribe such regulations as may be nec- Code. ‘‘10201. Definitions. ‘‘10202. Authorities. essary to administer this chapter. There being no objection, the Senate ‘‘10203. Basic pay. ‘‘§ 10203. Basic pay proceeded to consider the bill. ‘‘10204. Rate of pay for original appoint- Mr. DURBIN. Mr. President, I ask ments. ‘‘(a) IN GENERAL.—The annual rates of unanimous consent that the bill be ‘‘10205. Service step adjustments. basic pay of members of the United States read a third time and passed, the mo- ‘‘10206. Technician positions. Secret Service Uniformed Division shall be ‘‘10207. Promotions. fixed in accordance with the following sched- tion to reconsider be laid upon the ‘‘10208. Demotions. table, with no intervening action or de- ule of rates, except that the payable annual ‘‘10209. Clothing allowances. rate of basic pay for positions at the Lieu- bate, and that any statements relating ‘‘§ 10201. Definitions tenant, Captain, and Inspector ranks is lim- to the bill be printed in the RECORD. ‘‘In this chapter— ited to 95 percent of the rate of pay for level The PRESIDING OFFICER. Without ‘‘(1) the term ‘member’ means an employee V of the Executive Schedule under sub- objection, it is so ordered. of the United States Secret Service Uni- chapter II of chapter 53.

‘‘Rank Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 Step 13

Officer ...... $44,000 $46,640 $49,280 $51,920 $54,560 $57,200 $59,840 $62,480 $65,120 $67,760 $70,400 $73,040 $75,680 Sergeant ...... 59,708 62,744 65,780 68,816 71,852 74,888 77,924 80,960 83,996 87,032 Lieutenant ...... 69,018 72,358 75,698 79,038 82,378 85,718 89,058 92,398 95,738 Captain ...... 79,594 83,268 86,942 90,616 94,290 97,964 101,638 105,312 Inspector ...... 91,533 95,758 99,983 104,208 108,433 112,658 116,883 121,108 Deputy Chief ...... The rate of basic pay for Deputy Chief positions will be equal to 95 percent of the rate of pay for level V of the Executive Schedule. Assistant Chief ...... The rate of basic pay the Assistant Chief position will be equal to 95 percent of the rate of pay for level V of the Executive Schedule. Chief ...... The rate of basic pay the Chief position will be equal to the rate of pay for level V of the Executive Schedule.

‘‘(b) SCHEDULE ADJUSTMENT.— pay for level V of the Executive Schedule superior qualifications or a special need of ‘‘(1)(A) Effective at the beginning of the under subchapter II of chapter 53. the Government for the individual’s services. first pay period commencing on or after the ‘‘(3) Locality-based comparability pay- first day of the month in which an adjustments authorized under section 5304 shall be ‘‘§ 10205. Service step adjustments ment in the rates of basic pay under the Gen- applicable to the basic pay for all ranks ‘‘(a) DEFINITION.—In this section, the term eral Schedule takes effect under section 5303 under this section, except locality-based ‘calendar week of active service’ includes all or other authority, the schedule of annual comparability payments may not be paid at periods of leave with pay or other paid time rates of basic pay of members (except the a rate which, when added to the rate of basic off, and periods of non-pay status which do Deputy Chiefs, Assistant Chief and Chief) pay otherwise payable to the member, would not cumulatively equal one 40-hour work- shall be adjusted by the Secretary by a per- cause the total to exceed the rate of basic week. centage amount corresponding to the per- pay payable for level IV of the Executive Schedule. ‘‘(b) ADJUSTMENTS.—Each member whose centage adjustment made in the rates of pay current performance is at an acceptable level under the General Schedule. ‘‘§ 10204. Rate of pay for original appoint- of competence shall have a service step ad- ‘‘(B) The Secretary may establish a meth- ments justment as follows: odology of schedule adjustment that— ‘‘(a) IN GENERAL.—Except as provided in ‘‘(1) Each member in service step 1, 2, or 3 ‘‘(i) results in uniform fixed-dollar step in- subsection (b), all original appointments shall be advanced successively to the next crements within any given rank; and shall be made at the minimum rate of basic higher service step at the beginning of the ‘‘(ii) preserves the established percentage pay for the Officer rank set forth in the first pay period immediately following the differences among rates of different ranks at schedule in section 10203. completion of 52 calendar weeks of active the same step position. ‘‘(b) EXCEPTION FOR SUPERIOR QUALIFICA- service in the member’s service step. ‘‘(2) Notwithstanding paragraph (1), the TIONS OR SPECIAL NEED.—The Director of the ‘‘(2) Each member in service step 4, 5, 6, 7, payable annual rate of basic pay for posi- United States Secret Service or the designee 8, 9, 10, or 11 shall be advanced successively tions at the Lieutenant, Captain, and Inspec- of the Director may appoint an individual at to the next higher service step at the begin- tor ranks after adjustment under paragraph a rate above the minimum rate of basic pay ning of the first pay period immediately fol- (1) may not exceed 95 percent of the rate of for the Officer rank based on the individual’s lowing the completion of 104 calendar weeks

VerDate Nov 24 2008 03:13 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.012 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10379 of active service in the member’s service tion 10205, periods of service at the lower (1) in subsection (a), by striking ‘‘Execu- step. rank shall be credited in the same manner as tive Protective Service force’’ and inserting ‘‘(3) Each member in service step 12 shall if it was service at the rank to which the em- ‘‘United States Secret Service Uniformed Di- be advanced successively to the next higher ployee is promoted. vision’’; service step at the beginning of the first pay ‘‘§ 10208. Demotions (2) in subsection (b)(3), by striking ‘‘the period immediately following the completion ‘‘When a member is changed or demoted Treasury for the Executive Protective Serv- of 156 calendar weeks of active service in the from any rank to a lower rank, the Sec- ice force’’ and inserting ‘‘Homeland Security member’s service step. retary may fix the member’s rate of basic for the United States Secret Service Uni- ‘‘§ 10206. Technician positions pay at the rate of pay for any step in the formed Division’’; and ‘‘(a) IN GENERAL.—(1) Each member whose lower rank which does not exceed the lowest (3) by adding at the end the following: step in the lower rank for which the rate of position is determined under section ‘‘(c) This section shall not apply to mem- 10202(a)(3) to be included as a technician po- basic pay is equal to or greater than the bers of the United States Secret Service Uni- sition shall, on or after such date, receive, in member’s existing rate of basic pay. formed Division who are covered under chap- addition to the member’s scheduled rate of ‘‘§ 10209. Clothing allowances ter 84 for the purpose of retirement bene- basic pay, an amount equal to 6 percent of ‘‘(a) IN GENERAL.—In addition to the bene- the sum of such member’s rate of basic pay fits provided under section 5901, the Director fits.’’. and the applicable locality-based com- of the United States Secret Service or the SEC. 4. MISCELLANEOUS PROVISIONS. parability payment. designee of the Director is authorized to pro- ‘‘(2) A member described in this subsection vide a clothing allowance to a member as- (a) CONVERSION TO NEW SALARY SCHEDULE shall receive the additional compensation signed to perform duties in normal business IN CALENDAR YEAR 2010.— authorized by this subsection until such or work attire purchased at the discretion of (1) IN GENERAL.— time as the member’s position is determined the employee. Such clothing allowance shall (A) RATES OF PAY FIXED.—Effective the under section 10202(a)(3) not to be a techni- not to be treated as part of the member’s first day of the first pay period beginning on cian position, or until the member no longer basic pay for any purpose (including retire- or after May 1, 2010, the Secretary shall fix occupies such position, whichever occurs ment purposes) and shall not be used for the the rates of basic pay for members of the first. purpose of computing the member’s overtime United States Secret Service Uniformed Di- ‘‘(3) The additional compensation author- pay, pay during leave or other paid time off, vision, as defined under section 10201 of title ized by this subsection shall be paid to a lump-sum payments under section 5551 or 5, United States Code, (as added by section member in the same manner and at the same section 5552, workers’ compensation, or any 3(a) of this Act) in accordance with the pro- time as the member’s basic pay is paid. other benefit. Such allowance for any mem- visions of this subsection. ‘‘(b) EXCEPTIONS.—(1) Except as provided in ber may be discontinued at any time upon paragraph (2), the additional compensation (B) RATE BASED ON CREDITABLE SERVICE.— written notification by the Director of the (i) IN GENERAL.—Each member shall be authorized by subsection (a)(1) shall be con- United States Secret Service or the designee sidered as basic pay for all purposes, includ- placed in and receive basic pay at the cor- of the Director. responding scheduled rate under chapter 102 ing section 8401(4). ‘‘(b) MAXIMUM AMOUNT AUTHORIZED.—A of title 5, United States Code, as added by ‘‘(2) The additional compensation author- clothing allowance authorized under this section 3(a) of this Act (after any adjustment ized by subsection (a)(1) shall not be consid- section shall not exceed $500 per annum.’’. ered as basic pay for the purposes of— (b) ANNUAL LEAVE LIMITATION FOR MEM- under paragraph (3) of this subsection) in ac- ‘‘(A) section 5304; or BERS IN THE DEPUTY CHIEF, ASSISTANT CHIEF, cordance with the member’s total years of ‘‘(B) section 7511(a)(4). AND CHIEF RANKS.—Section 6304(f)(1) of title creditable service, as provided in the table in ‘‘(3) The loss of the additional compensa- 5, United States Code, is amended— this clause. If the scheduled rate of basic pay tion authorized by subsection (a)(1) shall not (1) in subparagraph (F), by striking ‘‘or’’ for the step to which the member would be constitute an adverse action for the purposes after the semicolon; assigned in accordance with this paragraph of section 7512. (2) in subparagraph (G), by striking the pe- is lower than the member’s rate of basic pay ‘‘§ 10207. Promotions riod and inserting ‘‘; or’’; and immediately before the date of enactment of ‘‘(a) IN GENERAL.—Each member who is (3) by adding at the end the following: this paragraph, the member shall be placed promoted to a higher rank shall receive basic ‘‘(H) a position in the United States Secret in and receive basic pay at the next higher pay at the same step at which such member Service Uniformed Division at the rank of service step, subject to the provisions of was being compensated prior to the date of Deputy Chief, Assistant Chief, or Chief.’’. clause (iv). If the member’s rate of pay ex- the promotion. (c) SICK LEAVE FOR WORK-RELATED INJU- ceeds the highest step of the rank, the rate ‘‘(b) CREDIT FOR SERVICE.—For the pur- RIES AND ILLNESSES.—Section 6324 of title 5, of basic pay shall be determined in accord- poses of a service step adjustment under sec- United States Code, is amended— ance with clause (iv).

Full Years of Creditable Service Step Assigned Upon Conversion

0 1

1 2

2 3

3 4

5 5

7 6

9 7

11 8

13 9

15 10

17 11

19 12

22 13

(ii) CREDITABLE SERVICE.—For the purposes lice, or the District of Columbia Metropoli- below Deputy Chief, is entitled to that rate of this subsection, a member’s creditable tan Police Department. of basic pay which is the greater of— service is any police service in pay status (iii) STEP 13 CONVERSION MAXIMUM RATE.— (aa) the rate of pay for step 13 under the with the United States Secret Service Uni- (I) IN GENERAL.—A member who, at the new salary schedule; or formed Division, the United States Park Po- time of conversion, is in step 13 of any rank

VerDate Nov 24 2008 03:13 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.013 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10380 CONGRESSIONAL RECORD — SENATE October 13, 2009 (bb) the rate of pay for step 14 under the bers and former members who have retired (14) In section 5–716(b)(2), by inserting ‘‘, pay schedule in effect immediately before under the District of Columbia Police and or, for a member who was an officer or mem- conversion. Firefighters’ Retirement and Disability Sys- ber of the United States Secret Service Uni- (II) STEP 14 RATE.—Clause (iv) shall apply tem. formed Division, or the United States Secret to a member whose pay is set in accordance SEC. 5. TECHNICAL AND CONFORMING AMEND- Service Division, 40 percent of the cor- with subclause (I)(bb). MENTS. responding salary for step 5 of the Officer (iv) ADJUSTMENT BASED ON FORMER RATE OF (a) IN GENERAL.—To the extent that any rank in section 10203 of title 5, United States PAY.— provision of the District of Columbia Code Code’’ after ‘‘member’s death’’. (I) DEFINITION.—In this clause, the term that authorizes an entitlement to pay or (15) In section 5–1304— ‘‘former rate of basic pay’’ means the rate of hours of work for current members of the (A) in subsection (a)(1)— basic pay last received by a member before United States Secret Service Uniformed Di- (i) by inserting ‘‘and’’ before ‘‘the Sec- the conversion. vision is not expressly revoked by this Act, retary of the Interior’’; and (II) IN GENERAL.—If, as a result of conver- such provision shall not apply to such mem- (ii) by striking ‘‘, and the Secretary of the sion to the new salary schedule, the members after the effective date of this Act. Treasury in the case of the United States Se- ber’s former rate of basic pay is greater than (b) TECHNICAL AND CONFORMING AMEND- cret Service Uniformed Division’’; the maximum rate of basic pay payable for MENTS TO THE DISTRICT OF COLUMBIA CODE.— (B) in subsection (a)(9)— the rank of the member’s position imme- The District of Columbia Code is amended as (i) by inserting ‘‘or’’ before ‘‘the United diately after the conversion, the member is follows: States Park Police force’’; and entitled to basic pay at a rate equal to the (1) In section 5–521.01, by striking ‘‘the (ii) by striking ‘‘or the United States Se- member’s former rate of basic pay, and in- United States Secret Service Uniformed Di- cret Service Uniformed Division’’; creased at the time of any increase in the vision,’’. (C) in subsection (b)— maximum rate of basic pay payable for the (2) In section 5–521.02, by striking, ‘‘the (i) by inserting ‘‘or’’ before ‘‘the Secretary rank of the member’s position by 50 percent United States Secret Service Uniformed Di- of the Interior’’; and of the dollar amount of each such increase. vision and’’. (ii) by striking ‘‘or the Secretary of the (III) PROMOTIONS.—For the purpose of ap- (3) In section 5–521.03, by striking— Treasury,’’; plying section 10207 of title 5, United States (D) in subsection (h)(3)(A), by striking ‘‘of Code, relating to promotions, (as added by (A) in the section heading ‘‘United States Secret Service Uniformed Division and’’; the United States Secret Service Uniformed section 3(a) of this Act) an employee receiv- Division or’’; and ing a rate above the maximum rate as pro- (B) ‘‘the United States Secret Service Uni- formed Division and’’; (E) in subsection (h)(3)(B), by striking ‘‘of vided under this clause shall be deemed to be the United States Secret Service Uniformed at step 13. (C) ‘‘the Secretary of the Treasury and’’; and Division or’’. (2) CREDIT FOR SERVICE.—Each member (16) In section 5–1305 by striking— whose position is converted to the salary (D) ‘‘, respectively’’. (4) In section 5–542.02, by striking ‘‘United (A) ‘‘the United States Secret Service Uni- schedule under chapter 102 of title 5, United formed Division,’’; and States Code, (as added by section 3(a) of this States Secret Service Uniformed Division,’’. (5) In section 5–543.01(b), by striking ‘‘the (B) ‘‘the Secretary of the Treasury,’’. Act) in accordance with this subsection shall (c) TECHNICAL AND CONFORMING AMEND- be granted credit for purposes of such mem- United States Secret Service Uniformed Di- vision,’’. MENTS TO THE UNITED STATES CODE.—Title 5 ber’s first service step adjustment made of the United States Code is amended— after conversion to the salary schedule under (6) In section 5–543.02, by striking— (A) in subsection (a), ‘‘the Secretary of (1) in section 5102(c)(5), by striking ‘‘the that chapter for all satisfactory service per- Executive Protective Service’’ and inserting formed by the member since the member’s Treasury, in the case of the United States Secret Service Uniformed Division,’’; ‘‘the United States Secret Service Uniformed last increase in basic pay before the adjust- Division’’; ment under this section. (B) in subsection (b), ‘‘the United States (2) in section 5541(2)(iv)(II), by striking ‘‘a (3) ADJUSTMENTS DURING TRANSITION.—The Secret Service Uniformed Division or’’; and member of the United States Secret Service schedule of rates of basic pay shall be in- (C) in subsection (e), ‘‘the United States Uniformed Division,’’; and creased by the percentage of any annual ad- Secret Service Uniformed Division or’’. (3) in the table of chapters for subpart I of justment applicable to the General Schedule (7) In section 5–543.03(a)(5), by striking part III by adding at the end the following: authorized under section 5303 of title 5, ‘‘the United States Secret Service Uniformed United States Code, or any other authority, Division and’’. ‘‘102. United States Secret Service which takes effect during the period which (8) In section 5–543.04, by striking in sub- Uniformed Division Personnel ..... 10201’’. begins on the date of enactment of this Act section (d)(1) ‘‘the United States Secret SEC. 6. EFFECTIVE DATE. through the day before the effective date of Service Uniformed Division or’’. This Act (including the amendments made this Act. The Secretary of Homeland Secu- (9) In section 5–543.05, by striking— by this Act) shall take effect the first day of rity may establish a methodology of sched- (A) ‘‘the United States Secret Service Uni- the first pay period beginning on or after ule adjustment that results in uniform fixed- formed Division,’’; and May 1, 2010. dollar step increments within any given rank (B) ‘‘or the Secretary of the Treasury,’’. f and preserves the established percentage dif- (10) In section 5–545.01, by striking— ferences among rates of different ranks at (A) in the section heading, ‘‘and the United AWARDING A CONGRESSIONAL the same step position. States Secret Service Uniformed Division’’; GOLD MEDAL TO DR. MUHAM- (b) IMPACT ON BENEFITS UNDER THE DIS- (B) in subsection (a), ‘‘and the United MAD YUNUS TRICT OF COLUMBIA POLICE AND FIRE- States Secret Service Uniformed Division’’; Mr. DURBIN. Mr. President, I ask FIGHTERS’ RETIREMENT AND DISABILITY SYS- (C) in subsection (c)(1)— unanimous consent that the Banking TEM.— (i) by striking ‘‘the United States Secret (1) SALARY INCREASES FOR PURPOSES OF Service Uniformed Division and’’; and Committee be discharged from further CERTAIN PENSIONS AND ALLOWANCES.— (ii) in the matter following paragraph (1), consideration of S. 846 and the Senate (A) DEEMED INCREASE.—The increases in by striking from the Salary Schedule proceed to its immediate consider- pay as a result of this Act shall be deemed to ‘‘United States Secret Service Uniformed Di- ation. be an increase of 2.93 percent in salary of vision’’; The PRESIDING OFFICER. Without current members for the purposes of section (D) in subsection (c)(2), by striking ‘‘the objection, it is so ordered. 5–744 or section 5–745 of the District of Co- annual rates of basic compensation’’ and all The clerk will report the bill by title. lumbia Code. that follows through ‘‘the Secretary of the The bill clerk read as follows: (B) CONVERSION AND INITIAL ADJUSTMENT.— Treasury, and’’; A bill (S. 846) to award the Congressional The conversion of positions and members of (E) in subsection (c)(5), by striking ‘‘offi- Gold Medal to Dr. Muhammad Yunus in rec- the United States Secret Service Uniformed cers and members of the United States Se- ognition of his contributions to the fight Division to appropriate ranks in the salary cret Service Uniformed Division or’’; against global poverty. schedule under section 5–545.01(c) of the Dis- (F) in subsection (c)(6)(A), by striking ‘‘the trict of Columbia Code, and the initial ad- United States Secret Service Uniformed Di- There being no objection, the Senate justments of rates of basic pay of those posi- vision or’’; and proceeded to consider the bill. tions and individuals in accordance with sec- (G) in subsection (c)(7)(A), by striking ‘‘the Mr. DURBIN. Mr. President, Pro- tion 5-561.02(a) of the District of Columbia United States Secret Service Uniformed Di- fessor Muhammad Yunus is one of the Code, shall not be treated as an increase in vision or’’. world’s leading figures in the fight salary for purposes of section 5–744 or section (11) In section 5–545.06, by striking ‘‘, the against poverty. He has dedicated his 5–745 of the District of Columbia Code. Secretary of the Treasury,’’. life to economic and social change, and (2) TREATMENT OF RETIREMENT BENEFITS (12) By striking section 5–561.01. AND PENSIONS OF CURRENT AND FORMER MEM- (13) In section 5–561.02(a)(1), by striking in doing so has transformed the lives of BERS.—Except as otherwise provided in this ‘‘the Secretary of Treasury’’ and all that fol- millions of people around the world. Act, nothing in this Act shall affect retire- lows through ‘‘United States Secret Service He is affectionately called the ‘‘bank- ment benefits and pensions of current mem- Uniformed Division, and’’. er to the poor,’’ largely because he is

VerDate Nov 24 2008 05:05 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A13OC6.013 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10381 the father of the microcredit move- riages postponed when an educated girl counting for approximately 18 percent of pri- ment, as we know it today. Microcredit has a chance to look at life from a new vate (nonfarm) employment and 87 percent of means small loans at competitive in- perspective. all business in the United States, and the terest rates to very poor people. The In 2006, Dr. Yunus was awarded the Small Business Administration has made over $318,000,000 in microloans to entre- loaned money can be used to buy basic Nobel Peace Prize for his ground- preneurs since 1992; tools and equipment or supplies that breaking work. This award recognized (8) Dr. Yunus, along with the Grameen can be used to make an income or live- that lasting peace and prosperity can Bank, was awarded the Nobel Peace Prize in lihood or generate revenue. be achieved only when large numbers 2006 for his efforts to promote economic and It was 1976 when Dr. Yunus began his of the world’s poor have the means to social opportunity and out of recognition innovative effort with loans of just $27 break out of poverty. In August, Presi- that lasting peace cannot be achieved unless from his own pocket to 42 craftspeople dent Obama recognized him with the large population groups find the means, such in a small village in his native Ban- Presidential Medal of Freedom. as microcredit, to break out of poverty; and (9) the microcredit ideas developed and put gladesh. From that small start, he Earlier this year, Senator BENNETT of into practice by Muhammad Yunus, along launched what has become a global Utah and I offered the Dr. Muhammad with other bold initiatives, can make a his- movement to create economic and so- Yunus Gold Medal Act, S. 846, to honor torical breakthrough in the fight against cial development from the ground up. his efforts. I thank Senator BENNETT poverty. In 1983, Dr. Yunus founded the for his leadership on this bill and our 70 SEC. 2. CONGRESSIONAL GOLD MEDAL. Grameen Bank to carry out his model colleagues who have cosponsored it. (a) PRESENTATION AUTHORIZED.—The on a much larger scale. With thousands Saturday, October 17, is Inter- Speaker of the House of Representatives and of very small loans, the bank has given national Day for the Eradication of the President pro tempore of the Senate millions of people living in extreme Poverty. Few people have done as shall make appropriate arrangements for the poverty a chance to start a small busi- much as Dr. Muhammad Yunus to presentation, on behalf of the Congress, of a ness or buy a few things to sell at the gold medal of appropriate design to Dr. Mu- eradicate poverty among the more hammad Yunus, in recognition of his many local market. Today, the Grameen than 1 billion people worldwide who enduring contributions to the fight against Bank operates in more than 84,000 vil- survive on about a dollar a day. We global poverty. lages around the world. It has provided honor his commitment and recognize (b) DESIGN AND STRIKING.—For purposes of more than $8 billion in low-interest his work and his remarkable achieve- the presentation referred to in subsection loans to nearly 8 million people. And ments as an individual. (a), the Secretary of the Treasury (hereafter its borrowers, who are among the poor- Mr. President, I ask unanimous con- in this Act referred to as the ‘‘Secretary’’) est of the poor and are not required to sent that the bill be read a third time shall strike a gold medal with suitable em- and passed; the motion to reconsider be blems, devices, and inscriptions, to be deter- provide any collateral, repay their mined by the Secretary. loans at the remarkable rate of 98 per- laid upon the table, with no inter- SEC. 3. DUPLICATE MEDALS. cent. vening action or debate; and any state- The Secretary may strike and sell dupli- Over the past 30 years, Dr. Yunus’s ments related to the bill be printed in cates in bronze of the gold medal struck pur- microcredit concept has been emulated the RECORD. suant to section 2, under such regulations as in more than 100 countries over 5 con- The PRESIDING OFFICER. Without the Secretary may prescribe, at a price suffi- tinents affecting the lives of as many objection, it is so ordered. cient to cover the cost thereof, including as 155 million people. This simple eco- The bill (S. 846) was ordered to be en- labor, materials, dies, use of machinery, and nomics professor from Bangladesh grossed for a third reading, was read overhead expenses, and the cost of the gold came up with an idea that has touched the third time, and passed, as follows: medal. positively the lives of over 155 million S. 846 SEC. 4. STATUS OF MEDALS. (a) NATIONAL MEDALS.—The medals struck people on Earth. Be it enacted by the Senate and House of Rep- Dr. Yunus’s work has been particu- pursuant to this Act are national medals for resentatives of the United States of America in purposes of chapter 51 of title 31, United larly dramatic when it comes to its im- Congress assembled, States Code. pact on women, who represent 95 per- SECTION 1. FINDINGS. (b) NUMISMATIC ITEMS.—For purposes of cent of his bank’s borrowers. Eco- The Congress finds that— sections 5134 and 5136 of title 31, United nomic, legal, and social inequities in (1) Dr. Muhammad Yunus is recognized in States Code, all medals struck under this the developing world make it much the United States and throughout the world Act shall be considered to be numismatic harder for women to earn an adequate as a leading figure in the fight against pov- items. erty and the effort to promote economic and SEC. 5. AUTHORITY TO USE FUND AMOUNTS; living and support their families. social change; Women make up 60 percent of the PROCEEDS OF SALE. (2) Muhammad Yunus is the recognized de- (a) AUTHORITY TO USE FUND AMOUNTS.— world’s working poor, 70 percent of the veloper of the concept of microcredit, and There are authorized to be charged against hungry, and 67 percent of the illiterate. Grameen Bank, which he founded, has cre- the United States Mint Public Enterprise When I visited Uganda many years ated a model of lending that has been emu- Fund, such amounts as may be necessary to ago and visited a microcredit oper- lated across the globe; pay for the costs of the medals struck pursu- ation, I asked the ladies who were (3) Muhammad Yunus launched this global ant to this Act. there, through an interpreter, how movement to create economic and social de- (b) PROCEEDS OF SALE.—Amounts received velopment from below, beginning in 1976, from the sale of duplicate bronze medals au- microcredit had changed their lives. with a loan of $27 from his own pocket to 42 One lady said: My knees have gone thorized under section 3 shall be deposited crafts persons in a small village in Ban- into the United States Mint Public Enter- soft. I asked for a translation—an ex- gladesh; prise Fund. planation—and she explained that be- (4) Muhammad Yunus has demonstrated f fore she got the microcredit loan that the life-changing potential of extending very gave her a chance to go to the market small loans (at competitive interest rates) to NATIONAL METASTATIC BREAST to make a little money to feed her fam- the very poor and the economic feasibility of CANCER AWARENESS DAY ily, she used to have to crawl on her microcredit and other microfinance and microenterprise practices and services; Mr. DURBIN. Mr. President, I ask knees to beg her husband for money to (5) Dr. Yunus’s work has had a particularly unanimous consent that the Judiciary feed her children. She said she doesn’t strong impact on improving the economic Committee be discharged from further have to crawl on her knees anymore. prospects of women, and on their families, as consideration of S. Res. 295 and the Her knees have gone soft. over 95 percent of microcredit borrowers are Senate proceed to its immediate con- By focusing its lending on women, women; sideration. Dr. Yunus and the Grameen Bank em- (6) Dr. Yunus has pioneered a movement The PRESIDING OFFICER. Without power women both within their fami- with the potential to assist a significant objection, it is so ordered. number of the more than 1,400,000,000 people, lies and within their communities. The The clerk will report the resolution effect is remarkable: Babies are more mostly women and children, who live on less than $1.25 a day, and the 2,600,000,000 people by title. likely to survive infancy and thrive; who live on less than $2 a day, and which has The bill clerk read as follows: their children—especially daughters— already reached 155,000,000, by one estimate; A resolution (S. Res. 295) designating Octo- are more likely to attend school; fami- (7) there are now an estimated 24,000,000 ber 13, 2009, as ‘‘National Metastatic Breast lies are more likely to eat; and mar- microenterprises in the United States ac- Cancer Awareness Day.’’

VerDate Nov 24 2008 03:13 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.046 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10382 CONGRESSIONAL RECORD — SENATE October 13, 2009 There being no objection, the Senate The PRESIDING OFFICER. The citizens, medical and military personnel, proceeded to consider the resolution. clerk will report the resolution by sports teams, and individuals throughout the Mr. DURBIN. I ask unanimous con- title. United States will demonstrate their com- sent the resolution be agreed to, the The bill clerk read as follows: mitment to healthy, productive, and drug- preamble be agreed to, the motions to free lifestyles by wearing and displaying red A resolution (S. Res. 313) supporting the ribbons during this week-long celebration: reconsider be laid upon the table with goals and ideals of Red Ribbon Week, 2009. Now, therefore, be it no intervening action or debate, and There being no objection, the Senate Resolved, That the Senate— any statements related to the resolu- proceeded to consider the resolution. (1) supports the goals and ideals of Red tion be printed in the RECORD. Mr. DURBIN. I ask unanimous con- Ribbon Week, 2009; The PRESIDING OFFICER. Without (2) encourages children and teens to choose sent that the resolution be agreed to, objection, it is so ordered. to live drug-free lives; and The resolution (S. Res. 295) was the preamble be agreed to, and the mo- (3) encourages the people of the United agreed to. tions to reconsider be laid upon the States to promote the creation of drug-free The preamble was agreed to. table. communities and to participate in drug pre- The resolution, with its preamble, The PRESIDING OFFICER. Without vention activities to show support for reads as follows: objection, it is so ordered. healthy, productive, and drug-free lifestyles. S. RES. 295 The resolution (S. Res. 313) was f Whereas metastatic breast cancer refers to agreed to. MEASURE READ THE FIRST stage IV breast cancer, when cancer cells The preamble was agreed to. TIME—S. 1776 travel from the breast, either through the The resolution, with its preamble, bloodstream or the lymphatic system, to reads as follows: Mr. DURBIN. I understand S. 1776, introduced earlier today by Senator other parts of the body, including the bones, S. RES. 313 liver, lungs, or brain, and continue to grow STABENOW, is at the desk. I ask for its Whereas the Red Ribbon Campaign was es- in the new location; first reading. tablished to commemorate the service of Whereas in 2009, an estimated 192,370 Enrique ‘‘Kiki’’ Camarena, an 11-year special The PRESIDING OFFICER. The women and 1,910 men in the United States agent of the Drug Enforcement Administra- clerk will read the bill by title for the will be diagnosed with invasive breast can- tion who was murdered in the line of duty in first time. cer, and 62,280 women will be diagnosed with 1985 while engaged in the battle against il- The bill clerk read as follows: in situ breast cancer; licit drugs; A bill (S. 1776) to amend title XVIII of the Whereas nearly 30 percent of women diag- Whereas the Red Ribbon Campaign has Social Security Act to provide for the update nosed with early stage breast cancer will de- been sponsored by the National Family Part- under the Medicare physician fee schedule velop stage IV advanced or metastatic breast nership and nationally recognized since 1988 for years beginning with 2010 and to sunset cancer; to preserve Special Agent Camarena’s mem- the application of the sustainable growth Whereas in developing countries, the ma- ory and further the cause for which he gave rate formula, and for other purposes. jority of women with breast cancer are diag- his life, and is now the oldest and largest nosed with advanced stage or metastatic dis- Mr. DURBIN. I now ask for its second drug prevention program in the Nation, ease; reading and object to my own request. reaching millions of young people each year Whereas the statistic that 155,000 women during Red Ribbon Week; The PRESIDING OFFICER. Objec- and men are presently living with metastatic Whereas the Drug Enforcement Adminis- tion is heard. The bill will be read for breast cancer in the United States under- tration, committed throughout its 36 years the second time on the next legislative scores the immediate need for increased pub- to aggressively targeting organizations in- day. lic awareness; volved in the growing, manufacturing, and Mr. DURBIN. Mr. President, I sug- Whereas there currently is no cure for distribution of controlled substances, has metastatic breast cancer, and metastatic gest the absence of a quorum. been a steadfast partner in commemorating breast cancer frequently involves trying one The PRESIDING OFFICER. The Red Ribbon Week; treatment after another with the goal of ex- clerk will call the roll. Whereas the Governors and Attorneys Gen- tending the best quality of life as possible; The legislative clerk proceeded to eral of the States, the National Family Part- Whereas scientists and researchers are con- nership, Parent Teacher Associations, Boys call the roll. ducting important research projects to and Girls Clubs of America, the Drug En- Mr. DURBIN. Mr. President, I ask achieve breakthroughs in metastatic breast forcement Administration, and more than unanimous consent that the order for cancer research; 100 other organizations throughout the the quorum call be rescinded. Whereas metastatic breast cancer is rarely United States annually celebrate Red Ribbon The PRESIDING OFFICER. Without discussed during National Breast Cancer Week during the period of October 23 Awareness Month, observed in October 2009, objection, it is so ordered. through October 31; but those living with the disease should f Whereas the objective of Red Ribbon Week never feel isolated or ignored; is to promote the creation of drug-free com- EXECUTIVE SESSION Whereas metastatic Breast Cancer Aware- munities through drug prevention efforts, ness Day emphasizes the urgent need for education, parental involvement, and com- new, targeted breast cancer treatments that munity-wide support; EXECUTIVE CALENDAR will provide a high quality of life and long Whereas drug abuse is one of the major life expectancy for patients by making stage Mr. DURBIN. Mr. President, I ask challenges that the Nation faces in securing IV cancer a chronic, but not fatal, disease; a safe and healthy future for families in the unanimous consent that the Senate and United States; proceed to executive session to con- Whereas the Senate is an institution that Whereas drug abuse and alcohol abuse consider Calendar No. 464, the nomination can raise awareness in the general public and tribute to domestic violence and sexual as- of Daniel Werfel to be Controller of the the medical community of breast cancer: sault and place the lives of children at risk; Now, therefore, be it Office of Federal Financial Manage- Resolved, That the Senate— Whereas although public awareness of il- ment, Office of Management and Budg- (1) designates October 13, 2009, as ‘‘Na- licit drug use is increasing, emerging drug et; that the nomination be confirmed, tional Metastatic Breast Cancer Awareness threats and growing epidemics demand at- the motion to reconsider be laid upon Day’’; tention, including the abuse of methamphetamines, inhalants, and prescrip- the table, no further motions be in (2) encourages all people of the United order, and that any statements relat- States to become more informed and aware tion medications, the second most abused drug by young people in the United States; ing thereto be printed in the RECORD, of metastatic breast cancer; and the President be immediately notified (3) respectfully requests the Secretary of Whereas between 1996 and 2006, the per- the Senate to transmit a copy of this resolu- centages of admissions to substance abuse of the Senate’s action, and the Senate tion to the Metastatic Breast Cancer Net- treatment programs as a result of the abuse then resume legislative session. work. of methamphetamines, prescription medica- The PRESIDING OFFICER. Without tions, and marijuana each significantly rose; f objection, it is so ordered. Whereas drug dealers specifically target The nomination considered and con- RED RIBBON WEEK, 2009 children by marketing illicit drugs that mimic the appearance and names of well firmed is as follows: Mr. DURBIN. I ask unanimous con- known brand-name candies and foods; and EXECUTIVE OFFICE OF THE PRESIDENT sent that the Senate now proceed to Whereas parents, youths, schools, busi- Daniel I. Werfel, of Virginia, to be Con- the consideration of S. Res. 313, sub- nesses, law enforcement agencies, religious troller, Office of Federal Financial Manage- mitted earlier today. institutions, service organizations, senior ment, Office of Management and Budget.

VerDate Nov 24 2008 03:13 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.047 S13OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 13, 2009 CONGRESSIONAL RECORD — SENATE S10383 LEGISLATIVE SESSION PROGRAM POTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF HUNGARY. The PRESIDING OFFICER. The Sen- Mr. DURBIN. Senators should expect PETER ALAN PRAHAR, OF VIRGINIA, A CAREER MEM- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- ate will resume legislative session. the first vote of the day to be at 11:15 SELOR, TO BE AMBASSADOR EXTRAORDINARY AND a.m. tomorrow. That vote will be on PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA f TO THE FEDERATED STATES OF MICRONESIA. the motion to invoke cloture on the ORDERS FOR WEDNESDAY, DEPARTMENT OF JUSTICE OCTOBER 14, 2009 conference report to accompany H.R. 3183, the Energy and Water appropria- SHARON JEANETTE LUBINSKI, OF MINNESOTA, TO BE Mr. DURBIN. Mr. President, I ask UNITED STATES MARSHAL FOR THE DISTRICT OF MIN- tions bill. NESOTA FOR THE TERM OF FOUR YEARS, VICE MICHAEL unanimous consent that when the Sen- G. MCGINN. f ate completes its business today, it ad- THE JUDICIARY journ until 10 a.m. tomorrow, Wednes- ADJOURNMENT UNTIL 10 A.M. ROSANNA MALOUF PETERSON, OF WASHINGTON, TO BE day, October 14; that following the TOMORROW UNITED STATES DISTRICT JUDGE FOR THE EASTERN prayer and pledge, the Journal of pro- DISTRICT OF WASHINGTON, VICE FREDERICK L. VAN Mr. DURBIN. If there is no further SICKLE, RETIRED. ceedings be approved to date, the CHRISTINA REISS, OF VERMONT, TO BE UNITED morning hour be deemed expired, the business to come before the Senate, I STATES DISTRICT JUDGE FOR THE DISTRICT OF time for the two leaders be reserved for ask unanimous consent that it adjourn VERMONT, VICE JOHN GARVAN MURTHA, RETIRED. their use later in the day, and that under the previous order. there be a period of morning business There being no objection, the Senate, f for 1 hour, with Senators permitted to at 7:15 p.m., adjourned until Wednes- speak therein for up to 10 minutes day, October 14, 2009, at 10 a.m. CONFIRMATION each, with the time equally divided and f Executive nomination confirmed by controlled between the two leaders or NOMINATIONS the Senate, Tuesday, October 13, 2009: their designees, with the majority controlling the first half and the Repub- Executive nominations received by EXECUTIVE OFFICE OF THE PRESIDENT licans controlling the final half; that the Senate: DANIEL I. WERFEL, OF VIRGINIA, TO BE CONTROLLER, OFFICE OF FEDERAL FINANCIAL MANAGEMENT, OFFICE following morning business, the Senate NUCLEAR REGULATORY COMMISSION OF MANAGEMENT AND BUDGET. proceed to the consideration of the THE ABOVE NOMINATION WAS APPROVED SUBJECT TO GEORGE APOSTOLAKIS, OF MASSACHUSETTS, TO BE A THE NOMINEE’S COMMITMENT TO RESPOND TO RE- conference report to accompany H.R. MEMBER OF THE NUCLEAR REGULATORY COMMISSION QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY FOR THE TERM OF FIVE YEARS EXPIRING JUNE 30, 2014, CONSTITUTED COMMITTEE OF THE SENATE. 3138; that there then be 10 minutes of VICE PETER B. LYONS, TERM EXPIRED. debate equally divided and controlled WILLIAM D. MAGWOOD, IV, OF MARYLAND, TO BE A MEMBER OF THE NUCLEAR REGULATORY COMMISSION f between Senators DORGAN and BENNETT FOR THE REMAINDER OF THE TERM EXPIRING JUNE 30, of Utah or their designees, with Sen- 2010, VICE EDWARD MCGAFFIGAN, JR. ator DORGAN controlling the final 5 WILLIAM D. MAGWOOD, IV, OF MARYLAND, TO BE A MEMBER OF THE NUCLEAR REGULATORY COMMISSION WITHDRAWAL minutes; that upon the use or yielding FOR THE TERM OF FIVE YEARS EXPIRING JUNE 30, 2015. back of time, the Senate proceed to (REAPPOINTMENT) Executive Message transmitted by vote on the motion to invoke cloture DEPARTMENT OF HOMELAND SECURITY the President to the Senate on October on the conference report to accompany ELIZABETH M. HARMAN, OF MARYLAND, TO BE AN AS- 13, 2009 withdrawing from further Sen- SISTANT ADMINISTRATOR OF THE FEDERAL EMER- ate consideration the following nomi- H.R. 3183. Finally, I ask that the Sen- GENCY MANAGEMENT AGENCY, DEPARTMENT OF HOME- ate recess from 12:30 until 2:15 p.m. for LAND SECURITY, VICE W. ROSS ASHLEY, III, RESIGNED. nation: the weekly caucus luncheons. DEPARTMENT OF STATE LORELEI BOYLAN, OF NEW YORK, TO BE ADMINIS- TRATOR OF THE WAGE AND HOUR DIVISION, DEPART- The PRESIDING OFFICER. Without ELENI TSAKOPOULOS KOUNALAKIS, OF CALIFORNIA, MENT OF LABOR, VICE PAUL DECAMP, WHICH WAS SENT objection, it is so ordered. TO BE AMBASSADOR EXTRAORDINARY AND PLENI- TO THE SENATE ON MAY 11, 2009.

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HONORING SPECIAL AGENT DEFENSE AUTHORIZATION BILL As America’s companies aim to meet the FREDERICK E. BRAGG demands of the emerging markets in America, HON. STEVE SCALISE and Asia, AA NHOPIs, who have the cultural OF LOUISIANA and communications skills to create new opportunities, new jobs, and new investments, HON. MIKE ROGERS IN THE HOUSE OF REPRESENTATIVES are in demand. OF MICHIGAN Tuesday, October 13, 2009 Given this dramatic growth of AA NHOPI IN THE HOUSE OF REPRESENTATIVES Mr. SCALISE. Madam Speaker, I support business owners, supplier diversity or the use our troops, and that is why I voted for the De- of minority owned vendors as suppliers, has Tuesday, October 13, 2009 fense Authorization bill when it came before become a practice that is increasingly impor- Mr. ROGERS of Michigan. Madam Speaker, the House earlier this year in a straight up-or- tant to the success of any business. I want to I rise today to express my appreciation for down vote. Unfortunately, Speaker PELOSI de- take this opportunity to commend the National Special Agent Frederick E. Bragg—a dedi- cided to use our troops as political pawns by Council of Asian American Business Associa- cated public servant and an outstanding Presi- allowing the unrelated and ill-conceived tions, and presenting sponsor Wells Fargo, in dent of the FBI Agents Association (FBIAA). ‘‘thought crimes’’ bill to be rammed into the launching the NCAABA Supplier Academy at The FBIAA is over 20 years old and has final version of this conference report. UCLA on October 14–15, 2009, to ensure that AA NHOPIs will have the cultural and linguistic grown from several hundred agents to a pro- It is a sad day for our country, and a leadership skills to optimize the resources of fessional association of over 11,300 current shameful precedent, when the liberals running the global market, to create sustainable eco- and former agents from across the country. Congress hold our troops hostage to pass their radical social agenda. It is an insult to nomic change and climate change. Mr. Bragg’s long history of public service our servicemembers who are offended that f began in 1986 with the Onondaga County they are being used as ‘‘human shields’’ in a HONORING MR. KEVIN LEE Sheriff’s Department in Syracuse, New York political war waged by Speaker PELOSI to pass where he worked as a patrol deputy and an her radical social agenda, and I’m standing up MITCHEM OF MATHEWS COUNTY, investigator. Mr. Bragg joined the FBI in 1991 for our troops by opposing this abuse of VIRGINIA and has served as the President of the Tri- power. Speaker PELOSI and the liberals run- County Law Enforcement Association, spent a ning Congress owe our military and their fami- HON. ROBERT J. WITTMAN decade as an Assistant Team Leader of the lies an apology for playing political games with OF VIRGINIA Minneapolis SWAT Team, and has helped their mission. IN THE HOUSE OF REPRESENTATIVES lead efforts to combat terrorism, public corrup- f Tuesday, October 13, 2009 tion, and health care fraud. Mr. Bragg’s commitment to the mission of the FBIAA began in NATIONAL COUNCIL OF ASIAN Mr. WITTMAN. Madam Speaker, I rise 1995 and in 2003 he was elected President of AMERICAN BUSINESS ASSOCIA- today to pay tribute to Mr. Kevin Lee Mitchem. the FBIAA. Throughout the duration of his in- TIONS Kevin Mitchem was a proud Mathews County volvement with the FBIAA, Mr. Bragg has ad- resident and a fervent supporter of public edu- vanced the charitable and law enforcement HON. MICHAEL M. HONDA cation, and he was committed to lending his goals of the FBIAA, and his efforts have bene- OF CALIFORNIA time and knowledge to youth in the commu- fited agents and their families worldwide. IN THE HOUSE OF REPRESENTATIVES nity. Kevin was a devoted husband to his beloved wife, Sara, and a dedicated father to Mr. Bragg has been a leader when it comes Tuesday, October 13, 2009 their two children, Rachel and Daniel. to providing for the families of FBI Special Mr. HONDA. Madam Speaker, I rise today As the owner of Mitchem Seafood, Kevin Agents who give their lives in the service of to show my support for the National Council of was a staunch supporter of watermen and the our country. Mr. Bragg has helped raise hun- Asian American Business Associations seafood industry. At the time of his passing, dreds of thousands of dollars for the FBIAA (NCAABA), and for the important work the Kevin Mitchem was the Chairman of the Mat- Memorial Scholarship Fund, which helps pro- NCAABA has done for the Asian American hews County Board of Supervisors and prior vide college scholarships to children of de- and Pacific Islander business community. to the chairmanship, he served for twelve ceased FBI Agents. During Mr. Bragg’s time NCAABA was founded in 2000 to be the years as a board member. Additionally, he as President, this scholarship fund grew to a voice of Asian American business owners at served on the Middle Peninsula Planning Dis- level where 80% of a student’s college costs the national level, serving as a conduit of re- trict Commission. are now covered—and because of his efforts source and information, to educate the public, Kevin was deeply involved in his community it is likely this percentage will continue to in- private and business sectors, to advance and dedicated much of his time and effort to crease. America’s economic growth and stability. serve the residents of Matthews County. He In addition to his charitable work, Mr. Bragg Asian Americans, Native Hawaiians, and helped coach Mathews County Little League has also been an effective voice for FBI Other Pacific Islanders (AA NHOPIs) are the Baseball, Youth Basketball, High School Jun- Agents on questions of policy. I have had the fastest growing demographic group in Amer- ior Varsity Girls Basketball, and Junior Varsity opportunity to work personally with Mr. Bragg ica. In 2002, there were 1.1 million Asian Baseball. Mr. Mitchem was a strong supporter and have witnessed firsthand his unwavering American-owned firms in America, generating of community youth programs and he was in- commitment to our nation’s FBI Agents. His $326 billion in revenues, with the number of strumental in purchasing and renovating a fa- Asian American-owned firms growing 24% advocacy played a key role in many important cility for the senior citizens of Mathews Coun- from 1997, about twice the national average ty. policy issues, such as debates over whether a for all businesses. In addition, there were Furthermore, Kevin was a member of the domestic intelligence agency should be cre- 29,000 Native Hawaiian and Other Pacific Is- Masonic Lodge, Oriental #20 A.F. & A.M. of ated, the implementation of new ‘‘pay for per- lander (NHOPI)-owned firms, generating $4.3 Mathews County, the Scottish Rite Temple of formance’’ standards, and the importance of billion in revenue, with the number of NHOPI- Newport News, and the Tidewater Shrine criminal investigations to our nation’s security. owned firms growing 49% from 1997, roughly Club. Kevin was also an avid sports fan. He As a former FBI Special Agent, I commend 4 times the average for all businesses. In fact, was a lifelong fan of the Baltimore Orioles and Mr. Bragg for his excellent service on behalf of California, with more than 1/3 million Asian Washington Redskins. our nation’s premier law enforcement agents. American-owned firms has the largest number Kevin Lee Mitchem will be greatly missed by His work has earned the thanks and apprecia- of Asian American-owned firms of any state in all who knew him. He touched so many peo- tion of this body. America. ple’s lives and the work that he did for his

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Nov 24 2008 05:25 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K13OC8.001 E13OCPT1 smartinez on DSKB9S0YB1PROD with REMARKS E2506 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 2009 community will never be forgotten. My have always been a school of inclusion and in our country each year, we continue to de- thoughts and prayers are with his family and unity regardless of an individual’s background. fend those freedoms that define America’s friends. Eisenhower High School has been able to character. maintain an outstanding athletic program for f f their students, allowing them to participate in CONGRATULATING WESTON activities that promote the values of team IN HONOR OF LTG ROBERT ORD DEWOLFF, SOUTH CAROLINA’S work, integrity, and dedication. Their athletic JUNIOR DUCK STAMP DESIGN teams have consistently won conference titles HON. SAM FARR ‘‘BEST OF SHOW’’ AWARD WIN- in varied sports, including football, basketball, NER wrestling, and swimming. The boy’s basketball OF CALIFORNIA team currently holds the state championship IN THE HOUSE OF REPRESENTATIVES HON. HENRY E. BROWN, JR. title. With this victory they became the first Tuesday, October 13, 2009 OF SOUTH CAROLINA California Interscholastic Federation State title holders for a school from San Bernardino Mr. FARR. Madam Speaker, I rise to com- IN THE HOUSE OF REPRESENTATIVES County. mend a distinguished career of public service. On February 1, LTG Robert Ord will be retiring Tuesday, October 13, 2009 Pro Football Hall of Famer, Ronnie Lott as the Dean of the School of International graduated from Eisenhower High School; he Mr. BROWN of South Carolina. Madam Graduate Studies at the Naval Postgraduate went on to play for the San Francisco 49ers Speaker, I am pleased to announce that the School. Junior Duck Stamp Conservation and Design and was named to the NFL’s 75th Anniversary After 34 illustrious years in the U.S. Army, Program Reauthorization Act of 2009, legisla- team. Among other Eisenhower High School culminating as the commanding general of the tion that I sponsored with Congressmen Sol- alumni whom have played on the professional U.S. Army Pacific, Bob Ord joined the faculty omon Ortiz, has passed out of committee with level are Brandi Burton, David Lang, Jeff at the Naval Postgraduate School, bringing his unanimous consent. Conine, Darnell Coles, and Craig Newsome. Another distinguished alumnus is Derek Parra, wealth of military experience and relationships Also, I wanted to congratulate Weston from the halls of the Pentagon to one of the DeWolff, a 15-year-old student at the Charles- Olympic Speed-Skating gold medalist and 1500 meter world record holder. most significant graduate military education ton County School of the Arts and winner of programs in the Nation. The School of Inter- Eisenhower High School has also achieved the Junior Duck Stamp Design Program’s national Graduate Studies addresses current recognition in academics and community serv- ‘‘Best of Show’’ award for the State of South and emerging global security challenges by ice. They have achieved recognition on the Carolina, for his depiction of a male and fe- providing U.S. military and international stu- state level as well as national recognition. male mallard duck. dents with a graduate education in foreign pol- Anita Ware, alumna of Eisenhower, was its I congratulate Mr. DeWolff for his achieve- icy, international relations and security co- first student to be awarded the prestigious ment and I am proud to support the extension operation. of the Junior Duck Stamp Design program so Westinghouse Science Award. The school Having been a former Peace Corps volun- as to ensure that other students, like him, will newspaper, the Eagle’s Eye, received an teer in Colombia from 1964–66, I have a deep have the opportunity to participate in this con- award in 1976 for being one of the nation’s appreciation for the programs in the SIGS de- test in the future. best student newspapers from the National partment that focus on the need for capacity Finally, in addition to applauding the unani- Scholastic Press Association and Quill & Scroll. Eisenhower High School was also rec- building. Two programs of special interest to mous passage of this essential conservation me are the Leader Development and Edu- legislation, I want to congratulate Ducks Un- ognized as a National Blue Ribbon and as a California Distinguished School. cation for Sustained Peace and the Center for limited, the world’s largest and most effective Stabilization and Reconstruction Studies. Both Madam Speaker, I ask that my colleagues waterfowl conservation organization, for re- of these programs address a gap I identified join me today in honoring Eisenhower High cently receiving a $1 million North American while serving in the Peace Corps—the need to School. Their continuing record of accomplish- Wetlands Conservation Act grant. have greater cross-cultural awareness in our ment is due in no small part to the teaching This money will ensure that Ducks Unlimited security building programs; and, the impor- practices of the faculty who have guided the is able to continue their mission of protecting tance of bringing stabilization and reconstruc- school through the years. waterfowl habitats nationwide and will provide tion stakeholders together in the classroom additional funds to protect and enhance over f before they work together in an operational 8,000 acres of diverse wildlife habitat in both environment. Along with the Center for Home- HATE CRIMES PROVISION IN THE Charleston and Georgetown counties in the land Defense and Security, the only Depart- First District of South Carolina. NATIONAL DEFENSE AUTHORIZA- TION ACT ment of Homeland Security-sponsored mas- f ter’s degree program, SIGS is at the cutting edge of 21st century security and homeland HONORING EISENHOWER HIGH HON. CHRIS VAN HOLLEN defense challenges. SCHOOL OF MARYLAND Since February 1, 2008, General Ord has IN THE HOUSE OF REPRESENTATIVES served as the first Director of the Global Cen- HON. JOE BACA ter for Security Cooperation, located at the Tuesday, October 13, 2009 OF CALIFORNIA Naval Postgraduate School. The Center en- IN THE HOUSE OF REPRESENTATIVES Mr. VAN HOLLEN. Madam Speaker, our na- sures the Secretary of Defense is knowledge- tion’s founding principles guarantee individual able about all the Department of Defense Tuesday, October 13, 2009 freedom and liberty. We risk these rights when international education providers. Supporting Mr. BACA. Madam Speaker, I rise today to hateful discrimination and violence are allowed the 2006 Quadrennial Defense Review and honor Eisenhower High School in Rialto, Cali- to flourish. Hate crimes prevention legislation the Defense Security Cooperation Guidance, fornia, on the occasion of its 50th anniversary. gives law enforcement the tools they need to the Global Center coordinates, integrates and The students and alumni of Eisenhower protect our liberties and ensure that no Amer- deconflicts international education providers’ High School will celebrate 50 years of contin- ican is assaulted because of who they are. activities and programs. In his capacity as the ued academic excellence, October 17, 2009. We have existing federal hate crimes laws first Director, Bob Ord’s dynamic leadership This anniversary is a milestone for Rialto, Cali- to assist local law enforcement in cases of vio- and breadth of experience has enabled him to fornia. Throughout the past 50 years, the lent crimes motivated by a victim’s race, color, stand up a highly resilient organization that school has provided an exemplary educational religion, or national origin. With this legislation, can quickly respond to OSD priorities for glob- service to its students and has contributed we expand protections to gender, sexual ori- al international education. The success of the greatly to the community. entation, gender identity, and disability. Global Center for Security Cooperation is a Eisenhower first opened its doors in fall of Hate crimes devastate individuals and fami- lasting tribute to LTG Robert Ord. 1959, and since then has achieved success in lies and terrorize communities. By giving law Madam Speaker, I am proud to call Bob Ord academics, athletics and community service enforcement resources to combat and pros- a friend and I wish him well in the next chap- while providing a high level of education. They ecute the thousands of hate crimes that occur ter of his storied life.

VerDate Nov 24 2008 05:25 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K13OC8.004 E13OCPT1 smartinez on DSKB9S0YB1PROD with REMARKS October 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2507 CONGRATULATING PROFESSOR TRIBUTE TO THE POLISH PEOPLES League of Fresno, California on this occasion ELINOR OSTROM ON RECEIVING HOME of their 50th anniversary aptly recognized as, THE NOBEL MEMORIAL PRIZE IN ‘‘Women Building Better Communities.’’ ECONOMIC SCIENCES HON. BILL PASCRELL, JR. In 1948, the Service League of Fresno was OF NEW JERSEY formed and within the course of eleven years, HON. BARON P. HILL IN THE HOUSE OF REPRESENTATIVES it was accepted into the Association of Junior Leagues International, Inc. Each year since OF INDIANA Tuesday, October 13, 2009 their inception, 20,000 hours of voluntary serv- IN THE HOUSE OF REPRESENTATIVES Mr. PASCRELL. Madam Speaker, I would ice time has been generously provided by the Tuesday, October 13, 2009 like to call to your attention the work of an in- women of the Junior League of Fresno. As a stitution, The Polish Peoples Home–Polish Ms. HILL. Madam Speaker, on October 12, result of their years of commitment, over one American Cultural Center, that is celebrating million hours of service has been given to the 2009, Indiana University Professor Elinor its 100th Anniversary of dedicated service and community of Fresno by members of the Jun- Ostrom became the first woman in the forty- support to the Polish Community of Passaic, ior League. Since 1959, it has raised more one year history of the Nobel Memorial Prize New Jersey and the surrounding area. in Economic Sciences to receive the award. It is only fitting that The Polish Peoples than $3,000,000 toward community projects in Prof. Ostrom’s ground breaking research on Home be honored in this, the permanent the areas of children, health, social services, the management of common pool goods has record of the greatest democracy ever known, education, women’s issues and cultural arts. shown her commitment to original and pro- for the cultural home has provided friendship Meeting the needs of their community has gressive thinking in the field of economic and guidance to Polish-American families, es- been and continues to be the Junior League’s sciences. I am particularly proud of Prof. pecially those just embarking on their Amer- highest priority. Members research, develop, Ostrom’s achievements as Indiana University ican dream. Its dedication to the entire com- manage and support projects in conjunction is located in the Southern Indiana congres- munity, however, is what keeps this deeply- with community partners, concentrating on sional district that I am so proud to represent. rooted institution growing towards the future. areas where resources are nominal and where Prof. Ostrom, a member of Indiana Univer- The history of Polish people in Passaic is they can have the most meaningful impact. sity’s faculty since 1965, has a history of lead- rich and complex. During the first decade of Throughout the years, projects and organi- ing her field in scientific research. She co- the Twentieth Century, New Jersey had be- zations the Junior League has championed in- founded the workshop in Political Theory and come a magnet for migration. There was a de- clude: Break the Barriers, The Central Cali- Policy Analysis and is also the first woman to mand for labor and the opportunities brought fornia Blood Mobile, Children’s Hospital Cen- chair Indiana University’s Department of Polit- thousands of immigrants to New Jersey’s bur- tral California; The Craycroft Youth Shelter; ical Science. She currently serves as the Ar- geoning industrial centers. Polish immigrants The Discovery Center; Exceptional Parents thur F. Bentley professor of Political Science were one of the many groups who struggled to Unlimited; Firefighters Creating Memories; in the College of Arts and Sciences as well as create new lives for themselves here in Amer- Footsteps Child Bereavement Program; The a Professor in the School of Public and Envi- ica. They brought with them customs and cul- Fresno Art Museum; the Fresno County Shot ronmental Affairs at Indiana University in ture they wanted to preserve and maintain as Mobile Immunization Clinic; the Fresno Metro- Bloomington, Indiana. a link to the lives they left in Poland. politan Museum; The Marjaree Mason Center; Having been the first woman to win the On October 9, 1909 fifteen of these hard- The Ronald McDonald House; The Sanctuary Johan Skytte Prize in Political Science, as well working Polish immigrants formed a corpora- Youth Center; and Senior Girl Athlete Awards as the William H. Riker Prize in Political tion called ‘‘Polish Peoples Home.’’ The object Banquet. Science, it is no surprise that she has now re- of this corporation was to establish and sus- The Junior League believes, as do I, that ceived the prestigious Nobel Memorial Prize in tain a home for all Polish societies in the City volunteers make a powerful difference in the economic sciences. Her dedication and inno- of Passaic and the surrounding areas. One community. Their service, advocacy, leader- vative thinking can serve as a model for all hundred years later it continues to preserve ship roles and mentoring have touched count- those who seek to achieve original solutions in and enhance the Polish heritage of the past less lives throughout our community. I ask my their respective fields. while providing immeasurable lasting contribu- colleagues to join me in recognizing this won- tions to America’s present. derful group of women as the Junior League f The Polish Peoples Home of Passaic has of Fresno celebrate their 50th Anniversary of served as a haven for Polish immigrants and ‘‘Women Building Better Communities.’’ NEW YORK TIMES WEIGHTS POLL the Polish-American community, combining f IN FAVOR OF DEMOCRATS their recreational, cultural, social and educational endeavors. By promoting the beauty PERSONAL EXPLANATION HON. LAMAR SMITH and richness of their Polish heritage, they OF TEXAS honor the lasting impression made by Polish- HON. MICHAEL E. CAPUANO IN THE HOUSE OF REPRESENTATIVES Americans in the arts, sciences, industry and OF MASSACHUSETTS agriculture. IN THE HOUSE OF REPRESENTATIVES Tuesday, October 13, 2009 The job of a United States Congressman in- Mr. SMITH of Texas. Madam Speaker, the volves much that is rewarding, yet nothing Tuesday, October 13, 2009 New York Times reported recently that Presi- compares to learning about and recognizing Mr. CAPUANO. Madam Speaker, last week dent Obama has ‘‘considerable political the efforts of wonderful, thriving community in- I missed several rollcall votes and I wish to strength.’’ stitutions such as The Polish Peoples Home. state how I would have voted had I been The Times based this statement on its own Madam Speaker, I ask that you join the present: rollcall No. 753—yes; rollcall No. poll, which found the President has an ap- members and Board of The Polish Peoples 754—no; rollcall No. 755—yes. Home, all whose lives have been culturally en- proval rating of 56 percent—the highest num- f ber of any recent poll. riched throughout the years and me in recog- One reason for this might be that the Times nizing the outstanding contributions of The CONGRATULATING THE CHICAGO weighted the poll in favor of Democrats. Polish Peoples Home to the Polish-American BOTANIC GARDEN ON THE OPEN- Among those who actually responded to the community and beyond. ING OF THE DANIEL F. AND ADA poll, there were more Democrats than Repub- f L. RICE PLANT CONSERVATION SCIENCE CENTER licans by 6 percentage points. PAYING TRIBUTE TO THE WOMEN But when the Times finished computing the OF THE JUNIOR LEAGUE OF results, they had increased the gap to and un- FRESNO HON. MARK STEVEN KIRK reasonable and inexplicable 15 percentage OF ILLINOIS points. IN THE HOUSE OF REPRESENTATIVES With so many more Democrats in the sam- HON. JIM COSTA OF CALIFORNIA ple, it should come as no surprise that the Tuesday, October 13, 2009 IN THE HOUSE OF REPRESENTATIVES President’s approval rating is a higher than Mr. KIRK. Madam Speaker, I rise today to other polls have found. Tuesday, October 13, 2009 honor the Chicago Botanic Garden for the The Times would do well to show more bal- Mr. COSTA. Madam Speaker, I rise today to opening of the Daniel F. and Ada L. Rice ance in their polling—and their reporting. pay tribute to all of the women of the Junior Plant Conservation Science Center. This new

VerDate Nov 24 2008 05:25 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A13OC8.004 E13OCPT1 smartinez on DSKB9S0YB1PROD with REMARKS E2508 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 2009 center will serve to provide solutions to plant ed Board of Chosen Freeholders under the Domenici Mental Health Parity and Addiction conservation challenges through research and new form of charter change government of Equality Act of 2008. education. Essex County. Ms. Beatty was the first African In honor of her retirement, the Friends of To accomplish their goals, 200 plant sci- American appointed as president of the New Children Advocacy Fund has been created to entists along with students and collaborators Jersey Council of Counties and in 1987, she support the initiatives of the American Acad- will aid the full time scientists and research as- was appointed executive chairperson of the emy of Pediatrics and its advocacy for child sistants in the 38,000-square foot building. New Jersey State Dr. Martin Luther King, Jr., health programs and public health. The The space will also house a teaching facility commission. Friends of Children Advocacy Fund will con- and the country’s first doctoral plant biology Madam Speaker, I know my colleagues tinue her work to improve the health of chil- program. agree that Pearl Beatty deserves to be feted dren. Additionally the Center utilizes green build- at this 74th Birthday celebration. I am pleased She has been a valuable asset to the Amer- ing practices, including an innovative rainwater to congratulate her and thank her for the many ican Academy of Pediatrics and their mission glen to collect and filter storm water runoff and lasting contributions she has made to the to improve the health of America’s children. I a 16,000-square foot green roof. The visitor’s Greater Newark community. thank her for her dedication, wish her well in gallery will also allow the public to witness the f retirement, and fully expect to continue to hear scientific work occurring and various exhibi- her name in connection with initiatives to im- tions. RECOGNIZING THE RETIREMENT prove children’s health. The Chicago Botanic Garden successfully OF ELIZABETH ‘‘JACKIE’’ NOYES f opened the Daniel F. and Ada L. Rice Plant Conservation Science Center on September HON. FORTNEY PETE STARK IN RECOGNITION OF JAMES PATRICK’S HEROISM 29, 2009. I commend all the students, re- CALIFORNIA searchers and scientists who are committing IN THE HOUSE OF REPRESENTATIVES HON. JOHN P. MURTHA their time and energy to this important project Tuesday, October 13, 2009 and wish them the best of luck. OF PENNSYLVANIA f Mr. STARK. Madam Speaker, it is with great IN THE HOUSE OF REPRESENTATIVES pleasure that I recognize Elizabeth ‘‘Jackie’’ Tuesday, October 13, 2009 TRIBUTE TO PEARL BEATTY ON Noyes on her retirement from more than 36 THE CELEBRATION OF HER 74TH years of service as the Associate Executive Mr. MURTHA. Madam Speaker, I rise today BIRTHDAY Director with American Academy of Pediatrics. to recognize the heroic deeds of one of my Throughout her career, Ms. Noyes has played constituents, Mr. James Patrick of Johnstown, HON. DONALD M. PAYNE a significant role in shaping health policy in Pennsylvania. Earlier this year, while Mr. Pat- the United States—especially as it affects chil- rick, a letter carrier for the US Postal Service, OF NEW JERSEY was on his route, he saw flames and thick IN THE HOUSE OF REPRESENTATIVES dren. I’ve worked closely with the American Acad- black smoke erupting out of the top of a Tuesday, October 13, 2009 emy of Pediatrics to ensure that each and church. He immediately found someone to call Mr. PAYNE. Madam Speaker, I ask my col- every child in America has quality, affordable 911 before he selflessly entered the burning leagues here in the House of Representatives coverage. They are a rare provider organiza- church to make sure that everyone was safe. to join me as I rise to acknowledge the 74th tion in Washington, DC. Their mission is much Even though the roof of the church and the birthday of my good friend, Ms. Pearl Beatty. more about advancing better health care for adjacent rectory were rapidly becoming en- Her family, friends and associates have gath- their patients than it is about advancing pay gulfed in flames, Pastor Robert Hall and the ered on October 8, 2009, to hold a party in increases for their member physicians. Jackie church’s secretary were unaware of the fire. her honor and to wish this incredibly talented has been a key player in that mission for near- Patrick informed the two of the fire, but Pastor woman best wishes. Pearl Beatty has always ly four decades. Hall wanted to put the fire out himself. How- been passionate about her community and Ms. Noyes has a long, varied list of accom- ever, Patrick insisted that everyone leave. He those closest to her want to be sure that she plishments, honors, and boards that she’s paris quoted as saying, ‘‘Father, you have to get knows how much she is loved and appre- ticipated in throughout her time with the Amer- out—the whole roof is on fire.’’ ciated. ican Academy of Pediatrics. Highlights include Because of his courageous deeds, two peo- Pearl Beatty never allowed her early fragile serving as Chair of the National Advisory ple’s lives were saved. Subsequently, Pastor health to preclude her from involvement in the Commission on Childhood Vaccines; on the Hall, in a letter to the Postal Service wrote, ‘‘In things that mattered most to her. Throughout board of the Children’s Dental Project, Inc., this day and age when people don’t want to her life, Pearl Beatty has been an active par- Children’s Hospice International, and the Coa- get involved, I want to say thank you to your ticipant in the political process and community lition for Health Funding; and as a member of employee for going the extra mile.’’ Patrick is a member of the National Asso- organizing. She was also gifted with a beau- the Specialty Society Advisory Committee for ciation of Letter Carriers, Johnstown Branch tiful voice which she utilized at Arts High the American Medical Association. She’s also 451. For his actions, he was recently recog- School and with the Sweethearts, a group that been published by well-respected organiza- nized by the Association and was awarded the was fortunate enough to sing at a John F. tions, including Advances in Pediatrics, Cali- Eastern Region Hero Award. Kennedy for President rally. In fact, Pearl fornia Pediatrician, and the American Journal Madam Speaker, I wish to close my re- Beatty was active in the New Jersey campaign of Psychology. marks by commending Mr. James Patrick for for the election of President Kennedy. Always Throughout Ms. Noyes’ career, she has his heroic actions. We are fortunate that we an advocate for fairness, Pearl Beatty joined been recognized for her dedication to chil- have people like Mr. Patrick who choose to go me and my brother, Bill, in the picketing of a dren’s health with several awards, including a above and beyond what is expected so that local Woolworth 5&10 forcing them to hire Certificate of Appreciation for Outstanding lives may be saved. young African Americans to work at the lunch Contributions to the Health and Welfare of counter. America’s Children and Adolescents by the f In addition to being active in the Urban U.S. Surgeon General. CHIEF MASTER SERGEANT JOSEPH League and the NAACP, Pearl Beatty assisted She has played a key role in creating and E. BARRON RETIRES AFTER 30 in organizing the New Jersey contingent for improving health care laws including vital pro- YEARS SERVICE WITH THE the 1963 March on Washington. She was also grams like Vaccines for Children, Head Start, UNITED STATES AIR FORCE instrumental in the four successful campaigns and the Consumer Product Safety Commis- of Newark mayor Kenneth Gibson, the first Af- sion. She also played key roles in the passage HON. CATHY McMORRIS RODGERS rican American to be elected mayor of a major and renewal of the National Childhood Vac- OF WASHINGTON eastern city. She represented Governor cine Injury Act of 1986, the Ryan White Com- IN THE HOUSE OF REPRESENTATIVES Hughes at the 1968 Democratic Convention in prehensive AIDS Resources Emergency Act of Chicago and was the New Jersey campaign 1990, the Children and Pregnant Women Tuesday, October 13, 2009 scheduler for President Jimmy Carter in 1976. Health Insurance Act of 1993, the State Chil- Mrs. MCMORRIS RODGERS. Madam In June 1978, Pearl Beatty was elected as a dren’s Health Insurance Program, the Chil- Speaker, I rise today to recognize CMSgt Jo- freeholder for Essex County and soon found dren’s Health Insurance Accountability Act of seph E. Barron on the occasion of his retire- herself as the first director of the newly elect- 1996, and the Paul Wellstone and Pete ment from the United States Air Force.

VerDate Nov 24 2008 05:25 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A13OC8.009 E13OCPT1 smartinez on DSKB9S0YB1PROD with REMARKS October 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2509 Chief Master Sergeant Barron hails from safety and benefits of medicines and foods. It like to thank the following people who helped Morristown, NJ, where he graduated from Par- has worked closely with the FDA to develop to make my degree and visit possible: Prime sippany Hills High School and entered the Air and revise drug quality standards. It also sets Minister Seung-Soo Han; Foreign Minister Force in 1979. He assumed his duties as food ingredient standards and offers voluntary Myung-Hwan Yu; Kangwon Province Governor Command Chief Master Sergeant, Air Mobility verification programs for pharmaceutical ingre- Jin-Sun Kim; Kangwon National University Command, in April 2006. His work as an ad- dients, dietary supplements, and ingredients President Yong-Jung Kwon; National ministrative specialist involved him with tours used in dietary supplements. Assemblywoman Nak-Kyun Shin; National with the Air Force Office of Special Investiga- USP’s drug standards are legally enforce- Assemblywoman Mi-Kyung Lee; U.S. Ambas- tions and Air Force Recruiting Service. Addi- able by the Food and Drug Administration in sador to Korea Kathleen Stephens; former Ko- tionally, Chief Master Sergeant Barron served the United States, and its standards for drugs, rean Ambassador to the U.S. Tae-Sik Lee; in multiple units as a first sergeant both in the food ingredients and dietary supplements are American Chamber of Commerce in Korea United States and overseas, where during Op- used and relied upon in more than 130 coun- Chairman David Ruch; House of Sharing, erations Desert Fox and Allied Force he was tries. As part of its mission, USP works with a Comfort Women Survivors and Grandma instrumental in the initial bed down, troop sup- broad range of standards-setting bodies to- Koon-Ja Kim; Sokcho City Mayor Yong-Sang port, and morale for the largest combat air re- ward the common goals of inter-organizational Chae; and Korean American Voters’ Council fueling wing in Air Force history. His work with cooperation and the widespread dissemination of New York and New Jersey Leader Dong- Air Mobility Command’s critical aero medical of standards. These bodies include the Amer- Suk Kim. evacuation mission helped to facilitate the ican National Standards Institute, the National During my visit, I delivered the following re- rapid movement of over 23,000 injured war- Institute of Standards and Technology, the marks upon accepting my honorary doctorate riors to United States medical facilities with a International Standards Organization, the at Kangwon National University. remarkable 98 percent combat-casualty surviv- International Bureau of Weights and Meas- It is a pleasure to be here with you here in ability rate. ures, the European Directorate for the Quality Korea at Kangwon National University. Thank Beginning in September 2007, Chief Master of Medicines, the Chinese National Institute for you for the warm welcome and the kind intro- Sergeant Barron helped lead Air Mobility Com- the Control of Pharmaceutical and Biological duction, and for this wonderful honor. I’d like to thank the President, distinguished mand’s Total Force Team with tremendous im- Products, the Japanese Pharmacopeia, the members of the faculty, and students of pact. Here, his extraordinary leadership in- British National Institute for Biological Stand- Kangwon University. I would also like to ex- spired Air Mobility Command’s 132,000 Total ards and Control, and many others throughout press my appreciation to Governor Jin-Sun Force Airmen to successfully accomplish more the world. Kim of Kangwon province, and Mr. Dong-Suk than thousands of sorties transporting over 4 Patients, consumers, manufacturers, and taxpayers are the ultimate beneficiaries of Kim of the Korean American Voters’ Council. million passengers, nearly 2 million tons of This is my fourth time in this great country, cargo, and offloading over 3 billion pounds of USP’s efforts, and are able to possess greater confidence about the identity and quality of and each time I leave with stronger friendships fuel. Air Mobility Command forces also com- and a deeper understanding and connection to pleted over 43,000 theater-direct delivery sor- these products in the marketplace. Assisted by more than 1,000 volunteers worldwide, USP Korea. My visits to Korea and the warmth of ties, delivering thousands of combat troops, the Korean people have made a long lasting tons of cargo and mine-resistant ambush-pro- engages in public processes to ensure unbiased, independent, authoritative, science- impression me. tected vehicles in support of two overseas This trip is especially meaningful to me, and contingency operations. based decision-making. I ask my colleagues to join me in saluting I am extremely honored to receive an hon- Through the work of Chief Master Sergeant the U.S. Pharmacopeial Convention for its ef- orary doctorate in education here at Kangwon Barron the Mobility Air Force was ready to re- forts to enhance food and drug safety stand- National University. As a former teacher, prin- spond when Hurricanes Gustav and Ike rav- ards around the world. cipal, and school board member, education aged the gulf coast, generating 564 sorties has played an integral role throughout my life, f transporting 8,863 passengers and delivering so receiving this degree is very personal. 1,223 tons of humanitarian supplies. However, HONORING DOCTORATE IN EDU- Education is my passion, and I believe it is Chief Master Sergeant Barron is most proud CATION AWARDED TO CON- the most powerful tool and investment we can of his involvement after Hurricane Katrina, GRESSMAN MIKE HONDA BY provide children with. Quality education where he provided crucial support to the dev- KANGWON NATIONAL UNIVER- assures the economic competitiveness of any astated region. SITY IN SOUTH KOREA nation, advances the arts and sciences, and Madam Speaker, CMSgt Joseph E. Barron’s provides the means for people to achieve indi- selfless dedication to the service of his country HON. MICHAEL M. HONDA vidual success. I have worked hard towards is honorable and worthy of recognition. I be- OF CALIFORNIA providing every child with a high quality edu- lieve I can speak for the airmen of Air Mobility IN THE HOUSE OF REPRESENTATIVES cation, both as a former educator and as a Command in saying that his dedication has Member of Congress. Tuesday, October 13, 2009 positively impacted those with whom he has Education also means being able to teach served during his years with the Air Force and Mr. HONDA. Madam Speaker, this August, others in order to learn from past mistakes, I join with them in congratulating him on his I had the honor of traveling to Kangwon Na- and flourish as a society. If society cannot retirement and a job well done. tional University in South Korea, where I was look back and learn from previous mistakes, f awarded an honorary doctorate in Education. trust and progress between nations is stunted. As a former high school teacher, principal, and To this end, I have spent a portion of my HONORING UNITED STATES school board member, education has always career in Congress educating and working on PHARMACOPEIAL CONVENTION been my top priority. I believe education is a a historical issue that has grown very close to OCTOBER 13, 2009 powerful investment in our future, and I have my heart: that of the 200,000 sex slaves continued my pursuit of both learning and known as comfort women. These comfort HON. CHRIS VAN HOLLEN teaching during my tenure in Congress. I was women, many of whom were Korean, were OF MARYLAND humbled to receive the high honor of an hon- forced into dehumanizing sexual slavery, IN THE HOUSE OF REPRESENTATIVES orary doctorate from Kangwon National Uni- forced to serve up to 30 soldiers a day in versity, an institution I have come to deeply some cases. They suffered serious physical, Tuesday, October 13, 2009 respect. emotional, and psychological damages as a Mr. VAN HOLLEN. Madam Speaker, in rec- During my visit to Korea, I met with Prime result. ognition of World Standards Week, which was Minister Seung-Soo Han, whose passion for Yesterday, I had the chance to visit with observed last week, I rise to salute the United moving President Myung-Bak Lee’s ‘‘Low Car- some of the comfort women survivors. I have States Pharmacopeial Convention (USP), bon, Green Growth’’ initiative forward is some- met these women on several occasions, both which is based in my district in Rockville, thing that I admire. As a representative from in the United States and in Korea at the Maryland and has sites in China, India, Brazil, Silicon Valley, which is at the forefront in our House of Sharing, and each time I meet them, and Switzerland. country’s efforts in renewable energy, I know I am renewed by how strong they are. I can- Since 1820, USP, a non-profit organization, the importance of Korea’s investments in not emphasize enough how much I admire has worked to improve the health of people green technologies. their perseverance. around the world through public standards and Many individuals helped make my visit to The hope of the comfort women is an ex- related programs that help ensure the quality, Korea successful and memorable, and I would tremely modest one: That the government of

VerDate Nov 24 2008 05:25 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A13OC8.013 E13OCPT1 smartinez on DSKB9S0YB1PROD with REMARKS E2510 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 2009 Japan formally acknowledges, apologizes and to our environment today and is one of the EMBASSY OF THE accepts full historical responsibility for this greatest challenges that humans face. The REPUBLIC OF KOREA, crime. To date, they have still not received overwhelming scientific evidence makes clear Washington, DC, October 5, 2009. Hon. ENI FALEOMAVAEGA, such a formal apology. That is why I intro- that global warming is a real phenomenon, Chairman, Subcommittee on Asia, the Pacific, duced House Resolution 121, which calls on and that human activities play a significant and the Global Environment, U.S. House Japan to do so. role. Committee on Foreign Affairs. I believe the U.S. must have a strong found- Twenty of the hottest years in recorded his- DEAR MR. CHAIRMAN: It was with deep grief ing in historical reconciliation. For example, in tory occurred since the 1980s. Glaciers and that I learned of the heavy loss of life and 1988, Congress passed, and President Ronald permafrost are vanishing. Weather patterns the disastrous property damages caused by Reagan signed into law, H.R. 442, the Civil the tsunami that swept your hometown, and are shifting. Migration patterns are being dis- would like to express my most profound Liberties Act of 1988, which was a formal rupted. sympathy and condolences to you and the apology to United States citizens of Japanese Global warming presents mankind with a people in the American Samoa, particularly ancestry who were unjustly put into internment new kind of problem. To fight global warming, to those who have lost their loved ones. camps during World War II. dramatic changes will be needed in transpor- I earnestly hope for speedy relief and reha- As someone who was put into an intern- bilitation under your leadership. tation, energy production, public policy, and Sincerely yours, ment camp as an infant, I know firsthand that human behavior world wide. we must not be ignorant of the past, and that YU, MYUNG-HWAN, As a former teacher, I feel education will be Minister of Foreign Affairs and Trade. reconciliation through government actions to essential to allowing those changes to hap- admit error are the only ones likely to be long f pen, which is why I introduced the Global lasting. Warming Education Act, H.R. 1926. The bill JAPAN’S MESSAGE OF SUPPORT Our government made a mistake, but they will broaden America’s understanding of OF THE PEOPLE OF AMERICAN apologized for it, and healed many wounds as human-induced global warming, short and SAMOA IN AFTERMATH OF DEV- a result. Today, fewer than 300 comfort long term consequences, and potential solu- ASTATING TSUNAMI women are alive and the number is dwindling tions. as they pass away. They want, and deserve, HON. ENI F.H. FALEOMAVAEGA an official apology. Widespread understanding of this phenomenon will play a significant role in our abil- OF AMERICAN SAMOA I cannot put into words how grateful I was IN THE HOUSE OF REPRESENTATIVES when H. Res. 121 received overwhelming sup- ity to address a crisis that tangibly and imme- Tuesday, October 13, 2009 port in the 110th Congress—first during its diately impacts every single human being. It is markup held under Chairman Tom Lantos’ vital that people of all walks of life possess Mr. FALEOMAVAEGA. Madam Speaker, I leadership, and then during its debate and sufficient understanding of the issue so that submit the following message of support from final passage before the House on July 30, each and every one of us may play a role in Ambassador Ichiro Fujisaki of Japan in re- 2007. defending the health of our planet. sponse to the massive tsunami that struck The fact that H. Res. 121 received no oppo- I learned that Korea is becoming a world ex- American Samoa on Tuesday, September 29, sition during its consideration and passed ample and leader of using ‘‘green’’ technology 2009. unanimously attests to its importance and rel- to also address these threats. The U.S. is also EMBASSY OF JAPAN, evance today. By doing so, the House sent a an active leader in this effort, and this is just Washington, DC, September 30, 2009. profound message to the government of one example of many of the common values Hon. ENI F.H. FALEOMAVAEGA, that our two countries share. I commend you House of Representatives, Japan that the United States takes the issue Washington, DC. of the comfort women very seriously. for leading on the green technology front, and DEAR REPRESENTATIVE FALEOMAVAEGA: It Immediately after its passage, I rushed to encourage you to educate your peers about is with great sadness that I learned of the the House gallery, where Yong Soo Lee, a the threats that we as humans face. tragic loss of life in American Samoa due to surviving comfort woman, was watching floor In closing, Korea holds a very special place yesterday’s earthquake and tsunami. My proceedings. We shared a tearful embrace, in my heart. The relationship our two countries condolences go out to the families and one I will never forget. She repeated ‘‘Thank friends who have lost loved ones, and I pray share is vitally important and continues to for the speedy recovery of those who were in- you.... thank you . . .’’, and I could see in grow. I have many close friends here in jured as well as the communities that have her face that she felt, maybe for the first time Korea, and I appreciate the welcoming spirit of suffered much damage. in her life, some sense of relief. the Korean people each time I visit. Receiving The people of American Samoa have our Despite the struggles I may have faced in this honorary doctorate is a lifelong dream of heartfelt sympathies as they rebuild their pushing forward this resolution, and the criti- mine, and I am grateful for the opportunity to homes and communities. cism I received from the government of Japan, be presented with such an honor. Sincerely, seeing Yong Soo Lee immediately reminded ICHIRO FUJISAKI, Again, I would like to thank the President, Ambassador of Japan. me again why I chose to tackle this issue. faculty, and the students of Kangwon National f While the resolution was successful, unfor- University for bestowing this honor upon me. tunately it has not forced the government of SPEAKER OF THE HOUSE NANCY Japan to act. The comfort women deserve to f PELOSI’S MESSAGE OF SUPPORT have their dignity and honor restored to them. TO THE PEOPLE OF AMERICAN It is not too late for Japan to issue a sincere KOREA’S MESSAGE OF SUPPORT SAMOA IN AFTERMATH OF DEV- and official apology, while these women are FROM MINISTER OF FOREIGN ASTATING TSUNAMI still alive. AFFAIRS AND TRADE YU, I am hopeful that an international awareness MYUNG-HWAN TO THE PEOPLE HON. ENI F.H. FALEOMAVAEGA has spread about comfort women, particularly OF AMERICAN SAMOA IN OF AMERICAN SAMOA in Australia, the Philippines, and Canada, AFTERMARTH OF DEVASTATING IN THE HOUSE OF REPRESENTATIVES where comfort women resolutions similar to H. TSUNAMI Tuesday, October 13, 2009 Res. 121 have been introduced and some passed. We must continue to advocate for a Mr. FALEOMAVAEGA. Madam Speaker, I formal apology for the comfort women as a HON. ENI F.H. FALEOMAVAEGA submit the following message of support from matter of fundamental justice. It is an honor to OF AMERICAN SAMOA Speaker of the House NANCY PELOSI in re- be here in Korea to continue educating about IN THE HOUSE OF REPRESENTATIVES sponse to the massive tsunami that struck American Samoa on Tuesday, September 29, this chapter in history, and to educate others Tuesday, October 13, 2009 about the importance of an apology for the 2009. women. Mr. FALEOMAVAEGA. Madam Speaker, I The thoughts of the entire Congress are Moral justice and education have been the submit the following message of support from with the people of American Samoa as they two guiding principles I have followed during Minister of Foreign Affairs and Trade Yu, grapple with the terrible loss of life as a result of today’s tsunami. As the island works my fight for the comfort women. Myung-hwan of the Republic of Korea in re- to rebuild, all levels of the government, in- I believe education is a tool that can also be sponse to the massive tsunami that struck cluding Congress, will move quickly to ad- used to fight another battle: global warming. American Samoa on Tuesday, September 29, dress the needs of American Samoa and the Climate change is the most significant threat 2009. Americans who live there.

VerDate Nov 24 2008 05:25 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A13OC8.015 E13OCPT1 smartinez on DSKB9S0YB1PROD with REMARKS October 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2511 HOUSE MAJORITY LEADER STENY ways brought sunshine to our office, uplifting the youth and their families. When Dr. White H. HOYER’S MESSAGE OF SUP- morale on the busiest and most difficult days. retired, Rev. Wayne Harris was assigned for a PORT TO THE PEOPLE OF AMER- By now she has assisted hundreds of reli- few months, until Rev. Robert C. Russell, who ICAN SAMOA IN AFTERMATH OF gious and nonprofit organizations to secure currently still serves as pastor, was assigned. DEVASTATING TSUNAMI the grants to help fulfill their social mission, as The New A.M.E. Zion Church currently has well as local governments to receive the share many ministries, including Music, Prayer Band, HON. ENI F.H. FALEOMAVAEGA of federal resources to which they are entitled. Youth, Health Awareness, Food Pantry, and Van Transportation. Scholarship Fund Com- OF AMERICAN SAMOA Her contribution to the well-being of Wiscon- sinites has been tremendous. mittee, Summer Reading, Sunday School, IN THE HOUSE OF REPRESENTATIVES In the time since she came to my office, Prayer Meeting, Bible Study and Christian De- Tuesday, October 13, 2009 Susie became a loving wife and has recently velopment are all offered. Mr. FALEOMAVAEGA. Madam Speaker, I become a new mom. With her sweet nature Each of the pastors, with the assistance of submit the following message of support from and great attitude, all of us in the First District the other ministers, bishops, and presiding el- House Majority Leader STENY H. HOYER in re- offices feel like part of her family. ders as well as the membership, has helped sponse to the massive tsunami that struck I am pleased to recognize Susie’s 10 years to keep the Church growing and strengthening American Samoa on Tuesday, September 29, of service to Wisconsinites in the First District. throughout the last six decades. I am certain 2009: f that New A.M.E. Zion Church will continue to I want to offer my deepest sympathy to all thrive and to help to better the surrounding those in American Samoa and Samoa who TRIBUTE TO NEW A.M.E. ZION community as it moves into the next chapter lost loved ones in this terrible tragedy. We CHURCH in its history. are all saddened by the loss of life and the The job of a United States Congressman in- scope of damage done. Our thoughts are with HON. BILL PASCRELL, JR. volves much that is rewarding, yet nothing Eni Faleomavaega, American Samoa’s dele- OF NEW JERSEY compares to learning about and recognizing gate to the House of Representatives, and we IN THE HOUSE OF REPRESENTATIVES the efforts of wonderful, thriving faith commu- will keep him and everyone affected in our nities like New A.M.E. Zion Church. prayers. Tuesday, October 13, 2009 Madam Speaker, I ask that you join all of f Mr. PASCRELL. Madam Speaker, I would the members and clergy of New A.M.E. Zion CHAIRMAN HOWARD L. BERMAN’S like to call to your attention the work of an out- Church, all those whose faith has been en- MESSAGE OF SUPPORT TO THE standing religious institution, New A.M.E. Zion riched throughout the years, and me in recog- PEOPLE OF AMERICAN SAMOA IN Church in Paterson, New Jersey, which is nizing the outstanding contributions of New AFTERMATH OF DEVASTATING celebrating its 60th Anniversary of dedicated A.M.E. Zion Church to the community and be- TSUNAMI service to its parishioners, and by extension, yond. the greater community. f It is only fitting that New A.M.E. Zion Church RECOGNIZING SHOWROOM SHINE HON. ENI F.H. FALEOMAVAEGA be honored in this, the permanent record of ON THEIR 2009 HOODIE AWARD OF AMERICAN SAMOA the greatest democracy ever known, for the IN THE HOUSE OF REPRESENTATIVES spiritual home it has provided to American Tuesday, October 13, 2009 families, and its dedication to the entire com- HON. WM. LACY CLAY munity that helps keep this deeply rooted con- OF MISSOURI Mr. FALEOMAVAEGA. Madam Speaker, I IN THE HOUSE OF REPRESENTATIVES submit the following message of support from gregation growing towards the future. Tuesday, October 13, 2009 Chairman HOWARD L. BERMAN of the House The New A.M.E. Zion Church was orga- Committee on Foreign Affairs in response to nized at the home of Mrs. Augusta McCor- Mr. CLAY. Madam Speaker, I am pleased to the massive tsunami that struck American mick, on Fair Street in Paterson in May 1949. rise before you today to recognize a star in St. Samoa on Tuesday, September 29, 2009: The first service as a Church was held on the Louis County’s active small business commu- I want to express my deepest condolences first Sunday of June 1949 with 69 members. nity, Showroom Shine, for their 2009 Hoodie to the people of American Samoa and Samoa The Rev. Frank Thomas Roberts was founder Award. The Hoodie Awards aim to recognize who have suffered great losses from the tsu- of the Church, and he inspired the members excellence in the lives of everyday Americans nami that swept the islands. The losses are to make it into a thriving faith community. With who contribute their leadership to urban com- staggering. The sympathy of the Foreign Af- the financial support of Mr. John Spencer, munities. The 7th annual award ceremony fairs Committee is with our good friend and Mrs. Florence Spencer, Mr. Robert Robertson, honored co-owners Sylvester Chisom and Ar- the chairman of the Subcommittee on Asia, and Mrs. Elnora Tourse, a building located at thur Shivers with the award for Best Detail the Pacific and the Global Environment, Eni 140 Lawrence Place was purchased to serve Faleomavaega, the delegate from American Shop. We in the Show Me State are proud Samoa. We commend him for his efforts and as a place of worship. that Showroom Shine, a standout in the field extend our fullest support during this trying Rev. Roberts served as pastor until he was of auto detailing and vehicle restoration, is one time. reassigned, and Rev. M.R. Cuthbertson was of our very own. f the second pastor. He brought many young Sylvester Chisom and Arthur Shivers truly people into the Church. He was followed by exemplify the entrepreneurial spirit that con- RECOGNIZING SUSAN ANN Rev. J.O. Fountain, and the Rev. Wesley tinues to be the backbone of the American (LISTON) SKERBISH FOR HER Brown, who began in 1957. Numerous new economy. Outfitted only with a water hose, SERVICE TO THE FIRST DIS- programs were started and the first organ was bucket, and drain, Chisom and Shivers started TRICT OF WISCONSIN purchased in addition to the first parsonage. Showroom Shine in 1999 as high school sen- Rev. Brown organized a building fund, but in- iors. Showroom Shine has grown into a highly HON. PAUL RYAN stead of building a church they purchased the successful detailing company, winning their OF WISCONSIN former Holy Cross Polish National Church, at second Hoodie Award this year. Showroom IN THE HOUSE OF REPRESENTATIVES 153 Lawrence Place. This has been the home Shine is known city-wide for their profes- of New A.M.E. Zion since 1965. The first serv- sionalism and personalized service, and hold Tuesday, October 13, 2009 ice was held there in May and Presiding contracts with numerous corporate and gov- Mr. RYAN of Wisconsin. Madam Speaker, I Bishop William H. Smith formally dedicated it ernment entities, including the U.S. Postal rise to honor Mrs. Susan Ann (Liston) in December of that year. Rev. Brown served Service, Enterprise Rental & Leasing, Clear Skerbish, Wisconsin’s First Congressional Dis- until his health declined and Rev. Wallace Lee Channel Radio, and Live Nation. trict Constituent Services Representative. was assigned. The Church continued to pros- They take seriously their duty to pass along I have been fortunate to work with staff per under his leadership. The next pastor was their success to the community and to future whose attitude and outlook are positive. But Rev. Dr. Albert J. White, who was assigned in business leaders. The two pioneers have Susie’s sweet nature stands out. She joined 1976. During his 24 years as pastor, member- penned a book, ‘‘The Young Entrepreneur’s my office fresh out of college as an idealistic ship grew and many capital improvements Guide to Success,’’ aimed at spreading the young woman dedicated to the cause of free- were made. A food pantry was started, as well message of entrepreneurship to young people dom and the desire to help make our society as a summer free lunch program for children seeking advice and mentorship for their busi- a better place. Susie’s winsome smile has al- in the community and outreach programs for ness ventures. Showroom Shine is a bright

VerDate Nov 24 2008 05:25 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A13OC8.020 E13OCPT1 smartinez on DSKB9S0YB1PROD with REMARKS E2512 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 2009 example of ingenuity and diligence. I stand be- Teresa has at times encountered hostility ON THE RETIREMENT OF COLONEL fore you offering heartfelt congratulations for based on misunderstanding. Teresa is never STEPHEN M. CHRISTIAN, UNITED their recent accolades and applaud their entre- partisan, but her positive experience as an STATES ARMY preneurial excellence. American citizen empowers her with a sincere f message of hope and success in this country HON. RUSH D. HOLT that never fails to open minds and hearts. OF NEW JERSEY HONORING JAMES ALLEN CLOAR I am proud to acknowledge the excellent IN THE HOUSE OF REPRESENTATIVES service and positive efforts Teresa Mora has Tuesday, October 13, 2009 HON. RUSS CARNAHAN made over ten years to make life better for the OF MISSOURI families of Wisconsin’s First Congressional Mr. HOLT. Madam Speaker, I want to take IN THE HOUSE OF REPRESENTATIVES District. a moment to honor a fine officer who will shortly be leaving active duty. Colonel Ste- Tuesday, October 13, 2009 f phen M. Christian will be retiring from the Mr. CARNAHAN. Madam Speaker, I rise United States Army on October 21, 2009 after today to give recognition for outstanding serv- MICHAEL CAVANAUGH more than 30 years of active military service, ice by James Allen Cloar to the residents and culminating as Garrison Commander for the City of Saint Louis as President and CEO of HON. MICHAEL E. McMAHON United States Army Garrison, Fort Monmouth, the Partnership for downtown St. Louis. OF NEW YORK New Jersey. Mr. Cloar worked to revitalize America’s IN THE HOUSE OF REPRESENTATIVES Colonel Christian enlisted in the Army in heartland by improving the living conditions 1978 and in 1984 attended Officer Candidate and safety of one of America’s greatest cities, Tuesday, October 13, 2009 School and was commissioned as an Air De- the City of Saint Louis. Mr. MCMAHON. Madam Speaker, I rise fense Artillery Officer. Throughout his career He brought over a 100 new businesses and today to honor Michael Cavanaugh, a dedi- Colonel Christian has held numerous high 11,000 new residents back into the downtown cated Staten Islander, dear friend, tireless level command and staff positions, including area of the City of Saint Louis. In doing so, community organizer, and great humanitarian tours with the 7th Infantry Division (Light) at Mr. Cloar secured accolades and recognition who will be retiring this year. Fort Ord, California; the 25th Infantry Division for the City, including the All American City Mr. Cavanaugh was born to Daniel and (Light) at Schofield Barracks, Hawaii; and the Award. Mary Cavanaugh on June 23, 1949, in Astoria, 10th Mountain Division at Fort Drum, New Madam Speaker, James Cloar enjoys the Queens. He attended McKee Vocational High York. He commanded at the Battalion level on love and support of his family, and I would School, and served as an Apprentice with two occasions and served two tours of duty in also like to recognize them. Local Union 3. He went on to a career as an Afghanistan in support of Operation Enduring He is so proud of Anne Bock Cloar, his wife outstanding electrician. He has dedicated the Freedom, during which he was awarded two of over 40 years; his daughters Tracy Cloar last 15 years of his working career as a local Bronze Star medals. Colonel Christian’s civil- Rogers and Jennifer Cloar Smith, along with shop steward and active union representative ian education includes a Master’s of Science their husbands; and his granddaughters Haley, fighting for the best benefits and working con- in Administration and a Master of Security Alexandria, Skyla, and Phoebe. ditions for his fellow workers. Strategy from the National War College, Na- I commend Mr. Cloar’s dedication to his Throughout his career, he has always advo- tional Defense University. Colonel Christian is family, his service to the City of St. Louis, and cated for the interest of his fellow electricians married to Laura Christian and they have two his work to bring about the revitalization of and his community. He has served as the Vice adult children, Captain Nicholas Christian and City’s downtown area. President of the Dakota Group, a local group Leslie Roop. f of individuals dedicated to helping our commu- Madam Speaker, our active duty families RECOGNIZING TERESA MORA FOR nity. He has also served as the Legislative Co- make many sacrifices for the rest of us, and HER SERVICE TO THE FIRST DIS- ordinator for the Staten Island Electrical Club, this is especially true of those who make the TRICT OF WISCONSIN North Shore Democratic Club, the Ancient military their career. I thank COL Christian for Order of Hibernians, the Brighton Kiwanis, and his long and honorable service to our nation, the Special Olympics. and I wish him and his wife Laura the very HON. PAUL RYAN Mr. Cavanaugh is known for his best as they prepare to enter a new phase in OF WISCONSIN neverending generosity. In addition to the their life journey together. IN THE HOUSE OF REPRESENTATIVES many groups that he belongs to and supports, f Tuesday, October 13, 2009 Mr. Cavanaugh also, on his own time and RECOGNIZE CHIPS FAMILY VIO- without any remuneration, has helped numer- Mr. RYAN of Wisconsin. Madam Speaker, I LENCE CENTER IN ERWIN, TN ous people, families and organizations on rise to honor Miss Teresa Mora. Teresa is the DURING DOMESTIC VIOLENCE Staten Island. To name a few, he has helped Field Representative in my district office and AWARENESS MONTH has worked with me for more than ten years. replace the lighting at St. Peter’s Church, Teresa’s personal experience is an embodi- helped install a scoreboard at St. Paul’s ment of the American Dream. She was born in School, and he has helped many homeless HON. DAVID P. ROE OF TENNESSEE Mexico to a loving and close family. They rec- people fix up apartments so they can have a IN THE HOUSE OF REPRESENTATIVES ognized the opportunities for prosperity and decent place to live. Mr. Cavanaugh is one of freedom which the United States held out to the most generous people I know. Tuesday, October 13, 2009 them, and made the difficult decision to come Mr. Cavanaugh has helped the campaigns Mr. ROE of Tennessee. Madam Speaker, to this country in pursuit of a better life for of just about every Staten Island Democratic October is Domestic Violence Awareness themselves and their children. candidate over the last 15 years. His assist- month, and great organizations such as Teresa is conscientious and loyal. Her ance has been essential to the success of CHIPS Family Violence Center in Erwin, Ten- unique experience has given her a great love many campaigns including mine. No job is too nessee are educating the community on the for her adopted country combined with pas- big or too small for Mike. He will help in any dynamics of domestic violence. sion to help others of Hispanic background way possible. This exceptional organization has an impor- who make up a considerable part of Wiscon- Outside of his professional life, Mr. tant mission to provide shelter and service to sin’s First Congressional District. Cavanaugh is a devoted family man. He has victims of domestic violence and their children, Teresa’s sincerity and heart of gold help her been married to his wife, Monica, for the past ultimately, enabling them to begin and main- to win the confidence of immigrants who need 35 years. He is the father to his son, Daniel, tain a life free of violence. assistance in working with the federal govern- and daughter, Erin. He is also the beloved This month, CHIPS Family Violence Center ment. With bilingual skills, she works com- grandfather to James. In addition to his family, in Erwin is holding their third annual candle fortably within the immigrant community to Mike is totally devoted to his wonderful Golden light service. This event will not only educate build trust and candor to help solve docu- Retriever, Rusty. the community, it will also honor victims and mentation and other government-related prob- Madam Speaker, I ask that my colleagues bring attention to their struggle. lems. join me in commending Mr. Cavanaugh on his Madam Speaker, the help, opportunity and In her role as a representative working in a dedication to the people of Staten Island and encouragement provided by CHIPS Family Vi- conservative Republican Congressional office, wish him a happy and healthy retirement. olence Center is helping families throughout

VerDate Nov 24 2008 05:25 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A13OC8.024 E13OCPT1 smartinez on DSKB9S0YB1PROD with REMARKS October 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2513 Tennessee. I want to thank the shelter, the Modifications that reduce the balances that the past, in congratulating Chris upon his re- volunteers and our law enforcement for work- borrowers owe on their homes have more tirement and thanking him for his dedicated ing together towards a safer and healthier than tripled. and tireless service to the United States Con- community each day. Earlier this year, Congress debated legisla- gress. f tion to change the Bankruptcy Code and force f principal reductions on the market. The meas- RECOGNIZING CHAD ALLEN HER- ure was rightly defeated. To send home- RECOGNIZING DANYELL TREMMEL BERT FOR HIS SERVICE TO THE owners into bankruptcy is not the answer and FOR HER SERVICE TO THE FIRST FIRST DISTRICT OF WISCONSIN forced principal reductions will chill future lend- DISTRICT OF WISCONSIN ing. HON. PAUL RYAN Recently, calls for bankruptcy legislation re- HON. PAUL RYAN OF WISCONSIN emerged in the House. This month’s news OF WISCONSIN IN THE HOUSE OF REPRESENTATIVES shows once more that the measure is not IN THE HOUSE OF REPRESENTATIVES needed. The market has found a better solu- Tuesday, October 13, 2009 Tuesday, October 13, 2009 tion. Mr. RYAN of Wisconsin. Madam Speaker, I Americans need Congress to do something Mr. RYAN of Wisconsin. Madam Speaker, I rise to honor Chad Allen Herbert, who is the else to help homeowners. Let’s pass effective rise to honor Miss Danyell Tremmel, our Dis- Constituent Services Representative for mili- legislation to bring growth and jobs back to trict Director, for more than 10 years of work tary issues in my district office. America. That is the better way to help people in the First Congressional District of Wisconsin Chad is the ‘‘big brother’’ of our district of- keep their homes. office serving my constituents. fice staff. He joined my staff ten years ago as f Danyell has actually been working for the an Army reservist with special concern for the people of the District even longer than I have. problems and challenges of military personnel TRIBUTE TO CHRISTOPHER When Mark Neumann represented the District and their families. Many of these problems in- FRENZE in the House of Representatives, she was his volve the byzantine structure of bureaucracies only caseworker. Thus she was already a sea- at the Departments of Defense and Veterans HON. KEVIN BRADY soned ‘‘veteran’’ when she agreed to continue Affairs. Chad made it his business to learn OF TEXAS on my own staff as I succeeded Congressman and understand how to navigate the maze of IN THE HOUSE OF REPRESENTATIVES Neumann in 1999. Since then she has be- these military agencies. As a result, he has come something of a ‘‘big sister’’ to newer Tuesday, October 13, 2009 done more over the years to help men and staff women of the First Congressional District who Mr. BRADY of Texas. Madam Speaker, I Anyone who has shared the day to day ex- serve in the armed services than anyone I rise today to offer a tribute to Mr. Christopher perience of casework in a Congressional office know of. Frenze, Republican House Staff Director for knows the strains and frustrations, in address- Among the most sobering duties of my of- the Joint Economic Committee, who is retiring ing legitimately upset constituents on the one fice is speaking words of comfort to families this week from a distinguished career in gov- hand and the bureaucratic slip-ups that have who have just lost a loved one in military serv- ernment service. Chris has been a longtime adversely impacted their lives on the other. ice. Chad has often followed up my initial con- public servant of this Committee and a tre- Over the years, Danyell learned how to nego- versations or substituted for me during the mendous asset to both my office and this tiate her way through the red tape to resolve worst moments in the lives of military families. Congressional body. these issues. She is very intelligent and pa- His poise, tact, and professionalism have After earning his B.A. from American Uni- tient. Her serenity under stress is invaluable never failed to be appreciated as he has hon- versity and doing graduate work in economics and has inspired her coworkers. ored the fallen and their families. Indeed Chad at Virginia Tech, Chris served as Director of Danyell directs my district office operations has a passion for making sure our veterans Research at the National Tax Equality Asso- whenever the Chief of Staff is unavailable, and are honored for their extraordinary service to ciation. Chris began a long and extraordinary will be doing so for an extended time while he our country. He takes special pride in getting career at the Joint Economic Committee in serves his country on military duty in Iraq. our vets the recognition they deserve, for ex- 1981, holding such positions as Senior Econo- Danyell has kept her enthusiasm, high ample, by helping World War Two and Viet- mist, Chief Economist to the Vice Chairman, standards, and work ethic as she has worked nam veterans acquire the medals they were Executive Director and Republican Staff Direc- with me for the people of the First District. I awarded but never received. tor. am pleased to recognize her for more than 10 Chad was a recent college grad when he Over the years, Chris focused the Commit- years of selfless dedication. began in my office ten years ago, and has tee’s research and policy work on several key f since married and is raising a fine family. I am fields of economics, such as tax policy, fiscal privileged to recognize his ten years of service policy, and business cycle analysis, including HONORING PHILADELPHIA SENIOR in my office to the military families of Wiscon- the assessment of labor market conditions. CENTER sin’s First District. This research aided countless Members con- f sidering tax policy changes, monetary policy HON. ROBERT A. BRADY targets, IMF reform, and numerous other OF PENNSYLVANIA THE MARKET IS RESPONDING TO issues. His career has been distinguished by IN THE HOUSE OF REPRESENTATIVES FAILING MORTGAGES his relentless effort to promote the public interest, encourage economic growth, reduce the Tuesday, October 13, 2009 HON. LAMAR SMITH burden of government and respect the Con- Mr. BRADY of Pennsylvania. Madam OF TEXAS stitution. Speaker, I rise to honor Philadelphia Senior IN THE HOUSE OF REPRESENTATIVES Chris’s knowledge of economic policy is Center for 60 years of outstanding service to only one of his many talents. He is recognized their community. Tuesday, October 13, 2009 as an effective, successful manager who re- Founded by the Female Society for the Re- Mr. SMITH of Texas. Madam Speaker, one cruited valuable economists that served the lief and Employment of the Poor, Philadelphia of America’s top concerns during this difficult Committee for many years. His work serving Senior Center has been enriching the lives of economic time has been the frequency of Senate and House Republicans Members of seniors in Philadelphia since 1949. From its home mortgage foreclosures. the Committee, in both the majority and in the modest beginnings, Philadelphia Senior Cen- Earlier this month, there was news to en- minority, has given him unique insights into ter (PSC) has expanded to three branches courage us. Efforts by banks, borrowers and the way the Committee and the Congress around the city. PSC centers and services are the Administration to modify troubled mort- functions, and his expertise, vast institutional free to any individual over the age of 55, and gages have begun to produce much larger knowledge and constant professionalism will over 60 percent of PSC members have in- numbers of modifications. be sorely missed. comes well below the poverty level. Com- As banks have stabilized their balance Chris Frenze represents the very best in bined, these centers assist over 5,000 clients sheets and raised fresh capital, their officers public service. I know I can speak for all of my and members each year. even have been able to reduce borrowers’ colleagues on the Joint Economic Committee, PSC provides an incredible array of services mortgage principal when they work out loans. and those Members that have served on it in and aid to seniors in the Philadelphia area.

VerDate Nov 24 2008 05:25 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A13OC8.029 E13OCPT1 smartinez on DSKB9S0YB1PROD with REMARKS E2514 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 2009 Nearly 400 nutritious meals are provided daily But, for a better life to be . . . Joyce is a native of Wisconsin. Since 1995 and 70,000 yearly, at the PSC branches. Over And that great void now so left, as upon our we have worked together in several different 70 classes and activities are offered at PSC, souls as now so etched . . . offices. I myself was a Congressional staffer ranging from Tai Chi to art classes to com- And that great hole in all our hearts, this when I met Joyce. I quickly recognized her abyss . . . puter use instruction. PSC also maintains the Ah, but lies such depth . . . great abilities. When the member she worked crucial Financial Management Service. The All in this great caesium, with us you have for retired from the House of Representatives, only program of its kind in Southeastern Penn- so left . . . I persuaded my employer, Senator sylvania, Financial Management Service en- For this our nation, our Teddy bear . . . you BROWNBACK, to bring her on board. ables seniors to make sound financial deci- have so blessed! After my election in 1998 I invited Joyce to sions for their households. PSC also has As our tears fall like the rains . . . become my Legislative Director. Since that As it’s for you Teddy, we now so cry out all trained counselors and staff to help with hous- time, her skills and knowledge have grown ing issues seniors might face. These PSC in our pain . . . As comes from our swollen eyes . . . with her responsibilities. I have also been workers help find affordable housing and re- As it’s for or you, our shining Knight. . . we pleased to watch her become a wonderful solve issues and disputes for its members. now so weep . . . wife, mom, and leader. For 60 years, Philadelphia Senior Center For in our heart’s, you . . . we shall so keep! Joyce is one of my partners in serving the has been dedicated to advancing the As we pray to our Lord above, that your soul people of Wisconsin’s First Congressional Dis- wellbeing and personal growth of all seniors. I he shall so reap! trict. Her home town is Franklin, Wisconsin. ask that you and my other distinguished col- For our True Champion, has so died! Following state redistricting in 2002, she was leagues join me in thanking the Philadelphia As like Your Profile’s in Courage, we too thrilled to find that her home was now in the Senior Center for all they have done to im- must so rise! First District. Ever since, serving her home prove the lives of thousands of people in As you have so taught our nation, so over town neighbors has been a point of pride for Philadelphia and beyond. the many years . . . That out of such loss, such heartache . . . Joyce. f and such swollen tears . . . I have worked with Joyce longer than any- That somehow, light too can come! ON THE PASSING OF SENATOR one in my office. I am pleased to recognize EDWARD KENNEDY And that somehow, we must all so persevere! With A Smile, With A Grin . . . Joyce Yamat Meyer for more than ten years of With The Heart of A Child, and a work ethic excellent work with me in serving the people HON. JESSE L. JACKSON, JR. so then! of the First District. OF ILLINOIS And to cherish each new day, as it begins! IN THE HOUSE OF REPRESENTATIVES And make each new day count! Time and f time, and time again! Tuesday, October 13, 2009 And hold your families ever so close! HONORING BREAST CANCER Mr. JACKSON of Illinois. Madam Speaker, I For this is life’s full measure, that which so AWARENESS MONTH rise today to express my condolences to the means the most! family and friends of one of my most pres- Sail on my Son! We will hear your heart on tigious colleagues, Senator Edward M. Ken- the ocean’s setting sun’s . . . HON. JOHN B. LARSON Our beautiful brother from Boston! nedy. For Heaven so hold’s a place, for our most OF CONNECTICUT Senator Kennedy lived one of the most ex- precious one! IN THE HOUSE OF REPRESENTATIVES traordinary lives in American political history. For such men, of such courage, kindness, He was the last brother of one of America’s style and grace . . . Tuesday, October 13, 2009 most storied families; one of our all-time great And who have worked and prayed for re- senators; and a champion for human rights. demption, in all they’ve faced! Mr. LARSON of Connecticut. Madam His legislative accomplishments have touched And live by such undying Faith! Speaker, I rise today in recognition of Breast and improved the lives of virtually everyone Of such men so bright, who have all our Cancer Awareness Month, and the nationwide who lived in this great country for the past half heart’s so bathed in all their light . . . effort to fight one of the most prevalent can- a century. As the baby bore the load, lesson’s learned cers in the United States. For 25 years, we . . . profiles in courage he so earned Albert C. Caswell approached me shortly have used the month of October to highlight ... the admirable work in the campaign against after Senator Kennedy’s funeral with a poem How, Teddy raised his head each day. . . was he wrote titled, ‘‘Our Nation’s Tears’’. My col- breast cancer while also recognizing that we but a lesson for all of us to stay! still have a great fight ahead of us. While leagues may recognize Mr. Caswell’s familiar To take heart, to take pause . . . all in your face as he has served as a Tour Guide in the pain, and remember his life cause . . . there are over 2.5 million breast cancer sur- U.S. Capitol for the past 23 years. I was To remember his smile, and ever his heart of vivors in the United States, at least 40,000 moved by Mr. Caswell’s poem and he has a child . . . more women are dying every year. One out of asked that I submit it in the CONGRESSIONAL And that up in Heaven on this day . . . every eight women is afflicted, and my home Four brothers are so reunited, in a football RECORD. I ask unanimous consent to add my state of Connecticut has the third highest rate game . . . statement and his poem to the CONGRES- of new breast cancer cases in the country. ‘‘And remember, that the work goes on!’’ Recently the fight turned personal for me SIONAL RECORD and I encourage my col- ‘‘The cause endures!’’ leagues to read it. ‘‘The hope still lives!’’ and my hometown of East Hartford. Judy OUR NATION’S TEARS ‘‘And the dream shall never die!’’ Geier, a local 14-year veteran firefighter, wife (By Albert Carey Caswell) Ted, our most precious one . . . can you but of a police officer, and mother of five, was di- Our . . . not in Heaven hear my son? agnosed with breast cancer in July and is cur- Our Nation’s Tears . . . All of Our Nation’s swollen tears, these ones! rently undergoing chemotherapy. She expects As so now lie here! And for you, our Nation cry! surgery and radiation treatment in the near fu- For one of America’s finest son’s, this oh so In loving memory of Senator Edward Ken- ture. I am proud of how Judy has shown cherished one . . . nedy, May our Lord bless you our warm son, strength and courage in this battle, and how A Champion, for Fathers, Mothers, Sisters, and your family. the East Hartford Fire Department, led by Fire Brothers, Daughters and Sons. . . f Chief John Oates, and the entire town have For Seniors, and our most precious of all RECOGNIZING JOYCE YAMAT rallied around Geier and her family during this ones . . . our Children . . . MEYER FOR HER SERVICE TO For America, and all of these ones! trying time. Our Lion of The Senate Ted, so very dear THE FIRST DISTRICT OF WIS- This was exemplified with the work of the ... CONSIN Department did to bring the Pink Heals Tour As it’s for or thee, we now so shed such tears to East Hartford. Founded by Arizona fire- ... HON. PAUL RYAN fighter, Mr. Dave Graybill, the Pink Heals Tour As down our quivering cheeks they now so OF WISCONSIN is engaged in a nationwide mission, armed run! IN THE HOUSE OF REPRESENTATIVES with a caravan of pink fire trucks, to raise All for you Ted, and your great American Tuesday, October 13, 2009 family my son . . . funds and involvement in communities to pre- And that great love story, that our Lord God Mr. RYAN of Wisconsin. Madam Speaker, I vent and treat breast cancer. When the East had so begun! rise to honor Joyce Yamat Meyer, our Wash- Hartford firefighters learned of the Pink Heals And that great Irish family, that came from ington office Chief of Staff and now Acting Tour and its mission, they worked hard to far across those seas . . . Chief of Staff over all office operations. bring the Tour to East Hartford on behalf of

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VerDate Nov 24 2008 05:25 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A13OC8.038 E13OCPT1 smartinez on DSKB9S0YB1PROD with REMARKS Tuesday, October 13, 2009 Daily Digest Senate year ending September 30, 2010, taking action on Chamber Action the following amendments proposed thereto: Routine Proceedings, pages S10333–S10383 Pages S10339–52 Measures Introduced: Five bills and three resolu- Pending: tions were introduced, as follows: S. 1773–1777, and Vitter/Bennett Amendment No. 2644, to provide S. Res. 311–313. Pages S10361–62 that none of the funds made available in this Act Measures Reported: may be used for collection of census data that does not include a question regarding status of United S. 1692, to extend the sunset of certain provisions States citizenship. Page S10339 of the USA PATRIOT Act and the authority to issue national security letters, with an amendment in Johanns Amendment No. 2393, prohibiting the use of funds to fund the Association of Community the nature of a substitute. Page S10361 Organizations for Reform Now (ACORN). Measures Passed: Page S10339 United States Secret Service Uniformed Division Levin/Coburn Amendment No. 2627, to ensure Modernization Act: Senate passed S. 1510, to trans- adequate resources for resolving thousands of offshore fer statutory entitlements to pay and hours of work tax cases involving hidden accounts at offshore finan- authorized by the District of Columbia Code for cur- cial institutions. Page S10339 rent members of the United States Secret Service Durbin Modified Amendment No. 2647, to re- Uniformed Division from the District of Columbia quire the Comptroller General to review and audit Code to the United States Code. Pages S10378–80 Federal funds received by ACORN. Page S10339 Congressional Gold Medal: Committee on Bank- Begich/Murkowski Amendment No. 2646, to ing, Housing, and Urban Affairs was discharged allow tribes located inside certain boroughs in Alas- from further consideration of S. 846, to award a con- ka to receive Federal funds for their activities. gressional gold medal to Dr. Muhammad Yunus, in Page S10339 recognition of his contributions to the fight against Ensign Modified Amendment No. 2648, to pro- global poverty, and the bill was then passed. vide additional funds for the State Criminal Alien Pages S10380–81 Assistance Program by reducing corporate welfare programs. Page S10339 National Metastatic Breast Cancer Awareness Shelby/Feinstein Amendment No. 2625, to pro- Day: Committee on the Judiciary was discharged vide danger pay to Federal agents stationed in dan- from further consideration of S. Res. 295, desig- gerous foreign field offices. Page S10339 nating October 13, 2009, as ‘‘National Metastatic Leahy Amendment No. 2642, to include nonprofit Breast Cancer Awareness Day’’, and the resolution and volunteer ground and air ambulance crew mem- was then agreed to. Pages S10381–82 bers and first responders for certain benefits. Red Ribbon Week: Senate agreed to S. Res. 313, Page S10339 supporting the goals and ideals of Red Ribbon Graham Amendment No. 2669, to prohibit the Week, 2009. Page S10382 use of funds for the prosecution in Article III courts Measures Considered: of the United States of individuals involved in the September 11, 2001, terrorist attacks. Page S10339 Commerce, Justice, Science, and Related Agen- Coburn Amendment No. 2631, to redirect fund- cies Appropriations Act—Agreement: Senate re- ing of the National Science Foundation toward prac- sumed consideration of H.R. 2847, making appro- tical scientific research. Pages S10343, S10345 priations for the Departments of Commerce and Jus- Coburn Amendment No. 2632, to require public tice, and Science, and Related Agencies for the fiscal disclosure of certain reports. Page S10343 D1167

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Coburn Amendment No. 2667, to reduce waste Elizabeth M. Harman, of Maryland, to be an As- and abuse at the Department of Commerce. sistant Administrator of the Federal Emergency Pages S10343–45 Management Agency, Department of Homeland Se- During consideration of this measure today, Senate curity. also took the following action: Eleni Tsakopoulos Kounalakis, of California, to be By 56 yeas to 38 nays (Vote No. 320), three-fifths Ambassador to the Republic of Hungary. of those Senators duly chosen and sworn, not having Peter Alan Prahar, of Virginia, to be Ambassador voted in the affirmative, Senate rejected the motion to the Federated States of Micronesia. to close further debate on the committee-reported Sharon Jeanette Lubinski, of Minnesota, to be United States Marshal for the District of Minnesota amendment in the nature of a substitute. Page S10351 A motion was entered to reconsider the vote by for the term of four years. Rosanna Malouf Peterson, of Washington, to be which the motion to invoke cloture on the com- United States District Judge for the Eastern District mittee-reported amendment in the nature of a sub- of Washington. stitute failed. Page S10351 Christina Reiss, of Vermont, to be United States House Messages: District Judge for the District of Vermont. Veterans Health Care Budget Reform and Trans- Page S10383 parency Act: Senate concurred in the amendment of Nomination Withdrawn: Senate received notifica- the House of Representatives to the amendment of tion of withdrawal of the following nomination: the Senate to H.R. 1016, to amend title 38, United Lorelei Boylan, of New York, to be Administrator States Code, to provide advance appropriations au- of the Wage and Hour Division, Department of thority for certain accounts of the Department of Labor, which was sent to the Senate on May 11, Veterans Affairs, clearing the measure for the Presi- 2009. Page S10383 dent. Pages S10376–78 Measures Referred: Page S10360 Energy and Water Appropriations Act Con- Measures Placed on the Calendar: ference Report—Agreement: A unanimous-con- Pages S10333, S10360 sent-time agreement was reached providing that at Measures Read the First Time: approximately 11 a.m., on Wednesday, October 14, Pages S10360, S10382 2009, Senate resume consideration of the conference report to accompany H.R. 3183, Energy and Water Executive Communications: Pages S10360–61 Appropriations Act; that there then be 10 minutes Additional Cosponsors: Pages S10362–63 for debate equally divided and controlled between Statements on Introduced Bills/Resolutions: Senators Dorgan and Bennett, or their designees; Pages S10363–73 with Senator Dorgan controlling the final five minutes; that upon the use or yielding back of time, Additional Statements: Pages S10359–60 Senate vote on the motion to invoke cloture on the Amendments Submitted: Pages S10373–75 conference report to accompany H.R. 3183. Notices of Hearings/Meetings: Pages S10375–76 Page S10383 Authorities for Committees to Meet: Page S10376 Nomination Confirmed: Senate confirmed the following nomination: Record Votes: One record vote was taken today. (Total—320) Page S10351 Daniel I. Werfel, of Virginia, to be Controller, Office of Federal Financial Management, Office of Adjournment: Senate convened at 2 p.m. and ad- Management and Budget. Page S10383 journed at 7:15 p.m., until 10 a.m. on Wednesday, October 14, 2009. (For Senate’s program, see the re- Nominations Received: Senate received the fol- marks of the Acting Majority Leader in today’s lowing nominations: Record on page S10383.) George Apostolakis, of Massachusetts, to be a Member of the Nuclear Regulatory Commission for the term of five years expiring June 30, 2014. Committee Meetings William D. Magwood, IV, of Maryland, to be a (Committees not listed did not meet) Member of the Nuclear Regulatory Commission for the remainder of the term expiring June 30, 2010. BUSINESS MEETING William D. Magwood, IV, of Maryland, to be a Committee on Finance: Committee ordered favorably Member of the Nuclear Regulatory Commission for reported an original bill entitled, ‘‘America’s the term of five years expiring June 30, 2015. Healthy Future Act of 2009’’.

VerDate Nov 24 2008 04:57 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D13OC9.REC D13OCPT1 smartinez on DSKB9S0YB1PROD with DIGEST October 13, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1169 NOMINATION Gompert, of Virginia, to be Principal Deputy Direc- Select Committee on Intelligence: Committee concluded a tor of National Intelligence, Office of the Director of hearing to examine the nomination of David C. National Intelligence, after the nominee testified and answered questions in his own behalf. h House of Representatives to amend and reauthorize the Junior Duck Stamp Chamber Action Conservation and Design Program Act of 1994; Public Bills and Resolutions Introduced: 18 pub- Pages H11177–78 lic bills, H.R. 3788–3805; and 7 resolutions, H. Amending the North American Wetlands Con- Con. Res. 198–199; and H. Res. 822–826 were in- servation Act: H.R. 3433, to amend the North troduced. Pages H11297–98 American Wetlands Conservation Act to establish re- Additional Cosponsors: Pages H11298–99 quirements regarding payment of the non-Federal Report Filed: A report was filed today as follows: share of the costs of wetlands conservation projects Conference report on H.R. 2892, making appro- in Canada that are funded under that Act; priations for the Department of Homeland Security Pages H11178–79 for the fiscal year ending September 30, 2010 (H. Reauthorizing the Delaware Water Gap Na- Rept. 111–298). Page H11297 tional Recreation Area Citizen Advisory Commis- sion: H.R. 3476, to reauthorize the Delaware Water Speaker: Read a letter from the Speaker wherein she Gap National Recreation Area Citizen Advisory appointed Representative Moran (VA) to act as Commission, by a 2⁄3 yea-nay vote of 384 yeas to 1 Speaker Pro Tempore for today. Page H11175 nay, Roll No. 773; Pages H11179–80, H11260–61 Recess: The House recessed at 12:32 p.m. and re- 1st Lieutenant Louis Allen Post Office Designa- convened at 2 p.m. Page H11175 tion Act: H.R. 2877, to designate the facility of the Election Assistance Commission Board of Advi- United States Postal Service located at 76 Brookside sors—Appointment: The Chair announced the Avenue in Chester, New York, as the ‘‘1st Lieuten- Speaker’s appointment of the following member on ant Louis Allen Post Office’’; Pages H11180–81 the part of the House to the Election Assistance Commemorating the 80th anniversary of the Commission Board of Advisors: Ms. Lillie Coney, Daughters of Penelope: H. Res. 209, amended, to Washington, DC. Page H11176 commemorate the 80th anniversary of the Daughters Suspensions: The House agreed to suspend the rules of Penelope, a preeminent international women’s as- and pass the following measures: sociation and affiliate organization of the American Hellenic Educational Progressive Association Providing for an extension of the legislative au- (AHEPA); Pages H11181–83 thority of the Vietnam Veterans Memorial Fund, Inc.: H.R. 3689, to provide for an extension of the Congratulating the Aldine Independent School legislative authority of the Vietnam Veterans Memo- District in Harris County, Texas, on winning the rial Fund, Inc. to establish a Vietnam Veterans Me- 2009 ‘‘Broad Prize for Urban Education’’: H. Res. morial visitor center, by a 2⁄3 yea-and-nay vote of 791, amended, to congratulate the Aldine Inde- 390 yeas with none voting ‘‘nay’’, Roll No. 772; pendent School District in Harris County, Texas, on Pages H11176–77, H11260 winning the 2009 ‘‘Broad Prize for Urban Edu- cation’’; Pages H11183–85 Amending the Wild and Scenic Rivers Act: H.R. 1593, amended, to amend the Wild and Scenic Riv- Congratulating Kappa Alpha Psi Fraternity, ers Act to designate a segment of Illabot Creek in Inc., on 98 years of serving local communities: H. Skagit County, Washington, as a component of the Res. 659, amended, to congratulate Kappa Alpha Psi National Wild and Scenic Rivers System; Fraternity, Inc., on 98 years of serving local communities and enriching the lives of collegiate men Page H11177 throughout the Nation, by a 2⁄3 yea-and-nay vote of Junior Duck Stamp Conservation and Design 392 yeas with none voting ‘‘nay’’, Roll No. 774; Program Reauthorization Act of 2009: H.R. 3537, Pages H11185–87, H111261

VerDate Nov 24 2008 04:57 Oct 14, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D13OC9.REC D13OCPT1 smartinez on DSKB9S0YB1PROD with DIGEST D1170 CONGRESSIONAL RECORD — DAILY DIGEST October 13, 2009 Honoring the 100th anniversary of the Univer- NEW PUBLIC LAWS sity of Wisconsin-La Crosse: H. Res. 730, amended, (For last listing of Public Laws, see DAILY DIGEST, p. D1123) to honor the 100th anniversary of the University of H.R. 2131, to amend the Foreign Affairs Reform Wisconsin-La Crosse; Pages H11187–89 and Restructuring Act of 1998 to reauthorize the Expressing support for students to learn about United States Advisory Commission on Public Di- Christopher Columbus: H. Res. 822, to express sup- plomacy. Signed on October 9, 2009. (Public Law port for students to learn about Christopher Colum- 111–70) bus; Page H11191 H.R. 3593, to amend the United States Inter- Credit CARD Technical Corrections Act of national Broadcasting Act of 1994 to extend by one 2009: H.R. 3606, to amend the Truth in Lending year the operation of Radio Free Asia, and for other Act to make a technical correction to an amendment purposes. Signed on October 9, 2009. (Public Law 111–71) made by the Credit CARD Act of 2009; and Pages H11257–59 f Girl Scouts USA Centennial Commemorative COMMITTEE MEETINGS FOR WEDNESDAY, Coin Act: H.R. 621, amended, to require the Sec- OCTOBER 14, 2009 retary of the Treasury to mint coins in commemora- (Committee meetings are open unless otherwise indicated) tion of the centennial of the establishment of the Girl Scouts of the United States of America. Senate Pages H11262–67 Committee on Banking, Housing, and Urban Affairs: Sub- Recess: The House recessed at 4:01 p.m. and recon- committee on Financial Institutions, to hold hearings to vened at 6:30 p.m. Page H11259 examine the state of the banking industry, 2:30 p.m., SD–538. Suspensions—Proceedings Postponed: The House Committee on Energy and Natural Resources: to hold hear- debated the following measures under suspension of ings to examine energy and related economic effects of the rules. Further proceedings were postponed: global climate change legislation, 10 a.m., SD–366. Full Committee, business meeting to consider any Expressing support for the designation of the pending nominations, 11:30 a.m., SD–366. month of October as ‘‘National Work and Family Committee on Homeland Security and Governmental Affairs: Month’’: H. Res. 768, amended, to express support Subcommittee on Oversight of Government Management, for the designation of the month of October as ‘‘Na- the Federal Workforce, and the District of Columbia, tional Work and Family Month’’ and Pages H11189–90 with the Special Committee on Aging, to hold joint hearings to examine the cost of federal long-term care insur- Iran Sanctions Enabling Act of 2009: H.R. ance, 2:30 p.m., SD–342. 1327, amended, to authorize State and local govern- Committee on the Judiciary: to hold hearings to examine ments to direct divestiture from, and prevent invest- prohibiting price fixing and other anticompetitive con- ment in, companies with investments of duct in the health insurance industry, 10 a.m., SD–226. $20,000,000 or more in Iran’s energy sector. Special Committee on Aging: with the Committee on Pages H11191–95 Homeland Security and Governmental Affairs, Sub- committee on Oversight of Government Management, the Quorum Calls—Votes: Three yea-and-nay votes de- Federal Workforce, and the District of Columbia, to hold veloped during the proceedings of today and appear joint hearings to examine the cost of federal long-term on pages H11260, H11260–61 H11261. There were care insurance, 2:30 p.m., SD–342. no quorum calls. House Adjournment: The House met at 12:30 p.m. and adjourned at 12 midnight. Committee on Armed Services, hearing on Afghanistan: Getting the Strategy Right, 10 a.m., 210 HVC. Committee on the Budget, hearing on the Cost of Current Defense Plans: An Analysis of Budget Issues, 10 a.m., House Committees 210 Cannon. No committee meetings were held. Committee on Education and Labor, Subcommittee on Higher Education, Lifelong Learning, and Competitive- ness, hearing on Ensuring Student Eligibility Require- Joint Meetings ments for Federal Aid, 10 a.m., 2175 Rayburn. No joint committee meetings were held. Committee on Energy and Commerce, Subcommittee on En- ergy and Environment, to mark up the following bills; H.R. 3276, American Medical Isotopes Production Act of 2009; H.R. 3258, Drinking Water System Security Act

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of 2009; and H.R. 2868, Chemical Facility Anti-Ter- ‘‘National and Commercial Space Programs,’’ 10:15 a.m., rorism Act of 2009, 10 a.m., 2123 Rayburn. 2141 Rayburn. Subcommittee on Health, to mark up the Ryan White Committee on Oversight and Government Reform, a hearing HIV/AIDS Treatment Extension act of 2009, 3 p.m., entitled ‘‘AIG Bonuses: Audit Report of the Special In- 2113 Rayburn. spector General,’’ 10 a.m., 2154 Rayburn. Committee on Financial Assistance, to consider the fol- Committee on Rules, to consider the following: H.R. lowing measures: October 2, Discussion Draft of the 2442, Bay Area Regional Water Recycling Program Ex- Over-the-Counter Derivatives Markets Act of 2009; Sep- pansion Act of 2009; and the Conference Report to ac- tember 25, Discussion Draft of the Consumer Financial company H.R. 2892, Department of Homeland Security Protection Agency Act of 2009 (to be reported as H.R. Appropriations Act, 2010, 3 p.m., H–313 Capitol. 3126, Consumer Financial Protection Agency Act of Committee on Science and Technology, Subcommittee on 2009); H.R. 3763, To amend the Fair Credit Reporting Technology and Innovation, to mark up H.R. 3791, Fire Act to provide for an exclusion from Red Flag Guidelines Grants Reauthorization Act of 2009, 2 p.m., 2318 Ray- for certain businesses; and H.R. 3639 Expedited CARD burn. Reform for Consumers Act of 2009, 10 a.m., 2128 Ray- Committee on Small Business, hearing entitled ‘‘Increasing burn. Access to Capital for Small Businesses,’’ 11:30 a.m., 2360 Committee on Foreign Affairs, Subcommittee on Asia, Rayburn. The Pacific and The Global Environment, to mark up H. Committee on Transportation and Infrastructure, Sub- Con. Res. 153, Honoring the 111th anniversary of the committee on Railroads, Pipelines, and Hazardous Mate- independence of the Philippines; followed by a hearing on rials, hearing on High-Speed Rail in the United States: the Future of APEC, (Asian-Pacific Economic Coopera- Opportunities and Challenges, 2 p.m., 2167 Rayburn. tion), 2 p.m., 2172 Rayburn. Committee on Veterans’ Affairs, hearing on the Update on Committee on Homeland Security, hearing entitled ‘‘Diver- the State of the U.S. Department of Veterans Affairs, 10 sity at the Department of Homeland Security: Continuing a.m., 334 Cannon. Challenges and New Opportunities,’’ 10 a.m., 311 Can- Permanent Select Committee on Intelligence, non. Subcommittee Committee on House Administration, Subcommittee on on Terrorism, Human Intelligence and Counterintel- Capitol Security, hearing on Security Personally Identifi- ligence, executive, briefing on Hot Spots, 4 p.m., able Information Within the U.S. Capitol Police, 11 a.m., 304–HVC. 1310 Longworth. Committee on the Judiciary, to mark up the following Joint Meetings bills: H.R. 42, Commission on Wartime Relocation and Commission on Security and Cooperation in Europe: to hold Internment of Latin Americans of Japanese Descent Act; hearings to examine promoting tolerance and under- H.R. 1425, Wartime Treatment Study Act; and H.R. standing in the Organization for Security and Cooperation 3237, To enact certain laws relating to national and com- in Europe (OSCE) region, focusing on the role of the per- mercial space programs title 51, United States Code, sonal representatives, 10 a.m., SVC–208/209.

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Next Meeting of the SENATE of military aviation and expressing continued support for mili- 10 a.m., Wednesday, October 14 tary aviators of the United States Armed Forces; (4) H. Res. 627—Honoring the citizen-soldiers of the National Guard of Senate Chamber the State of Washington, including the 81st Brigade Combat Team (Heavy) of the Washington Army National Guard; (5) Program for Wednesday: After the transaction of any morn- H. Res. 810—Expressing condolences to the citizens of Indo- ing business (not to extend beyond one hour), Senate will re- nesia and support for the Government of Indonesia in the after- sume consideration of the conference report to accompany H.R. math of the devastating earthquake that struck the island of 3183, Energy and Water Appropriations Act, and after a period Sumatra; (6) H. Res. 816—Mourning the loss of life caused by of debate, vote on the motion to invoke cloture on the con- the earthquakes and tsunamis that occurred on September 29, ference report at approximately 11:15 a.m. 2009, in American Samoa and Samoa; (7) H. Res. 786—Com- (Senate will recess from 12:30 p.m. until 2:15 p.m. for their re- memorating the canonization of Father Damien de Veuster, spective party conferences.) SS.CC. to sainthood; (8) H. Res. 266—Celebrating 90 years of United States-Polish diplomatic relations; (9) H. Res. 603— Recognizing the 140th anniversary of the birth of Mahatma Next Meeting of the HOUSE OF REPRESENTATIVES Gandhi; (10) H. Res. 800—Expressing sympathy for the citi- 10 a.m., Wednesday, October 14 zens of the Philippines dealing with Tropical Storm Ketsana and Typhoon Parma; (11) H.R. 3371—Airline Safety and Pilot House Chamber Training Improvement Act; (12) H.R. 2423—The ‘‘George P. Kazen Federal Building and United States Courthouse’’, and Program for Wednesday: Consideration of the following sus- the ‘‘Marcel C. Notzon II Jury Room’’ Designation Act; (13) pensions: (1) H. Res. 408—Recognizing the vital role family H. Res. 465—Recognizing the Atlantic Intracoastal Waterway readiness volunteers play in supporting service members and Association; (14) H.R. 2651—Maritime Workforce Develop- their families; (2) H. Res. 754—Honoring the citizen-soldiers ment Act; (15) H. Con. Res. 138—Recognizing the 40th anni- of the National Guard of the State of Pennsylvania, including versary of the George Bush Intercontinental Airport; (16) H.R. the 56th Brigade Combat Team (Stryker) of the Pennsylvania 1700—National Women’s History Museum Act; and (17) H. Army National Guard on its return to the United States from Res. 719—Commending Russ Meyer on his induction into the deployment in Iraq; (3) H. Res. 445—Recognizing 100 years National Aviation Hall of Fame.

Extensions of Remarks, as inserted in this issue

HOUSE Costa, Jim, Calif., E2507 Kirk, Mark Steven, Ill., E2507 Ryan, Paul, Wisc., E2511, E2512, E2513, Faleomavaega, Eni F.H., American Larson, John B., Conn., E2514 E2513, E2514 Baca, Joe, Calif., E2506 Samoa, E2510, E2510, E2510, E2511, McMahon, Michael E., N.Y., E2512 Scalise, Steve, La., E2505 Brady, Kevin, Tex., E2513 E2511 McMorris Rodgers, Cathy, Wash., E2508 Smith, Lamar, Tex., E2507, E2513 Brady, Robert A., Pa., E2513 Farr, Sam, Calif., E2506 Murtha, John P., Pa., E2508 Stark, Fortney Pete, Calif., E2508 Brown, Henry E., Jr., S.C., E2506 Hill, Baron P., Ind., E2507 Pascrell, Bill, Jr., N.J., E2507, E2511 Van Hollen, Chris, Md., E2506, E2509 Capuano, Michael E., Mass., E2507 Holt, Rush D., N.J., E2512 Payne, Donald M., N.J., E2508 Carnahan, Russ, Mo., E2512 Honda, Michael M., Calif., E2505, E2509 Roe, David P., Tenn., E2512 Wittman, Robert J., Va., E2505 Clay, Wm. Lacy, Mo., E2511 Jackson, Jesse L., Jr., Ill., E2514 Rogers, Mike, Ala., E2505

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