September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22515 SENATE—Saturday, September 27, 2008

(Legislative day of Wednesday, September 17, 2008)

The Senate met at 9:30 a.m., on the SCHEDULE The ACTING PRESIDENT pro tem- expiration of the recess, and was called Mr. REID. Mr. President, following pore. The clerk will report the bill by to order by the Honorable MARK L. the remarks of the leaders, if any, the title. PRYOR, a Senator from the State of Ar- Senate will proceed to the consider- The legislative clerk read as follows: kansas. ation of the House message to accom- A bill (H.R. 5159) to establish the Office of pany H.R. 2638, the continuing resolu- the Capitol Visitor Center within the Office PRAYER tion. The time until 10 a.m. will be of the Architect of the Capitol, headed by The Chaplain, Dr. Barry C. Black, of- equally divided and controlled between the Chief Executive Officer for Visitor Serv- the leaders or their designees. At ex- ices, to provide for the effective management fered the following prayer: and administration of the Capitol Visitor Let us pray. actly 10 a.m., the Senate will proceed Center, and other purposes. Creator of the universe, all loving, all to a rollcall vote on the motion to in- There being no objection, the Senate wise, all powerful, move on Capitol Hill voke cloture on the motion to concur proceeded to consider the bill. today. Your lawmakers need You for in the House amendment to the Senate Mr. DEMINT, Mr. President, I rise to such a time as this, and You have amendment to H.R. 2638. speak on the newest addition to the promised to supply their needs. Supply As those of us here have seen, in try- U.S. Capitol, the U.S. Capitol Visitor their need for wisdom. Illuminate their ing to make entry to the Capitol, there Center. minds as they seek to do the right is something of a bicycle race or per- I have been told by the Architect of thing. Infuse them with supernatural formance of some kind. It has really the Capitol that the CVC is scheduled power to make sense out of the riddles slowed things up, so we are not going to open its doors to the public for the that baffle so many. May they be able to terminate the vote in the normal 15- first time on December 2 of this year. I to look back over today’s labors know- minute time schedule. We are going to have toured this impressive facility, ing they have glorified You. Lord, as- make sure people have an opportunity and I believe it will be a vast improve- tound them with new thoughts and to get here. I say to all Members, unless some- ment in the experience visitors will fresh insights they could not conceive thing can be resolved by consent, we have when touring the Capitol Com- without Your blessing. are going to file cloture today on the plex. I look forward to the opening of We pray in the Name of Him who is Department of Defense authorization this long awaited addition; it will be a the truth. Amen. bill, which will be a Monday vote. momentous and historic occasion. f Hopefully, there does not have to be a However, in addition to providing se- vote tomorrow. Thirty hours after clo- PLEDGE OF ALLEGIANCE curity and functionality, the CVC also ture was invoked on this matter will be provides an educational experience de- The Honorable MARK L. PRYOR led sometime tomorrow afternoon. There signed to tell the story of our Nation’s the Pledge of Allegiance, as follows: are a number of ways we can do that. Capitol. I believe it is critical that this I pledge allegiance to the Flag of the People wanting the extra 30 hours history appropriately and accurately United States of America, and to the Repub- could waive that or they could let us reflects the traditions and history of lic for which it stands, one nation under God, have a voice vote tomorrow. As I un- the Capitol. indivisible, with liberty and justice for all. derstand it, there is only one Senator We want our constituents and visi- f holding up this bill now. We will work tors from around the world to get an on that during the next hour or so. It accurate portrayal of the Capitol’s his- APPOINTMENT OF ACTING appears we may have to be in session PRESIDENT PRO TEMPORE tory and, as much as possible, to un- tomorrow, with a vote on Monday. I derstand the motivations and inspira- The PRESIDING OFFICER. The know there is a holiday on Monday tions of those who have led our branch clerk will please read a communication starting at sundown and going to sun- of Government since its establishment to the Senate from the President pro down on Tuesday. 220 years go. The staff worked until about 3 a.m. tempore (Mr. BYRD). Tragically, as the CVC exists now, this morning on the bailout. They The legislative clerk read the fol- they will get a much different experi- made significant progress. There are lowing letter: ence. probably 15 issues still left out- U.S. SENATE, In touring the CVC, I found the ex- PRESIDENT PRO TEMPORE, standing. Senators are going to have to get together and resolve those. We hibits to be politically correct, left Washington, DC, September 27, 2008. leaning, and secular in nature. The sec- To the Senate: hope sometime tomorrow evening we Under the provisions of rule I, paragraph 3, can announce that there has been some ular aspects were especially surprising of the Standing Rules of the Senate, I hereby kind of an agreement in principle so because of the deep connection between appoint the Honorable MARK L. PRYOR, a the only thing that will have to be faith and the Capitol, and our Judeo Senator from the State of Arkansas, to per- done is to write the legislation. We are Christian traditions. But despite this form the duties of the Chair. still a long way from completing it, but connection and our traditions, the ROBERT C. BYRD, doors to the CVC are flanked with a President pro tempore. we have made significant progress, as I just indicated. We will keep Senators quote from former Congressman Rufus Mr. PRYOR thereupon assumed the advised on a timely basis as well as we Choate that says, ‘‘We have built no chair as Acting President pro tempore. can. temple but the Capitol. We consult no common oracle but the Constitution.’’ f f Even a brief reflection on our Nation’s RECOGNITION OF THE MAJORITY CAPITOL VISITOR CENTER ACT OF history will show this quote is not ac- LEADER 2008 curate and, in my opinion, grossly in- The ACTING PRESIDENT pro tem- Mr. REID. Mr. President, I ask unan- appropriate. pore. The majority leader is recog- imous consent that the Senate proceed The first thing you are confronted nized. to Calendar No. 611, H.R. 5159. with once you have entered the CVC is

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

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22516 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 the phrase ‘‘E. Pluribus Unum’’ en- Now it can be said these are not in- There being no objection, the mate- graved in stone above a mock of the tentional omissions, but consider this: rial was ordered to be printed in the Capitol dome. A panel next to the dome last year the Architect of the Capitol RECORD, as follows: describes E. Pluribus Unum as our Na- censored God from a certificate accom- U.S. SENATE, COMMITTEE ON RULES tion’s motto. This is not only com- panying a flag flown over the Capitol AND ADMINISTRATION, pletely false but also offensive to the 90 by a Boy Scout for his grandfather; a Washington, DC, September 26, 2008. percent of Americans who approve of national cemetery director stopped an Hon. JIM DEMINT, our Nation’s actual motto ‘‘In God We honor guard from performing the tradi- Russell Senate Office Building, Trust,’’ signed into law by President tional burial ceremony because it men- Washington, DC. DEAR JIM: After many years of anticipa- Dwight Eisenhower in 1956. tioned God; ‘‘In God We Trust’’ was re- moved from the front of our currency; tion the Architect of the Capitol is preparing Unfortunately, nowhere in the CVC for the opening of the new Capitol Visitor will you find the words ‘‘In God We schools have been sued over having the Center (CVC) on December 2, 2008. Trust’’ engraved in stone. The ac- pledge of allegiance every morning; Delaying the opening of the CVC has seri- knowledgement of God and our Na- and the list goes on. ous security implications. The CVC was de- tion’s motto has been left out of the It appears that many would prefer to signed so that public visitors will be CVC. In fact, the massive replica of the ignore the role and prominence of God screened at one secure location, improving House Chamber omits the ‘‘In God We and faith in our Nation’s history and security in the U.S. Capitol for constituents, the lives of the American people today. staff and Members. Trust’’ from above the Speaker’s chair. Delaying the opening of the CVC also has We are now told they are planning to But I want to make sure unelected bu- reaucrats are not removing these ref- significant financial consequences. As you fix this ‘‘mistake,’’ but on my tour 2 are aware, the CVC has already cost $621 mil- days ago, it was still missing. Also erences just because they are afraid of lion for construction. The Architect is cur- missing are the words to our Pledge of offending a vocal minority, despite the rently paying the cost of salaries and bene- Allegiance, the only words spoken each overwhelming will of the American fits for staff preparing to open and operate morning by both Chambers of Con- people. I can assure you, this is some- the facility for the American public. Every gress. thing that I will continue to fight day the CVC is closed to the public, it will cost the taxpayer $72,040 in unused staff re- There are a few articles in the CVC against. I would like to take just a moment to sources. that reflect elements of faith—two Bi- In response to your letter dated September bles, a picture of the congressional detail a few of the many examples of our faith heritage that could be in- 25, 2008, we agree in principle to support en- nondenominational faith space, and the graving ‘‘In God We Trust’’ in stone in a cluded in future displays: the Aitken oath of office—but I believe they gross- prominent location within the CVC; engrav- Bible of 1782, the only Bible ever print- ly understate the prominent role of ing ‘‘The Pledge of Allegiance’’ in stone in a ed by an act of Congress; church serv- faith and Judeo Christian values in the prominent location within the CVC; and re- ices held in the Capitol for over 70 history of this great building. moving the words ‘‘Our Nation’s Motto’’ years while Congress was in session, from the Unity panel on the Wall of Aspira- I have worked with the Senator BEN- becoming the largest church in Wash- tions of the Exhibition Hall in the CVC, and NETT, the ranking member of the Rules ington in 1867; pictures of National Day replacing it with a new panel. Committee, this week to address some of Prayer events or the March for Life, We recognize that one of your suggestions of my concerns. After several conversa- both of which are attended by hundreds (renaming ‘‘Our Nation’s Motto’’) is a correc- tions, he and Senator FEINSTEIN, the tion, and the ‘‘Pledge’’ and ‘‘In God We of thousands of citizens each year; the chairman of the Rules Committee, sent Trust’’ are additions. The approximate cost text of President Lincoln’s second In- me a letter formalizing an agreement of doing all three projects, according to the augural and his Bible to go with the to make some changes. Our agreement Architect of the Capitol, is $150,000. table from which he delivered his ad- We are pleased that you have agreed to includes engraving ‘‘In God We Trust’’ dress, which is already in the CVC; a Senate consideration of the CVC legislation. in stone in a prominent location within description of all the paintings in the Sincerely, the CVC; engraving ‘‘The Pledge of Al- Rotunda on the virtual tour monitors DIANNE FEINSTEIN, legiance’’ in stone in a prominent loca- found in the CVC; and a picture of Chairman. tion within the CVC; removing the ROBERT F. BENNETT, Members of Congress gathering sponta- Ranking Member. words ‘‘Our Nation’s motto’’ from the neously on the Capitol steps to sing Unity panel on the Wall of Aspirations ‘‘God Bless America’’ on September 11. Mr. REID. Mr. President, I ask unan- and replacing it with a new panel. In the words of Benjamin Franklin: imous consent that the amendment I will ask unanimous consent to have ‘‘We have been assured in the sacred that is at the desk be considered and a copy of this letter be printed in the writings that except the Lord build the agreed to; the bill, as amended, be read RECORD. house, they labor in vain that build it. three times, passed; the motion to re- In addition, I have a verbal agree- I firmly believe this and I also believe consider be laid upon the table; and ment with Senator BENNETT that the that without His concurring aid, we that any statements relating to the Architect of the Capitol will be in- shall succeed in this political building bill be printed in the RECORD, as if structed to consider the rich faith her- no better than the builders of Babel.’’ given, with the above occurring with itage of our Nation when considering I also firmly believe this. And while I no intervening action or debate. the content of any future display. I firmly believe every person has the The ACTING PRESIDENT pro tem- would like to thank my friend for his right to their own opinion and the pore. Without objection, it is so or- help on this issue, and I look forward blessing of religious freedom, that free- dered. to working with him in the future. dom is the freedom of religion, not The amendment (No. 5674) was agreed I am very pleased with this progress freedom from religion. We don’t have to. in improving the accuracy of the CVC. to agree with our Founding Fathers (The amendment is printed in today’s However, I am still distressed by what and the history of our country, but RECORD under ‘‘Text of Amendments.’’) remains or, rather, what is missing. that doesn’t mean we can change it. The amendment was ordered to be There seems to be a trend of white- Daniel Webster said in this very build- engrossed and the bill to be read a washing God out of our history. The ing, ‘‘God grants liberty only to those third time. last two major memorials in Wash- who love it, and are always ready to The bill (H.R. 5159), as amended, was ington—the FDR and World War II Me- guard and defend it.’’ We must remem- read the third time, and passed. morials—left out references to God and ber our history and the faith of our fa- Mr. REID. Mr. President, I appreciate persons of faith, the first time a memo- thers; it is what formed us into the the bipartisan working relationship on rial or monument in Washington has great Nation we are today. the Rules Committee. Senators FEIN- not had a quote, reference, or inscrip- Mr. President, I ask unanimous con- STEIN and BENNETT work so well to- tion referencing God or the faith of sent to have a copy of the letter to gether, and this is an example of that those we are memorializing. which I referred printed in the RECORD. working relationship.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22517 Again, for all Senators, we are going tinuing Resolution for Fiscal Year 2009, can’t wait until Wednesday to do that, to vote at 10 o’clock this morning. shall be brought to a close? for obvious reasons. Now it appears our f The yeas and nays are mandatory goal is to try to complete everything under the rule. The clerk will call the next week. RESERVATION OF LEADER TIME roll. For the information of all Members, The ACTING PRESIDENT pro tem- The legislative clerk called the roll. staff worked until 3 o’clock this morn- pore. Under the previous order, the Mr. DURBIN. I announce that the ing on the rescue plan for the financial leadership time is reserved. Senator from Indiana (Mr. BAYH), the problems we have in America today. f Senator from Delaware (Mr. BIDEN), There are a number of issues that need to be resolved by Members. Chair- CONSOLIDATED SECURITY, DIS- the Senator from Massachusetts (Mr. man DODD has indicated he is going to ASTER ASSISTANCE, AND CON- KENNEDY), and the Senator from Illi- get people together sometime today TINUING APPROPRIATIONS ACT, nois (Mr. OBAMA) are necessarily ab- when appropriate. Staff has to move 2009 sent. Mr. KYL. The following Senator is down the road a little bit longer. The Mr. REID. Under the previous order, necessarily absent: the Senator from goal is to try to come up with a final the Senate will resume consideration Arizona (Mr. MCCAIN). agreement by tomorrow. Now, we may of the House message to accompany The yeas and nays resulted—yeas 83, not be able to do that, but we are try- H.R. 2638, which the clerk will report. nays 12, as follows: ing very hard. It is something I think The legislative clerk read as follows: [Rollcall Vote No. 207 Leg.] shows how we can work together. It is House message to accompany H.R. 2638, the YEAS—83 an issue on which none of us would like Department of Homeland Security Appro- to be working, but we have to work on priations Act/Continuing Resolution for 2009. Akaka Dorgan Murkowski Alexander Durbin Murray it. The ACTING PRESIDENT pro tem- Allard Enzi Nelson (FL) If we are going to be able to do what pore. Under the previous order, the Barrasso Feinstein Nelson (NE) it appears we can do, it will resolve a time until 10 a.m. shall be equally di- Baucus Grassley Pryor lot of the questions people have around Bennett Gregg vided and controlled between the two Reed Bingaman Hagel Reid the country because it is not the pro- leaders or their designees. Bond Harkin Roberts posal we got from Secretary Paulson. Mr. REID. Mr. President, I suggest Boxer Hatch Rockefeller It is one where Democrats and Repub- Brown Hutchison Salazar the absence of a quorum and ask that Brownback Inhofe licans in the House and the Senate are Sanders the time be charged against both the Byrd Inouye working to get an end product. Schumer Cantwell Isakson majority and the minority. Smith Without getting into the details—I Cardin Johnson The ACTING PRESIDENT pro tem- Snowe do not think we should do that now, Carper Kerry pore. Without objection, it is so or- Casey Klobuchar Specter and I talked to Chairman DODD earlier dered. Chambliss Kohl Stabenow today, and he also agrees we should not The clerk will call the roll. Clinton Lautenberg Stevens Sununu get into the details right now. But if The legislative clerk proceeded to Cochran Leahy Coleman Levin Tester we can do that, at least announce call the roll. Collins Lieberman Thune sometime tomorrow that we have the Mrs. MURRAY. Mr. President, I ask Conrad Lincoln Vitter beginning of an agreement—we are told unanimous consent the order for the Cornyn Lugar Voinovich it is very important we do that—if we Craig Martinez Warner quorum call be rescinded. Crapo McCaskill Webb could do it by 6 o’clock tomorrow, it The ACTING PRESIDENT pro tem- Dodd McConnell Whitehouse would be important because that is pore. Without objection, it is so or- Dole Menendez Wicker when the Asian markets open, and ev- dered. Domenici Mikulski Wyden eryone is waiting for this thing to tip a CLOTURE MOTION NAYS—12 little bit too far, that we may not have The ACTING PRESIDENT pro tem- Bunning DeMint Kyl another day. But if we can announce an pore. Pursuant to rule XXII, the Chair Burr Ensign Landrieu agreement, then it is going to take Coburn Feingold Sessions lays before the Senate the pending clo- Corker Graham Shelby some time to draft this because we ture motion, which the clerk will re- know people want to read every line, as port. NOT VOTING—5 they should. We are going to work The legislative clerk read as follows: Bayh Kennedy Obama something out on that. Biden McCain CLOTURE MOTION I have spoken to the Republican lead- The PRESIDING OFFICER (Ms. We, the undersigned Senators, in accord- er. It is possible, with the agreement of ance with the provisions of rule XXII of the KLOBUCHAR). On this vote, the yeas are Senators BAUCUS and GRASSLEY, that Standing Rules of the Senate, hereby move 83; the nays are 12. Three-fifths of the we could use a tax measure they al- to bring to a close debate on the motion to Senators duly chosen and sworn having ready have, that we would start here concur in the House amendment to the Sen- voted in the affirmative, the motion is first. Now, my inclination is not to do ate amendment to H.R. 2638, the Department agreed to. that. We should have the House do it of Homeland Security Appropriations Act/ The majority leader is recognized. first. But there are a lot of possibilities Continuing Resolution for Fiscal Year 2009. Mr. REID. Madam President, we are floating around. I am going to keep in Evan Bayh, Debbie Stabenow, Benjamin now working our way through L. Cardin, Byron L. Dorgan, Barbara A. as close touch as I can with Senator Mikulski, Jeff Bingaman, John F. postcloture time. Everyone has been MCCONNELL, and he will notify his Kerry, Herb Kohl, Sherrod Brown, Jon very courteous and agreeable. We will Members when that is appropriate, and Tester, Benjamin Nelson, Richard Dur- probably have to spend 21⁄2 hours before I will do the same. bin, Patrick J. Leahy, Amy Klobuchar, we have the final vote on this CR. It So we will have one more vote today. Robert P. Casey, Jr., Claire McCaskill, will probably be around 1 o’clock. We We think we have that worked out. We Bernard Sanders. would hope that we can condense the do not have the actual agreement—I do The ACTING PRESIDENT pro tem- time. That would be 1 o’clock today have it. Everyone should know I am pore. By unanimous consent, the man- rather than 4 o’clock or 5 o’clock to- getting pretty good at reading Lula’s datory quorum call is waived. morrow afternoon. That being the case, writing, which is OK, but not real good. The question is, Is it the sense of the the only matter that is left that we Madam President, I ask unanimous Senate that debate on the motion to have to be concerned about is the De- consent that all postcloture time be concur in the amendment of the House partment of Defense authorization. My yielded back except that the following to the amendment of the Senate to plan, as I have explained to the Repub- be recognized to speak, and at the expi- H.R. 2638, the Department of Homeland lican leader, is to file cloture on that ration of that time the Senate proceed Security Appropriations Act/Con- today for a Monday cloture vote. We to vote on the motion to concur, and

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22518 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 there be no further intervening action up to date on the status of the talks The measure that is before the Sen- or debate; that the people who will that are going on. Staff worked, as the ate includes the fiscal year 2009 De- speak on the motion to concur be Sen- majority leader indicated, through the fense appropriations bill, the fiscal ator BYRD, 15 minutes; Senator COCH- evening, and this will be an oppor- year 2009 Military Construction and RAN, 15 minutes; Senator COBURN, 15 tunity to bring everybody up to date. Veterans Affairs bill, and the fiscal minutes; Senator SESSIONS, 30 minutes; Mr. DOMENICI. Madam President, year 2009 Homeland Security bill. Senator KYL, 10 minutes; Senator will the leader yield to the Senator In addition, the measure includes a DEMINT, 15 minutes; Senator from New Mexico for a question? continuing resolution for fiscal year LANDRIEU, 30 minutes. The PRESIDING OFFICER. The Sen- 2009, which provides funding for Gov- The PRESIDING OFFICER. Is there ator from New Mexico. ernment operations at fiscal year 2008 objection? Mr. DOMENICI. Madam President, I levels through March 6, 2009. Ms. LANDRIEU. Madam President, have a question of the majority leader In response to the Midwest floods and reserving the right to object. or the minority leader. Hurricanes Gustav, Hanna, and Ike, the The PRESIDING OFFICER. The Sen- I have been asked by a number of measure includes $22.3 billion of crit- ator from Louisiana. people who want to come to the Senate ical disaster relief. Ms. LANDRIEU. Madam President, I floor when I give a couple sentences of The measure also includes funding to understand there are many plans that goodbye to the Senate, and I am just support $25 billion of auto industry have been made this weekend, and I ap- wondering when might such things be loans that were authorized in the En- preciate the cooperation of the Demo- available for myself, Senator WAR- ergy Independence and Security Act of cratic leader and the Republican lead- NER—— 2007. These loans will provide a critical er. I appreciate the good work that Mr. REID. Madam President, I have boost to the effort to develop energy- some of my Republican and Demo- prepared a speech that I want to give efficient vehicles, while creating thou- cratic colleagues have done this last for my friend. We have worked to- sands—thousands, I will say—of new week, particularly Chairman HARKIN. gether for so many years. I am going to jobs. The bill also includes $5.1 billion However, on ag we are about ready to do that on Monday. We are going to be for the Low-Income Home Energy As- close out a session without a substan- in session on Monday, and we will like- sistance Program and $250 million for tial and adequate advance or plan to ly have a vote Monday on the Defense the Weatherization Program. With this help the agricultural community, and Department authorization bill. If we funding, an additional 5.7 million the rules that have been written in the don’t, we are still going to be in ses- households will get assistance in cop- last farm bill are not adequate. sion. I think we send the wrong mes- ing with dramatically rising home I have asked the leader for 1 hour to sage to America if we leave here with heating costs. At the current funding speak today. I do not think that is too this bailout not having been done. So I level, the Low-Income Home Energy much to try to advance the effort. I am going to give my speech on Monday Assistance Program serves only 15 per- thank Senator HUTCHISON for signing about you, I say to the Senator, and cent of eligible families. on. I have asked for just a vote at the that would be a good time to give one. The message that is before the Sen- next available time—not today, not on Mr. DOMENICI. Madam President, I ate lives up to the commitment we this bill. know Senator WARNER would like to made to support our troops, provide Would the leader please respond if an speak. That is satisfactory with me, as first class health care to our veterans, hour would be available? long as we are expecting to give people secure our homeland, direct relief to The PRESIDING OFFICER. The ma- like you and me a little bit of time. the victims of natural disasters all Mr. REID. Madam President, we will jority leader is recognized. across this great Nation of ours, and have time next week to make sure we Mr. REID. Madam President, we are provide help for families on Main do. There are a number of Senators happy to change the 30 minutes in the Street. who want to say a few words or many consent that is being sought now to Madam President, my good friend, words—whatever they choose—about have 1 hour for the Senator from Lou- Senator THAD COCHRAN, and I began departing Senators. So we are going to isiana. What we have been working on this year with the goal of producing 12 have plenty of time to do that next today is that there are a number of ag- bipartisan, fiscally responsible appro- week. ricultural States: Arkansas, Louisiana, priations bills. The Committee on Ap- Mr. DOMENICI. Madam President, I Texas, and a lot of—— propriations made great progress in re- thank our leader. porting nine such bills by the end of Ms. LANDRIEU. Mississippi. The PRESIDING OFFICER. The Re- July. Regrettably, the President—your Mr. REID. Mississippi, and a lot of publican leader is recognized. President, my President, our Presi- other States. We have an agreement Mr. MCCONNELL. Madam President, that there is a piece of legislation that I, too, had planned to speak about Sen- dent—chose to announce that he would veto any of the bills—hear that—he Senators from a number of States will ator DOMENICI and Senator WARNER sign onto, Democrats and Republicans. today, and I will check with them on would veto any of the bills—did you Senator MCCONNELL and I will do ev- their schedules because I certainly hear that—that he would veto any of erything we can to bring it up. Every- would like for them to be here on the the bills that exceeded his request. Our bills included critical increases one understands the Senate rules, and floor of the Senate. Obviously, a better in funding for veterans health care, for we will do our best to get it up. time to do that, if it were done today, job-creating programs such as highway Now, we cannot guarantee a vote, but would be after the vote, an hour and a and mass transit, for the National In- we will guarantee that we will do ev- half or so from now. But I will be con- stitutes of Health, and for fighting erything we can to bring this matter ferring with them about that. before the Senate. Mr. DOMENICI. I thank the Senator. crime in our streets. As a result of the The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there President’s veto threats, the appropria- objection? objection to the original request of the tions process has fallen prey to the Mr. REID. As modified, with Senator majority leader? election cycle. Therefore, in order to LANDRIEU having 1 hour, 60 minutes. Without objection, it is so ordered. fulfill our promises to the troops and The PRESIDING OFFICER. Without The Senator from West Virginia is to our veterans, we have, once again, objection, it is so ordered. recognized. yes, been forced to use an omnibus ap- The Republican leader is recognized. Mr. BYRD. Madam President, I propriations measure to complete our Mr. MCCONNELL. Madam President, thank the Chair. work. I disdain—I disdain—such proce- I just want to indicate to my Repub- Madam President, I speak today in dures. But, in order to complete our lican colleagues we will have a briefing support of the Consolidated Security, work, we proceeded on a bipartisan in the Mansfield Room at 11 o’clock Disaster Assistance, and Continuing basis to produce the legislation that is from Senator GREGG to bring everyone Appropriations Act of 2009. now before the Senate.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22519 So I urge all of my fellow Senators— priations bill. It also contains a con- with the President over appropriations hear me: I urge all of my fellow Sen- tinuing resolution to fund the rest of bills. Of course, he has insisted that his ators to join me in supporting swift ac- the Government through March 6, and request be honored, that the submis- tion on these critical national prior- a substantial disaster supplemental in sion he has made to the Congress for ities. response to floods, wildfires, and hurri- appropriations be honored in terms of Madam President, there is funding in canes. the top line figure; that any bill in- this bill to conduct an independent and I highlight the title of the bill be- creasing the amount above the Presi- objective study regarding the with- cause it is indicative of the sometimes dent’s request would be vetoed. But drawal of our troops from Iraq in the opaque and convoluted process by you know what. I don’t remember any next 12 to 18 months. This bill includes which the bill was drafted. Its contents President since I have been in the Sen- $2.4 million for the Department of De- were determined almost exclusively by ate who hasn’t said something such as fense to provide to the RAND Corpora- staff members and a small handful of that when he submits the bills to the tion to conduct this study. As a Feder- Members of the Senate. There was no Senate. I can remember the Senate ally-funded research and development opportunity for most Senators to advo- working its will, considering the Presi- center and an independent research cate for a specific request. There was dent’s requests. I remember President arm of the Department of Defense, no forum in which to offer amend- Reagan standing there with a big con- RAND has access to the Department of ments. There were no meetings in tinuing resolution and supplementals Defense information necessary to pre- which to argue policy or discuss griev- and everything else we can imagine; it pare such plans. Furthermore, the staff ances that Members may have had with was about 2 feet high and tall, and in at RAND is able to draw on expertise the provisions of these bills. There was his State of the Union or speech to the from across the entire spectrum of the no meeting of the conference com- Congress, he said: Don’t ever send me U.S. government to provide a long mittee. Only a few elements of the bill another bill such as this. I will veto it. overdue strategic assessment. This have been previously considered on the Well, guess what. We kept sending study will assume that the United floor of the Senate. Only the Military bills, and if they weren’t that high, States will leave a limited number of Construction and Veterans Affairs they might have been close to it. That troops in Iraq to train Iraqis, target Al chapter was debated on the floor of the is what we have on our hands here, the Qaeda, and protect our mission after other body. Yet we have only a few chief executive insisting on his right to the withdrawal of the majority of our days remaining in the fiscal year, and participate in the process and be an in- forces. we have been compelled to either con- fluence in the process through the A study of this scope is long overdue. cur in the House amendment or risk budget submission and the request for Secretary of Defense Gates stated be- the shutdown of the Government. appropriations that he is bound to fore the Senate Armed Services Com- The appropriations process has rare- make to the Government every year, mittee on September 23, 2008 that in ly, if ever, been perfect, and I am the and we are bound to respond. We are Iraq, he believes: first to admit that. In many years, the bound to act, and we have. we have now entered that endgame—and regular order has been abandoned at So I am not quarreling with the tech- our decisions today and tomorrow and in the some stage of the process because of nicality; what I am suggesting is we months ahead will be critical to regional sta- pressures of the legislative and fiscal have denied our own Members the op- bility and our national security interests for calendar. portunity to openly discuss, to debate, years to come. This year, we have thrown regular to offer amendments on these bills. I Yet it is unclear where Defense De- order completely out the window. In think we need to reexamine that proc- partment formal planning stands on the process, we have failed both the ess of putting half of the day-to-day op- withdrawing our forces in a measured Senate and, in my opinion, the people erations of the Government on auto and responsible manner. The time to we represent. Not any of the 12 fiscal pilot, which is what was the result, for begin the Iraq withdrawal is now. This year 2009 appropriations bills have been 6 months—for 6 months—rather than new RAND study will publicly and brought to the Senate floor. Only one negotiate with the President, or at- independently help chart the respon- appropriations bill was brought to the tempt to override his veto. We can sible course ahead. floor of the House. override the veto, too. It is not the end I wish to thank Chairman INOUYE for The Senate committee did not mark of the world when the President vetoes including this language and Senator up even three of the appropriations a bill. KENNEDY for his strong leadership on bills, including the Defense bill, that So the majority continues to express this issue. supports men and women in uniform, confidence that the Congress will be Madam President, I reserve the bal- which accounts for almost half of all able to come back next year and, work- ance of my time. discretionary spending. We didn’t con- ing with the next President, we hope to The PRESIDING OFFICER. The Sen- sider the bill in committee. Yet here complete action on the remaining ap- ator from Mississippi is recognized. we are with a so-called conferenced De- propriations bills. Whether that is real- Mr. COCHRAN. Madam President, ac- fense bill buried within a much larger istic to expect, we will wait until the cording to the order, I was allocated a appropriations measure, which we have next Congress and confront the next certain amount of time. I think it was adopted. administration with our views on the 15 minutes. It is not without precedent to have appropriations levels and the proper The PRESIDING OFFICER. That is regular bills appended to the con- way to write these bills of funding the correct. tinuing resolution or other appropria- Federal Government. Mr. COCHRAN. I doubt if I will use tions bills, but this is a $1 trillion ap- I fear the next Congress may refuse that time, for the information of other propriations package that has been to do that and instead extend the con- Senators who may be waiting for the presented for final action without a tinuing resolution through the end of opportunity to speak. conference committee meeting, with- the year. There may be some adjust- We have adopted, strictly speaking, out any noncommittee members hav- ments made here and there. We have an amendment to the Senate amend- ing had an opportunity to discuss the done that before. We did it in 2007. We ment to H.R. 2638, an act making ap- issues, to amend the bill, and without wouldn’t spend much less under that propriations for the Department of even committee members having an scenario, but we might omit some de- Homeland Security for fiscal year 2008. opportunity to consider most of the tails, guidance, and oversight provi- But most Members are aware that provisions of the bill. sions that are our responsibility to un- what this bill actually contains is the Now, the principal reason, we under- dertake. fiscal year 2009 Homeland Security Ap- stand, is that the leadership made a So if the majority was unable to win propriations bill, and the Military Con- conscious decision early in the year concessions from the President on struction and Veterans Affairs appro- not to engage the President, not to fuss their spending priorities, we could have

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22520 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 overridden the President’s vetoes or re- unable to offer amendments to the De- the President’s request to accommo- written the bills to accommodate the fense bill, the Interior bill or the legis- date an additional 1,400 detention beds. President’s concerns. There is nothing lative branch bill because those bills The Defense chapter provides a bal- to stop Congress from coming back were never brought before the com- anced approach to readiness, mod- next year and working with the next mittee. ernization and quality of life programs administration to address in supple- I am sorry for all the Members of this for U.S. military men and women. It mental legislation any shortfalls we body who will have no opportunity, and provides the level of support that they may become aware of. That is probably have had no prior opportunity, to offer deserve—including additional family what we will end up doing. But with amendments to the various elements of advocacy programs, enhanced health this CR, this continuing resolution, we this package. care, improved training, and state-of- will put half of the Government adrift, This is a $1 trillion appropriations the-art equipment. in effect, for the next 6 months. bill, yet there has been no conference The bill includes $9.3 billion for the We have been able to take some com- committee to resolve differences be- Federal Emergency Management Agen- fort in the past by the fact that the Ap- tween the House and Senate. This Sen- cy for essential disaster response propriations Committees did that ator has taken part in only a single across the United States. These funds which was their responsibility to do. meeting on this bill, and that meeting are crucial to help our citizens and This year, however, even the com- was confined to the Defense Appropria- communities recover from recent dis- mittee has fallen short. In the Senate tions chapter and was limited to the asters such as Hurricanes Gustav and we marked up only 9 of the 12 appro- chairmen and ranking Members of the Ike, as well as past disasters such as priations bills. In the House, only five Defense subcommittee. There was no Hurricane Katrina. were reported from the full committee. similar meeting for any of the other At the end of the day, I am pleased That is because the majority didn’t parts of this bill. Instead, decisions that we will get the three principal se- want to take votes on the single issue were made exclusively by staff, the curity-related appropriations bills to which has been the top priority of committee chairmen, and the Demo- the President. I regret the process that American families throughout the cratic leaders. has brought us to this point, and the summer—energy prices. The majority To be clear, Chairman BYRD and his degree to which Members have been didn’t want to risk even considering staff have been steadfast throughout shut out of the decision-making. It amendments to amend or repeal the this process in advocating for Senate would be unconscionable for Congress moratoria on oil and gas development priorities. I am grateful for Senator to adjourn without enacting a Defense on the Outer Continental Shelf, or the BYRD’s support, and other Senators bill while our troops are in the field, moratorium that prohibits the develop- should be as well. I would like to be fighting to implement the policies of ment of Rocky Mountain oil shale de- able to help him, however, and I know our government and sometimes making posits. my colleagues on the committee would the ultimate sacrifice. I was elected by the people of my like to help as well. Yet without mark- I will support this bill, and I urge my State to vote on issues such as energy ups or conference committees or for- colleagues to do the same. But we must policy. That is what we are here to do. mal meetings, there is no venue for do better next year. We must put the But we spent much of the summer, in Members to express their views or ad- upcoming election behind us, and rec- effect, avoiding our responsibilities. vocate for their priorities. ognize that shortcuts in the legislative What has been the result? Before us Some will criticize this bill for in- process are often the long way around. we now have an appropriations bill cluding billions and billions in ear- Enacting appropriations bills is one of that does exactly what the majority marks that were tucked into a must- the core duties of the Congress. If Con- had hoped to avoid—it lifts the mora- pass spending bill behind closed doors. gress is to regain the trust and respect toria on oil shale and Outer Conti- It may surprise people to hear me say of the American people, we must per- nental Shelf development. In the proc- this, but there is some truth in this. form that duty in a timely and trans- ess of getting to that result, however, While I will defend vigorously the right parent fashion. Members of the House and Senate Ap- of Congress to appropriate funds for Thank you, Madam President. propriations Committees have been de- specific purposes or projects, I will also My hope is we will admit we have re- nied the opportunity to debate and defend the right of individual Senators sponsibilities that go beyond putting offer amendments to the other appro- to challenge those choices throughout the Government on this auto pilot as priations bills, including the Defense the legislative process. Just like any- we have described. We are here to chal- appropriations bill that is buried in thing else in a bill, earmarks should be lenge the President when we disagree this package. subject to scrutiny and amendment in with him, but we don’t need to avoid This saddens me. committee, on the floor, and during completely our responsibilities or abro- I regret that Republican committee conference. We do ourselves a great gate our responsibilities. members in the other body were denied disservice by centralizing decision- Madam President, I yield the floor. an opportunity to amend the Defense making in the hands of a few, and by The PRESIDING OFFICER. The or Homeland Security bills that are not allowing all Members of the House Chair wishes to note that under the part of this package. and Senate to contribute their own previous order cloture having been in- I regret that Republicans in the unique knowledge and ideas to legisla- voked on the motion to concur in the other body were denied an opportunity tion. House amendment, the motion to con- to offer a motion to recommit this bill. Don’t get me wrong. This bill in- cur with an amendment falls. The majority precluded even this cludes many positive measures. The Senator from West Virginia is minor parliamentary opportunity by In the Military Construction and recognized. using the fiscal year 2008 Homeland Se- Veterans Affairs chapter, the Depart- Mr. BYRD. Madam President, let me curity bill as a shell for this bill. ment of Veterans Affairs is funded at a say that I share the disdain the able I am sorry for all Members of the record level of $94.4 billion, including Senator from Mississippi has expressed other body who were denied any oppor- $31 billion for medical services. Our for this process. Everything the able tunity to offer amendments to any commitment to quality care for our Senator has said is absolutely correct. piece of this package aside from the veterans has never been greater. The last time that all appropriations Military Construction and Veterans Af- The Homeland Security chapter in- bills were sent to the President on time fairs bill. Even amendments to that cludes funding for 2,200 new border pa- was 1994 when I was chairman. We bill were controlled by an unusually re- trol agents, $775 million for continued should all do better, and I look forward strictive rule. work on physical and tactical infra- to working with the able and distin- I regret that some members of the structure along the southern and guished Senator to return to the reg- Senate Appropriations Committee were northern borders, and funding above ular order.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22521 I yield the floor. dent proposed deep cuts in funding for pected that nearly all of the 670 miles of The PRESIDING OFFICER. The Sen- our Nation’s first responders. fencing and vehicle barriers on the South- ator from Mississippi. The message that is now before the west border will be complete or under con- Mr. COCHRAN. Madam President, I Senate increases our ability to secure tract by the end of January 2009. 2,200 new Border Patrol agents—this will sincerely thank my distinguished col- the homeland—this homeland, our bring the total number of agents to 20,019 by league and friend, Senator BYRD, the homeland—by increasing resources for the end of Fiscal Year 2009. It also adds funds chairman of our committee. We have border security, restoring irresponsible to transfer 75 experienced agents to the worked closely together during my cuts in first responder grants, funding Northern border. time in the Senate. I have enjoyed the immigration enforcement, and increas- 892 new CBP officers and specialists, in- opportunity to learn from him. I appre- ing funding above the President’s re- cluding 561 for land border ports of entry, 173 ciate the cooperation he has extended quest for core homeland security mis- for airports, 100 agriculture specialists, and 58 trade specialists. to me personally. Also, that is true of sions that help to keep our people— The bill provides significant resources for his staff members, that we have your people, my people—our people immigration enforcement including: worked together and with mutual re- safe. Direction that $1 billion be focused on spect. That respect still continues. I Finally, the bill includes new re- identifying and removing from the United am grateful for it. I know that by con- quirements for contracting, procure- States criminal aliens who are either at- tinuing to put our best efforts forward, ment, and program oversight, helping large or already incarcerated in prisons or we can improve this process, and I look to ensure that taxpayer dollars are jails. This includes $150 million above the re- quest, added by the Senate bill, to continue forward to that day. being carefully spent. the Secure Communities program that was The PRESIDING OFFICER. The Sen- The legislation significantly in- initially funded last year. ator from West Virginia. creases resources for border security, 1,400 new detention beds, for a total of Mr. BYRD. Madam President, I including $775 million, as requested, for 33,400 beds—400 more than requested. thank the very able and distinguished border fencing and technology on the $60 million above the request for worksite Senator. southwest border and funding to hire enforcement (including detention beds asso- I certify that the information re- 2,200 new Border Patrol agents and 892 ciated with worksite enforcement actions). quired by Senate rule XLIV related to Worksite enforcement is funded at $126.5 mil- new Customs officers. lion. congressionally directed spending has The legislation provides significant $226 million to fully fund 104 fugitive oper- been available on the publicly acces- resources for immigration enforce- ations teams that locate and remove illegal sible congressional Web site in a ment, including over $1 billion to iden- aliens who have been ordered removed from searchable format at least 48 hours be- tify and remove from the United States the country but who have absconded. fore a vote on the pending bill. criminal aliens who are either at large $189 million for the Criminal Alien Pro- Madam President, I speak today in or already incarcerated in prisons or gram to identify and remove aliens currently support of the fiscal year 2009 Home- jails, funding for 1,400 new detention serving time for crimes committed in this country. land Security Appropriations bill beds, $60 million above the request for The bill restores irresponsible cuts in first which addresses America’s most crit- work site enforcement, and $226 million responder grants: ical and pressing security needs. The to fully fund 104 fugitive operations The bill restores irresponsible cuts in first Appropriations Committee, which was teams that locate and remove illegal responder grants by providing $4.244 billion established in 1867, by a vote of 29 to 0, aliens who have been ordered removed for the programs, $16.2 million above FY 2008 produced a balanced and responsible from the country. enacted and $2.071 billion above the Presi- bill. We had a good negotiation with The legislation restores irresponsible dent’s FY 2009 request. Port security grants are funded at $400 million, which is $190 mil- the House. cuts in first responder grants by pro- lion over the request. Rail and transit secu- The legislation invests the resources viding $4.244 billion—$16.2 million rity grants are funded at $400 million, which needed to protect our citizens from above fiscal year 2008 and $2.071 billion is $225 million over the President’s request. deadly terrorist attacks, to secure our above the President’s fiscal year 2009 FIRE Act grants are funded at $565 million, borders and enforce U.S. immigration request. which is $265 million over the President’s re- laws, and to ensure a rapid and effec- Port security grants are funded at quest. And SAFER grants are funded at $210 tive Federal response to both natural $400 million, and rail and transit secu- million, which the President proposed to rity grants are funded at $400 million. eliminate. and manmade disasters. The bill provides critical increases above The bill total is $42.2 billion. That is FIRE Act grants are funded at $565 mil- the request for core homeland security mis- $42.20 for every minute since Jesus lion, which is $265 million over the sions: Christ was born. The bill total is $42.2 President’s request, and SAFER grants The bill provides $294 million for the pur- billion, which is $2.4 billion above the are funded at $210 million, which the chase and installation of explosives detec- President’s budget request. And de- President proposed to eliminate. tion equipment for checked baggage at air- spite—hear me now—despite the ad- The bill provides critical increases ports, $140.1 million above the request and ministration’s assertion that al-Qaida above the President’s request for core the same level enacted in Fiscal Year 2008. When combined with $250 million in manda- has reconstituted itself in Pakistan homeland security missions, including tory funds for this program, the bill provides with the goal of striking America, the the Coast Guard, the Secret Service, $544 million. TSA is in receipt of over 80 re- President—get this—the President sub- aviation security, and FEMA. quests totaling $700 million for airport facil- mitted a flat budget proposal for the Madam President, I ask unanimous ity modifications for optimal checked bag- Department of Homeland Security. consent to have printed in the RECORD gage screening solutions. The increase of I am going to read that again. It a more detailed description of the bill. $140.1 million above the President’s request bears reading again. Despite the ad- There being no objection, the mate- greatly accelerates the ability of TSA to im- ministration’s assertion—that is, this rial was ordered to be printed in the plement these optimal systems. The bill provides $250 million for check- administration—this administration’s RECORD, as follows: point screening equipment, $122.3 million assertion that al-Qaida has reconsti- BILL HIGHLIGHTS above the President’s request and the same tuted itself in Pakistan with the goal The legislation significantly increases re- level enacted in Fiscal Year 2008. At the of striking America, the President sub- sources for border security, including: President’s request level, deployment of mitted—that is your President, my $775 million, as requested, for border fenc- screening technology would decrease by 64 President, our President, Madam Presi- ing and technology. Of these funds, $100 mil- percent compared to Fiscal Year 2008. The dent—the President submitted a flat lion is made available immediately, $40 mil- bill’s increase will allow TSA to accelerate budget proposal for the Department of lion is directed toward Northern border secu- the purchase of technologies that can pro- rity, and $30 million is for interoperable vide significant improvements in threat de- Homeland Security. communications grants for communities tection at passenger checkpoints. The President—your President, my along the border. $400 million is withheld The bill provides $122.8 million for air President, our President—proposed from obligation until the Department sub- cargo security, $18 million above the Presi- deep cuts—you hear that—the Presi- mits a detailed expenditure plan. It is ex- dent’s request and $49.8 million above the

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22522 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 Fiscal Year 2008 enacted level. The bill’s in- ing of Area Contingency Plans; to increase I also wish to associate some of my crease will allow TSA to expand technology maritime casualty investigations; to in- words with the Senator from Mis- pilots that evaluate the effectiveness of air crease armed boat escorts and security sissippi on terms of process. We have a cargo screening and to audit indirect air car- boardings; and to increase terminal inspec- tremendous amount of money—$643 bil- riers, shippers, and distribution centers par- tions of Certain Dangerous Cargoes trans- ticipating in the certified shipper program. port and delivery. lion—that this bill has. Here is the bill. The bill provides $1.1 billion within the The bill provides $4 million above the re- It is another one of those thick bills we total appropriation provided to the TSA for quest for cyber crimes investigations by the are going to send over. There are going activities and requirements authorized by Secret Service and $1.7 million above the to have to be technical corrections—we the 9/11 Act, including $544 million for the President’s request for international inves- know that—in any big bill we do this procurement and installation of explosives tigations. way. But there is something fundamen- detection systems at airports; $122.8 million The bill provides $97.6 million for a new tally flawed, and it doesn’t have any- for air cargo security; $30 million to expand consolidated headquarters for the Depart- thing to do with the bill; it has to do Visible Intermodal Protection and Response ment of Homeland Security (DHS). DHS Teams; $390.7 million for specialized screen- headquarters facilities are currently located with the process. ing programs (travel document checkers, be- in approximately 40 locations and 70 build- We have an Appropriations Com- havior detection officers, bomb appraisal of- ings throughout the National Capital Re- mittee that does generally a very good ficers, and officers to randomly screen more gion. job on most of these items, but what airport and airline employees); $11.6 million The bill provides $904 million for FEMA we have done is excluded the whole for surface transportation inspectors; and $20 Management and Administration, $19 million body from their input into making de- million to implement regulations and other over the President’s request and $279 million cisions about some $640 billion worth of new activities authorized by the 9/11 Act. over FY 2008. For too long, FEMA was left to spending. As far as the discretionary wither on the vine. This investment con- The bill provides $819.5 million for the Fed- budget, it is about 65 percent of the eral Air Marshals (FAMs), $33.4 million tinues the restoration of needed resources above the President’s request and $49.9 mil- for an Agency that is vital to the prevention, total discretionary budget that we are lion above the Fiscal Year 2008 enacted level. preparedness, and response efforts of this Na- going to pass, and it is not going to The increase will allow FAMs to maintain tion as threats loom and disasters strike. have any input except for 29 Members current coverage on critical flights. Mr. BYRD. Madam President, I of this body—no input, no chance to The bill provides $108 million for Coast thank the very able, very distinguished change policy, no chance to put limita- Guard response boats, $44 million above the Senator, THAD COCHRAN, the ranking tions, no chance to truly do what request and $63 million above the Fiscal Year member, for his many notable con- should be done. We have to ask the 2008 enacted level. This funding will allow question: Why is that? Why is it that the Coast Guard to purchase 36 Response tributions to this legislation. Boat-Mediums (RB–Ms) in Fiscal Year 2009, I also thank our able majority and appropriations bills did not come 22 more than the President requested. The minority staff who worked together to through this body this year? I think RB–M is a critical Coast Guard asset that produce this legislation. Let me name the reason is, not because they didn’t will replace aging 41-foot Utility Boats ac- them: Charles Kieffer—let me say that really want people to try to improve quired in the early 1970s and serve as a plat- again—the inimitable Charles Kieffer, and perfect the legislation, it is that form for boardings, search and rescues, and Chip Walgren, Scott Nance, Drenan we didn’t want any votes that might port security. Recent studies have identified Dudley, Christa Thompson, Tad make some political party—one or the the lack of response boats as an impediment other, ours or the majority—to have a to fully implementing the Coast Guard’s Gallion, Rebecca Davies, Carol Cribbs, mission requirements. Arex Avanni, and Adam Morrison. political advantage through a vote. The bill provides $353.7 million for the Madam President, I yield the floor. I That is a very terrible way for this Coast Guard’s National Security Cutter thank all Senators. body to descend into politics instead of (NSC), the same amount as the President’s Mr. COCHRAN. Madam President, I policy. This bill contains tons of ear- request and $188 million above the Fiscal suggest the absence of a quorum and marks. Some are bright, some stink. Year 2008 enacted level. Of this amount, ask that the time be equally charged to Some, when the light of day is shone $346.6 million is for the production of NSC both sides. on them, the American people will ac- #4, and $7.1 million is for the structural ret- The PRESIDING OFFICER. Without tually gasp and say: Where was the rofit of NSC #1. The bill’s accompanying statement expresses concern with purported objection, it is so ordered. The clerk common sense? How in the world are cost increases above the requested level and will call the roll. my children paying for us spending requires the Coast Guard to provide the The assistant legislative clerk pro- money like this? Committees with detailed information on all ceeded to call the roll. I am concerned, not because of the reasons why there may be a nearly 50 per- Mr. COBURN. Madam President, I present crisis we have in front of us. I cent increase in the cost of this cutter. ask unanimous consent that the order think this body, by the time this week- The bill provides $30.3 million above the re- for the quorum call be rescinded. end is completed, will have addressed quest to re-activate USCGC Polar Star, a The PRESIDING OFFICER. Without that issue and started down the road. Coast Guard heavy polar icebreaker. Over 22 objection, it is so ordered. But what we are doing is treating a percent of the world’s energy supply is under Mr. COBURN. Madam President, I ap- the Arctic ice cap. Russian President Dmitry symptom of a disease Congress has, and Medvedev has stated that Russia should uni- preciate the unanimous consent re- that disease is lack of oversight to see laterally claim part of the Arctic, stepping quest that allows me to spend a little how we are spending the money, lack up the race for the disputed energy-rich re- bit of time on this bill. Before I get of metrics to be able to measure the ef- gion. Russia has a fleet of 20 heavy ice- into the bill, I wish to answer the most fectiveness of programs. We are highly breakers and is nearing completion of the senior Senator we have in terms of the resistant to holding administrative first of their newest fleet of nuclear-powered President’s request for flatlining a lot agencies accountable, and we are re- icebreakers in an effort to control energy ex- of DHS. stricting the ability of individual Sen- ploration and maritime trade in the region. I happen to be on the Homeland Se- Thanks to the Bush Administration, the ators to offer positions for the body to United States has only one functioning curity Committee, and I can tell you, consider. Not that they may be won, heavy polar icebreaker. These funds will outside the Pentagon, there is no agen- but that the whole country loses when allow the Coast Guard to reactivate the cy in the Government that has more we don’t have the debate. Polar Star to extend its service life 7 to 10 ad- waste, fraud, and abuse than the De- There are many egregious earmarks ditional years. The Navy and the Air Force partment of Homeland Security. Any that are in this bill, and I will tell you call our need for polar icebreaking capabili- business manager or any family could I think our appropriations process this ties ‘‘an essential instrument of U.S. policy’’ quickly see that you could easily year is broken, that it doesn’t serve in the region. flatline it and make it much more effi- the country well. There is no question The bill provides $23.5 million above the re- quest for Coast Guard port and maritime cient and do a good job for the tax- we need to fund the agencies, but what safety and security enhancements. Funds are payers. So the motivation by flatlining we are doing is we are taking three provided for additional watchstanders, boats, is to try to generate some efficiency in agencies and we are funding them—we and marine inspection staff; to conduct test- the Department of Homeland Security. will not allow amendments or allow

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22523 the body to work—but the rest of the countability Office, the various inspec- and special loan facilities this year is agencies will run in a status quo until tors general, the Congressional Re- more than $900 billion, not including March 6. Now, let me give you an ex- search Service, and the Congressional the proposed $700 billion rescue of the ample of why that is bad. Budget Office can specifically lay out financial markets in the Paulson plan. I had the good pleasure of meeting for the American people at least $300 Already this year, the Federal Gov- with a couple of Oklahomans who hap- billion a year of spending that is either ernment has taken drastic steps to sta- pened to be traveling back here last pure waste, fraud or total duplication. bilize the economy, all using taxpayer Monday. They happen to work for the At a time when we are going to have a dollar. While several of these amounts weather service. They are both acquisi- $600 billion accounting deficit—because may be fully repaid to taxpayer, they tion officers for the weather service, you have to add what we are stealing involve huge liabilities and expendi- and here is what happened to them last from Social Security to what we spend tures: year—and it is going to happen again to get what our real deficit is—does it $200 billion was authorized for use in this year. They are going to get their make any sense that we would con- rescuing Fannie Mae and Freddie Mac. final numbers sometime in late March. tinue to have $300 billion worth of The Treasury will inject up to $100 bil- We will pass the information on for waste, fraud or abuse and duplication lion into each institution by pur- them as to what they are allowed to in these bills? There is not one attempt chasing preferred took to shore up spend. They will have less than 3 in this bill to eliminate that. Not one. their capital as needed; months to contract and acquire every- Not one. $300 billion for the Federal Housing thing for 12 months. They are telling So as you think about your quarterly Administration to refinance failing me it is impossible for them to do a tax payments or you think about your mortgages into new reduced-principal good job; that there is no way they can paycheck stub and the taxes taken loans with a Federal guarantee; be frugal, efficient, and get great value from you, your income tax and esti- $4 billion in HUD grants to banks to for the American public the way we are mated payments, and you think about help hem buy and repair homes aban- running the appropriations process. what we are not doing, you ought to be doned due to mortgage foreclosures; Now, that has nothing to do with my awfully dissatisfied as an American $85 billion loan from the Fed for AIG, colleague from Mississippi. His desire taxpayer. We have failed the test. We which would give the Federal Govern- would have been to bring these bills to have failed the test. Why it is impor- ment a 79.9 percent stake and avoid a the floor, have them amended, have tant is because what we have done is bankruptcy filing for the embattled in- them voted on, and send them to the mortgaged the future hopes, freedom, surer; House. But a leadership decision was and prosperity of our children and our At least $87 billion in repayments to made that we could not do that. grandchildren. JPMorgan Chase & Co. for providing fi- Now, I want you to multiply these I am disappointed, to say the least, nancing to underpin trades with units two gentlemen who were acquisition with the process. But I am more dis- of bankrupt investment bank Lehman specialists in the weather service, mul- appointed in the fact that we are going Brothers; tiply that across the whole Govern- to earn a reputation that we have not $29 billion in financing from the Fed ment, and what we have done is we done our jobs. for JPMorgan Chase’s Government-bro- have squeezed, into a 3-month period of Serious concerns with the economy kered buyout of Bear Stearns & Co. in time, acquisitions that normally take 6 should turn the attention of Congress March; to 9 months to do properly and effi- away from parochial interests toward At least $200 billion of currently out- ciently and in a frugal way for the national interests. standing loans to banks issued through American taxpayers. Consequently, we Congress has focused on parochial in- the Federal Reserve’s Term Auction are going to waste another 10 or 15 per- terests for far too long, spending more Facility, which was recently expanded cent of the money in these appropria- time securing earmarks than doing the to allow for longer loans of 84 days tions bills. business of the American people. alongside the previous 28–day credits; Then, when it comes to the end of the Our Nation faces an economic chal- Starting last year, Social Security year, if any money is left over, here is lenge today equal to any challenge we and Medicare projected expenditures what they told me they have to do. have previously faced and now requires exceed revenues. Over the next 75 They have to spend the money to make our full attention. years, this will cost $41 trillion in sure the Appropriations Committee The following snapshot of our econ- present value terms. Of that amount, will give them the money next year, omy should impress upon everyone the $34 trillion is related to Medicare and even though they had trouble spending seriousness of the job ahead. $7 trillion to Social Security. By one the money this year because we put a The national debt currently stands at account, the current unfunded liabil- time constraint on them. over $9.58 trillion, the largest in world ities of Medicare and Social Security None of us would run our businesses, history. are above $100 trillion. none of us would run our families that This year’s deficit, in real accounting If we think that the current eco- way. Yet we are telling the rest of the terms, stands above $600 billion. nomic troubles are a concern, wait Federal Government—great employees This year alone, taxpayers will spend until the bill comes due for all of the whom we have—to do something that more than $230 billion just to pay the reckless spending Congress is engaging is impossible to do in an efficient and interest on the national debt. in today. orderly manner. Since 2006, gas has risen from $2.24 Members should focus like a laser on There are a lot of things that have per gallon to nearly $4 a gallon. these issues rather than concentrate happened in the last 2 years in the way More Americans are out of work; the their efforts on political games and this Senate is run. I believe most of unemployment rate has increased from earmarks. them were for political reasons. They 4.9 percent in January to 6.1 percent in Instead of doing any of this, Congress were not intended to hurt the policy, August. is now planning to ram through an ir- but nevertheless the policy is tremen- In 2008, over 600,000 jobs have been responsible continuing resolution to dously damaged. It is my hope that lost. keep the Government operating during come January, when we have a new According to USDA projections, the fiscal year 2009. leader in the White House, no matter Consumer Price Index—CPI—for all None of these issues are addressed in who it is, he will recognize the severity food is forecast to increase 4.5 to 5.5 the bill but only compound the prob- of the appropriations process and its percent in 2008. For example, since 2006 lems. Congress seems to have not impact on waste in this country. the price of milk has increased ap- learned its lesson. As I frequently do, I wish to raise proximately 16 percent. The appropriations process is broken again to the American public and this According to Reuters news service, and excludes Members from consid- body the fact that the Government Ac- the total tab for government rescues ering serious issues.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22524 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 The Senate is preparing to vote on an tracted by making sure that their ear- the research into squirrel hibernation appropriations bill that will cost $634 marks and pork-barrel projects are in will one day help wounded soldiers in billion, which will include funds for all the CR. the battlefield. of our national security agencies, dis- The CR has been loaded down with According to Ms. Stewart, the uni- aster relief, and a continuing resolu- billions of dollars in wasteful ear- versity is well equipped to do the work. tion for the 2009 fiscal year. Yet the marks. She insists: ‘‘We have a number of text of the bill only came available Despite having had only 11⁄2 days to ground squirrels that are in various late on Tuesday night, with no one look over the bill, it is plain that there stages of hibernation in Fairbanks.’’ having seen a word of it except for a are a large number of highly question- And $800,000 for the Columbia College few Democratic staff and Members in able earmarks set to receive funding in Chicago Construct Program—Senator the House. Further still, a joint explan- 2009. DICK DURBIN. Columbia College claims atory statement was released yester- In just the three appropriations bills to be the ‘‘Nation’s largest private arts day afternoon. for the Department of Defense, the De- and media school in the Nation.’’ It of- This must be what the House Appro- partment of Homeland Security, and fers a wide selection of coursework in priations Committee chairman meant the Department of Veterans Affairs/ audio arts, dance, film, journalism, po- when he said that the continuing reso- Military Construction, there are 2,627 etry, and radio. According to the lution would be drafted in ‘‘secret.’’ earmarks worth $16.1 billion. school’s annual report, it received $2.7 The following is an excerpt from an This means that without even fund- million in Federal grants during 2007 article yesterday in Bloomberg News. ing the remaining nine appropriations from the Department of Education, The plan outlined by Obey would give Re- bills, Congress has nearly reached the U.S. Army Research Laboratory, Cor- publicans less than 24 hours to scrutinize dollar value of all earmarks in fiscal poration for National and Community legislation spending more than $600 billion year 2008. Service, the National Endowment for on the Defense, homeland security and vet- According to Citizens Against Gov- the Arts, and the Department of Health erans’ affairs agencies including thousands ernment Waste, there were 11,620 ear- of pet projects known as earmarks. and Human Services. Asked if the process has been secretive, marks worth $17.2 billion for all 12 ap- Since 2000, Columbia College Chicago Obey said: ‘‘You’re d**n right it has because propriations bills in 2008. has received over $275 million in if it’s done in the public it would never get In fiscal year 2008, the average dollar grants, cooperative agreements, and di- done.’’ He said he wanted to avoid his col- amount of each earmark was $1.48 mil- rect payments from the Federal Gov- leagues’ ‘‘pontificating’’ on the content of lion. ernment. the legislation, saying ‘‘that’s what politi- In the continuing resolution before And $800,000 for Partnership in Inno- cians do when this stuff is done in full view the Senate, the average dollar amount vative Preparation for Educators and of the press.’’ He said ‘‘we’ve done this the old fashioned way by brokering agreements for each earmark is $6.1 million— more Students and the Space Education Con- in order to get things done and I make no than five times higher. sortium—Senator WAYNE ALLARD and apology for it.’’ Every dollar that goes to an earmark Senator KEN SALAZAR. The Space Edu- It is easy to understand why the in this bill is a dollar that will not go cation Consortium was created by the House Appropriations Chairman would to important national security pro- Air Force in 2004 as a partnership with want to conduct his business in secret, grams at the Departments of Homeland the University of Colorado and others as one who received $51.5 million in Security and Defense. to promote science education for pro- earmarks for his district. What kind of projects are receiving fessionals as well as ‘‘getting space The one constitutional duty of the earmarked funds out our national secu- technology and curriculum infused Congress is to pass legislation funding rity agencies in 2009? throughout the U.S. education system the operations of Government, and yet $3.2 million for the High Altitude from kindergarten to post-graduate his duty has been entirely abandoned Airship—Senator SHERROD BROWN. work. by the majority. After spending millions to investigate ‘‘It is a chance to grow a cadre of Congress is now less than 1 week and develop a blimp-based platform for space professionals from the launch away from the beginning of fiscal year ICBM surveillance, the Missile Defense pad to the stars,’’ said Air Force Gen- 2009, and yet it has not passed one ap- Agency—MDA—cancelled the pro- eral Lance Lord, commander of the Air propriations bill. gram—called the High Altitude Air- Force Space Command. The only bill to receive a vote by ei- ship—due to myriad capability limita- A July 2008 report by the DOD In- ther body is the Military Construc- tions. spector General stated that this ear- tion—Veterans Affairs appropriations MDA did not request funding for the mark was not consistent with the de- bill that passed the House of Rep- program for 2008. However, $2.5 million partment’s mission ‘‘to provide the resentatives. in earmarks in the 2008 Defense appro- military forces needed to deter war and No appropriations bills have even priations bill revived the cancelled pro- to protect the security of our coun- been brought to the floor of the Senate gram, despite the fact that no one else try.’’ during the entire calendar year 2008 at the Pentagon had expressed interest. And 24.5 million for the National thus far—though the Senate is now ex- After shopping the program around, Drug Intelligence Center—Representa- pected to vote on three of the largest Lockheed Martin managed to pass the tive JOHN MURTHA. Every year, mil- bills having had 36 hours to review the program to Army Space and Missile lions of dollars for our national defense $634 billion in spending they contain. Defense Command, which will now are siphoned away from the military’s The appropriations process should begin investigating if there is any util- budget to pay for a single program ad- have begun long ago. It is unfair to ity for them with the program. ministered not by the Pentagon but by taxpayers when Congress chooses to The project has been based in Akron, the Department of Justice. pass large legislation in the dark of OH, funded by a $1 million earmark to- This funding is directed to the Na- night rather than debate them for all ward the program by Senator BROWN, tional Drug Intelligence Center— to see. who has a long record in opposition to NDIC—which the Department of Jus- Congress now finds itself considering missile defense. tice has asked Congress to shut down. major national security legislation in $2 million for Hibernation The former director of NDIC even one day under pressure of both a Gov- Genomics—Senator TED STEVENS. This confessed to U.S. News, ‘‘I recognized ernment shutdown and delay on an im- earmark would provide funding to the that a lot of [NDIC] reports were God- portant piece of economic legislation. University of Alaska for research into awful, poorly written, poorly re- Had the majority leader taken action the hibernation genomics of Alaskan searched, and, some cases, wrong.’’ earlier this year, Members would be ground squirrels. Another former director even admit- free to concentrate fully on the Treas- University of Alaska lobbyist, Mar- ted, ‘‘I’ve never come to terms with the ury proposal. Instead, they are dis- tha Stewart—no relation—claims that justification for the NDIC’’ and ‘‘the

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22525 bottom line was that we had to actu- today to the executive officials, to Sec- don’t have a bill, and we are talking ally search for a mission.’’ retary Paulson and Chairman about passage within the next couple According to an investigation by the Bernanke, and to the legislators who days. After you get a bill, you have Government Accountability Office, are involved in the negotiations on the hearings. There have been some hear- NDIC duplicates the activities of 19 economic proposal, with the suggestion ings, but not in the context of a spe- drug intelligence centers that already that extensive consideration be given cific bill. Then the proponents of the existed. to loans instead of purchasing the toxic legislation are asked to testify, and Since 1992, the center has received securities. there are people opposed to it or people over 500 million in federal funding. I think the model of AIG would be with other ideas who testify before the $15 million for Waterbury Industrial very appropriate to use as opposed to relevant committee—which would be Commons Redevelopment Initiative— the purchase of those toxic securities. the Banking Committee in this situa- Senator JOE LIEBERMAN and Represent- It will be very difficult to ascertain tion. They are subject to examination ative CHRIS MURPHY. According to Tax- what is fair value for those securities and cross-examination and pushed as payers for Common Sense, ‘‘This would when there is no market. But the AIG to exactly what they have in mind. clean up a decades old munitions fac- example was a good one, with the Gov- Then, after the hearing, or hearings, tory to be used as a city-owned indus- ernment securing a preferred position, are completed, there is committee ac- trial park. substantial interest rate, and excellent tion and what we call a markup, where The Fairfield Weekly reports that opportunities to get the money paid the committee goes over the proposed the State of Connecticut has turned back. legislation line by line and decides down requests to fund this project— I also urge the negotiators to give whether there should be changes and each year the Mayor of Waterbury consideration to the proposals by the then votes on the changes. The com- ‘‘makes the trip to Hartford seeking House Republicans on the so-called in- mittee then files a report. It is usually the money, and each year comes back surance fund. I believe all the options thick and complicated. It comes before empty handed.’’ ought to be weighed when we are deal- the Senate and we debate it and we Why should the American taxpayer ing with a matter of this magnitude. offer amendments. fund that which State of Connecticut When we deviate from the regular leg- The same thing happens in the will not provide funding? islative course, we are in a very dif- House. Finally, when each House has And $4 million to the Go For Broke ficult area. acted and there is passage of the bill National Education Center. This ear- As to the proposal of the $700 billion, proposed, it goes to conference, where mark is aptly named in light of the I believe we have not yet had a suffi- it is further refined and then is pre- fact that Congress is helping the Na- ciently specific description on that fig- sented to the President. The President tion ‘‘go broke.’’ ure. It is a gigantic figure, and the pub- takes an additional look at it to see if And $9.9 million for the U.S.S. Mis- lic response, understandably, is why he thinks it ought to be approved or if souri Memorial Asociation. Visitors and what are the causes for the prob- it ought to be rejected. can go aboard the battleship from lem. That is my view, too, as to why Well, that is a very lengthy process, World War II that survived the attack the figure has been advanced. There and I think we ought to be very careful on Pearl Harbor in Hawaii. has been no specification as to why we when we deviate from that process so While preserving the Nation’s history need that figure. we know what we are doing. Perhaps is important, this is not only some- On the proposals to advance part of it there is not time—well, there isn’t thing that could be funded privately, it initially, I think that is a good idea. I time to go through the exhaustive is not a priority at this time. don’t know that the figure has to be as process, which would take a consider- And $1.6 million for New Electronic much as $250 billion. There ought to be able period of time—but when we devi- Warfare Specialists Through Advanced justification for why that figure is se- ate from that process, we ought to be Research by Students Representative lected. And then the proposal for an ad- careful that we know what we are DAVID HOBSON. ditional $100 million, with the request doing and not set arbitrary time limits And $4.5 million for the 2010 Olympics of the President, I think is sound, to which are very brief. Coordination Center Senator PATTY have a procedure for staged install- I have taken a look at the Dow for MURRAY and Representative RICK ments. But even as to the President’s the intervening period between Friday, LARSEN. request, there ought to be some stand- September 19, and Friday September And $800,000 Pseudofoliculitis ards specified. 26—yesterday. When the proposals were Barbae—PFB—Topical Treatment— Then, as to the balance of the $350 made over the last weekend, there was this goes to ISW Group in St. Louis, billion, or whatever sum that is, we an urging of Congress to act before the MO—Senator KIT BOND. have to be careful that we do not vio- 26th, which was our scheduled date for There is $10 million for the Intrepid late the holding of the U.S. Supreme adjournment. Then we thought: Well, Museum Foundation. Court in INS v. Chadha, where there maybe Saturday or Sunday or maybe And $4 million for the Nimitz Center. was an effort to have legislative refusal Monday morning. Next week we have And $1.2 million for the Center for of certain executive action by the At- the Jewish holidays, and Yom Kippur Nonproliferation Studies, Monterey In- torney General, the Supreme Court in the week that follows. But on the stitute for International Affairs—Rep- said where there is deviation, you have Dow, which closed at 11,388 on Friday, resentative BERMAN. to follow the regular legislative proc- September 19, it declined 2.15 percent And $10 million for the New Mexico ess—passage by both Houses and ap- over a week to close at 11,143 on Sep- State University Institute for Defense proved by the President. So we are in a tember 26. By measuring from Sep- and Public Policy——Senator JEFF very complex legal area, which I urge tember 19, on September 22 it was down BINGAMAN. the negotiators to study carefully be- 3.27 percent; on the 23rd, it was down I yield the floor. fore coming to any judgment. When 1.47 percent; on the 24th, it was down The PRESIDING OFFICER. The Sen- regular order is not followed, we are on .27 percent; on the 25th, it was up 1.82 ator from Pennsylvania is recognized. thin ice. percent; and on the 26th, it was up 1.1 Mr. SPECTER. Madam President, I The executive branch negotiators, percent. So the net figure was down ask unanimous consent to speak for 5 Secretary Paulson and Chairman 2.15 percent. minutes. Bernanke, would not have any reason We would rather see the Dow go up, The PRESIDING OFFICER. Without to know the intricacies of the legisla- but that is not a precipitant decline. It objection, it is so ordered. tive process, but they have served our is my sense that the market—Wall Mr. SPECTER. Madam President, I country very well for more than 200 Street, that entity which calibrates have sought recognition to comment years. As we all know, it starts with a the market—would understand it takes briefly on a letter which I am sending bill, a bill we can read. Well, we still some additional time. As long as they

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Dur- move as promptly as we can, but I do September 21, be printed in the ing this time, there was no major deviation believe it is not a matter which has to RECORD. from September 19th: 9/22—down 3.27%; 9/23— be done yesterday or tomorrow. We There being no objection, the mate- down 1.47%; 9/24—down .27%; 9/25—up 1.82%; rial was ordered to be printed in the 9/26—up 1.1%. It is noteworthy that the mar- have to do it promptly and show that ket ended on a positive note at the end of e we acknowledge the problem. RECORD as follows: week, even though Congress had not passed There is a consensus, with very few SEPTEMBER 27, 2008. legislation. dissenters, that something needs to be Secretary of the Treasury HENRY PAULSON, I urge time for due deliberation because of done and something very substantial. Chairman of the Federal Reserve BEN the risks when we do not follow regular Our actions need to be very thought- BERNANKE, order. For those who are not acquainted with Speaker of the House NANCY PELOSI, ful and very careful. We also need to the details of the legislative process, there House Republican Leader JOHN BOEHNER, should be a focus on the institutions of Con- assure the American people that our Senate Majority Leader HARRY REID, gress which have served this nation so well actions are thoughtful. Senator CASEY Senate Republican Leader MITCH MCCON- for more than 200 years. The legislative proc- and I had an open forum on Pennsyl- NELL, ess begins, as we all know, with the intro- vania Cable Network on Tuesday, Chairman CHRISTOPHER DODD, duction of a bill. As yet, we do not have in where we had call-ins, and the tem- Ranking Member RICHARD SHELBY, writing the traditional starting point, a bill perature out there is 212 degrees Fahr- Chairman KENT CONRAD, which we can study and analyze. Next there enheit or higher. It is boiling. We have Ranking Member JUDD GREGG, are hearings on the bill with testimony from Chairman BARNEY FRANK, its proponents. Then the committee of juris- a responsibility in the Congress to Ranking Member SPENCER BACHUS, diction listens to opponents or those with make judgments and we listen to our Senator BOB BENNETT. other ideas and all the witnesses are subject constituents but, in a representative GENTLEMEN AND SPEAKER PELOSI: I write to questioning, really cross examination, by democracy, as Edmund Burke said sev- with some suggestions on the prospective members of the committee. eral hundred years ago, it is our re- legislation to deal with the economic crisis Then the committee sits in what is called sponsibility to exercise our best judg- and to urge you to take the time necessary a markup going over the proposed legislation to give appropriate consideration to it with- line by line with votes on suggested changes. ment. A committee report is then filed and the The intervening days have given us out rushing to judgment. In the past week, I, like many members, have been reaching out measure is called for floor action in each an opportunity to see the issue per- to economists and other experts and have house with debate and opportunity for colate in the country, where people had suggestions coming in from economists amendments. The bills passed by each house consider it, where there are talk shows and other experts, as well as listening to the are then subjected to a conference where fur- and radio and television and op-ed suggestions made by other members of Con- ther refinement is made before the legisla- pieces, and we get to digest it and sleep gress. tion is presented to the president. When we depart from regular order, we are on it for a few days, which is a very I urge you to consider lending federal funds with senior security as opposed to having the on very risky ground. I am not suggesting healthy thing. that this full time-consuming process legis- I heard a suggestion from the former federal government buy toxic securities. The AIG model could be used. The obvious dif- lative be followed; but we should take great Speaker of the House, Newt Gingrich, ficulty for the federal government to go into care in the consideration of this legislation that whatever the proposal is, it ought the market to buy toxic securities is the dif- to compensate as much as possible for the to be on the Internet for 24 hours. ficulty in assessing realistic value in the ab- departure from regular order. I pass on, for your consideration, an idea Maybe that is not quite long enough, sence of a market. With a lending approach, proposed by former Speaker of the House the government is likely to be able to have but it is projected that in 24 hours you Newt Gingrich who suggests that the final lesser expenditures with a better chance of would have thousands of responses, or proposal be put on the internet for 24 hours. repayment. I further urge a real consider- perhaps millions of responses the way Speaker Gingrich suggests, and I concur, ation to the proposals made by House Repub- the Internet is watched. That would that such a proposal would be read by thou- licans for an industry-financed insurance sands if not millions of people who could put us on guard that something has not program for mortgages which are in default. then inform the Congress of provisions which been slipped in. These bills turn out to As to the overall figure of $700 billion, Con- are so often slipped into legislation unbe- be very voluminous. It started off as a gress should have a detailed explanation as knownst to the members and further give us 3-page memorandum; now it is more to how at which that figure was arrived and appraisals of unintended consequences. than 100 pages. America could provide the necessity for such a large sum. I favor As already noted, I wrote to Secretary us with some good ideas so that we are the proposal to have the federal funds ad- Paulson and Chairman Bernanke by letter alerted to something being slipped in vanced in installments. Consideration should dated September 23, 2008 (copies enclosed for that we can’t rectify after the fact, or be given to having the first installment less the additional addressees), not yet answered, than the $250 billion as currently proposed. which raises questions which I would like to alert us to some unintended con- On additional installments, it is a good idea sequences. have responded to before I am called upon to to require a presidential certification with vote. In conclusion, it is my hope the Con- the legislation specifying standards which We have a duty to the American people to gress will act in a way which will be ef- the President should use. act responsibly to address the problem, pro- fective, after we have given the entire On the stipulation to give Congress to the tect the taxpayers, and take every measure matter appropriate consideration and option to object to the final $350 billion, care to ensure that this does not happen again. consider views beyond those expressed must be exercised not run afoul of the Su- Thank you for your consideration of these by Secretary Paulson and Chairman preme Court decision in INS v. Chadha which suggestions. requires following regular legislative process Bernanke. There has been some signifi- Sincerely, with passage by both houses and presi action ARLEN SPECTER. cant movement, movement toward and perhaps inferentially legislative condi- oversight, not allowing the people who tions. U.S. SENATE, have gotten us into this mess to prof- In a letter dated September 21, 2008 I wrote COMMITTEE ON THE JUDICIARY, it—the golden parachutes, et cetera. to Majority McConnell urging that we not Washington, DC, September 23, 2008. But we are on the road to acting. I rush to judgment. Many have argued that HENRY M. PAULSON, Jr., think we have to do it in an appro- the situation is so dire that there must be Secretary of the Treasury, Department of the immediate Congressional action in order to Treasury, Washington, DC. priate timeframe. avoid a cataclysmic result in the market. My I ask unanimous consent that the BEN S. BERNANKE, view, as expressed in my letter to Secretary Chairman of the Board of Governors, Federal letter I am sending to the executive Paulson and Chairman Bernanke on Sep- Reserve System, Washington, DC. branch, those involved in the negotia- tember 23, 2008, is practicable to enact a seri- DEAR SECRETARY PAULSON AND CHAIRMAN tions, be printed in the RECORD; in ad- ous, substantial program since there is a BERNANKE: I write to you because I am in the

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22527 process of deciding how to vote on legisla- U.S. SENATE, tion we will be voting on today in- tion to deal with the economic crisis. I agree Washington, DC, September 21, 2008. cludes a huge victory for the American that there is need for federal action; but I Senator HARRY REID, people because the moratorium on oil am concerned that we not rush to judgment Majority Leader, U.S. Senate, and gas leasing on most of the Outer without giving sufficient attention to the Washington, DC. many complex issues which are involved. Senator MITCH MCCONNELL, Continental Shelf and on oil shale leas- At the outset, the, or a, precipitating Minority Leader, U.S. Senate, ing on Federal lands will expire. cause was the fact that hundreds of thou- Washington, DC. Many thought this was a law that we sands of people, perhaps as many as five mil- DEAR HARRY AND MITCH: As you project the couldn’t change, but the fact is this lion, faced an inability to make their mort- Senate’s schedule, I urge that we not rush to was a year-to-year rider on spending gage payments and eviction from their judgment and take whatever time is nec- bills that had to be included every year homes. These mortgages were ‘‘securitized,’’ essary on any proposed legislation to deal or it would expire. But because Ameri- divided up and sold in packages to many peo- with the nation’s economic problems. The cans got engaged in this whole idea of public, our constituents, have a great deal of ple or entities. As a result, it was not always making October 1 Energy Freedom clear who had the authority to adjust these skepticism, which I share, about legislation mortgages, and when it was clear, adjust- which will let Wall Street ‘‘off the hook’’ and Day, our Democratic colleagues have ments were not made quickly enough. Last pay insufficient attention to Main Street, backed down and have not included an November, Senator Durbin introduced S. 2136 middle class Americans. extension of this moratorium in this and I introduced S. 2133 to give the bank- It is important to focus the legislation on year’s bill. ruptcy courts authority to revise home- the hundreds of thousands of homeowners So at midnight on October 1, 2008, be- owners’ financial obligations. Keeping people who are at risk of losing their residences to cause it is a start of a new fiscal year, foreclosure. in their homes should be a, if not the, funda- the current prohibitions on oil and gas mental object of congressional action. In deciding what additional powers to give to the federal regulators, I believe we should leasing on most of the Outer Conti- After assisting homeowners, a decision give careful consideration to not extending nental Shelf and on oil shale leasing on should then be made as to what additional those powers beyond the current crisis and Federal lands will expire. That is some- federal aid is necessary to unclog the lending steps to prevent a recurrence. thing to celebrate here in America. pipelines and restore confidence and stabilize I have read reports that some Wall Street the economy. I am very skeptical about Estimates from the Minerals Man- firms, whose conduct has created the crisis, agement Service and the Bureau of granting authority to spend $700 billion on will benefit from a congressional legislative other aid without standards as to who should fix. We should do our utmost to see to it that Land Management indicate there are get the funds and a requirement that there those responsible for the crisis bear the max- upwards of 18 billion barrels of recover- be demonstrated necessity that such addi- imum financial burden on any bailout in able crude oil on the currently off- tional expenditures are indispensable to sta- order to minimize the taxpayers’ exposure. limit areas of the Outer Continental bilizing the economy. There are reports that the bailout might Shelf, as well as more than 55 trillion Then there is the question of oversight and be extended to foreign firms with United cubic feet of natural gas. regulation. Obviously, there must be over- States affiliates. In my view, the legislation Estimates of American oil shale vary sight and some regulation to prevent a re- must be carefully tailored for United States’ widely but range from the hundreds of currence. As I see it, the regulation must be interests and if foreign firms, even if United calibrated to those objectives and not go too States affiliates are to be involved, then con- billions of barrels to trillions of barrels far. Vigorous enforcement of our laws to pre- sideration should given to appropriate con- of oil. Many believe we have more oil vent market manipulation, as well as added tributions from those foreign governments. in oil shale than Saudi Arabia has. transparency, should be a priority. I realize there is considerable pressure for Taking advantage of America’s re- I hear tremendous resentment from my the Congress to adjourn by the end of next sources will increase the worldwide constituents on this matter. In a free enter- week, but I think we must take the nec- supply of petroleum and bring down prise society, entrepreneurs may undertake essary time to conduct hearings, analyze the prices at the pump. The very access to whatever risks they choose to secure big Administration’s proposed legislation, and these resources will send powerful price profits, but when there are losses, they demonstrate to the American people that should not turn to the government for a bail- any response is thoughtful, thoroughly con- reduction signals to the futures mar- out which puts the burden on the taxpayers. sidered and appropriate. ket, providing immediate price relief, The firms/corporations and their executives Sincerely, even if the actual leasing does not com- who created the crisis should not profit from ARLEN SPECTER. mence for months. a federal bailout. If it is not already a part Mr. SPECTER. I suggest the absence Everyone is familiar with the crisis of your proposal, you should consider struc- of a quorum. on Wall Street. The coverage domi- turing the funding in a way that gives the The PRESIDING OFFICER. The nates every media outlet. But we also Government a preferred creditor position have a crisis on Main Street, where and a share in ultimate profits, rather than clerk will call the roll. simply buying up debt which has declined in The legislative clerk proceeded to people are paying outrageously high value. And any aid should be conditioned on call the roll. prices for gasoline and having to wait the elimination of golden parachutes or Mr. DEMINT. Madam President, I ask in long lines to fill up their cars. large compensation packages. unanimous consent the order for the Here are only a few headlines we are Also, I am concerned about reports that quorum call be rescinded. starting to get from newspapers. The foreign corporations, with a United States The PRESIDING OFFICER. Without Associated Press headline: ‘‘The South- affiliate, will participate in a federal bailout. objection, it is so ordered. The Senator east Shortage Squeezes Small Retail- If foreign corporations are to get funding, is recognized for 15 minutes. ers and One Gas Station Owner Says then foreign governments ought to bear Mr. DEMINT. Madam President, as It’s A Panic.’’ their fair share. we try to end the session today, I think CBS News reported in their headline I know there is concern that Congress I am looking for some silver lining in in North Carolina: ‘‘Gas Shortage must act promptly or the economy may de- all we are doing here, with the panic I teriorate further. It seems to me that Wall Leaves People Panicked.’’ Street should and would understand that leg- believe we here in Congress have cre- Washington Post, ‘‘Gas Shortage in islation on this complex matter requires ated in our markets and credit indus- the South Creates Panic and Long some time. If it is seen that Congress is mov- try and passing this conglomeration of Lines.’’ ing as swiftly as practicable, that ought to bills without adequate debate. There is It goes on and on. This is very real. stem the tide. But we can only do it as fast one silver lining for me that I think we This is not something we are manufac- as realistic to work through the legislative need to mention to the American peo- turing and it is a direct result of bad proposals and resolve these intricate issues. ple. A number of families are suffering policy here in Congress that has re- These are issues which come to my mind at for a lot of reasons, but one of the stricted the development of our own the moment and I am sure there will be more greatest is the high cost of gasoline in energy here in America. as the hearings progress and the debate oc- curs. I would appreciate your responses as this country—and now even shortages. Unfortunately, we are still having to promptly as possible. But because of the anger of the Amer- wait for a number of Members of Con- Sincerely, ican people, because of the e-mails that gress to allow this to proceed. It was ARLEN SPECTER. have come in, this continuing resolu- announced earlier this week that the

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22528 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 Democrats had given up on their ef- earmarks than we have ever seen in principles and guarantee that the Gov- forts to block energy exploration, and history. Most Americans are beginning ernment is not going to be a permanent America celebrated. But then not more to understand how this wastes their player in our financial markets. than 24 hours later we learned the ma- money and corrupts the process. Let Americans are angry. I hope they jority leader here was making plans to me mention a few of the earmarks that will stay angry because the more they rob Americans of this victory by ex- are in this bill. call and e-mail, the more we can get tending the ban on oil shale. Fortu- There is $44 million for the National things done here that are right for nately, that effort was defeated yester- Drug Intelligence Center in JOHN MUR- American people. We stopped their am- day. Now media reports indicate that THA’s district, a project the Defense nesty bill, we have stopped the morato- Democrats also have a plan to delay Department has said repeatedly it does rium on drilling, and we have gotten any offshore drilling using environ- not want or need. But every year it their attention on this bailout. Now mental lawsuits until after the Novem- comes back because it is in a Congress- they are listening to some of the better ber elections, when the Democrats can man’s district. solutions that have been brought up. reinstate the ban on deep sea energy There is $1.75 million for a heritage So I thank the American people for exploration. center that Speaker NANCY PELOSI put being engaged. Because of their action, In fact, House Majority Leader in for a museum that is negligible—it we have a chance now to make some HOYER told cnnnews.com on Wednesday has no value to the men and women in major changes here in Congress. that restoring the ban on new offshore uniform. I yield the floor. oil drilling leases will be a top priority There is $1.28 million for a Navy mu- The PRESIDING OFFICER (Mr. for discussion next year. If the Demo- seum included by Congressman DICKS. WHITEHOUSE.) The Senator from Ala- crats retain control of Congress, he The military doesn’t need another mu- bama is recognized. said, I am sure it will be a top priority seum, they need the tools to fight the Mr. SESSIONS. Mr. President, I for discussion next year. war. If we had billions of extra money thank Senator DEMINT for his prin- This is outrageous. The American sitting around, maybe we could talk cipled leadership and his willingness to people will not tolerate it. That is why about these extravagances, but when talk about some difficult issues. I want I have written a bill that is called the we are going into more and more debt, to talk about some of those today. I absolutely believe the question of Drill Now Act, which will guarantee hundreds of billions of dollars a year, it energy is a major contributing factor access to offshore and oil shale re- makes absolutely no sense to be includ- serves. It will expedite the leasing and to the fundamental difficulties we are ing over 2,000 earmarks, wasteful having in the economy today. We cal- production of these energy supplies and spending, in a bill that includes serious provide States with a 50–50 share of the culated—my staff—that the average military needs. American two-car family is paying $105 revenues with the Federal Government Americans are angry. They are hear- and prevent frivolous lawsuits from de- more per month today for gasoline ing we have to bail out Wall Street. than they were a year or so ago. This laying the will of the American people. They are angry at wasteful spending This is very simple and it is what is, in effect, a gas tax, and if a particu- and they have every right to be. When Americans want. I hope my colleagues larly onerous event occurred—and the Democrats took control, the Con- on the other side of the aisle will set today I heard that after the University gressional Budget Office projected an aside their desire to punish Americans of Alabama had a little football game $800 billion surplus between 2008 and for buying gas and side with the Amer- with Clemson University and pulled off 2017. But after 2 years of Democratic ican people. a victory, they were saying there was Yesterday I asked unanimous con- control, that same budget office now not enough gas for Alabamians to go to sent that we bring this bill up and pass projects a $2.6 trillion deficit over the Georgia to play the University of Geor- it, but it was objected to by the major- same period. That is $3.4 trillion in de- gia football team today. Well, they ity leader. We will continue this effort, terioration of our budget situation. As would have walked over there, if nec- to try to pass this bill that will expe- I said, even worse; wasteful spending essary. It would have been an exciting dite energy production in our country. and secret earmarks are back in full game. I wish to mention a few things we force. But there is a problem out there, and will be voting on in an hour because Americans have seen, over the last it has been unaddressed by this Con- this is, frankly, an embarrassment in a couple of years, this Congress do things gress. So we are now in the closing time we are running around here like and attempt to do things that they days of the 110th Congress. Although Chicken Little saying ‘‘ the sky is fall- know are bad for our country. They some work may be completed, it ap- ing.’’ The credit markets are seizing saw a massive amnesty bill for illegal pears that we are soon—in a matter of up—this has been a self-fulfilling immigrants come through, but we were hours—going to adjourn. prophecy. We have created a crisis in able to stop it because of the anger of I would note that today is September our country. But while we are talking the American people. They have seen 27, 2008. The Senate has been in session about a financial crisis and an eco- this Congress for years stop the devel- for 148 days this year. There are 96 days nomic crisis all around America and opment of our own resources, our own left on the calendar, but on September the world, it is business as usual here energy, and now prices are through the 30 the fiscal year ends. October 1 is a in the Senate. When the Democrats roof and shortages are occurring. new fiscal year, and the fundamental took control 2 years ago, they prom- But the anger of the American people responsibility of the Congress and the ised we would end this wasteful spend- is beginning to get the attention of Senate is to authorize and appropriate ing and cut earmarks dramatically, but Congress. We have stopped this mora- the moneys necessary to run this Gov- the continuing resolution we are vot- torium, and we are making progress. ernment. We are within days—a couple ing on today goes right back to where Now we are talking about this massive or 3 days—of that deadline arriving. We we were, and worse. This bill includes bailout of Wall Street that was caused have yet to do it. So what we will be $16.1 billion in earmarks—that is bil- by bad policy here in Congress that we seeing here is a very unfortunate event lion. There are over 2,620 earmarks in still refuse to change. where everything will be completed in this bill. For all the appropriations While this bailout may be necessary a matter of a few hours. bills last year, there were less than for reasons we have caused here in Con- They are saying that this is an elec- that, and this only includes three. gress, we need to do it in a way that tion year and we need to get out of There is more porkbarrel spending protects the taxpayer and includes Washington and go home and cam- today than we did all of last year, at a some free market principles. We need paign. I understand that. People do time when we are saying the country is to do some things that actually solve need to see their candidates, and cer- running out of money. the problems that caused what we are tainly campaigns are important to At this rate, for these three bills, the dealing with today. We need to do some America. They help the electorate be- 2009 fiscal year budgets will see more things that support some free market come more knowledgeable and select

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I think we do have a problem signed to avoid the committee process tually cast votes and to be held ac- with the economy, and this Congress traditionally available in the Senate. countable for what it does. How much needs to act and we need to act quick- And they use small groups of Sen- more time would it take? I do not ly, so certain normal processes will ators—I have taken to calling them think a lot. But we certainly would not have to be truncated. We have some masters of the universe—to negotiate hurt the Republic doing that. In my good people who are focused on that. deals behind closed doors and deposit opinion, this Congress and this Senate But it is a closely held deal, very few that bill on the floor of the Senate are failing the American people. people meeting in private meetings, with the idea that: It has to be passed. Senators and their staff are already unavailable to the public, writing the We are going to recess. We have no scurrying around the Capitol trying to legislation that will dispense with $700 time to discuss and debate and vote. tie up the loose ends to justify a depar- billion. In truth, I do believe and hope Mr. President, I would ask that I be ture. Members also will soon hit the and pray that even though we are ex- notified when 20 minutes has passed. trail, making the case for why the peo- posed for $700 billion, we will not actu- The PRESIDING OFFICER. Without ple should send them back here. It ally, as a government, take that big a objection, it is so ordered. might be a tough case to make for hit. I think there will be a recoupment. Mr. SESSIONS. I think this is bad for some of us. I am up this time. I am cer- I certainly hope and pray it will be re- America. It is a bipartisan bad thing. It tainly working, and have been for some couped. was not good when Republicans were weeks, trying to discuss with the peo- So these are three extraordinarily doing it, and it is not good now that ple of my State the issues they think important pieces of legislation, each of the Democrats have carried it even fur- are important and how I hope to ad- which is being moved through Congress ther. dress some of those. in the closing hours of the session with This Congress is no longer serving in A recent Fox News poll reports that virtually no public, open debate. I sug- its traditional role of protecting and only 17 percent of the American people gest it raises questions about the his- allowing the American people to see approves of the way Congress does toric purposes of the Senate. None of the issues before them, to be the saucer business. That is a really distressing the three bills have been subject to the that allows the debating issues to be number, 17 percent. It may be the low- traditional legislative process. cooled and debated. I worry about it. est we have ever had. It means that 8 We only received the continuing reso- There was a time when, if you look out of every 10 Americans are unhappy lution from the House last night. It is back at debates, according to a gen- with the Congress. And if the American 344 pages involving hundreds and hun- tleman from Harvard who studied this, people really knew how this great her- dreds of billions of dollars. How is it the debates focused on what was in the itage of debate, amendments, and dis- possible that we could fully understand long-term interests of the country, and cussions that this Senate has, how that its impact before we vote today? people debated that and they said: has been eroded, I think they perhaps I have been a Member of this Senate Well, if we give money to people who might be even more unhappy with us. While it is typical that the last week for 12 years. There was one thing that invested recklessly or people who are of Congress is rushed and a lot hap- slowed down the trains. You know lazy and will not go to work, will we pens, and I understand that, I do not what it was—the sheriff, Senator JOHN not encourage reckless investment, or recall a time since I have been in the MCCAIN. He would come down here, to when we encourage people to stay Senate that we have rushed through so this chair right here—I have seen him home and draw a check? I mean, they many important issues in such a very do it—not for some political gimmick asked these kinds of questions and short time. Over these closing hours, but because he was concerned about they discussed them because what we the Senate will likely call up and vote this process—and he would object to do here has certain importance. But it on three major pieces of legislation, any UCs until he had a chance to read is too rare today. huge pieces of legislation. These huge the bill, and he would come down and The legislative process, I have to say, pieces of legislation will pass, I predict, highlight what he considered bogus and is broken. The congressional budget with no opportunity for amendments wasteful spending. He even opposed and spending process is broken. The and no real debate. some spending I put in those bills. But American people need to know what is First, we considered, without debate, that was healthy. But they wanted to happening and what is not happening a $56 billion new stimulus package. We pass those bills, the powers that be, here. did $150 billion earlier, sent out the without any debate, without anybody So in the spirit to reach the finish checks and that sort of thing. I have to reading them, just pass them. That is line, I am going take a few moments to say, I did not support it. It certainly not a healthy thing for the great Sen- highlight some items that I see as an has not gotten us out of the fix we are ate of the United States of America to example of the broken nature of the in, almost doubling the projected def- do. process. icit for this year, every penny of that Well, we have not seen a firm legisla- There is no better scorecard for how stimulus package—emergency spend- tive proposal regarding the bailout yet, a Congress operates than the tally of ing, on top of the debt—every penny in- but we are going to vote on it today, appropriations bills that are actually creasing the debt. And this stimulus tonight, tomorrow, Monday. The Sen- debated. There are 12 appropriations package, thank goodness, that was pro- ate has been called the world’s greatest bills we must pass each year. Tradi- posed by the Democratic leadership deliberative body, but if we are honest, tionally, each one is brought up and was defeated and did not pass, which we will have to admit we have fallen voted on, and each one of those bills would have added another $56 billion far from it. In fact, I think we are should be passed before October 1. They straight to the national debt. It in- standing on the cusp of the greatest fund certain parts of the Government. cluded a $7.5 billion bailout for auto- legislative failure of Senate leadership As of this minute, this day, on the eve mobile companies. But it has been put in my tenure here for sure. of our adjournment, this year’s legisla- back in the CR, even though it failed in The growing trend to procedurally, tive score on the 12 bills is zero, none, that package, and presumably will through manipulation and other ef- not one. This is the first time it has pass, as I will discuss. forts, limit free and open debate, to happened in my 12 years in the Senate, Second, we are considering a con- block the ability to improve legislation that Congress failed to pass a single tinuing resolution, with an omnibus through the technique of filling the stand-alone appropriations bill on

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22530 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 time. Failure to move individual bills happened that moved some money based on whether they are legitimate. is more and more a common thing. Re- around since it left the Armed Services Senator DEMINT mentioned some of publicans and Democrats have both Committee, of which I am a member. those earlier today. I will mention one. been guilty of this, but this year is the As a practical matter, there is no way, The LIHEAP legislation eligibility worst ever. I am told, I can get a vote from this was changed from 60 percent to 75 per- The congressional budget and spend- body to try to correct it. We either cent of a State’s median income for one ing process is broken. Since 1980, only take the bill, as the group of people to be eligible. That means more people three times has Congress enacted all who put it together approved it, or not. would be eligible to have the Govern- its appropriations bills, as they should, Let me move along and share this ment pay for their heating oil. It has by the start of the fiscal year, October thought with my colleagues. It is been said that this program would be 1. Only three times in 28 years have we something we have to do. I offer this as able to be accessed by people who have done our job on time. Mr. President, a bipartisan solution that I believe high electricity bills and heating bills, 138 continuing resolutions, however, would make a big difference. There is maybe in Arizona, Louisiana, and Ala- have been needed to keep the Govern- no single cure for what we are doing. It bama. But look at the $2.88 billion des- ment running. The reason for this is takes a determination by each of us ignated as emergency. Almost all of that any Government agency cannot that we want to do a better job of af- this is going to be earmarked in a way expend a dime that is not appropriated firming and defending and validating that it is going to go to the Northeast. by Congress. If we don’t appropriate the historical prerogatives and respon- So it is not fair, No. 1, and No. 2, I am money for the next fiscal year begin- sibilities of the Senate. not sure why people’s gas bills are not ning October 1, they cannot pay pay- Let me suggest that a biennial, 2- going to be paid. Why are we picking rolls. They cannot pay the light bill. year budget process would be a tremen- on that? They cannot do necessary things. The dous step in the right direction. It is One more thing about that: I think it Antideficiency Act says it is a crime good Government reform. Biennial, 2- is particularly odd that Members of the for them to spend money not appro- year budgeting has been supported by Northeast who oppose consistently priated by Congress, and it violates the the last four Presidents, Democrats drilling off our shores, who consist- Constitution. and Republicans. It has strong bipar- ently oppose natural gas pipelines, who These stopgap measures, these con- tisan support in this Congress. oppose nuclear power oftentimes, they tinuing resolutions, have been used as Some people know every time a bill are now demanding that the U.S. tax- a method to keep the Government passes—and they are skilled at it—they payers give them a subsidy so they can open. We can’t agree on the appropria- can stick something on it. They believe buy at below-market price dirty heat- tions bills, so we just continue funding if the bill isn’t passing but once every ing oil to heat their homes with. We at the present level without any real 2 years, they might have less oppor- hear we need to use more solar and review or priorities, and it avoids dis- tunity to stick some special interest geothermal and wind. Maybe we ought cussion and debate. The American peo- pork project on it. But whatever, we to give money for that if it is so won- ple should know a continuing resolu- would be doing 2-year budgets, and a derful. But this is an increase of a $2.8 tion represents, in truth: a failure of change from that would have benefits. billion emergency expenditure for Congress to get its job done. By eliminating the budget decision to LIHEAP. Also, over the past 12 budget cycles, every other year, Congress would have I think it is bad policy. In this crisis Congress has passed 10 big omnibus considerably more time to spend pass- of time and overspending and deficits I bills, averaging about seven or eight ing critical legislation such as this don’t believe another new $2.8 billion in bills each. They are put in massive bailout package, actually giving it emergency spending is good policy. I form, as we will see, hundreds of pages thought. Two-year budgets would allow don’t believe it is good for America. oftentimes, with just a few hours to de- more time for considering things such Sure, it is great if you have a check for bate and very limited ability to file as the energy crisis, for heaven’s sake. your heating oil. You would say: amendments. They have been rammed That is critical. It would also allow Thank you, Uncle Sam. But somebody through the Senate and the House in much better oversight of existing paid for that check. If not the tax- the last hours of a session. Now the wasteful programs that are not achiev- payers, our grandchildren. masters of the universe say: If we bring ing what they are supposed to. I would note, by the way, since we this bill up, people might actually offer Two-year budgeting would provide are already in deficit and this is emer- amendments, and they might ask us to Federal agencies such as the Depart- gency spending, every single dollar of change the Tax Code. Somebody might ment of Defense more time to complete that $2.8 billion increases the debt of want to raise or lower the capital gains their core missions. They are over here the United States. There is no money rate. We would have to vote on that. all the time, every year, trying to work to pay for it. There is lots of that kind We would be put on record as having to through congressional arguments and of thing in there. vote. We don’t want to go back home fusses over what DOD needs. I will not use the rest of my time to and have a voting record. We are going Process does drive policy. The cur- go through these kinds of matters, but to see if we can’t bring it up at the end rent budget process, the current appro- I will note that the automobile bailout of the session. priations process, is not working. It is that I thought we had defeated with Don’t think this is by chance. This is an embarrassment to the heritage of the second emergency supplemental is by design, to bring it up at the end of the Senate. Two-year budgeting will now back in the bill. It is going to pass, a session so there is little time for de- not solve all our spending problems, $7.5 billion to guarantee $25 billion in bate and discussion. Nobody can deny but it would be a positive step. I be- loans for automobile producers. We that. We know that, those of us who lieve this is a matter that would have to be careful about this. We have have been here. strengthen the Congress, our tradi- criticized the Europeans for subsidizing This year we are going to have both. tional role, improve the way we do loans for their industries. Now we are We will have an omnibus bill where business, and make our Government in this hog wild. It is going to be a some actual appropriations bills are better. problem maybe in violation of the WTO put together, and then we will have a Putting together in a CR the appro- agreements we have made. continuing resolution. We will vote on priations bills points out the need for The heritage of the Senate is indeed the Department of Defense bill rep- more oversight, more serious congres- a great one. We have been slipping in resenting $487 billion. That is a pretty sional action, including the fact that recent years away from full and open good chunk of money, not $700 billion there is over $16 billion worth of ear- debate. I see the Republican whip is but a lot of money. We will not have marks in the bill that were not really here, Senator KYL. He remembers amendments on that bill. I am not brought forward in a way that some- many of the 3-week debates on issues of happy with some of the things that body could pass them or reject them, importance in the day. That has gotten

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22531 less and less frequent as time has gone with great reluctance, the reason is suspect. Here is one, for example: $23 by. More and more power is asserted by that something has to be done to en- million for biomedical research at a fewer and fewer Members to move huge sure that our Government can operate, particular State university. Now, one pieces of legislation without debate. It the Government programs are funded. of the best biomedical research facili- is not good. Unfortunately, we have ourselves in ties is in the State of Arizona in Phoe- I urge my colleagues to consider a bind because the Senate has passed nix. I would love to have them be able what we can do about it. This year the not one single appropriations bill. to bid on that $23 million research train is on the track. I assume it is There are about 13 different appropria- grant. They would have a good chance going to be able to move forward and tions bills that we usually pass each of getting it because they are good. carry these bills through. That is what year to fund the Department of Edu- They do great work there. Why does I am hearing. That is what I hear the cation, the Department of Agriculture, this particular State university get the votes are. But I do think we need to the Department of Defense—all the dif- money instead? change this. We need to return to the ferent things that need to operate with There is a $2 million study of animal great heritage of the Senate. If it the Government—and we are supposed hibernation. Now, there may well be means we have to stay here for a week to have that done by the end of the fis- some scientific reason to understand and stay into the night so people can cal year, which is in a couple days. Be- why animals—I mean, I think I know come in and engage on how to fix the cause we have not passed a single ap- why they sleep over the winter, but energy crisis or how to create more li- propriations bill, we have to roll up ev- there has to be something about that quidity in the markets or what to do erything all into one giant bill and ei- that is important to some scientists. about the fundamental problems this ther take it or leave it. It is called the But do we need to add that to the na- continuing resolution. It continues to country faces—as USA Today said the tional debt or could it compete with fund the Government, in this case, for other day, three things: We are an other kinds of projects? That is the another roughly 6 months. There is no economy founded on excessive personal problem with this kind of bill: the take opportunity to amend it. It is a take- debt, excessive government debt, and a it or leave it. it-or-leave-it proposition, and it is massive trade deficit. We can move What you would like to do is estab- wrong. Because what happens is that around with a lot of things to try to lish priorities and say: All right, bills that could not possibly pass on help the financial markets not be maybe an animal hibernation study is their own are added to this must-pass a good thing, but is it so important we bottlenecked. But I am really worried legislation, putting us in this absolute need to add it to the national debt? if we don’t deal with those things such difficult political bind. The Hobson’s That is the question—no debate, no as energy independence, things of that choice: If you vote for it, you are say- amendment, take it or leave it. nature, the economy is not likely to ing yes to a broken system, to over There is $44 million for a drug center improve. 2,000 earmarks, to $34 billion in spend- for the military that it says it does not I yield the floor. ing that is added to the national debt need, but it is important for a par- The PRESIDING OFFICER. The Sen- above and beyond the budgeted amount ticular Member’s district. Once again, ator from Arizona. that otherwise is necessary to run the prioritize. Some of these things may be Mr. KYL. While the Senator from Government. So there is the pressure good, but how about if you had them Alabama is still on the Senate floor, it to vote for that. Yet there is no way for compete with other good things and is with no great pleasure that any of us us to take each of these items out and the best ones are funded and the ones opposes a continuing resolution. But I say we would have voted to amend that are not so good do not get added associate myself with his remarks. At them out of the bill if we would have to the national debt? some point you have to say enough is had a chance to do so, except to oppose There is a huge amount of money in enough. Unless people object to the the entire legislation. here for the so-called CDBG disaster process, it is not going to change. I Let me give you some illustrations of funds. Now, these are Community De- note that when I try to explain to my this. Because this is done on a take-it- velopment Block Grants, ordinarily constituents that is the way business is or-leave-it basis, I would have to vote considered to be long-term projects. In done in Washington. They say: Then against a bill which, first of all, funds fact, this CDBG funding is to provide try to stop it. the Department of Defense, which I assistance for long-term rebuilding of So while it is with great reluctance want to fund, and the homeland secu- communities, not emergency recovery. that we oppose a continuing resolution, rity and military construction efforts. We have emergency recovery money in I don’t know of any other way to make It funds border enforcement, which is here for various emergencies or disas- the point that this business as usual important for my State of Arizona, ters, and I do not object to that fund- has to stop than by voting no. So I ap- and, importantly, it removes the mora- ing. But why do we need to put in an preciate the remarks of my colleague torium on offshore drilling, which is a emergency supplemental that is not from Alabama. policy Republicans have pushed very paid for but is added to the Federal Mr. SESSIONS. Mr. President, if the hard to achieve. So those are good debt? This long-term spending money, Senator will yield? things in the bill that I wish to register it should not be in here. Mr. KYL. Yes. my support for. There is a total of $34 billion, as I Mr. SESSIONS. I thank him for mak- But am I forced to take all the other said, in this unfunded emergency ing that explicit point. It is sad that I things in order to register my support spending, about $16 billion, as I said, in feel I have to vote against the con- for these things? Here is what we are earmarks. Another one of the elements tinuing resolution. But the Senator is asked to swallow. According to the is about $7.5 billion for the so-called so right. You have seen this for a num- House Budget Committee, there are auto bailout loans. There is money to ber of years more than I. If we do not 2,627 congressional earmarks. They our big auto companies. Now, it may be begin to push back against this proc- total $16-plus billion. Now, my col- that you think our big auto companies ess—and I think we could make a dif- league, JOHN MCCAIN, has made it clear need a little help from us taxpayers. I ference if we fight—it is going to con- that if and when he is elected Presi- am not sure that is true. One of the tinue. So I thank the Senator for his dent, this process is going to stop. But reasons they say they need help is that leadership and his insight and his com- Senator SESSIONS and I wish to make the Government has put so many new mitment to reform in the great tradi- the point that it should stop now. We obligations on them for fuel efficiency tions of the Senate. do not need one last orgy of earmarks standards and other things that they Mr. KYL. I thank the Senator very before the reformers come to town and need to retool in order to pay for them. much. say: It is stopped. I am going to veto Maybe we should not have put those Mr. President, I, first, wish to ex- the legislation. obligations on them in the first place. plain a little bit of the process. When I Now, what of these earmarks? Well, But, in any event, there is something say we oppose a continuing resolution there are some very good projects, I eerily familiar about this loan. Do you

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22532 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 remember in our financial market Ms. LANDRIEU. Mr. President, I First, the provisions in the bill facili- problem we are working on over this have business to bring before the Sen- tate and update judicial operations. weekend, part of the issue is the fact ate, and I understand this will not For example, the bill would authorize that a lot of loans were issued to peo- count against my time. May I ask the realignments in the place of holding ple with almost no payments due for Presiding Officer? court in specified district courts. It several years. Low interest or no inter- The PRESIDING OFFICER. Without also would remove a ‘‘public drawing’’ est or no principal has to be paid, and objection, it is so ordered. requirement for the selection of names then all of a sudden people find out Ms. LANDRIEU. I thank the Chair. for jury wheels, which is now a func- after 5 years they have a big balloon f tion performed more efficiently by payment they have to make and they computers. These provisions would add JUDICIAL ADMINISTRATION AND cannot afford it. So you come in and convenience to the men and women— TECHNICAL AMENDMENTS ACT foreclose on the home. People criti- who as lawyers, litigants, and jurors— OF 2008 cized the mortgage brokers who en- appear before our Federal courts. ticed them into those kinds of loans. Ms. LANDRIEU. Mr. President, I ask Second, the bill contains provisions Guess what kind of a loan this is for unanimous consent that the Judiciary that would improve judicial resource the auto companies. No principal, no Committee be discharged from further management and strengthen the con- interest for 5 years. What happens after consideration of S. 3569, and the Senate stitutional protection of Americans’ 5 years? They are going to be back in proceed to its immediate consider- right to serve on juries. The bill would here saying: Thank you for the $25 bil- ation. make a juror eligible to receive a $10 lion that we have not had to pay inter- The PRESIDING OFFICER. Without supplemental fee after 10 days of trial est or principal on. We are going to objection, it is so ordered. service instead of 30 days. Juries serve have a hard time to pay that principal The clerk will report the bill by title. to vindicate the rights of all Ameri- and interest now. Could you give us an- The legislative clerk read as follows: cans, including the poor, the powerless, other hand? A bill (S. 3569) to make improvements in and the marginalized. I am glad this We are criticizing these folks who the operation and administration of the Fed- bill takes steps to ensure that eco- sold mortgages to people who could not eral courts, and for other purposes. nomic hardship will not be an obstacle afford them by having these no-inter- There being no objection, the Senate to an individual performing his or her est and no-principal payments. Yet proceeded to consider the bill. duty to serve on a jury. Equally impor- that is exactly what we are doing with Mr. LEAHY. Mr. President, today the tant, the bill takes important steps to these auto companies right now. Oh, Senate has passed the Judicial Admin- ensure that no American will be they are happy to have the money, I istration and Technical Amendments threatened or intimidated from exer- know. Act of 2008, a bill to provide important cising their right to serve on a jury. Then, we have $2.8 billion in emer- assistance to the men and women who Third, in the area of criminal justice, gency funds for LIHEAP. That is above comprise our Federal judiciary system. numerous provisions in the bill would the regular appropriation, which is I am pleased the Senate has given its also clarify existing law to better ful- about twice again as much. So it is unanimous support to this important fill Congress’s original intent or to over $5 billion. My colleague from Ala- legislation. make technical corrections. In par- bama said, there is one little problem I thank Senators SCHUMER and SES- ticular, I am glad the bill would explic- with this other than the fact it is a SIONS for moving this bill through the itly authorize the Director of Adminis- huge amount of money and not paid Senate. Four years ago, a similar bi- trative Office to provide goods and for, it is also very unfair. We come partisan measure I introduced never services to pretrial defendants and from States that are more in the South moved out of Committee in a Repub- clarify similar authority recently and in the West, and it is not a matter lican Congress. I am glad that, in a made available for postconviction of- of freezing winters, it is a matter of Democratic Congress, the bill we pass fenders through the Second Chance Act stifling hot summers. The reality is the today has not suffered a similar fate. I of 2007. Under current law, there is no fuel oil to fuel heat in the winter is a hope the House of Representatives will explicit statutory authority to provide whole lot cheaper than the electricity promptly consider this bipartisan for services on behalf of offenders who bill in Phoenix, AZ, or Yuma, AZ, in measure, and the President will sign it do not suffer from substance abuse the middle of the summer, and people into law. problems or psychiatric disorders. This die from situations that arise from the This bill is intended to improve the provision would fill in that gap by pro- fact that they cannot air-condition administration and efficiency of our viding services to pretrial defendants their home. However, with all this, Ari- Federal court system by replacing an- to ensure their appearance at trial. zona gets a little less than 1 percent of tiquated processes and bureaucratic I am also pleased that the bill con- the funding under the formula. Now, hurdles with the necessary tools for tains a provision, similar to the the Governor of Arizona, a Democrat, the 21st century. Those who honorably JUDGES Act that I cosponsored in Governor Janet Napolitano, and I have serve on our Federal judiciary do not 2003, that would reverse the troubling both written letters to our colleagues, deserve to experience unnecessary bu- and ill-conceived provisions in the so- Democrats and Republicans, saying reaucratic delays in fulfilling their called Republican Feeney Amendment this is not fair. Phoenix is the fifth- constitutional duties. Their dedication that limited the number of Federal largest city in the country. Arizona is to defend our Constitution, and deliver judges who can serve on the Sentencing a big State now, and it gets very hot justice in a neutral and unbiased man- Commission. Our Federal judges are throughout the summer months, and ner, ought to be met by an equal com- experts on sentencing policy, and I am electricity bills are too high for a lot of mitment from Congress to provide the glad this restoration has been included. people to afford. However, 1 percent is tools for them to fulfill their critical I thank the organizations that have enough. duties as effectively and efficiently as supported this bill. I am especially Let me conclude by saying, as I said possible. grateful to the Administrative Office of in the beginning, it is with great reluc- The legislation we pass today con- the Courts who, on behalf of the Judi- tance that we oppose a continuing res- tains technical and substantive pro- cial Conference, sent us policy rec- olution such as this. But there are so posals carried over from previous Con- ommendations from the Federal judici- many things I have discussed, and gresses. It also contains additional pro- ary. Many of those recommendations more which I could, that require I reg- posals that the Federal judiciary be- are included in this bill, and I com- ister an objection and for which I am lieves will improve its operations and mend them for working so hard to required to vote no. allow it to continue to serve as a bul- enact this measure. The PRESIDING OFFICER. The Sen- wark protecting our individual rights Our independent judiciary is the envy ator from Louisiana. and liberties. of the world. Yet in these changing

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Section 104 of title 11, United States Code, that the Federal judiciary has the tools (b) EFFECTIVE DATE.— is amended— to keep up with the changes and chal- (1) IN GENERAL.—The amendments made by (1) by striking subsection (a); lenges of the 21st century. this section shall take effect on the date of (2) by redesignating subsection (b)(1) as Ms. LANDRIEU. Mr. President, I ask enactment of this Act. subsection (a) and subparagraphs (A) and (B) unanimous consent that the bill be (2) PENDING CASES NOT AFFECTED.—The of that subsection as paragraphs (1) and (2), read a third time and passed, the mo- amendments made by this section shall not respectively; (3) by redesignating subsection (b)(2) as tion to reconsider be laid upon the affect any action commenced before the ef- fective date of this section and pending in subsection (b); table, with no intervening action or de- the United States District Court for the (4) by redesignating subsection (b)(3) as bate, and any statements related to the Western District of Tennessee on such date. subsection (c); and bill be printed in the RECORD. (3) JURIES NOT AFFECTED.—The amend- (5) in subsection (c) (as redesignated by The PRESIDING OFFICER. Without ments made by this section shall not affect paragraph (4) of this section), by striking objection, it is so ordered. the composition, or preclude the service, of ‘‘paragraph (1)’’ and inserting ‘‘subsection The bill (S. 3569) was ordered to be any grand or petit jury summoned, (a)’’. engrossed for a third reading, was read impaneled, or actually serving in the United SEC. 8. INVESTMENT OF COURT REGISTRY the third time, and passed, as follows: States District Court for the Western Dis- FUNDS. trict of Tennessee on the effective date of (a) IN GENERAL.—Chapter 129 of title 28, S. 3569 this section. United States Code, is amended by inserting Be it enacted by the Senate and House of Rep- SEC. 3. SUPPLEMENTAL ATTENDANCE FEE FOR after section 2044 the following: resentatives of the United States of America in PETIT JURORS SERVING ON ‘‘§ 2045. Investment of court registry funds Congress assembled, LENGTHY TRIALS. ‘‘(a) The Director of the Administrative Of- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) IN GENERAL.—Section 1871(b)(2) of title fice of the United States Courts, or the Di- (a) SHORT TITLE.—This Act may be cited as 28, United States Code, is amended by strik- rector’s designee under subsection (b), may the ‘‘Judicial Administration and Technical ing ‘‘thirty’’ in each place it occurs and in- request the Secretary of the Treasury to in- Amendments Act of 2008’’. serting ‘‘ten’’. vest funds received under section 2041 in pub- (b) TABLE OF CONTENTS.—The table of con- (b) EFFECTIVE DATE.—The amendments lic debt securities with maturities suitable tents for this Act is as follows: made by this section shall take effect on Oc- to the needs of the funds, as determined by Sec. 1. Short title; table of contents. tober 1, 2009. the Director or the Director’s designee, and Sec. 2. Change in composition of divisions of SEC. 4. AUTHORITY OF DISTRICT COURTS AS TO bearing interest at a rate determined by the western district of Tennessee. A JURY SUMMONS. Secretary of the Treasury, taking into con- Sec. 3. Supplemental attendance fee for Section 1866(g) of title 28, United States sideration current market yields on out- petit jurors serving on lengthy Code, is amended in the first sentence— standing marketable obligations of the trials. (1) by striking ‘‘shall’’ and inserting United States of comparable maturity. Sec. 4. Authority of district courts as to a ‘‘may’’; and ‘‘(b) The Director may designate the clerk jury summons. (2) by striking ‘‘his’’. of a court described in section 610 to exercise Sec. 5. Public drawing specifications for SEC. 5. PUBLIC DRAWING SPECIFICATIONS FOR the authority conferred by subsection (a).’’. jury wheels. JURY WHEELS. (b) TECHNICAL AND CONFORMING AMEND- Sec. 6. Assessment of court technology (a) DRAWING OF NAMES FROM JURY MENT.—The table of sections for chapter 129 costs. WHEEL.—Section 1864(a) of title 28, United of title 28, United States Code, is amended by Sec. 7. Repeal of obsolete provision in the States Code, is amended— adding at the end the following: bankruptcy code relating to (1) in the first sentence, by striking ‘‘pub- ‘‘2045. Investment of court registry funds.’’. licly’’; and certain dollar amounts. SEC. 9. MAGISTRATE JUDGE PARTICIPATION AT Sec. 8. Investment of court registry funds. (2) by inserting ‘‘The clerk or jury commis- CIRCUIT CONFERENCES. Sec. 9. Magistrate judge participation at cir- sion shall post a general notice for public re- Section 333 of title 28, United States Code, cuit conferences. view in the clerk’s office and on the court’s is amended in the first sentence by inserting Sec. 10. Selection of chief pretrial services website explaining the process by which ‘‘magistrate,’’ after ‘‘district,’’. names are periodically and randomly officers. SEC. 10. SELECTION OF CHIEF PRETRIAL SERV- Sec. 11. Attorney case compensation max- drawn.’’ after the first sentence. ICES OFFICERS. imum amounts. (b) SELECTION AND SUMMONING OF JURY Section 3152 of title 18, United States Code, Sec. 12. Expanded delegation authority for PANELS.—Section 1866(a) of title 28, United is amended by striking subsection (c) and in- reviewing Criminal Justice Act States Code, is amended— serting the following: vouchers in excess of case com- (1) in the second sentence, by striking ‘‘(c) The pretrial services established under pensation maximums. ‘‘publicly’’; and subsection (b) of this section shall be super- Sec. 13. Repeal of obsolete cross-references (2) by inserting ‘‘The clerk or jury commis- vised by a chief pretrial services officer ap- to the Narcotic Addict Reha- sion shall post a general notice for public re- pointed by the district court. The chief pre- bilitation Act. view in the clerk’s office and on the court’s trial services officer appointed under this Sec. 14. Conditions of probation and super- website explaining the process by which subsection shall be an individual other than vised release. names are periodically and randomly one serving under authority of section 3602 of Sec. 15. Contracting for services for pretrial drawn.’’ after the second sentence. this title.’’. (c) TECHNICAL AND CONFORMING AMEND- defendants and post-conviction SEC. 11. ATTORNEY CASE COMPENSATION MAX- supervision offenders. MENT.—Section 1869 of title 28, United States IMUM AMOUNTS. Sec. 16. Judge members of U.S. Sentencing Code, is amended— Section 3006A(d)(2) of title 18, United Commission. (1) in subsection (j), by adding ‘‘and’’ at the States Code, is amended by adding ‘‘The Sec. 17. Penalty for failure to appear for end; compensation maximum amounts provided jury summons. (2) by striking subsection (k); and in this paragraph shall increase simulta- Sec. 18. Place of holding court for the Dis- (3) by redesignating subsection (l) as sub- neously by the same percentage, rounded to trict of Minnesota. section (k). the nearest multiple of $100, as the aggregate Sec. 19. Penalty for employers who retaliate SEC. 6. ASSESSMENT OF COURT TECHNOLOGY percentage increases in the maximum hourly against employees serving on COSTS. compensation rate paid pursuant to para- jury duty. Section 1920 of title 28, United States Code, graph (1) for time expended since the case SEC. 2. CHANGE IN COMPOSITION OF DIVISIONS is amended— maximum amounts were last adjusted.’’ at OF WESTERN DISTRICT OF TEN- (1) in paragraph (2), by striking ‘‘of the the end. NESSEE. court reporter for all or any part of the sten- SEC. 12. EXPANDED DELEGATION AUTHORITY (a) IN GENERAL.—Section 123(c) of title 28, ographic transcript’’ and inserting ‘‘for FOR REVIEWING CRIMINAL JUSTICE United States Code, is amended— printed or electronically recorded tran- ACT VOUCHERS IN EXCESS OF CASE (1) in paragraph (1)— scripts’’; and COMPENSATION MAXIMUMS. (A) by inserting ‘‘Dyer,’’ after ‘‘Decatur,’’; (2) in paragraph (4), by striking ‘‘copies of (a) WAIVING MAXIMUM AMOUNTS.—Section and papers’’ and inserting ‘‘the costs of making 3006A(d)(3) of title 18, United States Code, is

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22534 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 amended in the second sentence by inserting SEC. 17. PENALTY FOR FAILURE TO APPEAR FOR tims of Federal crimes. Nearly 90 per- ‘‘or senior’’ after ‘‘active’’. JURY SUMMONS. cent of the Crime Victims Fund is used (b) SERVICES OTHER THAN COUNSEL.—Sec- (a) SECTION 1864 SUMMONS.—Section 1864(b) to award victim assistance formula of title 28, United States Code, is amended by tion 3006A(e)(3) of title 18, United States grants and provide State crime victim Code, is amended in the second sentence by striking ‘‘$100 or imprisoned not more than inserting ‘‘or senior’’ after ‘‘active’’. three days, or both.’’ each place it appears compensation. These VOCA-funded vic- (c) COUNSEL FOR FINANCIALLY UNABLE DE- and inserting ‘‘$1,000, imprisoned not more tim assistance programs serve nearly FENDANTS.—Section 3599(g)(2) of title 18, than three days, ordered to perform commu- four million crime victims each year, United States Code, is amended in the second nity service, or any combination thereof.’’. including victims of domestic violence, sentence by inserting ‘‘or senior’’ after ‘‘ac- (b) SECTION 1866 SUMMONS.—Section 1866(g) sexual assault, child abuse, elder abuse, tive’’. of title 28, United States Code, is amended by and drunk driving, as well as survivors SEC. 13. REPEAL OF OBSOLETE CROSS-REF- striking ‘‘$100 or imprisoned not more than of homicide victims. Our VOCA-funded ERENCES TO THE NARCOTIC ADDICT three days, or both.’’ and inserting ‘‘$1,000, REHABILITATION ACT. imprisoned not more than three days, or- compensation programs have helped Section 3161(h) of title 18, United States dered to perform community service, or any hundreds of thousands of victims of Code, is amended— combination thereof.’’. violent crime. (1) in paragraph (1)— SEC. 18. PLACE OF HOLDING COURT FOR THE The Crime Victims Fund is the Na- (A) by striking subparagraphs (B) and (C); DISTRICT OF MINNESOTA. tion’s premier vehicle for supporting and Section 103(6) of title 28, United States victims’ services. It is important to un- (B) by redesignating subparagraphs (D) Code, is amended in the second sentence by derstand that the Crime Victims Fund through (J) as subparagraphs (B) through inserting ‘‘and Bemidji’’ before the period. does not receive a dime from tax rev- (H), respectively; SEC. 19. PENALTY FOR EMPLOYERS WHO RETALI- enue or appropriated funding. Instead, (2) by striking paragraph (5); and ATE AGAINST EMPLOYEES SERVING (3) by redesignating paragraphs (6) through ON JURY DUTY. it is made up of criminal fines, for- (9) as paragraphs (5) through (8), respec- Section 1875(b)(3) of title 28, United States feited bail bonds, penalties, and special tively. Code, is amended by striking ‘‘$1,000 for each assessments. SEC. 14. CONDITIONS OF PROBATION AND SU- violation as to each employee.’’ and insert- In 1995, after the Oklahoma City PERVISED RELEASE. ing ‘‘$5,000 for each violation as to each em- bombing, I proposed and Congress (a) CONDITIONS OF PROBATION.—Section ployee, and may be ordered to perform com- passed the Victims of Terrorism Act of 3563(a)(2) of title 18, United States Code, is munity service.’’. 1995. Among other important matters, amended by striking ‘‘(b)(2), (b)(3), or f this legislation authorized the Office (b)(13),’’ and inserting ‘‘(b)(2) or (b)(12), un- for Victims of Crime at the Depart- less the court has imposed a fine under this AUTHORIZING FUNDING FOR THE chapter, or’’. ment of Justice to set aside an emer- NATIONAL CRIME VICTIM LAW gency reserve as part of the Crime Vic- (b) SUPERVISED RELEASE AFTER IMPRISON- INSTITUTE MENT.—Section 3583(d) of title 18, United tims Fund to serve as a ‘‘rainy day’’ re- States Code, is amended by striking ‘‘section Ms. LANDRIEU. Mr. President, I ask source to supplement compensation 3563(b)(1)’’ and all that follows through ‘‘ap- unanimous consent that the Senate and assistance grants to States to pro- propriate.’’ and inserting ‘‘section 3563(b) proceed to the immediate consider- vide emergency relief in the wake of an and any other condition it considers to be ation of S. 3641, introduced earlier act of terrorism or mass violence that appropriate, provided, however that a condi- today. might otherwise overwhelm the re- tion set forth in subsection 3563(b)(10) shall be imposed only for a violation of a condi- The PRESIDING OFFICER. The sources of a State’s crime victims com- tion of supervised release in accordance with clerk will report the bill by title. pensation program and crime victims section 3583(e)(2) and only when facilities are The legislative clerk read as follows: assistance services. available.’’. A bill (S. 3641) to authorize funding for the We also enacted, as part of the Jus- (c) TECHNICAL AND CONFORMING AMEND- National Crime Victim Law Institute to pro- tice for All Act of 2004, Federal rights MENT.—Section 3563(b)(10) of title 18, United vide support for victims of crime under for victims. In the Scott Campbell, States Code, is amended by inserting ‘‘or su- Crime Victims Legal Assistance Programs as Stephanie Roper, Wendy Preston, pervised release’’ after ‘‘probation’’. a part of the Victims of Crime Act of 1984. Louarna Gillis, and Nila Lynn Crime SEC. 15. CONTRACTING FOR SERVICES FOR PRE- There being no objection, the Senate Victims’ Rights Act, we expressly pro- TRIAL DEFENDANTS AND POST-CON- VICTION SUPERVISION OFFENDERS. proceeded to consider the bill. vided for the right to reasonable, accu- (a) PRETRIAL SERVICE FUNCTIONS.—Section Mr. LEAHY. Mr. Presdient, I am glad rate, and timely notice of any public 3154(4) of title 18, United States Code, is the Senate is moving forward today by court proceeding; the right not to be amended by inserting ‘‘, and contract with passing a bill to reauthorize funding to excluded from any such public court any appropriate public or private agency or provide legal support to victims of proceeding; the right to be reasonably person, or expend funds, to monitor and pro- crime through Crime Victims Legal heard at any public proceeding involv- vide treatment as well as nontreatment serv- Assistance Programs. I was proud to be ing release, plea, sentencing, or parole; ices to any such persons released in the com- an original cosponsor of this bill. Too munity, including equipment and emergency the reasonable right to confer with the housing, corrective and preventative guid- often, survivors who have been victims attorney for the Government in the ance and training, and other services reason- of crimes are left without recourse and case; the right to full and timely res- ably deemed necessary to protect the public legal assistance. This bill will help en- titution as provided in law; the right to and ensure that such persons appear in court sure that their needs are not forgotten. proceedings free from unreasonable as required’’ before the period. It is vitally important that we con- delay; and the right to be treated with (b) DUTIES OF DIRECTOR OF ADMINISTRATIVE tinue to recognize the needs of crime fairness and with respect for the vic- OFFICE OF THE UNITED STATES COURTS.—Sec- victims and their family members and tim’s dignity and privacy. I wrote a tion 3672 of title 18, United States Code, is work together to promote victims’ amended in the seventh undesignated para- letter to Attorney General Mukasey in graph— rights and services. June to ask what the Justice Depart- (1) in the third sentence, by striking ‘‘ne- We have been able to make some ment has done to ensure that family gotiate and award such contracts’’ and in- progress during the past 27 years to members of 9/11 victims are afforded serting ‘‘negotiate and award contracts iden- provide victims with greater rights and the same level of respect as the 9/11 tified in this paragraph’’; and assistance. In particular, I was honored court and military commission pro- (2) in the fourth sentence, by inserting ‘‘to to support the passage of the Victims ceedings and move forward. expend funds or’’ after ‘‘He shall also have of Crime Act of 1984, VOCA, Public Law Since fiscal year 2000, Congress has the authority’’. 98–473, which established the Crime set a cap on annual obligations from SEC. 16. JUDGE MEMBERS OF U.S. SENTENCING Victims Fund. The Crime Victims the Crime Victims Fund. I have worked COMMISSION. Section 991(a) of title 28, United States Fund allows the Federal Government to ensure that the cap has never re- Code, is amended in the third sentence by to provide grants to State crime victim sulted in resources being lost to the striking ‘‘Not more than’’ and inserting ‘‘At compensation programs, direct victim Crime Victims Fund. I believe we need least’’. assistance services, and services to vic- to increase the cap. With the failure of

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22535 the Bush administration crime preven- support services for victims in criminal consideration of H.R. 5872, and the Sen- tion policies, crime began to rise under cases. ate proceed to its immediate consider- Attorney General Gonzales. Crime vic- We need to renew our national com- ation. tims, the States, and service providers mitment to crime victims. I am glad The PRESIDING OFFICER. Without need more assistance. the Senate has passed this important objection, it is so ordered. Instead of taking that salutary ac- bill today, and I hope that the House The clerk will report the bill by title. tion, the Bush administration is pro- will move on this legislation swiftly. The legislative clerk read as follows: posing to raid the Crime Victims Fund Ms. LANDRIEU. Mr. President, I ask A bill (H.R. 5872) to require the Secretary and zero it out. The future of the Crime unanimous consent that the bill be of the Treasury to mint coins in commemo- Victims Fund is in danger because the read a third time and passed, the mo- ration of the centennial of the Boy Scouts of Bush administration has proposed re- tion to reconsider be laid upon the America, and for other purposes. scinding all amounts remaining in the table, and that any statements relating There being no objection, the Senate Crime Victims Fund at the end of fiscal to the bill be printed in the RECORD. proceeded to consider the bill. year 2009—just cleaning it out and The PRESIDING OFFICER. Without Ms. LANDRIEU. Mr. President, I ask leaving the cupboard bare. That would objection, it is so ordered. unanimous consent that the bill be leave the Crime Victims Fund with a The bill (S. 3641) was ordered to be read a third time and passed, the mo- zero balance going into fiscal year 2010 engrossed for a third reading, was read tion to reconsider be laid upon the and create a disastrous situation for the third time, and passed, as follows: table, with no intervening action or de- providers of victims’ services. That is S. 3641 bate, and any statements related to the wrong. Be it enacted by the Senate and House of Rep- bill be printed in the RECORD. Over the last few years, we have suc- resentatives of the United States of America in The PRESIDING OFFICER. Without cessfully blocked the Bush administra- Congress assembled, objection, it is so ordered. tion’s past attempts to raid the Crime SECTION 1. REAUTHORIZATION. The bill (H.R. 5872) was ordered to a Victims Fund. This is not a cache of Section 103(b) of the Justice for All Act of third reading, was read the third time, money from which this administration 2004 (Public Law 108-405; 118 Stat. 2264) is and passed. should try to reduce the budget deficits amended in paragraphs (1) through (5) by f it has created. This administration has striking ‘‘2006, 2007, 2008, and 2009’’ each place turned a $5 trillion budget surplus into it appears and inserting ‘‘2010, 2011, 2012, and PERSONNEL REIMBURSEMENT FOR a $9.4 trillion debt. Its annual deficits 2013’’. INTELLIGENCE COOPERATION run into the hundreds of millions. It is f AND ENHANCEMENT OF HOME- wrong to try to pay for its failed fiscal LAND SECURITY ACT OF 2008 MINTING OF COINS IN COMMEMO- policies by emptying out the Crime Ms. LANDRIEU. Mr. President, I ask RATION OF THE LEGACY OF THE Victims Fund. These resources are set unanimous consent that the Senate UNITED STATES ARMY INFAN- aside to assist victims of crime. proceed to the immediate consider- TRY In order to preserve the Crime Vic- ation of Calendar No. 1052, H.R. 6098. tims Fund once again, Senator CRAPO Ms. LANDRIEU. Mr. President, I ask The legislative clerk read as follows: and I, as well as 25 other Senators, sent unanimous consent that the Com- A bill (H.R. 6098) to amend the Homeland a letter on April 4, 2008, to the Senate mittee on Banking, Housing, and Security Act of 2002 to improve the financial Appropriations Committee asking that Urban Affairs be discharged from fur- assistance provided to State, local, and trib- the committee oppose the administra- ther consideration of H.R. 3229, and the al governments for information sharing ac- tion’s proposal to empty the Crime Senate proceed to its immediate con- tivities, and for other purposes. Victims Fund. We asked the com- sideration. There being no objection, the Senate mittee, instead, to permit unobligated The PRESIDING OFFICER. Without proceeded to consider the bill, which funds to remain in the Crime Victims objection, it is so ordered. had been reported from the Committee Fund, in accordance with current law, The clerk will report the bill by title. on Homeland Security and Govern- to be used for needed programs and The legislative clerk read as follows: mental Affairs with an amendment to services that are so important to vic- A bill (H.R. 3229) to require the Secretary strike all after the enacting clause and tims of crime in the years ahead. of the Treasury to mint coins in commemo- insert in lieu thereof the following: The Judiciary Committee has worked ration of the legacy of the United States SECTION 1. SHORT TITLE. hard this Congress to pass legislation Army Infantry and the establishment of the This Act may be cited as the ‘‘Personnel Reim- that protects victims of Crime. This National Infantry Museum and Soldier Cen- bursement for Intelligence Cooperation and En- ter. week the Senate unanimously reau- hancement of Homeland Security Act of 2008’’ or thorized the Debbie Smith DNA back- There being no objection, the Senate the ‘‘PRICE of Homeland Security Act’’. log grant program, which helps foren- proceeded to consider the bill. SEC. 2. CLARIFICATION ON USE OF FUNDS. Ms. LANDRIEU. Mr. President, I ask Section 2008 of the Homeland Security Act of sic labs keep up with the increasing de- 2002 (6 U.S.C. 609) is amended— mand for DNA analysis. The Debbie unanimous consent that the bill be read a third time and passed, the mo- (1) in subsection (a)— Smith DNA backlog grant program has (A) in the matter preceding paragraph (1), by given States help they desperately tion to reconsider be laid upon the striking ‘‘Grants’’ and all that follows through needed, and continue to need, to carry table, and any statements relating to ‘‘used’’ and inserting the following: ‘‘The Ad- out DNA analyses of backlogged evi- the measure be printed in the RECORD. ministrator shall permit the recipient of a grant dence, particularly rape kits. It has The PRESIDING OFFICER. Without under section 2003 or 2004 to use grant funds’’; provided a strong starting point in ad- objection, it is so ordered. and The bill (H.R. 3229) was ordered to a (B) in paragraph (10), by inserting ‘‘, regard- dressing this serious problem, but less of whether such analysts are current or new much work remains to be done before third reading, was read the third time, and passed. full-time employees or contract employees’’ after we conquer these inexcusable backlogs. ‘‘analysts’’; and I was pleased to work with Debbie f (2) in subsection (b)— Smith and Senator BIDEN to pass the (A) by redesignating paragraphs (3) and (4) as reauthorization. REQUIRING THE SECRETARY OF paragraphs (4) and (5), respectively; and I am also proud to be a cosponsor of THE TREASURY TO MINT COINS (B) by inserting after paragraph (2) the fol- this legislation. This bill will help vic- IN COMMEMORATION OF THE lowing: tims of crime by reauthorizing funding CENTENNIAL OF THE BOY ‘‘(3) LIMITATIONS ON DISCRETION.— SCOUTS OF AMERICA ‘‘(A) IN GENERAL.—With respect to the use of for essential programs such as the Vic- amounts awarded to a grant recipient under tim Notification System, which is run Ms. LANDRIEU. Mr. President, I ask section 2003 or 2004 for personnel costs in ac- by the Department of Justice, and pro- unanimous consent that the Banking cordance with paragraph (2) of this subsection, grams that provide legal counsel and Committee be discharged from further the Administrator may not—

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00021 Fmt 0686 Sfmt 6333 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22536 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 ‘‘(i) impose a limit on the amount of the I will speak for an hour, but this car- So the water came into these fields. award that may be used to pay for personnel, or toon says it all. This was in the USA The farmers cannot harvest their personnel-related, costs that is higher or lower TODAY newspaper yesterday. I don’t crops. They cannot get into the fields than the percent limit imposed in paragraph think it needs any explanation. I rep- to try to save what is left. This is a (2)(A); or ‘‘(ii) impose any additional limitation on the resent the lower ninth ward. I am farmer who has farmed profitably with portion of the funds of a recipient that may be proud to represent the ninth ward and his family for probably over 50 years. used for a specific type, purpose, or category of the lower ninth ward. I also represent He is from Chaneyville. This is what personnel, or personnel-related, costs. St. Bernard Parish and Plaquemines the rice fields look like if you grow ‘‘(B) ANALYSTS.—If amounts awarded to a Parish and Terrebonne Parish and oth- rice in water, but it can’t grow in salt grant recipient under section 2003 or 2004 are ers that were devastated and basically water. So the salt water and the tidal used for paying salary or benefits of a qualified have been abandoned in large measure surge came in, ruining the rice crop. intelligence analyst under subsection (a)(10), by aspects of this Government that did Then, the cotton crop, which looked so the Administrator shall make such amounts not come to their aid. This cartoon available without time limitations placed on the beautiful just a couple of weeks ago—8 period of time that the analyst can serve under says we have been building a levee for weeks ago—the farmers throughout the the grant.’’. the last several weeks—or trying to South were celebrating what a beau- build a levee—around Wall Street. Ms. LANDRIEU. Mr. President, I ask tiful crop they may have. It has been a Meanwhile, the rest of the country— unanimous consent that the com- very tough year, as the Presiding Offi- whatever. mittee-reported substitute be agreed cer knows, with high fuel prices and Out there in the rest of the country— the financial markets being unsettled, to; the bill, as amended, be read a third whatever—which is what I represent— time and passed; the motions to recon- which has not just been going on the are thousands of farmers. This is what last few weeks. Farmers have had their sider be laid upon the table with no in- their fields look like. They are com- eyes on that. Many of them are lever- tervening action or debate, and any pletely underwater, not because they aged, as we know, quite a bit to try to statements related thereto be printed left the hose on too long or failed to do produce safety the food that every sin- in the RECORD. the proper irrigation techniques but gle person in this country needs. But The PRESIDING OFFICER. Without because we had Hurricane Gustav, Hur- objection, it is so ordered. ricane Ike, and Hurricane Fay, which the cotton crop as it is now, thousands The committee amendment in the did not hit just Florida, but that and thousands of acres, are absolutely nature of a substitute was agreed to. storm, as the Presiding Officer will re- unharvestable because of these rains. This Congress, Democrats and Repub- The amendment was ordered to be member, dropped significant rains licans, is about ready to leave, having engrossed and the bill to be read a throughout large parts of the country done nothing—nothing—not even a life- third time. right before harvest time. Then, a few line, not even a telegraph, not even a The bill, (H.R. 6098), as amended, was weeks later—because the farmers in message to say: We hear you. read the third time, and passed. many districts who watch the weather, Right now everyone is—many peo- f of course, every day, made the decision ple—downstairs in a room talking to wait until these rains were done, CONSOLIDATED SECURITY, DIS- about how we can build a levee around they would then go into their fields ASTER ASSISTANCE, AND CON- Wall Street. I understand that some- and harvest the thousands of acres that TINUING APPROPRIATIONS ACT, thing has to be done about the finan- were planted in Louisiana in cotton, 2009—Continued cial situation. I am not sure I am in a soybean, rice, sugarcane, sweet pota- Ms. LANDRIEU. Mr. President, I position to be able to say exactly what toes, and our beautiful pecan trees. should happen. But I can tell my col- wish to proceed to the hour that I have They would wait until those rains sub- asked the leader to set aside for the sided and then they would go to their leagues that while everybody has been purpose of discussing, in my view, a fields for the harvest that they were meeting for weeks about building a grave oversight that can be corrected if expecting to be quite spectacular de- levee on Wall Street, the levees have there is enough political will to do so. spite price inputs at the front of the already broken at home. They have al- So the purpose of this hour is to try to season: high fuel and fertilizer costs. ready broken at home; not just in Lou- lay out a case so that we can build, But then Hurricane Ike came and Hur- isiana but in Texas and in Arkansas over the course of the next few days ricane Gustav, and the water just never and in Missouri and in Kansas and and weeks, the will necessary to take went away. There was nowhere for it to throughout the heartland. People who action that if not taken could literally go. never even heard about a subprime result in the bankruptcy of thousands The State I represent, as people will loan, never, ever looked at an applica- of people and individuals in rural com- know their geography, is the State tion for a subprime loan, never went to munities throughout Louisiana and the that basically drains, through the Mis- a bank to inquire about a subprime Nation who, through no fault of their sissippi River, the Arkansas, the Mis- loan, and most certainly never know- own, have been caught up in the disas- souri River, comes down through the ingly bought one, their levees have al- ters of the last few weeks and months. Mississippi River to Louisiana. There ready broken. The disasters I speak of are not like was simply nowhere for the water to Now, I would not have kept my col- the manmade disaster that is hap- go. It broke levees everywhere. The leagues here. I am known up here as te- pening on Wall Street as we speak. It is levees in New Orleans held because of nacious but a team player. I fight hard, not the purpose for which a group of the work I have been, in large measure, but I fight fair. I most certainly would Senators, both Republicans and Demo- fighting for with others to help build. not have asked 100 Members, for whom crats, have been meeting around the But levees have broken all over Lou- I have the greatest respect and with clock for hours. They are disasters of isiana, including Federal levees and whom it has been my honor to work nature’s making—hurricanes, strong non-Federal levees. We are a strong with, each of them, to have great dif- winds, and heavy rains that no one State but not always strong enough to ficulty in their plans for the weekend. could prevent, but we most certainly hold in the water from the whole Na- I understand one-third are up for re- can stop the economic downturn in the tion. Although we have tried on many election. There are Senators who came aftermath that will occur. occasions to build the kind of levee to me to say they have taken the I am here today because it looks to system we need, we are 20 or 30 years first—tried to take the first vacation me and several of my colleagues as behind. with their child in 6 months. Other though this Congress intends to leave I got here 12 years ago and have Senators have said they have had these without taking any action whatsoever, worked every day to accelerate that, plans. I understand that. I have two to give even hope to people, thousands and I am going to stay here for as long young children at home myself. But I of hard-working taxpayers who are in as it takes to get the job done. None- could not leave without at least mak- this situation. theless, we are not there yet. ing a 1-hour pitch—and I am going to

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22537 be here after the vote for several hours. crop insurance program we have in insurance. But the insurance programs I asked to speak for 1 hour before this place, but the regulations aren’t writ- that have been crafted by this Congress vote because I wanted to be able to lay ten yet, and there is no availability for do not meet the needs of southern this case down. But I will be here for our farmers to access; insufficient dis- farmers. Every region of the country is the rest of the day speaking about this aster provisions of the farm bill, which very different, and the crop insurance and through the evening if the Senate I just described; farmers who have con- programs that exist today have never stays in. As long as the Senate is in, I tracts with elevators and cannot de- been adequate for southern farmers. am prepared to be here because this is liver the commodity; bank liens Although a farmer may have only har- not a 1-hour grandstanding on my part. against partially filled commodity con- vested a portion of his crop, he may have al- Please believe me. This is about my tracts; and deterioration of rain and ready surpassed the yield threshold. A cot- complete inability to understand how cotton quality, which I have dem- ton farmer reported to me that he met with this Congress could pass four major ap- onstrated with my pictures earlier. his insurance agent and based on prelimi- propriations bills—Defense, Homeland I wish to go on to read his statement nary calculations, even though he has more than 1,000 acres of cotton and is facing a 50 Security, the stimulus package, and— to explain these in some detail: Higher input cost—Fuel and fertilizer costs percent crop loss, he will only receive only not the stimulus package—the disaster $3,300 in insurance proceeds. relief package, and the continuing res- have more than doubled since the start of the current crop. Mr. President, $3,300 is not going to olution and fail to recognize that the I don’t know what the prices are in keep the farming community in this program we established in good inten- the Presiding Officer’s State, but in the farmer’s hometown moving forward in tions and with goodwill is not even in last year, gasoline prices and diesel a strong position. existence yet to help these farmers. prices have been on the rise. As the The disaster provisions of the farm I wish to read from the terrific state- Presiding Officer knows, several of us bill—I wish to read from his testimony ment that our commissioner from Lou- have been in negotiations on bills try- and why it is inadequate: isiana, Mike Strain, who has been lead- ing to contain those costs. We have not Many of our crops will not qualify for as- ing this effort—not only for us but na- yet been successful. But the price of sistance under the current disaster provi- tionally—I wish to say something so gasoline and diesel over the last 12 to sions. All of the rules and regulations of the people understand how strongly I feel 15 months has doubled. Fertilizer new 2008 Farm Bill had not been written. about this issue. prices have gone up 300 percent, and I repeat that for the record. The op- Mike Strain is not a Democrat; he is potash, which is a commonly used sub- ponents of what I am trying to do—and a Republican. I actually didn’t even stance for our agriculture base, the they are unidentifiable by name, but support him in his election. I supported farmers were faced with almost a 600- obviously there is some opposition or someone else. But he is the agriculture percent increase with no explanation. we would have been able to get this commissioner now, and it is my job to So their input costs were higher this amendment moving—say: Senator, you stand with him and to do what I can to year than almost any previous year. are making a mountain out of a mole- help our rural communities. So I asked That is how the year started. Yet farm- hill because your farmers can get help him to testify before the committee ers absorbed it. They got their crops in through the 2008 disaster farm bill. We that I chair this week to try to get the field and were ready for a good har- passed a farm bill. There is a disaster something on the record in Congress to vest, but that was a problem on the provision to try to help your farmers. help. front end. So I want to read this into the This is what our commissioner says, Many farmers did not borrow enough RECORD: who is, by the way, a farmer himself. money to cover these exorbitant costs. All of the rules and regulations— He is a veterinarian. He is very knowl- Some of them were totally unexpected. edgeable. He is a tenacious fighter. He Of that bill that is supposed to be a They used all their available credit. help for us— came up and has spent days here trying Since the storms occurred just prior to to sound the alarm. He says: harvest, as I said, many of the farmers . . . have not yet been written; and pay- Louisiana agriculture faces unprecedented ments may not be available until October or have incurred all the costs of the crop November of 2009. losses from Hurricanes Gustav and Ike. This except harvesting and now will not be is the largest natural disaster affecting agri- able to repay lenders and suppliers. Our farmers cannot wait until No- culture, aquaculture, forestry, and fisheries I wish to say, they will not be able to vember of 2009 for assistance. They in Louisiana history. repay lenders and suppliers. That is need it now. The only people who can Now, that statement did get my at- what the Wall Street bailout is all give them assistance is us. So I am fil- tention. I have only been here 12 years, about. People unable—banks, holding ing a bill today on behalf of myself, but for a commissioner who is knowl- companies, financiers unable to meet Senator HUTCHISON, Senator LINCOLN, edgeable, who is trained, who has been their debts, and this Congress could Senator PRYOR, and Senator WICKER. in the business, who has been elected not scramble fast enough to try to On behalf of these Senators, I am intro- by the people of my State, to make build them a levee. But to the farmers ducing this bill today, and I urge other such a statement before a committee, I who can’t pay their notes: You are on colleagues to look at this bill to see if thought it might be worth it to bring your own. they will join us in our efforts to put that statement to the full floor of the He goes on to explain the inadequacy before this Congress at the earliest pos- Senate. He goes on: of the crop insurance program: sible time a bill that will at least pro- No parish or commodity was spared by The farm bill was signed late. Had pro- vide a glimmer of hope for these farm- these storms. From the cattle rancher and ducers known they would have had a disaster ers and rural communities throughout the oyster fisherman in the southernmost tip program included that was based on their America. I send the bill to the desk. of Plaquemines Parish, to cotton farmers in crop insurance coverage levels, they may Again, the reason this bill has to be the delta of East Carol Parish all were se- have made different coverage decisions. But introduced and the reason this speech verely impacted. Combined with the timing in order to be eligible for the SURE pro- had to be given today, and the reason of these storms, just prior to harvest, and gram— this Congress must act before we the devastation caused by the wind (110 Which is the new program— miles per hour), in Terrebonne Parish, the leave—we are going to, it looks like, USDA requires farmers to purchase cata- flooding (24 inches), in Franklin Parish, and take a break for a day or two, come strophic insurance or to participate in the the tidal surge (12 feet) in Cameron Parish, noninsured assistance program. Due to thin back for a couple of days next week, our agriculture community is in peril. margins and high costs of buyout coverage and it looks like there is going to be He has held 11 meetings across the levels, crop insurance protection participa- some bailout package for Wall Street. State with farmers and ranchers. I tion is relatively low in Louisiana and other It might be a $700 billion package, it have been to several of them with him. southern States. might be a $300 billion package, it There are several reasons our situation It is not that we don’t want insur- could be a $400 billion package. By the is so grave: One, the inadequacy of the ance. It is not that we don’t believe in time they finish negotiating, maybe it

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22538 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 is only a $200 billion package. Right have worked in tandem with our neigh- they are faced with unbelievable in- now, I am leaning against voting for bors to try to figure out how we can be creases in their input costs, and the that package, no matter how it is there for one another. lender says: Your house is probably structured, without certain provisions With our proximity to Louisiana and worth less because of the mortgage cri- in it. This bill asks for $1 billion—$1 Texas, sitting right above those two sis and your 401(k) might not be so billion of—which at least will help all States, we say thanks to our colleagues solid because of whatever else is going the rest of the farming communities in who are allowing us to join them in on. They get hit from absolutely every this part of the country while we are speaking out on behalf of a tremen- direction. Yet to be able to get back working on bailing out the financial dously important constituency that we into the field, they have to have the community. represent, and that is production agri- support of those lenders. Without hav- Mr. President, $1 billion. And maybe culture. ing the Government behind them, the that is not sufficient. I introduce the Senator LANDRIEU has brought up so Government to say, We are going to bill at this level because our needs in many good points. Again, I wish to re- stand with you in whatever it is that Louisiana are $700 million. I know we iterate that our growers across this you meet up against, they are not might not be able to get every penny country, these hard-working farm fam- going to be able to continue to do that that our commissioner has testified we ilies, get up early every morning. They tremendous job. desperately need and most certainly go into the fields, into their livestock As Senator LANDRIEU mentioned— can justify. I am most certainly willing arenas, and work hard to ensure that and I know Senator CONRAD has for this $1 billion to be shared by the we can have the safest, most abundant, worked tirelessly in terms of crop in- other States that can put forth their and affordable food supply in the world. surance—she is exactly right. Crop in- documents and put forth their require- They provide us a food supply, food and surance doesn’t fit us like it does the rest of the country. We grow capital-in- ments. Maybe this $1 billion is not suf- fiber per capita that is less than any tensive crops and to insure ourselves ficient. But I could not in good con- other developed nation in the world. against that kind of liability and that science leave here without putting Yet in this body and throughout the kind of risk, it is not cost effective, nor something down with my colleagues. Congress, it is hard to get attention if is the payout what it needs to be when And this is a bipartisan effort. your issue is not glamorous. If it is not we hit those disasters. So it is criti- I am so grateful this morning that I glamourous and it is not on the front cally important that we recognize the was able to secure, by the motions that page of People magazine or on the disaster program that is intended to be were provided this morning on the cal- front page of these papers, people don’t there for those farmers crop insurance endar, the support of Senator want to talk about it and they don’t want to put the work into it that is re- cannot fully protect. HUTCHISON of Texas. She cannot even We worked in this farm bill to come quired to get the results that are need- get into some places in Texas to do the up with that program. Again, as Sen- assessment because the water and dam- ed. ator LANDRIEU has mentioned, USDA These hard-working farm families age is so high. But she has cosponsored has failed to give us the rules. So these are doing a tremendous job. As Senator this bill with me. growers, who are caught between a LANDRIEU has mentioned, so often we I am very proud as well to have Sen- rock and a hard spot, know they have forget these are folks who are absorb- ator LINCOLN and Senator PRYOR as co- a 2008 farm bill, there are no rules that ing tremendous costs—the increased sponsors. I am going to yield to both of apply, and they are not going to under- them in a moment. I see Senator cost of fuel and utilities, the needs stand or even know what they can CONRAD is in the Chamber. I wish to they have in terms of chemical applica- count on in terms of disaster payments give each of them 5 minutes to speak tion, fertilizers, and other products, until the spring. It is too late by April because they are quite knowledgeable and the fluctuation of the price and or May to have gotten their assistance, about this situation—I must say more value of commodities that are going their financing, their ability to know knowledgeable than I am about farm crazy as well in many of those mar- what they are going to be able to plant programs. Senator LINCOLN is on the kets. So it is so important that we as and start for a 2009 crop year. committee. Senator CONRAD was the a government create an environment I thank my good friend and my good chief sponsor and designer of the farm where they can continue to do the fine neighbor because we understand how disaster program. He helped to write it. job they do in ensuring that all of us— important it is to be and to have good Having his testimony and him speak- not just in this country but globally— neighbors. I am very grateful she is ing today about why the program that can enjoy that safe and abundant sup- standing up for our farm families and he wrote, with all good intentions, is ply of food. allowing those of us who want to stand not necessarily going to help us and Senator LANDRIEU is exactly correct. with her to say: It may not be a glam- why we need special assistance will Every year they go through this unbe- orous issue, it may not be one that peo- give a lot of support to my arguments. lievable anguish of figuring out how ple are going to jump up and rise to the I yield to my good friend from Ar- they are going to pay to keep their occasion to try to solve. But I tell you kansas for whatever she might require. jobs. They go to their lenders in De- one thing, when people look around I thank her for being a cosponsor of the cember and January to start a new and realize that it is not just stock bill. crop year. This year they are going to markets, it is not just home mort- The PRESIDING OFFICER. The Sen- go to that lender and they are going to gages, but it is actually the ability to ator from Arkansas. say: We have had unbelievable disaster, feed your family, then they will figure Mrs. LINCOLN. Mr. President, I come whether it has been a hurricane, floods, out that it is absolutely appropriate to the floor today to say an enormous tornadoes, which we suffered dras- that we stand here today and ask our thanks to my good friend and neighbor, tically this spring. We had one tornado Government to help us move forward Senator LANDRIEU. When you grow up that hit the ground and stayed on the with the kind of environment that our in small communities in middle Amer- ground for 120 miles. We have seen growers need to put seed in the ground, ica, one of the things you understand floods that are 50-, 90-year floods. We to produce, as well as to be competitive the most is that it is important to be a had those in the spring, to be followed in a global marketplace so we can con- good neighbor and it is very important by a tremendous amount of water that tinue to allow them to produce unbe- to have good neighbors. Through the was sent up from Louisiana or Texas lievably safe and abundant food and last several years, we in Arkansas and after Gustav and Ike which put all of fiber for this Nation and for the entire the folks in Louisiana have come to our crops that had been planted late world. understand that. We have housed most because of spring floods under water, as Thanks to my good friend and neigh- or a tremendous number of the evac- Senator LANDRIEU has mentioned. bor, Senator LANDRIEU. I am proud to uees from both Katrina and Rita, and They go in to their lenders, having be here with her to fight on behalf of then Gustav sent us more evacuees. We suffered these unbelievable disasters, America’s growers.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22539 I thank the Senator for yielding. lockdown in credit, what is the banker some money from the community de- Ms. LANDRIEU. Mr. President, I going to do with that? velopment block grant. Maybe you all thank the Senator from Arkansas for What Senator LANDRIEU is asking for can come up with a plan to help your her remarks. As you can see, she is one here is exactly what needs to be done; farmers. of the experts in farming policy of this that is, a bridge program to deal with So I thought: Well, let me scurry country. We are very grateful. the current emergency until the dis- over and find out if that could be pos- I now yield 5 minutes to the Senator aster program that is part of the farm sible. from North Dakota. bill is in effect. So, Mr. President, I So I wrote a letter as quickly as I The PRESIDING OFFICER. The Sen- would hope our colleagues in the House could, and I said: ator from North Dakota. and the Senate and representatives of Gustav and Ike caused an estimated $700 Mr. CONRAD. Mr. President, I thank the administration would help find a million in damage in agricultural damage in Senator LANDRIEU, the Senator from way to deal with this crisis because Louisiana alone. Regulations have still not Louisiana, for her leadership. Senator these farm families are in every bit as been written . . . will not be available LINCOLN, who is a valuable member of much a crisis as the families who are through this program until 2009, which is the Agriculture Committee and the Fi- being affected by the fiscal crisis, and much too long to wait. Can CDBG funds be nance Committee, played such an im- these farm families deserve our help as used to provide grants and loans to indi- well. vidual farmers, ranchers, and fishermen, as portant role in writing a new farm bill, well as agricultural lending institutions and I thank Senator LANDRIEU for her and Senator PRYOR, as well, from Ar- processing facilities? leadership. She has been persistent. kansas, who is here. They are fighting I was hoping that maybe I could get for farmers who have been devastated She has gone from colleague to col- league. She has talked to the House a glimmer of hope. But I want to read by disasters, farmers who are down and for the record what they wrote. out through no fault of their own. and the Senate, trying to persuade We hear some saying: Wait, there is a them that these farm families should This is probably an eligible activity under the CDBG disaster recovery program. CDBG disaster program that has just passed not be abandoned at their time of need. What an irony it would be if the Con- funds may be used to assist businesses to that is in the farm bill. create or retain low- and moderate-income Indeed, that is true. In fact, I am the gress moved in the next few days to jobs, and the CDBG disaster recovery pro- author of that legislation, very proud react to a fiscal crisis in the country gram allows the State to make grants and of it. The problem is, we don’t yet have but left part of the country out and loans directly rather than working through the regulations from the U.S. Depart- said to those farm families in Arkan- local governments. ment of Agriculture as to how that sas, in Louisiana, and in Texas, and, But here is the kicker: program will be administered. So these yes, in Mississippi: Tough luck for you. The only issue that may arise is that Cir- farmers who have been hit by one hur- We have $700 billion for other parts of cular OMB A–87 does not allow one Federal ricane after another don’t know the the country, but we don’t have $1 bil- program to be used for costs allocable to an- rules of the road. They can’t know. So lion for you. Mr. President, that can’t other program and these costs may be allo- they are there wondering if there is be the result. cable to the USDA SURE Program. any help for them. And what do they I thank the Chair, and I thank Sen- And here is the last sentence: see? They see Congress rushing to help ator LANDRIEU for the time. If the CDBG activity is designed to only Ms. LANDRIEU. Mr. President, I Wall Street and understanding that if cover costs USDA will not allow, then it thank the Senator from North Dakota. credit in this country locks up, it is could work. I couldn’t say it better myself, and I not just going to be Wall Street. The Mr. President, I tell my friend from most certainly don’t know it as well as Chairman of the Federal Reserve has North Dakota, if I go home and try to he does, but I wish to read to the Sen- told us that if the credit lockup con- read this paragraph of gobbledygook to ator, before he leaves the floor, some- tinues, 3 to 4 million Americans will my farmers, I wouldn’t blame them for thing that I think will make him even lose their jobs in the next 6 months. So more concerned. trying to find another Senator. I mean, we all understand there is much more I would like to say to the Senator I cannot even understand it myself, yet at risk than Wall Street. Main Street that, in anticipation—because I was I am supposed to go home and tell the is on the line. getting nowhere with my conversa- people whom I represent that this is But what about these farm families? tions, except with good people such as the paragraph I have left Washington What about them? Apparently, there is yourself, and of course Senator HARKIN with? no place in this package for them. And was very interested, Senator LINCOLN, I didn’t think this was sufficient, and the excuse? Well, we have a disaster and Senator HUTCHISON, but others so I make no apologies to my col- program in the farm bill. But the prob- didn’t seem to have a real under- leagues, but as a way of explanation, lem is, it is not in effect and no one standing of this situation despite the the reason I am standing here for this knows the rules of the road because fact that we kept talking. So I wrote a 1 hour is to just testify that this para- USDA hasn’t written them. Talk about letter to HUD, because in the disaster graph is not sufficient. The program is a catch-22. These farmers, these con- package which we are voting on now, not sufficient. stituents of Senator LANDRIEU, these the Senator may know that there is $22 As I speak, I know the powers that be constituents of Senator LINCOLN, these billion of special disaster relief, and in in this Chamber, on both sides, and in constituents of Senator PRYOR are out that there is $6.5 billion of community the White House have been in meeting there in limbo land. They are being development block grant money, for after meeting trying to bail out Wall told: Oh, yes, there is a disaster pro- which we are grateful. That is money Street. Could somebody spend 1 hour or gram for you. But nobody can tell for Louisiana, Texas, Mississippi, and, 2 hours figuring out how to bail out our them what it is because the rules and frankly, the whole part of the country farmers throughout the entire midpart regulations have not yet been drafted. that got hit by the storms. But Hous- of our country? Because this paragraph But it is there, so don’t you worry. And ton alone—the mayor of Houston, just isn’t going to do it. they are thinking: Well, wait a minute, to put this in perspective, was on Mr. CONRAD. Will the Senator yield? where is the help? What am I going to record this week saying that Houston Ms. LANDRIEU. I will yield. do about planting decisions for next alone needs $30 billion. Now let me re- Mr. CONRAD. I have been in the Sen- year because with no money, I can’t fi- peat that. Houston alone may need $30 ate for 22 years, and I have gotten let- nance. With no disaster program yet in billion, and we have $6.5 billion in this ters like that in the past. I know ex- place, without the rules and regula- bill that we are going to spread the actly what they mean. It means ‘‘not tions, what do they take to their bank- best way we can throughout many eligible.’’ They say ‘‘probably it is,’’ er—a newspaper headline that the farm States. with this one little problem, and the bill was passed with the disaster pro- So people would tell me: Senator, little problem is that because there is gram? With the current situation of a you don’t have a problem. Just go get another program—the disaster program

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22540 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 in the farm bill—CDBG cannot be used of the rest of the world’s finances, in don’t make $1 million a minute. They for that purpose. They can write all the large measure, now are so inter- are lucky if they make $1 million in a fancy legal language they want to try connected. So I am not here com- lifetime. I have to go home and tell to make somebody feel better, but we plaining about the time and effort that them not only I wasn’t able to do any- know at the end of the day how much has gone into trying to figure this situ- thing to help them but no one in the money it is going to result in for these ation out. whole Congress could come up with a farmers who have been hit by a dis- What I am complaining about is that plan to help them. I am not going home aster—zero, goose egg, nothing. That is in all of these discussions, no one with that. I am not going home with it. what is going to happen. seems to understand that there is a fi- I am not going home with gobble- Again, the catch-22 your farmers face nancial crisis right now in the heart- degook. I want to read it again in the and farmers all across America face is land that is not being relieved by this last 5 minutes. This was the response I we have a disaster bill that was passed disaster bill we are getting ready to got. Senator, we can’t do anything for as part of the farm bill, but USDA has vote on, nor, to date, have I heard one you, we can’t amend the bill, we can’t not written the regulations—the rules sentence, one phrase, one section, one give you a vote on the floor, we can’t of the road. So, in effect, there is no paragraph that might bring any hope put it in the bailout package, we can’t program available currently, yet the to the thousands of farmers and ranch- put it in the disaster package, we can’t disaster is now. These farmers have ers who never even saw a subprime have a committee meeting, we can’t do been hit now. The question is, Is there loan, who have never filled out an ap- anything. We can’t do anything. That going to be any help for them now? plication for a subprime loan, yet is what I was told all week. Here we have the prospect of a mas- whose crops in the field are rotting, are This is the sheet of paper I am going sive rescue package for the entire unharvestable—not one single word to submit for the RECORD. This is $6.5 country to prevent 3 or 4 million people about them. So I thought it was worth billion. I hope the cameras could see it. from losing their jobs in the next 6 at least 1 hour of this Congress’s time I wish I had it blown up; $6.5 billion. months, and yet we have a need that is to hear that word from me and to hear That is what we are taking home for now. It is immediate. It is not 6 that word from Senator LINCOLN and to all the disasters including Houston, months from now, it is right now. hear that word from Senator CONRAD Galveston, everything else. I was told The Senator is doing the Lord’s and to hear that word from Senator if I needed help for my farmers, I could work, and I hope very much that we PRYOR and to hear that word from Sen- do this: can find a way to get a resolution. ator WICKER and Senator HUTCHISON, Dear Senator, your request to help farm- Ms. LANDRIEU. I thank the Senator who have joined in this effort. ers, this is probably an eligible activity from North Dakota. Again, because I I am going to ask the other Senators under the Community Development Block was able to introduce this bill this to join with us. Many of them are read- Grant Disaster Recovery Program. These morning, I wanted very much for it to ing the document now. Senator HARKIN funds may be used to assist businesses to be introduced with the support of both has it under consideration. Senator create or retain low- and moderate-income Republican and Democratic leaders, jobs and the CBDG Disaster Recovery Pro- SAXBY CHAMBLISS has it under consid- gram allows the States to make grants or and I was able to secure that. As I said, eration. I have expressed to both of loans directly rather than through local gov- the senior Senator from Texas is a co- them, with respect, as leaders of the ernments. The only issue that may arise is sponsor of this bill, and I am certain Agriculture Committee—should they that circular OMB 8–87 [may?] does not allow that sometime before the next few days see anything in this bill that they one Federal program to be used for costs al- she will speak on behalf of the farmers think should be modified or increased locable to another program and these costs of Texas because I myself am aware, or decreased or written in a different may be allocable to the USDA shore pro- having flown over many parts of south- way, the Senator from Louisiana is gram. west Louisiana, what the agricultural most certainly willing to take any If the CDBG is designed to only cover situation in Texas looks like. It is not amendments that they would think costs USDA would not allow, then it quite as bad per capita as Louisiana— necessary to make this work. I am not would work. and, of course, Texas has Galveston, even asking for this, again, to be for I don’t have time to explain this to Bridge City, Houston, and so many Louisiana. This is for the whole coun- my farmers because it doesn’t make other areas affected—but the agricul- try. any sense. The only thing—actually tural hit to Texas is going to be signifi- I have to spend an hour saying $700 nothing makes sense to them. I went cant. billion for Wall Street and zero for home last weekend—and I am going to May I inquire of the Chair how many farmers? It could be said a different wrap up. I have about a minute left. minutes I have remaining? way: $700 billion for financiers, zero for I went home last weekend and told The PRESIDING OFFICER. The Sen- farmers. them I would be there, and hundreds of ator has 18 minutes remaining. If you want to know why people in them came out of the fields with dirt Ms. LANDRIEU. I thank the Chair. America are upset with this bailout, I on their hands, of course, filthy dirt. Mr. President, I think this says it all. could give you several reasons. Let me These are men who had been farming I most certainly am not trying, again, try one big one. The regular people out for decades, who said: Senator, I left to grandstand here because I do under- there, who put boots on in the morning my sons in the field to come meet you. stand the significance of what happens and go to work, direct traffic, run the These are the farmers I met with. They on Wall Street and in Manhattan and daycare centers, teach our kids in said: Senator, what is going on in in many of the financial centers of this school, get on the fire trucks in the Washington? Between the weather re- country, of which New Orleans, wheth- morning, shine shoes, open the grocery ports we have to read and working hard er it is a small city—Merrill Lynch ac- store—they don’t think anyone is lis- in our fields all day, we are having a tually started in New Orleans many tening to them. And they are right. No hard time understanding about this years ago. So I am not unaware of the one is listening to them. Everyone is bailout. Who are we bailing out? Why significance of cities such as Boston listening to the people who have a lot are we bailing them out? And does any- and Manhattan and New Orleans and of money—money, money, money. body know that our crops are under San Francisco and Chicago and the People who work hard every day and water, that we have had the worst dis- well-being of our financial sector and actually put in 14-hour days and maybe aster? our country to operate. I am not un- make—not farmers, because they usu- This disaster for us, may I remind ev- aware of the importance of this finan- ally make more than this—but $8 or $10 eryone, comes 3 years after Katrina hit cial system needing to be secure not an hour, they work hard, they never our State and it was the worst natural just for our people or our institutions heard about a quick buck—there are no disaster and manmade disaster. Let me and our taxpayers but for the world. quick bucks in the life they live. They give you some numbers to illustrate Our economy is so large, and so much don’t make $500 million an hour. They this. When Hurricane Andrew hit, the

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22541 per capita was $58. After the attacks on of my time because I know the Sen- the new grants under this program will the World Trade Center, the per capita ators are anxious for a vote. I couldn’t not be able to grow in accordance with equaled $1,050. But after Katrina and think of a better way to end than with intent of the State and Foreign Oper- Rita hit, the per capita damage shot up an endorsement from the senior Sen- ations Subcommittee. to $4,366. And that number will only in- ator from Mississippi. He and I and his Cooperatives have had a long and crease after all the damage left by Gus- colleague before him, Trent Lott, have beneficial impact on the economy of tav and Ike has been assessed. been through the mill, as they say at my State, and I strongly support the Let me repeat that. No disaster in home, with these storms. Well fought, Cooperative Development Program as the history of the country ever exceed- shoulder to shoulder, side by side. We it supports the growth of cooperatives ed the mark that Katrina and Rita have had disagreements, but we con- as a means of spreading inclusive busi- have left Louisiana, including 9/11 or tinue to work on behalf of the people of nesses in the developing world. This anything. Our disaster in Katrina and Mississippi and Louisiana, the gulf small but effective program enables Rita, from Mississippi and Louisiana, coast. We have said often—he and I U.S. cooperative development organi- exceeded $4,000 per capita. have come to the floor to say this is zations to expand the use of this prac- I know about disasters. I have been America’s working coast. We are Amer- tical and beneficial development tool through the worst one in the history of ica’s energy coast. We are a bread- in our foreign assistance portfolio, and the country. We are just recovering. basket in our farming community for I hope that you can provide some in- We are grateful for the aid. We are still the rice, cotton, sugarcane, and corn. I sight on this issue. struggling. We have communities that appreciate his support. Mr. LEAHY. Mr. President, I thank are still destroyed, neighborhoods with I will be pleased to add him as a co- the Senator from South Dakota for his houses that are worth $600,000 as well sponsor. continued interest in international de- as $50,000, still struggling. The gulf The PRESIDING OFFICER. Without velopment and in the Cooperative De- coast is not back. And then we get hit objection, it is so ordered. velopment Program. I assure him that by this and then I have to go home and Ms. LANDRIEU. Again, I want the the State and Foreign Operations Sub- tell my farmers that we are going to do Senator to understand I would not committee intends to continue our $700 billion for financiers, and nothing have taken this time—and I do not strong support of the Cooperative De- for them? I have to go home and tell take it lightly. I am not here com- velopment Program in the fiscal year them I don’t know what is going on in plaining about something that only af- 2009 State and Foreign Operations ap- this bailout passage, all I can tell you fects Louisiana, although that would propriations bill. is it looks as though the financiers are be meritorious enough. But I am here Mr. JOHNSON. I thank the chairman going to win and you are going to lose saying we cannot talk about a bailout for his support and leadership on this again. of $700 billion for Wall Street and zero issue. I thought before I did that, if at least for the rest of America, particularly DDG—1000 ZUMWALT DESTROYER PROGRAM they could see that I was fighting for our farmers. them and they could see an actual bill I yield the time. Mr. KENNEDY. Mr Chairman, I would like to clarify language included we introduced, that might be helpful. COOPERATIVE DEVELOPMENT PROGRAM I see my good friend, the Senator Mr. JOHNSON. Mr. President, I in the fiscal year 2009 Defense Appro- from Mississippi, here. I would be would like to ask the Senator from priations bill that addresses the Navy’s happy to yield a minute if he wanted to Vermont, the chairman of the State DDG–1000 Zumwalt destroyer program. speak on this, or two? and Foreign Operations Subcommittee, Mr. INOUYE. The bill supports the Mr. COCHRAN. Mr. President, I if he would enter into a colloquy with Navy’s DDG–1000 program, which incre- asked the distinguished Senator to me about the Cooperative Development mentally funds the third ship, directs yield to me because I want to commend Program which is funded in his bill? that a construction contract consistent her for the strong argument she has Mr. LEAHY. Mr. President, I would with the ship’s current acquisition made, the attention she has brought to be pleased to enter into a colloquy with schedule be awarded, and directs that the issue of agricultural disaster both the Senator from South Dakota, Mr. the remaining funds necessary to com- in her State and Texas in particular. JOHNSON. plete the third ship be included in the But this also affects my State, Mis- Mr. JOHNSON. Mr. Chairman, I fiscal year 2010 budget. sissippi. would like to commend your com- Mr. KENNEDY. Mr. Chairman, the Listening to her a little while ago, mittee and all the work it has done to language also identifies a requirement from my office, over the television, promote responsible international de- for the Navy to have future ship- made me think: We do need to address velopment. As you know, our Nation’s building requirements reviewed by the this issue, and why not put language in cooperatives have played a significant Joint Requirements Oversight Council, this bill that would help ensure that role in our international development or JROC, before moving forward with consideration was given? efforts for over 40 years. Mr. Chairman, any modifications to the existing Navy I wish to be listed, if the Senator will your committee has been very sup- shipbuilding program of record and be- permit me, as a cosponsor to her bill. I portive of the Cooperative Develop- fore any funds can be obligated for sur- am pleased to support it and I hope it ment Programs, and I applaud you for face combatants. I understand that is helpful. it. this requirement is a result of signifi- I don’t know whether we have the I am, however, concerned that the cant instability in the Navy’s surface votes. I don’t know what would happen program may suffer due to the con- combatant shipbuilding program; how- in conference. I don’t know what will tinuing resolution. The request for ap- ever, I would like to be clear that the happen when the administration sees plications for the 5-year competitively intent of the bill is to award a contract it. But I think you have made some ex- bid Cooperative Development Program for a third DDG–1000 in fiscal year 2009 cellent points and they need to be ac- is set to be reissued this fall. For a that would be split funded between fis- knowledged by those in charge of our number of years, you and the com- cal year 2009 an fiscal year 2010. programs so ways can be found to help mittee have worked to encourage the Mr. INOUYE. That is correct. I fully these farmers. U.S. Agency for International Develop- expect the Joint Requirements Over- Ms. LANDRIEU. I thank the Senator ment to continue the program’s suc- sight Council to review future Navy from Mississippi. cesses by providing needed increased surface combatant requirements so How much time do I have remaining? funding. As currently configured, this that the results of this review will be The PRESIDING OFFICER. Six min- small program provides funding for available as the Department considers utes remain. eight grants that are on average less future shipbuilding plans and any ad- Ms. LANDRIEU. I am going to wrap than $700,000 per year. I am concerned justments to the program that may be up now in 1 minute and yield the rest that under the continuing resolution, required in future budget submissions.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22542 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 Mr. KENNEDY. Thank you, Mr DISCLOSURE OF EARMARKS AND CON- name of each Senator, House Member, Dele- Chairman. Your support of the GRESSIONALLY DIRECTED SPENDING gate, or Resident Commissioner who sub- Zumwalt program is appreciated. ITEMS mitted a request to the Committee of juris- Mr. BYRD. Mr. President, I ask unan- Following is a list of congressional ear- diction for each item so identified. Neither imous consent that the following dis- marks and congressionally directed spending the bill nor the explanatory statement con- closure of earmarks be printed in the items (as defined in clause 9 of rule XXI of tains any limited tax benefits or limited tar- RECORD. the Rules of the House of Representatives iff benefits as defined in the applicable House There being no objection, the mate- and rule XLIV of the Standing Rules of the and Senate rules. rial was ordered to be printed in the Senate, respectively) included in the bill or RECORD, as follows: this explanatory statement, along with the DIVISION B—DISASTER RELIEF AND RECOVERY

Agency Account Project Amount Requester(s)

Corps of Engineers Construction Lake Pontchartrain and Vicinity, LA $700,000,000 Landrieu, Mary L.; Vitter, David Corps of Engineers Construction West Bank and Vicinity, LA $350,000,000 Landrieu, Mary L.; Vitter, David Corps of Engineers Construction Southeast Louisiana Urban Drainage, LA $450,000,000 Landrieu, Mary L.; Vitter, David FEMA General Provision Concerning flood insurance rate maps in certain areas in MO and IL Durbin, Richard; Costello, Jerry; Shimkus, John FEMA General Provision Communications System, MS Cochran, Thad GSA Federal Buildings Fund Cedar Rapids Courthouse, IA $182,000,000 Harkin, Tom; Grassley, Chuck; Loebsack, Dave

DEFENSE

Requester(s) Account Project Amount House Senate

AP,A Air Warrior-Joint Service Vacuum Packed Life Raft (AW-JSVPLR) $2,400,000 Young (FL) AP,A Aircraft Component Remediation 1,600,000 Sessions AP,A CAAS—Pilot Vehicle Interface 1,600,000 Hinchey Grassley, Harkin, Schumer AP,A Cockpit Air Bag System (CABS) 1,600,000 Pastor AP,A Forward Looking Infrared System for New York National Guard 1,600,000 King (NY), Arcuri, Gillibrand, Hall (NY), Israel Schumer AP,A HH-60A to HH-60L Upgrades for the 204th TN ARNG 8,000,000 Alexander AP,A Light Utility Helicopter 32,600,000 Cochran, Wicker AP,A UH-60 Improved Communications (ARC 220) for the ARNG 1,600,000 Latham, Bishop (UT) Bennett, Grassley, Harkin, Hatch, Landrieu AP,A UH-60 MEDEVAC Thermal Imaging Upgrades 1,600,000 Capps, Hooley Smith, Wyden AP,A UH-60A Rewiring Program 5,000,000 Granger AP,A Vibration Management Enhancement Program 800,000 Graham AP,A Vibration Management Enhancement Program 2,500,000 Feinstein AP,A Vibration Management Enhancement Program (Note: For SC ARNG) 2,000,000 Clyburn AP,AF C-130 Active Noise Cancellation System (ANCS) 1,600,000 Tiahrt AP,AF Civil Air Patrol 5,000,000 Tiahrt Roberts AP,AF F-15 Improved Radio Communications (ARC 210) 2,400,000 Harkin, Hatch, Grassley, Landrieu, Smith, Wyden AP,AF F-15C/D MSOGS Retrofit 5,000,000 Grassley, Harkin AP,AF F-16C Fire Control Computers for the 114th Fighter Wing 1,440,000 Herseth Sandlin Johnson, Thune AP,AF Large Aircraft Infrared Countermeasure for MC-130P aircraft 3,200,000 Martinez AP,AF RC-26B Modernization 7,200,000 Granger, Bishop (GA), Lampson, Rogers (AL) Bingaman, Murray, Nelson (FL), Shelby AP,AF Scathe View for NV ANG 400,000 Berkley, Porter Reid AP,AF SENIOR SCOUT Beyond Line-of-Sight SATCOM Data Link 7,000,000 Cannon Bennett, Hatch AP,AF Smart Bomb Rack Unit (S-BRU) Upgrade 1,600,000 Herseth Sandlin Johnson, Thune AP,AF USAF Senior Scout Digital Rio Raton ELINT System 800,000 Hobson AP,N AAR-47 Missile Advanced Warning System 4,000,000 Young (FL) Nelson (FL) AP,N Advanced Helicopter Emergency Egress Lighting System 1,600,000 Alexander, Melancon Landrieu, Vitter AP,N Advanced Skills Management (ASM) System 1,200,000 Dicks, Inslee Cantwell, Murray AP,N AN/AVS-7 Day Heads-Up Display (DayHUD) 5,000,000 Granger Bond AP,N C4ISR Operations and Training 4,000,000 Murtha AP,N Common ECM Equipment (ALQ-214) 2,800,000 Lugar AP,N Crane NSWC IDECM Depot Capability 1,600,000 Ellsworth Bayh AP,N Direct Squadron Support Readiness Training Program 3,200,000 Byrd AP,N F/A-18 Expand 4/5 Upgrade for USMC 7,600,000 Pickering Cochran, Wicker AP,N Integrated Mechanical Diagnostics Health and Usage Management System and Condition 4,000,000 Burr, Johnson, Leahy, Thune Based Maintenance for the H-53E AP,N Network Centric Collaborative Targeting (NCCT) for P-3C Aircraft 3,200,000 Granger CHEM DEMIL Blue Grass Chemical Agent Destruction Pilot Plant 20,000,000 McConnell

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Requester(s) Account Project Amount House Senate

DHP AFIP/Joint Pathology Center (JPC) Records Digitization and Repository Modernization 20,000,000 Byrd DHP Cancer Immunotherapy and Cell Therapy Initiative (Note: Department of Defense Military 1,600,000 McGovern, Olver Health System Enhancement) DHP Comprehensive Clinical Phenotyping and Genetic Mapping for the Discovery of Autism Sus- 1,600,000 Pryce ceptibility Genes (Note: Within Military Dependents Populations) DHP Copper Antimicrobial Research Program 1,600,000 Arcuri, Costello, Higgins, Loebsack, Murphy (CT) Casey, Dodd, Durbin, Grassley, Harkin, Lieberman, Schumer DHP Customized Nursing Programs 800,000 Bishop (GA) DHP Dedicated Breast MRI System for WRAMC/WRNNMC 1,600,000 Tierney Kennedy DHP Department of Defense Brain Injury Rescue and Rehabilitation Project (BIRR) 1,200,000 Alexander, Melancon DHP Digital Accessible Personal Health Electronic Record 800,000 Harkin DHP DoD/VA Blind Rehabilitation and Training Pilot 800,000 Jefferson Landrieu, Salazar DHP Enhanced Medical Situational Awareness 2,400,000 Kohl DHP Epidemiologic Health Survey at the Iowa Army Ammunition Plant 800,000 Loebsack Harkin DHP Fort Drum Regional Health Planning Organization 640,000 McHugh DHP Hawaii Federal Health Care Network 23,000,000 Inouye DHP Health Research and Disparities Eradication Program 6,500,000 Clyburn DHP Health Technology Integration for Clinical, Patient Records and Financial Management Re- 400,000 Lowey lated to the Military DHP Identifying Health Barriers for Military Recruits 3,000,000 Clyburn DHP Integrated Patient Electronic Records System for Application to Defense Information Tech- 1,200,000 Lee nology DHP Integrated Translational Prostate Disease Research at Walter Reed 4,000,000 Stevens DHP Lung Injury Management Program 1,200,000 Meeks Corker DHP Madigan Army Medical Center Digital Pen 200,000 Smith (WA) DHP Madigan Army Medical Center Trauma Assistance Center 1,600,000 Dicks, Smith (WA) Murray DHP Management of the Wounded Soldier from Air Evacuation to Rehabilitation 2,500,000 Berkley Reid DHP Microencapsulation and Vaccine Delivery 800,000 Edwards (TX) DHP Military Physician Combat Medical Training 1,000,000 Brown (FL) Martinez DHP Military Trauma Training Program 800,000 Ruppersberger DHP Mobile Diabetes Management 1,600,000 Ruppersberger, Sarbanes Cardin DHP Neuregulin Research 1,520,000 Bishop (GA), Lewis (GA), Scott (GA) Isakson DHP Neuroscience Clinical Gene Therapy Center (OSUMC) 800,000 Pryce DHP Operating Room of the Future for Application to Mobile Army Surgical Hospital Improvements 2,400,000 Roybal-Allard DHP Pacific Based Joint Information Technology Center (JITC) 4,800,000 Inouye DHP Pediatric Health Information System for Medical Charting and Research Related to Military 400,000 Lowey Health Care DHP Pediatric Medication Administration Product and Training 800,000 LaHood DHP Pharmacological Countermeasures to Ionizing Radiation 800,000 Ramstad Coleman DHP Proton Therapy 4,800,000 Foster, Davis (IL) Durbin DHP Pseudofolliculitis Barbae (PFB) Topical Treatment 800,000 Bond DHP Research to Improve Emotional Health and Quality of Life of Servicemembers with Disabilities 2,400,000 Castor DHP Reservist Medical Simulation Training Program 800,000 Hobson DHP Security Solutions from Life in Extreme Environments Center 1,200,000 Cummings, Sarbanes Crapo DHP Severe Disorders of Consciousness (IBRF) (Note: Department of Defense Health System En- 6,400,000 Crowley, Pascrell hancement) DHP Stress Disorders Research Initiative at Fort Hood 1,600,000 Edwards (TX) DHP Theater Enterprise Wide Logistics System (TEWLS) 2,000,000 Sestak Casey, Specter DHP Vanadium Safety Readiness 1,600,000 Paul, English, Murphy (CT), Space Brown, Casey, Dodd, Lieberman, Lincoln, Pryor DHP Web-based Teaching Programs for Military Social Work 3,200,000 Roybal-Allard DHP Wide Angle Virtual Environment for USHUS 4,000,000 Van Hollen DPA ALON and Spinel Optical Ceramics 4,000,000 Bono Mack, Higgins, Tierney Feinstein, Kerry DPA Armor and Structures Transformation Initiative—Steel to Titanium 3,200,000 Murtha DPA Automated Composite Technologies and Manufacturing Center 5,000,000 Bishop (UT), Cannon Bennett, Hatch DPA Carbon Foam Program 9,600,000 Byrd DPA Domestic Production of Transparent Polycrystalline Laser Gain Materials 5,200,000 Bilirakis, Brown-Waite, Altmire, Dingell Casey, Levin

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Requester(s) Account Project Amount House Senate

DPA Extremely Large, Domestic Expendable and Reusable Structures Manufacturing Center (EL- 8,000,000 Cramer Cochran, Shelby, Wicker DERS) DPA High Homogeneity Optical Glass 3,200,000 Specter DPA High Performance Thermal Battery Infrastructure Project 3,000,000 Young (FL) DPA Hybrid Plastics and POSS Nanotechnology Engineering Scale-Up Initiative 3,000,000 Cochran, Wicker DPA Lightweight Small Caliber Ammunition Production Initiative 4,200,000 Cochran, Wicker DPA Low Cost Military Global Positioning System (GPS) Receiver 4,000,000 Braley, Loebsack, Boswell Grassley, Harkin DPA Military Lens Fabrication and Assembly 2,400,000 Murtha Specter DPA Production of Miniature Compressors for Electronics and Personal Cooling 1,000,000 Rogers (KY) DPA Reactive Plastic CO2 Absorbent Production Capacity 1,600,000 Biden, Carper DPA Read Out Integrated Circuit Manufacturing Improvement 1,600,000 Simpson Craig, Crapo DPA Silicon Carbide Armor Manufacture Initiative 2,000,000 Bunning DPA Titanium Metal Matrix Composite and Nano Enhanced Titanium Development 3,200,000 Byrd DRUGS Alaska National Guard Counter Drug Program 3,000,000 Stevens DRUGS Appalachia High Intensity Drug Trafficking Area—Tennessee National Guard 4,000,000 Tanner Corker, Alexander DRUGS Hawaii National Guard Counterdrug 3,000,000 Inouye DRUGS Indiana National Guard Counter Drug Program 800,000 Visclosky DRUGS Kentucky National Guard Counterdrug Program 3,600,000 Rogers (KY) McConnell DRUGS Midwest Counterdrug Training Center 5,000,000 Grassley, Harkin DRUGS Multi-Jurisdictional Counter-Drug Program 3,000,000 Young (FL) DRUGS Nevada National Guard Counter Drug Funding Initiative 3,500,000 Berkley Reid DRUGS New Mexico National Guard Counterdrug Support Program 3,200,000 Udall (NM) Bingaman, Domenici DRUGS Northeast Counterdrug Training Center (NCTC) 3,000,000 Cummings Cardin, Specter DRUGS Regional Counter Drug Training Academy, Meridian 2,500,000 Pickering Cochran DRUGS Southwest Border Fence 1,600,000 Hunter DRUGS West Virginia Counter-drug Program 800,000 Byrd GP Helmets to Hardhats 3,000,000 Ryan (OH) Clinton GP Joint Venture Education Program 5,500,000 Inouye GP Presidio Heritage Center 1,750,000 Pelosi GP Project SOAR 4,750,000 Pelosi, Braley Grassley, Harkin GP Special Olympics International 3,000,000 Craig, Harkin GP STEM Education Research Center 5,000,000 LaHood GP USS Missouri 9,900,000 Inouye GP Waterbury Industrial Commons Redevelopment Project 15,000,000 Murphy (CT) Lieberman ICMA Language Mentorship Program Incorporating an Electronic Portfolio 800,000 Boswell ICMA National Drug Intelligence Center 24,500,000 Murtha INTEL Biometric Research 2,000,000 Rockefeller INTEL Intelligence Community Academic Outreach 1,600,000 Hatch INTEL Intelligence Training Program 200,000 Rockefeller INTEL Littoral Net Centric Operations 2,400,000 Rockefeller INTEL National Media Exploitation Center 9,000,000 Rockefeller MILPERS,ANG Crypto-Linguist/Intelligence Officer Initiative 2,720,000 Hagel, Nelson (NE) MILPERS,ANG Joint Interagency Training and Education Center 650,000 Byrd MILPERS,ANG WMD Civil Support Team for Florida 400,000 Young (FL) MILPERS,ANG WMD Civil Support Team for New York State 304,000 Fossella, Bishop (NY), Clarke, Gillibrand, Hall (NY), King (NY), Maloney, McCarthy (NY) MILPERS,ARNG Joint Interagency Training and Education Center 3,600,000 Byrd MILPERS,ARNG WMD Civil Support Team for Florida 1,200,000 Young (FL) MILPERS,ARNG WMD Civil Support Team for New York State 1,627,000 Fossella, Bishop (NY), Clarke, Gillibrand, Hall (NY), King (NY), Maloney, McCarthy (NY) MP,A PATRIOT Tactical Command Station (TCS) / Battery Command Post (BCP) 2,400,000 Sessions, Shelby NDSF RRF Training Ship Upgrades 10,000,000 Delahunt, Olver, Shays, Tsongas Kennedy, Kerry OM,A 49th Missile Defense Battalion Infrastructure and Security Upgrades 2,200,000 Stevens OM,A Air Battle Captain 1,600,000 Pomeroy Conrad, Dorgan OM,A Air-Supported Temper Tent 5,000,000 Rogers (KY)

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Requester(s) Account Project Amount House Senate

OM,A Army Battery Management Program Utilizing Pulse Technology Project 800,000 Sessions OM,A Army Command and General Staff College Leadership Training 1,600,000 Boyda OM,A Army Condition-Based Maintenance 2,400,000 Feinstein OM,A Army Conservation and Ecosystem Management 4,000,000 Inouye OM,A Army Force Generation Synchronization Tool (AST) 2,000,000 Dent, Dingell Specter, Stabenow OM,A Army Manufacturing Technical Assistance Production Program (MTAPP) 1,600,000 Miller (MI), Markey OM,A Army/Marine Corps Interoperability at Echelons above the Brigade 2,400,000 Rahall OM,A Biometrics Operations Directorate Transition 2,000,000 Byrd OM,A Common Logistics Operating Environment (CLOE) System 1,200,000 Moran (VA) OM,A Electronic Records Management Pilot Program 1,200,000 Capito Casey, Lieberman OM,A Family Support for the 1/25th and 4/25th 4,000,000 Stevens OM,A Fort Hood Training Lands Restoration and Maintenance 2,800,000 Carter, Edwards (TX) OM,A Human Resource Command Training 2,000,000 Bunning OM,A Joint National Training Capability—Red Flag/ Northern Edge Training Range Enhancements 14,700,000 Stevens OM,A Ladd Field Paving 2,500,000 Stevens OM,A Lightweight Ballistic Maxillofacial Protection System 3,500,000 Craig, Crapo, Nelson (FL) OM,A Light-weight Tactical Utility Vehicles 3,200,000 Petri, McIntyre OM,A M24 Sniper Weapons System Upgrade 3,200,000 Arcuri Schumer OM,A Modular Command Post Tent 3,000,000 Rogers (KY) OM,A Nanotechnology Corrosion Support 800,000 Rahall OM,A Net Centric Decision Support Environment Sense and Respond Logistics 3,200,000 Bishop (GA) OM,A Operational/Technical Training Validation Testbed 2,400,000 Reyes OM,A Rock Island Arsenal, Building #299 Roof Removal and Replacement, Phase III 5,000,000 Braley, Hare Durbin, Grassley, Harkin OM,A Roof Removal and Replacement at Fort Stewart, GA 2,160,000 Kingston OM,A Sawfly Laser Protective Lenses 3,000,000 Leahy OM,A Soldier Barracks Roof Removal and Replacement at Fort Knox, Kentucky 2,320,000 Lewis (KY) Bunning OM,A Stryker Situation Awareness Soldier Protection Package 2,000,000 Smith (WA) OM,A Subterranean Infrastructure Security Demonstration Program 1,600,000 Kaptur OM,A Training Area Restoration 5,500,000 Stevens OM,A TranSim Driver’s Training at Fort Stewart 4,000,000 Kingston OM,A TranSim Driver’s Training Program 1,200,000 Matheson, Bishop (UT) OM,A Tricon and Quadcon Shipping Containers 1,200,000 Brown (SC) Graham OM,A UAS Center of Excellence 2,400,000 Sessions OM,A UH-60 Leak Proof Transmission Drip Pans 2,000,000 Rogers (KY) OM,A United States Army Sergeants Major Academy Lecture Center Audio-Visual expansion and up- 520,000 Reyes grade OM,A US Army Alaska Bandwidth Shortfalls 3,000,000 Stevens OM,A US Army Alaska Critical Communications Infrastructure 1,300,000 Stevens OM,A WMD Civil Support Team for Florida 300,000 Young (FL) OM,AF 11th Air Force Consolidated Command Center 10,000,000 Stevens OM,AF 11th Air Force Critical Communications Infrastructure 3,200,000 Stevens OM,AF Advanced Ultrasonic Inspection of Aging Aircraft Structures 1,250,000 Cole Inhofe OM,AF Aircrew Life Support Equipment RFID Initiative 800,000 Costello Durbin OM,AF Alaska Civil Air Patrol Strategic Upgrades and Training 800,000 Young (AK) Stevens OM,AF Alaska Land Mobile Radio 2,900,000 Stevens OM,AF Alaskan NORAD Region Communications Survivability and Diversity 3,800,000 Stevens OM,AF ANG Munitions Security Fence 800,000 Eshoo OM,AF Barry M. Goldwater Range Upgrades 800,000 Pastor, Grijalva OM,AF Brown Tree Snake Control and Invasive Species Management at Andersen Air Force Base, 400,000 Bordallo Guam OM,AF C-17 Assault Landing Zone 16,000,000 Stevens OM,AF Center for Space and Defense Studies 600,000 Allard OM,AF Civil Air Patrol 1,360,000 Bennett, Biden, Brownback, Byrd, Cardin, Car- per, Harkin, Hatch, Snowe OM,AF Combined Mishap Reduction System 1,600,000 Frank Kennedy, Kerry, Reed

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Requester(s) Account Project Amount House Senate

OM,AF Defense Critical Languages and Cultures Initiative—Angelo State University 2,400,000 Hutchison OM,AF Demonstration Project for Contractors Employing Persons with Disabilities 2,400,000 Tiahrt OM,AF Department of Defense Wage Issues Modification for USFORAZORES Portuguese National Em- 240,000 Frank ployees OM,AF Diversity Recruitment for Air Force Academy 440,000 Becerra OM,AF Eielson Air Force Base Coal-to-Liquid Initiative 5,000,000 Stevens OM,AF Eielson Utilidors 9,000,000 Stevens OM,AF Electrical Distribution Upgrade at Hickam 8,500,000 Akaka, Inouye OM,AF Engine Health Management Plus Data Repository Center 3,000,000 Murtha OM,AF Engineering Training and Knowledge Preservation System 1,600,000 Davis (KY) OM,AF Expert Knowledge Transfer 1,600,000 Gonzalez OM,AF Joint National Training Capability—Red Flag/ Northern Edge Training Range Enhancements 8,600,000 Stevens OM,AF Joint National Training Capability-Red Flag/ Northern Edge Pacific Alaska Range Complex En- 3,300,000 Stevens vironmental Assessment OM,AF Land Mobile Radios (LMR) 1,600,000 Reid OM,AF MacDill AFB Online Technology Program 1,600,000 Castor OM,AF Military Legal Assistance Clinic 800,000 Brown OM,AF Military Medical Training and Disaster Response Program for Luke Air Force Base 1,600,000 Mitchell OM,AF Minority Aviation Training 3,200,000 Meek OM,AF Mission Critical Power System Reliability Surveys 1,200,000 Davis (CA), Price (NC) Shelby, Specter, Voinovich OM,AF National Center for Integrated Civilian-Military Domestic Disaster (Yale New Haven Health 3,200,000 DeLauro Systems) OM,AF National Security Space Institute 2,800,000 Allard OM,AF Online Technology Training Program at Nellis Air Force Base 2,000,000 Porter OM,AF Program to Increase Minority Contracting in Defense (PIMCID) 5,600,000 Fattah OM,AF Revitalize Buckley AFB Small Arms Training Range 784,000 Salazar OM,AF USAF Engine Trailer Life Extension Program 2,400,000 Reid OM,AFR 931st ARG Manning 4,000,000 Tiahrt OM,ANG 129th Air Rescue Wing Security Towers 200,000 Eshoo OM,ANG Active Noise Reduction Headsets 800,000 Blumenauer, DeFazio, Hooley, Wu Smith, Wyden OM,ANG Atlantic Thunder Quarterly Joint Training Events at the Air National Guard Savannah Combat 400,000 Kingston Readiness Training Center OM,ANG Controlled Humidity Protection (CHP) 1,600,000 Clyburn Graham OM,ANG Crypto-Linguist/Intelligence Officer Initiative 640,000 Hagel, Nelson (NE) OM,ANG DART (DCGS Analysis and Reporting Team) 2,400,000 Voinovich OM,ANG Joint Interagency Training and Education Center 150,000 Byrd OM,ANG MBU 20/P Oxygen Mask with Mask Light 800,000 Dreier OM,ANG National Guard and First Responder Resiliency Training 1,200,000 Brownback OM,ANG Scathe View 400,000 Reid OM,ANG Smoky Hill Range Access Road Improvements 1,600,000 Moran (KS) OM,ANG Smoky Hill Range Equipment 1,600,000 Moran (KS) Brownback OM,ANG Squadron Operations Facility Repair—Phase I 2,200,000 Brownback OM,ANG UAV Technology Evaluation Program 3,000,000 Brownback OM,ANG Unmanned Aerial System Mission Planning 400,000 Brownback OM,ANG Vehicle Fuel Catalyst Retrofit 800,000 Shays OM,ANG Weapons Vaults Upgrade 200,000 Eshoo OM,AR Aviation Support Facilities Expansion Program, Clearwater, FL 1,600,000 Young (FL) OM,ARNG 2nd Generation Extended Cold Weather Clothing System (ECWCS) 3,200,000 Castle Biden, Carper, Mikulski, Reed OM,ARNG Advanced Law Enforcement Rapid Response Training (ALERRT) 1,600,000 Doggett OM,ARNG Advanced Starting Systems 400,000 Lewis (CA) OM,ARNG Advanced Trauma Training Course for the Illinois Army National Guard 2,400,000 LaHood, Davis (IL) OM,ARNG Army National Guard Battery Modernization Program 2,400,000 Bond OM,ARNG Border Joint Operations Emergency Preparedness Center 1,200,000 Cuellar OM,ARNG Colorado National Guard Reintegration Program 1,000,000 Salazar OM,ARNG Columbia Regional Geospatial Service Center System 4,000,000 Hutchison

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Requester(s) Account Project Amount House Senate

OM,ARNG Emergency Satellite Communications Packages (JISCC) 2,800,000 Granger Cornyn OM,ARNG Expandable Light Air Mobility Shelters (ELAMS) and Contingency Response Communications 4,000,000 Durbin, Stabenow System (CRCS) OM,ARNG Exportable Combat Training Capability 3,500,000 Clyburn OM,ARNG Family Assistance Centers 1,600,000 Shuler, Hayes, McIntyre, Miller (NC), Price (NC), Watt OM,ARNG Family Support Regional Training Pilot Program 1,520,000 Gregg, Sununu OM,ARNG Homeland Operations Planning System (HOPS) 2,800,000 Tauscher, McNerney OM,ARNG Integrated Communications for Georgia National Guard Support for Civil Authorities 1,600,000 Kingston Isakson OM,ARNG Jersey City Armory Dining Support Service Rehabilitation Project 400,000 Sires OM,ARNG Joint Forces Orientation Distance Learning 2,400,000 Murtha OM,ARNG Joint Interagency Training and Education Center 5,600,000 Byrd OM,ARNG Minnesota Beyond Yellow Ribbon Reintegration Program 2,000,000 Ellison, McCollum, Oberstar, Peterson (MN), Coleman, Klobuchar Ramstad, Walz OM,ARNG MK 19 Crew Served Weapons Systems Trainer (Engagement Skills Trainer 2000) 328,000 Granger OM,ARNG Mobile Firearms Simulator and Facility Improvements 800,000 Cuellar OM,ARNG National Guard CST/CERFP Sustainment Training and Evaluation Program (STEP) 800,000 Dicks, Hastings (WA) Murray OM,ARNG National Guard Global Education Program 400,000 Rothman Lautenberg, Menendez OM,ARNG Non-foam, Special Polymer Twin Hemisphere Pad Sets for Personnel Armor System for Ground 1,280,000 Tancredo Bayh Troops (PASGT) Helmet Retrofit Kits OM,ARNG Pennsylvania National Guard Integration of the Joint CONUS Communications Support Envi- 2,000,000 Casey ronment (JCCSE) OM,ARNG Rapid Data Management System (RDMS) 5,000,000 Shea-Porter Collins, Gregg OM,ARNG Rescue Hooks/Strap Cutters 800,000 Hooley, Blumenauer, Wu Smith, Wyden OM,ARNG Spray Technique Analysis and Research for Defense (STAR4D) 1,760,000 Braley Grassley, Harkin OM,ARNG Vermont Army National Guard Mobile Back-Up Power 800,000 Sanders OM,ARNG Vermont National Guard Readiness Equipment 792,000 Welch OM,ARNG Vermont Service Member, Veteran, and Family Member Outreach, Readiness, and Reintegra- 3,200,000 Leahy, Sanders tion Program OM,ARNG Weapons Skills Trainer 3,000,000 Keller, Stearns, Brown (FL) Nelson (FL) OM,ARNG WMD—Civil Support Team for Florida 2,300,000 Young (FL) OM,ARNG WMD—Civil Support Team for New York 1,024,000 Fossella, Bishop (NY), Clarke, Gillibrand, Hall (NY), King (NY), Maloney, McCarthy (NY) OM,ARNG Yellow Ribbon—Alaska National Guard 500,000 Stevens OM,DW Aircraft Logging and Event Recording for Training and Safety (ALERTS) 1,600,000 Pomeroy Conrad, Dorgan OM,DW ALCOM Child Care Support for Deployed Forces 2,000,000 Stevens OM,DW Camp Carroll Challenge Infrastructure Improvements 3,000,000 Stevens OM,DW Clinic for Legal Assistance to Servicemembers 400,000 Moran (VA) OM,DW Critical Language Training, SDSU 1,600,000 Filner, Davis (CA) OM,DW Defense Critical Languages and Cultures Program at University of Montana 1,600,000 Baucus, Tester OM,DW Delaware Valley Continuing Education Initiative for National Guard and Reserve 800,000 Schwartz; Gerlach; Murphy, Patrick Lautenberg, Menendez, Specter OM,DW East Asian Security Studies Program 800,000 Sa´nchez, Linda OM,DW Former MARCH AFB Building Demo -- NE Corner 1,200,000 Calvert OM,DW Frankford Arsenal Environmental Assessment and Remediation 1,600,000 Schwartz OM,DW Geospatial Intelligence Analysis Education 1,000,000 Lewis (CA) OM,DW Hunters Point Naval Shipyard Remediation 9,300,000 Pelosi Feinstein OM,DW Intermodal Marine Facility—Port of Anchorage 10,000,000 Stevens OM,DW Joint Tanana Range Access 60,000,000 Murkowski, Stevens OM,DW McClellan AFB Infrastructure Improvements 2,400,000 Matsui Boxer OM,DW Middle East Regional Security Program 2,800,000 Berman OM,DW Military Intelligence Service Historic Learning Center 1,000,000 Pelosi, Honda Akaka OM,DW Norton AFB (New and Existing Infrastructure Improvements) 4,800,000 Lewis (CA) OM,DW Phase II of Stabilization/Repair of MOTBY Ship Repair Facility 6,800,000 Sires Lautenberg, Menendez OM,DW Phased Redeployment Study 2,400,000 Kennedy OM,DW Restoration of Centerville Beach Naval Facility 6,400,000 Thompson (CA) OM,DW SOCOM Enterprise-wide Data and Knowledge Management System 800,000 Young (FL) OM,DW Soldier Center at Patriot Park, Ft. Benning 4,800,000 Bishop (GA)

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Requester(s) Account Project Amount House Senate

OM,DW Special Operations Forces Modular Glove System 800,000 Dicks, Baird, McDermott OM,DW Strategic Language Initiative 1,600,000 Royce, Lofgren, Richardson, Tauscher, Watson Boxer OM,DW Thorium/Magnesium Excavation—Blue Island 1,200,000 Jackson OM,DW Translation and Interpretation Skills for DoD 1,600,000 Farr OM,DW Troops to Pilots Demonstration Project 2,500,000 Stevens OM,DW Web-based Adaptive Diagnostic Assessment for Students (WADAS) 2,000,000 Visclosky OM,MC Acclimate Flame Resistant High Performance Base Layers 1,600,000 Hayes Dole OM,MC Advanced Load Bearing Equipment 1,600,000 Reed OM,MC Cold Weather Layering System (CWLS) 2,400,000 Walberg, Hodes, Rogers (MI), Shea-Porter, Tson- Kennedy, Kerry, Stabenow gas OM,MC Combat Desert Jacket 4,000,000 Castle, Cummings Biden, Carper, Mikulski OM,MC Lightweight Maintenance Enclosure 1,200,000 Davis, Lincoln OM,MC Rapid Deployable Shelters (RDS) or Modular General Purpose Tent System (MGPTS) Type III 1,600,000 Hinchey Schumer OM,MC Telecom Upgrade to MCBH 3,600,000 Inouye OM,MC Ultra Lightweight Camouflage Net System (ULCANS) 2,400,000 Etheridge Burr OM,MC US Marine Corps Installation Access Enterprise Solution Project 800,000 Smith, Wyden OM,N Advanced Technical Information Supports System 760,000 Rahall OM,N Brown Tree Snake Control and Interdiction on Guam 840,000 Hirono OM,N Center for Defense Technology and Education for the Military Services 5,600,000 Farr OM,N Continuing Education Distance Learning at Military Installations 1,200,000 Brown-Waite OM,N CPI-Metamorphose/i3 Technical Data Conversion and Support 2,400,000 Baucus OM,N Digitization, Integration, and Analyst Access of Investigative Files, Naval Criminal Investiga- 4,800,000 Byrd tive Services OM,N Diversity Recruitment for Naval Academy 446,000 Becerra OM,N Energy Education Accreditation for Military Personnel 400,000 Conrad, Dorgan OM,N Institute for Threat Reduction and Response FCCJ 1,200,000 Brown (FL) OM,N Joint Electronic Warfare Training and Tactics Development 2,000,000 Larsen Murray OM,N Mark 75 Maintenance Facility Support and Upgrade 1,600,000 Brady (PA), Sestak Specter OM,N Mk 45 Mod 5 Gun Depot Overhauls 9,000,000 McConnell OM,N Mobile Distance Learning for Military Personnel 800,000 Young (FL) OM,N Modernization/Restoration of Naval Air Station Key West Facilities and Infrastructure 4,800,000 Ros-Lehtinen OM,N Navy Shore Readiness Integration 3,200,000 Dicks OM,N Partnership for the Maintenance of Trauma and Readiness Surgery Skills 760,000 Costa OM,N Personnel Armor System for Ground Troops (PASGT) Helmet Retrofit Kits to Sustain Navy IPE 1,120,000 Tancredo Allard, Bond Pool OM,N PMRF Flood Control 2,500,000 Inouye OM,N Puget Sound Navy Museum 1,280,000 Dicks OM,N SPAWAR Systems Center 800,000 Landrieu, Vitter OM,N Sustainable Maintenance and Repair Technologies for Aircraft Composites 800,000 Crenshaw OM,N U.S. Navy Mobile Condition Assessment System Pilot for Commander, Navy Region Mid-Atlan- 1,000,000 Gerlach tic (CNRMA) OM,N Wireless Pierside Connection System 1,600,000 Crenshaw OP,A 1/25th SIB Range (ATREP) 7,000,000 Stevens OP,A Advanced Field Artillery Tactical Data Systems (AFATDS) 1,600,000 Lincoln, Pryor OP,A Aircraft Landing System 800,000 Klobuchar OP,A All Terrain Ultra Tactical Vehicles 2,400,000 Peterson (MN), Herseth Sandlin, Oberstar, Obey Coleman, Harkin, Klobuchar OP,A AN/PSQ-23 Small Tactical Optical Rifle Mounted Micro-Laser Range Finder 1,200,000 Gregg, Sununu OP,A AN/TSC-156 Phoenix TSST Mobile Satellite Communication Terminals (for Delaware Army Na- 4,000,000 Castle Biden, Carper tional Guard) OP,A Army Aviation—Automatic Identification Technology Life Cycle Asset 2,000,000 Shelby OP,A Army Field Artillery Tactical Data Systems Software for the Kentucky Army National Guard 2,400,000 Chandler OP,A Ballistic Protection for Remote Forward Operating Bases 1,600,000 Allen, Michaud Collins, Salazar, Snowe OP,A Battlefield Anti-Intrusion System (BAIS) 2,400,000 Saxton, Andrews, LoBiondo OP,A Call For Fire Trainer (CFFT) for the Army National Guard 3,200,000 Holden Casey OP,A Call For Fire Trainer II (CFFT II) / Joint Fires and Effects Trainer System 4,500,000 Cole Inhofe OP,A Camp Ripley Minnesota Training Center Aircraft Rescue Fighter (AARF) Vehicles 1,200,000 Oberstar Klobuchar

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Requester(s) Account Project Amount House Senate

OP,A Combat Arms Training Systems (FATS upgrade) 1,600,000 Chambliss, Isakson OP,A Combat Skills Marksmanship Trainer for the Army National Guard 4,000,000 Kingston, Gingrey OP,A Combat Skills Simulation Systems, Ohio Army National Guard 3,720,000 Space, Ryan (OH) OP,A Combined Arms Virtual Trainer for the TN ARNG 4,000,000 Corker OP,A Critical Army Systems Cyber Attack Technology (CASCAT) 1,200,000 Visclosky OP,A Defense Advanced GPS Receiver (DAGR) 2,000,000 Loebsack, Boswell, Braley, King (IA) Grassley, Harkin, Inhofe OP,A Deployable, Mobile Digital Target System for Armor and Infantry, TN ARNG 450,000 Tanner Alexander OP,A Detonation Suppression System 4,000,000 Landrieu, Vitter OP,A Embedded GPS Receivers for the North Carolina ARNG 800,000 Dole OP,A Engagement Skill Trainer 2000 for TN ARNG 800,000 Alexander OP,A Fido Explosive Detector 3,000,000 Inhofe OP,A Fire Suppression Panels 2,500,000 Brownback OP,A Flextrain Exportable Combat Training Capability (XCTC) 800,000 Whitfield, Boswell, Rodriguez, Thompson (CA) Crapo OP,A Fuel Tank Passive Fire Suppression Mod Kit 800,000 Mitchell OP,A Future Combat Support Hospital 3,200,000 Boozman Lincoln, Pryor OP,A Future Medical Shelter System (FMSS) 2,400,000 Welch Dodd, Lautenberg, Leahy, Lieberman, Menendez OP,A Ground Guidance for Army Movement Tracking System 800,000 Coleman, Klobuchar OP,A HMMWV Restraint System Upgrades 3,200,000 Young (FL) OP,A I-HITS for Montana Joint Training 3,000,000 Baucus OP,A Immersive Group Simulation Virtual Training System for HI ARNG 1,200,000 Akaka OP,A Information Technology Upgrades at the Detroit Arsenal 2,000,000 Levin OP,A Instrumentation for Urban Assault Course—TN ARNG 1,400,000 Tanner Alexander OP,A Interoperable Radios for Texas ARNG Disaster Response 800,000 Conaway OP,A Joint Incident Scene Communication Capability 2,000,000 Conaway OP,A Laser Collective Combat Advanced Training System 3,200,000 Ruppersberger Reed OP,A Laser Marksmanship Training System (LMTS) 3,200,000 Kennedy OP,A Life Support for Trauma and Transport (LSTAT) 2,400,000 Richardson, Reyes OP,A Lightweight Maintenance Enclosure (LME) 4,320,000 Davis, Lincoln Alexander OP,A Maritime Domain Awareness Sensors and Software 2,400,000 Murphy, Patrick OP,A Minnesota Army National Guard Armory Emergency Response Generators 704,000 Walz, Oberstar, Peterson (MN) Klobuchar OP,A Minnesota Helicopter Civil Band Radio Communication System 1,300,000 Walz, Oberstar, Peterson (MN) Klobuchar OP,A Minnesota Satellite Multi-Modal Collabortive Crisis and Training Network 2,224,000 Oberstar, Peterson (MN), Walz Coleman, Klobuchar OP,A Mobile Virtual Training Capability (MVTC) 2,500,000 Keller OP,A MQ-5B Hunter UAV 5,000,000 Pickering Cochran, Wicker OP,A Multi-Temperature Refrigerated Container System 2,400,000 Davis (KY) OP,A Muscatatuck Urban Training Center (MUTC) Instrumentation 2,400,000 Ellsworth, Hill, Shuler Bayh, Lugar OP,A New Combat Helmet 2,400,000 Leahy OP,A Radio Personality Modules for SINCGARS Test Sets 2,400,000 Tiahrt Roberts OP,A Remote Activation Munitions System (MI-RAMS) 2,800,000 Lewis (CA) OP,A Retrofit 30th HBCT radios with Embedded SAAMS card 800,000 McIntyre, Hayes OP,A Selective Availability Anti-Spoofing Module (SAASM) Precise Positioning Service (PPS) GPS 1,600,000 Souder, Gallegly Bayh, Lugar OP,A SHERPA Interoperable Deployable Communications System 2,000,000 Melancon OP,A Specialized Reconnaissance Assault Transport System (SRATS) 6,000,000 Hobson OP,A Texas Army National Guard Future Soldier Trainer Program 2,400,000 Lampson OP,A Virtual Interactive Combat Environment for NJ ARNG 4,000,000 Holt, Saxton Lautenberg, Menendez OP,A Warrior Block 0 Sensor Upgrade 1,600,000 McKeon OP,A Wideband Imagery Dissemination System for the ARNG 3,000,000 Cochran OP,AF Air Force Plant 4 (AFP 4) Physical Security Enhancements 2,072,000 Granger OP,AF Alaskan NORAD Region Communications Survivability and Diversity 700,000 Stevens OP,AF ANG-Combat Communications on the Move 1,600,000 Hunter OP,AF Base Low-cost Integrated Surveillance System 4,000,000 Conrad, Dorgan OP,AF Camp Ripley, Minnesota Aircraft Landing System 760,000 Oberstar OP,AF Force Protection Surveillance System 2,000,000 Sanchez, Loretta

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Requester(s) Account Project Amount House Senate

OP,AF Halvorsen Loader 1,600,000 Keller Wicker OP,AF Hawaii ANG Eagle Vision One-Meter SAR and Communications Upgrades 3,500,000 Abercrombie Akaka OP,AF Information Modernization for Processing with Advanced Coating Technologies (IMPACT) 1,600,000 Kingston, Marshall OP,AF Joint National Training Capability-Red Flag/ Northern Edge Training Range Enhancements 8,000,000 Stevens OP,AF Laser Marksmanship Training System (LMTS) 2,400,000 Mikulski OP,AF Life Support Radio Test Sets for the Air National Guard 1,000,000 Tiahrt Brownback OP,AF MacDill AFB Waterside Security System 1,000,000 Young (FL) OP,AF Nanotechnology Equipment for Laboratoriesμ 800,000 Salazar OP,AF NORAD and USNORTHCOM Interoperable Communications 3,000,000 Salazar OP,AF Observations Systems for the 21st Century 3,000,000 McDermott Murray OP,AF Revitalize Buckley AFB Small Arms Training Range 816,000 Salazar OP,AF ROVER Combat Operations Support 2,400,000 Matheson, Bishop (UT) Hatch OP,AF Science, Engineering, and Laboratory Data Integration (SELDI) 800,000 Bishop (UT) Bennett, Hatch OP,AF Secure Network Infrastructure—Toledo ANG 800,000 Kaptur OP,AF Tactical Air Control Extreme Shelter Program 2,400,000 Salazar Bingaman, Domenici, Salazar OP,AF Unmanned Threat Emitter (UMTE) Modernization 4,000,000 Berkley, Higgins, Renzi Reid, Schumer OP,N 66 foot Coastal Command Boat (CCB) 5,000,000 Dicks Cantwell, Murray OP,N Advanced Ground Target Threat Simulators 1,280,000 Gallegly OP,N Advanced Maintenance and Environmental Monitoring Technologies for Public Shipyards 2,400,000 Shea-Porter OP,N Advanced Mission Extender Device Kits 2,000,000 Leahy OP,N Aegis Land Based Test Site Upgrades 4,000,000 Miller, Gary OP,N Airborne Laser Mine Detection System 2,400,000 Weldon OP,N AN/SPQ-9B Surface Ship Radar 4,300,000 Ackerman, Bishop (NY), Israel, McCarthy (NY) Schumer OP,N AN/WSN-7 Fiber Optic Gyro System Upgrades 3,000,000 Goode Warner, Webb OP,N Canned Lube Pumps for LSD-41/49 Ships 2,000,000 Myrick, Hayes Dole OP,N Communications Data Link System for Capital Ships 1,600,000 Hunter OP,N Condition-Based Inspection Technologies for Propulsion Equipment 800,000 Walsh OP,N CVN Propeller Replacement Program 5,000,000 Taylor Cochran, Wicker OP,N Enhanced Detection Adjunct Processor 3,200,000 Kaptur OP,N Gateway System 4,800,000 Mica OP,N High Performance Computing Capability 800,000 Hunter OP,N High Speed Aluminum Towable Boat Lifts 4,000,000 Cantwell, Murray OP,N Integrated Voice Communications System for the SSN-688I 3,000,000 Lautenberg, Menendez OP,N Jet Fuel (JP-5) Electric Valve Operators 2,400,000 King (NY), Bishop (NY), Israel, McCarthy (NY) Schumer OP,N LSD Main Propulsion Diesel Engine Upgrade 4,800,000 Kohl OP,N LSD-41/49 Diesel Engine Low Load Upgrade Kit 1,600,000 Baldwin Kohl OP,N Man Overboard Identification (MOBI) System 2,800,000 Visclosky, Davis (CA) Akaka, Bayh, Warner, Webb OP,N MCM-1 Class Combat System Upgrades/Acoustic Generators 1,000,000 Boyd OP,N Multi Climate Protection System 2,000,000 Tsongas, Hodes, Olver, Rogers (MI), Shea-Porter, Kennedy, Kerry, Stabenow Walberg OP,N NIROP Industrial Facilities Materials Staging Area 3,200,000 Mollohan OP,N PHNSY Upgrades 4,000,000 Inouye OP,N Remote Monitoring and Troubleshooting Project 2,500,000 Shelby OP,N Shipboard Network Protection System 1,600,000 Moran (VA) OP,N Standardized Metrics Assessment of Readiness Training 3,500,000 Kennedy Reed OP,N Virtual Perimeter Monitoring System 2,400,000 Mikulski P,DW Electronic Warfare Simulator 2,400,000 Holt P,DW Expansion of the Mobile Forensic Laboratories and Forensic Technical Assistance and Train- 3,200,000 Young (FL) ing Support Center of Excellence P,DW Final-E-Curfew,Mid Range Radio Frequency Operations 1,600,000 Weldon P,DW Joint Biological Standoff Detection System 4,000,000 Shelby P,DW Joint Chemical Agent Detector 4,000,000 Bartlett, Herseth Sandlin, Ruppersberger Mikulski P,DW LA-5/PEQ Integrated Small Arms Illuminator 1,200,000 Gregg P,DW M53 Individual Protective Mask 1,600,000 Levin

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Requester(s) Account Project Amount House Senate

P,DW Mission Helmet Recording System 2,400,000 Gregg, Sununu P,DW MK47 Mod 0 Advanced Lightweight Grenade Launcher 3,600,000 Collins, Snowe P,DW Multi-Band Multi-Mission Radio (MBMMR) 1,600,000 Souder, Castor, Young (FL) P,DW Reactive Skin Decontamination Lotion 3,280,000 Cochran P,DW Simple Imagery Access with FalconView 400,000 Moran (VA) P,DW Small Arms Training Ranges 2,000,000 Ensign, Reid P,DW SOF Combat Assault Rifle 3,000,000 Graham P,DW SOVAS Hand Held Imager/Long Range 2,400,000 Kennedy, Kerry P,DW SOVAS Handheld Imager/Pocket 2,500,000 Gregg, Sununu P,DW Special Operations Craft-Riverine 2,880,000 Taylor Cochran, Wicker P,MC 2kW MTG Diesel Generator Rapid Replenishment 800,000 Garrett, Pascrell, Rothman Lautenberg, Menendez P,MC Combat Casualty Care Equipment Upgrade Program 3,200,000 Spratt, Barrett Graham P,MC Combat Tactical Support Trailer 2,200,000 Murtha P,MC IP Distribution Box and Category 5E Cable Upgrades for Improved Combat Operations Com- 2,500,000 Graves Bond munications P,MC Nitrile Rubber Collapsible Storage Units 1,200,000 Taylor Cochran P,MC On Board Vehicle Power Kits for MTVR 10,000,000 Kohl P,MC Performance Enhancements for Information Assurance and Information Systems 6,400,000 Cochran, Wicker P,MC Portable Armored Wall System for VCP 800,000 Sestak P,MC Sniper Training System (STS) 3,600,000 Maloney P,MC Tactical Video Capture System 3,200,000 Lewis (CA) PA,A 60mm Mortar, All Types 1,600,000 Ross Lincoln, Pryor PA,A Ammunition Production Base Support (Scranton AAP)—Electrical Substations Upgrade 1,920,000 Kanjorski, Carney Casey, Specter PA,A Cartridge, 105mm High Explosive Plastic-Tracer, M393A3 HEP-T 1,200,000 Radanovich PA,A CTG, Arty, 155mm, All Types 1,600,000 Ross Lincoln, Pryor PA,A CTG, Mortar, 120mm, All Types 1,600,000 Ross Lincoln, Pryor PA,A Grenade Incendiary Thermite AN-M14 1,600,000 Ross PA,A Grenades, All Types 4,000,000 Ross Lincoln, Pryor PA,A Holston Army Ammunition Plant Critical Reliability Enhancement 1,600,000 Davis, David PA,A M769, Mortar, Full Range Practice Cartridge 4,000,000 Kanjorski Specter PA,A Rapid Wall Breaching Kit (RWBK) 3,200,000 Whitfield, Rogers (KY) McConnell PA,A Small Caliber Trace Charging Facilitization Program 1,200,000 Shimkus, Costello, LaHood Brownback PA,A Supercritical Water Oxidation, Bluegrass Army Depot 1,700,000 Bunning PA,AF McAlester Army Ammunition Plant Bomb Line Modernization 1,600,000 Boren Inhofe PA,AF PGU-14 API Armor Piercing Incendiary, 30mm Ammunition 2,400,000 LaHood, Costello, Obey PANMC Grenades, All Types 1,600,000 Lincoln, Pryor RDTE,A National Center of Opthamology Training and Education at Wills Eye Center 1,000,000 Brady (PA) RDTE,A 101st Airborne Injury Prevention & Performance Enhancement Research Initiative 2,000,000 Alexander, Corker RDTE,A 21st Century Command, Control, and Communications Technology 640,000 Holt RDTE,A 3D2 Advanced Battery Technology 4,000,000 LaHood Durbin RDTE,A 5.56mm Aluminum Cartridge Case, Lake City Army Ammunition Plant 1,000,000 Graves Bond, Crapo RDTE,A Academic Support and Research Compliance for Knowledge Gathering 2,000,000 Roberts RDTE,A Accelerated Materials Development and Characterization 2,500,000 Herseth Sandlin Johnson RDTE,A Accelerating Treatment for Trauma Wounds 1,200,000 Stearns, Crenshaw Nelson (FL) RDTE,A Acid Alkallne Direct Methanol Fuel Cell Technology 2,800,000 McIntyre, Price (NC) RDTE,A Adaptive Infrastructure for SOF Experimentation 2,400,000 Hoyer RDTE,A Adaptive Lightweight Materials for Missile Defense 1,600,000 Baucus, Tester RDTE,A Advance Stand off Technologies for National Security 1,200,000 Boyd Nelson (FL) RDTE,A Advanced Cargo Projectile Technology 1,200,000 Hastings (WA) RDTE,A Advanced Cavitation Power Technology 4,400,000 Cochran RDTE,A Advanced Cluster Energetics 3,200,000 Frelinghuysen, Payne Lautenberg, Menendez RDTE,A Advanced Commercial Technology Insertion for Aviation and Missile Research, Development, 2,400,000 Everett Shelby and Engineering RDTE,A Advanced Communications ECM Demo 1,600,000 Holt

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Requester(s) Account Project Amount House Senate

RDTE,A Advanced Composite Armor for Force Protection 1,600,000 Coble RDTE,A Advanced Composites for Light Weight, Low Cost Transportation Systems using 3+ Ring Ex- 2,400,000 Stupak truder RDTE,A Advanced Conductivity Program (ACP) 3,500,000 Young (FL) RDTE,A Advanced Corrosion Protection for Military Vehicles 2,400,000 Kohl RDTE,A Advanced Demining Technology 5,900,000 Leahy RDTE,A Advanced Detection of Explosives (ADE) 2,400,000 Young (FL) RDTE,A Advanced Digital Hydraulic Hybrid Drive System 2,000,000 Upton, Ramstad Coleman, Klobuchar, Levin, Stabenow RDTE,A Advanced Drivetrains for Enhanced Mobility and Safety 1,600,000 Upton, Walberg Stabenow RDTE,A Advanced Electronics Rosebud Integration 3,200,000 Herseth Sandlin Johnson, Thune RDTE,A Advanced Energy Storage Development for Renewable Energy Generation 1,200,000 Schwartz Casey RDTE,A Advanced Environmental Control Systems 5,500,000 Reid RDTE,A Advanced Fuel Cell Research Program 3,000,000 Poe Cornyn, Hutchison RDTE,A Advanced Functional Nanomaterials for Biological Processes 2,000,000 Snyder Lincoln, Pryor RDTE,A Advanced Fuzing Technologies 3,600,000 Bartlett Byrd RDTE,A Advanced Hybrid Electric Vehicle Technologies for Fuel Efficient Blast Protected Vehicles 1,200,000 Graham RDTE,A Advanced Hypersonic Weapon Technology Demonstration 2,400,000 Everett, Aderholt Shelby, Wicker RDTE,A Advanced IED Jammer Research and Development Program 2,000,000 Honda, Holt, Lofgren RDTE,A Advanced Lightweight Gunner Protection Kit 1,200,000 Altmire RDTE,A Advanced Lightweight Multi-Functional Multi-Threat Composite Armor Technology 2,400,000 Rangel Schumer RDTE,A Advanced Lithium Iron Phosphate Battery System for Army Combat Hybrid HMMWV and Other 2,000,000 Dingell Levin, Stabenow Army Vehicle Platforms RDTE,A Advanced Live, Virtual, and Constructive (LVC) Training Systems 1,600,000 Latham Grassley, Harkin RDTE,A Advanced Lower Limb Prostheses for Battlefield Amputees 1,600,000 Markey, McGovern Kennedy, Kerry RDTE,A Advanced Magnetic Nanosensors for Defense Applications 4,800,000 Fortenberry Hagel, Nelson (NE) RDTE,A Advanced Manufacture of Lightweight Components 2,400,000 Kohl RDTE,A Advanced Materials and Process For Armament Structures (AMPAS) 2,400,000 Regula, Sutton Brown RDTE,A Advanced Medical Multi-Missions and CASEVAC Roles (Note: VTOL man rated UAG/UGV) 800,000 Harman RDTE,A Advanced Medium Caliber Tungsten Penetrators 1,600,000 Murphy, Tim RDTE,A Advanced Modeling Technology for Large Structure Titanium Machining Initiative 800,000 Ramstad Coleman, Klobuchar, Stabenow RDTE,A Advanced Performance Transparent Armor for Tactical Wheeled Vehicles 1,200,000 Altmire RDTE,A Advanced Portable Power Institute 1,600,000 Gordon Corker RDTE,A Advanced Prototyping with Non-Traditional Suppliers 3,200,000 Rothman Lautenberg, Menendez RDTE,A Advanced Radar Transceiver IC Development 800,000 Harman, Hayes RDTE,A Advanced Rarefaction Weapon Engineered System 2,400,000 Kaptur RDTE,A Advanced Regenerative Medicine Therapies for Combat Injuries 3,000,000 Doyle Casey, Specter RDTE,A Advanced Restoration Therapies in Spinal Cord Injuries 2,000,000 Hoyer, Ruppersberger Cardin, Mikulski RDTE,A Advanced Soldier Portable Power Systems Technologies 1,600,000 Cochran, Wicker RDTE,A Advanced Strap Down Seeker 5,000,000 Gregg, Sununu RDTE,A Advanced Surface Technologies for Prosthetic Development 1,600,000 Baucus, Tester RDTE,A Advanced Tactical 2KW External Combustion Power Sources for Cogeneration Applications 2,400,000 Hastings (WA) Cantwell, Murray RDTE,A Advanced Tactical Fuels for the U.S. Military 4,000,000 Conrad, Dorgan RDTE,A Advanced Technologies, Energy and Manufacturing Science 5,000,000 Frelinghuysen RDTE,A Advanced Thermal Management System 2,400,000 Stupak Levin RDTE,A Advanced Thermal Processing of Packaged Combat Rations 1,680,000 Gingrey Isakson RDTE,A Advanced UV Light Diode Sensor Development 1,600,000 Clyburn Graham RDTE,A Advanced Wireless Technologies 1,200,000 Sestak Casey, Schumer, Specter RDTE,A Aerial Canopy MASINT System 1,600,000 Rogers (KY) RDTE,A Aerial Firefighting—Precision Container Aerial Delivery System (PCADS) 2,320,000 Rohrabacher RDTE,A Affordable Light-Weight metal matrix composite armor 1,600,000 Reid RDTE,A Air, Space and Missile Defense Architecture Analysis Program (A3P) 1,200,000 Aderholt, Rogers (AL) Sessions RDTE,A Airborne Threats 1,500,000 Stevens RDTE,A Aircraft Structural Condition Monitoring (ASCM) 1,600,000 Cramer RDTE,A Alliance for NanoHealth (Note: Department of Defense Military Health Enhancement) 3,200,000 Culberson

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Requester(s) Account Project Amount House Senate

RDTE,A ALQ-211 Networked EW Controller 1,600,000 Pascrell Lautenberg, Menendez RDTE,A Alternative Power Technology for Missile Defense 4,000,000 Herseth Sandlin Johnson, Thune RDTE,A Angiogenesis and Tissue Engineering Research 1,200,000 Capuano RDTE,A Antiballistic Windshield Armor 3,600,000 Donnelly, Clyburn Bayh, Graham, Lugar RDTE,A Anti-Terror Medical Technology Program 2,800,000 Rothman, Pallone Lautenberg, Menendez RDTE,A Applied Communications and Information Networking (ACIN) 3,200,000 Andrews, LoBiondo Casey, Lautenberg, Menendez RDTE,A Applied Power Management Control and Integration 800,000 Levin, Stabenow RDTE,A Arabic Language Training Program 960,000 Brownback RDTE,A Armament Systems Engineering—ASEI2 3,200,000 Frelinghuysen, Sires RDTE,A Army Applications of Direct Carbon Fuel Cells 800,000 Regula RDTE,A Army Aviation Weapon Technology 800,000 Aderholt, Rogers (AL) Shelby RDTE,A Army Center of Excellence in Acoustics 4,400,000 Cochran RDTE,A Army Missile and Space Technology Initiative 1,600,000 Sessions RDTE,A Army Responsive Tactical Space (ARTS) 2,400,000 Cochran RDTE,A Army Responsive Tactical Space System Exerciser (ARTSSE) 2,000,000 Aderholt, Cramer Sessions, Shelby RDTE,A Asymmetric Threat Response and Analysis Program (ATRAP) 2,400,000 Giffords RDTE,A Automated and Portable Field System for the Rapid Detection and Diagnosis of Diseases 1,600,000 Kuhl RDTE,A Automated Communications Support System for Warfighters, Intelligence Community, Lin- 1,600,000 Chambliss, Isakson guists, and Analysts RDTE,A Automated Language and Cultural Analysis for National Security 2,000,000 Hoyer, Cummings, Edwards (MD), Sarbanes, Van Cardin, Mikulski Hollen RDTE,A Automatic Aim-Point Targeting Technology with Enhanced Imaging 2,000,000 Weiner RDTE,A Autonomous Cargo Acquisition for Rotorcraft Unmanned Aerial Vehicles 2,400,000 Cramer, Aderholt Shelby RDTE,A Auxiliary Power Unit (APU) for the Abrams M1/A2 Tank 2,400,000 Sarbanes, Bartlett, Ruppersberger Cardin, Mikulski RDTE,A Ballistic Armor Research 3,200,000 Dent Specter RDTE,A Ballistic Precision Aerial Delivery System (BPADS) 1,000,000 Larson, Taylor Wicker RDTE,A Base Security Systems 1,200,000 Rogers (MI) Stabenow RDTE,A Battlefield Asset Recovery Decontamination System (BARDS) 1,600,000 Clay RDTE,A Battlefield Connectivity 1,600,000 Moran (VA) RDTE,A Battlefield Exercise and Combat Related Spinal Cord Injury Research (Miami Project) 800,000 Brown-Waite RDTE,A Battlefield Nursing Program 1,600,000 Cohen RDTE,A Battlefield Plastic Biodiesel 1,600,000 King (IA), Boswell, Latham Grassley, Harkin RDTE,A Battlefield Research Accelerating Virtual Environments for Military Individual Neuro Disorders 800,000 Harman Boxer (BRAVEMIND) RDTE,A Battlefield Tracheal Intubation 4,200,000 Nelson (NE) RDTE,A Battlefield Treatment of Hemorrhagic Shock 800,000 Cohen RDTE,A Behavior and Neuroscience, Fuctional Magnetic Resonance Imaging Research Project 800,000 Herseth Sandlin RDTE,A Beneficial Infrastructure for Rotorcraft Risk Reduction Demonstrations 800,000 Sestak RDTE,A Bio-Battery 800,000 Cramer RDTE,A Biodefense Tech Transfer Initiative (BTTI) (only for militarily relevant technology) 1,500,000 Cardin, Mikulski RDTE,A Bioelectrics Research for Casualty Care and Management 1,600,000 Scott (VA) Warner, Webb RDTE,A Biological Air Filtering System Technology 1,600,000 Berry Lincoln, Pryor RDTE,A Biological and Immunological Infectious Agent and Cancer Vaccine Research 800,000 Capuano RDTE,A Biomass-to-Liquid Using Synthetic Enzymes 2,000,000 Visclosky Bingaman RDTE,A Biometrics DNA Applications 1,600,000 Byrd RDTE,A Biosecurity for Soldier Food Safety 1,600,000 Roberts RDTE,A Biosensor, Communicator and Controller System 5,000,000 Reid RDTE,A Blast Damage Assessment Risk Analysis and Mitigation Application—Enhancements 800,000 Young (AK) (BRAMA-E) RDTE,A Blood Safety and Decontamination Technology 1,600,000 DeLauro, McDermott Coleman RDTE,A Blood, Medical & Food Safety Via Eco-Friendly Wireless Sensing 1,000,000 Coleman, Klobuchar RDTE,A BLOS Network for MASINT Sensors 800,000 Moran (VA) RDTE,A Border Security and Defense Systems Research 1,600,000 Hutchison RDTE,A Boston University Photonics Center 3,200,000 Capuano Kennedy, Kerry RDTE,A Brain Interventional-Surgical Hybrid Initiative 1,600,000 Wasserman Schultz

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22554 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 DEFENSE—Continued

Requester(s) Account Project Amount House Senate

RDTE,A Brain, Biology, and Machine Applied Research 1,600,000 DeFazio, Hooley, Walden, Wu Smith, Wyden RDTE,A Brownout Sensor Visualization and Hazard Avoidance System 800,000 Cramer, Aderholt Shelby RDTE,A Brownout Situational Awareness Sensor 1,600,000 Hunter RDTE,A Burn and Shock Trauma Institute 2,000,000 Durbin RDTE,A C4ISR Auxiliary Power Unit (APU) for Soldier Tactical Applications 1,600,000 Sherman RDTE,A CAMEL—Water transport system 800,000 Bond RDTE,A Cancer Prevention Through Remote Biological Sensing 1,600,000 Bishop (NY) Schumer RDTE,A Capability Expansion of Spinel Transparent Armor Manufacturing 5,120,000 Salazar Allard, Salazar RDTE,A Carbon Nanotube Production 1,200,000 Hutchison RDTE,A Cellular Therapy for Battlefield Wounds (Phase II) 1,600,000 Jones (OH) RDTE,A Cellulose Nanocomposite Panels for Enhanced Blast and Ballistic Protection 2,400,000 Michaud, Allen Collins, Snowe RDTE,A Center for Advanced Energy Storage Research and Technology 1,600,000 Levin, Stabenow RDTE,A Center for Advanced Vehicle Technology and Fuel Development 800,000 Levin RDTE,A Center for Aerospace Human Factors Research and Innovation 800,000 Conrad, Dorgan RDTE,A Center for Borane Technology 2,000,000 Bond RDTE,A Center for Education in Nanoscience and Nanotechnology 640,000 Braley Grassley, Harkin RDTE,A Center for Information Assurance 800,000 Scott (VA) Warner, Webb RDTE,A Center for Injury Biomechanics 3,200,000 Boucher, Goode, Moran (VA) Warner, Webb RDTE,A Center for Integration of Medicine and Innovative Technology 8,000,000 Capuano, Lynch Kennedy, Kerry RDTE,A Center for Nanoscale Bio-sensors as a Defense against Biological Threats to America 800,000 Boozman, Ross RDTE,A Center for Ophthalmic Innovation (Note: Department of Defense Military Health System En- 2,400,000 Diaz-Balart, Mario; Ros-Lehtinen Nelson (FL) hancement) RDTE,A Center for Untethered Healthcare 1,000,000 McGovern Kennedy, Kerry RDTE,A Center of Cardiac Surgery Robotic Computerized Telemanipulation (Note: as part of a Com- 1,600,000 Brady (PA), Gerlach prehensive Approach to Advanced Heart Care) RDTE,A Center of Excellence for Military Operations in Urban Terrain and Cultural Training 3,000,000 Crenshaw Nelson (FL) RDTE,A Center of Excellence in Integrated Sensor Systems (CEISS) 600,000 Cramer RDTE,A Center of Genetic Origins of Cancer (Note: Department of Defense Military Health System En- 2,400,000 Dingell Stabenow hancement) RDTE,A Ceramic and Metal Matrix Composite (MMC) Armor Development using Ring Extruder Tech- 800,000 Stupak nology RDTE,A Ceramic Membrane Battery Systems 1,200,000 Schwartz Casey, Specter RDTE,A CERDEC Airborne and Ground Wideband Digital Communications and Antenna Testbed 1,600,000 Smith (NJ) RDTE,A CH-47 Chinook Helicopter: Accessory Gear Box (AGB) Improvement 800,000 Regula Dodd, Lieberman, Voinovich RDTE,A CH-47 Integrated Vehicle Health Management System (IVHMS) 3,200,000 Leahy RDTE,A Chemical and Biological Protective Hangars 2,240,000 Hulshof RDTE,A Chemical and Biological Threat Protection Coating 2,400,000 Barrett Graham RDTE,A Chronic Tinnitus Treatment Program 1,000,000 Dent RDTE,A Clinical Looking Glass Project (Note: To Enhance the capabilities of Fort Drum, New York 800,000 Engel Military Health System) RDTE,A Close Combat Missile Modernization (Javelin) 3,700,000 Brown (FL), Everett Sessions, Shelby RDTE,A Cogeneration for Enhanced Cooling and Heating of Advanced Tactical Vehicles 2,400,000 Kohl RDTE,A Co-Generation of Power and Air Conditioning 800,000 Shays Dodd, Lieberman RDTE,A Cold Regions Test Center Distributed Test Coordination Cell 1,500,000 Stevens RDTE,A Cold Springs Harbor Laboratory—Women’s Cancer Genomics Center (Note: Department of De- 2,800,000 McCarthy (NY), Lowey fense Military Health System Enhancement) RDTE,A Columbia College Chicago Construct Program 800,000 Durbin RDTE,A Combat Mental Health Initiative 2,400,000 Kaptur RDTE,A Combat Stress Intervention Program (CSIP) 2,400,000 Murtha RDTE,A Combat Vehicle Electrical Power-21st Century (CVEP-21) 800,000 Bayh, Lugar RDTE,A Combat Wound Initiative at WRAMC 1,600,000 Byrd, Reed RDTE,A Command and Control, Communications and Computers (C4) module 1,200,000 Young (AK) RDTE,A Commercially Viable Si/C Power Semiconductors Using Superlattice Technology 2,560,000 Gillibrand, Maloney Schumer RDTE,A Common Remote Stabilized Sensor System (CRS3) 2,800,000 Emerson Bond RDTE,A Compact Eyesafe Tactical Laser 1,200,000 Grijalva RDTE,A Compact MVCC Soldier Cooling System 1,600,000 Young (FL)

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22555 DEFENSE—Continued

Requester(s) Account Project Amount House Senate

RDTE,A Compact Pulsed Power Initiative 3,000,000 Neugebauer, Conaway Hutchison RDTE,A Compact, Day and Night CMOS Camera for Mini and Micro UAVs 2,000,000 Inslee RDTE,A Complementary & Alternative Medicine Research for Military Operations & Healthcare 5,000,000 Harkin RDTE,A Complete Molten Carbonate Fuel Cell Demonstrator—Parks Reserve Forces Training Area 1,600,000 McNerney RDTE,A Composite Applied Research and Technology for FCS and Tactical Vehicle Survivability 3,000,000 Castle Biden, Carper RDTE,A Composite Bottles for Survival Egress Air 2,000,000 Crapo RDTE,A Composite Small Main Rotor Blades 1,600,000 Tiahrt Brownback, Dodd RDTE,A Composite Structure Design 1,600,000 Johnson (GA) RDTE,A Composite Tissue Allotransplantation Research and Clinical Program 1,600,000 Yarmuth RDTE,A Condition Based Maintenance and Mission Assuredness for Ground Vehicles 2,400,000 Knollenberg Isakson, Levin, Stabenow RDTE,A Consortium for Bone and Tissue Repair and Regeneration 800,000 Emerson RDTE,A Constant Look Operational Support Environment (CLOSE) 1,600,000 Young (AK) RDTE,A Control of Inflammation and Tissue Repair 3,200,000 Inslee, McDermott Cantwell, Murray RDTE,A Control of Vector-Borne Diseases 1,200,000 Visclosky RDTE,A Control System for Laser Powder Deposition 500,000 Herseth Sandlin Johnson, Thune RDTE,A Controlled Release of Anti-Inflammatory and tissue Repair Agents from Prothestic Devices 6,000,000 Blunt and Burn Treatment RDTE,A Conversion of Municipal Solid Waste to Renewable Diesel Fuel 1,600,000 Rothman, Bartlett, Moran (VA), Payne Bayh, Lautenberg, Menendez, Specter RDTE,A Copper Air Quality Program 2,000,000 Whitfield Wicker, Lieberman RDTE,A Corneal Wound Repair 5,400,000 Blunt RDTE,A Counter-IED Force Protection Program 2,000,000 Holt RDTE,A C-RAM Armor Development 800,000 Moran (VA) RDTE,A Crosshairs Hostile Fire Indicating System 2,000,000 Cornyn RDTE,A Cutting Tools and Materials for Aerospace 800,000 Grijalva RDTE,A Cyber Threat Analytics 2,400,000 Lewis (CA) RDTE,A Defense Applications of Carbonate Fuel Cells 1,600,000 Larson RDTE,A Defense Helicopter Power Dense Transmission 1,280,000 Barrow Isakson RDTE,A Defense Materials Technology Center 3,000,000 Regula, Ryan (OH) Brown RDTE,A Demonstration/Evaluation project at Travis Air Force Base, California, to develop a green- 400,000 Tauscher house gas inventory and footprint utilizing a web-based Environmental Management Infor- mation System (EMIS) RDTE,A Depleted Uranium Sensing and Treatment for Removal (DUSTR) Program 4,000,000 Cochran RDTE,A Deployable Space and Electronic Warfare Analysis Tools 800,000 Lamborn Casey RDTE,A Detection Algorithms and Software for Force Protection 1,600,000 Reed, Whitehouse RDTE,A Detection, Mitigation and Neutralization of High Explosive, Remotely Detonated Devices 3,500,000 Bond RDTE,A Development of Drugs for Malaria and Leishmaniasis in US Military and Civilian Personnel 3,400,000 Cochran RDTE,A Development of Enabling Chemical Technologies for Power from Green Sources 1,200,000 Olver RDTE,A Development of Improved Lighter-Weight IED/EFP Armor Solutions 1,000,000 Tiahrt Roberts RDTE,A Development of Truck Deployed Explosive Containment Vessel 1,600,000 Reid RDTE,A Developmental Mission Integration 4,000,000 Frelinghuysen RDTE,A Dielectrically Enhanced Sensor Systems (DESS) 1,200,000 Cochran, Wicker RDTE,A Diminishing Manufacturing Sources and Material Shortages Case Resolution Program 2,400,000 Knollenberg, Miller (MI), Levin Levin, Stabenow RDTE,A Direct Methanol Fuel Cell Battery Recharger Program 2,400,000 Visclosky RDTE,A Direct Methanol Fuel Cell Development 800,000 Crenshaw Martinez, Nelson (FL) RDTE,A Disposable Unit Dose Drug Pumps for Anesthesia and Antibiotics 1,750,000 Pelosi RDTE,A D-NET: Electrically Charged Mesh (ECM) Defense Net Troop Protection System 2,560,000 Aderholt RDTE,A DoD High Energy Laser Test Facility 4,000,000 Bingaman, Domenici RDTE,A DoD Hydrogen PEM Fuel Cell Medium/Heavy Duty Vehicle Demonstration Program 1,600,000 Larson Lieberman RDTE,A DoD International Diabetes Research Initiative 2,000,000 Dicks RDTE,A Domestic Production of Nanodiamond for Military Operations 1,600,000 Peterson (PA) Casey RDTE,A Domestically Produced Atomized Magnesium for Defense 800,000 Kaptur RDTE,A Drive System Composite Structural Component Risk Reduction Program 2,400,000 Brady (PA) Casey, Specter RDTE,A Dual Stage Variable Energy Absorber 2,400,000 Murphy, Patrick Specter RDTE,A Dugway Lidar and Modeling Improvements 2,400,000 Bishop (UT) Bennett, Hatch RDTE,A Dynamically Managed Data Dissemination (DMDD) 1,200,000 Olver

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Requester(s) Account Project Amount House Senate

RDTE,A Dynamometer Facility Upgrade Program at TARDEC 3,200,000 Dingell, Levin Levin, Stabenow RDTE,A Effect Based Approach to Operations 1,600,000 Bennett RDTE,A Electric Commodity Project 800,000 Byrd RDTE,A Electro Conversion of Energetic Materials 3,600,000 Enzi RDTE,A Electrofluidic Chromatophores for Adaptive Camouflage 1,750,000 Chabot RDTE,A Electronic Combat and Counter Terrorism Threat Developments to Support Joint Forces 3,760,000 Kingston Shelby RDTE,A Embedding Iris Recognition Technology On-board Warfighter Personal Equipment 800,000 Miller, George Roberts RDTE,A End-to-End Vehicle Survivability Technology 1,600,000 Knollenberg Stabenow RDTE,A Engineering Replacement Tissues 1,600,000 Reed, Whitehouse RDTE,A Enhanced Digital Electronic Night-Vision (EDEN) 1,600,000 Hutchison RDTE,A Enhanced Holographic Imager 2,480,000 Conaway, Granger Cornyn RDTE,A Enhanced Jamming Resistant Technology for INS/GPS Precision Guided Munitions 1,600,000 Frelinghuysen RDTE,A Enhanced Ku-band / L-band Antenna System 800,000 Moran (VA) RDTE,A Enhanced Landmine and IED Detection System 960,000 Cubin RDTE,A Enhanced Military Vehicle Maintenance System Demonstration Project with Anniston Army 1,600,000 Rogers (AL) Shelby Depot and Auburn University RDTE,A Enhanced Rapid Tactical Integration and Fielding Systems (ERTIFS) 1,600,000 Sessions, Shelby RDTE,A Enhanced Robotic Manipulators for Defense Applications 750,000 Cubin Enzi RDTE,A Enhanced Vapor Aeration Capabilities (EVAC) 2,400,000 LaTourette Voinovich RDTE,A Expanding Access to Proven Lifestyle Modification Treatments Focused onPreventing and Re- 1,750,000 Pelosi versing Chronic Diseases RDTE,A Expansion and Development Upper and Lower Bionic Limbs 2,000,000 Davis (IL) Durbin RDTE,A Experiential Technologies for Urban Warfare and Disaster Response 500,000 Burr RDTE,A Exploding Foil Initiators (EFI) with Nanomaterial-Based Circuits 1,600,000 Herseth Sandlin Johnson RDTE,A Extended Duration Silver Wound Dressing—Clinical Trials 1,600,000 Shuler RDTE,A Extended Lifecycle Management Environment 800,000 English RDTE,A Extended Range Modular Sniper Rifle System 2,000,000 Inhofe RDTE,A Extreme Light Sources, University of Florida 1,600,000 Wexler RDTE,A Extremely High Frequency (EHF)Transmitter for WIN-T Satellite Communications 2,000,000 Carney Casey RDTE,A Extremity War Injury Research Foundation 800,000 Doyle RDTE,A Eye-Safe Standoff Fusion Detection of CBE Threats 2,000,000 Doyle Specter RDTE,A Facilitating Use of Advanced Prosthetic Limb Technology 1,600,000 Rush Durbin RDTE,A FCV Advanced Suspension System 1,600,000 Reid RDTE,A Feeding Tube for Battlefield Trauma Patients (Phase II) 1,600,000 Ryan (OH) RDTE,A Fibrin Adhesive Stat (FAST) Dressing 3,000,000 Etheridge, Price (NC), Van Hollen Burr, Cardin, Dole, Mikulski, Schumer RDTE,A Fighting Drug Resistant Infections 2,000,000 Hagel, Nelson (NE) RDTE,A Fire Resistant Fuels 3,200,000 Rodriguez RDTE,A Fire Shield 3,200,000 Dreier RDTE,A Fire Support Technology Improvement Program 800,000 Shuster RDTE,A Flame and Thermal Protection for Individual Soldier 3,200,000 Kagen Kohl RDTE,A Flexible Electronics Research Initiative 1,600,000 Specter RDTE,A Florida Collaborative Development of Advanced Materials for Strategic Applications 1,200,000 Buchanan RDTE,A Foliage Penetrating, Reconnaissance, Surveillance, Tracking, and Engagement Radar (FOR- 3,200,000 McHugh, Walsh ESTER) RDTE,A Freeze Dried Blood Technology Clinical Research 2,000,000 Cole Cardin, Inhofe RDTE,A Fuel Cell Power System 800,000 Lungren RDTE,A Fuel Cells for Mobile Robotic Systems Project 800,000 Jackson RDTE,A Fuel Logistics Reduction through Enhanced Engine Performance 1,200,000 McGovern RDTE,A Future Affordable Multi-Utility Materials for the Army Future Combat Systems 6,400,000 Boyd Grassley, Harkin, Johnson, Thune RDTE,A Future TOC Hardware/Software Integration 2,000,000 Everett Sessions, Shelby RDTE,A Garment-Based Physiological Monitoring Systems 1,600,000 Castle Biden, Carper RDTE,A Gas Engine Driven Air Conditioning (GEDAC) Demonstration 2,400,000 Berkley, Porter, Grijalva, Pastor, Renzi Reid RDTE,A Geosciences/ Atmospheric Research (CG/AR) 1,600,000 Allard, Salazar RDTE,A Geospatial Airship Research Platform 2,800,000 Kaptur RDTE,A Global Military Operating Environment 2,000,000 Ensign, Reid

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Requester(s) Account Project Amount House Senate

RDTE,A Globally Accessible Manufacturing and Maintenance Activity 1,600,000 Knollenberg Stabenow RDTE,A Green Armaments/Rangesafe 2,400,000 Frelinghuysen, Rothman, Sires Lautenberg, Menendez RDTE,A Green Environmentally Sustainable Laboratories and Clean rooms (USAMRMC) 800,000 Bishop (GA) RDTE,A Ground Combat Systems Electronic Enhancements 2,400,000 McKeon RDTE,A Ground Vehicle Integration Technologies 2,400,000 Levin RDTE,A Ground Vehicle Reliability Modeling for Condition-Based Maintenance 800,000 Levin, Stabenow RDTE,A Ground-forces Readiness Enabler for Advanced Tactical Vehicles (GREAT-V) 800,000 Hutchison RDTE,A Gunfire Detection Systems for Unmanned Aerial Vehicles 800,000 Everett RDTE,A Hawaii Undersea Chemical Military Munitions Assessment Plan 4,000,000 Hirono, Abercrombie RDTE,A Headborne Energy Analysis and Diagnostic System (HEADS) 1,600,000 Mitchell RDTE,A Health Informatics Initiative 2,500,000 Putnam, Castor, Young (FL) RDTE,A Health Information Technology Demonstration Project at Madigan Army Medical Center and 1,000,000 Cantwell Puget Sound VA Medical Center RDTE,A Health Sciences Regenerative Medicine Center 3,000,000 Burr, Dole RDTE,A Heat Dissipation for Electronic Systems and Enclosures 2,000,000 Reid RDTE,A Heavy Fuel Burning Engines for UAVs 2,000,000 Diaz-Balart, Lincoln Stabenow RDTE,A Heavy Fuel High Efficiency Turbine Engine 2,000,000 Wexler RDTE,A Heavy Metals Total Life-Cycle Initiative 800,000 Bingaman, Domenici RDTE,A Helicopter Reliability and Failure Analysis Center 880,000 Cramer, Aderholt Shelby RDTE,A Helicopter Vulnerability Reduction 2,400,000 DeLauro, Courtney, Shays Dodd, Lieberman RDTE,A Heuristic Internet Protocol Packet Inspection Engine (HIPPIE) 2,000,000 Akin Bond RDTE,A HEV Battery System for Future Combat System 1,600,000 Bayh, Lugar RDTE,A Hibernation Genomics 2,000,000 Stevens RDTE,A High Altitude Airship 3,200,000 Ryan (OH) Brown RDTE,A High Altitude Integration Testbed (HIT) 3,000,000 Cramer Sessions, Shelby RDTE,A High Altitude Shuttle System for Battlespace Coverage 800,000 Hooley Smith, Wyden RDTE,A High Detail Architecture Analysis Tool (HDAAT) 1,440,000 Cramer RDTE,A High Explosive Air Burst (HEAB) 25mm Ammunition 4,400,000 Costello, LaHood Durbin RDTE,A High Fidelity Imaging System (HiFIS) 800,000 Cramer RDTE,A High Fidelity Virtual Simulation and Analysis 1,600,000 Aderholt Shelby RDTE,A High Power Electrolytic Super-Capacitors Based On Conducting Polymers 800,000 Bond RDTE,A High Pressure Processing Prototype for Meals-Ready-to-Eat (MRE) 1,600,000 Murray RDTE,A High Speed Digital Imaging 4,500,000 Gregg, Sununu RDTE,A High Temperature Polymers for Missile System Applications 3,200,000 Cochran RDTE,A High-Frequency, High-Power Electronic and Optoelectronic Devices on Aluminum Nitride 3,200,000 Price (NC) Burr RDTE,A Highly Mobile Remotely Controlled IED Countermeasures 800,000 Rothman Lautenberg, Menendez RDTE,A Highly Reliable, Maintenance Free Remote Solar Power System 640,000 Johnson (IL) RDTE,A Hi-Tech Eyes for the Battlefield 1,600,000 Hutchison RDTE,A Hospital Emergency Planning and Integration (HEPI) 800,000 Shuster RDTE,A Host Pathogen Interaction Study 3,200,000 Cramer RDTE,A Hostile Fire Indicator 4,000,000 Shea-Porter Gregg, Sununu RDTE,A Hull Humvee Protection Program 2,000,000 Barrett, Brown (SC) Graham RDTE,A Human Genomics, Molecular Epidemiology, and Clinical Diagnostics for Infectious Diseases 1,160,000 Pastor (Note: Department of Defense Military Health System Enhancement) RDTE,A Human Terrain Geographic Decision Support 3,000,000 Murtha RDTE,A Hybrid Electric (Heavy Truck) Vehicle 2,400,000 Bartlett Cardin, Mikulski RDTE,A Hybrid Luminescent Ammunition 800,000 Landrieu, Vitter RDTE,A HYBRID Propellant for Medium and Large Caliber Ammunition 3,200,000 Boyd RDTE,A Hydraulic Hybrid Vehicles (HHV) for the Tactical Wheel Fleet 800,000 Regula, Knollenberg Levin, Stabenow RDTE,A Hydrogen Batteries for the Warfighter 3,000,000 Clyburn Graham RDTE,A HYPERSAR 2,400,000 Bond RDTE,A Hyperspectral Sensor for Improved Force Protection (Hyper-IFP) 1,600,000 Akin RDTE,A Illinois Center for Defense Manufacturing 2,000,000 Manzullo, Hare Durbin RDTE,A Implementation of an Advanced Tactical Wheeled Armored Vehicle System 3,000,000 Levin

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Requester(s) Account Project Amount House Senate

RDTE,A Improved Blackhawk De-icing 800,000 Moran (VA) RDTE,A Improved EFP and IED protection, Testing, Modeling and Proving Using Lithia Alumina Silica 2,400,000 Tauscher, Sestak Corker (LAS) Glass Ceramics RDTE,A Improved Lightweight Integrated Communication and Hearing Protection Device 800,000 Altmire Casey, Specter RDTE,A Improvised Explosive Device (IED) Simulation in Different Soils 500,000 Herseth Sandlin Johnson, Thune RDTE,A Individual Airburst Weapon System 1,000,000 Hayes, Rothman Coleman, Klobuchar, Lautenberg, Menendez RDTE,A Infectious and Inflammatory Disease Center at the Burnham Institute for Medical Research 2,400,000 Bilbray, Davis (CA) Nelson (FL) (Note: Department of Defense Military Health System Enhancement RDTE,A Information Assurance Development 1,600,000 Holt RDTE,A InfraRed Goggle Upgrade System (IRGUS) 800,000 Sessions, Shea-Porter Cornyn RDTE,A Injection Molded Ceramic Body Armor 800,000 Olver RDTE,A Ink-Based Desktop Electronic Material Technology 1,600,000 Frelinghuysen RDTE,A Innovative Wireless Technologies for Sensor Networks 700,000 Goode RDTE,A Institute for Advanced Materials and Manufacturing Strategies (IAMMS) 1,200,000 Kildee Stabenow RDTE,A Institute for the Advancement of Bloodless Medicine 1,600,000 Rothman, Garrett Lautenberg, Menendez RDTE,A Institute of Surgical and Interventional Simulation (ISIS) 4,400,000 Dicks, McDermott, Smith (WA) Cantwell, Murray RDTE,A Integrated Functional Materials 800,000 Young (FL) RDTE,A Integrated Information Technology Policy Analysis Research 1,600,000 Lewis (CA) RDTE,A Integrated Lightweight Tracker System 1,600,000 Obey RDTE,A Integrated Patient Quality Program 1,600,000 Simpson Craig, Crapo RDTE,A Integrated Vehicle Health Monitoring System 1,600,000 Tsongas Kennedy RDTE,A Intelligent Distributed Command and Control (IDC2) 2,400,000 Visclosky RDTE,A Intelligent Fault Protected Laser Diodes 800,000 Capuano RDTE,A Intensive Care Unit to Intensive Care Hospital 2,400,000 Rothman RDTE,A Intensive Quenching for Advanced Weapon Systems 960,000 Sutton Schumer RDTE,A Inter Turbine Burner for Turbo Shaft Engines 3,200,000 Lewis (CA) RDTE,A International Heart Institute/US Army Vascular Graft Research Project 1,000,000 Baucus, Tester RDTE,A JAMMA Lightweight, Armored, Hybrid, Power Generating, Tactical Vehicle 2,000,000 Cannon Bennett, Hatch RDTE,A Joint Collaborative Medical Information System (JCMIS) 3,200,000 Murtha RDTE,A Joint Combat Support Trailer 3,200,000 Kagen RDTE,A Joint Fires and Effects Training System (JFETS) 2,000,000 Cole Inhofe RDTE,A Joint Medical Simulation Technology Research and Development Center (JMSTRDC) 1,600,000 Feeney RDTE,A Joint Munitions and Lethality Mission Integration 1,600,000 Frelinghuysen RDTE,A Joint Munitions and Lethality Warfighter Technology Insertion 2,400,000 Frelinghuysen RDTE,A Joint Training Integration and Evaluation Center (JTIEC) 1,680,000 Feeney RDTE,A Joint Urban Environment Test Capability 2,000,000 Bingaman RDTE,A Kinetic Energy Enhanced Lethality and Protection Materials 2,000,000 Davis, David Alexander, Corker RDTE,A Knowledge, Innovation and Technology Sharing Program 1,600,000 Bond RDTE,A Large Aluminum Nitride Crystals for Effective Deep Ultraviolet Sources 800,000 McNulty Schumer RDTE,A Large Area Monitoring Network (LAMNET) 6,000,000 McConnell RDTE,A Large Energy National Shock Tunnel (LENS XX) Hypervelocity Ground Testing 1,600,000 Higgins RDTE,A Large Format Li-Ion Battery 800,000 Moore (WI) Kohl RDTE,A Laser Based Explosives, Chem/Bio Standoff and Point Detector 4,000,000 Cardin, Mikulski RDTE,A Laser Studied and Enhanced Reactive Materials: Self-Decontaminating Polymers for Chem- 1,600,000 Craig, Crapo ical-Biological Defense RDTE,A Lattice Block Structures for AM2 Matting Replacement 2,500,000 Hodes Gregg, Sununu RDTE,A Legacy Aerospace Gear Drive Re-Engineering Initiative 2,000,000 Larson Dodd RDTE,A Lehman Injury Research Center (Ryder Trauma Center) (Note: Includes funding for Jackson 6,000,000 Diaz-Balart, Lincoln; Diaz-Balart, Mario; Meek; Nelson (FL) Health System) Wasserman Schultz RDTE,A Leishmania Skin Test 800,000 Hunter RDTE,A Lens-Less Micro Seeker System for Small Steerable Projectiles 1,600,000 Dreier RDTE,A Light Tactical Vehicle Ambulance Shelter 2,400,000 Biden, Cantwell, Murray RDTE,A Light Utility Helicopter Simulator 1,200,000 Barton RDTE,A Light Weight Medical Evacuation Unit 1,600,000 Knollenberg RDTE,A Light Weight Structural Composite Armor for Blast and Ballistic Protection 1,600,000 Castle, Price (NC), Shuler Burr

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22559 DEFENSE—Continued

Requester(s) Account Project Amount House Senate

RDTE,A Lightweight 1-2 Person Low-Pressure Inflatable Tents 800,000 Gregg RDTE,A Lightweight Anti-Ballistic Protection for Aircraft 400,000 Enzi RDTE,A Lightweight Caliber .50 Machine Gun (LW50MG) 8,000,000 Collins, Leahy, Snowe RDTE,A Lightweight Cannon Recoil Reduction 1,920,000 Heller Ensign, Reid RDTE,A Lightweight Multi-Functional Material Technology for Combat Munitions Logistics 800,000 Frelinghuysen, Rothman Lautenberg, Menendez RDTE,A Lightweight Munitions and Surveillance System for Unmanned Air and Ground Vehicles 2,800,000 Garrett Lautenberg, Menendez RDTE,A Lightweight Partial Hybrid Electric Military Transport Vehicle 1,600,000 Bayh, Lugar RDTE,A Lightweight Polymer Designs for Soldier Combat Optics 1,200,000 Olver Kennedy RDTE,A Lightweight Soldier Sensor Computing 800,000 Kohl RDTE,A Lightweight Transparent Armor for Force Protection 2,000,000 Cramer Casey, Specter RDTE,A Lightweight Trauma Module 2,400,000 Frelinghuysen, Pascrell Lautenberg, Menendez RDTE,A Limb Regeneration Through Biometrics Technology 800,000 Capuano RDTE,A Limb Tissue Regeneration after Battlefield Injuries using Bone Marrow Stem Cells 3,000,000 Wu, Baird, Blumenauer, Hooley, Smith (WA) Murray, Smith, Wyden RDTE,A Linear Accelerator Cancer Research 800,000 Rangel Schumer RDTE,A Lithium Ion Battery Exchange Program 2,400,000 Dent RDTE,A Logistical Fuel Processors for Army Development Program 2,800,000 Bachus, Rogers (AL) Sessions RDTE,A Long Range Hypersonic Interceptor 800,000 Boyda Brownback, Roberts RDTE,A Lookout Small Scale Radar 2,000,000 Walsh Schumer RDTE,A Low Cost Interceptor 2,400,000 Shelby RDTE,A Low Temperature Vehicle Performance Research 1,600,000 Levin RDTE,A LSTAT Advanced Medical Technologies 2,400,000 Sanchez, Loretta; Richardson RDTE,A LWI Training-based Collaborative Research 25,000,000 Skelton RDTE,A Magneto Inductive Remote Activation Munition System (MI-RAMS) Frequency and Digital En- 2,800,000 Lewis (CA) hancements RDTE,A Magneto-Rheological (MR) Suspensions for Tactical Wheeled Vehicles 2,400,000 Price (NC) Dole, Stabenow RDTE,A Maine Institute for Human Genetics and Health 1,600,000 Michaud Collins, Snowe RDTE,A Manufacturing and Industrial Technology Center 800,000 Boyd RDTE,A Manufacturing Metrology for Weapon System Production and Sustainment (M2WSPS) 1,760,000 Reed RDTE,A Manufacturing Technology Development of Advanced Solid State Lasers 2,400,000 McNerney, Carney Casey RDTE,A Mariah II Hypersonic Wind Tunnel Development 3,200,000 Rehberg Baucus, Tester RDTE,A Maritime C4ISR System 800,000 Shuster RDTE,A Mary Bird Perkins Cancer Center (Note: A treatment Planning Research Laboratory for High 2,400,000 Cazayoux, Alexander Landrieu, Vitter Performance Computing and Radiation Dose Effects RDTE,A Maryland Proof of Concept Alliance for Defense Technologies 3,500,000 Mikulski RDTE,A Mass Scale Biosensor Threat Diagnostic for In-Theater Defense Utilization (FIU) 1,600,000 Ros-Lehtinen RDTE,A Materials Applications Research Center 800,000 Bachus RDTE,A MATRIC-Project National Shield Integration Center 2,000,000 Capito RDTE,A MATTRACKS 2,000,000 Peterson (MN) RDTE,A Medical Errors Reduction Initiative 400,000 Rothman, Garrett Lautenberg, Menendez RDTE,A Medical Modeling and Simulation Through Synthetic Digital Genes 1,000,000 Craig, Crapo RDTE,A Medical Resources Conservation Technology System 2,400,000 Visclosky RDTE,A Medium Caliber Metal Parts Upgrade 2,600,000 Kanjorski Casey, Specter RDTE,A Medium Sized Unmanned Ground Vehicles Platform 2,000,000 Diaz-Balart, Lincoln RDTE,A MEMS Antenna for Wireless Comms 2,400,000 Conrad, Dorgan RDTE,A Michigan Technological University’s Project for Diverse Sensing for Synergistic Force Protec- 800,000 Stabenow tion in Urban Threat Environments RDTE,A Micro Electrical Mechanical Systems (MEMS) Technology and Plastic Armor Applications 1,600,000 Ferguson Lautenberg, Menendez RDTE,A Micromachined Switches in Support of Transformational Communications Architecture 2,400,000 Miller, George RDTE,A Micro-systems Nanotechnology for Advanced Technology Development 1,000,000 Young (FL) RDTE,A Midwest Traumatic Injury Rehabilitation Center 1,460,000 Ehlers RDTE,A Military Adult Stem Cell Collection and Storage Project 800,000 Rothman Schumer RDTE,A Military Burn Trauma Research Program 4,000,000 Lungren, Matsui Boxer RDTE,A Military Fuels Research Program 1,600,000 McConnell RDTE,A Military Interoperable Digital Hospital Testbed 10,000,000 Murtha RDTE,A Military Jet-Fueled Fuel Cell Generator 800,000 Smith, Wyden

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22560 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 DEFENSE—Continued

Requester(s) Account Project Amount House Senate

RDTE,A Military Low Vision Research 1,600,000 Lynch, Capuano Kennedy, Kerry RDTE,A Military Nutrition Research: Personnel Readiness and Warfighter Performance 1,600,000 Alexander, Cazayoux Landrieu, Vitter RDTE,A Military Photomedicine Program 2,800,000 Sanchez, Loretta Boxer, Dole, Kennedy RDTE,A Miniature Cooling Unit for Electronic Devices 800,000 Johnson (IL) Durbin RDTE,A Miniaturized Sensors for Small and Tactical Unmanned Aerial Vehicles (MINISENS) 1,200,000 Reyes RDTE,A Mini-LRAS3 Scout Surveillance System 1,600,000 Gregg, Sununu RDTE,A Minimizing Health Effects of Air Toxics on Military Personnel 1,600,000 Yarmuth RDTE,A Missile Attack Early Warning System (MAEWS) 2,000,000 Shelby RDTE,A Mission Execution Technology Implementation 3,200,000 Hulshof, Akin Bond RDTE,A Mitigation of Energetic Single Point Failures 2,400,000 Frelinghuysen RDTE,A MLRS Disposal System 3,000,000 Ensign, Reid RDTE,A Mobile Medic Training Program 800,000 Mica RDTE,A Mobile Object Search Toolkit for Intelligence Analysts 3,200,000 Dicks RDTE,A Mobile Optical Tracking System (MOTS) All Sky Imager (MASI) 1,200,000 Reyes, Rodriguez RDTE,A Model-Based Engineering Environment 800,000 Capuano RDTE,A Modeling and Testing of Next Generation Body Armor 2,000,000 Rush Durbin RDTE,A Modular Ballistic System for Force Protection 800,000 Collins, Snowe RDTE,A Modular Stethoscope For Harsh Environments 1,200,000 Coleman RDTE,A Modular Universal TOC Packages for Vehicles and Shelters 2,400,000 Young (FL) RDTE,A Moldable Fabric Armor 1,200,000 Graham RDTE,A Mosquito Born Disease Prevention : Malaria & Dengue Fever 800,000 DeLauro Dodd, Lautenberg, Lieberman, Menendez RDTE,A Moving Vehicle BAT Face Recognition Surveillance System 1,200,000 Gregg, Sununu RDTE,A MRAP Supportability System (MSS) 4,000,000 Murtha RDTE,A Multi-layer Coextrusion for High Performance Packaging 2,400,000 Obey Kohl RDTE,A Multipurpose Nanosat Missile System (MNMS) formerly Integrated Nanosat Delivery System 6,000,000 Cramer Shelby (INDS) RDTE,A Munitions Evaluation for Composite Electric Armor 1,200,000 Coleman RDTE,A MUSC Cancer Genomics Research Collaborative 800,000 Brown (SC) RDTE,A Nanocomposite Enhanced Radar and Aerospace Materials 1,200,000 Hutchison RDTE,A Nanocrystal Source Display 1,200,000 Markey RDTE,A Nano-Crystalline Cement for High Strength, Rapid Curing Concrete with Improved Blast Re- 1,440,000 Visclosky sistance RDTE,A Nanofabricated Bioartificial Kidney, Pancreas, and Liver 2,500,000 Knollenberg RDTE,A Nanofluids for Advanced Military Mobility 800,000 Davis (KY) Bunning RDTE,A Nano-Imaging Agents for Early Disease Detection 1,600,000 Green, Al; Culberson RDTE,A Nanomanufacturing of Multifunctional Sensors 1,000,000 Tsongas, Olver Kennedy, Kerry RDTE,A Nanophotonic Devices 1,600,000 Hutchison RDTE,A Nanoscale Biosensors 2,500,000 Lincoln, Pryor RDTE,A NanoSensor StageGate Accelerator (NSSA) 1,200,000 McNulty, Gillibrand Schumer RDTE,A Nanostructured Materials For Photovoltaic Applications 1,600,000 McHugh Schumer RDTE,A Nanosystems through Optical Biosensors 1,600,000 Slaughter RDTE,A Nanotechnology for Potable Water and Waste Treatment 1,000,000 Murphy, Tim RDTE,A Nanotechnology Fuze-On-A-Chip 2,800,000 Obey Kohl RDTE,A Nanotechnology Manufacturing Center 2,000,000 Barrow Chambliss RDTE,A Nanotubes Optimized for Lightweight Exceptional Strength Composite Materials 2,400,000 Boyd, Crenshaw Martinez, Nelson (FL) RDTE,A National Biodefense Training 5,000,000 Hutchison RDTE,A National Eye Evaluation and Research Network (NEER) -Clinical Trials of Orphan Retinal De- 800,000 Sessions Harkin generative Diseases RDTE,A National Functional Genomics Center 6,000,000 Bilirakis, Castor, Young (FL) Martinez, Nelson (FL) RDTE,A National Oncogenomics and Molecular Imaging Center 3,200,000 Knollenberg RDTE,A National Warfighter Health Sustainment Study 800,000 Capuano, Price (NC) RDTE,A Near-Net Shaped Direct-Sintered Silicon Carbide Torso Plates 1,600,000 Snyder Lincoln, Pryor RDTE,A Networked Dynamic Spectrum Access Investigation Enhanced MBITR 2,400,000 Bartlett Mikulski RDTE,A Neural Controlled Prosthetic Device for Amputees 1,600,000 Murtha RDTE,A Neuroimaging and Neuropsychiatric Trauma in Warfighters 5,000,000 Pelosi Boxer

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22561 DEFENSE—Continued

Requester(s) Account Project Amount House Senate

RDTE,A Neuroimaging of Brain Disorders 800,000 Jones (OH) Voinovich RDTE,A Neuroscience Research Consortium to Study Spinal Cord Injuries 800,000 Wasserman Schultz Nelson (FL) RDTE,A Neutron/Hadron Particle Therapy 1,200,000 Foster Durbin RDTE,A New High Temperature Domestic Sourced PES Foam Fabrication/Certification for DOD Aero- 2,400,000 Johnson, Eddie Bernice space Applications RDTE,A New Vaccines to Fight Respiratory Infection 4,000,000 Latham Grassley, Harkin RDTE,A Next Generation Communications System 1,200,000 Altmire Casey, Specter RDTE,A Next Generation Diesel Engine for Ground Vehicles 4,000,000 Emanuel Durbin, Stabenow RDTE,A Next Generation High Performance Ballistic Materials and Technologies Providing 7.62mm 1,440,000 Myrick Small Arms Protection for US Armed Forces Helmets RDTE,A Next Generation Ice Protection Technologies 1,600,000 Roberts RDTE,A Next Generation Lightweight Drive System for Army Weapons Systems 1,600,000 Herseth Sandlin Johnson, Thune RDTE,A Next Generation Non-Tactical Vehicle Propulsion 1,600,000 Hall (NY), Kuhl Levin, Mikulski, Stabenow, Schumer RDTE,A Next Generation Protective Seat 2,400,000 Gerlach Casey, Specter RDTE,A Next Generation Wearable Video Capture System 800,000 Stupak RDTE,A Next-generation Combat Helmet Development 2,800,000 Butterfield Dole RDTE,A Nickel Boron Coating Technology for Army Weapons 2,400,000 Mahoney, Boyd RDTE,A No-Idle Climate Control for Military Vehicles 1,600,000 Brady (TX) RDTE,A Non-communications ECM Technology Demo 1,200,000 Holt RDTE,A Non-Hazardous Infrared Anti-Reflective Coatings for Army Aircraft Sensors 1,200,000 Hayes RDTE,A Norfolk State University Center for Modeling and Simulation 2,400,000 Scott (VA) RDTE,A Northern Ohio Integrated Command Operations Program 1,600,000 Kaptur RDTE,A Novel Approaches to Reduce the Severity of Battlefield Combined Tissue Injury 1,600,000 Berkley, Porter Ensign, Reid RDTE,A Novel Extremity Body Armor 600,000 Herseth Sandlin Johnson, Thune RDTE,A Novel Flame Retardant Nylon Fabrics 1,200,000 Spratt Chambliss RDTE,A Novel Guidance Kit—Phase 2 (NGK2) for M864 Projectile 4,000,000 Burr, Coleman, Leahy RDTE,A Novel Methods for Detecting and Inhibiting Corrosion 1,360,000 Conrad, Dorgan RDTE,A Novel Onboard Hydrogen Storage System Development 800,000 Levin RDTE,A Novel Zinc Air Power Sources for Military Applications 1,600,000 Rogers (AL) Shelby RDTE,A N-STEP-Enabled Manufacturing Cell for Future Combat Systems 2,400,000 Jordan, Latta RDTE,A OH-58D Kiowa Warrior Vehicle Health and Usage Management System (VHUMS) Demonstra- 2,400,000 Welch, Herseth Sandlin tion RDTE,A ONAMI Miniature Tactical Energy Systems Development 2,400,000 Walden, Blumenauer, DeFazio, Hooley, Wu Smith, Wyden RDTE,A Oncology Group Pediatric Cancer Research (CH) 1,600,000 Young (FL) RDTE,A One-Step JP-8 Bio-Diesel Fuel 1,600,000 Obey RDTE,A Online Medical Training for Military Personnel 2,800,000 McConnell RDTE,A On-The-Move Telescoping Mast 2,400,000 Regula RDTE,A Open Source Intelligence for Force Protection and Intelligence 1,600,000 Hutchison, Roberts RDTE,A Operator Situational Awareness System—MEDEVAC 1,750,000 Pelosi RDTE,A Optical Neural Techniques for Combat / Post-Trauma Healthcare 1,600,000 Inslee, McDermott, Smith (WA) Cantwell, Murray RDTE,A Optimized M-25 Soldier Fuel Cell System 2,000,000 Castle Biden RDTE,A Organic Semiconductor Modeling and Simulation 1,200,000 Cornyn RDTE,A Orion High Altitude Long Loiter (HALL) UAV 5,000,000 Cochran, Wicker RDTE,A Parts on Demand for CONUS Operations 5,000,000 Conrad, Dorgan RDTE,A Passive IR Sensor for Persistent Wide Area Surveillance 2,000,000 Hodes Gregg RDTE,A Payload and Advanced Development for Next Generation Robot Platform 2,000,000 Tierney Kennedy, Kerry RDTE,A Peer Reviewed Orthopaedic Extremity Trauma Research 5,000,000 Bayh, Cornyn, Harkin, Hutchison, Landrieu RDTE,A Perpetually Available and Secure Information Systems (PASIS) 3,200,000 Doyle RDTE,A Personal Miniature Thermal Viewer 1,600,000 Michaud RDTE,A Personal Status Monitor 2,000,000 McHugh, Walsh RDTE,A Pharmaceutical Advanced Packaging 1,600,000 Holden Specter RDTE,A Photovoltaic Tent Fabric 2,800,000 Kaptur RDTE,A Plant-based Vaccine Research (Mitchell Memorial Cancer Center) 2,000,000 Lewis (KY) RDTE,A Plasma Energy Pyrolysis System (PEPS) Clean Fuels 800,000 Davis (VA) RDTE,A Plasma Sterilizer 3,200,000 Ellison, McCollum Coleman, Klobuchar

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Requester(s) Account Project Amount House Senate

RDTE,A Plasma Technology Laboratory 800,000 Ortiz RDTE,A Plug-In Architecture for DoD Medical Imaging 800,000 Moran (VA) Warner, Webb RDTE,A Plug-In Hybrid Vehicle Electrification Program 3,200,000 Kilpatrick, Conyers, Dingell, Knollenberg Levin, Stabenow RDTE,A Portable autonomous fluid-less near-infrared non-invasive alcohol testing devices 500,000 Bingaman RDTE,A Portable Emergency Broadband System 4,000,000 Gerlach, Sestak Casey, Specter RDTE,A Portable Non-Magnetic Compass/Positioning/Timing Device 1,600,000 Allen, Michaud Collins, Snowe RDTE,A Positron Sensors and Energy Applications 3,000,000 Cantwell, Murray RDTE,A Power and Energy Research Equipment Upgrades 6,000,000 Levin RDTE,A Power Dense Transmissions 1,280,000 Inglis, Barrett, Goode, Regula, Ryan (OH) RDTE,A Prader-Willi Syndrome (PWS) Research 1,600,000 Royce RDTE,A Precision Guided Airdropped Equipment 3,680,000 Clarke, Towns, Weiner RDTE,A Precision Molding Manufacturing Technology for Infrared Aspheric Optics 2,320,000 Rothman, Andrews, Dent Lautenberg, Menendez, Specter RDTE,A Press-Loaded Explosive Projectile Washout Line 800,000 Ellsworth Coleman, Klobuchar, Lugar RDTE,A Prevention of Compartment Syndrome, Ultrafiltration Catheter 1,600,000 McCollum, Ellison Coleman, Klobuchar RDTE,A Processing DNA Data Using Classical Discrimination Techniques (PRODDUCT) 2,000,000 Cramer RDTE,A Project Kryptolite Force Implementation Phase 1,200,000 Smith (NJ) Lautenberg, Menendez RDTE,A Prostate and Ovarian Cancer Biomarkers (Note: Department of Defense Military Health System 1,200,000 Murphy, Patrick Enhancement) RDTE,A Protective Textile Fabric 800,000 Dingell Stabenow RDTE,A Proteomics Project (CH-LA) 1,200,000 Schiff RDTE,A QuickMEDS 800,000 Sessions RDTE,A Quiet, Low-Impact Alternative Energy Technology 2,240,000 Wilson (OH), Space RDTE,A Radar Tag Emitters 2,400,000 Domenici RDTE,A Radiation Hardening Initiative 2,400,000 Cramer, Aderholt Sessions, Shelby RDTE,A Raman Chemical ID System 1,600,000 Tierney Kennedy RDTE,A RAND Arroyo Center 4,000,000 Feinstein RDTE,A Range Scrap Disposal, Hawthorne Army Depot 800,000 Brady (PA), Sestak RDTE,A Rapid and Accurate Pathogen Identification/Detection (RAPID) Program 1,600,000 Visclosky Bayh, Lugar RDTE,A Rapid Insertion of Developmental Technology 2,400,000 Frelinghuysen, Sires RDTE,A Rapid Prototyping for Special Projects 3,200,000 Frelinghuysen RDTE,A Rapid Response Force Protection System 2,400,000 Rothman RDTE,A Rapid Response System for Active Protection of Ground and Air Vehicles 4,160,000 Cramer RDTE,A Rapid Up-Armor Synthesis and Crashworthiness Design for Improved Soldier Survivability 1,200,000 Visclosky, Donnelly RDTE,A Rapid Vaccine Discovery Technology 1,600,000 Visclosky, Capuano RDTE,A Ration Packaging Materials and Systems for MREs 3,600,000 Obey Kohl RDTE,A Reconfigurable Tooling System 1,600,000 Heller RDTE,A Regional Integrated Command Center (RICC) 800,000 Doyle RDTE,A Rehabilitation and Assistive Technologies to Enhance the Life of Individuals with Disabilities 800,000 Young (FL), Castor RDTE,A Remote Bio-Medical Detector 2,000,000 Murtha RDTE,A Remote Explosive Analysis and Detection System (READS) 2,240,000 Cramer RDTE,A Remote Unmanned Vehicle Checkpoint System 1,000,000 Levin, Stabenow RDTE,A Remote Video Weapons Sight, USSOCOM SBIR 2,000,000 Radanovich RDTE,A Remotely Operated Weapons Systems 5,000,000 Frelinghuysen RDTE,A Renewable Energy for Military Applications 1,600,000 Bayh, Lugar RDTE,A Renewable Energy Testing Center 1,600,000 Lungren, Matsui RDTE,A Renewable Jet Fuel from Lignocellulosic Feedstocks 3,200,000 Herseth Sandlin Johnson, Thune RDTE,A Respiratory Biodefense Initiative 1,600,000 Allard, Salazar RDTE,A Returning Soldier Adjustment Assessment Remote Monitoring System Research Study 3,120,000 Bishop (GA) RDTE,A Ripsaw Unmanned Ground Vehicle (UGV) Weaponization 1,200,000 Allen Collins, Snowe RDTE,A Robotics Vehicle Secure Communications 2,000,000 Stabenow RDTE,A Rotary Valve Pressure Swing Absorption Oxygen Generator 800,000 Davis (CA) RDTE,A Rugged Electronic Textile Vital Signs Monitoring 3,000,000 Kennedy Reed, Whitehouse RDTE,A Ruggedized Cylinders for Expandable Mobile Shelters 2,400,000 Obey Kohl RDTE,A Rural Health (CERMUSA) (Note: To serve remote and rural military retiree populations) 2,400,000 Shuster Casey

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Requester(s) Account Project Amount House Senate

RDTE,A Safe Airway Access in Combat 2,000,000 Hagel RDTE,A Self Powered Prosthetic Limb Technology 2,400,000 Peterson (PA) Casey, Specter RDTE,A Self Powered, Lightweight, Flexible Display Unit on a Plastic Substrate 1,600,000 Grassley, Harkin RDTE,A Self-Deploying Autonomous Sensor Platforms for Situational Awareness 4,000,000 Blunt RDTE,A Semi-Autonomous or Unattended Psychological Operations and Reconnaissance Tool (SUPORT) 2,400,000 Spratt RDTE,A Shadow Tactical Unmanned Aerial System Flight in the National Airspace 4,000,000 Cardin, Mikulski RDTE,A Short Range Electro Optic (SREO) 1,600,000 Nelson (FL) RDTE,A Silver Fox and Manta UAS 2,000,000 Giffords RDTE,A Small Agile Satellites 400,000 Feinstein RDTE,A Small Business Infrared Material Manufacturing-Silicon Alternative Substrates 5,600,000 Durbin RDTE,A Small Unmanned Aerial Vehicles and Sensors 500,000 Herseth Sandlin Johnson, Thune RDTE,A Smart Data Project: Real-Time Geospatial Video Sensor Intelligence 800,000 Tierney Kennedy RDTE,A Smart Machine Platform Initiative 4,000,000 Chabot, McNulty Brown, Schumer, Voinovich RDTE,A Smart Prosthetic Hand Technology 1,600,000 Craig, Crapo RDTE,A Smart Prosthetics Research 1,600,000 Kuhl, Walsh Schumer RDTE,A Smart Sensor Supercomputing Center 5,800,000 Byrd RDTE,A SOCOM Lightweight Unmanned Ground Robot 1,600,000 Ross RDTE,A Software Lifecycle Affordability Management Phase II (SLAM II) 800,000 Saxton Lautenberg, Menendez RDTE,A Soldier Fuel Cell System 2,400,000 Visclosky RDTE,A Soldier Portable Power Pack (SP3) for the 21st Century Warrior 1,700,000 Price (NC), Hayes Dole RDTE,A Soldier Survival in Extreme Environments 2,960,000 Hagel, Nelson (NE) RDTE,A Soldier Worn Gunshot Detection System 2,400,000 Visclosky RDTE,A Solid Oxide Fuel Cell Powered Tactical Smart Charger 1,600,000 Walsh RDTE,A Solid State Processing of Titanium Alloys for Defense Materiel Armaments 1,440,000 Kaptur RDTE,A Solid State Shelter Lighting System 384,000 Hill Bayh RDTE,A Solutions for Infection Control in Military Hospitals 2,000,000 Nelson (NE) RDTE,A Southeast Nebraska Cancer Center/National Functional Genomics Center 1,200,000 Fortenberry Nelson (NE) RDTE,A Specialized Compact Automated Mechanical Clearance Platform 1,600,000 Murphy, Patrick RDTE,A Spectroscopic Materials Identification Center 800,000 Berry Lincoln, Pryor RDTE,A Spinal Muscular Atrophy (SMA) Research Program 3,200,000 Pelosi, Nadler, Rangel Schumer RDTE,A Spring Suspended Airless Tires for Convoy Protection 2,800,000 Obey RDTE,A Stabilized Enzyme Biofuel Cell (SEBC) for Unmanned Ground Sensors 800,000 Bond RDTE,A Standoff Hazardous Agent Detection and Evaluation System 2,800,000 Berry Lincoln, Pryor RDTE,A Standoff Improvised Explosive Device Detection Program 4,800,000 Boyd, Berry, Brown (FL), Hirono, Meek Akaka, Lincoln, Martinez, Pryor RDTE,A Staph Vaccine 4,000,000 Conrad, Dorgan RDTE,A Strattice Dermal Matrix Research 2,400,000 Ferguson RDTE,A Stryker Common Active Protection System (APS) Radar 1,600,000 Johnson, Sam; Hall (TX); Reyes Cornyn RDTE,A Stryker Second Source Tire Research 800,000 Goode, Ryan (OH) Voinovich, Warner, Webb RDTE,A Super High Accuracy Range Kit (SHARK) 3,600,000 Young (FL) RDTE,A Superior Weapons Systems Through Castings 1,600,000 Brownback, Lincoln, Pryor, Roberts RDTE,A Superlattice Semiconductors for Mobile SS Lighting and Solar Power Applications 2,400,000 Hinchey RDTE,A Sustainable Alternative Energy for DoD 2,400,000 Obey RDTE,A Synchrotron-based Scanning Research Neuroscience and Proton Institute 5,000,000 Lewis (CA) RDTE,A Synthetic Automotive Virtual Environments 2,400,000 Hodes RDTE,A Systems Biology Biomarkers Toxicology Initiative 2,640,000 Dicks, Baird, McDermott Murray RDTE,A Tactical Asset Visibility Enhancement 500,000 Reid RDTE,A Tactical Booster for Mobile Network Centric Warfare 1,600,000 Obey Kohl RDTE,A Tactical Metal Fabrication System (TacFab) 2,000,000 Turner, Brown (SC), Clyburn, Markey, Ryan (OH), Kerry, Lautenberg, Menendez Tierney, Tsongas RDTE,A Tactical RPG Airbag Protection System (TRAPS) Enhancement 800,000 Capps, Farr RDTE,A Technologies for Metabolic Monitoring (TMM) 800,000 Gonzalez Wicker RDTE,A Technologies for Military Equipment Replenishment 3,600,000 Obey Kohl RDTE,A Technology and Human Systems Integration 2,400,000 Kennedy RDTE,A Technology Commercialization and Management Network 1,600,000 Lewis (CA), Hinojosa

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22564 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 DEFENSE—Continued

Requester(s) Account Project Amount House Senate

RDTE,A Technology for Rapid Foreign Language Acquisitions for Specialized Military and Intelligence 1,200,000 Sununu Purposes RDTE,A Telepharmacy Remote Medicine Device Unit (TRMDU) 1,400,000 Brady (PA), English Casey RDTE,A Terahertz Spectrometer 800,000 Murphy (CT) Dodd, Lieberman RDTE,A Test Support Infrastructure Darning and Trafficability Study 4,000,000 Bingaman, Domenici RDTE,A Thermal and Electrical Nanoscale Transport (TENT) 1,600,000 Honda RDTE,A Thermoelectric Power Generation Materials and Devices 1,200,000 Hutchison RDTE,A Threat Detection and Neutralization Project 3,200,000 Mollohan RDTE,A Titanium Extraction, Mining and Process Engineering Research (TEMPER) 3,000,000 Baucus RDTE,A Titanium Powder Advanced Forged Parts Program 1,600,000 Murtha RDTE,A Total Quality System for FDA Regulated Activities Database 1,440,000 Bishop (GA) RDTE,A Toxic Particles 800,000 Allen Collins, Snowe RDTE,A Transportable Cryofracture/Plasma Arc 1,600,000 Doolittle Baucus, Tester RDTE,A Trauma Care, Research and Training 2,400,000 Hutchison RDTE,A Trauma Hemostat 800,000 Cohen RDTE,A Turbo Fuel Cell Engine 2,500,000 Murtha RDTE,A UAS Sense and Avoid Concept Evaluation for Airspace Integration 2,400,000 Shelby RDTE,A UAV-Resupply BURRO 1,200,000 Larson Dodd, Lieberman RDTE,A Ultra High Speed MEMS Electromagnetic Cell Sorter (UHSMECS) 2,400,000 Capps RDTE,A Ultra Light Weight Transmission for FCS 1,600,000 Walberg Stabenow RDTE,A Ultra-Endurance Coating 3,600,000 Hobson RDTE,A Ultra-High Resolution Display for Army Medicine (UHRDARM) 4,000,000 Hall (NY) Murray RDTE,A Ultrasonic Consolidation for Armor Applications 1,200,000 Dingell Levin, Stabenow RDTE,A Ultrasonic Impact Technology 1,200,000 Shelby RDTE,A UMDNJ Cancer Initiative 2,400,000 Payne, Pallone, Sires, Smith (NJ) RDTE,A Uncooled Metal-Oxide Semiconductor Field-Effect Transistor (MOSFET) Embedded Micro-canti- 2,400,000 Visclosky levers RDTE,A Universal Control Full Authority Digital Engine Control (FADEC) 3,200,000 Larson Dodd, Lieberman RDTE,A University Center for Disaster Preparedness and Emergency Response 1,600,000 Pallone, Payne, Smith (NJ) Lautenberg, Menendez RDTE,A Unmanned Ground Vehicle Advanced Technology Development 2,500,000 Murtha RDTE,A Unmanned Ground Vehicle Initiative (UGVI) 12,000,000 Levin RDTE,A Unserviceable Ammunition Demilitarization via Chemical Dissolution 800,000 Bennett, Hatch RDTE,A Urban Patterns and Signatures to Support Counter-Insurgency Operations 1,200,000 Gregg RDTE,A Use of Drugs to Reduce Hearing Loss from Acute Acoustic Trauma 1,280,000 McHugh RDTE,A UXO Detection and Classification in Volcanic Soil Using an Integrated Fully Polametic GPR 1,000,000 Hirono Akaka and Chemical Sensor Technology RDTE,A Vectored Thrust Ducted Propeller Compound Helicopter 5,000,000 Castle Biden, Carper, Casey, Specter RDTE,A Vehicle Armor Structure Development and Testing for Future Combat Systems and Joint Light 800,000 Levin Levin, Stabenow Tactical Vehicle RDTE,A Vehicle Common Armor Manufacturing Process (VCAMP) 2,000,000 Saxton RDTE,A Vertical Integration for Missile Defense Surveillance Data 3,280,000 Cochran RDTE,A Vertical/Horizontal Integration of Space Technologies and Applications (VISTA) 2,400,000 Aderholt RDTE,A VideoArgus 2,000,000 Holt, Rothman Lautenberg, Menendez RDTE,A Vigilant Sentinel Auto-ID and Access Control System 1,600,000 Tiahrt RDTE,A VIPER Mobile Power Development Project 800,000 Harman RDTE,A Virtual Opportunity and Information Center 1,000,000 Murphy, Tim RDTE,A Vision Integrating Strategies in Ophthalmology and Neurochemistry (VISION) 3,200,000 Granger Cornyn RDTE,A Visualization for Training and Simulation in Urban Terrains 1,200,000 McConnell RDTE,A Warfighter Cancer Care Engineering 2,400,000 Carson Bayh, Lugar RDTE,A Wearable Gyro-Compensated Personnel Tracking During GPS Interference 800,000 Slaughter, Kuhl RDTE,A Wearable Personal Area Network Technology 2,400,000 Spratt RDTE,A Weight Measurements and Standards for Military Personnel 2,000,000 Vitter RDTE,A Western Hemisphere Security Analysis Center 1,600,000 Hastings (FL) Nelson (FL) RDTE,A Wireless Analysis and Visualization Engines for Sensors (WAVES) 800,000 Stupak RDTE,A Wireless Electronic Patient Records 3,200,000 Harman Feinstein

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Requester(s) Account Project Amount House Senate

RDTE,A Wireless Medical Monitoring System (WiMed) 1,600,000 Boswell, Latham Grassley, Harkin RDTE,A Wound Infection Treatment Program 2,400,000 Baldwin Kohl RDTE,A Wyoming Valley Integrated Command Operations Program (ICOP) 1,600,000 Carney RDTE,AF Accelerated Insertion of Advanced Materials and Certification for Military Aircraft Structure 3,000,000 Tiahrt Brownback, Roberts Material Substitution and Repair RDTE,AF Accelerator-Driven Non-Destructive Testing 2,000,000 Simpson Crapo RDTE,AF ACES 5 Ejection Seat 5,600,000 Lamborn, Pastor Allard, Bennett, Cochran, Dodd, Lieberman, Salazar, Wicker RDTE,AF Acquisition Data Repository (ADR) 2,800,000 Hobson RDTE,AF Active Unmanned Air Vehicle (UAV) Phenomenology and Automatic Target Recognition Tech- 2,000,000 Hobson nology Transition (ATR) RDTE,AF Advance Casting and Coating Technologies for Aircraft Canopies 2,800,000 Sutton Specter RDTE,AF Advance Threat Alert/Advance Technology Demonstration 4,880,000 Hodes Gregg, Sununu RDTE,AF Advanced Aerospace Heat Exchangers 1,600,000 Wilson (OH) Voinovich RDTE,AF Advanced Carbon Fiber Research and Test Initiative 2,400,000 Spratt, Inglis Graham RDTE,AF Advanced Data Exploitation and Visualization 800,000 Brown RDTE,AF Advanced Electromagnetic Location of IEDs Defeat System 1,600,000 Kaptur RDTE,AF Advanced Fiber Lasers Systems and Components 960,000 Murray RDTE,AF Advanced fuel cell based power system for small UAV applications 1,200,000 Reid RDTE,AF Advanced Lithium Ion Battery Manufacturing 1,600,000 Scott (GA) Isakson RDTE,AF Advanced Military Installations that Integrate Renewable Energy and Advanced Energy Stor- 4,000,000 Bond age Technologies RDTE,AF Advanced Modular Avionics for Operationally Responsive Space Use 2,400,000 Wilson (NM) Bingaman, Domenici RDTE,AF Advanced Nanotube Micro-Munitions Weapon Technology Initiative 1,600,000 Bishop (GA) RDTE,AF Advanced Staring Infrared Testbed (ASIRT) Technology Demonstration 960,000 Allard, Salazar RDTE,AF Advanced Technical Intelligence Center (ATIC) 2,000,000 Hobson Voinovich RDTE,AF Advanced Thermal Control Coatings for Space Applications 1,600,000 Davis (IL) RDTE,AF Advanced Vehicle Propulsion Center 1,200,000 McKeon RDTE,AF Aerodynamic Wind Tunnel Upgrade Initiative 1,600,000 Giffords RDTE,AF Aerospace Lab Equipment Upgrade 800,000 Napolitano RDTE,AF Affordable Lightweight Power Supply Development 1,000,000 Gerlach Casey, Specter RDTE,AF Air Cargo Tracking and Analysis/Secure Skies 1,360,000 Inouye RDTE,AF Air Force Minority Leaders Program 8,000,000 Alexander, Corker, Hutchison, Landrieu RDTE,AF Air Purification with Carbon Nanotube Nanostructured Material 5,000,000 Leahy RDTE,AF Aircraft Evaluation Readiness Initiative 2,400,000 Grassley, Harkin RDTE,AF Aircraft Fatigue Modeling and Simulation 3,000,000 Hutchison RDTE,AF Alternative Energy—Tin City 500,000 Stevens RDTE,AF Alternative Energy Fuel Cell Power 1,600,000 Ryan (OH), Sutton Brown RDTE,AF Applications of LIDAR to Vehicles with Analysis 7,000,000 Inouye RDTE,AF Assessment of Alternative Energy for Aircraft Ground Equipment 1,600,000 Wu Smith, Wyden RDTE,AF ASSET eWing and Data Fusion Technology Integration 4,000,000 Byrd RDTE,AF Assured Aerospace Fuels Research 1,600,000 Voinovich RDTE,AF AT-6B Capabilities Demonstration for the Air National Guard 6,000,000 Tiahrt Brownback RDTE,AF Automated Sensor-Communication Response Technology 1,600,000 Hobson RDTE,AF B-1 Bomber 16-Carry Adapter Weapons Initiative 4,160,000 Herseth Sandlin Johnson, Thune RDTE,AF B-2 Advanced Tactical Data Link 11,200,000 Feinstein, Inhofe RDTE,AF Ballistic Missile Technology 2,400,000 Young (FL) RDTE,AF Base Facility Energy Independence 3,200,000 Kaptur RDTE,AF BattleSpace: Reducing Military Decision Cycles 1,280,000 Hagel, Nelson (NE) RDTE,AF Big Antennas Small Structures Efficient Tactical (BASSET) UAV 1,200,000 Harman RDTE,AF Bio-JP8 Fuel Development 800,000 Boyd RDTE,AF Biothreat Test Pouch for Film Array System 800,000 Bennett RDTE,AF Body Armor Improved Ballistic Protection 2,000,000 Murtha RDTE,AF Broad Area Multi-Intelligence Ubiquitous Surveillance Enterprise 1,600,000 Walsh, Kuhl Schumer RDTE,AF C-130 Automated Inspection, Repair, Corrosion and Aircraft Tracking Condition-Based Main- 3,200,000 Kingston, Marshall Chambliss, Isakson tenance Plus

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Requester(s) Account Project Amount House Senate

RDTE,AF Carbon Nanotube Enhanced Power Sources for Space 2,400,000 Markey, Olver RDTE,AF Carbon Nanotube-based Radiation Hard Nano-Electronic Devices 7,200,000 Blunt RDTE,AF Carbon Non-Materials for Advanced Aerospace Applications 2,400,000 Culberson RDTE,AF Center for Microplasma Science and Technology (CMST) 2,000,000 Rothman, Sires Lautenberg, Menendez RDTE,AF Center for Responsive Space Systems 800,000 Wilson (NM) Bingaman RDTE,AF Center for Solar Electricity and Hydrogen 3,600,000 Kaptur RDTE,AF Center of Excellence for Defense UAV Education 4,000,000 Pomeroy Conrad, Dorgan RDTE,AF Ceramic Matrix Composite Turbine Blade Demonstration 4,000,000 Shays Dodd RDTE,AF Chip Scale Atomic Clock 2,400,000 Young (FL) RDTE,AF Close Proximity Space Situational Awareness 640,000 Edwards (TX) RDTE,AF Coal Transformation Laboratory 800,000 Lugar RDTE,AF Combat Sent Wideband Sensor Upgrade Program 3,040,000 Ensign RDTE,AF Command and Control Service Level Management (C2SLM) program 4,000,000 Blunt RDTE,AF Compact Laser Terminal for Airborne Network Centric Warfare 2,800,000 Visclosky RDTE,AF Component Object Model Attitude Control System Simulation/Trainer 1,600,000 Murray, Warner, Webb RDTE,AF Compound Zoom for Airborne Reconnaissance (CZAR) 1,200,000 Sherman RDTE,AF Conducting Polymer Stress and Damage Sensors for Composites 1,440,000 Cochran RDTE,AF Consortium for Nanomaterials for Aerospace Commerce and Technology 2,400,000 Hinojosa Hutchison RDTE,AF Conventional Strike Mission Integration Demonstration 4,800,000 Lewis (CA) RDTE,AF Core Component Jammer (CCJ) 9,000,000 Tiahrt Brownback, Roberts RDTE,AF COTS Analysis Tools for Navigational Warfare 1,200,000 Sestak RDTE,AF COTS Technology for Situational Space Awareness 2,800,000 Gerlach Specter RDTE,AF Cyber Attack Mitigation and Exploitation Laboratory (CAMEL) III 2,000,000 Arcuri Schumer RDTE,AF Cyber Security Laboratory at Louisiana Tech University 3,000,000 Alexander, McCrery Landrieu RDTE,AF Defensive Counterspace Testbed 800,000 Allard RDTE,AF Development and Testing of Advanced Paraffin-Based Hybrid Rockets for Space Applications 2,800,000 Lofgren RDTE,AF Development and Validation of Advanced Design Technologies for Hypersonic Research 2,000,000 Coleman, Klobuchar RDTE,AF Diamond Substrate for Cooling of Micro-Electronics 2,000,000 Reed RDTE,AF Distributed Mission Interoperability Toolkit (DMIT) 1,600,000 Sestak, Andrews, LoBiondo RDTE,AF Eglin AFB Range Operations Center (ROCC) Initiative 800,000 Miller (FL) RDTE,AF Eielson Air Force Base Alternative Energy Source Program 2,400,000 Young (AK) RDTE,AF Eielson Air Force Base Coal to Liquid Initiative 5,000,000 Stevens RDTE,AF Electromagnetic In-Flight Propeller Balancing System 2,000,000 English Casey, Specter RDTE,AF Electronics Liquid Cooling for Advanced Military Ground and Aerospace Vehicle Projects 1,000,000 LaTourette RDTE,AF EMI Grid Fabrication Technology 2,720,000 Bono Mack RDTE,AF Energetic Device Quality and Reliability Improvements Using Computer Aided Process Control 2,400,000 Blunt RDTE,AF Expeditionary 200 kW+ Alternative Power Generator 800,000 Lamborn RDTE,AF Expert Organization Develoment System (EXODUS) 1,000,000 Capito RDTE,AF F-15 AESA Development and Demonstration 12,000,000 Cochran, Feinstein, Wicker RDTE,AF F-15 AN/ALR-56C RWR Digital Receiver Upgrade 3,200,000 Rothman, Pascrell Lautenberg, Menendez RDTE,AF FEL Capabilities for Aerospace Microfabrication 1,120,000 Wittman RDTE,AF Field Programmable Gate Arrays Mission Assurance Center 3,000,000 Bingaman, Domenici RDTE,AF Fire and Blast Resistant Materials for Force Protection 1,600,000 Moore (WI) Kennedy, Kohl RDTE,AF Flash Hyper-Dimensional Imaging System for Space Situational Awareness and Ballistic Mis- 1,600,000 Hirono Akaka, Inouye sile Defense RDTE,AF Flexible Access Secure Transfer (FAST) 1,200,000 Pascrell, Rothman RDTE,AF Florida National Guard Missile Range Safety Technology 1,600,000 Young (FL) RDTE,AF FPS-16 Radar Mobilization Upgrade 2,800,000 Miller (FL) RDTE,AF Freedom Fuels/Coal Fuels Alliance 3,200,000 Bunning RDTE,AF Gallium Nitride RF Power Technology 1,600,000 Coble RDTE,AF Health Surveillance System 1,600,000 Inslee Murray RDTE,AF High Power Broadly Tunable Middle-Infrared Laser Sources 2,400,000 Davis (AL) RDTE,AF High Temperature Hydrogen Energy Production Facility 1,200,000 Hutchison RDTE,AF Holloman High Speed Test Track 4,000,000 Pearce Bingaman, Domenici

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Requester(s) Account Project Amount House Senate

RDTE,AF Homeland Emergency Learning and Preparedness (HELP) Center 3,000,000 Hobson RDTE,AF Hybrid Bearing 1,600,000 Coble, Hayes, Shuler, Turner Dodd, Dole, Gregg, Lieberman, Voinovich RDTE,AF Hybrid Sounding Rocket Propulsion 800,000 Hunter RDTE,AF Hydrocarbon Boost Technology Demonstrator 1,400,000 McCarthy (CA), Doolittle, Matsui, McKeon RDTE,AF Imaging Tools for Human Performance Enhancement and Diagnostics 2,000,000 Hobson Voinovich RDTE,AF Inductive Thermography Systems Inspection 2,400,000 Murray RDTE,AF Information Quality Tools for Persistent Surveillance Data Sets 1,600,000 Snyder Lincoln, Pryor RDTE,AF Innovative Polymeric Materials for Three-Dimensional (3-D) Microdevice Construction 1,600,000 Emerson RDTE,AF Institute for Science and Engineering Simulation (ISES) 3,360,000 Burgess RDTE,AF Integrated Aircraft Energy Management 2,000,000 Hobson RDTE,AF Integrated Electrical Starter/Generator (IES/G) 1,600,000 Turner Voinovich RDTE,AF Integrated Power for Aircraft Technologies (INPACT II) 3,500,000 Manzullo Durbin RDTE,AF Integrated Propulsion Analysis Tool 2,000,000 Lewis (CA) RDTE,AF Integrated SAR/PI Evaluator for Critical Target and Activity Recogniton (INSPECTAR) 800,000 Hobson RDTE,AF Integrated Spacecraft Engineering Tool (ISET) 1,600,000 Lewis (CA) RDTE,AF Integrated Targeting Device 3,000,000 Nelson (FL) RDTE,AF Intelligent Manufacturing Initiative 2,400,000 Pryce Voinovich RDTE,AF Internal Base Facility Energy Independence—Solar 1,600,000 Kaptur RDTE,AF Joint Theater Air Ground Simulation System 2,400,000 Martinez RDTE,AF Large Aircraft Infrared Countermeasures for AFSOC AC/MC-130 Aircraft 4,400,000 Miller (FL) Martinez, Nelson (FL) RDTE,AF Large Area, APVT Materials Development for High Power Devices 800,000 Frelinghuysen Lautenberg, Menendez RDTE,AF Laser Peening for Friction Stir Welded Aerospace Structures 1,600,000 Tiahrt RDTE,AF Lean Management System Research Initiative at Air Mobility Wing MacDill AFB 800,000 Young (FL) RDTE,AF LGX High Temperature Acoustic Wave Sensors 1,600,000 Collins, Snowe RDTE,AF Light Weight Organic Photovoltaic Technologies 1,200,000 Altmire RDTE,AF Lightweight, High-Efficiency Solar Cells for Spacecraft 800,000 Durbin RDTE,AF Liquid Crystal Laser Eye Protection 1,600,000 Ryan (OH) RDTE,AF Lithium Ion Domestic Materials Development 1,600,000 Courtney Dodd RDTE,AF Low Profile Arresting Gear 800,000 Sestak Casey RDTE,AF Low Voltage, Wideband Electro-Optic Polymer Modulators 3,000,000 Inslee Cantwell, Murray RDTE,AF Low-Earth Orbit Nanosatellite Integrated Defense Autonomous Systems 5,000,000 Inouye RDTE,AF Manufacturing of High Energy Superior Lithium Battery Technology 6,000,000 Bond RDTE,AF Massively Parallel Optical Interconnects (MPOI) for ISR Satellites 1,600,000 Ensign RDTE,AF Massively Parallel Optical Interconnects for MicroSatellite Applications 1,600,000 Reid RDTE,AF Materials Integrity Management Research for Air Force Systems 800,000 Roberts RDTE,AF Microcomposite Coatings for Chrome Replacement 800,000 Jones (OH) RDTE,AF Micro-Grid Energy Storage Utilizing a Deployable Zinc-Bromide Flow Battery 1,600,000 Marshall RDTE,AF Micromachined Switches for Next Generation Modular Satellites 2,400,000 Miller, George RDTE,AF Micro-Satellite Serial Manufacturing to Include Academic Outreach Educational Program 800,000 Harman, Lewis (CA) RDTE,AF Mobile Wind Turbine Systems to Power Forward Bases 800,000 Brown RDTE,AF Moving Target Strike 2,000,000 Miller (FL) RDTE,AF M-PACT High Pressure Pure Air Generator System 1,600,000 Frelinghuysen, Garrett Lautenberg, Menendez RDTE,AF MPOI for Battlespace Information Exchange 3,900,000 Reid RDTE,AF MQ-9 Reaper—UAS AirPortal, Hancock Field 3,000,000 Walsh RDTE,AF MSSS Operations & Research 22,000,000 Inouye RDTE,AF Multi Platform Radar Technology Improvement Program (MPRTIP) Integration and Test on 20,000,000 Shays, Weldon Chambliss, Dodd, Isakson, Lieberman JSTARS RDTE,AF Multicontinuum Technology for Space Structures 2,880,000 Cubin Enzi RDTE,AF Multi-mission Deployable Optical System 4,000,000 Inouye RDTE,AF Multi-Mode Space Propulsion 800,000 Gilchrest Mikulski RDTE,AF Multiple UAS Cooperative Concentrated Observation and Engagement Against a Common 4,400,000 Bartlett, Sestak Ground Objective RDTE,AF Multi-Sensor Detect, See and Avoid 6,000,000 Reid RDTE,AF Multi-Sensor Person-Borne Suicide Counter Bomber Detection Systems 1,200,000 Hobson

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Requester(s) Account Project Amount House Senate

RDTE,AF Nano-Composite Structures Manufacturing Technology Development 800,000 Turner Brown RDTE,AF Nanocomposites for Lightning Protection of Composite Airframe Structures 1,200,000 Tiahrt Brownback RDTE,AF National Test Facility for Aerospace Fuels and Propulsion 1,360,000 Buyer RDTE,AF Net-Centric Sensors Grid 800,000 Hill Bayh, Lugar RDTE,AF New Electronic Warfare Specialists Through Advanced Research by Students 1,600,000 Hobson RDTE,AF Next Generation Casting Supplier Base Initiative 2,400,000 Blumenauer Reid RDTE,AF Next Generation Manufacturing Processes 1,200,000 Smith (TX) RDTE,AF Next Generation Tactical Environmental Clothing for AFSOC 2,000,000 Rogers (AL) RDTE,AF NP 2000 Propeller System—Air National Guard Special Missions C-130 2,000,000 Murphy (CT) Dodd, Schumer RDTE,AF Nuclear Test Seismic Research 2,000,000 Leahy, Kennedy, Kerry RDTE,AF ONAMI Safer Nanomaterials and Nanomanufacturing 4,000,000 Blumenauer, DeFazio, Walden, Wu Smith, Wyden RDTE,AF Operational Responsive Space Architecture for Dual Use Applications 1,272,000 Perlmutter RDTE,AF Optic Band Control Program 800,000 Bilirakis RDTE,AF Optically Pumped Atomic Laser (OPAL) 2,800,000 Hobson, Grijalva RDTE,AF PanSTARRS 8,000,000 Inouye RDTE,AF Partnership for Emerging Technologies 1,600,000 Duncan Corker RDTE,AF Partnership in Innovative Preparation for Educators and Students and the Space Education 800,000 Allard, Salazar Consortium RDTE,AF Pennsylvania NanoMaterials Commercialization Center 2,000,000 Doyle RDTE,AF Persistent Sensing Data Processing, Storage and Retrieval 1,600,000 Brown RDTE,AF PhasorBIRD Helmet Tracker 2,480,000 Leahy RDTE,AF Plasma-Sphere Array for Flexible Electronics 2,800,000 Kaptur RDTE,AF Precision Image Tracking and Registration 1,600,000 Young (FL) RDTE,AF Predator Mission Aircrew Training System (PMATS) Upgrade 2,400,000 Hinchey Schumer RDTE,AF Prepreg Thickness Variability Reduction Program 1,600,000 Hall (TX) RDTE,AF Production of Nanocomposites for Aerospace Applications 1,600,000 Turner Voinovich RDTE,AF Project Air Force 3,000,000 Feinstein RDTE,AF Radiation Hardened Microelectronics (HX5000) Carbon Nanotube Sensors 2,000,000 Coleman, Klobuchar RDTE,AF Radiation Hardened Non-Volatile Memory Technology 1,600,000 Lamborn Salazar RDTE,AF Rapid Automated Processing of Advanced Low Observables 1,600,000 Brown RDTE,AF Rapid Prototyping and Nanotechnology Initiative 800,000 Waters RDTE,AF Rapid Replacement of Mission Critical Electronics to Support High Usage Wartime Aircraft 1,500,000 Marshall Chambliss, Isakson Deployments RDTE,AF Real-time Optical Surveillance Applications 2,800,000 Inouye RDTE,AF Reconfigurable Electronics and Non-Volatile Memory Research 2,000,000 Craig, Crapo RDTE,AF Reconfigurable Secure Computing 1,200,000 Moran (VA) Warner, Webb RDTE,AF Regional Telepathology Initiative at Keesler AFB 2,500,000 Cochran RDTE,AF Remote Suspect Identification 3,200,000 Alexander, McCrery RDTE,AF Renewable Hydrocarbon Fuels for Military Applications (Great Lakes Region) 2,000,000 Kucinich Brown RDTE,AF Rivet Joint ISR Network Integration 2,000,000 Hall (TX) RDTE,AF Satellite Coherent Optical Receiver (SCORE) 1,750,000 Pelosi RDTE,AF Science for Sustainment 1,600,000 Hobson RDTE,AF Scorpion Low Cost Helmet Mounted Cueing and Information Display System 4,000,000 LaHood Durbin RDTE,AF Secure Network Centric Operations 1,600,000 Johnson, Sam RDTE,AF Semiconductor Optical Amplifier for Responsive Space MPOI 2,200,000 Heller, Porter RDTE,AF Sensor Fusion 2,400,000 Hobson RDTE,AF Sewage-Derived Biofuels Project 2,400,000 Cochran RDTE,AF Shielding Rocket Payloads 400,000 Herseth Sandlin Johnson, Thune RDTE,AF Silicon Carbide Electronics Material Producibility Initiative 4,800,000 Pickering Cochran RDTE,AF Silicon Carbide Power Electronics for More Electric Aircraft 3,200,000 Pickering Cochran, Wicker RDTE,AF Small Adaptive Cycle Turbine Engines 1,600,000 Kaptur RDTE,AF Small Low-Cost Reconnaisance Spacecraft Components 1,600,000 Bishop (UT) RDTE,AF Smart View Program (SVP) 800,000 Hobson RDTE,AF Sonic Infrared Imaging Technology Development 800,000 Stabenow

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Requester(s) Account Project Amount House Senate

RDTE,AF Space Control Test Capabilities 1,600,000 Everett, Aderholt, Rogers (AL) Sessions, Shelby RDTE,AF Space Qualification of the Common Data Link 1,600,000 Cannon Bennett RDTE,AF Space Situational Awareness 1,200,000 Edwards (TX) RDTE,AF Space Situational Awareness—TCN Demonstration and Deployment 3,000,000 Kennedy, Kerry RDTE,AF Super-Resolution Sensor System 2,000,000 Allard RDTE,AF Sustainable Energy Vermont National Guard Demonstration Projects 5,000,000 Leahy, Sanders RDTE,AF Synthetic Aperture Radar (SAR) Thunder Radar Pod (TRP) 3,200,000 Israel Bond, Graham RDTE,AF Tactical Shelters Next Generation Composite Initiative 1,600,000 Reid RDTE,AF Technical Order Modernization Environment 1,440,000 Kaptur RDTE,AF Technology Insertion Demonstration and Evaluation (TIDE) 3,200,000 Doyle RDTE,AF Texas Research Institute for Environmental Studies 1,600,000 Brady (TX) RDTE,AF Thermal IR Processing and Exploitation Cell (TPEC) 2,400,000 Hobson RDTE,AF Thin Film Amorphous Solar Arrays 1,600,000 Levin RDTE,AF Tools and Technologies for Incident and Consequence Management 800,000 Moran (VA) RDTE,AF Transportable Transponder Landing System 4,000,000 Smith, Wyden RDTE,AF Ultra High Resolution Deployable Projector for Simulation 3,200,000 Enzi RDTE,AF Ultra Low Power Electronics 3,200,000 Craig, Crapo RDTE,AF Ultralight Aerospace Nanotube Conductors 2,000,000 Hodes Sununu RDTE,AF Unmanned Aerial Systems Mission Planning and Operation Center 400,000 Moran (KS) RDTE,AF Vortex Low Cost Rocket Engine 2,400,000 Kohl RDTE,AF Warfighter Support Using HELIOS 2,400,000 Cramer RDTE,AF Warner Robbins Air Logistics Center Special Operations Forces 800,000 Marshall Chambliss, Isakson RDTE,AF WASH Oxygen Sensor and Cell-Level Battery Controller 800,000 Dreier RDTE,AF Watchkeeper 800,000 Rehberg Baucus, Tester RDTE,AF Weather Sensors for CoT 1,600,000 Moran (VA) RDTE,AF Wideband Digital Airborne Electronic Sensing Array 2,400,000 Reed, Whitehouse RDTE,AF WR-ALC Strategic Airlift Aircraft Availability Improvement 3,360,000 Kingston, Marshall Chambliss, Isakson RDTE,AF XTC58F VAATE Small Turbo Fan Program 3,600,000 Pastor RDTE,AF Strategic Biofuel Supply Program 1,000,000 Rodriguez Hutchison RDTE,DW 3-D Electronics and Power 2,400,000 Calvert RDTE,DW 3-D Technology for Advanced Sensor Systems 1,440,000 Simpson, Price (NC) Craig, Crapo, Dole RDTE,DW Acinetobacter Baumannii Research 2,000,000 Pelosi Boxer RDTE,DW Advanced Active Denial Planar Scanning Antenna System 1,600,000 Sherman, Gallegly RDTE,DW Advanced Battery Technology 2,300,000 Young (FL) RDTE,DW Advanced Craft Technology Demonstrators to Quantify and Mitigate Operator Injury 2,000,000 Davis (CA) RDTE,DW Advanced Development of Mobile Rapid Response Prototypes 1,600,000 Lautenberg, Menendez RDTE,DW Advanced Emergency Response Integrated Environment (AERIE) 1,200,000 Sestak RDTE,DW Advanced Information Discovery and Analysis Capability for NSA 1,200,000 Bennett, Hatch RDTE,DW Advanced Materials Research Institute 2,400,000 Jefferson Landrieu, Vitter RDTE,DW Advanced Missile Simulation Technology for Intelligence Analysis 1,280,000 Cochran RDTE,DW Advanced Mobile Microgrid 2,720,000 Rogers (MI), Conyers, Dingell Levin, Stabenow RDTE,DW Advanced SAM Hardware Simulator Development 5,000,000 Johnson (GA), Bishop (GA), Cramer, Gingrey, Chambliss, Isakson Scott (GA) RDTE,DW Advanced Scientific Missile Intelligence Preparation of the Battlespace (IPB) 2,000,000 Cramer RDTE,DW Advanced Tactical Laser Flashlight Devices 1,200,000 Kilpatrick RDTE,DW Advanced Tactical Threat Warning Radio (ATTWR) 1,200,000 Lofgren Boxer RDTE,DW Advanced Technology Sensors and Payloads 1,600,000 Lewis (CA) RDTE,DW Advanced, Long Endurance Unattended Ground Sensor Technologies 3,600,000 Pickering Cochran RDTE,DW AELED IED Electronic Signature Detection 3,200,000 Murtha RDTE,DW Agile JTRS Integrated Circuits 1,600,000 Capps RDTE,DW Agile Software Capability Interventions 1,600,000 Bond RDTE,DW Aging Systems Sustainment and Enabling Technologies 2,000,000 Lucas Inhofe RDTE,DW Airborne Infrared Surveillance (AIRS) System 800,000 Sullivan, Boren Inhofe RDTE,DW All-Source Content Management (ASCMAN) for Actionable Intelligence 1,600,000 Bond

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22570 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 DEFENSE—Continued

Requester(s) Account Project Amount House Senate

RDTE,DW Antibody-Based Therapeutic Against Smallpox 800,000 Van Hollen Cardin RDTE,DW Antioxiant Micronutrient Therapeutic Countermeasures for Chemical Agents 800,000 McCarthy (NY) RDTE,DW Arctic Regional Supercomputer 3,200,000 Stevens RDTE,DW Armed Forces Health and Food Supply Research 5,000,000 Roberts RDTE,DW Augmented Reality to enhance Special Warfare Domain Awareness 1,600,000 Allen Collins, Snowe RDTE,DW Autonomous Rendezvous/Formation Flight 2,000,000 Reid RDTE,DW Bio Agent Early Warning Detector 2,000,000 Hoyer Cardin RDTE,DW Bio-Butanol Production Research 2,000,000 Clyburn RDTE,DW Biodefense Vaccine Development and Engineering of Antiviral Peptides 1,600,000 Vitter RDTE,DW Biofuels Program 1,600,000 Levin RDTE,DW Biological Threat Antibody Research 1,600,000 King (IA), Herseth Sandlin RDTE,DW Biometric Signatures Research 2,000,000 McConnell RDTE,DW Biometric Terrorist Watch-List Data Base Management Development 1,600,000 Ramstad, Shays, Tsongas Coleman, Kerry, Lieberman RDTE,DW Biosurety Development and Management Program 1,200,000 Reyes RDTE,DW BOPPER (Bioterrorism Operations Policy for Public Emergency Response) 1,200,000 Watt Burr RDTE,DW Botulinum Neurotoxin Research 1,600,000 Baldwin Kohl RDTE,DW Buoyancy Assisted Lift Air Vehicle 2,500,000 Napolitano, Sherman RDTE,DW Camp Guernsey Joint Training and Experimentation Center 6,000,000 Barrasso RDTE,DW Carbon Nanotube Chemical Detector 800,000 Edwards (TX) RDTE,DW Carbon Nanotube Thin Film Devices for Portable Power 1,600,000 Lewis (CA) RDTE,DW Catalytic Oxidation Integrated Demonstration 2,400,000 LaTourette, Pastor RDTE,DW Cellulosic-Derived Biofuels Research Project 4,000,000 Chandler RDTE,DW Center for Advanced Emergency Response 4,400,000 Durbin RDTE,DW Center for Autonomous Solar Power (CASP) large-area, flexible PV energy research 4,000,000 Hinchey Schumer RDTE,DW Center for Innovative Geospatial Technology 10,000,000 Lewis (CA) RDTE,DW Center for Nonproliferation Studies, Monterey Institute for International Affairs 1,200,000 Berman RDTE,DW CEROS 10,000,000 Inouye RDTE,DW Chemical Warfare Agent Fate Appropriate Response Tool 1,600,000 Kildee RDTE,DW Chemical/Biological Infrared Detection System 1,200,000 Collins RDTE,DW Chemical/Biological Preparedness Center for Advanced Development of Mobile Rapid Re- 4,000,000 Rothman sponse Prototypes RDTE,DW Collaboration Gateway 1,200,000 Lewis (CA) RDTE,DW Collection Management Tool Development 1,440,000 Cramer, Aderholt Shelby RDTE,DW Combating Terrorism Technology Support Office/STAR-TEC Partnership Program 2,400,000 Young (FL) RDTE,DW Commercial Denied Area Radargrammetry Mapping 800,000 Allard, Salazar RDTE,DW Commodity Management System Consolidation program 1,600,000 Byrd RDTE,DW Common UGV Command and Control for PSYOP Programs 800,000 Moran (VA) RDTE,DW Communications-Capable Reconnaissance Imager 800,000 Leahy RDTE,DW Comprehensive Maritime Domain Awareness 4,500,000 Young (FL) RDTE,DW Comprehensive National Incident Management System 2,000,000 Moran (VA), Goode Warner, Webb RDTE,DW Connectory Expansion for Rapid Identification of Technology Sources for DoD 400,000 Hunter RDTE,DW Contaminated Human Remains Pouch 1,600,000 Brownback, Roberts RDTE,DW Continuation of Advanced Materials (Mercuric Iodide) Research for Nuclear Detection, 800,000 Young (FL) Counter-Proliferation and Imaging for CBRNE Special Operations RDTE,DW Continuation of Industry Based Research into Biological Agent Identifiers without Wet Re- 1,600,000 Young (FL) agents RDTE,DW Continued Expansion of Prototypes for the Destruction of Airborne Pathogens Project 800,000 Slaughter RDTE,DW Continuous Acquisition and Life-Cycle (CALS) and Integrated Data Environment and Defense 3,200,000 Byrd Logistics Enterprise Services Program RDTE,DW Copper-Based Casting Technology Applications 2,800,000 Perlmutter Salazar RDTE,DW Corrosion Engineering Education Initiative 800,000 Regula, Ryan (OH), Sutton RDTE,DW Countering Missile-related Technology Proliferation 2,000,000 Goode RDTE,DW Countermeasures to Chemical/Biological Control-Rapid Response 2,400,000 Young (FL) Nelson (FL) RDTE,DW Covert Communications for SOF Operations 1,600,000 Gingrey Chambliss, Isakson RDTE,DW Covert Sensing and Tagging System (CSTS) 1,200,000 Moran (VA)

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Requester(s) Account Project Amount House Senate

RDTE,DW C-Scout Container Security System 2,400,000 Reid RDTE,DW CV-22 Helmet Mounted Display 2,000,000 Young (FL) Bayh, Lugar RDTE,DW Defense Command Integration Center 880,000 Moore (KS), Boyda Brownback RDTE,DW Defense Fuelcell Locomotive 2,000,000 Brownback RDTE,DW Defense Leadership and Technology Initiative 2,400,000 Bishop (GA); Cummings; Davis (IL); Jackson- Schumer Lee; Johnson, Eddie Bernice; Lee; Meek; Nor- ton; Ruppersberger; Sestak; Watt RDTE,DW Defense Support to Large Scale Disaster Preparedness 800,000 Landrieu, Vitter RDTE,DW Defense Through Early Containment 1,200,000 Towns RDTE,DW Department of Defense Corrosion Program 12,000,000 Cochran, Wicker RDTE,DW Directed Energy Systems for UAV Payloads 800,000 Tiahrt RDTE,DW Disaster Response: Communications and Other Infrastructure Restoration 4,000,000 Crapo RDTE,DW Distributed Network Switching 2,000,000 Sanchez, Loretta Boxer RDTE,DW DNA Safeguard 1,200,000 Craig, Crapo RDTE,DW Document Analysis and Exploitation 1,600,000 Dent Casey, Specter RDTE,DW Document and Media Search and Discovery (DMSD) 1,440,000 Cochran, Wicker RDTE,DW Dual Use Technologies for Bio-Defense: Drug Design and Delivery of Novel Therapeutics 1,200,000 Diaz-Balart, Mario RDTE,DW EDIT Technology for Counter-Tunnel Operations and Cache Detection 800,000 Udall (NM) Domenici RDTE,DW Electric Grid Reliability/Assurance 1,200,000 Simpson Craig, Crapo RDTE,DW Electronics and Materials for Flexible Sensors and Transponders 3,200,000 Pomeroy Conrad, Dorgan RDTE,DW Emerging Critical Interconnection Tech 2,000,000 Ellsworth Bayh, Lugar RDTE,DW Enhanced Simulation for IO Capabilities 5,120,000 Cochran, Wicker RDTE,DW Environmentally Friendly Aircraft Decontamination Systems 1,600,000 LaTourette RDTE,DW Environmentally Friendly Nanometal Electroplating Processes for Cadmium and Chromium Re- 5,304,000 Obey placement RDTE,DW Environmentally Intelligent Moisture and Corrosion Control 2,000,000 Visclosky Lautenberg, Menendez RDTE,DW Expeditionary Persistent Power (USSOCOM) 1,600,000 Shuster RDTE,DW Explosively Formed Projectile Iron Curtain 800,000 Moran (VA) RDTE,DW Ex-Rad Radiation Protection Program 5,000,000 Lautenberg, Menendez RDTE,DW Extended-Lifetime Radioisotope Batteries 1,600,000 Price (NC) Burr RDTE,DW Eye-Safe Long Range Stand-off System for Detection of Chemical and Biological Weapons 1,500,000 Cubin Enzi RDTE,DW Facial Recognition Technology Initiative 2,000,000 Klein RDTE,DW Facility Security Using Tactical Surveys 2,400,000 Lewis (CA) RDTE,DW Feature Size Migration at DMEA AMRS Boundary 2,000,000 Lungren, Matsui RDTE,DW Ferroelectric Component Technology 1,200,000 Peterson (PA) Casey, Specter RDTE,DW Field Experimentation Program for Special Operations 1,600,000 Farr RDTE,DW First Link 2,000,000 Murtha RDTE,DW Flashlight Soldier-to-Soldier Combat Identification System (FSCIS) 5,600,000 Granger, Rodriguez Cornyn RDTE,DW Florida Defense Manufacturing Supply Chain Initiative 2,000,000 Brown (FL) RDTE,DW Foliage Penetrating Reconnaissance and Surveillance System 3,200,000 Akaka RDTE,DW Full Scale Impact and Blast Loading Laboratory Testing Program 1,600,000 Davis (CA) Boxer RDTE,DW Generation II Special Operation Forces Internally Transported Vehicle (SOF-ITV) 1,600,000 Waters RDTE,DW Gulf Range Mobile Instrumentation Capability 800,000 Miller (FL) RDTE,DW Helicopter Cable Warning and Obstacle Avoidance 800,000 Harman Isakson RDTE,DW High Assurance Cross Domain Solutions for High Performance Computing Center Net-Centric 2,000,000 Sununu Operations RDTE,DW High Assurance Cross Domain Technology Development 2,000,000 Bilirakis Sununu RDTE,DW High Performance Computational Design of Novel Materials 2,480,000 Cochran RDTE,DW High Performance Tunable Materials 2,400,000 Conrad, Dorgan RDTE,DW High Speed, High Volume Laboratory Network for Infectious Diseases 5,000,000 Pelosi, Udall (NM) Boxer, Domenici RDTE,DW High-Pressure Mobile Water Delivery System 800,000 Walberg RDTE,DW Hostile Fire Indicating System 800,000 Barton, Sestak RDTE,DW Hybrid Power Generation System 1,200,000 Simpson Crapo RDTE,DW HyperAcute Vaccine Development 2,400,000 Latham Grassley, Harkin RDTE,DW IM Formulation Development of Anthrax Therapeutic 800,000 Frelinghuysen Lautenberg, Menendez

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22572 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 DEFENSE—Continued

Requester(s) Account Project Amount House Senate

RDTE,DW Improved Chemical, Biological, and Radiological Filters 1,600,000 Warner, Webb RDTE,DW Improved Collapsible Urethane-Fuel Storage Tanks (ICU-FST) 1,600,000 Regula; Davis, David; Ryan (OH) RDTE,DW Improved Commercial Integration (ICI) 800,000 Allard RDTE,DW Improved Information Transfer for Special Forces 2,400,000 Young (FL) RDTE,DW Improved LAS Glass-Ceramic Laminated Armored Window Systems 1,600,000 Duncan RDTE,DW In Transit Visibility System 800,000 Brady (PA) RDTE,DW In Vitro Models for Biodefense Vaccines 1,000,000 Brown (FL) Martinez, Nelson (FL) RDTE,DW Indiana Complex Operations Partnership 2,000,000 Hill Bayh, Lugar RDTE,DW Indium Based Nitride Technology Development 3,000,000 Clyburn RDTE,DW Infections Disease Research (AMNH) for Defense Research Sciences 2,000,000 Lowey, Nadler RDTE,DW Inland Empire Perchlorate Wellhead Treatment 2,000,000 Baca Boxer RDTE,DW Institute for Collaborative Sciences Research 1,200,000 Meek RDTE,DW Institute for Information Security 2,500,000 Inhofe RDTE,DW Institute of Advanced Flexible Manufacturing Systems 7,000,000 Byrd RDTE,DW Integrated Analysis Environment 1,200,000 Moran (VA) RDTE,DW Integrated Bridge System 1,200,000 Mollohan RDTE,DW Integrated Cryo-cooled High Power Density Systems 1,600,000 Boyd Nelson (FL) RDTE,DW Integrated Signature Production and Exploitation 800,000 Johnson (IL) RDTE,DW Integration of Force XXI Battle Command, Brigade & Below (FBCB2) with Tactical Handheld 1,200,000 Shelby Digital Devices (THDD) RDTE,DW Intelligence Analyst Education and Training 3,900,000 Cochran, Wicker RDTE,DW Intelligent Decision Exploration 3,600,000 Inouye RDTE,DW Intelligent Remote Sensing for Urban Warfare Operations 2,400,000 Sestak, Fattah RDTE,DW Joint Ground Robotics Enterprise Modeling, Simulation, Analysis Project 800,000 Emerson RDTE,DW Joint Gulf Range Complex Upgrade 1,200,000 Miller (FL) RDTE,DW Joint Services Aircrew Mask Don/Doff In-flight Upgrade 1,600,000 Castle Biden, Carper RDTE,DW Laboratory for High Performance Computational Systems 1,600,000 Cramer RDTE,DW Large Scale Single-Use Bioreactor for Rapid Response to Bioterrorism 800,000 Rogers (MI) RDTE,DW Liquid Crystal Sensor Technology Research and Development for Force Protection 2,400,000 Baldwin Kohl RDTE,DW Lithium Ion Battery Safety Detection and Control of Impending Catastrophic Failures 1,600,000 Bayh, Lugar RDTE,DW Long-range Tagging and Locating System 800,000 Hutchison RDTE,DW Low Cost Stabilized Turret 1,600,000 Crenshaw RDTE,DW Machine Augmented Composite Armor 800,000 Rodriguez RDTE,DW Managing and Extending DoD Asset Lifecycles 2,500,000 Abercrombie Akaka RDTE,DW Maritime UAS Demonstration for the SOUTHCOM Region 3,000,000 Cochran RDTE,DW MDIOC Modeling and Simulation 10,000,000 Lamborn Allard, Salazar RDTE,DW MHPCC 5,000,000 Inouye RDTE,DW Micro-Power Special Operations Generator 1,600,000 Capuano RDTE,DW Military/Law Enforcement Counterterrorism Test Bed 2,400,000 Young (FL) RDTE,DW MilTech Expansion Program 1,600,000 Baucus, Tester RDTE,DW Miniature, Remote Wideband Survey, Collection, and Recording System 800,000 Cramer RDTE,DW Miniaturized Chemical Detector for Chemical Warfare Protection (ChemPen) 1,600,000 McGovern, Olver RDTE,DW Mismatch Repair Derived Antibody Medicines to Treat Staphylococcus-derived Bioweapons 1,600,000 Gerlach, Sestak Specter RDTE,DW Mixed Oxidants for Chem Bio Decontamination 2,800,000 Boyd RDTE,DW Mobile Continuous Air Monitor (MCAM) 1,600,000 Brown (FL) RDTE,DW Mobile Sensor Enhancement to BMD Sensors Network 4,000,000 Langevin Kennedy, Vitter RDTE,DW Modeling and Simulation Standards Development 640,000 Forbes RDTE,DW Morehouse College, John Hopps Program 1,600,000 Bishop (GA), Lewis (GA) Chambliss, Isakson RDTE,DW Multiple Applications for Light Activated, Reactive Materiels for the Protection of the 1,600,000 Graves Warfighter, First Responder, and Public Health RDTE,DW Multiple Target Tracking Optical Sensor Array Technology 5,000,000 Akaka RDTE,DW Multi-Purpose Biodefense Immunoarray 800,000 DeLauro Dodd, Mikulski RDTE,DW Multi-Spectral Laboratory (UML) and Analytical Services Center (ASCENT) Program 1,600,000 Lucas Inhofe RDTE,DW Multivalent Marburg, Ebola Filovirus Vaccine Program 3,500,000 Brown (SC) Graham

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Requester(s) Account Project Amount House Senate

RDTE,DW Nano Porous Hollow Fiber Regenerative Chemical Filter 1,000,000 Hayes RDTE,DW National Biometrics Security Project 3,200,000 Byrd RDTE,DW National Consortium for MASINT Research 3,000,000 Bingaman, Cardin RDTE,DW National Nuclear Security Agency (NNSA ) Metals Declassification for Reuse by DoD in Arma- 2,720,000 Granger ments RDTE,DW National Repository of Digital Forensic Intelligence (NRDFI) and the Center for Telecommuni- 1,200,000 Lucas Inhofe cations and Network Security (CTANS) RDTE,DW Naval Research Lab Supercomputing Information Prototype 2,800,000 Obey RDTE,DW Networked Standoff Biological LIDAR 1,200,000 Moran (VA) RDTE,DW New England Defense Manufacturing Supply Chain Initiative 800,000 Michaud, Allen, Hodes, McGovern Collins, Dodd, Kennedy, Kerry, Leahy, Lieberman, Reed, Sanders, Snowe, Whitehouse RDTE,DW New Mexico State University Institute for Defense and Public Policy 10,000,000 Bingaman RDTE,DW Next Generation Intelligent Portable Radionuclide Detection and Identification Systems 1,600,000 English Specter RDTE,DW Next Generation Respiratory Protection 2,400,000 Johnson, Thune RDTE,DW NIDS Improved Handheld Biological Agent Detector 1,600,000 Castle Biden, Carper RDTE,DW Night Vision Sensor 1,000,000 Hirono RDTE,DW Northwest Defense Manufacturing Initiative 1,600,000 Walden, Blumenauer, DeFazio, Hooley, Wu Murray, Smith, Wyden RDTE,DW Northwest Maritime Information and Littoral Operations Program 2,800,000 Dicks RDTE,DW Novel System for Developing Therapeutics Against Botulism 4,000,000 Fortenberry Hagel, Nelson (NE) RDTE,DW Novel Viral Biowarfare Agent Identification and Treatment (NOVBAIT) 4,000,000 Pelosi RDTE,DW On-Site Alternative Fuel Manufacturing System 1,200,000 Carney RDTE,DW Pacific Data Conversion and Technology Program 1,000,000 Akaka, Inouye RDTE,DW Pacific Region Interoperability Test and Evaluation Capability 3,000,000 Inouye RDTE,DW Partnership for Defense Innovation Wi-Fi Laboratory Testing and Assessment Center 2,000,000 Hayes Burr RDTE,DW Pat Roberts Intel Scholars Program (PRISP) 2,000,000 Roberts RDTE,DW Photo Catalytic Oxidation (PCO) Demonstration for Water Reuse 2,400,000 Visclosky RDTE,DW Photovoltaic Power Supply for Autonomous Sensors 2,400,000 Etheridge RDTE,DW Picoceptor and Processor for Man-portable Threat Warning 3,500,000 Gregg RDTE,DW Plant Vaccine Development 1,600,000 Castle Biden, Carper RDTE,DW Playas Training and Research Center Joint Training Experiment 4,800,000 Wilson (NM) Bingaman, Domenici RDTE,DW Port and Hull Security 3D, Real Time Sonar System—Echoscope 1,600,000 Young (FL) RDTE,DW Portable Rapid Bacterial Warfare Detection Unit 4,000,000 Boswell, Latham Grassley, Harkin RDTE,DW Preventing Long-Term Brain and Lung Damage Caused by Battlefield Trauma Project 2,900,000 Slaughter, Higgins Schumer RDTE,DW Protection from Oxidative Stress 1,600,000 Harkin RDTE,DW Protective Self-Decontaminating Surfaces 1,600,000 Grijalva, Aderholt Shelby RDTE,DW Radio Inter-Operability System (RIOS) 800,000 Moran (VA) RDTE,DW Random Obfuscating Compiler Anti-Tamper Software 1,600,000 Michaud Collins, Snowe RDTE,DW Range Element Network Enterprise Technology (RE-NET) 4,000,000 Kingston, Bishop (GA) Chambliss, Isakson RDTE,DW Rapid Forensic Evaluation of Microbes in Biodefense 1,000,000 Murtha RDTE,DW Rapid Response Institute 3,200,000 Pallone, Saxton, Smith (NJ) Lautenberg, Menendez RDTE,DW Reactive Overlay and Removable CBRN Coatings 1,600,000 McDermott Murray RDTE,DW Recombinant BChE Formulation Program 1,600,000 Sarbanes Cardin RDTE,DW Reliability Testing of Lead-Free Circuits/Components 1,440,000 Visclosky RDTE,DW Remote Sensor Network Services Platform 2,000,000 Conrad, Dorgan RDTE,DW Renewable Fuel Systems for Defense Applications 3,200,000 Andrews, Sires Lautenberg, Menendez RDTE,DW Research of Chemical and Biological Warfare Agents 800,000 Rangel RDTE,DW Research on a Molecular Approach to Hazardous Materials Decontamination 1,200,000 Craig, Crapo RDTE,DW Robotic Mobility Platform System 1,200,000 Boyd Gregg RDTE,DW Roll-On, Roll-Off Reconnaissance, Surveillance, and Special Mission Palletized System 4,000,000 Murtha RDTE,DW Scalable Topside Array Radar Demonstrator 800,000 Gilchrest, Bartlett, Ruppersberger, Sarbanes Cardin, Mikulski RDTE,DW SeaCatcher UAS Launch and Recovery System 1,600,000 Sarbanes RDTE,DW SEAL Delivery Vehicle (SDV) Integrated Combat System (ICS) 3,200,000 Murtha RDTE,DW Secure Media and ID Card Development 240,000 Reid RDTE,DW Secure, Miniaturized, Free Space, Optical Communications 2,000,000 Rothman Lautenberg, Menendez RDTE,DW Security for Critical Communication Networks 3,600,000 Rothman, Sires Lautenberg, Menendez

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Requester(s) Account Project Amount House Senate

RDTE,DW Semiconductor Photomask Technology Infrastructure Initiative 2,400,000 Tauscher RDTE,DW Shock Trauma Research Center 2,000,000 Cleaver RDTE,DW Signal Intelligence and Electronic Warfare Developments for Integration of SOF Systems 1,600,000 Brown (SC) Graham RDTE,DW Simultaneous Field Radiation Technology (SFRT) 2,300,000 Pickering Cochran, Wicker RDTE,DW Small Assault Vehicle Expeditionary (SAVE) 800,000 Landrieu RDTE,DW Smart Bomb Millimeter Wave Radar Guidance System 2,000,000 Cochran RDTE,DW Smart, Modular Regenerative Off-Grid Hydrogen Fuel Cell 1,000,000 Larson Dodd RDTE,DW SOF Mission Training and Preparation Systems Interoperability 1,600,000 Young (FL) RDTE,DW Software Assurance Education and Research Institute 800,000 Kilpatrick, Conyers RDTE,DW Space-Based Interceptor Study 5,000,000 Allard, Inhofe, Kyl, Sessions RDTE,DW Spartan Advanced Composite Technology 1,600,000 Conrad, Dorgan RDTE,DW Spintronics Memory Storage Technology 2,400,000 Lewis (CA) RDTE,DW Strategic Materials and Silicon Carbide Optics 4,400,000 Inouye RDTE,DW Superlattice Nanotechnology 2,000,000 Hayes Burr, Dole RDTE,DW Superstructural Particle Evaluation and Characterization with Targeted Reaction Analysis 1,200,000 Burr, Dole (SPECTRA) RDTE,DW Surface Enhanced Infrared Detection of Threats 1,200,000 Edwards (TX) RDTE,DW Synthetic Fuel Innovation 4,000,000 Byrd RDTE,DW Tactical Biometrics Operating and Surveillance System (TBOSS) 1,600,000 Capito RDTE,DW Technology for Shallow Water Special Operations Forces Mobility 2,400,000 Boyd Nelson (FL) RDTE,DW Technology Infusion Cell (TIC) 1,000,000 Hayes RDTE,DW Terahertz High-Resolution Portable Explosives Detector 800,000 Schiff RDTE,DW Total Perimeter Surveillance 1,000,000 Walberg Stabenow RDTE,DW Tunable MicroRadio for Military Systems 4,800,000 Conrad, Dorgan RDTE,DW UAV Situational Awareness System 1,000,000 Drake RDTE,DW UAV Systems Operations Validation Program (USOVP) 5,000,000 Pearce, Wilson (NM) Bingaman, Domenici RDTE,DW Ultra Low Power Electronics for Special Purpose Computers 1,600,000 Craig, Crapo RDTE,DW Ultra Photonics Program 1,280,000 Barrett RDTE,DW Ultra Portable Unmanned Surveillance Helicopter 1,000,000 Murtha RDTE,DW Ultrahigh-Strength Steel for Landing Gear 2,000,000 Hobson RDTE,DW Ultra-rapid Next Generation Pathogen Identification 2,000,000 Cochran RDTE,DW UML UAV/UAS Test Facility 2,400,000 Cole RDTE,DW Unified Management Infrastructure System 1,200,000 Schakowsky RDTE,DW University Strategic Partnership 3,200,000 Wilson (NM) Bingaman, Domenici RDTE,DW Unmanned Aerial Vehicle Avionics Upgrade (UAVAU) 1,200,000 Specter RDTE,DW Unmanned Aerial Vehicles 1,200,000 Stevens RDTE,DW Vaccine Development Program 800,000 Pascrell Lautenberg, Menendez RDTE,DW Vacuum Sampling Pathogen Collection and Concentration 3,200,000 Simpson Craig, Crapo RDTE,DW Validation of an Enhanced Urban Air Blast Tool 2,400,000 Nadler Schumer RDTE,DW Vehicle Fuel Cell and Hydrogen Logistics Program 8,000,000 Levin RDTE,DW Vet-Biz Initiative for National Sustainment (VINS) 2,000,000 Sarbanes Mikulski RDTE,DW ViriChip Rapid Virus Detection Systems 1,600,000 Harkin RDTE,DW Weapons Shot Counter 1,400,000 McConnell RDTE,DW Wiring Integrity Technology 1,600,000 Bishop (GA), Marshall RDTE,DW X-Band/W-Band Solid State Power Amplifier 1,600,000 Young (FL) RDTE,DW Zumwalt National Program for Countermeasures to Biological and Chemical Threats 1,200,000 Neugebauer RDTE,N 76mm Swarmbuster Capability 1,600,000 Crenshaw RDTE,N Accelerated Improvement for Active Surface Electronic Warfare Systems 1,600,000 Moran (VA) RDTE,N Accelerating Fuel Cells Manufacturability and their Application in the Armed Forces 2,400,000 Slaughter Schumer RDTE,N ACINT (MASINT) Tape Digitization Program 2,000,000 Inhofe RDTE,N Acoustic Research Detachment Large Scale Vehicles Operations Enhancement 480,000 Sali Craig, Crapo RDTE,N Acoustic Research Detachment Test Support Platform Upgrade 1,500,000 Sali Craig, Crapo RDTE,N Adaptive Diagnostic Electronic Portable Testset (ADEPT) 800,000 Schwartz RDTE,N Adelos National Security Sensor System 2,000,000 Baucus, Tester

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Requester(s) Account Project Amount House Senate

RDTE,N Advanced Airship Flying Laboratory, AAFL Phase 2 1,600,000 Smith, Wyden RDTE,N Advanced Composite Maritime Manufacturing 2,000,000 Castle Biden, Carper RDTE,N Advanced Continuous Active Sonar for UUVs 2,500,000 Craig, Crapo RDTE,N Advanced Fluid Controls for Shipboard Applications Phase III 2,500,000 Garrett Lautenberg, Menendez RDTE,N Advanced High Energy Density Surveillance Power Module 2,400,000 Baldwin Kohl RDTE,N Advanced Linear Accelerator (LINAC) Facility 3,200,000 Hill Bayh, Lugar RDTE,N Advanced Logistics Fuel Reformer for Fuel Cells 2,400,000 DeLauro Dodd RDTE,N Advanced Molecular Medicine Initiative 2,000,000 Solis, Dreier RDTE,N Advanced Naval Logistics 1,600,000 Casey, Specter RDTE,N Advanced Repair Technology for the Expeditionary Navy 800,000 Capps RDTE,N Advanced Ship Self Defense Technology Testing 4,000,000 Bishop (UT) Bennett, Hatch RDTE,N Advanced Simulation Tools for Aircraft Structures Made of Composite Materials 1,200,000 Clay Bond RDTE,N Advanced Steam Turbine 1,600,000 Kuhl Schumer RDTE,N Advanced Tactical Control System (ATCS) 1,600,000 Frank, Olver Kennedy, Kerry, Reed RDTE,N AEGIS Combat Information Center Modernization 4,000,000 Murtha RDTE,N Affordable Weapons System 11,200,000 Hunter, Gallegly RDTE,N Agile Laser Eye Protection 800,000 Walsh Schumer RDTE,N Agile Port and High Speed Ship Technology 6,000,000 Sa´nchez, Linda RDTE,N Aging Military Aircraft Fleet Support 1,600,000 Tiahrt Brownback, Roberts RDTE,N Air Combat Environment Test and Evaluation Facility upgrade 3,000,000 Hoyer Cardin, Mikulski RDTE,N Air Sentinel 1,000,000 Inouye RDTE,N Airborne Mine Countermeasures Open Architecture Technology Insertion 2,000,000 Davis (VA) RDTE,N Aircraft Composite Rocket Launcher Improvement 2,500,000 McCarthy (NY) RDTE,N All Weather Sense and Avoid Sensors for UAVs 2,500,000 Hoyer Cardin, Mikulski RDTE,N Amelioration of Hearing Loss 1,000,000 Baucus, Tester RDTE,N Analytics for Shipboard Monitoring Systems 1,600,000 Drake RDTE,N Arc Fault Circuit Breaker with Arc Location System 1,000,000 Matheson Bennett, Hatch RDTE,N Assault Directed Infrared Countermeasures 2,000,000 Rothman RDTE,N Assistive Technologies for Injured Servicemembers 1,600,000 Martinez RDTE,N ASW Training Interoperability Enterprise Demonstration Test Bed 1,600,000 Dicks RDTE,N Automated Fiber Optic Manufacturing Initiative 2,800,000 Drake, Scott (VA) Warner, Webb RDTE,N Automated Readiness Measurement System (ARMS) 2,800,000 Davis (VA), Courtney, Drake Warner, Webb RDTE,N Autonomous Acoustic Array Advanced Tubular Solid Oxide Fuel Cell 2,000,000 Olver Kennedy RDTE,N Autonomous Anti-Submarine Vertical Beam Array 1,600,000 Miller (NC), Coble Burr RDTE,N Autonomous Marine Sensors and Networks for Rapid Littoral Assessment 1,600,000 Young (FL) RDTE,N Autonomous Power Management for Distributed Operation 400,000 Conrad, Dorgan RDTE,N Autonomous Unmanned Surface Vessel 1,200,000 Akaka RDTE,N Autonomous Unmanned Undersea Vehicle (UUV) Delivery and Communication (AUDAC) Imple- 2,800,000 Dicks, Inslee Murray mentation RDTE,N Base Level Inventory Tracking System Enhancements 2,800,000 Vitter RDTE,N Bio/Nano-MEMS for Defense Applications 1,500,000 McConnell RDTE,N Biochemical Agent Detection 800,000 Edwards (TX) RDTE,N Biosensors for Defense Applications 2,000,000 Landrieu RDTE,N Boat Trap System for Port Security/Water Craft Interdiction 2,400,000 Markey, Welch Leahy RDTE,N Bow Lifting Body Ship Research 6,240,000 Kagen, Stupak Inouye RDTE,N C-Band Radar Replacement Development 4,000,000 Young (FL) RDTE,N Center for Applied Research in Intelligent Autonomous Systems 2,400,000 Sestak, Fattah Casey, Specter RDTE,N Center for Commercialization of Advanced Technology 2,500,000 Lewis (CA), Davis (CA) RDTE,N Center for Quantum Studies 1,200,000 Warner, Webb RDTE,N Chafing Protection System 1,200,000 Pomeroy Conrad, Dorgan RDTE,N Collective Aperture Multi-Band Sensor System 3,500,000 Gregg, Sununu RDTE,N Combustion Light Gas Gun Projectile 4,000,000 Byrd RDTE,N Common Architecture Imaging System (CAIS) Program 800,000 Sherman RDTE,N Common Below Decks Affordable Architecture 3,200,000 Young (FL)

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22576 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 DEFENSE—Continued

Requester(s) Account Project Amount House Senate

RDTE,N Common Expeditionary Force Protection System Architecture 4,000,000 Kennedy Reed RDTE,N Compact Ultra-fast Laser System Development 1,600,000 Ellsworth Bayh, Lugar RDTE,N Composite Materials Enhancements through Polymer Science Research and Development 2,240,000 Cochran RDTE,N Composite Tissue Transplantation for Combat Wounded Repair 2,000,000 Chambliss RDTE,N Computational Modeling and High Performance Computing in Advanced Material Processing, 1,200,000 Watt Synthesis and Design RDTE,N Condition-based Maintenance Enabling Technologies Program 2,400,000 Byrd RDTE,N Cooperative Engagement Capability 4,800,000 Young (FL) RDTE,N Countermine Lidar UAV-based System 1,200,000 Taylor Cochran RDTE,N Covert Robust Location Aware Wireless Network 1,600,000 Sanchez, Loretta RDTE,N Cross-Domain Network Access System 800,000 Johnson (IL) Durbin RDTE,N Data Acquisition Reporting and Trending System (DARTS) 2,400,000 Brady (PA) RDTE,N DDG 51 Permanent Magnet Hybrid Electric Propulsion System 7,600,000 Bartlett, Murphy (CT), Olver, Tsongas Dodd, Kennedy, Kohl, Lieberman RDTE,N DDG-51 Hybrid Drive System 6,600,000 Cochran, Wicker RDTE,N Defense Modernization and Sustainment Initiative 5,000,000 Kuhl RDTE,N Deployable Command and Control Vehicle 1,200,000 Boyd RDTE,N DEPUTEE—High Powered Microwave Non-Lethal Vehicle/Vessel Engine Disabling 1,600,000 Baucus, Bingaman RDTE,N Desktop Virtual Trainer Follow-On 2,400,000 Murtha RDTE,N Detection and Neutralization of Electronically Initiated Improvised Explosive Devices 2,000,000 Emerson RDTE,N Detection, Tracking, and Identification for ISRTE of Mobile and Asymmetric Targets 1,600,000 Akaka RDTE,N Digital Directed Manufacturing Project 1,700,000 Yarmuth McConnell RDTE,N Digital Modular Radio (DMR) 2,000,000 Pastor RDTE,N Digitization, Integration, and Analyst Access of Investigative Files, NCIS 1,600,000 Byrd RDTE,N Directed Energy Initiative 1,760,000 Warner, Webb RDTE,N Disposable Biocidal Medical Masks for NAMRU Evaluation 800,000 Leahy RDTE,N Distributed Maritime Surveillance System 1,600,000 Hutchison RDTE,N Distributed Targeting Processor 2,400,000 Weldon RDTE,N Domain Specific Knowledge Capture Interface 1,360,000 Carney RDTE,N Durability, Energy Saving and Sustainability of Oceanic Vehicles and Support Infrastructure 800,000 Lincoln, Pryor Through Use of Nanotech Lubricants RDTE,N E-Beam Free Form Repair Qualification 1,200,000 Lipinski, Inslee RDTE,N Electrochemical Field Deployable System for Water Generation 2,800,000 Berkley Ensign, Reid RDTE,N Electromagnetic Signature Assessment System using Multiple AUVs 1,600,000 Craig, Crapo RDTE,N Electronic Motion Actuation Systems 800,000 Latta, Higgins, Shuler, Sutton Bennett, Dole, Hatch, Voinovich RDTE,N Energetics S&T Workforce Development 4,500,000 Hoyer Cardin, Mikulski RDTE,N Energy Efficient Gallium Nitride Semiconductor Technology 1,040,000 Visclosky, Capps RDTE,N Enhanced Special Weapons/Nuclear Weapons Security program 1,600,000 Hooley, Wu Smith, Wyden RDTE,N Environmentally Sealed, Ruggedized Avionics Displays 4,000,000 Butterfield, Hayes, McIntyre Burr, Dole RDTE,N EP-3E Requirements Capability Migration Technology Integration Lab 4,800,000 Edwards (TX) RDTE,N Evaluating ELF Signals in Maritime Environments 1,600,000 Sali Craig, Crapo RDTE,N Expeditionary Swimmer Defense System 2,400,000 Murray RDTE,N Extended Underwater Optical Imaging 2,000,000 Mahoney, Hastings (FL) Martinez, Nelson (FL) RDTE,N Extensible Launching System 3,000,000 Cummings, Ruppersberger Cardin, Mikulski RDTE,N Extreme Torque Density (XTM) Propulsion Motor 800,000 Altmire Casey, Specter RDTE,N F/A-18 Avionics Ground Support System 2,400,000 Peterson (PA) Casey, Specter RDTE,N Fiber Optic Conformal Acoustic Velocity Sensor (FOCAVES) 2,000,000 Cannon, Bishop (UT) Bennett, Hatch RDTE,N Field Support of Fiber Optic Cable 1,600,000 Schwartz RDTE,N Floating Area Network Littoral Sensor Grid 4,800,000 Dicks RDTE,N Friction Stir Welding 800,000 Bennett RDTE,N Fusion, Exploitation, Algorithm, Targeting High-Altitude Reconnaissance 6,000,000 Bennett RDTE,N Future Fuel Non-Tactical Vehicle Initiative 1,600,000 Kuhl Levin, Stabenow, Schumer RDTE,N Galfenol Energy Harvesting 1,600,000 Latham Grassley, Harkin RDTE,N Gallium Nitride RF Power Technology 1,600,000 Coble, Watt Burr, Dole RDTE,N Guillotine 1,600,000 Warner, Webb

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Requester(s) Account Project Amount House Senate

RDTE,N Hampton University Cancer Treatment Initiative 8,000,000 Scott (VA), Moran (VA) RDTE,N Harbor Shield—Homeland Defense Port Security Initiative 3,500,000 Reed, Voinovich, Whitehouse RDTE,N HealtheForces 2,800,000 Byrd RDTE,N High Awareness Littoral Observing (HALO) Sensor—360 Degree Imaging for Submarines 1,200,000 Neal, Olver Kerry, Leahy RDTE,N High Energy Conventional Energetics (Phase II) 3,200,000 Hoyer Bingaman, Cardin, Domenici, Mikulski RDTE,N High Power Density Motor Drive 1,000,000 Murphy, Tim RDTE,N High Power Density Propulsion and Power for USSVs 1,600,000 Allen Collins, Snowe RDTE,N High Power Free Electron Laser Development for Naval Applications 2,400,000 Wittman Warner, Webb RDTE,N High Speed ACRC & Composites Sea Lion Craft Development 2,000,000 Cochran, Wicker RDTE,N High Speed Anti-radiation Demonstration (HSAD) 800,000 Davis (VA), McKeon RDTE,N High Speed Blood and Fluid Transfusion Equipment 3,100,000 Reid RDTE,N High Strength Welded Structures 800,000 Moran (VA) RDTE,N High Temperature Superconductor Trap Field Magnet Motor 2,000,000 Carter RDTE,N Highly Corrosive-Resistant Alloy Joining for Nuclear Applications 800,000 Simpson Craig, Crapo RDTE,N Highly Integrated Optical Interconnect for Military Avionics 1,600,000 Stupak Levin, Stabenow RDTE,N Holographic Optical Filter for Light Detection and Ranging (LIDAR) 2,000,000 Schwartz; Murphy, Patrick; Sestak Casey, Specter RDTE,N HTDV 10,000,000 Inouye RDTE,N Human Neural Cell-Based Biosensor 1,000,000 Isakson RDTE,N Hydrogen Fuel Cell Development 1,200,000 Butterfield Dole RDTE,N Hydrokinetic Power Generator 1,600,000 Dingell Levin, Stabenow RDTE,N Immersive Naval Officer Training Systems 3,000,000 Reed, Whitehouse RDTE,N Implementation of Formable Textile for Composite Shaped Aerospace Composite Structures 1,600,000 Michaud, Allen Collins, Snowe RDTE,N Improved Corrosion Protection for Electromagnetic Aircraft Launch System (EMALS) for CVN- 2,000,000 LoBiondo, Sestak, Smith (NJ) 21 Class Carriers RDTE,N Improved Interoperability Research and Development to support NAVAIR and GWOT 2,000,000 Hoyer RDTE,N Improved Stealth and Lower Cost Operations for Ships Using High Strength Flame Resistant 1,600,000 Murray LCP Reinforced Netting RDTE,N In Buoy Processor for Trigger and Alert Sonobuoy System (TASS) 2,000,000 Abercrombie RDTE,N Infrared LED Free Space Optics Communications Advancement 400,000 Hunter RDTE,N Infrared Materials Laboratories 2,500,000 Cole Inhofe RDTE,N Integrated Advanced Ship Control (IASC) 1,200,000 Tierney RDTE,N Integrated Manufacturing Enterprise 2,400,000 McCrery Landrieu, Vitter RDTE,N Integrated Naval Electronic Warfare 1,000,000 Drake RDTE,N Integrated Power System Converter 2,000,000 Murphy, Tim Casey, Specter RDTE,N Integrated Product Support Data Management System 1,000,000 Rogers (KY) RDTE,N Integrated Ship and Motion Control Technology 3,440,000 Courtney, Gillibrand Dodd, Lieberman, Schumer RDTE,N Integrated Warfighter Biodefense Program 3,000,000 Castle Biden, Carper RDTE,N Integration of Electro-Kinetic Weapons into Next Generation of Navy Ships 4,500,000 Boyd Martinez, Nelson (FL) RDTE,N Integration of Logistics Information for Knowledge Projection and Readiness Assessment 1,600,000 Byrd RDTE,N Intelligent Retrieval of Imagery 2,400,000 Moran (VA) RDTE,N Intelligent Work Management for Class Squadrons (CLASSRONS) 2,000,000 Brown (FL) RDTE,N Joint Explosive Ordnance Disposal Diver Situational Awareness System 1,200,000 Moran (VA) RDTE,N Joint Integrated Systems Technology for Advanced Digital Networking (JIST-NET) 800,000 Hunter RDTE,N JSF F-35B Lift Fan Component Manufacturing 1,600,000 Smith (TX), Rodriguez RDTE,N Kinetic Hydropower System (KHPS) Turbine 2,400,000 Inslee, Engel, Maloney, Towns Murray, Schumer RDTE,N Landing Craft Composite Lift Fan 1,000,000 Dent, Garrett Lautenberg, Menendez RDTE,N Large-Scale Demonstration Item for Virginia Class Submarine Bow Dome 1,800,000 Taylor Cochran RDTE,N Laser Perimeter Awareness System 1,500,000 Coleman RDTE,N Layered Surveillance/Sensing 1,600,000 Young (FL) RDTE,N LCS Common Mission Package Training Environment 4,500,000 Murtha RDTE,N Lightweight Composite Structure Development for Aerospace Vehicles 800,000 Sullivan Inhofe RDTE,N Lithium Batteries 1,600,000 Bishop (GA) Chambliss, Isakson RDTE,N Lithium/Sulfur Chemistry Validation for Sonobuoy Application 1,600,000 Boyda Brownback, Roberts RDTE,N Lithium-Ion Cell Development with Electro Nano Materials 4,000,000 Bond

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Requester(s) Account Project Amount House Senate

RDTE,N Littoral Battlespace Sensing-Autonomous UUV 800,000 Alexander Landrieu RDTE,N Long Range Synthetic Aperture Sonar for ASW 800,000 Moran (VA) Warner, Webb RDTE,N Long Wavelength Array 2,800,000 Wilson (NM) Bingaman, Domenici RDTE,N Low Acoustic and Thermal Signature Battlefield Power Source 2,000,000 Baucus, Tester RDTE,N Low Cost Laser Module Assembly for Acoustic Sensors 1,600,000 Sestak Specter RDTE,N Low Cost Multi-Channel Camera System 2,400,000 Bonner RDTE,N Low Cost, Expendable, Fiber Optic Sensor Array 5,000,000 Murtha Specter RDTE,N Low-Cost Image-Based Navigation and Precision Targeting 800,000 Markey Kerry RDTE,N Low-Signature Modular Weapon Platform 3,200,000 Blumenauer, Baird, DeFazio, Hooley, Wu Murray, Smith, Wyden RDTE,N M65 Bismaleimide Carbon Fiber Prepreg 1,600,000 Aderholt, Bishop (UT), Tauscher Bennett, Dodd, Hatch RDTE,N Magnetic Refrigeration Technology 2,400,000 Baldwin Kohl RDTE,N MARCOM Computer Research 1,000,000 Hutchison RDTE,N Marine Mammal Awareness, Alert and Response Systems (MMAARS) 2,400,000 Abercrombie RDTE,N Marine Mammal Hearing and Echolocation Research 1,600,000 Abercrombie RDTE,N Maritime Security—Surface and Sub-surface Surveillance System and Expeditionary Test-Bed 3,600,000 Boyd RDTE,N Micro-munitions Interface for Tactical Unmanned Systems (MITUS) 1,600,000 Ehlers, McCarthy (CA) Stabenow RDTE,N Millimeter Wave Imaging 1,600,000 Castle Biden, Carper RDTE,N Mk 48 Torpedo Post-Launch Communication System 800,000 Arcuri Schumer RDTE,N Mk V.1 MAKO for Improved Signature and Weight Performance 2,000,000 Allen Collins, Snowe RDTE,N Mobile Acoustic Decoys for Surface Ship Defense 960,000 Price (NC) Dole RDTE,N Mobile Manufacturing and Repair Cell/Engineering Education Outreach Program 2,400,000 Conyers, Dingell, Kilpatrick, Knollenberg, Levin Levin RDTE,N Mobile Oxygen, Ventilation and External Suction (MOVES) 1,200,000 Johnson, Sam Cornyn RDTE,N Mobile Valve and Flex Hose Maintenance (MVFM) 1,000,000 Allen Collins, Snowe RDTE,N Modular Advanced Vision System 2,000,000 Casey, Specter RDTE,N Molten Carbonate Fuel Cell Demonstrator 3,500,000 Dodd, Lieberman RDTE,N Multi-Function Laser System 1,200,000 English Casey, Specter RDTE,N Nanotechnology Engineering and Manufacturing Operations 1,600,000 Hirono RDTE,N National Initiatives for Applications of Multifunctional Materials 1,600,000 Hutchison RDTE,N National Radio Frequency Research and Development and Technology Transfer Center 4,000,000 Buyer, Ellsworth Bayh, Lugar RDTE,N National Security Training 1,600,000 Serrano RDTE,N National Sensor Fusion Support for Puget Sound Port Security 1,600,000 Dicks RDTE,N National Terrorism Preparedness Institute Anti-Terrorism/Counter-Terrorism Technology Devel- 3,000,000 Young (FL) opment and Training RDTE,N NAVAIR Distance Support Environment 800,000 Pascrell RDTE,N Naval Ship Hydrodynamic Test Facilities 4,000,000 Van Hollen Cardin, Mikulski RDTE,N Naval Special Warfare 11m RIB Replacement Craft Design 800,000 Michaud, Allen Collins, Snowe RDTE,N Navy Multi-Fuel Combustor for Shipboard Fuel Cell Systems 1,600,000 Lampson RDTE,N Navy Science and Technology Outreach (N-STAR)—Maryland 1,000,000 Cardin RDTE,N Network Expansion and Integration of Navy/NASA RDT&E Ranges and Facilities 4,800,000 Cardin, Mikulski RDTE,N Next Generation Automated Technology for Landmine Detection 1,600,000 Hagel, Nelson (NE) RDTE,N Next Generation Electronic Warfare Simulator 1,200,000 McCarthy (CA) RDTE,N Next Generation Phalanx with Laser Demo 10,700,000 Crowley, Walsh, Bishop (UT), Obey Bunning, Hatch, Kohl, McConnell, Schumer RDTE,N Next Generation Scalable Lean Manufacturing Initiative 2,400,000 Young (FL) RDTE,N Novel Coating Technologies for Military Equipment 4,800,000 Fortenberry Hagel, Nelson (NE) RDTE,N NULKA Decoy and Mk 53 Decoy Launch System 1,600,000 Kennedy RDTE,N ONAMI Nanoelectronics and Nanometrology Initiative 4,000,000 Wu, Blumenauer, DeFazio, Hooley, Walden Smith, Wyden RDTE,N On-Board Vehicle Power Systems Development 2,400,000 Shelby RDTE,N On-Demand Custom Body Implants/Prosthesis for Injured Personnel 1,600,000 Dingell Levin, Stabenow RDTE,N Open Architecture/Maintenance Free Operating Period (MFOP) 2,800,000 Moran (VA) RDTE,N Optimization of New Marine Coatings 1,600,000 Conrad, Dorgan RDTE,N Out of Autoclave Composite Processing 1,600,000 Clay, Akin RDTE,N Over-the-Horizon Vessel Tracking 800,000 Wittman, Scott (VA) RDTE,N Pacific Airborne Surveillance and Testing 15,000,000 Inouye RDTE,N Paragon System Upgrades 1,600,000 Moran (VA)

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Requester(s) Account Project Amount House Senate

RDTE,N Penn State Cancer Institute 2,800,000 Holden RDTE,N Permanent Magnet Linear Generator Power Buoy System 2,000,000 Hooley Smith, Wyden RDTE,N Persistent Surveillance Wave PowerBuoy System 3,000,000 Lautenberg, Menendez RDTE,N Planar Solid Oxide Fuel Cell System Demonstration at UTC SimCenter 3,500,000 Wamp RDTE,N PMRF Force Protection Lab 2,000,000 Inouye RDTE,N Point Mugu Electronic Warfare Laboratory Upgrade 1,600,000 Gallegly RDTE,N Portable Launch and Recovery System for Unmanned Aerial Vehicle Operation 3,200,000 Hastings (WA) Cantwell, Murray, Smith, Wyden RDTE,N Power Dense Integrated Power System for CG(X) 3,000,000 Bartlett Mikulski RDTE,N Precision Terrain Aided Navigation (PTAN) 1,600,000 Young (FL) RDTE,N Predicting Bio-Agent Threat Profiles Using Automated Behavior Analysis 1,600,000 Herseth Sandlin Johnson RDTE,N Puget Sound Anoxia Research for the Department of the Navy 1,200,000 Dicks RDTE,N Pulse Virtual Clinical Learning Lab 2,400,000 Ortiz RDTE,N Quiet Drive Advanced Rotary Actuator 2,000,000 Richardson, Harman, Higgins Schumer, Warner, Webb RDTE,N Radiation Hardness and Survivability of Electronic Systems 800,000 Bayh, Lugar RDTE,N Real-Time Hyperspectral Targeting Sensor 2,400,000 Hunter Gregg, Sununu RDTE,N Reduction of Weapon System Downtime Rapid Repair Structural Adhesives 2,400,000 Langevin Reed, Whitehouse RDTE,N Regenerative Fuel Cell Back-up Power 1,200,000 Larson Dodd RDTE,N Remote Continuous Energetic Material Manufacturing for Pyrotechnic IR Decoys 1,600,000 McCrery Vitter RDTE,N Repair of Massive Tissue Loss and Amputation through Composite Tissue Allotransplantation 3,200,000 Cummings Cardin RDTE,N Reparative Core Medicine 800,000 Young (FL) RDTE,N Research Support for Nanoscale Research Facility 2,800,000 Stearns Martinez RDTE,N RFID TECH Program 800,000 McConnell RDTE,N Rotor Blade Protection Against Sand and Water Erosion 800,000 Edwards (TX) RDTE,N Sacrificial Film Laminates for Navy Helicopter Windscreens 960,000 Spratt Graham RDTE,N Scalable Open Architecture Upgradeable Reliable Computing Environment 3,000,000 Murray RDTE,N Sea Base Mobility and Interfaces 5,000,000 Stevens RDTE,N Self Healing Target System for Laser and Sniper Ranges 1,600,000 Porter Reid RDTE,N Semi-Submersible UUV 1,600,000 Vitter RDTE,N Sensor Integration Framework 1,200,000 Boyd RDTE,N Sensorless Control of Linear Motors in EMALS 2,800,000 Reed RDTE,N Ship Affordability Through Advanced Aluminum 2,000,000 Carter, Braley Grassley, Harkin RDTE,N Shipboard Electronic Warfare Sustainment Training 3,200,000 Mollohan RDTE,N Shipboard Production of Synthetic Aviation Fuel 1,000,000 Bennett, Hatch RDTE,N Single Generator Operations Lithium Ion Battery 4,000,000 Lugar, Reid RDTE,N SKYBUS 80K and 130K LTA-UAS Multirole Technologies 2,000,000 Collins RDTE,N Smart Instrument Development for the Magdalena Ridge Observatory (MRO) 7,000,000 Pearce, Wilson (NM) Bingaman, Domenici RDTE,N Smart Machinery Spaces System 2,400,000 Granger RDTE,N Smart Valve 800,000 Allen Collins, Snowe RDTE,N SOF Test Environment for Advanced Team Collaboration Missions 2,000,000 Hoyer Cardin, Mikulski RDTE,N Solid Oxide Fuel Cell 800,000 Corker RDTE,N Solid-State DC Protection System 1,200,000 Moore (WI), Bartlett, Murphy (CT) Dodd, Lieberman RDTE,N Sonobouy Wave-Energy Module 3,000,000 Landrieu, Vitter RDTE,N Stabilized Laser Designation Capability 2,000,000 Thompson (CA) RDTE,N Standoff Explosive Detection System (SEDS) 1,200,000 Knollenberg Stabenow RDTE,N Strategic/Tactical Resource Interoperability Kinetic Environment Program 1,120,000 Cochran RDTE,N Strike Weapon Propulsion (SWEAP) 2,400,000 Barton, Doolittle RDTE,N Submarine Automated Test and Re-Test (ATRT) 2,000,000 Moran (VA) RDTE,N Submarine Environment for Evaluation and Development 2,400,000 Reed RDTE,N Submarine Fatline Vector Sensor Towed Array 800,000 Gilchrest, Bartlett, Courtney Dodd, Lieberman RDTE,N Submarine Littoral Defense System 1,600,000 Langevin, Courtney, Kennedy Reed RDTE,N Submarine Maintenance Automation and Communication System (SMACS) 1,600,000 Moran (VA) RDTE,N Submarine Panoramic Awareness System Program 1,600,000 Durbin RDTE,N Supply Chain Logistics Capability at the ABL NIROP 8,000,000 Byrd

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Requester(s) Account Project Amount House Senate

RDTE,N Supportability Training Services Infrastructure 1,600,000 Rehberg RDTE,N Sure Trak Re-Architecture and Sensor Augmentation 2,000,000 Hoyer, Cummings, Ruppersberger, Sarbanes Cardin RDTE,N Sustainability of AN/SPS-49 Common Signal Data Processor 2,800,000 Obey RDTE,N Swimmer Detection Sonar Network for the Portsmouth Naval Shipyard 3,200,000 Hodes, Shea-Porter Collins, Snowe, Sununu RDTE,N System for Intelligent Task Assignment and Readiness (SITAR) 800,000 Hunter RDTE,N Tactical E-Field Buoy Development 1,600,000 Hunter RDTE,N Testing of Critical Components for Ocean Alternate Energy Options for the Department of the 2,000,000 Abercrombie Navy RDTE,N Texas Microfactory 3,000,000 Hutchison RDTE,N Theater Undersea Warfare Initiative 2,400,000 Inouye RDTE,N Thin Film Materials for Advanced Applications, Advanced IED and Anti-Personnel Sensors 3,000,000 Leahy RDTE,N Tomahawk Cost Reduction Initiatives 1,600,000 Bishop (UT) Bennett, Hatch RDTE,N Topical Hemostat Effectiveness Study 800,000 Coleman, Klobuchar RDTE,N Torpedo Composite Homing Array 1,600,000 Tsongas Kerry RDTE,N Total Ship Training System 1,040,000 Moran (VA) RDTE,N TSG Technology Accreditation 2,400,000 Bond RDTE,N U.S. Navy Metrology and Calibration (METCAL) 2,800,000 Calvert RDTE,N UAS Optimization Technologies 2,000,000 Byrd RDTE,N Ultra-Wide Coverage Visible Near Infrared Sensor for Force Protection 1,200,000 Bean RDTE,N Underground Coordination of Managed Mesh-networks (UCOMM) 2,400,000 Moran RDTE,N Undersea Launched Missile Study 3,200,000 Courtney, Kennedy, Langevin, Scott (VA) Dodd, Lieberman, Reed RDTE,N Undersea Weapons Enterprise Common Automated Test Equipment 3,200,000 Dicks RDTE,N Unique Identification of Tangible Items 3,000,000 Wicker RDTE,N Universal Description, Discovery and Integration 4,300,000 Conrad, Dorgan RDTE,N Unmanned Aerial Vehicle Fuel Cell Power Source with Hybrid Reforming 1,600,000 Higgins Schumer RDTE,N Unmanned Air Systems Tactical Control System 2,500,000 Hoyer, Porter RDTE,N Unmanned Force Augmentation System 2,400,000 Sessions, Burgess RDTE,N Unmanned Ground Vehicle Mobility and Coordination in Joint Urban/Littoral Environments 1,200,000 Carney RDTE,N Unmanned Undersea Vehicles Near Term Interim Capability 4,000,000 Kennedy RDTE,N US Navy Cancer Vaccine Program 2,400,000 Hunter, Jones (NC) Landrieu, Vitter RDTE,N US Navy Pandemic Influenza Vaccine Program 1,600,000 McHugh RDTE,N USMC Electronic Warfare (EW) Training 2,400,000 Mica RDTE,N Validation of Lift Fan Engine Systems 2,000,000 Doolittle RDTE,N Vet-Biz Initiative for National Sustainment (VINS-Navy) 1,600,000 Brown (SC), Clyburn, Salazar Allard RDTE,N Video and Water Mist Technologies for Incipient Fire Detection on Ships 3,200,000 DeLauro, Larson Dodd RDTE,N Virtual Onboard Analyst (VIRONA) for Multi-Sensor Mine Detection 1,000,000 Inouye RDTE,N Water Security Program (Inland Water Quality and Desalination) 2,400,000 Bingaman, Domenici RDTE,N Water Space Management Navigation Decision Aid 2,400,000 Dicks RDTE,N Wave Energy PowerBuoy Generating System for the Department of the Navy 1,600,000 Abercrombie RDTE,N Wide Area Sensor for Force Protection Targeting 1,600,000 Bean RDTE,N Wireless Sensors for Navy Aircraft 2,400,000 Welch Leahy RDTE,N Zero-Standoff HERO-compliant RFID Systems 1,600,000 Conrad, Dorgan RDTE,N (MC) Anti-Sniper Infrared Targeting System 2,000,000 Rogers (KY) Bunning, McConnell RDTE,N (MC) Ballistic Helmet Development 1,200,000 King (NY) RDTE,N (MC) Battlefield Sensor Netting 2,400,000 Young (FL) RDTE,N (MC) Center for Geospatial Intelligence and Investigation (GII) 1,520,000 Granger, Carter RDTE,N (MC) Craft Integrated Electronic Suite (CIES) 2,880,000 Mollohan RDTE,N (MC) Eye Safe Laser Warning Systems 2,000,000 Baird, Wu Smith, Wyden RDTE,N (MC) Global Supply Chain Management 1,600,000 Bishop (GA) RDTE,N (MC) Ground Warfare Acoustical Combat System of Netted Sensors 2,000,000 Sullivan, Boren Inhofe RDTE,N (MC) High Power, Ultra-Lightweight Zinc-Air Battery 2,500,000 Welch, Akin, Coble, Graves, Kucinich, Ryan (OH), Dole, Leahy Sutton RDTE,N (MC) Hybrid Capacitor Supercell for Marine Combat Vehicle 1,200,000 Altmire Casey, Specter RDTE,N (MC) Logistics Technology Improvements 1,600,000 Bishop (GA) Chambliss, Isakson

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Requester(s) Account Project Amount House Senate

RDTE,N (MC) M2C2 3,800,000 Inouye RDTE,N (MC) Marine Air-Ground Task Force Situational Awareness 1,000,000 Inouye RDTE,N (MC) Marine Corps Shotgun Modernization Program 3,000,000 Hoyer Mikulski RDTE,N (MC) Marine Expeditionary Rifle Squad—Sensor Integrated, Modular Protection, Combat Helmet 1,600,000 Rehberg Baucus, Tester (MERS-SIMP) RDTE,N (MC) Near Infrared Optical (NIRO) Augmentation System 800,000 Moran (VA) RDTE,N (MC) Urban Operations Laboratory 1,600,000 Boyda Brownback, Roberts RDTE,N (MC) USMC Logistics Analysis and Optimization 2,400,000 Bishop (GA) RDTE,N (MC) Warfighter Rapid Awareness Processing Technology 4,000,000 Abercrombie, Hirono Akaka SCN AGS Pallets 6,000,000 McConnell SCN Large Harbor Tugs 11,800,000 Murray WPN ABL Restoration Plan 38,000,000 Byrd WTCV,A AB-FIST Gunnery Trainer Upgrades for the ID ARNG 1,000,000 Sali Crapo WTCV,A AB-FIST Gunnery Trainer Upgrades for TN ARNG 3,200,000 Corker WTCV,A AB-FIST Gunnery Trainers for TN ARNG 2,400,000 Alexander, Corker WTCV,A Arsenal Support Program Initiative—Rock Island 8,500,000 Braley, Hare Durbin, Grassley, Harkin WTCV,A Arsenal Support Program Initiative—Watervliet 5,000,000 McNulty Schumer WTCV,A Arsenal Support Program Initiative, Rock Island—Joint Manufacturing and Technology Center 4,200,000 Hare, Braley Durbin, Grassley, Harkin WTCV,A M1 Abrams Mobile Conduct of Fire Trainers Upgrades for the TN ARNG 3,000,000 Tanner Alexander WTCV,A Transmission Dynamometer 1,600,000 Boyda Brownback

DEPARTMENT OF HOMELAND SECURITY

Account Project Amount Requester(s)

CIO National Center for Critical Information Processing and Storage, MS $22,300,000 Thad Cochran CBP Salaries and Expenses Containerized Cargo Inspection Demonstration Project (Project SeaHawk), Port of Charleston, SC 2,000,000 Henry Brown, Lindsey Graham CBP Salaries and Expenses 2010 Olympics Coordination Center, WA 4,500,000 Patty Murray, Rick Larsen CBP Air and Marine Interdiction, Oper- Wireless Airport Surveillance Platform, NC 5,000,000 Bob Etheridge ations, Maintenance, and Procurement CBP Construction Advanced Training Center, WV 39,700,000 Robert Byrd CBP Construction Del Rio: Comstock, TX Station 25,000,000 The President CBP Construction Detroit: Sandusky, OH Station 4,000,000 The President CBP Construction Calexico, CA Station 34,000,000 The President CBP Construction Indio, CA Station 18,000,000 The President CBP Construction Sector HQ Vehicle Maintenance Facility, CA 18,000,000 The President CBP Construction EL Paso: Expanded Checkpoints, TX 1,513,000 The President CBP Construction Marfa: Presidio, TX Station 3,000,000 The President CBP Construction Blythe, CA Station 28,900,000 The President CBP Construction Boulevard, CA Station 31,000,000 The President CBP Construction Casa Grande, AZ Station 17,873,000 The President CBP Construction Naco, AZ Station 47,000,000 The President CBP Construction Sonoita, AZ Station 27,000,000 The President CBP Construction Yuma, AZ Hangar, Maintenance & Admin 4,000,000 The President CBP Construction El Centro, CA Hangar, Maintenance & Admin 2,100,000 The President CBP Construction El Paso, TX Consolidation of facilities 1,500,000 The President CBP Construction Laredo, TX Hangar, Maintenance & Admin 4,000,000 The President CBP Construction Marfa, TX Hangar, Maintenance & Admin 3,000,000 The President CBP Construction Uvalde, TX Hangar, Maintenance & Admin 2,000,000 The President Coast Guard Operating Expenses Operations Systems Center, WV 3,600,000 Robert Byrd Coast Guard Acquisition, Construction and Sector Buffalo, NY 3,000,000 Brian Higgins Improvements Coast Guard Acquisition, Construction and Rescue Swimmer Training Facility, NC 15,000,000 G.K. Butterfield Improvements Coast Guard Acquisition, Construction and CG Air Station Cape Cod, MA 5,000,000 The President Improvements Coast Guard Acquisition, Construction and Sector Delaware Bay, NJ 13,000,000 The President Improvements

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Account Project Amount Requester(s)

Coast Guard Acquisition, Construction and Coast Guard Housing-Cordova, AK 11,600,000 The President Improvements Coast Guard Acquisition, Construction and Coast Guard Academy-Chase Hall, CT 10,300,000 The President, Chris Dodd Improvements Coast Guard Acquisition, Construction and Station Montauk, NY 1,550,000 The President Improvements Coast Guard Alteration of Bridges Fourteen Mile Bridge, Mobile, AL 4,000,000 Robert Aderholt, Jo Bonner, Richard Shelby Coast Guard Alteration of Bridges Galveston Causeway Bridge, Galveston, TX 4,000,000 John Culberson, Gene Green, Kay Bailey Hutchison, Ron Paul, Ted Poe Coast Guard Alteration of Bridges Elgin, Joliet, and Eastern Railway Company Bridge, Morris, IL 2,000,000 Richard Durbin, Jerry Weller Coast Guard Alteration of Bridges Burlington Northern Railroad Bridge, Burlington IA 2,000,000 Tom Harkin, David Loebsack Coast Guard Alteration of Bridges Chelsea Street Bridge, Chelsea, MA 2,000,000 Edward Kennedy, John Kerry Coast Guard Alteration of Bridges Canadian Pacific Railway Bridge, La Crosse, WI 2,000,000 Herb Kohl Secret Service Acquisition, Construction, Perimeter security and noise abatement study at the Rowley training center, MD 250,000 Steny Hoyer Improvements, and Related Expenses NPPD Infrastructure Protection and Infor- Philadelphia Infrastructure monitoring, PA 2,000,000 Chaka Fattah mation Security NPPD Infrastructure Protection and Infor- Critical Underground Infrastructure in major urban areas 3,000,000 Peter King, Carolyn McCarthy, James Walsh, Charles Schumer mation Security NPPD Infrastructure Protection and Infor- Office of Bombing Prevention, IED-Geospatial Analysis Tool Plus, PA 1,000,000 John Murtha mation Security NPPD Infrastructure Protection and Infor- State and Local Cybersecurity Training, University of Texas, San Antonio, TX 3,500,000 Ciro Rodriguez mation Security NPPD Infrastructure Protection and Infor- Power and Cyber Systems Protection, Analysis, and Testing Program at Idaho National Laboratory, 4,000,000 Mike Simpson, Larry Craig mation Security ID NPPD Infrastructure Protection and Infor- National Infrastructure Simulation and Analysis Center, NM 20,000,000 The President, Pete Domenici mation Security FEMA Management and Administration Impacts of Climate on Future Disasters, State of North Carolina 5,000,000 David Price FEMA Management and Administration Flood Control and Hazard Mitigation Demonstration Program, Commonwealth of Kentucky 2,425,000 Harold Rogers FEMA Management and Administration Pacific Region Homeland Security Center, HI 2,200,000 Daniel Inouye FEMA State and Local Programs National Domestic Preparedness Consortium The President, Rodney Alexander, Wayne Allard, John Carter, John National Energetic Materials Research and Testing Center, New Mexico Institute of Mining and 23,000,000 Cornyn, Pete Domenici, Chet Edwards, Charles Gonzalez, Kay Technology, NM Bailey Hutchison, Daniel Inouye, Mary Landrieu, Harry Reid, Ken National Center for Biomedical Research and Training, Louisiana State University, LA 23,000,000 Salazar, John Salazar, David Vitter National Emergency Response and Rescue Training Center, Texas A&M University, TX 23,000,000 National Exercise, Test, and Training Center, Nevada Test Site, NV 23,000,000 Transportation Technology Center, Incorporated, CO 5,000,000 National Disaster Preparedness Training Center, University of Hawaii, HI 5,000,000 FEMA State and Local Programs Center for Domestic Preparedness 62,500,000 The President, Richard Shelby, Robert Aderholt, Mike Rogers FEMA State and Local Programs Counterterrorism and Cyber Crime Center, VT 1,700,000 Patrick Leahy FEMA State and Local Programs Emergency Operations Center, Tensas Parish Police Jury, LA 750,000 Rodney Alexander FEMA State and Local Programs Emergency Operations Center, City of Rialto, CA 225,000 Joe Baca FEMA State and Local Programs Emergency Operations Center, Village of Poynette, WI 1,000,000 Tammy Baldwin FEMA State and Local Programs Emergency Operations Center, Sebastian County, AR 750,000 John Boozman FEMA State and Local Programs Emergency Operations Center, Lake County, FL 1,000,000 Corrine Brown FEMA State and Local Programs Emergency Operations Center, Sarasota County, FL 1,000,000 Vern Buchanan FEMA State and Local Programs Emergency Operations Center, Northumberland County, Department of Public Safety, PA 1,000,000 Christopher P. Carney FEMA State and Local Programs Emergency Operations Center, City of Detroit, MI 1,000,000 John Conyers, Carolyn Kilpatrick, Carl Levin, Debbie Stabenow FEMA State and Local Programs Emergency Operations Center, San Diego Unified School District, San Diego, CA 400,000 Susan A. Davis FEMA State and Local Programs Emergency Operations Center, City of Half Moon Bay, CA 750,000 Anna G. Eshoo FEMA State and Local Programs Emergency Operations Center, Chesterfield County, VA 250,000 Randy Forbes FEMA State and Local Programs Emergency Operations Center, Spencer County Commissioners, Rockport, IN 1,000,000 Baron P. Hill FEMA State and Local Programs Emergency Operations Center, City of Gladstone, OR 60,000 Darlene Hooley FEMA State and Local Programs Emergency Operations Center, City of Coral Springs, FL 550,000 Ron Klein, Robert Wexler FEMA State and Local Programs Emergency Operations Center, Snohomish County, WA 1,000,000 Rick Larsen, Maria Cantwell FEMA State and Local Programs Emergency Operations Center, County of Atlantic, NJ 750,000 Frank LoBiondo, Frank Lautenberg, Robert Menendez FEMA State and Local Programs Emergency Operations Center, City of Rio Vista, CA 150,000 Daniel Lungren FEMA State and Local Programs Emergency Operations Center, American Red Cross, Sacramento Sierra Chapter, CA 35,000 Doris Matsui FEMA State and Local Programs Emergency Operations Center, Village of Bellerose, NY 200,000 Carolyn McCarthy FEMA State and Local Programs Emergency Operations Center, Town of Pomona Park, FL 300,000 John Mica FEMA State and Local Programs Emergency Operations Center, San Francisco Police Department, CA 1,000,000 Nancy Pelosi FEMA State and Local Programs Emergency Operations Center, North Carolina Department of Crime Control and Public Safety, NC 1,000,000 David Price FEMA State and Local Programs Emergency Operations Center, City of Del Rio, TX 500,000 Ciro Rodriguez FEMA State and Local Programs Emergency Operations Center, City of Bell Gardens, CA 175,000 Lucille Roybal-Allard

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Account Project Amount Requester(s)

FEMA State and Local Programs Emergency Operations Center, City of Cudahy, CA 50,000 Lucille Roybal-Allard FEMA State and Local Programs Emergency Operations Center, The County of Cook, IL 1,000,000 Bobby Rush FEMA State and Local Programs Emergency Operations Center, Douglas County, GA 500,000 David Scott FEMA State and Local Programs Emergency Operations Center, City of Richmond, Office of Emergency Management, VA 750,000 Robert C. ‘‘Bobby’’ Scott FEMA State and Local Programs Emergency Operations Center, Hudson County, NJ 1,000,000 Albio Sires, Frank Lautenberg, Robert Menendez FEMA State and Local Programs Emergency Operations Center, Marion County, FL 750,000 Cliff Stearns FEMA State and Local Programs Emergency Operations Center, City of Miami Beach, FL 1,000,000 Debbie Wasserman Schultz, Ilena Ros-Lehtinen FEMA State and Local Programs Emergency Operations Center, Vermont Emergency Management Agency, VT 1,000,000 Peter Welch, Patrick Leahy FEMA State and Local Programs Emergency Operations Center, Crittenden County, KY 750,000 Ed Whitfield FEMA Predisaster Mitigation City of Rainbow City, AL 1,000,000 Robert Aderholt FEMA Predisaster Mitigation Municipality of Murrysville, PA 100,000 Jason Altmire FEMA Predisaster Mitigation Bibb County, Emergency Management Agency, AL 750,000 Spencer Bachus FEMA Predisaster Mitigation City of Wynne, AR 50,000 Marion Berry FEMA Predisaster Mitigation City of San Diego, CA 1,000,000 Brian Bilbray FEMA Predisaster Mitigation Pinellas County, FL 1,000,000 Gus Bilirakis, C.W. ‘‘Bill’’ Young, Kathy Castor FEMA Predisaster Mitigation Brigham City (Corporation), UT 650,000 Rob Bishop, Robert Bennett, Orrin Hatch FEMA Predisaster Mitigation City of Coolidge, GA 80,000 Sanford Bishop FEMA Predisaster Mitigation Drywood Township, Garland, KS 35,000 Nancy Boyda FEMA Predisaster Mitigation City of Merced, CA 500,000 Dennis Cardoza FEMA Predisaster Mitigation City of Newark, DE 300,000 Michael Castle, Joseph Biden FEMA Predisaster Mitigation Adjutant General’s Office of Emergency Preparedness, SC 1,000,000 James E. Clyburn FEMA Predisaster Mitigation Alabama Department of Homeland Security, for Jackson County, AL 90,000 Robert Cramer FEMA Predisaster Mitigation Harris County Flood Control District, TX 1,000,000 John Culberson FEMA Predisaster Mitigation Tarrant County, TX 1,000,000 Kay Granger FEMA Predisaster Mitigation City of Chula Vista, CA 400,000 Bob Filner FEMA Predisaster Mitigation North West, MO Regional Council of Governments 300,000 Sam Graves FEMA Predisaster Mitigation Florida Atlantic University, Boca Raton, FL 300,000 Alcee Hastings, Tim Mahoney, Debbie Wasserman Schultz FEMA Predisaster Mitigation City of Kannapolis, NC 468,000 Robin Hayes FEMA Predisaster Mitigation Town of Conklin, NY 330,000 Maurice Hinchey FEMA Predisaster Mitigation County of Hawaii, Civil Defense Agency, HI 400,000 Mazie Hirono FEMA Predisaster Mitigation City of Berlin, Public Health Department, NH 100,000 Paul Hodes FEMA Predisaster Mitigation City of Trenton, NJ 500,000 Rush Holt, Christopher Smith, Frank Lautenberg, Robert Menendez FEMA Predisaster Mitigation Santa Clara Water Valley District, San Jose, CA 790,000 Michael Honda FEMA Predisaster Mitigation City of Houston, TX 200,000 Sheila Jackson-Lee FEMA Predisaster Mitigation West Jefferson Medical Center, Marrero, LA 400,000 William Jefferson, Mary Landrieu FEMA Predisaster Mitigation Erie County, Sandusky, OH 399,000 Marcy Kaptur FEMA Predisaster Mitigation Wayne County, Detroit, MI 300,000 Carolyn Kilpatrick, Carl Levin, Debbie Stabenow FEMA Predisaster Mitigation New York State Emergency Management Office, NY 1,000,000 Nita Lowey, Jose´ Serrano, Peter King FEMA Predisaster Mitigation City of Berkeley, CA 750,000 Barbara Lee FEMA Predisaster Mitigation City of Taylorsville, KY 750,000 Ron Lewis FEMA Predisaster Mitigation Westchester and Rockland Counties, NY 500,000 Nita Lowey FEMA Predisaster Mitigation Town of Lake Placid, FL 500,000 Tim Mahoney FEMA Predisaster Mitigation Tifton-Tift County Emergency Management Agency (EMA), GA 40,000 Jim Marshall FEMA Predisaster Mitigation Town of Pembroke Park, FL 400,000 Kendrick Meek FEMA Predisaster Mitigation City of Miami, FL 1,000,000 Kendrick Meek, Ilena Ros-Lehtinen FEMA Predisaster Mitigation City of Mission Viejo, CA 850,000 Gary Miller FEMA Predisaster Mitigation Yardley Borough, PA 500,000 Patrick Murphy FEMA Predisaster Mitigation Clark County Emergency Management, WI 300,000 David Obey FEMA Predisaster Mitigation County of Essex, NJ 500,000 Donald Payne FEMA Predisaster Mitigation Val Verde County, Del Rio, TX 500,000 Ciro Rodriguez FEMA Predisaster Mitigation County of Los Angeles, CA 600,000 Lucille Roybal-Allard FEMA Predisaster Mitigation City of Los Angeles, CA 500,000 Adam Schiff FEMA Predisaster Mitigation City of New Braunfels, TX 360,000 Lamar Smith FEMA Predisaster Mitigation Brown Township Board of Trustees, Malvern, OH 247,728 Zachary Space

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Account Project Amount Requester(s)

FEMA Predisaster Mitigation City of Barberton, OH 200,000 Betty Sutton FEMA Predisaster Mitigation Mississippi Homeland Security Office, MS 500,000 Bennie Thompson FEMA Predisaster Mitigation Town of North Andover, MA 100,000 John Tierney FEMA Predisaster Mitigation Cities of Lake Station and Hobart, IN 500,000 Peter Visclosky FEMA Predisaster Mitigation City of Owatonna, MN 400,000 Timothy Walz FEMA Predisaster Mitigation Putnam County, FL 450,000 John Mica FEMA Predisaster Mitigation City of Lake City, TN 418,000 Zack Wamp FLETC Acquisition, Construction, Improve- Artesia Construction, NM 3,000,000 Pete Domenici ments, and Related Expenses FLETC Acquisition, Construction, Improve- Practical Application/Counterterrorism Operations Training Facility, GA 9,195,000 The President ments, and Related Expenses S&T Research, Development, Acquisition, Southeast Region Research Initiative, TN 27,000,000 Lamar Alexander, Thad Cochran, Roger Wicker and Operations S&T Research, Development, Acquisition, Distributed Environment for Critical Infrastructure Decisionmaking Exercises, Multiple Locations 3,000,000 Robert Bennett, Patrick Leahy, Joe Lieberman, George Voinovich, Rob and Operations Bishop, Dean Heller S&T Research, Development, Acquisition, Naval Postgraduate School, CA 2,000,000 Sam Farr and Operations S&T Research, Development, Acquisition, Homeland Security Research, Development, & Manufacturing Pilot, Bay Shore, NY 2,000,000 Steve Israel, Peter King, Charles Schumer and Operations S&T Research, Development, Acquisition, National Institute for Hometown Security, Community-Based Infrastructure Protection Solutions, KY 11,000,000 Harold Rogers and Operations General Provision Mississippi Debris Removal Thad Cochran

MILITARY CONSTRUCTION

Account State Location Project Amount Requester(s)

Army Alabama Anniston Army Depot Powertrain Transmission Repair Facility $27,000,000 The President; Senator Sessions; Senator Shelby Army Alabama Anniston Army Depot Small Arms Repair Shop-Depot Level 18,000,000 The President; Senator Sessions; Senator Shelby Army NG Alabama Fort McClellan Multipurpose Machine Gun Range 3,000,000 The President; Senator Sessions Air Force Alabama Maxwell AFB Air & Space Basic Course Combat Arms Trng Fac 15,556,000 The President; Mr. Everett; Senator Sessions; Senator Shelby Army Alabama Anniston Army Depot Lake Yard Railroad Interchange 1,400,000 Mr. Rogers, M. (AL) Army Alabama Fort Rucker Chapel Center 6,800,000 Mr. Everett Army Alabama Redstone Arsenal System Software Engineering Annex, Ph 3 16,500,000 Senator Sessions; Senator Shelby; Mr. Cramer Army Alaska Fort Richardson Child Development Center 15,000,000 The President Army Alaska Fort Wainwright Barracks Complex 63,000,000 The President Army Alaska Fort Wainwright Organizational Vehicle Parking 14,000,000 The President Army Alaska Fort Wainwright Tactical Vehicle Wash Facility 21,000,000 The President Army Alaska Fort Wainwright Training Aids Support Center 12,400,000 The President Air Force Alaska Elmendorf AFB C-17 Restore Road 2,000,000 The President Air Force Alaska Elmendorf AFB F-22 Aerospace Ground Equip Shop 7,200,000 The President Air Force Alaska Elmendorf AFB F-22 Corrosion Ctrl/Lo Mx/Composite Repair Fac 22,400,000 The President Air Force Alaska Elmendorf AFB F-22 Flight Simulator 16,400,000 The President Air Force Alaska Elmendorf AFB F-22A 7 Bay Aircraft Shelter 20,400,000 The President Air Force Alaska Elmendorf AFB F-22A 8 Bay Aircraft Shelter 22,200,000 The President Air Force Alaska Elmendorf AFB F-22A Field Training Detachment 6,600,000 The President Air Force Alaska Elmendorf AFB F-22A Squadron Ops/AMU 6 Bay Hangar 41,100,000 The President Defense-Wide Alaska Fort Richardson Dental Clinic Addition/Alteration 6,300,000 The President Army Alaska Fort Wainwright Pedestrian Access Bridge Training Area 2,950,000 Senator Stevens Army NG Alaska Bethel Armory Readiness Center 16,000,000 Senator Stevens; Senator Murkowski; Mr. Young, D. Army Alaska Fort Richardson Multipurpose Machine Gun Range 3,100,000 Senator Stevens Army Arizona Fort Huachuca Unit Maintenance Facilities 11,200,000 The President Army Arizona Yuma Raw Sewage Lagoon and Oxidation Pond 3,800,000 The President Army NG Arizona Camp Navajo Readiness Center 13,000,000 The President Army NG Arizona Florence Readiness Center 13,800,000 The President Army NG Arizona Papago Military Res. Readiness Center 24,000,000 The President Navy Arizona Yuma Applied Instruction Facility (MAWTS) 19,490,000 The President; Senator Kyl Air Force Arizona Luke AFB Repair Runway Pavement 1,755,000 Mr. Pastor; Senator Kyl Army Arizona Fort Huachuca ATC Radar Operations Building 2,000,000 Ms. Giffords; Senator Kyl Air Force Arizona Davis-Monthan AFB Fire/Crash Rescue Station 15,000,000 Senator Kyl; Ms. Giffords

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Account State Location Project Amount Requester(s)

Army NG Arkansas Cabot Readiness Center 10,868,000 Mr. Berry; Senator Lincoln; Senator Pryor Air NG Arkansas Little Rock AFB Replace Engine Shop 4,000,000 Senator Lincoln; Senator Pryor; Mr. Snyder Army NG Arkansas Fort Chaffee Infantry Platoon Battle Course 204,000 Senator Lincoln; Senator Pryor; Mr. Boozman Army California Fort Irwin Barracks Complex 17,500,000 The President; Senator Feinstein Army California Fort Irwin Military Operations Urban Terrain, Ph 3 22,100,000 The President; Senator Feinstein Army California Presidio of Monterey General Instruction Building 15,000,000 The President; Senator Feinstein Army California Sierra Army Depot Water Treatment Plant 12,400,000 The President; Senator Feinstein; Senator Boxer Army Reserve California Fort Hunter Liggett Modified Record Fire Range 3,950,000 The President; Mr. Farr; Senator Feinstein Navy California Barstow Bachelor Enlisted Quarters 7,830,000 The President; Senator Feinstein Navy California Camp Pendleton Bachelor Enlisted Quarters—41 Area 32,430,000 The President; Senator Feinstein Navy California Camp Pendleton Bachelor Enlisted Quarters—33 Area 30,300,000 The President; Senator Feinstein Navy California Camp Pendleton Bachelor Enlisted Quarters—43 Area 15,150,000 The President; Senator Feinstein Navy California Camp Pendleton Bachelor Enlisted Quarters—62 Area 25,920,000 The President; Senator Feinstein Navy California Camp Pendleton Bachelor Enlisted Quarters—Area 13 33,320,000 The President; Senator Feinstein Navy California Camp Pendleton Bachelor Enlisted Quarters—Area 14 32,350,000 The President; Senator Feinstein Navy California Camp Pendleton Bachelor Enlisted Quarters—Chappo (22 Area) 48,640,000 The President; Senator Feinstein Navy California Camp Pendleton Bachelor Enlisted Quarters—Del Mar (21 Area) 33,190,000 The President; Senator Feinstein Navy California Camp Pendleton Bachelor Enlisted Quarters—Del Mar (21 Area) 33,440,000 The President; Senator Feinstein Navy California Camp Pendleton Bachelor Enlisted Quarters—Horno (13 Area) 33,790,000 The President; Senator Feinstein Navy California Camp Pendleton Bachelor Enlisted Quarters—Horno (53 Area) 40,660,000 The President; Senator Feinstein Navy California Camp Pendleton Bachelor Enlisted Quarters—Las Pulgas Area 34,340,000 The President; Senator Feinstein Navy California Camp Pendleton Bachelor Enlisted Quarters—Pico (24 Area) 32,870,000 The President; Senator Feinstein Navy California Camp Pendleton Bachelor Enlisted Quarters—Pico (24 Area) 32,260,000 The President; Senator Feinstein Navy California Camp Pendleton Bachelor Enlisted Quarters—San Mateo Area 34,500,000 The President; Senator Feinstein Navy California Camp Pendleton Bachelor Enlisted Quarters—Del Mar (21 Area) 34,120,000 The President; Senator Feinstein Navy California Camp Pendleton Bachelor Enlisted Quarters—San Mateo Area 32,550,000 The President; Senator Feinstein Navy California Camp Pendleton Bachelor Enlisted Quarters—Margarita (33 Area) 31,170,000 The President; Senator Feinstein Navy California Camp Pendleton BEQ—Armory, Training Facility, SOI (52 Area) 54,730,000 The President; Senator Feinstein Navy California Camp Pendleton Consolidated Comm/Elec Maintenance & Storage 10,050,000 The President; Senator Feinstein Navy California Camp Pendleton Corrosion Control Water Treatment Facility 52,520,000 The President; Senator Feinstein Navy California Camp Pendleton Indoor Fitness Center 12,230,000 The President; Senator Feinstein Navy California Camp Pendleton Infantry Training Center 11,500,000 The President; Senator Feinstein Navy California Camp Pendleton Operations Access Points, Red Beach 11,970,000 The President; Senator Feinstein Navy California Camp Pendleton Regimental Maintenance Complex (Phase 3) 33,620,000 The President; Senator Feinstein Navy California Camp Pendleton Special Operations Training Battle Course 22,250,000 The President; Senator Feinstein Navy California El Centro Combined Child Care and Youth Center 8,900,000 The President; Senator Feinstein Navy California Miramar Combat Training Tank Complex 10,820,000 The President; Senator Feinstein Navy California Miramar Emergency Response Station 6,530,000 The President; Senator Feinstein Navy California Miramar In-Line Fueling Station Modification 22,930,000 The President; Senator Feinstein Navy California Miramar Military Working Dog Operations Center 4,800,000 The President; Senator Feinstein Navy California Miramar MV-22 Wash Rack 3,690,000 The President; Senator Feinstein Navy California North Island Berthing Lima Conversion 38,992,000 The President; Senator Feinstein Navy California North Island Child Development Center 14,270,000 The President; Senator Feinstein Navy California San Clemente Island Bachelor Enlisted Quarters 34,020,000 The President; Senator Feinstein Navy California San Diego Recruit Reconditioning Facility 16,790,000 The President; Senator Feinstein Navy California San Diego Recruit Support Barracks 34,430,000 The President; Senator Feinstein Navy California Twentynine Palms Bachelor Enlisted Quarters 36,470,000 The President; Senator Feinstein Navy California Twentynine Palms Bachelor Enlisted Quarters 36,280,000 The President; Senator Feinstein Navy California Twentynine Palms BEQ and Parking Structure 51,800,000 The President; Senator Feinstein Navy California Twentynine Palms Combined Arms MOUT (Phase 2) 21,000,000 The President; Senator Feinstein Navy Reserve California Lemoore Marine Corps Reserve Center 15,420,000 The President; Senator Feinstein Air Force California Edwards AFB F-35 Ramp & Security Upgrade 3,100,000 The President; Senator Feinstein Defense-Wide California Coronado SOF Combat Crew Training Facility 9,800,000 The President; Senator Feinstein Defense-Wide California Tracy Depot Replace General Purpose Warehouse 41,000,000 The President; Senator Feinstein

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Account State Location Project Amount Requester(s)

Defense-Wide California Tracy Depot Replace Truck Entrance/Control Facility 9,300,000 The President; Senator Feinstein Navy California Monterey Education Facility 9,990,000 Mr. Farr Air Force California Edwards AFB Main Base Runway Ph 4 6,000,000 Mr. McKeon; Mr. McCarthy, K. Navy California North Island Training Pool Replacement 6,890,000 Ms. Davis, S. Navy California Twentynine Palms Lifelong Learning Center Ph 1 9,760,000 Mr. Lewis, Jerry Air Force California Travis AFB Large Crash Rescue Station 12,100,000 Senator Feinstein; Senator Boxer; Ms. Tauscher Navy California San Diego MCRD Recruit Barracks 43,200,000 House Committee on Appropriations 1 Army Colorado Fort Carson Barracks & Dining Incr 1 94,000,000 The President; Senator Allard; Senator Salazar Army Colorado Fort Carson Battalion Complex 45,000,000 The President; Senator Allard; Senator Salazar Army Colorado Fort Carson Brigade/Battalion HQs 46,000,000 The President; Senator Allard; Senator Salazar Army Colorado Fort Carson Company Operations Facilities 93,000,000 The President; Senator Allard; Senator Salazar Army Colorado Fort Carson Infrastructure, BCT 69,000,000 The President; Senator Allard; Senator Salazar Army Colorado Fort Carson Physical Fitness Facility 28,000,000 The President; Senator Allard; Senator Salazar Army Colorado Fort Carson Unit Maintenance Facilities 15,000,000 The President; Senator Allard; Senator Salazar Army Colorado Fort Carson Vehicle Maintenance Shops 84,000,000 The President; Senator Allard; Senator Salazar Chem Demil Colorado Pueblo Depot Ammunition Demilitarization Facility Incr 10 65,060,000 The President; Senator Allard; Senator Salazar Army NG Colorado Denver Readiness Center 9,000,000 The President; Senator Allard; Senator Salazar Army NG Colorado Grand Junction Readiness Center 9,000,000 The President; Senator Allard; Senator Salazar; Mr. Salazar Air Force Colorado U.S. Air Force Academy Upgrade Academic Facility, Ph V 18,000,000 The President; Senator Allard; Senator Salazar Defense-Wide Colorado Buckley AFB Satellite Pharmacy 3,000,000 The President; Senator Allard; Senator Salazar Air Force Colorado Peterson AFB Land Acquisition—23 Acres 4,900,000 Senator Allard; Senator Salazar Air NG Colorado Buckley AFB Alert Crew Headquarters 4,200,000 Senator Allard; Senator Salazar Army NG Connecticut Camp Rell Regional Training Institute 28,000,000 The President; Mr. Courtney; Senator Dodd Army NG Connecticut East Haven KD Range Add/Alt 13,800,000 The President; Senator Dodd Navy Connecticut New London Pier 31 Replacement 46,060,000 The President; Mr. Courtney; Senator Dodd Air NG Connecticut Bradley IAP TFI Upgrade Engine Shop 7,200,000 Ms. DeLauro; Mr. Courtney; Mr. Larson; Mr. Murphy, C.; Mr. Shays Navy Connecticut New London Indoor Small Arms Range 11,000,000 Senator Dodd; Senator Lieberman Army NG Delaware New Castle Army Aviation Support Facility Add/Alt 28,000,000 The President; Senator Biden Navy Reserve Delaware Wilmington NOSC Portion, Armed Forces Reserve Center 11,530,000 The President; Senator Biden Air Force Delaware Dover AFB ADAL Physical Fitness Center 19,000,000 The President; Senator Biden; Senator Carper; Mr. Castle Air NG Delaware New Castle County AP TFI—Info Ops Squadron (IOS) Facility 3,200,000 The President; Senator Biden; Senator Carper; Mr. Castle Defense-Wide Delaware Dover AFB Alter Fuel Storage Tank 3,373,000 The President; Senator Biden Air NG Delaware New Castle County AP Replace C-130 Aircraft Maintenance Shops 11,600,000 Senator Biden; Senator Carper; Mr. Castle Navy District of Columbia Naval Research Lab Autonomous System Research Lab 24,220,000 The President Army Florida Miami-Doral SOUTHCOM Headquarters, Incr 2 81,600,000 The President; Mr. Diaz-Balart, L.; Senator Martinez; Senator Bill Nel- son Army NG Florida Camp Blanding Ammunition Supply Point 12,400,000 The President; Senator Martinez; Senator Bill Nelson Navy Florida Jacksonville Child Development Center 12,890,000 The President; Mr. Crenshaw; Senator Martinez; Senator Bill Nelson Navy Florida Jacksonville P-8A Integrated Training Center 48,220,000 The President; Senator Martinez; Senator Bill Nelson Navy Florida Mayport Alpha Wharf Improvements 14,900,000 The President; Mr. Crenshaw; Senator Martinez; Senator Bill Nelson Navy Florida Tampa Joint Communications Squadron Facility 29,000,000 The President; Senator Martinez; Senator Bill Nelson Air Force Florida Eglin AFB F-35 Student Dormitory (144 Room) 19,000,000 The President; Senator Martinez; Senator Bill Nelson Air Force Florida MacDill AFB SOCCENT Headquarters & Commandant Facility 21,000,000 The President; Senator Martinez; Senator Bill Nelson Defense-Wide Florida Eglin AFB SOF Battalion Operations Complex 40,000,000 The President; Senator Martinez; Senator Bill Nelson Defense-Wide Florida Hurlburt Field SOF Special Tactics Group Facility 8,900,000 The President; Senator Martinez; Senator Bill Nelson Defense-Wide Florida MacDill AFB SOF Add/Alter 501B (HQ SOCOM) 10,500,000 The President; Senator Martinez; Senator Bill Nelson Defense-Wide Florida Jacksonville Replace Fuel Storage Tanks 34,000,000 The President; Senator Martinez; Senator Bill Nelson Air Force Florida Tyndall AFB 325 ACS Ops Training Complex 11,600,000 Mr. Boyd Army NG Florida Camp Blanding Regional Training Institute Ph 4 20,907,000 Mr. Young, B.; Ms. Brown, C.; Mr. Stearns; Senator Martinez; Senator Bill Nelson Air Force Florida MacDill AFB Combat Training Facility 5,000,000 Ms. Castor Navy Florida Mayport Aircraft Refueling 3,380,000 Mr. Crenshaw Air Force Florida Cape Canaveral AS Satellite Operations Support Facility 8,000,000 Senator Martinez; Senator Bill Nelson; Mr. Weldon Army Georgia Fort Benning Automated Anti-Armor Range 8,800,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Benning Basic 10M-25M Firing Range 1 2,400,000 The President; Senator Chambliss; Senator Isakson

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22587 MILITARY CONSTRUCTION—Continued

Account State Location Project Amount Requester(s)

Army Georgia Fort Benning Basic 10M-25M Firing Range 2 2,400,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Benning Basic 10M-25M Firing Range 3 2,350,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Benning Basic 10M-25M Firing Range 4 2,500,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Benning Basic 10M-25M Firing Range 5 2,500,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Benning Digital Multipurpose Training Range 17,500,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Benning Fire and Movement Range 2,450,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Benning Maintenance Shop 42,000,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Benning Modified Record Fire Range 1 4,900,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Benning Modified Record Fire Range 2 4,900,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Benning Modified Record Fire Range 3 4,500,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Benning Range Access Road 9,100,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Benning Reception Station Phase 2 39,000,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Benning Stationary Tank Range 6,900,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Benning Tactical Vehicle Wash Facility 10,800,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Benning Tracked Vehicle Drivers Course 16,000,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Benning Trainee Complex 32,000,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Benning Training Area Infrastructure—Osut Area 16,000,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Benning Training Area Infrastructure—Northern Area 13,800,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Benning Unit Maintenance Facilities 27,000,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Stewart Barracks & Dining, Incr 1 41,000,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Stewart Brigade Complex 30,000,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Stewart Brigade/Battalion HQs 36,000,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Stewart Child Development Center 20,000,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Stewart Company Operations Facilities 75,000,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Stewart Infrastructure 59,000,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Stewart Physical Fitness Facility 22,000,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Stewart Shoot House 2,300,000 The President; Senator Chambliss; Senator Isakson Army Georgia Fort Stewart Vehicle Maintenance Shops 67,000,000 The President; Senator Chambliss; Senator Isakson Army NG Georgia Dobbins ARB Readiness Center 45,000,000 The President; Senator Chambliss; Mr. Gingrey; Senator Isakson Navy Georgia Albany MCLB BEQ Replacement 15,320,000 The President; Senator Chambliss; Senator Isakson Navy Reserve Georgia Marietta Marine Corps Reserve Center 7,560,000 The President; Senator Chambliss; Senator Isakson Air Force Georgia Robins AFB Aircraft Hangar 24,100,000 The President; Senator Chambliss; Senator Isakson Defense-Wide Georgia Fort Benning Consolidated Troop Medical Clinic 3,900,000 The President; Senator Chambliss; Senator Isakson Defense-Wide Georgia Augusta Regional Security Operations Center Incr IV 100,220,000 The President; Senator Chambliss; Senator Isakson Defense-Wide Georgia Hunter AAF Replace Fuel Storage Tank 3,500,000 The President; Senator Chambliss; Senator Isakson Air NG Georgia Savannah CRTC Troop Training Quarters 7,500,000 Mr. Barrow; Senator Chambliss; Senator Isakson Navy Georgia Kings Bay Add to Limited Area Reaction Force Facility 6,130,000 Mr. Kingston; Senator Chambliss; Senator Isakson Air Force Georgia Robins AFB Avionics Facility 5,250,000 Mr. Marshall; Senator Chambliss; Senator Isakson Air Reserve Georgia Dobbins ARB Construct New Control Tower 6,450,000 Senator Chambliss; Senator Isakson

Army Georgia Fort Gordon AIT Complex, Phase 1 32,000,000 House Committee on Appropriations 1 Army Hawaii Schofield Barracks Barracks 42,000,000 The President; Senator Inouye Army Hawaii Schofield Barracks Battalion Complex 69,000,000 The President; Senator Inouye Army Hawaii Schofield Barracks Battalion Complex 27,000,000 The President; Senator Inouye Army Hawaii Schofield Barracks Brigade Complex 65,000,000 The President; Senator Inouye Army Hawaii Schofield Barracks Infrastructure Expansion 76,000,000 The President; Senator Inouye Army Hawaii Wahiawa Wideband SATCOM Operations Center 40,000,000 The President; Senator Inouye Army Reserve Hawaii Fort Shafter Army Reserve Center 19,199,000 The President; Senator Inouye Navy Hawaii Barking Sands Advanced Radar Detection Laboratory 28,900,000 The President; Senator Inouye Navy Hawaii Kaneohe Bay Bachelor Enlisted Quarters 28,200,000 The President; Senator Inouye Navy Hawaii Pearl Harbor Child Development Center 29,300,000 The President; Senator Inouye Navy Hawaii Pearl Harbor Fitness Center 45,000,000 The President; Senator Inouye Navy Hawaii Pearl Harbor Joint Forces Deployment Staging Area FISC 5,990,000 The President; Senator Inouye Navy Hawaii Pearl Harbor Sub Drive-In Magnetic Silencing Facility Incr 2 41,088,000 The President; Senator Inouye Defense-Wide Hawaii Pearl Harbor Replace Fuel Pipeline 27,700,000 The President; Senator Inouye

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22588 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 MILITARY CONSTRUCTION—Continued

Account State Location Project Amount Requester(s)

Army Hawaii Pohakuloa TA Access Road, Ph 5 30,000,000 Senator Inouye; Mr. Abercrombie; Senator Akaka Army NG Idaho Orchard TA Live Fire Shoot House 1,850,000 The President Army Reserve Idaho Hayden Lake Army Reserve Center/OMS/Unheated Storage 9,580,000 The President Air Force Idaho Mountain Home AFB Logistics Readiness Center 1,800,000 Senator Craig; Senator Crapo; Mr. Simpson Navy Illinois Great Lakes RTC Special Programs Barracks 62,940,000 The President; Senator Durbin Defense-Wide Illinois Scott AFB USTRANSCOM Joint Intel Operations Center 13,977,000 The President; Mr. Costello; Senator Durbin Air NG Illinois Greater Peoria RAP C-130 Squadron Operations Center 400,000 Mr. LaHood; Senator Durbin Army NG Illinois Urbana Armory Readiness Center 16,186,000 Senator Durbin Army NG Indiana Camp Atterbury Multi Purpose Machine Gun Range 5,800,000 The President Army NG Indiana Lawrence Readiness Center 21,000,000 The President Army NG Indiana Muscatatuck Combined Arms Collective Training Facility Ph 1 6,000,000 Mr. Visclosky; Mr. Hill; Senator Bayh; Senator Lugar Air NG Indiana Fort Wayne IAP Aircraft Ready Shelters/Fuel Fill Stands 5,600,000 Mr. Souder Army Indiana Crane Army Ammo Act. Ready Service Magazine Complex 8,300,000 Senator Bayh; Senator Lugar Army NG Iowa Camp Dodge MOUT Site Add/Alt 1,500,000 Mr. Boswell; Senator Harkin Army NG Iowa Davenport Readiness Center Add/Alt 1,550,000 Mr. Braley; Senator Harkin Air NG Iowa Fort Dodge Vehicle Maintenance & Comm. Training Complex 5,600,000 Senator Harkin; Senator Grassley; Mr. Latham; Mr. Loebsack; Mr. King, S. Army NG Iowa Mount Pleasant Readiness Center Add/Alt 1,500,000 Mr. Loebsack; Senator Harkin Army Kansas Fort Riley Battalion Complex 38,000,000 The President; Senator Roberts Army Kansas Fort Riley Brigade Complex 79,000,000 The President; Senator Roberts Army Kansas Fort Riley Commissary 23,000,000 The President; Senator Roberts Army Kansas Fort Riley Rail Siding 15,000,000 The President; Senator Roberts Army Reserve Kansas Dodge City Army Reserve Center/Land 8,100,000 The President; Mr. Moran, Jerry; Senator Roberts Army Kansas Fort Leavenworth Chapel Complex Ph 2 4,200,000 Ms. Boyda; Senator Brownback Army Kansas Fort Riley Fire Station 3,000,000 Ms. Boyda; Senator Brownback; Senator Roberts Air Force Kansas McConnell AFB MXG Consolidation & Forward Logistics Center Ph 2 6,800,000 Mr. Tiahrt; Senator Brownback Air NG Kansas Smoky Hill ANG Range Smoky Hill Range Support Facility 7,100,000 Senator Brownback; Mr. Moran, Jerry Chem Demil Kentucky Blue Grass Depot Ammunition Demilitarization Facility Incr 9 67,218,000 The President; Senator McConnell Chem Demil Kentucky Blue Grass Depot Defense Access Road 12,000,000 The President; Senator McConnell Army Kentucky Fort Campbell Battalion Complex 37,000,000 The President; Senator McConnell Army Kentucky Fort Campbell Child Development Center 8,600,000 The President; Senator McConnell Army Kentucky Fort Campbell Training Support Center 15,513,000 The President; Senator McConnell Army Kentucky Fort Campbell Unit Maintenance Facilities 47,000,000 The President; Senator McConnell Defense-Wide Kentucky Fort Campbell Medical/Dental Clinic 24,000,000 The President; Senator McConnell Defense-Wide Kentucky Fort Campbell SOF Tactical Equipment Shop 15,000,000 The President; Senator McConnell Defense-Wide Kentucky Fort Campbell New Elementary School 21,400,000 The President; Senator McConnell Army Kentucky Fort Campbell School Age Services Center 10,000,000 Senator McConnell; Senator Bunning; Senator Alexander; Senator Corker; Mr. Wamp; Mr. Tanner; Mr. Whitfield Army NG Kentucky London Aviation Operations Facility Ph III 7,191,000 Mr. Rogers, H. Army Kentucky Fort Campbell Installation Chapel Center 630,000 Senator McConnell; Senator Bunning; Senator Alexander; Senator Corker; Mr. Wamp; Mr. Tanner; Mr. Whitfield Army Louisiana Fort Polk Unit Operations Facilities 29,000,000 The President Air Force Louisiana Barksdale AFB Security Forces Complex 14,600,000 Senator Landrieu; Senator Vitter; Mr. Alexander; Mr. McCrery Army NG Maine Bangor Regional Training Institute Ph 1 20,000,000 The President Navy Maine Portsmouth NSY Dry Dock 3 Waterfront Support Facility 1,450,000 Mr. Allen; Ms. Shea-Porter; Senator Collins; Senator Snowe; Senator Gregg; Senator Sununu Navy Maine Portsmouth NSY Dry Dock 3 Waterfront Support Facility 20,660,000 Senator Collins; Senator Snowe; Senator Gregg; Senator Sununu; Mr. Allen; Ms. Shea-Porter Navy Maine Portsmouth NSY Consolidated Global Sub Component Ph 1 9,980,000 Ms. Shea-Porter; Senator Collins; Senator Snowe Army NG Maryland Edgewood Army Aviation Support Facility Add/Alt 28,000,000 The President; Senator Mikulski; Senator Cardin Army NG Maryland Salisbury Readiness Center Add/Alt 9,800,000 The President; Senator Mikulski; Senator Cardin Army Reserve Maryland Baltimore Army Reserve Center 11,600,000 The President; Senator Mikulski; Senator Cardin Navy Maryland Indian Head Sewage Treatment Plant Upgrades 13,930,000 The President; Senator Cardin; Mr. Hoyer; Senator Mikulski Navy Maryland Suitland National Maritime Intel Center Incr 12,439,000 The President; Senator Mikulski; Senator Cardin Air Force Maryland Andrews AFB Admin Facility Addition 28,000,000 The President; Senator Mikulski; Senator Cardin Air Force Maryland Andrews AFB NCR Relocation—Admin Facility 49,648,000 The President; Senator Mikulski; Senator Cardin Defense-Wide Maryland Aberdeen PG USAMRICD Replacement, Incr I 23,750,000 The President; Senator Mikulski; Senator Cardin

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22589 MILITARY CONSTRUCTION—Continued

Account State Location Project Amount Requester(s)

Defense-Wide Maryland Fort Detrick USAMRIID Stage I, Incr III 209,000,000 The President; Senator Mikulski; Senator Cardin Defense-Wide Maryland Fort Meade NSAW Campus Utility Chilled Water Backup 19,100,000 The President; Senator Mikulski; Senator Cardin Defense-Wide Maryland Fort Meade NSAW South Campus Stormwater Management Sys- 11,900,000 The President; Senator Mikulski; Senator Cardin tem Navy Maryland Carderock RDTE Support Facility Ph I 6,980,000 Mr. Van Hollen; Senator Cardin Army NG Maryland Dundalk Readiness Center 579,000 Mr. Ruppersberger; Senator Cardin Navy Maryland Indian Head Energetics Systems & Tech Lab Complex Ph I 12,050,000 Mr. Hoyer; Senator Mikulski; Senator Cardin Air NG Maryland Martin State Airport Replace Fire Station 7,900,000 Mr. Bartlett; Mr. Ruppersberger; Mr. Sarbanes; Senator Cardin Army NG Massachusetts Methuen Readiness Center Add/Alt (ADRS) 21,000,000 The President Army Reserve Massachusetts Fort Devens Shoot House 1,900,000 The President Air NG Massachusetts Otis ANGB TFI Digital Ground Station FOC Beddown 1,700,000 Mr. Delahunt; Mr. Olver; Senator Kennedy; Senator Kerry Air NG Massachusetts Otis ANGB Digital Ground Station 14,300,000 Senator Kennedy; Senator Kerry; Mr. Delahunt; Mr. Olver Air Reserve Massachusetts Westover ARB Joint Service Lodging Facility 943,000 Mr. Olver; Mr. Neal Army Reserve Michigan Saginaw Army Reserve Center/Land 11,500,000 The President; Senator Levin; Senator Stabenow Army NG Michigan Camp Grayling Live Fire Shoot House 2,000,000 Mr. Knollenberg; Mr. Stupak; Senator Levin; Senator Stabenow Army NG Michigan Camp Grayling Urban Assault Course 2,000,000 Mr. Knollenberg; Mr. Stupak; Senator Levin; Senator Stabenow Army NG Michigan Camp Grayling Infantry Squad Battle Course 2,000,000 Senator Levin; Senator Stabenow; Mr. Knollenberg; Mr. Stupak Army NG Michigan Camp Grayling Barracks Replacement, Ph 1 16,943,000 Senator Levin; Senator Stabenow; Mr. Knollenberg; Mr. Stupak Army Michigan Detroit Arsenal Access Control Point 6,100,000 Senator Levin; Senator Stabenow; Mr. Levin, S. Army NG Minnesota Arden Hills Readiness Center 15,000,000 The President Army NG Minnesota Arden Hills Infrastructure Improvements 1,005,000 Ms. McCollum; Senator Coleman; Senator Klobuchar Air NG Minnesota Duluth Replace Fuel Cell Hangar 4,500,000 Senator Coleman; Senator Klobuchar; Mr. Oberstar Air NG Minnesota Minneapolis-St. Paul IAP Aircraft Deicing Apron 1,500,000 Mr. Ellison; Senator Coleman; Senator Klobuchar Navy Mississippi Gulfport 25 Naval Construction Regiment HQ Facility 6,900,000 The President; Senator Wicker Air Force Mississippi Columbus AFB Child Development Center 8,100,000 The President; Senator Wicker Navy Mississippi Gulfport Battalion Maintenance Facility 5,870,000 Mr. Taylor; Senator Wicker Navy Mississippi Meridian NAS Fitness Center 6,340,000 Senator Cochran; Senator Wicker; Mr. Pickering Air Force Mississippi Keesler AFB Indoor Firing Range 6,600,000 Senator Wicker Air NG Mississippi Gulfport-Biloxi IAP Relocate Munitions Storage Complex 3,400,000 Senator Wicker Army Missouri Fort Leonard Wood Training Support Center 18,500,000 The President Army Missouri Fort Leonard Wood Urban Assault Course 2,350,000 The President; Senator Bond Army Reserve Missouri Weldon Springs Army Reserve Center 11,700,000 The President Defense-Wide Missouri Fort Leonard Wood Primary Care Clinic Addition/Alteration 22,000,000 The President Army Missouri Fort Leonard Wood Wastewater Treatment Plant 7,400,000 Mr. Skelton Air Force Missouri Whiteman AFB Security Forces Animal Clinic 4,200,000 Mr. Skelton Army Missouri Fort Leonard Wood Chapel Complex 3,500,000 Mr. Skelton Army Missouri Fort Leonard Wood Mine Detection Training Facility and K-9 Kennel 10,800,000 Senator Bond Army Missouri Fort Leonard Wood Soldier Readiness Processing Center 648,000 Senator Bond Air Force Montana Malmstrom AFB Upgrade Weapons Storage Area, Ph 1 10,000,000 Senator Baucus; Senator Tester Army Reserve Nevada Las Vegas Army Reserve Center 33,900,000 The President; Senator Reid Air Force Nevada Creech AFB UAS 432 Wing HQ Mission Support Facility 7,000,000 The President; Senator Reid Air Force Nevada Creech AFB UAS Dining Hall 9,000,000 The President; Senator Reid Air Force Nevada Creech AFB UAS Flight Simulator & Academics Facility 9,800,000 The President; Senator Reid Air Force Nevada Creech AFB UAS Main Gate/Sewer Transfer Facility/Infra. 6,500,000 The President; Senator Reid Air Force Nevada Creech AFB UAS Operations Facility 16,200,000 The President; Senator Reid Air Force Nevada Nellis AFB F-16 Aggressor Hangar/Aircraft Maintenance Unit 30,800,000 The President; Senator Reid Air Force Nevada Nellis AFB F-16 Aggressor Squadron Ops/Infrastructure 17,500,000 The President; Senator Reid Air Force Nevada Nellis AFB F-35 Airfield Pavements 5,000,000 The President; Senator Reid Air Force Nevada Nellis AFB Airfield Fire Rescue Station 9,800,000 Senator Reid; Senator Ensign Army NG Nevada Elko Readiness Center 11,375,000 Senator Reid; Senator Ensign; Mr. Heller Army NG Nevada Las Vegas Field Maintenance Shop 2,058,000 Senator Reid; Senator Ensign; Ms. Berkley Army NG Nevada N. Nevada Mil. Dept. Paint Booth 1,500,000 Senator Reid Army Reserve New Jersey Fort Dix Modified Record Fire Range 3,825,000 The President; Senator Lautenberg; Senator Menendez; Mr. Saxton Navy New Jersey Lakehurst Advanced Arresting Gear Test Site 15,440,000 The President; Senator Lautenberg; Senator Menendez; Mr. Saxton Air NG New Jersey Atlantic City IAP Operations and Training Facility 8,400,000 Mr. LoBiondo; Senator Lautenberg; Senator Menendez

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22590 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 MILITARY CONSTRUCTION—Continued

Account State Location Project Amount Requester(s)

Air Force New Jersey McGuire AFB Security Forces Operations Facility Ph 1 7,200,000 Mr. Saxton; Senator Lautenberg; Senator Menendez Army New Jersey Picatinny Arsenal Ballistic Evaluation Facility Ph 1 9,900,000 Mr. Frelinghuysen; Senator Lautenberg; Senator Menendez Navy New Jersey Earle NWS Main Gate Security Improvements 8,160,000 Senator Lautenberg; Senator Menendez; Mr. Smith, C. Air Force New Mexico Holloman AFB F-22 Alter Hangar for LO/CRF 14,500,000 The President; Senator Bingaman; Senator Domenici Air Force New Mexico Holloman AFB F-22A ADAL Aircraft Maintenance Unit 1,050,000 The President; Senator Bingaman; Senator Domenici Air Force New Mexico Holloman AFB F-22A ADAL Flight Simulator Facility 3,150,000 The President; Senator Bingaman; Senator Domenici Air Force New Mexico Holloman AFB F-22A ADAL Jet Engine Maintenance Shop 2,150,000 The President; Senator Bingaman; Senator Domenici Air Force New Mexico Holloman AFB F-22A Aerospace Ground Equipment Facility 4,600,000 The President; Senator Bingaman; Senator Domenici Defense-Wide New Mexico Cannon AFB SOF Maintenance Hangar 18,100,000 The President; Senator Bingaman; Senator Domenici; Mr. Udall, T. Defense-Wide New Mexico Kirtland AFB Replace Fuel Storage Tanks 14,400,000 The President; Senator Bingaman; Senator Domenici Defense-Wide New Mexico Cannon AFB CV-22 Flight Simulator Facility 8,300,000 Senator Domenici; Senator Bingaman; Mr. Udall, T. Air Force New Mexico Holloman AFB F-22A Consolidated Munitions Maintenance 495,000 Senator Domenici; Senator Bingaman Army New York Fort Drum Brigade Complex-Barracks 29,000,000 The President Army New York Fort Drum Brigade Complex-Barracks 24,000,000 The President Army New York Fort Drum Unit Maintenance Facilities 37,000,000 The President Army New York U.S. Military Academy Science Facility, Ph 1 67,000,000 The President Army NG New York Fort Drum Maneuver Area Training Equipment Site Ph 3 11,000,000 The President Army NG New York Queensbury Field Maintenance Shop 5,900,000 The President Army Reserve New York Kingston Army Reserve Center/Land 13,494,000 The President Army Reserve New York Shoreham Add/Alt Army Reserve Center 15,031,000 The President Army Reserve New York Staten Island Army Reserve Center 18,550,000 The President Air NG New York Hancock Field TFI—Reaper IOC/FOC Beddown 5,000,000 The President; Mr. Walsh Air NG New York Gabreski Airport Replace Pararescue Ops Facility Ph 2 7,500,000 Mr. Ackerman; Mr. Bishop, T.; Senator Clinton; Mr. Israel; Mr. King, P.; Ms. McCarthy, C.; Senator Schumer Army New York Fort Drum Replace Fire Station 6,900,000 Mr. McHugh; Senator Schumer; Senator Clinton Air Reserve New York Niagara Falls ARS Dining Facility/Community Center 9,000,000 Ms. Slaughter; Senator Schumer; Senator Clinton Air NG New York Hancock Field Upgrade ASOS Facilities 5,400,000 Mr. Walsh Army North Carolina Fort Bragg Access Roads Ph 1 13,200,000 The President; Senator Burr; Mr. Hayes; Mr. McIntyre Army North Carolina Fort Bragg Access Roads Ph 1 (Additional Funds) 8,600,000 Mr. Hayes; Mr. McIntyre Army North Carolina Fort Bragg Training Support Center 20,500,000 The President; Mr. Hayes Army North Carolina Fort Bragg Utility Upgrade (Camp Mackall) 3,200,000 The President; Mr. Hayes Army Reserve North Carolina Raleigh Army Reserve Center/Land 25,581,000 The President Navy North Carolina Camp Lejeune Bachelor Enlisted Quarters—Camp Johnson 38,230,000 The President Navy North Carolina Camp Lejeune Bachelor Enlisted Quarters—Camp Johnson 23,760,000 The President Navy North Carolina Camp Lejeune Bachelor Enlisted Quarters—French Creek 33,960,000 The President Navy North Carolina Camp Lejeune Bachelor Enlisted Quarters—Hadnot Point 39,890,000 The President Navy North Carolina Camp Lejeune Bachelor Enlisted Quarters—Hadnot Point 39,320,000 The President Navy North Carolina Camp Lejeune Bachelor Enlisted Quarters—Courthouse Bay 35,890,000 The President Navy North Carolina Camp Lejeune Bachelor Enlisted Quarters—Hadnot Point 42,950,000 The President Navy North Carolina Camp Lejeune Child Development Center 13,960,000 The President; Senator Burr; Senator Dole Navy North Carolina Camp Lejeune Consolidated Mess Hall—Hadnot Point (200 Area) 25,000,000 The President Navy North Carolina Camp Lejeune Infantry Platoon Battle Course—SR1 18,250,000 The President Navy North Carolina Camp Lejeune Mess Hall—Hadnot Point (400 Area) 21,660,000 The President Navy North Carolina Camp Lejeune Mod K-Ranges (Phase 2) 20,220,000 The President Navy North Carolina Cherry Point 2nd MAW Command Operations Facility 30,480,000 The President Navy North Carolina Cherry Point Bachelor Enlisted Quarters 30,100,000 The President Navy North Carolina Cherry Point Engineering Product Support Facility 16,840,000 The President Navy North Carolina New River Aircraft Parking Apron Addition 6,830,000 The President Navy North Carolina New River Bachelor Enlisted Quarters 36,740,000 The President Navy North Carolina New River Bachelor Enlisted Quarters—MCAS 25,620,000 The President Navy North Carolina New River Enlisted Dining Facility 17,090,000 The President Defense-Wide North Carolina Fort Bragg SOF Expand Training Compound 14,200,000 The President; Mr. Hayes Defense-Wide North Carolina Fort Bragg SOF Headquarters Facility 14,600,000 The President; Mr. Hayes Defense-Wide North Carolina Fort Bragg SOF Security/Force Protection 4,150,000 The President; Mr. Hayes Defense-Wide North Carolina Fort Bragg SOF Training Facility 5,300,000 The President; Mr. Hayes

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Account State Location Project Amount Requester(s)

Defense-Wide North Carolina Fort Bragg New Elementary School 28,170,000 The President; Mr. Hayes Defense-Wide North Carolina Fort Bragg New Intermediate School (Irwin) 27,945,000 The President; Mr. Hayes Defense-Wide North Carolina Fort Bragg New Middle School 22,356,000 The President; Mr. Hayes Army NG North Carolina Camp Butner Training Complex 1,376,000 Mr. Miller, B.; Senator Burr Army North Carolina Fort Bragg Mass Casualty Facility 1,300,000 Mr. Etheridge Army North Carolina Fort Bragg Chapel 11,600,000 Mr. McIntyre Air Force North Carolina Seymour Johnson AFB Consolidated Support Center 12,200,000 Senator Burr; Senator Dole; Mr. Butterfield Defense-Wide North Carolina Camp Lejeune Hospital Renovation & MRI addition 57,900,000 House Committee on Appropriations 1 Air Force North Dakota Grand Forks AFB Fire Station 13,000,000 Senator Dorgan; Senator Conrad; Mr. Pomeroy Air NG North Dakota Hector Field Combat Arms Training Simulator/Maintenance Facil- 1,500,000 Senator Dorgan; Senator Conrad ity Army NG Ohio Camp Perry Barracks 2,000,000 Ms. Kaptur; Mr. Latta; Senator Brown; Senator Voinovich Army NG Ohio Ravenna Barracks 2,000,000 Mr. Ryan, T.; Ms. Sutton; Senator Brown; Senator Voinovich Air NG Ohio Springfield-Beckley ANGB Combat Communications Training Complex 1,100,000 Senator Brown; Senator Voinovich; Mr. Hobson Air NG Ohio Springfield-Beckley ANGB Combat Communications Training Complex 12,800,000 Mr. Hobson; Senator Brown; Senator Voinovich Air Force Ohio Wright-Patterson AFB Security Forces Operations Facility 14,000,000 Mr. Turner; Senator Brown; Senator Voinovich Air NG Ohio Rickenbacker ANGB Security Gate 1,600,000 Senator Brown Air NG Ohio Youngstown ARS Joint Services Lodging Facility 900,000 Senator Brown; Senator Voinovich; Mr. Ryan, T. Army Oklahoma Fort Sill Training Complex Upgrade 63,000,000 The President Air Force Oklahoma Tinker AFB Aircraft Maintenance Hangar 48,600,000 The President Air Force Res Oklahoma Tinker AFB AFR Scheduled Maintenance Hangar 9,900,000 The President Defense-Wide Oklahoma Tinker AFB Medical/Dental Clinic Replacement 65,000,000 The President Defense-Wide Oklahoma Altus AFB Replace Fuel Storage Dikes 2,850,000 The President Army Oklahoma McAlester AAP AP3 Connecting Rail 5,800,000 Mr. Boren; Senator Inhofe Air Force Oklahoma Tinker AFB Realign Air Depot Street 5,400,000 Mr. Cole; Senator Inhofe Air Force Oklahoma Altus AFB Consol Digital Airport Surveill Radar/Rapcon Fac. 10,200,000 Senator Inhofe Army NG Oregon The Dalles Readiness Center 682,000 Senator Wyden; Senator Smith; Mr. Walden Army NG Oregon Dallas Armory Readiness Center 1,681,000 Senator Wyden; Senator Smith; Ms. Hooley Army Pennsylvania Carlisle Barracks Museum Support Facility 13,400,000 The President; Senator Casey; Senator Specter Army Pennsylvania Tobyhanna Depot Electronics Maintenance Shop 15,000,000 The President; Senator Casey; Mr. Kanjorski; Senator Specter Army Reserve Pennsylvania Letterkenny Depot Army Reserve Center 14,914,000 The President; Senator Casey; Mr. Shuster; Senator Specter Navy Pennsylvania Philadelphia Full Scale Electric Test Drive Facility 22,020,000 The President; Senator Casey; Senator Specter Defense-Wide Pennsylvania Philadelphia Convert Warehouse to Admin Space 1,200,000 The President; Senator Casey; Senator Specter Army NG Pennsylvania Honesdale Readiness Center Add/Alt 6,117,000 Mr. Carney Army NG Pennsylvania Honesdale Readiness Center Add/Alt 504,000 Mr. Carney Army NG Pennsylvania Pittsburgh Combined Support Maintenance Shop 3,250,000 Mr. Murtha; Mr. Murphy, T. Army Pennsylvania Letterkenny Depot Upgrade Munition Igloos Phase 2 7,500,000 Senator Casey; Mr. Shuster; Senator Specter Army NG Pennsylvania Fort Indiantown Gap Combat Vehicle Training Facility 620,000 Senator Casey; Senator Specter Army NG Pennsylvania York Readiness Center 880,000 Senator Casey; Senator Specter Navy Rhode Island Newport Fitness Facility 29,900,000 The President Navy Rhode Island Newport Unmanned ASW Support Facility 9,900,000 Mr. Kennedy, P.; Senator Reed Air NG Rhode Island Quonset State Airport Replace Control Tower 600,000 Mr. Langevin; Senator Reed Air NG Rhode Island Quonset State Airport Construct Air Traffic Control Tower 7,700,000 Senator Reed; Mr. Langevin Army NG Rhode Island North Kingstown Army Aviation Support Facility 5,000,000 Senator Reed; Mr. Langevin Navy Rhode Island Newport Submarine Payloads Integration Laboratory 750,000 Senator Reed; Mr. Kennedy, P. Army South Carolina Fort Jackson Training Complex Upgrade 30,000,000 The President; Senator Graham Army NG South Carolina Anderson Readiness Center 12,000,000 The President; Senator Graham Army NG South Carolina Beaufort Readiness Center 3,400,000 The President; Senator Graham Army NG South Carolina Eastover Joint Forces Headquarters 28,000,000 The President; Senator Graham Navy South Carolina Beaufort MCAS EOD/Ordnance Operations Facility 5,940,000 The President; Senator Graham Navy South Carolina Parris Island Third Recruit Training Battalion (Phase 2) 36,400,000 The President; Senator Graham Navy South Carolina Parris Island Third Recruit Training Bn Complex (Phase 3) 28,350,000 The President; Senator Graham Air Force South Carolina Charleston AFB C-17 Flight Simulator Addition 4,500,000 The President; Mr. Brown; Senator Graham Army NG South Carolina Hemingway Field Maintenance Shop Ph 1 4,600,000 Mr. Clyburn Army NG South Carolina Sumter Readiness Center 382,000 Mr. Clyburn

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22592 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 MILITARY CONSTRUCTION—Continued

Account State Location Project Amount Requester(s)

Air Force South Carolina Shaw AFB Physical Fitness Center 9,900,000 Senator Graham; Mr. Spratt Army NG South Dakota Rapid City Armed Forces Reserve Center 29,000,000 The President; Senator Johnson; Senator Thune Air NG South Dakota Joe Foss Field Aircraft Ready Shelters/AMU 4,500,000 Ms. Herseth Sandlin; Senator Johnson; Senator Thune Air Force South Dakota Ellsworth AFB Base Entry and Perimeter Gates 11,000,000 Senator Johnson; Ms. Herseth Sandlin Army NG South Dakota Rapid City Barracks/Dining/Admin and Parking Complex Ph 1 14,463,000 Senator Johnson; Senator Thune; Ms. Herseth Sandlin Air NG South Dakota Joe Foss Field Conventional Munitions Shop 1,900,000 Senator Johnson Army Reserve Tennessee Chattanooga Army Reserve Center 10,600,000 The President Army NG Tennessee Tullahoma Readiness Center 10,372,000 Mr. Wamp; Mr. Davis, L. Air NG Tennessee Knoxville (McGhee-Tyson AP) Replace Squadron Operations 8,000,000 Senator Alexander; Senator Corker; Mr. Wamp; Mr. Duncan Army Texas Corpus Christi Dynamic Component Rebuild Facility 39,000,000 The President; Senator Hutchison; Mr. Ortiz Army Texas Fort Bliss Barracks & Dining 148,000,000 The President; Senator Hutchison Army Texas Fort Bliss Barracks & Dining 148,000,000 The President; Senator Hutchison Army Texas Fort Bliss Battalion Complex 34,000,000 The President; Senator Hutchison Army Texas Fort Bliss Brigade/Battalion HQs 44,000,000 The President; Senator Hutchison Army Texas Fort Bliss Brigade/Battalion HQs 44,000,000 The President; Senator Hutchison Army Texas Fort Bliss Chapel 9,000,000 The President; Senator Hutchison Army Texas Fort Bliss Company Operations Facilities, BCT 90,000,000 The President; Senator Hutchison Army Texas Fort Bliss Company Operations Facilities, BCT1 90,000,000 The President; Senator Hutchison Army Texas Fort Bliss Digital Multipurpose Range Complex 42,000,000 The President; Senator Hutchison Army Texas Fort Bliss Infrastructure, IBCT1 98,000,000 The President; Senator Hutchison Army Texas Fort Bliss Infrastructure, IBCT2 100,000,000 The President; Senator Hutchison Army Texas Fort Bliss Training Support Center 12,600,000 The President; Senator Hutchison Army Texas Fort Bliss Unit Maintenance Facilities 10,200,000 The President; Senator Hutchison Army Texas Fort Bliss Vehicle Maintenance Shops 81,000,000 The President; Senator Hutchison Army Texas Fort Bliss Vehicle Maintenance Shops 81,000,000 The President; Senator Hutchison Army Texas Fort Hood Unit Maintenance Facilities 32,000,000 The President; Mr. Edwards; Senator Hutchison; Mr. Carter Army Texas Fort Sam Houston Trainee Barracks Complex 96,000,000 The President; Senator Hutchison; Mr. Smith, L. Army Texas Red River Depot Manuever Systems Sustainment Center, Phase 1 6,900,000 The President; Senator Hutchison Army Reserve Texas Sinton Army Reserve Center 9,700,000 The President; Senator Hutchison Air Force Texas Fort Hood TACP Joint Air Ground Center 10,800,000 The President; Mr. Edwards; Senator Hutchison; Mr. Carter Air Force Texas Lackland AFB BMT Recruit Dormitory 75,515,000 The President; Senator Hutchison Defense-Wide Texas Fort Sam Houston Medical Instruction Facility 13,000,000 The President; Senator Hutchison; Mr. Smith, L. Army Reserve Texas Bryan Army Reserve Center 920,000 Mr. Edwards Army Texas Camp Bullis Live Fire Shoot House 4,200,000 Mr. Rodriguez Air NG Texas Ellington Field ASOS Facility 7,600,000 Mr. Lampson Army Texas Fort Hood Chapel with Education Center 17,500,000 Mr. Edwards; Mr. Carter Air Force Texas Lackland AFB Security Forces Building Ph 1 900,000 Senator Cornyn; Mr. Gonzalez; Senator Hutchison Air Force Texas Laughlin AFB Student Officer Quarters Ph 2 1,440,000 Mr. Rodriguez Air Force Texas Randolph AFB Fire and Rescue Station 972,000 Senator Cornyn; Mr. Cuellar; Senator Hutchison Navy Texas Corpus Christi Parking Apron Recapitalization Ph 1 3,500,000 Mr. Ortiz Army Texas Fort Bliss Medical Parking Garage Ph 1 12,500,000 Mr. Reyes Air NG Texas Fort Worth NAS JRB Security Forces Training Facility 5,000,000 Ms. Granger Navy Texas Kingsville Fitness Center 11,580,000 Mr. Ortiz Air Force Texas Dyess AFB Multipurpose C-130 Maintenance Hangar 21,000,000 Senator Hutchison; Senator Cornyn; Mr. Neugebauer Air Force Texas Sheppard AFB Centralized Administrative Processing Center 1,314,000 Senator Hutchison; Senator Cornyn Air Force Texas Goodfellow AFB Joint Intelligence Technical Training Facility 1,656,000 Senator Hutchison; Senator Cornyn Army NG Texas Laredo Readiness Center Addition/Alteration 1,165,000 Mr. Cuellar

Army Texas Fort Sam Houston AIT Barracks 47,000,000 House Committee on Appropriations 1

Defense-Wide Texas Fort Bliss Hospital Replacement 52,835,000 House Committee on Appropriations 1 Army NG Utah Camp Williams Ammunition Supply Point 17,500,000 The President; Senator Hatch Air Force Utah Hill AFB F-22A Heavy Maint. Fac. & Composite Back Shop 36,000,000 The President; Senator Hatch Defense-Wide Utah Hill AFB Hydrant Fuel System 20,400,000 The President; Senator Hatch Air Force Utah Hill AFB Three-Bay Fire Station 5,400,000 Senator Bennett; Mr. Bishop, R.; Senator Hatch Air NG Vermont Burlington IAP Security Forces and Communications Facility 6,600,000 The President; Senator Leahy

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Account State Location Project Amount Requester(s)

Army NG Vermont Ethan Allen Range Readiness Center 323,000 Mr. Welch; Senator Leahy; Senator Sanders Army NG Vermont Ethan Allen Range Readiness Center 10,200,000 Senator Leahy; Senator Sanders; Mr. Welch Army NG Vermont Westminster TS Westminster Zero Range 1,789,000 Senator Leahy; Senator Sanders Army Virginia Fort Belvoir Emergency Services Center 7,200,000 The President; Mr. Moran, James; Senator Warner; Senator Webb Army Virginia Fort Eustis Unit Operations Facilities 14,400,000 The President; Senator Warner; Senator Webb Army Virginia Fort Lee Dining Facility 10,600,000 The President; Mr. Forbes; Senator Warner; Senator Webb Army Virginia Fort Lee Trainee Barracks Complex 90,000,000 The President; Mr. Forbes; Senator Warner; Senator Webb Army Virginia Fort Myer Barracks 14,000,000 The President; Mr. Moran, James; Senator Warner; Senator Webb Army NG Virginia Arlington Arlington Hall Readiness Center PH2 15,500,000 The President; Mr. Moran, James; Senator Warner; Senator Webb Army NG Virginia Fort Pickett Multi Purpose Machine Gun Range 2,950,000 The President; Mr. Forbes; Senator Warner; Senator Webb Navy Virginia Norfolk Child Development Center 10,500,000 The President; Senator Warner; Senator Webb Navy Virginia Norfolk Norfolk Harbor Channel Dredging 42,830,000 The President; Senator Warner; Senator Webb Navy Virginia Quantico Aircraft Maintenance Hangar, Type II 27,750,000 The President; Senator Warner; Senator Webb Navy Virginia Quantico Aircraft Parking Apron (Greenside) 36,280,000 The President; Senator Warner; Senator Webb Navy Virginia Quantico Infrastructure—Russell Road (Phase 1) 7,450,000 The President; Senator Warner; Senator Webb Navy Virginia Quantico Instruction Facility Addition—TBS 6,350,000 The President; Senator Warner; Senator Webb Navy Virginia Quantico Instruction Facility TBS (Phase 1) 25,200,000 The President; Senator Warner; Senator Webb Navy Virginia Quantico Mess Hall—OCS 13,750,000 The President; Senator Warner; Senator Webb Navy Virginia Quantico Student Quarters—TBS (Phase 3) 27,530,000 The President; Senator Warner; Senator Webb Navy Reserve Virginia Norfolk EODMU 10 Operations Facility 8,170,000 The President; Senator Warner; Senator Webb Navy Reserve Virginia Williamsburg Ordnance Handling Cargo Ops Training Support 12,320,000 The President; Senator Warner; Senator Webb Defense-Wide Virginia Pentagon Pentagon Athletic Center Phase 2 6,967,000 The President; Mr. Moran, James; Senator Warner; Senator Webb Defense-Wide Virginia Pentagon PFPA HAZMAT Facility 16,401,000 The President; Mr. Moran, James; Senator Warner; Senator Webb Defense-Wide Virginia Pentagon Raven Rock West Power Plant 15,572,000 The President; Senator Warner; Senator Webb Defense-Wide Virginia Dam Neck SOF Operational Facility Incr II 31,000,000 The President; Senator Warner; Senator Webb Defense-Wide Virginia Fort Story SOF Small Arms Range 11,600,000 The President; Senator Warner; Senator Webb Defense-Wide Virginia Craney Island Replace Fuel Storage Tanks 39,900,000 The President; Senator Warner; Senator Webb Army NG Virginia Fort Belvoir Readiness Center and NGB Conference Center 1,085,000 Mr. Moran, James Army Virginia Fort Myer Hatfield Gate Expansion 300,000 Mr. Moran, James Army Virginia Fort Eustis Vehicle Paint Facility 3,900,000 Mr. Scott, R.; Mr. Wittman Navy Virginia Norfolk NS Fire and Emergency Services Station 9,960,000 Ms. Drake Navy Virginia Norfolk NSY Industrial Access Improvements, Main Gate 15 9,990,000 Mr. Forbes; Mr. Scott, R. Navy Virginia Quantico OCS Headquarters Facility 5,980,000 Senator Warner; Senator Webb; Mr. Wittman Army Virginia Fort Eustis Training Support Center, Ph 1 13,600,000 Senator Warner; Senator Webb; Mr. Scott, R.; Mr. Wittman Army Washington Fort Lewis Battalion Complex 54,000,000 The President; Senator Murray Army Washington Fort Lewis Battalion Complex 47,000,000 The President; Senator Murray Army Washington Fort Lewis Brigade Complex 30,000,000 The President; Senator Murray Army Washington Fort Lewis Brigade Complex, Incr 3 102,000,000 The President; Senator Murray Army Washington Fort Lewis Child Development Center 27,000,000 The President; Senator Murray Army NG Washington Fort Lewis Aviation Readiness Center 32,000,000 The President; Senator Murray Army Reserve Washington Seattle Army Reserve Center 37,500,000 The President; Senator Murray Navy Washington Bangor Limited Area Production & Storage Complex Incr V 50,700,000 The President; Senator Murray Navy Washington Whidbey Island Hangar 5 Recapitalization (Incr) 34,000,000 The President; Senator Murray Air Force Washington McChord AFB C-17 ADAL Flight Simulator 5,500,000 The President; Senator Murray Defense-Wide Washington Fort Lewis SOF Ranger Battalion Complex 38,000,000 The President; Senator Murray Navy Washington Kitsap NB Saltwater Cooling & Fire Protection Improvements 5,110,000 Mr. Dicks Air NG Washington McChord AFB 262 Info Warfare Aggressor Squadron Facility 8,600,000 Senator Murray; Senator Cantwell; Mr. Smith, A. Navy Washington Whidbey Island Firefighting Facility 6,160,000 Mr. Larsen Army NG Washington Fairchild AFB Hangar 1001 Improvement 766,000 Senator Murray; Senator Cantwell Army NG West Virginia Camp Dawson Shoot House 2,000,000 Mr. Mollohan Army NG West Virginia Camp Dawson Access Control Point 2,000,000 Mr. Mollohan Army NG West Virginia Camp Dawson Multi-Purpose Building Ph 2 5,000,000 Mr. Mollohan Air NG West Virginia Yeager AP, Charleston Fuel System/Corrosion Control Hangar 27,000,000 Senator Byrd Army NG West Virginia Kenova Tri-State Armory Addition 2,000,000 Senator Byrd

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Account State Location Project Amount Requester(s)

Air NG West Virginia Martinsburg AB C-5 Taxiway Upgrade 850,000 Senator Byrd Army Reserve Wisconsin Fort McCoy Auto Qualification Training Range 4,000,000 The President Air NG Wisconsin Truax Field Communications & Audio Visual Training Facility 6,300,000 Senator Kohl Air Force Wyoming F.E. Warren AFB Renovate Historic Dormitory 8,600,000 The President Air NG Wyoming Cheyenne MAP TFI—C-130 Squadron Operations Facility 7,000,000 The President; Ms. Cubin Air Force Wyoming F.E. Warren AFB Missile Service Complex 810,000 Senator Enzi; Senator Barrasso; Ms. Cubin Army Afghanistan Bagram AB Bulk Fuel Storage & Supply, Phase 8 26,000,000 The President Army Afghanistan Bagram AB Bulk Fuel Storage & Supply, Phase 5 22,000,000 The President Army Afghanistan Bagram AB SOF HQ Complex 19,000,000 The President Air Force Afghanistan Bagram AB C-130 Maintenance Hangar 27,400,000 The President Air Force Afghanistan Bagram AB Cargo Handling Area Expansion 8,800,000 The President Air Force Afghanistan Bagram AB Refueler Ramp 21,000,000 The President Navy Diego Garcia Diego Garcia Wharf Upgrade and Warehouse 35,060,000 The President Navy Djibouti Camp Lemonier Aircraft Maintenance Hangar 12,830,000 The President Navy Djibouti Camp Lemonier Aircraft Parking Apron 15,250,000 The President Navy Djibouti Camp Lemonier Telcom Facility 3,330,000 The President Army Germany Katterbach Aircraft/Vehicle Maintenance Complex 19,000,000 The President Army Germany Wiesbaden Command and Battle Center, Increment I 59,500,000 The President Army FH Germany Wiesbaden Family Housing Replacement 32,000,000 The President Army FH Germany Wiesbaden AB Family Housing Replacement 10,000,000 The President Army FH Germany Wiesbaden AB Family Housing Replacement 32,000,000 The President Army FH Germany Wiesbaden AB Family Housing Replacement 27,000,000 The President Defense-Wide Germany Germersheim Logistics Distribution Center Europe 48,000,000 The President Navy Greece Souda Bay Fuel Storage Tanks and Pipeline Replacement 8,000,000 The President Air Force Guam Andersen AFB Combat Communications Maintenance Facility 5,200,000 The President; Ms. Bordallo Navy Guam Guam NB Bachelor Enlisted Quarters, Main Base 62,360,000 The President; Ms. Bordallo Navy Guam Guam NB Kilo Wharf Extension 50,912,000 The President; Ms. Bordallo Navy Guam Guam NB Wastewater Collection System & Upgrade 26,070,000 The President; Ms. Bordallo Defense-Wide Guam Guam NH Central Utility Plant 30,000,000 The President; Ms. Bordallo Air Force Guam Andersen AFB ISR/STF Realign Arc Light Boulevard 5,400,000 Ms. Bordallo Navy Guantanamo Bay Guantanamo Bay Consolidated Fitness Complex 20,600,000 The President Navy FH Guantanamo Bay Guantanamo Bay Replace Bargo Housing 21,435,000 The President Navy FH Guantanamo Bay Guantanamo Bay Replace Granadillo Circle Housing 15,846,000 The President Navy FH Guantanamo Bay Guantanamo Bay Replace Granadillo Point Housing 22,662,000 The President Army Italy Vicenza Brigade Complex-Barracks/Community, Incr 2 15,000,000 The President Army Italy Vicenza Brigade Complex-Operations Support Fac, Incr 2 15,000,000 The President Army Japan Camp Zama Sensitive Compartmented Information Facility 2,350,000 The President Army Japan Sagamihara Battle Command Training Center 17,500,000 The President Army Korea Camp Humphreys Vehicle Maintenance Shop 20,000,000 The President Army FH Korea Camp Humphreys Family Housing New Construction 125,000,000 The President Air Force Kyrgyzstan Manas AB Hot Cargo Pad 6,000,000 The President Defense-Wide Qatar Al Udeid SOF Training Range 9,200,000 The President Air Force United Kingdom RAF Lakenheath Large Vehicle Inspection Station 7,400,000 The President Air Force FH United Kingdom RAF Lakenheath Replace Family Housing (182 Units) 71,828,000 The President Air Force Worldwide Classified Special Evaluation Project 891,000 The President Air Force Worldwide Unspecified UAS Field Training Unit Ops Complex 15,500,000 The President Air Force Worldwide Unspecified UAS Field Training Unit Maintenance Complex 22,000,000 The President Air Force Worldwide Unspecified STRATCOM Replacement Facility Design 10,000,000 Senator Ben Nelson Defense-Wide Worldwide Unspecified BMDS-European Interceptor Site 42,600,000 The President Defense-Wide Worldwide Unspecified BMDS-European Midcourse Radar Site 108,560,000 The President Navy Worldwide Unspecified Data Center 35,000,000 The President Navy Worldwide Unspecified Joint Operations & Support Complex, Phase 1 17,800,000 The President Air Force France Marnes-La-Coquette Lafayette Escadrille Memorial (Admin. Provision) 500,000 Senator Landrieu; Mr. Lewis, Jerry 1 The House Committee on Appropriations learned through hearings, site visits, and Department of Defense briefings that trainee and recruit facilities and medical treatment facilities are two high priority areas in great need of addi- tional funds. The projects included were identified by the Department as projects of high priority and were not included at the request of Members of Congress.

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Account State Location Project Amount Requester(s)

Construction, Major Projects Colorado Denver New Medical Facility $20,000,000 The President; Senator Allard; Senator Salazar; Mr. Perlmutter Construction, Major Projects Florida Bay Pines Inpatient/Outpatient Improvements 17,430,000 The President; Senator Martinez; Senator Bill Nelson Construction, Major Projects Florida Lee County Outpatient Clinic 111,412,000 The President; Senator Martinez; Senator Bill Nelson Construction, Major Projects Florida Orlando New Medical Facility 120,000,000 The President; Senator Martinez; Senator Bill Nelson; Ms. Brown, C.; Mr. Weldon Construction, Major Projects Massachusetts Massachusetts National Cemetery Gravesite Expansion and Cemetery Improvements 20,500,000 The President; Senator Kennedy; Senator Kerry Construction, Major Projects Missouri St. Louis Medical Facility Improvements and Cemetery Expansion 5,000,000 The President; Senator Bond Construction, Major Projects New York Calverton National Cemetery Gravesite Expansion and Cemetery Improvements 29,000,000 The President; Senator Clinton; Senator Schumer Construction, Major Projects Puerto Rico Puerto Rico National Cemetery Gravesite Expansion and Cemetery Improvements 33,900,000 The President Construction, Major Projects Puerto Rico San Juan Seismic Corrections Building 64,400,000 The President

Mr. BINGAMAN. Mr. President, I the loans as the provision creating the tion to enable the Federal Government wanted to take a moment to highlight loan program references the ‘‘activi- to continue functioning until March 6, a provision in this continuing resolu- ties’’ that are the subject of a grant 2009. tion that is before us to provide man- program also authorized in the same I had hoped, as I know Chairman datory funding for the Advanced Tech- section of EISA. The grant program is BYRD and Senator COCHRAN had, that nology Vehicles Manufacturing Incen- limited to 30 percent of the costs of a we would have been permitted to de- tive Program, which we passed in last facility. This is a fairly typical cost bate and vote on the individual appro- year’s energy bill, EISA. As one of the share for grant programs. Some have priations bills that the Appropriations principal authors of the provision, I am raised a question as to whether this 30 Committee has reported. happy to see the program moving for- percent cap should also apply to the That was not to be, due to President ward and particularly pleased to see loan program. That is not the way I Bush’s insistence that he would veto the guidance in the resolution that will read the language of the law and was bills that exceed his arbitrary spending press the Department of Energy to certainly not our intent in writing the cap and to certain Republican Senators move forward quickly to get the pro- provision. Moreover, I would argue who have made it virtually impossible gram up and running. There is great that it would dramatically limit the ef- to pass anything here without the nec- potential in bringing these new ad- fectiveness of the program as it would essary 60 votes to overcome a fili- vanced technology vehicles to market require companies to go to tight credit buster. and we can’t let difficulties in obtain- markets for 70 percent of their financ- A continuing resolution will result in ing financing for manufacturing facili- ing, precisely the problem we were hardship for many Federal agencies, ties derail our efforts. seeking to remedy with the creation of and those hardships will be felt by the As we conferred on the program al- the loan program. While I don’t expect American people. But as long as some most a year ago, it was clear there the Department of Energy to take this here would prefer to be obstructionists were credit problems for both the large limited view of the program, I wanted rather than legislators, this is the only manufacturers and the smaller start- to go on record here to help alleviate course available to us. ups and component suppliers, particu- any confusion that may exist. I look Having said that, I commend Chair- larly as it related to getting financing forward to working with the Depart- man BYRD and Senator COCHRAN for for the most cutting edge technologies ment to aid them in getting this pro- what they have done because it is a bi- such as batteries for electric-drive ve- gram up and running. partisan bill that reflects the construc- hicles. Now that credit markets have Mr. FEINGOLD. Mr. President, I will tive efforts of the leaders of both par- tightened further, the need is even vote against H.R. 2638, the continuing ties to do their best under difficult cir- more acute. I hope that with this fund- resolution for fiscal year 2009. Congress cumstances. ing the Department can move quickly needs to provide funding to keep the There are several items within the to produce regulations to implement Federal Government operating, and jurisdiction of the State and Foreign the program and particularly to move this bill includes funding for a number forward with loans to component man- of programs I support. I am particu- Operations Subcommittee in this bill. ufacturers, including battery manufac- larly pleased that this resolution in- Senator GREGG and I, working with turers such as A123 Systems and other cludes money to help Wisconsinites re- Congresswoman LOWEY and Congress- key suppliers that will be imperative cover from the serious flooding the man WOLF, have ensured that vital pro- to bringing forward plug-in vehicles in Midwest experienced earlier this year. grams continue and that necessary ad- the coming years. Several of these I joined a number of my colleagues in justments are made. smaller, important component sup- asking appropriators to include this For example, we have lifted the cap pliers have been participating in the disaster relief, which will help Wis- on administrative expenses for the Department loan guarantee program consin families and communities still State Department’s refugee and migra- but have yet to complete their journey dealing with the aftermath. tion assistance programs. We have re- through that process. In fact, it was But wrapping three separate appro- authorized the Overseas Private Invest- their difficulty in acquiring guarantees priations bills into one package, with ment Corporation, and we have pro- for this critical enabling technology no opportunity for amendments, is ir- vided authority to the Treasury De- that was a significant motivation for responsible and unacceptable. More- partment to contribute up to $5 million creating the loan program in last over, this bill provides funding to con- to help Liberia extinguish its commer- year’s bill. I hope the Department can tinue the war in Iraq, when we should cial debt. apply some of the lessons learned in be bringing that war to a close. And it The bill also includes supplemental the loan guarantee program, and per- allows Members of Congress to receive aid for Georgia, and it specifically pro- haps some of the data submitted by a hefty $4700 pay raise, despite the hibits the administration from trans- these companies, to move this loan massive deficits we are running and the ferring funds from other vulnerable program forward quickly and effec- economic pain so many of our constitu- former Soviet and Eastern European tively. ents are feeling. countries. We also provide funds to en- Finally, I have been told there may Mr. LEAHY. Mr. President, we are sure continued Voice of America and be some confusion about the terms of about to vote on the continuing resolu- Radio Free Europe broadcasting to

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.000 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22596 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 Georgia, Russia, and the region during and could trigger chaos and panic and to the military veterans who have this time of heightened tensions. a repeat of the flotillas of fleeing des- served their country so valiantly. By We provide additional funding to en- perate people that we saw a few years passing this legislation, we will fulfill sure the continued operations of the ago. the promise we have made to support Special Inspector General for Afghani- Cuba also suffered widespread dam- our veterans and military families by stan Reconstruction. And we provide age from the hurricanes, and I am dis- providing historic levels of funding for emergency assistance for Haiti and appointed that the Cuban Government military construction and the Depart- other Caribbean countries that were se- has not been willing to accept offers of ment of Veterans Affairs. verely damaged by the recent hurri- humanitarian aid from the United The Military Construction and Vet- canes. States. I also regret that the adminis- erans Affairs bill totals a record $119.6 We are all painfully aware that the tration’s ill-conceived embargo against billion dollars, of which $72.8 billion is 2008 hurricane season caused much loss Cuba prevents the American people discretionary funding. of life and destruction of property in from helping the Cuban people in this For the Department of Veterans Af- communities along the gulf coast of time of need. This is an opportunity to fairs, discretionary funding totals $47.6 the United States. And while the Fed- cooperate with the Cuban Government billion, $2.8 billion over the President’s eral Government is trying to help the for a purely humanitarian purpose. We request and $4 billion above the fiscal victims of those disasters, including are long overdue for a new policy to- year 2008 enacted level. This is a land- with additional appropriations for dis- ward Cuba, as this disaster so graphi- mark level of funding which will great- aster relief for victims of Hurricane cally illustrates. ly enhance the VA’s ability to deliver Ike in this bill, we sometimes forget I also want to mention the Reid-Byrd veterans’ benefits in a timely manner that Haiti, Cuba, Jamaica, the Domini- stimulus bill we voted on yesterday, and to provide first-rate medical care can Republic, and other Caribbean which would have provided urgently in first-class medical facilities to vet- countries suffered catastrophic de- needed funding for a wide range of do- erans throughout the country. struction from Hurricanes Fay, Gus- mestic programs to help bolster this Within the VA budget, the funding tav, Hanna, and Ike. Nation’s ailing economy. These pro- for veterans health care also set a new In Haiti, the U.N. has reported that grams address critical needs of urban benchmark at nearly $41 billion, al- over 400 people have died due to the and rural working class people across most $2 billion above the President’s storms or storm-related causes, over America. request. A key focus of this funding is 800,000 were severely affected, and some Despite all the finger pointing and medical research. Not only does this 150,000 were left homeless. Cuba report- angry talk about how Washington is bill flatly reject the cuts in research edly suffered damage estimated at $5 broken often by those who did their ut- funding proposed by the President, but billion. most to game the system or who have it also provides a healthy increase over The U.S. Government has provided themselves been in Government for last year’s funding level. This is crucial $30 million in emergency humanitarian decades this is exactly what the Con- to ensure that the VA is on the fore- aid to Haiti, but no additional assist- gress should be doing. front in providing innovative treat- ance was requested by the administra- I commend Chairman BYRD and Sen- ment for service-related diseases and tion. That was inexplicable, and I am ator REID for this initiative. After in- complex combat injuries, such as trau- pleased that the Congress did not like- heriting the largest surplus in this Na- matic brain injury, polytrauma inju- wise decide to ignore that impover- tion’s history, President Bush will ries, and post-traumatic stress dis- ished nation in which we have already leave a legacy of fiscal mismanage- order. invested so much. This bill includes ment and mile high deficits that dwarf I am also pleased that the bill estab- $100 million in emergency supple- anything in my 34 years in the Senate. lishes a $250 million rural health initia- mental aid for hurricane relief and re- For an administration that came into tive targeted toward meeting the construction for Haiti and other Carib- office piously claiming to be the guard- unique needs of veterans who live in re- bean countries. ians of responsible fiscal conservatism, mote and rural areas. South Dakota is This assistance was included to ad- when it comes to the economic secu- a prime example of the need for this dress both the short and longer term rity of middle class Americans this type of initiative. Many veterans in needs that Haiti and its neighbors face. White House has proven to be incom- South Dakota are scattered in sparsely We not only want to respond to imme- petent, unprincipled and unaccount- populated rural areas, and many others diate needs like potable water, food, able. live on Native American reservations. shelter, and medical care, we also want This administration’s economic poli- These veterans must drive long dis- to rebuild infrastructure and stabilize cies have been disastrous for the people tances in many cases hundreds of hillsides to avoid future washouts and of this country who are most depend- miles—to access medical care. mudslides that have caused so much ent on Federal funding for schools, hos- Through the rural health care initia- loss of life. The U.S. Agency for Inter- pitals, police and fire departments, tive, the VA can greatly expand its national Development should use a por- farms and businesses. current rural health outreach and de- tion of these funds to significantly en- The stimulus items in S. 3604, none of vote more resources to such programs hance its efforts to address environ- which were requested by the White as mobile clinics, telemedicine, com- mental vulnerabilities in key Haitian House and which most of our Repub- munity clinics, and shared health care watersheds. lican friends voted to defeat, would services. Significantly, the Department We know that next year there will be have helped prevent an already precar- will be able to implement targeted more hurricanes. For once, let us look ious economic situation that threatens health care for rural areas without beyond the immediate needs and help the livelihoods and retirements of mil- having to compete for funding with Haiti and its neighbors strengthen lions of Americans, from becoming urban hospitals and clinics. basic infrastructure bridges and roads worse. For military construction, the bill and help with reforestation, so that Mr. JOHNSON. Mr. President, I am provides $25 billion. This funding will damage from future storms is less se- pleased that the appropriations pack- provide for the most critical construc- vere. age which the Senate is now consid- tion needs of our Nation’s military, im- We also know that Haiti was a des- ering incorporates a trio of security-re- proving safety and security on our titute country before these latest hur- lated funding measures, including the military bases in the United States and ricanes. Its Government is fragile; its fiscal year 2009 Military Construction, abroad, and enhancing the living condi- economy is in shambles. These dev- Veterans Affairs and Related Agencies tions of our soldiers and their families. astating storms are capable of revers- Appropriations bill. Mr. President, it is vitally important ing whatever economic and social This bill is important to the Nation’s that the Senate act quickly on this progress has been made in recent years military forces and their families and spending package and see it signed into

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22597 law before the end of the fiscal year so grants. State and local governments repair single and multifamily homes in that we may speed this funding to the have considerable flexibility and lee- rural areas; $40 million for USDA to re- many programs that are essential to way in how they use these grants. They build and repair rural community fa- the health and well-being of our mili- can be used for home repairs and cilities, including nonprofit facilities, tary forces, their families, and our Na- buyouts, assistance to businesses, re- everything from hospitals to day care tion’s veterans. pair of damaged public facilities, and centers, in towns with populations Mr. HARKIN. Mr. President, as our additional mitigation efforts to reduce under 20,000; $26 million for rural utili- colleagues know, my State of Iowa and damage from future disasters. ties including water and wastewater, other States across the Midwest were The amount of CDBG funding varies rural electric cooperatives, electric and hit by devastating tornadoes, floods, from time to time, as do the specific telephone repair, and reconstruction; and heavy rains this past spring. These rules. The language in this continuing $100 million for the USDA Emergency were natural disasters of historic pro- resolution provides more flexibility Watershed Program for recovery from portions, and they left tremendous than has often been provided in the floods, storms, and other natural disas- damage and destruction in their wake. past. ters; $115 million for the USDA Emer- Three and a half months later, Since passage of the initial flood re- gency Conservation Program; $850 mil- Iowans are making progress toward re- lief in late June, the Department of lion is made available for the repair of covery. But the harsh reality is that Housing and Urban Development has State highways damaged by the storms many flood victims are still living in been very slow to actually get CDBG across the country; and $20 million is trailers or with relatives. Many busi- funding out the door and to the people made available for the repair of rail nesses can’t get the low-interest Small who need it. There has been endless line and bridges of small railroads that Business Administration loans they redtape and chronic delays. And this is have suffered very considerable dam- need to rebuild and recover. Cities are unacceptable at a time when so many age. These funds are crucial to several waiting for funding to restore damaged people are hurting and so many busi- small railroads that are very impor- infrastructure. We still face billions of nesses are struggling to put people tant to many local shippers and receiv- dollars in unmet needs across Iowa. back to work. ers of rail goods. This funding is not Within weeks of the flooding, Con- To prevent a repeat of this poor per- available to the large railroads. gress acted promptly to provide assist- formance, a provision was included, In addition to the relief provisions in ance, passing a $2.65 billion disaster as- which I proposed, requiring that HUD the continuing resolution, I want to sistance bill. This was intended to be allocate at least one-third of the CDBG mention the good work of my senior only an initial injection of Federal money in this bill within 60 days of it colleague, Senator GRASSLEY, who aid—a downpayment on the long recov- being signed. This will give us con- played a lead role in moving a number ery ahead. fidence that, by about December 1, a of important tax provisions in the sep- I am very pleased that, in this con- significant portion of this CDBG arate tax extender bill that passed the tinuing resolution before us today, we money will be in the hands of individ- Senate earlier this week—tax provi- have the second installment on dis- uals and businesses that urgently need sions that will be of significant benefit aster assistance. The bill includes $23 it. Needless to say, this ‘‘one third’’ re- to those recovering from disasters. I billion in disaster aid, with a signifi- quirement is a minimum. I hope that was pleased to be the lead Democratic cant share of those dollars destined for HUD will do better than that and will sponsor of his disaster tax bill in this Iowa and other Midwestern states hit release this new CDBG funding as expe- area that includes important assist- by floods and tornadoes. ditiously as possible. ance for homeowners, for the building As a senior member of the Senate Ap- This new disaster-relief package in- of new housing, and assistance to re- propriations Committee, I have been cludes several other major components. build and revitalize business. working with other members of the It includes $7.9 billion for FEMA dis- The funding in the continuing resolu- tion will bring a second infusion of ur- committee, and with the House Appro- aster relief, which helps pay individ- gently needed resources to people in priations Committee; with other Sen- uals affected by disasters nationally. It includes $600 million for the social Iowa and across the Midwest. ators from the disaster-impacted No question, people in my State have services block grant program to pro- States; as well as the Iowa House dele- suffered terrible damage, and the road vide urgently needed services to people gation for months to secure these ur- back is going to be long and difficult. in areas hit by disasters. This funding gently needed funds. I am both grati- But as I have witnessed in recent fied and grateful that my colleagues on can be used to purchase food, shelter, months, Iowans are a tough, resilient the Appropriation Committees recog- and clothing, as well as health care and people. And they are also a generous nized the disaster recovery needs in my mental health services. States may people, pitching in to help neighbors State of Iowa as a national priority. also use these funds for vital public and strangers alike. The $23 billion provided in this bill is health activities, such as surveillance As I learned in the Navy, there are allocated in several areas. The largest of water-borne or mosquito-borne dis- two responses to a disaster. It’s either segment is $8 billion to replenish eases. Funds may also be used to repair ‘‘every man for himself, abandon ship,’’ FEMA’s available funding, which is damaged health care and social serv- or it’s ‘‘all hands on deck, save the crucial. However, the amount that ices facilities, such as child care cen- ship.’’ Well, Iowans are an ‘‘all hands local governments and individuals re- ters. on deck’’ kind of people. We will en- ceive from FEMA is set by existing In addition, the package includes $182 dure—and we will prevail. law. million for construction of the new Finally, let me say that the disaster One of the most important functions Cedar Rapids Courthouse. As many of funding in this bill is another impor- is mitigation funding equal to 20 per- my colleagues know, the city of Cedar tant, positive step on the path to full cent of most of what FEMA spends in a Rapids was devastated by the flooding recovery. But additional assistance State. Those funds are used to reduce in June. The Cedar River crested at will be needed. the chance of damage from future dis- nearly 32 feet, inundating nearly 400 The reality is that the funding levels asters. I am proud that, in 1993, I was city blocks—more than 9 square miles. for the disaster package were set with the chief sponsor of legislation that The construction of this new Federal only minimal information on the level sharply expanded this program, similar courthouse will be an important sym- of damage suffered by Hurricanes Gus- to what it is today. We need not only bol of the rebirth and rebuilding of this tav and Ike. When that data is set, I to recover from past disasters, but proud city. believe it will be clear that additional work to limit damage in the future. The package also includes important assistance will be necessary for those The most significant component of disaster relief for rural areas. It in- accounts that are allocated by the relief funding in this bill is $6.5 billion cludes: $59 million for the U.S. Depart- level of damage in each State or region for community development block ment of Agriculture to help rebuild and compared to all of the disaster areas.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22598 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 Hopefully, early next year, by which fense programs and support for all the mittee has brought before the Com- time we should have a nearly complete major missile systems in the budget re- mittee and this Senate legislation to assessment of damages and needs, I quest. It includes $750 million in addi- authorize bonus payments for Filipino will work with my colleagues on the tional funds to support our National veterans who fought in World War II. Appropriations Committee to include a Guard and Reserve equipment needs Like my colleague and good friend, third installment of disaster relief on and $750 million to enhance our Na- Senator AKAKA, I respect and honor the the omnibus appropriations bill for fis- tion’s intelligence, surveillance and re- sacrifice of the Filipinos in that war, cal year 2009. connaissance capabilities to support and I respect his tenacity to pass what I am grateful to my colleagues for our warfighters today. In addition, the he believes is a remedy to a wrong. providing this generous assistance to needs of the intelligence community This is where I unfortunately part people and businesses in Iowa and are addressed in this measure and sum- with the Senator. After World War II, across the Midwest. And I urge their marized in a classified annex. the Philippines were not left destitute, support for this continuing resolution. The bill before the Senate, which was with America turning a blind eye to Mr. INOUYE. Mr. President, today passed by the House on Wednesday by a their sacrifice and efforts in the war. In the Senate is considering the Defense vote of 370 to 58, represents a com- fact, the United States has spent mil- Appropriations Act for fiscal year 2009, promise between the views of the Sen- lions upon millions of dollars on infra- along with a 6 month continuing reso- ate and House Defense Subcommittees. structure in the Philippines. lution and other matters. In regards to Additional funding above the amounts However, there are some who think the Defense portion of this bill, the Ap- approved by the Senate Defense Sub- that is not enough. There are some who propriations Committee examined the committee is included for several ini- believe that Filipino veterans deserve President’s request of $491.7 billion for tiatives including a down payment on to have all the benefits and entitle- funding under the jurisdiction of the the next LPD–17 amphibious ship. It ments that American veterans are af- Defense Subcommittee. The amount provides more funding for C–130 air- forded. I disagree. that is contained in this measure for craft than we had recommended and a At a time when we have soldiers com- the Department of Defense is $487.7 bil- higher level of funding for the Presi- ing home broken from combat, this bill lion, $4 billion below the request and dential helicopter program. It also in- would designate as an ‘‘emergency’’ equal to the subcommittee’s 302(b) al- cludes a cut of 5 percent in funding to $198 million to provide a lump-sum location. scale back contracting out in the De- payment of $9,000 to Filipino veterans Over the past 9 months the Appro- fense Department. currently living in the Philippines and priations Committee received testi- On balance we believe this is a very $15,000 for those Filipino veterans liv- mony from the leaders of the Depart- good bill. The budget allocation re- ing in the United States. ment of Defense and intelligence com- quires us to make some difficult Mr. President, let me say that again: munity, on all of the critical programs choices curtailing funding for pro- this would designate the funding I just requested by the Administration for grams which are of interest to certain spoke of as an ‘‘emergency.’’ the coming fiscal year. These hearings members, outside interest groups, or Now, I know how things work around were augmented by countless meetings the military departments. But the here. Someone’s emergency doesn’t al- and detailed review by the committee funds that are reduced are for pro- ways seem to be too urgent to other staff. Senator COCHRAN, Senator STE- grams which are behind schedule or not folks. But please, I would like some- VENS, and I together worked in formu- sufficiently justified. In reallocating body to come to this floor and explain lating the recommendations that were funding from these programs, this bill to me how giving Filipino veterans a reviewed and approved by the Defense provides for the critical unmet needs of check for $9,000 or $15,000 can be seen as Subcommittee on September 10. Those the military and intelligence commu- an emergency. Not when we are debat- recommendations form the basis of the nity albeit at a lower overall funding ing landmark legislation to shore up bill which is before the Senate today. level. our economy, which is suffering so The highest priority for our com- Today is September 25. The fiscal greatly. Not when we have Senators mittee is to support our men and year is rapidly coming to a close. The coming to this floor repeatedly arguing women in uniform. That means we Senate is using an unusual procedure that we have so badly underfunded the strongly support and fully fund pro- to consider this bill. It is not one that VA that we need supplemental spend- grams to provide for the pay and allow- any of us is particularly pleased with, ing every year just to keep up. Not ances of our forces, to take care of and some are likely to be critical of it, when there are towns in Texas still their families, and preserve the readi- but it is a procedure and probably the cleaning up from the ravages of Hurri- ness of the force. In this bill, our fami- only procedure which will allow for cane Ike. And not when we have a For- lies are protected. Additional funds are passage of this very important measure est Service that is broke and must bor- provided to fix hospitals and barracks, before the end of the fiscal year. I can row and steal from other agencies to to serve our families through the Fam- assure my colleagues that we have ensure that we can fight against ily Advocacy Program, and to enhance worked closely with the House on a bi- wildfires threatening thousands of peo- our Defense Health Program. partisan basis to ensure that the bill ple’s homes. To ensure our forces are prepared to which has come before the Senate rep- Mr. President, I could go on for days serve in harm’s way, the recommenda- resents what is needed for our Nation’s talking about true emergencies in our tion provides for the purchase of essen- defense and for the men, women, and Nation. However, designating a fund tial equipment and support to meet their families who serve her. I thank for Filipino veterans as an ‘‘emer- their needs. The measure approves and, all my colleagues, and in particular gency’’ just doesn’t pass the smell test. in some cases, increases funding above Senator COCHRAN and Senator STE- And this is not an insignificant amount the budget request for key programs VENS, for their efforts in putting this of money, Mr. President: we are talk- such as the Future Combat System, bill together. I urge my colleagues to ing about almost $200 million that unmanned aerial vehicles, F–18 air- join with me today and vote to pass could be used for items that truly de- craft, UH–60, MH–60, and CH–47 heli- this measure. serve to be considered emergencies. copters among many others. Mr. CRAIG. Mr. President, I rise I know that we will pass this con- The recommendation includes funds today at a time of significant financial tinuing resolution, and I praise the to purchase 14 F–35 aircraft and in- crisis in our Nation to discuss a pro- work that was done on most of this cludes advance procurement to pre- gram within this continuing resolution bill. There are a lot of good programs serve the industrial base for the F–22 that, in my opinion, is the wrong pri- that will get funded because of this bill aircraft and DDG–51 destroyer pro- ority at the wrong time. and the work that was done on it. grams. It provides a $120 million in- Over the last 2 years, the chairman of Unfortunately, I could not stay silent crease for our near-term missile de- the Senate Veterans’ Affairs Com- when I saw that almost $200 million,

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22599 designated as emergency spending, was This additional funding for LIHEAP The funding that is part of this legis- going to be spent on non-American vet- is critically needed particularly as we lation will support loans that will be erans for actions taken in the 1940s. head into the winter months. These fully repaid with interest to the Fed- I hope that my colleagues today will funds need to be put quickly and di- eral Government and will not cost the take a serious look at the authoriza- rectly into the hands of individuals taxpayers anything beyond the admin- tion that will come before this Senate who need them the most, which will istrative costs. The benefit to the in the future to allow this funding to both provide a vital safety net to these American people is that it will help to be spent. It is my serious belief, as I families and seniors and provide a ben- bring these advanced vehicle tech- hope I spelled out clearly here today, efit to the economy. Studies have nologies more quickly into the market- that this funding should not be spent shown that every LIHEAP dollar dis- place and it will ensure that these ve- for its intended purpose. Instead, Sen- tributed generates up to 5 dollars of hicles and components continue to be ators should look at this funding as a economic activity, thus helping to manufactured in the United States by way to pay for priorities, either within stimulate the economy. American workers for many years to the VA or other agencies that have I am also pleased that this legisla- come. In the near term, the avail- been underfunded, that are true emer- tion includes a significant increase in ability of these loans for auto manufac- gencies. funding for the Department of Energy’s turers and suppliers in my home State Mr. LEVIN. Mr. President, this con- weatherization assistance programs, of Michigan and other auto manufac- solidated appropriations bill includes providing close to $500 million for this turing States will help ensure that we three important Fiscal Year 2009 appro- program in fiscal year 2009. The Bush maintain existing auto and supplier priations bills, the Homeland Security administration has consistently re- jobs and stem the decline in American appropriations bill, the Military Con- duced funding for weatherization as- manufacturing. struction and Veterans appropriations sistance in previous years and even Success in the area of advanced tech- bill, and the Defense appropriations proposed to eliminate it completely nology vehicles—such as hybrids, clean bill. In addition, this bill includes fund- this year. But instead of decimating diesel, and plug-in hybrids—is critical ing for a number of other important the program as proposed by the admin- to the future of Michigan-based auto programs, including nutrition and istration with, the increase provided in manufacturers and suppliers and those home energy assistance programs to this bill, Congress will more than dou- in many other States. Most of these ensure those most vulnerable who rely ble the assistance provided by the Fed- technologies were invented by our com- eral Government and help to weath- on these programs do not lose access to panies here in the United States, and erize an additional 100,000 homes. them. we need to keep manufacturing them Congress has changed eligibility Today many families are hurting here and continue to lead the world in rules under the Pell Grant Program in from the current economic downturn automotive innovation. These loans order to afford more students larger and the rising food and energy costs. grants. As a result, the Pell Grant Pro- will help our companies stay competi- This bill includes additional funding gram will require a funding boost from tive in the global marketplace. It is for both the Nutrition for Women, In- this year’s funding to ensure each stu- important to note that the loan pro- fants and Children, WIC, program and dent’s 2009–2010 Pell grant award level. gram is open to all automakers and the Commodity Supplemental Food The bill includes $2.5 billion above 2008 suppliers to retool their facilities to Program, CSFP, which provide assist- to prevent cuts in the Pell Grant award produce these vehicles and compo- ance to children, low-income working to students midway through the year. nents. Some may be more in need than families, and seniors. It is of vital im- I am particularly pleased that this others—but it is open to everyone with portance that we continue these food appropriations bill includes funding to a qualified technology. I want also to programs for our Nation’s least fortu- support up to $25 billion for loans to emphasize that these loans are avail- nate and most vulnerable. auto manufacturers and suppliers for able to suppliers and component manu- I am pleased that the bill contains retooling of facilities to produce ad- facturers independently to develop and significant additional funding for the vanced technology vehicles and their manufacture many of the technologies Low Income Home Energy Assistance component parts. These loans were au- that will be assembled into advanced Program, or LIHEAP. This bill in- thorized as part of the 2007 Energy bill technology vehicles—technologies such cludes a total of $5.1 billion for to assist companies in moving swiftly as lightweight materials, batteries and LIHEAP, which is double the amount toward advanced technology. Since battery systems, fuel cells, and other of funding provided in fiscal year 2008 that time, the need for access to cap- components that offer tremendous po- and will serve an additional 2 million ital has become increasingly urgent tential to improve fuel economy. households and increase the average due to the state of the economy and It is a significant accomplishment to amount available per household. significantly changed market condi- have funding for these loans included LIHEAP is a critically important pro- tions. in this appropriations bill. The next gram that was created to help low-in- In the midst of all the economic dark step in this process is for the Depart- come families, elderly individuals on a clouds that are in the sky, this is a sig- ment of Energy to establish regula- fixed income, and the unemployed pay nificant bright spot that will help do- tions to implement this program, and their energy bills. mestic manufacturers in moving for- it is essential that it happen quickly. Even before recent and projected in- ward with the advanced technology We need these regulations completed creases in energy prices, Michigan— that we all want to see. The U.S. auto- expeditiously in order to get money like other States—started off with less motive manufacturing industry is fac- out the door to the manufacturers that funding in the current fiscal year than ing huge challenges. They face a sput- need it to move forward with advanced was required to meet the need. There tering global economy, the economic technology vehicles and components. have been significant efforts over the downturn here at home, the credit cri- The legislation significantly in- last couple of years to provide full sis here at home, and the challenge of creases resources for border security, funding for the LIHEAP program—con- meeting new fuel economy standards including $30 million for border inter- sistent with that authorized by the En- that Congress enacted last year. The operability demonstration projects. In ergy Policy Act of 2005—but these ef- future viability of the auto industry 2007, I authored the legislation that es- forts have been thwarted by an admin- depends on whether they are able to tablished the International Border istration unwilling to support this pro- produce advanced technology vehicles Community Interoperable Communica- gram at the necessary level. Therefore, that will reduce our consumption of oil tions Demonstration Projects on the I am particularly pleased today that and greenhouse gas emissions, be af- northern and southern borders. These the administration finally has joined fordable for the average American, and projects will address the interoperable the Congress in supporting this vital ultimately save consumers money at communications needs of police offi- lifeline for many Americans. the gas pump. cers, firefighters, emergency medical

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22600 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 technicians, National Guard, and other Mr. KOHL. Mr. President, I know ensure that all Americans can pursue a emergency response providers at our none of my colleagues is happy that higher education, and during these borders. today the Senate was forced to pass a tough economic times, such grants The bill also provides valuable fund- continuing resolution. Continuing reso- have become even more important to ing for our first responders, rail and lutions are a sign that we failed to get families. With college students seeking transit security FIRE Act grants, and our work done in a timely manner. As financial aid in record numbers, the SAFER grants. a result, many departments will be fro- Department of Education recently an- The Defense appropriations section of zen at last year’s funding levels and nounced that the Pell Grant program the bill supports the operational needs unable to begin new initiatives until could face a shortfall of nearly $6 bil- of our troops in Iraq and Afghanistan next spring. lion next year if more federal funds are and the ongoing transformation of the Congress was able to complete 3 of not made available. The additional military. Small and large businesses the 12 appropriations bills, however, funds provided in this bill are a crucial and universities across State play a and those bills are the vehicle for the first step toward ensuring the contin- critical role in ensuring that our continuing resolution before us. I am ued sustainability of the Pell Grant Armed Forces are equipped to meet the pleased that Congress was able to come program, and I am glad to see that this challenges of the 21st century. Espe- together and move the legislation most Congress continues to make college af- cially in the areas of vehicle tech- critical to our national defense includ- fordability a top priority. nologies, robotics, energy and manu- ing the Defense, Military Construction, The continuing resolution also in- facturing research and development, and Homeland Security appropriations cludes low-interest loans for U.S. auto- Michigan continues to lead the way. bills. makers. These loans will provide need- The bill includes approximately Unfortunately, one of the bills that is ed financing to allow GM, Ford and $354.1 million for Army research on left behind is the Agriculture appro- Chrysler to retool their factories to combat vehicle and automotive tech- priations bill, the bill I have responsi- produce fuel efficient cars and trucks. nologies. This includes work on sys- bility for. However, there are parts of In June of this year, GM announced it tems to protect Army vehicles against the CR that deal with the Agriculture was closing its Janesville, Wisconsin, rocket-propelled grenades, improvised Department, and I think it is impor- plant because demand for the SUVs explosive devices and explosively tant to spend a few moments going built there was down. With these low- formed projectiles; advanced materials over the details within my jurisdiction interest loans on the way, I am hopeful for combat and tactical vehicle armor; as chairman of the Subcommittee on that GM retools the Janesville plant. more efficient engines; fuel cell and hy- Agriculture Appropriations. With a highly skilled workforce, the brid electric vehicles; unmanned My staff worked diligently with their Janesville plant stands ready to meet ground vehicles; computer simulations House counterparts to find a respon- consumer demands for fuel efficient ve- for vehicle design and training of Army sible way to move forward under dif- hicles that will keep good paying jobs personnel; and technology partnerships ficult circumstances. The continuing in Wisconsin and reduce our depend- with the automotive industry. This re- resolution includes an addition of $150 ence on foreign oil. search is performed and managed by million for the Food and Drug Admin- Passing a continuing resolution in- the Army Tank and Automotive Re- istration. The FDA has enormous re- stead of finishing our work is never search, Development and Engineering sponsibilities and I have consistently something to be proud of, but this CR Command, TARDEC, and its National been pressing for more rigorous work makes the best of a bad situation. I Automotive Center, NAC, both located on food safety. These additional funds look forward to finishing the appro- in Warren, MI. TARDEC is the leading priations bills next year and putting laboratory for research and develop- will contribute to that effort. The continuing resolution also in- our government on a more sustainable ment of advanced military vehicle cludes resources to aid recovery from funding path. technologies for the Department of De- Mrs. FEINSTEIN. Mr. President, I recent hurricanes and flooding in the fense, DOD. rise today to discuss a matter of crit- Midwest. An additional $100 million is The bill also includes funding for the ical importance to the security of our provided for the Emergency Watershed programs of the Army’s TACOM Life borders and our Nation. Cycle Management Command, LCMC, Program. The Emergency Conservation It is estimated that at least 15 mil- in Warren. TACOM LCMC is the Program is slated for an increase of lion people enter the United States Army’s lead organization for the devel- $115 million. Both of these programs through the visa waiver program each opment and acquisition of ground vehi- provide basic, essential support for year. Thousands of these people over- cle combat, automotive and arma- storm cleanup. stay their authorized visit, and many ments technologies and systems. The continuing resolution also in- just simply disappear into the shadows. TACOM LCMC-managed systems in- cludes substantial resources—$188 mil- This country cannot afford to con- clude the Abrams main battle tank, lion for Rural Development. $38 million tinue this trend. The Department of Bradley Fighting Vehicle, Stryker Ar- of these funds are specifically set aside Homeland Security and its partners mored Vehicle, Mine Resistant Ambush to continue recovery from hurricanes must have the tools they need to pro- Protected Vehicle, and all Army tac- Katrina and Rita. The balance of $150 tect Americans by tracking the mil- tical vehicles, such as the HMMWV, million is aimed at aiding recovery lions who enter our country, including FMTVs, and the Army’s next genera- from natural disasters that occurred in some who may wish on us grievous tion of combat vehicles, known as Fu- 2008. They will augment efforts to harm and injury. ture Combat Systems. maintain rural housing for low income A biometric system is one of the best There are nine military construction and elderly Americans affected by tools we have to protect us from the projects included in the MILCONN/VA these disasters. Without them, many use of fraudulent and stolen passports division of the bill for Michigan, in- needy Americans face very grim hous- and other international documents. We cluding $68.5 million for the Detroit Ar- ing circumstances. The funds will also need to make sure people are who they senal in Warren. help restore community facilities, claim to be. These funds are crucial for the need- rural utilities and small businesses. Between January 2002 and June 2004, ed construction and renovations nec- The CR also address some other pri- 28 foreign governments, including visa essary to accommodate the more than orities of mine. I am pleased that this waiver countries, reported 56,943 stolen 1,000 personnel who will be transferred continuing resolution includes an addi- blank foreign passports to the State to the Detroit Arsenal. This bill will tion of $2.5 billion for the Pell Grant Department. And just this summer, a also provide much needed improve- program, which is the largest grant security van in London was hijacked, ments at Camp Grayling, the Army Re- program available to help low-income resulting in the loss of 3,000 blank Brit- serve Center in Saginaw, and Selfridge families afford the rising cost of a col- ish passports and visas that were des- Air National Guard Base. lege degree. Pell grants are critical to tined for overseas embassies.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00086 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22601 Clearly, DHS cannot continue to add having a rough go of it, ‘‘Tough luck, cial markets are in turmoil as a result new countries into the visa waiver pro- you’re on your own.’’ It is important to of mismanagement of the economy and gram without properly mitigating the responsibly offer a helping hand where neglect of the regulatory process that security risks. we can and help spur the economy. helps maintain confidence in the mar- That is why Congress passed a provi- As families face increasing energy ket. Americans are losing their homes sion in the 9/11 Commission Rec- bills that have stretched their budgets to foreclosure at record rates. Our ommendations Act just last year re- thin, and as we head toward cold win- country remains mired in Iraq, fighting quiring the Department of Homeland ter days and nights, we are providing a war that President Bush should never Security to implement a biometric air some relief. This resolution contains has started, that continues to cost too exit system. This biometric system is substantial low-income energy assist- many lives and billions of dollars each required to be in place by June 30, 2009. ance and weatherization assistance— month, with no end in sight. The intent of Congress was and re- programs that are essential for seniors As part of this legacy, the Bush ad- mains clear: There must be in place a and low income families this upcoming ministration has further failed to meet fully operational biometric air exit winter. one of its most important obligations system, or else the Secretary of Home- The CR will also provide much-need- during wartime—to protect American land Security cannot admit new coun- ed resources for families struggling to taxpayers from losses due to fraud and tries into the visa waiver program. keep up with increasing grocery bills corruption in war contracting. Fraud Therefore, if such a biometric system and rising college tuition fees. It will and corruption in contracting are all is not implemented by June 30, 2009, provide urgently needed disaster assist- too common in times of war, and these the Secretary’s authority to admit new ance to those hit by recent hurricanes, problems have been particularly perva- countries with visa refusal rates above substantial funding or veteran’s health sive in Iraq. 3 percent shall be suspended until a bi- care, and an important investment in New reports just this week have con- ometric exit system is fully oper- Pell grants and emergency food assist- firmed that corruption and fraud have ational. ance. robbed billions from the American tax- This is critical to ensuring the abil- As the author of the COAST Act, I payers during the Iraq war. The former ity to track the arrivals and departures am adamantly opposed to expanded chief investigator of the Iraqi Commis- of foreign nationals—not just through coastline drilling along eastern and sion on Public Integrity, Salam a paper trail, but through fingerprints, western seaboards of the United States, Adhoob, testified before Congress this week that $9 billion in U.S. taxpayer photographs, and other fraud-proof bio- especially the Jersey shore. I want to funds have been lost to corruption and metric identifiers. continue the moratorium that has pro- fraud in Iraq. The bill that we are considering tected our Outer Continental Shelf for Mr. Adhoob described how senior today cuts off funding for the biomet- over two decades. Expanded OCS drill- Iraqi defense officials set up fraudulent ric air exit system until reports are re- ing is bad energy policy, bad environ- front companies that were supposed to ceived by Congress on pilot tests of the mental policy, and it will do nothing to buy airplanes, armored vehicles, and air exit solution. lower the prices at the pump, now or guns with $1.7 billion in U.S. funds. But We simply cannot afford to delay the ever. these companies failed to deliver most execution of the biometric exit system. This country deserves a serious de- of the military equipment, and what Congress should not be restricting bate about energy and not just election they did provide was mostly junk, in- DHS’s ability to protect our borders year posturing. Though this resolution cluding defective ammunition and un- and our people. does not extend the moratorium on safe bulletproof vests. These companies However, if the biometric system is coastline drilling, it allows us to re- also overcharged for military heli- delayed and the Department of Home- visit this issue in March, when we can copters and aircraft, delivering useless land Security is unable to meet the have a serious policy discussion. In the decades-old equipment. Most of the statutory deadline of June 30, 2009, the meantime, drilling would not com- money ended up in German bank ac- visa waiver program should not be ex- mence between now and then—or for counts controlled by these Iraqi de- panded. years into the future—anyway. With a fense officials. That is the intent of the authorizing new Congress and a new administration The Iraqi chief investigator prepared language and that is what’s best to pro- I will continue to stand up for the de- a full report based on this investiga- tect the security of our Nation. velopment of a real, comprehensive en- tion, and thousands of others, and sub- The biometric air exit system was ergy policy that achieves our goals mitted the documentation to the Iraqi mandated as a result of the horrific without endangering the Jersey shore. government, as well as to U.S. inves- events of 9/11. We are a different coun- With this action today, we have tigators. Yet so far, neither the Bush try today and we must learn the les- avoided a shutdown of the Federal Gov- administration nor the Iraqi govern- sons of September 11 and implement ernment, provided much-needed relief ment has taken action in these cases. the recommendations of the 9/11 Com- to middle-class and working Americans Instead, the Iraqi government has mission. We cannot afford to go back- struggling in this economy and allowed passed laws giving immunity to many wards as a country and Congress must Congress to focus on finding a bipar- of its corrupt officials, and the U.S. in- do all that it can to protect our Nation tisan solution to the urgent financial vestigators have too often stalled try- and prevent another tragedy like 9/11. crisis. ing to find witnesses and review docu- Mr. MENENDEZ. Mr. President, I Mr. LEAHY. Mr. President, it is en- ments in the midst of a war zone. rise today to express my support for couraging that Congress today passed These examples of fraud and corrup- the 2009 Consolidated Security, Dis- the Wartime Enforcement of Fraud Act tion are not isolated, or new. Over the aster Assistance, and Continuing Ap- of 2008 as part of the Consolidated Se- past 2 years, I have chaired hearings in propriations Act, a bill better known curity, Disaster Assistance and Con- the Appropriations and Judiciary Com- as the continuing resolution. tinuing Appropriations Act. This is a mittees focused on the billions of dol- Keeping the government running, modest but important commonsense lars that have been lost to contracting particularly as so many Americans are measure that will help restore account- fraud, waste, and abuse during this struggling in these tough economic ability and deter fraud in the many bil- war. The testimony at those hearings times, is vital. Besides ensuring that lions of dollars worth of contracts in has also exposed the Bush administra- basic services continue to be provided, connection with the two wars we con- tion’s failure to take aggressive action we are also providing some additional tinue to fight. to enforce and punish wartime fraud. measures of assistance that will benefit The failed legacy of the Bush admin- These hearings have shown how dif- millions of middle class and working istration is clearer today than ever be- ficult it can be for investigators to un- Americans. Now more than ever, we fore, as our Nation faces unprecedented cover and prosecute fraud amidst the can’t simply tell Americans who are crises at home and abroad. The finan- chaotic environment of war.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00087 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22602 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 These persistent problems have been Act, which made it possible for crimi- There appears to be a sufficient sec- made worse by the Bush administra- nal fraud offenses against the United ond. tion’s use of ‘‘no-bid’’ and ‘‘cost-plus’’ States to be prosecuted after the war The clerk will call the roll. contracts that have been awarded with was over. President Truman made that The assistant legislative clerk called little, if any, oversight or account- law permanent in 1948. the roll. ability. Billions in cash—physical, Everyone understood then that it was Mr. BURR (When his name was paper money—have been flown to Iraq unrealistic to believe that all wartime called). On this vote, Senator CLINTON and handed out in paper bags, often fraud could be tracked down imme- is absent. If she were present and vot- without records of who received what, diately in the midst of a war. The law ing, she would have voted ‘‘yea.’’ If I and when. Billion-dollar contracts for provided an extension of the statute of were at liberty to vote, I would vote training services cannot be audited be- limitations until the war was over. ‘‘nay.’’ Therefore, I withhold my vote. cause the records are incomplete, lost, Congress supported this law over- Mr. DURBIN. I announce that the or in disarray. As a result, time and whelmingly, as they had with a similar Senator from Delaware (Mr. BIDEN), time again, the government has paid provision during World War I. Presi- the Senator from California (Mrs. for services that were never needed or dent Roosevelt wrote: BOXER), the Senator from California never provided and for equipment that The crisis of war should not be used as a (Mrs. FEINSTEIN), the Senator from was too often substandard or actually means of avoiding just penalties for wrong- Massachusetts (Mr. KENNEDY), the Sen- doing. defective. ator from Missouri (Mrs. MCCASKILL), But as we found again this week, too Unfortunately, this Roosevelt-era the Senator from Washington (Mrs. often we do not learn about wartime law does not appear to apply to the on- MURRAY), and the Senator from Illinois fraud and corruption until years after going conflicts in Iraq and Afghani- (Mr. OBAMA) are necessarily absent. the fact. What we do know is that bil- stan. Current law only applies ‘‘when I further announce that, if present lions of dollars are unaccounted for, the United States is at war,’’ but the and voting, the Senator from Cali- and likely lost to war profiteers and military operations in Iraq and Af- fornia (Mrs. FEINSTEIN) would vote corrupt officials. Fraud investigators ghanistan were undertaken without ‘‘aye.’’ from the offices of several inspectors formal declarations of war. As a result, Mr. KYL. The following Senator is general, as well as the Special Inspec- this law technically does not apply to necessarily absent. The Senator from tor General for Iraq Reconstruction these ongoing conflicts. Arizona (Mr. MCCAIN). and the Federal Bureau of Investiga- This bill simply amends current law The PRESIDING OFFICER. Are there tion, are working to figure out where to make clear that extending the stat- any other Senators in the Chamber de- the money has gone and who has taken ute of limitations during wartime ap- siring to vote? it. But they have told us it will take a plies to the wars in Iraq and Afghani- The result was announced—yeas 78, long time, in some cases years, to fig- stan. In doing so, we will give inves- nays 12, as follows: ure out exactly what has happened tigators and auditors the time nec- with the billions of dollars in fraud re- essary to continue their efforts to un- [Rollcall Vote No. 208 Leg.] lated to war contracts. cover the wartime frauds and prosecute YEAS—78 In the meantime, the statute of limi- those who are responsible. Without this Akaka Durbin Murkowski tations that bars Federal fraud pros- Barrasso Enzi Nelson (FL) bill, fraudulent conduct by war con- Baucus Grassley Nelson (NE) ecutions after 5 years threatens to tractors and corrupt officials will go Bayh Gregg Pryor make this work meaningless and essen- unpunished, and the government will Bennett Hagel Reed tially immunize those who are respon- have no ability to recover taxpayer Bingaman Harkin Reid Bond Hatch Roberts sible. The wars in Iraq and Afghanistan money lost to these criminals. Brown Hutchison Rockefeller have gone on for far more than five The statute of limitations is an im- Brownback Inhofe Salazar years, and with each passing day, we portant check on the proper use of gov- Byrd Inouye Sanders are losing the authority to prosecute ernment power, and we should suspend Cantwell Isakson Schumer Cardin Johnson Smith fraud committed early on in the wars. it only in extraordinary circumstances. Carper Kerry Snowe As time passes, we are effectively Wars provide exactly such cir- Casey Klobuchar Specter granting immunity to these criminals cumstances, as Congress and Presi- Chambliss Kohl Stabenow and letting them get away with tax- dents have recognized in the past. It Cochran Landrieu Stevens Coleman Lautenberg Sununu payers’ money. would be wrong to exempt the wars in Collins Leahy Tester I introduced the Wartime Enforce- Iraq and Afghanistan from this com- Conrad Levin Thune ment of Fraud Act of 2008 to correct mon sense law, and passage of this bill Corker Lieberman Vitter this problem once and for all. Passage will close that loophole for the Iraq Cornyn Lincoln Voinovich Craig Lugar Warner of this legislation today is an impor- and Afghanistan wars, as well as any Dodd Martinez Webb tant step forward to make sure all future wars. Dole McConnell Whitehouse those who have committed fraud will With passage of this bill today, Con- Domenici Menendez Wicker be held to account. Put simply, this gress has taken action, as it has in the Dorgan Mikulski Wyden bill will give the government more past, to protect the American taxpayer NAYS-12 time to continue investigating these and make sure the money spent to sup- Alexander DeMint Sessions massive wartime frauds and, in time, port the troops is not wasted through Allard Ensign Shelby this provision should save American Bunning Feingold fraud and corruption. The President Coburn Graham taxpayers untold millions and help should now sign this bill to show the Crapo Kyl punish those responsible for the fraud. American people that we will do all we PRESENT AND GIVING A LIVE PAIR—1 Our country has faced this same can to investigate and prosecute those problem in past wars and taken similar who would undermine our troops and Burr, against action. During World War II, President steal from the taxpayer during times of NOT VOTING—9 Franklin Delano Roosevelt spoke out war. Biden Kennedy Obama against ‘‘war millionaires’’ who made The PRESIDING OFFICER. Is all Boxer McCain excessive profits exploiting the calam- time yielded back? Clinton McCaskill ity of war. President Harry Truman, If all time is yielded back, the ques- Feinstein Murray when he served in the Senate, held his- tion is now on agreeing to the motion The motion was agreed to. toric public hearings to expose gross to concur. The PRESIDING OFFICER. The ma- fraud and waste by military contrac- Ms. LANDRIEU. I ask for the yeas jority leader. tors during the war. and nays. Mr. REID. Mr. President, this is a In 1942, President Roosevelt signed The PRESIDING OFFICER. Is there a great accomplishment for this Con- the Wartime Suspension of Limitations sufficient second? gress. Of course, we have battled our

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way through a lot of things, but this is cial indicators that are extremely im- PETE became a lawyer. From there, he an excellent piece of legislation. We portant, and this week they have been had the tools he would need to go to funded the troops in more ways than in big trouble. As we have said, and bat for the people of New Mexico for one. Not only have we done the Defense will say, this is more than just a con- the next 5 decades. appropriations bill, but we have done cern to Wall Street. A lot of these Elected to the Albuquerque City VA-HUD and Homeland Security. I things would have a dramatic, fast im- Commission in 1966, he became mayor wish we could have done all the appro- pact on Main Street. That is what the of Albuquerque the following year at priations bills, but we haven’t done negotiators are working on. the age of 35. It was there in the shad- that. But we have funded the Govern- So no more votes today. We will let ow of the Sandia Mountains that he ment until March 6. I appreciate the everyone know as soon as we can what got to know the needs and the ambi- cooperation of the distinguished Re- votes there will be on Monday. If we tions of his friends and neighbors and publican leader and all Senators be- have a vote on Monday, it is a very seemingly everyone else. cause it took all Senators to get to the narrow window because of the holiday Today, there is almost no one in New point where we are. I appreciate it very that starts at sundown on Monday Mexico—from the high plains in the much. night. That vote would be between 11:30 east, to the Sangre de Cristo Moun- We are going to have no more votes and 12:30. tains in the north, to the high plateaus today. We will let everyone know as The PRESIDING OFFICER (Mr. that cover much of the rest of the soon as we can as to what we are going SANDERS). The Republican leader is State—who does not offer a smile of to do on Monday. We are going to be in recognized. recognition at the familiar name of session on Monday. The question is, Mr. MCCONNELL. Mr. President, I PETE DOMENICI. What are we going to do on Monday? did not hear all of my good friend’s, the Five years after becoming mayor, the We may have to have a vote on the De- majority leader’s, remarks, but I did people of New Mexico sent PETE to fense authorization bill. We may have hear the end of them, and I do want to Washington. It was one of the best de- to have a vote on the Amtrak bill. I underscore that he is entirely correct, cisions the voters of any State have failed to mention one thing to the Re- that this crisis we face in the financial ever made. publican leader. I told him we had two markets is about Main Street. In six terms, PETE has built a reputa- things that were absolutely necessary. A good example of that is a commu- tion for honesty that is second to none. I forgot to mention one of them. We nity of mine that wanted to issue mu- The undisputed leader on energy issues have to do, of course, the Defense au- nicipal revenue bonds the other day. in the Senate for nearly four decades, thorization bill. We have to do Amtrak. These were highly rated bonds. There PETE saw the need to secure America’s We have to do the nuclear treaty with was no buyer. This is going on all energy future before it was cool, even India. I have indicated to them we have across the country. It underscores the writing a book on the promise of nu- a lands bill we are taking a look at, a need to act responsibly and quickly, clear energy. package of bills. Each one of these is which we anticipate doing on Monday. Thanks largely to his efforts, the Nu- something we could complete next f clear Regulatory Commission received week. its first application last year for a nu- For people who are concerned about TRIBUTE TO SENATOR PETE clear powerplant in 29 years. the Indian nuclear agreement—and DOMENICI PETE is the only American to be there are several Senators who have Mr. MCCONNELL. Mr. President, few awarded the French nuclear society’s concerns—all we would be doing is run- Senators have meant more to this body highest award. He spearheaded efforts ning out the statutory time. At the end than PETE DOMENICI, and few are more to pass the landmark Energy Policy of that time, Senators have 10 hours of deserving of that praise. I am honored Act of 2005, a comprehensive bill that debate time. Then we vote. So there today to say a few words on the floor of has spurred the growth of renewable are very few hurdles we have to jump the Senate about the good and humble energy such as wind and solar and through on that other than running man we all know around here as which has set America on a path of in- out the 30 days. We can do that the ‘‘Uncle PETE.’’ creased energy efficiency. easy way or the hard way. Time started PETE is a classic American story that PETE authored the Gulf of Mexico running on September 8. Those are leg- reminds us why America is so great. Energy Security Act of 2006, a bipar- islative days we are in session. His parents were Italian immigrants tisan bill that opened new areas of the Those are the things we have to do who taught their five children the im- gulf to oil and natural gas exploration. before we leave. Of course, I haven’t portance of faith, the rewards of hard Long before people were calling on mentioned the big one, which is the fi- work, the blessings of a big family, and Congress to find more and use less, nancial rescue plan. As I said this an abiding love for their adopted coun- Pete was showing us that it could be morning, staff worked until early this try. done. morning. I had a briefing an hour ago As an only son, PETE grew up fast, PETE’s tenure on the Budget Com- from my staff. Progress is still being working in his father’s wholesale gro- mittee earned him a well-deserved rep- made. They only have a handful of cery business, studying hard at St. utation as one of the strictest fiscal issues, literally, maybe a handful and a Mary’s High School in Albuquerque, hawks in Congress. As chairman or half, left that the Members of Congress and developing a good enough fastball ranking member for nearly 23 years, he who are part of this negotiation will fi- to become a star pitcher at the Univer- coauthored the original Budget Reform nalize, and they will bring them to the sity of New Mexico. Act of 1974, which started the modern respective floor leaders. Hopefully, we In a sign of his future success as a budget process and established the can bring it to the floor at a very early lawmaker, PETE put together an im- Congressional Budget Office. He au- time. pressive 14–3 record his senior year in thored the Balanced Budget Act of 1997, As I indicated this morning, one of college. He was such a good pitcher, in leading to 4 straight years of surpluses. the things we want to do is have an fact, that he caught the attention of There is no greater friend of the dis- outline of an agreement by 6 o’clock on some major league scouts and soon abled in this country than PETE Sunday because that would give rec- earned a spot in the starting rotation DOMENICI. A coauthor of the Mental ognition to the Asian markets opening. of the Albuquerque Dukes. Health Parity Act of 1996, he has That is an important message. We have Now, for most American boys grow- fought tirelessly to expand it ever to make sure the markets aren’t vola- ing up in the 1940s, being a minor since. And just this week, all that hard tile. league pitcher would have been enough. work paid off when the Senate ap- We tend to look at the Dow Jones, But not for the son of Alda and proved full mental health parity as but as we have learned—as I have Cherubino Domenici. After earning his part of the tax extenders bill. After learned—there are a lot of other finan- JD degree at the University of Denver, years of patient effort, PETE’s vision

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I got a big working to create nearly 1 million will miss his frequent visits and his lawsuit that settled. No, it did not. It acres of wilderness throughout the stories about the old days and the way went to jury right about that time and State. In concert with the National he lit up like a child whenever he made a lot of money. I was able to at Park Service, he authorized the Route talked about his faith, his children, his least tell my wife we were not going to 66 initiative to help preserve the look grandkids, and his beloved wife Nancy go broke running for the Senate, al- and the feel of this iconic American who, thanks to PETE’s bragging, is though there would not be much road. known to everyone on my staff as a around for us to share. The case was a He has helped bring water to rural great cook. good one, and it made us able to go on communities through the water supply They will miss his warmth, his good through that campaign. bill. He secured funding for the only cheer, and his passion for the issues of But anybody that has been from a major western dam project of the last the day. They will miss the same family that is as large as ours knows decade. All of this is just part of PETE things that his colleagues will miss: an that for the head of the household to DOMENICI’s legacy. honest statesman and a good man who decide to run and serve as a Senator, Fortunately, the people of New Mex- made all of us proud to be Members of especially in a State like New Mexico— ico will be able to get the whole story the same institution as him. which is not Republican at all, and thanks to an effort that was recently Whenever PETE is reminded of all which is, very big—for the lady of the announced at New Mexico State Uni- that he has done for the people of New household to say yes, and then to live versity to study PETE’s impact on pub- Mexico and for our country, he always with it, has not been an easy job. lic policy and contributions to the says the same thing: It is an honor. She has probably had as hard a job— State in 36 remarkable years of service Now we, his colleagues in the Senate, a much harder job—than I, and she has in the Senate. never been anything but beautiful and The people of New Mexico are not the say the same thing about the time we have spent working alongside this good decent and honest and loving and car- only ones who are grateful for PETE’s ing. Obviously, she did not have enough service. He may not know this, but man. Senator DOMENICI, it has been an time to do all these things that I have PETE has a lot of fans in Kentucky. done. She did some of them. But I can Back in the late 1990s, when Kentuck- honor. say, wherever any of the Members and ians were beginning to learn the extent The PRESIDING OFFICER. The Sen- their wives met her, they had nothing of the environmental and health dam- ator from New Mexico. but good things to say because they age caused by the Paducah Gaseous f could not say otherwise. She deserves Diffusion Plant, PETE offered a helping FAREWELL TO THE SENATE just that. hand. Whether it was appropriating Mr. DOMENICI. Mr. President, first, Let me say that these remarks about funds for the cleanup, making sure I have to thank the distinguished Re- the Senate itself—I say to my fellow workers were screened for lung cancer, publican leader for his kind remarks retiree sitting here, JOHN WARNER—I or compensating those who had been and equally as important for his con- could do this in 20 minutes or 2 days wrongfully injured, Senator DOMENICI sideration of me ever since he has been because, obviously, there is so much to has been a reliable partner to me and a our leader. It has been easy for me to talk about. The time in the Senate, great friend to the people of Paducah make suggestions and to know he when you look at it day by day, was every step of the way, and we are would listen. It has been easy for me, grateful for his help. wrenching and difficult at times. It was A record such as this is not easy to when he has asked me to do things, to so hard; but when you look at it over 36 achieve in the Senate. It takes vision, do them because for the most part he years, it is like a storm. It blew by, and hard work, patience, and an ability to has been right on his ideas, he has been all of a sudden it is 36 years later, and cooperate with Members on both sides right on his judgment. I very much ap- you are gone. Nobody will experience of the aisle. One mark of PETE’s skills preciate his remarks here today. the strange feeling it is after 36 years in working with Members of both sides I have worked with a number of lead- in a place such as this to wake up of a is the praise he has received not only ers, as everyone knows, and they are morning and say you are not going to from local media but the national press all wonderful people. Obviously, when be here anymore. I don’t know what I as well. Here is what the New York you serve with people such as the dis- could offer the Senate to make it more Times had to say about PETE in 2001: tinguished Senator Bob Dole, who was pleasant for people who are leaving, If Mr. Domenici sounds like a serious man, in your position, I say to my good but for me it is time to say goodbye. he is. A colleague once described him as hav- friend who just remarked on my behalf, Having said that, I wish to move on ing a case of terminal responsibility. He is and when you sit in the same position to what makes a Senator succeed. I not cut from the same bolt as most politi- as our good friend from Tennessee, who have a list of the people who have cians. sat there for so long, Howard Baker, worked for me in my Senate office Like most of us, PETE never could you know you are in good company. here, or in my Senate office in New have done it alone. And he has not. And I know you are in good company. Mexico, or on the Budget Committee, Around the same time the minor But I would say to them, they are in or on the Energy and Natural Re- league scouts noticed PETE, PETE no- good company with you. sources Committee. I will say I could ticed a young lady named Nancy Burk. Now, I am supposed to say goodbye to not have done what I have done with- And 50 years ago this year, PETE and the Senate and that is probably what I out fantastic leadership from my staff. Nancy were married. Fifty years of am not going to do because I do not My first recommendation to anybody marriage is a remarkable achievement quite know how to do it. But I am coming here anew is don’t let anybody in itself, and it is well worth noting. going to say something in my address tell you that you can get by with just Apparently PETE and Nancy were today. It may be a little bit broken up. this person or that person. You have to both overachievers. Over the years, But I do want to start by saying I want find people who are smart, people who they raised eight children, which, of to thank my wife first. are gifted, people who are ambitious, course, makes all the other accom- Frankly, to be honest, she should not and people who want to serve you, the plishments look a little less chal- have let me run for the Senate. After I Senator, and make you achieve for lenging. ran for city council and became mayor your constituency. I have been blessed

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I thought such as the filling of the tree activity, recommend. First, Steve Bell, who has this was such a mammoth organization we are becoming more and more like been with me most all of my 36 years— with such compelling things hap- the House and less and less like a U.S. all but 8. Those 8 years he took off to pening, I didn’t know where I should be Senate. I don’t know whether we can go to Wall Street and make his own or what I should do. I sat in that seat do anything about that, but surely, fortune. He did that. Then he came over there because I was 99th in the surely we ought to be solving more back, and I caught him one day when Senate. JOE BIDEN was 100 when I came. problems in a bipartisan way. I think he wasn’t doing anything. I asked him Incidentally, they parked him in my the rules of our Senate are more apt to if he would like to work, and he won- office, so there were two Senators in operate well if Senators could work to- dered: Where? I said: How does chief of the same office when I arrived because gether rather than being polarized. staff sound? He didn’t bother to say I JOE had no place to stay and they put Again, I can’t say anyone is wrong in have to talk to my wife or anything. us together. So it was DOMENICI and doing it, because we feel very strongly He said: I will take it. And he has been BIDEN in the same office. about the issues before us, and that is here ever since. But what I said, Mr. Leader, in my why these things happen. A young man named Alex Flint, as first speech—I will just read one sen- I did mention, at least in passing, in well as another young man in my of- tence, and I said this: ‘‘Let us quit this these few words about New Mexico and fice—a lawyer—Ed Hild, who shep- self-serving struggle and get on with the things I was privileged to do there. herded the mental health parity bill for the business of governing.’’ And, how they made me what I am by 10 years. There are many other people. Now, that was when the Senate letting me do for them what they need- I am sorry I mentioned three, because didn’t have time to legislate because ed. I do wish to mention that there are others are going to wonder why I didn’t we were arguing about Richard Nixon. great people in that State. As a matter mention them. I am compelled to men- As a brand new Senator, I said those of fact, people don’t know that those tion two others. Bill Hoagland was the words. Now, isn’t it interesting that I two giant national laboratories in the director of the Budget Committee and could say those words today. I wish we State of New Mexico, the one called is now known in the United States as could quit partisan arguing and get Los Alamos and the other one at the our Nation’s foremost expert on more done. As I leave the Senate, I Sandia. Between the two of them, they the budget of the United States. He has must say there is no place like the Sen- provide more Ph.D.s and advanced de- written a white paper on the budget ate. I don’t think you could ever invent grees in science, math and physics to and it is incredible. Anybody who one. It has evolved out of our Constitu- that part of the United States than any wants to know the first 25-year history tion and out of the rules, the Jeffer- other part of the country. It is rather of the Budget Act should read Bill sonian rules that were adopted, and phenomenal what they do and what Hoagland’s white paper. then the evolution occurred with this they contribute. To be part of them has Then there is a lady named Carol body trying to meet the challenges of caused me to become somewhat of an McGuire who I got from one of the this fantastic, great country, from its expert in nuclear power, and I am other appropriations Senators. He was infancy to the growth that it has proud to tell my colleagues that nu- a Democrat. As he left, she came to today. Believe it or not, we have passed clear power is in a renaissance posture. work for me more than 25 years ago. I over the years one-sentence bills that I take a little bit of credit for it be- can tell you with all honesty, she be- were very meaningful that took a long cause I spent 10 years working on it, came as if she were a New Mexican. time. We have had complicated mat- and finally, it came forward. We are She knows more about her adopted ters that probably we never thought going to have nuclear power. It will State, which is my State, than any liv- would be handled by the Senate or the take awhile, because it takes about 4 ing public servant of any category in House. One of those is before us today. years to clear the permits, but they are anyplace in New Mexico, because she It is so complex for this kind of a coming forward four at a time, four has served me there and that means in body to legislate this problem that we permits at a time. There are about 26 every district she has been the prin- are having in our financial markets of them, 1,000-megawatt units pending cipal person on appropriations projects that one wonders whether we can do it. before the Nuclear Regulatory Com- and activities. But I do wish to say that it is my feel- mission. Our distinguished leader men- Clearly, there are many others and ing that we will solve the problem. We tioned one, because one had to start it they all have my greatest thanks as I will solve the financial problem which off, but we have many more now than ask unanimous consent to have this could cause the ruination of our coun- one. Those nuclear powerplants will list printed in the RECORD at this time. try, and it is because the Senate al- begin to help America achieve what we As I go through and find a few more most always, if not always, finds some- have always been best at: We will that I must put in, I think the Senate body who will take the lead. Somebody achieve with large operating machines will indulge me to add them. will rise up and be the leader. Some- that are perfectly safe; we will achieve There being no objection, the mate- body will take the reins and run with it without any carbon dioxide to bother rial was ordered to be printed in the and others will follow, and you will get the outer limits where we are worrying RECORD, as follows: done what must be done for America. about climate change. They have no Steve Bell, Ed Hild, Alex Flint, Bill There is no question that it is easy to emissions that have anything to do Hoagland, Chris Gallegos, Charles Gentry, play politics, even with something as with that. What a big achievement for Carol McGuire, Angela Raish, Lee Rawls, profound as our financial system and us. I am proud to have had something Paul Gilmon, Denise Ramonas, George Ra- monas, Darlene Garcia, Peggy Mallow, Lisa its potential for bankruptcy. It is easy to do with that. Breeden, Susie Cordero, Ernest Vigil, Joe to play politics and hide when you have There are many more things that are Trujillo, Joyce Pullen, Poe and Nancy Corn, something before you that says per- kind of matched between New Mexi- Lou Gallegos, Cheryl Rodriguez, Clay Sell, haps we are going to have a depression cans telling me about them and my Frank Macchiarola, Scott O’Malia, Maggie if we don’t act. But the Senate doesn’t getting to work on them up here. Be- Murray, Davie Schiappa. expect everybody to agree. cause of my scientists and the exper- Mr. DOMENICI. Mr. President, now I I wish to address for a moment two tise in nuclear matters, I was encour- wish to say that I looked for a little bit things that are happening in the Sen- aged after the two balanced budgets of history about myself to see what I ate that I wish could be changed. I wish that I was privileged to put forth and

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00091 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22606 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 manage—we did have two of them, I guess you have sensed that, have you Democrat. He had to, as it goes, be- JOHN, even though we look back and not? I bother you a lot asking what is cause I was chairman, take a lot less wonder when was it and will it ever going on, when are we going to do this, notoriety in New Mexico than I got. I come again, we had two in a row. I was when are we going to do that. never heard him complain a bit. He chairman of the Budget Committee. If I don’t have any of that around, I should have probably told me every After that, my staff said: What is next, don’t know what exactly I will do or now and then: Why don’t you shut up Senator? I said, I don’t know. We have what kind of a person I may become. for a week and let me talk about the to dream it up. We have already bal- Maybe I will just fade away. I hope not bill so New Mexicans will know I am anced the budget and we all came up and I doubt it. working too. But he didn’t do that. with let’s work on nuclear power, and What I have learned in the Senate. I When we finally finished, the President we did. That is how it happened. One learned what I wish every Senator of the United States made sure he got thing followed another. One accom- would learn, every Republican Senator, his credit because Senator BINGAMAN plishment begged out and asked for an- just speaking to my own party, I went for the signing of that bill. The other. That was, indeed, exciting. learned that the best way to solve a big reason he got so much credit is because Many other things have happened in problem is to do it in a bipartisan man- I put on a pair of glasses to hide from the field of energy, in the field of non- ner. the Sun. They were so big and bulky proliferation. That puts me looking over my left that people didn’t know who I was. I remember going to Russia when we shoulder and seeing Senator BINGAMAN. They surely knew who he was because finalized an agreement with the Rus- He is a Democrat. He has not been here he was clear and lucid and I had these sians. President Clinton invited me be- as long. Almost as long. The way he is glasses hiding me. So he got his just cause I was the one who led the cause going, he is probably going to pass my due. here to buy the remnants of 20,000 mis- 36 years. Although every time I tell My last comments have something to siles that had been taken apart in Rus- him that, he nods no. I don’t see what do internal to the Senate that I have sia and they had highly enriched ura- he is going to do if he isn’t in the Sen- achieved with the help of some mighty nium in abundance. We bought it. It ate. He is so involved. He loves it. fine people, with Steve Bell and Bill was my proposal: $350 million. The I do wish to say the most successful Hoagland as leaders. lights in the leader’s home and in peo- piece of legislation in 36 years—I did We passed a bill in 1974 called the ple’s homes today—10 percent of all of budgets, but they are not legislated. I Budget Impoundment Act of the United the lights in America are being lit by did reconciliation bills, which I am States. That was done for two reasons. that highly enriched uranium that is going to talk about in a moment as my One, President Richard Nixon got in- still flowing from that agreement, closing remarks. But when it came to volved a little too much in impounding which is about 14 years old. Now we are doing a major energy bill, we failed as a means of cutting budgets. So he going to enter into new agreements to until I made up my mind that I would would impound ongoing projects, such use that material that comes out of not do it unless I did it in a bipartisan as a water project, I say to David sit- those nuclear rockets; 20,000 is what manner. ting there. was dismantled for what we bought, I went to my fellow Senator, Senator I should comment that without but there is much more there, and that BINGAMAN, and I said: Are you willing David Schiappa and all his staff, we is always dangerous for America and to give it a try? We will do it in a bi- cannot make it. This place needs the for the world. So somebody will need to partisan manner. I was chairman for 3 young, smart, dedicated and honest. fill this vacuum and work hard at it. I years. And he said: It will be great. I Here is what happened in that law. heard the Presidential candidates can tell you it was the best 2 years of That law was passed, and it was speaking of it. I am not quite sure that legislating here that I have had, and I bragged about that Senator ROBERT either of them has been involved think he would say the same. He re- BYRD joined with those who put it to- enough to know what is going on, but calls. He pushed me, and he knows I gether and it will run and operate ex- I wish whichever one of them wins well pushed him. That means I took him as actly as it was written and there are no in that regard, because that is impor- far as I could, and when I got to a cer- loopholes in that bill. Maybe there tant. The nonproliferation of nuclear tain place, I said: I better agree with were not and maybe there were, but materials is drastically important. him, he doesn’t want to do this, be- early on, we found you could not get Now, I don’t know whether I am cause he is apt to quit, he is at the end anything out of the Budget Act by just going to be around here. My wife of the rope. I don’t know how many adopting budget resolutions because Nancy and I haven’t decided whether times he did that to me, but that is there was no way to make enforce any- we are going to live here or in New how you do it. You have to push and thing other than points of order. So we Mexico. If we live here, I won’t be bug- push, and then you have to give. That found a little section in there called ging anybody or bothering anybody, was a very exciting thing and a lesson reconciliation. That is a funny word. but maybe some of you might bother for all of us. We said: We are going to interpret rec- me. Who knows, I might have a cause There are too many people who don’t onciliation to mean our committee can that brings me to talk to you once in a know what is in that bill and they talk order another committee to do some- while. But leaving will be difficult for about it. But that bill is the reason thing and how. What they are ordered me. You all already know me. I don’t why we are going to have a rebirth of to do is reconcile with the budget. We take things lightly. I get so worked up nuclear power. It is the reason we are soon found we could reconcile tax bills. about this issue of the possible finan- moving ahead as rapidly as we are in We could reconcile entitlements. We cial problems of our country. I feel so solar energy and wind energy, no ques- could reconcile direct spending. personal about it. But, you must take tion about it. It is a bill that set the Lo and behold, the committees had care of it after I leave. After a day of ground rules for improving the na- to do it or we would do it. They said: debating and arguing, I feel so uptight tional grid for electricity so we might You will never do it because you are about the fact that we didn’t do some- have a day soon when we can say the not the committee chairman; it is my thing, that I don’t know how we can national grid will not break again. It committee. I said that is the perfect in- continue day after day, especially the will continue unabated. No matter tent of this provision. If you don’t want leader, waiting for these things to ma- what you do to it, you will not knock me to do it, you better do it. We never terialize. the whole thing offline. Those are the had to find out whether the chairman I want them done yesterday when I kinds of things that are in this bill, could because they always did it. see a problem as big as the one we have and much more, on conservation and a Why is that so important? Because in terms of our financial system. The host of other issues. reconciliation was provided to make first day I find out all about them, I We did that bill in 2 years because we sure you could not delay matters of want to sit down and finish it, Leader. walked hand in hand, Republican and budget. It was not filibusterable, let

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We Pete: Bocci, you don’t do any better here at 13. He claimed he was lucky. He had a vote. The Senate said it was. when you yell and get red in the face didn’t have to go to school because the If you wonder why almost all the than when you talk low and you don’t law said if you are 13, you don’t have major legislation of the U.S. Govern- get red in the face. I love you. to. He didn’t know education was valu- ment has been appearing with a funny I came back. I said to Senator KEN- able, so he was glad to go to work. He name—it is usually called something NEDY, when it finally got to be my didn’t want me to go to law school be- that says ‘‘Budget and Reconciliation turn: Senator KENNEDY, I want you to cause he was quite sure I had been Act of’’ such and such a year. That is know I got a note from my wife. overeducated. But when I explained it generally the major piece of legislation He said: Oh, you mean Nancy. to him, he paid for everything. He said: that we passed—major tax changes, I said: Yes, Nancy. I want you to be a lawyer, which was major Medicare changes, major Social He said: What about it? absolutely fantastic. Security changes, if any. All of them I said: She sent you a note. Really. It has been an honor to serve my will come out in that form. That means So I read him the note with his name home state of New Mexico. With that, every one of those bills became law be- in place of Bocci my name: Dear Sen- I just want to say thank you and good- cause of that interpretation of the ator KENNEDY, you don’t do any better bye. Budget Act that we put on it called when you yell and get red in the face Mr. WARNER. Mr. President, I sug- reconciliation. That is how all the bills than you do when you talk low and you gest the absence of a quorum. passed. don’t get red in the face. I said: I don’t The PRESIDING OFFICER. The What does it tell you then? It tells know why my wife said that to you, clerk will call the roll. you that a filibuster doesn’t work be- but she did. My wife would almost not The assistant legislative clerk pro- cause to get the work of budgeting let me in the door that night. But we ceeded to call the roll. done, you abandon filibuster. You send made our point and both of us tried Ms. LANDRIEU. Mr. President, I ask it to a temporary ash heap—not perma- from time to time to yell a little less. unanimous consent that the order for nently—because if you tried to do it I hope he is getting well or feeling the quorum call be rescinded. permanently, everybody would die be- better. We finished a bill that I did not The PRESIDING OFFICER. Without cause they think the filibuster would mention—maybe I did in passing—but objection, it is so ordered. be abolished and maybe there would be we did a bill together over the past 8 f a vote. But that is not what happens in years, which is a very important bill the Budget Act. You can read it in the for the mentally ill of our country. I MORNING BUSINESS act and interpret it and say you cannot have worked on the mentally illness Ms. LANDRIEU. Mr. President, I ask stop budgets indefinitely. There is no issues for about 25 years. The treat- unanimous consent that the Senate reason to have a budget. If you stop the ment of the mentally ill in the United proceed to morning business, with Sen- implementation indefinitely, you kill States is one of the most disgraceful ators permitted to speak for up to 10 the budget. Right? That is where it ways of handling a social problem of al- minutes each. comes from. most anything. We let them all out of The PRESIDING OFFICER. Without I certainly took a lot more than 20 dungeons and then provided no phys- objection, it is so ordered. minutes, but I didn’t take 2 days to say ical facilities for them. We just f goodbye and to tell you how I felt thought it will happen, but it didn’t TRIBUTE TO SENATOR PETE about this place. But it took a long happen. That is the worst. We acted DOMENICI time. Some of you certainly could have like it wasn’t a disease, even though it gone a long time ago, but out of cour- is. In the meantime, insurance compa- Ms. LANDRIEU. Mr. President, let tesy to me, you have sat here, includ- nies decided not to cover it. Even if me take a few moments to say what an ing you, Mr. Leader. they had an insurance policy that cov- absolutely outstanding privilege it has I do hope whoever reads the RECORD ered everything, they would cover men- been for me, for 10 of the 12 years I and whoever hears me today and those tally ill less. This bill says that will have served in the Senate, to serve on of you who are on the floor, at least not happen anymore. Insurance compa- the Energy Committee with Senator got out of this that I worked pretty nies would not be able to do that any DOMENICI. hard at being a Senator. I somehow got more—the bill is called parity, which It is rare to see a person in public of- myself involved in a lot of different means fairness, which means equality. fice who cares equally as deeply about things, and it was kind of fun that way. We are going to have fairness and his family and his children and his We got things done. We didn’t always equality of treatment by all insurance work. Sometimes families get pushed make a lot of noise, although I am companies for the mentally ill. aside because of the work of men and known to make noise, if necessary. But Senator KENNEDY was as excited women who think the work they do is those were not the areas I was involved about that as I was. He is very sorry he somehow more important than raising in. couldn’t be here when you helped me, their children. I have experienced I wish to close with one funny story Mr. Leader, get that through the other struggling for that balance in my own about my wife, Senator TED KENNEDY, day. We called him and told him and life, watching my father struggle with and myself. One night I was over here sent him a letter saying we couldn’t that balance. Sitting on the committee and Senator KENNEDY was over there. have done it without him. watching Senator DOMENICI has been My wife sometimes watches the TV to That bill will cover 113 million people an inspiration to me, to watch him see what we do here on the floor. It was who will no longer have the threat of handle some of the biggest issues of our between 7 and 9 in the evening. When I having less than full coverage for their time, truly, over 36 years. He spoke talk loud, you notice my face gets red. mental illness, such as they do for about some of them—the budgets of the I didn’t talk very loud today, but you other diseases. entire Congress, the nuclear renais- have seen plenty of times late in the That seems like it is pretty close to sance in the country, major pieces of evening when I talk loud and my face the end of my time, my 36 years. It will social legislation he has shepherded gets red. Some people say it is because soon actually be, literally, 36 years, and nurtured and loved. But in between you are yelling. I don’t know what it but for now, I will act as if it is and say many of these discussions I have been

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Mr. President, when Senator I just want to tell him, in these brief the problems related to the West be- DOMENICI greets and visits with you, he moments—and I am just going to speak cause New Mexico and Utah are neigh- always finishes that with ‘‘I love you, for 2 or 3 minutes—what an inspiration boring States. We touch at one tiny brother’’ or ‘‘I love you, sister.’’ he has been to me as a man who loves point. It is the only point in the United God bless you and your family. his wife and his children and his grand- States where four States come to- Mr. DOMENICI. Thank you. children so deeply and has managed to gether. It is called the Four Corners, Mr. WARNER. I yield the floor. The PRESIDING OFFICER. The Re- serve his State with such passion and where four States, in a straight divide, publican leader. grace and love for 36 years. And New come and touch each other. But New Mexico is not a next-door kind of place. Mexico and Utah share many of the f New Mexico is a long way from Wash- same problems, and as I have come to TRIBUTE TO SENATOR JOHN ington, DC, but it has never been long the Senate with the problems of the WARNER from the Senator’s heart. West and had to turn somewhere for a Mr. MCCONNELL. Mr. President, I The final thing I want to say is that, mentor to help guide me through those rise also today to pay my respects to on behalf of the people of my State, I problems, I have turned to Senator another retiring Member of the Senate, want the Senator from New Mexico to DOMENICI. His advice has always been the squire from Virginia, a longtime know we will be forever grateful for his good, his help has always been avail- colleague of the occupant of the chair, leadership when it came to passing, for able, and he has proven to be as good a and a truly remarkable man. us, something in the nature of the Dec- friend to his western neighbors as he It is not a stretch to say that if most laration of Independence. And I don’t has been to his New Mexican constitu- Americans were asked to conjure up in mean to belittle that document, but for ents. their minds the image of a U.S. Sen- the people of Louisiana, who for 60 If the Senate seniority rule holds in ator, the man they would see is the years have struggled to try to find place, I will succeed him as the ranking senior Senator from Virginia. To most some way to preserve this great coast member of the Energy and Water Sub- people, JOHN WARNER seems as though of ours and to save our communities, committee of the Committee on Appro- he were born to be a Member of this our culture, and our economic liveli- priations. These are very big shoes to body, and in a remarkable 30-year ca- hood, this Senator stepped up, this fill. In true DOMENICI style, instead of reer, he has proven they were right. He Senator from New Mexico—not much just waving goodbye and walking out has matched the image with the skill water there—and his heart was with the door, he has tucked me under his and, though it certainly never was, he the people of Louisiana and the gulf arm and taken me around to all of the made it look easy. coast. He and his wife flew over this national labs to make sure that these Virginians are very proud of their great expanse of land, which has been beloved institutions, which he has history. They are proud of their tradi- under water now for quite some time tended and funded and guided so care- tions. And JOHN WARNER has lived up with these storms in the last years, and fully, got introduced to me under his to the best of them. Like our Nation’s he basically took the lead on estab- tutelage and so that he made sure that first President and Virginia’s most fa- lishing for us something that had elud- I understood fully how important they mous son, he has always been a patriot ed us for 60 years—since President Tru- were. In very kind and subtle ways, he first. man was the President of the United made it clear to me that if I didn’t The son of a World War I field sur- States. Senator DOMENICI changed the stand up to the responsibility of keep- geon, JOHN first heard the call to serve fortunes of Louisiana, Mississippi, ing those national treasures alive, he while still in high school, dropping his Texas, and Alabama by putting in a would haunt me in one way or another. studies at age 17 and enlisting in the major piece of legislation that will es- Now, I hope he does. I hope he is avail- Navy in the closing months of World tablish a way for us to secure this able for years to come for advice and War II. The call to serve later led him coast. counsel. to interrupt law school in order to join So, Senator, I could speak for a long The other thing that has been re- the Marine Corps in the Korean war. time—many more hours—about what ferred to here, on which I have been de- After that, it led him to fulfill his you have done, but there are other lighted to join with him, is his crusade mother’s dream by becoming Secretary Members much more senior to me and for insurance equality for the mentally of the Navy; to take charge of Amer- in your own party who wish to speak. I disturbed. He and I both have some ex- ica’s bicentennial in 1976; and, for the just wanted to lay down for the record perience with that with members of last three decades, to serve America the comment to you—and I will submit our own families. We understand how and the people of the Old Dominion a more formal statement for the important that is, and it has been easy with distinction in the Senate. These RECORD—that the people of Louisiana to be a foot soldier in the ranks, with are the deeds that define JOHN WARNER. whom I represent will be forever grate- PETE DOMENICI leading the charge. They are the only things that can ex- ful for your leadership. There is a phrase that has been used plain a career that has been as signifi- I yield the floor. and vastly overused around these halls cant to the strength of our Nation—and The PRESIDING OFFICER. The Sen- in Washington for a long time, but it as beneficial to the people of his ator from Utah. applies accurately to PETE DOMENICI. State—as his. Mr. BENNETT. Mr. President, I am He truly has been a national treasure, JOHN always balanced the interests of sorry to see PETE DOMENICI leave the and we shall miss him but wish him his State and the Nation masterfully. Senate for a variety of reasons but one well. Virginians have honored him for it, highly personal: He is reducing by 25 The PRESIDING OFFICER (Mr. sending him back to the Senate four percent the number of Senators now LEVIN). The Senator from Virginia. times after that first election in 1978, serving who served with my father. Mr. WARNER. Mr. President, what a and he has repaid them time after Senator BYRD, Senator KENNEDY, Sen- privilege it has been for myself and time. ator INOUYE, Senator STEVENS, and many of my colleagues to sit here in Over the years, JOHN has earned a Senator BIDEN all served with my fa- the presence this afternoon to not hear reputation as one of the most knowl- ther, as did Senator DOMENICI. Now, he a goodbye to the Senate, because the edgeable, hardest working, respected has told me that my father was never Senate, Senator DOMENICI, will always Senators on Capitol Hill. He has distin- quite able to pronounce his name cor- look up to you. You will be the model guished himself among his colleagues

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on both sides of the aisle as a man of Senator WARNER has been unafraid, these final days that my dear friend, intelligence, deep humanity, and cour- at times, to part ways with his col- Senator DOMENICI and I will serve in age. The people of Virginia can be leagues when he disagreed with them— this institution, we will be a part of proud of his many years of service in but he has never lost their trust, their making a decision, a decision with re- the Senate. JOHN’s entire Senate career confidence, their respect, or their deep gard to the future of America and our speaks of his skills as a legislator and admiration. economy. It is a decision of a mag- his love of Virginia and country. In everything, he has been the con- nitude that I am not sure any other But any list of his legislative accom- summate Senator, and always a gen- Senate has made in its 218-year his- plishments would have to begin with tleman. And the Senate will never be tory, save perhaps during the Civil the work he has done on behalf of the the same without JOHN WARNER. War, a decision that this body will men and women in our military. He has On a more personal note, the entire make affecting every single Amer- vastly improved the quality of life for Senate family shared JOHN’s happiness ican—every single American. military men and women by fighting when he married Jeanne, not least of I just say in concluding, the Senate, for substantial increases in pay, includ- all because we all enjoy her company the country is fortunate to have you ing increases in separation, hardship so much. and others in the leadership role in this duty, and imminent danger pay. Elaine and I have valued their friend- institution today, on both sides of the He has played a central role in im- ship over the past several years. aisle, to guide us through to make that proving benefits for widows and sur- JOHN, I know, is a proud graduate of decision. That comes from my heart. vivors of fallen soldiers. Washington and Lee. Good luck, God bless you, bless the And many of us are not too young to The school’s motto—‘‘Not Unmindful leadership of the Senate and every recall JOHN leading the fight for the of the Future’’—is meant to impress on Member of this institution as we as- 1991 gulf war resolution. graduates a sense of responsibility to semble within the coming days, each of He played a major role in ensuring the future, rooted in the past. us in our seat, to cast this most impor- that America’s missile defense system In a long career of service to the cur- tant vote. was built, and deployed. rent and future good of his country, Mr. President, I yield the floor. On being named chairman of the JOHN WILLIAM WARNER has made that The PRESIDING OFFICER. The Sen- Armed Services Committee from 1999 motto his own. ator from Colorado. to 2001, and then for 5 more years from Virginia has produced some of Amer- f 2003 to 2007, he worked closely with ica’s greatest leaders. JOHN WILLIAM SENATOR PETE DOMENICI Democrats and Republicans to ensure WARNER is one of them. that the interests of American security His colleagues in the Senate are Mr. SALAZAR. Mr. President, if I and the interests of our servicemen and deeply grateful for his service, his may, to Senator DOMENICI, with whom women were met. friendship, and his many contributions I have worked on the Energy Com- As chairman of the Armed Services to this body and to the Nation. mittee since I came to the Senate, I Committee, Senator WARNER saw an (Applause, Senators rising.) want to give him my accolades and emerging threat from radical terrorists Mr. WARNER. Mr. President, I am also to wish him well in his days ahead. that many others overlooked. And he deeply humbled like my dear friend, When I arrived in the Senate some 31⁄2 acted on it by creating a new Emerging PETE DOMENICI. I don’t know if I am years ago, he was one of the people who Threats Subcommittee on terrorism, going to measure the courage to say welcomed me here. He welcomed me chemical and biological warfare and goodbye to the Senate, but that will here as the man from the land of en- cyberwarfare. wait until next week. chantment, la Tierra Encantada, as we He pushed and succeeded in approv- But I remember going back to a day say in Spanish in New Mexico. He did ing a major increase in the Nation’s when the Republican leader, then Bob so in large part because many of my submarine fleet. Dole, came to me. I adored him, as I do family members are from the State of He has guided the annual Defense au- to this day. He said to me: You need to New Mexico. My family helped found thorization act through Congress for do something for the Senate. the city of Santa Fe, the city of Holy years, using it in recent years to mod- I said: What is that? Faith, now over 400 years ago. ernize our armed forces and to meet He said: I want you to give up your During many times as I was growing current and emerging threats in Iraq seat on the Rules Committee because up as a young man, and later on in my and Afghanistan. the Senate has been joined by a young professional life, traveling in New Mex- He has been a firm supporter and a man who I believe can best serve the ico, I would hear about the great Sen- trusted friend to the brave men and Senate—because of the complexities of ator of New Mexico, the great PETE women bravely serving the cause of the rules of the Senate, because of the DOMENICI. Now, for the last 4 years it freedom in Afghanistan and Iraq. problems that face the Senate—if he has been a tremendous privilege and Closer to home, Senator WARNER se- were to serve on this committee. Sen- personal honor for me to be able to cured major Federal funding to rebuild ator Dole said: I will assure you if you serve with him. the Woodrow Wilson Bridge that con- wish to return you may do so without I want to make two comments about nects Alexandria to Maryland, easing loss of seniority or otherwise. him—first, in terms of the substance of the commute for millions and improv- So I said: Who is this man? the legislation that we have worked on ing the flow of commerce along the I– And he described him. together. We have passed three signifi- 95 corridor between Maryland, Vir- I said: Well, if that is for the best in- cant pieces of bipartisan energy legis- ginia, and the DC area. terests of the Senate, I will step down. lation with him—in 2005, the Energy He has worked hard to improve the I did, and you, MITCH McCONNELL, Policy Act of that year; again, we water quality and to restore wildlife in joined the Rules Committee. Not long passed another energy package in 2006; the Chesapeake Bay. He has designated after that, Dole again expressed his ap- and again in 2007. In the passage of thousands of acres of National Forest preciation to me, and he said: You those major pieces of legislation, it as wilderness, expanded Virginia’s Na- know, I predict that someday that man was Senator DOMENICI, working closely tional Wildlife Refuges and National will become the Republican leader of with his good friend, Senator BINGA- Parks, and secured funds to demolish the Senate. MAN, who said that we could agree on the Embrey Dam. I was a bit taken aback. I hadn’t been things for the future of this country on He led a 3-year campaign to preserve here that long, but that is quite a pre- this signature issue that is so impor- the Newport News shipbuilding ship- diction for someone to make. tant to our national security and to yard in Hampton Roads—a show of grit Well, it has come true. It is almost as our economic prosperity. He brought us and persistence that paid off with thou- if the hand of Providence has directed together to make sure that we would sands of jobs for southeastern Virginia. it because here, in these final hours, work on those things that we all

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00095 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22610 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 agreed upon. That is why we were able My good friend, the Senator from New served together on the Armed Services to pass those very important pieces of Mexico, steps down and departs the Committee. He will remain on. The legislation. I very much appreciate floor. But you will be a Member of this Senate will be in good hands with you what he has done in that committee. decisionmaking body through the next and our other colleagues to carry on Second, as he and I have talked many few days, which will be critical when and solve the problems for this great times over the last several years, there your vast experience will be brought to Nation and indeed much of the world. are issues that are unique to the West, bear on this decision, as it will. I yield the floor. the issues of public lands, where much Mr. DOMENICI. Senator, I tell you, I The PRESIDING OFFICER. The Sen- of our lands—for example, in my State said a little bit in my remarks a while ator from Colorado. of Colorado, 33 percent is owned by the ago about it. I get very excited and f Federal Government. It takes an un- anxious because it takes too long. But SENATOR JOHN WARNER derstanding of those realities, of issues that is the deliberative body. But we like payment in lieu of taxes, or how don’t have a long time to give the Sec- Mr. SALAZAR. Mr. President, I want we deal with the mining law in the retary of the Treasury the kind of au- to make a few comments about my West, or how we make sure that the thority he needs to fix a broken train. good friend, Senator JOHN WARNER water issues of the West are protected, We have had a wreck—lots of wrecks. from Virginia. When you first come to and how we recognize the compacts of All the freeways are clogged. We have this body, you get to know people. our States as being important. For all to take away the things that are clog- Soon I got to know him as a Senator’s those issues he has been a tremendous ging them. We could look at it as a Senator, because he was one of those leader and an inspiration. freeway with cracked-up cars, but ac- people who was always trying to bring I will miss him dearly as a friend. He tually the assets that are piled up people together and take on the major has been a dear friend. But I also will there are the toxic assets that have issues that confront our country. miss his leadership because on so many been accumulated by those banks. If I had the distinct honor of traveling issues he has worked across the aisle. I you don’t get them out of the way, the to Iraq and other countries with him appreciate his leadership as well in line continues growing because of the and with the distinguished Presiding what he has done for mental health broken-down cars, the toxic assets. The Officer. I admired the relationship be- parity for the United States of Amer- running cars can run no more. They are tween Senator LEVIN and Senator WAR- ica. stopped in place. They contain every- NER as a template for how things There will be not hundreds of thou- thing that has given us a decent life in should run in Washington, DC as we sands, not millions, but hundreds of America. represent the 325 million people of millions of Americans who will come We have to fix that. I am going to be America. There are two people from to benefit from his leadership on the here. Let’s hope our negotiators will two different parties who work to- mental health parity issue. Also, the put something together that the execu- gether to make sure that what we were building blocks he has laid for us to try tive branch tells us will work and that doing was the very best job that we to take the moon shot that will get us the world accepts it with confidence. could to protect America. energy independence. Those building When we come off this floor, when we So you are, both the Presiding Offi- blocks will remain in place for decades vote that in—whatever it is, Monday or cer as well as Senator WARNER, two of and for generations to come. whatever—we will join, you and I, with my most significant role models in this So I appreciate his leadership, and I great confidence that we have once Chamber. I admire you both for your appreciate his service. again done something important. service. The PRESIDING OFFICER. The Sen- Mr. WARNER. Mr. President, I was The Senator from Virginia was a ator from New Mexico. present today in our group of Senators. member of pulling together the Gang of Mr. DOMENICI. Mr. President, I When you spoke, you inspired them. 14. It was now some 2 years ago when want to thank my good friend, Senator We have got to rebuild the confidence we were debating whether there would SALAZAR, from the State of Colorado. I in America. That is what underlies this be a ‘‘nuclear option’’ and whether we don’t know what brought us together decision. I also wish to say a few words would move forward in saving some of on our Energy Committee. Maybe it about our dear friend from Colorado. I the procedures and the very func- was a little bit of common language— cannot altogether make these remarks tioning of the institution of the Sen- we both spoke a little Spanish to each without divulging I have a bias. I have ate. I remember working in awe with other, and it made us both understand visited that beautiful State many him as he and Senator BYRD and others and feel like we were friends. But we times. But my daughter makes her worked on that historic document at became that, we became friends rather home there, together with my grand- that time, and on so many other occa- quickly in his short 4 years. son, and the Senator from Colorado al- sions where he has been the person who I obviously remember your very first lowed my grandson to be an intern in has been the glue to bring people to- 6 months when we became friends and his office. He served as an intern brief- gether. So he is a Senator’s Senator, worked on many issues. I compliment ly in my office, both without pay to because he is such a proud American you on your constant effort to work in the taxpayers, I hasten to say, when I and such a wonderful leader for Vir- a bipartisan way on issues. It is tough make these remarks. ginia and for the Senate. around here. It is going to have to But he has been a great friend. We But he also is a wonderful Senator move in that direction or we are going have worked together on many things. because he has a very unique ability of to continue to have trouble getting He has dignity. But above all it is his bringing people together. I would hope things done. For that, I hope you will enthusiasm and love for this institu- that all of us, the 100 Members of this stand your ground and at least keep tion. There is not a day when he walks Chamber, always continue to look to trying. on this floor, either to say to other him for the kind of inspiration and I appreciate the kind words you said Senators or to say it quietly to him- great example he has been. in my behalf. Let’s hope we see each self: How fortunate I am to be a Sen- I yield the floor. other frequently, if not in your State, ator, to come here to represent the Mr. WARNER. I suggest the absence in New Mexico, the Land of Enchant- people of Colorado, to represent the of a quorum. ment. people, as each Senator does, of the The PRESIDING OFFICER. The Thank you very much, Senator. whole of the United States. clerk will call the roll. The PRESIDING OFFICER. The Sen- So as I step down, and others, we do The bill clerk proceeded to call the ator from Virginia is recognized. so with a sense of confidence, behind us roll. Mr. WARNER. Mr. President, these remain individuals like yourself and Ms. LANDRIEU. Mr. President, I ask are one of the periods of our lives in indeed the distinguished Presiding Offi- unanimous consent that the order for the Senate we shall always remember. cer who for 30 years, he and I have the quorum call be rescinded.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00096 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22611 The PRESIDING OFFICER. Without neighboring city; cities such as our Congress should not leave trying to objection, it is so ordered. capital city, which is now the largest bail out Wall Street and leave farmers Ms. LANDRIEU. I ask unanimous city in Louisiana because of the dam- holding soggy rice or sugarcane or rot- consent to speak for up to 15 minutes age done to New Orleans by Katrina. ten sweet potatoes or cotton in their as in morning business. But I also represent rural commu- hands that cannot be harvested. People The PRESIDING OFFICER. Without nities such as Delhi and Rayville, and are scratching their heads, asking me: objection, it is so ordered. Cheneyville, and Dry Prong, and other Does anybody know we are out here? f places in between that have suffered Does anybody care? tremendously, not just from the levee I was privileged to have Wallace HELP FOR RURAL AMERICA breaches but from the hurricanes and Ellender IV testify before our Agri- Ms. LANDRIEU. Mr. President, I in- the rain from Fay that hit Florida, but culture Committee this week. The in- tend to speak for these next few min- dumped inches of rain on our State, Ike teresting historical note is that his utes, and then perhaps at least once or and Gustav. grandfather was actually the chair of twice more as the day goes on. As you I have spent a good bit of the morn- the Agriculture Committee. We had the know, yesterday, because of my initial ing, and I wish to spend now, reading hearing in the same room that his insistence on a potential rollcall vote into the RECORD the real description of grandfather chaired, Senator Ellender that would require the Senate to come this disaster and continue to ask in from Louisiana, a great Senator and a back, we were able to at least secure public places such as this, on the floor man I knew as a child. He chaired the the introduction, at least the introduc- of the Senate, for the leaders to come Agriculture Committee. tion of a bipartisan bill cosponsored by together and do something before we I would like to read into the RECORD several leaders on the Republican side leave. a portion of this testimony because I in agriculture and several leaders on As I speak, the delegation from Lou- thought it was beautifully written and our side on agriculture. isiana on the House side is gaining sig- so appropriate for the time. Wallace We voted to extend our Government natures from the legislators in Mis- Ellender writes not only as a sugarcane operations until March. And attached sissippi, the Congressmen from Mis- farmer himself but as chairman of the to that continuing resolution were four sissippi, Texas, and Arkansas to join National Legislative Committee of the very important bills to this country— this effort, and agriculture commis- American Sugar Cane League. Homeland Security, Defense appropria- sioners around the State, around the He writes: tions, Homeland Security appropria- country, led by Mike Strain, our com- My brother and I are fifth-generation farm- tions, in which I had a hand, as all of missioner, interestingly enough, who is ers who grow sugarcane on two farms in the us did, in crafting. It has a disaster aid a Republican, I am a Democrat. This is Raceland and Bourg communities in south- package, very specific, not a stimulus, not a partisan issue, this is an issue of east Louisiana, including the land that my not a spending bill, but a disaster aid fairness and justice, to try to help get ancestors settled in 1853. As a child, I re- package of $22 billion that was passed. our farmers some help before we send a member my grandfather telling me a story The aid package is going to be a about a stubborn dog that he had when he $700 billion package or $350 billion was a kid on our farm. On one occasion, the great help for the States of Louisiana, package or $100 billion package, wheth- family loaded up everyone but the dog in a Mississippi, Texas, particularly, that er it is in one tranche or three tranches sailboat and sailed down the bayou to the were hit so hard by these last storms. or seven tranches, could there possibly Gulf. That dog trotted down the bayou be- That is Congress’s responsibility, not be a tranche for middle America, and hind the boat all the way down to the Gulf at to do it all, but to step up in times of particularly for our farmers and our Timballier Island. Other than fording a cou- disaster and help States and cities and rural communities? ple of small streams, he went all the way on counties through these major disasters. I wish to read a portion of a beau- foot. Today, that dog would have to swim 30 miles to reach Timballier Island. I am starting to feel as if I am an ex- tifully written statement that was de- pert on disasters, not something I want livered before my subcommittee earlier Where Timballier Island is, is wash- to be or that I am happy to be, because this week as we scrambled to get our ing away at an alarming rate. This is there is nothing happy about people information and our data together. It the coast of Louisiana. Timballier Is- losing their life savings, the only home is not as though we were dillydallying land would be right down in this sec- they have ever lived in, having to use or waiting to the last minute. tion. I wish to repeat: up all of their savings that they had for These storms, both Ike and Gustav, That dog trotted down the bayou behind their retirement or their grandchildren happened within the month. Ike hap- the boat all the way to Timballier island. or children’s college education, to try pened 2 weeks ago. The people of Gal- Other than fording a couple of small streams, he went all the way on foot. Today to keep their home together after ev- veston literally were allowed back in that dog would have to swim 30 miles to get erything they have ever known is gone. the city I think 3 days ago to basically to the island. I have, unfortunately, in my short look, cry, and leave. I have witnessed As I have said time and time again, if career here in the Senate, had to be this before as people came back to this Congress does not do more—and witness to too many of these kinds of look, cry, and leave, all throughout the this administration—to send urgent disasters in the State I represent. This coast of Mississippi and Louisiana. and direct help through revenue shar- Congress, particularly, I have to say, Well, my heart goes out to Galveston ing and some special disaster relief, the Democratic Congress, has been and to Houston. I committed to their there will not be any farms in south very generous to help the people of leaders and to all of them, I will do ev- Louisiana left. Louisiana and Mississippi. I have been erything I can in the time here to help He continues: joined at times by Republican leaders them. who have understood what we are In the midst of all this, focused on Gone are some of the barrier islands and most of the wetlands that served as a natural going through. levees and breakwaters and rising buffer from the worst of the storms that But a few hours ago we passed a bill tides, what the Congress has forgotten came in from the Gulf of Mexico. We are los- with some objections, and mine was is that rains accompany a lot of these ing coastal wetlands at a rate of 40 square one, that said there was a glaring omis- storms. The rains fell and fell and fell miles each year. Some experts predict that sion in all of these bills. It looks as and devastated parts of Louisiana, Mis- the shoreline will move inland over 30 miles though unless something is done in the sissippi, and Arkansas. Of course, ear- in the next 30 years. next few days this Congress may leave lier in the year, we had the great floods I hope this gives you some perspective of here with $700 billion for Wall Street in the Midwest. Of course, even earlier the breadth of the long-term problem our communities are facing when we look to the and zero for farmers. in the year, we had the great fires in south. I don’t have to tell anyone who owns I represent large cities such as New California. I am not here saying woe is a TV or computer about winds that demolish Orleans, my hometown, and large par- us, we are the only ones who ever have houses and flatten forests and fields, or ishes such as Jefferson Parish, in my disasters. What I am saying is, this floods that overwhelm levees and shove aside

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00097 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22612 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 homes, but the ominous power of the sea and longer in other meetings, trying to tenance, erosion control and precision tech- when it surges 20–30 miles inland is some- figure out a way to handle a disaster nologies to apply and reduce pesticides and thing to behold. What the sea leaves behind that was of our making. These farmers nutrient resources to help restore and im- when it retreats can be bad, but what it in Louisiana and Mississippi and Ar- prove water, air, soil, wildlife habitat. . . . leaves behind when it stays in the fields is He continues: worse. Once breached, levees that held back kansas and throughout the country had the tide will hold back the ebbing waters. We no hand in this. It was a natural dis- Plentiful fish, deer, turkey, neotropical tear holes in the levees when necessary to aster. Yet we have to put up $700 bil- birds, migratory waterfowl, turtles, alli- allow the sea to retreat, but sea surges of the lion for a bailout for Wall Street and gators, black bears, and increased sightings magnitude of Rita in 2005 and Ike in 2008 flow the financial markets, and we can’t of eagles and various cat family members in- habit the property. over the levees and push vast volumes of sea- seem to find $1 billion to help families. water to the lowest elevations in the fields. I will submit this letter for the Our farmers are getting so smart and When the tides turn, the storm-ravaged cane RECORD, but I will close with this so good, and they have so much respect fields become salt lakes. statement. I know some people listen- from me, trying to use so many tech- But sugarcane is a hearty plant and, with niques to not just produce the health- good weather and time, the cane can rebound ing to me might say: Senator and produce a decent crop. Harvesting it will LANDRIEU, every time we see you, you iest food and fiber in the Nation but to be more difficult,and costly, but we can still are asking for help. Every time we hear do it in an economical and environ- hope for a mild autumn and a good price to you, you are saying some other group mentally safe way. They were environ- help offset some of the additional costs we needs help. mentalists before the term was made will incur in harvesting a bent and broken I wish to read, on behalf of sugarcane cool in Washington. The farmers in crop. On the other hand, we may not have farmers, this sentence: America were the first environmental- much time to finish planting and harvesting For the record, Louisiana sugarcane grow- ists and always will be. They continue before winter frosts and freeze become a con- to apply techniques to minimize dam- cern. Further complicating the matter, sug- ers have received agricultural disaster as- arcane is a perennial crop and time will be sistance [just] twice in 200 years of produc- age. needed to determine whether fields holding tion. If the people on Wall Street took as surge water for extended periods will recover I wish to repeat that. We have re- much care in their business to mini- next year. ceived, for all the work that has been mize damage as farmers in America do He goes on to say: done, disaster assistance twice in 200 every day before 9 o’clock in the morn- According to Dr. Calvin Viator and his years. Can I say, as their Senator, I ing, we would not be here this week- team of agricultural consultants, the worst don’t think that is too much to ask end. For this Congress to leave without of the wind damage to sugarcane from Gus- once every hundred years. Some people doing anything is a gross violation of tav occurred in Terrebonne Parish, Assump- come to this floor and can’t wait until our responsibility. This is what the tion Parish, and parts of Lafourche, Ascen- the ink is dry on the tax bill before cotton crop looks like, not because sion, Iberville, West Baton Rouge and Point they come and ask for another loop- there was some ‘‘fancy dancy’’ paper Coupee Parishes. hole, another deduction. They can’t taken out and it just turned it bad. All these parishes are here, and this wait to take their taxes offshore so A hurricane came through and rains represents about 2 million people in the they don’t have to pay anything. Our fell and the farmers could not get it southern part of the State. farmers in Louisiana have gotten dis- out of the fields fast enough. He says: aster assistance twice in 200 years. I I see the leader. I thank the Senate, The northeastern corner of the eye of the am here asking for them a third time, at least some Members, for stepping up hurricane caused the worst stalk breakage, this morning—THAD COCHRAN and oth- but this damage occurred virtually every- and I don’t think that is too much. where in the cane belt. They have nowhere to go. They are lit- ers—to sign on to a bill that might pro- vide some relief to the farmers, not He writes: erally between the sea and disaster. That is the sugarcane farmers in south only in Louisiana but Texas and Mis- Hurricane Ike’s eye stayed to our south as it moved in on Texas, but this meant that Louisiana and in north Louisiana. sissippi, Alabama, and throughout. I the counter-clockwise winds drove the sea I wish to put up a picture of the cot- will continue to speak about this as surge deep into Louisiana’s cane belt in a ton crop and what it looks like because time allows and continue to push the manner eerily familiar to those of us who ex- it is up north. I wish to submit for the leaders on both sides to come up with perienced Hurricane Rita in 2005. RECORD part of the beautiful testimony something that we can do before we I wish to stop here and say it is hard written by Jay Hardwick. leave. to describe the magnitude of Hurri- I understand I have how much more Mr. REID. Don’t forget Arkansas. canes Katrina and Rita, the largest time? Ms. LANDRIEU. And Arkansas. natural disasters in the history of the The PRESIDING OFFICER. The Sen- Mr. President, I ask unanimous con- United States, flooding more than the ator’s time has expired. sent to print in the RECORD the testi- land of Great Britain, causing eco- Ms. LANDRIEU. I ask unanimous monies to which I referred. nomic damage, up to $150 to $200 billion consent for 3 more minutes. There being no objection, the mate- by estimates from conservatives to lib- The PRESIDING OFFICER. Without rial was ordered to be printed in the erals, estimates from some of the objection, it is so ordered. RECORD, as follows: Ms. LANDRIEU. This is beautiful greatest economic think tanks in the My name is Wallace Ellender IV, a Lou- country. But all of that aside, to have testimony by Jay Hardwick, who is isiana sugarcane farmer and Chairman of the that happen 3 years ago and then have vice chairman of the National Cotton National Legislative Committee of the other storms, Gustav and Ike, hit the Council. Jay is from Newellton, LA, a American Sugar Cane League. I appreciate same region again is more than I can small town up north. He is also direc- the opportunity to speak to you today about the effectiveness of agricultural disaster as- possibly describe. tor of the peanut board, past president of the cotton producers, a man who sistance. I speak as a farmer whose crop was He goes on to describe the destruc- twisted and flattened by Gustav, then tion that is occurring right now. This works hard and knows his business well. He farms 7,300 acres of cotton, swamped in seawater by Ike. A representa- is one of our most successful farmers. tive group of photos is attached to my writ- This farmer is a wealthy farmer. corn, grain, peanuts, soybean, and ten testimony. I took some of those photos Whether he and his family will be able wheat. He is diversified. myself, three days after Ike came through. to make it, I don’t know, but whether He says: Other photos came from the Franklin area you are a wealthy farmer or a middle- Our producing mission is to achieve a via- and the same scenes could be found all along income farmer or barely scraping by, ble and profitable farm enterprise while pro- Highway 90, the road you’ll see in one of the viding a balance between habitat and produc- aerial photos. Highway 90 is the east-west the Government has an obligation to tion resources with a minimum impact upon evacuation route and it runs approximately respond to disasters that are not of the farm ecosystem. Emphasis is placed on 10 miles north of the Coast. your making. Our leaders have been conservation crop production methods in- My brother and I are fifth-generation farm- meeting nonstop for 2 weeks, 3 weeks, cluding no-till, crop rotation, residue main- ers who grow sugarcane on two farms in the

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00098 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22613 Raceland and Bourg communities in south- three years and, after harvesting the third the whole farm (except that 85 percent of the east Louisiana, including the land that my crop, let that ground stay fallow for nearly a direct government payments that most pro- ancestors settled in 1853. As a child, I re- year before replanting. So I always have gram crop farmers receive are excluded from member my grandfather telling me a story roughly 25 percent of my fields lying fallow, this calculation) and multiplied by 60 per- about a stubborn dog that he had when he except for that brief time each year when we cent. was a kid on our farm. On one occasion, the start harvesting mature cane for the purpose If the goal is to provide a hand-up to farm- family loaded up everyone but the dog in a of planting the fallow ground. This generally ers when they most need it, before the nat- sailboat and sailed down the bayou to the occurs in August and September. But the ural disaster becomes a full-fledged eco- Gulf. That dog trotted down the bayou be- rainy weeks before Gustav came left us way nomic one, the SURE program’s linkage to hind the boat all the way down to the Gulf at behind in our planting, so there is less newly whole farm revenue is problematic. For sug- Timballier Island. Other than fording a cou- planted cane to be lost to the surge. This arcane farmers, this requirement would ple of small streams, he went all the way on may sound like good news, but the delay in mean that any SURE payment would come foot. Today, that dog would have to swim 30 planting increases our risk of not being able approximately a year after the disaster oc- miles to reach Timballier Island. to plant some of the fields before winter sets curs. Based on the experience of many of our Gone are some of the barrier islands and in. This delay also has the potential of push- farmers who were hit hard in 2005, the assist- most of the wetlands that served as a natural ing harvest deeper into the winter months, ance can arrive too late to save the farm, buffer from the worst of the storms that when a heavy frost or hard freeze can destroy even if it does ameliorate some of the debt came in from the Gulf of Mexico. We are los- whatever is left in the fields. load after the fact. As a farmer dealing with ing coastal wetlands at a rate of 40 square In order to increase our chances of getting another spike in input costs, the assistance miles each year. Some experts predict that new growth from the damaged cane we will is most helpful if it can be used to keep my the shoreline will move inland over 30 miles be planting over the next few weeks, we will employees working; my diesel tanks filled, in the next 30 years. use more acres of our mature cane as seed and my banker hoping for the best. I hope this gives you some perspective of for the fallow fields. In my case, this will Regrettably, we have been unable to find the breadth of the long-term problem our mean that I will use 260 acres of mature cane an accurate SURE calculator for sugarcane communities are facing when we look to the to plant 800 acres of fallow ground this year. to gain a better understanding of the actual south. I don’t have to tell anyone who owns Typically, I would use only 160 acres to plant assistance that might be available to cane a TV or computer about winds that demolish that same acreage. Income from one hundred farmers, but the poorly performing crop in- houses and flatten forests and fields, or acres of sugarcane that I would normally de- surance program it will be built upon would floods that overwhelm levees and shove aside liver to the processing facility will be lost. seem to reduce its effectiveness as a hurri- homes, but the ominous power of the sea You have asked for my experience with cane assistance program. when it surges 20–30 miles inland is some- thing to behold. What the sea leaves behind crop insurance as a disaster assistance tool. Congress has developed a disaster assist- when it retreats can be bad, but what it Our growers have traditionally had access to ance mechanism that works. In response to leaves behind when it stays in the fields is only one type of crop insurance policy, the the 2002 hurricanes, Congress developed a de- worse. Once breached, levees that held back Actual Production History (APH) program. livery mechanism for ad hoc assistance to the tide will hold back the ebbing waters. We The costs of APH buy-up coverage have been sugarcane growers in Louisiana that is tai- tear holes in the levees when necessary to prohibitively high, as USDA’s Risk Manage- lored to the types and levels of damage asso- allow the sea to retreat, but sea surges of the ment Agency acknowledged this past year ciated with hurricanes and cane fields.—The magnitude of Rita in 2005 and Ike in 2008 flow when it lowered the APH rates in response to mechanism, as improved in the Emergency over the levees and push vast volumes of sea- potential competition from a farmer-devel- Agricultural Disaster Assistance Act of 2006 water to the lowest elevations in the fields. oped Group Risk Program (GRP) policy. (2006 Act), targeted a portion of the overall When the tides turn, the storm-ravaged cane While the rates are lower, the buy-up cov- package to address losses and costs from fields become salt lakes. erage has not been seen as reducing our ac- planted cane that was lost to the hurricanes. But sugarcane is a hearty plant and, with tual risks by a sufficient amount to make Another portion of the package was des- good weather and time, the cane can rebound the added expense worthwhile for most of ignated to offset some of the increased plant- and produce a decent crop. Harvesting it will our farmers. ing costs and harvesting costs that we in- be more difficult and costly, but we can still Despite the destructive natural forces that curred. A final portion was allocated to ad- hope for a mild autumn and a good price to are sometimes unleashed against it, the sug- dress yield losses and other sector-wide help offset some of the additional costs we arcane plant is a hearty survivor and cata- losses. By apportioning the package in this will incur in harvesting a bent and broken strophic production losses, meaning losses of way, Congress was able to link the bulk of crop. On the other hand, we may not have greater than 50 percent, are rare. Since 1995, the assistance directly to the specific losses much time to finish planting and harvesting when Louisiana sugarcane participation in or costs of the hardest-hit producers, while before winter frosts and freeze become a con- crop insurance went from $2 million in liabil- reserving a portion to address the yield cern. Further complicating the matter, sug- ity to over $61 million, the cumulative loss losses that virtually every producer ab- arcane is a perennial crop and time will be ratio has been approximately .17. Since near- sorbed. In the current instance, given the un- needed to determine whether fields holding ly 90 percent of our policies are the basic cat- certainty about the eventual losses, the de- surge water for extended periods will recover astrophic coverage, which has been a pre- livery mechanism could be further refined to next year. requisite for disaster assistance eligibility in allow for quick release of some funds to ad- According to Dr. Calvin Viator and his the past, this loss ratio can conceal signifi- dress the plant-cane losses and the higher team of agricultural consultants, the worst cant losses to a farmer’s bottom-line. The planting and harvesting costs, while reserv- of the wind damage to sugarcane from Gus- GRP policy will be available in the coming ing funds to address the yield losses that be- tav occurred in Terrebonne Parish, Assump- year and we are hopeful that the GRP pro- come clear later in the year. tion Parish, and parts of Lafourche, Ascen- gram may be a more useful and affordable USDA’s Farm Service Agency (FSA) office sion, Iberville, West Baton Rouge and Point insurance policy for our growers in the fu- in Louisiana, along with FSA’s Economic Coupee parishes. The northeastern corner of ture. Initial modeling suggests that it would Policy Analysis division in Washington, DC, the eye of the hurricane caused the worst be a significantly better risk management have developed invaluable experience in op- stalk breakage, but this damage occurred product in hurricane years. erating this program and could, if provided virtually everywhere in the cane belt. The The new permanent disaster assistance sufficient resources, move expeditiously to cane varieties that tend to produce higher program included in the ’08 Farm Bill has implement such a program now. tonnage suffered more breakage than lower- not been implemented and regulations ex- In conclusion, Louisiana has been growing yielding varieties, and the brittleness of the plaining how the Department will administer sugarcane commercially for well over 200 higher-yielding varieties will make cutting the program are still under development. As years. Our forbearers harvested cane during the cane more problematic. I understand the Supplemental Revenue As- the worst days of the Civil War and the Hurricane Ike’s eye stayed to our south as sistance Payment Program, or SURE, it pro- Great Depression. They survived the great it moved in on Texas, but this meant that its vides payments to producers in disaster flood of 1927 and went back to fanning after counter-clockwise winds drove the sea surge counties based on the crop insurance pro- the waters receded, just as I and many of my deep into the Louisiana cane belt in a man- gram. The revenue guarantee is equal to 115 friends have done twice in this decade. For ner eerily familiar to those of us who experi- percent of (payment rate x payment acres x the record, Louisiana sugarcane growers enced Hurricane Rita in 2005. In some areas, payment yield). The payment rate is the have received agricultural disaster assist- the damage was even worse than Rita. From crop insurance price election level, the pay- ance twice over our more than 200 years of my farm in Bourg, across Terrebonne, St ment acres are the insured planted acres and production. The fact that both of those as- Mary’s, Iberia and Vermillion Parishes, lev- the payment yield is the crop insurance cov- sistance packages were made necessary by ees were topped and standing water remains. erage level selected by the farmer times the intense hurricanes in this decade is a direct As a general rule, we keep a field in pro- crop insurance yield. The sum of this equa- result of rampant coastal erosion. Unless we duction, using existing root systems, for tion is then subtracted by the revenues from Investment In energetic coastal restoration

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00099 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22614 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 efforts soon, my farm may be beachfront The industry and its suppliers, together be significantly less due to quality and grade property in a few short years before slipping with the cotton product manufacturers, ac- reductions. quietly beneath the waves. count for more than 230,000 jobs in the The impacts of Hurricanes Gustav and Ike United States [U.S. Census of Agriculture]. are being felt far beyond the farm gate. Agri- WALLACE R. ELLENDER III, BOURG, LA 70343 Annual cotton production is valued at more culture’s infrastructure suffered physical EXPERIENCE than $5.5 billion at the farm gate, the point damages due to the high winds and excessive at which the producer sells his crop [Eco- rainfall. The economic losses extend beyond Ellender Farms, Inc., 1993–Present, presi- nomic Services, NCC]. In addition to the cot- the physical damage as cotton gins, ware- dent and farmer, purchased family farm from ton fiber, cottonseed products are used for houses, and grain elevators rely on volume my father, and increased it to 3200 acres. livestock feed, and cottonseed oil is used for moving through their operations to cover Manage an annual budget of 2 million dol- food products ranging from margarine to their fixed costs and maintain their labor lars. Hope Farm, Inc., 1977–1993, farmer, farmed salad dressing. While cotton’s farm-gate force. Unfortunately, many of our gins and 1200 acres of sugar cane with my father and value is significant, a more meaningful warehouses will process significantly re- brothers. measure of cotton’s value to the U.S. econ- duced volume or no volume at all in 2008. American Sugar Cane League, 1977– omy is its overall economic impact. Taken With some of the worst damage in history Present, Chairman, National Legislative collectively, the annual economic activity farmers will look to crop insurance and the Committee, 2006–Present, lobby for the sugar generated by cotton and its products in the recently enacted permanent disaster pro- industry, in process of writing sugar portion U.S. is estimated to be in excess of $120 bil- gram for assistance. Unfortunately, for of the Farm Bill, secured 40 million dollar lion [Economic Services, NCC]. many cotton farmers, the prospect of mean- disaster assistance to Louisiana sugar indus- Mr. Chairman, I am Jay Hardwick from ingful financial assistance from these pro- try. Representative, Barataria Terrebonne Newellton, LA, and I currently serve as Vice grams is uncertain at best. While almost all National Estuary Program (BTNEP), 2001– Chairman of the National Cotton Council. I cotton acres in Louisiana are insured at Present, liaison for sugar industry to assure am also a Director on the National Peanut some level, more than half of the state’s healthy agricultural practices in the wet- Board, Vice Chairman of Cotton Inc., past acres (54 percent) are insured with only the lands. Vice-Chairman, National Legislative President of the Louisiana Cotton Producers Catastrophic (CAT) level of coverage. This Committee, 2004–2006, assisted with CAFTA Association, Vice President of the Louisiana level of coverage will provide minimal bene- opposition, testified before the US Senate Ag Cotton Warehouse Association, Vice Presi- fits and then only if the crop had cata- Committee on Farm Bill legislation. Dedi- dent of Newellton Gin Co., a Director of strophic losses. Some of the hardest hit par- cated Research Committee, 2003–2005, decided Farm and Livestock Credit, Inc., member of ishes like Catahoula and Concordia Parishes the Louisiana Black Bear Management Pro- with over 37,000 acres of cotton are only cov- on the distribution of approximately 1⁄2 mil- lion dollars to various sugar cane research gram, and a Director of the Tensas ered with CAT level policies. In addition, the programs. Strategic Planning & Re-organiza- Concordia Soil and Water Conservation Dis- producers who purchased buy-up crop insur- tion Committee, 2003–2005, reviewed and re- trict. Our family-operated farm includes ance did not purchase the highest levels of vamped the by-laws, implemented the re- 7,300 acres of cotton, corn, grain sorghum, coverage. Some may ask why so many pro- structuring of the League. Search Com- peanuts, soybeans, and wheat in Northeast ducers did not purchase higher levels of crop mittee 2004 & 2006, assisted in the search for Louisiana adjacent to the Mississippi River. insurance coverage. Historical experience a new General Manager, assisted in the Our production mission is to achieve a viable has shown that in most years the expected search for and hiring of a new lobbyist for and profitable farm enterprise while pro- benefits do not outweigh the costs of the the League. Nominating Committee, 2001– viding a balance between habitat and produc- higher coverage levels. Unfortunately, this 2002, made nominations for new League tion resources with a minimum impact upon year is not typical of most years. Board members. the farm ecosystem. Emphasis is placed on I applaud the effort and foresight of Mem- National Agriculture Technical Advisory conservation crop production methods in- bers of Congress for including a permanent committee (ATAC), 2005–Present, participate cluding no-till, crop rotation, residue main- disaster provision in the recently enacted in advising the USDA & the Administration tenance, erosion control and precision tech- farm bill. Unfortunately, I am concerned (USTR) on international trade policy regard- nologies to apply and reduce pesticides and that the program will not be able to meet in ing sugar. nutrient resources to help restore and im- a timely manner the needs of farmers who First South Farm Credit, 2003–Present, Re- prove water, air, soil, wildlife habitat and have suffered devastating losses this year. gional Director, assist in the review of the crop production economics. Plentiful fish, First, due to budget constraints, the perma- quarterly cooperative reports and make rec- deer, turkey, neotropical birds, migratory nent disaster program was developed with ommendations as needed. waterfowl, turtles, alligators, black bears, only a fraction of the funding compared to Vision Christian Center, 2005–Present, and increased sightings of eagles and various spending under previous ad hoc disaster pro- Men’s Leader, teach monthly Bible studies cat family members inhabit the property. grams. Second, as currently written, the dis- to men. Thank you for holding today’s hearing and aster program guarantee is based on the Bourg Recreation Center Board of Direc- thank you for allowing me to try to describe level of the farm’s crop insurance coverage. tors, 1990–2003, Chairman, 1994–1998, created the devastating effects of Hurricanes Gustav This will do little to help those acres with the annual fiscal budget, made financial and and Ike. Senator LANDRIEU, we sincerely ap- CAT coverage. And third, while USDA has staffing decisions for the Center. preciated you taking time to tour some of made excellent strides in implementing Bayou Land YMCA Board of Directors, the affected areas last weekend. many of the provisions of the new farm law, 1995–2001, President, 1998–2000, completed While my comments will focus on cotton, we have yet to see the details of the perma- phase I of the basketball court. it is important to point out that no crop was nent disaster provisions. It is also evident Agricultural Stabilization and Conserva- spared damage. During Gustav our family that the data required to administer the tion Service Committee, 1981–1990, approved farm received over 20 inches of rain and ru- whole-farm, revenue-based disaster program conservation program practices. ined or damaged essentially all of our crops. will not be available for some time. This Much of the Louisiana cotton crop was at an means any financial assistance, in the ab- EDUCATION extremely vulnerable stage of production. sence of an advance payment, can not be B.S. Agriculture Economics, Louisiana Many of the bolls were open on the plants as made available to farmers until the latter State University, Baton Rouge, LA, 1977. we are rapidly approaching harvest. Due to half of 2009. That is simply too late for those LSU Ag. Leadership Program, Louisiana the extreme amounts of wind and rain much that have suffered losses. State University, Baton Rouge, LA, 1996. of the cotton that is still attached to the As you know, today’s modern farming op- plants will not be harvestable due to rot or erations require expensive inputs and invest- TESTIMONY BY JAY HARDWICK, VICE CHAIRMAN if harvested the quality of both lint and cot- ment. Input and technology costs have esca- ON BEHALF OF THE NATIONAL COTTON COUN- tonseed will be significantly below normal. lated in 2008 with skyrocketing fuel and fer- CIL BEFORE THE UNITED STATES SENATE Extension specialists from Louisiana State tilizer prices. We are experiencing these The National Cotton Council is the central University estimate that revenue from the losses at the absolute worst time because we organization of the United States cotton in- 2008 cotton crop will be reduced by between incurred maximum costs of production as dustry. Its members include producers, gin- $125 and $137 million—a 52–57 percent decline the harvest approaches. We are now dealing ners, cottonseed handlers, merchants, co- in farm-gate value. Specialists also estimate both with the impact of the lost revenue for operatives, warehousemen, and textile man- that over 80,000 acres of cotton will not be this year’s crops and trying to finance next ufacturers. While a majority of the industry harvested. On the remaining acres, yield year’s crops. Without timely assistance, is concentrated in 17 cotton-producing states losses will be dramatic. In many parishes, many Louisiana growers will be unable to stretching from the Carolinas to California, crops that were expected to produce 3 bales settle this year’s outstanding debt or secure the downstream manufacturers of cotton ap- per acre are now projected to produce only 1 the necessary financing for next year’s crop. parel and home furnishings are located in bale per acre. In addition to the yield losses, In short, without timely assistance, some virtually every state. the revenue from the harvested cotton will farmers will find themselves in a financial

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00100 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22615 situation that will make it difficult to con- week, the Senate passed the bill by a flicts while remaining prepared for tinue farming. vote of 88–8. other contingencies, these are steps Louisiana is not the only state with losses Over the last week, we have worked that we simply must take. When our due to Hurricane Gustav. USDA data indi- around the clock to reconcile the Sen- men and women in uniform are in cate that approximately 470 thousand acres of cotton were planted in South Texas in ate and House versions of the Defense harm’s way, there is nothing more im- 2008. USDA’s preliminary estimates of har- authorization bill. The compromise portant. vested area imply approximately 400,000 will version of the bill—the House amend- The bill also includes a number of be harvested, leaving 70,000 acres abandoned. ment to S. 3001—has now been approved measures to ensure the proper steward- In southeast Arkansas, losses might run 25%, by the House by on overwhelming bi- ship of taxpayer dollars. according an initial estimate by the Exten- partisan vote of 392–39. It would also ensure that the Iraqis sion Service. Damage also is being reported The bill that we bring before the Sen- use their own oil revenues rather than in Mississippi, mainly in the south and cen- ate today contains many provisions U.S. tax dollars to pay for large infra- tral Delta counties where the heaviest rains that will improve the quality of life for structure projects and for the training fell and some fields flooded. our men and women in uniform, give and equipping of the Iraqi military. At The National Cotton Council recently the beginning of the Iraq war, then- joined with other agricultural organizations them the tools that they need to de- in a letter to USDA’s Risk Management fend our nation, and provide critical re- Deputy Secretary of Defense Wolfowitz Agency requesting expedited appraisals for forms to improve the operations of the testified that Iraq would be able to ‘‘fi- crop insurance policy holders. This would Pentagon. nance its own reconstruction’’ through help speed payments for those covered by First and foremost, the bill would oil revenues. That has not proven to be crop insurance. However, more needs to be provide critical support to our men and true. To date, the U.S. taxpayers have done. I encourage Congress to develop a plan women in uniform. For example, it paid approximately $48 billion for sta- that will deliver financial assistance to pro- bilization and reconstruction activities ducers in a timely manner. Enhanced crop would increase military pay by 3.9 per- cent—a half a percent more than the in Iraq. While the Iraqi government has insurance coverage, timely ad hoc disaster generated more than $100 billion in oil relief, supplemental payments delivered in President requested; provide continued the same manner as direct payments, and en- authority for the payment of enlist- revenues since the war began, it has hancements to the provisions of the perma- ment and reenlistment bonuses, acces- spent only a small fraction of that nent disaster programs should all be consid- sion and retention bonuses for service amount on its own reconstruction. The ered in order to expedite assistance that is members with critical skills or as- Iraqi government now has $80 billion at commensurate with the losses that have signed to high-priority units, and other its disposal to fund large scale recon- been incurred. In addition, additional fund- special bonuses and incentives needed struction projects. Under these cir- ing for existing conservation program can be cumstances, it is inexcusable for U.S. used as a means of providing assistance for to reward our troops and ensure that we can recruit and retain the people taxpayers to continue to foot the bill restoration of damaged fields. Finally, I urge for projects that Iraqis are fully capa- the Committee to consider providing some that we need in our military; authorize form of financial assistance to gins, ware- funds for military family housing and ble of funding themselves. Other provisions of the bill would houses and other key components of our in- military construction projects needed help improve the management of the frastructure who will experience significant to ensure that our troops have the Department of Defense and protect tax- financial losses due to sharply reduced vol- housing that they deserve and our mili- umes. payer dollars. For example, the bill Mr. Chairman, the economic losses caused tary has the facilities it needs for the would institute improved cost controls by the hurricanes are dramatic and severe, national defense; and protect members for the acquisition of major weapon and immediate assistance is needed. Many of the military, family members and systems; require program managers to farmers simply do not have the financial re- retirees from any increase in TRICARE incorporate energy efficiency require- sources to wait until 2009 for assistance. fees, premiums, deductibles and Thank you for your consideration of our ments into the performance param- copays. eters for such systems; establish new views and recommendations and for giving The bill would increase the end me the opportunity to present testimony. ethics standards to prevent personal strength of the Army, the Marine conflicts of interest by contractor em- The PRESIDING OFFICER. The ma- Corps, and the Army National Guard, jority leader is recognized. ployees who perform acquisition func- to help reduce the incredible stress on tions on behalf of the Department of f our troops. It would also establish and Defense; and establish a new database NATIONAL DEFENSE AUTHORIZA- extend critical authorities needed by of information regarding contractor in- TION ACT FOR FISCAL YEAR 2009 the Department of Defense in our cur- tegrity, ensuring that this information rent operations. For example, the bill Mr. REID. Mr. President, I ask the is available to acquisition officials would provide DOD the authority to Chair to lay before the Senate a mes- making key contracting decisions. use funds for quick-turnaround con- sage from the House with respect to S. I am disappointed that procedural ob- struction projects needed to support 3001, the Department of Defense au- stacles in the Senate precluded us from our troops in Iraq and Afghanistan; ex- thorization bill. considering a package of more than a tend DOD’s authority to provide ‘‘train The Presiding Officer laid before the hundred amendments, which would and equip’’ funds and ‘‘stabilization Senate the following message from the have taken further steps to support our and security assistance’’ so essential to House of Representatives: troops and improve the management of the well-being of our troops; provide S. 3001 the Department of Defense. Where it $1.5 billion for the Commanders’ Emer- was possible within the scope of the Resolved, That the bill from the Senate (S. gency Response Program, CERP, which House and Senate bills, we tried to in- 3001) entitled ‘‘An Act to authorize appro- commanders on the ground in Iraq and priations for fiscal year 2009 for military ac- clude eleme nts of these amendments. tivities of the Department of Defense, for Afghanistan consider the highest pri- Unfortunately, many of these impor- military construction, and for defense activi- ority for protecting U.S. forces; and tant amendments were beyond the ties of the Department of Energy, to pre- provide funding for critical initiatives, scope of the two bills and will have to scribe military personnel strengths for such including $2.2 billion for the Joint Im- be deferred until next year. fiscal year, and for other purposes’’, do pass provised Explosive Device Defeat Orga- I am also disappointed that we were with an amendment. nization’s, JIEDDO’s, ongoing efforts unable to adopt provisions addressing Mr. LEVIN. Mr. President, I urge my to defeat the threat of improvised ex- the administration’s excessive reliance colleagues to support the House plosive device, IEDs. on contractors to perform functions amendment to S. 3001, the National De- At a time when thousands of our sol- that should be performed by the uni- fense Authorization Act for Fiscal Year diers, sailors, airmen, and marines are formed military or by civilian federal 2009. This bill was voted out of the Sen- deployed around the world and our all- employees. For example, both the Sen- ate Armed Services Committee by a volunteer military is straining to meet ate bill and the House bill included pro- unanimous vote back in April. Last the requirements of two ongoing con- visions that would have precluded the

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00101 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22616 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 use of contractor employees to perform fighting force in the world. Most im- The Secretary of Defense wants to end inherently governmental functions in portant of all, we need to enact this production of C–17 aircraft for the U.S. an area of combat operations, or to bill to send an important message that Air Force. These aircraft are neither conduct interrogations of detainees. we, as a nation, stand behind them and requested nor required by the Depart- Unfortunately, these provisions drew a appreciate their service. ment of Defense. In the fiscal year 2008 veto threat, so we had to limit our- At a time when our men and women Defense supplemental appropriations, selves to a Sense of Congress express- in uniform are sacrificing so much for the Congress added another 15 C–17 air- ing our views on the issue. our country every day, it is surely not craft that also were not requested nor When this bill was under consider- asking too much for our colleagues to required by DOD. Congress has ear- ation in the Senate, we spent a great agree to enact this bill so we can pro- marked 31 C–17s above the mount that deal of time and effort discussing how vide our troops the support that they is necessary in various Pentagon re- best to provide public visibility for our need and deserve. I urge my colleagues quirements studies over the last 2 funding decisions, including earmarks to support the House amendment to S. years. C–17 aircraft cost more than $300 of funds authorized in the bill. Histori- 3001—the National Defense Authoriza- million per plane. With this bill, the cally, our funding tables have been in- tion Act for Fiscal Year 2009. total number of C–17s procured will rise cluded in report language, rather than ∑ Mr. MCCAIN. Mr. President, I rise to to 211 total aircraft. This is a thinly in bill language. In Executive Order offer my sincere congratulations to veiled effort to keep the C–17 produc- 13457, the President stated his view Chairman LEVIN, Senator WARNER, the tion line open using taxpayer’s dollars that such funding decisions should be members of our committee, and our to fund what is essentially a more than ‘‘included in the text of the bills voted House colleagues for their work on the $2.1 billion corporate earmark for the upon by the Congress and presented to fiscal year 2009 National Defense Au- Boeing Corporation. The Defense bill provides $140 million the President.’’ thorization Act. With provisions that Unfortunately, the Government authorize a considerable pay raise for in advance procurement for additional F–22s. The Air Force and contractors Printing Office informed us that incor- all military personnel, increase Army say that prohibiting spending in this porating our funding tables into bill and Marine end-strength, improve the bill would cause second tier suppliers language would have added three full system that serves wounded veterans, to shut down and make it more expen- days to the time required to prepare a and help prevent waste, fraud, and sive to restart the line if the next ad- bill for floor consideration in the Sen- abuse in defense contracting and pro- ministration wants to continue produc- ate and the House—even if GPO did not curement, this bill contains many im- tion, even though the Secretary of De- have other high priority work to ac- portant provisions that will help sup- fense’s position is that 183 F–22s is the complish at the same time. This delay port our national defense and, in par- full military requirement. Advanced would have been in addition to the day ticular, our servicemen and women. procurement funding for additional F– and a half it would have required for However, this bill also contains other 22 aircraft is neither requested nor re- the committee staff to prepare the provisions that are very problematic. quired. This earmark is being pursued funding tables in a form that could be Before explaining my concerns with by Lockheed Martin and its supporters. processed by GPO, and to ensure the this bill, let me take a moment to ex- The Defense bill includes funding of accuracy of GPO’s work. press my sincere gratitude to Senator $88 million for a VIP aircraft to fly Air With only a few days left for the WARNER for his many years of service Force general officers. Scott AFB has House and the Senate to consider the to this Nation, not the least of which served as headquarters for numerous bill before the end of this year’s session are 30 well-spent years in the Senate Air Force commands. Today, two 4-star of Congress, we determined that plac- where he has been a consistent and Air Force generals from the Air Mobil- ing the funding tables into bill lan- steadfast champion of our men and ity Command and the U.S. Transpor- guage was not an option that was women in uniform. Senator WARNER tation Command call Scott AFB, home. available to us. Instead, we have incor- has been instrumental in providing Just as senior leadership in-transit porated the tables into the bill by ref- needed oversight of the Department of comfort capsules, SLICCs, created a erence—an action that has the same Defense, and in ensuring that our sol- stir several months ago when it was legal effect. To ensure public visibility diers are well trained, well equipped, learned from Air Force documents that of all of the funding decisions in the ta- and that they and their families are Air Force Generals were trying to use bles, the tables have been posted on the well provided for. I am particularly GWOT money to purchase ‘‘first class’’ websites of both the Senate Armed grateful for his contributions during seats and beds in ‘‘flying pods’’ so that Services Committee and the House this Congress when he so frequently generals could travel in luxury when Armed Services Committee. This is in stepped in on my behalf. Let me be they fly overseas, it is egregious to addition to the posting on these clear that my concerns with this year’s think that while the military—mostly websites of separate transparency ta- bill reflect in no way on Senator WAR- privates, sergeants, and petty officers— bles which—as required by the Rules of NER outstanding efforts: He deserves is engaged in the global war on ter- the Senate and the House of Represent- much credit for the many exemplary rorism in Iraq and Afghanistan, we atives—provide information about each provisions contained in this bill. would be spending scarce defense dol- funding item requested by a Senator or Nonetheless, in this year’s bill, and lars on VIP aircraft for generals. a Member of Congress. the accompanying report, there are $5 The Defense bill continues to fund As of today, almost 200,000 U.S. sol- billion in earmarks. Of that total the Presidential helicopter program for diers, sailors, airmen, and marines are amount, $2.1 billion arises from a sin- next year at $1.1 billion. The VH–71A deployed far from home, in Iraq, Af- gle provision that authorizes the pro- program is intended to provide the re- ghanistan, Kuwait and other theaters curement of six C–17 Globemaster air- placement helicopter for the transpor- of operations around the world. After craft that the Defense Department tation of the President and Vice Presi- more than 6 years of war, our military, states we neither need nor can afford. dent. The current program which particularly our ground forces, are se- In my view, the massive pork spending would build 23 aircraft has had exces- verely stressed. Too many of our troops in this bill renders it a frontal assault sive delays and cost overruns of more are worn out, their families are tired of on this body’s purported commitment than 70 percent. This level is well in ex- repeated deployments, and our equip- to ethics and earmark reform and, in cess of the percentages—in fact five ment is being used up. my view, results in a failure in our ob- times as much—that would trigger a We need to enact this bill to improve ligation to the taxpayer. breach of the Nunn-McCurdy limits for the quality of life of our men and Among the most egregious items in major acquisition programs. Several women in uniform. We need to enact this bill are: program managers have been dismissed this bill to give them the tools that The Defense bill provides more than or reassigned in an effort to restruc- they need to remain the most effective $2.1 billion for 6 C–17 cargo aircraft. ture this ailing program. This program

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00102 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22617 should be cancelled. In the meantime tion Act for Fiscal Year 2009, today by tation of traumatic extremity injuries the $1.1 billion to continue next year’s unanimous consent. This bill follows and amputations as well as a center of development of the Presidential heli- through on the commitment that this excellence in the prevention, diagnosis, copter should be halted and the money Congress has made to our troops and mitigation, treatment, and rehabilita- withheld until the Navy and the con- their families to provide them with the tion of hearing loss. In addition, this tractor demonstrate more trans- support that they need and deserve. bill includes a provision derived from parency and accountability on this This includes a 3.9-percent across-the- legislation that I introduced to extend failing program. board pay raise for all uniformed per- senior-level oversight of cooperative ef- The Defense bill includes a provision sonnel—a half a percent more than the forts between the Departments of De- directing the Secretary of the Navy to President’s request—and a prohibition fense and Veterans Affairs. The Senior sell the ‘‘yard floating drydock’’, on increasing TRICARE beneficiary Oversight Committee, SOC, was formed AFDL–23, to Gulf Copper Ship Repair cost shares and pharmacy copays. It in the wake of last year’s Walter Reed in Aransas Pass, TX. This provision also includes a number of provisions scandal, to improve the efforts of DOD would authorize the Secretary of the designed to improve the readiness of and VA in managing the transition Navy to sell the drydock; however, the our troops. For example, the bill fully from military service to veteran status provision restricts the Secretary from funds Army and Marine Corps readi- for wounded servicemembers. The Sen- recouping the full costs, approximately ness and depot maintenance programs ior Oversight Committee’s responsibil- $120–$190 million, because the Sec- which will help ensure that the men ities are not complete as long as retary is directed to consider the and women in our armed services have wounded warriors are still returning amounts paid by, or due and owing the equipment necessary for them to from Iraq and Afghanistan, therefore, I from, the lessee—Gulf Copper Ship Re- fulfill their mission requirements. It was pleased to be able to include this pair. This would essentially allow the also adds $15 million for the readiness language for the SOC to be able to con- rent paid by Gulf Copper Ship Repair and environmental protection initia- tinue its important function. to be deducted from the total price of tive to fund priority projects that ben- Once again, I would like to thank the drydock. efit critical mission training sites and Chairman LEVIN for his strong leader- The Navy does not support this provi- directs the Secretary of Defense to con- ship and dedication to ensuring that sion. The Navy is in the process of de- duct a comprehensive technical and this bill was passed. I also want to take termining whether the dock is excess operational risk assessment for DOD this last opportunity to extend my to future Navy needs and, if so, wheth- installations, facilities, and activities. warmest aloha to my friend and col- er it would be required by other U.S. As the chairman of the Armed Serv- league Senator WARNER who managed Government agencies or activities ices Committee’s Subcommittee on this bill on the minority side. In my when the current lease to Gulf Copper Readiness and Management Support, I many years of serving with Senator expires. Subsequent to a determination was pleased to work toward the inclu- WARNER on the Armed Services Com- that there are no additional U.S. Gov- sion of a number of critically impor- mittee, I have never failed to be im- ernment needs, the vessel would be tant management and acquisition pol- pressed by his character, graciousness, struck from the Naval Vessel Register icy provisions which were included in and collegiality. Mahalo Nui Loa for and designated for disposal. This provi- this bill. These include a provision to your friendship and for all that you sion is an end-run of the normal proc- establish steering boards to review new have done for our nation and the mem- ess for disposal or sale of government requirements that could increase the bers of our armed services in par- equipment and is not in the best inter- costs of major weapons systems, lan- ticular. est of the taxpayer. guage requiring business trans- Mr. REID. Mr. President, I ask unan- The Defense bill includes a provision formation offices for each military de- imous consent that the Senate concur which is highly objectionable and is partment and a provision requiring the in the House amendment to the Senate strongly opposed by the administration DOD to establish ethics standards to bill, and that the motion to reconsider which purports to incorporate by ref- prevent personal conflicts of interest be laid upon the table. Mr. WARNER. Mr. President, I am erence into the bill most of the ear- by contractor employees who perform very pleased to say there is no objec- marks included in the accompanying acquisition functions on behalf of the tion on this side. report—totaling more than $5 billion. DOD. I applaud the inclusion of lan- The PRESIDING OFFICER. Without The provision is meant to thwart guage that expresses the view of Con- objection, it is so ordered. President Bush’s Executive Order 13457 gress that private security contractors The Senator from Virginia. ‘‘Protecting American Taxpayers from should not perform inherently govern- Mr. WARNER. Mr. President, I am Government Spending on Wasteful Ear- mental functions in an area of combat overjoyed this has been done. marks.’’ operations and that contractor employ- Mr. REID. Mr. President, I have said I had advocated a better approach of ees should not conduct interrogations on many occasions—and I say it putting all the spending tables into the of detainees during the aftermath of again—this bill is a great piece of actual bill language. By hiding/shield- hostilities. However, I am disappointed work. ing the tables in the report, the tax- that due to a large extent to the Ad- Has the bill passed? payer does not have full transparency ministration’s objections and the abso- The PRESIDING OFFICER. The re- of Congress’ actions in adding cor- lute need to pass this bill in an expedi- quest was agreed to. The bill has porate and Member earmarks which tious manner, we were not able to in- passed. are not requested or needed by the corporate this sense of the Congress Mr. REID. OK. Now, I said it before, military services. into provisions that have the force of and I will say it again: I so admire and Again, while there is much in this law. respect the two managers of this bill year’s Defense authorization bill that As chairman of the Veteran’s Affairs who have worked together on this bill is very worthwhile and helpful to pro- Committee, I was very pleased to have for 30 years. There was a time this year viding for the national defense, the worked toward the inclusion of a num- when we thought this would be the provisions contained within it that ber of provisions related to the treat- first year in those 30 years that my move in the wrong direction are too ment of wounded warriors. This in- friends have worked on this bill that it numerous, too large, and too costly for cludes a clarification of the require- would not pass. And it did. It is done. this Member to ignore.∑ ment that DOD utilize the VA criteria It is a great day for America. It is a Mr. AKAKA. Mr. President, as a sen- in establishing eligibility of retirement great day for our troops. As I have said ior member of the Senate Armed Serv- and disability. It also requires the Sec- to my two friends, I appreciate so ices Committee, I was pleased the Sen- retaries of Defense and the VA to joint- much being able to work with you. It is ate passed the House Amendment to S. ly establish a center of excellence in a great honor for me that the two dis- 3001, the National Defense Authoriza- the mitigation, treatment and rehabili- tinguished senior Senators, whom I

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00103 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22618 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 have so much respect and admiration Again, I commend the distinguished It was one of the darkest hours of the for, would allow me to, being a part of chairman, the Senator from Michigan, United States. Roosevelt was then the Senate, come and offer this consent my friend of these 30 years. President. Truman was Vice President. agreement. I am going to talk on Mon- The PRESIDING OFFICER (Ms. It was the winter of 1945. I, similar to day about my friend from Virginia who Landrieu. The Senator from Michigan. so many young men at that time—and is leaving. So I will save those words Mr. LEVIN. Madam President, first, those women who joined the military for him. He already knows the knowl- let me thank the Presiding Officer. also—signed up and volunteered. We edge I have of our friendship. This is a bittersweet moment for me. wanted to be a part of this. The war The PRESIDING OFFICER. The Sen- This will be the last time the Senator had gone unexpectedly the wrong way ator from Virginia. from Virginia and I will be standing in Europe for a while when Hitler Mr. WARNER. Mr. President, I thank here and celebrating the passage of a trapped our divisions and Allied divi- the distinguished leader. I say to him, Defense authorization bill. We stood sions in the Battle of the Bulge. Iwo as you referred to: Two Senators who together in support of these bills and Jima was underway. Okinawa, a ter- worked on this, coincidentally, it is the the men and women of our Armed rific battle, was on the horizon. Presiding Officer, the Senator from Forces for 30 years. In this particular America was all together, and we Michigan, Mr. LEVIN, who is in the case—there have been previous exam- were determined to establish our free- chair to whom you were referring. We ples of this, but this is perhaps the dom in the world. But I remember my both thank you, and we thank Senator most dramatic one—we would not be first night—I had been on a steam train MCCONNELL and all Members of the standing here with a bill in hand now for about 2 days, working its way up to Senate for their support in passing this going to the White House but for the the Great Lakes Naval Training Sta- key piece of legislation. courage of the Senator from Virginia. tion. It would stop at the station, and Sometimes people are concerned that I will not go into all the details as to 17-, 18-year-old guys would get on the this institution does not quite work in how that came about, but it is because train, and they would be in those old a manner in which is easily comprehen- of his commitment to the men and cars, cold, shivering, with no food that sible. But this is an effort that has women in uniform that we have a bill. I can remember to speak of. We arrived been one that you and I and all the We would not have a bill this year ex- at the Great Lakes at about 4 o’clock members of our committee and the dis- cept that he took the steps which he in the morning. We all were herded off tinguished staff whom we have on the was determined to take as a Senator of the train into a great big gymnasium. committee have worked on throughout this Nation—not just of Virginia—to A fellow, a chief petty officer—he was this year. support the men and women in uni- as big around as he was tall; I remem- I say to the Presiding Officer, you are form. ber a very big fellow—got up, and he the chairman. I am now the senior So on behalf of 25 committee mem- had a bullhorn, and shouted at us. I re- serving Republican on it, the former bers, 45 committee staff members, 2.3 member the words—here it was 65 chairman, having served with you. Sen- million Active Duty and Reserve mem- years ago, 66 years ago—as if it were ator MCCAIN is the ranking member. bers of the military and their families, this minute. He said: All you guys who By reason of necessity, he is absent; I offer a heartfelt thanks for them for can’t read and write, raise your hand. otherwise, he would be standing here a job always well done by the Senator Well, I had been in a wonderful home. today in terms of the bill. from Virginia. My father provided well as a medical This bill is not about us, though. It is I will have more to say about the doctor, with the best of schools, even about the men and women of the Senator from Virginia also next week. though I left school to join the Navy. I Armed Forces and their families and But for the time being, let me say this: did not know people who did not know their loved ones and their friends. The In the future, when we cannot seem to how to read and write. Some of the Constitution provides very explicitly find our way out of the difficult situa- other guys’ hands were raised, and the that the President is the Commander tions that a bill of this magnitude and fellow said, through the bullhorn: All in Chief of the Armed Forces. To the complexity get us into, people will say: right, you smart guys, fill out the legislative branch—the Congress of the Well, what would JOHN WARNER have forms for the others. So I and others United States—is entrusted the care done? That will be the question we will went over to help those people fill out and welfare and safety and, indeed, pro- ask. When we ask that question, the their forms—put their X on it. The tection of the men and women of the right answers will follow. I thank my next day, we were in the training Armed Forces. dear friend. camps side by side, all training. Now, I commend the distinguished The PRESIDING OFFICER. The Sen- Those men went on to different tasks Presiding Officer, the chairman of the ator from Virginia. in the military but important tasks. Armed Services Committee, Senator Mr. WARNER. Madam President, I There were many jobs in our military CARL LEVIN of Michigan, with whom I thank my dear friend. If I could take a that did not require an education, but have worked these 30 years, side by moment. I wish to join the Senator in they were as important a part of the side, on this committee. This is a good thanking our respective leaders, Sen- force as those of us, I guess, who felt bill. There were times when I think we ator REID, Senator MCCONNELL and the we were a little smarter. could have made it stronger. But given members of the committee and the But why do I tell that story? I later the rules of the Senate, which I re- staff, once again, and indeed the mem- served in the Marines. So I look back spect, as does the Presiding Officer, bers of the leadership staff and the over these 60 years. I have spent a and all other Senators, we were not floor staff who made possible this bill. great deal of my life associated with able to quite achieve those goals. But But I wish to tell a short personal the men and women of the Armed that is the nature of the Senate. The story since this is my last bill. Forces. My Active service is of no great minority has a very respected and pow- I just walked through Senator REID’s consequence. erful voice in this Senate, and it is office. He asked me to come in and But the thing I have always remem- right and just that it be heard. visit with him privately a minute. As I bered is that you and I, as a team, I say So despite the fact this bill may not passed by, I looked up on the wall, and to the Senator—all these years we have have all the features and important there was a portrait of Harry Truman. been working here, we have been work- provisions I and the Senator from I had the privilege of serving in the ing to improve and make possible that Michigan and other members of our Navy in World War II—the closing year the current generation of young men committee and other Senators might of World War II—as a young 17-year- going into the uniform, and women, have had incorporated in this bill, it is old, 18-year-old sailor, and never have the same advantages my genera- still a very fine bill. It adequately— dreaming I would ever be a Senator— tion had: The GI bill—working with most adequately—cares for the men that was the furthest thing from my Senator WEBB recently to get that and women of the Armed Forces. mind—a 17-year-old, 18-year-old sailor. through.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00104 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22619 I always feel I am a Senator today guaranteed loans to institutions in the NEW ORLEANS REGION HOSPITAL because of all the military men and event of catastrophic natural or man- DISASTER FUNDING women whom I have served with, who made disasters. Ms. LANDRIEU. Mr. President, I rise have trained me, who have disciplined The colleges and universities in Lou- to highlight the continued and critical me, who have inspired me. They per- isiana, particularly those in the New need for post-Katrina health care re- formed the same duty I did that cold Orleans area, remain in many ways fi- covery funding for those hospitals that night in 1945. They have helped me fill nancially crippled by Hurricane have struggled to this day to provide out the forms. I have learned from Katrina. Three years after Katrina and critical medical services in the New Or- them, have had the wisdom to work Rita devastated Louisiana and Mis- leans region. The Congress has been ex- with you and others to put together sissippi these institutions still have tremely helpful to the State of Lou- these legislative measures for their nearly $700 million in unrecovered isiana in providing funding support for benefit. losses. The estimates for Gustav and many Katrina and Rita recovery pur- So I close my last words thanking all poses. However, minimal assistance has Ike are still not finalized but at this those in uniform who have so gener- been provided to enable the greater stage the damage is purported to be at ously given to me their wisdom, their New Orleans area hospitals to maintain least $46 million to state colleges and friendship, their inspiration, and their adequate and required health care op- universities alone. courage to do what little I have been erations. The affected hospitals, spe- able to do as a Senator to help me fill Before Katrina, the 11 colleges and cifically East Jefferson General Hos- out the forms and put my X on this my universities in the New Orleans area pital, Ochsner Health System, Touro last bill. educated 70,000 students. Today that Infirmary, Tulane Medical Center, Uni- The PRESIDING OFFICER. The Sen- number is only 50,000 but it continues versity Hospital, and West Jefferson ator from Michigan. to slowly rebound. This growth comes Medical Center, provided over 90 per- Mr. LEVIN. Well, Madam President, despite the fact that our institutions of cent of all regional hospital-based the men and women of this Nation higher education experienced more health care, and are expected to do so would be grateful to JOHN WARNER if than $1 billion in physical damages and for at least the next five years. It is vi- they knew him, had that honor of operational losses due to the 2005 hurri- tally important that this health care knowing him. They have been benefited canes and have recovered less than half base be maintained in order to preserve by him even though they will never of those losses. Higher education insti- other recovery efforts throughout the know him. Maybe as a 17-year-old sail- tutions are the largest employers in region. or back in 1945, the last thing in his New Orleans both before and after Louisiana hospital executives have mind was that he would ever be a Sen- Katrina. The higher education industry testified before Congress concerning ator. There is something about this Na- in New Orleans continues to attract the post-Katrina health care funding tion that makes it possible for men and millions of research dollars and sup- crisis caused by escalating expenses that significantly outpaced revenues, women—in this case a man such as ports industries as diverse as bio- with no immediate stabilization ex- JOHN WARNER—to rise to the very top technology, aerospace and medicine. pected; post-Katrina labor expenses of the respect of his country men and The work of each institution in the that increased by $140 million; non- women. It has been a true pleasure and city can be seen in every aspect of the labor expenses—i.e. utilities, insur- honor to serve with him. region’s recovery, from the redesign of ance, interest, bad debts—that in- I, again, will have more to say about the city’s troubled public schools to creased by $300 million; and fewer that next week. But I, again, wish to coastal restoration and hurricane pro- skilled healthcare professionals. The thank the Presiding Officer. tection to the provision of health care regional hospitals are experiencing re- I yield the floor. across the region. They engage in this duced bond ratings—with defaults Mr. WARNER. I suggest the absence important work even as they continue looming—increased marketing and re- of a quorum. to struggle with mounting revenue cruiting expenses, and even a loss of The PRESIDING OFFICER. The losses, buildings that remain in dis- leadership. The Department of Health clerk will call the roll. repair due to flooding and the loss of and Human Services Inspector Gen- The assistant legislative clerk pro- key faculty and staff. eral—OIG—and the General Accounting ceeded to call the roll. I call today on the Secretary of Edu- Office, through extensive and vol- Ms. LANDRIEU. Mr. President, I ask cation to make the Education Disaster untary audits, have objectively vali- unanimous consent that the order for Loan program a top regulatory pri- dated the magnitude of these post- the quorum call be rescinded. ority. It is my understanding that Katrina financial losses and the dem- The PRESIDING OFFICER (Mr. some Department of Education offi- onstrated need for New Orleans re- LEVIN). Without objection, it is so or- cials have said that they will not pro- gional hospital disaster assistance. dered. mulgate regulations on any newly cre- To stabilize critical health care serv- (The remarks of Ms. LANDRIEU per- ate programs in the Higher Education ices in the region, the New Orleans taining to the introduction of S. 3647 Act until funds are appropriated. This area hospitals require a federal funding are printed in today’s RECORD under simply is not acceptable. This issue has ‘‘bridge’’ as they transition to a firmer ‘‘Statements on Introduced Bills and become a major roadblock in the cur- economic base through adjusted wage Joint Resolutions.’’) rent disaster funding process, and it is indexes and other revenue streams. The f my hope that the Secretary and the hospitals are at a critical tipping point HIGHER EDUCATION DISASTER Department will move expeditiously to in financial losses, and each is deter- mining the steps necessary to remain AND EMERGENCY RELIEF LOAN establish regulations so that the pro- medically and fiscally sound. Without PROGRAM gram may provide crucial assistance to the colleges and universities impacted funding support, the potential reduc- Ms. LANDRIEU. Mr. President, this tion in health care services will impact by Hurricanes Katrina, Rita, Gustav, past August the President signed into the fragile recovery of the entire New Ike and the Midwest Floods. law the Higher Education Opportunity Orleans region. Act, which reauthorized programs for This is a program I was proud to au- In the pending appropriations bill postsecondary and higher education. thor, design, shepherd through the last now before this body, Social Service Contained within the reauthorization Congress to help all the colleges and Block Grant funding is provided to par- is the Education Disaster and Emer- universities that have been so hard hit, tially address health care and other gency Relief Loan Program. The bill and a portion of the community devel- needs resulting from Katrina, Rita and established a loan program within the opment block grant loans that we have other hurricanes and natural disasters. U.S. Department of Education to pro- provided could possibly go to help our I intend to work closely with the Presi- vide critically needed low interest universities. dent, the Secretary of Department of

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00105 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22620 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 Health and Human Services, and other It is expensive to evacuate. I know have substantially reduced the amount Federal officials to ensure that suffi- people don’t understand, those who that the patent holder would ulti- cient block grant funding is provided have never had to go through it, but it mately recover for infringement. The to the New Orleans regional hospitals costs hundreds of dollars to fill your changes proposed by S. 1145 went so far to ensure the stability of health care tank with gas, if you have a car; it that under that bill’s regime, it may services in the Katrina-affected re- costs hundreds of dollars to stay at a have proved cheaper in many cases to gions. hotel, even if it is just for a day or two; infringe a patent and suffer the attenu- Again, I was instrumental in crafting it costs hundreds of dollars to drive ated and reduced consequences of doing this program to help hospitals that, down the road to pick up your elderly so, rather than to pay a license to the with the electricity off and the city un- aunt or your grandmother, who lives in holder of the patent. Once such a line derwater, stayed open by the sheer another parish, to get her to evacuate. is crossed, the incentive to invest in re- guts of their doctors and nurses. I can I can’t tell you the expense that people search and development and the com- still see them in my mind, struggling incur. mercialization of new technology in to keep those hospitals open with the I don’t think the Federal Govern- this country would be greatly reduced. city completely underwater and a par- ment should pick up 100 percent of the Such a change would do enormous ish underwater. This is for Orleans and expense of mandatory evacuations, but harm to the U.S. economy in the me- Jefferson. They still have not been re- I do think, for some period in some par- dium-to-long term. Reputable econo- imbursed for the work that they did ishes, particularly those that have mists estimate that historically, be- during Katrina. been very hard hit, that the Govern- tween 35 and 40 percent of U.S. produc- For some reason, we can’t get this ment, the Federal Government, if they tivity growth has been the result of in- Congress to understand the importance can do it for some of the counties in novation. My bill makes substantial changes to of what those hospitals did during this Texas, most certainly should consider those sections of S. 1145 that address great time of need. So I wish to send the parishes in Louisiana. So I am damages, post grant review, venue and this in for the RECORD. going to submit that as my last plea f interlocutory appeals, applicant qual- for the RECORD. ity submissions, and inequitable con- I know it has been a long day, but I DISASTER DECLARATION duct. This bill will not be considered in feel as if we got some things accom- Ms. LANDRIEU. Mr. President, fi- this Congress. I nevertheless thought plished. I don’t know what the schedule nally, I wish to urge this administra- that it would be useful to propose al- will be as the leaders decide on how we tion to provide a 100-percent disaster ternative approaches to these issues declaration for at least these parishes. bring this particular Congress to a now, to allow Senators and interested Our Governor has asked for 100 percent close, but I have to say the work of the parties the time to consider these al- for all the parishes—and I am going to recovery is still going on. It will go on ternatives as we prepare for the patent put up that chart in a minute—but the for many years. My heart goes out to reform debate in the next Congress. I Governor believes the entire State de- my neighbors from Texas who are just hope that my colleagues will work with serves to have a 100-percent reimburse- now discovering with awe and shock, me in a bipartisan and deliberative ment because Gustav went through our shock and awe, what a hurricane can manner to construct a bill that will be whole State, and then Ike came up a mean. They haven’t had one in 50 considered in the next Congress. With few weeks later and flooded and did a years, such as the one in Galveston, those thoughts in mind, allow me to tremendous amount of wind damage. and they had one last week. So I know describe the significant changes that We are not designated as a 100-per- what they are experiencing because we this bill makes to S. 1145. cent cost share yet, which means the have been through that. I will stand I believe that S. 1145 goes too far in Federal Government would step in and ready to work with them in my com- restricting a patent owner’s right to pick up 100 percent of some of these mittee, as chair of the Subcommittee recover reasonable royalty damages. parishes that are on their last leg. on Disaster, when we return. Whether On the other hand, I also believe that They have been through four storms in it is floods in the Midwest or hurri- there is room for improvement in cur- the last couple years. Unfortunately, canes in the gulf, we will continue to, rent law. Some unsound practices have and I am not sure why, but several first, try to protect ourselves by better crept into U.S. patent damages litiga- counties in Texas have been granted levees and flood control; and then have tion. My staff and I spent several the first 0 to 14 days at 100 percent. Yet a better system of aid and help that is months at the end of last year and the our parishes, which were hit equally as reliable and dependable for these peo- beginning of this year discussing the hard, have not yet received that des- ple—for our people, our constituents, current state of patent damages litiga- ignation. and our citizens in need. tion with a number of seasoned practi- So I am asking, on their behalf and f tioners and even some professional with the full support of our Governor, damages experts. I sought out people PATENT REFORM our Lieutenant Governor, and others with deep experience in the field who who are leading our effort in the recov- Mr. KYL. Mr. President, I rise today had not been retained to lobby on pend- ery, if the administration would please to comment on S. 3600, the Patent Re- ing legislation. consider at least giving equal treat- form Act of 2008. This bill is based on, A substantial number of the experts ment—100 percent, 0 to 14—for the par- but makes a number of changes to, S. with whom I spoke said that there is ishes that were as hard hit as the Texas 1145, a patent reform bill that was re- nothing wrong with current damages counties were in this aerial. ported out of the Judiciary Committee litigation and that Congress should not But do not forget, as I close, that in 2007 but that was never considered change the law. Others, however, iden- when Hurricane Gustav was in the gulf, by the full Senate. tified a number of unsound practices our Governor called for a mandatory S. 1145 proposed several salutary and that they believe have led to inflated evacuation, and 2 million people, the uncontroversial reforms to the patent damages awards in a significant num- largest evacuation in the country’s his- system, but also included provisions ber of cases. Different attorneys and tory, left their homes to move tempo- that would rewrite the formula for experts repeatedly identified the same rarily, for a couple days, and then awarding damages in patent cases and valuation methods and criteria as came back. The damage was very bad. that would create new administrative being unsound, subject to manipula- It wasn’t catastrophic such as Katrina, proceedings for challenging patents. tion, and leading to damages awards but it was as bad as Hurricane Rita. These and other provisions of that bill that are far out of proportion to an in- But when they came home, the Federal would have made it much more expen- vention’s economic contribution to the Government said: Well, thank you for sive to hold and defend a patent, would infringing product. Examples of prob- evacuating, but there is virtually no have extended the time for recovering lematic methodologies that were iden- help for you or your counties. damages for infringement, and would tified to me include the so-called rule

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00106 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22621 of thumb, under which an infringed would simply add that, if Congress patented invention is small, net sales patent is presumptively entitled to 40 were to desire that patents be defined price can still serve as the denominator percent or some other standard portion more specifically and narrowly, then it of an appropriate royalty if the numer- of all of the profits on a product, the would need to provide express guidance ator is made small. use of the average license paid for pat- as to how to do so. Simply using adjec- Thus in these industries, the initials, ents in an industry as a starting point tival phrases such as ‘‘specific con- NSP, appear frequently and repeatedly for calculating the value of a par- tribution’’ or ‘‘inventive features’’ will in licensing contracts. A legal rule that ticular patent, and a formula attrib- not suffice. These terms merely express precluded use of net sales price as the uted to IBM whereby every high-tech- a hope or objective. But legislation damages base would effectively prevent nology patent is entitled to 1 percent needs to be about means, not ends, par- participants in these industries from of the revenues on a product. A number ticularly if it is intended to achieve its making the same royalty calculations of experts also criticized the use of results by altering the practices and in litigation that they would make in comparables, whereby the value of a outcomes of litigation. I should also an arm’s length transaction. Such an patent is calculated by reference to the add that although I have consulted outcome would be deeply disruptive to license paid for a supposedly com- with many neutral experts in the field the valuation of patents in these fields. parable patent. of patent damages, and many of those Evidence and techniques whose use is The views of those experts who were experts described to me what they be- endorsed by the market via their reg- critical of current damages law find lieved to be serious problems with pat- ular use in voluntary negotiations are some support in the macro evidence. ent damages litigation, none of those likely to offer the best means of val- Data collected by experts told me that insufficiently spe- uing a patent in litigation. After all, PricewaterhouseCoopers and FTI Con- cific claim construction is causing ex- what is an object in commerce worth, sulting indicate that the majority of cessive damages awards. If overly other than what the market is willing the largest patent-damages awards and broad claim constructions were a to pay? We simply cannot enact a law settlements of all time have been en- major source of problems with damages that bars patentees from using in liti- tered only since 2002. Also, the infla- litigation, I undoubtedly would have gation the same damages calculation tion adjusted value of awards entered come across at least one neutral expert methods that they routinely employ in since 2000 is more than 50 percent high- who expressed that view. arm’s length licensing negotiations. er than it was during the early 1990s. Discussions that I have had with sev- The bill that I have introduced today And it also appears that jury awards eral proponents of S. 1145 indicated uses what I call an enhanced gate- tend to be about ten times higher than that they understand the principal evil keeper to address problems with dam- the average damages award entered by of current damages litigation to be the ages awards. The bill strengthens judi- a judge, and that results vary mark- award of damages as a percentage or cial review of expert witness testi- edly by jurisdiction. These facts sug- portion of the full price of the infring- mony, provides greater guidance to ju- gest that the problems that sometimes ing product. It also appears that some ries, and allows for sequencing of the lead to inflated damages awards are to proponents of S. 1145 believe that a damages and validity/infringement some extent systemic. statutory instruction to define the in- phases of a trial. The bill also codifies The task of reforming substantive vention more narrowly and clearly the principle that all relevant factors damages standards presents a very dif- would prevent parties from seeking can be considered when assessing rea- ficult legislative question. Damages damages based on the entire value of sonable royalty damages, while adopt- calculation is an inherently fact-inten- the infringing product. The linkage be- ing guidelines and rules that favor the sive inquiry and requires legal flexi- tween claim construction and the dam- use of an economic analysis of the bility so that the best evidence of a ages base is not clear to me. Even a value of an invention over rough or patent’s value may always be consid- concededly limited invention could be subjective methodologies such as the ered. Any proposed changes to the law fairly valued by using the full prod- rule of thumb, industry averages, or must be evaluated in light of the kalei- uct’s price as the damages base, so long the use of comparables. Allow me to doscope of factual scenarios presented as the rate applied to that base was ap- provide a subsection-by-subsection by the calculation of damages for dif- propriately small. summary of the bill’s revisions to sec- ferent types of patents. Many unjustified and excessive tion 284, the basic patent damages stat- I have largely given up on the idea of awards certainly do use the full value ute. developing a unified field theory of of the infringing product as the dam- Subsection (a) of the bill’s proposed damages law that solves all problems ages base. Indeed, awards that are de- section 284 copies and recodifies all of at once. I also oppose proposals to re- rived from the rule of thumb almost al- current section 284, including its au- quire a prior-art subtraction in every ways are based on the entire value of thorization of treble damages and its case. Most measures of a reasonable the infringing product, as is the typical admonition that compensatory dam- royalty, such as established royalties, industry averages award. Precluding or ages shall ‘‘in no event be less than a costs of design-arounds, comparisons to sharply limiting the use of net sales reasonable royalty for the use made of noninfringing alternatives, or cost sav- price as a damages base certainly the invention.’’ ings produced by use of the patented would block the path to many of the Subsection (b) codifies current Fed- invention, already effectively deduct bad outcomes that are produced by the eral circuit precedent defining a rea- the value of prior art out of their esti- use of these methodologies. sonable royalty as the amount that the mate of the patented invention’s value. The problem with a rule that bars infringer and patent owner would have To mandate prior-art subtraction when the use of net sales price as the dam- agreed to in a hypothetical negotiation using such measures would be to dou- ages base when calculating a reason- at the time infringement began. It ble count that deduction, effectively able royalty is that in many industrial tracks the language of the Rite-Hite subtracting the prior art twice and sectors, net sales price is routinely case, 56 F.3d 1538 (Fed. Cir. 1995), and undervaluing the invention. used as the damages base in voluntary follow-on decisions. Some supporters of And for reasons mostly explained in licensing negotiations. It is favored as S. 1145 are critical of the hypothetical my minority views to the committee a damages base because it is an objec- negotiation construct and believe that report for S. 1145, S. Rep. 110–259 at tive and readily verifiable datum. The it leads to bad results. Not only is this pages 64–65, I also disagree with the ar- parties to a licensing negotiation do test established law, however, but it is gument that defendants should be al- not even argue about its use. Instead, also inherent in the concept of a ‘‘rea- lowed to revisit validity questions, they fight over the rate that will be ap- sonable royalty.’’ That standard re- such as a patent’s novelty or non- plied to that base. Even if the net sales quires the trier of fact to determine obviousness, during the damages phase price of the product is very large and what would have been—i.e., what the of litigation. To those comments I the economic contribution made by the parties would have agreed to. As long

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00107 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22622 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 as the patent code requires a ‘‘reason- section (d)’s scope is the so-called IBM minus business risk, marketing, and able royalty,’’ courts and juries will 1-percent-up-to-5 formula. This for- other contributions made by the in- need to engage in a hypothetical in- mula apparently was used by IBM in fringer. quiry as to how the invention reason- the past to license its own portfolio of Some have advocated a lower stand- ably would have been valued at the patents. Under this methodology, each ard than ‘‘primary reason’’ for allowing time of infringement. Indeed, it is not patent receives 1 percent of the reve- use of profit splits and other standard- apparent by what other means the nues on a product until a 5 percent ized measures—for example, using a factfinder might approach the calcula- ceiling is reached, at which point the ‘‘substantial basis’’ standard. I rejected tion of a reasonable royalty. And in whole portfolio of patents is made the use of a lower standard because a any event, the source of occasional bad available to the licensee. profit split should basically award to results in damages trials is not the I have heard more than one rep- the patent owner all of the profits on mental framework used for approach- resentative of a high-technology com- the product minus those attributable ing the question of a reasonable roy- pany describe the use of this formula in to business risk. Thus the test for al- alty, but rather the particular evidence litigation against his company. Appar- lowing such profit splits must be one and methods used to value some inven- ently, there exists a stable of plaintiff- that only one patent will meet per tions. It would be a noteworthy omis- side damages expert witnesses who will product, since the bulk of the profits sion to avoid mention of the hypo- testify that this formula is appropriate can only be awarded once. If the test thetical negotiation concept in a bill for and is customarily used to cal- were ‘‘substantial basis,’’ for example, that regulates damages analysis to the culate the value of any patent in the multiple patents could meet the stand- degree that this one does. This sub- computer or information-technologies ard and multiple patent owners could section thus codifies the Federal cir- sectors. These experts start at 1 per- demand all of the profits minus busi- cuit’s jurisprudence on the hypo- cent and then adjust that number ness risk on the product. thetical negotiation. based on the other Georgia-Pacific fac- Paragraph (2) of subsection (d) makes Subsection (c) simply makes clear tors, supposedly to account for the par- established royalties an express excep- that, despite subsection (d), (e), and ticular aspects of the patent in suit, tion to the bar on standardized meas- (f)’s codification and modification of though these adjustments almost al- ures. In earlier drafts, I did not include several of the Georgia-Pacific factors, ways seem to push the number higher. this exception in the bill because I the rest of the Georgia-Pacific fac- Obviously, 1 percent of revenues or thought it obvious that an established tors—as well as any other appropriate even profits is a grossly inflated value royalty is based on the benefits and ad- factor—may be used as appropriate to for many high-technology patents. It is vantages of the use of the invention calculate the amount of a reasonable not uncommon for high-technology and is thus outside the scope of the royalty. products to be covered by thousands of subsection (d) rule. Some parties who Subsection (d) is probably the most different patents, which are of greatly reviewed those earlier drafts, however, important subsection in the bill’s re- differing value. Not every one of those found the bill ambiguous on this point, vised section 284. It bars the use of in- patents can be worth 1 percent of reve- and in any event the lack of an excep- dustry averages, rule-of-thumb profit nues. Some patents inevitably will be tion would have forced parties to liti- splits, and other standardized measures for features that are trivial, that are gate the question whether an estab- to value a patent except under par- irrelevant to consumers, or that could lished royalty was, in fact, based on ticular circumstances. Standardized be reproduced by unpatented, off-the- the benefits and advantages of the use measures are defined as those methods shelf noninfringing substitutes. One of the patent. Since established royal- that, like rule of thumb and industry percent of the sales revenue from, for ties are widely considered to be the averages, do not gauge the particular example, a laptop computer is an enor- gold standard for valuing a patent, we benefits and advantages of the use of a mous sum of money. Many patents are should avoid making it harder to use patent. Instead, they are relatively worth nothing near that, and any this method. It is thus expressly placed crude, cookie-cutter measures that methodology that starts at that num- outside the scope of subsection (d)’s re- purport to value all patents—or at ber is likely to produce a grossly in- strictions by paragraph (2). least all patents in a class—in the same flated result in a large number of cases. Paragraph (3) of subsection (d) allows way, without regard to a particular It bears also mentioning some of industry averages to continue to be patent’s economic value. These back- those common methodologies that used to confirm that results produced of-the envelope methods are occasion- clearly are not standardized measures. by other, independently allowable ally used in arm’s-length, voluntary li- In addition to established royalties, methods fall within a reasonable range. censing negotiations, as are things which are afforded an express exemp- The paragraph speaks of ‘‘independ- such as gut instinct and intuition. But tion from this subsection by paragraph ently’’ allowable methods in order to they are rough methods that can (2), there are the methods of calcu- make clear that an industry average produce wildly inaccurate results. Sub- lating the costs of designing around a cannot be used to confirm an estimate section (d) disfavors their use. patent, drawing comparisons to the ex- produced solely by reference to a This subsection restricts the use of perience of noninfringing alternatives, ‘‘comparable’’ patent. Subsection (e) Georgia-Pacific factor 12, which largely or calculating the costs savings pro- requires that comparables only be used describes the rule of thumb. Subsection duced by use of the invention. All of in conjunction with or to confirm other (d)’s general rule cites the rule of these factors gauge the benefits and ad- methods, and thus under this bill thumb and industry averages as impor- vantages of the use of the invention comparables are not a method whose tant and illustrative examples of and therefore are outside the scope of use is allowed ‘‘independently’’ of other standardized measures. But it also ex- subsection (d). methods. pressly applies to other methods that Paragraph (1) of subsection (d) allows A brief explanation is in order as to are ‘‘not based on the particular bene- parties to use a standardized measure, why this bill regards industry averages fits and advantages’’ of an invention, such as a rule-of-thumb profit split, if as a potentially unreliable metric and to ensure that variations on these ex- that party can show that the patented restricts their use. An industry average amples and other methods that consist invention is the primary reason why often will reflect a broad range of li- of the same evil also are brought with- consumers buy the infringing product. censing rates within a technological in the scope of subsection (d)’s main If the patented invention is the pri- sector. Even a licensed patent whose rule. mary reason why people buy the prod- value is included in the calculation of An example of a standardized meas- uct, then the patent effectively is the such a range may fall at a far end of ure other than profit splits and indus- reason for the commercial success of that range, producing highly inac- try averages that is also currently in the product, and its owner is entitled curate results if that average is used as use and that also falls within sub- to a substantial share of the profits, a starting point for calculating the

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00108 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22623 value of that patent. Moreover, many purely procedural reforms. The most tinely produce inaccurate and unjust existing patents, though valid and in- likely mechanism for excluding these results, it is appropriate that we fringed by a product, disclose trivial methodologies would be rule 702. But amend the law to directly restrict the inventions that add little to the value the use of some of these methods for use of those methodologies. of the product. But the types of patents valuing patents is endorsed by multiple Subsection (e) restricts and regulates that typically are licensed—and that experts. These methods, while ulti- the use of licenses paid for supposedly therefore would be a source of avail- mately unsound, represent a signifi- comparable patents as a means of cal- able data for calculating an industry cant minority view that is backed by culating the value of the patent in suit. average—are the ones that are substan- some published commentary, albeit The use of comparables is authorized tial and valuable. Trivial patents don’t sometimes only commentary in jour- by Georgia-Pacific factor two and can get licensed, and their value does not nals that are exclusively written by, generate probative evidence of a pat- enter into industry average calcula- subscribed to, and read by plaintiff-side ent’s value. Nevertheless, such use is tions. Thus particularly in the case of damages expert witnesses. In such cir- regulated and restricted by this sub- a minor patent that has never been and cumstances, it is no sure thing that a section. Comparables are a valuation likely never would be licensed, an in- party will be able to exclude under method that is often abused, both to dustry average would provide an in- Daubert the testimony of an expert overvalue and to undervalue patents. flated estimate of the patent’s value. employing these methodologies. These When an infringer is sued for infringing This is because the industry average is metrics are sufficiently entrenched an important patent, he often will cite not the average licensing rate of all that the only way to ensure that the as evidence of a reasonable royalty the patents in a field, but merely the aver- courts will disallow them when their license paid for a patent that is in the age of those that have been licensed use is not appropriate is for Congress same field but that is much less valu- and for which data is publicly avail- to tell the courts to disallow them. able than the patent in suit. Similarly, able. As to the second point, it is true that a plaintiff patent owner asserting a Paragraph (4) of subsection (d) cre- it is the lawyer’s duty to identify the trivial patent may cite as ‘‘com- ates a safety valve that allows parties flaws in the other side’s arguments and parable’’ other patents in the same to use standardized measures if no to debunk unsound theories. But the field that are much more valuable than other method is reasonably available reality is that because of the limited the plaintiff’s patent. The fact that an- to calculate a reasonable royalty, and expertise and experience of many ju- other patent is licensed in the same in- the standardized method is otherwise rors and the limited time allowed to dustry should not alone be enough to shown to be appropriate for the patent. argue a case at trial, often the trier of allow its use as a comparable in litiga- Over the course of drafting this bill, I fact will not divine the truth of the tion. have consulted with a number of ex- matter. And some unsound damages Comparability is a subjective test. perts with broad experience in patent methodologies are particularly likely By definition, every patent is unique damages calculation. Only a few be- to be appealing to those untutored in and no two patents are truly com- lieved that they had ever seen a case the field. An industry average analysis, parable. Subsection (e) thus requires where use of a standardized measure for example, employs the one statis- that comparables be used only in con- was necessary—that is, where a more tical concept that is understood by vir- junction with or to confirm the results precise economic analysis was not fea- tually everyone, and this method’s use of other evidence, and that they only sible. I thus anticipate that this safety may amount to no more than a simple be drawn from the same or an analo- valve may almost never need to be back-of-the-envelope calculation that gous technological field. I chose the used, but I nevertheless include it in requires only one expert to give you latter term rather than ‘‘same indus- the bill, because it is impossible to say the industry average licensing rate and try’’ because the term ‘‘industry’’ is with certainty that no situation will another to calculate the gross revenues too broad. Parties might define ‘‘indus- ever arise in the future where parties on the product. When a complex eco- try’’ so expansively that every patent will be unable to calculate a reasonable nomic analysis that focuses on non- in the universe would fall into one of royalty without use of the rule of infringing alternatives to the patented only two or three ‘‘industries.’’ thumb or other standardized measures. invention or the costs of a design- Paragraph (2) of subsection (e) sets Suffice to say that if one party to a around is forced to compete for the out guideposts for determining whether suit presents appropriate evidence of a jury’s favor with a simple average-rate- a patent is economically comparable to patent’s value and that evidence falls times-sales calculation, many jurors another patent. It suggests requiring a outside the scope of subsection (d) or may find the simpler and readily un- showing that the supposed comparable within one of the other exceptions, derstandable method more intuitively is of similar significance to the li- then that method is ‘‘reasonably avail- appealing, even if it is less accurate. censed product as the patent in suit is able’’ and paragraph (4) could not be in- And of course, when two different and to the infringing product, and that the voked. even slightly complex damages calcula- licensed and infringing products have a A word about the need for sub- tions are presented to a jury, there al- similar profit margin. Obviously, a pat- stantive standards: some critics of S. ways exists a risk that the jury will re- ent that makes only a trivial contribu- 1145 have made the argument to me solve the dispute by splitting the dif- tion to a product cannot accurately be that any problems with damages litiga- ference between the two methods. In a valued by reference to a comparable tion can be cured through procedural high-value case where the patent owner that makes a critical and valuable con- reforms, and that changes to sub- uses an unsound method that produces tribution to its licensed product, or stantive legal standards such as those a wildly inflated number, the risk that vice versa. And similarity in the profit- in subsections (d) through (f) are un- the jury will pick the wrong method or ability of the licensed and infringing necessary. These parties also have even split the difference may easily be products will also generally be impor- made the related, though different ar- unacceptable from a business perspec- tant to establishing the economic com- gument that to the extent that liti- tive. parability of two patents. As an eco- gants are using unreliable evidence or In the end, it is the premise of the nomic reality, when the profits on a methodologies, this problem should be rules of evidence that some types of product are high, the manufacturer addressed through cross examination evidence are so unsound, so prejudicial, will be more generous with the royal- and advocacy. or so likely to produce an unjust result ties that he pays for the patented in- Though I share these critics’ dis- that we do not require the other side’s ventions that are used by the product. pleasure with S. 1145, I do not think lawyer to debunk this evidence, but This economic reality is undergirded that problems such as the overuse of rather we require the judge to bar it by the fact that it will typically be the rule of thumb and industry averages from the courtroom altogether. If we patented inventions used by a product will be completely solved through find that particular methodologies rou- that make that product unique in the

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00109 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22624 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 marketplace and allow it to earn high- valid and infringed. A defendant who is jury, but should also clarify the record er profits. Even if two patents are the already arguing about what a patent is and give form to the factfinder’s deci- principal patent on products in the worth will tend to look as if he has al- sion, thereby providing a better foun- same field, if one patent’s product has ready conceded that he owes some- dation for an appeal. a 2-percent profit margin and the oth- thing, and that the dispute is simply Section 299A creates a patent-specific er’s has a 20-percent profit margin, over the amount. and expanded Daubert rule. First, it that first patent evidently is doing less This tension also exists even when all makes Rule 702 specific to the Federal to distinguish that product in its mar- validity and infringement arguments circuit and patent law. Currently, rule ket and to generate consumer de- are presented before damages are ar- 702 is regarded by the Federal circuit mand—and thus has a lower economic gued. Current law routinely allows the as a procedural rule, and thus in each value. defendant to be forced to argue in the case the Federal Circuit simply follows A thorough analysis of com- alternative to be made to argue in one the Daubert jurisprudence of the re- parability, of course, likely will depend breath that he is not liable and in the gional circuit whence the district court in a given case on many factors beyond next that if he is liable, then this is the decision came. Since the regional those listed here. Subparagraphs (A) amount for which he is liable. A pre- courts of appeals do not hear patent and (B) are simply guideposts that de- sumptive right to have one issue re- cases, this system retards the develop- scribe two factors that are likely to be solved before the other is addressed ment of a rule 702 jurisprudence that relevant to comparability. The bill would cure this tension. This sub- thoroughly considers some of the only provides that these two factors section allows only sequencing of the unique issues presented by patent law may be considered. It does not preclude trial, not full bifurcation. It does not and particularly patent-damages law. consideration of other factors, nor does require the use of a second jury, and al- The current situation also requires the it require that these two factors be lows all pretrial activity, including district courts to look only to rule 702 considered in every case. A party as- that related to damages, to be com- precedent that is based only on non- serting the propriety of a comparable pleted before the validity and infringe- patent cases. By embedding rule 702 in may be able to show that one or even ment case is presented and decided. the patent code, section 299A will force the development of more consistent both of these factors are not appro- The jury would decide validity and in- and thorough jurisprudence regarding priate to establishing economic com- fringement and then proceed imme- what kinds of reasonable royalty dam- parability in a given case. diately to hear the damages case, if ages calculation methodologies are re- Subsection (f) bars parties from argu- still needed. ing that damages should be based on Subsection (h) requires an expert to liable and what kinds are not. Like the wealth or profitability of the de- provide to the opposing party his writ- subsection (h) above, this section sup- plements rather than replaces current fendant as of the time of trial. Some ten testimony and the data and other law. lawyers have been known, after mak- information on which his conclusions Section 299A also codifies the four in- and methods are based, and to also pro- ing their case for an inflated royalty dicia of reliability that were an- calculation, to emphasize how insig- vide the written testimony to the nounced in the original Daubert v. nificant even that inflated request is in court. This subsection supplements Merrell Dow Pharmaceuticals decision, light of the total revenues of the de- current law, codifying and enforcing 509 U.S. 579 (1993), as well as two other fendant infringer. Such arguments do the better interpretation of what is indicia that are not described in not assist the jury in gauging a reason- currently required by the rules of pro- Daubert. These two additional reli- able royalty. Rather, they serve to re- cedure. It is necessary because those ability indicia, at paragraphs (5) and duce the jury’s sense of responsibility current rules are sometimes not fully (6), are based on standards announced to limit a reasonable royalty to the ac- enforced, and experts sometimes are al- in court of appeals decisions that apply tual value of the use made of the inven- lowed to testify, for example, as to Daubert. These decisions are discussed tion. This subsection does not bar all what is customary in an industry with- in footnote 30 of section 6266 of Wright consideration of the financial condi- out providing the facts and figures or and Miller’s Federal Practice and Pro- tion of the infringer. It may be appro- evidence of actual events that are the cedure. The first new factor, whether a priate to consider the infringer’s fi- basis for the expert’s view that some- theory or technique has been employed nances at the time of infringement es- thing is customary. Rule 702 exists to independently of litigation, should be pecially if there is some evidence that ensure that expert witnesses are not useful in flushing out methodologies such information is considered when li- simply allowed to argue from author- that exist only in litigation expert wit- censing patents in the relevant indus- ity. It allows opposing counsel to chal- ness’ testimony and are never em- try. But in no case should a court allow lenge the expert’s methods as unsound, ployed in actual licensing negotiations. such information to be presented when but that right becomes illusory if the Use of this reliability indicator should the evident purpose of doing is to tell expert is allowed to testify without inject more honesty into the hypo- the jury that the defendant has deep ever disclosing an objective foundation thetical negotiation. It should force pockets and will not be burdened by an for his conclusions. Requiring the ex- parties to use methodologies that actu- inflated award. pert’s written testimony to also be pro- ally would have been used had the in- Subsection (g) gives either party a vided to the judge should allow the fringer and claimant negotiated a li- presumptive right to demand that va- judge to prepare himself to consider cense, rather than metrics that are lidity and infringement be decided be- motions regarding the relevance and only ever employed in an expert’s fore the jury hears arguments about admissibility of the expert’s testimony. imaginary parallel universe. damages. Currently, some plaintiffs Subsection (i) codifies and reinforces The second new reliability indicator, will force a premature debate over current law allowing a party to seek whether the expert has accounted for damages in order to color the jury’s summary judgment or JMOL on dam- readily available alternative theories, view of validity and infringement. For ages issues. It also requires a court to should exclude the expert who ignores example, in some cases, the same de- instruct the jury only on those issues precise and objective metrics of value fense witness who testifies as to valid- supported by substantial evidence, a in favor of subjective and manipulable ity and infringement will also know requirement which, when appropriate methodologies that allow him to facts relevant to the patent’s value. motions have been made, should pre- produce the result that happens to This may allow the plaintiff’s lawyer vent the court from simply reading the most favor his client. If there is clear to question that witness about dam- laundry list of all 15 Georgia-Pacific evidence, for example, of the market ages, forcing the defendant to begin ar- factors to the jury. The court’s identi- price of a noninfringing alternative to guing about the amount of his liability fication of those factors for which the infringing product, of the costs of before the jury has even heard all the there is substantial evidence not only noninfringing substitutes for the in- arguments as to whether the patent is will provide better guidance to the vention or the costs of a design-around,

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00110 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.001 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22625 or of the cost savings produced by use ties can present information to PTO at a petition for a second-window pro- of the invention, an expert witness various stages of the proceeding, and ceeding be filed before an infringement should not be allowed to ignore that which system has experienced intermi- action is filed. Such a restriction evidence. He must consider that evi- nable delays. Under an oppositional might cause parties who think that dence or at least provide a persuasive system, by contrast, the burden is al- they may be sued but who are not oth- account as to why it should not be con- ways on the petitioner to show that a erwise inclined to seek post grant re- sidered. One common sign of a bad or claim is not patentable. Both parties view to file defensive petitions for sec- biased expert witness is his disregard of present their evidence to the PTO, ond-period review, lest they later be readily available alternative theories which then simply decides whether the sued and lose the right to request post or techniques. Paragraph (6) will help petitioner has met his burden. grant review. to ensure that Federal courts exercise If we expect post grant review pro- Subsection (c) of section 322 bars a their gatekeeper role and bar such wit- ceedings to be completed within par- party that has already sought a post nesses from misleading the jury. ticular deadlines, I think that it is grant review proceeding against a pat- Finally, subsection (c) of proposed obligatory that we consult with the ent from subsequently seeking another section 299A requires district courts agency that is expected to administer post grant review or a reexam with re- and circuit courts to explain their the proceedings. In this case, PTO has gard to the same patent. Daubert determinations, which should expressed a strong preference for an op- Subsection (d) of section 322 estops a facilitate appeal of those decisions. positional model, and it believes that it party that has brought a post grant re- Section 5 of the bill authorizes the can comply with reasonable deadlines view proceeding against a patent from creation of post grant review pro- if that model is adopted. The bill’s use raising in any subsequent PTO or ITC ceedings for challenging the validity of of an oppositional system thus allows proceeding or civil action any claim patents. It allows both first- and sec- proposed section 329(b)(1) to mandate against that patent that it did raise in ond-window review of a patent, with that post grant review proceedings be a post grant proceeding or that it could procedural restrictions that will limit completed within one year after they have raised in a second-window pro- the time and expense of these pro- are instituted, with a possible 6-month ceeding. ceedings and protect patent owners. extension for good cause shown or in A word about privity: subsections The bill uses a procedural model that is the event of second-window joinder. (b)(2) and (d) of section 322 bar second- favored by PTO and is calculated to Section 5 also imposes a number of window proceedings from being insti- allow quick resolution of petitions. Im- procedural limitations on post grant tuted or claims from being raised if portantly, the bill also imposes proce- review proceedings. Proposed section particular proceedings or claims were dural limits on when a second-window 321 applies a standing requirement that pursued by privies to the party now proceeding may be sought after civil petitioners must have a substantial seeking to start proceedings or raise litigation has commenced, and re- economic interest adverse to the pat- claims. The concept of privity, of stricts duplicative or second and suc- ent. This is a relatively low threshold course, is borrowed from the common cessive proceedings, preventing infring- that simply requires a showing that law of judgments. The doctrine’s prac- ers from using post grant review as a some substantial economic activity of tical and equitable nature is empha- litigation or delaying tactic. the petitioner’s is hindered by the ex- sized in a recent California Court of Section 5(a) of the bill repeals the press or implied threat of the patent’s Appeals decision, California Physicians’ procedures for inter partes reexam ef- monopoly. Nevertheless, the require- Service v. Aoki Diabetes Research Insti- fective 1 year after the date of enact- ment does give patentees a measure of tute, 163 Cal.App.4th 1506 (Cal. App. ment of the bill, while allowing re- control over when they might be forced 2008), which notes, at page 1521, cita- quests for reexam that are filed before to defend themselves in a post grant re- tions omitted, that: that effective date to continue to be view proceeding. The word ‘‘privy’’ has acquired an ex- considered by the office. Director-initi- Proposed section 322 includes a num- panded meaning. The courts, in the interest ated reexam is also repealed, out of ber of provisions that are designed to of justice and to prevent expensive litiga- concern that in the future political limit the use of post grant review pro- tion, are striving to give effect to judgments pressure may be brought to bear on ceedings as a delaying tactic and to by extending ‘‘privies’’ beyond the classical description. The emphasis is not on a con- PTO to attack patents that are a nui- mitigate these proceedings’ negative cept of identity of parties, but on the prac- sance to politically important busi- impact on efforts to enforce a patent. tical situation. Privity is essentially a short- nesses. Subsection (a) provides presumptive hand statement that collateral estoppel is to The bill’s proposed section 321 au- immunity from post grant review pro- be applied in a given case; there is no univer- thorizes two types of post grant review ceedings to a patent that is enforced in sally applicable definition of privity. The proceedings, a first-period proceeding court within three months of its issue. concept refers to a relationship between the in which any invalidity argument can A patent asserted in court this early in party to be estopped and the unsuccessful be presented, and a second-period pro- its life likely is already the subject of party in the prior litigation which is suffi- ciently close so as to justify application of ceeding that is limited to considering a well-developed commercial dispute. A the doctrine of collateral estoppel. arguments of novelty and nonobvious- delay in resolution of the case under It bears noting that not all parties in ness that are based on patents or print- these circumstances probably would do privity with a would-be petitioner for ed publications. The first-window pro- unjustified and irreparable harm to one other purposes or by way of various ceeding must be brought within 9 or another party’s market share. Such contracts would also be in privity with months after the patent is issued. The disputes should be resolved as soon as the petitioner for purposes of estop- second window is open for the life of possible, which means hearing all of pel—that is, for purposes of section 322. the patent after the 9-month window the case in the one forum capable of This limitation on estoppel privity is has lapsed or after any first-period pro- hearing all claims, the district court. usefully highlighted in a decision of ceeding has concluded. Paragraph (1) of subsection (b) bars a The bill uses an oppositional model, party that has filed a declaratory-judg- the Federal circuit, International Nutri- which is favored by PTO as allowing ment action challenging the validity of tion Co. v. Horphag Research, Ltd., 220 speedier adjudication of claims. Under a patent from also challenging the pat- F.3d 1325 (Fed. Cir. 2000), which notes, a reexam system, the burden is always ent in a post grant review proceeding. at page 1329, that: on PTO to show that a claim is not pat- And paragraph (2) requires a defendant One situation in which parties have fre- entable. Every time that new informa- in an infringement action who seeks to quently been held to be in privity is when they hold successive interests in the same tion is presented, PTO must reassess open a second-window proceeding to do property. See, e.g., Litchfield v. Crane, 123 whether its burden has been met. This so within 3 months after his answer to U.S. 549, 551, 8 S.Ct. 210, 31 L.Ed. 199 (1887) model has proven unworkable in inter the complaint is due. I think that this (defining privity to include a ‘‘mutual or partes reexam, in which multiple par- is a better rule than one requiring that successive relationship to the same rights of

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00111 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22626 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 property’’). Thus, a judgment with respect to economic interest in the matter to proceedings not become as formal as is a particular property interest may be bind- raise the question early in its life. If certiorari practice in the Supreme ing on a third party based on a transfer of PTO is wrong and such a thing cannot Court. Nevertheless, it would be helpful the property in issue to the third party after be patented, subsection (b) creates an to the process and to the parties if the judgment. See Restatement (Second) of board were to adopt a practice in the Judgments § 43 (1982) (‘‘A judgment in an ac- avenue by which the question can be tion that determines interests in real or per- conclusively resolved by the Federal ordinary case of identifying the issues sonal property . . . [h]as preclusive effects circuit before a large number of im- that formed the basis of its grant of upon a person who succeeds to the interest of proper patents are granted and allowed the petition. a party to the same extent as upon the party to unjustifiably disrupt an industry. A few words about joinder: section himself.’’). A corollary of that principle, Obviously, subsection (a) alone would 325 mandates that multiple first-period however, is that when one party is a suc- not be enough to test the view that proceedings be consolidated, and allows cessor in interest to another with respect to PTO has reached an incorrect conclu- multiple second-period proceedings to particular property, the parties are in priv- be so joined. There is no provision in ity only with respect to an adjudication of sion on an important legal question, because subsection (a) requires the pe- the bill for successive first-period pro- rights in the property that was transferred; ceedings, so any additional first-period they are not in privity for other purposes, titioner to persuade PTO that a claim such as an adjudication of rights in other appears to be unpatentable, and PTO is petition that is worthy of being insti- property that was never transferred between unlikely to be so persuaded if it has al- tuted must be joined with the first one. the two. See 18 Wright et al., supra, § 4462. ready decided the underlying legal The threshold imposed by section 327, Put another way, the transfer of a particular question in favor of patentability. Sub- in combination with the mandates of piece of property does not have the effect of section (a) is directed only at indi- section 329(c), gives the Director the limiting rights of the transferee that are un- vidual instances of error that PTO discretion to reject additional first-pe- related to the transferred property. See riod petitions that do not add anything itself appreciates, while subsection (b) Munoz v. County of Imperial, 667 F.2d 811, 816 new to the case. This section is not in- allows PTO to reconsider an important (9th Cir.1982) (concluding that non-parties tended to make first-period review op- legal question and to effectively certify were not in privity with a party to litigation erate like a notice-and-comment pro- because ‘‘[t]he right which the [third parties] it for Federal circuit resolution when ceeding, in which everyone gets his say seek to litigate is not one which they ob- it appears that the question is worthy tained through contractual relations with [a and the agency may be buried under an of early conclusive resolution. avalanche of repetitive comments. party to the previous litigation]. It is a com- Subsection (c) of section 327 applies a pletely independent right[.]’’). In the case of both first and second- successive-petition bar of sorts to sec- period proceedings, additional peti- Proposed section 327 also imposes im- ond or successive petitions for second- portant limits on post grant review tions can be joined only if, among period review. It is a rare patent that other things, they are properly filed. proceedings. Its requirements are de- should be twice subjected to second- signed to protect both patent owners The words ‘‘properly filed’’ are a term window proceedings. Nevertheless, Con- of art that is also employed in section and the PTO. Section 327 establishes a gress ought not preclude such review 2244 of title 28 and that has been given substantial evidentiary threshold for entirely. It is possible, for example, content no less than three times during bringing any post grant review pro- that a second-period proceeding may be this decade by the U.S. Supreme Court, ceeding, and it imposes a further ele- resolved in a way that suggests that see Artuz v. Bennett, 531 U.S. 4 (2000), vated threshold against the bringing of there was some collusion between the Pace v. DiGuglielmo, 544 U.S. 408, and a second-period proceeding for a patent petitioner and the patent owner. And Allen v. Siebert, 128 S.Ct. 2 (2007). The that already has become the subject of PTO may over time identify other cir- gist of these decisions is that a petition such a proceeding. Subsection (a) re- cumstances in which even a second or is properly filed when it is delivered quires that any petition present evi- third second-period proceeding is ap- and accepted in compliance with appli- dence that, if unrebutted, would show propriate. Subsection (c) requires that cable rules governing filings, though that a claim in the patent is such latter circumstances be excep- particular claims within filings be unpatentable. This threshold is de- tional, however. barred on other procedural grounds, signed, among other things, to force a Lengthy and duplicative proceedings and that time deadlines for filing peti- petitioner to present all of his best evi- are one of the worst evils of other sys- tions must be complied with in all dence against a patent up front. His pe- tems of administrative review of pat- cases. tition itself must present a full affirm- ents. During the pendency of such pro- Where possible, I have sought to ative case. It thus reinforces the front- ceedings, a patent owner is effectively make the intended operation of these loaded nature of an oppositional sys- prevented from enforcing his patent. provisions clear and evident on their tem, which is critical to the efficient Subsection (c) should ensure that sec- face, but the interaction between sec- resolution of proceedings by PTO. This ond or successive second-period pro- tions 325(b), 327, and 329(b)(2) requires threshold is considerably higher than ceedings are few and far between. some explanation. Under 329(b)(2), a re- ‘‘significant new question of patent- It would be desirable that, when the quest to join a second-period pro- ability,’’ and thus, particularly in com- Director grants petitions, he identify ceeding must be made within a time bination with the mandates of section for the parties those issues that he period to be set by the Director. If the 329(c), should provide the PTO with suf- found to be sufficiently established and request is so made, the additional sec- ficient discretion to protect itself those that were not. Such a practice ond-period petition may be joined to a against being overwhelmed by a deluge would help to expedite proceedings in pending proceeding at the discretion of of petitions. many cases, as it would limit the the Director if he has determined that Subsection (b) of section 327 is de- issues, and it would also give the pat- the additional petition satisfies the signed to allow parties to use first-win- ent owner a sense of what issues are threshold set in section 327(a). If the dow proceedings to resolve important important to the board and where he 329(b)(2) deadline is not met, however, legal questions early in the life of such ought to focus his amendments. Ulti- the additional second-period petition controversies. Currently, for example, mately, though, I decided against re- can still be joined to a pending pro- if there is debate over whether a par- quiring such practice in the text of the ceeding at the discretion of the Direc- ticular subject matter or thing is real- bill. If a mandate were in the statute, tor if he determines that the additional ly patentable, parties who disagree it would create problems for the board petition satisfies the threshold set in with PTO’s conclusion that it is pat- in the rare but inevitable case where section 327(c). Section 325(b) requires entable must wait until a patent is the board initially identifies one issue that a petition be procedurally in order granted and an infringement dispute as the basis for granting the petition, if it is to be considered for joinder, but arises before the question can be tested but it later becomes apparent that a there is no time deadline that applies in court. In such a situation, sub- different issue is really the central to petitions for second-period pro- section (b) would allow parties with an issue in the case. It is better that these ceedings, other than that they not be

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00112 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22627 filed before first-period proceedings are Let me comment on two arguments sive and duplicative proceedings are concluded. The deadline set pursuant and concerns with regard to second-pe- the various restrictions imposed in sec- to 329(b)(2) applies only to the motion riod review that are not addressed in tion 327 and in subsections (a), (b), and for joinder, not to the filing of the ad- the text of this bill. First, many par- (c) of section 322. These provisions, I ditional petition itself, and 327(c) ex- ties have made the case to me that any think, would be more useful and valu- pressly contemplates that successive postgrant review of a patent should be able to patent owners than could-have- petitions will be filed outside the limited to a first window that can only raised estoppel. I welcome a broader 329(b)(2) deadline for seeking joinder. be opened within a limited period of debate on this issue. At the very least, Thus a procedurally proper successive time after the grant of a patent. There it would be helpful to me to more petition for second-period review may are strong arguments to be made for clearly understand the interests that be joined to a pending proceeding at this view. Any type of second-period proponents and opponents believe are the discretion of the Director, even if proceeding, whether an opposition or protected or injured by could-have- the 329(b)(2) deadline has not been met, inter partes reexam, invariably inter- raised estoppel. so long as the Director determines that feres with and delays litigation. There Section 8 of the bill addresses venue. the petition satisfies the threshold set is simply no avoiding this result. Dis- It adopts an activities-based test for in section 327(c). trict judges, many of whom do not determining whether a particular dis- This is by design. Such a rule encour- enjoy adjudicating patent cases, al- trict is an appropriate locale for a pat- ages petitioners to seek timely joinder most always will stay litigation when a ent-infringement suit. Under section to a pending second-period proceeding, second window has been opened and has 8’s proposed amendments to 28 U.S.C. but gives the Director discretion to the potential to terminate the patent. section 1400, some significant activity join petitions that meet the successive I have decided, however, that it involving either the patent or the in- petition bar even if the request for would be too radical a step to try to re- fringing product must take place in the peal inter partes reexam and not offer joinder is untimely. Since an addi- district in order for venue to be proper any other type of second-period review tional petition that satisfies 327(c) there. This section aims to limit pat- in its place. As a political and legisla- would be entitled to its own successive ent litigation to districts with some tive reality, this decision was made in proceeding in any event, it makes reasonable connection to the patent, 1999 and probably cannot be undone. To sense to allow the Director to join that but without generating substantial address some of the concerns about a petition to the pending proceeding, second window, this bill limits such re- preliminary litigation over venue. Of even though joinder was not timely view to the issues that can be raised in course, any change to the venue stat- sought. inter partes reexam, and includes pro- ute will result in a period of litigation Section 325(c) gives the PTO broad over the new statute’s meaning. To the discretion to consolidate, stay, or ter- visions that are designed to preclude the kinds of tactical and abusive uses extent possible, section 8 uses terms of minate any PTO proceeding involving a of second-period proceedings that are art that have a settled meaning in the patent if that patent is the subject of a currently seen in inter partes reexam. venue context. postgrant review proceeding. It is an- Paragraph (2) and subparagraphs (B) Though it does not attempt to put the ticipated, for example, that if a second- second-period genie back in the bottle, and (C) of paragraph (6) refer to acts of period proceeding is instituted and the bill should be an improvement over infringement and to a product or proc- reexam is sought, the Director would current law’s inter partes reexam. I ess that embodies an invention, events be inclined to stay the postgrant re- would welcome a debate about the de- or facts whose existence likely will be view during exhaustion of the reexam. sirability of second-window review dur- the subject of the litigation. I consid- On the other hand, if a postgrant re- ing the next Congress. ered whether the word ‘‘allegedly’’ view is near completion, the Director Second, a number of parties have ex- should be added before ‘‘infringement’’ may consolidate or terminate any pressed concern to me about the cur- or ‘‘embodies,’’ since those facts will other PTO proceeding that is initiated rent could-have-raised estoppel stand- not yet have been proven at the time with regard to that patent. ard, which I have carried over to sec- when venue is being determined. Cur- Section 329(a)(5) prescribes discovery ond-period proceedings in section rent section 1400(b), however, refers standards for first-window proceedings, 322(d)(2). It is arguable that applying simply to ‘‘acts of infringement.’’ I am and section 329(b)(3) sets standards for could-have-raised estoppel to the sec- unaware of any courts that, when ap- second-period discovery. The standard ond window does not actually protect plying the current law, have required for allowing second-period discovery is the interests that it is designed to vin- the plaintiff to demonstrate that in- more limited, out of recognition of the dicate. This estoppel standard’s main fringement has in fact occurred before fact that the issues that can be raised purpose appears to be to force a party allowing themselves to be persuaded in that proceeding are few and thus the to bring all of his claims in one that venue is proper. I would expect need for discovery is less. Also, because forum—everything that he ‘‘could have courts and litigants to also use com- a second-period proceeding can be in- raised’’—and therefore to eliminate the mon sense when applying paragraphs stituted long after the patent has need to press any claims in other fora. (2) and (6), and to not construe the lan- issued, it is more burdensome for the In this bill, however, the issues that guage to require that the merits of the patent owner. Limiting second-window can be raised in the second window are case be litigated before a threshold discovery limits that burden. Subpara- so sharply limited that the goal of question may be determined. graph (A) of section 329(b)(3) thus al- flushing out all claims is unattainable. Paragraph (4) refers to the place lows depositions of witnesses submit- Only 102 and 103 arguments based on where an invention was conceived. This ting statements, and subparagraph (B) patents and printed publications can be can, of course, be more than one place allows further discovery as necessary raised in the second window. Accused and can involve collaborative activi- in the interest of justice. This latter infringers inevitably will have other ties. standard restricts additional discovery challenges and defenses that they will Paragraphs (5) and (6)(A) refer to ‘‘re- to particular limited situations, such want to bring, and those arguments search and development.’’ Other patent as minor discovery that PTO finds to can only be raised in district court. Re- venue reforms that have been proposed be routinely useful, or to discovery gardless of the estoppel standard that in this Congress have referred to re- that is justified by the special cir- is applied, the patent owner will al- search or development, treating the cumstances of the case. Given the time most always be forced to fight in two two words as if they were separate con- deadlines imposed on these pro- fora, and the intended goal of could- cepts. In most circumstances, however, ceedings, it is anticipated that, regard- have-raised estoppel will remain be- research and development are treated less of the standards imposed in section yond reach. as one thing and no effort is made to 329, PTO will be conservative in its The real reforms in this bill that distinguish research from development. grants of discovery. would protect patent owners from abu- Although theoretical distinctions are

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00113 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22628 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 possible, they become very difficult to forced to decide it, whatever came relevant interests ultimately apply to actual practical situations. back to the district court would be the foundered, however, on our inability to Thus section 8 treats research and de- law of the case. The Federal circuit’s answer several key questions about velopment as a unified concept. claim construction could not be how such a system would function and Paragraphs (5) and (6)(A) also refer to changed by the district court on re- how much it would cost. The types of ‘‘significant’’ research and develop- mand, no matter how obvious it later searches that PTO performs, for exam- ment. This bill uses the word ‘‘signifi- became in light of a more complete ple, are rather specialized. Many pat- cant,’’ rather than the word ‘‘substan- record that the Federal circuit had got- ent applicants would want to hire a tial,’’ which is a word that has been ten it wrong. search firm to conduct such searches used in other legislative proposals I have heard from more than one pat- rather than learn how to conduct PTO made in this Congress. Having reviewed ent lawyer that claim construction searches themselves. Currently, how- judicial constructions of both terms, it often is a rolling process. Even when a ever, no market exists for such services appears to me that ‘‘significant’’ court holds a Markman hearing and at- and no firms exist that offer to conduct means something like ‘‘legitimate,’’ tempts to definitively construe a pat- searches that would meet PTO’s speci- and that the significance of an activity ent early in a trial, frequently new in- fications. It is thus impossible at the can be evaluated on the face of that ac- formation comes forward over the moment to say with certainty how tivity, without reference to the whole course of the trial that sheds new light much patent applicants can expect to of which it is a portion. The word ‘‘sub- on claim terms, or it becomes clear pay to have a private firm conduct a stantial,’’ on the other hand, appears that different claim terms constitute search that meets PTO’s requirements. to measure an activity in light of the the heart of the dispute and must be It also is unclear exactly what kind whole of which it is a part. Arguably, construed. An interlocutory appeal of patentability analysis PTO might one cannot know whether particular would prove to be a large waste of time want. It will probably be necessary for PTO to launch such a system and to research-and-development activity is if it later became clear that different adjust it over a period of years before substantial without knowing all of the claim terms formed the heart of the PTO itself discovers what kinds of re- research-and-development activity dispute. And such an appeal could quirements produce information that is that has taken place with regard to the prove to be an utter disaster if the Fed- useful to the Office. patent in suit. Using the word ‘‘sub- eral circuit were forced to construe the And finally and most importantly, stantial’’ here or elsewhere in this sec- key claim terms without having all of under the current system, in which tion likely would in many cases require the necessary information before it statements made by the applicant dur- discovery to determine just what is the and, as a result, that court mis- ing prosecution are used to construe whole of which the activity in question construed those claims. Because of the the claims of the patent in district is alleged to be a substantial part. great risk of such undesirable out- court, any requirement that the appli- Since the last thing that I would want comes, and the delay that interlocu- cant make additional statements about to be responsible for is a patent law tory appeals would inject into trials, I patentability during prosecution would that made discovery and a 2-day evi- have not included a proposal to require prove to be very expensive to the appli- dentiary hearing a routine feature of interlocutory appeals in this bill. cant. Under the current litigation re- establishing venue in patent litigation, Section 10 of the bill addresses appli- gime, applicants who can afford to do my bill uses the word ‘‘significant’’ cant quality submissions. PTO believes so would be wise to hire expensive pat- rather than ‘‘substantial.’’ that all applicants for a patent should ent lawyers to think through how Paragraph (7) allows venue at the be required to conduct a search of prior every statement made to PTO during a place where a nonprofit organization art and a patentability analysis before patentability analysis might later af- managing inventions for colleges and they submit their patent application. fect claim construction in an infringe- universities, including the patent in Such a requirement not only would im- ment suit. In other words, a patent- suit, is principally based. These organi- prove the quality of applications, it ability analysis requirement likely zations manage inventions by, among would also persuade many would-be ap- would result in heavy legal costs for other things, helping the schools to plicants not to file in the first place, patent applicants. commercialize them. Whether such an since they would discover that their in- Rather than mandate that all appli- organization acts on behalf of a univer- vention already is disclosed in the cants submit a search report and a pat- sity should not be construed to turn on prior art. entability analysis, section 10 of the whether there is an agency relation- PTO presents a strong case that the bill authorizes PTO to offer incentives ship between the organization and patent system currently is buckling to parties who do so, and it makes the school. Even an independent contractor under the volume of applications, and prosecution record of a patent that is acts on behalf of the party that has re- that if present trends continue, in 10 secured through such a program inad- tained it. years the system could be brought to missible to construe patent claims in A few words about interlocutory ap- the point of collapse. Today, many ap- later proceedings. This last require- peals: I expressed skepticism in the plications provide little useful infor- ment is both an essential prerequisite committee report to S. 1145 about re- mation to examiners and are filed to the palatability of a voluntary quiring the Federal circuit to accept without any awareness of the prior art. search-and-patentability program, and interlocutory appeals of claim con- Some have suggested that PTO simply is also expected to be a powerful draw structions. I noted that such a rule needs to hire and retain more exam- to applicants to participate in the pro- risked allowing a district judge who is iners, but there are natural limits to gram. By effectively providing immu- insufficiently enthusiastic about his PTO’s ability to hire, train, and as- nity in later litigation against all in- duty to decide patent cases to rid him- similate new examiners into the cul- formation that is in the file wrapper of self of a case by certifying an inter- ture of PTO. Already PTO is hiring a the patent’s prosecution history, this locutory appeal to the Federal circuit, significant percentage of every year’s provision allows applicants to speak in the hope that the case would go graduating class in particular fields of freely with examiners, without having away and never come back. Not only engineering. If something does not to constantly think through—or rath- would such an event waste the Federal change, Congress may find it necessary er, have their lawyers think through— circuit’s resources, it would also force to mandate across-the-board search- how each statement might later affect that circuit to decide a claim construc- and patentability requirements in the claim scope in subsequent litigation. I tion on the basis of what may be an in- future. also anticipate that the prospect of adequate evidentiary record. And no PTO urged the adoption of search- being able to assert a patent based matter how thin that record may be, and-patentability requirements during solely on its claims, without having to once the claim construction was before this Congress. The ability of such pro- litigate over the meaning of every ac- the Federal circuit and that court were posals to secure acceptance from the tion and statement in the prosecution

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00114 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22629 record, will be a strong inducement to quirements across the board to all ap- The other aspect of the current doc- many patent applicants to try to com- plications, it likely will have proven trine that I find problematic is that it ply with the PTO’s voluntary search- useful to have had a substantial trial applies a draconian penalty to in- and-patentability program. run of a search-and-patentability pro- stances of misconduct whose materi- Proposed section 123(b) also author- gram. ality often appears to be doubtful. Jon izes PTO to issue regulations identi- Section 11 of the bill addresses the W. Dudas, the Under Secretary of Com- fying material submitted in an attempt doctrine of inequitable conduct. Under merce for Intellectual Property and Di- to comply with the search-and-patent- current law, this doctrine allows an ac- rector of the United States Patent and ability program that also shall receive cused infringer to have an entire pat- Trademark Office, commented on this file-wrapper immunity. Such regula- ent declared unenforceable if he can aspect of the doctrine in his testimony tions should encourage applicants to demonstrate that when the patent was before the Judiciary Committee on try PTO’s system who might otherwise prosecuted, the patent applicant in- June 6, 2007: be deterred by fear that if they try to tended to deceive the examiner by mis- Under existing case law, courts must hold comply with PTO’s program and abort representing information that the all of a patent’s claims invalid if they find the attempt or are unsuccessful and court deems material under one of a inequitable conduct in any aspect of pros- later secure the same patent by the variety of tests, such as whether the ecuting a patent application even if the conventional route, the possibly sub- information would be important to a claims are completely valid and/or the in- stantial record produced during the reasonable patent examiner in deciding equitable conduct was irrelevant to prosecu- tion of the claims. Thus, the only remedy failed attempt will later be used in liti- whether to allow the application. See, e.g., Digital Control, Inc. v. Charles Ma- available is complete loss of the patent. In- gation to limit claim scope. And of equitable conduct can be found if the appli- course, even ultimately successful chine Works, 437 F.3d 1309, 1313–14 (Fed. Cir. 2006). This doctrine, which is ap- cant deliberately withholds or inaccurately users of the search-and-patentability represents information material to patent program who are not confident that plied in the course of infringement liti- prosecution. Anything the court deems that they will complete the program likely gation, is a court-made doctrine that is a reasonable examiner would find important would, in the absence of the immunity designed to force patent applicants to can be material and the evidence necessary be forthcoming and to not mislead the to show intent varies according to the na- tendered by such regulations, engage in PTO when prosecuting their patents. In ture of the omission. Accordingly, the in- the very type of defensive and practice, however, the doctrine does equitable conduct standard is uncertain and overlawyered discussions with the ex- not fulfill this purpose and instead gen- the potential penalties severe. For example, aminer that the prospect of file-wrap- erates a variety of undesirable con- any misstatement in an affidavit, or even a per immunity is designed to prevent. failure to disclose a possible source of bias, sequences. Proposed section 123(a) authorizes has been held to be capable of rendering all There are two aspects of the current PTO to offer various other incentives claims of the patent unenforceable. inequitable conduct doctrine that I to parties who participate in a search- Because inequitable conduct is a find particularly troubling. The first is and-patentability program. Subsection court-enforced doctrine, the assess- that it is asserted in a majority of all ment of what is material—of what 10(b) of the bill is intended to preclude patent lawsuits. As much as one might a negative implication that because think ill of the ethics of particular in- would have been important to a reason- the bill authorizes PTO to offer such dustries, it is simply inconceivable able patent examiner—is made by a incentives, PTO must currently lack that fraud and other misconduct in- U.S. district judge. But district judges the authority to offer incentives to ap- fects anything close to half of all of the very rarely have any firsthand knowl- plicants who submit additional infor- patents issued in this country. edge of the patent-prosecution process mation. I should also note that PTO One explanation that a number of or the workings of the PTO and are not may continue to offer incentives to ap- lawyers have given to me for the high in a position to accurately assess what plicants under existing pilots and pro- rate at which inequitable conduct is as- information actually would have been grams without issuing regulations. serted in litigation is that the doctrine important to a reasonable examiner. Section 10 of the bill is designed to gives the accused infringer an oppor- The Federal courts’ sometimes hair- allow a substantial trial run of a tunity to examine the inventor—often trigger assessments of materiality are search-and-patentability program. It is in the jury’s presence—and to paint a substantial injustice to those patent my hope that if the incentives offered him as deceptive and dishonest. Even owners who lose the right to enforce are powerful enough and if PTO’s the most upright and honest inventor what is an otherwise perfectly valid search-and-patentability demands are can be made to look sly and shifty patent. This injustice can be particu- reasonable, eventually a major portion under aggressive examination as to larly acute when the current owner of of all patent applicants will choose to why exactly he chose not disclose par- the patent is a good-faith purchaser prosecute their patents under such a ticular facts or documents to the PTO. who is not even alleged to have en- system. A well-functioning and heavily And thus even an infringer who has no gaged in any type of misconduct him- used search-and-patentability program reasonable hope of prevailing on an in- self. not only would help PTO to process its equitable-conduct claim will assert the Judicial enforcement of the doctrine backlog of applications, it also would doctrine simply because it offers an op- of inequitable conduct also has led to answer some of the questions that we portunity to cast the inventor and his consequences that are of a more gen- were unable to answer this year, such work in a negative light. This tactic eral concern. The doctrine’s severe pen- as how much would private prior-art tends to increase the odds that the jury alty, combined with the unpredict- searches cost, and will file-wrapper im- will find the invention obvious and to ability of its application, has led appli- munity operate as intended in court? decrease the jury’s estimate of the cants to adopt extreme tactics that are I hope that the gathering patent-ap- damages to which the inventor is enti- designed to eliminate the risk that plication storm that PTO perceives tled. their patent will ever be held unen- will be diverted by the program author- The doctrine also carries high trans- forceable on the ground of inequitable ized in this section and by the reforms action costs. It typically is grounds for conduct. These tactics, while perhaps to the inequitable-conduct doctrine in exhaustive discovery of the inventor’s effective at minimizing such risk, are section 11 of the bill, both of which files and for depositions directed at his inconsistent with sound prosecution should encourage applicants to be more state of mind at the time of the pros- practice. They constitute the exact op- frank with PTO and to provide infor- ecution—for questioning him as to posite of providing PTO with the infor- mation that is more useful to the Of- what did he know and when did he mation that it needs in order to be able fice. If present filing trends continue know it, and what was his motive for to assess whether a claimed invention for another decade, however, and Con- not disclosing particular pieces of in- is patentable, and they make it harder gress is forced to consider applying formation. The doctrine adds substan- for PTO to do its job. Under Secretary search- and patentability-analysis re- tially to the expense of litigation. Dudas commented on this phenomenon

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00115 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22630 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 in his June 6, 2007 Judiciary Committee the case of every other Federal admin- patent] is a special privilege designed to testimony: istrative agency, the agency itself po- serve the public purpose of promoting the In some other cases, applicants or their at- lices misconduct and fraud committed ‘‘Progress of Science and useful Arts.’’ At torneys fear that the legal doctrines of in- in agency proceedings. the same time, a patent is an exception to the general rule against monopolies and to equitable conduct and unenforceability may Professor Duffy also notes that in unfairly punish them with draconian pen- the right to access to a free and open mar- other administrative contexts, the Fed- ket. The far-reaching social and economic alties for innocently omitting information. eral courts themselves have predicted The theory is that, if one does provide infor- consequences of a patent, therefore, give the mation, it must be perfect. Otherwise, the that judicial supervision of agency pro- public a paramount interest in seeing that consequence may be loss of the patent and/or ceedings would produce the very con- patent monopolies spring from backgrounds disciplinary action (for the applicant’s attor- sequences that judicial intervention free from fraud or other inequitable conduct ney). By way of contrast, failure to share or has produced in the PTO. Though and that such monopolies are kept within disclose information has absolutely no ad- Buckman Co. v. Plaintiffs’ Legal Com- their legitimate scope. verse legal consequence. mittee, 531 U.S. 341, 351 (2001), is a case Proposed section 299 would authorize * * * * * about the FDA, it might as well be de- procedures whereby the PTO can re- While the risk of an inequitable conduct scribing the impact of the inequitable- ceive and assess complaints about mis- finding is low, it is frequently alleged. When conduct doctrine on patent prosecu- conduct committed by parties to its alleged, inequitable conduct assertions add tions: matters or proceedings, assess the ma- substantially to litigation costs and mal- teriality of the misconduct and the practice claims. The ‘‘all or nothing’’ result [F]raud-on-the-[agency] claims inevitably of an inequitable conduct finding under- conflict with the [agency’s] responsibility to mens rea of the malfeasant, and levy standably has a perverse effect on the ac- police fraud consistently with the Adminis- appropriate sanctions, including civil tions of applicants and their attorneys with tration’s judgment and objectives. As a prac- fines and, in severe cases, unenforce- respect to ‘‘risking’’ a proper search in the tical matter, complying with the [agency’s] ability of the patent. This section is first place. As a result, the doctrine results detailed regulatory regime in the shadow of animated by the principles expressed in in counterproductive behavior before the [the courts’ varying fraud standards] will Precision Instrument, at page 818, USPTO. It discourages many applicants from dramatically increase the burdens facing po- where the court emphasized that: conducting a search and leads others to be tential applicants * * *. Those who have applications pending with indiscriminate in the information they sub- Conversely, fraud-on-the-[agency] claims the Patent Office or who are parties to Pat- mit. In a review two years ago, we found that would also cause applicants to fear that ent Office proceedings have an uncompro- over 50 percent of submitted applications their disclosures to the [agency], although mising duty to report to it all facts con- contained either no information disclosure deemed appropriate by the Administration, cerning possible fraud or inequitableness un- statement or that such submissions included will later be judged insufficient in * * * derlying the applications in issue. * * * Pub- more than 20 references. court. Applicants would then have an incen- lic interest demands that all facts relevant The Under Secretary’s testimony is tive to submit a deluge of information that the Administration neither wants nor needs, to such matters be submitted formally or in- consistent with what has been de- resulting in additional burdens on the [agen- formally to the Patent Office, which can scribed to me by a number of attorneys cy’s] evaluation of an application. As a re- then pass upon the sufficiency of the evi- and patent applicants. The current sult, the [agency certification] process could dence. state of inequitable conduct enforce- encounter delays, which would, in turn, im- A few provisions of proposed section ment leads applicants to adopt one of pede competition * * * and delay [innova- 299 deserve some commentary and ex- two tactics: either they flood the Office tion]. planation. Subsection (a) authorizes with prior-art references but offer no Section 11 of the bill that I have in- the PTO to issue regulations accepting explanation of how the invention is dis- troduced proposes a new approach to complaints from any source. It is an- tinguished from that prior art or which addressing misconduct in proceedings ticipated, based on preliminary discus- prior art is most relevant, since by pro- before the PTO. It effectively shifts en- sions with the Office, that the PTO will viding the reference they cannot be ac- forcement of the doctrine of inequi- accept complaints from a broad range cused of concealing it, and by providing table conduct from civil litigation to of parties, including those that are no explanation they cannot be accused administrative proceedings before the third parties to any commercial dis- of misleading the Office or PTO. Under the procedures authorized putes involving the patent. The scope mischaracterizing the information, or in proposed sections 298 and 299, PTO of such regulations, however, ulti- applicants provide no information at will reissue patents if needed to re- mately remains within the Office’s dis- all with their applications, since pro- move any invalid claims, will assess cretion, and PTO may later decide to viding some information would inevi- the culpability of any misconduct, and limit who may file a complaint should tably mean not supplying other infor- will impose sanctions on any parties it discover that allegations of mis- mation in the universe of existing in- that have engaged in inequitable or conduct that originate from particular formation and thus could open the ap- fraudulent conduct before the Office. types of sources are burdensomely vo- plicant to charges of having concealed I believe that the administrative luminous or otherwise unproductive. something in that universe of informa- framework proposed in section 11 is Though any person may file an alle- tion not provided. Both tactics impede consistent with the principles outlined gation of misconduct under section 299, the PTO’s examination of patent appli- in the Supreme Court cases that the that section only allows such com- cations. Federal circuit relies on as the basis plaints to be filed against individual Professor John F. Duffy of George for its own inequitable conduct juris- and entities that are parties to matters Washington University Law School has prudence, Precision Instrument Manufac- or proceedings before the Office. This made a persuasive case that inequi- turing Co. v. Automotive Maintenance limitation excludes examiners and table conduct that occurs during pat- Machinery Co., 324 U.S. 806 (1945), and other PTO personnel. Prosecutions oc- ent prosecution should be addressed in Hazel-Atlas Glass Co. v. Hartford-Empire casionally become contentious, par- proceedings before the PTO itself. He Co., 322 U.S. 238 (1944). Section 298 ticularly when examiners fail to appre- notes that the 1940s decisions that are would require district courts to order ciate an inventor’s revolutionary ge- viewed as giving the Supreme Court’s patents that are infected by fraud to go nius. If section 299 were not limited to imprimatur to judicial enforcement of into reissue proceedings, where invalid complaints against parties, we would the doctrine are much more limited in claims would be removed. Limiting run the risk that such proceedings their rulings than the expansive ap- patents to their proper scope serves im- might come to be regarded by a subset proach to inequitable conduct that has portant public interests. As the court of applicants as their final means of ap- been developed by the Federal circuit. noted in Precision Instrument, at pealing an examiner’s rejection. He also points out that the patent sys- pages 815 to 816, citations omitted: Section 299 is not limited, however, tem’s use of civil litigation to enforce The possession and assertion of patent to entertaining complaints against ap- good conduct in dealings with an agen- rights are issues of great moment to the pub- plicants and patentees. A party that cy is unique to the patent system. In lic. As recognized by the Constitution, [a engages in intentionally deceptive and

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00116 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22631 material misconduct while challenging stead imposes a uniform test of wheth- ment will make patent litigation less a patent during a postgrant review pro- er art has been made available to the burdensome. ceeding, or even while requesting such public. By eliminating confidential My bill also strikes S. 1145’s elimi- a proceeding, also may be sanctioned sales and other secret activities as nation of the exception to the 18-month pursuant to section 299. grounds for invalidity and imposing a publication requirement. Small-patent- Some parties have criticized the fact general standard of public availability, owners’ groups have persuaded me that that the proceedings authorized by sec- this change will make the patent sys- the current exception should be pre- tion 299 will be prosecuted by the PTO tem simpler and more transparent. served. That exception, although used alone, without the participation of par- Whether a patent is valid or not will be only about 40,000 times annually, is in- ties adverse to the patent. PTO prefers determined exclusively on the basis of voked heavily by small-business appli- it this way. If misconduct has resulted information that is available to the cants. These smaller applicants believe in the grant of claims that are invalid, public. As a result, at the outset of any that the opt-out of 18-month publica- that patent can still be challenged in dispute over a patent, the patentee and tion allows them to preserve the mar- court if its owner attempts to enforce potential infringer can develop a full ket advantage generated by their inge- it. And to the extent that alleged mis- and complete understanding of the in- nuity, and prevents their inventions’ conduct has not resulted in the grant formation that will determine the nov- being appropriated in foreign coun- of claims that are invalid, the interests elty and nonobviousness of the claimed tries, in the event that their applica- principally affected by any misconduct invention. This change not only will tion is not granted or is only granted are those of PTO. The primary injury provide greater certainty and predict- on a second attempt. Under Secretary in such a case is to PTO’s interest in ability—it should also substantially re- Jon Dudas, in his June 6, 2007, Judici- ensuring that parties are honest and duce the need for discovery in patent ary Committee testimony, also ex- forthcoming in their dealings with the litigation, since defendants will no pressed doubt about the wisdom of Office and its general interest in the longer need to uncover evidence of pri- eliminating the current exception. He integrity of its proceedings. In such vate sales or offers for sale or other noted that serious concerns had been circumstances, it is appropriate that nonpublic information in order to de- expressed ‘‘by independent inventors PTO control the prosecution of the termine whether the patent is valid. and small entities that large entities misconduct. It bears mention that the extent of and foreign interests may misappro- Subsection (b)(3)(C) of section 299 what is deemed to be publicly available priate their inventions upon disclosure permits PTO to sanction a patent is defined in important respects by the and prior to issuance of a patent.’’ owner by rendering his patent unen- doctrine of inherency. Under that doc- Sections 12 and 13 of the bill are car- forceable. That penalty, however, is re- trine, once a product is sold on the ried over from S. 1145 as reported by served by subparagraph (C) for particu- market, any invention that is nec- the Judiciary Committee. I have in- larly egregious misconduct that was essarily present or inherent to the cluded additions to those sections that committed by the current beneficial product and that would be recognized I understand that their supporters had owner of the patent. as such by a person skilled in the art is intended to adopt and have also made This elevated standard is consistent itself deemed to be publicly available. an addition of my own to section 12. with the standards for unenforceability Such an invention becomes publicly The new subsection (c) in that section set in Precision Instrument and Hazel- available art and cannot be patented. converts various day-based deadlines in Atlas Glass, the foundational Supreme See generally Rosco, Inc. v. Mirror Lite title 35 into month-based deadlines. Court cases of the modern inequitable- Co., 304 F.3d 1373, 1380–81 (Fed. Cir. Month-based deadlines are easier to conduct doctrine. In Precision Instru- 2002). calculate. The use of months should ment, an applicant ‘‘gave false dates as To address the possible concern that make it easier to avoid the type of to the conception, disclosure, drawing, a uniform available-to-the-public ministerial mistake that apparently is description and reduction to practice of standard might allow secret commer- the cause for section 12. It should also his invention.’’ When his fraud was dis- cialization of a product followed by be- save the patent system hundreds of covered by the other party to an inter- lated patenting, I should note that a billable hours over the years. ference proceeding, the applicant manufacturer who embarked on such a Section 2(b) of the bill includes a colluded with that other party to as- course would run the risk that, under minor modification to the CREATE sign the false application to the party. the first-to-file system, someone else Act, Public Law 108–453. This change The Supreme Court held the patent un- might patent the invention out from more closely aligns the text of that act enforceable, concluding that ‘‘[t]he his- under him. Perhaps for this reason, to the PTO’s current and uncontested tory of the patents and contracts in among others, industrialized countries interpretation of that act with regard issue is steeped in perjury and undis- that currently employ this standard do to who must own the prior art that is closed knowledge of perjury’’ and that not appear to have experienced signifi- regarded as jointly owned by the par- ‘‘inequitable conduct impregnated [the cant problems with manufacturers at- ties to a joint research agreement pur- patentee’s] entire cause of action.’’ tempting secret commercialization and suant to the CREATE Act. Pages 809, 816, and 819. Similarly, in late patenting of their products. And last, but certainly not least, sec- Hazel-Atlas Glass, the court rendered a The bill also includes other provi- tion 14 of the bill consists of the patent unenforceable upon ‘‘conclusive sions that would make the patent sys- Coburn amendment, which would cre- proof’’ of a ‘‘deliberately planned and tem more objective and transparent. ate a revolving fund for PTO fees. carefully executed scheme to defraud Section 3(c) eliminates current law’s Under that amendment, all fees paid by not only the Patent Office but the Cir- best-mode requirement, and section 15 patent and trademark applicants and cuit Court of Appeals.’’ The court also strikes several provisions of title 35 owners to the PTO would remain in the emphasized in that case that ‘‘no equi- that require inquiry into a patentee’s PTO and could not be diverted to unre- ties have intervened through transfer subjective intent. Any useful informa- lated Government programs. of the fraudulently procured patent or tion that might be supplied by describ- According to Senator COBURN, the judgment to an innocent purchaser.’’ ing a patent’s best mode generally also fees collected by PTO are more than Pages 245 and 246. will be provided while satisfying the adequate to pay for the costs of all pat- I should also comment on a few other written description and enablement re- ent examinations and other PTO pro- significant changes that this bill quirements. And because the best-mode ceedings. But PTO is not allowed to makes to S. 1145. My bill’s proposed requirement turns on the patentee’s keep those fees. Instead, the fees are section 102(a)(1) amends the novelty subjective intent, rather than on objec- deposited into the U.S. Treasury, and condition of patentability by elimi- tive facts, it often becomes grounds for PTO’s operations are funded by a con- nating public use and the on-sale bar as deposition of the inventor and other gressional appropriation. It is that ap- independent bases of invalidity and in- discovery. Eliminating that require- propriation that effectively determines

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00117 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22632 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 on an annual basis what portion of the ministration of juvenile justice in the committed any crime. In a Judiciary fees that PTO has collected it will be states. It authorizes key Federal re- Committee hearing earlier this year on allowed to keep and use. sources for States to improve their ju- the reauthorization of the Runaway Since 1992, Congress has diverted venile justice systems and for commu- and Homeless Youth Act, I was amazed over $750 million in PTO fees to other nities to develop programs to prevent by the plight of this vulnerable popu- governmental programs. As recently as young people from getting into trouble. lation, even in the wealthiest country 2004, over $100 million was diverted With the proposed reauthorization of in the world, and inspired by the abil- from the PTO. this important legislation, we recom- ity of so many children in this des- Fee diversion unquestionably has a mit to these important goals. We also perate situation to rise above that ad- negative impact on the patent system. push the law forward in key ways to versity. In recent years, it has hampered PTO’s better serve our communities and our This reauthorization of the Juvenile ability to hire an adequate number of children. Justice Act takes strong and signifi- examiners. Multiple studies and mul- The basic goals of the Juvenile Jus- cant steps to move States away from tiple witnesses at congressional hear- tice and Delinquency Prevention Act detaining children from at-risk popu- ings have concluded that fee diversion remain the same: keeping our commu- lations for status offenses and requires contributes to the growing backlog and nities safe by reducing juvenile crime, States to phase out the practice en- lengthening pendency of patent appli- advancing programs and policies that tirely in 3 years, but with a safety cations. It currently takes nearly 3 keep children out of the criminal jus- valve for those States that are unable years to get a patent, and 786,000 appli- tice system, and encouraging States to to move quite so quickly due to limited cations are pending. That means that implement policies designed to steer resources. large numbers of businesses, univer- those children who do enter the juve- As I have worked with experts on this sities, and other inventors are waiting nile justice system back onto a track legislation, it has become abundantly to learn if they will receive a patent to become contributing members of so- clear that mental health and drug for their invention. ciety. treatment are fundamental to making Because of recent public outcry over The reauthorization that we consider real progress toward keeping juvenile lengthy patent-application pendency today augments these goals in several offenders from reoffending. Mental dis- periods, the administration and Con- ways. First, this bill encourages states orders are two to three times more gress have abstained from diverting to move away from keeping young peo- common among children in the juve- PTO fees since 2004. As a result, PTO ple in adult jails. The Centers for Dis- nile justice system than in the general has been able to hire a record number ease Control and Prevention concluded population, and fully 80 percent of of new examiners and begin to address late last year that children who are young people in the juvenile justice its backlog of applications. Unless the held in adult prisons commit more system have been found by some stud- Coburn amendment is enacted into law, crimes, and more serious crimes, when ies to have a connection to substance however, Congress and the administra- they are released, than children with abuse. This bill takes new and impor- tion could easily begin diverting PTO similar histories who are kept in juve- tant steps to prioritize and fund men- fees again in future years. Certainly, nile facilities. After years of pressure tal health and drug treatment. any bill that aspires to deserve the to send more and more young people to The bill tackles several other key title ‘‘Patent Reform Act’’ should in- adult prisons, it is time to seriously facets of juvenile justice reform. It em- clude a revolving-fund provision. consider the strong evidence that this phasizes effective training of personnel I thank all of the individuals who policy is not working. who work with young people in the ju- have assisted my attempts to under- We must do this with ample consider- venile justice system, both to encour- stand and find answers to the difficult ation for the fiscal constraints on age the use of approaches that have questions posed by efforts to improve States, particularly in these lean budg- been proven effective and to eliminate the patent system, and I look forward et times, and with ample deference to cruel and unnecessary treatment of ju- to next year’s congressional debate on the traditional role of States in setting veniles. The bill also creates incentives patent reform legislation. their own criminal justice policy. We for the use of programs that research f have done so here. But we also must and testing have shown to work best. work to ensure that unless strong and Finally, the bill refocuses attention JUVENILE JUSTICE AND DELIN- considered reasons dictate otherwise, on prevention programs intended to QUENCY PREVENTION REAU- the presumption must be that children keep children from ever entering the THORIZATION ACT will be kept with other children, par- criminal justice system. I was struck Mr. LEAHY. Mr. Presdient, in July, ticularly before they have been con- when Chief Richard Miranda of Tucson, the Senate Judiciary Committee re- victed of any wrongdoing. AZ, said in a December hearing on this ported the Juvenile Justice and Delin- As a former prosecutor, I know well bill that we cannot arrest our way out quency Prevention Reauthorization the importance of holding criminals of the problem. I heard the same senti- Act, an important bill designed to pro- accountable for their crimes with ment from Chief Anthony Bossi and tect our communities and particularly strong sentences. But when we are others at the Judiciary Committee’s our most precious asset, our children. I talking about children, we must also field hearing earlier this year on young am disappointed that Republican ob- think about how best to help them be- people and violent crime in Rutland, jections continue to prevent this vital come responsible, contributing mem- VT. When seasoned police officers from bipartisan legislation from passing the bers of society as adults. That keeps us Rutland, VT, to Tucson, AZ, tell me Senate this year. all safer. that prevention programs are pivotal, I This bill seeks to not only keep our I am disturbed that children from mi- pay attention. children safe and out of trouble, but nority communities continue to be Just as this administration and re- also to help ensure they have the op- overrepresented in the juvenile justice cent Republican Congresses have gut- portunity to become productive adult system. This bill encourages States to ted programs that support State and members of society. Senator SPECTER take new steps to identify the reasons local law enforcement, so they have and Senator KOHL have been leaders in for this serious and continuing problem consistently cut and narrowed effective this area of the law for decades, and I and to work together with the Federal prevention programs, creating a dan- was honored to join with them once Government and with local commu- gerous vacuum. We need to reverse this again to introduce this important ini- nities to find ways to start solving it. trend and help our communities imple- tiative. I am also concerned that too many ment programs proven to help kids The Juvenile Justice and Delin- runaway and homeless young people turn their lives around. quency Prevention Act sets out Fed- are locked up for so-called status of- I have long supported a strong Fed- eral policy and standards for the ad- fenses, like truancy, without having eral commitment to preventing youth

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00118 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22633 violence, and I have worked hard on loopholes in existing corruption laws tools and the funding it needs to ad- past reauthorizations of this legisla- mean that corrupt conduct goes un- dress serious and corrosive crimes oc- tion, as have Senators SPECTER and checked or simply cannot be pros- curring right here at home. Efforts to KOHL and others on the Judiciary Com- ecuted. combat terrorism and official corrup- mittee. We have learned the impor- Make no mistake: the stain of cor- tion are not mutually exclusive. A tance of balancing strong law enforce- ruption has spread to all levels of Gov- bribed customs official who allows a ment with effective prevention pro- ernment and has affected both major terrorist to smuggle a dirty bomb into grams. This reauthorization pushes for- political parties. This is not a Demo- our country, or a corrupt consular offi- ward new ways to help children move cratic or Republican problem—it is an cer who illegally supplies U.S. entry American problem that victimizes out of the criminal justice system, re- visas to would-be terrorists, can cause every single one of us by chipping away turn to school, and become responsible, grave harm to our national security. hard-working members of our commu- at the foundations of our democracy. nities. Congress must send a strong signal This bill goes further by amending This legislation seeks to move the that it will not tolerate public corrup- several key statutes to broaden their country in new directions to protect tion by providing better tools for Fed- application in corruption and fraud our communities and give our children eral investigators and prosecutors to contexts. This series of fixes will pre- the chance they need to grow up to be combat it. This bill will do exactly vent corrupt public officials and their productive members of society. But we that. accomplices from evading or defeating were careful to do so with full respect We are also just now learning the prosecution based on existing legal am- for the discretion due to law enforce- role of fraud and perhaps corruption in biguities. For example, the bill in- ment and judges, with deference to the catastrophic unraveling of the fi- cludes a fix to the gratuities statute nancial markets and the economy. states, and with a regard for difficult that makes clear that public officials Prosecutors must have every tool at fiscal realities. may not accept anything of value, It is unfortunate that, despite the bi- their disposal to restore account- other than what is permitted by exist- partisan nature of the legislation and ability. This bill will strengthen the ing regulations, given to them because the careful consideration and consulta- tools prosecutors have to crack down of their official position. on these insidious crimes. tion that went into drafting it, Repub- The bill gives investigators and pros- The bill also appropriately expands lican objections have prevented this ecutors more time and resources to ef- the definition of what it means for a important bill from passing and help- fectively enforce existing anti-corrup- public official to perform an ‘‘official ing to keep our children and our com- tion laws. Specifically, it extends the act’’ for the purposes of the bribery munities safe. I hope, while there is statute of limitations from 5 to 6 years statute and closes several other gaps in still time, that all Senators will decide for the most serious public corruption current law. to support and pass this vital reauthor- offenses. Public corruption cases are ization. Finally, the bill raises the statutory among the most difficult and time-con- maximum penalties for several laws f suming cases to investigate and pros- dealing with official misconduct, in- PUBLIC CORRUPTION PROSECU- ecute. Bank fraud, arson and passport cluding theft of government property TION IMPROVEMENTS ACT fraud, among other offenses, all have and bribery. These increases reflect the 10-year statutes of limitations. Public Mr. LEAHY. Mr. President, more serious and corrosive nature of these corruption offenses cut to the heart of than a year ago, I introduced a bill crimes, and would harmonize the pun- our democracy, and a more modest in- aimed at restoring Americans’ faith in ishment for these crimes with other crease to the statute of limitations is a their elected officials. The bipartisan similar statutes. reasonable step to help our corruption Public Corruption Prosecutions Im- investigators and prosecutors do their This bipartisan bill is supported by provements Act would complement the jobs. the Department of Justice and by a accomplishments this Congress has The bill would also provide signifi- wide array of public interest groups made in passing important ethics and cant and much-needed additional fund- that have long advocated for vigorous lobbying reforms by giving law en- ing for public corruption enforcement. enforcement of our fraud and public forcement additional tools and re- Since September 11, 2001, Federal Bu- corruption laws, including the Cam- sources to root out corrupt conduct. reau of Investigation, FBI, resources paign Legal Center, Common Cause, Although the Judiciary Committee re- have been shifted away from the pur- Democracy 21, the League of Women ported the bill last November, it has suit of white collar crime to counter- Voters, Public Citizen, and U.S. PIRG. been stalled on the Senate floor for terrorism. FBI Director Mueller has If we are serious about addressing the nearly a year. In the waning days of said recently that public corruption is kinds of egregious misconduct that we this Congress, we should take the op- now among the FBI’s top investigative have recently witnessed in high-profile portunity to take up and promptly pass priorities, but a September 2005 report public corruption cases, Congress must this critical legislation. by the Department of Justice inspector enact meaningful legislation to give in- Since the bill’s introduction, we have general found that, from 2000 to 2004, vestigators and prosecutors the tools seen repeated instances of rampant and there was an overall reduction in pub- corrosive corruption at all levels of lic corruption matters handled by the and resources they need to enforce our government, including at key Federal FBI. More recently, a study by the re- laws. Passing last year’s ethics and agencies. Just this month, the Office of search group Transactional Records lobbying reform bill was a step in the Inspector General for the Department Access Clearinghouse found that the right direction. But we must finish the of the Interior documented numerous prosecution of all kinds of white collar job by strengthening the criminal law instances where the ‘‘royalty-in-kind’’ crimes is down 27 percent since 2000, to enable Federal investigators and program—a program that collects bil- and official corruption cases have prosecutors to bring those who under- lions of dollars from private companies dropped in the same period by 14 per- mine the public trust to justice. I am that tap key energy resources—was cent. The Wall Street Journal reported disappointed that Republican objec- corrupted by Federal employees who recently that the investigation of a tions have prevented the full Senate accepted benefits from energy compa- Federal elected official stalled for 6 from passing this critical bill. I ask nies ‘‘with prodigious frequency.’’ In- months because the investigating U.S. those Republicans Senators who are vestigators and prosecutors must have Attorney’s Office could not afford to objecting to proceeding to this the resources and tools they need to go replace the prosecutor who had pre- anticorruption legislation and to pass- after this kind of corrupt conduct that viously handled the case. ing it to please reconsider before it is compromises America’s security. Too We must reverse this trend and make too late. Let us join together in taking often, though, strained budgets and sure that law enforcement has the bipartisan action.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00119 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22634 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 ECONOMIC STIMULUS Over the past 2 years, food costs have is a Christian university of 1,800 under- Mr. CARDIN. Mr. President, these increased by nearly 15 percent. This graduate students in Newberg, OR. In are very difficult times for the Amer- bill would provide an additional $50 an effort to expand diversity on cam- ican economy and America’s working million for food banks and $60 million pus, George Fox instituted a university families. For most of the past 2 weeks, for senior meals program, increase food scholarship program—Act Six—that the headlines have been dominated by stamp benefits by 10 percent and add provides full scholarships to students news of Wall Street’s financial melt- $450 million for the WIC Program. chosen for their leadership potential down. But our Nation’s economic woes Energy prices are up by nearly 40 per- from Portland high schools. While not stretch far beyond financial institu- cent in the past 2 years. This bill would a requirement, many of the recipients tions. have added $5.1 billion for low-income are from a minority group. The American people are watching home energy assistance programs and Sadly, this crude and incendiary act the fluctuations in the stock market; $500 million to help make low-income of racial intimidation highlights our they see investment banks failing and homes for energy efficient through continued need to address the issue of the values of their own 401(k) accounts weatherization. civil rights in our country as racism and money market funds decline. Gas The majority of State governments still lurks in many dark corners of our is still hovering near $4 a gallon, their are in dire economic straits. My home Nation. Hate crimes and acts of racial grocery and heating bills continue to State of Maryland faces a $1 billion intimidation seek to marginalize en- skyrocket, and yet their wages remain shortfall for the next fiscal year, and tire groups of Americans—and it sim- stagnant. Millions of families do not cuts in programs and services are al- ply cannot be tolerated in a democratic know how they will make ends meet ready being planned. This bill would society. this winter. While they believe that have boosted state coffers by providing The freedom and opportunities in the something must be done to fix the a 4-percent increase in Federal help for United States are the envy of the problems in the credit markets, they State health care programs and $1.2 world. And while our Nation has made need and expect us to help them too. billion extra for the National Insti- significant strides in protecting minor- It has been a week since the Presi- tutes of Health, NIH, headquartered in ity groups, the recent event at George dent sent to Capitol Hill a three-page Bethesda, MD. This bill would have al- Fox is a reminder that the civil rights bill asking for unprecedented authority lowed NIH to award 3,300 new research struggle remains far from finished. to increase the American people’s debt grants to help discover new treatments I praise the actions of George Fox even further—to $11.3 trillion—and to and cures for devastating diseases. President Robin Baker for acting use that money solely to purchase Foreclosure rates are at the highest quickly to unite the campus in express- troubled assets from failing financial in our country’s history and home val- ing outrage to the act, and in urging institutions, while demanding no ac- ues are plummeting. This bill included students to show that the incident has countability from their executives. It $37.5 million for the Legal Services no place in our society. is no surprise that the American people Corporation to help families whose f have solidly rejected that plan. Bewil- homes are in foreclosure, $52 million dered, they ask Congress, ‘‘Where is IDAHOANS SPEAK OUT ON HIGH for the FHA to bolster its staff and re- the help for my family, for my commu- ENERGY PRICES sources to ensure that its mortgage nity?’’ Mr. CRAPO. Mr. President, in mid- fund remains solvent, $250 million to This week bipartisan efforts on the June, I asked Idahoans to share with help public housing agencies rehabili- bailout continue in the Senate and me how high energy prices are affect- tate vacant rental units, and $200 mil- House. We are working to craft a re- ing their lives, and they responded by lion to help families in rental housing sponsible plan to guarantee strong the hundreds. The stories, numbering who are displaced by foreclosure find oversight of the system that created well over 1,000, are heartbreaking and safe, affordable places to live. this disaster, limit exorbitant execu- touching. To respect their efforts, I am The Wall Street meltdown has vastly tive compensation and bonuses on Wall submitting every e-mail sent to me reduced the availability of credit for Street, and restore confidence in our through an address set up specifically our small businesses and endangered markets. But we also recognize that for this purpose to the CONGRESSIONAL the survival of many businesses. This much more must be done. RECORD. This is not an issue that will bill would have provided $200 million to Senate Majority Leader REID and Ap- be easily resolved, but it is one that de- support reduced-fee loans to small propriations Chairman BYRD have de- serves immediate and serious atten- businesses and $5 million to support veloped a thoughtful, comprehensive tion, and Idahoans deserve to be heard. microloans. package that will begin to help our en- Their stories not only detail their The defeat of the cloture vote today tire Nation recover. Regrettably, yes- struggles to meet everyday expenses, truly represents a missed opportunity terday 42 Republicans rejected efforts but also have suggestions and rec- to answer Americans’ call for aid. I to provide help beyond Wall Street. By ommendations as to what Congress can want to commend Majority Leader voting against the motion to proceed, do now to tackle this problem and find REID and Chairman BYRD for their they denied the Senate the opportunity solutions that last beyond today. I ask work in crafting this much needed bill. to even debate a plan for Americans’ unanimous consent to have today’s let- I would hope that before this Congress personal economic recovery. ters printed in the RECORD. The most recent statistics on em- adjourns, we will have the opportunity There being no objection, the mate- ployment and inflation reveal why to debate and pass this necessary meas- rial was ordered to be printed in the their choice was wrong and why an im- ure. RECORD, as follows: mediate and forceful response is need- f Instead of getting out the state crying ed. RACIAL INTIMIDATION towel and airing a lot of sob stories about The unemployment rate stands at 6.1 how people are suffering from high energy percent the highest rate since Sep- Mr. SMITH. Mr. President, I come to prices, why does not Congress start a mean- tember 2003. This bill would have ex- the floor today to speak about a recent ingful course toward reducing oil prices by tended unemployment benefits by 7 act of hate and intimidation in my doing the following: weeks for all States and by an addi- home State of Oregon. 1. Open some of the areas of known oil re- tional 13 weeks in high unemployment On Tuesday morning, September 23, serves that have been placed ‘‘off limits’’ by States, and it would have provided $300 2008, the custodial crew at George Fox irrational environmentalists bent on de- University found a life-size cardboard stroying this nation’s economy (it is work- million for employment and training ing, by the way) and encourage drilling in activities for dislocated workers. These cutout of Senator BARACK OBAMA hung such places as the ANWAR, the known oil funds would have helped more than by fishing wire from a tree on the cam- and coal fields in southern Utah, drilling off 79,000 people receive training, and job pus. Attached to the cutout was a sign the western coast of California (let the bas- search and career counseling. that read, ‘‘Act Six reject.’’ George Fox tards look at the Sierra Nevadas for scenery

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00120 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22635 if they do not believe they’ll like what they ing nuclear). It should have allowed, even en- I do not support increasing gas supplies. If see with national security pouring from off- couraged, more refineries. It should have al- our politicians weren’t so short-sighted, we shore rigs); lowed, even encouraged, the tapping of our would have plenty for our needs. 2. Encourage and authorize the construc- vast oil reserves. (If the intent was to save it Why do you suppose that Idahoans drive so tion of more refineries and decentralize them for a rainy day—that day is unquestionably much? Because we have no mass transit! If so that natural disasters (like Katrina) will here.) And it should have pursued ways of you really want to help your constituents, not do irreparable damage to the oil supply discouraging wasteful uses of energy. get them out of their cars. system of this nation; I can remember the day when Japan copied I have an 18-year-old son who is planning 3. Hasten the construction of new nuclear our inventions. Now Japan has taken the to attend BSU next year. We live right here reactors, even breeder reactors, for the safe lead in research and development. They are in Boise, and it is inexcusable that he will and clean production of electricity. There acting responsibly. They are on their way to not be able to rely on our bus system to get are plenty of open, remote areas in Idaho, mass producing a vehicle that will run (real- to campus. What if he has a night class? Nevada, Wyoming, Montana and Oregon to ly!) on nothing but water. What ever hap- What if he needs to be on campus on Sunday for study? What if he has a date and they place several high-capacity nuclear reactors pened to our Yankee ingenuity? Why did not would like to go out to the mall for a movie which would offer a significant bolster to Detroit think of this first? WILLARD, Boise. or to hang out with friends? power production and release oil for gasoline Wake up, Mr. Crapo—Idaho needs smart and diesel production instead of powering Because of rising energy costs, we have leaders who will make us energy independent filthy gas-guzzling electricity generation and it can start with a real transit system. plants; been driving less, biking more. We have started to implement changes to our busi- Oh, and how about some real incentives to 4. And lastly, but not least, trash the ill- get us off of oil? Like tax credits for solar so conceived corn-fed ethanol generation plan. ness whereby we will use less fossil fuel over- all. (My husband and I are artists who use a the average homeowner could actually afford What makes sense about using 1.2 gallons of it? Like major incentives for businesses that energy to produce a single gallon of ethanol? propane-fired furnace to produce our work.) We are marketing our artwork more locally support telecommuting? How about tax cuts Which idiots in your no longer august insti- for innovations like fuel cells and electric tution bought into that lunacy? instead of nationally because of high ship- ping costs. We are considering building a vehicles? ROBERT. greenhouse to grow some of our own food and SUSAN. have joined a Community Supported Farm. It seems the Senate and Congress have The biggest group to blame about high en- I do support diversifying our energy done nothing to help Americans when our ergy prices, Mr. Crapo, is you and your col- sources, especially wind, and solar and some way of life is being downgraded by high fuel, leagues in the United States Congress. Con- hydropower. I also support programs that taxes, groceries and many other things. It gress has put this country in a hole that it would encourage conservation and teach peo- seems the only thing they can pass is a pay quite possible can never dig itself out of. The ple about the real costs (war and pollution, raise for them, if their work performance unfriendly energy legislation that has been to name a few) of our energy consumption. was what a pay raise was based on, they passed over the years is unbelievable. You In addition, I would especially support any would not have had one for decades. They (Congress) have put the U.S. in a great secu- programs that include public transportation would be fired at any other job. There should rity risk, with our dependence on foreign as a priority; yes, even in Idaho. We have not be one power plant in our country using countries for our energy needs. Shame on public transportation over Teton Pass and in oil to make electricity. There should be a you all. France of all countries gets roughly Jackson, Wyoming, and it is widely used and tax credit and time limit on every household 80% of its power from nuclear energy. Ger- appreciated. There are also private shuttles that heats with oil to convert to electricity many plans on building 27 new coal fire that operate bringing people from southeast or something else. Why do we allow the cost plants by 2020. Yet, due to poor planning by Idaho to the Salt Lake City airport. They of natural gas and propane to climb along the U.S. government, those types of plants are very reasonable and also widely used. I with oil when we do have plenty of supplies? have absolutely no chance of getting built in also support any legislation which can en- There are so many things broken in our the U.S. today. The other powers in the courage the development and production of country while the Congress and Senate do world are just sitting back and watching us truly energy efficient vehicles, some kind of nothing that I wonder if there will be an crumble from within. The Energy policy or tax break for those who buy them for in- America in 20 years. lack there of is dandy; you push ethanol so stance. BARRY. now not only do we pay high prices for gas; I do not support drilling for oil in some of we pay high prices for food products. When our most pristine areas which support rare was the last time a refinery was built? The Hardest hit are Idahoans who have to drive wildlife. Once these areas are destroyed or to work every day in order to pay their bills, headaches the U.S. government has put in heavily impacted, they are gone forever. I do place make it impossible to build one. Why provide for their families and pay their not trust that mining in these areas would taxes, and I feel sorry for them. Not far be- should an oil company build one here when be done in an environmentally conscious they can do it in another country for less hind are senior citizens trying to make ends way. There is very little mining that is done meet. I worked 34 years with one company, hassle? consciously. The average American is getting killed by for which I am paid a modest monthly pen- I think the overall emphasis needs to be high energy prices and what has been done sion. That pension has not changed since my using less, rather than finding more oil. It is, by Congress to help? Absolutely nothing. retirement in 1980. And you know what has after all, a finite resource. We have essen- You sit in Washington and bicker back and happened to the cost of living since then. tially been living on borrowed time with re- forth like children. When will Congress real- ‘‘Skyrocketed’’ would a close one-word defi- gards to our consumption. ize that if you do not take action soon it will nition. I am fortunate that I do not have to MARY, Driggs. be too late? You need to absolutely treat drive every day, but I do have to drive to the this as a national security threat. Why doctor’s office, to the grocery store, to the We seem to be worry about just the cost of aren’t we pushing for hydrogen technology? pharmacy. I have cut out all pleasure travel gas, but it is going to affect everything we Car makers have cars ready but the infra- to such favorites as Cascade, McCall and Sun do, buy and consume. I am a single man and structure is not in place. We will spend $100 Valley. Can no longer afford air travel. I now on a tight budget. I am aware of what things billion in Iraq, but that money is better pay three times what I once paid for gaso- cost. I have even been seeing the cost of gro- spent in our own country building our hydro- line, and that increase has to come from ceries starting to inch up. Eventually every- gen infrastructure. Good job again boys! somewhere, right? It comes out of the gro- thing will go up in price and we in the US are When are you going to make our country the cery money, prescription drug costs, and liv- going to find ourselves not able to live as we priority? Obviously hydrogen technology is ing expenses, which are also on the rise. have for so many years. Spending will stop, not the only answer. We need legislation to I am sadly disappointed in our government businesses will cut back or even close their promote energy independence not legislation for allowing the U.S. to become dependent on doors, unemployment will go up and we will that hinders it. Middle Eastern countries for our most of our be just like any Third World country with its Everyone can see what our future looks energy needs. Now we are at their mercy, people literally starving to death. We the like under the current trend. You are put- and they are not big on mercy, as we have people of the United States have a false hope ting my children’s future in jeopardy with found out. Everybody saw this coming, but that government will come to the rescue. I inaction. How does it feel knowing that your nobody did anything about it. Big food dis- would hope so but, Mr. Crapo, I do not think generation is responsible for the destruction tributors could have and should have decen- you have the power any more to do so. I hope of the greatest country in the history of the tralized long ago. Instead of wasting money and pray that Congress are on their knees world? on ethanol, windmills, and finger-pointing, humbling yourselves and getting help and di- DAN. our government should have been busy solv- rection from above. ing its problems. It should have opened the A concerned citizen, I lived in rural Idaho and enjoyed a won- way to real alternate energy sources (includ- MAC. derful place out in the Lake Lowell area. We

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00121 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22636 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 had a park-like setting out in the country heat our home this last winter was approxi- huge increase in costs. This has greatly in- with farm fields all around us. It was quiet mately $2,800 as the price of propane has in- creased my credit card debt, and continues and peaceful, a great place to raise the kids. creased dramatically. That is close to a to increase my payments on my credit cards, The drawbacks were becoming too detri- $1,000 more than the previous year, even with with no end in sight. I am not getting any mental to overcome. Along with all the ad- the thermostat set at 69 degrees. I have con- pay raises at work due to economy, and my vantages to living out there, the disadvan- sidered purchasing electric heaters instead wife has taken extra jobs to help make ends tages started to add up. They were not dis- of using my propane forced air furnace meet yet we are still falling behind. I owed advantages until we got into a stupid war (which is only 5 years old and quite effi- next to zero on my credit cards a year and a with the Middle East. We have had one after cient). However, with the loss of the BPA half ago; I now have over $12,000 related another setback with the refineries due to credit on our power bills and the talk of 25- mostly to the increase in cost of fuel. Why natural occurrences and ‘‘scheduled mainte- 45% increases in electricity cost, I am not cannot we reintroduce 55 mph speed limits? nance’’ taking the refineries offline. I lived sure this will help very much. This would greatly cut down the demand for five miles to the closest grocery store, so I I would like to respectfully suggest that fuel, which should decrease the cost. would call my wife every day before return- you as members of the Senate look at ways REX, Rigby. ing home to combine a trip. The kids had to to provide some relief to those of us in the go seven miles one way to school (my wife West where long distances prohibit other Although we were warned in the early does not trust the bus companies since they means of getting around other than driving. eighties, there was no effort made to correct do not offer seatbelts (another hard thing to I would respectfully suggest that legislation our path. We are seeing the repercussions of take—the seatbelt law). I rode the commuter be presented that would remove some of the past failures to act on this threat. Although bus from Nampa into Boise. It was very in- environmental restrictions so the oil compa- the cost of energy is a serious detriment to convenient; I had to drive a ways to catch nies can increase their refining capabilities the economic stability of America, I still be- any buses, and then they only operate during and be allowed to drill in areas with known lieve that the invasion of our country by a two-hour window in the AM and the PM. oil reserves which would increase supply, re- Mexican nationals in the future will prove to I ended up selling my house, moving to duce costs and dependence on foreign sources be a far more serious problem. Still our Con- Boise and eliminating my commute. We of oil. This would be only a short-term fix gress deals with the use of steroids and other rarely drive any more. It is not that we can- and I would suggest that the Senate also trivial matters, rather than dealing with im- not now afford it, but things are close look at increasing funding for research or in- migration, Social Security and national se- enough to reach by walking. It certainly is centives to encourage development of alter- curity. As today’s youth would ask—what is not because we improved our public trans- native sources of energy that will reduce the up with that? portation situation. I still have to walk a need to rely on oil (i.e. nuclear energy, wind BILL. quarter-mile to the closest bus stop, and I and solar power, increasing hydro power gen- f live on Curtis Road between Northview and eration, hydrogen fuel cell technology, syn- Fairview. The problem with this bus system thetic fuel production from coal, methane ADDITIONAL STATEMENTS is the lack of it. When I was commuting, I generators utilizing the methane from old had extensive contact with the management landfills, etc.). and people involved in public transportation, With the demand from China and other BOYER VALLEY COMMUNITY rapidly developing countries continuing to trying to understand it. Literally, nobody EDUCATION knew what was going on outside of the level climb which reduces supplies of oil available they worked, up or down, within any aspect for us, this problem is going to continue to ∑ Mr. HARKIN. Mr. President, in Iowa of that operation. I could go on and on the escalate exponentially. We are already be- and across the United States, a new issues I raised with them, offering ways to hind the curve and, even if we act quickly, school year has begun. As you know, increase funding, ridership, the like. All shot the problem is still years away from improv- Iowa public schools have an excellent ing. The time for sitting on our hands is down with excuses. I had even contacted the reputation nationwide, and Iowa stu- County Commissioners, the City Commis- past. We need to act quickly to protect our sioners. Nothing but excuses. Idaho does not countries way of life, economy, defense, and dents’ test scores are among the high- want to fix it, and they will not. It will take to make sure our kids have the energy re- est in the Nation. a major commitment by City, County, and sources they need in the future. I would like to take just a few min- State officials. They even fought about who TOM, Clifton. utes today to salute the dedicated had the right to widen Ustick Road. The teachers, administrators, and school County and the State fighting over territory I am not telling you something that you do board members in the Boyer Valley (ridiculous). not already know. Our country, including Community School District, and to re- My thoughts and comments may not ap- Idaho, is very dependent on transportation port on their participation in a unique pear too concise, but I have fought this fight for survival. Most everything we sell needs and met resistance and stupidity on every to move out of Idaho and everything we use Federal partnership to repair and mod- level trying to make it better. I ask the needs to be brought in, and we pay the ernize school facilities. questions and get ridiculous answers. They freight both ways. When the transportation This fall marks the 10th year of the forward my emails around commenting to system collapses due to high fuel costs, the Iowa Demonstration Construction each other, ‘‘I am glad this was not directed economy will collapse also. We need to get Grant Program. That is its formal at me!’’ Very frustrating, but if you can do our act together and develop our own oil re- name, but it is better known among anything about public transportation, [I serves and refineries, if it is not too late. We educators in Iowa as the program of would appreciate it]. need to develop nuclear power, if it is not too Harkin grants for Iowa public schools. JAMES. late. Our crisis is real, and it seems that Washington is just sitting around waiting. Since 1998, I have been fortunate to se- I would like to express my concerns re- Our food supply is a national security issue cure a total of $121 million for the garding energy prices. I live in a rural com- and energy is the cornerstone of everything State government in Iowa, which se- munity in southeast Idaho where everything is enjoyed and need. lects worthy school districts to receive is miles away. We have to drive a minimum Thanks for all you do, these grants for a range of renovation of 20 miles each way to just get to the gro- RALPH, Island Park. and repair efforts—everything from up- cery store and back. As there is no industry dating fire safety systems to building in our area, I also commute over 120 miles We are all affected because of the inaction new schools or renovating existing fa- round trip to work every day. The housing or our elected representatives. There have market in rural Idaho is also depressed, been no efforts to correct our dependence on cilities. In many cases, this Federal which precludes me from selling to move oil from others. The same with our drug funding is used to leverage public and/ closer to work. In addition, since the food at costs!!! We have been sold out to the chemi- or private local funding, so it often has the store needs to be trucked a long way; the cals Companies in this country; there is no a tremendous multiplier effect in a cost of diesel is being passed through as in- way that they should be so high. We must go local school district. creased prices in the store upping our food to Mexico, Canada and India to get our meds. The Boyer Valley Community School bill. The cost of our gas is up over $100 per Do something please about these problems. District received a 2002 Harkin grant month compared to last year making a se- Because of the greedy, this country is going totaling $1 million which it used to vere impact on our family’s budget, leaving to socialism. little extra for other purchases. MARLIN. help build an addition to the school in In addition to this, we have to heat with Dow City to provide a multipurpose propane as that and electricity is the only I have to put almost all of my gas pur- room that could be used by the commu- sources of heat available. Our propane bill to chases on my credit cards because of the nity as well as the school. The district

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00122 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22637 collaborated with the City of Dunlap to I would like to take just a few min- the week go to school in rundown or build an addition to the middle/high utes today to salute the dedicated antiquated facilities. This sends ex- school to house the community/school teachers, administrators, and school actly the wrong message to our young library. This school is a modern, state- board members in the Columbus Com- people about our priorities. We have to of-the-art facility that befits the edu- munity School District, and to report do better. cational ambitions and excellence of on their participation in a unique Fed- That is why I am deeply grateful to this school district. Indeed, it is the eral partnership to repair and mod- the professionals and parents in the Co- kind of school facility that every child ernize school facilities. lumbus Community School District. in America deserves. The district also This fall marks the 10th year of the There is no question that a quality received a $25,000 fire safety grant. Iowa Demonstration Construction public education for every child is a Excellent schools do not just pop up Grant Program. That is its formal top priority in that community. I sa- like mushrooms after a rain. They are name, but it is better known among lute them, and wish them a very suc- the product of vision, leadership, per- educators in Iowa as the program of cessful new school year.∑ sistence, and a tremendous amount of Harkin grants for Iowa public schools. f collaboration among local officials and Since 1998, I have been fortunate to se- DAVENPORT COMMUNITY concerned citizens. I salute the entire cure a total of $121 million for the EDUCATION staff, administration, and governance State government in Iowa, which se- ∑ in the Boyer Valley Community School lects worthy school districts to receive Mr. HARKIN. Mr. President, in Iowa District. In particular, I would like to these grants for a range of renovation and across the United States, a new recognize the leadership of the board of and repair efforts—everything from up- school year has begun. As you know, Iowa public schools have an excellent education—Ken Dunham, Pat Putnam, dating fire safety systems to building reputation nationwide, and Iowa stu- Julie Wood, Steve Puck, Paul Klein, new schools or renovating existing fa- dents’ test scores are among the high- Mark McAllister, and Randy Mitchell, cilities. In many cases, this Federal est in the Nation. funding is used to leverage public and/ and former board members Roger I would like to take just a few min- Waderich, Theresa McAllister, Ruth or private local funding, so it often has utes today to salute the dedicated Sherwood, Sam Cogdill, Sam Head, and a tremendous multiplier effect in a teachers, administrators, and school Jane Davie as well as superintendent local school district. board members in the Davenport Com- The Columbus Community School Thomas Vint and former super- munity School District, and to report District received a 2004 Harkin grant intendent Debra Johnsen. I would also on their participation in a unique Fed- totaling $500,000 which it used to help like to recognize the city of Dow City eral partnership to repair and mod- and mayor Ace Ettleman, the city of replace the heating and cooling system ernize school facilities. Dunlap and treasurer Dwaine Hack and with a geothermal system at the high This fall marks the 10th year of the the late mayor Giles Lacey and the school. Additionally, in 1998 and 1999, Iowa Demonstration Construction committee that worked to pass the fire safety grants totaling $50,000 were Grant Program. That is its formal bond referendum for the new schools. used to update the electrical wiring name, but it is better known among As we mark the 10th anniversary of and the installation of new alarm sys- educators in Iowa as the program of the Harkin school grant program in tems and fire doors at the middle and Harkin grants for Iowa public schools. Iowa, I am obliged to point out that high schools. The Federal grants have Since 1998, I have been fortunate to se- many thousands of school buildings made it possible for the district to pro- cure a total of $121 million for the and facilities across the United States vide quality and safe schools for their State government in Iowa, which se- are in dire need of renovation or re- students. lects worthy school districts to receive placement. In my State of Iowa alone, Excellent schools do not just pop up these grants for a range of renovation according to a recent study, some 79 like mushrooms after a rain. They are and repair efforts—everything from up- percent of public schools need to be up- the product of vision, leadership, per- dating fire safety systems to building graded or repaired. The harsh reality is sistence, and a tremendous amount of new schools or renovating existing fa- that the average age of school build- collaboration among local officials and cilities. In many cases, this Federal ings in the United States is nearly 50 concerned citizens. I salute the entire funding is used to leverage public and/ years. staff, administration, and governance or private local funding, so it often has Too often, our children visit ultra- in the Columbus Community School a tremendous multiplier effect in a modern shopping malls and gleaming District. In particular, I would like to local school district. sports arenas on weekends, but during recognize the leadership of the board of The Davenport Community School the week go to school in rundown or education, Mike Braun, Marsha Gerot, District received a 2000 Harkin grant antiquated facilities. This sends ex- Ed Smith, Dan Peters, and Georgia totaling $500,000 which it used to help actly the wrong message to our young Kost. I would also like to recognize su- build a gym addition and for interior people about our priorities. We have to perintendent Richard Bridenstine and remodeling at Smart Intermediate do better. staff members including Tanya Purdy, School. A second Harkin Grant was That is why I am deeply grateful to Todd Heck and Mike Jay, and the com- awarded to the district in 2003 for the professionals and parents in the munity leadership of Mark Huston and $399,000. Matching funds were available Boyer Valley Community School Dis- Wade Edwards. through the passage of a Local Options trict. There is no question that a qual- As we mark the 10th anniversary of Sales and Service Tax. The remodeling ity public education for every child is a the Harkin School Grant program in of classrooms and improvements to the top priority in that community. I sa- Iowa, I am obliged to point out that media center at Harrison Elementary lute them, and wish them a very suc- many thousands of school buildings School were made possible by the com- cessful new school year.∑ and facilities across the United States bination of these funds. Additionally, f are in dire need of renovation or re- between 2000 and 2005, the Davenport placement. In my State of Iowa alone, Community School District has re- COLUMBUS COMMUNITY according to a recent study, some 79 ceived more than $900,000 in fire safety EDUCATION percent of public schools need to be up- grants. Early warning systems, fire ∑ Mr. HARKIN. Mr. President, in Iowa graded or repaired. The harsh reality is alarms and emergency lighting were and across the United States, a new that the average age of school build- installed in school buildings through school year has begun. As you know, ings in the United States is nearly 50 the district to assure the health and Iowa public schools have an excellent years. safety of students, teachers and staff. reputation nationwide, and Iowa stu- Too often, our children visit ultra- The Federal grants have made it pos- dents’ test scores are among the high- modern shopping malls and gleaming sible for the district to provide quality est in the Nation. sports arenas on weekends, but during and safe schools for their students.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00123 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22638 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 Excellent schools do not just pop up board members in the Storm Lake Too often, our children visit ultra- like mushrooms after a rain. They are Community School District, and to re- modern shopping malls and gleaming the product of vision, leadership, per- port on their participation in a unique sports arenas on weekends, but during sistence, and a tremendous amount of Federal partnership to repair and mod- the week go to school in rundown or collaboration among local officials and ernize school facilities. antiquated facilities. This sends ex- concerned citizens. I salute the entire This fall marks the 10th year of the actly the wrong message to our young staff, administration, and governance Iowa Demonstration Construction people about our priorities. We have to in the Davenport Community School Grant Program. That is its formal do better. District. In particular, I would like to name, but it is better known among That is why I am deeply grateful to recognize the leadership of the current educators in Iowa as the program of the professionals and parents in the board of education including Patt Harkin grants for Iowa public schools. Storm Lake Community School Dis- Zamora, Larry Roberson, Richard Since 1998, I have been fortunate to se- trict. There is no question that a qual- Clewell, Nikki DeFauw, Ralph cure a total of $121 million for the ity public education for every child is a Johanson, Ken Krumwiede and Tim State government in Iowa, which se- top priority in that community. I sa- Tupper and former board members lects worthy school districts to receive lute them, and wish them a very suc- Denise Hollonbeck, Jamie Howard, these grants for a range of renovation cessful new school year.∑ and repair efforts—everything from up- Steve Imming, Gary Kleinschmidt, f Susan Low and the late Jim Hester. I dating fire safety systems to building new schools or renovating existing fa- VAN BUREN COMMUNITY would also like to recognize super- cilities. In many cases, this Federal EDUCATION intendent Julio Almanza, former super- funding is used to leverage public and/ intendent Jim Blanche and several ∑ Mr. HARKIN. Mr. President, in Iowa or private local funding, so it often has other members of the administration and across the United States, a new a tremendous multiplier effect in a and support staff, Christie Wallace school year has begun. As you know, local school district. Iowa public schools have an excellent Noring, Linda Doran, Marsha Tangen, The Storm Lake Community School Tom Wagner, Howard Hunigan, Bill reputation nationwide, and Iowa stu- District received several Harkin fire dents’ test scores are among the high- Good, Donna Cooper, Kris Kleinsmith, safety grants totaling $221,274 which it Marti Timmerman, Rachael Mullins, est in the nation. used to upgrade fire alarm systems at I would like to take just a few min- Tom Hunt, Karen Farley, Linda Smith East Elementary and the Storm Lake Kortemeyer, the late Jane Grady and utes today to salute the dedicated High School; install fire detection sys- teachers, administrators, and school the late David Lane; and the commit- tems at West and North Elementary board members in the Van Buren Com- ment of community leaders like Dan Schools; and bring district facilities munity School District, and to report Portes and Dave and Peggy Iglehart. into fire inspection compliance on their participation in a unique Fed- As we mark the 10th anniversary of through installation of emergency eral partnership to repair and mod- the Harkin school grant program in lighting, electrical upgrades made nec- ernize school facilities. Iowa, I am obliged to point out that essary due to expanding technology This fall marks the 10th year of the many thousands of school buildings needs, and installation of fire safety Iowa Demonstration Construction and facilities across the United States doors and stairwell separators. The Grant Program. That is its formal are in dire need of renovation or re- Federal grants have made it possible name, but it is better known among placement. In my State of Iowa alone, for the district to provide quality and educators in Iowa as the program of according to a recent study, some 79 safe schools for their students. percent of public schools need to be up- Excellent schools do not just pop up Harkin grants for Iowa public schools. graded or repaired. The harsh reality is like mushrooms after a rain. They are Since 1998, I have been fortunate to se- that the average age of school build- the product of vision, leadership, per- cure a total of $121 million for the ings in the United States is nearly 50 sistence, and a tremendous amount of State government in Iowa, which se- years. collaboration among local officials and lects worthy school districts to receive Too often, our children visit ultra- concerned citizens. I salute super- these grants for a range of renovation modern shopping malls and gleaming intendent Paul Tedesco and the entire and repair efforts—everything from up- sports arenas on weekends, but during staff, administration, and governance dating fire safety systems to building the week go to school in rundown or in the Storm Lake Community School new schools or renovating existing fa- antiquated facilities. This sends ex- District. In particular, I would like to cilities. In many cases, this Federal actly the wrong message to our young recognize the leadership of the board of funding is used to leverage public and/ people about our priorities. We have to education—Dan Douglas, Barb Seiler, or private local funding, so it often has do better. Leslie Cutler, Ed McKenna, and Todd a tremendous multiplier effect in a That is why I am deeply grateful to Nicholson. Former superintendent Dr. local school district. the professionals and parents in the Bill Kruse was also instrumental in the The Van Buren Community School Davenport Community School District. application and implementation of the District received a 2002 Harkin grant There is no question that a quality grants, and public safety director Mark totaling $837,000. These funds were used public education for every child is a Prosser and Storm Lake fire chief to build a school library which is also top priority in that community. I sa- Mike Jones supported the district’s ef- available to the community, a lunch- lute them, and wish them a very suc- forts by assisting in the assessment room, an art and music room and a cessful new school year.∑ and identification of fire safety needs meeting space at the Douds Elemen- f of the district. tary School. With a financial commit- As we mark the 10th anniversary of ment from the community through the STORM LAKE COMMUNITY the Harkin school grant program in passage of a local option sales tax and EDUCATION Iowa, I am obliged to point out that a contribution from the Van Buren ∑ Mr. HARKIN. Mr. President, in Iowa many thousands of school buildings Foundation, the Douds Elementary and across the United States, a new and facilities across the United States School created a safe and supportive school year has begun. As you know, are in dire need of renovation or re- learning environment. Iowa public schools have an excellent placement. In my State of Iowa alone, In 2003, a second Harkin grant for reputation nationwide, and Iowa stu- according to a recent study, some 79 $500,000 was awarded to the Van Buren dents’ test scores are among the high- percent of public schools need to be up- School District. Matching funds came est in the nation. graded or repaired. The harsh reality is from a generous donation from the Wil- I would like to take just a few min- that the average age of school build- liam M. and Donna J. Hoaglin Founda- utes today to salute the dedicated ings in the United States is nearly 50 tion. The funds were used for the re- teachers, administrators, and school years. modeling of the art and music room at

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00124 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22639 Stockport Elementary School, and to WEST DELAWARE COUNTY As we mark the 10th anniversary of add another pre-school classroom at COMMUNITY EDUCATION the Harkin school grant program in the Birmingham Early Childhood Cen- ∑ Mr. HARKIN. Mr. President, in Iowa Iowa, I am obliged to point out that ter. These schools are the modern, and across the United States, a new many thousands of school buildings state-of-the-art facilities that befit the school year has begun. As you know, and facilities across the United States educational ambitions and excellence Iowa public schools have an excellent are in dire need of renovation or re- of this school district. Indeed, they are reputation nationwide, and Iowa stu- placement. In my State of Iowa alone, the kind of schools that every child in dents’ test scores are among the high- according to a recent study, some 79 America deserves. est in the Nation. percent of public schools need to be up- Excellent schools do not just pop up I would like to take just a few min- graded or repaired. The harsh reality is like mushrooms after a rain. They are utes today to salute the dedicated that the average age of school build- the product of vision, leadership, per- teachers, administrators, and school ings in the United States is nearly 50 sistence, and a tremendous amount of board members in the West Delaware years. collaboration among local officials and County Community School District, Too often, our children visit ultra- concerned citizens. I salute the entire and to report on their participation in modern shopping malls and gleaming staff, administration, and governance a unique Federal partnership to repair sports arenas on weekends, but during in the Van Buren Community School and modernize school facilities. the week go to school in rundown or District. In particular, I would like to This fall marks the 10th year of the antiquated facilities. This sends ex- recognize the leadership of the board of Iowa Demonstration Construction actly the wrong message to our young education—Tony Huffman, Terry Jest- Grant Program. That is its formal people about our priorities. We have to er, Dick Hornberg, Sheila Parsons, name, but it is better known among do better. Stan Whitten, Karen McEntee and educators in Iowa as the program of That is why I am deeply grateful to Brian Starnes and former board mem- Harkin grants for Iowa public schools. the professionals and parents in the bers Jon Finney, Dixie Daugherty, Since 1998, I have been fortunate to se- West Delaware County Community Jean McIntosh, Monte Humble, Bill cure a total of $121 million for the School District. There is no question Shewmaker and Dr. Tim Blair. I would State government in Iowa, which se- that a quality public education for also like to recognize superintendent lects worthy school districts to receive every child is a top priority in that Karen Stinson, former superintendent these grants for a range of renovation community. I salute them, and wish Richard Barton and principal Charles and repair efforts—everything from up- them a very successful new school Russell. dating fire safety systems to building year.∑ new schools or renovating existing fa- The projects would not have been f possible without the financial support cilities. In many cases, this Federal of two local foundations and I would funding is used to leverage public and/ WOODBINE COMMUNITY like to recognize the board of directors or private local funding, so it often has EDUCATION of the Hoaglin Foundation; and the a tremendous multiplier effect in a local school district. ∑ Mr. HARKIN. Mr. President, in Iowa Van Buren Foundation board of direc- and across the United States, a new tors, whose members include Art The West Delaware County Commu- nity School District received several school year has begun. As you know, Ovrom, Dean Folker, Jon Finney, B.R. Iowa public schools have an excellent Poole, Steve Kisling, Rex Strait, Sandy Harkin fire safety grants totaling $270,199 which it used to upgrade the reputation nationwide, and Iowa stu- McLain, Davis Pollock, Rich Lytle, dents’ test scores are among the high- Jim Dorothy, Butch Gates, Matt Man- fire alarm system and improve emer- gency lighting and other items at the est in the Nation. ning, Jeanne Erickson, John O. Man- I would like to take just a few min- ning, Don VonSeggen, Pat Miller, high school and middle school as well as add fire rated doors and smoke and utes today to salute the dedicated George Manning, Mary J. Smith, Allen teachers, administrators, and school Gunn and Crystal Cronk. heat detectors at Lambert Elementary School. The Federal grants have made board members in the Woodbine Com- As we mark the 10th anniversary of it possible for the district to provide munity School District, and to report the Harkin school grant program in quality and safe schools for their stu- on their participation in a unique Fed- Iowa, I am obliged to point out that dents. eral partnership to repair and mod- many thousands of school buildings Excellent schools do not just pop up ernize school facilities. and facilities across the United States like mushrooms after a rain. They are This fall marks the 10th year of the are in dire need of renovation or re- the product of vision, leadership, per- Iowa Demonstration Construction placement. In my State of Iowa alone, sistence, and a tremendous amount of Grant Program. That is its formal according to a recent study, some 79 collaboration among local officials and name, but it is better known among percent of public schools need to be up- concerned citizens. I salute the super- educators in Iowa as the program of graded or repaired. The harsh reality is intendent Bob Cue and the entire staff, Harkin grants for Iowa public schools. that the average age of school build- administration, and governance in the Since 1998, I have been fortunate to se- ings in the United States is nearly 50 West Delaware County Community cure a total of $121 million for the years. School District. In particular, I would State government in Iowa, which se- Too often, our children visit ultra- like to recognize the leadership of the lects worthy school districts to receive modern shopping malls and gleaming board of education—president Elwyn these grants for a range of renovation sports arenas on weekends, but during Curtis, Mike Ryan, Steve Dudak, and repair efforts—everything from up- the week go to school in rundown or Cheryl Stufflebeam and Linda Bessey, dating fire safety systems to building antiquated facilities. This sends ex- as well as past members former presi- new schools or renovating existing fa- actly the wrong message to our young dent Dan Zumbach, Mike Carr, Ilona cilities. In many cases, this Federal people about our priorities. We have to Durey, Gary Johnson, Jack Young, and funding is used to leverage public and/ do better. Edith Fortmann-Comley. or private local funding, so it often has That is why I am deeply grateful to Other dedicated district staff who a tremendous multiplier effect in a the professionals and parents in the were instrumental in the success of the local school district. Van Buren Community School District. grant implementation whom I would The Woodbine Community School There is no question that a quality also like to recognize are the late su- District received several Harkin grants public education for every child is a perintendent Rick Hilbert, business totaling $1,138,670 which it used to help top priority in that community. I sa- manager Ron Goerdt, building and build a new school, renovate existing lute them, and wish them a very suc- grounds director Ron Swartz, and tech- classrooms, and make fire safety re- cessful new school year.∑ nology coordinator Ron Struble. pairs throughout the district. This

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00125 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22640 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 school is a modern, state-of-the-art fa- Bobby has overseen many changes to Mrs. Cole, one of its reading clerks, an- cility that befits the educational ambi- the city. As a retired field commander nounced that the Speaker has signed tions and excellence of this school dis- of the tactical operations unit of the the following enrolled bills: trict. Indeed, it is the kind of school fa- Birmingham Police Department, it was H.R. 6890. An act to extend the waiver au- cility that every child in America de- critical to Bobby that he provide local thority for the Secretary of Education under serves. To accomplish this comprehen- law enforcement with the tools needed section 105 of subtitle A of title IV of divi- sive plan to modernize schools to do their jobs effectively. Bobby suc- sion B of Public Law 109–148, relating to ele- throughout the district, the citizens in cessfully expanded the Pelham Police mentary and secondary education hurricane the school district passed a bond issue Department, adding a traffic unit, tac- recovery relief, and for other purposes. for $5.1 million. tical operation unit, school resource of- H.R. 6894. An act to extend and reauthorize Excellent schools do not just pop up ficers and installing computers in all the Defense Production Act of 1950, and for other purposes. like mushrooms after a rain. They are patrol cars. The bills were subsequently signed by the the product of vision, leadership, per- It was also under his direction that President pro tempore (Mr. BYRD). sistence, and a tremendous amount of Pelham erected four new fire stations f collaboration among local officials and and a new public safety building to concerned citizens. I salute the entire house the police department and the ENROLLED BILLS SIGNED staff, administration, and governance municipal court. During his tenure, At 12:04 p.m., a message from the in the Woodbine Community School Mayor Hayes also was instrumental in House of Representatives, delivered by District. In particular, I would like to the building of the Pelham Civic Com- Mr. Zapata, one of its reading clerks, recognize the leadership of the board of plex and Pelham Senior Center. Bobby announced that the Speaker has signed education—Amy Sherer, Mike Staben, also ensured that the Pelham sewer the following enrolled bills: Joanna Shaw, Todd Heistand, and system and new sewer plant were com- S. 1046. An act to modify pay provisions re- Amber Nelson and former board mem- pleted and increased the city’s water lating to certain senior-level positions in the bers Joe Ball, Ryan Sullivan, Randall supply and storage facilities. Federal Government, and for other purposes. Pryor, Cheryl Book, Alan Ronk, A strong supporter of education and S. 2606. An act to reauthorize the United Lynnette Lee, Patricia Skrain, and academics, Bobby oversaw the expan- States Fire Administration, and for other Alan Ahrenholtz. I would also like to sion and renovation of the Pelham purposes. recognize superintendent Tom Vint, Public Library. Since then, it has be- H.R. 1343. An act to amend the Public Health Service Act to provide additional au- former superintendent Dr. Terry Haz- come one of only four public libraries thorization of appropriations for the health ard, former high school principal Deb in the State the Alabama Library As- centers program under section 330 of such Johnsen, Jim Berg with BVH Archi- sociation recognized for excellence in Act, and for other purposes. tects and the members of the steering library service. In 2005, the library be- H.R. 2851. An act to amend the Employee committee responsible for passage of came the recipient of prestigious Blue Retirement Income Security Act of 1974, the the bond referendum. Ribbon Library status. Public Health Service Act, and the Internal As we mark the 10th anniversary of While many people think that the Revenue Code of 1986 to ensure that depend- the Harkin school grant program in service Bobby contributes each day as ent students who take a medically necessary Iowa, I am obliged to point out that mayor of Pelham is enough, he thinks leave of absence do not lose health insurance coverage, and for other purposes. many thousands of school buildings otherwise. An avid leader, Bobby has H.R. 6092. An act to designate the facility and facilities across the United States been involved in many State commit- of the United States Postal Service located are in dire need of renovation or re- tees and one national committee. In at 101 Tallapoosa Street in Bremen, Georgia, placement. In my State of Iowa alone, 2004, he was elected vice-president of as the ‘‘Sergeant Paul Saylor Post Office according to a recent study, some 79 the Alabama League of Municipalities Building’’. percent of public schools need to be up- and in 2005 he rose to serve as presi- H.R. 6370. An act to transfer excess Federal graded or repaired. The harsh reality is dent. Bobby also represents the mayors property administered by the Coast Guard to that the average age of school build- the Confederated Tribes of the Coos, Lower of the 6th Congressional District to the Umpqua, and Siuslaw Indians. ings in the United States is nearly 50 State of Alabama Housing Finance Au- years. The enrolled bills were subsequently signed thority. by the President pro tempore (Mr. BYRD). Too often, our children visit ultra- Additionally, Bobby has held mem- modern shopping malls and gleaming berships with organizations such as the f sports arenas on weekends, but during Alabama League Committee on State ENROLLED BILLS SIGNED the week go to school in rundown or and Federal Legislation, National At 1:27 p.m., a message from the House of antiquated facilities. This sends ex- League of Cities Public Safety and Representatives, delivered by Mrs. Cole, one actly the wrong message to our young Crime Prevention Policy Committee, of its reading clerks, announced that the people about our priorities. We have to the Greater Shelby County Chamber of Speaker has signed the following enrolled do better. Commerce, and the Alabama City/ bills: That is why I am deeply grateful to County Management Association. S. 1382. An act to amend the Public Health the professionals and parents in the Bobby is married to Judith Lance Service Act to provide for the establishment Woodbine Community School District. Hayes. Together, they have three chil- of an Amyotrophic Lateral Sclerosis Reg- There is no question that a quality dren and nine grandchildren. istry. public education for every child is a As Bobby embarks on another phase S. 1810. An act to amend the Public Health top priority in that community. I sa- Service Act to increase the provision of sci- in his life, he will be remembered for entifically sound information and support lute them, and wish them a very suc- his dedication and many contributions ∑ services to patients receiving a positive test cessful new school year. to the city of Pelham’s ongoing pros- diagnosis for Down syndrome or other pre- f perity and advancement. I wish him natally and postnatally diagnosed condi- TRIBUTE TO BOBBY HAYES much luck in his future endeavors, and tions. I ask this entire Senate to join me in S. 2932. An act to amend the Public Health ∑ Mr. SHELBY. Mr. President, today I recognizing and honoring the life and Service Act to reauthorize the poison center pay tribute to Bobby Hayes, who has national toll-free number, national media career of my good friend Bobby Hayes.∑ dedicated over 24 years of his life to campaign, and grant program to provide as- public service. In October of this year, f sistance for poison prevention, sustain the when Bobby steps down as mayor of the MESSAGES FROM THE HOUSE funding of poison centers, and enhance the public health of people of the United States. city of Pelham, AL, he will leave be- S. 3009. An act to designate the Federal Bu- hind a legacy of leadership and service ENROLLED BILLS SIGNED reau of Investigation building under con- to his community. struction in Omaha, Nebraska, as the ‘‘J. For 24 years, Bobby has served as the At 9:32 a.m., a message from the James Exon Federal Bureau of Investigation mayor of Pelham. Over those years, House of Representatives, delivered by Building’’.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00126 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22641 H.R. 4120. An act to amend title 18, United 62) to honor the achievements and con- relative to the Navajo Electrification Dem- States Code, to provide for more effective tributions of Native Americans to the onstration Program; to the Committee on prosecution of cases involving child pornog- United States, and for other purposes. Energy and Natural Resources. raphy, and for other purposes. EC–8075. A communication from the Attor- H.R. 5975. An act to designate the facility f ney, Office of Assistant General Counsel for of the United States Postal Service located Legislation and Regulatory Law, Depart- at 101 West Main Street in Waterville, New MEASURES READ THE FIRST TIME ment of Energy, transmitting, pursuant to York, as the ‘‘Cpl. John P. Sigsbee Post Of- The following bill was read the first law, the report of a rule entitled ‘‘Coordina- fice’’. time: tion of Federal Authorizations for Electric H.R. 6437. An act to designate the facility Transmission Facilities’’ (RIN1901–AB18) re- of the United States Postal Service located S. 3646. A bill to authorize and expedite ceived on September 25, 2008; to the Com- at 200 North Texas Avenue in Odessa, Texas; lease sales within the outer Continental mittee on Energy and Natural Resources. as the ‘‘Corporal Alfred Mac Wilson Post Of- Shelf, and for other purposes. EC–8076. A communication from the Acting fice’’. f Chief of Regulatory Affairs, Bureau of Land The enrolled bills were subsequently signed Management, Department of the Interior, by the President pro tempore (Mr. BYRD). EXECUTIVE AND OTHER transmitting, pursuant to law, the report of COMMUNICATIONS a rule entitled ‘‘Minerals Management: Ad- justment of Cost Recovery Fees’’ (RIN1004– At 3:18 p.m., a message from the The following communications were House of Representatives, delivered by AE01) received on September 25, 2008; to the laid before the Senate, together with Committee on Energy and Natural Resources Mr. Zapata, one of its reading clerks, accompanying papers, reports, and doc- EC–8077. A communication from the Acting announced that the House has passed uments, and were referred as indicated: Assistant Secretary, Legislative Affairs, De- the following bills, in which it requests EC–8068. A communication from the Dep- partment of State, transmitting, pursuant to the concurrence of the Senate: uty Secretary of Defense, transmitting, pur- law, a report relative to the actions taken by H.R. 1283. An act to amend the Public suant to law, a report of an amendment to the Department in response to the program Health Service Act to provide for arthritis the list of payment-in-kind projects required recommendations of the Khartoum, Sudan research and public health, and for other by U.S. Army Europe; to the Committee on Accountability Review Board; to the Com- purposes. Armed Services. mittee on Foreign Relations. H.R. 6999. An act to restructure the Coast EC–8069. A communication from the Assist- EC–8078. A communication from the Acting Guard Integrated Deepwater Program, and ant Secretary of the Navy (Installations and Assistant Secretary, Legislative Affairs, De- for other purposes. Environment), transmitting, pursuant to partment of State, transmitting, pursuant to H.R. 7112. An act to impose sanctions with law, a report relative to the notification of law, a report on the review and determina- respect to Iran, to provide for the divestment the initiation of a public-private competi- tion of International Atomic Energy Agency of assets in Iran by State and local govern- tion for the laundry/dry cleaning function activities in countries described in Section ments and other entities, and to identify lo- being performed by twenty-one civilian em- 307(a) of the Foreign Assistance Act; to the cations of concern with respect to trans- ployees located at Marine Corps Recruit Committee on Foreign Relations. EC–8079. A communication from the Acting shipment, reexportation, or diversion of cer- Depot, Parris Island, South Carolina; to the Assistant Secretary, Legislative Affairs, De- tain sensitive items to Iran. Committee on Armed Services. partment of State, transmitting, pursuant to EC–8070. A communication from the Assist- The message also announced that the law, a report relative to the proposed trans- ant Secretary for Export Administration, House has agreed to the following bills, fer of major defense equipment from the Bureau of Industry and Security, Depart- without amendment: Government of Turkey to Lockheed Martin ment of Commerce, transmitting, pursuant S. 2482. An act to repeal the provision of Aeronautics with an original acquisition to law, the report of a rule entitled ‘‘Addi- title 46, United States Code, requiring a li- cost of $100,000,000 (Transmittal No. RSAT– tion of Certain Persons to the Entity List; cense for employment in the business of sal- 06–08); to the Committee on Foreign Rela- Removal of General Order from the Export vaging the coast of Florida. tions. Administration Regulations (EAR)’’ S. 2982. An act to amend the Runaway and EC–8080. A communication from the Assist- (RIN0694–AE46) received on September 25, Homeless Youth Act to authorize appropria- ant Secretary for Employment Standards, 2008; to the Committee on Banking, Housing, tions, and for other purposes. Department of Labor, transmitting, pursu- and Urban Affairs. S. 3560. An act to amend title XIX of the ant to law, a report relative to the fiscal EC–8071. A communication from the Assist- Social Security Act to provide additional year 2005 operations of the Office of Workers’ ant to the Board, Board of Governors of the funds for the qualifying individual (QI) pro- Compensation Programs; to the Committee Federal Reserve System, transmitting, pur- gram, and for other purposes. on Health, Education, Labor, and Pensions. suant to law, the report of a rule entitled EC–8081. A communication from the Ad- The message further announced that ‘‘Transactions Between Member Banks and the House concurrent resolutions, in ministrator of the Federal Emergency Man- Their Affiliates: Exemption for Certain Se- agement Agency, transmitting, pursuant to which it requests the concurrence of curities Financing Transactions Between a law, a report relative to the cost of response the Senate: Member Bank and an Affiliate’’ ((Docket No. and recovery efforts for FEMA–3289–EM in H. Con. Res. 239. Concurrent resolution rec- R–1330)(12 CFR Part 223)) received on Sep- the State of Louisiana; to the Committee on ognizing and acknowledging the important tember 25, 2008; to the Committee on Bank- Homeland Security and Governmental Af- role of adoption, and commending all parties ing, Housing, and Urban Affairs. fairs. involved, including birthparents, who carry EC–8072. A communication from the Acting EC–8082. A communication from the Dis- out an adoption plan, and adoptive families, Secretary, Division of Corporation Finance, trict of Columbia Auditor, transmitting, pur- adopted children. Securities and Exchange Commission, trans- suant to law, a report entitled ‘‘Letter Re- H. Con. Res. 405. Concurrent resolution rec- mitting, pursuant to law, the report of a rule port: Audit of Advisory Neighborhood Com- ognizing the first full week of April as ‘‘Na- entitled ‘‘Foreign Issuer Reporting Enhance- mission 3G for Fiscal Years 2006 Through tional Workplace Wellness Week’’. ments’’ (RIN3235–AK03) received on Sep- 2008, as of March 31, 2008’’; to the Committee H. Con. Res. 416. Concurrent resolution tember 25, 2008; to the Committee on Bank- on Homeland Security and Governmental Af- commending Barter Theatre on the occasion ing, Housing, and Urban Affairs. fairs. of its 75th anniversary. EC–8073. A communication from the Assist- EC–8083. A communication from the Dis- ant Secretary, Division of Corporation Fi- trict of Columbia Auditor, transmitting, pur- The message also announced that the nance, Securities and Exchange Commission, House agrees to the amendment of the suant to law, a report entitled ‘‘Letter Re- transmitting, pursuant to law, the report of port: Audit of Advisory Neighborhood Com- Senate to the bill (H.R. 3068) to pro- a rule entitled ‘‘Commission Guidance and mission 2B for Fiscal Years 2006 Through hibit the award of contracts to provide Revisions to the Cross-Border Tender Offer, 2008, as of March 31, 2008’’; to the Committee guard services under the contract secu- Exchange Offer, Rights Offerings, and Busi- on Homeland Security and Governmental Af- rity guard program of the Federal Pro- ness Combination Rules and Beneficial Own- fairs. tective Service to a business concern ership Reporting Rules for Certain Foreign EC–8084. A communication from the Sec- that is owned, controlled, or operated Institutions’’ (RIN3235–AK10) received on retary of Homeland Security, transmitting, September 25, 2008; to the Committee on by an individual who has been con- pursuant to law, a report relative to the De- Banking, Housing, and Urban Affairs. partment’s strategic plan for fiscal years victed of a felony. EC–8074. A communication from the Assist- 2008–2013; to the Committee on Homeland Se- The message further announced that ant Secretary, Office of Electricity Delivery curity and Governmental Affairs. the House agrees to the amendment of and Energy Reliability, Department of En- EC–8085. A communication from the Chair- the Senate to the resolution (H.J. Res. ergy, transmitting, pursuant to law, a report man, Council of the District of Columbia,

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00127 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22642 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 transmitting, pursuant to law, a report on mitting, pursuant to law, the report of a rule September 25, 2008; to the Committee on D.C. Act 17–503, ‘‘St. Martin Apartments Tax entitled ‘‘Airworthiness Directives; De Commerce, Science, and Transportation. Exemption Temporary Act of 2008’’ received Havilland Support Limited Model Beagle EC–8103. A communication from the Assist- on September 25, 2008; to the Committee on B.121 Series 1, 2, and 3 Airplanes’’ ((RIN2120– ant Secretary, Office of Legislative Affairs, Homeland Security and Governmental Af- AA64)(Docket No. FAA–2007–0248)) received Department of Homeland Security, transmit- fairs. on September 25, 2008; to the Committee on ting, pursuant to law, a report entitled ‘‘2007 EC–8086. A communication from the Acting Commerce, Science, and Transportation. Annual Report to Congress on Transpor- Director, Strategic Human Resources Policy, EC–8095. A communication from the Pro- tation Security’’; to the Committee on Com- Office of Personnel Management, transmit- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. ting, pursuant to law, the report of a rule en- tion, Department of Transportation, trans- EC–8104. A communication from the Chief titled ‘‘National Security Personnel Sys- mitting, pursuant to law, the report of a rule of the Publications and Regulations Unit, In- tem’’ (RIN3206–AL62) received on September entitled ‘‘Standard Instrument Approach ternal Revenue Service, Department of the 25, 2008; to the Committee on Homeland Se- Procedures, and Takeoff Minimums and Ob- Treasury, transmitting, pursuant to law, the curity and Governmental Affairs. stacle Departure Procedures; Miscellaneous report of a rule entitled ‘‘Taxation of fringe EC–8087. A communication from the Dep- Amendments’’ ((14 CFR Part 97)(Docket No. benefits’’ ((Rev. Rul. 2008–48)(26 CFR 1.61–21)) uty Administrator, Small Business Adminis- 30604)) received on September 25, 2008; to the received on September 25, 2008; to the Com- tration, transmitting, pursuant to law, the Committee on Commerce, Science, and mittee on Finance. report of the designation of an acting officer Transportation. EC–8105. A communication from the Chief for the position of Administrator, received EC–8096. A communication from the Acting of the Publications and Regulations Unit, In- on September 25, 2008; to the Committee on Assistant Secretary for Communications and ternal Revenue Service, Department of the Small Business and Entrepreneurship. Information, National Telecommunications Treasury, transmitting, pursuant to law, the EC–8088. A communication from the Direc- and Information Administration, Depart- report of a rule relative to the treatment of tor of Regulation Policy and Management, ment of Commerce, transmitting, pursuant taxpayers accepting certain settlements of Veterans Benefits Administration, Depart- to law, the report of a rule entitled ‘‘House- potential legal claims relating to auction ment of Veterans Affairs, transmitting, pur- hold Eligibility and Application Process of rate securities ((Rev. Proc. 2008–58)(26 CFR suant to law, the report of a rule entitled the Coupon Program for Individuals Residing 601.601)) received on September 25, 2008; to ‘‘Schedule of Rating Disabilities; Evaluation in Nursing Homes, Intermediate Care Facili- the Committee on Finance. of Residuals of Traumatic Brain Injury ties, Assisted Living Facilities and House- EC–8106. A communication from the Chief (TBI)’’ received on September 25, 2008; to the holds that Utilize Post Office Boxes’’ of the Publications and Regulations Unit, In- Committee on Veterans’ Affairs. (RIN0660–AA17) received on September 25, ternal Revenue Service, Department of the EC–8089. A communication from Director 2008; to the Committee on Commerce, Treasury, transmitting, pursuant to law, the of Agency Management and Budget, Vet- Science, and Transportation. report of a rule entitled ‘‘Tax-exempt Money erans Employment and Training, Depart- EC–8097. A communication from the Sec- Market Funds—Temporary Treasury Pro- ment of Labor, transmitting, pursuant to retary of the Federal Trade Commission, gram to Support Money Market Funds—No law, the report of a rule entitled ‘‘Annual transmitting, pursuant to law, the report of Violation of Restrictions Against Federal Report From Federal Contractors’’ (RIN1293– a rule entitled ‘‘Telemarketing Sales Rule’’ Guarantees of Tax-exempt Bonds Under Sec- AA12) received September 25, 2008; to the (RIN3084–AA98) received on September 25, tion 149(b)’’ (Notice 2008–81) received on Sep- Committee on Veterans’ Affairs. 2008; to the Committee on Commerce, tember 25, 2008; to the Committee on Fi- EC–8090. A communication from the Pro- Science, and Transportation. nance. gram Analyst, Federal Aviation Administra- EC–8098. A communication from the Acting tion, Department of Transportation, trans- Director, Office of Sustainable Fisheries, De- EC–8107. A communication from the Pro- mitting, pursuant to law, the report of a rule partment of Commerce, transmitting, pursu- gram Manager of the Office of the Actuary, entitled ‘‘Airworthiness Directives; Boeing ant to law, the report of a rule entitled Centers for Medicare & Medicaid Services, Model 777–200, –200LR, –300, and –300ER Se- ‘‘Fisheries of the Northeastern United Department of Health and Human Services, ries Airplanes Approved for Extended-range States; Summer Flounder Fishery; Commer- transmitting, pursuant to law, the report of Twin-engine Operational Performance cial Quota Harvested for the State of New a rule entitled ‘‘Medicare Program; Medicare Standards (ETOPS)’’ ((RIN2120–AA64)(Docket York’’ (RIN0648–XK19) received on Sep- Part B Monthly Actuarial Rates, Premium No. FAA–2008–0673)) received on September tember 25, 2008; to the Committee on Com- Rate, and Annual Deductible Beginning Jan- 25, 2008; to the Committee on Commerce, merce, Science, and Transportation. uary 1, 2009’’ (RIN0938–AP00) received on Sep- Science, and Transportation. EC–8099. A communication from the Pro- tember 25, 2008; to the Committee on Fi- EC–8091. A communication from the Pro- gram Analyst, Federal Aviation Administra- nance. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–8108. A communication from the Pro- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule gram Manager of the Office of the Actuary, mitting, pursuant to law, the report of a rule entitled ‘‘Fisheries of the Exclusive Eco- Centers for Medicare & Medicaid Services, entitled ‘‘Airworthiness Directives; Cessna nomic Zone Off Alaska; Deep-Water Species Department of Health and Human Services, Aircraft Company 172, 175, 180, 182, 185, 206, Fishery by Amendment 80 Vessels Subject to transmitting, pursuant to law, the report of 207, 208, 210, and 303 Series Airplanes’’ Sideboard Limits in the Gulf of Alaska’’ a rule entitled ‘‘Medicare Program; Inpa- ((RIN2120–AA64)(Docket No. FAA–2008–0471)) (RIN0648–XK43) received on September 25, tient Hospital Deductible and Hospital and received on September 25, 2008; to the Com- 2008; to the Committee on Commerce, Extended Care Services Coinsurance mittee on Commerce, Science, and Transpor- Science, and Transportation. Amounts for Calendar Year 2009’’ (RIN0938– tation. EC–8100. A communication from the Acting AP03) received on September 25, 2008; to the EC–8092. A communication from the Pro- Director, Office of Sustainable Fisheries, De- Committee on Finance. gram Analyst, Federal Aviation Administra- partment of Commerce, transmitting, pursu- EC–8109. A communication from the Pro- tion, Department of Transportation, trans- ant to law, the report of a rule entitled gram Manager of the Office of the Actuary, mitting, pursuant to law, the report of a rule ‘‘Fisheries of the Exclusive Economic Zone Centers for Medicare & Medicaid Services, entitled ‘‘Airworthiness Directives; Airbus Off Alaska; Shallow-Water Species by Ves- Department of Health and Human Services, A318, A319, A320, and A321 Series Airplanes’’ sels Using Trawl Gear in the Gulf of Alaska’’ transmitting, pursuant to law, the report of ((RIN2120–AA64)(Docket No.FAA–2007–0081)) (RIN0648–XK44) received on September 25, a rule entitled ‘‘Medicare Program; Part A received on September 25, 2008; to the Com- 2008; to the Committee on Commerce, Premium for Calendar Year 2009 for the Un- mittee on Commerce, Science, and Transpor- Science, and Transportation. insured Aged and for Certain Disabled Indi- tation. EC–8101. A communication from the Sec- viduals Who Have Exhausted Other Entitle- EC–8093. A communication from the Pro- retary of the Federal Trade Commission, ment’’ (RIN0938–AP04) received on Sep- gram Analyst, Federal Aviation Administra- transmitting, pursuant to law, the report of tember 25, 2008; to the Committee on Fi- tion, Department of Transportation, trans- a rule entitled ‘‘Telemarketing Sales Rule nance. mitting, pursuant to law, the report of a rule Fees’’ (RIN3084–AA98) received on September EC–8110. A communication from the Pro- entitled ‘‘Airworthiness Directives; McDon- 25, 2008; to the Committee on Commerce, gram Manager of the Office of Child Support nell Douglas Model DC–10–10, DC–10–10F, DC– Science, and Transportation. Enforcement, Administration for Children 10–15, and MD–10–10F Airplanes’’ ((RIN2120– EC–8102. A communication from the Chief and Families, Department of Health and AA64)(Docket No. FAA–2008–0015)) received of Regulations and Administrative Law, U.S. Human Services, transmitting, pursuant to on September 25, 2008; to the Committee on Coast Guard, Department of Homeland Secu- law, the report of a rule entitled ‘‘State Par- Commerce, Science, and Transportation. rity, transmitting, pursuant to law, the re- ent Locator Service; Safeguarding Child EC–8094. A communication from the Pro- port of a rule entitled ‘‘Safety Zone Regula- Support Information’’ (RIN0970–AC01) re- gram Analyst, Federal Aviation Administra- tions (including 2 regulations beginning with ceived on September 25, 2008; to the Com- tion, Department of Transportation, trans- USCG–2008–0264)’’ (RIN1625–AA00) received on mittee on Finance.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00128 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22643 INTRODUCTION OF BILLS AND ROCKEFELLER, Ms. LANDRIEU, Mr. fully implement the Senator Paul JOINT RESOLUTIONS OBAMA, Ms. STABENOW, Mr. NELSON of Simon Water for the Poor Act of 2005 Florida, Mr. DURBIN, Mr. BINGAMAN, The following bills and joint resolu- and to improve access to safe drinking Mr. BUNNING, Mr. ISAKSON, Mr. water and sanitation throughout the tions were introduced, read the first HAGEL, Mr. ALLARD, Mr. KENNEDY, and second times by unanimous con- Mr. TESTER, Mr. INHOFE, Mrs. FEIN- world; to the Committee on Foreign sent, and referred as indicated: STEIN, and Mr. STEVENS): Relations. Mr. DURBIN. My predecessor and By Mr. KYL (for himself and Mr. S. Res. 692. A resolution designating the LEAHY): week of November 9 through November 15, friend, the late Senator Paul Simon, S. 3641. A bill to authorize funding for the 2008, as ‘‘National Veterans Awareness championed the cause of water for the National Crime Victim Law Institute to pro- Week’’ to emphasize the need to develop edu- poor. Ten years ago he wrote an impor- vide support for victims of crime under cational programs regarding the contribu- tant and foretelling book, Tapped Out, Crime Victims Legal Assistance Programs as tions of veterans to the country; considered in which he described the world’s loom- and agreed to. a part of the Victims of Crime Act of 1984; ing clean water crisis. considered and passed. By Mr. LAUTENBERG (for himself, Mr. MARTINEZ, Mrs. MURRAY, Mr. Senator Simon was ahead of the By Mr. DURBIN (for himself, Mr. CORK- curve. He identified this challenge long ER, Mr. KERRY, and Mrs. MURRAY): LEVIN, Mr. BROWN, Mr. SALAZAR, Mr. S. 3642. A bill to enhance the capacity of OBAMA, Mr. MENENDEZ, Mr. CASEY, before many others, and urged the U.S. the United States Government to fully im- and Mr. BAYH): to lead on it. It is my privilege to carry plement the Senator Paul Simon Water for S. Res. 693. A resolution recognizing the forward his vision in the United States the Poor Act of 2005 and to improve access to month of November 2008 as ‘‘National Home- Senate today. safe drinking water and sanitation through- less Youth Awareness Month’’; considered I take this responsibility seriously— out the world; to the Committee on Foreign and agreed to. not only to honor my friend and men- Relations. By Mr. DOMENICI (for himself, Mr. DODD, Mr. ALEXANDER, Mr. ROCKE- tor from Illinois—but more impor- By Mr. DURBIN (for himself, Mr. tantly to further this country’s leader- KERRY, and Mrs. MURRAY): FELLER, Mr. INHOFE, Ms. STABENOW, S. 3643. A bill to enhance the capacity of Mr. ENZI, Mr. LIEBERMAN, Mr. ship in making access to clean water the United States to undertake global devel- VOINOVICH, Mr. BIDEN, Mr. CORNYN, and sanitation possible for people in opment activities, and for other purposes; to and Ms. MURKOWSKI): every part of the world. the Committee on Foreign Relations. S. Res. 694. A resolution designating the In 2005, Congress passed the Senator By Ms. LANDRIEU (for herself, Mrs. week beginning October 19, 2008, as ‘‘Na- Paul Simon Water for the Poor Act to HUTCHISON, Mrs. LINCOLN, Mr. PRYOR, tional Character Counts Week’’; considered elevate the position of safe water and and agreed to. Mr. WICKER, and Mr. COCHRAN): sanitation efforts in U.S. foreign as- S. 3644. A bill to require the Secretary of f sistance. Agriculture to provide crop disaster assist- ance to agricultural producers that suffered ADDITIONAL COSPONSORS We have made progress since then. Last year alone, the U.S. helped pro- qualifying quantity or quality losses for the S. 3530 2008 crop year due to a natural disaster; to vide nearly 2 million people with ac- At the request of Mr. DURBIN, his the Committee on Agriculture, Nutrition, cess to a better source of drinking and Forestry. name was added as a cosponsor of S. water for the first time. And we helped By Mr. HATCH: 3530, a bill to establish the Stephanie more than 1.5 million people access S. 3645. A bill to amend the Reclamation Tubbs Jones Gift of Life Medal for better sanitation. Wastewater and Groundwater Study and Fa- organ donors and the family of organ These are encouraging results, but cilities Act to authorize the Secretary of the donors. Interior to participate in the Magna Water our impact could be much greater. Our District water reuse and groundwater re- f current efforts are hindered by limited charge project, and for other purposes; to the STATEMENTS ON INTRODUCED resources and lack of overall strategy Committee on Energy and Natural Re- BILLS AND JOINT RESOLUTIONS and coordination. sources. To strengthen U.S. leadership in this By Mr. DEMINT: By Mr. KYL (for himself and Mr. area, I am pleased to join with Sen- LEAHY): S. 3646. A bill to authorize and expedite ators CORKER, KERRY and MURRAY, and lease sales within the outer Continental S. 3641. A bill to authorize funding Representatives BLUMENAUER and Shelf, and for other purposes; read the first for the National Crime Victim Law In- time. PAYNE to introduce new legislation stitute to provide support for victims that builds and improves upon the 2005 By Ms. LANDRIEU: of crime under Crime Victims Legal S. 3647. A bill to assist the State of Lou- act. isiana in flood protection and coastal res- Assistance Programs as a part of the The Senator Paul Simon Water for toration projects, and for other purposes; to Victims of Crime Act of 1984; consid- the Poor Enhancement Act of 2008 will the Committee on Appropriations. ered and passed. increase capacity at USAID and the f Mr. KYL. Mr. President, I ask unani- State Department to implement clean mous consent that the text of the bill water and sanitation efforts. SUBMISSION OF CONCURRENT AND be printed in the RECORD. SENATE RESOLUTIONS It will strengthen local capacity by There being no objection, the text of adding a corps of water experts to The following concurrent resolutions the bill was ordered to be printed in USAID missions and by training local and Senate resolutions were read, and the RECORD, as follows: water and sanitation managers. referred (or acted upon), as indicated: S. 3641 It will foster development of low-cost By Mr. KERRY (for himself and Mr. Be it enacted by the Senate and House of Rep- and sustainable clean water and sanita- SMITH): resentatives of the United States of America in tion technologies for use in priority S. Res. 690. A resolution expressing the Congress assembled, sense of the Senate concerning the conflict countries. SECTION 1. REAUTHORIZATION. In short, it will put the U.S. again at between Russia and Georgia; considered and Section 103(b) of the Justice for All Act of agreed to. the forefront of assuring access to 2004 (Public Law 108-405; 118 Stat. 2264) is these most basic needs for millions By Mr. HATCH (for himself, Mr. BEN- amended in paragraphs (1) through (5) by NETT, Mr. COCHRAN, Mr. DURBIN, Mr. striking ‘‘2006, 2007, 2008, and 2009’’ each place around the world. BROWN, Mr. LEVIN, and Mr. CASEY): it appears and inserting ‘‘2010, 2011, 2012, and We will not be able to make a sus- S. Res. 691. A resolution designating Thurs- 2013’’. tained difference on the ground with day, November 20, 2008, as ‘‘Feed America good intentions alone. We need to back Day’’; considered and agreed to. By Mr. DURBIN (for himself, Mr. up the lofty goals in this bill with re- By Mr. REID for Mr. BIDEN (for him- ORKER ERRY self, Mrs. CLINTON, Mr. DODD, Mr. C , Mr. K , and Mrs. sources—money and personnel. DORGAN, Mr. COLEMAN, Mr. CASEY, MURRAY): We need to give our development ex- Mrs. LINCOLN, Mr. KERRY, Mr. S. 3642. A bill to enhance the capac- perts the tools and support they need WHITEHOUSE, Mr. VOINOVICH, Mr. ity of the United States Government to to get the job done well. That is why

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00129 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22644 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 I’ve also led an effort in the Senate to bility. A developing economy cannot nomic and social development, and the envi- increase the number of Foreign Service grow if its population is too sick to ronment. Officers and to urge the placement of work or if its members are engaged in (4) While progress is being made on safe water experts in USAID missions water and sanitation efforts— conflict over water resources, as in (A) more than 884,000,000 people throughout around the world. Darfur, for example, or in parts of the the world lack access to safe drinking water; This kind of development assistance, Middle East. and helping to build infrastructure and al- Nor can an economy grow if its (B) 2 of every 5 people in the world do not leviate poverty, is a crucial to our abil- women and girls have to spend many have access to basic sanitation services. ity to lead and influence other coun- hours each day gathering water rather (5) The health consequences of unsafe tries. than engaging in more productive pur- drinking water and poor sanitation are stag- America’s strength resonates not suits. The UN estimates that women gering, accounting for— (A) nearly 10 percent of the global burden only from its military power but from lose 40 billion working hours each year the power of American ideas and val- of disease; and to carrying water. The economic reper- (B) more than 2,000,000 deaths each year. ues, from our generosity and diplo- cussions are clear. (6) The effects of climate change are ex- macy. Water scarcity has a serious impact pected to produce severe consequences for I fear we have lost a measure of that on the environment, as well. The strain water availability and resource management influence in recent years. Our smart on natural resources will continue as in the future, with 2,800,000,000 people in power has waned as we’ve focused our global warming causes glaciers to melt more than 48 countries expected to face se- resources and attention elsewhere. and climate patterns to shift. We can vere and chronic water shortages by 2025. (7) The impact of water scarcity on conflict Real leadership from the United expect key sources of clean water to be States on water and sanitation will and instability is evident in many parts of altered or eliminated in the process. the world, including the Darfur region of help stave off one of the world’s loom- So, this is a big problem. But the Sudan, where demand for water resources ing crises. It will reassert our standing U.S. is in a position to make a big dif- has contributed to armed conflict between as a leader in the fight against global ference in the lives of the world’s poor nomadic ethnic groups and local farming poverty. with strong leadership and investment communities. And, once again, Paul Simon was in global safe water. (8) In order to further the United States ahead of his time. What element of U.S. leadership can and will make a contribution to safe water and sanitation ef- forts, it is necessary to— international development assistance difference in this most fundamental de- could be more fundamental than ensur- (A) expand foreign assistance capacity to velopment challenge. I urge my col- address the challenges described in this sec- ing access to clean water and basic leagues to join with me in supporting tion; and sanitation? this effort to refocus our global clean (B) represent issues related to water and We often take water for granted in water activities. sanitation at the highest levels of United this country. Turn on the tap, and out Mr. President, I ask unanimous con- States foreign assistance deliberations, in- it comes—clean, inexpensive and plen- sent that the text of the bill be printed cluding deliberations related to issues of global health, food security, the environ- tiful. Occasionally we hear of water in the RECORD. shortages in a handful of states during ment, global warming, and maternal and There being no objection, the text of child mortality. times of drought. But for the most the bill was ordered to be printed in part, we think little about this crucial SEC. 3. PURPOSE. the RECORD, as follows: The purpose of this Act is to enhance the resource. S. 3642 capacity of the United States Government to Yet for many people in the world, ac- Be it enacted by the Senate and House of Rep- fully implement the Senator Paul Simon cess to clean water and sanitation are resentatives of the United States of America in Water for the Poor Act of 2005 (Public Law out of reach—and the problem may Congress assembled, 109–121). only get worse. SECTION 1. SHORT TITLE. SEC. 4. DEVELOPING UNITED STATES GOVERN- MENT CAPACITY. In the past 20 years, 2 billion people This Act may be cited as the ‘‘Senator Section 135 of the Foreign Assistance Act have gained access to safe drinking Paul Simon Water for the Poor Enhance- water and 600 million have gained ac- of 1961 (22 U.S.C. 2151h) is amended by adding ment Act of 2008’’. at the end the following: cess to basic sanitation services. This SEC. 2. FINDINGS. ‘‘(e) OFFICE OF WATER.— is encouraging progress. Congress finds the following: ‘‘(1) ESTABLISHMENT.—To carry out the Yet nearly 900 million people still (1) The Senator Paul Simon Water for the purposes of subsection (a), the Administrator live without clean water, and nearly 2 Poor Act of 2005 (Public Law 109–121)— of the United States Agency for Inter- in 5 do not have access to proper sani- (A) makes access to safe water and sanita- national Development shall establish the Of- tation. tion for developing countries a specific pol- fice of Water. In the past century, global demand icy objective of United States foreign assist- ‘‘(2) LEADERSHIP.—The Office of Water ance programs; for water has tripled, and is now dou- shall be headed by an Assistant Adminis- (B) requires the Secretary of State to— trator for Safe Water and Sanitation, who bling every two decades. Rapid popu- (i) develop a strategy to elevate the role of shall report directly to the Administrator. lation growth, urbanization, pollution water and sanitation policy; and ‘‘(3) DUTIES.—The Assistant Administrator and climate change will add even (ii) improve the effectiveness of United shall— greater pressures to an already States assistance programs undertaken in ‘‘(A) implement this section and the Sen- strained system. support of that strategy; ator Paul Simon Water for the Poor Act of This scenario is troubling for a lot of (C) codifies Target 10 of the United Nations 2005 (Public Law 109–121); and reasons. Millennium Development Goals; and ‘‘(B) place primary emphasis on providing First, unsafe water is a serious (D) seeks to reduce the proportion of peo- safe, affordable, and sustainable drinking ple who are unable to reach or afford safe threat to global health. The World water, sanitation, and hygiene. drinking water and basic sanitation by 50 ‘‘(f) BUREAU OF INTERNATIONAL WATER.— Health Organization estimates that percent by 2015. ‘‘(1) ESTABLISHMENT.—To increase the ca- water-related diseases account for (2) On December 20, 2006, the United Na- pacity of the Department of State to address about one-tenth of the global disease tions General Assembly, in GA Resolution 61/ international issues regarding safe water, burden. We lose nearly 5,000 children 192, declared 2008 as the International Year sanitation, and other international water each day to these diseases, and over 2 of Sanitation, in recognition of the impact of programs, the Secretary of State shall estab- million people each year. sanitation on public health, poverty reduc- lish the Bureau for International Water We recently expanded our efforts to tion, economic and social development, and within the Office of the Under Secretary for fight global AIDS—an effort I sup- the environment. Democracy and Global Affairs (referred to in (3) On August 1, 2008, Congress passed H. this subsection as the ‘Bureau’). port—but antiretroviral therapy taken Con. Res. 318, which— ‘‘(2) DUTIES.—The Bureau shall— with unsafe water may do more harm (A) supports the goals and ideals of the ‘‘(A) oversee and coordinate the diplomatic than good. International Year of Sanitation; and policy of the United States Government with Lack of safe water threatens eco- (B) recognizes the importance of sanitation respect to global freshwater issues, includ- nomic development and political sta- on public health, poverty reduction, eco- ing—

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00130 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22645 ‘‘(i) access to safe drinking water and sani- ‘‘(3) coordinate with the Development tions. They helped build clinics in tation; Credit Authority and the Global Develop- Nepal, provide clean water in Hon- ‘‘(ii) river basin and watershed manage- ment Alliance to further the purposes of this duras, and boost the agricultural and ment; Act.’’. industrial sectors of Pakistan. ‘‘(iii) transboundary conflict; SEC. 7. GRANTS FOR LOW COST CLEAN WATER ‘‘(iv) agricultural and urban productivity AND SANITATION TECHNOLOGIES. Today, when the U.S. needs to show of water resources; Section 135(c) of the Foreign Assistance its leadership overseas more than ever, ‘‘(v) pollution mitigation; and Act (22 U.S.C. 2152h(c)) is amended— USAID operates with just 1,000 Foreign ‘‘(vi) adaptation to hydrologic change due (1) in paragraph (3), by striking ‘‘and’’ at Service Officers. to climate variability; and the end; Many people on both sides of the ‘‘(B) ensure that international freshwater (2) in paragraph (4), by striking the period aisle agree that USAID is no longer issues are represented— at the end; and equipped to do its job effectively. We ‘‘(i) within the United States Government; (3) by adding at the end the following: and simply are not meeting the inter- ‘‘(5) provide grants through the United national development goals of the ‘‘(ii) in key diplomatic, development, and States Agency for International Develop- scientific efforts with other nations and mul- ment to foster the development of low cost United States. tilateral organizations.’’. and sustainable technologies for providing USAID has not received adequate SEC. 5. SAFE WATER AND SANITATION STRATEGY. clean water and sanitation that are suitable funding, staffing, or political support— Section 6(e) of the Senator Paul Simon for use in high priority countries, particu- and America’s efforts abroad have suf- Water for the Poor Act of 2005 (Public Law larly in places with limited resources and in- fered as a result. 109–121) is amended— frastructure.’’. It is time to make a change. (1) in paragraph (5), by striking ‘‘and’’ at SEC. 8. UPDATED REPORT REGARDING WATER We should be sending bright, talented the end; FOR PEACE AND SECURITY. (2) in paragraph (6), by striking the period public servants to help improve child Section 11(b) of the Senator Paul Simon and maternal health, treat those with at the end and inserting a semicolon; and Water for the Poor Act of 2005, as redesig- (3) by adding at the end the following: nated by section 6, is amended by adding at AIDS, TB and malaria, provide clean ‘‘(7) an assessment of the extent to which the end the following: ‘‘The report submitted water and sanitation for the world’s the United States Government’s efforts are under this subsection shall include an assess- poor, help farmers and women start or reaching the goal described in section ment of current and likely future political improve their business, and assist re- 135(a)(2) of the Foreign Assistance Act of 1961 tensions over water sources and an assess- formers and civic leaders to build (22 U.S.C. 2152h(a)(2)); and ment of the expected impacts of global cli- ‘‘(8) recommendations on what the United stronger democratic institutions. mate change on water supplies in 10, 25, and Today, along with Senator KERRY States Government would need to do to help 50 years.’’. achieve the goal referred to in paragraph (7) and Senator MURRAY, I am introducing if the United States Government’s efforts SEC. 9. AUTHORIZATION OF APPROPRIATIONS. the Increasing America’s Global Devel- There are authorized to be appropriated for were proportional to its share of the world’s opment Capacity Act of 2008 to take economy.’’. fiscal year 2009 and each subsequent fiscal year such sums as may be necessary to carry the first step toward putting the Agen- SEC. 6. DEVELOPING LOCAL CAPACITY. out this Act and the amendments made by cy for International Development on The Senator Paul Simon Water for the firmer footing. Poor Act of 2005 (Public Law 109–121) is this Act. amended— øSEC. 10. CONSTRUCTION. The bill would authorize USAID to (1) by redesignating sections 9, 10, and 11 as This Act shall be implemented in a manner hire an additional 700 Foreign Service sections 10, 11, and 12, respectively; and consistent with the Senator Paul Simon Officers. This would basically double (2) by inserting after section 8 the fol- Water for the Poor Act of 2005 (Public Law the current number of development of- lowing: 109–121). Nothing in this Act shall be con- ficers available to work in targeted ‘‘SEC. 9. WATER AND SANITATION MANAGERS strued in such a way as to override or take countries. This is fundamental to re- precedence over the implementation of that TRAINING PROGRAM. building the agency’s capacity. ‘‘(a) ESTABLISHMENT.— Act.¿ ‘‘(1) IN GENERAL.—The Secretary of State Senator LEAHY, Chair of the Foreign and the Administrator of the United States By Mr. DURBIN (for himself, Mr. Operations Appropriations Sub- Agency for International Development shall KERRY, and Mrs. MURRAY): committee, shares a commitment to establish, in every priority country, a pro- S. 3643. A bill to enhance the capac- rebuilding USAID. I am heartened by gram to train local, in-country water and ity of the United States to undertake the Subcommittee’s recommended in- sanitation managers, and other officials of global development activities, and for crease in funding for USAID’s oper- countries that receive assistance under sec- ating expenses for fiscal year 2009. This tion 135 of the Foreign Assistance Act of 1961 other purposes; to the Committee on to promote the capacity of recipient govern- Foreign Relations. was a priority for me in the bill, and ments to provide affordable, equitable, and Mr. DURBIN. Events of the last dec- Chairman LEAHY has been very sup- sustainable access to safe drinking water and ade are stark reminders that security portive. sanitation. in the U.S. is closely linked to the sta- My bill also would establish a goal of ‘‘(2) COORDINATION.—The program estab- bility of far-flung places beyond our hiring an additional 1,300 Foreign Serv- lished under subsection (a) shall be coordi- borders. From food riots to failed ice Officers by 2011. nated by the lead country water manager states, we have become more aware of After three years, USAID would have designated in subsection (c)(2). more than 3,000 of talented, committed ‘‘(3) EXPANSION.—The Secretary and Ad- how important it is to help the poorest ministrator may establish the program de- around the world live healthier, more Americans serving in the world’s most scribed in this section in additional coun- productive, and stable lives. difficult locations helping to improve tries if the receipt of such training would be Foreign assistance for development is the lives of others. It won’t be the 5,000 most beneficial, with due consideration not only the right thing to do; it’s in experts of the 1960s, but it will be a big given to good governance. our national interest. In the U.S., the improvement from today. ‘‘(b) DESIGNATION.—The United States responsibility for such development Foreign development assistance is as Chief of Mission within each country receiv- ing a ‘high priority’ designation under sec- falls largely to the U.S. Agency for important a foreign policy tool as di- tion 6(f) shall— International Development, or USAID. plomacy and defense. Secretary of De- ‘‘(1) designate safe drinking water and USAID was founded by the Kennedy fense Robert Gates is perhaps the most sanitation as a strategic objective; administration in 1961. It became the persuasive advocate for rebuilding our ‘‘(2) appoint an in-country water and sani- first U.S. foreign assistance organiza- civilian development capacity. He ar- tation manager within the Mission to coordi- tion whose primary emphasis was on gues that we need to engage in non- nate the in-country implementation of this long term economic and social develop- military ways to pursue global develop- Act and section 135 of the Foreign Assistance ment efforts overseas. ment goals. Act of 1961 with local water managers, local government officials, the Department of During its first decade, it had more The civilian instruments of national State, and the Office of Water of the United than 5,000 dedicated Foreign Service security—diplomacy, development as- States Agency for International Develop- Officers serving all over the world, sistance, sharing expertise on civil so- ment; and often in the most difficult of condi- ciety—are becoming more and more

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00131 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22646 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 important. Secretary Gates argues (b) SUBSEQUENT HIRINGS.— S. 3647. A bill to assist the State of that these tools are good for the (1) IN GENERAL.—Except as provided under Louisiana in flood protection and world’s poor, our national security, and paragraph (2), during the 2-year period begin- coastal restoration projects, and for our country. ning 1 year after the date of the enactment other purposes; to the Committee on of this Act, the Administrator of USAID I agree. Appropriations. Let us take one concrete step to re- shall increase by not less than 1,300 the total number of full-time Foreign Service Officers Ms. LANDRIEU. Mr. President, I build that important civilian capacity, over the number of such Officers at the be- hope I am not wearing out my wel- which would help improve our ability ginning of such 2-year period to carry out come. I know that I have spoken more to help the world’s poorest countries the activities described in subsection (a), today than the other Members. I was and people. contingent upon sufficient appropriations. proud this morning to have achieved a Mr. President, I ask unanimous con- (2) REPROGRAMMING.—If the Administrator small—but I think significant—victory, sent that the text of the bill be printed of USAID determines that USAID has com- as I pressed for a rollcall vote which in the RECORD. peting needs that are more urgent than the would have required the Senate to There being no objection, the text of hirings described in paragraph (1), the Ad- come back tomorrow, but in acqui- the bill was ordered to be printed in ministrator may use amounts available for escing on that, I was able to introduce the RECORD, as follows: such hirings for such competing needs if the Administrator submits to the Committee on a bipartisan piece of legislation with S. 3643 Appropriations and the Committee on For- key Members, including Senator COCH- Be it enacted by the Senate and House of Rep- eign Relations of the Senate and the Com- resentatives of the United States of America in RAN, Senator HUTCHISON, Senator mittee on Appropriations and the Committee CONRAD, Senator LINCOLN, and Senator Congress assembled, on Foreign Affairs of the House of Represent- SECTION 1. SHORT TITLE. PRYOR on a piece of very important atives a report describing such competing legislation for farmers and for the agri- This Act may be cited as the ‘‘Increasing needs. America’s Global Development Capacity Act cultural community and rural commu- of 2008’’. By Mr. HATCH: nities throughout the Nation. SEC. 2. FINDINGS. S. 3645. A bill to amend the Reclama- Hopefully, by this piece of legislation Congress finds that— tion Wastewater and Groundwater being filed today and the work that can (1) foreign development assistance is an go on over the next few days before the important foreign policy tool in addition to Study and Facilities Act to authorize diplomacy and defense; the Secretary of the Interior to partici- lights go out in this Chamber and we (2) development assistance is part of any pate in the Magna Water District water all leave to go home for the election, comprehensive United States response to re- reuse and groundwater recharge something could be done to help rural gional conflicts, terrorist threats, weapons project, and for other purposes; to the America because the big bailout pack- proliferation, disease pandemics, and per- Committee on Energy and Natural Re- age, no matter how it is structured, sistent widespread poverty; sources. will not really reach to the problem (3) in 2002 and 2006, the United States Na- Mr. HATCH. Mr. President, I rise to quickly enough and the regulations tional Security Strategy includes global de- introduce legislation that would assist have not been written for the bill that velopment, along with defense and diplo- the Magna Water District of Utah to macy, as the 3 pillars of national security; is in place to help them. So between (4) in its early years, the United States implement a water reuse and ground- the bill that doesn’t have regulations Agency for International Development water recharge project. The district written and the bailout package, which (USAID) had more than 5,000 full-time For- faces perchlorate-contaminated wells has nothing at this moment for them, eign Service Officers; due to decades of rocket motor produc- we are trying to stand in the gap and (5) as of 2008, USAID has slightly more tion at a Department of Defense site provide some sort of bridge assistance than 1,000 full-time Foreign Service Officers; operated by Hercules, ATK launch Sys- for the farmland of America and the (6) the budget at USAID, calculated in real tems. To address this, the water dis- rural areas and to give our farmers dollars, has dropped 27 percent since 1985; trict has developed a bio-destruction (7) this decline in personnel and operating some hope until we can come back and process which combines wastewater address their needs. I am pleased to budgets has diminished the capacity of and desalination brine stream to de- USAID to provide development assistance have at least accomplished that today. and implement foreign assistance programs; stroy perchlorate. This technology While I am speaking, Members of the and gives DOD what it needs to broadly ad- House—both Republicans and Demo- dress perchlorate issues at multiple (8) the Committee on Appropriations of the crats—are putting a bill together and sites in a way that is quicker and Senate recommended increasing the amount circulating letters so that, hopefully, to be appropriated for USAID operating ex- cheaper than existing technologies and we can accomplish something before penses for fiscal year 2009 by $171,000,000 com- processes. pared to the amount appropriated for such This bill, would authorize a 25 per- we leave. I did have an option to hold up the expenses for fiscal year 2008. cent Federal match for the total cost Defense authorization bill, as the Pre- SEC. 3. HIRING OF ADDITIONAL FOREIGN SERV- of this project. In truth, the district ICE OFFICERS AS USAID EMPLOY- siding Officer knows. It was a bill that has already invested a significant EES. the Presiding Officer and Senator WAR- (a) INITIAL HIRINGS.—Not later than 1 year amount of its own funds and is now NER spoke about. It passed in record after the date of the enactment of this Act, seeking funds from the federal govern- the Administrator of USAID shall use addi- ment on a matching basis. It is criti- time—in less than a minute, as I re- tional amounts appropriated to USAID for cally important for Magna to maintain call—because I was standing right here fiscal year 2009 compared to fiscal year 2008 high quality drinking water for irriga- when it did. I could have exerted my to increase by not less than 700 the total tion and preserve the community’s val- ability as a Senator to object but, not number of full-time Foreign Service Officers only out of respect for the Presiding employed by USAID compared to the number uable water resources while finding a beneficial use of treated domestic and Officer as well as the Senator from Vir- of such officers employed by USAID on the ginia but also out of respect for the date of the enactment of this Act. These offi- industrial wastewater to destroy a cers shall be used to enhance the ability of harmful plume of the contaminate per- men and women who wear a uniform, I USAID to— chlorate, that threatens the water re- did not think that it was an appro- (1) carry out development activities around sources of this community. priate vehicle to use to make my point. the world by providing USAID with addi- We have but a few days left in this I am certain the people of my State tional human resources and expertise needed session of the 110th Congress but I feel would agree with that, and so I did not. to meet important development and humani- it important to introduce this bill and That does not mean I won’t continue tarian needs around the world; over the course of the next several days (2) strengthen its institutional capacity as ask my colleagues to please review it. the lead development agency of the United I plan on reintroducing this bill early to use other vehicles, other opportuni- States; and in the 111th Congress and will work on ties to press this case. (3) more effectively help developing na- ensuring its passage next year. Leaving that subject for a moment, I tions to become more stable, healthy, demo- wish to spend a moment to again talk cratic, prosperous, and self-sufficient. By Ms. LANDRIEU: about the need for coastal protection

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00132 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22647 and restoration in Louisiana. I have sissippi River sediment into the sur- young teenager. He is now pushing 50 spoken about this topic hundreds of rounding wetlands. Without these sedi- to 60. He met with me not too long ago times and will for the next 15 minutes ments, the coastal system has slowly over a small table in Plaquemine, LA. do it once again. subsided, turning these wetlands into He had his sleeves rolled up. His arms Louisiana’s coast is literally washing open waters. were quite large. He is an oyster fisher- away. Even if we didn’t have Katrina I read a letter an hour ago about a man. He came from Croatia. He had no or Rita—the major storms that af- farmer, Wallace Ellender, whose father money in his pocket when he arrived, fected us in 2005—and even if Gustav was a Senator. As a young girl, I re- but he and his sons have been oyster and Ike had never happened, the devas- member Senator Ellender. He testified fishermen down in this area for dec- tation along Louisiana’s coast is sub- in committee that his farm that used ades. stantial. It affects a little bit of the to sit close to the shore, they now had He looked at me and he said: Sen- Mississippi coast as well and a small to swim 30 miles in open water to the ator, I could not love a country more portion of east Texas. I am sorry I do island on which he used to picnic as a than I love America. I came here as a not have Texas on this map. Southeast child. This is the largest loss of lands. penniless child, he said, and I have Texas is very much like southwest If the enemy was taking this much been trying to make a living fishing in Louisiana in topography. So what I am land, we would literally declare war the oyster beds in Louisiana. His son saying affects them as well. Of course, and attack them. That is how great is was sitting right next to him. He said: southwest Mississippi, our neighbor to the land loss. The enemy is water, ris- But Senator, if we don’t do something, the east, the southwestern part of Mis- ing tides, more frequent storms, and all that we have done for these decades sissippi is protected by this great wet- climate change. will be lost. lands, but it is basically the Mississippi I am not here only to complain. I am I share that story. I am sure Senator delta area. here to offer a solution, the solution we MIKULSKI could tell a story about her One hundred years ago, the Mis- have passed by this Congress—which I fishermen from Maryland, and I am sissippi River delta consisted of 7,000 commended Senator DOMENICI for this certain Senator CARPER could relay a square miles of coastal marshes and morning because without him, it never, similar story from Delaware, and I am swamps, making it one of the sixth or ever would have happened—that we certain, Mr. President, that you have seventh largest delta complexes in the have decided as a State to take Presi- similar stories from people who came world. The delta’s growth depended on dent Truman up on his offer that he here, not born in America, but came periodic flooding of the Mississippi made to us in 1949 to use a portion of here looking for a chance and in their River that drains 41 percent of the con- our offshore oil and gas revenues that quest to find that chance have provided tinental United States, with the river come to the Treasury, $10 billion a so much wealth, more than you can sediments gradually settling in the year. The people of Louisiana, Texas, imagine, for themselves and their fami- surrounding wetlands. So as the sedi- and Mississippi, from the offshore oil lies and for all of us, as well as people ment came down the Mississippi River, and gas off our coasts, contribute to who were born in south Louisiana, who this is how this area was built. Of the Federal Treasury billions and bil- were born here, or working side by side course, it took thousands and thou- lions of dollars. Since the year I was with those who came, looking for a new sands of years, but that process still born, 50-plus years ago, we have sent life decades ago to preserve this great exists to this day. The Mississippi over $117 billion to the Federal Treas- place. If we do not step it up, if we do River and the sediment come down and ury to fund all sorts of programs—do- not expedite this effort, their work will overflow this great delta. mestic and international, including have been for nought. Portions of the State I represent supporting the wars that have been A couple of years ago, we passed a have grown up on this delta. This is waged on behalf of this country. We bill that will give us revenue sharing to New Orleans, Baton Rouge, Lafayette, have contributed the second largest try to build the levees. We went actu- and Lake Charles right here, the four portion outside individual income tax. ally after the storm—I was so dev- major cities in Louisiana. I don’t have With Senator DOMENICI’s help and astated after Katrina thinking where to explain to people—even people who with my leadership, we led an effort to could we find help, where could we find have never been to New Orleans or to take President Truman up on an offer a plan. I traveled to the Netherlands, the cities I mentioned—how important that we were too foolish to accept at to Europe, to look at the systems they and rich this land is, not just for agri- the time and passed the Domenici- have. I brought 40 elected officials, culture and forestry but also for fish- Landrieu Gulf of Mexico Energy Secu- both Republicans and Democrats, with eries, both commercial and sports fish- rity Act. I am proud to add my name me, laymen and engineers, to say: If ermen, as well as the great cities that on that bill which will redirect 37.5 per- the Netherlands, which is a small coun- call this area home. cent of these revenues to the coast to try that can fit inside the State of Lou- We have been trying to stay high and secure these wetlands, to build these isiana—this is our State. The Nether- dry and out of the water for over 300 levees, to protect not just New Orleans lands is so small it could fit inside Lou- years. If we don’t act more urgently in but Baton Rouge, Lafayette, and Lake isiana. It is a powerful nation but a this Congress, it will be a losing battle. Charles, to protect the Ellender farm, small one. It has the same problems as Since the early 1900s, this national to restore the culture and protect the we do. If their levees break, they will ecological jewel has lost 2,000 square great Cajun culture of south Lou- lose their entire country. So they don’t miles of coastal wetlands, with the ex- isiana—many of the people still speak fool around with it as we do in Amer- pectation of another 500 square miles French, as the original settlers to this ica. They actually build levees that by 2050. Again, these hurricanes seem area—and to preserve the culture of hold. They have great engineering. We to be happening more frequently and our fishermen and oystermen. have great engineers here, but we are with more ferocity in the way they Mr. President, you can appreciate not giving the support or tools they rush to our shore. Their increased ve- that because being from Michigan, you need to do this job. So our land con- locity and frequency are wreaking have quite a diversity of constituents tinues to wash away while the Nether- havoc on many parts of the coast from you represent. I don’t know Michigan, lands has managed to save itself. Florida to the east coast, but particu- of course, as well as I know Louisiana. I learned a very interesting thing larly the State I represent. I am certain you have pockets of immi- over in the Netherlands when I went, The construction of flood control and grants who have come to Michigan who and it was shocking to me. Netherlands navigation levees along the Mississippi have proven themselves to be out- has no system of insurance such as we River, which we had to do for the com- standing citizens. do. We have flood insurance here. It is mercial activities of our Nation, had I met with a very strong, strapping a bill we actually could not pass in the the side effect—the unfortunate side ef- man who came to Louisiana probably last few years, but we technically have fect—of blocking deposits of the Mis- when he was a child, I imagine as a flood insurance. We have commercial

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00133 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22648 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 insurance. In the Netherlands, they way, with 67,000 people, was completely lower 48, of course. So because we allow don’t have insurance because their lev- obliterated in Katrina—completely. drilling, because we generate $10 bil- ees are built to withstand a storm once Out of 67,000 people, there were 5—5— lion, we thought instead of coming every 10,000 years. homes that were not completely inun- here hat in hand every year, let us di- I hate to be the one to be the bearer dated up to the roof with water. That is rect some of that money to help us of bad news, but our levees are not St. Bernard Parish. build these levees and then in the even built to withstand storms once in Then we have Orleans, and we saw meantime, we can get occasionally 100 years. The levees the Netherlands what happened when the levees broke: some money in the water resources bill build protect their people once every 70 percent of the city went underwater. or in an appropriations bill to add to 10,000 years, so they virtually never What you didn’t see was Plaquemine that so we can start protecting our break. That little picture everybody Parish went underwater. This levee people. We may not get to 1 in every might remember, at least those of my helped. This is the only levee in our en- 10,000 years’ storm, but we most cer- age and older, of that little boy with tire State, Golden Meadow, even tainly need to get past 1 out of every the finger in the dike, that is not how though it held in Katrina—you are 100 years. We have to move not from a it is. They have the most extraordinary going to have a hard time believing category 3 protection but to a category investments and infrastructure you this, but this little levee held down 5 protection, and we have to do it can imagine. They have gates that here in Golden Meadow. But since quickly. So I send this bill to the desk open and close. They have diversion Katrina, I can’t seem to get a dollar to and hope we can consider it at the ear- systems. I literally have people in their lift it a little higher because the Corps liest convenience. living rooms with buckets trying to of Engineers, for some reason, doesn’t I wish to also send to the desk some keep the water out. think this is a big priority. It held more detailed information about what I had elected officials come to my of- again in Ike, and it held again in Gus- I have spoken about, and I will con- fice this week with pictures of every- tav. They keep telling me there is clude this portion by saying that this thing that their town owned dumped something wrong, we can’t build a is an urgent matter. I don’t know how out on the street because the water levee this way. I said: Since this levee many storms we have to endure on the comes in. And somehow in America we held and yours broke, maybe Golden gulf coast, America’s energy coast, be- have lost either the interest, the will, Meadow knows something about build- fore this Congress realizes this is an or the ability to use the resources we ing levees. Nevertheless, we don’t have economic disaster, it is an emotional have and the brains that God gave us money to help them strengthen that drain on people who continue to watch to figure this out. levee, although it has been through everything they own flood time and Although countries have done it—and four hurricanes now. time again. I am sure the Netherlands is not the In the last WRDA bill, we authorized If I thought I could relocate 2 million only country that has done it—I am $6.9 billion of projects, which is the people to another part—even if I could here to tell you America is a long way good news, and some of that money get them to go, which I couldn’t be- from getting this right. will be spent here. By the way, there cause this is their home—it would be I came to the floor to introduce a will be billions of dollars spent around too expensive. Who would stay and run bill—it is not going to completely solve the country on levees such as this. We the river? Who would keep these chan- this problem, but I will send it to the are only one of 50 States. I most cer- nels open? Who would drill for the oil desk because it is going to take more tainly don’t think we should get all the and gas? We haven’t figured out how to than one bill to do it. In the supple- money in Louisiana, although we have do this from unmanned aerial plat- mental bill we passed, the emergency a lot of the water. The Mississippi forms yet. People actually have to go disaster bill, there is a portion in that River probably deserves a little extra out into this coastline and work hard bill—it is a $1.5 billion portion—that is because of that, and we do because it is every day in agriculture, in oil and gas directed to only one project in south a water bill, it is not a desert bill. If it and in fisheries. This operation cannot Louisiana. This bill I am going to lay were a desert bill, New Mexico would be run from Kansas City or from Little down will suggest that the $1.5 billion get a good portion of that money. It is Rock, AR. It has to be run on the that is directed to one project be given a water bill. We have a lot of water, so coast. And everybody who lives on a to the State in a way that our Gov- we get a lot of money. coast, whether you live in Florida or ernor, who is not a Democrat but a Re- We have $6 billion. However, in the Texas or South Carolina or North Caro- publican—so I am not doing this with actual appropriations bill, we only lina or Georgia understands what I am party. He is Republican and I am work- have $1.5 billion. So the best way I can talking about. We can’t relocate every- ing with him—to give him and his team think to take that $1.5 billion, instead one to Denver. We have to protect our an opportunity to use those funds to of dedicating it to one project, is give coasts, and we are doing a terrible job cover the billions of dollars of projects it to the Governor and let him, with of it in this country. I am one of the we have underway. his team and the legislature, Demo- Senators who represents the most chal- We have billions of dollars of projects crats and Republicans, figure out how lenged area in the Nation. Louisiana is underway. We have $1.5 billion in the to lay that money down on south Lou- not the only .... bill. So instead of directing it to one isiana to save as much as we can while f particular project, I thought it might we wait and work for the revenue-shar- SUBMITTED RESOLUTIONS be worth discussing the wisdom and ing piece I talked about earlier, the the benefit of trying to give it to our portion of the offshore oil and gas reve- State, allowing them to use it in a way nues. We are now going to get 37 per- SENATE RESOLUTION 690—EX- that will most quickly benefit the most cent of those revenues, which are mon- PRESSING THE SENSE OF THE people. eys that come to the Federal Treasury SENATE CONCERNING THE CON- I want to show the levee structure. that if Louisiana weren’t willing to FLICT BETWEEN RUSSIA AND We have passed since 1986 eight WRDA produce oil and gas, the country would GEORGIA bills, water resources development not have. They might own the re- Mr. KERRY (for himself and Mr. bills. This is the way Congress builds sources off our coast, off our 9-mile SMITH) submitted the following resolu- levees all over the country. The red boundary, but they couldn’t access tion; which was considered and agreed represents Federal levees in Louisiana, those revenues without the people of to: the green represents local levees, and Louisiana agreeing. S. RES. 690 then the yellow is boundaries sepa- Remember, Louisiana, Texas, Mis- Resolved, That it is the sense of the Senate rating our parishes. We don’t have sissippi, and Alabama are the only that— counties, we have parishes. Here is St. States that allow drilling off their (1) irrespective of the origins of the recent Bernard Parish. This parish, by the coasts, and Alaska, which is not in the conflict in Georgia, the disproportionate

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00134 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22649 military response by the Russian Federation continue to live in households that do not erans Awareness Week’’ for the purpose of on the sovereign, internationally recognized have an adequate supply of food; and emphasizing educational efforts directed at territory of Georgia, including the South Whereas selfless sacrifice breeds a genuine elementary and secondary school students Ossetian Autonomous Region (referred to in spirit of thanksgiving, both affirming and re- concerning the contributions and sacrifices this resolution as ‘‘South Ossetia’’) and the storing fundamental principles in our soci- of veterans; and Autonomous Republic of Abkhazia (referred ety: Now, therefore, be it (2) encourages the people of the United to in this resolution as ‘‘Abkhazia’’), is in Resolved, That the Senate— States to observe National Veterans Aware- violation of international law and commit- (1) designates Thursday, November 20, 2008, ness Week with appropriate educational ac- ments of the Russian Federation; as ‘‘Feed America Day’’; and tivities. (2) the actions undertaken by the Govern- (2) encourages the people of the United States to sacrifice 2 meals on Feed America ment of the Russian Federation in Georgia f have diminished its standing in the inter- Day and to donate the money that they national community and should lead to a re- would have spent on food to a religious or view of existing, developing, and proposed charitable organization of their choice for SENATE RESOLUTION 693—RECOG- multilateral and bilateral arrangements; the purpose of feeding the hungry. NIZING THE MONTH OF NOVEM- (3) the United States recognizes significant f BER 2008 AS ‘‘NATIONAL HOME- interests in common with the Russian Fed- SENATE RESOLUTION 692—DESIG- LESS YOUTH AWARENESS eration, including combating the prolifera- MONTH’’ tion of nuclear weapons and fighting ter- NATING THE WEEK OF NOVEM- BER 9 THROUGH NOVEMBER 15, rorism, and these interests can, over time, Mr. LAUTENBERG (for himself, Mr. serve as the basis for improved long-term re- 2008, AS ‘‘NATIONAL VETERANS lations; AWARENESS WEEK’’ TO EMPHA- MARTINEZ, Mrs. MURRAY, Mr. LEVIN, (4) the Government of the Russian Federa- SIZE THE NEED TO DEVELOP Mr. BROWN, Mr. SALAZAR, Mr. OBAMA, tion should immediately comply with the EDUCATIONAL PROGRAMS RE- Mr. MENENDEZ, Mr. CASEY, and Mr. September 8, 2008, follow-on agreement to GARDING THE CONTRIBUTIONS BAYH) submitted the following resolu- the 6-point cease-fire agreement negotiated OF VETERANS TO THE COUNTRY tion; which was considered and agreed on August 12, 2008; (5) the Government of the Russian Federa- Mr. REID (for Mr. BIDEN (for himself, to: LINTON ODD ORGAN tion and the Government of Georgia should— Mrs. C , Mr. D , Mr. D , S. RES. 693 (A) refrain from the future use of force to Mr. COLEMAN, Mr. CASEY, Mrs. LINCOLN, Whereas between 1,600,000 and 2,800,000 resolve the status of Abkhazia and South Mr. KERRY, Mr. WHITEHOUSE, Mr. Ossetia; and children and teens are homeless in the VOINOVICH, Mr. ROCKEFELLER, Ms. United States each year, with many staying (B) work with the United States, Europe, LANDRIEU, Mr. OBAMA, Ms. STABENOW, and other concerned countries and through on the streets or in emergency shelters; Mr. NELSON of Florida, Mr. DURBIN, Mr. the United Nations Security Council, the Or- Whereas families with children are the ganization for Security and Cooperation in BINGAMAN, Mr. BUNNING, Mr. ISAKSON, fastest growing segment of the homeless pop- 1 Europe, and other international fora to iden- Mr. HAGEL, Mr. ALLARD, Mr. KENNEDY, ulation and now make up approximately ⁄3 tify a political settlement that addresses the Mr. TESTER, Mr. INHOFE, Mrs. FEIN- of that population; short-term and long-term status of Abkhazia STEIN, and Mr. STEVENS)) submitted the Whereas many homeless youth experience and South Ossetia, in accordance with prior following resolution; which was consid- isolation and trauma while residing on the United Nations Security Council resolutions; ered and agreed to: streets or in precarious housing situations and may eventually develop depression, anx- (6) the United States should— S. RES. 692 (A) provide humanitarian and economic as- iety, and post-traumatic stress disorder; Whereas tens of millions of Americans sistance to Georgia; Whereas homeless youth are typically too have served in the Armed Forces of the (B) seek to improve commercial relations poor to secure basic needs and are unable to United States during the past century; with Georgia; and access adequate medical or mental health Whereas hundreds of thousands of Ameri- care; (C) working in tandem with the inter- cans have given their lives while serving in national community, continue to support Whereas many youth become homeless due the Armed Forces during the past century; to a lack of financial and housing resources the development of a strong, vibrant, Whereas the contributions and sacrifices of multiparty democracy in Georgia; as they exit juvenile corrections and foster the men and women who served in the Armed care; (7) the President should consult with Con- Forces have been vital in maintaining the gress on future security cooperation and as- Whereas 12 to 36 percent of foster youth ex- freedoms and way of life enjoyed by the peo- perience homelessness at least once after sistance to Georgia, as appropriate; ple of the United States; (8) the United States continues to support exiting foster care; Whereas the advent of the all-volunteer Whereas homeless youth are most often ex- the North Atlantic Treaty Organization dec- Armed Forces has resulted in a sharp decline laration reached at the Bucharest Summit pelled from their homes by their guardians in the number of individuals and families after physical, sexual, or emotional abuse or on April 3, 2008; and who have had any personal connection with (9) the United States should work with the separated from their parents through death the Armed Forces; or divorce without adequate resources; and European Union, Georgia, and its neighbors Whereas this reduction in familiarity with to ensure the free flow of energy to Europe Whereas awareness of the tragedy of youth the Armed Forces has resulted in a marked homelessness and its causes must be height- and the operation of key communication and decrease in the awareness by young people of trade routes. ened so that greater support for effective the nature and importance of the accom- programs involving businesses, families, law f plishments of those who have served in the enforcement agencies, schools, and commu- Armed Forces, despite the current edu- SENATE RESOLUTION 691—DESIG- nity and faith-based organizations, aimed at cational efforts of the Department of Vet- helping youth remain off the streets becomes NATING THURSDAY, NOVEMBER erans Affairs and the veterans service orga- a national priority: Now, therefore, be it 20, 2008, AS ‘‘FEED AMERICA nizations; DAY’’ Whereas the system of civilian control of Resolved, That the Senate— the Armed Forces makes it essential that (1) supports the values and efforts of busi- Mr. HATCH (for himself, Mr. BEN- the future leaders of the Nation understand nesses, organizations, and volunteers dedi- NETT, Mr. COCHRAN, Mr. DURBIN, Mr. the history of military action and the con- cated to meeting the needs of homeless chil- BROWN, Mr. LEVIN, and Mr. CASEY) sub- tributions and sacrifices of those who con- dren and teens; mitted the following resolution; which duct such actions; and (2) applauds the initiatives of businesses, was considered and agreed to: Whereas in each of the years 2000 through organizations, and volunteers that employ 2007 the Senate has recognized the need to time and resources to build awareness of the S. RES. 691 increase the understanding of the contribu- homeless youth problem, its causes, and po- Whereas Thanksgiving Day celebrates the tions of veterans among school-aged children tential solutions, and work to prevent home- spirit of selfless giving and an appreciation by approving a resolution recognizing the lessness among children and teens; and for family and friends; week containing Veterans Day as ‘‘National (3) should recognize the month of Novem- Whereas the spirit of Thanksgiving Day is Veterans Awareness Week’’: Now, therefore, ber 2008 as ‘‘National Homeless Youth a virtue upon which the Nation was founded; be it Awareness Month’’ and encourages these Whereas, according to the Department of Resolved, That the Senate— businesses, organizations, and volunteers to Agriculture, roughly 35,000,000 people in the (1) designates the week of November 9 continue to intensify their efforts during the United States, including 12,000,000 children, through November 15, 2008, as ‘‘National Vet- month of November.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00135 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22650 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 SENATE RESOLUTION 694—DESIG- Whereas the establishment of National TITLE I—CAPITOL VISITOR CENTER NATING THE WEEK BEGINNING Character Counts Week, during which indi- Sec. 101. Designation of facility as Capitol OCTOBER 19, 2008, AS ‘‘NATIONAL viduals, families, schools, youth organiza- Visitor Center; purposes of fa- CHARACTER COUNTS WEEK’’ tions, religious institutions, civic groups, cility; treatment of the Capitol and other organizations focus on character Visitor Center. Mr. DOMENICI (for himself, Mr. education, is of great benefit to the United Sec. 102. Designation and naming within the States: Now, therefore, be it DODD, Mr. ALEXANDER, Mr. ROCKE- Capitol Visitor Center. Resolved, That the Senate— FELLER, Mr. INHOFE, Ms. STABENOW, Mr. Sec. 103. Use of the Emancipation Hall of (1) designates the week beginning October the Capitol Visitor Center. ENZI, Mr. LIEBERMAN, Mr. VOINOVICH, 19, 2008, as ‘‘National Character Counts Mr. BIDEN, Mr. CORNYN, and Ms. MUR- Week’’; and TITLE II—OFFICE OF THE CAPITOL KOWSKI) submitted the following reso- (2) calls upon the people of the United VISITOR CENTER lution; which was considered and States and interested groups— Sec. 201. Establishment. agreed to: (A) to embrace the elements of character Sec. 202. Appointment and supervision of identified by local schools and communities, Chief Executive Officer for Vis- S. RES. 694 such as trustworthiness, respect, responsi- itor Services. Whereas the well-being of the United bility, fairness, caring, and citizenship; and Sec. 203. General duties of Chief Executive States requires that the young people of the (B) to observe the week with appropriate Officer. United States become an involved, caring ceremonies, programs, and activities. Sec. 204. Assistant to the Chief Executive citizenry with good character; f Officer. Whereas the character education of chil- Sec. 205. Gift shop. dren has become more urgent as violence by AMENDMENTS SUBMITTED AND Sec. 206. Food service operations. and against youth increasingly threatens the PROPOSED TITLE III—CAPITOL VISITOR CENTER physical and psychological well-being of the SA 5674. Mr. REID (for Mrs. FEINSTEIN (for REVOLVING FUND people of the United States; herself and Mr. BENNETT) proposed an Sec. 301. Establishment and accounts. Whereas more than ever, children need amendment to the bill H.R. 5159, to establish strong and constructive guidance from their Sec. 302. Deposits in the Fund. the Office of the Capitol Visitor Center with- families and their communities, including Sec. 303. Use of monies. in the Office of the Architect of the Capitol, schools, youth organizations, religious insti- Sec. 304. Administration of Fund. headed by the Chief Executive Officer for tutions, and civic groups; TITLE IV—CAPITOL GUIDE SERVICE AND Visitor Services, to provide for the effective Whereas the character of a nation is only OFFICE OF CONGRESSIONAL ACCESSI- management and administration of the Cap- as strong as the character of its individual BILITY SERVICES itol Visitor Center, and for other purposes. citizens; Subtitle A—Capitol Guide Service SA 5675. Ms. LANDRIEU (for Mr. NELSON, Whereas the public good is advanced when OF FLORIDA (for himself and Mr. INHOFE) pro- Sec. 401. Transfer of Capitol Guide Service. young people are taught the importance of posed an amendment to the resolution S. Sec. 402. Duties of employees of Capitol good character and the positive effects that Res. 660, condemning ongoing sales of arms Guide Service. good character can have in personal relation- to belligerents in Sudan, including the Gov- ships, in school, and in the workplace; Subtitle B—Office of Congressional ernment of Sudan, and calling for both a ces- Whereas scholars and educators agree that Accessibility Services sation of such sales and an expansion of the people do not automatically develop good Sec. 411. Office of Congressional Accessi- United Nations embargo on arms sales to character and that, therefore, conscientious bility Services. Sudan. efforts must be made by institutions and in- Sec. 412. Transfer from Capitol Guide Serv- SA 5676. Mr. COBURN (for himself and Mr. dividuals that influence youth to help young ice. DEMINT) submitted an amendment intended people develop the essential traits and char- to be proposed by him to the bill H.R. 2638, Subtitle C—Transfer Date and Technical and acteristics that comprise good character; making appropriations for the Department Conforming Amendments Whereas, although character development of Homeland Security for the fiscal year end- is, first and foremost, an obligation of fami- Sec. 421. Transfer date. ing September 30, 2008, and for other pur- lies, the efforts of faith communities, Sec. 422. Technical and conforming amend- poses; which was ordered to lie on the table. schools, and youth, civic, and human service ments. SA 5677. Mr. REID proposed an amendment organizations also play an important role in TITLE V—MISCELLANEOUS PROVISIONS to the bill H.R. 2095, to amend title 49, fostering and promoting good character; United States Code, to prevent railroad fa- Sec. 501. Jurisdictions unaffected. Whereas Congress encourages students, talities, injuries, and hazardous materials re- Sec. 502. Student loan repayment authority. teachers, parents, youth, and community leases, to authorize the Federal Railroad Sec. 503. Acceptance of volunteer services. leaders to recognize the importance of char- Safety Administration, and for other pur- Sec. 504. Coins treated as gifts. acter education in preparing young people to poses. Sec. 505. Flexible work schedule pilot pro- play a role in determining the future of the SA 5678. Mr. REID submitted an amend- gram. United States; ment intended to be proposed to amendment TITLE VI—AUTHORIZATION OF Whereas effective character education is SA 5677 proposed by Mr. REID to the bill H.R. APPROPRIATIONS based on core ethical values, which form the 2095, supra. foundation of democratic society; Sec. 601. Authorization of appropriations. Whereas examples of character are trust- f TITLE I—CAPITOL VISITOR CENTER worthiness, respect, responsibility, fairness, TEXT OF AMENDMENTS SEC. 101. DESIGNATION OF FACILITY AS CAPITOL caring, citizenship, and honesty; VISITOR CENTER; PURPOSES OF FA- Whereas elements of character transcend SA 5674. Mr. REID (for Mrs. FEIN- CILITY; TREATMENT OF THE CAP- cultural, religious, and socioeconomic dif- STEIN (for herself and Mr. BENNETT)) ITOL VISITOR CENTER. ferences; proposed an amendment to the bill (a) DESIGNATION.—The facility authorized Whereas the character and conduct of our H.R. 5159, to establish the Office of the for construction under the heading ‘‘CAPITOL youth reflect the character and conduct of Capitol Visitor Center within the Of- VISITOR CENTER’’ under chapter 5 of title II of society, and, therefore, every adult has the division B of the Omnibus Consolidated and responsibility to teach and model ethical fice of the Architect of the Capitol, Emergency Supplemental Appropriations values and every social institution has the headed by the Chief Executive Officer Act, 1999 (Public Law 105–277; 112 Stat. 2681– responsibility to promote the development of for Visitor Services, to provide for the 569) is designated as the Capitol Visitor Cen- good character; effective management and administra- ter and is a part of the Capitol. Whereas Congress encourages individuals tion of the Capitol Visitor Center, and (b) PURPOSES OF THE FACILITY.—The Cap- and organizations, especially those who have for other purposes; as follows: itol Visitor Center shall be used— an interest in the education and training of (1) to provide enhanced security for per- Strike all after the enacting clause and in- the young people of the United States, to sons working in or visiting the United States sert the following: adopt the elements of character as intrinsic Capitol; to the well-being of individuals, commu- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (2) to improve the visitor experience by nities, and society; (a) SHORT TITLE.—This Act may be cited as providing a structure that will afford im- Whereas many schools in the United States the ‘‘Capitol Visitor Center Act of 2008’’. proved visitor orientation and enhance the recognize the need, and have taken steps, to (b) TABLE OF CONTENTS.—The table of con- educational experience of those who have integrate the values of their communities tents for this Act is as follows: come to learn about the Congress and the into their teaching activities; and Sec. 1. Short title; table of contents. Capitol; and

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(3) for other purposes as determined by U.S.C. 2134) shall not apply to any historical (1) APPOINTMENT.—The individual who Congress or the Committee on Rules and Ad- object placed within an exhibit in the Exhi- serves as the Chief Executive Officer for Vis- ministration of the Senate and the Com- bition Hall of the Capitol Visitor Center itor Services under section 6701 of the U.S. mittee on House Administration of the that— Troop Readiness, Veterans’ Care, Katrina House of Representatives. (A)(i) is directly related to the purpose of Recovery, and Iraq Accountability Appro- (c) TREATMENT OF THE CAPITOL VISITOR the Capitol Visitor Center under subsection priation Act of 2007 (2 U.S.C. 1806) as of the CENTER.— (b)(2); date of the enactment of this Act shall be (1) OVERSIGHT.—The Committee on Rules (ii) is the subject of a loan agreement en- the first Chief Executive Officer for Visitor and Administration of the Senate and the tered into by the Architect of the Capitol be- Services appointed by the Architect under Committee on House Administration of the fore December 2, 2008; and this section. House of Representatives shall have over- (iii) has been approved by the Capitol Pres- (2) TECHNICAL AND CONFORMING AMEND- sight of the Capitol Visitor Center. ervation Commission; or MENT.—Section 6701 of the U.S. Troop Readi- (2) TREATMENT OF EXPANSION SPACE OF THE (B) is the subject of a loan agreement de- ness, Veterans’ Care, Katrina Recovery, and SENATE AND HOUSE OF REPRESENTATIVES IN scribed under paragraph (1)(A). Iraq Accountability Appropriation Act of THE CAPITOL VISITOR CENTER.— (4) SUBSTITUTION OF HISTORICAL OBJECT.—A 2007 (2 U.S.C. 1806) is repealed. (A) SENATE.—The expansion space of the loan agreement described under paragraph SEC. 203. GENERAL DUTIES OF CHIEF EXECUTIVE Senate described as unassigned space under (3)(A)(ii) may provide for the removal of an OFFICER. the heading ‘‘CAPITOL VISITOR CENTER’’ historical object from exhibition for preser- (a) ADMINISTRATION OF FACILITIES, SERV- under the heading ‘‘ARCHITECT OF THE vation purposes and the substitution of that ICES, AND ACTIVITIES.— CAPITOL’’ under title II of the Act entitled object with another historical object having (1) IN GENERAL.—Except to the extent oth- ‘‘An Act making appropriations for the Leg- a comparable educational purpose. erwise provided in this Act, the Chief Execu- islative Branch for the fiscal year ending SEC. 102. DESIGNATION AND NAMING WITHIN tive Officer shall be responsible for— September 30, 2002, and for other purposes’’, THE CAPITOL VISITOR CENTER. (A) the operation, management, and budg- approved November 12, 2001 (Public Law 107– (a) IN GENERAL.—Except as provided under et preparation and execution of the Capitol 68; 115 Stat. 588) shall be part of the Senate subsection (b), no part of the Capitol Visitor Visitor Center, including all long term plan- wing of the Capitol. Center may be designated or named without ning and daily operational services and ac- (B) HOUSE OF REPRESENTATIVES.—The ex- the approval of— tivities provided within the Capitol Visitor pansion space of the House of Representa- (1) not less than 3⁄4 of all members on the Center; and tives described as unassigned space under the Capitol Preservation Commission who are (B) in accordance with sections 401 and 402, heading ‘‘CAPITOL VISITOR CENTER’’ under members of the Democratic party; and the management of guided tours of the inte- the heading ‘‘ARCHITECT OF THE CAP- (2) not less than 3⁄4 of all members on the ITOL’’ under title II of the Act entitled ‘‘An rior of the United States Capitol. Capitol Preservation Commission who are Act making appropriations for the Legisla- (2) INDEPENDENT BUDGET CONSIDERATION.— members of the Republican party. tive Branch for the fiscal year ending Sep- (A) IN GENERAL.—The Architect of the Cap- (b) EXCEPTION.—Subsection (a) shall not tember 30, 2002, and for other purposes’’, ap- itol, upon recommendation of the Chief Ex- apply to any room or space under the juris- proved November 12, 2001 (Public Law 107–68; ecutive Officer, shall submit the proposed diction of the Senate or the House of Rep- 115 Stat. 588) shall be part of the House of budget for the Office for a fiscal year in the resentatives. Representatives wing of the Capitol. proposed budget for that year for the Office (d) TREATMENT OF CONGRESSIONAL AUDITO- SEC. 103. USE OF THE EMANCIPATION HALL OF of the Architect of the Capitol (as submitted THE CAPITOL VISITOR CENTER. RIUM AND RELATED ADJACENT AREAS.— by the Architect of the Capitol to the Presi- (1) IN GENERAL.—The Committee on Rules The Emancipation Hall of the Capitol Vis- dent). The proposed budget for the Office and Administration of the Senate and the itor Center may not be used for any event, shall be considered independently from the Committee on House Administration of the except upon the passage of a resolution other components of the proposed budget for House of Representatives shall jointly pre- agreed to by both houses of Congress author- the Architect of the Capitol. scribe regulations for the assignment of the izing the use of the Emancipation Hall for (B) EXCLUSION OF COSTS OF GENERAL MAIN- space in the Capitol Visitor Center known as that event. TENANCE AND REPAIR OF VISITOR CENTER.—In the Congressional Auditorium and the re- TITLE II—OFFICE OF THE CAPITOL preparing the proposed budget for the Office lated adjacent areas. VISITOR CENTER under subparagraph (A), the Chief Executive (2) RELATED ADJACENT AREAS.—The regula- SEC. 201. ESTABLISHMENT. Officer shall exclude costs attributable to tions under paragraph (1) shall include a des- There is established within the Office of the activities and services described under ignation of the areas that are related adja- the Architect of the Capitol the Office of the section 501(b) (relating to continuing juris- cent areas to the Congressional Auditorium. Capitol Visitor Center (in this Act referred diction of the Architect of the Capitol for (e) VISITOR CENTER SPACE IN THE CAP- to as the ‘‘Office’’), to be headed by the Chief the care and superintendence of the Capitol ITOL.—Section 301 of the National Visitor Executive Officer for Visitor Services (in Visitor Center). Center Facilities Act of 1968 (2 U.S.C. 2165) is this Act referred to as the ‘‘Chief Executive (b) PERSONNEL, DISBURSEMENTS, AND CON- repealed. Officer’’). TRACTS.—In carrying out this Act, the Archi- (f) EXHIBITS FOR DISPLAYS.— tect of the Capitol shall have the authority SEC. 202. APPOINTMENT AND SUPERVISION OF (1) IN GENERAL.— CHIEF EXECUTIVE OFFICER FOR to, upon recommendation of the Chief Execu- (A) LOAN AGREEMENTS.—Subject to sub- VISITOR SERVICES. tive Officer— paragraph (B), the Architect of the Capitol (a) APPOINTMENT.—The Chief Executive Of- (1) appoint, hire, and fix the compensation may enter into loan agreements to place his- ficer shall be appointed by the Architect of of such personnel as may be necessary for op- torical objects for display in the Exhibition the Capitol. erations of the Office, except that no em- Hall of the Capitol Visitor Center. (b) SUPERVISION AND OVERSIGHT.—The ployee may be paid at an annual rate in ex- (B) CONSULTATION AND APPROVAL.—The Ar- Chief Executive Officer shall report directly cess of the maximum rate payable for level chitect of the Capitol may exercise the au- to the Architect of the Capitol and shall be 15 of the General Schedule; thority under subparagraph (A) with respect subject to oversight by the Committee on (2) disburse funds as may be necessary and to each loan agreement— Rules and Administration of the Senate and available for the needs of the Office (con- (i) after consultation with— the Committee on House Administration of sistent with the requirements of section 303 (I) the Senate Commission on Art; and the House of Representatives. in the case of amounts in the Capitol Visitor (II) the House of Representatives Fine Arts (c) REMOVAL.—Upon removal of the Chief Center Revolving Fund); and Board; and Executive Officer, the Architect of the Cap- (3) designate an employee of the Office to (ii) subject to the approval of— itol shall immediately provide notice of the serve as contracting officer for the Office, (I) the Committee on Rules and Adminis- removal to the Committee on Rules and Ad- subject to subsection (c). tration of the Senate; and ministration of the Senate, the Committee (c) REQUIRING APPROVAL OF CERTAIN CON- (II) the Committee on House Administra- on House Administration of the House of TRACTS.—The Architect of the Capitol may tion of the House of Representatives. Representatives, and the Committees on Ap- not enter into a contract for the operations (C) EFFECTIVE DATE.—This paragraph shall propriations of the House of Representatives of the Capitol Visitor Center for which the take effect on December 3, 2008. and Senate. The notice shall include the rea- amount involved exceeds $250,000 without the (2) EXHIBITION PROHIBITION.—Section 1815 of sons for the removal. prior approval of the Committee on Rules the Revised Statutes (2 U.S.C. 2134) is (d) COMPENSATION.—The Chief Executive and Administration of the Senate and the amended by inserting ‘‘Emancipation Hall of Officer shall be paid at an annual rate of pay Committee on House Administration of the the Capitol Visitor Center,’’ after ‘‘Ro- equal to the annual rate of pay of the Deputy House of Representatives. tunda,’’. Architect of the Capitol. (d) SEMIANNUAL REPORTS.—The Chief Exec- (3) EXCEPTIONS TO EXHIBITION PROHIBI- (e) TRANSITION FOR CURRENT CHIEF EXECU- utive Officer shall submit a report to the TION.—Section 1815 of the Revised Statutes (2 TIVE OFFICER FOR VISITOR SERVICES.— Committee on Rules and Administration of

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00137 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.002 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22652 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 the Senate and the Committee on House Ad- Center and all commissions received from SEC. 304. ADMINISTRATION OF FUND. ministration of the House of Representatives the contractor for such food service oper- (a) DISBURSEMENTS.—Disbursements from not later than 45 days following the close of ations shall be deposited in the Capitol Vis- the Fund may be made by the Architect of each semiannual period ending on March 31 itor Center Revolving Fund established the Capitol, upon recommendation of the or September 30 of each year on the financial under section 301. Chief Executive Officer. and operational status during the period of (d) EXCEPTION TO PROHIBITION OF SALE OR (b) INVESTMENT AUTHORITY.—The Secretary each function under the jurisdiction of the SOLICITATION ON CAPITOL GROUNDS.—Section of the Treasury shall invest any portion of Chief Executive Officer. Each such report 5104(c) of title 40, United States Code, shall the Fund that, as determined by the Archi- shall include financial statements and a de- not apply to any activity carried out under tect of the Capitol, upon recommendation of scription or explanation of current oper- this section. the Chief Executive Officer, is not required ations, the implementation of new policies TITLE III—CAPITOL VISITOR CENTER to meet current expenses. Each investment and procedures, and future plans for each REVOLVING FUND shall be made in an interest-bearing obliga- tion of the United States or an obligation function. SEC. 301. ESTABLISHMENT AND ACCOUNTS. guaranteed both as to principal and interest SEC. 204. ASSISTANT TO THE CHIEF EXECUTIVE There is established in the Treasury of the by the United States that, as determined by OFFICER. United States a revolving fund to be known the Architect of the Capitol, upon rec- (a) IN GENERAL.—The Architect of the Cap- as the Capitol Visitor Center Revolving Fund ommendation of the Chief Executive Officer, itol shall— (in this section referred to as the ‘‘Fund’’), has a maturity date suitable for the purposes (1) upon recommendation of the Chief Ex- consisting of the following individual ac- of the Fund. The Secretary of the Treasury ecutive Officer, appoint an assistant who counts: shall credit interest earned on the obliga- shall perform the responsibilities of the (1) The Gift Shop Account. tions to the Fund. Chief Executive Officer during the absence or (2) The Miscellaneous Receipts Account. (c) AUDIT.—The Fund shall be subject to disability of the Chief Executive Officer, or SEC. 302. DEPOSITS IN THE FUND. audit by the Comptroller General at the dis- during a vacancy in the position of the Chief (a) GIFT SHOP ACCOUNT.—There shall be de- cretion of the Comptroller General. Executive Officer; and posited in the Gift Shop Account all monies TITLE IV—CAPITOL GUIDE SERVICE AND (2) notwithstanding section 203(b)(1), fix received from sales and other services by the OFFICE OF CONGRESSIONAL ACCESSI- the rate of basic pay for the position of the gift shop established under section 205, to- BILITY SERVICES assistant appointed under subparagraph (A) gether with any interest accrued on balances Subtitle A—Capitol Guide Service at a rate not to exceed the highest total rate in the Account. SEC. 401. TRANSFER OF CAPITOL GUIDE SERV- of pay for the Senior Executive Service (b) MISCELLANEOUS RECEIPTS ACCOUNT.— ICE. under subchapter VIII of chapter 53 of title 5, There shall be deposited in the Miscella- (a) TRANSFER OF AUTHORITIES AND PER- United States Code, for the locality involved. neous Receipts Account each of the following SONNEL TO OFFICE OF THE CAPITOL VISITOR (b) TRANSITION FOR CURRENT ASSISTANT (together with any interest accrued on bal- CENTER.—In accordance with the provisions CHIEF EXECUTIVE OFFICER.— ances in the Account): of this title, effective on the transfer date— (1) APPOINTMENT.—The individual who (1) Any amounts deposited under section (1) the Capitol Guide Service shall be an of- serves as the assistant under section 1309 of 206(c). fice within the Office; the Legislative Branch Appropriations Act, (2) Any other receipts received from the (2) the contracts, liabilities, records, prop- 2008 (2 U.S.C. 1807) as of the date of the en- operation of the Capitol Visitor Center. erty, appropriations, and other assets and in- actment of this Act shall be the first Assist- (3) Any amounts described under section terests of the Capitol Guide Service, estab- ant Chief Executive Officer for Visitor Serv- 504(d). lished under section 441 of the Legislative ices appointed by the Architect under this SEC. 303. USE OF MONIES. Reorganization Act of 1970 (2 U.S.C. 2166), section. (a) GIFT SHOP ACCOUNT.— and the employees of the Capitol Guide Serv- (2) TECHNICAL AND CONFORMING AMEND- (1) IN GENERAL.—All monies in the Gift ice, are transferred to the Office, except that MENT.—Section 1309 of the Legislative Shop Account shall be available without fis- the transfer of any amounts appropriated to Branch Appropriations Act, 2008 (2 U.S.C. cal year limitation for disbursement by the the Capitol Guide Service that remain avail- 1807) is repealed. Architect of the Capitol, upon recommenda- able as of the transfer date shall occur only SEC. 205. GIFT SHOP. tion of the Chief Executive Officer, in con- upon the approval of the Committees on Ap- (a) ESTABLISHMENT.—The Architect of the nection with the operation of the gift shop propriations of the House of Representatives Capitol, acting through the Chief Executive under section 205, including supplies, inven- and Senate; and Officer, shall establish a Capitol Visitor Cen- tories, equipment, and other expenses. In ad- (3) the Capitol Guide Service shall be sub- ter Gift Shop within the Capitol Visitor Cen- dition, such monies may be used by the Ar- ject to the direction of the Architect of the ter for the purpose of providing for the sale chitect of the Capitol, upon recommendation Capitol, upon recommendation of the Chief of gift items. All moneys received from sales of the Chief Executive Officer, to reimburse Executive Officer, in accordance with this and other services by the Capitol Visitor any applicable appropriations account for subtitle. Center Gift Shop shall be deposited in the amounts used from such appropriations ac- (b) TREATMENT OF EMPLOYEES OF CAPITOL Capitol Visitor Center Revolving Fund estab- count to pay the salaries of employees of the GUIDE SERVICE AT TIME OF TRANSFER.— lished under section 301 and shall be avail- gift shops. (1) IN GENERAL.—Any individual who is an able for purposes of this section. (2) USE OF REMAINING FUNDS.—To the ex- employee of the Capitol Guide Service on a (b) EXCEPTION TO PROHIBITION OF SALE OR tent monies in the Gift Shop Account are non-temporary basis on the transfer date SOLICITATION ON CAPITOL GROUNDS.—Section available after disbursements and reimburse- who is transferred to the Office under sub- 5104(c) of title 40, United States Code, shall ments are made under paragraph (1), the Ar- section (a) shall be subject to the authority not apply to any activity carried out under chitect of the Capitol, upon recommendation of the Architect of the Capitol under section this section. of the Chief Executive Officer, may disburse 402(b), except that the individual’s grade, SEC. 206. FOOD SERVICE OPERATIONS. such monies for the operation of the Capitol compensation, rate of leave, or other bene- (a) RESTAURANT, CATERING, AND VENDING.— Visitor Center, after consultation with— fits that apply with respect to the individual The Architect of the Capitol, acting through (A) the Committee on Rules and Adminis- at the time of transfer shall not be reduced the Chief Executive Officer, shall establish tration of the Senate and the Committee on while such individual remains continuously within the Capitol Visitor Center a res- House Administration of the House of Rep- so employed in the same position within the taurant and other food service facilities, in- resentatives; and Office, other than for cause. cluding catering services and vending ma- (B) the Committees on Appropriations of (2) ELIGIBILITY FOR IMMEDIATE RETIREMENT chines. the House of Representatives and Senate. ON BASIS OF INVOLUNTARY SEPARATION.—For (b) CONTRACT FOR FOOD SERVICE OPER- (b) MISCELLANEOUS RECEIPTS ACCOUNT.— purposes of section 8336(d) and section 8414(b) ATIONS.— All monies in the Miscellaneous Receipts Ac- of title 5, United States Code, an individual (1) IN GENERAL.—The Architect of the Cap- count shall be available without fiscal year described in paragraph (1) who is separated itol, acting through the Chief Executive Offi- limitation for disbursement by the Architect from service with the Office shall be consid- cer, may enter into a contract for food serv- of the Capitol, upon recommendation of the ered to have separated from the service in- ice operations within the Capitol Visitor Chief Executive Officer, for the operations of voluntarily if, at the time the individual is Center. the Capitol Visitor Center, after consulta- separated from service— (2) EXISTING CONTRACT UNAFFECTED.—Noth- tion with— (A) the individual has completed 25 years ing in paragraph (1) shall be construed to af- (1) the Committee on Rules and Adminis- of service under such title; or fect any contract for food service operations tration of the Senate and the Committee on (B) the individual has completed 20 years within the Capitol Visitor Center in effect on House Administration of the House of Rep- of service under such title and is 50 years of the date of enactment of this Act. resentatives; and age or older. (c) DEPOSITS.—All net profits from the food (2) the Committees on Appropriations of (c) EXCEPTION FOR CONGRESSIONAL SPECIAL service operations within the Capitol Visitor the House of Representatives and Senate. SERVICES OFFICE.—This section does not

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00138 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22653 apply with respect to any employees, con- the House of Representatives, prescribe such of the Senate and the House of Representa- tracts, liabilities, records, property, appro- regulations as the Architect of the Capitol tives. priations, and other assets and interests of considers necessary and appropriate for the ‘‘(B) UNITED STATES CAPITOL COMPLEX DE- the Congressional Special Services Office of operation of the Capitol Guide Service, in- FINED.—In this paragraph, the term ‘United the Capitol Guide Service that are trans- cluding regulations with respect to tour States Capitol Complex’ means the Capitol ferred to the Office of Congressional Accessi- routes and hours of operation, number of buildings (as defined in section 5101 of title bility Services under subtitle B. visitors per guide, staff-led tours, and non- 40, United States Code) and the United SEC. 402. DUTIES OF EMPLOYEES OF CAPITOL law enforcement security and special event States Capitol Grounds (as described in sec- GUIDE SERVICE. related support. tion 5102 of such title). (a) PROVISION OF GUIDED TOURS.— (c) PROVISION OF ACCESSIBLE TOURS IN CO- ‘‘(b) DIRECTOR OF ACCESSIBILITY SERV- (1) TOURS.—In accordance with this sec- ORDINATION WITH OFFICE OF CONGRESSIONAL ICES.— tion, the Capitol Guide Service shall provide ACCESSIBILITY SERVICES.—The Chief Execu- ‘‘(1) APPOINTMENT, PAY, AND REMOVAL.— without charge guided tours of the interior tive Officer shall coordinate the provision of ‘‘(A) APPOINTMENT AND PAY.—The Director of the United States Capitol, including the accessible tours for individuals with disabil- of Accessibility Services shall be appointed Capitol Visitor Center, for the education and ities with the Office of Congressional Acces- by the Congressional Accessibility Services enlightenment of the general public. sibility Services established under subtitle Board and shall be paid at a rate of pay de- (2) ACCEPTANCE OF FEES PROHIBITED.—An B. termined by the Congressional Accessibility employee of the Capitol Guide Service shall (d) DETAIL OF PERSONNEL.—The Architect Services Board. not charge or accept any fee, or accept any of the Capitol shall detail personnel of the ‘‘(B) REMOVAL.—Upon removal of the Di- gratuity, for or on account of the official Capitol Guide Service based on a request rector of Accessibility Services, the Congres- services of that employee. from the Capitol Police Board to assist the sional Accessibility Services Board shall im- (3) REGULATIONS OF THE ARCHITECT OF THE United States Capitol Police by providing mediately provide notice of the removal to CAPITOL.—All such tours shall be conducted ushering and informational services, and the Committee on Rules and Administration in compliance with regulations approved by other services not directly involving law en- of the Senate, the Committee on House Ad- the Architect of the Capitol, upon rec- forcement, in connection with— ministration of the House of Representa- ommendation of the Chief Executive Officer. (1) the inauguration of the President and tives, and the Committees on Appropriations (b) AUTHORITY OF THE ARCHITECT OF THE Vice President of the United States; of the House of Representatives and Senate. CAPITOL.—In providing for the direction, su- (2) the official reception of representatives The notice shall include the reasons for the pervision, and control of the Capitol Guide of foreign nations and other persons by the removal. Service, the Architect of the Capitol, upon Senate or House of Representatives; or ‘‘(2) PERSONNEL AND OTHER ADMINISTRATIVE recommendation of the Chief Executive Offi- (3) other special or ceremonial occasions in FUNCTIONS.— cer, is authorized to— the United States Capitol or on the United ‘‘(A) PERSONNEL, DISBURSEMENTS, AND CON- (1) subject to the availability of appropria- States Capitol Grounds that— TRACTS.—In carrying out the functions of the tions, establish and revise such number of (A) require the presence of additional Gov- Office of Congressional Accessibility Serv- positions of Guide in the Capitol Guide Serv- ernment personnel; and ices under subsection (a), the Director of Ac- ice as the Architect of the Capitol considers (B) cause the temporary suspension of the cessibility Services shall have the authority necessary to carry out effectively the activi- performance of regular duties. to— ties of the Capitol Guide Service; (e) EFFECTIVE DATE.—This section shall ‘‘(i) appoint, hire, and fix the compensation (2) appoint, on a permanent basis without take effect on the transfer date. of such personnel as may be necessary for op- regard to political affiliation and solely on Subtitle B—Office of Congressional erations of the Office of Congressional Acces- the basis of fitness to perform their duties, a Accessibility Services sibility Services, except that no employee Chief Guide and such deputies as the Archi- SEC. 411. OFFICE OF CONGRESSIONAL ACCESSI- may be paid at an annual rate in excess of tect of the Capitol considers appropriate for BILITY SERVICES. the annual rate of pay for the Director of Ac- the effective administration of the Capitol (a) IN GENERAL.—Section 310 of the Legis- cessibility Services; Guide Service and, in addition, such number lative Branch Appropriations Act, 1990 (2 ‘‘(ii) take appropriate disciplinary action, of Guides as may be authorized; U.S.C. 130e) is amended to read as follows: including, when circumstances warrant, sus- (3) with the approval of the Committee on ‘‘SEC. 310. OFFICE OF CONGRESSIONAL ACCESSI- pension from duty without pay, reduction in Rules and Administration of the Senate and BILITY SERVICES. pay, demotion, or termination of employ- the Committee on House Administration of ‘‘(a) ESTABLISHMENT OF OFFICE OF CONGRES- ment with the Office of Congressional Acces- the House of Representatives, with respect SIONAL ACCESSIBILITY SERVICES.— sibility Services, against any employee; to the individuals appointed under paragraph ‘‘(1) ESTABLISHMENT.—There is established ‘‘(iii) disburse funds as may be necessary (2)— in the legislative branch the Office of Con- and available for the needs of the Office of (A) prescribe the individual’s duties and re- gressional Accessibility Services, to be head- Congressional Accessibility Services; and sponsibilities; and ed by the Director of Accessibility Services. ‘‘(iv) serve as contracting officer for the (B) fix, and adjust from time to time, re- ‘‘(2) CONGRESSIONAL ACCESSIBILITY SERVICES Office of Congressional Accessibility Serv- spective rates of pay at single per annum BOARD.— ices. (gross) rates; ‘‘(A) ESTABLISHMENT.—There is established ‘‘(B) AGREEMENTS WITH THE OFFICE OF THE (4) with respect to the individuals ap- the Congressional Accessibility Services ARCHITECT OF THE CAPITOL, WITH OTHER LEGIS- pointed under paragraph (2), take appro- Board, which shall be composed of— LATIVE BRANCH AGENCIES, AND WITH OFFICES priate disciplinary action, including, when ‘‘(i) the Sergeant at Arms and Doorkeeper OF THE SENATE AND HOUSE OF REPRESENTA- circumstances warrant, suspension from of the Senate; TIVES.—Subject to the approval of the Com- duty without pay, reduction in pay, demo- ‘‘(ii) the Secretary of the Senate; mittee on Rules and Administration of the tion, or termination of employment with the ‘‘(iii) the Sergeant at Arms of the House of Senate and the Committee on House Admin- Capitol Guide Service, against any employee Representatives; istration of the House of Representatives, who violates any provision of this section or ‘‘(iv) the Clerk of the House of Representa- the Director of Accessibility Services may any regulation prescribed by the Architect of tives; and place orders and enter into agreements with the Capitol under paragraph (8); ‘‘(v) the Architect of the Capitol. the Office of the Architect of the Capitol, (5) prescribe a uniform dress, including ap- ‘‘(B) DIRECTION OF BOARD.—The Office of with other legislative branch agencies, and propriate insignia, which shall be worn by Congressional Accessibility Services shall be with any office or other entity of the Senate personnel of the Capitol Guide Service; subject to the direction of the Congressional or House of Representatives for procuring (6) from time to time and as may be nec- Accessibility Services Board. goods and providing financial and adminis- essary, procure and furnish such uniforms to ‘‘(3) MISSION AND FUNCTIONS.— trative services on behalf of the Office of such personnel without charge to such per- ‘‘(A) IN GENERAL.—The Office of Congres- Congressional Accessibility Services, or to sonnel; sional Accessibility Services shall— otherwise assist the Director in the adminis- (7) receive and consider advice and infor- ‘‘(i) provide and coordinate accessibility tration and management of the Office of mation from any private historical or edu- services for individuals with disabilities, in- Congressional Accessibility Services. cational organization, association, or society cluding Members of Congress, officers and ‘‘(3) SEMIANNUAL REPORTS.—The Director of with respect to those operations of the Cap- employees of the House of Representatives Accessibility Services shall submit a report itol Guide Service which involve the fur- and the Senate, and visitors, in the United to the Committee on Rules and Administra- nishing of historical and educational infor- States Capitol Complex; and tion of the Senate and the Committee on mation to the general public; and ‘‘(ii) provide information regarding acces- House Administration of the House of Rep- (8) with the approval of the Committee on sibility for individuals with disabilities, as resentatives not later than 45 days following Rules and Administration of the Senate and well as related training and staff develop- the close of each semiannual period ending the Committee on House Administration of ment, to Members of Congress and employees on March 31 or September 30 of each year on

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00139 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22654 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 the financial and operational status during described in paragraph (1) who is separated ficer shall be construed to affect the exclu- the period of each function under the juris- from service with the Office of Congressional sive jurisdiction of the Architect of the Cap- diction of the Director. Each such report Accessibility Services shall be considered to itol for the care and superintendence of the shall include financial statements and a de- have separated from the service involun- Capitol Visitor Center. All maintenance scription or explanation of current oper- tarily if, at the time the individual is sepa- services, groundskeeping services, improve- ations, the implementation of new policies rated from service— ments, alterations, additions, and repairs for and procedures, and future plans for each (A) the individual has completed 25 years the Capitol Visitor Center shall be made function.’’. of service under such title; or under the direction and supervision of the (b) SPECIFIC FUNCTIONS.—The Director of (B) the individual has completed 20 years Architect, subject to the approval of the Accessibility Services shall submit to the of service under such title and is 50 years of Committee on Rules and Administration of Committee on Rules and Administration of age or older. the Senate and the House Office Building the Senate and the Committee on House Ad- (3) PROHIBITING IMPOSITION OF PROBA- Commission as to matters of general policy. ministration of the House of Representatives TIONARY PERIOD.—The Director of Accessi- (2) TECHNICAL AND CONFORMING AMEND- a list of the specific functions that the Office bility Services may not impose a period of MENT.—Section 1305 of the Legislative of Congressional Accessibility Services will probation with respect to the transfer of any Branch Appropriations Act, 2008 (2 U.S.C. perform in carrying out this subtitle with individual who is transferred to the Office of 1825) is repealed. the approval of the Committee on Rules and Congressional Accessibility Services under SEC. 502. STUDENT LOAN REPAYMENT AUTHOR- Administration of the Senate and the Com- subsection (a). ITY. mittee on House Administration of the Subtitle C—Transfer Date and Technical and Section 5379(a)(1)(A) of title 5, United House of Representatives. The Director of Conforming Amendments States Code, is amended by inserting ‘‘, the Architect of the Capitol, the Botanic Garden, Accessibility Services shall submit the list SEC. 421. TRANSFER DATE. and the Office of Congressional Accessibility not later than 30 days after the transfer date. In this title, the term ‘‘transfer date’’ Services’’ after ‘‘title’’. (c) TRANSITION FOR CURRENT DIRECTOR.— means the date occurring on the first day of The individual who serves as the head of the the first pay period (applicable to employees SEC. 503. ACCEPTANCE OF VOLUNTEER SERV- ICES. Congressional Special Services Office as of transferred under section 401) occurring on Notwithstanding section 1342 of title 31, the date of the enactment of this Act shall or after 30 days after the date of enactment be the first Director of Accessibility Services United States Code, the Architect of the of this Act. Capitol, upon the recommendation of the appointed by the Congressional Accessibility SEC. 422. TECHNICAL AND CONFORMING AMEND- Services Board under section 310 of the Leg- Chief Executive Officer, may accept and use MENTS. voluntary and uncompensated services for islative Branch Appropriations Act, 1990 (2 (a) EXISTING AUTHORITY OF CAPITOL GUIDE U.S.C. 130e) (as amended by this section). the Capitol Visitor Center as the Architect SERVICE.—Section 441 of the Legislative Re- of the Capitol determines necessary. No per- SEC. 412. TRANSFER FROM CAPITOL GUIDE SERV- organization Act of 1970 (2 U.S.C. 2166) is re- ICE. son shall be permitted to donate personal pealed. services under this section unless such per- (a) TRANSFER OF AUTHORITIES AND PER- (b) COVERAGE UNDER CONGRESSIONAL AC- son has first agreed, in writing, to waive any SONNEL OF CONGRESSIONAL SPECIAL SERVICES COUNTABILITY ACT OF 1995.— and all claims against the United States OFFICE OF CAPITOL GUIDE SERVICE.—In ac- (1) TREATMENT OF EMPLOYEES AS COVERED arising out of or connection with such serv- cordance with the provisions of this title, ef- EMPLOYEES.—Section 101(3)(C) of the Con- ices, other than a claim under the provisions fective on the transfer date— gressional Accountability Act of 1995 (2 of chapter 81 of title 5, United States Code. (1) the contracts, liabilities, records, prop- U.S.C. 1301(3)(C)) is amended to read as fol- No person donating personal services under erty, appropriations, and other assets and in- lows: this section shall be considered an employee terests of the Congressional Special Services ‘‘(C) the Office of Congressional Accessi- of the United States for any purpose other Office of the Capitol Guide Service, and the bility Services;’’. than for purposes of chapter 81 of such title. employees of such Office, are transferred to (2) TREATMENT OF OFFICE AS EMPLOYING OF- In no case shall the acceptance of personal the Office of Congressional Accessibility FICE.—Section 101(9)(D) of such Act (2 U.S.C. services under this subsection result in the Services established under section 310(a) of 1301(9)(D)) is amended by striking ‘‘the Cap- reduction of pay or displacement of any em- the Legislative Branch Appropriations Act, itol Guide Board,’’ and inserting ‘‘the Office ployee of the Office of the Architect of the 1990 (2 U.S.C. 130e) (as amended by section of Congressional Accessibility Services,’’. Capitol. 411 of this Act), except that the transfer of (3) RIGHTS AND PROTECTIONS RELATING TO SEC. 504. COINS TREATED AS GIFTS. any amounts appropriated to the Congres- PUBLIC SERVICES AND ACCOMMODATIONS.—Sec- (a) DEFINITION.—In this section, the term sional Special Services Office that remain tion 210(a)(4) of such Act (2 U.S.C. 1331(a)(4)) ‘‘covered grounds’’ means— available as of the transfer date shall occur is amended to read as follows: (1) the grounds described under section 5102 only upon the approval of the Committees on ‘‘(4) the Office of Congressional Accessi- of title 40, United States Code; Appropriations of the House of Representa- bility Services;’’. (2) the Capitol Buildings defined under sec- tives and Senate; and (4) PERIODIC INSPECTIONS FOR OCCUPATIONAL tion 5101 of title 40, United States Code, in- (2) the employees of such Office shall be SAFETY AND HEALTH COMPLIANCE.—Section cluding the Capitol Visitor Center; and subject to the direction, supervision, and 215(e)(1) of such Act (2 U.S.C. 1341(e)(1)) is (3) the Library of Congress buildings and control of the Director of Accessibility Serv- amended by striking ‘‘the Capitol Guide grounds described under section 11 of the Act ices. Service,’’ and inserting ‘‘the Office of Con- entitled ‘‘An Act relating to the policing of REATMENT OF EMPLOYEES AT TIME OF (b) T gressional Accessibility Services,’’. the buildings and grounds of the Library of TRANSFER.— (c) TREATMENT AS CONGRESSIONAL EMPLOY- Congress’’, approved August 4, 1950 (2 U.S.C. (1) IN GENERAL.—Any individual who is an EES FOR RETIREMENT PURPOSES.—Section 167j). 2107(9) of title 5, United States Code, is employee of the Congressional Special Serv- (b) TREATMENT OF COINS.—In the case of ices Office of the Capitol Guide Service on a amended to read as follows: any coins in any fountains on covered non-temporary basis on the transfer date ‘‘(9) an employee of the Office of Congres- grounds— who is transferred under subsection (a) shall sional Accessibility Services.’’. (1) such coins shall be treated as gifts to (d) EFFECTIVE DATE.—The amendments be subject to the authority of the Director of the United States; and made by this section shall take effect on the Accessibility Services under section 310(b) of (2) the Architect of the Capitol shall— transfer date. the Legislative Branch Appropriations Act, (A) collect such coins at such times and in 1990 (2 U.S.C. 130e) (as amended by section TITLE V—MISCELLANEOUS PROVISIONS such manner as the Architect determines ap- 411 of this Act), except that the individual’s SEC. 501. JURISDICTIONS UNAFFECTED. propriate; and grade, compensation, rate of leave, or other (a) SECURITY JURISDICTION UNAFFECTED.— (B) except as provided under subsection (c), benefits that apply with respect to the indi- Nothing in this Act granting any authority deposit the collected coins in accordance vidual at the time of transfer shall not be re- to the Architect of the Capitol or Chief Exec- with subsection (d). duced while such individual remains con- utive Officer shall be construed to affect the (c) COST REIMBURSEMENT.—Any amount tinuously so employed in the same position exclusive jurisdiction of the Capitol Police, collected under this section shall first be within the Office of Congressional Accessi- the Capitol Police Board, the Sergeant at used to reimburse the Architect of the Cap- bility Services established under section Arms and Doorkeeper of the Senate, and the itol for any costs incurred in the collection 310(a) of the Legislative Branch Appropria- Sergeant at Arms of the House of Represent- and processing of the coins. The amount of tions Act, 1990 (2 U.S.C. 130e) (as amended by atives to provide security for the Capitol, in- any such reimbursement is appropriated to section 411 of this Act), other than for cause. cluding the Capitol Visitor Center. the account from which such costs were paid (2) ELIGIBILITY FOR IMMEDIATE RETIREMENT (b) ARCHITECT OF THE CAPITOL JURISDICTION and may be used for any authorized purpose ON BASIS OF INVOLUNTARY SEPARATION.—For UNAFFECTED.— of that account. purposes of section 8336(d) and section 8414(b) (1) IN GENERAL.—Nothing in this Act grant- (d) DEPOSIT OF COINS.—The Architect of of title 5, United States Code, an individual ing any authority to the Chief Executive Of- the Capitol shall deposit coins collected

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00140 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22655 under this section in the Miscellaneous Re- amend title 49, United States Code, to S. 3023 ceipts Account of the Capitol Visitor Center prevent railroad fatalities, and haz- Resolved, That the bill from the Senate (S. Revolving Fund established under section ardous materials releases, to authorize 3023) entitled ‘‘An Act to amend title 38, 301. the Federal Railroad Safety Adminis- United States Code, to improve and enhance (e) AUTHORIZED USE AND AVAILABILITY.— compensation and pension, housing, labor Amounts deposited in the Miscellaneous Re- tration, and for other purposes; as fol- and education, and insurance benefits for ceipts Account of the Capitol Visitor Center lows: veterans, and for other purposes’’, do pass Revolving Fund under this section shall be At the end, insert the following: with an amendment. available as provided under section 303(b). The provisions of this Act shall become ef- Ms. LANDRIEU. Mr. President, I ask SEC. 505. FLEXIBLE WORK SCHEDULE PILOT PRO- fective in 2 days after enactment. GRAM. unanimous consent that the Senate (a) IN GENERAL.—Section 1302 of the Legis- SA 5678. Mr. REID submitted an concur in the amendment of the House lative Branch Appropriations Act, 2008 (2 amendment intended to be proposed to to the Senate bill and the motion to re- U.S.C. 1831 note; 121 Stat. 2242) is amended in amendment SA 5677 proposed by Mr. consider be laid upon the table; fur- the third sentence by striking ‘‘September ther, that any statements be printed in 30, 2008’’ and inserting ‘‘September 30, 2010’’. REID to the bill H.R. 2095, to amend title 49, United States Code, to prevent the RECORD. (b) EFFECTIVE DATE.—The amendment The PRESIDING OFFICER. Without made under subsection (a) shall take effect railroad fatalities, injuries, and haz- objection, it is so ordered. as though enacted as part of the Legislative ardous materials releases, to authorize Mr. AKAKA. Mr. President, I am Branch Appropriations Act, 2008 (Public Law the Federal Railroad Safety Adminis- 110–161; 121 Stat. 2218 et seq.). pleased that the Senate is acting on S. tration, and for other purposes; as fol- 3023, as amended, the proposed Vet- TITLE VI—AUTHORIZATION OF lows: APPROPRIATIONS erans’ Benefits Improvement Act of In the amendment, strike ‘‘2’’ and insert 2008, as passed by the House of Rep- SEC. 601. AUTHORIZATION OF APPROPRIATIONS. ‘‘1.’’ There are authorized to be appropriated resentatives earlier this week. The bill, such sums as are necessary to carry out this f as it comes before the Senate, is a com- Act. NOTICE OF INTENT TO OBJECT TO promise agreement developed with our PROCEEDING counterparts on the House Committee SA 5675. Ms. LANDRIEU (for Mr. on Veterans’ Affairs. I thank Chairman NELSON of Florida (for himself and Mr. Mr. FEINGOLD, pursuant to the pro- FILNER and Ranking Member BUYER of visions of section 512 of Public Law 110– INHOFE)) proposed an amendment to the House committee for their coopera- the resolution S. Res. 660, condemning 181, submitted his notice of intent to tion on this legislation. I also thank ongoing sales of arms to belligerents in object to proceed to consider the reso- my good friend, the committee’s rank- Sudan, including the Government of lution (S. Res. 626) expressing the sense ing member, Senator BURR, for his co- Sudan, and calling for both a cessation of the Senate that the Supreme Court operation as we have developed this of such sales and an expansion of the of the United States erroneously de- bill. United Nations embargo on arms sales cided Kennedy v. Louisiana, No. 07–343 This omnibus veterans’ benefits bill to Sudan; as follows: (2008), and that the eighth amendment will provide much needed support to Strike paragraphs (3) through (5) of the re- to the Constitution of the United our Nation’s veterans. It contains pro- solving clause and insert the following: States allows the imposition of the visions that are designed to enhance (3) in light of the well-documented exist- death penalty for the rape of a child, compensation, claims processing, hous- ence of arms in Darfur that were transferred dated July 25, 2008, for the following from China and Russia and the insistence of ing, labor and education and insurance the Government of Sudan that it will not reasons: benefits for veterans. A full expla- abide by the embargo, all United Nations It would be inappropriate for the U.S. nation of the Senate and House nego- member states should immediately cease all Senate to express a view on this case at tiated agreement can be found in the arms sales to the Government of Sudan; and this time and in this manner, as the Joint Explanatory Statement, which I (4) the United States Permanent Rep- United States Supreme Court has will ask appear in the RECORD at the resentative to the United Nations should use asked the parties in this case and the conclusion of my remarks. the voice and vote of the United States in Solicitor General of the United States I will highlight a few of the provi- the United Nations Security Council to seek to submit supplemental briefs in re- sions that I have sponsored in the leg- an appropriate expansion of the arms embar- islation that is before us today. go imposed by Security Council Resolutions sponse to a Petition for Rehearing. The 1556 and 1591. Senate should not intervene in this on- This legislation would result in im- going legal proceeding. Senators are proved notices being sent to veterans SA 5676. Mr. COBURN (for himself free to express their opinions on how concerning their claims for VA bene- and Mr. DEMINT) submitted an amend- the Supreme Court should rule on the fits. Following a number of decisions ment intended to be proposed by him Petition through amicus briefs if they by the U.S. Court of Appeals for Vet- to the bill H.R. 2638, making appropria- wish. erans Claims and the U.S. Court of Ap- tions for the Department of Homeland f peals for the Federal Circuit, VA’s no- Security for the fiscal year ending Sep- tification letters to veterans about the tember 30, 2008, and for other purposes; PRIVILEGES OF THE FLOOR status of their claims have become in- which was ordered to lie on the table; Mr. COCHRAN. Mr. President, I ask creasingly long, complex, and difficult as follows: unanimous consent that Pete Evans, a to understand. These notification let- Strike section 8006. fellow in the office of Senator DOMEN- ters must be simplified, as veterans, At the appropriate place, insert the fol- ICI, and Peggy Mallow, a member of his VA, veterans’ advocates, and outside lowing: staff, be granted floor privileges for the review bodies have all recommended. SEC. ll. Notwithstanding any other pro- remainder of the day. The notices should focus on the specific vision of this Act, none of the funds appro- priated or otherwise made available by this The PRESIDING OFFICER. Without type of claim presented. They should Act may be available for any Congression- objection, it is so ordered. use plain and ordinary language rather ally directed spending item including f than bureaucratic jargon. Veterans projects listed in the tables titled ‘‘Expla- should not be subjected to confusing nation of Project Level Adjustments’’ in the VETERANS’ BENEFITS information as they seek benefits. explanatory statement described in section IMPROVEMENT ACT OF 2008 To further improve the VA com- 4: Provided, That the amount made available Ms. LANDRIEU. Mr. President, I ask pensation system, this legislation for all corresponding programs, projects, and the Chair to lay before the Senate a would end the prohibition on judicial activities in such tables is rescinded, and the message from the House of Representa- review in the U.S. Court of Appeals for corresponding amounts be returned to the Treasury for debt reduction. tives with respect to S. 3023. the Federal Circuit of matters con- The Presiding Officer laid before the cerning the VA rating schedule. VA SA 5677. Mr. REID proposed an Senate the following message from the issues regulations which are used to as- amendment to the bill H.R. 2095, to House of Representatives: sign ratings to veterans for particular

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00141 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22656 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 disabilities. Under current law, actions percent guaranty, which is typically benefits they earned through service. concerning the rating schedule are not required to place the loan on the sec- In addition, those returning to tradi- subject to judicial review unless a con- ondary market. Under current law, this tional homelands, especially reserva- stitutional challenge is presented. This does not include regular refinance tion communities, frequently come legislation would amend the law to loans. home to dismal job opportunities and treat actions concerning the rating Current law limits to $36,000 the starved economies. The proposed bill schedule in the same manner as all guaranty that can be used for a regular would require a study to help us under- other actions concerning VA regula- refinance loan. This restriction means stand the employment needs of Native tions. VA will not guarantee a regular refi- American veterans and how best to ad- I expect VA to comply with all laws nance loan over $144,000, essentially dress them. passed by Congress in developing and precluding a veteran from using the VA The compromise agreement also in- revising the rating schedule. However, program to refinance his or her exist- cludes provisions derived from legisla- justice to our Nation’s veterans re- ing FHA or conventional loan in excess tion I introduced on April 25, 2007, S. quires that actions concerning the rat- of that amount. 1215, which would update the Special ing schedule be subject to the same ju- VA is also currently precluded from Unemployment Study required to be dicial scrutiny as is available for the refinancing a loan if the homeowner submitted by the Secretary of Labor to review of actions involving other regu- does not have at least 10 percent equity the Congress by mandating that it lations. in his or her home. cover veterans of Post 9/11 global oper- VA’s Home Loan Guaranty Program The compromise agreement would re- ations. It would also require the report may exempt homeowners from having move the equity requirement for refi- to be submitted on an annual, rather to make a downpayment or secure pri- nancing from an FHA loan or conven- than a biennial, basis. By updating this vate mortgage insurance, depending on tional loan to a VA-guaranteed loan. report, Congress will have more data the size of the loan and the amount of This would allow more veterans to use available on more recent groups of vet- the VA guaranty. their VA benefit to refinance their erans—those who served and are serv- Public Law 108–454 increased VA’s mortgages. Many veterans do not have ing in the Post-9/11 global operations. maximum guaranty amount to 25 per- 10 percent equity and thus are pre- This will help with assessments of the cent of the Freddie Mac conforming cluded from refinancing with a VA- needs of current veterans entering the loan limit determined under section guaranteed home loan. work force and develop appropriate re- 305(a)(2) of the Federal Home Loan Given the anticipated number of non- sponses. Mortgage Corporation Act for a single- VA-guaranteed adjustable rate mort- Before I close, I recognize and thank family residence, as adjusted for the gages that are approaching the reset the individuals involved in putting to- year involved. time when payments are likely to in- gether this comprehensive measure. The Economic Stimulus Act of 2008, crease, the committee believes that it Specifically, I thank Kimberly Ross, Public Law 110–185, temporarily reset is prudent to facilitate veterans refi- Brian Lawrence, Juan Lara, and Mike the maximum limits on home loans nancing to VA-guaranteed loans. In Brinck from the House committee and that the Federal Housing Administra- light of today’s housing and home loan Amanda Meredith, Mindi Walker, and tion may insure and that Fannie Mae crises, additional refinancing options Kevin Tewes from the minority staff on and Freddie Mac may purchase on the will help some veterans bridge finan- the Senate Committee. I also thank secondary market to 125 percent of cial gaps and allow them to stay in the majority staff who assisted me in metropolitan-area median home prices their homes and escape possible fore- developing the compromise agreement but did so without reference to the VA closures. These provisions would allow and all the legislation that led up to it. home loan program. This had the effect more qualified veterans to refinance Patrick McGreevy, Mary Ellen McCar- of raising the Fannie Mae, Freddie their home loans under the VA pro- thy, Ted Pusey, Babette Polzer, and Mac, and FHA limits to nearly $730,000, gram. Dahlia Melendrez have worked in the highest cost areas, while leaving This omnibus benefits bill would also throughout the 110th Congress on many the then-VA limit of $417,000 in place. make crucial updates to the Uniformed of the provisions included in this legis- On July 30, 2008, the Housing and Eco- Services Employment and Reemploy- lation, and I am pleased that our col- nomic Recovery Act of 2008 was signed ment Rights Act, which protects serv- lective efforts have led to this com- into law as Public Law 110–289. That ice members’ rights to return to their promise agreement becoming a reality. law provided a temporary increase in prior jobs with the same wages and I urge our colleagues to support this the maximum guaranty amount for VA benefits. The provisions in the com- important legislation that would ben- loans originated from July 30, 2008 mittee bill are derived from S. 2471, the efit many of this Nation’s nearly 24 through December 31, 2008, to the same proposed USERRA Enforcement Im- million veterans and their families. Mr. President, I ask unanimous con- level as provided in the stimulus act. provement Act of 2007, which Senator sent to have the Joint Explanatory The compromise agreement would KENNEDY and I introduced on December extend the temporary increase in the 13, 2007. This legislation would ensure Statement, which was developed with maximum guaranty amount until De- that Federal agencies assist service our colleagues in the House, printed in cember 31, 2011. This would enable members in a more effective manner by the RECORD. There being no objection, the mate- more veterans to utilize their VA ben- requiring the Department of Labor to rial was ordered to be printed in the efit to purchase more costly homes. investigate and refer cases in a more RECORD, as follows: The compromise agreement would timely manner and by requiring re- also increase the maximum guaranty ports from the Department of Labor on Joint Explanatory Statement on Amendment to Senate Bill, S. 3023, as Amended limit for refinance loans and increase their compliance with the deadlines. The omnibus benefits bill includes a S. 3023, as amended, the Veterans’ Benefits the percentage of an existing loan that Improvement Act of 2008, reflects a Com- VA will refinance under the VA home provision derived from S. 3000, the pro- promise Agreement reached by the House loan program. posed Native American Veterans Ac- and Senate Committees on Veterans’ Affairs Under current law, the maximum VA cess Act of 2008, which I introduced on (the Committees) on the following bills re- home loan guaranty limit for most May 8, 2008. This provision is intended ported during the 110th Congress: H.R. 674; loans in excess of $144,000 is equal to 25 improve VA’s ability to understand and H.R. 3681, as amended; H.R. 3889, as amended; percent of the Freddie Mac conforming respond to the needs of Native Amer- H.R. 4255, as amended; H.R. 5664, as amended; loan limit for a single-family home. ican veterans. While Native Americans H.R. 5892, as amended; H.R. 6221, as amended; Public Law 110–289 set this value at ap- are more likely to serve in uniform H.R. 6225, as amended, and H.R. 6832 (House Bills); S. 1315, as amended; and S. 3023, as proximately $182,437 through the end of than the general population, many of amended (Senate Bills). 2008. This means lenders offering loans them find cultural and geographical H.R. 674 passed the House on July 31, 2008; of up to $729,750 will receive up to a 25- barriers between themselves and the H.R. 3681, as amended, passed the House on

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00142 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22657 May 20, 2008; H.R. 3889, as amended, passed The Committees emphasize that VCAA no- House Bill the House on May 20, 2008; H.R. 4255, as tices are required only in cases in which ad- The House Bills contain no comparable amended, passed the House on July 31, 2008; ditional information or evidence is needed to provision. H.R. 5664, as amended, passed the House on substantiate the claim. If the information Compromise Agreement May 20, 2008; H.R. 5892, as amended, passed and evidence needed to substantiate the Section 103 of the Compromise Agreement the House on July 30, 2008; H.R. 6221, as claim is submitted with the application or follows the Senate language. amended, passed the House on July 31, 2008; contained in the claims file, no VCAA notice REPORT ON PROGRESS OF THE SECRETARY OF H.R. 6225, as amended, passed the House on is required. For example, claims for edu- VETERANS AFFAIRS IN ADDRESSING CAUSES July 31, 2008; H.R. 6832 passed the House on cation, health care, housing, vocational re- FOR VARIANCES IN COMPENSATION PAYMENTS September 11, 2008; S. 1315, as amended, habilitation, and burial benefits might con- FOR VETERANS FOR SERVICE-CONNECTED DIS- passed the Senate on April 24, 2008, and tain sufficient information and evidence to ABILITIES passed the House, as amended, on September substantiate the claim without the necessity 22, 2008; and S. 3023, as amended, passed the of a VCAA notice. Current Law Senate on September 16, 2008. In other respects, the Committees agree There is no applicable provision in current The Committees have prepared the fol- that Senate Report 110–148 contains a full ex- law. lowing explanation of S. 3023, as further planation of the provision contained in the Senate Bill amended, to reflect a Compromise Agree- Compromise Agreement. Section 105 of S. 3023, as amended, would ment between the Committees. Differences JUDICIAL REVIEW OF ADOPTION AND REVISION require VA to submit a report to Congress between the provisions contained in the BY THE SECRETARY OF VETERANS AFFAIRS OF describing the Department’s progress in ad- Compromise Agreement and the related pro- THE SCHEDULE OF RATINGS FOR DISABILITIES dressing the causes for any unacceptable visions of the House Bills and the Senate OF VETERANS variances in compensation payments to vet- Bills are noted in this document, except for Current Law erans. Section 105 would require VA to submit a clerical corrections, conforming changes Under current law, section 502 of title 38, report to the Committees on Veterans’ Af- made necessary by the Compromise Agree- judicial review of actions involving VA’s rat- fairs of the Senate and the House of Rep- ment, and minor drafting, technical, and ing schedule for disabilities is prohibited. clarifying changes. resentatives describing the Department’s Senate Bill Title I—Compensation and Pension Matters progress in addressing the causes of unac- Section 102 of S. 3023, as amended, would ceptable variances in compensation pay- REGULATIONS ON CONTENTS OF NOTICE TO BE authorize the United States Court of Appeals ments to veterans for service-connected dis- PROVIDED CLAIMANTS BY THE DEPARTMENT for the Federal Circuit to review VA actions abilities. The report would be due to the OF VETERANS AFFAIRS REGARDING THE SUB- relating to the adoption or revision of the Committees not later than one year after the STANTIATION OF CLAIMS VA disability rating schedule in the same date of enactment of this section. Current Law manner as other comparable actions of the Section 105 would require the report to in- Under current law, the Secretary has gen- Secretary are reviewed. clude three specific elements: (1) a descrip- eral authority to issue regulations. House Bill tion of the Veterans Benefits Administra- tion’s efforts to coordinate with the Vet- Senate Bill The House Bills contain no comparable erans Health Administration (VHA) to im- provision. Section 101 of S. 3023, as amended, would prove the quality of disability examinations amend subsection (a) of section 5103 of title Compromise Agreement performed by VHA and contract clinicians, 38, United States Code, to add a new para- Section 102 of the Compromise Agreement including the use of standardized templates; graph that would require the Department of follows the Senate language. (2) an assessment of the current personnel Veterans Affairs (VA) to promulgate regula- CONFORMING AMENDMENT RELATING TO NON-DE- requirements at each regional office for each tions specifying the content of notices re- DUCTIBILITY FROM VETERANS’ DISABILITY type of claims adjudication position; and (3) quired by the Veterans Claims Assistance COMPENSATION OF DISABILITY SEVERANCE a description of the differences, if any, in Act (VCAA). The regulations required by S. PAY FOR DISABILITIES INCURRED BY MEMBERS current patterns of submittal rates for 3023 would provide that the notice specify for OF THE ARMED FORCES IN COMBAT ZONES claims from various segments of the vet- each type of claim for benefits the general Current Law erans population, including veterans from information and evidence required to sub- rural and highly rural areas, minority vet- stantiate the claim. The regulations would Section 1212 of title 10 stipulates the erans, veterans who served in the National specify different content of the notices de- amount of severance pay available to mem- Guard or Reserve, and military retirees. bers of the Armed Forces who separate due pending on the type of claim concerned, House Bill to a disability incurred in the line of duty. whether it be an original claim, a claim for The House Bills contain no comparable reopening, or a claim for increase in bene- Section 1646 of the Wounded Warrior Act, title XVI of Public Law 110–181, amended sec- provision. fits. The Senate bill would provide authority Compromise Agreement for additional or alternative content for no- tion 1212 to adjust the computation of the Section 104 of the Compromise Agreement tice if appropriate to the particular benefit amount of such severance pay and to elimi- generally follows the Senate language. The or services sought under the claim. The regu- nate the requirement that severance pay re- Committees acknowledge that it is unrea- lations would also be required to include in ceived by servicemembers for a disability in- curred in a combat zone be deducted from sonable to expect states to have exactly the the notice the time period within which such same average compensation or percentage of information and evidence must be sub- VA compensation. Section 1161 of title 38 stipulates that the veterans receiving compensation. In deter- mitted. The provision would be applicable deduction of disability severance pay from mining whether differences are unaccept- only to notices which would be sent on or disability compensation shall be made at a able, the Committees expect that the Sec- after the date the regulations are effective. monthly rate not in excess of the rate of retary would identify those that do not re- House Bill compensation to which the individual would sult from such basis demographic discrep- The House Bills contain no comparable be entitled based on the individual’s dis- ancies. provision. ability rating. Section 1161 makes reference EXTENSION OF TEMPORARY AUTHORITY FOR THE Compromise Agreement to subsection 1212(c) of title 10. However, PERFORMANCE OF MEDICAL DISABILITY EX- Section 101 of the Compromise Agreement Public Law 110–181 did not include a con- AMINATIONS BY CONTRACT PHYSICIANS generally follows the Senate language. forming amendment to keep section 1161 con- Current Law The Committees note that the notice re- sistent with the changes made to section Public Law 104–275, the Veterans’ Benefits quired by section 5103 applies to all types of 1212. Improvements Act of 1996, authorized VA to applications for benefits and services. While Senate Bill carry out a pilot program of contract dis- the Committees recognize that veterans Section 104 of S. 3023, as amended, would ability examinations at ten VA regional of- seeking service-connected compensation are make a conforming amendment, so that sec- fices using amounts available for payment of most likely to receive VCAA notices, the tion 1161 of title 38 will be consistent with compensation and pensions. Public Law 108– Compromise Agreement specifically provides section 1212 of title 10. The amendment 183, the Veterans Benefits Act of 2003, pro- that the notice shall provide that the con- would take effect on January 28, 2008, as if it vided additional authority to VA, on a time- tent of notices be appropriate to the type of had been included in the Wounded Warrior limited basis, to contract for disability ex- benefits or services sought. The Committees Act. As a result, the amended section 1161 of aminations using appropriated funds. This intend that the Compromise Agreement title 38 would reflect the change to section additional authority expires on December 31, would require a notice involving a pension 1212 of title 10 eliminating the requirement 2009. claim to have different content than a notice that severance pay for a disability incurred Senate Bill concerning a clothing allowance or a claim in a combat zone be deducted from disability Section 604 of S. 3023, as amended, would for specially adapted housing. compensation from VA. amend section 704(c) of the Veterans Benefits

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00143 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22658 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 Act of 2003 (Public Law 108–183) by striking or above) and very severe injuries (100 per- House Bill ‘‘December 31, 2009’’ and inserting ‘‘Decem- cent) that can be promptly rated, while de- Section 111 of H.R. 5892, as amended, would ber 31, 2012.’’ This would extend VA’s author- ferring other conditions that may not be provide that, in the event of the death of a ity, through December 31, 2012, to use appro- ready to rate. VA and the Department of De- veteran with a pending disability claim, an priated funds for the purpose of contracting fense (DOD) have defined these conditions, eligible dependent as identified under section with non-VA providers to conduct disability and they include limb amputations, paral- 5121(a)(2) of title 38 would be authorized to examinations. ysis, traumatic brain injury (TBI), severe substitute for the deceased claimant rather House Bill burns, blindness, deafness, along with other than being forced to re-file and restart the radical injuries. claim or appeal. This provision would also The House Bills contain no comparable The House bill also further clarified the provision. allow an eligible survivor to submit addi- language so that VA could rate the indis- tional evidence for up to one year after the Compromise Agreement putable injuries based solely on the Depart- death of a veteran. This provision further Section 105 of the Compromise Agreement ment of Defense medical records, which stipulates that only one person may be follows the Senate language except that the would be extensive for these categories of in- treated as the claimant under this section. authority extends only until December 31, juries. Additionally, if the person who would be eli- 2010. Senate Bill gible to be a claimant under this section cer- ADDITION OF OSTEOPOROSIS TO DISABILITIES The Senate Bills contain no comparable tifies to the Secretary that he or she does PRESUMED TO BE SERVICE-CONNECTED IN provision. not want to be treated as the claimant for FORMER PRISONERS OF WAR WITH POST-TRAU- Compromise Agreement such purposes, he or she may designate the MATIC STRESS DISORDER Section 211 of the Compromise Agreement person who could then be entitled to receive Current Law would codify the various provisions for tem- the benefits under this section. The effective date of this section would apply only to Subsection 1112(b) of title 38 contains two porary ratings contained in current regula- claims of veterans who die on or after the lists of diseases that are presumed to be re- tions. Specifically, the Committees intend to date of enactment. lated to an individual’s experience as a pris- provide a specific statutory basis for the reg- oner of war. The first presumptive list, in ulations currently found at sections 4.28, Senate Bill paragraph (2) of section 1112(b), requires no 4.29, 4.30 and 4.129 of title 38, Code of Federal The Senate bill contains no comparable minimum internment period and includes Regulations. provisions. In addition to the authority currently con- diseases associated with mental trauma or Compromise Agreement acute physical trauma which could plausibly tained in regulations, the Compromise Section 212 of the Compromise Agreement be caused by even a single day of captivity. Agreement provides that veterans discharged generally follows the House language. How- The second presumptive list, found under or released from active duty within 365 days ever, the Compromise Agreement stipulates paragraph (3) of section 1112(b), has a 30–day of application who have stabilized medical that, not later than one year after the date minimum internment requirement. conditions would be eligible to receive a temporary rating under certain cir- of the death of the claimant, the individual Senate Bill cumstances. In general, veterans with sta- who would be eligible to receive accrued ben- Section 601 of S. 1315, as amended, would bilized disabilities would be eligible to re- efits under section 5121(a) of title 38 must file add osteoporosis in veterans whom the Sec- ceive a temporary rating under conditions a request to be substituted as the claimant retary has previously determined have post- which are similar to those applied to vet- for the purpose of processing the claim to traumatic stress disorder (PTSD), to the list erans with unstabilized conditions when a completion. This is the same time period of disabilities presumed to be service-con- total rating is not immediately assignable. within which claimants for accrued benefits nected in former prisoners of war found The Committees intend that, under this are required to file an application for ac- under paragraph (3) of section 1112(b) of title new authority, a veteran who has a sta- crued benefits must file such a claim under 38. bilized condition, such as a healed amputa- current law. Under the Compromise Agree- House Bill tion, but has one or more severe disabilities ment, any person seeking substitution shall present evidence of the right to claim such The House Bills contain no comparable for which a total rating is not immediately status within the time period prescribed by provision. assignable under the regular provisions of the rating schedule or on the basis of Indi- the Secretary in regulations. Compromise Agreement vidual Unemployability, could qualify for a REPORT ON COMPENSATION OF VETERANS FOR Section 106 of the Compromise Agreement temporary rating when employment was ad- LOSS OF EARNING CAPACITY AND QUALITY OF follows the Senate language. versely impacted by such disabilities. The LIFE AND ON LONG-TERM TRANSITION PAY- Title II—Modernization of Department of Compromise Agreement would permit such a MENTS TO VETERANS UNDERGOING REHABILI- Veterans Affairs Disability Compensation veteran to be eligible to receive a temporary TATION FOR SERVICE-CONNECTED DISABIL- System rating when such veteran has severe disabil- ITIES Subtitle A—Benefits Matters ities that result in substantially gainful em- Current Law ployment not being feasible or advisable or AUTHORITY FOR TEMPORARY DISABILITY Under chapter 11 of title 38, VA pays com- the veteran has unhealed or incompletely RATINGS pensation to veterans who suffer disabilities healed wounds or injuries that make mate- as a result of an injury or disease incurred or Current Law rial impairment of employability likely. The aggravated in the line of duty during active Under current law, the Secretary has, Committees intend that, in considering eligi- duty. Section 1155 of title 38 requires VA to under the Secretary’s general authority, bility for a temporary rating under this sec- adopt and apply a schedule of disability rat- issued regulations providing temporary rat- tion, both stabilized and unstabilized condi- ings, which is used to determine the amount ings for veterans with unstabilized medical tions could be considered in determining the of compensation that will be provided. That conditions who are recently discharged from impact of such disabilities upon employ- schedule is based on the average impairment active duty, hospitalized veterans, veterans ment. of earning capacity caused by a service-con- undergoing convalescent care, and veterans The rating assigned under these conditions nected disability. who are discharged from active duty with a would be as prescribed by the Secretary in In July 2007, the President’s Commission mental disorder that develops as the result regulations. The Committees note that, on Care for America’s Returning Wounded of a highly stressful event. where current regulations are adequate to Warriors recommended that Congress re- address the conditions for temporary rat- House Bill structure VA disability payments to include ings, as set forth in this section, the Sec- Section 109 of H.R. 5892, as amended, would transition payments and that VA update the retary would not be required to issue new have provided VA with authority to issue rating schedule to reflect current injuries regulations. partial ratings and to act in a more expedi- and the impact of disability on quality of tious manner for claims presenting undis- SUBSTITUTION UPON DEATH OF CLAIMANT life. In 2008, the Secretary entered into a puted severe and very severe injuries and in Current Law contract to conduct studies on those issues. turn provide compensation more quickly Currently, upon the death of a claimant The studies examined the appropriate level where the service-connection link is indis- with a claim or appeal pending adjudication of disability compensation to be paid to vet- putable. VA currently possesses the ability at the time of death, the surviving spouse or erans to compensate for loss of earning ca- to issue partial ratings, although this au- other beneficiary is unable to take up the pacity and loss of quality of life as a result thority is not expressly stated in statute. claim where it is in the process and must of service-connected disabilities. The studies H.R. 5892, as amended, would expressly grant refile the claim separately as if submitting a also examined the feasibility and appro- VA that authority and require VA to issue a new claim. Section 5121 of title 38 allows for priate level of long-term transition pay- partial rating in the instances where a vet- survivors, in order of priority, to refile this ments to veterans who are separated from eran has sustained severe injuries (50 percent new claim for accrued benefits. the Armed Forces due to a disability while

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00144 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22659 those veterans are undergoing a program of tions. The Committees intend that this Com- Compromise Agreement rehabilitation. mittee provide medical and scientific advice Section 221 of the Compromise Agreement Senate Bill to the Secretary concerning the mainte- accepts the House provision with an amend- Section 106 of S. 3023, as amended, would nance and readjustment of the rating sched- ment that creates two pilot programs to test require the Secretary to provide Congress ule. Therefore, the Compromise Agreement the effectiveness of providing expedited with a report regarding the results of studies provides that membership be limited to indi- treatment of fully-developed claims and pro- examining the appropriate compensation to viduals with experience with the provision of viding an additional checklist that includes be provided to veterans for loss of earning disability compensation by the Department information or evidence required to be sub- capacity and loss of quality of life caused by or individuals who are leading medical or mitted by the claimant to substantiate the service-connected disabilities and examining scientific experts in relevant fields. The claim. The pilot program on expedited treat- long-term transition payments to veterans Compromise Agreement extends the term of ment of fully developed claims would be car- undergoing rehabilitation for service-con- service of such members to four years and ried out at 10 VA regional offices for a period nected disabilities. provides that the terms are to be staggered of one year beginning 60 days after the date Section 106 also would require the Sec- so as to provide for continuity of member- of enactment; the pilot program on the pro- retary to submit to Congress a report includ- ship on the Committee. The Compromise vision of checklists to individuals submit- ing a comprehensive description of the find- Agreement provides that the Secretary shall ting claims would be carried out at four VA ings and recommendations of those studies; a appoint a Chair of the Committee. regional offices for a period of one year be- description of the actions proposed to be The Compromise Agreement specifically ginning 60 days after the date of enactment taken by the Secretary in light of those find- provides that the Secretary shall ensure that for original claims and for a period of three ings and recommendations, including a de- appropriate personnel, funding, and other re- years beginning 60 days after the date of en- scription of any proposed modifications to sources are provided to the Committee to actment for reopened claims and claims for the VA disability rating schedule or to other carry out its responsibilities. The Com- increased disability ratings. The Secretary regulations or policies; a schedule for the promise Agreement requires the Committee would be required to provide interim reports commencement and completion of any ac- to submit biennial reports to the Secretary. for each pilot authorized under this section tions proposed to be taken; and a description The Compromise Agreement requires the and final reports would be due to Congress of any legislative action required in order to Secretary to submit such biennial reports to upon conclusion of the pilots. authorize, facilitate, or enhance any of the the Committees on Veterans’ Affairs of the The Compromise Agreement provides that proposed actions. That report would be due Senate and House together with the rec- such checklist be construed as an addendum no later than 210 days after the date of en- ommendations of the Committee and the to the notice required by section 5103 of title actment. Secretary. 38 and shall not be considered as part of the House Bill Subtitle B—Assistance and Processing notice for purposes of reversal or remand of Section 102(a) of H.R. 5892, as amended, Matters a decision of the Secretary. As such, the would require the Secretary to conduct a PILOT PROGRAMS ON EXPEDITED TREATMENT OF Committees stress that these checklists are study on adjusting the schedule for rating FULLY DEVELOPED CLAIMS AND PROVISION OF intended to serve only as guidance for claim- disabilities adopted and applied under sec- CHECKLISTS TO INDIVIDUALS SUBMITTING ants and that any errors in these checklists tion 1155 of title 38. It would require VA to CLAIMS should not be the basis for a remand of the complete the study within 180 days after the claimant’s claim. date of enactment and would require VA, Current Law The Committees expect that, in selecting within 60 days after completing the study, to Section 5103 of title 38 requires the Sec- locations for the pilot projects, the Sec- submit to Congress a report on the study. retary to notify a claimant of the informa- retary shall ensure that regional offices of Not later than 120 days after the Secretary tion and medical or lay evidence needed to various size and geographic location are in- submits the report, the Secretary would be substantiate the claimant’s claim. Under cluded in the pilot projects. The Committees required to submit a plan for readjusting the section 5103A of title 38, the Secretary is re- encourage the Secretary to locate the four rating schedule. quired to assist the claimant by making rea- pilot programs for the checklist at locations Compromise Agreement sonable efforts to obtain evidence necessary selected for the expedited claims pilot Section 213 of the Compromise Agreement to substantiate the claimant’s claim. In projects. generally follows the Senate language. claims for service-connection, this duty in- OFFICE OF SURVIVORS ASSISTANCE cludes obtaining records held by any Federal ADVISORY COMMITTEE ON DISABILITY Current Law COMPENSATION department or agency and by providing a medical examination or opinion necessary to There is no relevant provision in current Current Law make a determination on the claim. VA is law. There is no applicable provision in current required to comply with these laws before House Bill law. issuing a decision on the claim. Section 101 of H.R. 5892, as amended, would House Bill House Bill require VA to create an Office of Survivors Section 102(d) of H.R. 5892, as amended, Section 107(a) of H.R. 5892, as amended, Assistance (Office) within the Veterans Ben- would require the Secretary to establish an efits Administration that would provide pol- 18-member Advisory Committee on Dis- would require the Secretary to provide for the expeditious treatment of any fully devel- icy and program analysis and oversight re- ability Compensation. The Committee would garding all benefits and services delivered by consist of individuals who have dem- oped claim. A fully developed claim would be defined as a claim for which the claimant re- the VA to survivors of deceased veterans and onstrated civic or professional achievement servicemembers. and who have experience in the provision of ceived assistance from a veterans service of- ficer, a State or county veterans service offi- The Office would be responsible for ensur- disability compensation or have other rel- ing that survivors and dependents of de- evant scientific or medical expertise. The cer, an agent, an attorney or for which the claimant submits with the claim an indica- ceased veterans and deceased members of the Secretary would determine the terms of pay Armed Forces have access to applicable ben- and service of such members, but their terms tion that the claimant does not want to sub- mit any additional information and does not efits and services provided under title 38. The of service would not exceed two years. The Office would also be responsible for regular Secretary would be authorized to reappoint require assistance with respect to the claim. The claimant would certify in writing that and consistent monitoring of benefits deliv- members for subsequent terms. ery to survivors and dependents and ensuring Section 102 would require the Committee no additional information is available or that appropriate referrals are made with re- to be responsible for providing advice to the needed to be submitted in order for the claim spect to various administrations within the Secretary with respect to the maintenance to be adjudicated. The Secretary would be VA. and periodic adjustment of the rating sched- required to decide such claims within 90 days The Office would act as a primary advisor ule. of submittal. It would also require the Committee to Section 107(b) of H.R. 5892, as amended, to the Secretary on all matters related to submit annual reports to the Secretary and would require the Secretary to amend the the policies, programs, legislative issues, and require the Secretary to submit reports and notice required by section 5103 of title 38 to other initiatives affecting such survivors and recommendations to the Committees on Vet- require the creation of a detailed checklist dependents. The Secretary would be required to iden- erans’ Affairs of the House and Senate. for claims for specific requests of additional tify and include the activities of the Office Senate Bill information or evidence. in the annual report to Congress under sec- The checklist would be required to be de- The Senate Bills contain no comparable tion 529 of title 38. veloped within 180 days of enactment. provision. In establishing the Office, the Secretary Compromise Agreement Senate Bill would have to seek guidance from interested Section 214 of the Compromise Agreement The Senate Bills contain no comparable stakeholders, including veterans service or- contains the House provision with modifica- provision. ganizations and other service organizations.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00145 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22660 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 The Secretary would be required to ensure the adequacy of DIC to maintain survivors of retary in addressing unacceptable variances that appropriate personnel, funding, and veterans who die from service-connected dis- in compensation payments. other resources are provided to the Office to abilities. The Comptroller General would be The Compromise Agreement also contains carry out its responsibilities. required to submit, to the Committees on provisions from the House bill which would Senate Bill Veterans’ Affairs of the Senate and House of require the Secretary to retain, monitor, and Representatives, a report regarding the ade- store in an accessible format certain data The Senate Bills contain no comparable quacy of the benefits to survivors in replac- with respect to claims for service-connected provisions. ing the deceased veteran’s income. The disability compensation. The Committee rec- Compromise Agreement Comptroller General would be required to in- ognizes that sex and race data are not kept Section 222 of the Compromise Agreement clude a description of the current system of by the Department within the database uti- follows the House language with modifica- payment of DIC to survivors, including a lized by the Veterans Benefits Administra- tions. In the Compromise Agreement, the Of- statement of DIC rates; an assessment of the tion at this time and, therefore, excluded fice is established in the Department rather adequacy of DIC in replacing a deceased vet- those items from the data required to be col- than in the Veterans Benefits Administra- eran’s income; and any recommendations lected. tion (VBA). The Committees expect that, by that the Comptroller General considers ap- In other respects, the Compromise Agree- placing the Office under the Department, the propriate in order to improve or enhance the ment generally follows the House bill. The full spectrum of VA benefits and services for effects of DIC in replacing the deceased vet- Committees agree that House Report 110–789 survivors would be addressed. eran’s income. The Comptroller General contains a full explanation of the House pro- The Compromise Agreement does not would be required to submit the report not visions which were modified in the Com- specify the duties of the office in the legisla- later than ten months after the date of en- promise Agreement. tion. However, the Committees intend that actment of the provision. CERTIFICATION AND TRAINING OF EMPLOYEES OF the Office be responsible for ensuring that House Bill THE VETERANS BENEFITS ADMINISTRATION the surviving spouses, children and parents RESPONSIBLE FOR PROCESSING CLAIMS of deceased veterans, including deceased The House Bills contain no comparable Current Law members of the Armed Forces, have access provision. to applicable benefits and services under Compromise Agreement The Secretary has general authority to title 38. The Committees expect that pro- Section 223 of the Compromise Agreement manage and provide for certification of em- grams carried out by the Department for follows the Senate language. ployees of the Department. There is no spe- cific applicable provision in current law. such survivors will be conducted in a manner INDEPENDENT ASSESSMENT OF QUALITY that is responsive to their specific needs. The ASSURANCE PROGRAM House Bill Committees expect the Office to conduct reg- Current Law Section 105 of H.R. 5892, as amended, would ular and consistent monitoring of the deliv- require the Secretary to develop a certifi- Section 7731 of title 38 requires the Sec- ery of benefits and services to this popu- cation examination to test appropriate VBA retary to carry out a quality assurance pro- lation. The Committees expect the Office to employees and managers who are responsible gram within the Veterans Benefits Adminis- ensure that policies and procedures are such for processing claims for benefits. The Sec- tration. Under this provision, the Secretary that such survivors will receive appropriate retary would be required to develop such ex- has elected to carry out a separate quality referrals to the relevant administrations and aminations in consultation with specified assurance program, the Systematic Tech- offices of the Department, so that such sur- stakeholders. The Secretary would be di- nical Accuracy Review (STAR), for meas- vivors may receive all of the benefits and rected to require such employees and man- uring compensation and pension claims proc- services for which they are eligible. agers to take a certification examination. essing accuracy. COMPTROLLER GENERAL REPORT ON ADEQUACY The Secretary would be prohibited from sat- OF DEPENDENCY AND INDEMNITY COMPENSA- House Bill isfying the requirements of the bill through TION TO MAINTAIN SURVIVORS OF VETERANS Section 106 of H.R. 5892, as amended, would the use of any certification examination or WHO DIE FROM SERVICE-CONNECTED DISABIL- require the Secretary to contract with an program that exists as of the date of enact- ITIES independent third-party entity for an annual ment of the bill. Current Law quality assurance assessment. The assess- The House provision would also require the ment would measure a statistically valid Secretary to contract with an outside entity VA dependency and indemnity compensa- sample of VBA employees and their work to conduct an evaluation of VBA’s training tion (DIC) is a benefit that is paid to sur- product to assess quality and accuracy. The and quality assurance programs within 180 vivors of certain veterans. To be eligible, the provision would also require the production days of enactment and provide the results of veteran’s death must have resulted from: a of automated categorizable data to help such evaluation to Congress. disease or injury incurred or aggravated in identify trends. Under this provision, the the line of duty or active duty for training; Senate Bill Secretary would be required to use informa- an injury incurred or aggravated in the line The Senate Bills contain no comparable tion gathered through the annual assessment of duty while on inactive duty training; or, a provision. to develop an employee certification as service-connected disability or a condition found in section 105 of H.R. 5892, as amended. Compromise Agreement directly related to a service-connected dis- Section 225 of the Compromise Agreement ability. Senate Bill follows the House language with modifica- DIC may also be paid to survivors of vet- The Senate Bills contain no similar provi- tions. The Compromise Agreement would erans who were totally disabled from serv- sion. apply only to employees and managers who ice-connected conditions at the time of Compromise Agreement are responsible for processing claims for death, even if the death was not caused by Section 224 of the Compromise Agreement compensation and pension benefits. By using their service-connected disabilities. To be el- follows the House bill with modifications. the general term ‘‘compensation and pen- igible for the benefit under this cir- Under the Compromise Agreement, the Sec- sion’’ benefits, the Committees intend that cumstance, the veteran must have been retary would enter into a contract with an the provision would apply to employees and rated totally disabled for the ten years pre- independent third-party entity to conduct a managers responsible for processing claims ceding death; rated totally disabled from the three-year assessment of the quality assur- for all monetary benefits paid to veterans date of military discharge and for at least ance program. The Committees intend that and survivors, including DIC, death com- five years immediately preceding death; or, a this provision would be applicable only to pensation, death pension and benefits paid to former prisoner of war who died after Sep- quality assurance programs involving the ad- children under chapter 18 of title 38. tember 30, 1999, and who was rated totally judication of claims for compensation and Under the Compromise Agreement, the disabled for at least one year immediately pension benefits. The Compromise Agree- Secretary is required to consult with exam- preceding death. ment does not include language from section ination development experts, interested Surviving spouses of veterans who died on 106 of H.R. 5892, as amended, which would stakeholders, and employee representatives or after January 1, 1993, receive a basic rate, have expressly required the Secretary to en- and consider the data produced under section plus additional amounts for dependent chil- sure the accuracy and consistency across dif- 7731(c)(3) of title 38 as added by section 224 of dren. Surviving spouses of veterans who died ferent regional offices with the Department the bill. prior to January 1, 1993, receive an amount as an amendment to 7731, of title 38, United The Compromise Agreement does not con- based on the deceased veteran’s military pay States Code. However, the Committees agree tain the prohibition on use of certification grade, plus additional amounts for depend- that the Secretary should strive to reduce examinations or programs that currently ents. variances in ratings for disability compensa- exist as in H.R. 5892, as amended. However, Senate Bill tion between regional offices. The Commit- the Compromise Agreement requires the Section 807 of S. 1315, as amended, would tees note that section 104 of the Compromise Secretary to develop an updated certifi- require the Comptroller General to report on Agreement requires a report from the Sec- cation examination no later than one year

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00146 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22661 after the date of enactment of this bill and tion, the Secretary shall establish an up- Section 108 would also require the Sec- to begin using the updated examination dated system, based upon the findings of the retary to submit to Congress a report, within within 90 days after the date on which devel- study, for evaluating the performance and 180 days of enactment of the bill, to evaluate opment of the updated examination is com- accountability of VBA employees who are re- the need to employ such medical profes- plete. sponsible for processing claims for com- sionals. If the Secretary hired medical pro- The Compromise Agreement does not in- pensation or pension benefits. fessionals pursuant to this study, the House clude the House provision requiring that VA REVIEW AND ENHANCEMENT OF USE OF INFOR- bill would require that all employees of all contract for an evaluation. However, it does MATION TECHNOLOGY IN VETERANS BENEFITS VBA regional offices have access to the med- require the Comptroller General of the ADMINISTRATION ical professionals. United States to evaluate the training pro- Current Law Senate Bill grams administered for employees of the There is no applicable provision in current The Senate Bills contain no comparable Veterans Benefits Administration and sub- provision. mit a report on the findings of the evalua- law. tion to the Committees. House Bill Compromise Agreement Section 228 of the Compromise Agreement STUDY OF PERFORMANCE MEASURES FOR CER- Section 110 of H.R. 5892, as amended, would generally follows the House language with TAIN EMPLOYEES OF THE VETERANS BENEFITS require the Secretary to conduct a review, modifications. The Compromise Agreement ADMINISTRATION no later than one year after the date of en- requires the Secretary to conduct a study to Current Law actment of this Act, on the use of informa- tion technology within the Veterans Benefits assess the feasibility and advisability of var- There is no applicable provision in current Administration. It also requires the Sec- ious mechanisms to improve communication law. retary to develop a comprehensive plan for between the Veterans Benefits Administra- House Bill use of such technology in processing claims tion and the Veterans Health Administration Section 103 of H.R. 5892, as amended, would for benefits so as to reduce subjectivity, when needed by Veterans Benefits Adminis- require the Secretary to conduct a study of avoidable remands, and regional office tration employees to carry out their duties. VBA’s work credit system, which is used to variances in disability ratings for specific The study is also required to evaluate wheth- measure the work production of VBA em- disabilities. er additional medical professionals are nec- ployees. This section of the House bill would The House bill would also require that the essary to provide access to relevant Veterans require that the Secretary consider the ad- comprehensive plan include information Benefits Administration employees. The visability of implementing: performance technology upgrades including web portals, Compromise Agreement omits the require- standards and accountability measures; rules-based expert systems, and decision sup- ment in the House bill for a statistically sig- guidelines and procedures for the prompt port software. nificant study of employees. processing of claims that are ready to rate Under the House bill, a report on the Title III—Labor and Education Matters upon submission; guidelines and procedures progress of the review and plan would be due Subtitle A—Labor and Employment Matters for the processing of such claims submitted to Congress by no later than January 1, 2009. REFORM OF USERRA COMPLAINT PROCESS by severely injured and very severely injured Senate Bill Current Law veterans; and requirements for assessments The Senate Bills contain no comparable Chapter 43 of title 38 provides reemploy- of claims processing at each regional office provision. for the purposes of producing lessons learned ment and employment rights to and best practices. A report on the study Compromise Agreement servicemembers, veterans, and those who would be required no later than 180 days Section 227 of the Compromise Agreement seek to join a uniformed service through the after the Secretary submits to Congress the generally follows the House bill, except that Uniformed Services Employment and Reem- report; and the Secretary would be obligated it clarifies two of the comprehensive plan re- ployment Rights Act (USERRA). Individuals to establish a new system for evaluating quirements contained in section 110 of H.R. can privately enforce their rights by filing a work production. This section of H.R. 5892, as 5892, as amended. The Compromise Agree- complaint in federal or state court, or, in the amended, would prohibit the Secretary from ment gives the Secretary the discretion to case of a complaint against a federal em- awarding a work credit to any employee of include the following elements, to the extent ployer, by submitting a complaint to the the Department if the Secretary has not im- practicable: the ability for benefits’ claim- Merit Systems Protection Board (MSPB). In plemented a new system within the time ants to view applications online and compli- addition, individuals can request assistance specified. ance with security requirements as noted in from the federal government by filing a com- Section 104 of H.R. 5892, as amended, would section 227(b)(3)(B)(ii) of the Compromise plaint with the Department of Labor’s Vet- require the Secretary to conduct a study on Agreement. erans’ Employment and Training Service the work management system of the Vet- The Compromise Agreement also requires (DOL VETS), which investigates and at- erans Benefits Administration designed to that the plan be developed, not later than tempts to resolve complaints, and, if re- improve accountability, quality, and accu- one year after date of enactment. quested, will refer complaints for litigation. racy and reducing the time for processing The Compromise Agreement requires, no DOL VETS refers complaints against federal claims for benefits. later than April 1, 2010, a report to Congress agencies to the Office of Special Counsel (OSC) and complaints against private sector Senate Bill on the review and the comprehensive plan re- quired under this section. employers and state and local governments The Senate Bills contain no comparable to the Attorney General. The Special Coun- STUDY AND REPORT ON IMPROVING ACCESS TO provision. sel or Attorney General may represent indi- MEDICAL ADVICE Compromise Agreement viduals before the MSPB or in federal court, Current Law Section 226 of the Compromise Agreement respectively. There is no applicable provision in current generally follows the House language with Senate Bill law. modifications. Under the Compromise Agree- Section 302 of S. 3023, as amended, would ment, the Secretary would be required to House Bill create deadlines for DOL VETS, OSC, and conduct a study on the effectiveness of the Section 108 of H.R. 5892, as amended, would the Attorney General to provide assistance current employee work credit system and require the Secretary to conduct a study to to servicemembers who believe that their the work management system of the Vet- evaluate the need of the Veterans Benefits rights under USERRA have been violated. erans Benefits Administration which is used Administration to employ medical profes- Within 5 days of receiving a USERRA com- to measure and manage the work production sionals who are not physicians, to act as a plaint, DOL VETS would be required to no- of employees of the Veterans Benefits Ad- medical reference for employees of the Ad- tify a complainant in writing about his or ministration who handle claims for com- ministration so that such employees may ac- her rights to receive governmental assist- pensation and pension benefits. The Sec- curately assess medical evidence submitted ance, including the right to request a refer- retary would be required to report to Con- in support of claims for benefits under laws ral and the relevant deadlines that the fed- gress on the work credit system and work administered by the Secretary. The House eral agencies must meet and within 90 days management system no later than October bill would prohibit any medical professionals of receiving the complaint, DOL VETS would 31, 2009. The report would be required to of the Veterans Health Administration from be required to complete its assistance and in- identify the components required to imple- being employed to rate any disability or vestigation and notify the complainant of ment an updated system for evaluating such evaluate any claim. It would require the Sec- the results and his or her rights, including VBA employees. retary to conduct a statistically significant the right to request a referral and the dead- In addition, the Compromise Agreement survey of VBA employees to ascertain lines federal agencies must meet. Within 48 requires that not later than 210 days after whether, how, and to what degree medical days after receiving a request for a referral, the date on which the Secretary submits to professionals could provide assistance to DOL would be required to refer a complaint Congress the report required under this sec- such employee. to OSC or the Attorney General. Within 60

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00147 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22662 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 days of receiving a referral, OSC or the At- Senate Bill Subtitle B—Education Matters torney General would be required to deter- Section 305 of S. 3023, as amended, would MODIFICATION OF PERIOD OF ELIGIBILITY FOR mine whether to provide legal representation require a report by the Secretary of Labor on SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL to the complainant and notify the complain- efforts to address the employment needs of ASSISTANCE OF CERTAIN SPOUSES OF INDIVID- ant of that decision in writing. Native American veterans living on tribal UALS WITH SERVICE-CONNECTED DISABILITIES House Bill lands. TOTAL AND PERMANENT IN NATURE The House Bills contain no comparable House Bill Current Law provision. The House Bills contain no comparable Under the Survivors’ and Dependents’ Edu- Compromise Agreement provision. cational Assistance (DEA) program, VA pro- Section 311 of the Compromise Agreement Compromise Agreement vides up to 45 months of education benefits to certain children or spouses of military follows the Senate language. Section 314 of the Compromise Agreement personnel. For instance, the spouse of a vet- follows the Senate language. MODIFICATION AND EXPANSION OF REPORTING eran or servicemember may be eligible for REQUIREMENTS WITH RESPECT TO ENFORCE- EQUITY POWERS benefits if the veteran died, or is perma- MENT OF USERRA Current Law nently and totally disabled, as the result of Current Law Under section 4323(e) of title 38 courts may, a service-connected disability or if the vet- Under current law, the Secretary of Labor in an action brought against a State or pri- eran died from any cause while a permanent must file an annual report to Congress that vate employer, use their full equity powers and total service-connected disability was in includes the number of cases reviewed by to vindicate the rights or benefits of individ- existence. DOL VETS and the Department of Defense uals provided under USERRA. The spouse generally must use these edu- Employer Support of the Guard and Reserve, House Bill cation benefits within ten years after the the number of cases referred to OSC and the date on which the veteran dies or is found to Section 2 of H.R. 6225, as amended, would Attorney General, and the number of com- be permanently and totally disabled. How- amend section 4323(e) of title 38 to require plaints filed by the Attorney General. ever, if the servicemember died while on ac- that, in USERRA actions brought against Senate Bill tive duty, the spouse may use the education private or State employers, courts shall use benefits during the twenty-year period after Section 303 of S. 3023, as amended, would their equity powers in any case in which the the servicemember’s death. expand the reporting requirements regarding court determines it is appropriate. Senate Bill the federal government’s enforcement of Senate Bill USERRA by requiring data on the number of Section 311 of S. 3023, as amended, would The Senate Bills contain no comparable extend from ten years to twenty years the individuals whose cases are reviewed by both provision. the Department of Defense Employer Sup- time within which the spouses of certain se- port of the Guard and Reserve (DOD ESGR), Compromise Agreement verely injured veterans have to use their DOL VETS, OSC, and the Attorney General Section 315 of the Compromise Agreement DEA benefits. Specifically, the twenty-year that involve a disability-related issue, and follows the House language. period would be available to a spouse of a the number of cases that involve a person WAIVER OF RESIDENCY REQUIREMENT FOR DI- veteran who becomes permanently and to- with a service-connected disability. In addi- RECTORS FOR VETERANS’ EMPLOYMENT AND tally disabled within three years after dis- tion, the Senate bill would change the date TRAINING charge from service, if the spouse remains married to the veteran. on which the report is required. Current Law House Bill House Bill Section 4103(a)(2) of title 38 requires that The House Bills contain no comparable each State Director of Veterans’ Employ- The House Bills contain no comparable provision. ment and Training (SDVET) have been, at provision. Compromise Agreement the time of appointment, a bona fide resident Compromise Agreement of the State for at least two years. Section 321 of the Compromise Agreement Section 312 of the Compromise Agreement follows the Senate language. follows the Senate language. Senate Bill REPEAL OF REQUIREMENT FOR REPORT TO THE TRAINING FOR EXECUTIVE BRANCH HUMAN RE- Section 303 of S. 1315, as amended, would SECRETARY OF VETERANS AFFAIRS ON PRIOR SOURCES PERSONNEL ON EMPLOYMENT AND permit waiver of a residency requirement for TRAINING REEMPLOYMENT RIGHTS OF MEMBERS OF THE SDVETs. UNIFORMED SERVICES House Bill Current Law Current Law The House Bills contain no comparable Under current law, State approving agen- provision. cies approve, for VA education benefits pur- There is no applicable provision in current poses, the application of educational institu- Compromise Agreement law. tions providing non-accredited courses if the Senate Bill Section 316 of the Compromise Agreement institution and its courses meet certain cri- Section 304 of S. 3023, as amended, would follows the Senate language. teria. Among these is the requirement that add a new section to chapter 43 of title 38 to MODIFICATION OF SPECIAL UNEMPLOYMENT the institution maintain a written record of require the head of each Federal executive STUDY TO COVER VETERANS OF POST 9/11 the previous education and training of the agency to provide training for human re- GLOBAL OPERATIONS eligible person and what credit for that sources personnel on the rights, benefits, and Current Law training has been given the individual. The institution must notify both VA and the eli- obligations of members of the Armed Forces Section 4110A of title 38 requires the Sec- gible person regarding the amount of credit under USERRA and the administration of retary of Labor, through the Bureau of Labor the school grants for previous training. USERRA by Federal executive agencies. It Statistics, to submit a report every two would require that the training be developed years on the employment and unemployment Senate Bill and provided in consultation with the Office experiences of Vietnam-era veterans, Viet- Section 312 of S. 3023, as amended, would of Personnel Management. The training nam-theater veterans, special disabled vet- repeal the requirement that an educational would be provided as often as specified by erans, and recently separated veterans. institution providing non-accredited courses the Director of the Office of Personnel Man- Senate Bill notify VA of the credit granted for prior agement in order to ensure that the human training of certain individuals. resources personnel are kept fully and cur- Section 304 of S. 1315, as amended, would House Bill rently informed about USERRA. update this special unemployment study to The House Bills contain no comparable House Bill focus on veterans of the Post-9/11 Global Op- erations period and require an annual report. provision. The House Bills contain no comparable Compromise Agreement provision. House Bill The House Bills contain no comparable Section 322 of the Compromise Agreement Compromise Agreement provision. contains the Senate provision. Section 313 of the Compromise Agreement Compromise Agreement MODIFICATION OF WAITING PERIOD BEFORE AF- follows the Senate language. Section 317 of the Compromise Agreement FIRMATION OF ENROLLMENT IN A COR- REPORT ON THE EMPLOYMENT NEEDS OF NATIVE generally follows the Senate language, ex- RESPONDENCE COURSE AMERICAN VETERANS LIVING ON TRIBAL LANDS cept that the report would be required to in- Current Law Current Law clude veterans of the Vietnam era, as well as Under current law, in the case of courses There is no applicable provision in current veterans of the Post-9/11 Global Operations offered through correspondence, an enroll- law. period. ment agreement signed by a veteran, spouse,

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00148 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22663 or surviving spouse will not be effective un- (SAAs) for the purpose of approving pro- program of independent living services in less he or she, after ten days from the date grams of education at institutions of higher any fiscal year. of signing the agreement, submits a written learning, apprenticeship programs, on-job Compromise Agreement and signed statement to VA affirming the training programs, and other programs that Section 332 of the Compromise Agreement enrollment agreement. In the event the indi- are located within each SAA’s State of juris- follows the House language. vidual at any time notifies the institution of diction. Generally SAA approval of these his or her intention not to affirm the agree- programs is required before beneficiaries REPORT ON MEASURES TO ASSIST AND ENCOUR- ment, the institution, without imposing any may use their educational assistance bene- AGE VETERANS IN COMPLETING VOCATIONAL penalty or charging any fee, shall promptly fits to pay for them. The Departments of REHABILITATION make a refund of all amounts paid. Education and Labor also assess education Current Law Senate Bill and training programs for various purposes, Under chapter 31 of title 38, VA provides Section 313 of S. 3023, as amended, would primarily for awarding student aid and pro- vocational rehabilitation and employment decrease to five days the waiting period be- viding apprenticeship assistance. services to veterans with service-connected fore affirmation of enrollment in a cor- Senate Bill disabilities. In its July 2007 report, the Presi- respondence course may be finalized for pur- Section 301 of S. 1315, as amended, would dent’s Commission on Care for America’s Re- poses of receiving educational assistance amend section 3673 of title 38 to require VA turning Wounded Warriors found that, ‘‘of from VA. to take appropriate actions to ensure the co- the 65,000 who apply for [VA’s Vocational Re- House Bill ordination of approval activities performed habilitation and Employment program] each The House Bills contain no comparable by SAAs and approval activities performed year, at most 10,000 of all ages complete the provision. by the Department of Labor, the Department employment track in the program each year.’’ The Commission also found that ‘‘the Compromise Agreement of Education, and other entities in order to reduce overlap and improve efficiency in the effectiveness of various vocational rehabili- Section 323 of the Compromise Agreement tation programs is not well established, and follows the Senate language. performance of those activities. House Bill the VA should undertake an effort to deter- CHANGE OF PROGRAMS OF EDUCATION AT THE mine which have the greatest long-term suc- SAME EDUCATIONAL INSTITUTION The House Bills have no comparable provi- cess.’’ In addition, the Commission rec- Current Law sion. ommended that ‘‘VA should develop finan- Under current law, a student who desires Compromise Agreement cial incentives that would encourage comple- to initiate a program of education must sub- Section 326 of the Compromise Agreement tion’’ of vocational rehabilitation. mit an application to VA in the form pre- follows the Senate language. Senate Bill scribed by the Department. If the student de- Subtitle C—Vocational Rehabilitation Section 306 of S. 3023, as amended, would cides a different program is more advan- Matters require VA to conduct a study that would tageous to his or her needs, that individual WAIVER OF 24-MONTH LIMITATION ON PROGRAM identify the various factors that may pre- may change his or her program of study OF INDEPENDENT LIVING SERVICES AND AS- vent or preclude veterans from successfully once. However, additional changes require SISTANCE FOR VETERANS WITH A SEVERE DIS- completing their vocational rehabilitation VA to determine that the change is suitable ABILITY INCURRED IN THE POST-9/11 GLOBAL plans. It would also require identification of to the individual’s interests and abilities. It OPERATIONS PERIOD actions that the Secretary may take to ad- is rare for VA to deny a change of program, dress such factors. Not later than 270 days especially if the student is continuing in an Current Law after beginning the study, VA would be re- approved program at the same school. Under chapter 31 of title 38 VA may pro- quired to submit to the Committees on Vet- Senate Bill vide services to certain veterans with serv- ice-connected disabilities to help them erans’ Affairs of the Senate and House of Section 314 of S. 3023, as amended, would achieve maximum independence in daily liv- Representatives a report including the find- repeal the requirement that an individual ing. Under section 3105 of title 38 the general ings of the study and any recommendations notify VA when the individual changes edu- rule is that no more than 24-months of these on actions that should be taken in light of cational programs but remains enrolled at services may be provided to a veteran. How- that study. the same educational institution. ever, under section 3105(d) of title 38 the pe- House Bill House Bill riod may be extended if ‘‘the Secretary de- The House Bills contain no comparable The House Bills contain no comparable termines that a longer period is necessary provision. provision. and likely to result in a substantial increase Compromise Agreement Compromise Agreement in a veteran’s level of independence in daily Section 333 of the Compromise Agreement Section 324 of the Compromise Agreement living.’’ generally follows the Senate language, ex- follows the Senate language. Senate Bill cept that it includes language to specify that REPEAL OF CERTIFICATION REQUIREMENT WITH Section 301 of S. 3023, as amended, would the study is required only to the extent that RESPECT TO APPLICATIONS FOR APPROVAL OF amend section 3105(d) of title 38 to allow VA, it does not duplicate elements of a VA study SELF-EMPLOYMENT ON-JOB TRAINING without having to make such a determina- or report released during the one-year period Current Law tion, to extend the 24-month cap on inde- after the date of enactment. pendent living services for any veteran who Under current law, all provisions of title 38 LONGITUDINAL STUDY OF DEPARTMENT OF VET- served on active duty during the Post-9/11 that apply to VA’s other on-job training ERANS AFFAIRS VOCATIONAL REHABILITATION Global Operations period and incurred or ag- (OJT) programs (except the requirement that PROGRAMS a training program has to be for at least six gravated a severe disability during that serv- months) apply to franchise-ownership OJT, ice. Current Law including the requirement that the trainee House Bill Under chapter 31 of title 38 VA provides vo- cational rehabilitation and employment earn wages that are increased on an incre- The House Bills contain no comparable services for certain veterans with service- mental basis. provision. Senate Bill connected disabilities. VA currently collects Compromise Agreement data that does not accurately demonstrate Section 315 of S. 3023, as amended, would Section 331 of the Compromise Agreement the long-term results of participation in, or exempt on-the-job training programs from follows the Senate language. completion of, VA’s vocational rehabilita- the requirement to provide participants with tion and employment program. Typically, wages if the training program is offered in INCREASE IN CAP OF NUMBER OF VETERANS PAR- VA knows how long a veteran spends in the connection with the purchase of a franchise. TICIPATING IN INDEPENDENT LIVING PROGRAM Current Law various phases in long-term training and the House Bill costs related to that participation. However, The House Bills contain no comparable Section 3120(e) of title 38 authorizes VA to VA does not collect data on earnings, pro- provision. initiate a program of independent living motions, and other long-term employment- Compromise Agreement services for no more than 2,500 service-con- related data following completion of the pro- nected disabled veterans in each fiscal year. Section 325 of the Compromise Agreement gram. VA also does not collect data on those follows the Senate language. Senate Bill who may qualify for the program but do not COORDINATION OF APPROVAL ACTIVITIES IN THE The Senate Bills contains no comparable complete the track of the program appro- ADMINISTRATION OF EDUCATION BENEFITS provision. priate to their situation. Current Law House Bill House Bill Under chapter 36 of title 38 VA contracts Section 301 of H.R. 6832 increases to 2,600 Section 1 of H.R. 3889 would require VA, for the services of State approving agencies the number of veterans who may initiate a subject to the availability of appropriated

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00149 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22664 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 funds, to conduct a longitudinal study, over event of a loss, VA will pay between $25,000 House Bill a period of at least 20 years, of a statistically and $100,000 depending on the severity of the The House Bills contain no comparable valid sample of certain groups of individuals qualifying loss. At present, active duty and provision. who participate in VA’s vocational rehabili- reserve component servicemembers with any Compromise Agreement tation and employment program. The groups amount of SGLI coverage are automatically of individuals would include those who begin covered under TSGLI. A premium (currently Section 402 of the Compromise Agreement participating in the vocational rehabilita- $1 monthly) is collected from covered mem- follows the Senate language. tion program during fiscal year 2009, those bers to meet peacetime program expenses; OTHER ENHANCEMENTS OF SERVICEMEMBERS’ individuals who begin participating in such a the DOD is required to fund TSGLI program GROUP LIFE INSURANCE COVERAGE program during fiscal year 2011, and those in- costs associated with the extra hazards of Current Law dividuals who begin participating in such a military service. SGLI is a VA-supervised life insurance pro- program during fiscal year 2014. Subsection (b)(1) of section 1980A lists gram that provides group coverage for mem- By not later than July 1 of each year cov- some qualifying losses for which injured bers on active duty in the uniformed services ered by the study, the Secretary would be re- servicemembers are covered under TSGLI, (Army, Navy, Air Force, Marine Corps, and quired to submit to the Committees on Vet- including, among others, complete loss of vi- Coast Guard), members of the Commissioned erans’ Affairs of the Senate and House of sion, complete loss of hearing, amputation of Corps of the United States Public Health Representatives a report on the study during a hand or foot and the inability to carry out Service and the National Oceanic and At- the preceding year. The Secretary would be the activities of daily living resulting from mospheric Administration, Reserve and Na- required to include in the report any data injury to the brain. PTSD is not currently tional Guard members, Reserve Officer necessary to determine the long-term out- among the conditions classified as qualifying Training Corps members engaged in author- comes of the individuals participating in the a loss. ized training, service academy cadets and program. In addition, each report would be Senate Bill midshipmen, Ready Reserve and Retired Re- required to contain (1) the number of individ- serve members, and Individual Ready Re- uals participating in vocational rehabilita- Section 501 of S. 3023, as amended, would serve members who are subject to involun- tion programs who suspended participation require VA, in consultation with the Depart- tary recall to active duty service. VA pur- in such a program during the year covered ment of Defense, to submit a report to Con- chases a group policy on behalf of partici- by the report; (2) the average number of gress assessing the feasibility of and advis- pating members from a commercial provider. months such individuals served on active ability of including severe and acute PTSD Since the inception of the SGLI program in duty; (3) the distribution of disability rat- among the conditions covered by TSGLI. The 1965, The Prudential Insurance Company of ings of such individuals; (4) the types of report would be due to the Committees not America has been the provider. VA’s FY 2009 other benefits administered by the Secretary later than 180 days after enactment of this budget submission projects that 2,342,000 in- received by such individuals; (5) the types of bill. dividuals will be covered under SGLI in FY social security benefits received by such in- House Bill 2009. dividuals; (6) any unemployment benefits re- The House Bills contain no comparable Full coverage under SGLI is provided auto- ceived by such individuals; (7) the average provision. matically at the maximum coverage amount number of months such individuals were em- Compromise Agreement when an individual begins covered service. ployed during the year covered by the report; Partial coverage at prorated premium rates (8) the average annual starting and ending Section 401 of the Compromise Agreement is available for Reserve and National Guard salaries of such individuals who were em- follows the Senate language. members for active and inactive duty train- ployed during the year covered by the report; TREATMENT OF STILLBORN CHILDREN AS INSUR- ing periods. To be covered in an amount less (9) the number of such individuals enrolled in ABLE DEPENDENTS UNDER SERVICEMEMBERS’ than the maximum, or to decline coverage an institution of higher learning; (10) the av- GROUP LIFE INSURANCE altogether, a member must make a written erage number of academic credit hours, de- Current Law election to that effect. Coverage amounts grees, and certificates obtained by such indi- In 2001, section 4 of the Veterans’ Survivor may be reduced in multiples of $10,000. A viduals during the year covered by the re- Benefits Improvements Act of 2001, Public member may also name, at any time, one or port; (11) the average number of visits such Law 107–14, established a program of family more beneficiaries of his or her choice. Deci- individuals made to VA medical facilities insurance coverage under SGLI through sions concerning coverage amounts and des- during the year covered by the report; (12) which an SGLI-insured member’s insurable ignation of beneficiaries are made at the sole the average number of visits such individuals dependents could also be insured. Section discretion of members insured under SGLI. made to non-VA medical facilities during the 1965(10) of title 38 defines insurable depend- The Veterans’ Insurance Act of 1974, Public year covered by the report; (13) the average ents as the member’s spouse, and the mem- Law 93–289, established a new program of annual income of such individuals; (14) the ber’s child. Section 101(4)(A) of title 38 de- post-separation insurance known as Vet- average total household income of such indi- fines the term child as a person who is un- erans Group Life Insurance (VGLI). Like viduals for the year covered by the report; married and under the age of 18 years; who SGLI, VGLI is supervised by VA but admin- (15) the percentage of such individuals who became permanently incapable of self sup- istered by Prudential. VGLI provides for the own their principal residences; and (16) the port before attaining the age of 18; or a de- post-service conversion of SGLI to a renew- average number of dependents of each such pendent over the age of 18 that is pursuing able term policy of insurance. Persons eligi- veteran. education or training at an approved institu- ble for full-time coverage include former Senate Bill tion. Dependents over the age of 18 are con- servicemembers who were insured full-time The Senate Bills contain no comparable sidered a child until they complete their under SGLI and who were released from ac- provision. education, or until they reach the age of 23. tive duty or the Reserves, Ready Reservists Compromise Agreement Under current law, stillborn children are not who have part-time SGLI coverage and who eligible for coverage as insurable dependents incur certain disabilities during periods of Section 334 of the Compromise Agreement under SGLI. active or inactive duty training, and mem- generally follows the House language, except bers of the Individual Ready Reserve and In- that study participants would be selected Senate Bill active National Guard. Like SGLI, VGLI is from those individuals who begin partici- Section 502 of S. 3023, as amended, would issued in multiples of $10,000 up to the max- pating in VA’s vocational rehabilitation pro- amend section 1965(10) of title 38, so as to imum coverage amount, but in no case can gram during fiscal years 2010, 2012, and 2014. cover a servicemember’s ‘‘stillborn child,’’ as VGLI coverage exceed the amount of SGLI an insurable dependent under the SGLI pro- Title IV—Insurance Matters coverage a member had in force at the time gram. The Committees expect VA to issue REPORT ON INCLUSION OF SEVERE AND ACUTE of separation from active duty service or the regulations that would define the term in a POST-TRAUMATIC STRESS DISORDER AMONG Reserves. manner consistent with the 1992 rec- CONDITIONS COVERED BY TRAUMATIC INJURY ommended reporting requirements of the Senate Bill PROTECTION COVERAGE UNDER SERVICE- Model State Vital Statistics Act and Regula- Section 503 of S. 3023, as amended, includes MEMBERS’ GROUP LIFE INSURANCE tions as drafted by the Centers for Disease numerous amendments to SGLI. Current Law Control and Prevention’s National Center for Subsection (a) of section 503 would extend Section 1980A of title 38 provides traumatic Health Statistics. The Model Act rec- full-time and family SGLI coverage to Indi- injury protection coverage under the ommends a state reporting requirement of vidual Ready Reservists (IRRs), those indi- Servicemembers Group Life Insurance fetal deaths involving fetuses weighing 350 viduals referred to in section 1965(5)(C) of (SGLI) program. Traumatic Servicemembers grams or more, if the weight is unknown, or title 38. This group of individuals volunteer Group Life Insurance (TSGLI) provides cov- 20 or more completed weeks of gestation, for assignment to a mobilization category in erage against qualifying losses incurred as a calculated from the date last normal men- the Individual Ready Reserve, as defined in result of a traumatic injury event. In the strual began to the date of delivery. section 12304(i)(1) of title 10. The Veterans’

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Survivor Benefits Improvement Act of 2001, On July 30, 2008, the Housing and Economic ENHANCEMENT OF REFINANCING OF HOME LOANS Public Law 107–14, provided SGLI coverage Recovery Act of 2008 was signed into law as BY VETERANS for Ready Reservists, referred to in section Public Law 110–289. That law provided a tem- Current Law 1965(5)(B), but not to IRRs. porary increase in the maximum guaranty Under section 3703(a)(1)(A)(i)(IV) of title 38, Subsection (b) of section 503 would provide amount for VA loans originated from July the maximum VA home loan guaranty limit that a dependent’s SGLI coverage would ter- 30, 2008, through December 31, 2008, to the for most loans in excess of $144,000 is equal to minate 120 days after the date of the mem- same level as provided in the Stimulus Act. 25 percent of the Freddie Mac conforming ber’s separation or release from service, Senate Bill loan limit for a single family home. Public rather than 120 days after the member’s Section 201 of S. 3023, as amended, in a Law 110–289 set this value at approximately SGLI terminates. freestanding provision, would apply the tem- $182,437 through the end of 2008. This means Subsection (c) of section 503 would clarify porary increase in the maximum guaranty lenders making loans up to $729,750 will re- that VA has the authority to set premiums amount, enacted in Public Law 110–289, until ceive at least a 25 percent guaranty, which is for SGLI coverage for the spouses of Ready December 31, 2011. typically required to place the loan on the Reservists based on the spouse’s age. House Bill secondary market. Under current law, this Subsection (d) of section 503 would clarify Section 203 of H.R. 6832 would amend sec- does not include regular refinance loans. that any person guilty of mutiny, treason, tion 2201 of Public Law 110–289 by striking Section 3703(a)(1)(B) of title 38 limits to spying, or desertion, or who, because of con- ‘‘December 31, 2008’’ and inserting ‘‘Decem- $36,000 the guaranty that can be used for a scientious objections, refuses to perform ber 31, 2011’’. regular refinance loan. This restriction service in the Armed Forces or refuses to means a regular refinance over $144,000 will wear the uniform of the Armed Forces, for- Compromise Agreement result in a lender not receiving 25 percent feits all rights to VGLI. Section 501 of the Compromise Agreement backing from VA. In this situation, the lend- follows the Senate language. House Bill er is less likely to make the loan to the vet- REPORT ON IMPACT OF MORTGAGE eran. This situation essentially precludes a The House Bills contain no comparable FORECLOSURES ON VETERANS veteran from being able to refinance his or provision. Current Law her existing FHA or conventional loan into a Compromise Agreement There is no applicable provision in current VA guaranteed loan if the loan is greater Section 403 of the Compromise Agreement law. than $144,000. Under section 3710(b)(8) of title 38, VA is follows the Senate language. Senate Bill also precluded from refinancing a loan if the ADMINISTRATIVE COSTS OF SERVICE DISABLED Section 205 of S. 3023, as amended, would VETERANS’ INSURANCE homeowner does not have at least ten per- require VA to report on the impact of the cent equity in his or her home. Current Law mortgage foreclosure crisis on veterans and Senate Bill Under current law, the administrative the adequacy of existing mechanisms avail- Section 202 of S. 3023, as amended, would costs of the Service-Disabled Veterans Insur- able to help veterans. The report would have increase the maximum guaranty limit for re- ance program are paid for by the Govern- to include four specific elements: (1) a gen- eral assessment of the income of veterans finance loans to the same level as conven- ment from VA’s General Operating Expenses tional loans, which is 25 percent of the account. who have recently separated from the Armed Forces; (2) an assessment of the effects of the Freddie Mac conforming loan limit for single Senate Bill length of the disability adjudication process family home. It would also increase the per- Section 102 of S. 1315 would allow adminis- on the capacity of veterans to maintain ade- centage of an existing loan that VA will refi- trative costs for the S-DVI program to be quate or suitable housing; (3) a description of nance under the VA home loan program from paid for by premiums, as is done with all the extent to which the provisions of the 90 percent to 95 percent. other National Service Life Insurance sub- Servicemembers Civil Relief Act currently House Bill funds. This would allow administrative costs protect veterans from mortgage foreclosure; Section 302 of H.R. 6832 contains identical to be provided from Veterans Insurance and and (4) a description and assessment of the language as the Senate bill with respect to Indemnities and not General Operating Ex- adequacy of the VA home loan guaranty pro- increasing the maximum guaranty limit for penses in Function 700 of the Budget of the gram in preventing foreclosure for recently refinance loans. In addition, section 302 United States Government. separated veterans. The report would be due would increase the percentage of an existing House Bill to the Committees on Veterans’ Affairs of loan that VA will refinance from 90 percent The House Bills contain no comparable the Senate and the House of Representatives to 100 percent. provision. no later than December 31, 2009. Compromise Agreement House Bill Compromise Agreement Section 504 of the Compromise Agreement The House Bills contain no comparable Section 404 of the Compromise Agreement includes the language pertaining to the in- provisions. follows the Senate language. crease in the maximum guaranty limit for Compromise Agreement refinance loans that appears in both the Title V—Housing Matters Section 502 of the Compromise Agreement House and the Senate bills and follows the TEMPORARY INCREASE IN MAXIMUM LOAN GUAR- follows the Senate language. House language with respect to the equity ANTY AMOUNT FOR CERTAIN HOUSING LOANS REQUIREMENT FOR REGULAR UPDATES TO HAND- requirement. GUARANTEED BY SECRETARY OF VETERANS BOOK FOR DESIGN FURNISHED TO VETERANS EXTENSION OF CERTAIN VETERANS HOME LOAN AFFAIRS ELIGIBLE FOR SPECIALLY ADAPTED HOUSING GUARANTY PROGRAMS Current Law ASSISTANCE BY SECRETARY OF VETERANS AF- Current Law Section 3703 of title 38 stipulates the max- FAIRS Section 3707 of title 38 authorizes VA to imum loan guaranty amounts that VA will Current Law conduct a demonstration project that offers provide to veterans under its home loan Section 2103 of title 38 authorizes VA to guaranties of adjustable rate mortgages guaranty program. Public Law 108–454 in- provide, without cost, model plans and speci- (ARMs), loans with interest rates that creased VA’s maximum guaranty amount to fications of suitable housing units to dis- change, and ‘‘hybrid’’ adjustable rate mort- 25 percent of the Freddie Mac conforming abled veterans eligible for specially adapted gages (hybrid ARMs), loans that carry a loan limit determined under section 305(a)(2) housing under chapter 21 of title 38. Pursu- fixed rate of interest for an initial period fol- of the Federal Home Loan Mortgage Cor- ant to this authority, the VA published, in lowed by annual interest rate adjustments poration Act for a single family residence, as April 1978, Pamphlet 26–13, ‘‘Handbook for thereafter. VA currently has authority to adjusted for the year involved. The Eco- Design: Specially Adapted Housing.’’ continue these demonstration projects nomic Stimulus Act of 2008 (Stimulus Act), House Bill through the end of fiscal year 2008. Public Law 110–185, temporarily reset the Section 1 of H.R. 5664 would amend section Senate Bill maximum limits on home loans that the 2103 of title 38 to direct the Secretary to up- Section 203(a) of S. 3023, as amended, would Federal Housing Administration (FHA) may date at least once every six years the plans amend section 3707 of title 38 to extend VA’s insure and that Fannie Mae and Freddie Mac and specifications for specially adapted ARM and hybrid ARM programs through fis- may purchase on the secondary market to housing furnished to veterans by VA. cal year 2012. 125 percent of metropolitan-area median Senate Bill House Bill home prices, but did so without reference to the VA home loan program. This had the ef- The Senate Bills contain no comparable Section 208 of H.R. 6832 contains identical fect of raising the Fannie Mae, Freddie Mac, provision. language. and FHA limits to nearly $730,000, in the Compromise Agreement Compromise Agreement highest cost areas, while leaving the then- Section 503 of the Compromise Agreement Section 505 of the Compromise Agreement VA limit of $417,000 in place. follows the House language. includes this language.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00151 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22666 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 Title VI—Court Matters section 7296 of title 38, a recall-eligible re- Federal Circuit; the number and status of ap- TEMPORARY INCREASE IN NUMBER OF AUTHOR- tired judge receives annual pay equal to the peals, petitions, and EAJA applications IZED JUDGES OF THE UNITED STATES COURT annual salary of an active judge (pay-of-the- pending at the end of the fiscal year; the OF APPEALS FOR VETERANS CLAIMS office) and that salary level is not impacted number of cases pending for more than 18 by how much recall service is performed dur- months at the end of the fiscal year; and a Current Law ing a year. summary of any service performed by re- Under current law, section 7253(a) of title Senate Bill called retired judges during the fiscal year. 38, the United States Court of Appeals for Section 403 of S. 3023, as amended, would In addition, the Court would be required to Veterans Claims (CAVC) is limited to seven provide an assessment of the workload of active judges. modify the authorities for the recall of re- tired judges and the retirement pay struc- each judge of the Court, including consider- Senate Bill ture. This section would repeal the 180–day ation of the time required of each judge for Section 401 of S. 3023, as amended, would limit on how many days per calendar year a disposition of each type of case, the number temporarily increase the number of active recall-eligible retired judge may voluntarily of cases reviewed by the Court, and the aver- judges on the CAVC from seven to nine, ef- serve in recall status. In addition, for judges age workload of other Federal judges. fective December 31, 2009. Effective January appointed on or after the date of enactment, House Bill 1, 2013, no appointment could be made to it would create a three-tiered retirement pay Section 201 of H.R. 5892, as amended, would Court if that appointment would result in structure. Specifically, pay-of-the-office add a section to chapter 72 to establish an there being more judges of the Court than would be reserved for judges who are actively annual reporting requirement for the CAVC. the authorized number of judges of the Court serving, either as a judge of the Court or as The CAVC would be required to submit to specified in current law. a retired judge serving in recall status. When the Committees on Veterans’ Affairs of the House Bill not serving in recall status, a recall-eligible Senate and House of Representatives an an- The House Bills contain no comparable retired judge would receive the rate of pay nual report summarizing the workload of the provision. applicable to that judge as of the date the Court. The information required to be re- judge retired, as increased by periodic cost- ported would include the number of appeals Compromise Agreement of-living adjustments. A retired judge who is filed; the number of petitions filed; the num- Section 601 of the Compromise Agreement not recall eligible would receive the rate of ber EAJA applications filed; the number and follows the Senate language. It is the Com- pay applicable to that judge at the time of type of dispositions; the median time from mittees’ expectation that the next Adminis- retirement. Finally, section 403 would ex- filing to disposition; the number of oral ar- tration will begin vetting candidates for the empt current and future recall-eligible re- guments; the number and status of pending additional judgeships as soon as practicable tired judges from involuntary recall once appeals, petitions, and EAJA applications; a so that by the effective date of this provi- they have served an aggregate of five years summary of any service performed by re- sion, December 31, 2009, Congress might of recall service. called retired judges; and the number of begin considering nominations to the Court. House Bill cases pending longer than 18 months. PROTECTION OF PRIVACY AND SECURITY The House Bills contain no comparable Compromise Agreement CONCERNS IN COURT RECORDS provision. Section 604 of the Compromise Agreement Current Law Compromise Agreement follows the Senate language. Current law, section 7268(a) of title 38, pro- Section 603 of the Compromise Agreement ADDITIONAL DISCRETION IN IMPOSITION OF vides that ‘‘all decisions of the Court of Ap- follows the Senate language. PRACTICE AND REGISTRATION FEES peals for Veterans Claims and all briefs, mo- ANNUAL REPORTS ON WORKLOAD OF THE UNITED Current Law tions, documents, and exhibits received by STATES COURT OF APPEALS FOR VETERANS the Court. . . shall be public records open to Under section 7285 of title 38, the CAVC is CLAIMS the inspection of the public.’’ Section authorized to impose a periodic registration 7268(b)(1) provides that ‘‘[t]he Court may Current Law fee on individuals admitted to practice be- make any provision which is necessary to Chapter 72 of title 38 establishes the orga- fore the Court. The maximum amount of any prevent the disclosure of confidential infor- nization, jurisdiction, and procedures gov- such fee is capped at $30 per year. That mation, including a provision that any such erning the CAVC. That chapter does not re- amount is significantly lower than other document or information be placed under quire the Court to provide Congress with an- Federal courts generally charge. The Court seal to be opened only as directed by the nual reports on its workload. is also authorized to impose a registration Court.’’ Senate Bill fee on the individuals participating in the Court’s judicial conference. Senate Bill Section 404 of S. 3023, as amended, would Senate Bill Section 402 of S. 3023, as amended, would add a section to chapter 72 to establish an amend section 7268 of title 38, so as to re- annual reporting requirement for the CAVC. Section 502 of S. 1315, as amended, would quire the Court to prescribe rules, in accord- The CAVC would be required to submit to strike the $30 cap on the amount of registra- ance with section 7264(a) of title 38, to pro- the Committees on Veterans’ Affairs of the tion fees that may be charged to individuals tect privacy and security concerns relating Senate and House of Representatives an an- admitted to practice before the Court. It also to the filing of documents, and the public nual report summarizing the workload of the would clarify that any registration fee availability of such documents, that are re- Court. charged by the Court, either for those admit- tained by CAVC or filed electronically. The The information required to be in the re- ted to practice before the Court or those par- rules prescribed by the Court would be re- port would include the number of appeals, ticipating in the judicial conference, must be quired to be consistent, to the extent prac- petitions, and applications for fees under the reasonable. ticable, with rules that address privacy and Equal Access to Justice Act (EAJA) filed House Bill with the Court. It would also include the security issues throughout the Federal The House Bills contain no comparable courts. total number of dispositions by the Court as a whole, by the Clerk of the Court, by a sin- provision. House Bill gle judge, by multi-judge panels, and by the Compromise Agreement The House Bills contain no comparable full Court and the number of each type of Section 605 of the Compromise Agreement provisions. disposition by the Court, including settle- follows the Senate language. Compromise Agreement ment, affirmation, remand, vacation, dis- Title VII—Assistance To United States Section 602 of the Compromise Agreement missal, reversal, grant, and denial. In addi- Paralympic Integrated Adaptive Sports follows the Senate language. tion, the required information would include Program the median time from filing an appeal to dis- RECALL OF RETIRED JUDGES OF THE UNITED DEPARTMENT OF VETERANS AFFAIRS PROVISION position by the Court as a whole, by the STATES COURT OF APPEALS FOR VETERANS OF ASSISTANCE TO UNITED STATES Clerk of the Court, by a single judge, or by CLAIMS PARALYMPICS, INC. AND DEPARTMENT OF VET- multiple judges; the median time from the ERANS AFFAIRS OFFICE OF NATIONAL VET- Current Law filing of a petition to disposition by the ERANS SPORTS PROGRAMS AND SPECIAL Under section 7257 of title 38, retiring Court; the median time from filing an EAJA EVENTS CAVC judges make an election whether to be application to disposition by the Court; and recall eligible. If a judge chooses to be recall the median time from completion of the Current Law eligible, the Chief Judge of the CAVC has the briefing requirements by the parties to dis- Section 521 of title 38 authorizes the Sec- authority to involuntarily recall that judge position by the Court. The report would also retary to assist certain organizations in pro- for up to 90 days per calendar year or, with include the number of oral arguments held viding recreational activities which would the consent of the judge, to recall the judge by the Court; the number of cases appealed further the rehabilitation of disabled vet- for up to 180 days per calendar year. Under to the United States Court of Appeals for the erans.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00152 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22667 House Bill provision been in effect at the time. VA amine the effects of herbicide exposure and Section 3 of H.R. 4255, as amended, would would have the discretion to determine in health, mortality, and reproductive out- authorize the Secretary to provide assist- which cases, if any, the use of this authority comes in veterans of Operation Ranch Hand. ance to the Paralympic Program of the would be appropriate. The study is noteworthy for the amount of United States Olympic Committee (USOC). House Bill data and biological specimens collected. It Section 4 of H.R. 4255, as amended, would The House Bills contain no comparable cost over $143 million and was concluded in establish the Department of Veterans Affairs provision. 2006. Office of National Veterans Sports Programs The Senate bill would require VA to pro- Compromise Agreement and Special Events. vide funding during fiscal years 2008 through Section 801 of the Compromise Agreement Senate Bill 2011 for the purposes recommended by IOM in follows the Senate language. the Disposition of the AFHS report. The Senate Bills contain no comparable provision. THREE-YEAR EXTENSION OF AUTHORITY TO House Bill CARRY OUT INCOME VERIFICATION Compromise Agreement The House Bills contain no comparable Current Law provision. Title VII of the Compromise Agreement generally follows the House language. It Section 6103(l)(7)(D)(viii) of title 26 author- Compromise Agreement makes the authority to provide assistance to izes the release of certain income informa- Section 803 of the Compromise Agreement the Paralympic Program of the USOC a four- tion by the Internal Revenue Service (IRS) follows the Senate language. or the Social Security Administration (SSA) year pilot program instead of a permanent NATIONAL ACADEMIES STUDY ON RISK OF DE- to VA for the purposes of verifying the in- program and makes it clear that the agree- VELOPING MULTIPLE SCLEROSIS AS A RESULT comes of applicants for VA needs-based bene- ment entered into is between VA and United OF CERTAIN SERVICE IN THE PERSIAN GULF fits, including pensions for wartime veterans States Paralympics, Inc. The Compromise WAR AND POST–9/11 GLOBAL OPERATIONS THE- and compensation for Individual Agreement makes it clear that the United ATERS Unemployability. Section 5317(g) of title 38 States Paralympics, Inc., shall continue to Current Law seek private sponsorship and donors. It fur- provides VA with temporary authority to ob- ther provides for the Comptroller General of tain and use this information in order to en- Under current law, veterans gain eligi- the United States to provide a report to the sure that those receiving benefits under bility for disability benefits by dem- Congress after three years. these income-programs are not earning a onstrating a link between their disability greater annual income than the law permits. and their active military, naval, or air serv- Title VIII—Others Matters This temporary authority will expire on Sep- ice. To establish such a link, the veteran AUTHORITY FOR SUSPENSION OR TERMINATION tember 30, 2008. must show, generally, that his or her dis- OF CLAIMS OF THE UNITED STATES AGAINST Senate Bill ability resulted from an injury or disease INDIVIDUALS WHO DIED WHILE SERVING ON AC- that was incurred or aggravated during the Section 603 of S. 3023, as amended, would TIVE DUTY IN THE ARMED FORCES time of military service. extend VA’s authority to obtain income in- Current Law In addition to disabilities that can be di- formation from the IRS or the SSA until rectly linked to service, certain diagnosed In January 2008, VA disclosed that, in an September 30, 2011. attempt to collect debts owed to VA, the De- diseases are presumed, as a matter of law, to House Bill partment had contacted the estates of twen- be service-connected if they manifest under ty-two servicemembers who died while serv- Section 206 of H.R. 6832 would extend VA’s conditions specified by statute. For example, ing in either Operation Enduring Freedom or authority to obtain income verification from section 1112, title 38, provides a presumption Operation Iraqi Freedom. Under the relevant the IRS or the SSA until September 30, 2010. for certain chronic diseases if manifested to law in effect at that time, section 5302 of Compromise Agreement a degree of disability of 10 percent or more title 38, any veteran or active duty service- Section 802 of the Compromise Agreement within one year of separation from service, member indebted to VA due to the overpay- follows the Senate language. for certain tropical diseases if manifested to ment or erroneous payment of benefits was a degree of disability of 10 percent or more, MAINTENANCE, MANAGEMENT, AND AVAIL- able to apply for a waiver from VA so as to generally, within one year of separation ABILITY FOR RESEARCH OF ASSETS OF AIR remove the obligation to pay the debt. How- from service, and for active tuberculosis or FORCE HEALTH STUDY ever, under that law, VA was required to no- Hansen’s disease if manifested to a degree of tify the beneficiary, or his or her estate if Current Law disability of 10 percent or more within three the beneficiary was deceased, when an out- Legislation enacted as section 714 of the years of separation from service. standing debt arose and to provide informa- John Warner National Defense Authorization In 1962, Public Law 87–645 extended the pe- tion on the right to apply for a waiver. Act for Fiscal Year 2007, Public Law 109–364, riod of time after separation from service In an attempt to address this situation, the authorized the Air Force to transfer custody that a diagnosis of multiple sclerosis may be Supplemental Appropriations Act, 2008, Pub- of the data and biological specimens to the presumed to be service-connected from three lic Law 110–252, included a provision that Medical Follow-Up Agency (MFUA). There is to seven years for veterans with wartime added a new section 5302A to title 38, which no provision in current law for the mainte- service. prohibits VA from collecting all or any part nance and management of the assets author- Senate Bill ized to be transferred. of a debt owed to VA by a servicemember or Section 806 of S. 1315, as amended, would veteran who dies as the result of an injury Senate Bill require VA to enter into a contract with the incurred or aggravated in the line of duty Section 805 of S. 1315, as amended, would IOM to conduct a comprehensive epidemio- while serving in a theater of combat oper- ensure that the assets from the Air Force logical study to identify any increased risk ations in a war or in combat against a hos- Health Study (AFHS) transferred to the of developing multiple sclerosis, and other tile force during a period of hostilities after MFUA are maintained, managed and made diagnosed neurological diseases, as a result September 11, 2001. The Secretary is required available to researchers. In order to ensure of service in the Southwest Asia theater of to determine that termination of collection that sufficient funds are made available for operations or in the Post 9/11 Global Oper- is in the best interest of the United States. this purpose, funding in the amount of ations theaters. The Southwest Asia theater Senate Bill $1,200,000 would be made available from VA of operations is defined in section 3.3317 of Section 601 of S. 3023, as amended, would accounts available for Medical and Pros- title 38, Code of Federal Regulations. The amend section 3711 of title 31 so as to grant thetic Research in each fiscal year from 2008 Post 9/11 Global Operations theater is defined VA discretionary authority to suspend or through 2011. In addition, funding from the as Afghanistan, Iraq, or any other theater terminate the collection of debts owed to it same source would be provided in the for which the Global War on Terrorism Expe- by individuals who die while serving on ac- amount of $250,000 for each year to conduct ditionary Medal is awarded for service. tive duty in the Armed Forces. The author- additional research using the assets of the The mandated study would examine the in- ity to suspend collection would cover all in- AFHS. Finally a report would be provided to cidence and prevalence of diagnosed neuro- dividuals who die while serving on active the Congress by March 31, 2011, concerning logical diseases, including multiple sclerosis, duty as a member of the Army, Navy, Air the feasibility and advisability of conducting Parkinson’s disease, and brain cancers, as Force, Marine Corps, or Coast Guard during additional research using these assets or dis- well as central nervous abnormalities, in a period when the Coast Guard is operating posing of them. members of the Armed Forces who served as a service in the Navy. In the late 1970’s, Congress urged the DOD during the Persian Gulf War period and Section 601 of S. 3023, as amended, also in- to conduct an epidemiologic study of vet- Post–9/11 Global Operations period. The cludes a freestanding provision that would erans of ‘‘Operation Ranch Hand,’’ the mili- study would also collect information on pos- permit VA to provide an equitable refund to tary units responsible for aerial spraying of sible risk factors, such as exposure to pes- any estate from which it collected a debt herbicides during the Vietnam War. In re- ticides and other toxic substances. IOM that it otherwise would have waived had this sponse, the AFHS was initiated in 1982 to ex- would be required to submit a final report to

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VA and the appropriate committees of Con- PENALTIES FOR VIOLATION OF INTEREST RATE to advertise in national media to promote gress by December 31, 2012. LIMITATION UNDER SERVICEMEMBERS CIVIL awareness of benefits under laws adminis- House Bill RELIEF ACT tered by the Secretary. The House Bills contain no comparable Current Law Senate Bill provision. The SCRA provides that penalties under The Senate Bills contain no comparable Compromise Agreement title 18 may be imposed against anyone who provision. knowingly takes part in or attempts to vio- Section 804 of the Compromise Agreement Compromise Agreement late certain applicable protections. generally follows the Senate language. Section 809 of the Compromise Agreement House Bill TERMINATION OR SUSPENSION OF CONTRACTS follows the House language. FOR CELLULAR TELEPHONE SERVICE FOR CER- Section 5 of H.R. 6225 would amend section MEMORIAL HEADSTONES AND MARKERS FOR DE- TAIN SERVICEMEMBERS 207 of the SCRA by placing a fine of $5,000 CEASED REMARRIED SURVIVING SPOUSES OF and $10,000 on any individual or organization, Current Law VETERANS respectively, who knowingly violates certain Current Law The Servicemembers Civil Relief Act SCRA rights of a servicemember. It would Section 2306(b)(4)(B) of title 38 authorizes (SCRA), currently found in the appendix to further provide for attorney fees and treble VA to furnish an appropriate memorial head- title 50, beginning at section 501, is intended damages in certain cases. to provide for the temporary suspension of stone or marker to commemorate eligible in- Senate Bill judicial and administrative proceedings and dividuals whose remains are unavailable. In- transactions that may adversely affect the The Senate Bills contain no comparable dividuals currently eligible for memorial civil rights of servicemembers during their provision. headstones or markers include a veteran’s military service. Title III of the SCRA ex- Compromise Agreement surviving spouse, which is defined to include tends the right to terminate real property Section 807 of the Compromise Agreement ‘‘an unremarried surviving spouse whose sub- leases to active duty servicemembers on de- follows the House language to add penalties sequent remarriage was terminated by death ployment orders of at least 90 days. It also in section 207 of the SCRA. or divorce.’’ Thus, a surviving spouse who re- allows for the termination of automobile married after the veteran’s death is not eli- FIVE-YEAR EXTENSION OF SUNSET PROVISION leases for use by servicemembers and their gible for a memorial headstone or marker FOR ADVISORY COMMITTEE ON MINORITY VET- dependents on military orders outside the unless the remarriage was terminated by ERANS continental United States for a period of 180 death or divorce before the surviving spouse days or more. Current Law died. However, a surviving spouse who re- Senate Bill Section 544 of title 38 required the Sec- married after the veteran’s death is eligible retary to establish an Advisory Committee for burial in a VA national cemetery without Section 804 of S. 1315, as amended, would on Minority Veterans. Under section 544(e) of regard to whether any subsequent remar- expand the SCRA to allow for the termi- title 38, the Committee will cease to exist on riage ended. nation or suspension, upon request, of the December 31, 2009. cellular telephone contracts of Senate Bill servicemembers deployed outside the United House Bill Section 602 of S. 3023, as amended, would States. Section 1 of H.R. 674 would repeal the sun- extend eligibility for memorial headstones House Bill set date on the Advisory Committee on Mi- or markers to a deceased veteran’s remarried nority Veterans. surviving spouse, without regard to whether Section 4 of H.R. 6225, as amended, would any subsequent remarriage ended. extend the SCRA protections to enable Senate Bill servicemembers with deployment orders to The Senate Bills contain no comparable House Bill terminate or suspend service contracts with- provision. The House Bills contain no comparable out fee or penalty for such services as cel- Compromise Agreement provision. lular phones, utilities, cable television, or Section 808 of the Compromise Agreement Compromise Agreement internet access. would extend the sunset date on the Advi- Section 810 of the Compromise Agreement Compromise Agreement sory Committee on Minority Veterans for follows the Senate language. Section 805 of the Compromise Agreement five years from the current date of expira- Mr. BURR. Mr. President, as ranking generally follows the Senate language, ex- tion, until December 31, 2014. member of the Senate Committee on cept that it also includes a provision allow- AUTHORITY OF SECRETARY OF VETERANS AF- Veterans’ Affairs, I rise today to ap- ing servicemembers to suspend or terminate FAIRS TO ADVERTISE TO PROMOTE AWARENESS plaud the passage of S. 3023, the Vet- cellular phone contracts if they receive or- OF BENEFITS UNDER LAWS ADMINISTERED BY erans’ Benefits Improvement Act of ders for a permanent change of duty station. THE SECRETARY 2008. This veterans’ benefits omnibus CONTRACTING GOALS AND PREFERENCES FOR Current Law bill, which is now on its way to the VETERAN-OWNED SMALL BUSINESS CONCERNS The Anti-Deficiency Act, section 1341 of Current Law President, will make a wide assortment title 5, prohibits the use of appropriated of improvements to benefits programs Section 502 and 503 of Public Law 109–461, funds for publicity or propaganda purposes. the Veterans Benefits, Health Care, and In- Section 404 of Public Law 110–161, the Con- for our Nation’s veterans and their formation Technology Act of 2006, require solidated Appropriations Act of 2008, rein- families. VA to provide certain contracting pref- forced this prohibition stating: I want to commend the chairman of erences to small businesses owned by vet- No part of any funds appropriated in this the Senate Committee of Veterans’ Af- erans and service-disabled veterans. Act shall be used by an agency of the execu- fairs, Senator AKAKA, and our col- House Bill tive branch, other than for normal and rec- leagues on the House Committee on ognized executive-legislative relationships, Section 2 of H.R. 6221, as amended, would Veterans’ Affairs, Chairman FILNER for publicity or propaganda purposes, and for amend section 8127 of title 38 to require the and Ranking Member BUYER, for their the preparation, distribution or use of any Secretary to include in each contract the kit, pamphlet, booklet, publication, radio, efforts in crafting this compromise leg- Secretary enters with an agent acting on television, or film presentation designed to islation. It reflects the bipartisan work VA’s behalf for the acquisition of goods and support or defeat legislation pending before of dozens of Members of both the House services a provision that requires the agent Congress, except in presentation to Congress and Senate. The result of our work is to comply with the contracting goals and itself. preferences for small business concerns an omnibus veterans’ benefits bill with Although executive branch departments owned or controlled by veterans set forth in over 60 provisions that will allow more and agencies are prohibited from using ap- sections 502 and 503 of Public Law 109–461. veterans to access VA-backed home propriated funds to engage in ‘‘publicity or loans, will expand access to inde- Senate Bill propaganda,’’ there is no such prohibition The Senate Bills contain no comparable against disseminating information about pendent living services for severely in- provision. current benefits, policies, and activities. jured veterans, and will address VA’s Compromise Agreement Military recruiting advertising campaigns disability claims backlog, among many are a primary example of an acceptable use other valuable provisions. Section 806 of the Compromise Agreement of appropriated funds. generally follows the House language except I am particularly pleased that the that it would apply, to the maximum extent House Bill bill includes an education benefit that feasible, only to contracts entered into after Section 2 of H.R. 3681 would add a new sec- draws its inspiration from a North Car- December 31, 2008. tion 532 to title 38 authorizing the Secretary olinian. Sarah Wade, spouse of Ted

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00154 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22669 Wade, an Iraq War veteran who lost his That is why I championed a provision verely disabled veteran of OIF/OEF to right arm and has battled the effects of to require the head of each Federal ex- receive more than 24 months of serv- severe traumatic brain injury after an ecutive agency to provide training for ices. These changes will help ensure explosive detonated under his Humvee their human resources personnel on the that veterans who have suffered dev- in 2004, has been at her husband’s side rights, benefits, and obligations under astating injuries in service to our Na- as a primary caregiver from the begin- USERRA. My hope is that this training tion will have access to the services ning. She quit her job to take care of will help prevent future violations of they need to lead fulfilling, inde- Ted and has doggedly ensured that he USERRA before they ever occur, so our pendent lives. receives the highest quality of care. It returning servicemembers will not ex- This bill also includes a provision is likely that her intensive involve- perience delays or frustrations in re- that would require VA to provide Con- ment in Ted’s ongoing recovery will suming their civilian jobs. In short, gress with a plan for updating its dis- last for several more years. this provision will move the Federal ability rating schedule and a timeline Sarah’s effort on behalf of her hus- Government toward becoming the for when changes will be made. This band leaves little time for herself. ‘‘model employer’’ that it should be. rating schedule—which is the corner- Sarah would one day like to go to This bill also provides a number of stone of the entire VA claims proc- school. Although VA provides an edu- enhancements to VA’s Home Loan essing system—was developed in the cational assistance benefit for the Guaranty Program, which are particu- early 1900s, and about 35 percent of it spouses of totally disabled veterans larly important in light of the ongoing has not been updated since 1945. It is and servicemembers, the law requires home loan crisis. For starters, the bill riddled with outdated criteria that do that the benefit be used within 10 years temporarily increases the maximum not track with modern medicine, and it of the date the veteran receives a total amount of VA’s home loan guaranty does not adequately compensate young, disability rating. For a spouse like from just over $104,000 to more than severely disabled veterans; veterans Sarah Wade, there is next to no time to $182,000, allowing veterans purchasing with mental disabilities; and veterans take advantage of this benefit within homes in higher cost areas to benefit who are unemployable. that timeframe. The recovery period from a VA guaranty. Another key pro- To address this situation, VA con- for a TBI-afflicted veteran—the very vision will significantly increase the ducted studies on the appropriate level period that Ted needs Sarah the most— maximum amount of VA’s guaranty for of disability compensation to account simply precludes her from pursuing refinance loans. This means veterans for any loss of earning capacity and that option. with large, high-interest conventional any loss of quality of life caused by In recognition of hundreds of spouses loans may be able to switch to lower service-related disabilities. To make like Sarah, the Veterans’ Benefits Im- interest rate VA-backed loans, helping sure these studies don’t get put on a provement Act of 2008 would extend them keep their homes by lowering shelf to collect dust—as has happened from 10 to 20 years the period within their monthly payments. in the past—this bill would require VA which certain spouses of severely dis- Also, the bill would decrease from 10 to submit to Congress a report out- abled veterans could use their edu- percent to 0 percent the amount of eq- lining the findings and recommenda- cation benefits. That longer window uity required in order to refinance tions of those studies, a list of the ac- will allow Sarah and others to focus on from a conventional loan to a VA- tions that VA plans to take in re- their first priority, the care of their in- backed loan. So, even veterans who sponse, and a timeline for when VA jured spouses, while giving them some have seen declining home values may plans to take those actions. My hope is flexibility to pursue their educational be able to benefit from these VA-guar- that this will finally prompt the type goals later on. This provision is simply anteed refinance loans. Collectively, of complete update that is necessary to the right thing to do for those who these changes will help more of our Na- ensure the VA rating schedule is meet- have sacrificed so much. tion’s veterans purchase their own ing the needs of our injured veterans. Another provision I would like to homes or keep their existing homes. This bill would also help ensure that mention would require human resource Other very important provisions in the U.S. Court of Appeals for Veterans specialists in the Federal executive this bill will expand access to VA’s Claims consistently has the judicial re- branch to receive training on the Uni- independent living services program. sources it needs to provide timely deci- formed Services Employment and Re- This program helps veterans with se- sions to veterans and their families. In employment Rights Act, or USERRA. vere service-related disabilities im- recent years, the court has struggled in This law provides a wide range of em- prove their ability to function more the face of a massive caseload, with ployment protections to veterans, fu- independently in their homes and com- record levels of incoming cases and ture and current members of the munities and, in some cases, it gives record levels of pending appeals. Armed Forces, and Guard and Reserve them hope for a productive life. These To help the court deal with this members. For returning servicemem- services are more important than ever workload, this bill will temporarily in- bers, it requires that they be given before, as veterans return home from crease the size of the court from seven their jobs back when they return home. Operation Enduring Freedom and Oper- judges to nine judges. This temporary It also requires that they receive all ation Iraqi Freedom with catastrophic increase will provide the court with the benefits and seniority that would injuries and as the overall veteran pop- more judicial resources in the near have accumulated during their ab- ulation ages. But VA is not authorized term. At the same time, it will allow sence. to allow more than 2,500 disabled vet- Congress to gather more information While every employer should strive erans to enter this program each year, about the court’s workload before de- to meet or exceed the requirements of which may prevent or delay veterans ciding whether a permanent expansion USERRA, Congress has stressed that from receiving these crucial services. of the court is the best way to make ‘‘the Federal Government should be a Also, VA is generally precluded from sure veterans receive timely decisions model employer’’ when it comes to providing more than 24 months of inde- in the future. To that end, the bill complying with this law. In my view, pendent living services to a disabled would require the court to provide an- this means the Federal Government veteran. This may not be long enough nual reports to Congress with details should make sure that not a single re- for a veteran suffering severe disabil- about who is actually doing the work, turning servicemember is denied prop- ities, such as traumatic brain injuries, what type of work they are doing, and er reinstatement to a Federal job. But which can have lengthy, complex, and where there are bottlenecks. unfortunately, this is not happening unpredictable recovery periods. So, This temporary expansion to nine yet. The Federal Government often this bill will increase from 2,500 to 2,600 judges will also help with an ongoing violates this law because Federal hir- the number of veterans who may enter problem—the prospect of having mul- ing managers simply don’t understand the independent living services pro- tiple judicial vacancies when judges re- what it requires or how to apply it. gram each year and will allow any se- tire. When the court was created in

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00155 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22670 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 1988, the terms of the judges were not S. 2162, the proposed Veterans’ Mental many others who have come to the staggered, so six judges retired between Health and Other Care Improvements committee to tell their stories, and 2000 and 2005, with four retirements in Act of 2008, as amended. This is an om- does so with the clear understanding a single 11-month period. This led to a nibus health care measure, which re- that veterans care is a cost of war. If serious disruption in service to vet- sponds to the burgeoning mental we neglect to pay these costs when the erans. To try to avoid a similar disrup- health concerns of veterans and their service members first return from de- tion in service when the existing judges families. The bill, as it comes before ployment, we as a nation will suffer in- retire, the terms of the judges ap- the Senate, is a compromise agreement calculable human costs that can never pointed as a result of this expansion developed with our counterparts on the be repaid. would extend well beyond the retire- House Committee on Veterans’ Affairs. Provisions included in this com- ment dates of all of the existing judges. I thank Chairman FILNER and Ranking promise agreement are drawn from var- In addition to all these good provi- Member BUYER of the House committee ious bills which have all been reported sions, the bill includes some common- for their cooperation in this endeavor. favorably by the Senate Committee on sense reforms to the court’s pay struc- I also thank my good friend, the com- Veterans’ Affairs, including S. 1233 as ture and the rules on recalling retired mittee’s ranking member, Senator ordered reported on August 29, 2007; S. judges. It would remove the current BURR, for his great energy and coopera- 2004, S. 2142, S. 2160, S. 2162, as ordered cap on the number of days a retired tion as we have developed this bill. reported on November 14, 2007; and S. judge may voluntarily serve in recall This compromise agreement is also 2969, as ordered reported on June 26, status each year. It would create a focused on addressing homelessness 2008. three-tier payment structure for the among veterans, increasing VA’s ef- I will briefly outline some of the key judges, which reserves the highest pay forts on pain management, promoting provisions in the compromise agree- for judges actually serving either as ac- excellence in VA’s efforts relating to ment. tive judges or as recalled retired epilepsy, and improving access to care This legislation would make com- judges. It also would exempt retired in rural areas. It also includes a series prehensive changes to VA mental judges from being involuntarily re- of necessary programmatic authoriza- health treatment and research. Most called after they have served at least 5 tion extensions as well as major med- notably, it would ensure a minimum aggregate years as a recalled judge. ical facility construction authoriza- level of substance use disorder care for These reforms should create meaning- tions. veterans who need such care. It would ful incentives for retired judges to The framework for this bill is my leg- also require VA to improve treatment come back to work for longer or more islation, S. 2162 as originally intro- of veterans with PTSD co-occurring frequent periods of time. With their ex- duced. This bill represents a bipartisan with substance use disorders. Addition- perience and expertise, the increased approach and was cosponsored early on ally, in order to determine if VA’s resi- involvement of retired judges will be of by the ranking member, Senator BURR, dential mental health facilities are ap- significant value to the veterans seek- along with Senators MIKULSKI, ENSIGN, propriately staffed, this bill would ing justice from the court. ROCKEFELLER, SMITH, BINGAMAN, DOLE, mandate a review of such facilities. It Mr. President, these are only a few of CLINTON, COLLINS, SESSIONS, and STE- would also create a vital research pro- the over 60 items in this comprehensive VENS. gram on PTSD and substance use dis- veterans’ benefits bill. I am confident Mr. President, I want to share how orders, in cooperation with, and build- this bill will improve the lives of vet- we began this process. The legislation ing on the work of, the National Center erans and their families, even if only in did not stem from a lobbyist or an in- for PTSD. small ways. I applaud the passage of terest group. It came about because of It is not uncommon for veterans with this bill, and, again, I thank my col- one letter—a letter to me from the par- physical and mental wounds to turn to leagues, Chairman AKAKA, Chairman ents of Justin Bailey—Mary Kaye and drugs and alcohol to ease their pain. FILNER, and Ranking Member BUYER. Tony Bailey. Many experts believe that stress is the Justin Bailey was a war veteran who primary cause of drug abuse and of re- f survived Iraq only to die while receiv- lapse to drug abuse. Sixty to eighty VETERANS’ MENTAL HEALTH ing care from VA for PTSD and sub- percent of Vietnam veterans who have CARE IMPROVEMENTS ACT OF 2008 stance use disorder. A week after his sought PTSD treatment have alcohol use disorders. VA has long dealt with Ms. LANDRIEU. Mr. President, I ask death last year, Justin’s parents were substance abuse issues, but there is the Chair to lay before the Senate a naturally heartbroken by the death of much more that can be done. This leg- message from the House with respect their only son, but even more than islation would provide a number of so- to S. 2162. that, they were concerned that other lutions to enhance substance use dis- The Presiding Officer laid before the veterans might share his fate if VA order treatment, including an innova- Senate the following message from the mental health care did not improve. In their own words, they asked, ‘‘Ev- tive approach to substance use treat- House of Representatives: eryone talks about the costs of sending ment via Internet-based programs. Resolved, That the bill from the Sen- troops to Iraq—what about the cost of Furthermore, the inclusion of fami- ate (S. 2162) entitled ‘‘An Act to im- caring for their injuries, both physical lies in mental health and substance use prove the treatment and services pro- and psychological, when they return?’’ disorder treatment is critical. To that vided by the Department of Veterans From this first letter, the Committee end, the compromise agreement would Affairs to veterans with post-traumatic on Veterans’ Affairs held various hear- fully authorize VA to provide mental stress disorder and substance use dis- ings on the mental health needs of vet- health services to families of veterans orders, and for other purposes’’, do pass erans. The media carried so many sto- and would set up a program to with an amendment. ries of veterans who were suffering, and proactively help veterans and their Ms. LANDRIEU. I ask unanimous various studies showed how prevalent families to transition from deployment consent that the Senate concur in the mental health difficulties are in those to civilian life. amendment of the House to the Senate who return from duty in Iraq and Af- Beneficiary travel reimbursements bill and the motion to reconsider be ghanistan. are essential to improving access to VA laid upon the table; further, that any We worked with experts in the men- health care for veterans in rural areas. statements be printed at the appro- tal health field and others who were This legislation would increase the priate place in the RECORD. advocating for veterans, including beneficiary travel mileage reimburse- The PRESIDING OFFICER. Without those at the Disabled American Vet- ment rate from 11 cents per mile to 28.5 objection, it is so ordered. erans, to craft a bill that responded to cents per mile and permanently set the Mr. AKAKA. Mr. President, I rise the problem. This legislation responds deductible to the 2007 amount of $3 today to urge swift Senate passage of to the concerns of the Baileys and each way. Senator TESTER has been a

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00156 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22671 leader on this issue, and I thank him and their many organizations devoted of the Department, passed by the House on for that. to the relief of pain, and I thank them September 10, 2008; H.R. 2623, to prohibit the Too often, veterans suffer from lack for their efforts on behalf of veterans. collection of copayments for all hospice care of care not only because they reside in Finally, S. 2162 contains extensions furnished by the Department of Veterans Af- fairs, passed by the House on July 30, 2007; rural areas but also because they are of authorities for VA to provide some H.R. 2818, to provide for the establishment of unaware of the services available to essential services to veterans, such as epilepsy centers of excellence in the Vet- them. This legislation would enhance both institutional and non-institu- erans Health Administration of the Depart- outreach and accessibility by creating tional long-term care and caregiver as- ment of Veterans Affairs, passed by the a pilot program on the use of peers to sistance. It would also authorize a se- House on June 24, 2008; H.R. 2874, to make help reach out to veterans. It would ries of major medical facility construc- certain improvements in the provision of also encourage improved accessibility tion projects and clinic leases in Cali- health care to veterans, and for other pur- poses, passed by the House on July 30, 2007; for mental health care in rural areas fornia, Texas, Puerto Rico, Florida, S. 2969, to enhance the capacity of the De- through coordination with community- Louisiana, Colorado, Nevada, Pennsyl- partment of Veterans Affairs to recruit and based resources. Mental Health Amer- vania, Wisconsin, South Carolina, retain nurses and other critical health care ica and Iraq and Afghanistan Veterans Ohio, Arizona, Georgia, and Illinois. professionals, and for other purposes, placed of America brought to the committee Mr. President, before I close, I recog- on the Senate calendar on September 18, the concept of using peers to help vet- nize and thank the individuals involved 2008. erans, and I think it is a good one. in putting together this comprehensive H.R. 3819, to reimburse veterans receiving emergency treatment in non-Department of It is crucial that all veterans have measure. Specifically, I thank Cathy Veterans Affairs facilities for such treat- access to emergency care. This bill Wiblemo and Dolores Dunn from the ment until such veterans are transferred to would make corrections to the proce- House committee and Jon Towers from Department facilities, and for other pur- dure used by VA to reimburse commu- the minority on the Senate committee. poses, passed by the House on May 21, 2008; nity hospitals for emergency care pro- I also thank my own staff who assisted H.R. 4264, to name the Department of Vet- vided to eligible veterans to ensure me in forging this bill. Kim Lipsky and erans Affairs spinal cord injury center in that both veterans and community Alex Sardegna heard the needs of vet- Tampa, Florida, as the ‘‘Michael Bilirakis Department of Veterans Affairs Spinal Cord hospitals are not unduly burdened by erans, sought creative solutions to Injury Center,’’ passed by the House on June emergency care costs. This provision is some very complex problems, and 26, 2008; H.R. 5729, to provide comprehensive based on legislation introduced by Sen- worked tirelessly to make this bill a health care to children of Vietnam veterans ator BROWN in response to a situation reality. born with Spina Bifida, and for other pur- in his own State of Ohio, where com- In closing, I thank Mary Kaye and poses, passed by the House on May 20, 2008; munity hospitals were not being reim- Tony Bailey, who set aside their own H.R. 6445, to prohibit the Secretary of Vet- bursed timely from VA. grief about Justin and fought for better erans Affairs from collecting certain copay- The compromise agreement also ad- mental health care for all veterans. We ments from veterans who are catastroph- dresses homelessness among veterans, ically disabled, and for other purposes, all owe the Baileys a debt of gratitude passed by the House on July 30, 2008; H.R. a far too prevalent problem. The bill for so many reasons. 6832, to authorize major medical facility would create targeted programs to pro- I urge all of my colleagues to support projects and major medical facility leases for vide assistance for low-income veteran swift passage of S. 2162, as amended. It the Department of Veterans Affairs for fiscal families. It would also increase the would bring relief, support, and needed year 2009, to extend certain authorities of total amount that VA is authorized to services to so many veterans and their the Secretary of Veterans Affairs, and for spend on its successful Grant and Per families across the country. other purposes, passed by the House on Sep- Diem Program, which assists commu- I ask unanimous consent to have the tember 11, 2008; S. 2969, to enhance the capac- nity-based entities that serve homeless ity of the Department of Veterans Affairs to Joint Explanatory Statement printed recruit and retain nurses and other critical veterans. Finally, the bill would ex- in the RECORD. health care professionals and for other pur- pand a program to help formerly incar- There being no objection, the mate- poses, which was placed on the Senate legis- cerated veterans reintegrate into life rial was ordered to be printed in the lative calendar on September 18, 2008. and ensure facilities are up to par for RECORD, as follows: The House and Senate Committees on Vet- women veterans who are homeless. JOINT EXPLANATORY STATEMENT FOR S. 2162, erans’ Affairs have prepared the following Epilepsy is often associated with VETERANS’ MENTAL HEALTH AND OTHER explanation of the compromise bill, S. 2162 traumatic brain injury. This legisla- CARE IMPROVEMENTS ACT OF 2008 (hereinafter referred to as the ‘‘Compromise tion would establish six VA epilepsy Agreement’’). Differences between the provi- The ‘‘Veterans’ Mental Health and Other sions contained in the Compromise Agree- centers of excellence, focused on re- Care Improvements Act of 2008’’ reflects a ment and the related provisions in the bills search, education, and clinical care ac- compromise agreement that the Senate and listed above are noted in this document, ex- tivities in the diagnosis and treatment House of Representatives’ Committees on cept for clerical corrections and conforming of epilepsy. These centers would re- Veterans’ Affairs reached on certain provi- changes made necessary by the Compromise sions of a number of bills considered by the store VA to the position of leadership Agreement, and minor drafting, technical, House and Senate during the 110th Congress, and clarifying changes. it once held in epilepsy research and including: S. 2162, to improve the treatment treatment. Senators MURRAY and and services provided by the Department of TITLE I—SUBSTANCE USE DISORDERS AND CRAIG worked together to bring this Veterans Affairs to veterans with post-trau- MENTAL HEALTH CARE critical legislation to the forefront. I matic stress disorder and substance use dis- Tribute to Justin Bailey (sec. 101) also add that the Epilepsy Foundation orders, and for other purposes, passed by the The Senate bill contained a provision (sec. of America and the American Academy Senate on June 3, 2008 [hereinafter, ‘‘Senate 306) to specify that this title is enacted in tribute to Justin Bailey, who, after return- of Neurology were very helpful to the Bill’’]; H.R. 5554, to expand and improve health care services available to veterans ing to the United States from service as committee on this issue. from the Department of Veterans Affairs for member of the Armed Forces in Operation The medical community has made substance use disorders, and for other pur- Iraqi Freedom, died in a domiciliary facility impressive advances in pain care and poses, passed by the House on May 20, 2008 of the Department of Veterans Affairs while management, but VA has lagged behind [hereinafter, ‘‘House Bill’’]; S. 1233, to pro- receiving care for post-traumatic stress dis- in implementing a standardized policy. vide and enhance intervention, rehabilita- order and a substance use disorder. S. 2162 would establish a pain care pro- tive treatment, and services to veterans with Section 6 of the House bill contained the gram at all VA inpatient facilities, to traumatic brain injury, and for other pur- identical provision. poses, placed on the Senate calendar on Au- The Compromise Agreement contains this prevent long-term chronic pain dis- provision. ability. It also provides for education gust 29, 2007. H.R. 1527, to conduct a pilot program to Findings on substance use disorders and mental for VA’s health care workers on pain permit certain highly rural veterans enrolled health (sec. 102) assessment and treatment and would in the health system of the Department of The Senate bill contained a provision (sec. require VA to expand research on pain Veterans Affairs to receive covered health 301) that would express the sense of the Con- care. We relied on the Pain Care Forum services through providers other than those gress that:

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00157 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22672 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 (1) More than 1,500,000 members of the to peer counseling. The House bill (sec. 3) The Senate bill contained no similar provi- Armed Forces have been deployed in Oper- would also require the Secretary to ensure sion. ation Iraqi Freedom and Operation Enduring that the amounts made available for care, The Compromise Agreement contains the Freedom. The 2005 Department of Defense treatment, and services are allocated evenly House provision. Survey of Health Related Behaviors Among throughout the system, including an annual Report on residential mental health care facili- Active Duty Personnel reports that 23 per- reporting requirement. ties of the Veterans Health Administration cent of members of the Armed Forces on ac- The Compromise Agreement includes the (sec. 106) tive duty acknowledge a significant problem listing of substance use disorder services in- The Senate bill contained a provision (sec. with alcohol use, with similar rates of ac- cluded in both the Senate and House bills, 305) that would require the Secretary of Vet- knowledged problems with alcohol use and follows the Senate bill with respect to erans Affairs, acting through the Office of among members of the National Guard. the locations of where services would be pro- Mental Health Services of the Department of (2) The effects of substance abuse are wide vided. The Compromise Agreement follows Veterans Affairs, not later than six months ranging, including significantly increased the House bill with respect to ensuring the after the date of the enactment of this Act, risk of suicide, exacerbation of mental and equitable distribution of resources for sub- conduct a review of all residential mental physical health disorders, breakdown of fam- stance abuse services but does not include health care facilities, including domiciliary ily support, and increased risk of unemploy- the annual reporting requirement. facilities, of the Veterans Health Adminis- ment and homelessness. Care for veterans with mental health and sub- tration; and not later than two years after (3) While veterans suffering from mental stance use disorders (sec. 104) the date of the completion of the first review health conditions, chronic physical illness, conduct a follow-up review of such facilities The Senate bill contained a provision (sec. and polytrauma may be at increased risk for to evaluate any improvements made or prob- 303) that would ensure that if the Secretary development of a substance use disorder, lems remaining since the first review was of Veterans Affairs provides a veteran inpa- treatment for these veterans is complicated completed. Not later than 90 days after the tient or outpatient care for a substance use by the need to address adequately the phys- completion of the first review, the Secretary disorder and a comorbid mental health dis- ical and mental symptoms associated with would be required to submit to the Com- order, that the treatment for such disorders these conditions through appropriate med- mittee on Veterans’ Affairs of the Senate be provided concurrently: (1) through a serv- ical intervention. and the Committee on Veterans’ Affairs of ice provided by a clinician or health profes- (4) While the Veterans Health Administra- the House of Representatives a report on tion has dramatically increased health serv- sional who has training and expertise in such review. ices for veterans from 1996 through 2006, the treatment of substance use disorders and The House bill (sec. 5) contained a similar number of veterans receiving specialized sub- mental health disorders; (2) by separate sub- provision, except there was no provision for stance abuse treatment services decreased 18 stance use disorder and mental health dis- a two-year follow-up review, and the six percent during that time. No comparable de- order treatment services when there is ap- month review would be carried out by the Of- crease in the national rate of substance propriate coordination, collaboration, and fice of the Medical Inspector. abuse has been observed during that time. care management between such treatment The Compromise Agreement includes the (5) While some facilities of the Veterans services; or (3) by a team of clinicians with Senate provision which specifies the two- Health Administration provide exemplary appropriate expertise. year follow-up review, but would have the In- substance use disorder treatment services, The House bill contained no similar provi- spector General carry out the reviews. the availability of such treatment services sion. Pilot program on peer outreach and support for throughout the health care system of the The Compromise Agreement contains the veterans and use of community mental Veterans Health Administration is incon- Senate provision. health centers and Indian Health Service sistent. Pilot program for Internet-based substance use facilities (sec. 107) (6) According to the Government Account- disorder treatment for veterans of Operation The Senate bill contained a provision (sec. ability Office, the Department of Veterans Iraqi Freedom and Operation Enduring 401) that would require the Secretary of Vet- Affairs significantly reduced its substance Freedom (sec. 105) erans Affairs to carry out a pilot program to use disorder treatment and rehabilitation The House bill contained a provision (sec. assess the feasibility and advisability of pro- services between 1996 and 2006, and has made 4) that would express the sense of the Con- viding the following to veterans of OIF/OEF little progress since in restoring these serv- gress that: in at least two Veterans Integrated Service ices to their pre–1996 levels. (1) Stigma associated with seeking treat- Networks: (1) peer outreach services; (2) peer The House bill contained no similar provi- ment for mental health disorders has been support services provided by licensed pro- sion. demonstrated to prevent some veterans from viders of peer support services or veterans The Compromise Agreement contains the seeking such treatment at a medical facility who have personal experience with mental Senate provision but modifies finding (6) to operated by the Department of Defense or illness; (3) readjustment counseling services; include the year of the Government Account- the Department of Veterans Affairs. and other mental health services. Services ability report and cites the National Mental (2) There is a significant incidence among would be provided through community men- Health Program Monitoring System report. veterans of post-deployment mental health tal health centers or other entities under Expansion of substance use disorder treatment problems, especially among members of a re- contracts or other agreements and through services provided by the Department of Vet- serve component who return as veterans to the Indian Health Service pursuant to a erans Affairs (sec. 103) civilian life. memorandum of understanding entered into The Senate bill contained a provision (sec. (3) Computer-based self-guided training has by the Secretary of Veterans Affairs and the 302) that would require that the Secretary of been demonstrated to be an effective strat- Secretary of Health and Human Services. Veterans Affairs ensure the provision of egy for supplementing the care of psycho- Section 6 of H.R. 2874 required the Sec- services and treatment to each veteran en- logical conditions. retary to carry out a program to provide rolled in the health care system of the De- (4) Younger veterans, especially those who peer outreach services, peer support services, partment who is in need of services and served in Operation Enduring Freedom or and readjustment and mental health services treatments for a substance use disorder, and Operation Iraqi Freedom, are comfortable to covered veterans. This provision was not a the bill included a specific list of services. with and proficient at computer-based tech- pilot program and did not provide for the The Senate bill would also authorize that nology. means to collaborate with the Indian Health the services and treatments may be provided (5) Veterans living in rural areas find ac- Service. The Compromise Agreement contains the to a veteran: (1) at Department of Veterans cess to treatment for substance use disorder Senate provision with an amendment that Affairs medical centers or clinics; (2) by re- limited. would authorize at least three pilot sites. ferral to other facilities of the Department (6) Self-assessment and treatment options that are accessible to such veteran; or (3) by for substance use disorders through an Inter- TITLE II—MENTAL HEALTH RESEARCH contract or fee-for-service payments with net website may reduce stigma and provides Research program on comorbid post-traumatic community-based organizations for the pro- additional access for individuals seeking stress disorder and substance use disorders vision of such services and treatments. care and treatment for such disorders. (sec. 201) The House bill contained a similar provi- This provision would also require the Sec- The Senate bill contained a provision (sec. sion (sec. 2) that would require the Secretary retary of Veterans Affairs to carry out a 501) that would require the Secretary of Vet- to provide a full continuum of care for sub- pilot program to test the feasibility and ad- erans Affairs to carry out a program of re- stance use disorders to veterans in need of visability of providing veterans who seek search into comorbid post-traumatic stress such care and included a specific list of serv- treatment for substance use disorders access disorder (PTSD) and substance use disorder. ices, including three services not included in to a computer-based self-assessment, edu- This research program shall be carried out the Senate bill: marital and family coun- cation, and specified treatment program by the National Center for Posttraumatic seling, screening for substance use disorders, through a secure Internet website operated Stress Disorder. In carrying out the pro- and coordination with groups providing peer by the Secretary. gram, the Center shall: (1) develop protocols

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00158 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22673 and goals with respect to research under the bursement program to the amount in effect cellence at each of the 5 centers designated program; and (2) coordinate research, data prior to the Secretary’s February 1, 2008, de- under section 7327 of title 38 (Centers for re- collection, and data dissemination under the cision on beneficiary travel. search, education, and clinical activities on program. The House bill contained no similar provi- complex multi-trauma associated with com- The House bill contained no similar provi- sion. bat injuries). sion. The Compromise Agreement contains the The Compromise Agreement specifies that The Compromise Agreement contains the Senate provision. Secretary shall designate at least four but Senate provision. Mandatory reimbursement of veterans receiving not more than six Department health care Extension of authorization for Special Com- emergency treatment in non-department of facilities as locations for epilepsy centers of mittee on Post-Traumatic Stress Disorder veterans affairs facilities until transfer to excellence. Not less than two of these cen- (sec. 202) department facilities (sec. 402) ters shall be collocated with centers des- The Senate bill contained a provision (sec. The Senate bill contained a provision that ignated under 7327 of title 38. 502) that would modify section 110(e)(2) of the would amend section 1725 of title 38 in sub- Establishment of qualifications for peer spe- Veterans’ Health Care Act of 1984, P.L. 98– sections (a)(1) and (f)(1). Subsection (a)(1) cialist appointees (sec. 405) would be amended by replacing ‘‘may reim- 528, to extend the reporting requirement for The Senate bill contained a provision (sec. burse’’ with ‘‘shall reimburse.’’ This change the Special Committee on Post-Traumatic 104) that would amend section 7402(b) of title would make reimbursement for emergency Stress Disorder. Currently, the reporting re- 38 so as to define qualifications for peer spe- care received at non-VA facilities mandatory quirement is set to expire in 2008; this provi- cialist positions employed by the Veterans for eligible veterans, rather than at the dis- sion would extend it through 2012. Health Administration. Specifically, in order cretion of the Secretary. Subsection (f)(1) Section 209 of H.R. 6832 contained an iden- to be eligible to be appointed to a peer spe- tical provision. would be amended to provide greater speci- ficity regarding the termination of VA’s ob- cialist position, a person must be a veteran The Compromise Agreement contains the who has recovered or is recovering from a provision. ligation to reimburse. The Senate bill would also amend section 1728 of title 38 so as to mental health condition; and be certified by TITLE III—ASSISTANCE FOR FAMILIES OF make that section, which relates to reim- a not-for-profit entity engaged in peer spe- VETERANS bursement for the emergency treatment of cialist training by having met such criteria Clarification of authority of Secretary of Vet- service-connected conditions, consistent as the Secretary shall establish for a peer erans Affairs to provide mental health serv- with section 1725, as amended. Thus, reim- specialist position; or a State by having sat- ices to families of veterans (sec. 301) bursement would also be made mandatory isfied relevant State requirements for a peer specialist position. The Senate bill would The Senate bill contained a provision (sec. under Section 1728. The existing criteria, de- also amend section 7402 of title 38 so as to 601) that would amend section 1701(5)(B) of fining veteran eligibility for reimbursement add a new subsection providing authority for title 38, United States Code, to clarify the for emergency care services, would be car- the Secretary to enter into contracts with authority of the Secretary of Veterans Af- ried over in the revised statutory language. not-for-profit entities to provide peer spe- fairs to provide mental health services to In addition, the Senate bill would further cialist training to veterans and certification families of veterans. amend section 1728 so as to strike the phrase for veterans. Section 3 of H.R. 6445 contained a provision ‘‘care and services’’ in current subsection (b) The House bill contained no similar provi- that would modify section 1782(b) of title 38 of section 1728, and replace that phrase with sion. so as to eliminate the requirement that fam- ‘‘emergency treatment.’’ This proposed The Compromise Agreement contains the ily support services be initiated during the change is designed to promote consistency Senate provision. veteran’s hospitalization and deemed essen- between sections 1725 and 1728. tial to permit the veteran’s discharge. H.R. 3819 contained similar provisions. Establishment of consolidated patient account- The Compromise Agreement follows the The Compromise Agreement contains these ing centers (sec. 406) House bill with respect to the provision provisions. Section 5 of H.R. 6445 contained a provision eliminating the need for services to be initi- Pilot program of enhanced contract care author- that would amend chapter 17 of title 38 to in- ated during a veteran’s hospitalization and ity for health care needs of veterans in sert a new section mandating that not later essential to the veteran’s discharge, but fol- highly rural areas (sec. 403) than 5 years after the date of enactment of lows the Senate bill with respect to the pro- H.R. 1527 (sec. 2) would require the Sec- this bill, the Secretary of Veterans Affairs vision to clarify the authority of the Sec- retary to conduct a pilot program which per- shall establish not more than seven consoli- retary of Veterans Affairs to provide mental mits highly rural veterans who are enrolled dated patient accounting centers for con- health services to families. in the system of patient enrollment estab- ducting industry-modeled regionalized bill- Pilot program on provision of readjustment and lished under section 1705(a) of title 38, and ing and collection activities of the Depart- transition assistance to veterans and their who reside in Veterans Integrated Service ment. families in cooperation with Vet Centers Networks (VISNs) 1, 15, 18, and 19, to elect to The Senate bill contained no comparable (sec. 302) receive covered health services for which provision. The Senate bill contained a provision (sec. such veterans are eligible, through a non-De- The Compromise Agreement contains the 402) that would establish a pilot program to partment health care provider. House provision. The Senate bill contained no similar provi- assess the feasibility and advisability of pro- Repeal of limitation on authority to conduct sion. widespread HIV testing program (sec. 407) viding additional readjustment and transi- The Compromise Agreement follows the tion assistance to veterans and their families House bill, with an amendment that specifies Section 217 of S. 2969 would repeal section in cooperation with Readjustment Coun- that the pilot program will be carried out in 124 of Public Law 100–322, which permits VA seling Centers. The pilot would be similar to 5 VISNs, four of which shall include at least to test a patient for HIV infection only if the family assistance programs previously con- three highly rural counties (as determined veteran receives pre-test counseling and pro- ducted at ten Army facilities around the by the Secretary based upon the most recent vides written informed consent for such test- country. census data), and one of which shall include ing. Eliminating this section from the law The House bill contained no similar provi- one highly rural county. All VISNs selected would bring VA’s statutory HIV testing re- sion. must include an area within the borders of at quirements in line with current guidelines The Compromise Agreement contains the least four states, and not be already partici- issued by the Centers of Disease Control and Senate provision with an amendment to pating in Project HERO. Eligibility for par- Prevention. begin the pilot program no later than 180 ticipation in the pilot program would be lim- Section 6 of H.R. 6445 contained an iden- days after the enactment of the Act. ited to those veterans already enrolled in the tical provision. TITLE IV—HEALTH CARE MATTERS VA health care system at the time of com- The Compromise Agreement contains the Veterans beneficiary travel program (sec. 401) mencement of the program, as well as OIF/ provision. The Senate bill contained a provision (sec. OEF veterans who are eligible for VA health Provision of comprehensive health care by Sec- 101) that would direct the Secretary to reim- care under section 1710(e)(3)(C) of title 38. retary of Veterans Affairs to children of burse qualifying veterans at the rate author- Epilepsy centers of excellence (sec. 404) Vietnam veterans born with spina bifida ized for Government employees under sec- The Senate bill contained a provision (sec. (sec. 408) tion 5707(b) of title 5. The Senate provision 103) that would require that the Secretary, H.R. 5729 would amend section 1803(a) of would also strike a provision that allows the upon the recommendation of the Under Sec- title 38 so as to expand the existing VA Secretary to raise or lower the deductible for retary for Health, to designate not less than Spina Bifida Health Care Program and pro- reimbursements in proportion to a change in six Department health care facilities as loca- vide a comprehensive health benefit to bene- the mileage rate. Finally, the Senate provi- tions for epilepsy centers of excellence. ficiaries. sion would reinstate the amount of the de- H.R. 2818 (sec. 2) would require the Sec- The Senate bill contained no comparable ductible for the beneficiary travel reim- retary to designate an epilepsy center of ex- provision.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00159 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22674 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 The Compromise Agreement contains the Permanent authority for domiciliary services for ment of the medical care facility for the VA House provision. homeless veterans and enhancement of ca- Medical Center at New Orleans, Louisiana. Exemption from copayment requirement for vet- pacity of domiciliary care programs for fe- Section 102 of H.R. 6832 contained the same erans receiving hospice care (sec. 409) male veterans (sec. 603) provisions and the following additional pro- Section 309 of S. 1233 would amend section Section 405 of S. 1233 would amend section visions: $769,200,000 for the replacement of 1710 of title 38 so as to exempt hospice care 2043 of title 38 to make permanent an exist- the VA Medical Center at Denver, Colorado; provided in all settings from the copayment ing authority to expand domiciliary care for $131,800,000 for an outpatient clinic in Lee requirement for VA long-term care. Under homeless women veterans. County, Florida; $136,700,000 to correct pa- current law, only hospice care provided in a Section 8 of H.R. 2874 contained identical tient privacy deficiencies at the VA Medical VA nursing home is exempted from copay- provisions. Center in Gainesville, Florida; $600,400,000 to ment. The Compromise Agreement contains the build a new VA Medical Center in Las Vegas, H.R. 2623 contained a similar provision. provisions. Nevada; $656,800,000 to build a new medical The Compromise Agreement contains the Financial assistance for supportive services for center in Orlando, Florida; and $295,600,000 to provision. very-low income veteran families in perma- consolidate the campuses at the University Drive and H. John Heinz III Divisions in TITLE V—PAIN CARE nent housing (sec. 604) Pittsburgh, Pennsylvania. Section 406 of S. 1233 would amend title 38 Comprehensive policy on pain management (sec. The Compromise Agreement contains the so as to add a new section 2044, relating to 501) House provision with an amendment to pro- supportive services for very low-income vet- The Senate bill contained a provision (sec. vide $568,000,000 for the replacement of the erans and their families occupying perma- 201) that would require the Secretary of Vet- VA Medical Center at Denver, Colorado. erans Affairs to develop and implement a nent housing. Proposed new section 2044 Authorization of fiscal year 2009 major medical comprehensive policy on the management of would direct VA to provide grants to eligible facility leases (sec. 703) pain experienced by veterans enrolled for VA entities to provide and coordinate the provi- health care services no later than October 1, sion of a comprehensive range of supportive Section 703 of S. 2969 would authorize fiscal 2008. services for very low-income veteran fami- year 2009 major medical facility leases as fol- The policy would be required to cover the lies occupying permanent housing, including lows: $4,326,000 for an outpatient clinic in following: the Department-wide management those transitioning from homelessness to Brandon, Florida; $10,300,000 for a commu- of acute and chronic pain experienced by vet- such housing. nity-based outpatient clinic in Colorado erans; the standard of care for pain manage- Those families may be occupying perma- Springs, Colorado; $5,826,000 for an out- ment to be used throughout the Department; nent housing, moving into permanent hous- patient clinic in Eugene, Oregon;. $5,891,000 the consistent application of pain assess- ing within 90 days, or moving from one per- to expand an outpatient clinic Green Bay, ments to be used throughout the Depart- manent residence to another to better suit Wisconsin; $3,731,000 for an outpatient clinic ment; the assurance of prompt and appro- their needs. Entities eligible to receive in Greenville, South Carolina; $2,212,000 for a priate pain care treatment and management grants under this provision are public or pri- community-based outpatient clinic in Mans- by the Department, system-wide, when medi- vate non-profit organizations which have field, Ohio; $6,276,000 for a satellite out- cally necessary; Department programs of re- demonstrated the capacity and experience patient clinic in Mayaguez, Puerto Rico; search related to acute and chronic pain suf- necessary to deliver the services outlined in $5,106,000 for a community-based outpatient fered by veterans, including pain attrib- the proposed new section. Under the provi- clinic in Southeast Phoenix, Mesa, Arizona; utable to central and peripheral nervous sys- sions of the proposed new section 2044, grants $8,636,000 for interim research space in Palo tem damage characteristic of injuries in- would be provided for a wide range of serv- Alto, California; $3,168,000 to expand a com- curred in modern warfare; Department pro- ices, so as to give families a broad set of munity-based outpatient clinic in Savannah, grams of pain care education and training tools to maintain a permanent residence. To Georgia; $2,295,000 for a community-based for health care personnel of the Department; this end, providers could receive grants to outpatient clinic in Northwest Phoenix, Sun and Department programs of patient edu- furnish outreach, case management, assist- City, Arizona; and $8,652,000 for a primary cation for veterans suffering from acute or ance in obtaining and coordinating VA bene- care annex in Tampa, Florida. chronic pain and their families. fits, and assistance in obtaining and coordi- Section 102 of H.R. 6832 included the same Section 4 of H.R. 6445 contained identical nating other public benefits provided by fed- provisions, except that it provided $3,995,000 provisions. eral, state, or local agencies or organiza- for Colorado Springs. The Compromise Agreement contains the tions. The Compromise Agreement includes the provisions, but would require the Secretary Section 9 of H.R. 2874 contained similar Senate provisions. provisions but provided a more expansive list of Veterans Affairs to develop and imple- Authorization of appropriations (sec. 704) ment a comprehensive policy on pain man- of supportive services, and authorized for ap- agement no later than October 1, 2009. propriations a different funding level. Section 704 of S. 2969 would authorize for The Compromise Agreement contains the appropriations: $477,700,000 for the aforemen- TITLE VI—HOMELESS VETERANS MATTERS Senate provision. tioned list of major medical facility projects Increase in authorization of appropriations for TITLE VII—AUTHORIZATION OF MEDICAL FACIL- authorized for fiscal year 2009. $625,000,000 for the Homeless Grant and Per Diem Program the aforementioned list of major medical fa- (sec. 601) ITY PROJECTS AND MAJOR MEDICAL FACILITY LEASES cility construction projects previously au- Section 506 of S. 2969 would amend section thorized; $66,419,000 for the aforementioned Authorization for fiscal year 2009 major medical 2013 of title 38, to increase the authorization list of major facility leases authorized for facility projects (sec. 701) of appropriations for the Homeless Grant and fiscal year 2009. Per Diem Program from $130 million to $200 Section 701 of S. 2969 would authorize: S. 2969 also identified funding sources million. $54,000,000 to construct a facility to replace a which may be used to carry out major med- The House bill contained no comparable seismically unsafe acute psychiatric inpa- ical facility projects authorized for fiscal provision. tient building in Palo Alto, California; year 2009 and for those projects previously The Compromise Agreement contains the $131,800,000 for an outpatient clinic in Lee authorized. Senate provision but changes the authoriza- County, Florida; $225,900,000 to make seismic Section 105 of H.R. 6832 would authorize for tion amount to $150 million. corrections at a VA Medical Center in San appropriations: $345,900,000 for the aforemen- Expansion and extension of authority for pro- Juan, Puerto Rico; and $66,000,000 to con- tioned list of major medical facility projects gram of referral and counseling services for struct a state-of-the-art polytrauma health authorized for fiscal year 2009; $1,694,295,000 at-risk veterans transitioning from certain care and rehabilitation center in San Anto- for the aforementioned list of major medical institutions (sec. 602) nio, Texas. facility construction projects previously au- Section 101 of H.R. 6832 contained the same Section 403 of S. 1233 would amend section thorized; $54,475,000 for the aforementioned provisions, except for Lee County, Florida. 2023 of title 38 so as to extend and expand the list of major facility leases authorized for Instead, H.R. 6832 authorizes the Lee County authority for a program to aid incarcerated fiscal year 2009. project under a different section. veterans in their transition back to civilian The Compromise Agreement includes the The Compromise Agreement contains the life. The program would be extended until House provision, with amendments to pro- House provision. September 30, 2011, and would be expanded vide $1,493,495,000 for major facility construc- from six to twelve sites. Modification of authorization amounts for cer- tion projects previously authorized and Section 7 of H.R. 2874 contained identical tain major medical facility construction $70,019,000 for major facility leases author- provisions. projects previously authorized (sec. 702) ized for fiscal year 2009. The Agreement also The Compromise Agreement contains the Section 702 of S. 2969 would modify pre- includes the provision in S. 2969 on allowable provision, but would extend the program vious authorizations by providing $625,000,000 funding sources to carry out major medical until September 30, 2012. for restoration, new construction, or replace- facility projects.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00160 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22675 Increase in threshold for major medical facility vide permanent authority for the provision 4110(c)(1); 7458(b)(2); 8117(a)(1); 1708(d); 7314(f); leases requiring congressional approval (sec. of hospital care, medical services, and nurs- 7320(j)(2); 7325(i)(2); and 7328(i)(2). It also 705) ing home care to veterans who participated would provide for technical amendments to Section 705 of S. 2969 would increase the in certain chemical and biological testing the table of sections at the beginning of threshold for major medical facility leases conducted by the Department of Defense. chapter 36 and chapter 51, as well as amend requiring Congressional approval from Section 203 of H.R. 6832 contained an iden- section 807(e) of the Veterans Benefits, $600,000 to $1,000,000. tical provision. Health Care, and Information Technology H.R. 6832 contained no comparable provi- The Compromise Agreement contains the Act of 2006 (Public Law 109–461) to replace sion. provision. the phrase ‘‘Medical Care’’ with ‘‘Medical The Compromise Agreement contains the Extension of expiring collections authorities Facilities’’. Senate provision. (sec. 804) S. 2969 contained no comparable provision. Conveyance of certain non-Federal land by city S. 2969 contained no comparable provision. The Compromise Agreement contains the of Aurora, Colorado, to Secretary of Vet- Section 204 of H.R. 6832 would extend the House provision. erans Affairs for construction of veterans expiring collections authorities for the fol- Mr. BURR. Mr. President, I rise medical facility (sec. 706) lowing: a) amend section 1710(f)(2)(B) of title today to speak briefly on legislation Section 706 of S. 2969 would allow the city 38 to extend health care copayments from that will make a tremendous difference of Aurora to donate non-Federal land for use September 30, 2008, under current law, to in the lives of those who have served by the Secretary of Veterans Affairs no later September 30, 2010; and b) amend section 1729 our country in uniform. S. 2162, the than 60 days after the enactment of this sec- (a)(2)(E) of title 38 to extend the medical tion. care cost recovery from October 1, 2008, to Veterans’ Mental Health and Other H.R. 6832 contained no comparable provi- October 1, 2010. Care Improvements Act of 2008, reflects sion. The Compromise Agreement contains the a compromise reached between the The Compromise Agreement contains the House provision. House and Senate on critical health Senate provision. Extension of nursing home care (sec. 805) care legislation. It is comprised of over Report on facilities administration (sec. 707) Section 202 of S. 2969 would amend 1710A(d) 40 provisions, authored by both my Section 106 of H.R. 6832 would require the of title 38 to provide nursing home care to House and Senate colleagues. The bill Secretary of Veterans Affairs to submit a re- veterans with service-connected disability, passed the House on Wednesday night port on facilities administration no later which expires on December 31, 2008, to De- than 60 days after the date of the enactment and is now pending before the Senate cember 31, 2013. awaiting final passage to be sent to the of this section. Section 205 of H.R. 6832 contained an iden- S. 2969 contained no comparable provision. President. The Compromise Agreement includes the tical provision. S. 2162 includes needed improvements House provision. The Compromise Agreement contains the provision. to health care services provided to vet- Annual report on outpatient clinics (sec. 708) Permanent authority to establish research cor- erans who suffer from both mental ill- Section 107 of H.R. 6832 would require an porations (sec. 806) ness and substance use disorder. It en- annual report on outpatient report no later Section 607 of S. 2969 would strike section sures that veterans seeking treatment than the date on which the budget for the for both conditions will receive qual- next fiscal year is submitted to the Congress 7368 of title 38 to provide permanent author- under section 1105 of title 31. ity to establish research corporations. ity, coordinated treatment. It would S. 2969 contained no comparable provision. Section 207 of H.R. 6832 contained an iden- expand the availability of treatment The Compromise Agreement includes the tical provision. the Department of Veterans Affairs, House provision. The Compromise Agreement contains the VA, offers for substance abuse, includ- Name of Department of Veterans Affairs spinal provision. ing detoxification and stabilization cord injury center, Tampa, Florida (sec. 709) Extension of requirement to submit annual re- services. It will strengthen VA’s reim- H.R. 4264 would name the VA spinal cord port on the committee on care of severely bursement of community hospitals for chronically mentally ill veterans (sec. 807) injury center in Tampa, Florida, ‘‘Michael emergency care that they provide to Bilirakis Department of Veterans Affairs Section 210 of H.R. 6832 would amend sec- enrolled veterans; direct VA to develop Spinal Cord Injury Center.’’ tion 7321(d)(2) of title 38 to extend the re- S. 2969 contained no comparable provision. quirement to submit an annual report on the a comprehensive policy on the manage- The Compromise Agreement includes the committee on care of severely chronically ment of pain experienced by veterans; House provision. mentally ill veterans through 2012. direct the establishment of epilepsy TITLE VIII—EXTENSION OF CERTAIN S. 2969 contained no comparable provision. centers of excellence; and make it easi- AUTHORITIES The Compromise Agreement contains the er for veterans with HIV/AIDS to be di- Repeal of sunset on inclusion of non-institu- House provision. agnosed and treated. tional extended care services in definition of Permanent requirement for biannual report on Let me spend a few minutes dis- medical services (sec. 801) women’s advisory committee (sec. 808) cussing a few key provisions that I am Section 201 of S. 2969 would amend section Section 211 of H.R. 6832 would amend sec- particularly proud to support. First, 1701 of title 38 to repeal the December 31, tion 542(c)(1) of title 38 to provide for a per- legislation I authored is included in 2008, sunset on the inclusion of non-institu- manent requirement for a biannual report by tional extended care services in the defini- this bill that would authorize VA to the women’s advisory committee on the make grants to private and public tion of medical services. needs of women veterans including com- Sec. 201 of H.R. 6832 contained an identical pensation, health care, rehabilitation, out- groups so that they may provide sup- provision. reach, and other benefits and programs ad- portive services to keep low-income The Compromise Agreement contains the ministered by the VA. veterans, who are at risk of becoming provision. S. 2969 contained no comparable provision. homeless, in permanent housing. We Extension of recovery audit authority (sec. 802) The Compromise Agreement contains the have all heard the old saying that ‘‘an Section 202 of S. 2969 would amend section House provision. ounce of prevention is worth a pound of 1703(d)(4) of title 38 to extend the recovery Extension of pilot program on improvement of cure.’’ This legislation will help those audit authority for fee-basis contracts and caregiver assistance services (sec. 809) other medical services contracts in non-VA on the verge of becoming homeless by Section 222 of S. 2969 would extend the facilities from September 30, 2008, to Sep- getting them help from the commu- pilot program on improvement of caregiver tember 30, 2013. nity. It is much easier to prevent Sec. 202 of H.R. 6832 contained an identical assistance services for a three-year period homelessness than it is to bring some- provision. through fiscal year 2009. H.R. 6832 contained no comparable provi- one out of it. The supportive services The Compromise Agreement contains the that will be provided under the legisla- provision. sion. The Compromise Agreement includes the tion include greater access to housing Permanent authority for provision of hospital Senate provision. assistance, physical and mental health care, medical services, and nursing home care to veterans who participated in certain TITLE IX—OTHER MATTERS services, health insurance, and voca- chemical and biological testing conducted Technical amendments (sec. 901) tional and financial counseling. North by the Department of Defense (sec. 803) Section 303 of H.R. 6832 would provide for Carolina is home to over 770,000 vet- Section 203 of S. 2969 would amend sub- technical amendments for the following sec- erans, and the VA estimates that over section (e)(3) of section 1710 of title 38 to pro- tions of title 38: 1712A; 2065(b)(3)(C); 40,000 North Carolina veterans live in

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00161 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22676 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 poverty. We must do all we can to en- staff members of the Veterans’ Com- women have been diagnosed with sure that the men and women who’ve mittees who worked on this bill, as breast cancer and almost 300,000 have served our Nation in the military do well as the hard-working staff of the died. One of these women, a lifelong not suffer the indignity of going to bed Senate and House Legislative Counsel’s Nevadan named Deanna Jensen, cham- at night without a roof over their office who performed the technical pioned this legislation and stayed in heads. drafting. regular contact with my staff, even Second, to help service-disabled vet- This is a good bill. I am proud of the while enduring a grueling regimen of erans cope with the high cost of gaso- work the House and Senate have done radiation and chemotherapy. Sadly, line, S. 2162 would codify VA’s new on it. And I ask my colleagues for their Deanna Jensen lost her battle with travel reimbursement rate for veterans support. cancer on January 7, 2007. Last session, I had hoped that this who drive to their medical appoint- f ments at VA, and would index that rate legislation would finally become a re- so that future increases are automatic. BREAST CANCER AND ENVIRON- ality. It was reported out of the Senate The rate was increased in January MENTAL RESEARCH ACT OF 2007 HELP Committee, and despite over- from 11 cents to 28.5 cents a mile by VA Ms. LANDRIEU. Mr. President, I ask whelming bipartisan support for this Secretary James Peake. In addition, unanimous consent the Senate proceed legislation, the Republican majority this bill will reverse the increase in the to the immediate consideration of H.R. would not schedule floor time to con- deductible that was made in January. 1157, which was received from the sider this bill. On several occasions, I Third, the legislation directs a 3-year House. tried to pass this legislation by unani- pilot program on the provision of con- The PRESIDING OFFICER. The mous consent, but with every attempt, tract care to veterans residing in high- clerk will report the bill by title. one Senator objected and prevented the ly rural areas where no VA facilities The assistant legislative clerk read Senate from passing this important exist. It makes no sense for veterans in as follows: legislation. rural areas to travel hundreds of miles This year, thanks to Senate Health, A bill (H.R. 1157) to amend the Public Education, Labor and Pensions— for their care when they could easily Health Service Act to authorize the Director seek care at their own local commu- of the National Institute of Environmental HELP—Committee Chairman KEN- nity health care facilities. Not only Health Sciences to make grants for the de- NEDY’s leadership and that of Senators will they be more likely to seek needed velopment and operation of research centers CLINTON and HATCH, the Senate HELP preventive care, they’ll also avoid the regarding environmental factors that may be Committee reported this bill favorably. high cost of gas to get to a VA appoint- related to the etiology of breast cancer. However, the minority continued to ob- ment. I am pleased about the potential There being no objection, the Senate ject to our efforts to pass this legisla- for this pilot program and look forward proceeded to consider the bill. tion by unanimous consent. On more to it being tested in rural States like Ms. LANDRIEU. I ask unanimous than one occasion, I proposed that we North Carolina. consent the bill be read three times consider this legislation under a time And fourth, I am pleased the legisla- and passed, the motion to reconsider be agreement that would have permitted a tion includes an expansion of a concept laid upon the table, with no inter- reasonable number of germane amend- that was tested and that proved suc- vening action or debate, and any state- ments and a recorded vote on the bill. cessful at the Asheville VA Medical ments be printed in the RECORD. Those offers were also rejected, in spite Center. The concept was to consolidate The PRESIDING OFFICER. Without of the fact that over two-thirds of the VA’s capability to bill and collect from objection, it is so ordered. members of the Senate were cosponsors private insurance companies into one The bill (H.R. 1157) was ordered to a of this bill. Over the past several months, this site rather than retain that capability third reading, was read the third time, legislation has been the focus of nego- at multiple sites. The employees at the and passed. tiations between the bill sponsors in Asheville VA Consolidated Patient Ac- Mr. REID. Mr. President, I am both chambers and those members counting Center have cultivated their pleased that both chambers of Congress whose strong concerns have prevented expertise, and I am pleased to say that passed the Breast Cancer and Environ- this legislation from advancing for so the pilot has been a success, generating mental Research Act this week. Every year, hundreds of thousands of long. The resulting compromise is a millions of dollars in additional rev- strong step in the right direction and enue. The legislation would expand on women in this country receive the di- agnosis of breast cancer. Breast cancer will finally set us on the path towards that concept by directing VA to open obtaining a better understanding of the seven other centers around the country will strike approximately 1 in 8 Amer- ican women in her lifetime, with a new relationship between the development within the next 5 years. I am excited at of breast cancer and the environment. I the prospect of enhancing VA’s revenue case diagnosed every 2 minutes. We have made remarkable progress am pleased that we were able to pass collection so that additional dollars this legislation this week and hope the can be invested in the health care de- in the area of breast cancer, but we still do not know what causes breast President will sign it into law without livery of our veterans. further delay. These are just a few of the good pro- cancer. Scientists have identified some visions of this legislation. For my col- risk factors, but those factors help ex- f leagues interested in a fuller account- plain fewer than 30 percent of cases. COMPREHENSIVE TUBERCULOSIS ing of the bill’s provisions I would refer The Breast Cancer and Environ- ELIMINATION ACT OF 2007 them to the Joint Explanatory State- mental Research Act would help to es- Ms. LANDRIEU. Mr. President, I ask ment that will be made part of the tablish a national strategy to study unanimous consent the Senate proceed RECORD. the potential links between the envi- to the immediate consideration of H.R. Before I conclude, I would like to per- ronment and breast cancer and would 1532, which was received from the sonally thank the chairman of the Sen- authorize funding for such research. House. ate Committee on Veterans’ Affairs, The resulting discoveries could be crit- The PRESIDING OFFICER. The Senator AKAKA, for his cooperation ical to improving our knowledge of this clerk will report the bill by title. with me on this bill. The chairman has complex illness, which could lead to The assistant legislative clerk read no equal when it comes to handling ne- new treatments and perhaps, one day, a as follows: gotiations with integrity and fairness. cure. A bill (H.R. 1532) to amend the Public I would also like to thank the chair- Too many women have wanted too Health Service Act with respect to making man of the House Committee on Vet- long for this legislation to become law. progress toward the goal of eliminating tu- erans’ Affairs, Chairman BOB FILNER, Since former Senator Lincoln Chafee berculosis, and for other purposes. and ranking member STEVE BUYER. Fi- and I first introduced legislation in There being no objection, the Senate nally, I would like to thank all of the 2000, it is estimated that 2 million proceeded to consider the bill.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00162 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22677 Ms. LANDRIEU. I ask unanimous The clerk will report the resolution amendment to H.R. 2095, and I send a consent the bill be read three times by title. cloture motion to the desk. and passed, the motion to reconsider be The assistant legislative clerk read The PRESIDING OFFICER. The clo- laid upon the table, with no inter- as follows: ture motion having been presented vening action or debate, and any state- A resolution (S. Res. 660) condemning on- under rule XXII, the Chair directs the ment related to the bill be printed in going sales of arms to belligerents in Sudan, clerk to read the motion. the RECORD. including the Government of Sudan, and The assistant legislative clerk read The PRESIDING OFFICER. Without calling for both a cessation of such sales and as follows: an expansion of the United Nations embargo objection, it is so ordered. CLOTURE MOTION on arms sales to Sudan. The bill (H.R. 1532) was ordered to a There being no objection, the Senate We, the undersigned Senators, in accord- third reading, was read the third time, ance with the provisions of rule XXII of the and passed. proceeded to consider the resolution. Standing Rules of the Senate, hereby move Ms. LANDRIEU. I ask unanimous to bring to a close debate on the motion to f consent that the resolution be agreed concur in the House amendment to the Sen- TO MAKE A TECHNICAL CORREC- to, the amendment which is at the desk ate amendment to H.R. 2095, the Federal TION IN THE NET 911 IMPROVE- be agreed to, the preamble be agreed Railroad Safety Improvement Act. MENT ACT OF 2008 to, the motion to reconsider be laid Richard Durbin, Hillary Rodham Clinton, upon the table, and that any state- Kay Bailey Hutchison, John Warner, Ms. LANDRIEU. I ask unanimous Gordon H. Smith, Olympia J. Snowe, consent the Senate proceed to the im- ments be printed in the RECORD. The PRESIDING OFFICER. Without Jim Webb, Jon Tester, Barbara Boxer, mediate consideration of H.R. 6946, Dianne Feinstein, Frank R. Lauten- objection, it is so ordered. which was received from the House. berg, Charles E. Schumer, Thomas R. The amendment (No. 5675) was agreed The PRESIDING OFFICER. The Carper, John D. Rockefeller, IV, Ben- to, as follows: clerk will report the bill by title. jamin L. Cardin, Byron L. Dorgan, The assistant legislative clerk read (Purpose: To improve the resolution) Patty Murray, Daniel K. Inouye. as follows: Strike paragraphs (3) through (5) of the re- AMENDMENT NO. 5677 solving clause and insert the following: A bill (H.R. 6946) to make a technical cor- Mr. REID. I now move to concur in (3) in light of the well-documented exist- the House amendment to the Senate rection in the NET 911 Improvement Act of ence of arms in Darfur that were transferred 2008. from China and Russia and the insistence of amendment to H.R. 2095 with an There being no objection, the Senate the Government of Sudan that it will not amendment which is at the desk. proceeded to consider the bill. abide by the embargo, all United Nations The PRESIDING OFFICER. The Ms. LANDRIEU. I ask unanimous member states should immediately cease all clerk will report. consent the bill be read three times arms sales to the Government of Sudan; and The assistant legislative clerk read (4) the United States Permanent Rep- and passed, the motion to reconsider be as follows: resentative to the United Nations should use The Senator from Nevada [Mr. REID] moves laid on the table, with no intervening the voice and vote of the United States in action or debate, and any statements to concur in the House amendment to the the United Nations Security Council to seek Senate amendment to the House amendment be printed in the RECORD. an appropriate expansion of the arms embar- with an amendment numbered 5677. The PRESIDING OFFICER. Without go imposed by Security Council Resolutions objection, it is so ordered. 1556 and 1591. Mr. REID. I ask unanimous consent The bill (H.R. 6946) was ordered to a The resolution (S. Res. 660), as that the reading of the amendment be third reading, was read the third time, amended, was agreed to. dispensed with. The PRESIDING OFFICER. Without and passed. The preamble was agreed to. objection, it is so ordered. f The resolution, as amended, with its preamble, reads as follows: The amendment is as follows: MEASURE READ THE FIRST (The resolution will be printed in a In the amendment, strike ‘‘2’’ and insert TIME—S. 3646 future edition of the RECORD). ‘‘1’’. Ms. LANDRIEU. Mr. President, I un- Mr. REID. Mr. President, I would ask Mr. REID. I ask for the yeas and derstand there is a bill at the desk. I my distinguished friend from Lou- nays. ask for its first reading. isiana, the senior Senator from Lou- The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The isiana, to allow me to conduct some sufficient second? clerk will report the bill by title for business. It will take a couple of min- There appears to be a sufficient sec- the first time. utes. ond. The assistant legislative clerk read The PRESIDING OFFICER. Without The yeas and nays were ordered. as follows: objection, it is so ordered. AMENDMENT NO. 5678 TO AMENDMENT NO. 5677 A bill (S. 3646) to authorize and expedite f Mr. REID. I have a second-degree lease sales within the Outer Continental FEDERAL RAILROAD SAFETY amendment at the desk. Shelf, and for other purposes. IMPROVEMENT ACT OF 2007 The PRESIDING OFFICER. The Ms. LANDRIEU. I now ask for a sec- clerk will report. Mr. REID. I ask the Chair to lay be- ond reading. In order to place the bill The Senator from Nevada [Mr. REID] pro- fore the Senate a message from the on the calendar under the provisions of poses an amendment numbered 5678 to House with respect to H.R. 2095, the rule XIV, I object to my own request. amendment No. 5677. Federal Railroad Safety Improvement The PRESIDING OFFICER. Objec- Mr. REID. I ask unanimous consent Act. that the reading of the amendment be tion is heard. The bill will be read for The Presiding Officer laid before the dispensed with. the second time on the next legislative Senate the following message: day. The PRESIDING OFFICER. Without Resolved, That the House agree to the objection, it is so ordered. f amendment of the Senate to the bill, H.R. The amendment is as follows: SUDAN ARMS SALES 2095, an Act to amend title 49, United States Code, to prevent railroad fatalities, injuries, At the end, insert the following: Ms. LANDRIEU. I ask unanimous and hazardous materials releases, to author- The provisions of this Act shall become ef- consent that the Foreign Relations ize the Federal Railroad Safety Administra- fective in 2 days after enactment. Committee be discharged from further tion, and for other purposes, do pass with a Mr. REID. I ask unanimous consent consideration of S. Res. 660 and the House amendment to the Senate amend- that there be no motions to refer in Senate then proceed to its immediate ment. order during the pendency of this mes- consideration. CLOTURE MOTION sage. The PRESIDING OFFICER. Without Mr. REID. I move to concur in the The PRESIDING OFFICER. Without objection, it is so ordered. House amendment to the Senate objection, it is so ordered.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00163 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22678 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 September 27, 2008 Mr. REID. Mr. President, I now ask CONFLICT BETWEEN RUSSIA AND S. RES. 691 unanimous consent that the cloture GEORGIA Whereas Thanksgiving Day celebrates the vote occur at 12:30 p.m. Monday, Sep- The resolution (S. Res. 690) express- spirit of selfless giving and an appreciation tember 29, and that the mandatory for family and friends; ing the sense of the Senate concerning Whereas the spirit of Thanksgiving Day is quorum be waived. the conflict between Russia and Geor- The PRESIDING OFFICER. Without a virtue upon which the Nation was founded; gia, was agreed to, as follows: Whereas, according to the Department of objection, it is so ordered. S. RES. 690 Agriculture, roughly 35,000,000 people in the Mr. REID. I suggest the absence of a United States, including 12,000,000 children, quorum. That it is the sense of the Senate that— (1) irrespective of the origins of the recent continue to live in households that do not The PRESIDING OFFICER. The conflict in Georgia, the disproportionate have an adequate supply of food; and clerk will call the roll. military response by the Russian Federation Whereas selfless sacrifice breeds a genuine The assistant legislative clerk pro- on the sovereign, internationally recognized spirit of thanksgiving, both affirming and re- ceeded to call the roll. territory of Georgia, including the South storing fundamental principles in our soci- Ms. LANDRIEU. I ask unanimous Ossetian Autonomous Region (referred to in ety: Now, therefore, be it That the Senate— this resolution as ‘‘South Ossetia’’) and the Resolved, consent that the order for the quorum (1) designates Thursday, November 20, 2008, Autonomous Republic of Abkhazia (referred call be rescinded. as ‘‘Feed America Day’’; and to in this resolution as ‘‘Abkhazia’’), is in The PRESIDING OFFICER (Mr. (2) encourages the people of the United violation of international law and commit- ASEY States to sacrifice 2 meals on Feed America C ). Without objection, it is so or- ments of the Russian Federation; Day and to donate the money that they dered. (2) the actions undertaken by the Govern- would have spent on food to a religious or f ment of the Russian Federation in Georgia charitable organization of their choice for have diminished its standing in the inter- NATIONAL DYSPHAGIA the purpose of feeding the hungry. national community and should lead to a re- AWARENESS MONTH view of existing, developing, and proposed f Ms. LANDRIEU. Mr. President, I ask multilateral and bilateral arrangements; NATIONAL VETERANS AWARENESS unanimous consent that the HELP (3) the United States recognizes significant WEEK Committee be discharged from further interests in common with the Russian Fed- The resolution (S. Res. 692) desig- consideration of H. Con. Res. 195, and eration, including combating the prolifera- tion of nuclear weapons and fighting ter- nating the week of November 9 through the Senate proceed to its immediate rorism, and these interests can, over time, November 15, 2008, as ‘‘National Vet- consideration. serve as the basis for improved long-term re- erans Awareness Week’’ to emphasize The PRESIDING OFFICER. Without lations; the need to develop educational pro- objection, it is so ordered. (4) the Government of the Russian Federa- grams regarding the contributions of The clerk will report the concurrent tion should immediately comply with the veterans to the country was agreed to. resolution by title. September 8, 2008, follow-on agreement to the 6-point cease-fire agreement negotiated The preamble was agreed to. The assistant legislative clerk read The resolution, with its preamble, as follows: on August 12, 2008; (5) the Government of the Russian Federa- reads as follows: A concurrent resolution (H. Con. Res. 195) tion and the Government of Georgia should— S. RES. 692 expressing the sense of the Congress that a (A) refrain from the future use of force to Whereas tens of millions of Americans National Dysphagia Awareness Month should resolve the status of Abkhazia and South be established. have served in the Armed Forces of the Ossetia; and United States during the past century; There being no objection, the Senate (B) work with the United States, Europe, Whereas hundreds of thousands of Ameri- proceeded to consider the concurrent and other concerned countries and through cans have given their lives while serving in resolution. the United Nations Security Council, the Or- the Armed Forces during the past century; Ms. LANDRIEU. I ask unanimous ganization for Security and Cooperation in Whereas the contributions and sacrifices of Europe, and other international fora to iden- consent that the concurrent resolution the men and women who served in the Armed tify a political settlement that addresses the Forces have been vital in maintaining the be agreed to; the preamble be agreed short-term and long-term status of Abkhazia to; the motion to reconsider be laid freedoms and way of life enjoyed by the peo- and South Ossetia, in accordance with prior ple of the United States; upon the table; and any statements re- United Nations Security Council resolutions; Whereas the advent of the all-volunteer lating to this measure be printed in the (6) the United States should— Armed Forces has resulted in a sharp decline RECORD. (A) provide humanitarian and economic as- in the number of individuals and families The PRESIDING OFFICER. Without sistance to Georgia; who have had any personal connection with objection, it is so ordered. (B) seek to improve commercial relations the Armed Forces; with Georgia; and The concurrent resolution (H. Con. Whereas this reduction in familiarity with (C) working in tandem with the inter- the Armed Forces has resulted in a marked Res. 195) was agreed to. national community, continue to support The preamble was agreed to. decrease in the awareness by young people of the development of a strong, vibrant, the nature and importance of the accom- f multiparty democracy in Georgia; plishments of those who have served in the (7) the President should consult with Con- Armed Forces, despite the current edu- UNANIMOUS CONSENT AGREE- gress on future security cooperation and as- MENT—SENATE RESOLUTIONS cational efforts of the Department of Vet- sistance to Georgia, as appropriate; erans Affairs and the veterans service orga- Ms. LANDRIEU. I ask unanimous (8) the United States continues to support nizations; consent that the Senate now proceed to the North Atlantic Treaty Organization dec- Whereas the system of civilian control of laration reached at the Bucharest Summit en bloc consideration of the following the Armed Forces makes it essential that on April 3, 2008; and the future leaders of the Nation understand Senate resolutions which were sub- (9) the United States should work with the mitted earlier today: S. Res. 690, S. the history of military action and the con- European Union, Georgia, and its neighbors tributions and sacrifices of those who con- Res. 691, S. Res. 692, S. Res. 693, and S. to ensure the free flow of energy to Europe duct such actions; and Res. 694. and the operation of key communication and Whereas in each of the years 2000 through I ask unanimous consent that the trade routes. 2007 the Senate has recognized the need to resolutions be agreed to; the pre- f increase the understanding of the contribu- ambles, where applicable, be agreed to; tions of veterans among school-aged children and the motions to reconsider be laid FEED AMERICA DAY by approving a resolution recognizing the upon the table en bloc. The resolution (S. Res. 691) desig- week containing Veterans Day as ‘‘National The PRESIDING OFFICER. Without nating Thursday, November 20, 2008, as Veterans Awareness Week’’: Now, therefore, be it objection, it is so ordered. ‘‘Feed America Day,’’ was agreed to. Resolved, That the Senate— There being no objection, the Senate The preamble was agreed to. (1) designates the week of November 9 proceeded to consider the resolutions The resolution, with its preamble, through November 15, 2008, as ‘‘National Vet- en bloc. reads as follows: erans Awareness Week’’ for the purpose of

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United States become an involved, caring ceremonies, programs, and activities. f citizenry with good character; NATIONAL VETERANS AWARENESS WEEK Whereas the character education of chil- ∑ Mr. BIDEN. Mr. President, I rise in NATIONAL HOMELESS YOUTH dren has become more urgent as violence by support of a resolution expressing the AWARENESS MONTH and against youth increasingly threatens the sense of the Senate that the week in- physical and psychological well-being of the The resolution (S. Res. 693) recog- cluding Veterans Day—November 9–15, nizing the month of November 2008 as people of the United States; Whereas more than ever, children need 2008—be designated as ‘‘National Vet- ‘‘National Homeless Youth Awareness strong and constructive guidance from their erans Awareness Week.’’ This marks Month’’ was agreed to. families and their communities, including the ninth year I have introduced such The preamble was agreed to. schools, youth organizations, religious insti- as resolution, which has been adopted The resolution, with its preamble, tutions, and civic groups; unanimously by the Senate on all pre- reads as follows: Whereas the character of a nation is only vious occasions, and has been recog- S. RES. 693 as strong as the character of its individual nized by the President as an important Whereas between 1,600,000 and 2,800,000 citizens; objective. With our military men and children and teens are homeless in the Whereas the public good is advanced when women continuing to be on the front young people are taught the importance of United States each year, with many staying lines in Iraq and Afghanistan, it is no on the streets or in emergency shelters; good character and the positive effects that good character can have in personal relation- doubt appropriate that we recognize Whereas families with children are the and honor the service and sacrifice of fastest growing segment of the homeless pop- ships, in school, and in the workplace; Whereas scholars and educators agree that those who are currently serving to pro- ulation and now make up approximately 1⁄3 of that population; people do not automatically develop good tect our freedom, as well as those who Whereas many homeless youth experience character and that, therefore, conscientious have served in the past. isolation and trauma while residing on the efforts must be made by institutions and in- The idea behind National Veterans streets or in precarious housing situations dividuals that influence youth to help young Awareness Week actually came from a and may eventually develop depression, anx- people develop the essential traits and char- Delaware student, Samuel I. iety, and post-traumatic stress disorder; acteristics that comprise good character; Cashdollar. In 2000, as a 13-year-old sev- Whereas homeless youth are typically too Whereas, although character development is, first and foremost, an obligation of fami- enth grader at Lewes Middle School, poor to secure basic needs and are unable to Samuel won the Delaware VFW’s access adequate medical or mental health lies, the efforts of faith communities, schools, and youth, civic, and human service Youth Essay Contest with a powerful care; presentation titled ‘‘How Should We Whereas many youth become homeless due organizations also play an important role in to a lack of financial and housing resources fostering and promoting good character; honor America’s Veterans?’’ Samuel’s as they exit juvenile corrections and foster Whereas Congress encourages students, essay pointed out that we have Nurses’ care; teachers, parents, youth, and community Week, Secretaries’ Week, and Teach- Whereas 12 to 36 percent of foster youth ex- leaders to recognize the importance of char- ers’ Week to rightly emphasize the im- perience homelessness at least once after acter education in preparing young people to portance of these occupations, but no exiting foster care; play a role in determining the future of the comparable week to encourage, and Whereas homeless youth are most often ex- United States; Whereas effective character education is honor, service in the military. That is pelled from their homes by their guardians why, every year since 2000, I have in- after physical, sexual, or emotional abuse or based on core ethical values, which form the foundation of democratic society; troduced a resolution designating Na- separated from their parents through death tional Veterans Awareness Week to or divorce without adequate resources; and Whereas examples of character are trust- Whereas awareness of the tragedy of youth worthiness, respect, responsibility, fairness, focus on educating our youth on the homelessness and its causes must be height- caring, citizenship, and honesty; contributions, heroism, and service of ened so that greater support for effective Whereas elements of character transcend our veterans. programs involving businesses, families, law cultural, religious, and socioeconomic dif- The reality is, during both World enforcement agencies, schools, and commu- ferences; Wars and the Korean and Vietnam con- nity and faith-based organizations, aimed at Whereas the character and conduct of our flicts, families were more likely to helping youth remain off the streets becomes youth reflect the character and conduct of have a relative serving in the military. society, and, therefore, every adult has the a national priority: Now, therefore, be it That is not the case today; tremendous Resolved, That the Senate— responsibility to teach and model ethical values and every social institution has the advances in military technology, an (1) supports the values and efforts of busi- all-volunteer force, and increases in nesses, organizations, and volunteers dedi- responsibility to promote the development of cated to meeting the needs of homeless chil- good character; productivity have greatly reduced the dren and teens; Whereas Congress encourages individuals number of families with relatives who (2) applauds the initiatives of businesses, and organizations, especially those who have are active servicemembers or recent organizations, and volunteers that employ an interest in the education and training of veteran. Coupled with the fact that the time and resources to build awareness of the the young people of the United States, to number of veterans who served in homeless youth problem, its causes, and po- adopt the elements of character as intrinsic major conflicts like World War II is de- tential solutions, and work to prevent home- to the well-being of individuals, commu- clining, it is more important than ever nities, and society; lessness among children and teens; and that we take the time to make sure (3) should recognize the month of Novem- Whereas many schools in the United States recognize the need, and have taken steps, to students comprehend and appreciate ber 2008 as ‘‘National Homeless Youth the service and sacrifice of our vet- Awareness Month’’ and encourages these integrate the values of their communities businesses, organizations, and volunteers to into their teaching activities; and erans. National Veterans Awareness continue to intensify their efforts during the Whereas the establishment of National Week provides us with an opportunity month of November. Character Counts Week, during which indi- to do just that. Additionally, with sol- viduals, families, schools, youth organiza- f diers returning from the front lines tions, religious institutions, civic groups, with service-connected injuries, Na- NATIONAL CHARACTER COUNTS and other organizations focus on character tional Veterans Awareness Week re- WEEK education, is of great benefit to the United States: Now, therefore, be it minds us how important it is that we The resolution (S. Res. 694) desig- Resolved, That the Senate— keep our promise to veterans by pro- nating the week beginning October 19, (1) designates the week beginning October viding them with the proper support 2008, as ‘‘National Character Counts 19, 2008, as ‘‘National Character Counts and services they need once they re- Week’’ was agreed to. Week’’; and turn home. This promise is the most

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sacred obligation we have, and it is im- tivities Association, to incorporate the In 1994, Senator DOMENICI and I first perative that our children are also goal of teaching the ‘‘Pursuing Victory established the Partnerships in Char- aware of the debt we owe our veterans. with Honor’’ theme to students partici- acter Education Pilot Project and have In closing, let me add that, although pating in sports. I am thrilled that worked regularly since then to com- many of us will not have the oppor- schools and communities in New Mex- memorate National Character Counts tunity to serve our country in uniform, ico saw a marked increase in leader- Week. Character Counts was founded we must not forget our responsibility ship role participation and a change in on a simple notion: Our core ethical as citizens to fulfill the obligations we the school climate: Eugene Field Ele- values aren’t just important to us as owe, both tangible and intangible, to mentary School in Albuquerque, NM, individuals—they form the very foun- those who have served and sacrificed has seen a decrease in discipline refer- dation of democratic society. We know on our behalf. By passing along this rals from five per day to five in the that we in order to face our challenges shared responsibility and recognition school year. All of the organizations as communities and as a Nation, we to future generations, our children, and schools who have been involved, in- need our children to be both well-edu- grandchildren, and great-grandchildren cluding those not mentioned here, are cated and trained—and that begins will continue to appreciate and honor to be commended for their hard work with instilling character in our chil- what our veterans have accomplished in developing these programs and dren. in order to appropriately confront the spreading the message that character Trustworthiness, respect, responsi- many challenges they are sure to en- truly does count. bility, fairness, caring, and citizen- counter.∑ In addition to these numbers, which ship—these are the six pillars of char- NATIONAL CHARACTER COUNTS WEEK show the remarkable affect Character acter. Character education provides Mr. DOMENICI. Mr. President, I rise Counts is having on my home State of students a context within which to in support of a resolution designating New Mexico, there are many individual learn those values and integrate them the week of October 19 through 25 as stories about how New Mexicans are af- into our daily lives. Indeed, if we view the 2008 ‘‘National Character Counts fecting each other’s lives on a day to education simply as the imparting of Week.’’ I would also like to recognize day basis as a result of this program. knowledge to our children, then we not and thank my colleague and good One particularly touching story is that only miss an opportunity, but as also friend, Senator CHRIS DODD, for his of 9-year-old Jacob Thomson, who lives jeopardize our future. Children want di- support of Character Counts and his in Clovis, NM. Jacob has cystic fibro- rection— to be taught right from partnership on numerous legislative sis, and when he missed the big basket- wrong. Young people yearn for con- issues throughout the years. ball game to go to the hospital for sistent adult involvement, and when Our character is the foundation of treatment, the Clovis High School bas- they get it, we know they are less in- who we are as people and how we are ketball team went and visited him in clined to use illegal drugs, to van- perceived by the world. Every day our the hospital, bringing him a basket- dalize, or commit suicide. The Amer- character and ethics are tested through ball, a shirt, and a smile. These ath- ican public wants character education the decisions we make and the behav- letes had been involved with the Char- in our schools, too. Studies show that ior we exhibit. The National Character acter Counts program and displayed approximately 90 percent of Americans Counts program focuses on ‘‘Six Pillars what a powerful impact this program support schools teaching character of Character,’’ which are promoted has had and continues to have. education. through school- and community-based During the week of October 19, I hope Character education programs work. character education programs across everyone takes the time to participate Currently, there are character edu- the country. The six pillars are: trust- in a Character Counts event in their cation programs across all 50 States in worthiness, respect, responsibility, local area. I know in New Mexico we rural, urban and suburban areas at fairness, caring, and citizenship. will be having some special celebra- every grade level. Schools across the I have supported Character Counts tions. On October 17, a Character country that have adopted strong char- throughout the years because I believe Counts Proclamation will be made at acter education programs report better this program reaches out to all youth the Chaves County Court House in student performance, fewer discipline and adults, as the Character Counts Roswell, NM. On October 20, Hagerman problems, and increased student in- Coalition states, no matter the individ- Elementary School in Hagerman, NM volvement within the community. ual’s race, creed, politics, gender, or will be dedicating a Character Counts Support for character education wealth. In my home State of New Mex- Mural. On October 21, a zoo tour and crosses party lines. Indeed, there is no ico, we have run many successful Char- pillar presentation will be held at stronger advocate for character edu- acter Counts programs throughout the Spring River Park for grades 3–5 in cation than my good friend, Senator years. While many schools initiate Roswell, NM. Character Counts programs there are I believe this program is making a PETE DOMENICI. I have had the distinct also many other organizations that de- difference in my home State and across pleasure of working with him to ensure velop character-based programming. the country. I want to encourage more that all our children not only acquire As I prepare to leave the Senate, I people to become involved with the strong math and science skills, but would like to reflect upon some of the Character Counts program, but most of also the skills they need to develop tremendous accomplishments of this all I hope individuals will take the into good and decent human beings. program and how it continues to affect time to reflect on what the ‘‘Six Pillars Senator DOMENICI has worked tire- New Mexicans in a positive way. of Character’’ mean to them. lessly on behalf of our Nation’s chil- This year, the New Mexico Character I hope all of my colleagues will sup- dren, and as he winds down his career Education Program, funded by the port this effort. in the Senate, I would like to take a Partnership in Character Education Mr. DODD. Mr. President, today Sen- moment to thank him for his good Federal Grant, included 14 school dis- ator DOMENICI and I introduced a reso- work and friendship. He will be sorely tricts and five charter schools state- lution designating the third week of missed in the halls of this building, and wide, with 50,726 students participating October as ‘‘National Character Counts we all wish his wife, Nancy, and him in 106 schools statewide. Through this Week.’’ Senator DOMENICI and I have the very best. program, the ‘‘Six Pillars of Char- worked together for many years on the This renewed focus on character acter’’ have become a common thread issue of character education and hope sends a wonderful message to Ameri- of communication for students, teach- that by designating a special week to cans and will help reinvigorate our ef- ers and parents across the State. In ad- this cause, we may highlight the im- forts to get communities and schools dition, 3,640 coaches, athletic directors portance of character building activi- involved. With this resolution, it is my and youth sports officials worked, in ties in schools not only this week but hope that even more communities will conjunction with the New Mexico Ac- all year long. make character education a part of

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00166 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 16 22681 every child’s life. I hope that my col- S. RES. 660 Act of 2007, with the Republican leader leagues will support this important ef- Ms. LANDRIEU. Mr. President, I controlling the time from 12 p.m. until fort. wish to clarify, with respect to S. Res. 12:15 p.m., and the majority leader con- 660, the amendment, which was agreed trolling the time from 12:15 p.m. until f to, was to the resolution; the resolu- 12:30 p.m. The PRESIDING OFFICER. Without ORDER FOR PRINTING OF SENATE tion, as amended, was agreed to, and objection, it is so ordered. DOCUMENT the preamble was agreed to. Ms. LANDRIEU. Mr. President, I ask f f unanimous consent that the tributes to ORDERS FOR MONDAY, PROGRAM retiring Senators that appear in the SEPTEMBER 29, 2008 Ms. LANDRIEU. Mr. President, under CONGRESSIONAL RECORD be printed as a Ms. LANDRIEU. Mr. President, I ask a previous order, at 12:30 p.m., the Sen- Senate document and that Senators be unanimous consent that when the Sen- ate will proceed to vote on the motion permitted to submit such tributes for ate completes its business today, it to invoke cloture on the motion to con- inclusion until Friday, November 21, stand in recess until 11 a.m. on Mon- cur in the House amendment to the 2008. day, September 29; that following the Senate amendment to H.R. 2095. The PRESIDING OFFICER. Without prayer and pledge, the Journal of pro- objection, it is so ordered. ceedings be approved to date, the time f Ms. LANDRIEU. Mr. President, I sug- for the two leaders be reserved for their gest the absence of a quorum. use later in the day, and the Senate RECESS UNTIL MONDAY, The PRESIDING OFFICER. The proceed to a period of morning business SEPTEMBER 29, 2008, AT 11 A.M. clerk will call the roll. until 12 p.m., with Senators permitted Ms. LANDRIEU. Mr. President, if The assistant legislative clerk pro- to speak for up to 10 minutes each, there is no further business to come be- ceeded to call the roll. with the time equally divided and con- fore the Senate, I ask unanimous con- Ms. LANDRIEU. Mr. President, I ask trolled between the two leaders or sent that it stand in recess under the unanimous consent that the order for their designees; that at 12 noon, the previous order. the quorum call be rescinded. Senate resume consideration of the There being no objection, the Senate, The PRESIDING OFFICER. Without House message to accompany H.R. 2095, at 5:28 p.m., recessed until Monday, objection, it is so ordered. the Federal Rail Safety Improvement September 29, 2008, at 11 a.m.

VerDate Mar 15 2010 10:02 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00167 Fmt 0686 Sfmt 0634 E:\BR08\S27SE8.003 S27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22682 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 HOUSE OF REPRESENTATIVES—Saturday, September 27, 2008

The House met at 10 a.m. Street, buying up their bad assets, participating in the markets, as well as The Chaplain, the Reverend Daniel P. somehow the benefits will trickle down government mishandling, that has led Coughlin, offered the following prayer: to Main Street and prop up our strug- to this current dilemma. All-Holy and All-Knowing God, as gling housing market. As Mr. Isaac, In conclusion, God bless our troops, creation reveals Your desire for whole- the former head of the FDIC says, and we will never forget September the ness and coordinated unity between all ‘‘Having financial institutions sell the 11th. creatures and the human family, so im- loans to the government at inflated f ages of Your redeemed people give hope prices so the government can turn that hatred and prejudice of any sort around and sell the loans to well- INDUSTRIAL CAPITALISM BEING diminish as true justice and peace healed investors at lower prices strikes DESTROYED break forth within the fabric of society me as a very good deal for everyone but (Mr. KUCINICH asked and was given and daily commerce. U.S. taxpayers. Surely we can do bet- permission to address the House for 1 Before You, Lord God, all human life ter.’’ He proposes a credible alter- minute and to revise and extend his re- is life in community. native, similar to something done dur- marks.) Human wisdom confirms that each of ing the savings and loan crisis. Mr. KUCINICH. Mr. Speaker, indus- us as a person is made for friendship, There are many cheaper alternatives trial capitalism can finally be de- community and participation in public out there that don’t put taxpayers on stroyed as we finish hollowing out our life. So, now bind this Nation as one. the hook. But if we are going to go economy by substituting casino social- Let us stand together in compassion ahead with the Paulson premise, then ism, where the only real product is and the discipline of law as representa- it should be paid for by Wall Street debt, where hard work in shaping raw tive government addresses the needs of with a modest one-quarter of 1 percent materials into a product for a profit be- our time and searches out the path to- transfer tax on securities, something comes ‘‘so yesterday’’ and we lead ward true human fulfillment and na- we had from 1914 until 1966. The Brits Americans to the gaming tables. Work tional security. apply a one-half of 1 percent tax, and becomes denigrated and wagering be- Your love upholds all and therefore they use that money just to fund their comes the road to wealth. calls each one of us to be more con- government. Here we would use it to As Steve Zarlenga of the American cerned for one another, both now and help Wall Street heal itself. Monetary Institute observed, ‘‘You forever. Amen. Some are saying, well, the initial only have to make a fortune once.’’ f payment is only going to be $250 billion The top hedge manager in 2006 made now. $250 billion would double our in- $1.7 billion, and in 2007 some $3.7 bil- THE JOURNAL vestment in infrastructure in the lion. Both paid a lower tax rate for The SPEAKER. The Chair has exam- United States for 5 years. much of their earnings than people who ined the Journal of the last day’s pro- f clean the bedpans of the sick. And, of ceedings and announces to the House course, with that nasty ‘‘death tax’’ her approval thereof. PREDICTABLE AND AVOIDABLE under attack by working families be- Pursuant to clause 1, rule I, the Jour- (Mr. WILSON of South Carolina cause almost 5 out of every 1,000 Amer- nal stands approved. asked and was given permission to ad- icans pay it, that wealth can go on for- f dress the House for 1 minute and to re- ever, just like the landed families of vise and extend his remarks.) England and America maintain their PLEDGE OF ALLEGIANCE Mr. WILSON of South Carolina. Mr. economic status for hundreds of years. The SPEAKER. Will the gentleman Speaker, as we debate the beginning of Precious money needed to bring na- from South Carolina (Mr. WILSON) the financial crisis, it is important to tional health care, reindustrialization come forward and lead the House in the cite a New York Times article pub- of America, the repair of our infra- Pledge of Allegiance. lished on September 30, 1999, which structure and wider available of qual- Mr. WILSON of South Carolina led highlights the dangers of Fannie Mae ity education becomes secondary to the Pledge of Allegiance as follows: easing credit requirements for loans it keeping this artificial real estate bub- I pledge allegiance to the Flag of the plans to purchase. ble going. Speculators are winning, and United States of America, and to the Repub- According to the author, the decision this is the system we are saving. lic for which it stands, one nation under God, by Fannie Mae was meant to ‘‘spur f indivisible, with liberty and justice for all. banks to make more loans to people MEDIA BIAS IS A GREAT THREAT f with less than stellar credit ratings,’’ and he forecasts that ‘‘Fannie Mae is (Mr. SMITH of Texas asked and was ANNOUNCEMENT BY THE SPEAKER taking on significantly more risk.’’ given permission to address the House The SPEAKER. The Chair will enter- They ‘‘may run into trouble during an for 1 minute.) tain up to five 1-minute speeches on economic downturn, prompting a gov- Mr. SMITH of Texas. Mr. Speaker, each side of the aisle. ernment rescue similar to that of the whether it is a financial crisis or Presi- f savings and loan industry in the 1980s.’’ dential debate, the media just can’t These views were shared by Peter seem to help themselves. They always BAILING OUT WALL STREET Wallison of the American Enterprise show a bias against Republicans. That (Mr. DEFAZIO asked and was given Institute, who remarked that ‘‘the gov- is no surprise, since they make con- permission to address the House for 1 ernment will have to step up and bail tributions to Senator OBAMA over Sen- minute.) them out.’’ These are voices from the ator MCCAIN by a 20–1 ratio. Mr. DEFAZIO. The problem with past predicting the problem we face The greatest threat our country faces what Congress is trying to fix is that today. is not an economic recession; it is a Paulson’s premise is wrong, that if we Indeed, it was not the failings of the partisan bias. The media should give take and dump $700 billion into Wall free market, but the failure of those the American people the facts, not tell

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.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22683 them what to think. Otherwise, we will So let me be clear. I do not support a Ms. HIRONO. Mr. Speaker, I am lose our democracy, which is a greater bailout of Wall Street firms funded by shocked that some in our community danger than the economy. hundreds of billions of taxpayers dol- have implied that minorities are some- The media is hurting its credibility lars. There are smarter ways for us to how responsible for the financial deba- for the future. They should instead ad- handle this. cle our country is facing now. here to the highest standards of jour- The President and congressional Apparently, the argument is that mi- nalism and report the news fairly and leaders should set a timeline for legis- norities are getting loans through the objectively. lation, come to mark it up, and look at Community Reinvestment Act on the f things from both the short and the basis of race, and often little else. I long-term. We have learned that the ad don’t know what evidence there is for SUPPORT THE NATIVE AMERICAN hoc approach to bailing out companies such a sentiment, but I do know that HERITAGE ACT OF 2008 in the past few weeks just has not the vast majority of subprime market (Mr. BACA asked and was given per- worked. What we need is a workout loans were financed by Wall Street, not mission to address the House for 1 plan that leverages Wall Street’s assets by the commercial banks regulated minute.) and ingenuity to bring the economy under the Community Reinvestment Mr. BACA. Mr. Speaker, I support H. back to health while protecting the Act. J. Res. 62, the Native American Herit- American taxpayer. Trying to shift the focus from the age Day Act of 2008, which I authored. Any deal that comes forward should lack of oversight by this administra- This bill will help pay tribute to Native limit the cash available to Secretary tion of our financial markets and the Americans for their many contribu- Paulson. We cannot write one man, no irresponsible behavior of so many bro- tions to the United States by encour- matter how experienced or smart, a kerage firms by scapegoating minority aging all Americans to recognize the check for $700 billion of the taxpayers’ families who are trying to realize the Friday after Thanksgiving as Native money. American Dream of homeownership is American Heritage Day. Mr. Speaker, I hope that we continue not only insensitive, but insulting. I thank Senator DANIEL INOUYE, to work forward on this and keep the f Speaker NANCY PELOSI, Majority Lead- American taxpayer first and foremost REMOVAL OF NAME OF MEMBER er STENY HOYER, Chairman GEORGE in our thoughts. AS COSPONSOR OF H. CON. RES. MILLER, Representative DALE KILDEE, f and the NIGA for their help on this 421 bill. LETTING THE FOX GUARD THE Mr. LIPINSKI. Mr. Speaker, I ask I have been a strong advocate for Na- HEN HOUSE unanimous consent to have my name tive Americans and have fought hard (Mr. PERLMUTTER asked and was removed as a cosponsor of House Con- to preserve their heritage for the past given permission to address the House current Resolution 421. 8 years that I have served in Congress for 1 minute.) The SPEAKER pro tempore (Mr. and since my time in the California Mr. PERLMUTTER. Mr. Speaker, the HOLDEN). Is there objection to the re- legislature. Bush administration with its neocon quest of the gentleman from Illinois? It is important that we recognize the philosophy either cut back, opposed, There was no objection. contributions of Native Americans in ignored or choked off restraints on the f all aspects of our society, including markets, especially those of Wall ANNOUNCEMENT BY THE SPEAKER government, language and history. We Street, while borrowing billions of dol- PRO TEMPORE must not forget that Native Americans lars from China and Saudi Arabia to fi- have fought with valor in every Amer- nance tax cuts for the wealthiest of The SPEAKER pro tempore. Pursu- ican war, dating back to the Revolu- Americans and while prosecuting the ant to clause 8 of rule XX, the Chair tionary War. war in Iraq. will postpone further proceedings My bill encourages public schools to The borrow-and-spend approach and today on the additional motion to sus- teach Native American history and cul- the party atmosphere cannot go on for- pend the rules on which a recorded vote ture. ever, and the bailouts, takeovers and or the yeas and nays are ordered or on I also want to thank Tribal Chairman bankruptcies of the recent weeks dem- which the vote is objected to under James Ramos of the San Manuel Tribe onstrate that the party is over. clause 6 of rule XX. for helping us create this bill. This bill Bush’s Treasury Secretary, Henry Any record vote on the postponed represents the first time in history Paulson, is asking Congress for hun- question will be taken later. that Congress is recognizing the great dreds of billions of dollars to com- f achievements of Native Americans in pensate for market excesses and wants COMMENDING THE TENNESSEE this manner. the money within a week or two to re- VALLEY AUTHORITY ON ITS 75TH I thank my colleagues for supporting store confidence to the financial mar- ANNIVERSARY this legislation. kets. I will listen to Mr. Paulson and Mr. DEFAZIO. Mr. Speaker, I move f his plea on behalf of the Bush adminis- tration about this immediate infusion to suspend the rules and agree to the CONGRESS MUST KEEP TAXPAYER of cash and the purchase of billions and resolution (H. Res. 1224) commending FIRST WHEN ASSISTING WALL billions of dollars in bad loans to take the Tennessee Valley Authority on its STREET the burden of this bad debt out of the 75th anniversary. (Mrs. BLACKBURN asked and was markets, but I must say I have my The Clerk read the title of the resolu- given permission to address the House doubts about the foxes guarding the tion. for 1 minute and to revise and extend hen house or giving the Bush adminis- The text of the resolution is as fol- her remarks.) tration any more authority over any- lows: Mrs. BLACKBURN. Mr. Speaker, it is thing. Thank goodness we did not pri- H. RES. 1224 becoming painfully clear to us and now vatize Social Security. Whereas May 18, 2008, marks the 75th anni- versary of the Tennessee Valley Authority; we know that Americans should not be f forced to endure a prolonged and pain- Whereas the Tennessee Valley Authority ful economic downturn to pay for the MINORITIES NOT RESPONSIBLE was created by Congress in 1933 to improve sins of Fannie, Freddie or discredited FOR ECONOMIC WOES OF WALL navigation along the Tennessee River, re- STREET duce the risk of flood damage, provide elec- Wall Street executives. The question tric power, and promote agricultural and in- that is being asked by many of our con- (Ms. HIRONO asked and was given dustrial development in the region; stituents is, all right, now what are we permission to address the House for 1 Whereas the Tennessee Valley Authority going to do? minute.) Act of 1933 (16 U.S.C. 831 et seq.) was signed

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22684 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 into law by President Franklin D. Roosevelt may have 5 legislative days within ducer and the fifth largest electric util- on May 18, 1933; which to revise and extend their re- ity. TVA supplies power to nearly 8 Whereas the Tennessee Valley Authority marks and include extraneous material million people over an 80,000-square- continues to serve the Tennessee Valley, pro- mile service area covering Tennessee viding reliable and affordable electricity, on H. Res. 1224. managing the Tennessee River system, and The SPEAKER pro tempore. Is there and parts of Mississippi, Alabama, stimulating economic growth; objection to the request of the gen- Georgia, North Carolina, Virginia and Whereas the Tennessee Valley Authority tleman from Oregon? Kentucky. provides more electricity than any other There was no objection. In addition, TVA’s nonpower pro- public utility in the Nation and has competi- gram responsibilities include the mul- tive rates and reliable transmission; b 1015 tipurpose management of land and Whereas the Tennessee Valley Authority is Mr. DEFAZIO. Mr. Speaker, I yield water resources throughout the Ten- expanding its environmental policy to in- myself such time as I may consume. nessee Valley and fostering economic crease its renewable energy sources, improve I will leave it to the gentleman from development. Prior to 1959, construc- energy efficiency, and provide clean energy Tennessee to carry the major part of tion of the power projects was financed in the Tennessee Valley region; mainly by congressional appropria- Whereas the Tennessee Valley Authority this legislation for which he is respon- continues to reduce power plant emissions sible, but I would just like to reflect on tions. The power program is now com- and is working to further improve air qual- it for a moment. pletely self-financed through power ity for the health of individuals in the Ten- I think it’s very telling that we are revenues. nessee Valley region; here to celebrate the 75th anniversary During the TVA’s first 20 years, most Whereas the Tennessee Valley Authority is of the Tennessee Valley Authority, of the power generated was hydro- a leader in the nuclear power industry, with something that was created by Con- electric. By 1950, with increased power multi-site nuclear power operations that gress and President Franklin Delano needs, TVA began building coal-fired provide approximately 30 percent of the Ten- electric plants, and those plants now nessee Valley Authority’s power supply; Roosevelt in the Great Depression. They had a little different philosophy account for about 75 percent of TVA’s Whereas as part of NuStart Energy Consor- power generation. TVA provides more tium, the Tennessee Valley Authority sub- back then. mitted one of the first combined operating It wasn’t shower money on Wall electricity than any other public util- license applications for a new nuclear power Street and hope things get better for ity in the Nation and has an unparal- plant in 30 years; people on Main Street and around the leled record of reliability. In addition, TVA is broadening its Whereas the Tennessee Valley Authority’s country; it was invest in America, in- environmental stewardship responsibil- integrated management of the Tennessee vest in our infrastructure, build dams, River system provides a wide range of bene- ities by increasing its use of renewable roads, bridges, WPA projects. My re- fits that include providing electrical power, resources, improving energy efficiency, reducing floods, facilitating freight transpor- gion is a tremendous beneficiary from and working to improve air quality for tation, improving water quality and supply, something called the Bonneville Power the millions who live in the Tennessee enhancing recreation, and protecting public Administration, a wonderful gift that Valley watershed. TVA constructed nu- land; is still paying dividends to the Amer- clear plants to supply additional power Whereas the Tennessee Valley Authority ican people that was key in our World builds business and community partnerships needs and just recently returned an ad- War II effort and was there for the alu- ditional nuclear power unit in Ala- that foster economic prosperity, helping minum plants and for our nuclear companies and communities attract invest- bama, Browns Ferry Unit 1, to service ments that bring jobs to the Tennessee Val- weapons development to end the war. to meet expected future demand in en- ley region and keep them there; and This is a different philosophy. Today, ergy. Whereas the Tennessee Valley Authority unfortunately, we seem to be going The agency spent approximately $2 no longer receives appropriation to help fund down the path that the way to fix the billion to recover the facility, which its activities in navigation, flood control, en- economic problems on Main Street in became fully operational by May 2007. vironmental research, and land manage- America is to shower money on Wall The Nuclear Regulatory Commission ment, because the Tennessee Valley Author- Street, buy up their bad investments has approved a 20-year license renewal ity pays for all its activities through power and hope maybe someday taxpayers get for all three units at the Browns Ferry sales and issuing bonds: Now, therefore, be it Resolved, That the House of Representa- their money back. Nuclear Plant. tives— What if we took the $250 billion they For 75 years, the TVA programs of (1) commends the Tennessee Valley Au- are talking about as an initial down navigation, flood damage reduction and thority on its 75th anniversary; payment on this faulty plan and we power reduction have fostered eco- (2) recognizes the Tennessee Valley Au- doubled our investment in our roads, nomic development in an important re- thority for its long and proud history of serv- bridges, highways and transit in Amer- gion in the Nation. ice in the areas of energy, the environment, ica? Would that put more people back I urge all of my Members to support and economic development in a service area to work? Would that instill more con- the resolution celebrating the Ten- that includes 7 States; nessee Valley Authority’s 75th anniver- (3) honors the Board of Directors, retirees, fidence in the American economy? Would that maybe even drive up the sary. staff, and supporters of the Tennessee Valley Mr. Speaker, I reserve the balance of Authority who were instrumental during the value of stocks on Wall Street? I think Tennessee Valley Authority’s first 75 years; so. my time. Mr. COHEN. Mr. Speaker, I yield my- and I think it’s incredibly appropriate (4) directs the Clerk of the House of Rep- self such time as I may consume. that Mr. COHEN has brought this bill Mr. Speaker, I rise today in support resentatives to transmit a copy of this reso- here to the floor today, and I thank lution to the Chairman of the Board of the of House Resolution 1224, to commend Tennessee Valley Authority, Bill Sansom, him for doing that. the Tennessee Valley Authority on its and the Chief Executive Officer of the Ten- Mr. Speaker, I reserve the balance of 75th anniversary. My hometown of nessee Valley Authority, Tom Kilgore, for my time. Memphis is the largest customer of the appropriate display. Mr. BOOZMAN. Mr. Speaker, I yield Tennessee Valley Authority. It sup- The SPEAKER pro tempore. Pursu- myself as much time as I may con- plies us with our energy. ant to the rule, the gentleman from Or- sume. The Tennessee Valley Authority over egon (Mr. DEFAZIO) and the gentleman The Tennessee Valley Authority, an the years has had many, many great from Arkansas (Mr. BOOZMAN) each will independent government corporation, commissioners and has now a new form control 20 minutes. was established in 1933 to aid in the de- of administration. In the past, one of The Chair recognizes the gentleman velopment of the Tennessee River Val- our predecessors from this House and from Oregon. ley watershed through the proper use, the State of Tennessee, Bob Clement, GENERAL LEAVE conservation and development of the served as a member of the board of di- Mr. DEFAZIO. Mr. Speaker, I ask region’s natural resources. TVA is the rectors of the TVA; and also a gen- unanimous consent that all Members Nation’s largest wholesale power pro- tleman named Johnny Hayes, who

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22685 passed away this past week, who was a First, I want to commend my good of energy, that TVA will continue to great Tennessean and a great supporter friend the gentleman from Alabama provide the leadership to help the val- of our previous Vice President Al Gore (Mr. CRAMER) for bringing this resolu- ley become even stronger and more and a dear friend of mine. tion to the floor. He has served with economically vibrant. I can tell you The Tennessee Valley Authority was great distinction as chairman of the that my region has become one of the signed into law by Franklin Delano TVA Caucus in the Congress. most popular places to move to in the Roosevelt on May 18, 1933. At that time Since the Congress passed the Ten- entire country, and that is in no small America was in the midst of a Great nessee Valley Authority Act of 1933, part because of the Tennessee Valley Depression, and the Tennessee Valley TVA has played an important role, not Authority and the role it plays in the Authority was seen as a way to lift the only in the Tennessee Valley but in the lives of our citizens. country out of economic recession. course of the history of this Nation as The citizens of the Tennessee Valley The establishment of TVA by the well. TVA carries out its three-pronged have been better off because of the Federal Government was a sign of Con- mission of providing reliable electric work and historic mission of the Ten- gress’ recognition of the importance of power, economic development, and nessee Valley Authority. integrating regional and national re- stewardship of the Nation’s fifth larg- I urge my colleagues to support this source management strategies and est river system by tapping into the resolution. issues affecting multiple States. The talents of its 12,000 employees, many of Mr. COHEN. Mr. Speaker, I would TVA wove together Southeastern Con- whom live in my district. now like to yield as much time as he ference members in a way that hasn’t Right from the start, TVA tried to may consume to the gentleman who is been done since other than the con- establish a problem-solving approach the sponsor of this bill and brought ference. More specifically, it was cre- to fulfilling its mission of resource this to the Congress, a gentleman who ated to provide inland waterway navi- management for power production, is retiring, and was one of the first peo- gation, flood control, affordable elec- navigation, flood control, malaria pre- ple I had the opportunity to meet when tricity and to bolster economic devel- vention, reforestation, or erosion con- I came up here. He has been very kind opment in the Tennessee Valley region. trol, and each was studied in its broad- to me in my first year. TVA also helped farmers improve crop est context. TVA weighed each issue in I regret his leaving, but he has pro- yields, replant forests and improve fish relation to all the others. vided his service to this Congress, and and wildlife habitation in the valley. Today the Tennessee Valley is one of a gentleman whose district shares TVA’s facilities now include 30 hy- the most beautiful and fertile places in much with my district, music, and droelectric dams, 11 fossil fuel powered the Nation. With its beauty, hard- many of the Memphis musicians fled to plants and three nuclear power plants. working people and abundant natural Muscle Shoals at one time. We forgive It is the Nation’s largest public power resources, the Tennessee Valley would him that; that was their choice. We company and provides reliable elec- have developed in a good and pros- wish him good luck in the Alabama- tricity to nearly 8.5 million customers perous way without TVA, as did other Georgia game—Mr. CRAMER of Ala- in the Tennessee Valley. Near my home areas of the South where there was no bama. is Pickwick Dam, also a source of great TVA. Mr. CRAMER. I thank my friends However, the establishment of the opportunity for enjoyment and pleas- from Tennessee, and I thank the Trans- TVA led to the development of cutting- ures for people wanting to boat and portation and Infrastructure Com- enjoy outdoor life. edge fertilizers and improved farming mittee where I spent so many valuable Today, TVA continues to support techniques and helped to revive the years, the staff on both sides of the navigation along the Tennessee River, Tennessee Valley and forever changed reduce the risk of flood damage to the its landscape. With the completion of aisle. I have appreciated what you have surrounding area, and provide reliable dams, TVA brought electricity and meant to my congressional district and electric power to its many customers. flood control to the Tennessee Valley, what you have meant to the Tennessee It does so while applying a unique providing stability and vital insect Valley Authority as well. problem-solving approach while ful- control programs that helped dras- I rise today to commemorate the 75th filling its mission of integrated re- tically reduce deaths caused by mos- anniversary of the Tennessee Valley source management. quitos and increase the quality of life. Authority. I think it’s only appropriate TVA has proven that it remains com- By the end of the 1930s, the Tennessee that we do this during what we hope mitted to fulfilling the needs of the re- Valley was probably the most thor- will be the last hours of this, the 110th gion’s businesses and citizens. This has oughly mapped region in the country. Congress. been reflected in the development of Before long, however, TVA was called In the 110th Congress, I had the honor hydroelectric facilities in the 1940s to upon to use this expertise to provide of serving as the cochair of the con- support the war effort and the produc- then-General Eisenhower with the gressional TVA Caucus, which has ex- tion of aluminum, to its present day most detailed topographic maps of Ger- isted since I have been here, before I development of renewable power man-occupied France and, later, Japan was here. I have been here 18 years. I sources. during World War II. have cochaired this caucus along with I urge my colleagues in the House to TVA played an important role in the Senator LAMAR ALEXANDER from Ten- join me in supporting this resolution Manhattan Project, the development of nessee, so we have had a House-Senate and honor the Tennessee Valley Au- our first atomic bomb. At a time when partnership there. thority for helping to meet the needs of the enrichment of uranium in Oak There are 41 House and Senate Mem- our country for the past 75 years. Ridge, Tennessee, consumed around 15 bers that comprise this very proactive Mr. Speaker, I reserve the balance of percent of the electricity of the United Tennessee Valley Authority Caucus. As my time. States, TVA rose to the occasion and I look around the room today, many of Mr. BOOZMAN. Mr. Speaker, I yield met those power needs and helped end our House Members that have partici- as much time as he might consume to World War II. pated in that caucus are here today. my good friend, the gentleman from I am proud to say that TVA is My friends have talked about when Tennessee (Mr. DUNCAN) who is the headquartered in my congressional dis- TVA was created. Mr. DUNCAN, we ranking member on the Highways and trict. I am proud of TVA’s president know that TVA is wonderfully Transit Subcommittee of Transpor- and CEO Tom Kilgore, and Chairman headquartered up there in your con- tation. Bill Sansom, two good friends of mine, gressional district in Knoxville. When Mr. DUNCAN. I thank the gentleman and of the leadership they provide to TVA was first chartered back in 1933, it from Arkansas for yielding me this TVA in this challenging time for utili- was headquartered in the Muscle time. I rise in support of this resolu- ties across the country. Shoals area of north Alabama, so we tion congratulating the Tennessee Val- I believe as we move into the future still reluctantly accept that you have ley Authority on its 75th anniversary. and look for more sustainable sources the headquarters there that we had

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22686 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 back when TVA was first chartered ergy. That is a reality we must con- his service. We do share a lot. Sam back in 1933. front. Phillips was born in your district. He Let’s remember back to 1933. It was So I believe the TVA today, under came to Memphis, he gave birth to the Great Depression. At that time the the leadership of Chairman Bill Elvis Presley and the rest is history. agriculture industry, which was the Sansom and CEO Tom Kilgore, is ready Thank you; you have been a true gen- bread and butter of the Tennessee Val- and able to meet the growing environ- tleman and I will miss you. ley, had collapsed. Trying to make mental and power demands while con- Mr. OBERSTAR. Mr. Speaker, I rise today ends meet, the people of the valley had tinuing to be a valuable economic part- in support of H. Res. 1224, to commemorate overfarmed their land, leading to wide- ner to the men and women of the Ten- the Tennessee Valley Authority (‘‘TVA’’) on its spread erosion, soil depletion and low nessee Valley. 75th anniversary. crop yields. Since I am leaving Congress, I want H. Res. 1224 recognizes the TVA for its As part of this New Deal program, to thank my colleagues for serving long history of service in the areas of energy, President Franklin Roosevelt envi- with me and making sure that our TVA the environment, and economic development sioned TVA as a different kind of gov- area is the area that we know it to be on a service area that includes parts of seven ernment agency that could be backed today, an efficient government entity, States. by the power of the United States Gov- and that is not something you can say President Franklin Delano Roosevelt signed ernment but also have the ‘‘flexibility very often. the legislation creating the TVA on May 1, and initiative of a private enterprise.’’ Mr. BOOZMAN. Mr. Speaker, we cer- 1933. This Authority was a product of Presi- TVA was born, TVA has prospered, tainly support this resolution and dent Roosevelt’s New Deal plan to help the and TVA has done remarkable things thank Mr. CRAMER for bringing it for- economy rise from the depths of the Great for our area. We are economically pros- ward. We also thank him so much, not Depression. perous because of the presence of TVA. only for this resolution but for his hard The establishment of the Tennessee Valley They’ve built the dams, they’ve devel- work in Congress in general. Mr. Authority by the Federal Government illus- oped new fertilizers, they’ve been the CRAMER has done an outstanding job trated Congress’s recognition of the impor- lifeblood of partnerships with local and and he is an individual that will be tance of integrating regional and national plan- State government over economic devel- missed by both sides, by Republicans ning into problem solving strategies that affect opment opportunities. and Democrats, and we truly appre- multiple States. The TVA’s mission areas were originally You can’t drive through the Ten- ciate all that you have done, BUD, in nessee Valley area without looking serving your constituents. identified to reduce the risk of flood damage, around and seeing a much different and I yield such time as he would like to improve navigation on the Tennessee River, much more prosperous area than we the gentleman from Tennessee (Mr. provide electric power, and promote ‘‘agricul- tural and industrial development’’ in the region. ever would have been if TVA had not DUNCAN). The TVA continues to manage its resources been the entity that it had been. Mr. DUNCAN. I thank the gentleman in an integrated fashion for a wide range of Now the TVA of today is not the TVA from Arkansas for yielding to me one benefits including electric power production, of the thirties, forties and fifties. We more brief time. flood control, waterborne commercial transpor- have a different board construct today. I rise to say it has been a privilege tation, recreation, water supply, and water TVA is very concerned about the envi- and honor for me to serve with the gen- tleman from Alabama who unfortu- quality. ronment. It’s looking at its plants, Through the years, TVA has continued to nately is leaving the Congress this making sure that they are cleaner, adapt and evolve to reflect the needs of the year. BUD CRAMER and I have traveled more efficient than they ever were be- day. This evolution is reflected in its develop- many times together. We have become, fore. ment of hydroelectric facilities in the 1940s to I think, very close friends. It is inter- b 1030 support the war effort and production of alu- esting to me that our careers have been minum, to its present day development of re- Reflect back, also. After the war, almost parallel. We were in law school newable power resources. TVA built a 650-mile navigation chan- at approximately the same time. We I applaud the sponsor of this legislation, the nel along the Tennessee River, allow- practiced law. He became a prosecuting gentleman from Alabama (Mr. CRAMER), for ing it to become one of the longest attorney in his hometown of Huntsville his strong advocacy of the Tennessee Valley transport systems in the country. when I was serving as a criminal court Authority during his 18 years in Congress. The When we make our pitches for eco- judge in my hometown of Knoxville. He gentleman has been a valuable member of nomic development opportunities, it is came to Congress shortly after I did. this Chamber, a distinguished alumnus of the that navigational channel that is our He rose to become one of the senior Committee on Transportation and Infrastruc- strength as we acquaint those prospec- members and one of the most powerful ture, and a dedicated champion for the people tive new industries with what we have and influential members on the Appro- of the 5th Congressional District. I wish him to offer. priations Committee here in the Con- In the 1990s, TVA began several en- well in his future endeavors. gress. Mr. Speaker, I urge my colleagues to join ergy efficiency and conservation pro- I can tell you that I have respect and me in agreeing to the resolution. grams. These initiatives allowed TVA admire BUD CRAMER more than almost Mr. COHEN. Mr. Speaker, I yield to cut their annual operating costs by anybody I know. He has been an out- back the balance of my time. more than $800 million while still standing public servant in every way, The SPEAKER pro tempore. The meeting the electricity needs of the and this Congress will certainly miss question is on the motion offered by growing population of the Tennessee the gentleman from Alabama when he the gentleman from Oregon (Mr. Valley. leaves. I want to personally thank him DEFAZIO) that the House suspend the In 1998, TVA started a new $5.8 billion for not only his friendship to me, but rules and agree to the resolution, H. clean air program that has reduced more importantly his service to this Res. 1224. their emissions by 70 to 80 percent. Ad- Nation. The question was taken. ditionally, TVA recently began its Mr. BOOZMAN. Does the gentleman The SPEAKER pro tempore. In the Green Power Switch Program, designed have any more speakers? opinion of the Chair, two-thirds being to increase the availability of energy Mr. COHEN. No, sir. in the affirmative, the ayes have it. derived from renewable resources such Mr. BOOZMAN. If the gentleman has Mr. BOOZMAN. Mr. Speaker, I object as solar and wind for customers in the no further speakers, I yield back the to the vote on the ground that a Tennessee Valley. balance of my time. quorum is not present and make the TVA is also leading the way to clean Mr. COHEN. Mr. Speaker, I again point of order that a quorum is not and safe nuclear power. In my district, join with my colleagues in expressing present. TVA is making great strides to in- the pleasure I have had serving with The SPEAKER pro tempore. Pursu- crease our Nation’s use of nuclear en- Mr. CRAMER and my appreciation for ant to clause 8 of rule XX and the

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22687 Chair’s prior announcement, further Secretary shall issue regulations to carry out erated by convicted felons. Specifi- proceedings on this motion will be this section. cally, the bill would direct the Sec- postponed. SEC. 3. REPORT ON GOVERNMENT-WIDE APPLICA- retary of Homeland Security to pro- The point of no quorum is considered BILITY. mulgate regulations to implement this withdrawn. Not later than 18 months after the date of en- actment of the Act, the Administrator for Fed- prohibition. f eral Procurement Policy shall submit a report on The Federal Protective Service, FPS, has a critical mission. FPS serves as MESSAGE FROM THE SENATE establishing similar guidelines government-wide to the Committee on Homeland Security and one of the first lines of defense for our A message from the Senate by Ms. Governmental Affairs and the Committee on Federal buildings. It employs more Curtis, one of its clerks, announced Oversight and Government Reform of the House than 1,000 trained personnel, and 15,000 that the Senate has passed with an of Representatives. contract security guards. It is charged amendment in which the concurrence The SPEAKER pro tempore. Pursu- with securing nearly 9,000 federally of the House is requested, a bill of the ant to the rule, the gentlewoman from owned and leased buildings. House of the following title: the District of Columbia (Ms. NORTON) This legislation will help improve se- H.R. 5159. An act to establish the Office of and the gentleman from Arkansas (Mr. curity at those buildings and facilities the Capitol Visitor Center within the Office BOOZMAN) each will control 20 minutes. and increase the standards of safety for of the Architect of the Capitol, headed by The Chair recognizes the gentle- Federal properties across the country. the Chief Executive Officer for Visitor Serv- woman from the District of Columbia. H.R. 3068 passed the House last year ices, to provide for the effective management GENERAL LEAVE and was amended in the Senate. The and administration of the Capitol Visitor Center, and for other purposes. Ms. NORTON. Mr. Speaker, I ask Senate amendment provides additional unanimous consent that all Members direction to the Secretary of Homeland f may have 5 legislative days within Security on key issues that the regula- FEDERAL PROTECTIVE SERVICE which to revise and extend their re- tions should include. The Senate GUARD CONTRACTING REFORM marks and include extraneous material amendment also directs the adminis- ACT OF 2008 on H.R. 3068. trator for Federal procurement policy Ms. NORTON. Mr. Speaker, I move to The SPEAKER pro tempore. Is there to issue a report to Congress on estab- suspend the rules and concur in the objection to the request of the gentle- lishing similar guidelines government- Senate amendment to the bill (H.R. woman from the District of Columbia? wide. 3068) to prohibit the award of contracts There was no objection. This legislation is important to en- to provide guard services under the Ms. NORTON. Mr. Speaker, I yield sure the integrity of the forces pro- contract security guard program of the myself such time as I may consume. tecting our Federal buildings and the Federal Protective Service to a busi- I rise in support of the Senate employees and visitors that work in ness concern that is owned, controlled, amendment to H.R. 3068. The bill is the and visit those buildings every day. I or operated by an individual who has result of two oversight hearings held support this legislation. I urge my col- been convicted of a felony. by the Transportation and Infrastruc- leagues to do the same. The Clerk read the title of the bill. ture Committee Subcommittee on Eco- I reserve the balance of my time. The text of the Senate amendment is nomic Development, Public Buildings Ms. NORTON. Mr. Speaker, we very as follows: and Emergency Management that ex- much appreciate that the House has Senate amendment: amined the role of the Federal Protec- gotten to this bill before we adjourn. Strike out all after the enacting clause and tive Service in providing security to This bill arose from oversight, and I insert: our Nation’s public buildings. think emphasizes the importance of SECTION 1. SHORT TITLE. There was evidence and serious alle- oversight. Essentially it eliminates This Act may be cited as the ‘‘Federal Protec- gations of wrongdoings, chaos and proxy ownership of vital FPS con- tive Service Guard Contracting Reform Act of irregularities in the contracting and tracting operations. As a result of 2008’’. employment of private security guards oversight and reports from workers and SEC. 2. FEDERAL PROTECTIVE SERVICE CON- who protect Federal employees and fa- sometimes from unions, we learned TRACTS. cilities. This legislation intends to pre- that there were unpaid contract (a) PROHIBITION ON AWARD OF CONTRACTS TO serve the security of the country’s guards. As a result of the hearings, ANY BUSINESS CONCERN OWNED, CONTROLLED, OR OPERATED BY AN INDIVIDUAL CONVICTED OF most sensitive buildings. upon learning of these reports, we A FELONY.— The Senate amendment supports the found that there was a contractor who (1) IN GENERAL.—The Secretary of Homeland principles of the House bill and author- was a felon, had spent 5 years in jail for Security, acting through the Assistant Secretary izes the Secretary of Homeland Secu- money laundering and fraud. of U.S. Immigration and Customs Enforcement— rity to devise regulations that prohibit What we discovered was sometimes (A) shall promulgate regulations establishing contracts for the provision of guard there were unpaid guards working out guidelines for the prohibition of contract awards services to any business owned or con- of, of all places, the Department of for the provision of guard services under the contract security guard program of the Federal trolled by a convicted felon. In addi- Homeland Security, and that at other Protective Service to any business concern that tion, the Senate amendment provides times the money had been received, as is owned, controlled, or operated by an indi- some limited flexibility for the con- in the case of the proxy ownership, and vidual who has been convicted of a felony; and tract officer to identify serious felons had not been paid. (B) may consider permanent or interim prohi- and create guidelines for the con- Security guards have grown to over- bitions when promulgating the regulations. tracting officer to assess mitigating whelm the Federal Protective Service (2) CONTENTS.—The regulations under this factors and the risks associated with which is the official service that guards subsection shall— previous convictions. these buildings. The decrease in the (A) identify which serious felonies may pro- hibit a contractor from being awarded a con- I urge all Members to vote for the Federal Protective Service is itself a tract; Senate amendment to H.R. 3068, the hazard. But with 15,000 Federal secu- (B) require contractors to provide information Federal Protective Service Guard Con- rity guards, that means hundreds prob- regarding any relevant felony convictions when tracting Reform Act of 2008. ably of contractors, because many of submitting bids or proposals; and I reserve the balance of my time. them are small businesses. As the num- (C) provide guidelines for the contracting offi- Mr. BOOZMAN. Mr. Speaker, I yield ber of security guards and therefore cer to assess present responsibility, mitigating myself such time as I might consume. contractors has grown, it is important factors, and the risk associated with the pre- H.R. 3068 was introduced by Sub- that our vigilance of the contract oper- vious conviction, and allow the contracting offi- cer to award a contract under certain cir- committee Chairwoman NORTON last ations also increases. cumstances. year, and prohibits the Federal Protec- I was particularly concerned because (b) REGULATIONS.—Not later than 6 months tive Service from awarding contracts these reports came in, from all places, after the date of the enactment of this Act, the to businesses owned, controlled or op- the Nation’s capital and the national

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22688 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 capital region. This is the region at the that provide an essential service are awarded The SPEAKER pro tempore. The top of the list of places where we are only to contractors who are, ‘‘capable, respon- question is on the motion offered by always on the alert against terrorism. sible, and ethical’’, as required by the Federal the gentlewoman from the District of We want to particularly compliment Acquisition Regulations. Columbia (Ms. NORTON) that the House the workers who continued to work I support H.R. 3068, as amended, and urge suspend the rules and concur in the even though they were unpaid. I want its passage. Senate amendment to the bill, H.R. to give some credit to ICE because in Finally, I insert in the CONGRESSIONAL 3068. the hearings where we followed up to RECORD an exchange of letters between The question was taken; and (two- see that this matter was corrected Chairman HENRY WAXMAN, Chairman of the thirds being in the affirmative) the while this bill was pending, we worked Committee on Oversight and Government Re- rules were suspended and the Senate closely with ICE which had jurisdiction form, and me. amendment was concurred in. A motion to reconsider was laid on over the Federal Protective Service HOUSE OF REPRESENTATIVES, COM- the table. and now has an ombudsman for secu- MITTEE ON TRANSPORTATION AND rity guard contracts; it centralized INFRASTRUCTURE, f contracting operations so that prompt Washington, DC, September 25, 2008. REPEALING LICENSE REQUIRE- Hon. HENRY A. WAXMAN, payment and monitoring of the in- MENT FOR EMPLOYMENT AS A voices can occur. We gave them a dead- Chairman, Committee on Oversight and Govern- ment Reform, House of Representatives, SALVAGER ON THE COAST OF line to cure that backlog, and they Washington, DC. FLORIDA cured that backlog by August of last DEAR CHAIRMAN WAXMAN: I write to you re- Mr. CUMMINGS. Mr. Speaker, I move year. garding H.R. 3068, the ‘‘Federal Protective to suspend the rules and pass the Sen- b 1045 Service Guard Contracting Reform Act of ate bill (S. 2482) to repeal the provision 2007’’. What this bill does is to now shut the I agree that provisions in H.R. 3068, as of title 46, United States Code, requir- door with legislation that was clearly amended by the Senate, are of jurisdictional ing a license for employment in the required after the discovery of proxy interest to the Committee on Oversight and business of salvaging on the coast of Florida. ownership by a felon who had, essen- Government Reform. I appreciate your will- The Clerk read the title of the Senate tially, the responsibility for guards’ ingness to waive rights to further consider- ation of H.R. 3068, and I acknowledge that bill. guarding vital buildings in the Nation’s through this waiver, your Committee is not The text of the Senate bill is as fol- capital and perhaps elsewhere. relinquishing its jurisdiction over the rel- lows: I reserve the balance of my time. evant provisions of H.R. 3068. S. 2482 Mr. BOOZMAN. Mr. Speaker, I want This exchange of letters will be placed in Be it enacted by the Senate and House of Rep- to thank Chairwoman NORTON for the Congressional Record as part of the con- resentatives of the United States of America in bringing this legislation forward. It’s sideration of H.R. 3068, as amended by the Congress assembled, Senate, in the House. Thank you for the co- something that we certainly support. SECTION 1. REPEAL OF REQUIREMENT OF LI- We thank you for your hard work. operative spirit in which you have worked CENSE FOR EMPLOYMENT IN THE regarding this matter and others between I yield back the balance of our time. BUSINESS OF SALVAGING ON THE our respective committees. COAST OF FLORIDA. Ms. NORTON. I thank the gentleman, I look forward to working with you as we Chapter 801 of title 46, United States Code, and I thank the entire committee and prepare to pass this important legislation. is amended— subcommittee for the strong bipartisan Sincerely, (1) by striking section 80102; and support that this bill and the work JAMES L. OBERSTAR, M.C., (2) in the table of sections at the beginning that uncovered it have had throughout. Chairman. of the chapter by striking the item relating Mr. OBERSTAR. Mr. Speaker, I rise in sup- to that section. port of the Senate amendment to H.R. 3068. HOUSE OF REPRESENTATIVES, COM- The SPEAKER pro tempore. Pursu- MITTEE ON OVERSIGHT AND GOV- ant to the rule, the gentleman from This bill, as amended by the Senate, rep- ERNMENT REFORM, Maryland (Mr. CUMMINGS) and the gen- resents an important step in ensuring the safe- Washington, DC, September 25, 2008. tleman from Ohio (Mr. LATOURETTE) ty of Federal employees and all those who Hon. JAMES OBERSTAR, work in and visit our Federal buildings. Chairman, Committee on Transportation and each will control 20 minutes. On April 18, 2007, the Committee held a Infrastructure, House of Representatives, The Chair recognizes the gentleman hearing entitled ‘‘Proposals to Downsize the Washington, DC. from Maryland. Federal Protective Service and Effects on the DEAR CHAIRMAN OBERSTAR: I am writing GENERAL LEAVE Protection of Federal Buildings’’. The hearing about H.R. 3068, the ‘‘Federal Protective Mr. CUMMINGS. Mr. Speaker, I ask Service Guard Contracting Reform Act of probed the Department of Homeland Secu- unanimous consent that all Members 2008’’. may have 5 legislative days in which to rity’s plans to cut the presence of Federal Pro- I appreciate your effort to consult with the tective Service (‘‘FPS’’) officers nationally. The revise and extend their remarks on S. Committee on Oversight and Government 2482. reliance on contract security guards to protect Reform regarding those provisions of H.R. The SPEAKER pro tempore. Is there Federal buildings is a troubling trend. 3068, as amended by the Senate, that fall objection to the request of the gen- On October 2, 2007, the House passed within the Oversight Committee’s jurisdic- tion. In the interest of expediting consider- tleman from Maryland? H.R. 3068 to prohibit the Secretary of Home- There was no objection. land Security from awarding security guard ation of H.R. 3068, the Oversight Committee will not separately consider relevant provi- Mr. CUMMINGS. Mr. Speaker, I yield contracts to businesses owned, controlled, or sions of this bill. Moreover, this letter myself such time as I may consume. operated by convicted felons. should not be construed as a waiver of the Mr. Speaker, as chairman of the Sub- H.R. 3068, as amended by the Senate, con- Oversight Committee’s legislative jurisdic- committee on Coast Guard and Mari- tinues to support the central concept of the tion over subjects addressed in H.R. 3068 that time Transportation, I rise today in legislation as enacted by the House. The Sen- fall within the jurisdiction of the Oversight strong support of S. 2482. ate amendment authorizes the Secretary of Committee. This legislation is very simple. It Homeland Security to establish guidelines that Please include our exchange of letters on would repeal an antiquated law that re- prohibit contracts for the provision of guard this matter in the Congressional Record dur- ing consideration of this legislation on the quires vessels and the captains of ves- services to any business owned or controlled House floor. sels conducting salvage operations off by individuals convicted of serious felonies, as Again, I appreciate your willingness to the coast of Florida to obtain licenses determined by the Secretary. Further, the consult the Committee on these matters. from a United States District Court. amendment allows discretion to contracting of- Sincerely, The law, which applies only to Florida, ficers assess mitigating factors and the risks HENRY A. WAXMAN, was adopted in 1847. No license has associated with a particular conviction. Chairman. been issued under this law since ap- This bill, as amended, offers a common Ms. NORTON, Mr. Speaker, I yield proximately 1921, in large measure, be- sense way to ensure that security contracts back the balance of my time. cause it seems to have been a forgotten

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22689 requirement until the recent codifica- provision of title 46, United States Code, re- of two powerful California State Assembly tion of title 46. quiring a license for employment in the busi- committees (Insurance and Revenue and This law serves no purpose at this ness of salvaging on the coast of Florida. Taxation). time. The measure before us would re- In 1847, Congress enacted a law designed (5) Continuing to make history, Juanita Millender-McDonald served in the United peal this provision and would eliminate to prevent individuals from luring ships on the States House of Representatives from 1996– a needless burden on salvors working beach with lanterns—and then salvaging these 2007, becoming the first African-American off the coast of Florida. wrecks. The law said that you cannot salvage woman to chair any full House Committee I applaud Senator MARTINEZ for his a ship in Florida unless you have a license when on December 19, 2006, she was named leadership on this measure, and I urge issued by a U.S. District Court. At the time Chairwoman of the House Committee on its adoption by the House. these individuals were called wreckers. Today, House Administration. I reserve the balance of my time. they are called salvors. (6) A leader among leaders, a University of Mr. LATOURETTE. Mr. Speaker, I Two years ago, Congress passed a recodifi- California study named Juanita Millender- rise in support of S. 2482, a bill to re- McDonald one of the most effective Members cation of all of the laws in title 46 of the U.S. of Congress. peal a provision in current law which Code—titled ‘‘Shipping’’. It was only after that (7) As a Member of Congress, Juanita requires licenses for employment in recodification when the terms were updated Millender-McDonald was the first African- the business of maritime salvaging in from ‘‘wreckers’’ to ‘‘salvors’’, did the salvage American woman to give the national Demo- the State of Florida. industry realize that they needed a license to cratic response to President Bush’s weekly S. 2482 is a companion bill to H.R. do its work in Florida. This requirement is not radio address. 4542, which was introduced by the rank- imposed on salvors in any other State of the (8) Juanita Millender-McDonald initiated ing member of our full committee, United States. the first annual Memorial Day tribute to women in the military at the Women in Mili- Congressman JOHN MICA of Florida, S. 2482 repeals this archaic law outright. tary Service For America Memorial at Ar- and which passed the House as part of Today Florida attracts tourists and cruise ships lington National Cemetery. H.R. 2830, the Coast Guard and Mari- to its shores. It doesn’t try to wreck them on (9) As the founder of the Congressional time Transportation Act of 2008. the rocks. Goods Movement Caucus, Juanita Millender- Sadly, even though Chairman Mr. Speaker, I urge my colleagues to sup- McDonald was a leader in the promotion of CUMMINGS has done a great job and port the passage of S. 2482. interstate commerce and a tireless advocate even though Mr. OBERSTAR has done a Mr. CUMMINGS. Mr. Speaker, we for the Port of Long Beach, and the Port of great job and we’ve tried to work to- yield back the balance of our time. Los Angeles. gether on the Coast Guard reauthoriza- (10) Juanita Millender-McDonald was in- The SPEAKER pro tempore. The strumental in the $2,500,000,000 project that tion bill, our friends on the other side question is on the motion offered by created the Alameda Corridor, a 20-mile rail of the Capitol haven’t quite reached the gentleman from Maryland (Mr. expressway that opened in April 2002 and is a agreement with us. CUMMINGS) that the House suspend the vital connection between the ports and The bill repeals section 80102 of title rules and pass the Senate bill, S. 2482. America’s rail system. 46, United States Code, an antiquated The question was taken; and (two- (11) As the founder and executive director provision which dates back in various thirds being in the affirmative) the of the League of African-American Women, forms to the 1820s. It requires Federal rules were suspended and the Senate an organization responsible for the annual judges to issue licenses to wreckers bill was passed. ‘‘AIDS Walk for Minority Women and Chil- working in the State of Florida. dren’’, the legacy of Juanita Millender- A motion to reconsider was laid on McDonald as a humble, selfless champion for Wreckers, now generally known as the table. women will endure for generations to come. salvors, provided assistance to ships in f SEC. 2. DESIGNATION. trouble in exchange for a portion of the The portion of California State Route 91 vessel’s cargo. In the early 19th cen- JUANITA MILLENDER-MCDONALD located in Los Angeles County, California, tury, some argued that these wreckers HIGHWAY from post mile 10.4 to post mile 11.1 shall be may have provided assistance that was Ms. RICHARDSON. Mr. Speaker, I known and designated as the ‘‘Juanita not needed and then demanded a por- move to suspend the rules and pass the Millender-McDonald Highway’’. tion of the vessel’s cargo. It sounds a bill (H.R. 4131) to designate a portion of SEC. 3. REFERENCES. little bit like piracy to me, but I’m not California State Route 91 located in Any reference in a law, map, regulation, document, paper, or other record of the sure. Los Angeles County, California, as the United States to the portion of California At that time, the primary Federal ‘‘Juanita Millender-McDonald High- State Route 91 referred to in section 2 shall presence in Florida was the Federal ju- way’’. be deemed to be a reference to the ‘‘Juanita diciary. Therefore, Federal judges were The Clerk read the title of the bill. Millender-McDonald Highway’’. given licensing authority over these The text of the bill is as follows: The SPEAKER pro tempore. Pursu- wreckers. The licensing requirement H.R. 4131 ant to the rule, the gentlewoman from fell out of use early in the last century. Be it enacted by the Senate and House of Rep- California (Ms. RICHARDSON) and the Today, salvage vessels and their crews resentatives of the United States of America in gentleman from Tennessee (Mr. DUN- operating in Florida are regulated Congress assembled, CAN) each will control 20 minutes. under Coast Guard safety, inspection, SECTION 1. FINDINGS. The Chair recognizes the gentle- crew licensing, and environmental The Congress finds the following: woman from California. standards just like any other vessels (1) Juanita Millender-McDonald was born GENERAL LEAVE operating in United States waters. on September 7, 1938, in Birmingham, Ala- Ms. RICHARDSON. Mr. Speaker, I bama, to the Reverend Shelly and Everlina The Justice Department has deter- ask unanimous consent that all Mem- mined the provision is unconstitu- Dortch Millender. (2) Juanita Millender-McDonald earned her bers may have 5 legislative days within tional, and S. 2482 repeals this anachro- bachelor’s degree from the University of which to revise and extend their re- nism. I support the bill. Redlands in 1981, and her master’s degree marks and to include extraneous mate- I reserve the balance of my time sub- from California State University, Los Ange- rial on H.R. 4131. ject to the chairman. les, in 1987. The SPEAKER pro tempore. Is there Mr. CUMMINGS. Yes. I assume the (3) Juanita Millender-McDonald was a true objection to the request of the gentle- gentleman, my minority ranking mem- trailblazer, entering public service in 1990 as woman from California? ber, has no further speakers. a member of the Carson City Council and be- There was no objection. coming the first African-American woman to Mr. LATOURETTE. The gentleman is Ms. RICHARDSON. Mr. Speaker, I correct. If you have none, I am pre- serve on the Carson City Council. (4) Continuing as a pioneer, Juanita yield myself such time as I may con- pared to yield back and would yield Millender-McDonald served in the California sume. back. State Assembly from 1992 to 1996, and in her First and foremost, I would like to Mr. OBERSTAR. Mr. Speaker, I rise in first term, she became the first assembly thank Chairman OBERSTAR and Rank- strong support of S. 2482, a bill to repeal the member to hold the position of chairwoman ing Member MICA for their help in

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22690 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 bringing this legislation to the floor. 91 freeway was a part of Congress- 10 years. Beginning when she was first H.R. 4131 honors the legacy of a woman woman Millender-McDonald’s district elected to Congress in April of 1996, she who many of my colleagues on the during her entire legislative career in was a tireless advocate for transpor- Transportation and Infrastructure the California Assembly and here in tation issues impacting her district, in- Committee already know—former Con- Congress. The 91 freeway also runs ad- cluding projects related to the Ports of gresswoman Juanita Millender-McDon- jacent to the Major League Baseball Long Beach and Los Angeles and the ald, a real trailblazer, my predecessor Urban Youth Academy, a facility in my Alameda Corridor freight railroad here in Congress and, for many years, and her former district that she cher- project. my mentor and my boss. Words cannot ished dearly. She was also a leader on national describe the impact Congresswoman However, anyone who knew Congress- transportation issues. She took her ex- Juanita Millender-McDonald had on so woman McDonald also knows that her perience in dealing with freight mobil- many lives, but today, I will do my family came first. Her husband, James, ity challenges in southern California best to reflect on her work and on her was her backbone, the love of her life. and founded the Congressional Goods accomplishments. Together, they raised five beautiful Movement Caucus. Through her posi- Congresswoman McDonald was a real children, and they adored their five tion on the Transportation and Infra- trailblazer in every sense of the word. grandchildren. However, Congress- structure Committee and in her role She came to Congress in 1996 and be- woman Millender-McDonald’s family with the Congressional Goods Move- came the first African American includes more than her children, grand- ment Caucus, Congresswoman woman to chair any full House com- children, nieces, and nephews. Con- Millender-McDonald promoted trans- mittee when, on December 19, 2006, she gresswoman Millender-McDonald’s portation projects necessary to facili- was named chairwoman of the House family also includes a list of elected of- tate interstate commerce while pro- Committee on House Administration, ficials at the Federal, State and local tecting communities from the adverse one spot our Madam Speaker often levels that she mentored in addition to effects associated with freight move- calls, really, the House’s mayor. me: Councilman Steve Bradford, Car- ment. Likewise, Congresswoman Millender- son Mayor Pro Tem Mike Gibson and She rose to the level of being a full McDonald initiated the first annual soon to be Assemblyman Isadore Hall. committee chairwoman in this Con- Memorial Day tribute to women in the Congresswoman McDonald was an ef- gress, and she was respected and ad- military at the Women’s Memorial at fective Member of Congress who was mired on both sides of the aisle. More Arlington National Cemetery. Some known for her bipartisan spirit and for importantly than all of this, than all of other firsts: Congresswoman McDonald her fiscal conservative principles. I her work in Congress, Juanita was the first African American woman think you’re going to hear from my Millender-McDonald was just a good to give the national Democratic re- colleagues today that one of the things human being. sponse to President Bush’s weekly that Congresswoman McDonald valued radio address. Also, Congresswoman b 1100 was her relationship on both sides of McDonald was the first the aisle. Although she was concerned She was a friend of mine, and I knew assemblywoman to hold the position of about social programs, she knew that from discussions I had with her how chairwoman on the Committee of Rev- you couldn’t do them unless you could much she loved her family and her enue and Taxation. pay for them. That was really a friends. She was beautiful in appear- These accomplishments represent ance and was so dignified and profes- just a few of the many firsts that Con- strength and, I think, something that her colleagues loved. sional in every way and set such a good gresswoman Millender-McDonald example for all of us. She served the achieved, a long list that dates back to These are the lessons that Congress- woman Millender-McDonald taught me people of her district and this Nation her days on the Carson City Council well and with great honor and distinc- where she was the first African Amer- when I was on her staff, and they have served as a guide throughout my own tion. ican woman to serve on that body. I urge all of my colleagues to support You know, it kind of makes me think legislative career. I can honestly say, this bill honoring a good friend, Con- back to a story that people in the com- but for Congresswoman Millender- gresswoman Juanita Millender-McDon- munity talked about. Congresswoman McDonald’s willingness to take me ald. McDonald didn’t start off as a person under her wing and to hire me, I would I yield back the balance of my time. who was going to be an elected official. not have had the opportunity to mas- She was a parent; she was a teacher; ter the Federal system. She was my Ms. RICHARDSON. Mr. Speaker, I she was someone who worked for the mentor, my political godmother and an yield as much time as he might con- second largest school district in this inspiration to all Americans. sume to our chairman of the Sub- Nation. I think back to one incident Mr. Speaker, I reserve the balance of committee on Coast Guard and Mari- that a lot of her constituents would my time. time, also a member of Transportation smile about. Mr. DUNCAN. Mr. Speaker, I yield and Infrastructure Committee, and She lived not far from the Carson myself such time as I may consume. more importantly, a dear friend of Con- Mall, this mall that is in my district. First of all, I want to commend the gresswoman Millender-McDonald, the Traditionally, when we have Christ- gentlelady from California (Ms. RICH- gentleman from Maryland (Mr. mas, we have Santa, but most people ARDSON) for bringing this bill to the CUMMINGS). have a certain way of how we picture floor today. Certainly, it’s a very ap- Mr. CUMMINGS. I want to thank the Santa looking. Ms. McDonald, having propriate bill because of all of the gentlewoman for yielding, and I want her five children, thought that Santa firsts that the gentlewoman from Cali- to thank her for sponsoring this impor- should maybe reflect our entire coun- fornia has already mentioned and for tant bill, and I take a moment to honor try, so she led this charge to have many other reasons. my friend, Congressman Millender- Santa be reflective of our entire com- I’m honored to support H.R. 4131. As McDonald. munity, and so it was always kind of has been stated, this bill would des- She and I had a special relationship cute. We used to refer to her as Mrs. ignate a portion of California’s State because we sat beside each other on the Claus, and that’s really how she got her Route 91 in Los Angeles County as the committee, and she had come to Wash- start at being active and in under- Juanita Millender-McDonald Highway. ington in a special election about a standing that her community needed This is a very fitting tribute to our month before I came in a special elec- to be represented and that her commu- former colleague Congresswoman tion. So we had a certain kinship. nity needed to shine and that it needed Millender-McDonald. But as I sat here and I was listening to be able to grow and to be successful. Congresswoman Millender-McDonald to Ms. RICHARDSON and listening to the Therefore, the naming of this portion was a member of the Transportation minority, it’s clear that all of us had a of the 91 freeway is fitting because the and Infrastructure Committee for over tremendous respect for her. And I

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22691 thought about all of the kind things know her, somebody who may have not that a sharecropper’s daughter could that Ms. RICHARDSON said about her. been informed about who their Con- become the Chair of a major com- But one of the things that she said that gresswoman was, but hopefully some- mittee in the Congress of the United stood out for me most was that she was body would be there in their car to be States. That’s amazing, but it speaks a mentor. able to tell them the story of a great very well of her in the way she com- Around here, we come here, we do lady, a great lady who not only built ported herself, the way she had taught our work, we work hard, we give it ev- bridges, but one who also tore down herself, the accomplishments that she erything we’ve got; and I know Mr. walls, consistently tore down walls of had made during her life. Just a very DUNCAN knows what I’m talking about. separation, built bridges of unity remarkable person in every way. We give it everything we’ve got, and bringing people together as head of our The only regret I had was that she then we leave. And sometimes I guess House Administration Committee, con- never shared with me anything about we wonder how much impact we have stantly reaching out. her illness or the seriousness of her ill- had. But I think the greatest impact One of the last letters I got before ness. I believe she felt she had to carry we can have is on other people. she passed away was a letter about an that burden alone. And I would have The fact that Congresswoman issue that was very controversial, but been delighted and honored had she Millender-McDonald took Congress- she had resolved it, and it was just be- shared with me more of the details so woman RICHARDSON under her wing as fore she died. that I could help her on this journey a young staff assistant and then So to the very end—and that’s what towards death, and that I could have worked with her and considered her a they told us at her funeral, by the way, been at her side praying with her and friend, and then the next thing you they said she was working until the comforting her. know we see this young lady that is day she died. But it’s just a great delight to see Congresswoman RICHARDSON now But then she did something very im- this honor bestowed upon her. I cer- emerge as just an outstanding Member portant. She passed on the baton to a tainly hope this is an elegant highway of Congress says a lot about the effec- young lady now who turns around and that we’re dedicating to her, because it tiveness not only about Ms. Millender- says, ‘‘You know what? I am not going would be befitting of her and her ac- McDonald with regard to her legisla- to let you be forgotten.’’ complishments, and above all, her pres- tive life, that is what she did here on And this Congress is not going to let ence as a human being, that this high- the Hill, but it also says a lot about her be forgotten because her life is a way reflect her greatness, her elegance, what she did in her district and how shining example of what all our lives her ability, and her dedication to her she affected people. should be. I want to thank again all people and to this Nation. The reason I mention that, Mr. sides for making this happen. I thank you. Speaker, is because I think a lot of peo- Mr. DUNCAN. Mr. Speaker, I didn’t Mr. DUNCAN. Mr. Speaker, we have ple get very confused about what we do realize that we had any other speakers, no other speakers. here. Some people think that it’s just so I would like to either reclaim my I urge all of my colleagues to support the buildings that you have built and time or request that the gentlelady this very fitting tribute to a great all of the things that you may bring from California yield some time to the lady, our friend, Congresswoman Jua- back to your district. But the thing gentleman from Michigan (Mr. nita Millender-McDonald. that is truly lasting is not all the EHLERS). I yield back the balance of my time. buildings and all of the highways, but The SPEAKER pro tempore. Without Ms. RICHARDSON. Mr. Speaker, I it’s about building people because objection, the gentleman from Ten- yield as much time as he might con- that’s what truly lasts. nessee reclaims his time. sume to our chairman of the Transpor- I’m often reminded of a part of ‘‘The There was no objection. tation and Infrastructure Committee, Lion King,’’ which I love so much. My Mr. DUNCAN. Mr. Speaker, I then Mr. Highways himself, the gentleman kids tease me about it, but I love it. yield to the ranking member of the from Minnesota (Mr. OBERSTAR). There’s one portion of ‘‘The Lion King’’ House Administration Committee, my Mr. OBERSTAR. Mr. Speaker, there where the young lion cub says to his good friend, the gentleman from Michi- are many tributes one could establish father, ‘‘You died, and I need you, and gan (Mr. EHLERS), such time as he may for former colleagues: statues and I need you to be here with me so that consume. plaques and naming of various facili- I can talk to you and ask for advice Mr. EHLERS. I thank the gentleman ties; but for Juanita Millender-McDon- and so that you can help my through for yielding, and I thank you for the ald, a transportation artery is truly ap- my difficult times.’’ And he’s saying, accommodation. propriate, fitting, and necessary. ‘‘Where are you?’’ And then a few songs As soon as I discovered this issue was From the time she set foot in this later, it says, ‘‘He lives in you.’’ before us, I rushed to the floor so that Chamber and won a seat on the Com- I think what we’re doing here right I could participate in this discussion. mittee on Transportation and Infra- now today is a perfect example of that. I worked closely with Ms. Millender- structure, she was ceaseless in her de- Congresswoman Millender-McDonald, McDonald for several years. When I votion to transportation initiatives. If just like all of us, had to move on and was Chair, she was ranking member, I heard the term ‘‘Alameda Corridor’’ make a transition. But she was able to and when she was Chair, I was ranking once, I heard it a hundred times; if I leave someone behind to carry on her member. heard the Desmond Bridge once, I work. And she has left an impact not The word that comes to mind the sec- heard it 50 times; if I heard ‘‘freight only on the Democratic side, but our ond I think about her is ‘‘elegance.’’ transportation corridors’’ once, I heard Republican brothers and sisters, so She was a very elegant person. I mean it a thousand times. It was endless. that we can carry on that work. that in a very positive sense. I’m not And that was her passion, her devotion, I can never remember ever sitting talking just about elegance in dress, her commitment. down at a markup where Ms. elegance in bearing, but to the core of There were many other causes that Millender-McDonald did not have her being she was an elegant, wonder- Juanita Millender-McDonald cham- something to say about her district. ful human being. pioned. The gentlewoman from Cali- Ever. I used to tease her. I used to say, I enjoyed working with her. We ac- fornia, her successor, Ms. RICHARDSON, ‘‘You’re getting all the money, girl.’’ complished a lot together on the com- has already enumerated those. I will She’d say, ‘‘That’s my job.’’ mittee. We obviously had our dif- submit those in a longer statement for So I just wanted to take a moment to ferences now and then, but we always the RECORD. honor her, and I just hope that when worked through them. And what al- But I just want to take this moment, we folks drive down Highway 91, some- ways struck me as something really as we did in committee and here on the body will ask the question, ‘‘Who was wonderful about her and about our Na- floor, to pay tribute to a dear friend, a she,’’ some child who never got to tion, and to show how far we’ve come, champion of transportation causes, a

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22692 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 person with soul, with spirit, with the Integrated Deepwater Program shall uti- section (b)(1)(B), (b)(1)(C), or (b)(1)(D) may grace, with elegance who served her lize full and open competition for any acqui- have a financial interest in a subcontractor constituents and State and this Nation sition for which an outside contractor is below the tier 1 subcontractor level unless— extraordinarily well. And it is appro- used under, or in support of, the Integrated (1) the subcontractor was selected by the Deepwater Program after the date of enact- Secretary through full and open competition priate that we memorialize that serv- ment of this Act, unless otherwise excepted for such procurement; ice by this naming we are undertaking in accordance with the Competition in Con- (2) the procurement was awarded by the today. tracting Act of 1984 and the Federal Acquisi- lead systems integrator or a subcontractor Ms. RICHARDSON. Mr. Speaker, tion Regulation. through full and open competition; Congresswoman Juanita Millender- (3) NO EFFECT ON SMALL BUSINESS ACT.— (3) the procurement was awarded by a sub- McDonald was known consistently for Nothing in this subsection shall be construed contractor through a process over which the pulling off unexpected victories. As a to supersede or otherwise affect the authori- lead systems integrator or a Tier 1 subcon- staffer and now as a Member, there are ties provided by and under the Small Busi- tractor exercised no control; or ness Act (15 U.S.C. 631 et seq.). (4) the Secretary has determined that the two things I cherish most: one, Con- (b) EXCEPTIONS.— procurement was awarded in a manner con- gresswoman Juanita Millender-McDon- (1) COMPLETION OF ACQUISITIONS BY LEAD sistent with the Competition in Contracting ald, as our chairman just said, was SYSTEMS INTEGRATOR.—Notwithstanding sub- Act of 1984 and the Federal Acquisition Reg- committed to working and serving her section (a), the Secretary may use a private ulation. constituents; number two, something sector entity as a lead systems integrator for (d) RULE OF CONSTRUCTION.—The limitation she used to say to me often, ‘‘You can’t the Coast Guard— in subsection (b)(1)(A) on the quantity and throw the baby out with the bath (A) to complete any delivery order or task specific type of assets to which subsection water.’’ She had the unique ability to order that was issued to the lead systems in- (b) applies shall not be construed to apply to tegrator on or before the date that is 180 the modification of the number or type of build, nurture, and develop others, par- days after the date of enactment of this Act any subsystems or other components of a ticularly young adults . . . and the without any change in the quantity of assets vessel or aircraft described in subsection least of these. or the specific type of assets covered by the (b)(1)(B), (C), or (D). I yield back the balance of my time. order; (e) TERMINATION DATE FOR EXCEPTIONS.— The SPEAKER pro tempore. The (B) for acquisitions after the date that is Notwithstanding subsection (b), the Sec- question is on the motion offered by 180 days after the date of enactment of this retary may not use a private sector entity as the gentlewoman from California (Ms. Act of, or in support of, the HC–130J aircraft, a lead systems integrator for acquisitions RICHARDSON) that the House suspend the HH–65 aircraft, and the C4ISR system if under, or in support of, the Integrated Deep- the rules and pass the bill, H.R. 4131. the requirements of subsection (c) are met water Program after the earlier of— with respect to such acquisitions; (1) September 30, 2011; or The question was taken. (2) the date on which the Secretary cer- The SPEAKER pro tempore. In the (C) for acquisitions after the date that is 180 days after the date of enactment of this tifies in writing to the appropriate congres- opinion of the Chair, two-thirds being Act of, or in support of, National Security sional committees that the Coast Guard has in the affirmative, the ayes have it. Cutters or Maritime Patrol Aircraft under available and can retain sufficient con- Mr. DUNCAN. Mr. Speaker, I object contract or order for construction as of the tracting personnel and expertise within the to the vote on the ground that a date that is 180 days after the date of enact- Coast Guard, through an arrangement with quorum is not present and make the ment of this Act, if the requirements of sub- other Federal agencies, or through contracts point of order that a quorum is not section (c) are met with respect to such ac- or other arrangements with private sector present. quisitions; and entities, to perform the functions and re- The SPEAKER pro tempore. Pursu- (D) for the acquisition, or in support, of ad- sponsibilities of the lead system integrator in an efficient and cost-effective manner. ant to clause 8 of rule XX and the ditional National Security Cutters or Mari- time Patrol Aircraft if the Secretary deter- SEC. 103. REQUIRED CONTRACT TERMS. Chair’s prior announcement, further mines that— (a) IN GENERAL.—The Secretary shall en- proceedings on this motion will be (i) the acquisition is in accordance with sure that any contract, delivery order, or postponed. the Competition in Contracting Act of 1984 task order for an acquisition under, or in The point of no quorum is considered and the Federal Acquisition Regulation; support of, the Integrated Deepwater Pro- withdrawn. (ii) the acquisition and the use of a private gram executed by the Secretary after the f sector entity as a lead systems integrator for date of enactment of this Act— the acquisition is in the best interest of the (1) provides that all certifications for Inte- INTEGRATED DEEPWATER Federal Government; and grated Deepwater Program procurements PROGRAM REFORM ACT OF 2008 (iii) the requirements of subsection (c) are will be conducted by the Secretary or an Mr. OBERSTAR. Mr. Speaker, I move met with respect to such acquisition. independent third party, and that self-cer- (2) AWARDS TO TIER 1 SUBCONTRACTORS.— tification by the contractor or subcontractor to suspend the rules and pass the bill The Secretary may award to any Tier 1 sub- is not allowed; (H.R. 6999) to restructure the Coast contractor or subcontractor below the Tier 1 (2) provides that the Commandant shall Guard Integrated Deepwater Program, level any acquisition that the Secretary conduct a technical review of all proposed and for other purposes, as amended. could award to a lead systems integrator designs, design changes, and engineering The Clerk read the title of the bill. under paragraph (1). changes and requires that the contractor ad- The text of the bill is as follows: (3) REPORT ON DECISION-MAKING PROCESS.— dress all design and engineering concerns H.R. 6999 If the Secretary determines under paragraph identified in the technical reviews; (1)(B), (1)(C), or (1)(D) that the Coast Guard (3) requires that the Commandant shall Be it enacted by the Senate and House of Rep- will use a private sector lead systems inte- maintain the authority to establish, ap- resentatives of the United States of America in grator for an acquisition, the Secretary shall prove, and maintain technical requirements; Congress assembled, notify in writing the appropriate congres- (4) requires that any measurement of con- TITLE I—INTEGRATED DEEPWATER sional committees of the Secretary’s deter- tractor and subcontractor performance be PROGRAM mination and shall provide a detailed ration- based on the status of all work performed, SEC. 101. SHORT TITLE. ale for the determination, at least 30 days including the extent to which the work per- This title may be cited as the ‘‘Integrated before the award of a contract, delivery formed met all cost, schedule, and mission Deepwater Program Reform Act of 2008’’. order, or task order using a private sector performance requirements; SEC. 102. PROCUREMENT STRUCTURE. lead systems integrator, including a com- (5) specifies that, for the acquisition or up- (a) IN GENERAL.— parison of the cost of the acquisition grade of air, surface, or shore assets for (1) USE OF LEAD SYSTEMS INTEGRATOR.—Ex- through the private sector lead systems inte- which compliance with TEMPEST certifi- cept as provided in subsection (b), the Sec- grator with the expected cost if the acquisi- cation is a requirement, the standard for de- retary may not use a private sector entity as tion were awarded directly to the manufac- termining such compliance will be the air, a lead systems integrator for acquisitions turer or shipyard. surface, or shore asset standard then used by under, or in support of, the Integrated Deep- (c) LIMITATION ON LEAD SYSTEMS INTEGRA- the Department of the Navy for that type of water Program after the end of the 180-day TORS.—Neither an entity performing lead asset; and period beginning on the date of enactment of systems integrator functions for an acquisi- (6) for any contract issued to acquire an this Act. tion under, or in support of, the Integrated Offshore Patrol Cutter, includes provisions (2) FULL AND OPEN COMPETITION.—The Sec- Deepwater Program, nor a Tier 1 subcon- specifying the service life, fatigue life, and retary and the lead systems integrator for tractor, for any acquisition described in sub- days underway in general Atlantic and North

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Pacific Sea conditions, maximum range, and (d) TEMPEST TESTING.—The Secretary shall (3) a description of any operational restric- maximum speed the cutter will be built to cause all electronics on all aircraft, surface, tions that would have to be applied to either achieve. and shore assets that require TEMPEST cer- National Security Cutters 1 or 2 if the pro- (b) PROHIBITED CONTRACT PROVISIONS.—The tification and that are delivered after the posed hull strengthening measures were not Secretary shall ensure that any contract, de- date of enactment of this Act to be tested in implemented on either cutter. livery order, or task order for acquisition accordance with TEMPEST standards and SEC. 106. IMPROVEMENTS IN COAST GUARD MAN- under, or in support of, the Integrated Deep- communication security (COMSEC) stand- AGEMENT. water Program executed by the Secretary ards by an independent third party that is (a) INTEGRATED PRODUCT TEAMS.—Inte- after the date of enactment of this Act does authorized by the Federal Government to grated product teams, and all teams that not include— perform such testing and certify that the oversee integrated product teams, shall be (1) provisions that commit the Secretary asset meets all applicable TEMPEST re- chaired by officers, members, or employees without express written approval by the Sec- quirements. of the Coast Guard. retary; or (e) NATIONAL SECURITY CUTTER.—The Sec- (b) DEEPWATER TECHNICAL AUTHORITY.— (2) any provision allowing for equitable ad- retary shall cause the design and construc- The Commandant shall maintain or des- justment that differs from the Federal Ac- tion of each National Security Cutter, other ignate the technical authority to establish, quisition Regulation. than National Security Cutter 1 and 2, to be approve, and maintain technical require- (c) EXTENSION OF PROGRAM.—Any contract, certified by an independent third party with ments for the Integrated Deepwater Pro- contract modification, or award term ex- expertise in vessel design and construction tending the existing Integrated Deepwater gram. Any such designation shall be given in certification. Program contract term, as signed in May writing and may not be delegated to the au- (f) AIRCRAFT AIRWORTHINESS.—The Sec- 2006 and modified in June 2007— thority of the Chief Acquisition Officer es- retary shall cause all aircraft and aircraft (1) shall not include any minimum require- tablished by section 55 of title 14, United engines acquired by the Coast Guard and de- ments for the purchase of a given or deter- States Code. livered after the date of enactment of this minable number of specific assets; and (c) ENSURING ADEQUATE PERSONNEL.—The Act to be certified for airworthiness by an (2) shall be reviewed by the Under Sec- Secretary shall ensure that sufficient con- independent third party with expertise in retary of Defense for Acquisition, Tech- tracting officers, contracting specialists, and aircraft and aircraft engine certification, be- nology, and Logistics through the Defense technical and financial management special- fore acceptance of delivery. Acquisition University and the results of ists (including earned value experts) are (g) CERTIFICATIONS.— that review shall be submitted to the appro- available to execute each contract issued (1) After the date of enactment of this Act, priate congressional committees at least 60 under the Integrated Deepwater Program. a contract, delivery order, or task order ex- days prior to the award of the contract, con- (d) ACQUISITIONS WORKFORCE POLICY.—The ceeding $10,000,000 for an acquisition under, tract modification, or award term. Secretary shall review all policies estab- or in support of, the Coast Guard’s Inte- lished for the Coast Guard’s acquisitions SEC. 104. TESTING AND CERTIFICATION. grated Deepwater Program may not be exe- (a) EARLY OPERATIONAL ASSESSMENT.— workforce to ensure that they are designed cuted by the Coast Guard until the Secretary (1) For any major asset type acquired for to provide for the selection of the best quali- certifies that— the Coast Guard after the date of enactment fied individual for a position, consistent with (A) appropriate market research has been of this Act other than the National Security other applicable law, and promote the estab- conducted prior to technology development Cutter and the Maritime Patrol Aircraft, the lishment and maintenance of a balanced to reduce duplication of existing technology Secretary shall cause an early operational workforce in which women and members of and products; assessment to be completed on the design for racial and ethnic minority groups are appro- (B) the technology has been demonstrated that asset type. priately represented in Government service. to the maximum extent practicable in a rel- (2) The early operational assessment shall (e) CAREER PATHS.—The Secretary shall evant environment; be conducted by an independent third party ensure that appropriate career paths for ci- (C) the technology demonstrates a high with relevant expertise in conducting early vilian and military personnel who wish to likelihood of accomplishing its intended mis- operational assessments on the asset type pursue careers in acquisitions are identified sion; for which the assessment is being performed in terms of the education, training, experi- (D) funding is available to execute the con- or by the Coast Guard acting in collabora- ence, and assignments necessary for career tract, delivery order, or task order; and tion with an independent third party with progression of civilians and members of the (E) the technology complies with all rel- relevant expertise in conducting early oper- Coast Guard to the most senior acquisitions evant policies, regulations, and directives of ational assessments on the asset type for positions. The Secretary shall make avail- the Coast Guard. which the assessment is being performed. able published information on such career (2) The Secretary shall transmit a copy of (3) The result of this assessment shall be paths. each certification required under subsection submitted to the appropriate congressional (f) BALANCED WORKFORCE POLICY.—In the (g) to the appropriate congressional commit- committees at least 90 days prior to the ini- development of acquisition workforce poli- tees within 30 days after the completion of tiation of any construction activity utilizing cies with respect to any civilian employees the certification. the proposed design. or applicants for employment, the Secretary (h) LIMITATION.—Nothing in this section (4) The Secretary shall also submit a re- shall, consistent with the merit system prin- shall prevent the Secretary from executing port describing the steps taken to mitigate ciples set out in paragraphs (1) and (2) of sec- contracts or issuing delivery orders or task the risks identified by the early operational tion 2301(b) of title 5, United States Code, orders for research and development or tech- assessment conducted under this section in promote a balanced workforce in which nology demonstrations under, or in support the design on which construction is to begin women and members of racial and ethnic mi- of, the Integrated Deepwater Program. at least 30 days prior to the initiation of any nority groups are appropriately represented construction utilizing the proposed design. SEC. 105. NATIONAL SECURITY CUTTER. in Government service. (b) ASSESSMENT OF OPERATIONAL CAPA- Not later than 90 days before the Coast (g) GUIDANCE ON TENURE AND ACCOUNT- BILITY.— Guard signs any contract, delivery order, or ABILITY OF PROGRAM MANAGERS.— (1) The Secretary shall cause the first in task order to strengthen the hull of either of (1) ISSUANCE OF GUIDANCE.—Not later than class of a major asset acquisition of a cutter National Security Cutter 1 or 2 to resolve one year after the date of the enactment of or an aircraft by the Coast Guard to be sub- the structural design and performance issues this Act, the Secretary shall issue guidance jected to an assessment of operational capa- identified in the Department of Homeland for major systems acquisition programs to bility conducted by an independent third Security Inspector General’s report OIG–07– address the qualifications, resources, respon- party with relevant expertise in the asset 23 dated January 2007, the Secretary shall sibilities, tenure, and accountability of pro- type or by the Coast Guard in collaboration submit to the appropriate congressional gram managers for the management of major with an independent third party with rel- committees all results of an assessment of systems acquisitions. The guidance issued evant expertise in the asset type. the proposed hull strengthening design con- pursuant to this subsection shall address, at (2) The result of the assessment conducted ducted by the Coast Guard, in conjunction a minimum— under this subsection shall be submitted to with the Naval Surface Warfare Center, (A) the qualifications that shall be re- the appropriate congressional committees at Carderock Division, including— quired of program managers, including the least 45 days prior to acceptance of the asset. (1) a description in detail of the extent to number of years of acquisitions experience (c) CUTTER CLASSIFICATION.—The Secretary which the hull strengthening measures to be and the professional training levels to be re- shall cause each cutter, other than a Na- implemented on those cutters will enable the quired of those appointed to program man- tional Security Cutter, acquired by the cutters to meet contract and performance re- agement positions; Coast Guard and delivered after the date of quirements; (B) authorities available to the program enactment of this Act to be classed by the (2) a cost benefit analysis of the proposed manager, including, to the extent appro- American Bureau of Shipping, before accept- hull strengthening measures for National Se- priate, the authority to object to the addi- ance of delivery. curity Cutters 1 and 2; and tion of new program requirements that

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22694 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 would be inconsistent with the parameters ‘‘(1) monitoring the performance of pro- (A) revise and update the Integrated Deep- established for an acquisitions program; and grams on the basis of applicable performance water Program’s project management plan (C) the extent to which a program manager measurements and advising the Com- within 180 days after the date of enactment who initiates a new program will continue in mandant, through the Vice Commandant of of this Act, in accordance with the require- management of that program without inter- the Coast Guard, regarding the appropriate ments of subsection (d); ruption until the delivery of the first produc- business strategy to achieve the missions of (B) issue new or updated acquisition plans tion units of the program. the Coast Guard; and acquisition program baselines for each (2) STRATEGY.— ‘‘(2) increasing the use of full and open asset class under the Integrated Deepwater (A) IN GENERAL.—Not later than 18 months competition in the acquisition of property Program, in accordance with the require- after the date of enactment of this Act, the and services by the Coast Guard by estab- ments of subsection (e); and Secretary shall develop a comprehensive lishing policies, procedures, and practices (C) transmit copies thereof to the appro- strategy for enhancing the role of Coast that ensure that the Coast Guard receives a priate congressional committees. sufficient number of sealed bids or competi- Guard program managers in developing and (2) USE OF ALTERNATIVES ANALYSIS.—The tive proposals from responsible sources to carrying out acquisition programs. Secretary shall base the revisions and plans fulfill the Government’s requirements, in- (B) MATTERS TO BE ADDRESSED.—The strat- on the February 2008 Integrated Deepwater cluding performance and delivery schedules, egy required by this section shall address, at System Alternatives Analysis prepared for at the lowest cost or best value considering a minimum— the United States Coast Guard by an inde- the nature of the property or service pro- (i) the creation of a specific career path pendent consulting organization. and career opportunities for program man- cured; agers, including the rotational assignments ‘‘(3) making acquisition decisions in con- (b) ALTERNATIVES ANALYSES.— that will be provided to program managers; currence with the technical authority of the (1) IN GENERAL.—No acquisition of an ex- (ii) the provision of enhanced training and Coast Guard, as designated by the Com- perimental, technically immature, or first- educational opportunities for program man- mandant, and consistent with all other ap- in-class major asset may be made under the agers; plicable laws and decisions establishing pro- Integrated Deepwater Program unless an al- (iii) the provision of mentoring support to cedures within the Coast Guard; ternatives analysis was conducted for such current and future program managers by ex- ‘‘(4) ensuring the use of detailed perform- asset during the concept and technology de- perienced senior executives and program ance specifications in instances in which per- velopment phase. Such analyses shall be con- managers within the Coast Guard, including formance based contracting is used; ducted by a federally funded research and de- through rotational assignments to the De- ‘‘(5) making acquisition decisions con- velopment center, a qualified entity of the partment of Defense; sistent with all applicable laws and decision Department of Defense, or a similar inde- (iv) the methods by which the Coast Guard making procedures within the Coast Guard; pendent third party entity that has appro- will collect and disseminate best practices ‘‘(6) managing the direction of acquisition priate acquisition expertise. Such alter- and lessons learned on systems acquisitions policy for the Coast Guard, including imple- natives analyses shall include— to enhance program management through- mentation of the unique acquisition policies, (A) an examination of capability, inter- out the Coast Guard; regulations, and standards of the Coast operability, and other advantages and dis- (v) the templates and tools that will be Guard; advantages; ‘‘(7) developing and maintaining an acqui- used to support improved data gathering and (B) an evaluation of whether different sition career management program in the analysis for program management and over- quantities of specific assets could meet the Coast Guard to ensure that there is an ade- sight purposes, including the metrics that Coast Guard’s overall performance needs; quate professional work force; and will be utilized to assess the effectiveness of (C) a discussion of key assumptions and ‘‘(8) as part of the strategic planning and Coast Guard program managers in managing variables, and sensitivity to changes in such performance evaluation process required systems acquisitions efforts; assumptions and variables; under section 306 of title 5 and sections (vi) a description in detail of how the Coast (D) an assessment of technology risk and 1105(a)(28), 1115, 1116, 10 and 9703 of title 31— Guard will promote a balanced workforce in ‘‘(A) assessing the requirements estab- maturity; which women and members of racial and eth- lished for Coast Guard personnel regarding (E) an evaluation of relevant safety and nic minority groups are appropriately rep- knowledge and skill in acquisition resources performance records; resented in Government service; and and management and the adequacy of such (F) a calculation of costs, including life (vii) the methods by which the account- requirements for facilitating the achieve- cycle costs; ability of program managers for the results ment of the performance goals established (G) a business case of viable alternatives; of acquisition programs will be increased. for acquisition management; (H) an examination of likely research and (3) REPORT BY COMPTROLLER GENERAL.—Not ‘‘(B) in order to rectify any deficiency in development costs and the levels of uncer- later than 2 years after the date of enact- meeting such requirements, developing tainty associated with such estimated costs; ment of this Act, the Comptroller General strategies and specific plans for hiring, (I) an examination of likely production and shall submit to the appropriate congres- training, and professional development; and deployment costs and the levels of uncer- sional committees a report on the actions ‘‘(C) reporting to the Commandant, tainty associated with such estimated costs; taken by the Secretary to implement the re- through the Vice Commandant, on the (J) an examination of likely operating and quirements of this subsection, including the progress made in improving acquisition man- support costs and the levels of uncertainty strategies that are required to be developed agement capability.’’. associated with such estimated costs; by this subsection. (b) APPLICATION OF QUALIFICATION REQUIRE- (K) if they are likely to be significant, an SEC. 107. CHIEF ACQUISITION OFFICER. MENT.—Section 55(b) of title 46, United examination of likely disposal costs and the (a) IN GENERAL.—Chapter 3 of title 14, States Code, as amended by this section, levels of uncertainty associated with such United States Code, is amended by adding at shall apply beginning October 1, 2011. estimated costs; the end the following: (c) CLERICAL AMENDMENT.—The table of (L) an analysis of the risks to production ‘‘§ 55. Chief Acquisition Officer sections at the beginning of such chapter is cost, schedule, and life-cycle cost resulting amended by adding at the end the following: ‘‘(a) ESTABLISHMENT OF AGENCY CHIEF AC- from the experimental, technically imma- QUISITION OFFICER.—There shall be in the ‘‘55. Chief Acquisition Officer.’’. ture nature of the systems under consider- Coast Guard a Chief Acquisitions Officer se- (d) SPECIAL RATE SUPPLEMENTS.— ation; and lected by the Commandant who shall be a (1) REQUIREMENT TO ESTABLISH.—Not later (M) such additional measures the Sec- Rear Admiral or civilian from the Senior Ex- than 1 year after the date of enactment of retary determines to be necessary for appro- ecutive Service (career reserved) and who this Act and in accordance with part 9701.333 priate evaluation of the asset. meets the qualifications set forth under sub- of title 5, Code of Federal Regulations, the (c) FUTURE REVISIONS.—The Secretary section (b). The Chief Acquisitions Officer Secretary shall establish special rate supple- shall serve at the Assistant Commandant ments that provide higher pay levels for em- shall— level and have acquisition management as ployees necessary to carry out the amend- (1) notify each of the appropriate congres- that individual’s primary duty. ment made by this section. sional committees whenever an alternatives ‘‘(b) QUALIFICATIONS.—The Chief Acquisi- (2) SUBJECT TO APPROPRIATIONS.—The re- analysis or revision of an alternatives anal- tion Officer shall be a certified acquisition quirement under paragraph (1) is subject to ysis under the Integrated Deepwater Pro- professional with a program manager level the availability of appropriations. gram are initiated under this title; III certification and must have at least 10 SEC. 108. INTEGRATED DEEPWATER PROGRAM (2) transmit a copy of the Integrated Deep- years experience in an acquisition position. PLANS. water Program’s project management plan, ‘‘(c) AUTHORITY AND FUNCTIONS OF THE (a) IN GENERAL.— acquisition plans, or acquisition program CHIEF ACQUISITION OFFICER.—The functions (1) REVISED INTEGRATED DEEPWATER PRO- baselines to each of the appropriate congres- of the Chief Acquisition Officer shall in- GRAM PLANS AND ACQUISITION PROGRAM.—The sional committees whenever any such docu- clude— Secretary shall— ment is created or revised; and

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22695 (3) maintain a historical file containing, (C) a summary of findings of all alter- (C) an updated total acquisition cost and and make available to each of the appro- natives analyses completed or revised during the complete history of changes to the origi- priate congressional committees, upon re- the previous fiscal year under the Integrated nal cost estimate described in the plan sub- quest, copies of each version of those docu- Deepwater Program; mitted under section 108(e); ments as they are revised. (D) an updated development schedule for (D) the updated acquisition schedule and (d) PROJECT MANAGEMENT PLAN.—The re- each asset and asset class, including esti- the complete history of changes to the origi- vised project management plan required by mated annual costs until development is nal schedule described in the plan submitted subsection (a)(1) shall include the following: completed; under section 108(e); (1) An analysis and risk assessment of the (E) an updated acquisition schedule for (E) a full life-cycle cost analysis for the technology risks and level of maturity for each asset and asset class, including esti- asset or class of assets; major technologies used on all classes of mated annual costs and units to be procured (F) a remediation plan identifying correc- asset acquisitions under the Integrated until acquisition is completed; tive actions and any resulting issues or Deepwater Program, including the National (F) an updated projection of the remaining risks; and Security Cutter, fast response cutter, off- operational lifespan of each legacy asset and (G) a description of how progress in the re- shore patrol cutter, the vertical unmanned projected costs for sustaining such assets; mediation plan will be measured and mon- aerial vehicle, maritime patrol aircraft, HC– (G) a breakdown of the percentage of the itored. 130J aircraft, and C4ISR systems. total amount of funds expended on acquisi- (3) SUBSTANTIAL VARIANCES IN COSTS OR (2) A description of how the Coast Guard tions under the Integrated Deepwater Pro- SCHEDULE.—If a likely cost overrun is greater plans to utilize arrangements with the De- gram during the previous fiscal year that has than 20 percent or a likely delay is greater partment of Defense for support in con- been paid to each of small businesses, so- than 12 months from the schedule and costs tracting and management of acquisitions cially and economically disadvantaged small described in the acquisition program base- under the Integrated Deepwater Program business concerns eligible for assistance line total acquisition cost for that individual and to seek opportunities to leverage off of under section 8(a) of the Small Business Act asset or class of assets, the Secretary shall Department of Defense contracts, and con- (15 U.S.C. 637(a)), minority-owned businesses, include in the report a written certification, tracts of other appropriate agencies, to ob- women-owned businesses, and service dis- with a supporting explanation, that— tain the best possible price for Integrated abled veteran-owned businesses; (A) the asset or asset class is essential to Deepwater Program assets. (H) information on the status of agree- the accomplishment of Coast Guard mis- (3) A life-cycle cost estimate for the Inte- ments and progress of other arrangements sions; grated Deepwater Program which shall in- with the Department of Defense for support (B) there are no alternatives to such asset clude asset acquisition and logistics support in contracting and management of acquisi- or asset class which will provide equal or decisions and planned operational tempo and tions under the Integrated Deepwater Pro- greater capability in both a more cost-effec- locations. gram required by section 110 of this Act and tive and timely manner; (4) Any other information the Secretary the updated project management plan as re- (C) the new acquisition schedule and esti- deems necessary. quired by section 108(a) of this Act; mates for total acquisition cost are reason- (e) ACQUISITION PROGRAM BASELINE.— (I) an update on the Secretary’s progress in able; and (1) IN GENERAL.—The new acquisition pro- meeting goals for the development of the ac- (D) the management structure for the ac- gram baselines required by subsection (a)(1) quisition program described in the Blueprint quisition program is adequate to manage and shall include— for Acquisition Reform, and required by this control costs, schedule, and performance. (A) a plan for the acquisition, and the title, including staffing levels and profes- (4) CERTIFIED ASSETS AND ASSET CLASSES.— schedule and costs for delivery of such acqui- sional development; If the Secretary certifies an asset or asset sitions; (J) a financial accounting of the Integrated class under paragraph (3), the requirements (B) a lifecycle cost estimate that includes Deepwater Program as of the end of the fis- of this sub-section shall be met based on the asset acquisition and logistics support deci- cal year, which shall include a balance sheet, new estimates of cost and schedule contained sions and planned operational tempo and lo- statement of net cost, statement of changes in that certification. cations; and in net position, and statement of budgetary (c) REPORT ON INTEGRATED DEEPWATER (C) such other information as the Sec- resources of the Program; PROGRAM C4ISR.— retary deems necessary. (K) an update on the status of efforts to en- (1) INDEPENDENT ASSESSMENT.—Not later (2) OFFSHORE PATROL CUTTER.—When an ac- hance the role of Coast Guard program man- than 3 months after the date of enactment of quisition program baseline is completed for agers in developing and carrying out acquisi- this Act, the Secretary shall enter into an the offshore patrol cutter following an alter- tions programs and efforts to promote a bal- arrangement with the National Research natives analysis for that asset class, the ac- anced workforce in which women and mem- Council of the National Academy of Sciences quisition program baseline shall include a bers of racial and ethnic minority groups are to conduct a study to assess the Coast detailed statement of the service life, fatigue appropriately represented in Government Guard’s Integrated Deepwater Program life, maximum range, maximum speed, and service; and C4ISR systems and acquisition plans. This number of days underway under general At- (L) such additional information as the Sec- study shall include an examination of— lantic and North Pacific Sea conditions the retary deems necessary for updating Con- (A) the Coast Guard’s current and planned cutter will be built to achieve. The offshore gress on the progress of the Integrated Deep- Integrated Deepwater Program C4ISR capa- patrol cutter’s acquisition program baseline water Program. bilities and architecture; shall be completed and transmitted to each (b) COST OVERRUNS AND DELAYS.— (B) the adequacy of the Integrated Deep- of the appropriate congressional committees (1) IN GENERAL.—The Secretary shall sub- water Program C4ISR acquisition’s Informa- not less than 90 days before the Secretary mit a report to the appropriate congressional tion Technology requirements; issues a request for proposals for construc- committees as soon as possible, but not later (C) whether the planned Integrated Deep- tion of an offshore patrol cutter. than 30 days, after the Deepwater Program water Program C4ISR systems are suffi- SEC. 109. REPORTS. Executive Officer becomes aware of the ciently adaptable to meet the needs of the (a) ANNUAL REPORT.— breach of an acquisition program baseline Coast Guard’s mission requirements; (1) IN GENERAL.—Within 45 days after the under the Integrated Deepwater Program (D) whether the planned Integrated Deep- end of each fiscal year, the Secretary shall by— water Program C4ISR systems facilitate fu- submit a comprehensive annual report on (A) a likely cost overrun greater than 8 ture upgrades as C4ISR technology advances; the progress of the Integrated Deepwater percent of the acquisition program baseline and Program to the appropriate congressional total acquisition cost for that individual (E) the adequacy of the Coast Guard’s or- committees. asset or a class of assets; ganizational, personnel, and training sys- (2) SCOPE.—At a minimum, the report shall (B) a likely delay of more than 180 days in tems for acquiring, utilizing, and sustaining include— the delivery schedule for any individual Integrated Deepwater Program C4ISR sys- (A) an outline and description of all asset or class of assets; or tems. changes to the Integrated Deepwater Pro- (C) an anticipated failure for any indi- (d) PATROL BOAT REPORT.—Not later than gram’s project management plan during the vidual asset or class of assets to satisfy any 120 days after the date of enactment of this previous fiscal year; key performance threshold or parameter Act, the Secretary shall submit to the appro- (B) an outline and description of all under the Integrated Deepwater Program ac- priate congressional committees a report on changes to acquisition plans and acquisition quisition program baseline. how the Coast Guard plans to manage the program baselines for all Integrated Deep- (2) CONTENT.—The report submitted under annual readiness gap of lost time for 110-foot water Program asset acquisitions during the paragraph (1) shall include patrol boats from fiscal year 2009 through previous fiscal year, including all updates to (A) a detailed description of the breach and fiscal year 2015. The report shall include— life cycle cost estimates, acquisition cost es- an explanation of its cause; (1) a description of the mission perform- timates, schedule changes, and changes in (B) the projected impact to cost, schedule ance gap detailing the geographic regions asset performance requirements; and performance; and Coast Guard capabilities affected;

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22696 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 (2) a summary of the patrol hours that will the Navy to obtain the assistance of the Of- SEC. 112. ELIGIBLE EMPLOYEES IN THE REC- be lost due to delays in replacing the 110-foot fice of the Assistant Secretary of the Navy REATIONAL MARINE INDUSTRY. cutters and lost capabilities of the 110-foot for Research, Development, and Acquisition, Section 2(3)(F) of the Longshore and Har- cutters that have been converted; including the Navy Systems Commands, bor Workers’ Compensation Act (33 U.S.C. 902(3)(F)) is amended— (3) an analysis of factors affecting the mis- with the oversight of Coast Guard major ac- (1) by striking ‘‘, repair or dismantle’’; and sion performance gap that are unrelated to quisition programs. Such memorandum of the Integrated Deepwater Program, includ- (2) by striking the semicolon and inserting understanding or memorandum of agreement ing deployment of Coast Guard assets over- ‘‘, or individuals employed to repair any rec- shall, at a minimum, provide for— seas and continuous vessel shortages; reational vessel, or to dismantle any part of (1) the exchange of technical assistance (4) an identification of assets that are a recreational vessel in connection with the and support that the Coast Guard Chief Ac- being used or may be used to alleviate the repair of such vessel;’’. quisition Officer, Coast Guard Chief Engi- annual readiness gap of lost time for such TITLE II—SUBMERSIBLE VESSELS AND neer, and the Coast Guard Chief Information patrol boats, including any acquisition or SEMI-SUBMERSIBLE VESSELS Officer may identify; lease considered and the reasons they were (2) the use, as appropriate, of Navy tech- SEC. 201. SHORT TITLE. not pursued; nical expertise; and This title may be cited as the ‘‘Drug Traf- (5) in cases where Coast Guard assets are (3) the temporary assignment or exchange ficking Vessel Interdiction Act of 2008’’. used more heavily to alleviate the readiness of personnel between the Coast Guard and Subtitle A—Criminal Prohibition gap, an assessment of the estimated addi- the Office of the Assistant Secretary of the tional maintenance costs incurred and asset SEC. 211. FINDINGS AND DECLARATIONS. Navy for Research, Development, and Acqui- lifespan lost due to the increased use of such Congress finds and declares that operating sition, including Naval Systems Commands, assets; or embarking in a submersible vessel or to facilitate the development of organic ca- (6) a projection of the remaining oper- semi-submersible vessel without nationality pabilities in the Coast Guard. ational lifespan of the 110-foot patrol boat and on an international voyage is a serious fleet; (c) TECHNICAL AUTHORITIES.—The technical international problem, facilitates (7) a description of how extending through authority established under section 106(b) transnational crime, including drug traf- fiscal year 2015 the transfer agreement be- shall adopt, to the extent practicable, proce- ficking, and terrorism, and presents a spe- tween the Coast Guard and the United States dures that are similar to those used by the cific threat to the safety of maritime naviga- Navy for 3 Cyclone class 179-foot patrol Navy Senior Acquisition Official to approve tion and the security of the United States. coastal ships would affect the annual readi- all technical requirements. SEC. 212. OPERATION OF SUBMERSIBLE VESSEL ness gap of lost time for 110-foot patrol OR SEMI-SUBMERSIBLE VESSEL boats; and (d) ASSESSMENT.—Within 180 days after the WITHOUT NATIONALITY. (8) an estimate of the cost to extend the date of enactment of this Act, the Comp- (a) IN GENERAL.—Chapter 111 of title 18, operational lifespan of the 110-foot patrol troller General shall transmit a report to the United States Code, is amended by adding at boat fleet for each of fiscal years 2008 appropriate congressional committees that— the end the following new section: through 2015. (1) contains an assessment of current Coast ‘‘§ 2285. Operation of submersible vessel or (e) ACQUISITIONS WORKFORCE REPORT.— Guard acquisition and management capabili- semi-submersible vessel without nation- Within 4 months after the date of enactment ties to manage acquisitions under or in sup- ality of this Act, the Secretary shall report on the port of the Integrated Deepwater Program; ‘‘(a) OFFENSE.—Whoever knowingly oper- development of the acquisitions office within (2) includes recommendations as to how ates, or attempts or conspires to operate, by the Coast Guard, describing the specific the Coast Guard can improve its acquisition any means, or embarks in any submersible staffing structure for that directorate, in- management, either through internal re- vessel or semi-submersible vessel that is cluding— forms or by seeking acquisition expertise without nationality and that is navigating (1) identification of all acquisitions posi- from the Department of Defense; and or has navigated into, through, or from wa- tions proposed as part of the office, the func- (3) addresses specifically the question of ters beyond the outer limit of the territorial tions that each managerial position will fill, whether the Coast Guard can better leverage sea of a single country or a lateral limit of and the number of employees each manager Department of Defense or other agencies’ that country’s territorial sea with an adja- will supervise; and contracts that would meet the needs of the cent country, with the intent to evade detec- (2) a formal organizational chart and iden- Integrated Deepwater Program in order to tion, shall be fined under this title, impris- tification of when managerial positions are obtain the best possible price. oned not more than 15 years, or both. to be filled. SEC. 111. DEFINITIONS. ‘‘(b) EVIDENCE OF INTENT TO EVADE DETEC- (f) ELEVATION OF DISPUTES TO THE CHIEF TION.—For purposes of subsection (a), the ACQUISITION OFFICER.—Within 30 days after In this title, the following definitions presence of any of the indicia described in the elevation to the Chief Acquisition Officer apply: paragraph (1)(A), (E), (F), or (G), or in para- of any design or other dispute regarding the (1) APPROPRIATE CONGRESSIONAL COMMIT- graph (4), (5), or (6), of section 70507(b) of Integrated Deepwater Program contract or TEES.—The term ‘‘appropriate congressional title 46 may be considered, in the totality of an item to be acquired under that contract, committees’’ means the Committees on the circumstances, to be prima facie evi- the Secretary shall provide to the appro- Transportation and Infrastructure and dence of intent to evade detection. priate congressional committees a detailed Homeland Security of the House of Rep- ‘‘(c) EXTRATERRITORIAL JURISDICTION.— description of the issue and the rationale un- resentatives and the Committee on Com- There is extraterritorial Federal jurisdiction derlying the decision taken by the Chief Ac- merce, Science, and Transportation of the over an offense under this section, including quisition Officer to resolve the issue. Senate. an attempt or conspiracy to commit such an (g) AMENDMENT OF 2006 ACT.—Section 408(a) (2) INTEGRATED DEEPWATER PROGRAM.—The offense. of the Coast Guard and Maritime Transpor- term ‘‘Integrated Deepwater Program’’ ‘‘(d) CLAIM OF NATIONALITY OR REGISTRY.— tation Act of 2006 is amended— means the Integrated Deepwater Systems A claim of nationality or registry under this (1) by striking paragraphs (1) and (3); and Program described by the Coast Guard in its section includes only— (2) by redesignating paragraphs (2) and (4) Report to Congress on Revised Deepwater ‘‘(1) possession on board the vessel and pro- through (8) as paragraphs (1) through (6), re- Implementation Plan, dated March 25, 2005, duction of documents evidencing the vessel’s spectively. including any subsequent modifications, re- nationality as provided in article 5 of the SEC. 110. DEPARTMENT OF DEFENSE CONSULTA- visions, or restatements of the Program. The 1958 Convention on the High Seas; TION. Integrated Deepwater Program includes the ‘‘(2) flying its nation’s ensign or flag; or (a) IN GENERAL.—The Secretary shall make procurement, development, production, ‘‘(3) a verbal claim of nationality or reg- arrangements as appropriate with the Sec- sustainment, modification, conversion, and istry by the master or individual in charge of retary of Defense for support in contracting missionization of C4ISR and of cutter and the vessel. and management of acquisitions under the aviation assets that operate more than 50 ‘‘(e) AFFIRMATIVE DEFENSES.— Integrated Deepwater Program. The Coast miles offshore. ‘‘(1) IN GENERAL.—It is an affirmative de- Guard shall also seek opportunities to lever- (3) LIFE-CYCLE COST.—The term ‘‘life-cycle fense to a prosecution for a violation of sub- age off of Department of Defense contracts, cost’’ means all costs for development, pro- section (a), which the defendant has the bur- and contracts of other appropriate agencies, curement, construction, and operations and den to prove by a preponderance of the evi- to obtain the best possible price for Inte- support for a particular asset, without re- dence, that the submersible vessel or semi- grated Deepwater Program assets. gard to funding source or management con- submersible vessel involved was, at the time (b) INTER-SERVICE TECHNICAL ASSIST- trol. of the offense— ANCE.—The Secretary may enter into a (4) SECRETARY.—The term ‘‘Secretary’’ ‘‘(A) a vessel of the United States or law- memorandum of understanding or a memo- means the Secretary of the department in fully registered in a foreign nation as randum of agreement with the Secretary of which the Coast Guard is operating. claimed by the master or individual in

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22697 charge of the vessel when requested to make such use is part of an ongoing criminal orga- ‘‘(B) classed by and designed in accordance a claim by an officer of the United States au- nization or enterprise; with the rules of a classification society; thorized to enforce applicable provisions of (C) whether the use of such a vessel in- ‘‘(C) lawfully operated in government-regu- United States law; volves a pattern of continued and flagrant lated or licensed activity, including com- ‘‘(B) classed by and designed in accordance violations of section 2285 of title 18, United merce, research, or exploration; or with the rules of a classification society; States Code; ‘‘(D) equipped with and using an operable ‘‘(C) lawfully operated in government-regu- (D) whether the persons operating or em- automatic identification system, vessel mon- lated or licensed activity, including com- barking in a submersible vessel or semi-sub- itoring system, or long range identification merce, research, or exploration; or mersible vessel willfully caused, attempted and tracking system. ‘‘(D) equipped with and using an operable to cause, or permitted the destruction or ‘‘(2) PRODUCTION OF DOCUMENTS.—The de- automatic identification system, vessel mon- damage of such vessel or failed to heave to fenses provided by this subsection are proved itoring system, or long range identification when directed by law enforcement officers; conclusively by the production of— and tracking system. and ‘‘(A) government documents evidencing ‘‘(2) PRODUCTION OF DOCUMENTS.—The af- (E) circumstances for which the sentencing the vessel’s nationality at the time of the of- firmative defenses provided by this sub- guidelines (and policy statements) provide fense, as provided in article 5 of the 1958 Con- section are proved conclusively by the pro- sentencing enhancements; vention on the High Seas; duction of— (3) ensure reasonable consistency with ‘‘(B) a certificate of classification issued ‘‘(A) government documents evidencing other relevant directives, other sentencing by the vessel’s classification society upon the vessel’s nationality at the time of the of- guidelines and policy statements, and statu- completion of relevant classification surveys fense, as provided in article 5 of the 1958 Con- tory provisions; and valid at the time of the offense; or vention on the High Seas; (4) make any necessary and conforming ‘‘(C) government documents evidencing li- ‘‘(B) a certificate of classification issued changes to the sentencing guidelines and pol- censure, regulation, or registration for re- by the vessel’s classification society upon icy statements; and search or exploration. completion of relevant classification surveys (5) ensure that the sentencing guidelines ‘‘(d) CIVIL PENALTY.—A person violating and valid at the time of the offense; or and policy statements adequately meet the this section shall be liable to the United ‘‘(C) government documents evidencing li- purposes of sentencing set forth in section States for a civil penalty of not more than censure, regulation, or registration for com- 3553(a)(2) of title 18, United States Code. $1,000,000.’’ merce, research, or exploration. Subtitle B—Civil Prohibition (b) CONFORMING AMENDMENTS.— ‘‘(f) FEDERAL ACTIVITIES EXCEPTED.—Noth- (1) The chapter analysis for chapter 705 of SEC. 221. OPERATION OF SUBMERSIBLE VESSEL ing in this section applies to lawfully au- OR SEMI-SUBMERSIBLE VESSEL title 46, United States Code, is amended by thorized activities carried out by or at the WITHOUT NATIONALITY. inserting after the item relating to section direction of the United States Government. (a) FINDING AND DECLARATION.—Section 70507 the following: ‘‘(g) APPLICABILITY OF OTHER PROVISIONS.— 70501 of title 46, United States Code, is ‘‘70508. Operation of submersible vessel or Sections 70504 and 70505 of title 46 apply to amended— semi-submersible vessel with- offenses under this section in the same man- (1) by inserting ‘‘(1)’’ after ‘‘that’’; and out nationality.’’. ner as they apply to offenses under section (2) by striking ‘‘States.’’ and inserting (2) Section 70504(b) of title 46, United 70503 of such title. ‘‘States and (2) operating or embarking in a States Code, is amended by inserting ‘‘or ‘‘(h) DEFINITIONS.—In this section, the submersible vessel or semi-submersible ves- 70508’’ after ‘‘70503’’. terms ‘submersible vessel’, ‘semi-submers- sel without nationality and on an inter- (3) Section 70505 of title 46, United States ible vessel’, ‘vessel of the United States’, and national voyage is a serious international Code, is amended by striking ‘‘this title’’ and ‘vessel without nationality’ have the mean- problem, facilitates transnational crime, in- inserting ‘‘this title, or against whom a civil ing given those terms in section 70502 of title cluding drug trafficking, and terrorism, and enforcement proceeding is brought under 46.’’. presents a specific threat to the safety of section 70508,’’. (b) CLERICAL AMENDMENT.—The chapter maritime navigation and the security of the SEC. 223. SUBMERSIBLE VESSEL AND SEMI-SUB- analysis for chapter 111 of title 18, United United States.’’. States Code, is amended by inserting after MERSIBLE VESSEL DEFINED. SEC. 222. OPERATION PROHIBITED. Section 70502 of title 46, United States the item relating to section 2284 the fol- (a) IN GENERAL.—Chapter 705 of title 46, lowing: Code, is amended by adding at the end there- United States Code, is amended by adding at of the following: ‘‘2285. Operation of submersible vessel or the end thereof the following: ‘‘(f) SEMI-SUBMERSIBLE VESSEL; SUBMERS- semi-submersible vessel with- ‘‘§ 70508. Operation of submersible vessel or IBLE VESSEL.—In this chapter: out nationality.’’. semi-submersible vessel without nation- ‘‘(1) SEMI-SUBMERSIBLE VESSEL.—The term SEC. 213. SENTENCING GUIDELINES. ality ‘semi-submersible vessel’ means any (a) IN GENERAL.—Pursuant to its authority ‘‘(a) IN GENERAL.—An individual may not watercraft constructed or adapted to be ca- under section 994(p) of title 28, United States operate by any means or embark in any sub- pable of operating with most of its hull and Code, and in accordance with this section, mersible vessel or semi-submersible vessel bulk under the surface of the water, includ- the United States Sentencing Commission that is without nationality and that is navi- ing both manned and unmanned watercraft. shall promulgate sentencing guidelines (in- gating or has navigated into, through, or ‘‘(2) SUBMERSIBLE VESSEL.—The term ‘sub- cluding policy statements) or amend existing from waters beyond the outer limit of the mersible vessel’ means a vessel that is capa- sentencing guidelines (including policy territorial sea of a single country or a lat- ble of operating completely below the sur- statements) to provide adequate penalties eral limit of that country’s territorial sea face of the water, including both manned and for persons convicted of knowingly operating with an adjacent country, with the intent to unmanned watercraft.’’. by any means or embarking in any submers- evade detection. The SPEAKER pro tempore. Pursu- ible vessel or semi-submersible vessel in vio- ‘‘(b) EVIDENCE OF INTENT TO EVADE DETEC- lation of section 2285 of title 18, United TION.—In any civil enforcement proceeding ant to the rule, the gentleman from States Code. for a violation of subsection (a), the presence Minnesota (Mr. OBERSTAR) and the gen- (b) REQUIREMENTS.—In carrying out this of any of the indicia described in paragraph tleman from Ohio (Mr. LATOURETTE) section, the United States Sentencing Com- (1)(A), (E), (F), or (G), or in paragraph (4), (5), each will control 20 minutes. mission shall— or (6), of section 70507(b) may be considered, The Chair recognizes the gentleman (1) ensure that the sentencing guidelines in the totality of the circumstances, to be from Minnesota. and policy statements reflect the serious na- prima facie evidence of intent to evade de- GENERAL LEAVE ture of the offense described in section 2285 tection. of title 18, United States Code, and the need ‘‘(c) DEFENSES.— Mr. OBERSTAR. Mr. Speaker, I ask for deterrence to prevent such offenses; ‘‘(1) IN GENERAL.—It is a defense in any unanimous consent that all Members (2) account for any aggravating or miti- civil enforcement proceeding for a violation have 5 legislative days in which to re- gating circumstances that might justify ex- of subsection (a) that the submersible vessel vise and extend their remarks on the ceptions, including— or semi-submersible vessel involved was, at pending bill. (A) the use of a submersible vessels or the time of the violation— The SPEAKER pro tempore. Is there semi-submersible vessels described in section ‘‘(A) a vessel of the United States or law- objection to the request of the gen- 2285 of title 18, United States Code, to facili- fully registered in a foreign nation as tate other felonies; claimed by the master or individual in tleman from Minnesota? (B) the repeated use of a submersible vessel charge of the vessel when requested to make There was no objection. or semi-submersible vessel described in sec- a claim by an officer of the United States au- Mr. OBERSTAR. Mr. Speaker, this tion 2285 of title 18, United States Code, to thorized to enforce applicable provisions of legislation in a previous form passed facilitate other felonies, including whether United States law; the House last year by a vote of 426–0.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22698 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 The Senate passed a comparable bill by to explain the details and how we blank checks without demanding standards unanimous consent. The bill before us frankly intend and are going to cure and accountability. is a bipartisan compromise between this problem for the future. H.R. 6999 reforms the Coast Guard acquisi- our Committee on Transportation and It took a great deal of negotiation tion program. Specifically, the bill: Infrastructure in the House and the with the other body and with the Coast terminates the use of lead systems integra- Committee on Commerce, Science, & Guard to come to the resolution that tors beginning on October 1, 2011; Transportation in the Senate. we bring to the House today, and for requires that the Commandant, and not the It is a complicated piece of legisla- that progress, I thank the gentleman contractor, retain the technical authority to de- tion that took a great deal of time to from Ohio and the ranking member of termine when the contract specifications have work out. The objective of this legisla- the full committee, Mr. MICA, for their been met; tion is to reform the Coast Guard ac- patience over many weeks of negoti- requires Early Operational Assessments to quisition program. ating out these terms and conditions be made for all aircraft and cutters after they b 1115 that we bring to the House today to are designed—but before they are built—to cure this program, save the taxpayers ensure that they will meet the mission require- Stories began creeping out of mis- money, put the Coast Guard on a sound ments of the Coast Guard; takes and cost overruns and serious footing, and assure to the greatest ex- requires all new cutters and aircraft and problems within the Coast Guard’s tent that we can that these problems their engines to be certified by an independent Deepwater Program. A closer look by don’t extend into the future. 3rd party to ensure they meet design and per- our committee investigative staff Mr. Speaker, I rise in strong support of H.R. formance requirements; found that there were serious flaws in 6999, as amended, the ‘‘Integrated Deepwater requires the development of workforce poli- the conduct of this program, and we Program Reform Act of 2008’’. I would like to cies to ensure that the best qualified individ- began an extensive inquiry and inves- congratulate the distinguished Chairman of the uals are assigned to the acquisition program; tigation into those flaws and into the Subcommittee on Coast Guard and Maritime requires the Commandant to establish ca- consequences thereof, the most serious Transportation, Mr. CUMMINGS, as well as reer paths for military and civilian personnel of which was that the first article of Ranking Member MICA and Subcommittee who wish to pursue careers in acquisition pro- the cutter extension program went to Ranking Member LATOURETTE for their work grams; sea and cracked in three places, pre- on this landmark acquisition reform bill. requires the Commandant to establish a bal- dicted to be problem areas by the chief Last year, the House passed H.R. 2722, the anced workforce policy to promote a workforce naval architect of the Navy, in con- ‘‘Integrated Deepwater Program Reform Act’’, in which women and members of racial and sultation to a whistleblower within the by a vote of 426–0. The Senate subsequently ethnic minorities are appropriately represented Deepwater Program. passed its Deepwater Reform bill, S. 924, by in Government service; I need not go back and unravel all of unanimous consent. H.R. 6999 is the bipar- establishes a Chief Acquisition Officer for the details that led up to that. Suffice tisan compromise agreement of these two bills the Coast Guard. The CAO may be a civilian it to say that the core of the problem of the Committee on Transportation and Infra- or military officer, but must have a level III ac- was a self-certification initiative un- structure and the Committee on Commerce, quisition program manager certificate and 10 dertaken by the Coast Guard at the di- Science, and Transportation of the Senate. years of experience in an acquisition position; rection of the Department of Homeland The Integrated Deepwater Acquisition Pro- requires the Coast Guard to report to Con- Security that led to serious flaws, not gram is a $24 billion program to replace all gress when there are cost overruns or pro- only in the program but in the con- Coast Guard aircraft and cutters that primarily gram delays; and struction of these vessels and the ex- operate more than 50 miles offshore. The requires the Coast Guard to use the Depart- tension initiative. The result was that Coast Guard has never attempted to replace ment of Defense’s contract management ex- taxpayers have lost over $100 million, its whole fleet under one long-term program. pertise and contracting, where appropriate, to the Coast Guard has lost the service of The Committee has conducted numerous obtain the best possible price for Coast Guard some 49 cutters, and frankly, I think oversight hearings on this program to under- assets. there should have been criminal inves- stand why there have been cost-overruns and H.R. 6999, as amended, also contains a tigations undertaken by the Justice why the Coast Guard spent $100 million to provision that makes it unlawful to operate a Department of those engaged in these renovate and replace eight of its 110-foot pa- stateless submersible or submersible vessel practices. trol boats—only to have these renovated boats on the high seas. Use of submarines has be- Thanks to the leadership of the gen- tied to the dock as unseaworthy. come a new trend with the international drug tleman from Maryland, the Chair of As I have said many times, if I were adrift runners operating out of Columbia. When the the Coast Guard Subcommittee, Mr. in the ocean, there is no one I would want to Coast Guard interdicts these vessels the CUMMINGS, and the staff’s relentless save me but the U.S. Coast Guard. What they smugglers pull a lever to flood and sink the pursuit of the facts of the causes of the do at sea to save lives is second to none. submarine—and then wait for the Coast Guard problems, we held a hearing that went However, when it comes to managing an ac- to ‘‘rescue’’ them. However, all of the drugs till 11:30 at night, nearly 10 hours of in- quisition program—the Coast Guard has seri- are on the bottom of the ocean and it makes vestigative hearing, drew fact after ous challenges. Just because you can fly an a prosecution more difficult. So Coast Guard fact out and established causality prob- aircraft or drive a cutter, doesn’t mean you personnel are risking their lives to enter the lems and led the way to solutions. It’s know how to manage an acquisition to buy sinking submarine to get some of the cocaine not enough just to conduct oversight, that aircraft or cutter. As a result, the Coast as evidence. H.R. 6999 will obviate the need to find the flaws, to find the problems; Guard’s acquisition programs are hundreds of to enter the submarine. The Coast Guard can it’s important to correct them. millions of dollars over budget and years be- arrest the smugglers and they can be pros- And in that process, we had this hind schedule—including the Deepwater Ac- ecuted for operating these pirate submarines. blended participation with the gen- quisition program and the Rescue–21 program Mr. Speaker, this is a landmark bill that will tleman from Ohio (Mr. LATOURETTE) to install new search and rescue communica- significantly improve the management of the who has proven himself to be a devotee tions systems. multi-billion dollar acquisition program of the of the Coast Guard and mastered the In the past week, we have seen firsthand Coast Guard. It is the direct result of the Com- issues of the Coast Guard and of this what happens on Wall Street when there is a mittee’s in-depth investigation of the Deep- particular contractual undertaking of lack of oversight, accountability, and stand- water Program. Like H.R. 2722, it deserves the Coast Guard. ards. But Wall Street doesn’t want to be regu- the support of every Member of the House. The result of those hearings was sub- lated. Neither does the Coast Guard. The I strongly urge my colleagues to join me in stantial reform of the Coast Guard’s Coast Guard wants to have Congress con- supporting H.R. 6999, the ‘‘Integrated Deep- acquisition program. The details of the tinue to write the checks—while they say water Program Reform Act of 2008’’. program I will call on the Chair of the ‘‘trust us’’ to spend the taxpayers’ money Finally, I insert in the CONGRESSIONAL subcommittee, the gentleman from wisely. While I would trust them with my life at RECORD an exchange of letters between Maryland (Mr. CUMMINGS), and ask him sea, I don’t think we should continue to write Chairman BENNIE G. THOMPSON, Chairman of

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00017 Fmt 0688 Sfmt 9920 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22699 the Committee on Homeland Security, and tation, I rise today to urge the adop- lions, the billions of taxpayer dollars me. tion of the Integrated Deepwater Pro- appropriated to support such acquisi- HOUSE OF REPRESENTATIVES, gram Reform Act of 2008, H.R. 6999, as tions. COMMITTEE ON HOMELAND SECURITY, amended. As Chairman OBERSTAR has I’m very pleased that our committee Washington, DC, September 26, 2008. stated, this legislation is based on and our subcommittee wrote H.R. 6999 Hon. JAMES L. OBERSTAR, Deepwater reform legislation, H.R. to ensure that all Coast Guard acquisi- Chairman, Committee on Transportation and 2722, which passed the House by a vote tions meet three key requirements. Infrastructure, Rayburn House Office of 426–0 last year, and on S. 924, which One, in basic contract law, that we get Building, Washington, DC. what we bargain for as a Nation. That DEAR MR. CHAIRMAN: I am writing to you passed the Senate by unanimous con- regarding H.R. 6999, Integrated Deepwater sent. we get what we bargain for. That was Program Reform Act of 2008 introduced by The manager’s amendment amends number one. Number two, that the Mr. Cummings on September 23, 2008. the underlying bill by making it a equipment that we buy would enable H.R. 6999 contains provisions that fall crime to operate a submersible vehicle the Coast Guard to fulfill its many within the jurisdiction of the Committee on that is not registered in any country. missions to protect our homeland and Homeland Security. I recognize and appre- Such vessels are often used to smuggle to do all the other things that they ciate your desire to bring this bill to the full illegal drugs into the United States. In have to do. And number three, and very House expeditiously. Accordingly, I will not seek a sequential referral of the bill. How- fact, just this month the Coast Guard interestingly, we wanted to make sure ever, this decision should not be construed as worked with the United States Navy to that the equipment that we were pur- the Committee on Homeland Security seize two such submersibles, carrying a chasing with taxpayers dollars could waiving, altering, o diminishing its jurisdic- combined total of 14 tons of cocaine. not bring harm to our very personnel. tion over this legislation. As a representative of the City of Those were the three principles that we Additionally, the Committee on Homeland Baltimore, I know that every gram of wrote this legislation on, and I was Security reserves the right to seek the ap- illegal drugs we keep off our Nation’s glad to see that our subcommittee and pointment of conferees during any House- streets is a gram that cannot destroy a our committee pretty much adopted Senate conference convned on this legisla- life or a community. Therefore, as tion or on provisions of this or a similar bill them as we went through this legisla- that are within the jurisdiction of the Com- smugglers develop new ways to bring tion. mittee on Homeland Security. I ask for your drugs to our shores, our laws must be The Commandant of the Coast Guard, commitment to support any such request by updated to enable law enforcement per- Admiral Thad Allen, has moved to the Committee on Homeland Security for the sonnel to prosecute these new types of strengthen the service’s ability to appointment of conferees on H.R. 6999 or crimes, and this bill does precisely manage acquisitions, including cre- similar legislation. Finally, I respectfully that. ating a new acquisitions directorate, ask that you place a copy of your letter and I recognize and I want to thank again and I applaud his efforts. this letter in the CONGRESSIONAL RECORD Chairman OBERSTAR, chairman of our Under his leadership, the service has during floor consideration of H.R. 6999. Thank you for your cooperation in this full committee, and also thank the vice taken conditional delivery of the first matter. I look forward to working with you chairman of our subcommittee, Mr. National Security Cutter, the Bertholf. as we prepare to pass this important legisla- BISHOP, and Mr. TAYLOR for their hard Having joined the Coast Guard in com- tion. work; and I give special thanks, too, to missioning the Bertholf this summer, I Sincerely, Mr. MICA, to Mr. LATOURETTE, our know it is a fine ship, and it will great- BENNIE G. THOMPSON, ranking member of our subcommittee; ly enhance the service’s mission capa- Chairman. Chairman THOMPSON, the chairman of bilities. the Homeland Security Committee, However, the Bertholf experienced COMMITTEE ON TRANSPORTATION and certainly Representative KING, significant cost overruns, and the AND INFRASTRUCTURE, Washington, DC, September 26, 2008. who is the ranking member of Home- Coast Guard continues to face procure- Hon. BENNIE G. THOMPSON, land Security; Senators INOUYE and ment challenges and not only within Chairman, Committee on Homeland Security, HUTCHISON and Senator SNOW; and we Deepwater. For example, the Rescue 21 Washington, DC. want to give special thanks to Senator program, which is intended to upgrade DEAR CHAIRMAN THOMPSON: Thank you for CANTWELL, who has worked very, very the systems the Coast Guard utilizes to your September 26, 2008 letter regarding H.R. hard on this legislation. locate those who are distressed at sea, 6999, the ‘‘Integrated Deepwater Program Re- Mr. Speaker, since my appointment is now hundreds of millions of dollars form Act of 2008’’. in January 2007 as chairman of the over budget and years behind schedule. I agree that provisions in H.R. 6999 are of jurisdictional interest to the Committee on Subcommittee on the Coast Guard, the American taxpayers, who are now Homeland Security. I appreciate your will- subcommittee has exercised careful being asked to rescue our financial sys- ingness to waive rights to further consider- oversight over the Coast Guard’s $24 tem from the consequences of failed ation of H.R. 6999 to ensure the timely con- billion, 25-year Deepwater procure- oversight, have already shouldered the sideration of this legislation, and I acknowl- ments, through which the Coast Guard burden for the Coast Guard’s earlier edge that through this waiver, your Com- is replacing or rehabilitating its cut- failed procurements and for failed pro- mittee is not relinquishing its jurisdiction. ters and aircraft. Senator CANTWELL curements throughout the Department This exchange of letters will be placed in has been leading a similar aggressive of Homeland Security, which according the CONGRESSIONAL RECORD as part of the consideration of H.R. 6999 in the House. oversight effort on the Senate side. to a tally compiled by the Homeland I value your cooperation and look forward Unfortunately, many of the acquisi- Security Committee have wasted ap- to working with you as we move ahead with tions conducted under Deepwater have proximately $15 billion. this important Coast Guard legislation. miserably failed, including the nearly As a representative elected by the Sincerely, $100 million effort to lengthen the 110- citizens of Maryland’s Seventh Con- JAMES L. OBERSTAR, foot patrol boats, which yielded eight gressional District and as sub- Chairman. unseaworthy vessels that have been re- committee chairman, I believe that I now yield such time as he may con- moved from service. one of our most critical duties at this sume to the gentleman from Maryland The early Deepwater procurements time is to implement every available (Mr. CUMMINGS). failed because the Coast Guard did not measure to ensure that Federal agen- Mr. CUMMINGS. Mr. Speaker, I want have the systems and personnel nec- cies are effective and efficient stewards to thank our chairman for yielding and essary to manage large acquisitions. of the taxpayers’ dollars. The legisla- for all of his hard work and help in They failed because the Coast Guard tion before us today implements such making this happen, this legislation left private sector contractors to police measures with regard to the United happen today. themselves. And they failed because States Coast Guard. As chairman of the Subcommittee on Congress did not require of the Coast Specifically, H.R. 6999 requires the Coast Guard and Maritime Transpor- Guard full accountability for the bil- Coast Guard to eliminate the use of all

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22700 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 private-sector lead systems integrators and get us to approve $700 billion of Program Reform Act of 2008. This bill by October 2011, the same date on taxpayers’ money to bail out people will make significant changes to the which their use is phased out in the De- that made bad decisions on Wall Coast Guard’s Deepwater program and partment of Defense. Street. the way the Coast Guard oversees, manages and carries out the program This bill creates in statute the posi- b 1130 tion of Chief Acquisitions Officer. It re- as the service takes on the lead sys- quires that it be filled with a fully So this is really what we call in Ohio tems integrator responsibilities. qualified individual who can, at the a two-fer, in that we have the oppor- I do have some concerns, as I men- Commandant’s choosing, be a civilian tunity to continue to negotiate in a bi- tioned, relative to the requirement member of the senior executive service partisan way to attempt to resolve over the lead system integrator respon- or a uniformed member of the Coast these differences. And, at least from sibilities being assumed by the Coast Guard but who must have Level III Ac- my perspective, those differences need Guard within 180 days of enactment. quisitions qualification and 10 years of to be resolved, that those who created But I’m going to tell you that that experience managing acquisition ef- the mess should clean the mess up and really was the last piece of our negotia- forts. private capital should recapitalize the tions. And again, as for the chairman The bill requires independent, third- markets rather than the taxpayer. So of the full committee and the chairman party certification of assets and re- hopefully those discussions—you know, of the subcommittee, we could have quires that appropriate testing be per- we’re doing important work here gone to that meeting and they could formed on asset designs so that prob- today, but those are on a much higher have said, that’s nice that you have lems can be identified before construc- level, I’m sure. concerns, but too bad. And they acqui- tion of an asset begins. But, you know, the interesting thing, esced in doubling that time from 90 It also requires a regular submission from just a political standpoint for me days to 180 days, and I am more than of acquisition program reviews to Con- today, is there’s a commercial running grateful for that. With the help of gress, including notification of cost back in northern Ohio—where I happen Chairman OBERSTAR and Chairman overruns and schedule delays, so that to be from—condemning me for want- CUMMINGS, H.R. 6999 will provide more Congress is aware of emerging issues ing to write a $700 billion check to Sec- time for the Coast Guard to build up before they become crises. retary Paulson in this matter. And its own staff, resources, and capabili- In short, this bill brings common- here, when I woke up this morning and ties than was proposed under the Sen- sense oversight and management re- I watched the news, the national media ate bill. form measures, many of them based on and the national Democratic Party is I fully support the inclusion of the current practices within the DOD, to condemning me and my colleagues for language that would give the Coast Guard enhanced authorities to inter- the Coast Guard. It also requires strict standing in the way of giving $700 bil- dict stateless submersibles and semi- and appropriate accountability from lion to the Treasury. So I’m really at a submersibles at sea. And a little bit the service and demands that it be an loss for how these things work. later we’re going to hear from our col- effective and efficient steward of our But I am glad to be here on this bill. league from California (Mr. DANIEL E. taxpayers’ hard-earned dollars. And I’m glad that we’re here on a Sat- LUNGREN) who has been a champion of All of these measures are critical to urday to get this bill done. I have run out of superlatives to talk about the this issue for a number of years. ensure that through the remaining In recent years, the Coast Guard has chairman of the full committee, Mr. Deepwater procurements, the nearly been highly successful in stopping the OBERSTAR, and I would add to that the 42,000 men and women, who I call our importation of drugs by sea. I think chairman of the subcommittee, Mr. thin blue line at sea, will be equipped last year they had a record year. These CUMMINGS. It is beyond a pleasure to with state-of-the-art assets equal to successes have forced the drug cartels work with these gentlemen. the missions they perform and the to look at better ways for them to And I think this piece of legislation challenges they will face in the 21st avoid Coast Guard assets on their way is an example of why the Transpor- century. to the United States. I urge my colleagues to support H.R. tation and Infrastructure Committee is Recently, the Coast Guard has wit- 6999, and I thank the minority for their far and above better than any other nessed a sudden and dramatic increase wonderful participation in making this committee in the United States Con- in the use of submersibles and semi- happen. I thank all of those, our staffs, gress, because I don’t love everything submersibles by would-be drug import- who have worked so hard to make this in this bill, I’m sure that the chairmen ers. This language will allow the Coast happen. don’t love every piece of this bill, but Guard to apprehend and prosecute Mr. LATOURETTE. Mr. Speaker, I they have always and consistently ap- these individuals without forcing Coast yield myself such time as I may con- proached negotiations on legislation in Guardsmen to risk their lives to pull sume. a way that I think that we would be out the bales of illegal drugs from a First, Mr. Speaker, let me tell you better served if we practiced in all leg- sinking submarine, as is the case now. what a pleasure it is to see you on a islation, and that is, they have their And that’s a lot of fancy language, Saturday morning, rather than Mon- ideas, and as the majority party they but basically, Mr. Speaker, what’s day through Friday. are certainly in the position to have going on is these drug dealers are tow- This is a good bill. It is an important more of their ideas than we’re per- ing submersibles behind boats that bill. We have some reservations that mitted to have our ideas, but they wel- have no flag, that have no certifi- I’m going to talk about in a moment, come our ideas. cation. And when the Coast Guard is but I think the fact that you and I are And the negotiations on this bill not about to close in, they pull the plugs, here together with the full committee only began as the hearings that Mr. basically, sink the submarine to the chairman and subcommittee chairman OBERSTAR detailed and Mr. CUMMINGS bottom of the Earth, and the way that on a Saturday morning—and I’ve been detailed, but we were negotiating this our laws are currently written is the advised we’ll be here after 1 o’clock to- bill, this final product, just a couple only way you can prosecute these drug morrow afternoon on a Sunday, cer- days ago because they are still willing dealers that want to poison our society tainly a rare occurrence in the pro- to listen to suggestions, and I think with cocaine and other drugs is for the ceedings of the United States Congress. that that’s a credit to the leadership of Coast Guardsmen to jump on board the And I was just talking to my colleague, Mr. OBERSTAR and Mr. CUMMINGS. And sinking submarine and try and pull out Mr. LUNGREN from California, and we if, in fact, more committees operated a little cocaine so that we can pros- wouldn’t be here doing this important like that, we would be a better place. ecute them. This language—and you bill if we had permitted Secretary As I indicated, Mr. Speaker, I support will hear from some of the champions Paulson and some Members of the many of the provisions in this bill, of this bill in a minute—is important, other body to perform the bum rush H.R. 6999, the Integrated Deepwater and I’m glad it’s in the bill today.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22701 Lastly, I do want to note that the last year and the veto override is so rounds your committee, and I appre- Coast Guard has concerns that the critically important and why funding ciate the work that you are doing on independent review requirements may of those projects is so critical. And I’m this issue, particularly making sure lead to increased costs and delays in delighted that the stimulus legislation that the Deepwater program works and the delivery of some deepwater assets. we passed yesterday has some $5 billion works well. I know that we will continue to work for the Corps of Engineers to undertake I would just like to take a moment to with the majority to closely oversee projects that can be underway within comment on the portion of the legisla- the impacts of the bill on the Coast 90 days. And we all know very well that tion referred to earlier relating to the Guard and acquisitions as we move for- there are dredging projects all through- semi-submersible vessels. Language ad- ward next year and beyond. out the Great Lakes—and the lower dressing this issue has passed this I support this bill and, with the com- lake harbors, particularly—that could House on two occasions, in connection ments that I’ve made, ask all Members benefit from that investment. with the Coast Guard authorization, as to do the same. As Mr. CUMMINGS said moments ago, well as a freestanding bill on suspen- Mr. Speaker, I reserve the balance of we didn’t get here on our own. Our sion. my time. staffs on both sides of the aisle have Congressman TED POE of Texas and I Mr. OBERSTAR. Mr. Speaker, I yield worked rigorously in shaping in legis- sought to enact criminal penalties for myself such time as I may consume. lation and in laying the groundwork the use of these stateless vessels which, I thank the gentleman for those very for the investigation. Clay Foushee, as you examine them, have no legiti- thoughtful comments. who led the investigative team on our mate use other than to transport ille- I was listening with great interest as side. And Lucinda Lessley, on Mr. gal vessels and perhaps other threats he moved from deepwater to deep fi- CUMMINGS’ committee staff, who cham- to our national security. nance and was worried that he was pioned both the oversight hearings and The only substantive difference in going to suggest that the powers on the legislative hearings. And our chief the language before us today is that it high give that problem to our com- council on the Coast Guard Maritime also includes a Senate provision which would provide the option of civil pen- mittee. Well, we’ll build a fence around Subcommittee, John Cullather—for my alties of up to $1 million, which would it, we’ll build a bridge over it, we’ll money, the finest mind in maritime give the Federal prosecutors additional build a tunnel through it, we will en- legislation in the country. And John flexibility to end this illicit commerce. capsulate it and subject it to the fund- Rayfield, who is a storehouse of knowl- ing out of the highway trust fund and Let’s understand what we’re talking edge on the subject, and Eric Nagel on about. Self-propelled submersibles and the problem will be behind us. I think the minority side, all deserve our ap- in the end we would have a solution to semi-submersibles are watercraft of preciation and gratitude for the many unorthodox construction capable of that problem that everybody could sign hours of labor invested in bringing us onto, but that’s not our domain. putting much of their bulk under the to this point of the legislation. surface of the water, which makes And of course we both have reserva- Mr. Speaker, I reserve the balance of tions about the legislation before us in them very difficult to detect. The self- my time. propelled submersible and semi-sub- similar spirit, but I think we go for- Mr. LATOURETTE. Mr. Speaker, I mersible vessels are typically less than ward with this legislation, hope that yield myself such time as I may con- 100 feet in length, usually carry be- the other body moves it through with- sume before I yield to the gentleman tween five and six tons of illicit cargo. out further—how shall I say? I’ll be from California just to say that the Now, we found that they carry drugs, kind about it—without further chairman has hit the nail on the head guns and people, but we also should be changes, and that the bill will move on when it comes to Great Lakes shipping. concerned that they could potentially to enactment, and that someday soon And he, again, deserves great credit be vessels to carry weapons of mass de- the Lorain Shipyard will build vessels for, after 7 years, moving the Water for the Coast Guard. It will be good for struction. Resources Development Act. The range of these vessels is aston- the Great Lakes, it will be good for Lo- And I would just add to that, the gen- ishing; it’s sufficient to reach the rain, Ohio, it will be good for the gen- tleman from Michigan sitting behind southeastern United States from the tleman from Ohio, and it will be good me and to my right, VERN EHLERS, and north coast of South America without for the country. the chairman’s work on the Great refueling. According to recent press re- The Lorain Shipyard is one of the Lakes Legacy Act, which has the op- ports, in order to cover even longer dis- great assets of this Nation, built ex- portunity to clean up the contami- tances, some of these vessels have been traordinarily successful vessels that nated hotspots within the Great Lakes. caught while being towed by larger are still plying the lakes today, the And as a result of that—and I’m not ships with the idea that they would be thousand-footers that carry iron ore trying to be a pig about it or any- released for the final approach to the from northern Minnesota in my dis- thing—but as a result of that, one of shores of California or off the north- trict to the lower lake steel mills, and the first major cleanups was in the east coast of the United States. In the that have borne the brunt of the forces Ashtabula Harbor; $53 million, and the last 2 weeks alone, the Coast Guard has of nature on the Great Lakes. It was a Ashtabula Harbor was dredged for the seized two of these vessels carrying great shipyard, I’ve been there several first time in over 35 years. over 14 tons of cocaine. Now, to put times. It built the Mesabi Miner, by the So when the chairman talks about that in perspective, the value of one of way, a thousand-footer that is still ac- shallow drafts and the cost that it in- these loads was nearly $200 million. tive, carrying 60,000 tons of iron ore. creases to shipping and having to make Mr. Speaker, it’s time to shut down But, unfortunately, that vessel, if I three trips instead of one trip, the these new seaborne threats to our Na- may digress a moment, and others have chairman is exactly right. And I look tion’s communities and to our overall had to go out 7,000 tons light because of forward to continuing to work with national security. And I would urge the drought in the Great Lakes and the him in a bipartisan way to move this support of this bill for many reasons, failure of the Corps of Engineers to along. but particularly for this as well. dredge the harbors and the channels of It is now my pleasure to yield 2 min- Mr. LATOURETTE. Mr. Speaker, at the Great Lakes, meaning that our utes to one of our experts on this time it is my pleasure to yield 3 lakers have to travel three or four submersibles, the gentleman from Cali- minutes to the gentleman from Texas, extra voyages a year to meet the ton- fornia (Mr. DANIEL E. LUNGREN). a member of the subcommittee, Mr. nage requirements, raising the cost of Mr. DANIEL E. LUNGREN of Cali- POE. tactonite, and therefore raising the fornia. I thank the gentleman for yield- cost of steel production in lower lake ing. I feel like I am intruding on a leg- b 1145 steel mills, and why passage of our islative committee lovefest here, but I Mr. POE. I want to thank the rank- Water Resources Development Act of understand the camaraderie that sur- ing member for yielding and thank the

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22702 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 chairman for bringing this legislation At this time we are without addi- The message also announced that the to the floor, and also my good friend, tional speakers, and I would yield back Senate has passed bills of the following the gentleman from California (Mr. the balance of my time and urge pas- titles in which the concurrence of the LUNGREN) who has been helping relent- sage of the bill. House is requested: lessly to get some legislation passed to Mr. OBERSTAR. I yield myself the S. 906 An act to prohibit the sale, distribu- stop this criminal endeavor into the remaining time to thank the gen- tion, transfer, and export of elemental mer- United States. tleman from California, my colleague cury, and for other purposes. Mr. Speaker, the drug dealers find in the informal Hip Replacement Cau- S. 1492. An act to improve the quality of new ways to bring this cancer, cocaine, cus, for raising the issue of Federal and State data regarding the avail- into the United States. And now what submersibles and for introducing the ability and quality of broadband services and bill that he champions that we are to promote the deployment of affordable they’re doing in the hills and jungles of broadband services to all parts of the Nation. Colombia is they build these fiberglass happy to incorporate, and which is im- S. 1582. An act to reauthorize and amend boats, submarines, that are about 100- portant to do in this legislation. Again the Hydrographic Services Improvement foot long that can bring in several hun- I express my profound respect, appre- Act, and for other purposes. dred million dollars worth of cocaine ciation and admiration to the gen- S. 2913. An act to provide a limitation on into the United States. They float tleman from Maryland for his leader- judicial remedies in copyright infringement them down the river into the Pacific ship of the Coast Guard subcommittee, cases involving orphan works. the gentleman from Ohio for his superb S. 3109. An act to amend the Solid Waste Ocean. Here is one of these vessels Disposal Act to direct the Administrator of here. It is about 100 feet long. It’s fiber- management of the issues on the mi- the Environmental Protection Agency to es- glass. nority side of the committee on this tablish a hazardous waste electronic mani- These vessels can go all the way from issue and for the constant communica- fest system. Colombia to the United States without tion that we’ve had. As long as we keep S. 3192. An act to amend the Act of August refueling. They are built with stealth the communications going, as we have 9, 1955, to authorize the Cow Creek Band of technology so they’re very difficult to done over these 2 years and over the Umpqua Indians of Oregon, the Coquille find by our Navy and our Coast Guard. previous years, we will do good work Tribe of Oregon, and the Confederated Tribes for the country and for the Congress. of the Siletz Reservation, Oregon, to obtain They go very slowly so they can’t cre- 99-year lease authority for trust land, and to ate a wake. And they bring this stuff With that, Mr. Speaker, I ask for a authorize the Morongo Band of Cahuilla Mis- into the United States. unanimous vote on this legislation. sion Indians of the Morongo Reservation, The problem is that when our Navy I yield back the balance of my time. California, to obtain 50-year lease authority and our Coast Guard find one of these The SPEAKER pro tempore. The for trust land. ships on the high seas, these ships have question is on the motion offered by S. 3477. An act to amend title 44, United no flag, they’re not under any flag of the gentleman from Minnesota (Mr. States Code, to authorize grants for Presi- any nation, the crew members on the OBERSTAR) that the House suspend the dential Centers of Historical Excellence. rules and pass the bill, H.R. 6999, as S. 3536. An act to amend section 5402 of ship, usually five to six members, will title 39, United States Code, to modify the scuttle the submarine. It will sink to amended. The question was taken; and (two- authority relating to United States Postal the bottom of the ocean, taking with it Service air transportation contracts, and for the cocaine. Then the five or six crew thirds being in the affirmative) the other purposes. rules were suspended and the bill, as members that are on this submarine The message also announced that the have to be rescued by our Navy and amended, was passed. A motion to reconsider was laid on Senate agrees to the amendment of the then taken back where they came the table. House of Representatives to the bill (S. from, usually Colombia or Guatemala 496) ‘‘An Act to reauthorize and im- or whatever nation they came from. f prove the program authorized by the And they can’t be prosecuted because FURTHER MESSAGE FROM THE Appalachian Regional Development there is no crime of the high seas to SENATE Act of 1965.’’. have one of these in your possession. A further message from the Senate f And what this legislation does is ba- by Ms. Curtis, one of its clerks, an- sically says ‘‘no more.’’ You cannot be GREAT LAKES LEGACY nounced that the Senate has passed REAUTHORIZATION ACT OF 2008 a crew member of one of these sub- without amendment a bill of the House mersible subs and if you are captured, of the following title: Mr. OBERSTAR. Mr. Speaker, I move whether the boat is captured or not, H.R. 5001. An act to authorize the Adminis- to suspend the rules and concur in the you have committed a criminal of- trator of General Services to provide for the Senate amendment to the bill (H.R. fense, and now a civil penalty can be redevelopment of the Old Post Office Build- 6460) to amend the Federal Water Pol- imposed on you as well. The Coast ing located in the District of Columbia. lution Control Act to provide for the Guard tells us that at any given time, The message also announced that the remediation of sediment contamina- Mr. Speaker, there are 100 of these on Senate has passed with amendments in tion in areas of concern, and for other the high seas working their way to the which the concurrence of the House is purposes. United States. And it doesn’t take requested, bills of the House of the fol- The Clerk read the title of the bill. much common sense to realize that lowing titles: The text of the Senate amendment is these same vessels that use and bring H.R. 2631. An act to strengthen efforts in as follows: in cocaine can bring in other material the Department of Homeland Security to de- Senate amendment: into this country, things that will do velop nuclear forensics capabilities to permit Strike section 3(f) and all that follows and us harm, like explosive devices. And attribution of the source of nuclear material, insert the following: they’re so shallow they can go up our and for other purposes. (f) AUTHORIZATION OF APPROPRIATIONS.—Sec- tion 118(c)(12)(H) of such Act (33 U.S.C. ports and our seaways and cause dam- H.R. 2963. An act to transfer certain land in Riverside County, California, and San Diego 1268(c)(12)(H)) is amended— age. So this legislation is important for County, California, from the Bureau of Land (1) by striking clause (i) and inserting the fol- two reasons. It is a national security Management to the United States to be held lowing: issue. And second, it’s a way of keeping in trust for the Pechanga Band of Luiseno ‘‘(i) IN GENERAL.—In addition to other that cancer, cocaine, out of the United Mission Indians, and for other purposes. amounts authorized under this section, there is States. I applaud this legislation to H.R. 5350. An act to authorize the Sec- authorized to be appropriated to carry out this make it a criminal offense and a civil retary of Commerce to sell or exchange cer- paragraph $50,000,000 for each of fiscal years offense to be in possession of one of tain National Oceanic and Atmospheric Ad- 2004 through 2010.’’; and ministration property located in Norfolk, (2) by adding at the end the following: these subs on the high seas. Virginia, and for other purposes. ‘‘(iii) ALLOCATION OF FUNDS.—Not more than Mr. LATOURETTE. Mr. Speaker, I H.R. 5618. An act to reauthorize and amend 20 percent of the funds appropriated pursuant thank the gentleman from Texas as the National Sea Grant College Program to clause (i) for a fiscal year may be used to well as the gentleman from California. Act, and for other purposes. carry out subparagraph (F).’’.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00021 Fmt 0688 Sfmt 6333 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22703 (g) PUBLIC INFORMATION PROGRAM.—Section The Great Lakes Legacy Act gives us today, research to understand the 118(c)(13)(B) of such Act (33 U.S.C. the opportunity to do that. It is the causes of pollution, funding to help cit- 1268(c)(13)(B)) is amended by striking ‘‘2008’’ culmination of a great deal of effort on ies build sewage treatment facilities and inserting ‘‘2010’’. both sides of the aisle in both bodies of and enforcement program to bring SEC. 4. RESEARCH AND DEVELOPMENT PRO- GRAM. the Congress. communities and industries together Section 106(b) of the Great Lakes Legacy Act I must stop for a reflective moment to clean up where they failed to do so of 2002 (33 U.S.C. 1271a(b)) is amended by strik- and go back to 1955 when my prede- voluntarily. ing paragraph (1) and inserting the following: cessor, John Blatnik, assumed the A great deal of progress has been ‘‘(1) IN GENERAL.—In addition to any amounts chairmanship of the Subcommittee on made since 1956. Since 1968 when the authorized under other provisions of law, there Rivers and Harbors. John Blatnik was Cuyahoga River caught on fire and is authorized to be appropriated to carry out also a scientist, a biochemist. He caught people’s attention, from later this section $3,000,000 for each of fiscal years served in the OSS in World War II be- that year in 1968 when great mounds of 2004 through 2010.’’. hind Nazi lines in northern Yugoslavia suds were floating down the Ohio River The SPEAKER pro tempore. Pursu- in what is Slovenia today, rescuing and endangering water quality of ant to the rule, the gentleman from American airmen shot down on return- homeowners who would turn on their Minnesota (Mr. OBERSTAR) and the gen- ing bombing runs over the Ploesti oil faucets and instead of getting clean tleman from Arkansas (Mr. BOOZMAN) fields in Romania. And John Blatnik water, they would get suds coming out. each will control 20 minutes. started his service as an educator in When just a little later, in 1969, Lake The Chair recognizes the gentleman the Civilian Conservation Corps after Erie was declared a dead lake, a dead from Minnesota. graduating from college. There weren’t sea it was called. GENERAL LEAVE any jobs. He became camp educational There were many proposals for how Mr. OBERSTAR. Mr. Speaker, I ask adviser in the Superior National For- to do this. One hare-brained scheme unanimous consent that all Members est, later a chemistry teacher in our was to punch a hole in the bottom of may have 5 legislative days in which to hometown of Chisholm, and then later, Lake Erie and let all the sediments revise and extend their remarks and to as I mentioned a moment ago, with the drain down 2,000 feet into some under- include extraneous material on H.R. OSS and working with the junior ground aquifer, which of course 6460. chamber of commerce on resource use Blatnik said was an absolute idiotic The SPEAKER pro tempore. Is there conservation. idea and would endanger far more than objection to the request of the gen- When he came to Congress, he the Great Lakes. But steadily with the tleman from Minnesota? brought his scientific mind to bear on funding that was provided under the There was no objection. the problems of the country. And in Federal Water Pollution Control Act Mr. OBERSTAR. Finally, we are here 1955 he took the chairmanship of the and later the Clean Water Act of 1972, with essentially a conference report on Rivers and Harbors Subcommittee and of which he was the principal author the Great Lakes Legacy Reauthoriza- traveled down the Mississippi River to and I served on the staff at the time, tion Act of 2008. This great and ex- understand the work of the Corps of cities along the Great Lakes invested traordinary body of water, the Great Engineers. What became more impor- some $10 billion, industry invested Lakes, represents one-fifth of all the tant for him was to see, as he described nearly $110 billion in cleanup, and the fresh water, not frozen, on the face of it, the raw phenols, the raw sewage toxics that once flowed into the Great the Earth and is a treasure for all of that came in to the Mississippi River Lakes began to recede and Lake Erie America, not just for the nearly 40 mil- from its tributaries and from the cities began to regain its vibrancy step by lion people who reside on or near or that lie along the banks of those 2,000 step. And now we have a vibrant fish- within 100 miles of those Great Lakes. miles as the river courses from Upper ery. We have the same on Lakes Michi- It’s a treasure for all of America and Leech Lake down to the Gulf of Mex- gan, Ontario, Huron and Superior. for the world. It is our responsibility. ico. He said that by the time we got to But the challenge is never over. And only us humans can protect that New Orleans, there were raw phenols Those toxic hotspots, those 45 areas of water. bubbling in the water. It was toxic. It concern, still have to be dealt with. Only Lake Baikal rivals the volume was a soup of chemicals. And he real- And the Great Lakes Legacy Act, of water in Lake Superior. Lake Baikal ized that more important than the which the gentleman from Michigan is deeper. It’s almost 1 mile deep, not locks and the navigation channels was championed in 2002 which the House as much surface, enormously deep to clean up the Mississippi. passed, the Senate passed and got en- water. Next is Lake Victoria in Africa. And then he turned his attention as acted, set the stage for substantial in- But all are standing in line in signifi- well to the Great Lakes. These were vestment that we included in our cance, in volume and in quality of great reservoirs of clean water. And House-passed version, $150 million a water to the Great Lakes. how could they be fouled? But by that year through 2013. The gentleman from Michigan, for time, the lamprey had invaded the Regrettably, when this measure got whom I have enormous admiration, Mr. Great Lakes. And in 1953, just 2 years over to the Senate, as so often happens EHLERS, has been a relentless cham- before he took the chairmanship of in the other body, one person can shut pion since entering the service of Con- that subcommittee, the lake trout pop- down the Senate and can shut down the gress, bringing his splendid scientific ulation plummeted from 3.5 million country. In this case one objection held mind to the challenges of the Great pounds of catch a year to 350,000 up Senate action on the bill until fund- Lakes, of invasive species, of water pounds. The white fish population ing for the program was cut. I’m just quality, of bottom sediments in the 45 plummeted from 2.5 million pounds to so disappointed and so anguished over toxic hotspots of the Great Lakes, 250,000 pounds in just 1 year because the failure of the Senate to provide the principally the harbors throughout the the lamprey exploded with violent funding. They didn’t change anything lakes, the need to study, to understand force on the Great Lakes, this invasive else in the bill, just implementing it, the causes, but then for the need to im- species that came in the ballast water just funding it. That is cutting out the plement an action program to deal of vessels probably from the Black Sea heart. That’s all right. with this. It is not enough just to into the fresh waters of the Great verify in scientific test tubes that pol- Lakes. b 1200 lution exists and invasive species are That led John Blatnik to launch leg- Congress survives. We will come back present, but to get to the causes and islation that he called the Federal next year. There will be a different then to roll back that pollution, to roll Water Pollution Control Act of 1956, spirit in the White House, a different back those invasive species and to pre- signed into law by President Eisen- spirit in the Congress. We will fix that. vent their further or future entry into hower, with three key provisions that We will provide funding in years to this waterway. are still the core of the EPA program come. For now, it is important to move

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22704 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 ahead with this excellent piece of legis- The Great Lakes Legacy Act does not most, effective Federal environmental lation, which will help us move further try to presume any particular type of cleanup programs ever developed. ahead, laying the groundwork for cre- cleanup option. Rather, it simply en- Those are not my words, those are the ating the framework within which we courages stakeholders to take action words I have heard from many individ- can undertake cleanup in those areas and make sure that the action they uals about the Great Lakes Legacy Act of concern. take will make a real improvement to which we put in effect a few years ago. I want to thank the gentleman from human health and the environment. This bill today will continue that act. Arkansas, the ranking member of the The Great Lakes Legacy Act reflects a In 2002, I authored the original Great Water Resources Subcommittee, for his consensus approach to addressing sedi- Lakes Legacy Act, which was passed attention to detail. He has really lent ment contamination, and it is strongly into law with broad bipartisan support. his best efforts to understanding the supported by both environmental The Great Lakes Legacy Act provides broad problems of water quality, water groups and business groups in the Federal funding to clean up contami- resource development issues, the pro- Great Lakes region. nated sediments in the tributaries of grams of the Corps of Engineers, and I The House passed H.R. 6460 earlier our Great Lakes. These contaminated greatly appreciate his thoughtful, this month, and now the Senate has re- sediments are a legacy of our indus- scholarly consideration. And, of course, turned it to us in modified form. As the trial past, and the longer we wait to our Chair of the subcommittee, the authorization for the Great Lakes Leg- clean them up, the greater the likeli- gentlewoman from Texas, EDDIE BER- acy Act expires this year, it is impor- hood that they will be transported into NICE JOHNSON, who has really been vig- tant that we move this legislation the open waters of the Great Lakes, orous in her pursuit of the water re- today. It is a compromise bill that where cleanup is virtually impossible. sources issues under the jurisdiction of keeps this important program working. the committee. The earlier House-passed version Just to give one example, the city of I reserve the balance of my time. would triple the authorization level by Kalamazoo, Michigan, has been re- Mr. BOOZMAN. Mr. Speaker, I yield raising it to $150 million per year. I am nowned for years for the paper plants myself such time as I may consume. pleased to see a more realistic spending which developed high quality paper Mr. Speaker, I want to first commend level associated with the bill before us using the forests of Michigan. When our colleague from Michigan, Dr. today. This current bill maintains the PCBs were discovered, that seemed like EHLERS, for his years of work with authorization level in existing law. The an ideal thing to include in the com- stakeholders from the Great Lakes to act is being funded at a level between position of the coatings on the paper. advance the Great Lakes Legacy Act. $22 million and $35 million per year, No one realized their poisonous, toxic The Great Lakes are a vital resource still far short of the existing $50 mil- nature, and today the Kalamazoo River for both the United States and Canada. lion annual authorization level. bottom is littered with remnants of The Great Lakes system provides a wa- While we might like to see more that time with considerable amounts of terway to move goods, a water supply money invested in cleaning up the PCBs. for drinking, industrial and agricul- Great Lakes, it is hard to justify tri- Earlier this year, Congressman OBER- tural purposes, a source of hydro- pling the authorization when Congress STAR and I introduced H.R. 6460 to re- electric power, and swimming and has not been willing to appropriate authorize and expand the Great Lakes other recreational activities. anything close to its current author- Legacy Act. In addition to making a But the industrialization and devel- ization levels. Again, I think that this number of improvements to the origi- opment of the Great Lakes Basin over is something that we need to work on nal law, our bill also dramatically in- the past 200 years has had an adverse to get the authorization level met by creased the authorization for Great impact on the Great Lakes. Although our appropriators. Lakes cleanup from $50 million per safe for drinking and swimming, in I remain skeptical of including habi- year to $150 million per year. If fully many places fish caught from the tat restoration as one of the authorized appropriated, this funding level has the Great Lakes are not safe to eat. Lake purposes for the funds. By expanding potential to clean up all of the known sediments contaminated from the his- this program to cover other purposes, toxic hot spots within 10 years, which tory of industrialization and develop- there will be less money for the act’s will save a considerable amount of ment in the region are one of the pri- primary purpose of getting pollution money over the cost which will be in- mary causes of the problem. out of the water. Nevertheless, by all curred if we do not clean it up and By treaty, the United States and means, the Great Lakes Legacy Act those toxic materials get into the Canada are developing cleanup plans has been a successful program, and I Great Lakes. for the Great Lakes and for specific support its reauthorization. On September 18, the House passed areas of concern. The Great Lakes Leg- I want to congratulate Dr. EHLERS acy, Act passed in 2002, has helped citi- the Great Lakes Legacy Act by an for his hard work in bringing the legis- overwhelming majority of 371–20. Un- zens restore the water quality of the lation to the floor. He has been a tire- Great Lakes by taking action to man- fortunately, the Senate was unable to less champion for the Great Lakes. overcome the objections of a few Sen- age and clean up contaminated sedi- I reserve the balance of my time. ments and to prevent further contami- Mr. OBERSTAR. Mr. Speaker, I have ators who did not appreciate the neces- nation. no other speakers at this time, and I sity to authorize enough money to The Great Lakes Legacy Act author- reserve the balance of my time. clean up all of the contaminated sedi- ized the Environmental Protection Mr. BOOZMAN. Mr. Speaker, I yield ments within the next decade. Because Agency, the EPA, to carry out quali- such time as he may consume to the the Legacy Act expires on September fied sediment remediation projects and gentleman from Michigan (Mr. 30th, which is rapidly approaching, sup- conduct research and development of EHLERS). porters in the Senate, most notably innovative approaches and techniques Mr. EHLERS. I thank the gentleman Senator LEVIN and Senator VOINOVICH, for the remediation of contaminated for yielding. I appreciate his com- worked hard to draft a compromise sediment in the Great Lakes. Legacy ments. I especially appreciate his sup- amendment that ensures this vital Act funding must be matched with at port of this bill. I also commend the cleanup program continues. least a 35 percent non-Federal share, gentleman from Minnesota for his The Senate approved the amended encouraging local investment. By en- thorough discussion of the history of Legacy Act by unanimous consent on couraging cooperative efforts with the Great Lakes pollution problems September 25. That is the bill which is State and local governments and and the solutions that we have devel- before us. It is not what I had hoped to through public-private partnerships, oped. I certainly appreciate his support have. It is not what I think we should the Great Lakes Legacy Act has pro- for this bill. have. But the Senate amendment, al- vided a better way to address the prob- I rise today in strong support of the though it decreases the $150 million per lem of contaminated sediments. reauthorization of one of, if not the year authorization, does continue the

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22705 current $50 million per year authoriza- which helped build the United States. so aggressive and bringing this before tion, plus $4 million per year for ancil- But as our economy changed, many of Congress. This is an important bill. It’s lary activities. these communities were left with something that we very much support. The amendment also decreases the bankrupt hulks occupying much of the Also, I appreciate Mr. MICA’s hard authorization from 5 years to 2 years. most valuable resources and real estate work in this area and, of course, the This is not because we want to shorten in America. chairlady of our subcommittee, EDDIE the period of time this bill is in effect, In 2001, I joined with Chairman BERNICE JOHNSON and her staff, for all but because the Senators wanted to re- EHLERs to begin this new program, the of their hard work, and then my staff. introduce the bill with us next year Great Lakes Legacy Act. This program I look forward to working with Mr. and put in place a longer bill with was designed to clean up these Mid- OBERSTAR and EDDIE BERNICE in the greater authorization. western harbors, like Waukegan, Illi- sense of trying to get our appropriators Although I am disappointed that this nois, that suffered from George Soros’ working with them. funding authority has been decreased, I Outboard Marine Corp that polluted Mr. Speaker, we do have an author- am pleased with for the broad support our harbor before Soros then looted ization level that we haven’t been able this program has garnered. Congress- and bankrupt the company. to meet thus far. I hope that we can man OBERSTAR has mentioned some of The funding for this program also re- work with them in the rest of this Con- that broad support. I especially appre- sulted from a unique story. Congress- gress and certainly the next Congress ciate the commitment of Chairman man RAHM EMANUEL and I, as newer to get that level up to the maximum OBERSTAR to revisit this authorization Members of Congress, were invited by that we can with what we have dealt in the 111th Congress. the President of the United States on with. I once again want to thank Chairman Air Force One. We decided jointly that Mr. Speaker, I yield back the balance OBERSTAR, Chairwoman JOHNSON, and in the corridor of that aircraft we of my time. especially Ranking Members MICA and would buttonhole the President, and Mr. OBERSTAR. Again, I want to ex- BOOZMAN for their hard work and for me, somewhat more softly, and RAHM, press great appreciation to our col- moving this bill so expeditiously. It is somewhat more forcefully, urged the leagues on the committee on the Re- not always easy for individuals from President to support the Great Lakes publican side who have worked without other parts of the country to appre- Legacy Act. Finally, the President re- party barriers or banners to deal with a ciate the importance of the Great lented and said, Okay, MARK, RAHM, I common issue of importance to all of Lakes and the importance of cleaning get it. Clean up Great Lakes harbors. us on the Great Lakes, and that is to up the toxic materials. I personally So appropriations were found, even in address these issues, these areas of con- want to thank Chairman BOOZMAN for the President’s budget. cern. his very diligent work in examining This program now has cleaned up five I also want to express great apprecia- this issue, fully understanding it, and areas of concern, with 31 to go. The tion to Senators LEVIN and VOINOVICH, getting the bill through the process. success of cleaning up harbors no GEORGE VOINOVICH of Ohio, CARL LEVIN I also want to thank all the members longer can be doubted, especially in my of Michigan, who both have been cham- of the Great Lakes Task Force, and area, because we are all now seeing pions for the Great Lakes. I have there are many, who have joined in co- what is happening in Kenosha and known both men for many, many sponsoring this particular bill. Racine, Wisconsin, recognized now as years, Senator VOINOVICH, particularly, I ask my colleagues to once again tremendous economic successes. going back to his years as mayor of join me in supporting H.R. 6460. Let’s Cleveland and Governor of Ohio. We b 1215 immediately get this bill on the Presi- worked together on so many issues. dent’s desk for his signature, so that When we clean up Waukegan Harbor, We worked on economic development this important work can continue in all likelihood, probably using a more of the Great Lakes, water quality, unabated. traditional Superfund authority, we ex- trade between Canada and the United Mr. BOOZMAN. I have another pect to see an $800 million economic States, on the Asian carp issue, sup- speaker, Mr. Chairman. boom in eastern Lake County. porting funding for the barrier to the Mr. OBERSTAR. We have no further Now Chairman OBERSTAR and Rank- Chicago rivers, to prevent the Asian speakers on our side. I welcome the ing Member BOOZMAN have rightly carp from getting into the Great gentleman to recognize other speakers. backed this bill, which underscores a Lakes; and then the second barrier The SPEAKER pro tempore (Mr. key point that environmental cleanup that is authorized in the Water Re- ALTMIRE). The Chair recognizes the and economic development go hand in sources Development Act south of the gentleman from Arkansas. hand in the Great Lakes. We did run Twin Cities, to prevent Asian carp Mr. BOOZMAN. Thank you, Mr. into a snag in the Senate, Senator from going up the Mississippi into the Speaker. I am from Arkansas, and be- COBURN, who set certain conditions on inland waters of the State of Min- cause of people like Dr. EHLERs’ hard the passage of this bill. nesota and into the upper Midwest. work, because of our chairman Mr. I wish they could have visited some While there is occasionally obstruction OBERSTAR’s hard work, they really of these communities. I wish he could from the other body, there are people have educated us to help us understand have seen how much economic develop- of goodwill, good intentions and good the importance of this body of water. ment has already been fostered. I wish bipartisan spirit who deserve recogni- So I commend you all for your due dili- he could have seen the new entre- tion. gence in that regard. preneurs and businesses created. But, In the Duluth Harbor, with the Corps I yield such time as he may consume for now, here in the House, we rightly of Engineers and the EPA, we have had to the gentleman from Illinois (Mr. join together as Republicans and a remarkable success story in dredging KIRK). Democrats to build a success upon a bottom sediments with suction dredg- Mr. KIRK. Mr. Speaker, I want to success to keep this program on track. ing and other technologies that avoid thank my colleague, Mr. BOOZMAN, who I thank the authors of this legisla- reintroduction into the water column helped bring this bill forward and has tion and commend their work and urge of the removal of bottom sediments developed an expertise on Great Lakes their quick adoption of this legislation. and putting them into a contained dis- harbors, and then our leaders on these Mr. OBERSTAR. Mr. Speaker, I re- posal facility. The Erie Pier in the Du- issues, the chairman of the Transpor- serve the balance of my time. I am pre- luth-Superior Harbor has maybe 2 mil- tation Committee, Mr. OBERSTAR. pared to close if the gentleman is pre- lion cubic feet of bottom sediments We all should tell many of our fellow pared to close on his side. that have been dredged from the har- colleagues who don’t represent the Mr. BOOZMAN. I want to thank Mr. bor, deposited in the facility, with the Great Lakes that quite obviously our OBERSTAR for his leadership, Dr. sand filtration barrier that has allowed region is studded with industrial cities EHLERS for his years and years of being the water to filter back into the lake

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22706 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 relatively clean, not quite drinkable, The text of the bill is as follows: GENERAL LEAVE but without the toxics, without the H.R. 6707 Mr. OBERSTAR. Mr. Speaker, I ask PCBs, without the mercury and cad- Be it enacted by the Senate and House of Rep- unanimous consent that all Members mium and lead and other toxic metals resentatives of the United States of America in may have 5 legislative days in which to that have been found in those bottom Congress assembled, revise and extend their remarks on the sediments. SECTION 1. SHORT TITLE. bill, H.R. 6707, as amended. What the Corps learned in this This Act may be cited as the ‘‘Taking Respon- The SPEAKER pro tempore. Is there project was that the most complicated sible Action for Community Safety Act’’. objection to the request of the gen- issue is that of grease, fuel oil, gaso- SEC. 2. EFFECT OF MERGERS ON LOCAL COMMU- tleman from Minnesota? line, other hydrocarbons that mix with NITIES AND RAIL PASSENGER There was no objection. TRANSPORTATION. Mr. OBERSTAR. Mr. Speaker, I yield the sand and the clay in the harbor Section 11324 of title 49, United States Code, is bottom and become extremely difficult amended— myself such time as I may consume. to extract in the cleanup process. (1) in subsection (a)— This bill before us arises out of long- Attacking that issue, this is a typical (A) by striking the last sentence and inserting standing concerns of communities issue, we had a steel mill in Duluth for ‘‘The Board shall hold public hearings on the along the routes of the Nation’s freight nearly 100 years. Its discharges went proposed transaction, including public hearings rail system, particularly in cases where into the harbor, and that’s typical of in the affected communities, unless the Board there is dramatic change, where a many communities along the lower determines that public hearings are not nec- merger has occurred or is about to essary in the public interest.’’; occur, and the result of which will be lakes that have to deal with these (2) in subsection (b)— problems of bottom sediments. We (A) by striking ‘‘which involves the merger or to change their quality of life. learned a great deal from Duluth. We control of at least two Class I railroads,’’ and The period of the Interstate Com- now need to apply those lessons to the inserting ‘‘with respect to a transaction that in- merce Commission, from the 1880s until other harbors on the Great Lakes. volves at least one Class I railroad,’’; the Staggers Act of 1980, was a period It’s somewhat of an embarrassment (B) by inserting ‘‘the effect on the public in- of regulation necessary in the public to us in the United States that Canada terest, including’’ after ‘‘the Board shall con- interest but of increasing burdensome has cleaned up two of its three prin- sider’’; regulation that inhibited the produc- (C) in paragraph (2), by striking ‘‘on the pub- tivity of the Nation’s railroads. Many cipal areas of concern and we have not lic interest’’; done as well in the United States. This (D) by striking ‘‘and’’ at the end of paragraph would argue that the result of deregu- legislation sets the framework for us to (4); lation was too little representation of move in that direction, $150 million (E) by striking the period at the end of para- the public interest in our freight rail would have provided the funding we graph (5) and inserting a semicolon; and system. need to go in that direction, but we (F) by adding at the end the following new There are so many instances where will deal with that in the next Con- paragraphs: the freight railroads have dismissed or gress. ‘‘(6) the safety and environmental effects of been dismissive of or not paid suffi- the proposed transaction, including the effects cient attention to the concerns of com- Again, I thank all who have partici- on local communities, such as public safety, pated. I am pleased that the gentleman grade crossing safety, hazardous materials munities and people that live along the from Illinois mentioned Mr. EMANUEL transportation safety, emergency response time, railroad, the tracks that go through from Chicago. RAHM EMANUEL has cer- noise, and socioeconomic impacts; and their cities and by their homes. There tainly been a champion on the issue on ‘‘(7) the effect of the proposed transaction on are, of course, those cases where some our side as well, along with a great list intercity rail passenger transportation and com- railroads have been very attentive and of Members. muter rail passenger transportation, as defined very responsive. Mr. Speaker, I yield back the balance by section 24102 of this title.’’; But the core problem is that of the (3) by redesignating subsections (c), (d), (e), Surface Transportation Board. As we of my time and ask for a unanimous and (f) as subsections (d), (e), (f), and (g) and vote in support of the Great Lakes Leg- inserting a new subsection (c) as follows: looked into the issues of concerns acy Act. ‘‘(c) The Board shall approve and authorize a raised by many communities along The SPEAKER pro tempore. The transaction under this section when it finds the class 2 or class 3 railroads, who are question is on the motion offered by transaction is consistent with the public inter- about to be absorbed into a larger class the gentleman from Minnesota (Mr. est. The Board shall not approve a transaction 1 railroad, I find questions of the ac- OBERSTAR) that the House suspend the described in subsection (b) if it finds that the tions of the Surface Transportation rules and concur in the Senate amend- transaction’s impacts on safety and on all af- Board defending the public interest. fected communities, as defined under subsection ment to the bill, H.R. 6460. This bill will assure that the Surface (b), outweigh the transportation benefits of the Transportation Board will have the The question was taken. transaction. The Board may impose conditions The SPEAKER pro tempore. In the governing a transaction under this section, in- legal authority and policy direction it opinion of the Chair, two-thirds being cluding conditions to mitigate the effects of the needs to deal with mergers, which have in the affirmative, the ayes have it. transaction on local communities.’’; potential to cause serious safety, envi- Mr. BOOZMAN. Mr. Speaker, on that (4) in subsection (d), as redesignated, by strik- ronmental and other quality-of-life I demand the yeas and nays. ing ‘‘The Board shall approve’’ and all that fol- problems for the people in the commu- The yeas and nays were ordered. lows through ‘‘the transaction, including’’ and nities along the route of the proposed inserting ‘‘The conditions the Board may impose The SPEAKER pro tempore. Pursu- merger. under this section include’’; and The bill does not require the STB, ant to clause 8 of rule XX and the (5) in subsection (e), as redesignated, by strik- Chair’s prior announcement, further ing ‘‘the merger or control of at least two Class Surface Transportation Board, to ap- proceedings on this motion will be I railroads, as defined by the Board’’ and in- prove or disapprove any particular postponed. serting ‘‘a transaction described in subsection merger. It is not merger specific. It f (b)’’. seeks only to ensure that when the SEC. 3. EFFECTIVE DATE. STB considers mergers, it will have the TAKING RESPONSIBLE ACTION The amendments made in this Act shall be ap- authority to disapprove any merger in FOR COMMUNITY SAFETY ACT plied to all transactions that have not been ap- which the benefits from the merger are Mr. OBERSTAR. Mr. Speaker, I move proved by the Board as of August 1, 2008. outweighed by the adverse effects on to suspend the rules and pass the bill The SPEAKER pro tempore. Pursu- communities or safety. (H.R. 6707) to require Surface Transpor- ant to the rule, the gentleman from It will vest in the board authority tation Board consideration of the im- Minnesota (Mr. OBERSTAR) and the gen- and give the board direction to fully pacts of certain railroad transactions tleman from Pennsylvania (Mr. SHU- evaluate rate crossing safety, haz- on local communities, and for other STER) each will control 20 minutes. ardous materials transportation safety, purposes, as amended. The Chair recognizes the gentleman public safety, noise, job losses, adverse The Clerk read the title of the bill. from Minnesota. economic impact. It will also, and our

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22707 anticipation is, that the board will ing in an increasingly difficult eco- from the communities that will be af- fully evaluate the benefits of a merger. nomic climate, and the last think that fected in a positive way. We hear from There are clearly, in most of these we want to do is discourage investment the suburbs, the wealthy and upper mergers, benefits for one community that will improve capacity, and espe- middle-class suburbs of Chicago that that unfortunately are accompanied by cially in Chicago. Anybody that ships are fighting this, but we haven’t heard adverse effects on other communities, across this country knows that Chi- from the inner city of Chicago where or at least perceived adverse effects. cago is the most congested area in the low-income folks will see train traffic Now, the problem that we found in country. It is a bottleneck and it is not decrease so they won’t have to deal the course of the hearing and in evalu- only a bottleneck in the upper Mid- with the freight trains as much as they ating issues leading up to the hearing west, it is a bottleneck to the entire do today. in the Committee on Transportation system because so much of our freight I am not in a position to judge and Infrastructure is that the action of goes through Chicago. whether this transaction should go for- the board in dealing with mergers of The port of Seattle, 70 percent of ward. That is not Congress’s job. It is two class 1 railroads are different au- what comes into the port of Seattle the STB’s job. The STB was not thorities than are available to the flows through to Chicago. So I think brought into this process in drafting board in evaluating the proposed merg- Americans need to realize how impor- the bill. The chairman of the STB and er of a class 1 and a class 2 or class 3 tant Chicago is to the shipment of his staff have warned of serious con- railroad. goods in this country. cerns about the affects of this. We need This legislation will assure or make In the next 20 to 25 years, we expect more involvement and input from the it clear that the board has the same rail demand to increase 90 percent over STB before we change the rules of the authority to deal with mergers of class today’s level, and the industry will game. 1 with class 2 and class 3 railroads as it need to invest $135 billion in infrastruc- Again, I am very disappointed we are does in mergers of class 1 to other class ture just to keep pace with this unprec- here today. I hope we can defeat this 1 railroads. edented growth. We cannot afford to and go back to committee and produce Mr. Speaker, I reserve the balance of discourage this investment, and I be- a bill that has broad, bipartisan agree- my time. lieve the TRACS Act will do just that. ment. It is also very troubling that this leg- I reserve the balance of my time. b 1230 islation will be retroactive because we Mr. OBERSTAR. Mr. Speaker, I yield Mr. SHUSTER. Mr. Speaker, I rise in are creating a new standard of review myself 1 minute. opposition to this bill, and I yield my- for deals reached years ago. This type I want to remind the gentleman that self such time as I may consume. of retroactive congressional action we incorporated all of the requests of I am very, very disappointed to be can, and I believe will, undermine con- the minority as we moved to create the here today speaking on this bill. The fidence in our regulatory system and manager’s amendment to the bill, in- TRACS Act is much too controversial deserves much more scrutiny than we cluding spelling out what benefits to be considered under suspension. I have given it. should be considered, along with ad- wrongly believed that we had an under- This bill was introduced to kill a sin- verse impacts. We announced the hear- standing with the majority that we gle merger, and this has generated sig- ing and invited all parties to the merg- would continue to work in a bipartisan nificant controversy in the Chicago er referenced by the gentleman, and manner to improve this bill before we area, which as I said, is one of the most welcomed all communities to partici- brought it to the floor. That is very un- congested areas in the country. But it pate in the hearing. Those who chose like, very uncharacteristic of the T&I will also affect, I believe, all future rail not to did so of their own accord. They Committee. We did have one hearing. mergers in this country. were not excluded. We had a very ex- We had no subcommittee hearings. As I I am unconvinced that this bill will tensive hearing in which all were wel- said, that is not characteristic of the even accomplish the goals of the Chi- come to participate in, and we explored Transportation Committee and how it cago community, to stop CN pur- fully all of the issues involved in this works. So it is disappointing to me to chasing the EJ&E line. I understand issue. bring this bill here under those cir- that CN will spend an astounding $25 Now I am pleased to yield 2 minutes cumstances. million to review the environmental to the gentlewoman from Illinois (Ms. I oppose H.R. 6707 because I am con- impacts of their acquisition of the BEAN). cerned that changing the Surface EJ&E line. They are offering at least Ms. BEAN. Mr. Speaker, I thank the Transportation Board’s merger and ac- $40 million to offset negative impacts chairman for yielding and for his lead- quisition review process could have un- of an increase in train traffic in that ership on this important bill. I rise in intended consequences of hampering area and on that line. strong support of H.R. 6707, the Taking the growth of our Nation’s railroad in- But there is nothing in the bill that Responsible Action for Community dustry. I know that the folks who serve would prevent the current owner, Safety Act. on the committee know how important EJ&E, from running additional trains I got involved in reviewing the STB’s it is that we expand the capacity of the over those tracks. If the CN deal falls mission and decision-making process railroad industry in this country. through, the increase in traffic may because of a proposed local transaction One of the ways to do that is through very well happen. And the $40 million that would have negatively impacted mergers and acquisitions. It is an im- that CN is offering to mitigate the ef- communities in my district, across portant part of how the industry has to fects, will be off the table. If that turns suburban Illinois, Indiana and other grow and needs to grow because it al- out, that the $45 million is off the parts of the country. However, unless lows railroads to invest in underuti- table, that CN is not going to put that the STB review is clarified, commu- lized trackage around the country. the money into the deal, it would be nities and districts across the country Some on the other side have com- very troubling for those communities. could face similar challenges. plained that the class 1 railroads have But the STB today has the authority The current process has historically given up track around the country. I to increase from $40 million to $45 mil- put the interests of industry over those believe they have, and they did it be- lion, to mitigate those problems that of American families and taxpayers. cause they were not profitable. But they believe will occur. But if it goes This doesn’t have to be the case. As here we have a situation where they too high, it also likely will kill the noted by the board’s most recent deci- are trying to use trackage that will be deal. sion, the STB has the ability to deny important to increasing capacity in I am sympathetic to the needs of the an acquisition and/or mitigate on envi- this country. communities that are affected by the ronmental grounds. This bill is likely to have a chilling deal. There are two sides, and I am The TRACS Act clarifies their obli- effect on rail transactions. We are liv- sorry that we haven’t heard much more gation as a Federal agency to protect

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22708 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 the interests of those taxpayers who at the public interest standard and The SPEAKER pro tempore. The gen- fund them. This bill will clearly re- must evaluate that. I am just con- tleman’s time has expired. quire that public impact concerns are cerned that this additional require- Mr. OBERSTAR. I yield an additional given equal consideration to those of ment will really be a chilling effect and minute. commerce. And while the impacts on a will adversely impact rail service in Mr. VISCLOSKY. Five to 10 percent local shipper may be important, they rural America which will have an ad- of grade separation because grade sepa- shouldn’t outweigh the impact on com- verse impact on all of us, particularly rations, and this is the STB, primarily munities and the citizens who live at this time when energy prices, being benefit the community and not the there. as high as they are, we know that we railroad. The STB would be required to con- can transport goods by rail cheaper Well, in northwest Indiana on July 8, sider public impact on communities, which makes us more competitive in three people died in a crossing accident including public safety, grade crossing the global marketplace. For that rea- in Gary, Indiana. On July 25, in north- safety, hazardous materials transpor- son, I would respectfully oppose this west Indiana in the community of Grif- tation, emergency response, noise pol- legislation. fith, there was a rail accident where lution, socioeconomic impacts, and Mr. OBERSTAR. Mr. Speaker, I yield three additional people were injured. In commuter rail. After review, if the ad- 2 minutes to the gentleman from Indi- Portage, Indiana, this month, on Sep- verse impacts on communities are sig- ana (Mr. VISCLOSKY), the Chair of the tember 3, another woman was killed in nificant or outweigh the potential ben- water resources appropriations sub- Porter County. There is one person get- efits to commerce, then the STB would committee. ting killed at a train accident in the be required to disapprove or mitigate Mr. VISCLOSKY. I thank the chair- 1st Congressional District every 21 accordingly. man for yielding, and I truly want to days since July 8. This is not about a particular trans- thank Mr. OBERSTAR for his leadership I support the chairman’s legislation action. And contrary to concerns ex- and for what he is trying to do today. that says let’s think about people for a pressed by some, it should not have a What I would like to do with my time change. Let’s have some equity in this chilling effect on the ability to in- is first of all to respond to a couple of so that people and communities are crease necessary rail capacity across the observations made by my good protected, just like the railroads are. this country. It also shouldn’t ad- friend from Pennsylvania on this legis- lation. [From the Northwest Indiana and Illinois versely affect traditional rail mergers Times, July 8, 2008] I would agree, I believe the chairman or acquisitions which don’t signifi- would agree, that the industry has to THREE DEAD IN CAR-TRAIN CRASH cantly change traffic levels or commu- continue to evolve. It has to continue (By Dan Hinkel) nity impact and are only changing a to grow. But today, the industry is GARY.—Three people died when a freight parent company. here and the people of the United train blasted through a car that drove But in those rare cases where there States are here. What Mr. OBERSTAR, around crossing gates Monday afternoon in are drastic increases in freight traffic what the chairman is trying to do is to Gary’s Miller neighborhood, police said. The victims were Marvin Alvarez, 20, of that can have negative impacts, the make sure as the industry evolves and TRACS Act is a commonsense clari- Gary, and Nicole Thomas, 21, and Rosie becomes more efficient and more prof- Godines, 18, both of Hobart, according to a fication to ensure the STB’s balanced itable, which we all want, that people consideration of the railroad’s com- spokeswoman from the Lake County coro- are considered equally. ner’s office. mercial goals with the communities Secondly, he mentions that this is The busy scene at Miller Avenue and Lake and American taxpayers whom we simply a fight about one transaction Street devolved into turmoil in the hours serve. and one community, the City of Chi- following the 5 p.m. wreck. Irate mourners I urge my colleagues to support the cago. He is incorrect in his assertion. scuffled with police officers and attacked bill. The fact is there is a transaction pend- cameramen from television news crews. An officer appeared to fire a Taser on a sobbing, Mr. SHUSTER. Mr. Speaker, I yield 3 ing. It highlights the need for this leg- minutes to the gentleman from Ken- shrieking man who joined a group of people islation. While he suggests the conges- fighting with a man who appeared to be a po- tucky (Mr. WHITFIELD). tion of Chicago, I would point out that Mr. WHITFIELD of Kentucky. Mr. lice detective. every one of those trains in Chicago All three died at the scene after the south- Speaker, Chairman OBERSTAR has been happens to go through Lake and Porter bound Ford Taurus pulled around the gates a great leader in the transportation counties, Indiana, which I represent. into an eastbound CSX train’s path, police issues of our country, and certainly The gentleman also suggested that said. None of the victims wore seat belts, and one of the leaders in rail transpor- there might be some costs attached to two of them were thrown from the car, said tation policy, but I would just like to the industry if this act passed, $25 mil- Gary police Cpl. Agnes Roberts. The bodies say on this bill that one of the goals of lion here, $40 million here. The fact is were covered with sheets near the car as fire- fighters cut the third body from the vehicle’s the rail transportation policy of the we voted in this Chamber to the auto United States is to ensure the develop- wreckage in front of witnesses and bystand- industry $25 billion. We voted within ers gathered along the commercial strip. ment of a sound rail system to meet the week to give the battery industry a ‘‘I still can’t believe it and I’m standing the needs of shippers and the con- couple of billion dollars. People are right here looking,’’ said Sandra Mays, of suming public. tripping over themselves in this place, Gary. I am genuinely concerned that H.R. tripping over themselves in this place, Mays drove the first northbound vehicle in 6707 may actually have an adverse im- to give millions of brokers and bankers line behind the gates before the wreck. She pact on our rail system, particularly as $700 billion. What about people? What was prepared for a long wait before the Tau- it relates to rural communities. In about the people of this country? rus came ‘‘out of nowhere’’ around the gates, rural areas of our country, at one time Mays said. She called 911 after the train That’s what Mr. OBERSTAR is trying to plowed into the car’s passenger side and we had strong railroad service which say, instead of the railroads and the pushed it about 50 feet east down the tracks. contributed a great deal to the eco- people, let’s have some equity as far as Mays said she could see that all the victims nomic development in rural America. I these future considerations. were dead. am very much concerned that this leg- I would simply point out this is ‘‘It happened so fast, like something you islation, while it has every good inten- somewhat personal to me. In 1977, my see on TV,’’ she said. tion of protecting local communities, mother was hit by a train. She sur- Shirley Taylor, of Merrillville, was in the will actually be a chill to continued vived the experience. But more perti- nearby Chase bank when she heard the rail service in a lot of small commu- nent to this debate, the Surface Trans- train’s horns blowing and its brakes screech- ing, she said. The bank manager ran outside nities. portation Board indicated that rail- to help, but he returned with shock on his The Rail Transportation Safety roads historically have not paid more face, Taylor said. Board already is required to look, on than a small share for grade separa- ‘‘He came over and told everyone there was rail mergers and acquisitions, to look tion. nothing he could do,’’ Taylor said.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.000 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22709 The victims’ relatives descended on the [From the Northwest Indiana Post-Tribune, H.R. 6707 would distort that standard and scene about 6 p.m. A small group of furious Sept. 4, 2008] STB evaluation process by requiring the STB men alternated between sobbing inconsol- PORTAGE WOMAN, 43, DIES WHEN HIT BY TRAIN to specifically weigh the adverse impacts on ably and bellowing profane threats at police, safety and local communities against the PORTAGE.—Police are continuing to inves- firefighters, clergy, bystanders and news re- transportation benefits of a merger. tigate the death of a Portage woman who porters. A man who identified himself as The bill’s mandate for the STB’s evalua- was killed Tuesday night when a train hit Alvarez’s brother struggled with officers. A tion to specificallly focus on the impact on her. local communities as a counterweight to the man threw a rock at a television camera- Linda Evola, 43, of 5075 Lincoln St., was de- man. Another man was arrested after a fight overall transportation benefits that a merger clared dead at 11:04 p.m. Tuesday from mas- would otherwise realize can result in the dis- in the Chase bank parking lot. He was hand- sive blunt force trauma, Porter County Cor- cuffed and apparently stunned with a Taser. approval of mergers with significant benefits oner Victoria Deppe said. to the public and to the nation solely be- Gary police were not available Monday night Evola was hit by an eastbound CSX train to comment on the fights after the crash. cause of ‘‘nimby’’ism. This would clearly be near Don’s Motel, 5500 U.S. 20, around 10 p.m. at odds with rail transportation policy at 49 The train’s nine cars and two locomotives Tuesday, according to a Portage Police De- were headed from Chicago to Columbus, USC 10101 which has as a goal the develop- partment release. ment sound transportation system to meet Ohio, said CSX spokesman Gary Sease. No Sgt. Keith Hughes said two engineers on one on the train was hurt, Sease said. the needs of the public. the train saw Evola walking west on the The bill’s requirement for a specific STB tracks and sounded the train’s horn. The en- focus on local impacts creates an additional [From the Northwest Indiana and Illinois gineers said Evola looked up, Hughes said, regulatory burden and imposes potentially Times, July 26, 2008] but she did not move off the tracks. conflicting regulatory requirements. The TRAIN HITS TRUCK, INJURES THREE ‘‘At this time it’s still unknown whether costs and uncertainties arising from the pro- she intended to do it,’’ Hughes said. (By Vanessa Renderman) posed regulatory process will further dis- Deppe said that right now her office is rul- courage parties from entering into trans- GRIFFITH.—Three people suffered minor in- ing the death an accident. actions that could otherwise bring signifi- juries Friday when a train hit a tractor- ‘‘She did live near the train,’’ Deppe said. cant transportation and other public bene- trailer, knocking a 20-ton piece of construc- ‘‘That was a place people cut through.’’ fits, tion equipment off the truck bed and forcing She also said that it does not appear drugs For all of the above reasons we strongly the truck into two occupied vehicles. or alcohol played a part, although her office urge a no vote on H.R. 8707. ‘‘I’ve never seen anything like this,’’ Grif- is running toxicology tests. EDWARD R. HAMBERGER, fith Cpl. Ryan Bottiger said. b 1245 President & Chief Ex- The accident occurred early in the after- ecutive Officer, As- noon at the intersection of Main Street and Mr. SHUSTER. May I inquire as to sociation of Amer- Wiggs Avenue. how much time I have remaining? ican Railroads. The front of an eastbound Canadian Na- The SPEAKER pro tempore. The gen- RICHARD TIMMONS, tional train struck the back end of a 1 tleman has 13 ⁄2 minutes remaining. President & Treasurer, Grimmer Construction tractor-trailer that Mr. SHUSTER. I would like to yield American Short Line was crossing the tracks. The crossing has no myself 30 seconds just to respond to & Regional Railroad gates, but the lights were working, Bottiger Association. what the gentleman mentioned about said. Mr. SHUSTER. I would like to now the automotive industry and the $25 A westbound train on parallel tracks had yield 3 minutes to the gentlewoman just gone through the crossing. billion loan they want and about the from Illinois (Mrs. BIGGERT). The driver of the tractor-trailer, who de- $700 billion. Mrs. BIGGERT. Mr. Speaker, I rise in clined to give his name, said the car in front Well, the good news in this debate strong support of the TRACS Act legis- of him crossed the tracks, and he started to today about the railroad industry is lation being presented here. cross. Because of the angle, he didn’t see the that the railroad doesn’t need it. The eastbound train coming. By the time he did, I thank the chairman of the com- railroad industry is successful, and we mittee, Mr. OBERSTAR, for all of the it was too late, and the back end of his truck need to make sure that they continue got clipped, he said. The driver suffered an work that he has done on this bill, and abrasion to his chin. to be successful and that they don’t re- I’m really very proud to be an original The force shook loose a 20-ton piece of con- quire any kind of assistance from the cosponsor on it. struction equipment that was chained to the Federal Government. They’re the only I really believe in the rail system. I rear of the tractor-trailer. The equipment freight rail system in the world that believe in our transportation system, rolled, gouging chunks of asphalt from the doesn’t require the Federal Govern- and I think that we have always put street. It landed on a grassy residential cor- ment’s propping it up. So that’s a good our railroads in a very high context as ner and leaked diesel fuel and hydraulic news story here today, and that’s what far as being able to move our goods fluid, which crews cleaned up, Bottiger said. we want to keep doing. across this country and being able to The tractor-trailer hit two vehicles that I would also like to submit for the were in the oncoming lane, including the ship at a reasonable rate. A situation gray Mercury Montego that Merrillville resi- RECORD a letter from the Association has come up, something that, I think, dent John Holliday was driving. of American Railroads and the short is very unfair, and I think it is what Holliday said he was waiting for a west- lines in this country that are directly this legislation will address. bound train to pass. When it did, a vehicle in affected by this legislation, and they In considering a merger, the STB is the oncoming lane crossed the tracks. are opposed to it. required to look at how it affects Con- Holliday then heard a train whistle and saw ASSOCIATION OF AMERICAN RAILROADS, gress. If there is just one major rail, the tractor-trailer cross the tracks and get Washington, DC, September 27, 2008. just one—a class A—then they don’t hit, before barreling toward his car. DEAR REPRESENTATIVE: The House may have the same requirements that other ‘‘At that point, all I could see was a truck consider H.R. 6707 on the suspension calendar coming head first, straight on,’’ he said. ‘‘It’s mergers have. If it’s a class 1 and more today. The Association of American Rail- than a class 1, then the STB, the Sur- kind of a bad feeling, seeing a truck coming roads (AAR) and the American Short Line right at you.’’ and Regional Railroad Association face Transportation Board, is required Holliday’s car was hit on the front pas- (ASLRRA) strongly oppose H.R. 6707—Tak- to consider the safety and environ- senger side. The airbag deployed, which ing Responsible Action for Community Safe- mental effect of the proposed trans- burned his hand. He saw the 20-ton piece of ty Act. action, including the effects on local construction equipment roll off the truck. Under current law, the Surface Transpor- communities: the traffic congestion, ‘‘It looked like out of a movie,’’ he said. tation Board (STB) must evaluate the merits the grade crossing, the public safety, Although Holliday was alone in his car, the of a railroad merger transaction under a the socioeconomic impact, and the other vehicle that was struck had four occu- ‘‘public interest’’ standard if it involves two traffic congestion—commuter rail and pants, three of whom were children. The Class I railroads. The STB’s evaluation takes driver was transported to a hospital with into account and weighs all issues relevant Amtrak. nonlife-threatening injuries and a relative to the public interest including efficiencies, The clarification that we want to picked up the children, Bottiger said. productivity gains, capacity improvements, make is, if there is just one of the class Bottiger said Friday afternoon he didn’t and environmental benefits that the trans- 1 rails, then they need to take these know whether any citations would be issued. action will realize. same things into consideration.

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Mr. WHITFIELD of Kentucky talked Illinois and in Indiana, but the issue it The SPEAKER pro tempore. The about the rural area. I think we’re addresses is national. Let me explain. time of the gentleman from Illinois has really looking at congested areas, when For several months, families and expired. a merger is to take place that will af- businesses in my district and in nearby Mr. OBERSTAR. I yield the gen- fect an area of densely populated areas districts have overwhelmingly declared tleman 1 additional minute. such as the suburbs of our great cities. their opposition to Canadian National’s Mr. FOSTER. Mr. Speaker, H.R. 6707 It’s not just one area that’s going to be potential acquisition of the Elgin, Jo- is a much needed enhancement of cur- affected. Mark my words that these liet and Eastern Railway, which is cur- rent statute. While this legislation is types of merger requirements will af- rently pending before the Surface an immediate response to one proposed fect so many more than just the Chi- Transportation Board. I have heard acquisition, it will ultimately protect cago area, as was suggested by the from many of my constituents in pub- communities across the country. chairman of the subcommittee. lic forums, on the phone and in private To be clear, I do not mean to oppose I don’t think that our purpose here meetings. They’ve held rallies and have all railway transactions. Railways are today is to kill any merger. It is to petitioned the STB in writing, but an extremely efficient means of trans- clarify and to make sure that there is their voices have gone unheard. At this portation, and their use can and should fairness in what the Surface Transpor- point, the only criterion the STB must increase in response to rising fuel tation Board will look at. Will they consider in evaluating this deal is prices. However, transactions like the look at just the commerce and com- whether the proposed transaction EJ&E acquisition should only proceed petitiveness of two rail lines and how it would have an adverse effect on com- when there is an overall commercial will affect all of the competition be- petition among the rail carriers in the and economic benefit. This is not the tween all of the rails or will they also affected region. case here. There is something seriously take into account the effect on the Sadly, the public interest has been wrong with a process that leaves out public interest and on the communities largely left out of this process even the public and that deflects the cost of that are involved? though the public stands to lose the these acquisitions and traffic increases Now, in the area that we’ve been most in this transaction. There will be on to local communities. H.R. 6707 will talking about in Chicago, I have to say no improvement in the quality of life help change this. that this is an area that has grown up in the region and no economic upside. I urge my colleagues to support this around the railroads. It has increased The recently released draft of the important legislation. Mr. SHUSTER. I yield 3 minutes to to such a dense population that socio- STB’s environmental impact statement the gentleman from Illinois (Mr. economic issues are affected, that pub- estimates the acquisition will lead to a ROSKAM). lic safety is affected and that traffic loss of 300 jobs in the region. It will Mr. ROSKAM. First of all, I want to congestion is affected. All we want is also unreasonably saddle local tax- thank Chairman OBERSTAR for his lead- to clarify that the Surface Transpor- payers with the cost of the mitigation ership and for his willingness to listen tation Board can take that into ac- of this project. The study provided, at and for his thoughtful approach on this count. best, a vague and incomplete study of and for how he has brought, really, a I have just one other clarification the 133 grade crossings in the area and, bipartisan group together in trying to about mitigation. I didn’t want to get from this, recommended that Canadian drive towards a solution. into specifics, but in this issue, the National pay only 5 to 10 percent of the Since coming to Congress, I’ve no- mitigation would be $30 million. Now, I mitigation cost. Grade separations cost ticed that, many times, what we need have in my community a rail crossing approximately $50 million each, and to do is to spend time bringing statutes that is being put underground, and it the STB apparently expects local com- up to date, and this is just one of those has nothing to do with this other line. munities to shoulder most of this bur- examples. We’ve been struggling over The cost of that is $53 million to have den. a separate grade crossing. So, when we these past several days with the finan- Let’s see: Private profits, socialized talk about $30 million that would af- cial markets and, in many cases, with bailout costs. Does that sound familiar fect at least 40 communities and at a regulatory environment that isn’t to anyone around here? least 141 rail crossings, I think this is regulating properly. Well, here is an something to consider. The deal also raises serious public opportunity for us to be proactive and So it’s just a clarification, and I safety concerns, many of which are to bring a regulation up to date to real- would urge my colleagues to vote for simply glossed over in the draft study. ly deal with current needs. Giving the it. Increased traffic on the EJ&E will Surface Transportation Board the au- I thank the chairman so much for raise the probability of train accidents thority to consider a couple of things, bringing this up and for having a hear- by 28 percent. Further, the ability of I think, is very thoughtful and very ing which, I think, was very open. local police, fire and EMS services to wise and very measured. This is what Mr. OBERSTAR. Mr. Speaker, how respond to emergencies in the affected this bill is about. much time remains on both sides? communities will be hampered by It says that the Surface Transpor- The SPEAKER pro tempore. The gen- blocked intersections. Once again, Ca- tation Board in these transactions has tleman from Minnesota has 9 minutes nadian National is not directed to help to consider a couple of things. It has to remaining. The gentleman from Penn- fund projects that will mitigate this consider the impact on safety and the sylvania has 10 minutes remaining. potentially life-threatening problem. environment. It has to consider the im- Mr. OBERSTAR. I yield 3 minutes to Now, how does H.R. 6707 address this pact of grade crossings, of HAZMAT, of the distinguished gentleman from Illi- type of situation? Simply speaking, emergency response time, and of noise. nois (Mr. FOSTER). H.R. 6707 would compel the STB to con- In my view, those are not unreasonable Mr. FOSTER. Mr. Speaker, I rise in sider the public interest as well as requests. It doesn’t predetermine an strong support of H.R. 6707, the Taking purely commercial considerations in outcome. It doesn’t say what they need Responsible Action for Community its judgment of a proposed railway to do with that information, but it Safety Act. merger. The legislation would require says, as a matter of record, that they I would like to thank Chairman the STB to determine a transaction’s have to consider that. OBERSTAR, who has displayed exem- effect on public safety, on grade cross- Now a word about Canadian Na- plary leadership on an issue of great ing safety, on hazardous materials tional: Whether or not Canadian Na- importance to so many American com- transportation, and on emergency re- tional decided to show up at a hearing munities. sponse time. Such a proposal would be is really their prerogative. I just con- The need for this legislation came to approved when it is consistent with the firmed with the chairman that they my attention as a result of a specific overall public interest and rejected were welcomed to show up. This is a situation spanning several districts in when it is not. pattern, frankly, that we’ve seen with

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.001 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22711 Canadian National in our community tion across the country. It has par- contribute 5 to 10 percent of the costs to miti- where we were told they would show up ticular application to northern Illinois gate these problems. That would leave tax- at any time and at any place to talk to to tens of thousands of my constitu- payers paying the tab for a transaction that anyone, but when a forum was created, ents that have to travel through the solely benefits a private company’s bottom they waived off of that. town of Barrington, which is in Con- line. Now let’s just set that aside. Here we gresswoman BEAN’s district. To these I say it’s not about what’s traditional. It’s have a chance to create a statute that folks, the backup of traffic is signifi- about what’s fair. And the people from the says, if you’re going to increase rail cant. The inability to get to work on 16th District of Illinois, who I’ve had a plenty traffic through a community, you’ve time; the fact that, from what we un- of chances to talk with over the past few got to consider the cost, and you’ve got derstand, Canadian National plans on weeks, agree with me. to consider the cost on the community. putting in trains that are 2 miles long H.R. 6707 corrects an oversight made in The gentlelady from Illinois (Mrs. clogging all three intersections in the 1995 and requires the STB to weigh impacts BIGGERT) spoke a couple of minutes ago village of Barrington at the same time. on local communities more heavily when con- about the cost of one of these rail And it’s through that village that there sidering any railroad transaction. In fact, the crossings and of the cost of a grade sep- are 800 school bus crossings each day. STB would have to reject a proposed acquisi- aration. They are a thing to behold, And it’s amazing that this bill tries tion if it finds that transaction’s impacts on the and they are incredibly expensive. The to correct something so elementary as affected communities outweigh the transpor- fact that Canadian National in this to say whenever there is a request to tation benefits. Congress should learn from particular case has several tens of mil- merge railroad companies, that safety this experience with this particular transaction lions of dollars on the table doesn’t should be a consideration. and make sure that no community in the Na- anywhere near answer the cost to local I’m here today to offer my unqualified sup- tion will ever have to go through what Bar- taxpayers who would be asked to bear port for the Taking Responsible Action for rington is experiencing now. the burden with very little benefit. Community Safety Act (H.R. 6707). This bill, In this particular case, I understand that this So I think the chairman’s approach which I’m proud to co-sponsor, will help solve transaction could have some macrobenefits, on this—the way he has brought a bi- a left-over problem from when Congress abol- but CN accomplishes that goal primarily by ex- partisan group together around it and ished the Interstate Commerce Commission in porting the train congestion problems in down- the thoughtfulness of it and, really, the 1995. The Surface Transportation Board, STB, town Chicago to outlying suburban areas such holistic way that this would be evalu- took over the functions of the ICC with the as Barrington. Tens of thousands of motorists ated—is a very light touch, in fact, and missions of resolving railroad rate and service in northern Illinois—especially those in he is not coming down with a heavy disputes and reviewing proposed railroad McHenry County—travel through Barrington hand. I am strongly supportive of it. mergers. Current law gives the STB consider- on their way to work each day, crossing the Mr. OBERSTAR. Mr. Speaker, I have able discretion to disapprove transactions in- EJ&E line at Route 14, Route 59, and Lake- no further speakers at this time. I just volving at least two Class I rail carriers but al- Cook Road. Approximately another 4,000 want to reinforce what the gentleman lows much less flexibility to disapprove trans- commuters from McHenry County ride Metra said, however, and I yield myself 30 sec- actions like CN’s proposed acquisition of the rail to work in the Chicago-land area each onds. EJ&E. In fact, the law states that the STB day, crossing the EJ&E line in Barrington. All The CEO of Canadian National Rail- ‘‘shall’’ approve the transaction ‘‘unless’’ the of these people will be affected by additional way not only was invited to partici- Board determines it will hurt competitiveness, CN freight traffic. pate—and I, actually, reached out to restrain trade, or fail to meet significant trans- At the very least, they are going to encoun- the railroad—but Hunter Harrison, portation needs. In plain English, this means ter inconvenient delays and increases in air their CEO, testified in person. that the STB will not stop a transaction be- pollution. At the worst, it could become a mat- I continue to reserve the balance of cause of local community concerns unrelated ter of life and death. Not only could emer- my time. to anti-trust issues. This may seem like se- gency responder vehicles become trapped on Mr. SHUSTER. Mr. Speaker, may I mantics, but it’s an important distinction that all sides by a train, but school buses in the inquire as to how much time I have re- has long tipped the scale toward privately Barrington school district cross the EJ&E lines maining? The SPEAKER pro tempore. The gen- owned rail carriers and away from the commu- about 800 times a day. Additional freight trains nities who have to live with them. could quadruple the safety risk of students tleman from Pennsylvania has 71⁄2 min- In northern Illinois, the community of Bar- utes remaining. who traverse the crossings each day. Mr. SHUSTER. I now yield 2 minutes rington is unalterably opposed to the proposed In closing, l’d like to express my apprecia- to the gentleman from Illinois (Mr. sale of the EJ&E line to the Canadian Na- tion to my friend JIM OBERSTAR, the chairman tional, CN, Railway, as evidenced by the thou- MANZULLO). of the Transportation Committee, for intro- Mr. MANZULLO. Mr. Speaker, this sands of people that showed up to the STB ducing this piece of legislation and for working bill is quite interesting because, if you scoping session last January and their formal with me and others in the suburban Chicago take a look at the Surface Transpor- hearing last August. This is not because of a delegation in a bipartisan manner. I urge my tation Board’s weighing an application NIMBY syndrome—everyone understands the colleagues to support H.R. 6707 today. for a merger, one would think that need to improve the national rail transportation Mr. OBERSTAR. Mr. Speaker, may I items such as the safety of the people, network and would be willing to compromise. inquire of the gentleman if he has any the backup of traffic, incremental But having additional freight train traffic tra- further speakers. delays at crossings, and hundreds of verse on the existing aging EJ&E track will not Mr. SHUSTER. We have none. I am school bus crossings per day on im- be just a simple minor inconvenience—it will prepared to close. pacted tracks would have some type of fundamentally alter the entire nature of this I have how much time left? a consideration. picturesque town. The SPEAKER pro tempore. The gen- While I do not directly represent Barrington, tleman has 51⁄2 minutes. b 1300 Illinois, I am honored to serve the thousands Mr. SHUSTER. Again, I just want to The problem is that under the of commuters who live in southern McHenry reiterate the reasons that I oppose this present law, in an oversight made in County who must travel through Barrington, ei- bill today. First and foremost, the 1995, whenever the Surface Transpor- ther by car or rail, to get to work or to perform Transportation and Infrastructure tation Board tries to weigh the impacts daily errands. While I’ve been concerned Committee is a committee that does on local communities, the only criteria about this deal since day one, a Draft Environ- its homework usually, that works hard that is used is whether or not it vio- mental Impact Statement recently relesed by to understand the issues and come lates antitrust laws. And ironically, the STB confirmed many of my worst fears forth with something that is good leg- issues of safety are not taken into con- about increased accident risks, increased air islation, and it’s also bipartisan. And I sideration. And that’s shocking. pollution, increased exposure to hazardous think that in this situation, we’re not It’s apparent that there is a big prob- material, and increased traffic. The report also able to reach that standard that we lem in this bill. The bill has applica- acknowledged that railroads traditionally only typically do in the Transportation and

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.001 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22712 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 Infrastructure Committee. Not bring- With that, I yield back the balance of That’s all this legislation does. ing in the STB to have them at the my time. I ask for a very resounding ‘‘aye’’ table, the experts, to really understand The SPEAKER pro tempore. The gen- vote for this long overdue legislation. how the nuts and bolts of this legisla- tleman from Minnesota has 41⁄2 minutes I yield back the balance of my time. tion going forward is going to have a remaining. The SPEAKER pro tempore. The chilling effect, I believe, on our rail in- Mr. OBERSTAR. Mr. Speaker, I yield question is on the motion offered by dustry. myself the balance of our time. the gentleman from Minnesota (Mr. We do have the most efficient, the This is not a retroactive measure. It OBERSTAR) that the House suspend the safest railroad industry in the world. does not undo any transaction in the rules and pass the bill, H.R. 6707, as It’s the gold standard. Countries works or already concluded. It sets amended. around the world look at our rail in- standards for all railroads, for all con- The question was taken. siderations of acquisition by class 1 or dustry and want to copy it, want to try The SPEAKER pro tempore. In the class 2 or class 3 railroads, sets up to have that type of freight industry in opinion of the Chair, two-thirds being standards, reinforces authority that their countries. in the affirmative, the ayes have it. the Surface Transportation Board But we in Congress sometimes do our Mr. SHUSTER. Mr. Speaker, on that chairman has said they thought they best to try to make it extremely dif- I demand the yeas and nays. had authority over environmental re- ficult for them to operate, to cause The yeas and nays were ordered. view but they’ve never exercised it. them to put mandates on them that I The SPEAKER pro tempore. Pursu- They’re concerned that if they did, don’t believe serve the best interests of ant to clause 8 of rule XX and the not only communities, but of the rail they might have some legal difficul- ties. We’re clarifying that the board Chair’s prior announcement, further industry and of our economy. proceedings on this motion will be As I said, we have the most efficient has authority to act on environmental postponed. and safest rail industry of the world, issues raised by communities. and we should continue to want to see We did hear from those inner city f that so that we don’t, down the road 10 communities who testified in person at APPOINTMENT OF HON. STENY years, 15 years, see the rail industry the hearing at the request of the gen- HOYER AND HON. CHRIS VAN coming to Congress asking them to tleman from Illinois (Mr. LIPINSKI). I HOLLEN TO ACT AS SPEAKER bail them out. have heard railroads don’t need help PRO TEMPORE TO SIGN EN- As I said, I believe there are going to from the Federal Government. Well, ROLLED BILLS AND JOINT RESO- be unintended consequences of this bill. they shouldn’t. The Federal Govern- LUTIONS THROUGH REMAINDER There are going to be negative effects ment gave the railroads, between 1850 OF SECOND SESSION OF 110TH on the growth of the railroad industry and 1871, 173 million acres of public CONGRESS which we desperately need to see going land, 9 percent of the total surface area forward as I talked earlier about the of the United States, for the public use, The SPEAKER pro tempore laid be- increase and demand for rail. The ret- convenience, necessity, and benefit of fore the House the following commu- roactive provision is going to under- the Nation to own and control the re- nication from the Speaker: mine the confidence in our regulatory sources above and below ground: the WASHINGTON, DC, system, and it’s going to, as I said, timber resources as well as the coal September 27, 2008. I hereby appoint the Honorable STENY H. have a chilling effect on investments and, in many cases, oil and gas, and other minerals; and the right to sell HOYER and the Honorable CHRIS VAN HOLLEN when rail companies in the future want to act as Speaker pro tempore to sign en- to merge. those properties. The railroads have rolled bills and joint resolutions through the The CN and EJ&E deal, if it’s killed, sold billions of dollars’ worth of public remainder of the second session of the One the increase in traffic can still occur land that were given to them for the Hundred Tenth Congress. on those lines. The situation is going public trust. And they’re not without NANCY PELOSI, to be, though, that the EJ&E is not their requests to the Congress. They’ve Speaker of the House of Representatives. going to have to put $40 million of spent a considerable amount of time, The SPEAKER pro tempore. Without money into mitigating some of the the Association of American Railroads, objection, the appointment is ap- problems and the increase in traffic. So lobbying the House and the Senate for proved. I think that’s going to be bad for those a 25 percent investment tax credit to There was no objection. communities. increase their capital investment. I’m f And we can’t forget the benefits that for it. I think that’s a reasonable in- decreased congestion in Chicago is vestment to make. I think we ought to PROVIDING FOR THE PRINTING OF going to have on America. And also, help railroads do that. I think we A REVISED EDITION OF THE most importantly, as I said earlier, ought to ensure that they use that tax RULES AND MANUAL OF THE we’re not hearing from those low-in- credit for those capital investments. HOUSE OF REPRESENTATIVES come communities in Chicago that It’s a reasonable request, but they’re FOR THE 111TH CONGRESS have hundreds of trains going through not without their hand out to the Fed- Mr. FOSTER. Mr. Speaker, I send to their neighborhood every week. They eral Government the desk a resolution and ask unani- are going to see a decrease. That voice Why should the railroads take the mous consent for its immediate consid- of those low-income neighborhoods is position that they are above review? eration. not being heard, is not being addressed When other forms of transportation are The Clerk read the title of the resolu- because that is what is going to happen subject to public scrutiny by the com- tion. here. Those neighborhoods will benefit munities affected by road construction, The SPEAKER pro tempore. Is there also with a decrease in traffic if we are bridge construction, transit, light rail, objection to the request of the gen- able to spread out trains to decrease commuter rail, all are subject to cit- tleman from Illinois? that bottleneck that’s occurring in izen review. Railroads cannot take the There was no objection. Chicago. position that they’re above review. The text of the resolution is as fol- So I urge my colleagues to vote ‘‘no’’ They, too, take actions that affect the lows: on this piece of legislation, and I urge citizens and the communities that re- H. RES. 1513 other members of the committee, let’s side along their lines. And all we’re go back to the committee, let’s work providing in this legislation is a proc- Resolved, That a revised edition of the together and produce something that Rules and Manual of the House of Represent- ess within which those actions taken atives for the One Hundred Eleventh Con- we can see improvements to the STB by railroads would be subject—class 1 gress be printed as a House document, and that will be a positive for the commu- to class 1, and class 1 to class 2 and that three thousand additional copies shall nities as well as the economy of this class 3 should be considered in the be printed and bound for the use of the House country. same way. of Representatives, of which nine hundred

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.001 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22713 copies shall be bound in leather with thumb SEC. 2. FINDINGS. (10) Arthritis results in 744,000 hospitaliza- index and delivered as may be directed by Congress makes the following findings: tions and 36,500,000 outpatient care visits the Parliamentarian of the House. (1) Arthritis and other rheumatic diseases every year. The resolution was agreed to. are among the most common chronic condi- (11) In 1975, the National Arthritis Act of tions in the United States. There are more 1974 (Public Law 93–640) was enacted to pro- A motion to reconsider was laid on than 100 different forms of arthritis, which the table. mote basic and clinical arthritis research, affect joints, the tissues which surround the establish multipurpose arthritis centers, and f joint, and other connective tissue. Two of expand clinical knowledge in the field of ar- the most common forms are osteoarthritis, AUTHORIZING CHAIRMAN AND thritis. The Act was successfully imple- which affects approximately 21,000,000 Amer- mented, and continued funding of arthritis- RANKING MINORITY MEMBER OF icans, and rheumatoid arthritis. EACH STANDING COMMITTEE related research has led to important ad- (2) Arthritis and other rheumatic diseases vances in arthritis control, treatment, and AND SUBCOMMITTEE TO EXTEND cause severe and chronic pain, swollen tis- prevention. REMARKS IN RECORD sue, ligament and joint destruction, deformi- (12) Early diagnosis, treatment, and appro- ties, permanent disability, and death. Ar- priate management of arthritis can control Mr. FOSTER. Mr. Speaker, I ask thritis and other rheumatic diseases erode symptoms and improve quality of life. unanimous consent that the chairman patients’ quality of life and can diminish Weight control and exercise can demon- and ranking minority member of each their mental health, impose significant limi- strably lower health risks from arthritis, as standing committee and each sub- tations on their daily activities, and disrupt can other forms of patient education, train- the lives of their family members and care- committee be permitted to extend ing, and self-management. The genetics of their remarks in the CONGRESSIONAL givers. (3) One out of every 5 or 46 million adults arthritis are being actively investigated. RECORD, up to and including the in the United States suffers from arthritis. New, innovative, and increasingly effective RECORD’s last publication, and to in- The number of individuals in the United drug therapies, joint replacements, and other clude a summary of the work of that States with arthritis will grow as the num- therapeutic options are being developed. committee or subcommittee. ber of older Americans continues to increase (13) While research has identified many ef- The SPEAKER pro tempore. Is there dramatically in the next few decades. fective interventions against arthritis, such objection to the request of the gen- (4) By 2030, nearly 67,000,000 or 25 percent of interventions are broadly underutilized. tleman from Illinois? the projected United States adult population That underutilization leads to unnecessary There was no objection. will have arthritis, and arthritis will limit loss of life, health, and quality of life, as well the daily activities of nearly 25,000,000 indi- as avoidable or unnecessarily high health f viduals. These estimates may be conserv- care costs. Increasing physical activity, los- GRANTING MEMBERS OF THE ative as they do not account for the current ing excess weight, and participating in self- HOUSE PRIVILEGE TO REVISE trends in obesity, which may contribute to management education classes have been shown to reduce pain, improve functional AND EXTEND REMARKS IN CON- future cases of osteoarthritis. (5) According to the Centers for Disease limitations and mental health, and reduce GRESSIONAL RECORD UNTIL Control and Prevention, the total costs at- disability among persons with arthritis. LAST EDITION IS PUBLISHED tributable to arthritis and other rheumatic Some self-management programs have been Mr. FOSTER. Mr. Speaker, I ask conditions in the United States in 2003 was proven to reduce arthritis pain by 20 percent unanimous consent that Members may approximately $128,000,000,000. This equaled and physician visits by 40 percent. Despite have until publication of the last edi- 1.2 percent of the 2003 United States gross do- this fact, less than 1 percent of the people in mestic product. $80,800,000,000 of such costs the United States with arthritis participate tion of the CONGRESSIONAL RECORD au- consisted of direct costs for medical care, in such programs, and self-management thorized for the Second Session of the and $47,000,000,000 consisted of indirect costs courses are not offered in all areas of the 110th Congress by the Joint Committee for lost earnings. National medical costs at- United States. on Printing to revise and extend their tributable to arthritis grew by 24 percent be- (14) Rheumatologists are internists or pedi- remarks and to include brief, related tween 1997 and 2003. This rise in medical atric sub-specialists who are uniquely quali- extraneous material on any matter oc- costs resulted from an increase in the num- fied by an additional 2 to 4 years of training curring before the adjournment of the ber of people with arthritis and other rheu- and experience in the diagnosis and treat- matic conditions. Second Session sine die. ment of rheumatic conditions. Typically, (6) Arthritis and other rheumatic diseases rheumatologists act as consultants, but also The SPEAKER pro tempore. Is there affect all types of people of the United often act as managers, relying on the help of objection to the request of the gen- States, not just older individuals. Arthritis many skilled professionals, including nurses, tleman from Illinois? and other rheumatic diseases disproportion- physical and occupational therapists, psy- There was no objection. ately affect women in the United States. chologists, and social workers. Many f 8,700,000 young adults ages 18 through 44 have rheumatologists conduct research to deter- arthritis, and millions of others are at risk mine the cause and effective treatment of ARTHRITIS PREVENTION, for developing the disease. disabling and sometimes fatal rheumatic dis- CONTROL, AND CURE ACT OF 2008 (7) Nearly 300,000 children in the United eases. States, or 3 children out of every 1,000, have (15) Recognizing that the Nation requires a Mr. PALLONE. Mr. Speaker, I ask some form of arthritis or other rheumatic unanimous consent that the Com- public health approach to arthritis, the De- disease. It is the sense of the Congress that partment of Health and Human Services es- mittee on Energy and Commerce be the substantial morbidity associated with tablished important national goals related to discharged from further consideration pediatric arthritis warrants a greater Fed- arthritis in its Healthy People 2010 initia- of the bill (H.R. 1283) to amend the eral investment in research to identify new tive. Moreover, various Federal and non-Fed- Public Health Service Act to provide and more effective treatments for these dis- eral stakeholders have worked cooperatively for arthritis research and public eases. to develop a comprehensive National Arthri- health, and for other purposes, and ask (8) Arthritis and other rheumatic diseases tis Action Plan: A Public Health Strategy. are the leading cause of disability among (16) Greater efforts and commitments are for its immediate consideration in the adults in the United States. Over 40 percent, House. needed from Congress, the States, providers, or nearly 19,000,000, adults with arthritis are and patients to achieve the goals of Healthy The Clerk read the title of the bill. limited in their activities because of their People 2010, implement a national public The SPEAKER pro tempore. Is there arthritis. In addition to activity limitations, health strategy consistent with the National objection to the request of the gen- 31 percent or 8,200,000 of working age adults Arthritis Action Plan, and lessen the burden tleman from New Jersey? with arthritis report being limited in work of arthritis on citizens of the United States. There was no objection. activities due to arthritis. The text of the bill is as follows: (9) Obese adults are up to 4 times more SEC. 3. ENHANCING THE PUBLIC HEALTH ACTIVI- likely to develop knee osteoarthritis than TIES RELATED TO ARTHRITIS OF H.R. 1283 normal weight adults. Excess body weight is THE CENTERS FOR DISEASE CON- Be it enacted by the Senate and House of Rep- also associated with worse progression of ar- TROL AND PREVENTION THROUGH resentatives of the United States of America in THE NATIONAL ARTHRITIS ACTION thritis, contributing to functional limita- PLAN. Congress assembled, tion, mobility problems, and disability. SECTION 1. SHORT TITLE. About 35 percent of adults with arthritis are Part B of title III of the Public Health This Act may be cited as the ‘‘Arthritis obese compared to only 21 percent of those Service Act (42 U.S.C. 243 et seq.) is amended Prevention, Control, and Cure Act of 2007’’. without arthritis. by inserting after section 314 the following:

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IMPLEMENTATION OF THE NATIONAL and prevention programs and to enable such ority to eligible entities submitting applica- ARTHRITIS ACTION PLAN. entities to provide public health surveil- tions proposing to carry out programs for ‘‘The Secretary shall develop and imple- lance, prevention, and control activities re- controlling and preventing arthritis in at- ment a National Arthritis Action Plan that lated to arthritis and other rheumatic dis- risk populations or reducing disparities in consists of— eases. underserved populations. ‘‘(1) the Federal arthritis prevention and ‘‘(b) ELIGIBILITY.—To be eligible to receive ‘‘(e) USE OF FUNDS.—An eligible entity control activities, as described in section a grant under this section, an entity shall be shall use amounts received under a grant 315A; a State or Indian tribe. awarded under subsection (a) for 1 or more of ‘‘(2) the State arthritis control and preven- ‘‘(c) APPLICATION.—To be eligible to receive the following purposes: tion programs, as described in section 315B; a grant under this section, an entity shall ‘‘(1) To expand the availability of physical ‘‘(3) the comprehensive arthritis action submit to the Secretary an application at activity programs designed specifically for grant program, as described in section 315C; such time, in such manner, and containing people with arthritis. and such agreements, assurances, and informa- ‘‘(2) To provide awareness education to pa- ‘‘(4) a national arthritis education and out- tion as the Secretary may require, including tients, family members, and health care pro- reach program, as described in section 315D. a comprehensive arthritis control and pre- viders, to help such individuals recognize the ‘‘SEC. 315A. FEDERAL ARTHRITIS PREVENTION vention plan that— signs and symptoms of arthritis, and to ad- AND CONTROL ACTIVITIES. ‘‘(1) is developed with the advice of stake- dress the control and prevention of arthritis. ‘‘(a) IN GENERAL.—The Secretary, acting holders from the public, private, and non- ‘‘(3) To decrease long-term consequences of through the Director of the Centers for Dis- profit sectors that have expertise relating to arthritis by making information available to ease Control and Prevention, shall, directly, arthritis control, prevention, and treatment individuals with regard to the self-manage- or through a grant to an eligible entity, con- that increase the quality of life and decrease ment of arthritis. duct, support, and promote the coordination the level of disability; ‘‘(4) To provide information on nutrition of research, investigations, demonstrations, ‘‘(2) is intended to reduce the morbidity of education programs with regard to pre- training, and studies relating to the control, arthritis, with priority on preventing and venting or mitigating the impact of arthri- prevention, and surveillance of arthritis and controlling arthritis in at-risk populations tis. other rheumatic diseases. and reducing disparities in arthritis preven- ‘‘(f) EVALUATION.—An eligible entity that ‘‘(b) DUTIES OF SECRETARY.—The activities tion, diagnosis, management, and quality of receives a grant under this section shall sub- of the Secretary under subsection (a) shall care in underserved populations; mit to the Secretary an evaluation of the op- include— ‘‘(3) describes the arthritis-related services erations and activities carried out under ‘‘(1) the collection, publication, and anal- and activities to be undertaken or supported such grant that includes an analysis of in- creased utilization and benefit of public ysis of data on the prevalence and incidence by the entity; and health programs relevant to the activities of arthritis and other rheumatic diseases; ‘‘(4) is developed in a manner that is con- described in the appropriate provisions of ‘‘(2) the development of uniform data sets sistent with the National Arthritis Action subsection (e). for public health surveillance and clinical Plan or a subsequent strategic plan des- ignated by the Secretary. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— quality improvement activities; There are authorized to be appropriated to ‘‘(3) the identification of evidence-based ‘‘(d) USE OF FUNDS.—An eligible entity shall use amounts received under a grant carry out this section such sums as may be and cost-effective best practices for the pre- necessary for each of fiscal years 2008 vention, diagnosis, management, and care of awarded under subsection (a) to conduct, in a manner consistent with the comprehensive through 2012. arthritis and other rheumatic diseases; arthritis control and prevention plan sub- ‘‘SEC. 315D. NATIONAL ARTHRITIS EDUCATION ‘‘(4) research, including research on behav- mitted by the entity in the application under AND OUTREACH. ioral interventions to prevent arthritis and subsection (c)— ‘‘(a) IN GENERAL.—The Secretary shall co- on other evidence-based best practices relat- ‘‘(1) public health surveillance and epide- ordinate a national education and outreach ing to arthritis prevention, diagnosis, man- miological activities relating to the preva- program to support, develop, and implement agement, and care; and lence of arthritis and assessment of dispari- education initiatives and outreach strategies ‘‘(5) demonstration projects, including ties in arthritis prevention, diagnosis, man- appropriate for arthritis and other rheu- community-based and patient self-manage- agement, and care; matic diseases. ment programs of arthritis control, preven- ‘‘(2) public information and education pro- ‘‘(b) INITIATIVES AND STRATEGIES.—Initia- tion, and care, and similar collaborations grams; and tives and strategies implemented under the with academic institutions, hospitals, health ‘‘(3) education, training, and clinical skills program described in subsection (a) may in- insurers, researchers, health professionals, clude public awareness campaigns, public improvement activities for health profes- and nonprofit organizations. service announcements, and community sionals, including allied health personnel. ‘‘(c) TRAINING AND TECHNICAL ASSIST- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— partnership workshops, as well as programs ANCE.—With respect to the planning, devel- There are authorized to be appropriated to targeted at businesses and employers, man- opment, and operation of any activity car- carry out this section such sums as may be aged care organizations, and health care pro- ried out under subsection (a), the Secretary necessary for each of fiscal years 2008 viders. may provide training, technical assistance, ‘‘(c) PRIORITY.—In carrying out subsection through 2012. supplies, equipment, or services, and may as- (a), the Secretary— ‘‘SEC. 315C. COMPREHENSIVE ARTHRITIS ACTION ‘‘(1) may emphasize prevention, early diag- sign any officer or employee of the Depart- GRANTS. ment of Health and Human Services to a nosis, and appropriate management of ar- ‘‘(a) IN GENERAL.—The Secretary shall State or local health agency, or to any pub- award grants on a competitive basis to eligi- thritis, and opportunities for effective pa- lic or nonprofit entity designated by a State ble entities to enable such eligible entities tient self-management; and health agency, in lieu of providing grant to assist in the implementation of a national ‘‘(2) shall give priority to reaching high- funds under this section. strategy for arthritis control and prevention. risk or underserved populations. ‘‘(d) COLLABORATION.—In carrying out this ‘‘(d) ARTHRITIS PREVENTION RESEARCH AT ‘‘(b) ELIGIBILITY.—To be eligible to receive section, the Secretary shall consult and col- THE CENTERS FOR DISEASE CONTROL AND PRE- a grant under this section, an entity shall be laborate with stake-holders from the public, VENTION CENTERS.—The Secretary shall pro- a national public or private nonprofit entity. private, and nonprofit sectors with expertise vide additional grant support for research ‘‘(c) APPLICATION.—To be eligible to receive projects at the Centers for Prevention Re- a grant under this section, an entity shall relating to arthritis control, prevention, and search by the Centers for Disease Control submit to the Secretary an application at treatment. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— and Prevention to encourage the expansion such time, in such manner, and containing There are authorized to be appropriated to of research portfolios at the Centers for Pre- such agreements, assurances, and informa- carry out this section such sums as may be vention Research to include arthritis-spe- tion as the Secretary may require, including necessary for each of fiscal years 2008 cific research activities related to the pre- a description of how funds received under a through 2012.’’. vention and management of arthritis. grant awarded under this section will— SEC. 4. EXPANSION AND COORDINATION OF AC- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) supplement or fulfill unmet needs There are authorized to be appropriated to TIVITIES OF THE NATIONAL INSTI- identified in the comprehensive arthritis TUTES OF HEALTH WITH RESPECT carry out this section such sums as may be control and prevention plan of a State or In- TO RESEARCH ON ARTHRITIS. necessary for each of fiscal years 2008 dian tribe; and Title IV of the Public Health Service Act through 2012. ‘‘(2) otherwise help achieve the goals of the (42 U.S.C. 281 et seq.) is amended by inserting ‘‘SEC. 315B. STATE ARTHRITIS CONTROL AND National Arthritis Action Plan or a subse- after section 439 the following: PREVENTION PROGRAMS. quent strategic plan designated by the Sec- ‘‘SEC. 439A. ARTHRITIS AND RHEUMATIC DIS- ‘‘(a) IN GENERAL.—The Secretary shall retary. EASES INTERAGENCY COORDI- award grants to eligible entities to provide ‘‘(d) PRIORITY.—In awarding grants under NATING COMMITTEE. support for comprehensive arthritis control this section, the Secretary shall give pri- ‘‘(a) IN GENERAL.—

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‘‘(1) ESTABLISHMENT.—The Secretary shall current research activities at the National and consult with additional Federal officials, establish an Arthritis and Rheumatic Dis- Institutes of Health, as well as to discuss and voluntary health associations, medical pro- eases Interagency Coordinating Committee solicit input related to potential areas of fessional societies, and private entities as (referred to in this section as the ‘Coordi- collaboration between the National Insti- appropriate. nating Committee’). tutes of Health and other Federal health ‘‘(b) PLANNING GRANTS AND CONTRACTS FOR ‘‘(2) DUTIES.—The coordinating committee agencies, including the Centers for Disease INNOVATIVE RESEARCH IN JUVENILE ARTHRI- established under paragraph (1) shall— Control and Prevention, the Agency for TIS.— ‘‘(A) provide for the improved coordination Healthcare Research and Quality, and the ‘‘(1) IN GENERAL.—In carrying out sub- of the research activities of all the national Health Resources and Services Administra- section (a)(1) the Director of NIH shall award research institutes relating to arthritis and tion, related to research, prevention, and planning grants or contracts for the estab- rheumatic diseases; and treatment of arthritis and rheumatic dis- lishment of new research programs, or en- ‘‘(B) provide for full and regular commu- eases. hancement of existing research programs, nication and exchange of information nec- ‘‘(2) SUMMIT DETAILS.—The summit devel- that focus on juvenile arthritis. essary to maintain adequate coordination oped under paragraph (1) shall focus on— ‘‘(2) RESEARCH.— across all Federal health programs and ac- ‘‘(A) a broad range of research activities ‘‘(A) TYPES OF RESEARCH.—In carrying out tivities related to arthritis and rheumatic relating to biomedical, epidemiological, psy- this subsection, the Secretary shall encour- diseases. chosocial, and rehabilitative issues, includ- age research that focuses on genetics, on the ‘‘(b) ARTHRITIS AND RHEUMATIC DISEASES ing studies of the impact of the diseases de- development of biomarkers, and on pharma- INTERAGENCY COORDINATING COMMITTEE.— scribed in paragraph (1) in rural and under- cological and other therapies. ‘‘(1) COMPOSITION.—The Coordinating Com- served communities; ‘‘(B) PRIORITY.—In awarding planning mittee shall consist of members, appointed ‘‘(B) clinical research for the development grants or contracts under paragraph (1), the by the Secretary, of which— and evaluation of new treatments, including Director of NIH may give priority to collabo- ‘‘(A) 2⁄3 of such members shall represent new biological agents; rative partnerships, which may include aca- governmental agencies, including— ‘‘(C) translational research on evidence- demic health centers, private sector entities, ‘‘(i) the directors of each of the national based and cost-effective best practices in the and nonprofit organizations. research institutes and divisions involved in treatment, prevention, and management of ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— research regarding arthritis and rheumatic the disease; There are authorized to be appropriated such diseases (or the directors’ respective des- ‘‘(D) information and education programs sums as may be necessary for each of fiscal ignees); and for health care professionals and the public; years 2008 through 2012 to carry out this sec- ‘‘(ii) representatives of other Federal de- ‘‘(E) priorities among the programs and ac- tion. Such authorization shall be in addition partments and agencies (as determined ap- tivities of the various Federal agencies re- to any authorization of appropriations under propriate by the Secretary) whose programs garding such diseases; and any other provision of law to carry out juve- involve health functions or responsibilities ‘‘(F) challenges and opportunities for sci- nile arthritis activities or other arthritis-re- relevant to arthritis and rheumatic diseases, entists, clinicians, patients, and voluntary lated research.’’. including the Centers for Disease Control organizations. (b) PUBLIC HEALTH AND SURVEILLANCE AC- and Prevention, the Health Resources and ‘‘(d) REPORT TO CONGRESS.—Not later than TIVITIES RELATED TO JUVENILE ARTHRITIS AT Services Administration, and the Food and 180 days after the convening of the Arthritis THE CENTERS FOR DISEASE CONTROL AND PRE- Drug Administration; and and Rheumatic Diseases Summit under sub- VENTION.—Part B of title III of the Public ‘‘(B) 1⁄3 of such members shall be public section (c)(1), the Director of NIH shall pre- Health Service Act (42 U.S.C. 243 et seq.) is members, including a broad cross section of pare and submit a report to Congress that in- amended by inserting after section 320A the persons affected by arthritis, researchers, cludes proceedings from the summit and a following: clinicians, and representatives of voluntary description of arthritis research, education, ‘‘SEC. 320B. SURVEILLANCE AND RESEARCH RE- health agencies, who— and other activities that are conducted or GARDING JUVENILE ARTHRITIS. ‘‘(i) shall serve for a term of 3 years; and supported through the national research in- ‘‘(a) IN GENERAL.—The Secretary, acting ‘‘(ii) may serve for an unlimited number of stitutes. through the Director of the Centers for Dis- terms if reappointed. ‘‘(e) PUBLIC INFORMATION.—The Coordi- ease Control and Prevention, may award ‘‘(2) CHAIRPERSON.— nating Committee shall make readily avail- grants to and enter into cooperative agree- ‘‘(A) APPOINTMENT.—The Chairperson of able to the public information about the re- ments with public or nonprofit private enti- the Coordinating Committee (referred to in search, education, and other activities relat- ties for the collection, analysis, and report- this subsection as the ‘Chairperson’) shall be ing to arthritis and other rheumatic dis- ing of data on juvenile arthritis. appointed by and be directly responsible to eases, conducted or supported by the Na- ‘‘(b) TECHNICAL ASSISTANCE.—In awarding the Secretary. tional Institutes of Health. grants and entering into agreements under ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) DUTIES.—The Chairperson shall— subsection (a), the Secretary may provide di- There are authorized to be appropriated such ‘‘(i) serve as the principal advisor to the rect technical assistance in lieu of cash. sums as may be necessary for each of fiscal Secretary, the Assistant Secretary for ‘‘(c) COORDINATION WITH NIH.—The Sec- years 2008 through 2012 to carry out this sec- Health, and the Director of NIH on matters retary shall ensure that epidemiological and tion.’’. relating to arthritis and rheumatic diseases; other types of information obtained under and SEC. 5. EXPANSION, INTENSIFICATION, AND IN- subsection (a) is made available to the Na- NOVATION OF RESEARCH AND PUB- ‘‘(ii) provide advice to the Director of the LIC HEALTH ACTIVITIES RELATED tional Institutes of Health. Centers for Disease Control and Prevention, TO JUVENILE ARTHRITIS. ‘‘(d) CREATION OF A NATIONAL JUVENILE AR- the Commissioner of Food and Drugs, and (a) JUVENILE ARTHRITIS INITIATIVE THRITIS PATIENT REGISTRY.—The Secretary, the heads of other relevant Federal agencies, THROUGH THE DIRECTOR OF THE NATIONAL IN- acting through the Director of the Centers on matters relating to arthritis and rheu- STITUTES OF HEALTH.—Part A of title IV of for Disease Control and Prevention and in matic diseases. the Public Health Service Act (42 U.S.C. 281 collaboration with a national voluntary ‘‘(3) ADMINISTRATIVE SUPPORT; MEETINGS.— et seq.) is amended by adding at the end the health organization with experience serving ‘‘(A) ADMINISTRATIVE SUPPORT.—The Sec- following: the juvenile arthritis population as well as retary shall provide necessary and appro- ‘‘SEC. 404I. JUVENILE ARTHRITIS INITIATIVE the full spectrum of arthritis-related condi- priate administrative support to the Coordi- THROUGH THE DIRECTOR OF THE tions, shall support the development of a Na- nating Committee. NATIONAL INSTITUTES OF HEALTH. tional Juvenile Arthritis Patient Registry to ‘‘(B) MEETINGS.—The Coordinating Com- ‘‘(a) EXPANSION AND INTENSIFICATION OF AC- collect specific data for follow-up studies re- mittee shall meet on a regular basis as deter- TIVITIES.— garding the prevalence and incidence of juve- mined by the Secretary, in consultation with ‘‘(1) IN GENERAL.—The Director of NIH, in nile arthritis, as well as capturing informa- the Chairperson. coordination with the Director of the Na- tion on evidence-based health outcomes re- ‘‘(c) ARTHRITIS AND RHEUMATIC DISEASES tional Institute of Arthritis and Musculo- lated to specific therapies and interventions. SUMMIT.— skeletal and Skin Diseases, and the directors ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—Not later than 1 year of the other national research institutes, as There are authorized to be appropriated such after the date of enactment of the Arthritis appropriate, shall expand and intensify pro- sums as may be necessary to carry out this Prevention, Control, and Cure Act of 2007, grams of the National Institutes of Health section.’’. the Coordinating Committee shall convene a with respect to research and related activi- SEC. 6. INVESTMENT IN TOMORROW’S PEDIATRIC summit of researchers, public health profes- ties concerning various forms of juvenile ar- RHEUMATOLOGISTS. sionals, representatives of voluntary health thritis. (a) IN GENERAL.—Part Q of title III of the agencies, representatives of academic insti- ‘‘(2) COORDINATION.—The directors referred Public Health Service Act (42 U.S.C. 280h et tutions, and Federal and State policy- to in paragraph (1) shall jointly coordinate seq.) is amended by adding at the end the fol- makers, to provide a detailed overview of the programs referred to in such paragraph lowing:

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‘‘SEC. 399Z–1. INVESTMENT IN TOMORROW’S PEDI- tablish a program to increase the number of ‘‘(4) ELIGIBLE ENTITY.—For purposes of this ATRIC RHEUMATOLOGISTS. career development awards for health profes- subsection, the term ‘eligible entity’ means ‘‘(a) ENHANCED SUPPORT.—In order to en- sionals who intend to build careers in clin- a national public or private nonprofit entity sure an adequate future supply of pediatric ical and translational research relating to that demonstrates to the satisfaction of the rheumatologists, the Secretary, in consulta- pediatric rheumatology. Secretary, in the application described in tion with the Administrator of the Health ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— subsection (e), the ability of the entity to Resources and Services Administration, There are authorized to be appropriated such carry out the activities described in para- shall support activities that provide for— sums as may be necessary to carry out this graph (1). ‘‘(1) an increase in the number and size of section.’’. ‘‘(c) EDUCATION AND OUTREACH.— institutional training grants awarded to in- SEC. 8. GENERAL ACCOUNTING OFFICE STUDY ‘‘(1) IN GENERAL.—Under the Program, the stitutions to support pediatric rheumatology OF ARTHRITIS AND THE WORK- Secretary may coordinate and carry out na- training; and PLACE. tional education and outreach activities, di- ‘‘(2) an expansion of public-private partner- (a) STUDY AND REPORT.—Not later than 3 rectly or through the provision of grants to ships to encourage academic institutions, years after the date of enactment of this eligible entities, to support, develop, and im- private sector entities, and health agencies Act, the Comptroller General of the United plement education initiatives and outreach to promote educational training and fellow- States shall conduct a study on the eco- strategies appropriate for arthritis and other ship opportunities for pediatric nomic impact of arthritis in the workplace, rheumatic diseases. rheumatologists. and submit a report to the appropriate com- ‘‘(2) INITIATIVES AND STRATEGIES.—Initia- ‘‘(b) AUTHORIZATION.—There are authorized mittees of Congress containing the results of tives and strategies implemented under to be appropriated such sums as may be nec- the study. paragraph (1) may include public awareness essary for each of fiscal years 2008 through (b) AUTHORIZATION OF APPROPRIATIONS.— campaigns, public service announcements, 2012 to carry out this section.’’. There are authorized to be appropriated such and community partnership workshops, as (b) PEDIATRIC LOAN REPAYMENT PRO- sums as may be necessary to carry out this well as programs targeted at businesses and GRAM.—Part Q of title III of the Public section. employers, managed care organizations, and Health Service Act (42 U.S.C. 280h et seq.), as health care providers. amended by subsection (a), is further amend- AMENDMENT OFFERED BY MR. PALLONE ‘‘(3) PRIORITY.—In carrying out paragraph ed by adding at the end the following: Mr. PALLONE. Mr. Speaker, I have (1), the Secretary— ‘‘SEC. 399Z–2. PEDIATRIC RHEUMATOLOGY LOAN an amendment in the nature of a sub- ‘‘(A) may emphasize prevention, early di- REPAYMENT PROGRAM. stitute at the desk. agnosis, and appropriate management of ar- thritis, and opportunities for effective pa- ‘‘(a) IN GENERAL.—The Secretary, in con- The Clerk read as follows: tient self-management; and sultation with the Administrator of the Amendment offered by Mr. PALLONE: Health Resources and Services Administra- ‘‘(B) may give priority to reaching high- Strike all after the enacting clause and in- risk or underserved populations. tion, may establish a pediatric rheumatology sert the following: loan repayment program. ‘‘(4) COLLABORATION.—In carrying out this SECTION 1. SHORT TITLE. ‘‘(b) PROGRAM ADMINISTRATION.—Through subsection, the Secretary shall consult and This Act may be cited as the ‘‘Arthritis the program established under subsection collaborate with stake-holders from the pub- Prevention, Control, and Cure Act of 2008’’. (a), the Secretary shall— lic, private, and nonprofit sectors with ex- ‘‘(1) enter into contracts with qualified SEC. 2. ENHANCING THE PUBLIC HEALTH ACTIVI- pertise relating to arthritis control, preven- TIES RELATED TO ARTHRITIS OF tion, and treatment. health professionals who are pediatric THE CENTERS FOR DISEASE CON- rheumatologists under which— ‘‘(5) ELIGIBLE ENTITY.—For purposes of this TROL AND PREVENTION THROUGH subsection, the term ‘eligible entity’ means ‘‘(A) such professionals agree to provide THE NATIONAL ARTHRITIS ACTION a national public or private nonprofit entity health care in an area with a shortage of pe- PLAN. that demonstrates to the satisfaction of the diatric rheumatologists; and Part B of title III of the Public Health Secretary, in the application described in ‘‘(B) the Federal Government agrees to Service Act (42 U.S.C. 243 et seq.) is amended subsection (e), the ability of the entity to repay, for each year of such service, not by inserting after section 314 the following: carry out the activities described in para- more than $25,000 of the principal and inter- ‘‘SEC. 315. IMPLEMENTATION OF THE NATIONAL graph (1). est of the educational loans of such profes- ARTHRITIS ACTION PROGRAM. ‘‘(d) COMPREHENSIVE STATE GRANTS.— sionals; and ‘‘(a) ESTABLISHMENT OF PROGRAM.—The ‘‘(1) IN GENERAL.—Under the Program, the ‘‘(2) in addition to making payments under Secretary may develop and implement a Na- Secretary may award grants to eligible enti- paragraph (1) on behalf of an individual, tional Arthritis Action Program (in this sec- ties to provide support for comprehensive ar- make payments to the individual for the pur- tion referred to as the ‘Program’) consistent thritis control and prevention programs and pose of providing reimbursement for tax li- with this section. to enable such entities to provide public ability resulting from the payments made ‘‘(b) CONTROL, PREVENTION, AND SURVEIL- health surveillance, prevention, and control under paragraph (1), in an amount equal to 39 LANCE.— activities related to arthritis and other rheu- percent of the total amount of the payments ‘‘(1) IN GENERAL.—Under the Program, the matic diseases. made for the taxable year involved. Secretary, acting through the Director of ‘‘(2) ELIGIBILITY.—To be eligible to receive ‘‘(c) FUNDING.— the Centers for Disease Control and Preven- a grant under this subsection, an entity shall ‘‘(1) IN GENERAL.—For the purpose of car- tion, may, directly or through competitive be a State or Indian tribe. rying out this section, the Secretary may re- grants to eligible entities, conduct, support, ‘‘(3) APPLICATION.—To be eligible to receive serve, from amounts appropriated for the and promote the coordination of research, a grant under this subsection, an entity shall Health Resources and Services Administra- investigations, demonstrations, training, submit to the Secretary an application at tion for the fiscal year involved, such and studies relating to the control, preven- such time, in such manner, and containing amounts as the Secretary determines to be tion, and surveillance of arthritis and other such agreements, assurances, and informa- appropriate. rheumatic diseases. tion as the Secretary may require, including ‘‘(2) AVAILABILITY OF FUNDS.—Amounts ‘‘(2) TRAINING AND TECHNICAL ASSISTANCE.— a comprehensive arthritis control and pre- made available to carry out this section With respect to the planning, development, vention plan that— shall remain available until the expiration of and operation of any activity carried out ‘‘(A) is developed with the advice of stake- the second fiscal year beginning after the fis- under paragraph (1), the Secretary may pro- holders from the public, private, and non- cal year for which such amounts were made vide training, technical assistance, supplies, profit sectors that have expertise relating to available.’’. equipment, or services, and may assign any arthritis control, prevention, and treatment SEC. 7. CAREER DEVELOPMENT AWARDS IN PEDI- officer or employee of the Department of that increase the quality of life and decrease ATRIC RHEUMATOLOGY. Health and Human Services to a State or the level of disability; Part G of title IV of the Public Health local health agency, or to any public or non- ‘‘(B) is intended to reduce the morbidity of Service Act (42 U.S.C. 288 et seq.) is amend- profit entity designated by a State health arthritis, with priority on preventing and ed— agency, in lieu of providing grant funds controlling arthritis in at-risk populations (1) by redesignating the second section under this subsection. and reducing disparities in arthritis preven- 487F (relating to a pediatric research loan re- ‘‘(3) ARTHRITIS PREVENTION RESEARCH AT tion, diagnosis, management, and quality of payment program) as section 487G; THE CENTERS FOR DISEASE CONTROL AND PRE- care in underserved populations; (2) by inserting after section 487G (as so re- VENTION CENTERS.—The Secretary may pro- ‘‘(C) describes the arthritis-related services designated) the following: vide additional grant support under this sub- and activities to be undertaken or supported ‘‘SEC. 487H. CAREER DEVELOPMENT AWARDS IN section to encourage the expansion of re- by the entity; and PEDIATRIC RHEUMATOLOGY. search related to the prevention and man- ‘‘(D) demonstrates the relationship the en- ‘‘(a) IN GENERAL.—The Secretary, in con- agement of arthritis at the Centers for Dis- tity has with the community and local enti- sultation with the Director of NIH, may es- ease Control and Prevention. ties and how the entity plans to involve such

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community and local entities in carrying out ‘‘(b) TECHNICAL ASSISTANCE.—In awarding ability resulting from the payments made the activities described in paragraph (1). grants and entering into agreements under under paragraph (1), in an amount equal to 39 ‘‘(4) USE OF FUNDS.—An eligible entity may subsection (a), the Secretary may provide di- percent of the total amount of the payments use amounts received under a grant awarded rect technical assistance in lieu of cash. made for the taxable year involved. under this subsection to conduct, in a man- ‘‘(c) COORDINATION WITH NIH.—The Sec- (3) DETERMINATION OF SHORTAGE AREAS.— ner consistent with the comprehensive ar- retary shall ensure that epidemiological and For purposes of this subsection, an area shall thritis control and prevention plan sub- other types of information obtained under be determined to be an area with a shortage mitted by the entity in the application under subsection (a) is made available to the Na- of pediatric rheumatologists based on the paragraph (3)— tional Institutes of Health. ratio of the number of children who reside in ‘‘(A) public health surveillance and epide- ‘‘(d) CREATION OF A NATIONAL JUVENILE AR- such area who are in need of services of a pe- miological activities relating to the preva- THRITIS POPULATION-BASED DATABASE.—The diatric rheumatologist to the number of pe- lence of arthritis and assessment of dispari- Secretary, acting through the Director of diatric rheumatologists who furnish services ties in arthritis prevention, diagnosis, man- the Centers for Disease Control and Preven- within 100 miles of the area. agement, and care; tion and in collaboration with a national (4) PERIODIC ASSESSMENTS.— ‘‘(B) public information and education pro- voluntary health organization with experi- (A) IN GENERAL.—The Secretary of Health grams; and ence serving the juvenile arthritis popu- and Human Services shall periodically as- ‘‘(C) education, training, and clinical skills lation as well as the full spectrum of arthri- sess— improvement activities for health profes- tis-related conditions, may support the de- (i) the extent to which the loan repayment sionals, including allied health personnel. velopment of a national juvenile arthritis program under this section is needed; and ‘‘(e) GENERAL APPLICATION.—To be eligible population-based database to collect specific (ii) the extent to which the program is ef- to receive a grant under this section, except data for follow-up studies regarding the prev- fective in increasing the number of pediatric under subsection (d), an entity shall submit alence and incidence of juvenile arthritis, as rheumatologists nationally and the number to the Secretary an application at such time, well as capturing information on evidence- of pediatric rheumatologists in areas with a in such manner, and containing such agree- based health outcomes related to specific shortage of pediatric rheumatologists. ments, assurances, and information as the therapies and interventions. In the case that the Secretary determines, Secretary may require, including a descrip- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— pursuant to an assessment under this sub- tion of how funds received under a grant For the purpose of carrying out this section, paragraph, that there is no longer a need for awarded under this section will supplement there is authorized to be appropriated the loan repayment program, such program or fulfill unmet needs identified in a com- $25,000,000 for each of fiscal years 2009 shall be terminated as of a date specified by prehensive arthritis control and prevention through 2013.’’ the Secretary. plan of the entity. SEC. 5. INVESTMENT IN TOMORROW’S PEDIATRIC (B) ANNUAL REPORTS.—The Secretary of ‘‘(f) DEFINITIONS.—For purposes of this sec- RHEUMATOLOGISTS. Health and Human Services shall annually tion: (a) ENHANCED SUPPORT.— report to Congress on the periodic assess- ‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’ (1) IN GENERAL.—In order to ensure an ade- ments conducted under subparagraph (A). has the meaning given such term in section quate future supply of pediatric (5) FUNDING.— 4(e) of the Indian Self-Determination and rheumatologists, the Secretary of Health (A) IN GENERAL.—For the purpose of car- Education Assistance Act (25 U.S.C. 450b(e)). and Human Services, in consultation with rying out this subsection, the Secretary of ‘‘(2) STATE.—The term ‘State’ means any the Administrator of the Health Resources Health and Human Services may reserve, State of the United States, the District of and Services Administration, shall support from amounts appropriated for the Health Columbia, the Commonwealth of Puerto activities that provide for— Resources and Services Administration for Rico, the Virgin Islands, American Samoa, (A) an increase in the number and size of the fiscal year involved, such amounts as the Guam, and the Northern Mariana Islands. institutional training grants awarded to in- Secretary determines to be appropriate. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— stitutions to support pediatric rheumatology (B) AVAILABILITY OF FUNDS.—Amounts There are authorized to be appropriated to training; and made available to carry out this section carry out this section— (B) an expansion of public-private partner- shall remain available until the expiration of ‘‘(1) for fiscal year 2009, $32,000,000; ships to encourage academic institutions, the second fiscal year beginning after the fis- ‘‘(2) for fiscal year 2010, $34,000,000; private sector entities, and health agencies cal year for which such amounts were made ‘‘(3) for fiscal year 2011, $36,000,000; to promote educational training and fellow- available. ‘‘(4) for fiscal year 2012, $38,000,000; and ship opportunities for pediatric Mr. PALLONE (during the reading). ‘‘(5) for fiscal year 2013, $40,000,000.’’. rheumatologists. Mr. Speaker, I ask unanimous consent SEC. 3. ACTIVITIES OF THE DEPARTMENT OF (2) AUTHORIZATION OF APPROPRIATIONS.— to dispense with the reading of the HEALTH AND HUMAN SERVICES There are authorized to be appropriated to WITH RESPECT TO JUVENILE AR- amendment. carry out this subsection $3,750,000 for each THRITIS AND RELATED CONDITIONS. of the fiscal years 2009 through 2013. The SPEAKER pro tempore. Is there (a) IN GENERAL.—The Secretary of Health EDIATRIC LOAN REPAYMENT PRO- objection to the request of the gen- and Human Services, in coordination with (b) P GRAM.— tleman from New Jersey? the Director of the National Institutes of (1) IN GENERAL.—The Secretary of Health There was no objection. Health, may expand and intensify programs and Human Services, in consultation with The amendment was agreed to. of the National Institutes of Health with re- the Administrator of the Health Resources Ms. ESHOO. Mr. Speaker, I rise today in spect to research and related activities con- and Services Administration, shall establish cerning various forms of juvenile arthritis strong support of my legislation, H.R. 1283, and, subject to the determination under and related conditions. the Arthritis Prevention, Control, and Cure Act. (b) COORDINATION.—The Director of the Na- paragraph (3), carry out a pediatric I have fought long and hard for this bill, along tional Institutes of Health may coordinate rheumatology loan repayment program. with the Arthritis Foundation, the American the programs referred to in subsection (a) (2) PROGRAM ADMINISTRATION.—Through College of Rheumatology, and the thousands and consult with additional Federal officials, the program established under this sub- of advocates across the country that under- voluntary health associations, medical pro- section, the Secretary shall— (A) enter into contracts with qualified stand the need for this legislation. fessional societies, and private entities as With 1 out of 5 adults suffering from arthri- appropriate. health professionals who are pediatric rheumatologists under which— tis, this debilitating condition is the most com- SEC. 4. PUBLIC HEALTH AND SURVEILLANCE AC- mon cause of disability in the United States. TIVITIES RELATED TO JUVENILE AR- (i) such professionals agree to provide THRITIS AT THE CENTERS FOR DIS- health care in an area with a shortage of pe- More than 300,000 children suffer from juve- EASE CONTROL AND PREVENTION. diatric rheumatologists and that has the ca- nile arthritis—more than the number of chil- Part B of title III of the Public Health pacity to support pediatric rheumatology, as dren with juvenile diabetes yet we have a se- Service Act (42 U.S.C. 243 et seq.) is amended determined by the Secretary of Health and vere shortage of pediatric rheumatologists in by inserting after section 320A the following: Human Services; and our country with only 239 nationwide and 11 ‘‘SEC. 320B. SURVEILLANCE AND RESEARCH RE- (ii) the Federal Government agrees to states without even one. Early diagnosis for GARDING JUVENILE ARTHRITIS. repay, for each year of such service, not this disease is crucial and without it, thou- ‘‘(a) IN GENERAL.—The Secretary, acting more than $25,000 of the principal and inter- through the Director of the Centers for Dis- est of the educational loans of such profes- sands of children go undiagnosed because ease Control and Prevention, may award sionals; and they don’t have access to the right doctor. grants to and enter into cooperative agree- (B) in addition to making payments under This bill addresses the shortage through ments with public or nonprofit private enti- paragraph (1) on behalf of an individual, loan reimbursements for doctors who go into ties for the collection, analysis, and report- make payments to the individual for the pur- pediatric rheumatology, an increase in re- ing of data on juvenile arthritis. pose of providing reimbursement for tax li- search of juvenile arthritis, and State grants

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I’m very proud to see the Arthritis Preven- tion Modernization Act of 1997 or any other (a) IN GENERAL.—Section 1903(r) of the So- provision of law, a sponsor of a drug that is tion, Control, and Cure Act on the floor today cial Security Act (42 U.S.C. 1396b(r)) is the subject of an application described in and I look forward to seeing the Senate com- amended— subparagraph (B)(i) may elect to be eligible panion, sponsored by my dear friend Senator (1) in paragraph (1), in the matter pre- for, with respect to the drug— KENNEDY, pass the other body as well. ceding subparagraph (A), by inserting ‘‘, in ‘‘(i)(I) the 3-year exclusivity period re- The bill was ordered to be engrossed addition to meeting the requirements of ferred to under clauses (iii) and (iv) of sub- and read a third time, was read the paragraph (3),’’ after ‘‘a State must’’; and section (c)(3)(E) and under clauses (iii) and (2) by adding at the end the following new third time, and passed, and a motion to (iv) of subsection (j)(5)(F), subject to the re- paragraph: quirements of such clauses, as applicable; reconsider was laid on the table. ‘‘(3) In order to meet the requirements of and this paragraph, a State must have in oper- f ‘‘(II) the 5-year exclusivity period referred ation an eligibility determination system to under clause (ii) of subsection (c)(3)(E) which provides for data matching through b 1315 and under clause (ii) of subsection (j)(5)(F), the Public Assistance Reporting Information subject to the requirements of such clauses, GENERAL LEAVE System (PARIS) facilitated by the Secretary as applicable; or (or any successor system), including match- Mr. PALLONE. Mr. Speaker, I ask ‘‘(ii) a patent term extension under section unanimous consent that all Members ing with medical assistance programs oper- ated by other States.’’. 156 of title 35, United States Code, subject to may have 5 legislative days to revise (b) EFFECTIVE DATE.— the requirements of such section. and extend their remarks and include (1) IN GENERAL.—Except as provided in ‘‘(B) APPLICATION; ANTIBIOTIC DRUG DE- extraneous material on the bill just paragraph (2), the amendments made by sub- SCRIBED.— passed. section (a) take effect on October 1, 2009. ‘‘(i) APPLICATION.—An application de- scribed in this clause is an application for The SPEAKER pro tempore. Is there (2) EXTENSION OF EFFECTIVE DATE FOR STATE LAW AMENDMENT.—In the case of a marketing submitted under this section objection to the request of the gen- after the date of the enactment of this sub- tleman from New Jersey? State plan under title XIX of the Social Se- curity Act (42 U.S.C. 1396 et seq.) which the section in which the drug that is the subject There was no objection. Secretary of Health and Human Services de- of the application contains an antibiotic f termines requires State legislation in order drug described in clause (ii). for the plan to meet the additional require- ‘‘(ii) ANTIBIOTIC DRUG.—An antibiotic drug RE-REFERRAL OF S. 3560 TO COM- ments imposed by the amendments made by described in this clause is an antibiotic drug MITTEE ON ENERGY AND COM- subsection (a), the State plan shall not be re- that was the subject of 1 or more applica- MERCE AND COMMITTEE ON garded as failing to comply with the require- tions received by the Secretary under sec- WAYS AND MEANS ments of such title solely on the basis of its tion 507 of this Act (as in effect before No- failure to meet these additional require- vember 21, 1997), none of which was approved Mr. PALLONE. Mr. Speaker, I ask ments before the first day of the first cal- by the Secretary under such section. unanimous consent that the bill, S. endar quarter beginning after the close of ‘‘(3) LIMITATIONS.— 3560, be re-referred to the Committee the first regular session of the State legisla- ‘‘(A) EXCLUSIVITIES AND EXTENSIONS.— on Energy and Commerce and, in addi- ture that begins after the date of enactment Paragraphs (1)(A) and (2)(A) shall not be con- tion, to the Committee on Ways and of this Act. For purposes of the previous sen- strued to entitle a drug that is the subject of an approved application described in sub- Means. tence, in the case of a State that has a 2-year legislative session, each year of the session paragraphs (1)(B)(i) or (2)(B)(i), as applicable, The SPEAKER pro tempore. Is there to any market exclusivities or patent exten- objection to the request of the gen- is considered to be a separate regular session of the State legislature. sions other than those exclusivities or exten- tleman from New Jersey? SEC. 4. INCENTIVES FOR THE DEVELOPMENT OF, sions described in paragraph (1)(A) or (2)(A). There was no objection. AND ACCESS TO, CERTAIN ANTI- ‘‘(B) CONDITIONS OF USE.—Paragraphs (1)(A) and (2)(A)(i) shall not apply to any condition f BIOTICS. (a) IN GENERAL.—Section 505 of the Federal of use for which the drug referred to in sub- QI PROGRAM SUPPLEMENTAL Food, Drug, and Cosmetic Act (21 U.S.C. 355) paragraph (1)(B)(i) or (2)(B)(i), as applicable, FUNDING ACT OF 2008 is amended by adding at the end the fol- was approved before the date of the enact- lowing: ment of this subsection. Mr. PALLONE. Mr. Speaker, I move ‘‘(v) ANTIBIOTIC DRUGS SUBMITTED BEFORE ‘‘(4) APPLICATION OF CERTAIN PROVISIONS.— to suspend the rules and pass the Sen- NOVEMBER 21, 1997.— Notwithstanding section 125, or any other ate bill (S. 3560) to amend title XIX of ‘‘(1) ANTIBIOTIC DRUGS APPROVED BEFORE provision, of the Food and Drug Administra- the Social Security Act to provide ad- NOVEMBER 21, 1997.— tion Modernization Act of 1997, or any other ditional funds for the qualifying indi- ‘‘(A) IN GENERAL.—Notwithstanding any provision of law, and subject to the limita- vidual (QI) program, and for other pur- provision of the Food and Drug Administra- tions in paragraphs (1), (2), and (3), the provi- tion Modernization Act of 1997 or any other sions of the Drug Price Competition and Pat- poses. provision of law, a sponsor of a drug that is ent Term Restoration Act of 1984 shall apply The Clerk read the title of the Senate the subject of an application described in to any drug subject to paragraph (1) or any bill. subparagraph (B)(i) shall be eligible for, with drug with respect to which an election is The text of the Senate bill is as fol- respect to the drug, the 3-year exclusivity made under paragraph (2)(A).’’. lows: period referred to under clauses (iii) and (iv) (b) TRANSITIONAL RULES.— S. 3560 of subsection (c)(3)(E) and under clauses (iii) (1) With respect to a patent issued on or and (iv) of subsection (j)(5)(F), subject to the before the date of the enactment of this Act, Be it enacted by the Senate and House of Rep- requirements of such clauses, as applicable. any patent information required to be filed resentatives of the United States of America in ‘‘(B) APPLICATION; ANTIBIOTIC DRUG DE- with the Secretary of Health and Human Congress assembled, SCRIBED.— Services under subsection (b)(1) or (c)(2) of SECTION 1. SHORT TITLE. ‘‘(i) APPLICATION.—An application de- section 505 of the Federal Food, Drug, and This Act may be cited as the ‘‘QI Program scribed in this clause is an application for Cosmetic Act (21 U.S.C. 355) to be listed on a Supplemental Funding Act of 2008’’. marketing submitted under this section drug to which subsection (v)(1) of such sec- SEC. 2. FUNDING FOR THE QUALIFYING INDI- after the date of the enactment of this sub- tion 505 (as added by this section) applies VIDUAL (QI) PROGRAM. section in which the drug that is the subject shall be filed with the Secretary not later Section 1933(g)(2) of the Social Security of the application contains an antibiotic than 60 days after the date of the enactment Act (42 U.S.C. 1396u–3(g)(2)), as amended by drug described in clause (ii). of this Act. section 111(b) of the Medicare Improvements ‘‘(ii) ANTIBIOTIC DRUG.—An antibiotic drug (2) With respect to any patent information for Patients and Providers Act of 2008 (Pub- described in this clause is an antibiotic drug referred to in paragraph (1) of this subsection lic Law 110–275), is amended— that was the subject of an application ap- that is filed with the Secretary within the (1) in subparagraph (I), by striking proved by the Secretary under section 507 of 60-day period after the date of the enactment ‘‘$300,000,000’’ and inserting ‘‘$315,000,000’’; this Act (as in effect before November 21, of this Act, the Secretary shall publish such and 1997). information in the electronic version of the (2) in subparagraph (J), by striking ‘‘(2) ANTIBIOTIC DRUGS SUBMITTED BEFORE list referred to at section 505(j)(7) of the Fed- ‘‘$100,000,000’’ and inserting ‘‘$130,000,000’’. NOVEMBER 21, 1997, BUT NOT APPROVED.— eral Food, Drug, and Cosmetic Act (21 U.S.C.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.001 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22719 355(j)(7)) as soon as it is received, but in no SEC. 6. FUNDING FOR THE MEDICARE IMPROVE- ceutical companies simply are not in- event later than the date that is 90 days MENT FUND. vesting in the development of new anti- after the enactment of this Act. Section 1898(b)(1) of the Social Security biotics because it’s not as profitable as Act (42 U.S.C. 1395iii(b)(1)) is amended by (3) With respect to any patent information drugs that treat chronic conditions. referred to in paragraph (1) that is filed with striking ‘‘$2,220,000,000’’ and inserting the Secretary within the 60-day period after ‘‘$2,290,000,000’’. This is an important provision that I the date of enactment of this Act, each ap- The SPEAKER pro tempore. Pursu- believe will help reverse that trend and lead to new breakthroughs and help plicant that, not later than 120 days after the ant to the rule, the gentleman from date of the enactment of this Act, amends an protect the public health. New Jersey (Mr. PALLONE) and the gen- application that is, on or before the date of Mr. Speaker, in addition to these two the enactment of this Act, a substantially tleman from Oklahoma (Mr. SULLIVAN) provisions, the bill before us contains complete application (as defined in para- each will control 20 minutes. several other technical changes that graph (5)(B)(iv) of section 505(j) of the Fed- The Chair recognizes the gentleman would improve the Medicare and Med- eral Food, Drug, and Cosmetic Act (21 U.S.C. from New Jersey. icaid programs and generate savings. 355(j))) to contain a certification described in GENERAL LEAVE I urge my colleagues on both sides of paragraph (2)(A)(vii)(IV) of such section Mr. PALLONE. Mr. Speaker I ask the aisle to support this legislation. 505(j) with respect to that patent shall be unanimous consent that all Members deemed to be a first applicant (as defined in I reserve the balance of my time. paragraph (5)(B)(iv) of such section 505(j)). may have 5 legislative days to revise Mr. SULLIVAN. Mr. Speaker, I rise SEC. 5. CLARIFICATION OF AUTHORITY FOR USE and extend their remarks and include in support of S. 3560. The bill is de- OF MEDICAID INTEGRITY PROGRAM extraneous material on the bill under signed to make technical corrections FUNDS. consideration. to policies we enacted in this and pre- (a) CLARIFICATION OF AUTHORITY FOR USE The SPEAKER pro tempore. Is there vious Congresses. OF FUNDS.— objection to the request of the gen- Specifically, this bill, at its core, cor- (1) IN GENERAL.—Section 1936 of the Social rects a technical error in the funding Security Act (42 U.S.C. 1396u–6) is amended— tleman from New Jersey? (A) in subsection (b)(4), by striking ‘‘Edu- There was no objection. level for the extension of the QI–1 pro- cation of’’ and inserting ‘‘Education or train- Mr. PALLONE. Mr. Speaker, I yield gram that was passed earlier this year ing, including at such national, State, or re- myself such time as I may consume. as part of the Medicare Improvements gional conferences as the Secretary may es- Mr. Speaker, I rise in strong support for Patients and Providers Act of 2008. tablish, of State or local officers, employees, of S. 3560, the QI Program Supple- The QI–1 program provides for the gov- or independent contractors responsible for mental Funding Act of 2008, introduced ernment’s payment of Medicare part B the administration or the supervision of the by my Senate colleague, Senator MAX premiums for certain low-income bene- administration of the State plan under this BAUCUS. ficiaries through the State Medicaid title,’’; and Mr. Speaker, this bill makes a num- program. (B) in subsection (e), by striking paragraph In addition, this bill provides an im- (2) and inserting the following: ber of technical, but important, ‘‘(2) AVAILABILITY; AUTHORITY FOR USE OF changes that will improve the Medi- portant correction in FDA policy re- FUNDS.— care and Medicaid programs. This leg- garding the development of antibiotics. ‘‘(A) AVAILABILITY.—Amounts appropriated islation also contains an important This provision would have been in the pursuant to paragraph (1) shall remain avail- provision that will help incentivize the Food and Drug Administration Amend- able until expended. development of new antibiotics. ments Act that we passed last year; ‘‘(B) AUTHORITY FOR USE OF FUNDS FOR Earlier this summer, Congress passed however, it was dropped at the last TRANSPORTATION AND TRAVEL EXPENSES FOR H.R. 6331, the Medicare Improvements minute because of PAYGO reasons. ATTENDEES AT EDUCATION, TRAINING, OR CON- for Patients and Providers Act of 2008, Finally, this bill provides the Sec- SULTATIVE ACTIVITIES.— retary with additional authority to ‘‘(i) IN GENERAL.—The Secretary may use which extended the Qualifying Indi- amounts appropriated pursuant to paragraph vidual, or QI, program to December of perform education and outreach activi- (1) to pay for transportation and the travel 2009. The QI program provides impor- ties as part of the Medicaid Integrity expenses, including per diem in lieu of sub- tant financial assistance to low-income Program established by the Deficit Re- sistence, at rates authorized for employees of Medicare beneficiaries. duction Act of 2005. agencies under subchapter I of chapter 57 of Unfortunately, when we passed H.R. This bill is fully paid for, with some title 5, United States Code, while away from 6331, we did not include enough money money left over to spare. The offset for their homes or regular places of business, of this bill is the use of the State Public in the QI program to fully cover the individuals described in subsection (b)(4) who Assistance Reporting Information Sys- level of need. We need an additional $45 attend education, training, or consultative tem. This system provides States with activities conducted under the authority of million in order to fully cover the cost a tool to improve program integrity that subsection.’’. of the program through the end of next and go after fraud and abuse in the ad- (2) EFFECTIVE DATE.—The amendments year. Otherwise, vulnerable Medicare made by paragraph (1) shall take effect as if ministration of public and medical as- beneficiaries may be disenrolled and sistance programs. This system does included in the enactment of section 1936 of lose access to important health serv- the Social Security Act, as added by section this by matching program enrollment 6034(a) of the Deficit Reduction Act of 2005 ices, and we certainly can’t allow this data, such as Medicaid enrollment (Public Law 109–171). to happen. data, with data from other States (b) PUBLIC DISCLOSURE.— Mr. Speaker, this legislation also which determine possible duplicate (1) IN GENERAL.—Section 1936(e)(2)(B) of contains a provision that would en- payments. such Act (42 U.S.C. 1396u–6(e)(2)(B)), as added courage and incentivize drug manufac- Mr. Speaker, I urge Members to sup- by subsection (a) of this section, is amended turers to research and develop anti- by adding at the end the following: port this legislation. However, I do biotics. Presently, there’s too little re- want to remind Members that the need ‘‘(ii) PUBLIC DISCLOSURE.—The Secretary search being done to develop new and shall make available on a website of the Cen- for a technical bill might not have aris- ters for Medicare & Medicaid Services that is innovative antibiotics therapies. That en if the majority would have involved accessible to the public— is particularly troubling at a time the minority in the crafting of the ‘‘(I) the total amount of funds expended for when antibiotic resistance is a growing Medicare bill passed in July. The ma- each conference conducted under the author- problem. jority should have provided the minor- ity of subsection (b)(4); and According to the Infectious Disease ity time to review the legislation and ‘‘(II) the amount of funds expended for Society of America, about 2 million offer a motion to recommit. each such conference that were for transpor- people acquire bacterial infections in I support this legislation, but I hope tation and for travel expenses.’’. U.S. hospitals each year, and 90,000 die moving forward the majority will in- (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply to con- as a result. Approximately 70 percent clude the minority when writing major ferences conducted under the authority of of these infections are resistant to at legislation. section 1936(b)(4) of the Social Security Act least one drug. I yield as much time as the gen- (42 U.S.C. 1396u–6(b)(4)) after the date of en- Mr. Speaker, the R&D pipeline for tleman may consume to my friend actment of this Act. antibiotics is drying up. Major pharma- from Michigan, DAVE CAMP.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.001 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22720 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 Mr. CAMP of Michigan. Mr. Speaker, and I support it. I think it’s a good Health Subcommittee not to mandate I thank the gentleman for yielding, and issue, but I want to say to the gen- or make decisions for physicians as to I’m also pleased to rise in support of tleman from New Jersey, I don’t under- what kind of protocols they use. In this this legislation, which will make im- stand why you’ve boxed up for months case, the protocol is very different portant changes to the Qualified Indi- and years the bill that Congressman from the overwhelming majority of the vidual program. CHRIS SMITH has that deals with Lyme doctors, and so it’s a very controversial This program helps low-income Medi- disease. issue that needs to have a lot of debate. care beneficiaries pay for their Medi- I was at a national Lyme disease con- So there’s absolutely no way that we care premiums. While the QI program ference this week. Lyme disease is could do something like that on a con- was extended under the Medicare Im- spreading through our Nation. Lyme sent calendar because many of the provement for Patients and Providers disease is spreading through my con- Members simply don’t support it. Act enacted in July, some States were gressional district. Lyme disease is Mr. WOLF. Reclaiming my time, why still facing shortfalls. spreading through New Jersey, spread- hasn’t the gentleman had hearings on The bill we are debating today pro- ing through the gentleman’s district, it? vides $45 million to ensure States like spreading through Mr. SMITH’s district, Mr. PALLONE. Well, we could cer- Alabama and South Carolina have suf- and if I could get the gentleman’s at- tainly have hearings on it, and as I dis- ficient funds to maintain Medicare en- tention, rather than whispering back cussed with the gentleman, I would rollment for their low-income seniors. and forth, I would like to know, if we like to have hearings not only on that Importantly, this bill is fully paid for are going to do resolutions like this bill but on the issue of Lyme disease, by requiring State Medicaid programs and take them out of the committee, research and treatment, and we will to electronically submit eligibility de- why Mr. SMITH’s bill, which has been certainly do that in the next session. terminations to the Public Assistance pending in your committee for a long But we’re obviously not doing this Reporting Information System. time, cannot be considered? today in the context of a consent cal- Mr. Speaker, it is critical to the If you watched the movie the other endar. health of low-income seniors that we day, the number of people that have Mr. WOLF. Reclaiming my time, I enact this legislation promptly, and I been impacted by Lyme disease is very will take you at your word that you’re urge the House to support this bill. serious. This is spreading. It’s in Penn- going to have hearings, is that accu- Mr. PALLONE. Mr. Speaker, I yield 2 sylvania, I would tell the person who’s rate, early in the year? minutes to the gentleman from Cali- chairing the House. It is spreading Mr. PALLONE. What I said is I would fornia, the chairman of the Ways and throughout the United States, and yet like to have hearings on the issue re- Means Health Subcommittee, Mr. the bill is boxed up, locked up in your lated to Lyme. We can certainly take STARK. committee, and I want to know, be- up the issues that are raised in that Mr. STARK. Mr. Speaker, my re- cause I’ve had enough of seeing this legislation in the context of that, but marks shall be brief, because the dis- thing and seeing it go time after time as I would say to the gentleman again, tinguished ranking member of the Sub- after time, and you’re keeping the bill the protocol in that legislation is very committee on Health on the Com- from coming out. controversial. It’s certainly one of the mittee on Ways and Means was partici- So if I could yield to the gentleman many things that we would have to pating and is so adequately up on this to tell me, what do you plan on doing consider in the context of research and bill that he just said it all. I would as- about Lyme disease? Why won’t you treatment of Lyme disease. sociate myself with the remarks of the get that bill out? What is the status of Mr. WOLF. Reclaiming my time, distinguished gentleman from Michi- it? And what would we tell somebody we’re not going to let this issue go gan. who happens to have Lyme disease away, I want to tell the gentleman I rise in support of the QI Program Supple- today to know that the bill is pending from New Jersey, even if I have to mental Funding Act, S. 3560. in the committee? come up into New Jersey and go At nearly $100 a month, the Part B premium I yield to the gentleman. throughout to say that this bill is can be a real hardship for seniors living on Mr. PALLONE. Well, as I’ve dis- being boxed up. low incomes. cussed with the gentleman, because we Just so Members know, instances of This bill is necessary to ensure that low-in- have actually talked about this on sev- Lyme disease are rapidly rising in Vir- come Medicare beneficiaries with annual in- eral occasions, I believe we are now ginia, not only in my congressional dis- comes between $12,000–$14,000 are able to doing what we call consent bills, in trict but across the country. According continue receiving financial assistance for the other words, bills that have the con- to the Centers for Disease Control and cost of their Medicare premiums. sent, meaning are basically agreed to Prevention, from 1993 to 2007, reported I support extending this vital program. If this not only by the Democrats and Repub- cases of Lyme in Virginia have risen bill doesn’t pass, States will drop poor seniors licans, but also by the members of the 990 percent, and this committee has from the program. subcommittee and the Members of the done nothing. In the same time frame, My only complaint is that we should be House in general, because as you know, reported cases are up 235 percent na- doing more than this today. We have technical you have to have a two-thirds vote to tionwide. corrections from the Medicare legislation we pass these bills or do them by unani- Lyme disease is frightening, keeps passed earlier this year which should be be- mous consent. the Boy Scouts and Girl Scouts from fore us as part of this legislation. Unfortu- We do not have anything near con- camping during summer months or nately, the Senate failed to reach agreement sensus on that legislation. It would children playing in the backyard or to incorporate those needed provisions in this have to go through regular order, have joggers on bike paths through tree- bill. a hearing, go through subcommittee. lined neighborhoods, sharing the out- There is much we need to do to maintain The problem is that many, probably doors with a minute insect that can our commitment to Medicare and Medicaid. the majority, but I won’t venture to bring monumental health problems. This bill is a tiny part of that work. I look for- say whether it’s majority or minority, Congress needs to get serious. I was ward to continuing to work with my colleagues but many people do not agree with the watching this and I think you have on both sides of the aisle—and on both sides protocol, if you will, that is suggested, boxed it up. You know, when the gen- of the Capitol—to do much more. if not mandated, by that legislation. tleman was speaking—if you could look Mr. SULLIVAN. Mr. Speaker, I yield In other words, right now, the major- at me, I would just appreciate it. I to the gentleman from Virginia, Con- ity of the doctors treat Lyme disease, want to tell the gentleman that we’re gressman WOLF, as much time as he you know, in a certain fashion. Those going to hold you to this with regard to may consume. who advocate for that legislation sug- hearings. I will come and testify, but if Mr. WOLF. I was watching this meet- gest a different protocol, and frankly, I this issue is boxed up next year, we’re ing and resolution in my office today, have tried very hard as chairman of the going to deal with it in many ways.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.001 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22721 b 1330 themselves or tie their shoes; and folks As public servants, we have given our I would ask unanimous consent—if hundreds of thousands of dollars in word to do everything we can to pro- you want to say something, I’ll wait. debt just trying to get some quality of tect the public interest. We are sorely Mr. PALLONE. Well, I would just say life back for their loved ones. lacking in Federal efforts to increase this: You know, it does bother me be- Americans need to learn about Lyme awareness and education about Lyme cause the gentleman is sort of sug- and press their Federal legislator to disease. Every year since 1998, legisla- gesting that you and I haven’t had con- act. It is unacceptable—an outrage—for tion similar to H.R. 741 has been intro- versations about this. We’ve actually Congress to ignore this issue. duced in the House, and we have failed This past August I held a Lyme dis- had many conversations about this. to act. ease awareness forum in my district in I’ve told you the same thing I’ve just I urge every member to educate Loudoun County, Virginia, to help my said here on the floor. And I really themselves on the Lyme statistics in constituents learn how to prevent don’t understand why the gentleman is their home state and take a close look Lyme disease from touching their fam- giving the impression that somehow we at H.R. 741. ilies. Three medical doctors, including haven’t discussed this because we have. For those Members who sit on the two county health departments, volun- Mr. WOLF. Reclaiming my time, I Energy and Commerce Subcommittee teered their time to share their exper- never said—we’ve discussed it twice. on Health, I urge you to step forward tise in Lyme-related issues. What I’m saying is that you’ve boxed and act to see that this bill is reported Lyme disease is an illness caused by out of committee before the House the bill up, you’ve boxed CHRIS SMITH’s bacteria that are transmitted to people bill up. You’ve held no hearings. And completes its legislative business for by the bite of an infected black-legged the 110th Congress. there are a lot of people around the tick, also known as the deer tick, country that are suffering with Lyme For the House leadership, I urge that which is comparable in size to the tip this bill be placed on the calendar now disease. And you appear to be the rail of a ball point pen. With all of the nat- block. And so what we’re asking for is for action. If we can spend time loading ural beauty and outdoor activities in up the suspension calendar and voting hearings, and give us an opportunity many of the congressional districts we for all people of all sides to be heard. on commemorative anniversaries and represent, it’s important we work to naming post offices, we surely can find Mr. PALLONE. Would the gentleman educate our constituents about this de- yield? time to address legislation that can bilitating disease. make a difference in the lives of Amer- Mr. WOLF. I would yield. Speaking as a father of five and icans. Mr. PALLONE. First of all, I resent grandfather of 13, I worry about deer, Mr. PALLONE. Mr. Speaker, I yield the fact that the gentleman is sug- mice, and even family pets trans- myself such time as I may consume. gesting that we ‘‘boxed this up.’’ I porting ticks and transmitting Lyme. would point out to the gentleman that Incidents of Lyme disease are rising I would just point out that on this the problem of Lyme disease has been rapidly in Virginia and across the and so many other issues it is amazing around for many years. And the gen- country. According to the Centers for to me that the gentleman, who was in tleman and his committee, Appropria- disease Control and Prevention, from the majority for so many years and had tions Committee, were in the majority 1993 to 2007 reported cases of Lyme in so many opportunities to raise this and for, what, at least 12 years before the Virginia have risen 909 percent. In that other issues, is somehow now sug- last 2 years that the Democrats have same time frame, reported cases are up gesting that the Democrats are boxing been in the majority? Certainly, the 235 percent nationwide. it up. You know, Lyme has been around gentleman had plenty of opportunity, Lyme disease is frightening. Picture for a long time. The people concerned and still does, to do something about Boy Scouts and Girl Scouts camping about this issue have been trying to ad- this himself. during the summer months or children dress it for a long time. The bottom Mr. WOLF. Reclaiming my time, I playing in the backyard, or joggers on line, as the gentleman knows, it’s a was going to offer the Chris Smith bike paths through tree-lined neighbor- very controversial issue. We will cer- amendment to the appropriations bill. hoods—sharing the outdoors with a tainly raise it, but he had ample oppor- The Appropriations Committee hasn’t minute insect that can bring monu- tunity, the many years that he was in met and had any hearings for months. mental health problems. the majority, to raise it and it just Your side has prohibited any amend- This Congress needs to get serious didn’t happen. ments from being offered. But I will about stepping up to the plate, and Mr. Speaker, I reserve the balance of tell the gentleman, next year, if you making sure people in high risk areas my time. don’t move this bill, I am going to offer are aware of this threat. H.R. 741—The Mr. SULLIVAN. Mr. Speaker, may I it to the Labor-H bill next year and we Lyme and Tick-Borne disease Preven- inquire as to how much time is remain- will have to deal with it on the floor. tion, Education, and Research Act— ing? I believe we have a responsibility to legislation introduced by CHRIS SMITH The SPEAKER pro tempore. The gen- address an issue that is wreaking havoc with a host of original cosponsors from tleman from Oklahoma has 81⁄2 minutes in my district and across the country. New York, Connecticut, Arizona, Illi- remaining. That’s the rapid rise in Lyme disease nois, Rhode Island, Washington, among Mr. SULLIVAN. Mr. Speaker, I yield and there is a bill pending in the En- others, now has collected well over 100 as much time as he might consume to ergy and Commerce Health Sub- bipartisan cosponsors. Mr. WOLF. committee that could go a long way to- The bill, which would expand Federal Mr. WOLF. This is a growing issue. It wards helping raise awareness about efforts with respect to prevention, edu- is becoming a more important issue the threat of Lyme. cation, and research activities, will go and a new issue. If you look at the sta- Just this week I went to a briefing a long way toward getting the word out tistics, it is growing around the Na- sponsored by the National Capital about Lyme disease and the pre- tion, it is now becoming an epidemic. Lyme and Tick-Borne Disease Associa- cautions people can take to ensure that And so, when I now see an epidemic tion. People are suffering from Bell’s they never have to suffer the con- taking place in my congressional dis- palsy, meningitis and other manifesta- sequences of chronic Lyme. trict, in your congressional district, tions from Lyme disease. ‘‘An ounce of prevention is worth a through New Jersey, through Con- There are people in my district whose pound of cure’’ could not be a more ap- necticut—if you talk to Senator DODD, entire nuclear family suffers from propriate adage for Lyme disease. Fail- he will tell you—through Massachu- chronic Lyme: Young men and women ure to recognize Lyme disease early in setts, all up and down the east coast, it who have had to take medical leave its course can result in the develop- is time to do something. And so I think from their college studies to battle se- ment of difficult to treat infections in it is time to deal with it. vere joint pain and bleeding ulcers, the brain, eyes, joints, heart, and else- And I see the gentleman from New once healthy people unable to dress where in the body. Jersey here. You have blocked this bill

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.001 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22722 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 for a long period of time. And I will tell The problem with the Infectious Dis- tion, I would like to see it go forward you, I will not permit you to block it. ease Society of America is that these nevertheless, know this however, we’re And next year, I will offer amendment conflicts of interest, we believe, re- not spending enough on Lyme. after amendment after amendment and sulted in the conclusion that chronic And Lyme is, as Mr. WOLF said so do whatever I can to make sure that Lyme doesn’t exist. We don’t know ab- aptly, growing exponentially. CDC ad- people who are impacted by this, to solutely if that’s the truth, but Attor- mits we are missing most of the cases. make sure that people who do not even ney General Richard Blumenthal from As many as 90 percent of the cases go know what may very well be threat- Connecticut finally took a look at this unreported. Our state, Mr. PALLONE, as ening them will not be threatened. and came back with a scathing insight- you know, is number three in preva- I yield to the gentleman from New ful report that there were conflicts of lence according to CDC numbers, and Jersey to also make some comments interest. The red flag should go up ev- even that is probably very much under- about this. erywhere. stated in terms of the actual preva- Mr. SMITH of New Jersey. I thank What does my legislation do? As Mr. lence of Lyme disease. my friend for yielding. PALLONE knows, the legislation does So I would make the appeal again, as Mr. Speaker, first of all, I want to not prescribe a protocol, as he has sug- I have made to my friend from New thank Mr. WOLF for raising this. I gested. It simply calls for an advisory Jersey, as I have made to Mr. DINGELL, didn’t know he was going to be doing committee that would take a good, as I have made to Mr. BARTON and ev- it; I just saw him on the television. long look at Lyme disease and deter- eryone else, this legislation ought to be Mr. WOLF. I didn’t know I was going mine what is fact and fiction, and fi- on this floor and it ought to be on the to be doing it until I saw the gen- nally, for the sake of all of those who floor today. It is truly bipartisan. tleman, Mr. PALLONE, standing up and are suffering immensely from this dis- There ought to be a consensus to go taking this up on suspension. where the science takes us. And again, Mr. SMITH of New Jersey. So I ap- ease and their families, say what we an advisory committee, a Blue Ribbon preciate the gentleman yielding. need to be doing to mitigate and hope- Let me just say, to clarify the record, fully stop the spread of Lyme, whether panel that would be configured under this legislation, which would seek to it be long-term and very heavy anti- this legislation would finally end, lay bare the science about Lyme dis- biotic treatment—which I believe prob- hopefully, this contentious debate and ease, the fact that I believe we do have ably is the case based on clinical prac- tell us what it is and what it is not. I have known dozens of people who an epidemic, the fact that Lyme often titioners who have suggested that to be have had chronic Lyme. Now, you go misdiagnosed, underdiagnosed. It is the case—but we want an honest look. might say it doesn’t exist, the Infec- called ‘‘the great pretender’’ because so As Mr. PALLONE knows, we did not tious Disease Society says it doesn’t many people have it and don’t know it. get an honest look from the Infectious It often masquerades as other kinds of Disease Society of America. And I find exist. These victims suffer from the anomalies manifesting in a person’s that appalling. Conflict of interest spirochete, and have suffered neuro- body. And it is not until it gets to a with insurance companies has no place logical damage, severe joint damage, chronic state—very often causing se- in modern medicine. And regrettably, and many, many other problems. There is a new book called ‘‘Cure Un- vere disability, including neurological and it has been—again, the full weight known’’ that I would recommend to the damage—that people finally realize of the Attorney General’s report clear- House. I read it in one sitting because that they have Lyme disease. ly suggests, Richard Blumenthal of There has been, unfortunately, a sig- Connecticut, that there were signifi- it is so incisive in finally breaking nificant, I believe, cover up of the fact cant conflicts of interest on the part of through the fog on this disease. People that chronic Lyme exists. The gen- the panel members. are walking around with Lyme and tleman knows, we have asked him re- Our legislation says let’s go where they don’t even know it. peatedly, the gentleman from New Jer- the science takes us. If the science says We need to bring the forces to bear of the U.S. Government that an advisory sey, my good friend, Mr. PALLONE, this chronic Lyme exists, then all those pa- legislation has been pending in his sub- tients and the insurance companies committee of this kind would do a Blue committee. He told Pat Smith—no re- which need to be providing the cov- Ribbon panel, a 9/11-type panel of sci- lation to me—who runs a Lyme disease erage, to get the medicines and the entists, of the best people we can put association, that this would get a hear- like, like antibiotics—because what together to say, put aside the egre- ing and would be marked up. It has not has happened, as my friend knows, be- giously flawed Infectious Diseases So- been marked up. And meanwhile, this cause of this exclusion of chronic Lyme ciety of America’s finding, which epidemic is growing—it is exploding. due to a problem in definition, the in- Blumenthal said was riddled with con- Now, let me just say for the enlight- surance companies say we don’t have flict of interest—and I urge Members to enment of my colleagues; the Infec- to pay. So when a patient presents with read Blumenthal’s opinion, I will put it tious Disease Society of America, a bill of $100,000 or some excessive in the RECORD so Members can read which creates—and often does a very amount of money, the insurance com- it—his findings were, ‘‘atrocious, con- laudable job—the definitions, the pa- panies say, not us, tough luck, we’re flict of interest everywhere.’’ rameters of what constitutes a certain not going to pay for it. And they go This legislation ought to be on the disease, has looked at Lyme and said right back to what I believe to be a floor and it ought to be on the floor that chronic Lyme does not exist. false definition that precludes chronic today. Many of us have raised serious con- Lyme as a condition. OFFICE OF THE ATTORNEY GENERAL, Hartford, Connecticut, May 1, 2008. cerns about that because of what we Now, you might think that chronic ATTORNEY GENERAL’S INVESTIGATION RE- believe to be conflicts of interest on Lyme doesn’t exist, I say to my friend, VEALS FLAWED LYME DISEASE GUIDELINE the part of the panel members that the chairman, but let’s go where the PROCESS, IDSA AGREES TO REASSESS made up the Lyme panel. science takes us. We need this advisory GUIDELINES, INSTALL INDEPENDENT ARBITER I would note parenthetically that committee and we need it now. All Attorney General Richard Blumenthal CHRIS DODD is the prime sponsor of the points of view, as our legislation clear- today announced that his antitrust inves- comparison legislation that I’ve intro- ly suggests, has to be a part of this tigation has uncovered serious flaws in the duced on the House side. We have group. We want a robust debate, not Infectious Diseases Society of America’s worked cooperatively on the legisla- something that is engineered by insur- (IDSA) process for writing its 2006 Lyme dis- tion, so we have a companion bill on ance companies. ease guidelines and the IDSA has agreed to the Senate side. The legislation has Finally, the legislation would au- reassess them with the assistance of an out- side arbiter. over 110—I think it’s 112—cosponsors, thorize $100 million over 5 years, $20 The IDSA guidelines have sweeping and totally bipartisan, Democrats and Re- million each year. Frankly, if that significant impacts on Lyme disease medical publicans alike rallying around this drops off due to opposition to new au- care. They are commonly applied by legislation. thorization, and is only an authoriza- nsurance companies in restricting coverage

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.001 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22723 for long-term antibiotic treatment or other bility by allowing individuals with financial Blumenthal’s office found that the IDSA dis- medical care and also strongly influence interests—in drug companies, Lyme disease regarded a 2000 panel member who argued physician treatment decisions. diagnostic tests, patents and consulting ar- that chronic and persistent Lyme disease ex- Insurance companies have denied coverage rangements with insurance companies—to ists. The 2000 panel pressured the panelist to for long-term antibiotic treatment relying exclude divergent medical evidence and opin- conform to the group consensus and removed on these guidelines as justification. The ion. In today’s healthcare system, clinical him as an author when he refused. guidelines are also widely cited for conclu- practice guidelines have tremendous influ- IDSA sought to portray a second set of sions that chronic Lyme disease is non- ence on the marketing of medical services Lyme disease guidelines issued by the Amer- existent. and products, insurance reimbursements and ican Academy of Neurology (AAN) as inde- ‘‘This agreement vindicates my investiga- treatment decisions. As a result, medical so- pendently corroborating its findings. In fact, tion—finding undisclosed financial interests cieties that publish such guidelines have a IDSA knew that the two panels shared key and forcing a reassessment of IDSA guide- legal and moral duty to use exacting safe- members, including the respective panel lines,’’ Blumenthal said. ‘‘My office uncov- guards and scientific standards. chairmen and were working on both sets of ered undisclosed financial interests held by ‘‘Our investigation was always about the guidelines at the same time—a violation of several of the most powerful IDSA panelists. IDSA’s guidelines process—not the science. IDSA’s conflicts of interest policy. The IDSA’s guideline panel improperly ig- IDSA should be recognized for its coopera- The resulting IDSA and AAN guidelines nored or minimized consideration of alter- tion and agreement to address the serious not only reached the same conclusions re- native medical opinion and evidence regard- concerns raised by my office. Our agreement garding the non-existence of chronic Lyme ing chronic Lyme disease, potentially rais- with IDSA ensures that a new, conflicts-free disease, their reasoning at times used strik- ing serious questions about whether the rec- panel will collect and review all pertinent in- ingly similar language. Both entities, for ex- ommendations reflected all relevant science. formation, reassess each recommendation ample, dubbed symptoms persisting after ‘‘The IDSA’s Lyme guideline process and make necessary changes. treatment ‘‘Post-Lyme Syndrome’’ and de- lacked important procedural safeguards re- ‘‘This Action Plan—incorporating a con- fined it the same way. quiring complete reevaluation of the 2006 flicts screen by an independent neutral ex- When IDSA learned of the improper links Lyme disease guidelines—in effect a com- pert and a public hearing to receive addi- between its panel and the AAN’s panel, in- prehensive reassessment through a new tional evidence—can serve as a model for all stead of enforcing its conflict of interest pol- panel. The new panel will accept and analyze medical organizations and societies that icy, it aggressively sought the AAN’s en- all evidence, including divergent opinion. An publish medical guidelines. This review dorsement to ‘‘strengthen’’ its guidelines’ independent neutral ombudsman—expert in should strengthen the public’s confidence in impact. The AAN panel—particularly mem- medical ethics and conflicts of interest, se- such critical standards.’’ bers who also served on the IDSA panel— lected by both the IDSA and my office—will THE GUIDELINE REVIEW PROCESS worked equally hard to win AAN’s backing assess the new panel for conflicts of interests of IDSA’s conclusions. and ensure its integrity.’’ Under its agreement with the Attorney The two entities sought to portray each Blumenthal’s findings include the fol- General’s Office, the IDSA will create a re- other’s guidelines as separate and inde- lowing: The IDSA failed to conduct a con- view panel of eight to 12 members, none of pendent when the facts call into question flicts of interest review for any of the panel- who served on the 2006 IDSA guideline panel. that contention. ists prior to their appointment to the 2006 The IDSA must conduct an open application The IDSA subsequently cited AAN’s sup- Lyme disease guideline panel; process and consider all applicants. posed independent corroboration of its find- Subsequent disclosures demonstrate that The agreement calls for the ombudsman ings as part of its attempts to defeat federal several of the 2006 Lyme disease panelists selected by Blumenthal’s office and the legislation to create a Lyme disease advisory had conflicts of interest; IDSA to ensure that the review panel and its committee and state legislation supporting The IDSA failed to follow its own proce- chairperson are free of conflicts of interest. antibiotic therapy for chronic Lyme disease. dures for appointing the 2006 panel chairman Blumenthal and IDSA agreed to appoint In a step that the British Medical Journal and members, enabling the chairman, who Dr. Howard A. Brody as the ombudsman. Dr. deemed ‘‘unusual,’’ the IDSA included in its held a bias regarding the existence of chronic Brody is a recognized expert and author on Lyme guidelines a statement calling them Lyme, to handpick a likeminded panel with- medical ethics and conflicts of interest and ‘‘voluntary’’ with ‘‘the ultimate determina- out scrutiny by or formal approval of the the director of the Institute for Medical Hu- tion of their application to be made by the IDSA’s oversight committee; manities at the University of Texas Medical physician in light of each patient’s indi- The IDSA’s 2000 and 2006 Lyme disease pan- Branch. Brody authored the book, ‘‘Hooked: vidual circumstances.’’ In fact, United els refused to accept or meaningfully con- Ethics, the Medical Profession and the Phar- Healthcare, Health Net, Blue Cross of Cali- sider information regarding the existence of maceutical Industry.’’ fornia, Kaiser Foundation Health Plan and chronic Lyme disease, once removing a pan- To assure that the review panel obtains di- other insurers have used the guidelines as elist from the 2000 panel who dissented from vergent information, the panel will conduct justification to deny reimbursement for the group’s position on chronic Lyme disease an open scientific hearing at which it will long-term antibiotic treatment. to achieve ‘‘consensus’’; hear scientific and medical presentations Blumenthal thanked members of his office The IDSA blocked appointment of sci- from interested parties. The agreement re- who worked on the investigation—Assistant entists and physicians with divergent views quires the hearing to be broadcast live to the Attorney General Thomas Ryan, former As- on chronic Lyme who sought to serve on the public on the Internet via the IDSA’s sistant Attorney General Steven Rutstein 2006 guidelines panel by informing them that website. The Attorney General’s Office, Dr. and Paralegal Lorraine Measer under the di- the panel was fully staffed, even though it Brody and the review panel will together fi- rection of Assistant Attorney General Mi- was later expanded; nalize the list of presenters at the hearing. The IDSA portrayed another medical asso- chael Cole, Chief of the Attorney General’s Once it has collected information from its Antitrust Department. ciation’s Lyme disease guidelines as corrobo- review and open hearing, the panel will as- CONGRESS OF THE UNITED STATES, rating its own when it knew that the two sess the information and determine whether Washington, DC, May 18, 2007. panels shared several authors, including the the data and evidence supports each of the Hon. FRANK PALLONE, Jr., chairmen of both groups, and were working recommendations in the 2006 Lyme disease Chairman, Subcommittee on Health, House on guidelines at the same time. In allowing guidelines. Committee on Energy and Commerce, Wash- its panelists to serve on both groups at the The panel will then vote on each rec- ington, DC. same time, IDSA violated its own conflicts ommendation in the IDSA’s 2006 Lyme dis- DEAR CHAIRMAN PALLONE: As co-chairs of of interest policy. ease guidelines on whether it is supported by the congressional L.yme Disease Caucus, we IDSA has reached an agreement with the scientific evidence. At least 75 percent of are writing to respectfully request that you Blumenthal’s office calling for creation of a panel members must vote to sustain each mark-up and report H.R. 741 or find a suit- review panel to thoroughly scrutinize the recommendation or it will be revised. able legislative vehicle to attach significant 2006 Lyme disease guidelines and update or Once the panel has acted on each rec- provisions of this desperately needed legisla- revise them if necessary. The panel—com- ommendation, it will have three options: tion. prised of individuals without conflicts of in- make no changes, modify the guidelines in H.R. 741, the ‘‘Lyme and Tick-borne Dis- terest—will comprehensively review medical part or replace them entirely. ease Prevention, Education, and Research and scientific evidence and hold a scientific The panel’s final report will be published Act of 2007,’’ would work toward goals for the hearing to provide a forum for additional on the IDSA’s website. evidence. It will then determine whether prevention, accurate diagnosis, and effective each recommendation in 2006 Lyme disease ADDITIONAL FINDINGS OF BLUMENTHAL’S treatment of Lyme disease and would au- guidelines is justified by the evidence or INVESTIGATION thorize an increase in total research and edu- needs revision or updating. IDSA convened panels in 2000 and 2006 to cation funding of $20 million per year over 5 Blumenthal added, ‘‘The IDSA’s 2006 Lyme research and publish guidelines for the diag- years. The bill contains numerous measures disease guideline panel undercut its credi- nosis and treatment of Lyme disease. to help ensure that resources are expended

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.001 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22724 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 effectively to provide the most benefit to of a sensitive and accurate diagnostic test tleman from New Jersey all the time— people with Lyme and other tick-borne dis- improved surveillance and prevention and on the floor, at home, on various occa- eases. clinical outcomes research to determine the sions. He has not spoken to me. Introduced in January, this legislation long-term course of illness and the effective- So I want to thank the gentleman currently has 77 bipartisan co-sponsors. It is ness of treatments. In addition, the bill from Virginia for at least saying that supported by more than 60 Lyme disease or- would establish a Tick-Borne Disease Advi- ganizations across the country. This legisla- sory Committee to ensure communication he has taken the time, had some rea- tion holds the promise to significantly im- and coordination among federal agencies, soned discussions about it. That is not prove the lives of the large numbers of Amer- medical professionals, and patients/patient true of my colleague from New Jersey, icans living with Lyme, as well as other advocates. The Lyme conmunity has been which is why I deeply resent the fact tick-borne diseases, and their families and seeking this voice for a decade. that he’s on the floor here today talk- friends. As Chairman of the Energy and Commerce ing about it because it is the first time Lyme is the most prevalent vector-borne Committee, we know that you share our I recollect him ever talking to me disease in the United States today. More commitment to significantly improve the about it. than 220,000 Americans develop Lyme each health outlook for all citizens of this coun- Now, let me say a few other things. try, including the hundreds of thousands of year. According to the Centers for Disease First of all, as far as the science is con- Control & Prevention (CDC), only 10 percent Americans who have experienced or will ex- of cases that meet its surveillance criteria perience the too common occurrence of being cerned, the science is in the Infectious are reported. Cases that fall outside the sur- bitten by Ivodes scapularis, the deer tick or Diseases Society and the CDC, not with veillance criteria are not even considered black legged tick, and contracting Lyme dis- the Attorney General and some polit- anywhere statistically. ease. Now Amblvomma americanum, the ical grandstanding that he’s doing in If not diagnosed and treated early, Lyme lone star tick, is rapidly spreading through- Connecticut, nor with my colleague disease can lead to chronic illness and can out the country from its former more south- from New Jersey who is grandstanding affect every system in the body, including ern habitat, and states in the northeast are here today. the central nervous system and cardiac sys- beginning to feel its impact as it spreads I am very concerned about Lyme dis- tems. Later symptoms of Lyme disease in- STARI, a Lyme like illness with the same ease. I have been working with the CDC clude arthritis, neurological problems, such symptoms as Lyme disease. It also carries as facial paralysis, encephalopathy, memory Ehrliehiosis or tularemia. Scientists are say- to address the issue. We are awaiting problems, weakness of the extremities, sei- ing that this lone star is aggressive and will answers from the agency on how best zures, heart block and inflammation of the pursue people from 30 feet away, not like the to address this. I have, in fact, talked heart muscle, and even blindness. deer tick which wants for its prey sitting on to many of my constituents about this, In recent years, Lyme disease has contin- vegetation. even though my own colleague hasn’t ued an upward trend in endemic areas and To enure that these necessary goals are talked to me about it from New Jersey. also has expanded into more areas. Reported not lost, we respectfully request that you And I also would like to say this: As Lyme cases increase, by 100 percent from shcedule for a mark-up the Lyme and tick- far as the Infectious Diseases Associa- 1992 to 2004 according to CDC. Currently, all borne Disease Prevention, Education, and tion, they basically are the majority Research Act of 2007 H.R. 741. If you have states except Montana have reported cases of opinion. Many doctors, including my Lyme disease. It even has been reported that any questions on this matter, please do not Montana residents have gone outside of the hesitate to contact us. neighbors who are physicians in my State and tested positive for Lyme). It is far Sincerely, hometown, very much agree with the more common than all other insect-borne CHRISTOPHER H. SMITH, Infectious Diseases Society and don’t diseases. Now other diseases are being car- Member of Congress. think that this should be treated with ried by the same ticks: babesiosis, TIM HOLDEN, these antibiotics for a long period of naplasmosis, encephalitis, perhaps Member of Congress. time because they’re concerned about bartonelliosis. The SPEAKER pro tempore. All time the impact on people and whether they While the emergence of Lyme disease in from the gentleman from Oklahoma would be seriously injured or even die the Northeastern and mid-Atlantic states has expired. from the antibiotics. has been linked to reforestation, climate The gentleman from New Jersey has There is a lot of controversy that in- change also is an infuencing factor. Accord- 16 minutes remaining. volves this issue. It is very involved ing to a November 2005 report by the Center Mr. PALLONE. Mr. Speaker, I yield for Health and the Global Environment at and it is very controversial. It the Harvard Medical School, ‘‘Climate myself such time as I might consume. shouldn’t be considered today on a con- Change Futures: Health Ecological and Eco- First of all, I want to say to the gen- sent calendar. And that was the only nomic Dimensions,’’ Lyme disease is spread- tleman from New Jersey, he has made point I was trying to make for my col- ing in North America and Europe as winters a lot of statements about my views on league from Virginia, that we need to warm, . . ..’’ In areas where Lyme disease is this subject which are simply not true, have hearings. And we will have hear- already present, warming temperatures may and I do not appreciate them. ings on the issue in general, and we can increase the density of ticks by increasing Mr. SMITH of New Jersey. Will the include this bill as part of that in the off-host survival. gentleman yield? next session. But to bring this up today Over the past decade and with the increase Mr. PALLONE. Mr. Speaker, I have in Lyme cases, problems with diagnosis and on the consent calendar when they treatment of Lyme disease have become no intention of yielding to the gen- know very well that there is not agree- much more visible—affecting larger numbers tleman because of the disrespect that ment on this and we couldn’t possibly of people over longer periods of time. We he has shown. get a UC or have this on the suspension have become increasing concerned with re- Now, secondly, let me also say this: I calendar, it’s really very upsetting, and ports of patients who go long periods of time do appreciate the fact that the gen- particularly coming from my colleague before getting a definitive diagnosis due to tleman from Virginia (Mr. WOLF) has, from New Jersey, who has never talked the lack of a gold standard diagnostic test on several occasions, come up to me in and who received delayed or inappropriate to me about this at all. the last few months and talked to me Mr. DINGELL. Mr. Speaker, I support S. treatment because of the lack of treating about this legislation. And we’ve had physicians nationwide and lack of physician 3560, the ‘‘QI Supplemental Funding Act of education. Many patients lose their jobs and very reasoned conversations about the 2008’’. The Qualified Individuals Program (QI) must apply for disability. legislation. But I will also point out is a program within Medicaid that helps low-in- In consideration of these conditions the that the gentleman from New Jersey come seniors and individuals with disabilities Federal investment in Lyme is surprisingly has not. The gentleman from New Jer- pay their Medicare Part B premium. The Medi- small—$5.4 million at CDC and $24 million at sey has not spoken to me at all about care Improvements for Patients and Providers NIH in FY 2006, actual reductions at both this legislation, and certainly not, in Act of 2008 extended the funding for the QI agencies since 2004. While funding levels are my recollection, in the last year. So if program through December 2009. a means to an end, the ultimate goal is to he felt it was so important, the way put an end to patients having their illnesses Projections, however, regarding the amount and disabilities greatly exacerbated by the the gentleman from Virginia did, and of funding necessary to ensure continuation of lack of accurate diagnostics and effective has, he certainly had many opportuni- this program through next year were incorrect. treatments. H.R. 741 addresses this goal by ties to come up to me and talk to me Without Congressional action to add an addi- directing HHS to work toward development about it. He has not. And I see the gen- tional $45 million to the QI program, seniors

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00043 Fmt 0688 Sfmt 9920 E:\BR08\H27SE8.001 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22725 and individuals with disabilities who have an The text of the Senate amendment is (2) by inserting after subsection (b) the fol- income as low as $12,500 will be in jeopardy as follows: lowing: of losing this needed assistance. Senate amendment: ‘‘(c) REQUIREMENTS.—In carrying out this sec- tion, the Secretary may— The cost of this provision is fully offset with Strike all after the enacting clause and in- sert the following: ‘‘(1) partner with leaders in the muscular dys- a provision that requires States to improve trophy patient community; SECTION 1. SHORT TITLE. their Medicaid eligibility determinations by ‘‘(2) cooperate with professional organizations This Act may be cited as the ‘‘Paul D. using the Public Assistance Reporting Infor- and the patient community in the development Wellstone Muscular Dystrophy Community As- and issuance of care considerations for mation System (PARIS) interstate match. sistance, Research, and Education Amendments Duchenne-Becker muscular dystrophy, and PARIS helps States share information regard- of 2008’’. ing public assistance programs, such as Tem- other forms of muscular dystrophy, and in peri- SEC. 2. EXPANSION, INTENSIFICATION, AND CO- odic review and updates, as appropriate; and porary Assistance for Needy Families (TANF), ORDINATION OF ACTIVITIES OF NIH WITH RESPECT TO RESEARCH ON ‘‘(3) widely disseminate the Duchenne-Becker Food Stamps, and Medicaid, to identify indi- muscular dystrophy and other forms of mus- viduals or families who may be receiving ben- MUSCULAR DYSTROPHY. (a) TECHNICAL CORRECTION.—Section 404E of cular dystrophy care considerations as broadly efit payments in more than one State. the Public Health Service Act (42 U.S.C. 283g) is as possible, including through partnership op- Similarly, S. 3560 includes a clarification to amended by striking subsection (f) (relating to portunities with the muscular dystrophy patient ensure that the Medicaid Integrity Program reports to Congress) and redesignating sub- community.’’. created in the Deficit Reduction Act of 2005, section (g) as subsection (f). The motion was agreed to. to operate as intended. The Medicaid Integrity (b) AMENDMENTS.—Section 404E of the Public A motion to reconsider was laid on Program performs audits and educates pro- Health Service Act (42 U.S.C. 283g) is amended— the table. viders, Federal and State employees, and oth- (1) in subsection (a)(1), by inserting ‘‘the Na- tional Heart, Lung, and Blood Institute,’’ after f ers on payment integrity and quality of care ‘‘the Eunice Kennedy Shriver National Institute initiatives. The provision would allow for Fed- of Child Health and Human Development,’’; GENERAL LEAVE eral reimbursement of state employees for (2) in subsection (b)(1), by adding at the end Mr. PALLONE. Mr. Speaker, I ask these program integrity initiatives. of the following: ‘‘Such centers of excellence shall be known as the ‘Paul D. Wellstone Mus- unanimous consent that all Members Finally, this package includes a provision may have 5 legislative days to revise which states that any antibiotic that was the cular Dystrophy Cooperative Research Cen- ters’.’’; and and extend their remarks and include subject of an application submitted to the (3) by adding at the end the following: extraneous material on the bill just Food and Drug Administration, but was not ‘‘(g) CLINICAL RESEARCH.—The Coordinating passed. approved, can get the three-year and/or five- Committee may evaluate the potential need to The SPEAKER pro tempore. Is there year ‘‘Hatch/Waxman exclusivity’’ or a patent enhance the clinical research infrastructure re- objection to the request of the gen- term extension. quired to test emerging therapies for the various forms of muscular dystrophy by prioritizing the tleman from New Jersey? I urge all my colleagues in the House to There was no objection. vote in favor of S. 3560. achievement of the goals related to this topic in Mr. PALLONE. Mr. Speaker, I yield the plan under subsection (e)(1).’’. f SEC. 3. DEVELOPMENT AND EXPANSION OF AC- back the balance of my time. TIVITIES OF CDC WITH RESPECT TO AMERICAN PHARMACISTS MONTH The SPEAKER pro tempore. The EPIDEMIOLOGICAL RESEARCH ON question is on the motion offered by MUSCULAR DYSTROPHY. Mr. PALLONE. Mr. Speaker, I ask the gentleman from New Jersey (Mr. Section 317Q of the Public Health Service Act unanimous consent that the Com- PALLONE) that the House suspend the (42 U.S.C. 247b–18) is amended— mittee on Energy and Commerce be (1) by redesignating subsection (d) as sub- discharged from further consideration rules and pass the Senate bill, S. 3560. section (f); and The question was taken; and (two- of the resolution (H. Res. 1437) express- (2) by inserting after subsection (c) the fol- ing support for designation of the thirds being in the affirmative) the lowing: rules were suspended and the Senate ‘‘(d) DATA.—In carrying out this section, the month of October as ‘‘American Phar- bill was passed. Secretary may ensure that any data on patients macists Month’’ and expressing the A motion to reconsider was laid on that is collected as part of the Muscular Dys- sense of the House of Representatives the table. trophy STARnet (under a grant under this sec- that all people in the United States tion) is regularly updated to reflect changes in should join in celebrating our Nation’s f patient condition over time. pharmacists for their contributions to ‘‘(e) REPORTS AND STUDY.— the health and well-being of our citi- b 1345 ‘‘(1) ANNUAL REPORT.—Not later than 18 months after the date of the enactment of the zens, and ask for its immediate consid- PAUL D. WELLSTONE MUSCULAR eration in the House. DYSTROPHY COMMUNITY AS- Paul D. Wellstone Muscular Dystrophy Commu- nity Assistance, Research, and Education The Clerk read the title of the resolu- SISTANCE, RESEARCH, AND EDU- Amendments of 2008, and annually thereafter, tion. CATION AMENDMENTS OF 2008 the Director of the Centers for Disease Control The text of the resolution is as fol- Mr. PALLONE. Mr. Speaker, I ask and Prevention shall submit to the appropriate lows: committees of the Congress a report— unanimous consent to take from the H. RES. 1437 Speaker’s table the bill (H.R. 5265) to ‘‘(A) concerning the activities carried out by MD STARnet site funded under this section Whereas the United States is recognized amend the Public Health Service Act during the year for which the report is pre- globally as a hub of medical research and ad- to provide for research with respect to pared; vances, where many diseases once correctly various forms of muscular dystrophy, ‘‘(B) containing the data collected and find- considered fatal now can be treated through including Becker, congenital, distal, ings derived from the MD STARnet sites each sophisticated medical interventions includ- Duchenne, Emery-Dreifuss fiscal year (as funded under a grant under this ing powerful medications; facioscapulohumeral, limb-girdle, section during fiscal years 2008 through 2012); Whereas we are at an unprecedented period myotonic, and oculopharyngeal, mus- and in our history, a period when medication ‘‘(C) that every 2 years outlines prospective therapy is the treatment of choice for an cular dystrophies, with a Senate data collection objectives and strategies. ever-growing range of medical conditions, amendment thereto, and ask for its im- ‘‘(2) TRACKING HEALTH OUTCOMES.—The Sec- and the use of medication as a cost-effective mediate consideration in the House. retary may provide health outcome data on the alternative to more expensive medical proce- The Clerk read the title of the bill. health and survival of people with muscular dures is becoming a major force in moder- MOTION OFFERED BY MR. PALLONE dystrophy.’’. ating overall health care costs; Mr. PALLONE. Mr. Speaker, I have a SEC. 4. INFORMATION AND EDUCATION. Whereas many chronic health conditions Section 5 of the Muscular Dystrophy Commu- can be managed so that individuals are able motion at the desk. nity Assistance, Research and Education to lead more vital, productive, and satisfying The Clerk read as follows: Amendments of 2001 (42 U.S.C. 247b–19) is lives; Mr. PALLONE of New Jersey moves that the amended— Whereas with the complexity of medica- House concur in the Senate amendment to (1) by redesignating subsection (c) as sub- tion therapy, it is critically important that H.R. 5265. section (d); and all users of prescription and nonprescription

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.001 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22726 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 medications, or their caregivers, be knowl- There was no objection. (12) the United States is a net exporter of edgeable about and share responsibility for elemental mercury and, according to the f their own medication therapy; United States Geological Survey, exported Whereas more individuals are using power- MERCURY EXPORT BAN ACT OF 506 metric tons of elemental mercury more ful prescription medications and over-the- 2008 than the United States imported during the counter (OTC) products along with dietary Mr. ALLEN. Mr. Speaker, I move to period of 2000 through 2004; and supplements, herbals, and other products re- (13) banning exports of elemental mercury quiring patients to have a partner on their suspend the rules and pass the Senate from the United States will have a notable health care team to help navigate the com- bill (S. 906) to prohibit the sale, dis- effect on the market availability of ele- plexities of using medications safely and ef- tribution, transfer, and export of ele- mental mercury and switching to affordable fectively; mental mercury, and for other pur- mercury alternatives in the developing Whereas pharmacists, the medication ex- poses. world. perts on the health care team, are working The Clerk read the title of the Senate SEC. 3. PROHIBITION ON SALE, DISTRIBUTION, collaboratively with patients, caregivers, bill. OR TRANSFER OF ELEMENTAL MER- and other health professionals to improve The text of the Senate bill is as fol- CURY. medication use and advance patient care in a lows: Section 6 of the Toxic Substances Control myriad of settings; S. 906 Act (15 U.S.C. 2605) is amended by adding at Whereas pharmacists are improving health the end the following: care in community pharmacies, hospitals Be it enacted by the Senate and House of Rep- ‘‘(f) MERCURY.— and health systems, nursing homes and hos- resentatives of the United States of America in ‘‘(1) PROHIBITION ON SALE, DISTRIBUTION, OR pice centers, health plans, and in patient’s Congress assembled, TRANSFER OF ELEMENTAL MERCURY BY FED- own homes, as well as in the uniformed serv- SECTION 1. SHORT TITLE. ERAL AGENCIES.—Except as provided in para- ices, the government, and in research and This Act may be cited as the ‘‘Mercury Ex- graph (2), effective beginning on the date of academic settings; port Ban Act of 2008’’. enactment of this subsection, no Federal Whereas while many people in the United SEC. 2. FINDINGS. agency shall convey, sell, or distribute to States are concerned about the costs of their Congress finds that— any other Federal agency, any State or local medications, the most expensive medication (1) mercury is highly toxic to humans, eco- government agency, or any private indi- is the one that does not work as intended or systems, and wildlife; vidual or entity any elemental mercury is taken incorrectly, and billions of health (2) as many as 10 percent of women in the under the control or jurisdiction of the Fed- care dollars are lost each year due to ineffec- United States of childbearing age have mer- eral agency. tive use of medications; cury in the blood at a level that could put a ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not Whereas pharmacy is one of the oldest of baby at risk; apply to— the health professions concerned with the (3) as many as 630,000 children born annu- ‘‘(A) a transfer between Federal agencies of health and well-being of all people, and ally in the United States are at risk of neu- elemental mercury for the sole purpose of fa- today, there are more than 254,000 licensed rological problems related to mercury; cilitating storage of mercury to carry out pharmacists in the United States providing (4) the most significant source of mercury this Act; or services to assure the rational and safe use exposure to people in the United States is in- ‘‘(B) a conveyance, sale, distribution, or of all medications; and gestion of mercury-contaminated fish; transfer of coal. Whereas as medication therapy manage- (5) the Environmental Protection Agency ‘‘(3) LEASES OF FEDERAL COAL.—Nothing in ment improves the health outcomes of mil- reports that, as of 2004— this subsection prohibits the leasing of lions of people in the United States each (A) 44 States have fish advisories covering coal.’’. year, the role of the pharmacist only over 13,000,000 lake acres and over 750,000 strengthens in importance, and by con- river miles; SEC. 4. PROHIBITION ON EXPORT OF ELEMENTAL sulting with physicians and other pre- (B) in 21 States the freshwater advisories MERCURY. scribers, providing proper medications, and are statewide; and Section 12 of the Toxic Substances Control helping patients understand their medica- (C) in 12 States the coastal advisories are Act (15 U.S.C. 2611) is amended— tions, pharmacists improve our health care statewide; (1) in subsection (a) by striking ‘‘sub- system and save lives: Now, therefore, be it (6) the long-term solution to mercury pol- section (b)’’ and inserting ‘‘subsections (b) Resolved, That the House of Representa- lution is to minimize global mercury use and and (c)’’; and tives— releases to eventually achieve reduced con- (2) by adding at the end the following: (1) supports the designation of ‘‘American tamination levels in the environment, rather ‘‘(c) PROHIBITION ON EXPORT OF ELEMENTAL Pharmacists Month’’ with the theme ‘‘Know than reducing fish consumption since MERCURY.— Your Medicine/Know Your Pharmacist’’, en- uncontaminated fish represents a critical ‘‘(1) PROHIBITION.—Effective January 1, couraging people in the United States to and healthy source of nutrition worldwide; 2013, the export of elemental mercury from identify a pharmacist as their own, to intro- (7) mercury pollution is a transboundary the United States is prohibited. duce themselves to that pharmacist, and to pollutant, depositing locally, regionally, and ‘‘(2) INAPPLICABILITY OF SUBSECTION (a).— open a dialogue by asking questions; globally, and affecting water bodies near in- Subsection (a) shall not apply to this sub- (2) urges all citizens to celebrate America’s dustrial sources (including the Great Lakes) section. pharmacists for their contributions to the and remote areas (including the Arctic Cir- ‘‘(3) REPORT TO CONGRESS ON MERCURY COM- health and well-being of our citizens and cle); POUNDS.— hereby support the designation of ‘‘American (8) the free trade of elemental mercury on ‘‘(A) REPORT.—Not later than one year Pharmacists Month’’; and the world market, at relatively low prices after the date of enactment of the Mercury (3) urges all citizens to acknowledge the and in ready supply, encourages the contin- Export Ban Act of 2008, the Administrator valuable contributions made by pharmacists ued use of elemental mercury outside of the shall publish and submit to Congress a re- in providing safe, affordable, and beneficial United States, often involving highly disper- port on mercuric chloride, mercurous chlo- medication therapy management services sive activities such as artisinal gold mining; ride or calomel, mercuric oxide, and other and products to the people of this Nation. (9) the intentional use of mercury is declin- mercury compounds, if any, that may cur- The resolution was agreed to. ing in the United States as a consequence of rently be used in significant quantities in A motion to reconsider was laid on process changes to manufactured products products or processes. Such report shall in- (including batteries, paints, switches, and clude an analysis of— the table. measuring devices), but those uses remain ‘‘(i) the sources and amounts of each of the f substantial in the developing world where re- mercury compounds imported into the GENERAL LEAVE leases from the products are extremely like- United States or manufactured in the United ly due to the limited pollution control and States annually; Mr. PALLONE. Mr. Speaker, I ask waste management infrastructures in those ‘‘(ii) the purposes for which each of these unanimous consent that all Members countries; compounds are used domestically, the may have 5 legislative days to revise (10) the member countries of the European amount of these compounds currently con- and extend their remarks and include Union collectively are the largest source of sumed annually for each purpose, and the es- extraneous material on the bill just elemental mercury exports globally; timated amounts to be consumed for each (11) the European Commission has pro- purpose in 2010 and beyond; passed. posed to the European Parliament and to the ‘‘(iii) the sources and amounts of each mer- The SPEAKER pro tempore. Is there Council of the European Union a regulation cury compound exported from the United objection to the request of the gen- to ban exports of elemental mercury from States annually in each of the last three tleman from New Jersey? the European Union by 2011; years;

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‘‘(iv) the potential for these compounds to ‘‘(6) EXPORT OF COAL.—Nothing in this sub- of elemental mercury at a designated facil- be processed into elemental mercury after section shall be construed to prohibit the ex- ity or facilities, including requirements to export from the United States; and port of coal.’’. ensure appropriate use of flasks or other ‘‘(v) other relevant information that Con- SEC. 5. LONG-TERM STORAGE. suitable shipping containers. Such proce- gress should consider in determining wheth- (a) DESIGNATION OF FACILITY.— dures and standards shall be protective of er to extend the export prohibition to in- (1) IN GENERAL.—Not later than January 1, human health and the environment and shall clude one or more of these mercury com- 2010, the Secretary of Energy (referred to in ensure that the elemental mercury is stored pounds. this section as the ‘‘Secretary’’) shall des- in a safe, secure, and effective manner. In ad- ‘‘(B) PROCEDURE.—For the purpose of pre- ignate a facility or facilities of the Depart- dition to such procedures and standards, ele- paring the report under this paragraph, the ment of Energy, which shall not include the mental mercury managed and stored under Administrator may utilize the information Y–12 National Security Complex or any other this section at a designated facility shall be gathering authorities of this title, including portion or facility of the Oak Ridge Reserva- subject to the requirements of the Solid sections 10 and 11. tion of the Department of Energy, for the Waste Disposal Act, including the require- ‘‘(4) ESSENTIAL USE EXEMPTION.—(A) Any purpose of long-term management and stor- ments of subtitle C of that Act, except as person residing in the United States may pe- age of elemental mercury generated within provided in subsection (g)(2) of this section. tition the Administrator for an exemption the United States. A designated facility in existence on or be- from the prohibition in paragraph (1), and (2) OPERATION OF FACILITY.—Not later than fore January 1, 2013, is authorized to operate the Administrator may grant by rule, after January 1, 2013, the facility designated in under interim status pursuant to section notice and opportunity for comment, an ex- paragraph (1) shall be operational and shall 3005(e) of the Solid Waste Disposal Act until emption for a specified use at an identified accept custody, for the purpose of long-term a final decision on a permit application is foreign facility if the Administrator finds management and storage, of elemental mer- made pursuant to section 3005(c) of the Solid that— cury generated within the United States and Waste Disposal Act. Not later than January ‘‘(i) nonmercury alternatives for the speci- delivered to such facility. 1, 2015, the Administrator of the Environ- mental Protection Agency (or an authorized fied use are not available in the country (b) FEES.— State) shall issue a final decision on the per- where the facility is located; (1) IN GENERAL.—After consultation with ‘‘(ii) there is no other source of elemental persons who are likely to deliver elemental mit application. mercury available from domestic supplies mercury to a designated facility for long- (2) TRAINING.—The Secretary shall conduct operational training and emergency training (not including new mercury mines) in the term management and storage under the for all staff that have responsibilities related country where the elemental mercury will be program prescribed in subsection (a), and to elemental mercury management, transfer, used; with other interested persons, the Secretary storage, monitoring, or response. ‘‘(iii) the country where the elemental shall assess and collect a fee at the time of (3) EQUIPMENT.—The Secretary shall ensure mercury will be used certifies its support for delivery for providing such management and that each designated facility has all equip- the exemption; storage, based on the pro rata cost of long- ment necessary for routine operations, emer- ‘‘(iv) the export will be conducted in such term management and storage of elemental gencies, monitoring, checking inventory, a manner as to ensure the elemental mer- mercury delivered to the facility. The loading, and storing elemental mercury at cury will be used at the identified facility as amount of such fees— the facility. described in the petition, and not otherwise (A) shall be made publically available not (4) FIRE DETECTION AND SUPPRESSION SYS- diverted for other uses for any reason; later than October 1, 2012; TEMS.—The Secretary shall— ‘‘(v) the elemental mercury will be used in (B) may be adjusted annually; and (A) ensure the installation of fire detection a manner that will protect human health (C) shall be set in an amount sufficient to systems at each designated facility, includ- and the environment, taking into account cover the costs described in paragraph (2). ing smoke detectors and heat detectors; and local, regional, and global human health and (2) COSTS.—The costs referred to in para- (B) ensure the installation of a permanent environmental impacts; graph (1)(C) are the costs to the Department fire suppression system, unless the Secretary ‘‘(vi) the elemental mercury will be han- of Energy of providing such management and determines that a permanent fire suppres- dled and managed in a manner that will pro- storage, including facility operation and sion system is not necessary to protect tect human health and the environment, maintenance, security, monitoring, report- human health and the environment. taking into account local, regional, and ing, personnel, administration, inspections, (e) INDEMNIFICATION OF PERSONS DELIV- global human health and environmental im- training, fire suppression, closure, and other ERING ELEMENTAL MERCURY.— pacts; and costs required for compliance with applica- (1) IN GENERAL.—(A) Except as provided in ‘‘(vii) the export of elemental mercury for ble law. Such costs shall not include costs subparagraph (B) and subject to paragraph the specified use is consistent with inter- associated with land acquisition or permit- (2), the Secretary shall hold harmless, de- national obligations of the United States in- ting of a designated facility under the Solid fend, and indemnify in full any person who tended to reduce global mercury supply, use, Waste Disposal Act or other applicable law. delivers elemental mercury to a designated and pollution. Building design and building construction facility under the program established under ‘‘(B) Each exemption issued by the Admin- costs shall only be included to the extent subsection (a) from and against any suit, istrator pursuant to this paragraph shall that the Secretary finds that the manage- claim, demand or action, liability, judgment, contain such terms and conditions as are ment and storage of elemental mercury ac- cost, or other fee arising out of any claim for necessary to minimize the export of ele- cepted under the program under this section personal injury or property damage (includ- mental mercury and ensure that the condi- cannot be accomplished without construc- ing death, illness, or loss of or damage to tions for granting the exemption will be tion of a new building or buildings. property or economic loss) that results from, fully met, and shall contain such other (c) REPORT.—Not later than 60 days after or is in any manner predicated upon, the re- terms and conditions as the Administrator the end of each Federal fiscal year, the Sec- lease or threatened release of elemental mer- may prescribe. No exemption granted pursu- retary shall transmit to the Committee on cury as a result of acts or omissions occur- ant to this paragraph shall exceed three Energy and Commerce of the House of Rep- ring after such mercury is delivered to a des- years in duration and no such exemption resentatives and the Committee on Environ- ignated facility described in subsection (a). shall exceed 10 metric tons of elemental mer- ment and Public Works of the Senate a re- (B) To the extent that a person described cury. port on all of the costs incurred in the pre- in subparagraph (A) contributed to any such ‘‘(C) The Administrator may by order sus- vious fiscal year associated with the long- release or threatened release, subparagraph pend or cancel an exemption under this para- term management and storage of elemental (A) shall not apply. graph in the case of a violation described in mercury. Such report shall set forth sepa- (2) CONDITIONS.—No indemnification may subparagraph (D). rately the costs associated with activities be afforded under this subsection unless the ‘‘(D) A violation of this subsection or the taken under this section. person seeking indemnification— terms and conditions of an exemption, or the (d) MANAGEMENT STANDARDS FOR A FACIL- (A) notifies the Secretary in writing within submission of false information in connec- ITY.— 30 days after receiving written notice of the tion therewith, shall be considered a prohib- (1) GUIDANCE.—Not later than October 1, claim for which indemnification is sought; ited act under section 15, and shall be subject 2009, the Secretary, after consultation with (B) furnishes to the Secretary copies of to penalties under section 16, injunctive re- the Administrator of the Environmental pertinent papers the person receives; lief under section 17, and citizen suits under Protection Agency and all appropriate State (C) furnishes evidence or proof of any section 20. agencies in affected States, shall make avail- claim, loss, or damage covered by this sub- ‘‘(5) CONSISTENCY WITH TRADE OBLIGA- able, including to potential users of the long- section; and TIONS.—Nothing in this subsection affects, term management and storage program es- (D) provides, upon request by the Sec- replaces, or amends prior law relating to the tablished under subsection (a), guidance that retary, access to the records and personnel of need for consistency with international establishes procedures and standards for the the person for purposes of defending or set- trade obligations. receipt, management, and long-term storage tling the claim or action.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.001 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22728 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 (3) AUTHORITY OF SECRETARY.—(A) In any than January 1, 2017, the Administrator of namely, the export of elemental mer- case in which the Secretary determines that the Environmental Protection Agency shall cury from the United States to devel- the Department of Energy may be required transmit to the Committee on Energy and oping countries. This mercury is used to make indemnification payments to a per- Commerce of the House of Representatives largely for our artisanal mining. Expo- son under this subsection for any suit, claim, and the Committee on Environment and demand or action, liability, judgment, cost, Public Works of the Senate a report on the sure occurs when miners handle the or other fee arising out of any claim for per- global supply and trade of elemental mer- mercury. It enters the water when min- sonal injury or property damage referred to cury, including but not limited to the ers pan for gold and gets into the air in paragraph (1)(A), the Secretary may settle amount of elemental mercury traded glob- through the smelting process which or defend, on behalf of that person, the claim ally that originates from primary mining, emits mercury vapor. for personal injury or property damage. where such primary mining is conducted, According to the United Nations En- (B) In any case described in subparagraph and whether additional primary mining has vironmental Programme, approxi- occurred as a consequence of this Act. (A), if the person to whom the Department of mately 15 million people worldwide, in- Energy may be required to make indem- The SPEAKER pro tempore. Pursu- nification payments does not allow the Sec- cluding 4.5 million women and 1 mil- ant to the rule, the gentleman from lion children, engage in artisanal min- retary to settle or defend the claim, the per- Maine (Mr. ALLEN) and the gentleman son may not be afforded indemnification ing with mercury, exposing them to from Oklahoma (Mr. SULLIVAN) will with respect to that claim under this sub- the poisons that mercury produces. each control 20 minutes. section. Some of this mercury is exported from The Chair recognizes the gentleman (f) TERMS, CONDITIONS, AND PROCEDURES.— the United States. That should be un- from Maine. The Secretary is authorized to establish such acceptable to us. terms, conditions, and procedures as are nec- GENERAL LEAVE The export of mercury for artisanal essary to carry out this section. Mr. ALLEN. Mr. Speaker, I ask unan- mining harms Americans who are ex- (g) EFFECT ON OTHER LAW.— imous consent that all Members may posed through the global air transport (1) IN GENERAL.—Except as provided in have 5 legislative days to revise and ex- of mercury pollution or through the paragraph (2), nothing in this section tend their remarks and include extra- changes or affects any Federal, State, or consumption of mercury-contaminated neous material on the bill under con- local law or the obligation of any person to fish. comply with such law. sideration. The Environmental Protection Agen- The SPEAKER pro tempore. Is there (2) EXCEPTION.—(A) Elemental mercury cy reports that as of 2004, 44 States, in- objection to the request of the gen- that the Secretary is storing on a long-term cluding my State of Maine, have fish basis shall not be subject to the storage pro- tleman from Maine? advisories that cover 13 million acres hibition of section 3004(j) of the Solid Waste There was no objection. Disposal Act (42 U.S.C. 6924(j)). For the pur- Mr. ALLEN. Mr. Speaker, I yield my- of water and over 75,000 miles of rivers poses of section 3004(j) of the Solid Waste self such time as I may consume. and streams. Disposal Act, a generator accumulating ele- Mr. Speaker, I rise in support of S. Scientists have estimated that up to mental mercury destined for a facility des- 906, the Senate companion to my legis- one-third of U.S. mercury air pollution ignated by the Secretary under subsection lation, the Mercury Export Ban of 2008. has traveled to the U.S. from Asia (a) for 90 days or less shall be deemed to be This bill includes several changes where mercury pollution is extensive, accumulating the mercury to facilitate prop- that represent a compromise with the including pollution from mercury ex- er treatment, recovery, or disposal. ported for artisanal mining. (B) Elemental mercury may be stored at a Senate, but at its heart is my legisla- facility with respect to which any permit has tion that passed with strong bipartisan Much of the fish we eat, including been issued under section 3005(c) of the Solid support in the Energy and Commerce tuna, is imported from off the coasts of Waste Disposal Act (42 U.S.C. 6925(c)), and Committee and by voice vote on the Asian and South American countries shall not be subject to the storage prohibi- floor of the House last November. where the use of mercury in artisanal tion of section 3004(j) of the Solid Waste Dis- I want to thank Chairman DINGELL, mining is widespread. posal Act (42 U.S.C. 6924(j)) if— former Chairman Wynn, Ranking Mem- The Departments of Defense and En- (i) the Secretary is unable to accept the ber BARTON and Mr. SHIMKUS for the ergy are the two largest holders of mercury at a facility designated by the Sec- mercury in the United States. The En- retary under subsection (a) for reasons be- work they have done on this legisla- yond the control of the owner or operator of tion. I also want to express my grati- vironmental Protection Agency has the permitted facility; tude to Senators OBAMA and MUR- urged DOE and DOD not to sell its mer- (ii) the owner or operator of the permitted KOWSKI for introducing this legislation cury stockpiles due to the serious facility certifies in writing to the Secretary on the Senate side and to Senator human health and environmental risks that it will ship the mercury to the des- BOXER for her efforts. I would also like associated with mercury. DOD and ignated facility when the Secretary is able to thank Jim Bradley of my staff for DOE have agreed. However, that ban is to accept the mercury; and all his hard work on this bill. Upon its not in law, which is why my bill pro- (iii) the owner or operator of the permitted hibits the Federal Government from facility certifies in writing to the Secretary passage today, this bill will be sent to that it will not sell, or otherwise place into the President to be signed into law. exporting mercury. In addition, private commerce, the mercury. It is a well-established fact that mer- companies may still export this poi- This subparagraph shall not apply to mer- cury is a powerful neurotoxin, harmful sonous and hazardous material, which cury with respect to which the owner or op- at even low levels of exposure. Mercury is why this legislation is vital. erator of the permitted facility fails to com- is harmful whether it is inhaled, in- The Mercury Export Ban Act before ply with a certification provided under gested or absorbed through the skin. us today is the result of a months-long clause (ii) or (iii). Once exposed to water, elemental mer- stakeholder process on House side that (h) STUDY.—Not later than July 1, 2014, the worked to develop a consensus product. Secretary shall transmit to the Congress the cury is transformed to methylmercury, results of a study, conducted in consultation which is highly toxic and which has a Stakeholders included the Natural Re- with the Administrator of the Environ- tendency to bio-accumulate in both sources Defense Council, the Environ- mental Protection Agency, that— fish and humans who eat the fish. mental Council of the States, the (1) determines the impact of the long-term Very young children with developing American Chemistry Council, the Chlo- storage program under this section on mer- nervous systems are particularly at rine Institute and the National Mining cury recycling; and risk. In addition, pregnant mothers Association. There are not many pieces (2) includes proposals, if necessary, to who are exposed to mercury pollution of legislation that move through this mitigate any negative impact identified can transmit mercury to their unborn Congress supported by such a diverse under paragraph (1). children, increasing the chances of group. SEC. 6. REPORT TO CONGRESS. The bill prohibits the export of ele- At least 3 years after the effective date of miscarriage and birth defects. Mercury the prohibition on export of elemental mer- can also be found in high concentra- mental mercury from the United cury under section 12(c) of the Toxic Sub- tions in women’s breast milk. States and requires DOE to designate a stances Control Act (15 U.S.C. 2611(c)), as My bill seeks to combat a large long-term storage facility to accept added by section 4 of this Act, but not later source of mercury pollution worldwide, mercury from private sector sources,

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.001 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22729 particularly the chlor-alkali industry This bill also assures that domestic symptoms of Lyme disease include ar- and the mining industry, when the ex- stocks of elemental mercury, which are thritis, neurological problems such as port ban in the bill takes effect on Jan- a valuable commodity, have someplace facial paralysis, memory problems, ex- uary 1, 2013. The bill does not require to go. Under the consensus language we treme weaknesses of the extremities, that all excess mercury be transferred are considering, a safe domestic stor- seizures, heart block and inflammation to DOE, rather it gives the private sec- age option will open when the ban com- and even blindness. tor the option of placing mercury into mences. Further, the legislation does So we sent that back in May 18, 2007. storage at DOE. If there is a more prac- not preclude private storage solutions. And I say that with respect to my col- tical or more cost-effective private sec- I am glad that this bill allows enter- league. tor solution, the affected industries are prising folks to facilitate good environ- Let me also point out, and I just will more than welcome to pursue that op- mental policy. read a very small portion of the state- tion. In addition, I am pleased this bill rec- ment of Attorney General Richard DOE will be allowed to charge a fee ognizes that we should not punish peo- Blumenthal, the attorney general of to recoup the government’s cost of ple who do the right thing. Private en- Connecticut. And this is his statement. storing this waste. In addition, all ap- tities who want to take advantage of ‘‘Attorney General Richard plicable and appropriate environmental the government-sponsored storage op- Blumenthal today announced,’’ and laws apply with respect to this facility. tion must pay their fair share, but they this is May 1, 2008, ‘‘that his antitrust The legislation will allow the chlor- will be indemnified against any envi- investigation has uncovered serious alkali industry to place into safe stor- ronmental damage after the govern- flaws in the Infectious Disease Society age the roughly 1,500 tons of mercury ment takes possession of their mer- of America’s process for writing its 2006 stockpiled at aging plants. It will also cury. This is commonsense policy and a Lyme disease guidelines and the IDSA allow the mining industry to store the key feature of ensuring that the proper has agreed to reassess them with the approximately 50 to 100 tons of mer- handling and the safe, long-term stor- assistance of an outside arbiter.’’ cury it generates annually as a byprod- age of elemental mercury occurs. ‘‘The IDSA guidelines have sweep- uct of our air filtration systems. Mr. Speaker, I am pleased with the ing,’’ this is Blumenthal speaking, The process used to develop this leg- compromise, bipartisan legislation. It ‘‘have sweeping and significant impacts islation can be a modeled. On a bipar- represents the serious give and take by on Lyme disease medical care. They tisan basis, we sat down together. We both parties. I hope that efforts like are commonly applied by insurance worked out our differences and brought this will continue to be more the norm companies in restricting coverage for interested and affected parties to the than the exception throughout this long-term antibiotic treatment or table to hammer out a compromise. I also want to thank a number of Congress and future ones as well. other medical care and also strongly I urge my colleagues to support S. staff on the Energy and Commerce influence treatment decisions by physi- 906. Committee, including Dick Frandsen, cians. And I would like to yield such time Caroline Ahearn from the majority b 1400 as he may consume to the gentleman staff, along with Ann Strickland, who from New Jersey to address another ‘‘Insurance companies have denied has now left, as well as Dave McCarthy concern. coverage for long-term antibiotic and Jerry Couri from the minority Mr. SMITH of New Jersey. I rise in treatment, relying on those guidelines staff and Mo Zilly, formerly of Mr. strong support of S. 906, the Mercury as justification. The guidelines are also SHIMKUS’ staff, for their hard work as Market Minimization Act of 2007. widely cited for conclusions that well. chronic Lyme disease is nonexistent.’’ Mr. Speaker, this is good legislation, Mr. Speaker, again, I didn’t get a Blumenthal goes on to say: ‘‘This and I urge all Members to support its chance when Mr. PALLONE was here to agreement vindicates my investigation passage. correct the Record. I—we—did contact With that, Mr. Speaker, I reserve the Congressman FRANK PALLONE and NA- finding undisclosed financial interests balance of my time. THAN DEAL by way of letter on May 18, and forcing a reassessment of IDSA’s Mr. SULLIVAN. Mr. Speaker, thank 2007, and wrote at the time as cochairs guidelines.’’ you for yielding me the time in sup- of the Congressional Lyme and Disease Blumenthal said: ‘‘My office uncov- porting this legislation to reduce mer- Caucus, ‘‘we are writing to respectfully ered undisclosed financial interests cury exports from the United States. request that you mark up and report held by several,’’ several, ‘‘of the most I am pleased that this bill has come H.R. 741. powerful IDSA panelists. The IDSA’s back to us from the Senate and want to ‘‘H.R. 741, the ‘Lyme and Tick-borne guideline panel improperly ignored or congratulate all the people who have Disease Prevention, Education and Re- minimized consideration of alternative worked so hard to make this legisla- search Act of 2007’ would work toward medical opinion and evidence regarding tion a reality. This bill is proof that goals for the prevention, accurate diag- chronic Lyme disease, potentially rais- people of all political stripes can come nosis, and effective treatment of Lyme ing serious questions about whether together for the common good. It is a disease.’’ the recommendations reflected all rel- shining example of how our process in Then we went on to explain the bill. evant science. The IDSA’s Lyme dis- Congress can work and work well if We pointed out that at the time we had ease guideline process lacked impor- given the chance. 77 cosponsors. That is now 112 and it is tant procedural safeguards requiring Elemental mercury presents a seri- totally bipartisan and includes major- complete reevaluation of its 06 Lyme ous American health concern even ity leader STENY HOYER. We also point- disease guideline, in effect a com- when it is mishandled in distant coun- ed out that Lyme is the most prevalent prehensive reassessment through a new tries. Specifically, this form of mer- vector-borne disease in the United panel.’’ cury converts into neurotoxic States today. More than 220,000 Ameri- Blumenthal, and I will put this in the methylmercury that comes back to the cans develop Lyme each year. Accord- RECORD, talks about the conflicts of in- United States in the form of tainted ing to the CDC, only 10 percent of the terest with the insurance companies. fish and polluted air. cases that meet its surveillance cri- Again, I would think this Congress This legislation attempts to break teria are reported. Cases that fall out- would want to get to the science, find the global transport cycle of mercury side of the surveillance criteria are not out does chronic Lyme exists, and by banning the export of elemental even considered anywhere statistically. whether or not this is indeed a coverup. mercury in 2010. It does not cover coal If not diagnosed and treated early, The SPEAKER pro tempore. Without exports and is not intended to cover fly Lyme disease can lead to chronic ill- objection, the gentleman from Texas ash exports from coal combustion or ness and can affect every system in the (Mr. HALL) will now control the re- elemental mercury in manufactured body, including the central nervous mainder of the time for the gentleman consumer products. system and cardiac system. Later from Oklahoma.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.001 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22730 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 There was no objection. Sec. 203. Decadal survey missions. Sec. 702. External review of explorer schools Mr. HALL of Texas. Mr. Speaker, I Sec. 204. Transitioning experimental research program. have no further requests for time, and into operational services. Sec. 703. Sense of Congress on EarthKAM and I yield back the balance of my time. Sec. 205. Landsat thermal infrared data con- robotics competitions. tinuity. Sec. 704. Enhancement of educational role of Mr. ALLEN. Mr. Speaker, I would like to add Sec. 206. Reauthorization of Glory Mission. NASA. to my other remarks about S. 906, the ‘‘Mer- Sec. 207. Plan for disposition of Deep Space Cli- TITLE VIII—NEAR-EARTH OBJECTS cury Export Ban Act of 2008.’’ The prohibitions mate Observatory. pertaining to conveyances, sales, or distribu- Sec. 208. Tornadoes and other severe storms. Sec. 801. Reaffirmation of policy. Sec. 802. Findings. tion by Federal agencies contained in Section TITLE III—AERONAUTICS Sec. 803. Requests for information. 3 and the prohibition on exports in Section 4 Sec. 301. Sense of Congress. Sec. 804. Establishment of policy with respect to of S. 906 apply to ‘‘elemental mercury.’’ As the Sec. 302. Environmentally friendly aircraft re- threats posed by near-earth ob- principal sponsor of this legislation in the search and development initiative. jects. House of Representatives I wish to reaffirm Sec. 303. Research alignment. Sec. 805. Planetary radar capability. the legislative history and my clear intent that Sec. 304. Research program to determine per- Sec. 806. Arecibo observatory. ceived impact of sonic booms. the term ‘‘elemental mercury’’ as used in the Sec. 807. International resources. Sec. 305. External review of NASA’s aviation TITLE IX—COMMERCIAL INITIATIVES bill does not apply to articles, manufactured safety-related research programs. consumer products, or other products that Sec. 306. Aviation weather research plan. Sec. 901. Sense of Congress. contain elemental mercury. Sec. 307. Funding for research and development Sec. 902. Commercial crew initiative. Mr. Speaker, I have no further re- activities in support of other mis- TITLE X—REVITALIZATION OF NASA quests for time, and I yield back the sion directorates. INSTITUTIONAL CAPABILITIES balance of my time. Sec. 308. Enhancement of grant program on es- Sec. 1001. Review of information security con- The SPEAKER pro tempore. The tablishment of university-based trols. question is on the motion offered by centers for research on aviation Sec. 1002. Maintenance and upgrade of Center training. facilities. the gentleman from Maine (Mr. ALLEN) Sec. 1003. Assessment of NASA laboratory capa- that the House suspend the rules and TITLE IV—EXPLORATION INITIATIVE Sec. 401. Sense of Congress. bilities. pass the Senate bill, S. 906. Sec. 1004. Study and report on project assign- The question was taken. Sec. 402. Reaffirmation of exploration policy. Sec. 403. Stepping stone approach to explo- ment and work allocation of field The SPEAKER pro tempore. In the ration. centers. opinion of the Chair, two-thirds being Sec. 404. Lunar outpost. TITLE XI—OTHER PROVISIONS in the affirmative, the ayes have it. Sec. 405. Exploration technology development. Sec. 1101. Space weather. Mr. HALL of Texas. Mr. Speaker, I Sec. 406. Exploration risk mitigation plan. Sec. 1102. Initiation of discussions on develop- object to the vote on the ground that a Sec. 407. Exploration crew rescue. ment of framework for space traf- quorum is not present and make the Sec. 408. Participatory exploration. fic management. point of order that a quorum is not Sec. 409. Science and exploration. Sec. 1103. Astronaut health care. present. Sec. 410. Congressional Budget Office report Sec. 1104. National Academies decadal surveys. update. The SPEAKER pro tempore. Pursu- Sec. 1105. Innovation prizes. Sec. 1106. Commercial space launch range ant to clause 8 of rule XX and the TITLE V—SPACE SCIENCE Sec. 501. Technology development. study. Chair’s prior announcement, further Sec. 1107. NASA outreach program. proceedings on this motion will be Sec. 502. Provision for future servicing of ob- servatory-class scientific space- Sec. 1108. Reduction-in-force moratorium. postponed. craft. Sec. 1109. Protection of scientific credibility, in- The point of no quorum is considered Sec. 503. Mars exploration. tegrity, and communication with- withdrawn. Sec. 504. Importance of a balanced science pro- in NASA. Sec. 1110. Sense of Congress regarding the need f gram. Sec. 505. Suborbital research activities. for a robust workforce. NATIONAL AERONAUTICS AND Sec. 506. Restoration of radioisotope thermo- Sec. 1111. Methane inventory. SPACE ADMINISTRATION AU- electric generator material pro- Sec. 1112. Exception to alternative fuel procure- THORIZATION ACT OF 2008 duction. ment requirement. Sec. 1113. Sense of Congress on the importance Mr. GORDON of Tennessee. Mr. Sec. 507. Assessment of impediments to inter- agency cooperation on space and of the NASA Office of Program Speaker, I move to suspend the rules Earth science missions. Analysis and Evaluation. and concur in the Senate amendment Sec. 508. Assessment of cost growth. Sec. 1114. Sense of Congress on elevating the to the bill (H.R. 6063) to authorize the Sec. 509. Outer planets exploration. importance of space and aero- nautics within the Executive Of- programs of the National Aeronautics TITLE VI—SPACE OPERATIONS fice of the President. and Space Administration, and for Subtitle A—International Space Station other purposes. Sec. 1115. Study on leasing practices of field Sec. 601. Plan to support operation and utiliza- centers. The Clerk read the title of the bill. tion of the ISS beyond fiscal year Sec. 1116. Cooperative unmanned aerial vehicle The text of the Senate amendment is 2015. activities. as follows: Sec. 602. International Space Station National Sec. 1117. Development of enhanced-use lease Senate amendment: Laboratory Advisory Committee. policy. Strike out all after the enacting clause and Sec. 603. Contingency plan for cargo resupply. Sec. 1118. Sense of Congress with respect to the insert: Sec. 604. Sense of Congress on use of Space Life Michoud Assembly Facility and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sciences Laboratory at Kennedy NASA’s other centers and facili- (a) SHORT TITLE.—This Act may be cited as Space Center. ties. the ‘‘National Aeronautics and Space Adminis- Subtitle B—Space Shuttle Sec. 1119. Report on U.S. industrial base for tration Authorization Act of 2008’’. Sec. 611. Space Shuttle flight requirements. launch vehicle engines. (b) TABLE OF CONTENTS.—The table of con- Sec. 612. United States commercial cargo capa- Sec. 1120. Sense of Congress on precursor Inter- tents for this Act is as follows: bility status. national Space Station research. Sec. 1. Short title; table of contents. Sec. 613. Space Shuttle transition. Sec. 1121. Limitation on funding for con- Sec. 2. Findings. Sec. 614. Aerospace skills retention and invest- ferences. Sec. 3. Definitions. ment reutilization report. Sec. 1122. Report on NASA efficiency and per- formance. TITLE I—AUTHORIZATION OF Sec. 615. Temporary continuation of coverage of APPROPRIATIONS FOR FISCAL YEAR 2009 health benefits. SEC. 2. FINDINGS. Sec. 616. Accounting report. The Congress finds, on this, the 50th anniver- Sec. 101. Fiscal year 2009. Subtitle C—Launch Services sary of the establishment of the National Aero- TITLE II—EARTH SCIENCE nautics and Space Administration, the fol- Sec. 621. Launch services strategy. Sec. 201. Goal. lowing: Sec. 202. Governance of United States Earth TITLE VII—EDUCATION (1) NASA is and should remain a multimission Observations activities. Sec. 701. Response to review. agency with a balanced and robust set of core

VerDate Mar 15 2010 13:59 Apr 12, 2011 Jkt 069102 PO 00000 Frm 00049 Fmt 0688 Sfmt 6333 E:\BR08\H27SE8.001 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22731 missions in science, aeronautics, and human SEC. 3. DEFINITIONS. Space Station National Laboratory, to remain space flight and exploration. In this Act: available until expended; and (2) Investment in NASA’s programs will pro- (1) ADMINISTRATOR.—The term ‘‘Adminis- (C) $50,000,000 shall be to augment funding for mote innovation through research and develop- trator’’ means the Administrator of NASA. Space Operations Mission Directorate reserves ment, and will improve the competitiveness of (2) NASA.—The term ‘‘NASA’’ means the Na- and Shuttle Transition and Retirement activi- the United States. tional Aeronautics and Space Administration. ties. (3) Investment in NASA’s programs, like in- (3) NOAA.—The term ‘‘NOAA’’ means the Na- (6) For Cross-Agency Support Programs, vestments in other Federal science and tech- tional Oceanic and Atmospheric Administration. $3,299,900,000, of which $4,000,000 shall be for nology activities, is an investment in our future. (4) OSTP.—The term ‘‘OSTP’’ means the Of- the program established under section 1107(a), (4) Properly structured, NASA’s activities can fice of Science and Technology Policy. to remain available until expended. contribute to an improved quality of life, eco- TITLE I—AUTHORIZATION OF (7) For Inspector General, $35,500,000. nomic vitality, United States leadership in APPROPRIATIONS FOR FISCAL YEAR 2009 TITLE II—EARTH SCIENCE peaceful cooperation with other nations on SEC. 201. GOAL. challenging undertakings in science and tech- SEC. 101. FISCAL YEAR 2009. There are authorized to be appropriated to The goal for NASA’s Earth Science program nology, national security, and the advancement shall be to pursue a program of Earth observa- of knowledge. NASA for fiscal year 2009 $20,210,000,000, as fol- lows: tions, research, and applications activities to (5) NASA should assume a leadership role in better understand the Earth, how it supports a cooperative international Earth observations (1) For Science, $4,932,200,000, of which— (A) $1,518,000,000 shall be for Earth Science, life, and how human activities affect its ability and research effort to address key research to do so in the future. In pursuit of this goal, issues associated with climate change and its including $29,200,000 for suborbital activities and $2,500,000 for carrying out section 313 of the NASA’s Earth Science program shall ensure that impacts on the Earth system. securing practical benefits for society will be an (6) NASA should undertake a program of National Aeronautics and Space Administration important measure of its success in addition to aeronautical research, development, and where Authorization Act of 2005 (Public Law 109–155); securing new knowledge about the Earth system appropriate demonstration activities with the (B) $1,483,000,000 shall be for Planetary and climate change. In further pursuit of this overarching goals of— Science, including $486,500,000 for the Mars Ex- goal, NASA shall, together with NOAA and (A) ensuring that the Nation’s future air ploration program, $2,000,000 to continue plan- other relevant agencies, provide United States transportation system can handle up to 3 times etary radar operations at the Arecibo Observ- leadership in developing and carrying out a co- the current travel demand and incorporate new atory in support of the Near-Earth Object pro- operative international Earth observations- vehicle types with no degradation in safety or gram, and $5,000,000 for radioisotope material based research program. adverse environmental impact on local commu- production, to remain available until expended; nities; (C) $1,290,400,000 shall be for Astrophysics, in- SEC. 202. GOVERNANCE OF UNITED STATES (B) protecting the environment; cluding $27,300,000 for suborbital activities; EARTH OBSERVATIONS ACTIVITIES. (C) promoting the security of the Nation; and (D) $640,800,000 shall be for Heliophysics, in- (a) STUDY.—The Director of OSTP shall con- (D) retaining the leadership of the United cluding $50,000,000 for suborbital activities; and sult with NASA, NOAA, and other relevant States in global aviation. (E) $75,000,000 shall be for Intra-Science Mis- agencies with an interest in Earth observations (7) Human and robotic exploration of the solar sion Directorate Technology Development, to be and enter into an arrangement with the Na- system will be a significant long-term under- taken on a proportional basis from the funding tional Academies for a study to determine the taking of humanity in the 21st century and be- subtotals under subparagraphs (A), (B), (C), most appropriate governance structure for yond, and it is in the national interest that the and (D). United States Earth Observations programs in United States should assume a leadership role in (2) For Aeronautics, $853,400,000, of which order to meet evolving United States Earth in- a cooperative international exploration initia- $406,900,000 shall be for system-level research, formation needs and facilitate United States tive. development, and demonstration activities re- participation in global Earth Observations ini- (8) Developing United States human space lated to— tiatives. flight capabilities to allow independent Amer- (A) aviation safety; (b) REPORT.—The Director shall transmit the ican access to the International Space Station, (B) environmental impact mitigation, includ- study to the Committee on Science and Tech- and to explore beyond low Earth orbit, is a stra- ing noise, energy efficiency, and emissions; nology of the House of Representatives and the tegically important national imperative, and all (C) support of the Next Generation Air Trans- Committee on Commerce, Science, and Transpor- prudent steps should thus be taken to bring the portation System initiative; and tation of the Senate not later than 18 months Orion Crew Exploration Vehicle and Ares I (D) investigation of new vehicle concepts and after the date of enactment of this Act, and Crew Launch Vehicle to full operational capa- flight regimes. shall provide OSTP’s plan for implementing the bility as soon as possible and to ensure the ef- (3) For Exploration, $4,886,000,000, of which— study’s recommendations not later than 24 fective development of a United States heavy lift (A) $3,886,000,000 shall be for baseline explo- months after the date of enactment of this Act. launch capability for missions beyond low Earth ration activities, of which $100,000,000 shall be SEC. 203. DECADAL SURVEY MISSIONS. orbit. for the activities under sections 902(a)(4) and (a) IN GENERAL.—The missions recommended (9) NASA’s scientific research activities have 902(d), such funds to remain available until ex- in the National Academies’ decadal survey contributed much to the advancement of knowl- pended; no less than $1,101,400,000 shall be for ‘‘Earth Science and Applications from Space’’ edge, provided societal benefits, and helped the Orion Crew Exploration Vehicle; no less provide the basis for a compelling and relevant train the next generation of scientists and engi- than $1,018,500,000 shall be for Ares I Crew program of research and applications, and the neers, and those activities should continue to be Launch Vehicle; and $737,800,000 shall be for Administrator should work to establish an inter- an important priority. Advanced Capabilities, including $106,300,000 national cooperative effort to pursue those mis- (10) NASA should make a sustained commit- for the Lunar Precursor Robotic Program (of sions. ment to a robust long-term technology develop- which $30,000,000 shall be for the lunar lander (b) PLAN.—The Administrator shall consult ment activity. Such investments represent the mission), $276,500,000 shall be for International with all agencies referenced in the survey as re- critically important ‘‘seed corn’’ on which Space Station-related research and development sponsible for spacecraft missions and prepare a NASA’s ability to carry out challenging and activities, and $355,000,000 shall be for research plan for submission to Congress not later than productive missions in the future will depend. and development activities not related to the 270 days after the date of enactment of this Act (11) NASA, through its pursuit of challenging International Space Station; and that shall describe how NASA intends to imple- and relevant activities, can provide an impor- (B) $1,000,000,000 shall be available to be used ment the missions recommended for NASA to tant stimulus to the next generation to pursue to accelerate the initial operating capability of conduct as described in subsection (a), whether careers in science, technology, engineering, and the Orion Crew Exploration Vehicle and the by means of dedicated NASA missions, multi- mathematics. Ares I Crew Launch Vehicle, to remain avail- agency missions, international cooperative mis- (12) Commercial activities have substantially able until expended. sions, data sharing, or commercial data buys, or contributed to the strength of both the United (4) For Education, $128,300,000, of which by means of long-term technology development States space program and the national economy, $14,200,000 shall be for the Experimental Pro- to determine whether specific missions would be and the development of a healthy and robust gram to Stimulate Competitive Research and executable at a reasonable cost and within a United States commercial space sector should $32,000,000 shall be for the Space Grant pro- reasonable schedule. continue to be encouraged. gram. SEC. 204. TRANSITIONING EXPERIMENTAL RE- (13) It is in the national interest for the (5) For Space Operations, $6,074,700,000, of SEARCH INTO OPERATIONAL SERV- United States to have an export control policy which— ICES. that protects the national security while also (A) $150,000,000 shall be for an additional (a) SENSE OF CONGRESS.—It is the sense of the enabling the United States aerospace industry Space Shuttle flight to deliver the Alpha Mag- Congress that experimental NASA sensors and to compete effectively in the global market place netic Spectrometer to the International Space missions that have the potential to benefit soci- and the United States to undertake cooperative Station; ety if transitioned into operational monitoring programs in science and human space flight in (B) $100,000,000 shall be to augment funding systems be transitioned into operational status an effective and efficient manner. for research utilization of the International whenever possible.

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(b) INTERAGENCY PROCESS.—The Director of SEC. 208. TORNADOES AND OTHER SEVERE data on the perceived impact of sonic booms. OSTP, in consultation with the Administrator, STORMS. The data could enable the promulgation of ap- the Administrator of NOAA, and other relevant The Administrator shall ensure that NASA propriate standards for overland commercial su- stakeholders, shall develop a process to transi- gives high priority to those parts of its existing personic flight operations. tion, when appropriate, NASA Earth science cooperative activities with NOAA that are re- (c) COORDINATION.—The Administrator shall and space weather missions or sensors into oper- lated to the study of tornadoes and other severe ensure that sonic boom research is coordinated ational status. The process shall include coordi- storms, tornado-force winds, and other factors as appropriate with the Administrator of the nation of annual agency budget requests as re- determined to influence the development of tor- Federal Aviation Administration, and as appro- quired to execute the transitions. nadoes and other severe storms, with the goal of priate make use of the expertise of the Partner- (c) RESPONSIBLE AGENCY OFFICIAL.—The Ad- improving the Nation’s ability to predict tor- ship for Air Transportation Noise and Emissions ministrator and the Administrator of NOAA nados and other severe storms. Further, the Ad- Reduction Center of Excellence sponsored by shall each designate an agency official who ministrator shall examine whether there are ad- NASA and the Federal Aviation Administration. shall have the responsibility for and authority ditional cooperative activities with NOAA that SEC. 305. EXTERNAL REVIEW OF NASA’S AVIATION to lead NASA’s and NOAA’s transition activities should be undertaken in the area of tornado SAFETY-RELATED RESEARCH PRO- and interagency coordination. and severe storm research. GRAMS. (d) PLAN.—For each mission or sensor that is TITLE III—AERONAUTICS (a) REVIEW.—The Administrator shall enter determined to be appropriate for transition into an arrangement with the National Re- SEC. 301. SENSE OF CONGRESS. under subsection (b), NASA and NOAA shall search Council for an independent review of It is the sense of Congress that— transmit to Congress a joint plan for conducting NASA’s aviation safety-related research pro- the transition. The plan shall include the strat- (1) aeronautics research continues to be an important core element of NASA’s mission and grams. The review shall assess whether— egy, milestones, and budget required to execute (1) the programs have well-defined, the transition. The transition plan shall be should be supported; (2) NASA aeronautics research should be prioritized, and appropriate research objectives; transmitted to Congress not later than 60 days (2) the programs are properly coordinated guided by and consistent with the national pol- after the successful completion of the mission or with the safety research programs of the Federal icy to guide aeronautics research and develop- sensor critical design review. Aviation Administration and other relevant ment programs of the United States developed in SEC. 205. LANDSAT THERMAL INFRARED DATA Federal agencies; accordance with section 101(c) of the National CONTINUITY. (3) the programs have allocated appropriate Aeronautics and Space Administration Author- (a) PLAN.—In view of the importance of resources to each of the research objectives; and ization Act of 2005 (42 U.S.C. 16611); and Landsat thermal infrared data for both sci- (4) suitable mechanisms exist for transitioning (3) technologies developed by NASA as de- entific research and water management applica- the research results from the programs into scribed in paragraph (2) would help to secure tions, the Administrator shall prepare a plan for operational technologies and procedures and the leadership role of the United States in global ensuring the continuity of Landsat thermal in- certification activities in a timely manner. aviation and greatly enhance competitiveness of frared data or its equivalent, including alloca- (b) REPORT.—Not later than 18 months after the United States in aeronautics in the future. tion of costs and responsibility for the collection the date of enactment of this Act, the Adminis- and distribution of the data, and a budget plan. SEC. 302. ENVIRONMENTALLY FRIENDLY AIR- trator shall submit to the Committee on Science As part of the plan, the Administrator shall pro- CRAFT RESEARCH AND DEVELOP- and Technology of the House of Representatives MENT INITIATIVE. vide an option for developing a thermal infrared and the Committee on Commerce, Science, and The Administrator shall establish an initiative sensor at minimum cost to be flown on the Transportation of the Senate a report on the re- involving NASA, universities, industry, and Landsat Data Continuity Mission with min- sults of the review required in subsection (a). imum delay to the schedule of the Landsat Data other research organizations as appropriate, of research, development, and demonstration, in a SEC. 306. AVIATION WEATHER RESEARCH PLAN. Continuity Mission. The Administrator and the Administrator of EADLINE.—The plan shall be provided to relevant environment, of technologies to enable (b) D NOAA shall develop a collaborative research Congress not later than 60 days after the date of the following commercial aircraft performance plan on convective weather events. The goal of enactment of this Act. characteristics: (1) Noise levels on takeoff and on airport ap- the research is to significantly improve the reli- SEC. 206. REAUTHORIZATION OF GLORY MISSION. ability of 2-hour to 6-hour aviation weather (a) REAUTHORIZATION.—Congress reauthorizes proach and landing that do not exceed ambient noise levels in the absence of flight operations in forecasts. Within 270 days after the date of en- NASA to continue with development of the actment of this Act, the Administrator and the Glory Mission, which will examine how aerosols the vicinity of airports from which such com- mercial aircraft would normally operate, with- Administrator of NOAA shall submit this plan to and solar energy affect the Earth’s climate. the Committee on Commerce, Science, and (b) BASELINE REPORT.—Pursuant to the Na- out increasing energy consumption or nitrogen Transportation of the Senate and the Committee tional Aeronautics and Space Administration oxide emissions compared to aircraft in commer- on Science and Technology of the House of Rep- Authorization Act of 2005 (Public Law 109–155), cial service as of the date of enactment of this resentatives. not later than 90 days after the date of enact- Act. ment of this Act, the Administrator shall trans- (2) Significant reductions in greenhouse gas SEC. 307. FUNDING FOR RESEARCH AND DEVEL- OPMENT ACTIVITIES IN SUPPORT OF mit a new baseline report consistent with section emissions compared to aircraft in commercial services as of the date of enactment of this Act. OTHER MISSION DIRECTORATES. 103(b)(2) of such Act. The report shall include Research and development activities per- an analysis of the factors contributing to cost SEC. 303. RESEARCH ALIGNMENT. In addition to pursuing the research and de- formed by the Aeronautics Research Mission Di- growth and the steps taken to address them. rectorate with the primary objective of assisting SEC. 207. PLAN FOR DISPOSITION OF DEEP SPACE velopment initiative described in section 302, the Administrator shall, to the maximum extent in the development of a flight project in another CLIMATE OBSERVATORY. Mission Directorate shall be funded by the Mis- (a) PLAN.—NASA shall develop a plan for the practicable within available funding, align the sion Directorate seeking assistance. Deep Space Climate Observatory (DSCOVR), in- fundamental aeronautics research program to cluding such options as using the parts of the address high priority technology challenges of SEC. 308. ENHANCEMENT OF GRANT PROGRAM the National Academies’ Decadal Survey of Civil ON ESTABLISHMENT OF UNIVER- spacecraft in the development and assembly of SITY-BASED CENTERS FOR RE- other science missions, transferring the space- Aeronautics, and shall work to increase the de- SEARCH ON AVIATION TRAINING. craft to another agency, reconfiguring the gree of involvement of external organizations, Section 427(a) of the National Aeronautics spacecraft for another Earth science mission, es- and especially of universities, in the funda- and Space Administration Authorization Act of tablishing a public-private partnership for the mental aeronautics research program. 2005 (Public Law 109–155) is amended by striking mission, and entering into an international co- SEC. 304. RESEARCH PROGRAM TO DETERMINE ‘‘may’’ and inserting ‘‘shall’’. operative partnership to use the spacecraft for PERCEIVED IMPACT OF SONIC TITLE IV—EXPLORATION INITIATIVE its primary or other purposes. The plan shall in- BOOMS. clude an estimate of budgetary resources and (a) IN GENERAL.—The ability to fly commer- SEC. 401. SENSE OF CONGRESS. schedules required to implement each of the op- cial aircraft over land at supersonic speeds It is the sense of Congress that the President tions. without adverse impacts on the environment or of the United States should invite America’s (b) CONSULTATION.—NASA shall consult, as on local communities would open new markets friends and allies to participate in a long-term necessary, with NOAA and other Federal agen- and enable new transportation capabilities. In international initiative under the leadership of cies, industry, academic institutions, and inter- order to have the basis for establishing appro- the United States to expand human and robotic national space agencies in developing the plan. priate sonic boom standards for such flight oper- presence into the solar system, including the ex- (c) REPORT.—The Administrator shall trans- ations, a research program is needed to assess ploration and utilization of the Moon, near mit the plan required under subsection (a) to the the impact in a relevant environment of commer- Earth asteroids, Lagrangian points, and eventu- Committee on Science and Technology of the cial supersonic flight operations. ally Mars and its moons, among other explo- House of Representatives and the Committee on (b) ESTABLISHMENT.—The Administrator shall ration and utilization goals. When appropriate, Commerce, Science, and Transportation of the establish a cooperative research program with the United States should lead confidence build- Senate not later than 180 days after the date of industry, including the conduct of flight dem- ing measures that advance the long-term initia- enactment of this Act. onstrations in a relevant environment, to collect tive for international cooperation.

VerDate Mar 15 2010 12:54 Apr 12, 2011 Jkt 069102 PO 00000 Frm 00051 Fmt 0688 Sfmt 6333 E:\BR08\H27SE8.001 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22733 SEC. 402. REAFFIRMATION OF EXPLORATION POL- SEC. 406. EXPLORATION RISK MITIGATION PLAN. human exploration enables science. The Con- ICY. (a) PLAN.—The Administrator shall prepare a gress encourages the Administrator to coordi- Congress hereby affirms its support for— plan that identifies and prioritizes the human nate, where practical, NASA’s science and ex- (1) the broad goals of the space exploration and technical risks that will need to be ad- ploration activities with the goal of maximizing policy of the United States, including the even- dressed in carrying out human exploration be- the success of human exploration initiatives and tual return to and exploration of the Moon and yond low Earth orbit and the research and de- furthering our understanding of the Universe other destinations in the solar system and the velopment activities required to address those that we explore. important national imperative of independent risks. The plan shall address the role of the SEC. 410. CONGRESSIONAL BUDGET OFFICE RE- access to space; International Space Station in exploration risk PORT UPDATE. (2) the development of technologies and oper- mitigation and include a detailed description of Not later than 6 months after the date of en- ational approaches that will enable a sustain- the specific steps being taken to utilize the actment of this Act, the Congressional Budget able long-term program of human and robotic International Space Station for that purpose. Office shall update its report from 2004 on the exploration of the solar system; (b) REPORT.—The Administrator shall trans- (3) activity related to Mars exploration, par- budgetary analysis of NASA’s Vision for the Na- mit to the Committee on Science and Technology tion’s Space Exploration Program, including ticularly for the development and testing of of the House of Representatives and the Com- technologies and mission concepts needed for new estimates for Project Constellation, NASA’s mittee on Commerce, Science, and Transpor- new generation of spacecraft designed for eventual consideration of optional mission ar- tation of the Senate the plan described in sub- chitectures, pursuant to future authority to pro- human space flight that will replace the Space section (a) not later than one year after the date Shuttle program. ceed with the consideration and implementation of enactment of this Act. of such architectures; and TITLE V—SPACE SCIENCE (4) international participation and coopera- SEC. 407. EXPLORATION CREW RESCUE. In order to maximize the ability to rescue as- SEC. 501. TECHNOLOGY DEVELOPMENT. tion, as well as commercial involvement in space tronauts whose space vehicles have become dis- The Administrator shall establish an intra-Di- exploration activities. abled, the Administrator shall enter into discus- rectorate long-term technology development pro- SEC. 403. STEPPING STONE APPROACH TO EXPLO- sions with the appropriate representatives of gram for space and Earth science within the RATION. spacefaring nations who have or plan to have Science Mission Directorate for the development In order to maximize the cost-effectiveness of of new technology. The program shall be inde- the long-term exploration and utilization activi- crew transportation systems capable of orbital flight or flight beyond low Earth orbit for the pendent of the flight projects under develop- ties of the United States, the Administrator shall ment. NASA shall have a goal of funding the take all necessary steps, including engaging purpose of agreeing on a common docking sys- tem standard. intra-Directorate technology development pro- international partners, to ensure that activities gram at a level of 5 percent of the total Science SEC. 408. PARTICIPATORY EXPLORATION. in its lunar exploration program shall be de- Mission Directorate annual budget. The pro- signed and implemented in a manner that gives (a) IN GENERAL.—The Administrator shall de- velop a technology plan to enable dissemination gram shall be structured to include competi- strong consideration to how those activities tively awarded grants and contracts. might also help meet the requirements of future of information to the public to allow the public SEC. 502. PROVISION FOR FUTURE SERVICING OF exploration and utilization activities beyond the to experience missions to the Moon, Mars, or other bodies within our solar system by OBSERVATORY-CLASS SCIENTIFIC Moon. The timetable of the lunar phase of the SPACECRAFT. leveraging advanced exploration technologies. long-term international exploration initiative The Administrator shall take all necessary The plan shall identify opportunities to leverage shall be determined by the availability of fund- steps to ensure that provision is made in the de- technologies in NASA’s Constellation systems ing. However, once an exploration-related sign and construction of all future observatory- that deliver a rich, multi-media experience to project enters its development phase, the Admin- class scientific spacecraft intended to be de- the public, and that facilitate participation by istrator shall seek, to the maximum extent prac- ployed in Earth orbit or at a Lagrangian point the public, the private sector, nongovernmental ticable, to complete that project without undue in space for robotic or human servicing and re- organizations, and international partners. delays. pair to the extent practicable and appropriate. SEC. 404. LUNAR OUTPOST. Technologies for collecting high-definition video, 3-dimensional images, and scientific data, SEC. 503. MARS EXPLORATION. (a) ESTABLISHMENT.—As NASA works toward Congress reaffirms its support for a system- the establishment of a lunar outpost, NASA along with the means to rapidly deliver this content through extended high bandwidth com- atic, integrated program of exploration of the shall make no plans that would require a lunar Martian surface to examine the planet whose outpost to be occupied to maintain its viability. munications networks, shall be considered as part of this plan. It shall include a review of surface is most like Earth’s, to search for evi- Any such outpost shall be operable as a human- dence of past or present life, and to examine tended facility capable of remote or autonomous high bandwidth radio and laser communica- tions, high-definition video, stereo imagery, 3- Mars for future habitability and as a long-term operation for extended periods. goal for future human exploration. To the ex- (b) DESIGNATION.—The United States portion dimensional scene cameras, and Internet routers tent affordable and practical, the program of the first human-tended outpost established on in space, from orbit, and on the lunar surface. should pursue the goal of launches at every the surface of the Moon shall be designated the The plan shall also consider secondary cargo Mars launch opportunity, leading to an even- ‘‘Neil A. Armstrong Lunar Outpost’’. capability for technology validation and science tual robotic sample return. (c) SENSE OF CONGRESS.—It is the sense of mission opportunities. In addition, the plan Congress that NASA should make use of com- shall identify opportunities to develop and dem- SEC. 504. IMPORTANCE OF A BALANCED SCIENCE mercial services to the maximum extent prac- onstrate these technologies on the International PROGRAM. ticable in support of its lunar outpost activities. Space Station and robotic missions to the Moon, It is the sense of Congress that a balanced and adequately funded set of activities, con- SEC. 405. EXPLORATION TECHNOLOGY DEVELOP- Mars, and other solar system bodies. As part of MENT. the technology plan, the Administrator shall ex- sisting of NASA’s research and analysis grants (a) IN GENERAL.—A robust program of long- amine the feasibility of having NASA enter into programs, technology development, small-, me- term exploration-related technology research contracts and other agreements with appro- dium-, and large-sized space science missions, and development will be essential for the success priate public, private sector, and international and suborbital research activities, contributes to and sustainability of any enduring initiative of partners to broadcast electronically, including a robust and productive science program and human and robotic exploration of the solar sys- via the Internet, images and multimedia records serves as a catalyst for innovation. tem. delivered from its missions in space to the pub- SEC. 505. SUBORBITAL RESEARCH ACTIVITIES. (b) ESTABLISHMENT.—The Administrator shall lic, and shall identify issues associated with (a) SENSE OF CONGRESS.—It is the sense of carry out a program of long-term exploration-re- such contracts and other agreements. In any Congress that suborbital flight activities, includ- lated technology research and development, in- such contracts and other agreements, NASA ing the use of sounding rockets, aircraft, and cluding such things as in-space propulsion, shall adhere to a transparent bidding process to high-altitude balloons, and suborbital reusable power systems, life support, and advanced avi- award such contracts and other agreements, launch vehicles, offer valuable opportunities to onics, that is not tied to specific flight projects. pursuant to United States law. As part of this advance science, train the next generation of The program shall have the funding goal of en- plan, the Administrator shall include estimates scientists and engineers, and provide opportuni- suring that the technology research and devel- of associated costs. ties for participants in the programs to acquire opment can be completed in a timely manner in (b) REPORT.—Not later than 270 days after the skills in systems engineering and systems inte- order to support the safe, successful, and sus- date of enactment of this Act, the Administrator gration that are critical to maintaining the Na- tainable exploration of the solar system. In ad- shall submit the plan to the Committee on tion’s leadership in space programs. The Con- dition, in order to ensure that the broadest Science and Technology of the House of Rep- gress believes that it is in the national interest range of innovative concepts and technologies resentatives and the Committee on Commerce, to expand the size of NASA’s suborbital research are captured, the long-term technology program Science, and Transportation of the Senate. program. It is further the sense of Congress that shall have the goal of having a significant por- SEC. 409. SCIENCE AND EXPLORATION. funding for suborbital research activities should tion of its funding available for external grants It is the sense of Congress that NASA’s sci- be considered part of the contribution of NASA and contracts with universities, research insti- entific and human exploration activities are to United States competitive and educational tutions, and industry. synergistic; science enables exploration and enhancement and should represent increased

VerDate Mar 15 2010 12:54 Apr 12, 2011 Jkt 069102 PO 00000 Frm 00052 Fmt 0688 Sfmt 6333 E:\BR08\H27SE8.001 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22734 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 funding as contemplated in section 2001 of the mitted to the Committee on Science and Tech- quired in paragraph (1), the Administrator shall America COMPETES Act (42 U.S.C. 16611(a)). nology of the House of Representatives and the develop a Research Management Plan for the (b) REVIEW OF SUBORBITAL MISSION CAPABILI- Committee on Commerce, Science, and Transpor- International Space Station. Such Plan shall in- TIES.— tation of the Senate not later than 15 months clude a process for selecting and prioritizing re- (1) IN GENERAL.—Not later than 120 days after after the date of enactment of this Act. search activities (including fundamental, ap- the date of enactment of this Act, the Adminis- SEC. 508. ASSESSMENT OF COST GROWTH. plied, commercial, and other research) for flight trator shall enter into an arrangement with the (a) STUDY.—The Administrator shall enter on the International Space Station. Such Plan National Academies to conduct a review of the into an arrangement for an independent exter- shall be used to prioritize resources such as crew suborbital mission capabilities of NASA. nal assessment to identify the primary causes of time, racks and equipment, and United States (2) MATTERS REVIEWED.—The review required cost growth in the large-, medium-, and small- access to international research facilities and by paragraph (1) shall include a review of the sized space and Earth science spacecraft mission equipment. Such Plan shall also identify the or- following: classes, and make recommendations as to what ganization to be responsible for managing (A) Existing programs that make use of sub- changes, if any, should be made to contain costs United States research on the International orbital flights. and ensure frequent mission opportunities in Space Station, including a description of the re- (B) The status, capability, and availability of NASA’s science spacecraft mission programs. lationship of the management institution with suborbital platforms, and the infrastructure and (b) REPORT.—The report of the assessment NASA (e.g., internal NASA office, contract, co- workforce necessary to support them. operative agreement, or grant), the estimated (C) Existing or planned launch facilities for conducted under subsection (a) shall be sub- mitted to Congress not later than 15 months length of time for the arrangement, and the suborbital missions. budget required to support the management in- (D) Opportunities for scientific research, after the date of enactment of this Act. SEC. 509. OUTER PLANETS EXPLORATION. stitution. Such Plan shall be developed in con- training, and educational collaboration in the sultation with other Federal agencies, aca- conduct of suborbital missions by NASA, espe- It is the sense of Congress that the outer solar system planets and their satellites can offer im- demia, industry, and other relevant stake- cially as they relate to the findings and rec- holders. The Administrator may request the sup- ommendations of the National Academies portant knowledge about the formation and evo- lution of the solar system, the nature and diver- port of the National Academy of Sciences or decadal surveys and report on ‘‘Building a Bet- other appropriate independent entity, including ter NASA Workforce: Meeting the Workforce sity of these solar system bodies, and the poten- tial for conditions conducive to life beyond an external consultant, in developing the Plan. Needs for the National Vision for Space Explo- (C) ESTABLISHMENT OF PROCESS FOR ACCESS TO Earth. NASA should move forward with plans ration’’. NATIONAL LABORATORY.—As part of the plan re- for an Outer Planets flagship mission to the Eu- (3) REPORT.— quired in paragraph (1), the Administrator (A) IN GENERAL.—Not later than 15 months ropa-Jupiter system or the Titan-Saturn system shall— after the date of enactment of this Act, the Ad- as soon as practicable within a balanced Plan- (i) establish a process by which to support ministrator shall submit to the Committee on etary Science program. International Space Station National Labora- Science and Technology of the House of Rep- TITLE VI—SPACE OPERATIONS tory users in identifying their requirements for resentatives and the Committee on Commerce, Subtitle A—International Space Station transportation of research supplies to and from Science, and Transportation of the Senate a re- the International Space Station, and for com- port on the review required by this subsection. SEC. 601. PLAN TO SUPPORT OPERATION AND UTILIZATION OF THE ISS BEYOND municating those requirements to NASA and (B) CONTENTS.—The report required by this FISCAL YEAR 2015. International Space Station transportation serv- paragraph shall include a summary of the re- ices providers; and view; the findings of the Administrator with re- (a) IN GENERAL.—The Administrator shall take all necessary steps to ensure that the Inter- (ii) develop an estimate of the transportation spect to such review; recommendations regard- requirements needed to support users of the ing the growth of suborbital launch programs national Space Station remains a viable and productive facility capable of potential United International Space Station National Labora- conducted by NASA; and the steps necessary to tory and develop a plan for satisfying those re- ensure such programs are conducted using do- States utilization through at least 2020 and shall take no steps that would preclude its continued quirements by dedicating a portion of volume on mestic launch facilities to the maximum extent NASA supply missions to the International practicable, including any rationale and jus- operation and utilization by the United States after 2015. Space Station. tification for using non-domestic facilities for (D) ASSESSMENT OF EQUIPMENT TO SUPPORT such missions. (b) PLAN TO SUPPORT OPERATIONS AND UTILI- ZATION OF THE INTERNATIONAL SPACE STATION RESEARCH.—As part of the plan required in SEC. 506. RESTORATION OF RADIOISOTOPE THER- BEYOND FISCAL YEAR 2015.— paragraph (1), the Administrator shall— MOELECTRIC GENERATOR MATERIAL (i) provide a list of critical hardware that is PRODUCTION. (1) IN GENERAL.—Not later than 9 months after the date of enactment of this Act, the Ad- anticipated to be necessary to support nonexplo- (a) PLAN.—The Director of OSTP shall de- ration-related and exploration-related research velop a plan for restarting and sustaining the ministrator shall submit to the Committee on Science and Technology of the House of Rep- through the year 2020; domestic production of radioisotope thermo- (ii) identify existing research equipment and resentatives and the Committee on Commerce, electric generator material for deep space and racks and support equipment that are mani- Science, and Transportation of the Senate a other space science missions. fested for flight; and (b) REPORT.—The plan developed under sub- plan to support the operations and utilization of (iii) provide a detailed description of the sta- section (a) shall be transmitted to Congress not the International Space Station beyond fiscal tus of research equipment and facilities that later than 270 days after the date of enactment year 2015 for a period of not less than 5 years. were completed or in development prior to being of this Act. The plan shall be an update and expansion of cancelled, and provide the budget and mile- the operation plan of the International Space SEC. 507. ASSESSMENT OF IMPEDIMENTS TO stones for completing and preparing the equip- INTERAGENCY COOPERATION ON Station National Laboratory submitted to Con- ment for flight on the International Space Sta- SPACE AND EARTH SCIENCE MIS- gress in May 2007 under section 507 of the Na- tion. SIONS. tional Aeronautics and Space Administration (E) BUDGET PLAN.—As part of the plan re- (a) ASSESSMENTS.—The Administrator, in con- Authorization Act of 2005 (42 U.S.C. 16767). quired in paragraph (1), the Administrator shall sultation with other agencies with space science (2) CONTENT.— provide a budget plan that reflects the antici- programs, shall enter into an arrangement with (A) REQUIREMENTS TO SUPPORT OPERATION pated use of such activities and the projected the National Academies to assess impediments, AND UTILIZATION OF THE ISS BEYOND FISCAL amounts to be required for fiscal years 2010 including cost growth, to the successful conduct YEAR 2015.—As part of the plan required in para- through 2020 to accomplish the objectives of the of interagency cooperation on space science mis- graph (1), the Administrator shall provide each activities described in subparagraphs (A) sions, to provide lessons learned and best prac- of the following: through (D). tices, and to recommend steps to help facilitate (i) A list of critical hardware necessary to SEC. 602. INTERNATIONAL SPACE STATION NA- successful interagency collaborations on space support International Space Station operations TIONAL LABORATORY ADVISORY science missions. As part of the same arrange- through the year 2020. COMMITTEE. ment with the National Academies, the Adminis- (ii) Specific known or anticipated mainte- (a) ESTABLISHMENT.—Not later than 1 year trator, in consultation with NOAA and other nance actions that would need to be performed after the date of enactment of this Act, the Ad- agencies with civil Earth observation systems, to support International Space Station oper- ministrator shall establish under the Federal shall have the National Academies assess im- ations and research through the year 2020. Advisory Committee Act a committee to be pediments, including cost growth, to the suc- (iii) Annual upmass and downmass require- known as the ‘‘International Space Station Na- cessful conduct of interagency cooperation on ments, including potential vehicles that will de- tional Laboratory Advisory Committee’’ (here- Earth science missions, to provide lessons liver such upmass and downmass, to support the after in this section referred to as the ‘‘Com- learned and best practices, and to recommend International Space Station after the retirement mittee’’). steps to help facilitate successful interagency of the Space Shuttle Orbiter and through the (b) MEMBERSHIP.— collaborations on Earth science missions. year 2020. (1) COMPOSITION.—The Committee shall be (b) REPORT.—The report of the assessments (B) ISS NATIONAL LABORATORY RESEARCH composed of individuals representing organiza- carried out under subsection (a) shall be trans- MANAGEMENT PLAN.—As part of the plan re- tions who have formal agreements with NASA to

VerDate Mar 15 2010 12:54 Apr 12, 2011 Jkt 069102 PO 00000 Frm 00053 Fmt 0688 Sfmt 6333 E:\BR08\H27SE8.001 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22735 utilize the United States portion of the Inter- flight manifest and shall be flown prior to the (C) a description of the proposed plan for allo- national Space Station, including allocations retirement of the Space Shuttle, currently sched- cating those costs among anticipated fiscal year within partner elements. uled for 2010. 2009 appropriations or existing budget author- (2) CHAIR.—The Administrator shall appoint a (c) ADDITIONAL FLIGHT TO DELIVER THE ity; chair from among the members of the Committee, ALPHA MAGNETIC SPECTROMETER AND OTHER (D) a description of any programmatic impacts who shall serve for a 2-year term. SCIENTIFIC EQUIPMENT AND PAYLOADS TO THE within the Space Operations Mission Direc- (c) DUTIES OF THE COMMITTEE.— INTERNATIONAL SPACE STATION.— torate that would result from reallocations of (1) IN GENERAL.—The Committee shall mon- (1) IN GENERAL.—In addition to the flying of funds to meet the requirements of paragraph (1); itor, assess, and make recommendations regard- the baseline manifest as described in subsection (E) a description of any additional authority ing effective utilization of the International (b), the Administrator shall take all necessary needed to enable compliance with the require- Space Station as a national laboratory and plat- steps to fly one additional Space Shuttle flight ments of paragraph (1); and form for research. to deliver the Alpha Magnetic Spectrometer and (F) a description of any potential disruption (2) ANNUAL REPORT.—The Committee shall other scientific equipment and payloads to the to the timely progress of development milestones submit to the Administrator, on an annual basis International Space Station prior to the retire- in the preparation of infrastructure or work- or more frequently as considered necessary by a ment of the Space Shuttle. The purpose of the force requirements for shuttle follow-on launch majority of the members of the Committee, a re- mission required to be planned under this sub- systems. port containing the assessments and rec- section shall be to ensure the active use of the (e) REPORT ON IMPACTS OF SPACE SHUTTLE ommendations required by paragraph (1). United States portion of the International Space EXTENSION.—Within 120 days after the date of (d) DURATION.—The Committee shall exist for Station as a National Laboratory by the deliv- enactment of this Act, the Administrator shall the life of the International Space Station. ery of the Alpha Magnetic Spectrometer, and to provide a report to the Congress outlining op- SEC. 603. CONTINGENCY PLAN FOR CARGO RE- the extent practicable, the delivery of flight- tions, impacts, and associated costs of ensuring SUPPLY. ready research experiments prepared under the the safe and effective operation of the Space (a) IN GENERAL.—The International Space Memoranda of Understanding between NASA Shuttle at the minimum rate necessary to sup- Station represents a significant investment of and other entities to facilitate the utilization of port International Space Station operations and national resources, and it is a facility that em- the International Space Station National Lab- resupply, including for both a near-term, 1-to-2 bodies a cooperative international approach to oratory, as well as other fundamental and ap- year extension of Space Shuttle operations and the exploration and utilization of space. As plied life sciences and other microgravity re- for a longer term, 3-to-6 year extension. The re- such, it is important that its continued viability search experiments to the International Space port shall include an assessment of— and productivity be ensured, to the maximum Station as soon as the assembly of the Inter- (1) annual fixed and marginal costs, including extent possible, after the Space Shuttle is re- national Space Station is completed. identification and cost impacts of options for tired. (2) FLIGHT SCHEDULE.—If the Administrator, cost-sharing with the Constellation program and (b) CONTINGENCY PLAN.—The Administrator within 12 months before the scheduled date of including the impact of those cost-sharing op- shall develop a contingency plan and arrange- the additional Space Shuttle flight authorized tions on the Constellation program; ments, including use of International Space Sta- by paragraph (1), determines that— (2) the safety of continuing the use of the tion international partner cargo resupply capa- (A) NASA will be unable to meet that launch Space Shuttle beyond 2010, including a prob- bilities, to ensure the continued viability and date before the end of calendar year 2010, unless ability risk assessment of a catastrophic acci- productivity of the International Space Station the President decides to extend Shuttle oper- dent before completion of the extended Space in the event that United States commercial ations beyond 2010, or Shuttle flight program, the underlying assump- cargo resupply services are not available during (B) implementation of the additional flight re- tions used in calculating that probability, and any extended period after the date that the quirement would, in and of itself, result in— comparing the associated safety risks with those (i) significant increased costs to NASA over Space Shuttle is retired. The plan shall be deliv- of other existing and planned human-rated the cost estimate of the additional flight as de- ered to the Committee on Science and Tech- launch systems, including the Soyuz and Con- termined by the Independent Program Assess- nology of the House of Representatives and the stellation vehicles; Committee on Commerce, Science, and Transpor- ment Office, or (ii) unacceptable safety risks associated with (3) a description of the activities and an esti- tation of the Senate not later than one year mate of the associated costs that would be need- after the date of enactment of this Act. making the flight before termination of the Space Shuttle program, ed to maintain or improve Space Shuttle safety SEC. 604. SENSE OF CONGRESS ON USE OF SPACE throughout the periods described in the first the Administrator shall notify the Senate Com- LIFE SCIENCES LABORATORY AT sentence of this subsection were the President mittee on Commerce, Science, and Transpor- KENNEDY SPACE CENTER. inaugurated on January 20, 2009, to extend tation and the House of Representatives Com- It is the sense of Congress that the Space Life Space Shuttle operations beyond 2010, the cor- mittee on Science and Technology of the deter- Sciences Laboratory at Kennedy Space Center rectly anticipated date of Space Shuttle retire- mination, and provide a detailed explanation of represents a key investment and asset in the ment; the basis for that determination. After the noti- International Space Station National Labora- (4) the impacts on facilities, workforce, and fication is provided to the Committees, the Ad- tory capability. The laboratory is specifically resources for the Constellation program and on ministrator shall remove the flight from the designed to provide pre-flight, in-flight, and the cost and schedule of that program; Space Shuttle schedule unless the Congress by post-flight support services for International (5) assumptions regarding workforce, skill law reauthorizes the flight or the President cer- Space Station end-users, and should be utilized mix, launch and processing infrastructure, tifies that it is in the national interest to fly the in this manner when appropriate. training, ground support, orbiter maintenance mission. Subtitle B—Space Shuttle and vehicle utilization, and other relevant fac- (d) TERMINATION OR SUSPENSION OF ACTIVI- tors, as appropriate, used in deriving the cost SEC. 611. SPACE SHUTTLE FLIGHT REQUIRE- TIES THAT WOULD PRECLUDE CONTINUED FLIGHT MENTS. and schedule estimates for the options studied; OF SPACE SHUTTLE PRIOR TO REVIEW BY THE IN- (6) the extent to which program management, (a) REPORT ON U.S. HUMAN SPACEFLIGHT CA- COMING 2009 PRESIDENTIAL ADMINISTRATION.— processes, and workforce and contractor assign- PABILITIES.—Section 501(c) of the National Aero- (1) IN GENERAL.—The Administrator shall ter- nautics and Space Administration Authoriza- minate or suspend any activity of the Agency ments can be integrated and streamlined for tion Act of 2005 (42 U.S.C. 16761(c)) is amended that, if continued between the date of enact- maximum efficiency to support continued shut- by striking the matter before paragraph (1) and ment of this Act and April 30, 2009, would pre- tle flights while transitioning to the Constella- inserting the following: ‘‘Not later than 90 days clude the continued safe and effective flight of tion program, including identification of associ- after the date of enactment of the National Aer- the Space Shuttle after fiscal year 2010 if the ated cost impacts on both the Space Shuttle and onautics and Space Administration Authoriza- first President inaugurated on January 20, 2009, the Constellation program; tion Act of 2008, the Administrator shall submit were to make a determination to delay the Space (7) the impact of a Space Shuttle flight pro- to the Committee on Commerce, Science, and Shuttle’s scheduled retirement. gram extention on the United States’ depend- Transportation of the Senate and the Committee (2) REPORT ON IMPACT OF COMPLIANCE.—With- ence on Russia for International Space Station on Science and Technology of the House of Rep- in 90 days after the date of enactment of this crew rescue services; and resentatives a report on the lack of a United Act, the Administrator shall provide a report to (8) the potential for enhancements of Inter- States human space flight system to replace the the Congress describing the expected budgetary national Space Station research, logistics, and Space Shuttle upon its planned retirement, cur- and programmatic impacts from compliance with maintenance capabilities resulting from ex- rently scheduled for 2010, and the ability of the paragraph (1). The report shall include— tended Shuttle flight operations and the costs United States to uphold the policy described in (A) a summary of the actions taken to ensure associated with implementing any such en- subsection (a), including a description of—’’. the option to continue space shuttle flights be- hancements. (b) BASELINE MANIFEST.—In addition to the yond the end of fiscal year 2010 is not precluded SEC. 612. UNITED STATES COMMERCIAL CARGO Space Shuttle flights listed as part of the base- before April 30, 2009; CAPABILITY STATUS. line flight manifest as of January 1, 2008, the (B) an estimate of additional costs incurred by The Administrator shall determine the degree Utilization flights ULF–4 and ULF–5 shall be each specific action identified in the summary to which an increase in the amounts authorized considered part of the Space Shuttle baseline provided under subparagraph (A); to be appropriated under section 101(3) for the

VerDate Mar 15 2010 12:54 Apr 12, 2011 Jkt 069102 PO 00000 Frm 00054 Fmt 0688 Sfmt 6333 E:\BR08\H27SE8.001 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22736 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 Commercial Orbital Transportation Services SEC. 615. TEMPORARY CONTINUATION OF COV- (2) an analysis of possible alternatives to project to be used by Phase One team members ERAGE OF HEALTH BENEFITS. maintain small and medium-sized lift capabili- of such project in fiscal year 2009 would reason- (a) IN GENERAL.—Section 8905a(d) of title 5, ties after June 30, 2010, including the use of the ably be expected to accelerate development of United States Code, is amended by adding at the Department of Defense’s Evolved Expendable Capabilities A, B, and C of such project to an end the following new paragraph: Launch Vehicle (EELV); effective operations capability as close to 2010 as ‘‘(6)(A) If the basis for continued coverage (3) the recommended alternatives, and associ- possible. under this section is, as a result of the termi- ated 5-year budget plans starting in October SEC. 613. SPACE SHUTTLE TRANSITION. nation of the Space Shuttle Program, an invol- 2010 that would enable their implementation; untary separation from a position due to a re- (a) DISPOSITION OF SHUTTLE-RELATED AS- and duction-in-force or declination of a directed re- SETS.— (4) a contingency plan in the event the rec- assignment or transfer of function, or a vol- (1) IN GENERAL.—Not later than 90 days after ommended alternatives described in paragraph the date of enactment of this Act, the Adminis- untary separation from a surplus position in the (3) are not available when needed. National Aeronautics and Space Administra- trator shall submit to Congress a plan describing TITLE VII—EDUCATION the process for the disposition of the remaining tion— ‘‘(i) the individual shall be liable for not more SEC. 701. RESPONSE TO REVIEW. Space Shuttle Orbiters and other Space Shuttle than the employee contributions referred to in (a) PLAN.—The Administrator shall prepare a program-related hardware after the retirement paragraph (1)(A)(i); and plan identifying actions taken or planned in re- of the Space Shuttle fleet. ‘‘(ii) the National Aeronautics and Space Ad- sponse to the recommendations of the National (2) PLAN REQUIREMENTS.—The plan submitted ministration shall pay the remaining portion of Academies report, ‘‘NASA’s Elementary and under paragraph (1) shall include a description the amount required under paragraph (1)(A). Secondary Education Program: Review and Cri- of a process by which educational institutions, ‘‘(B) This paragraph shall only apply with re- tique’’. For those actions that have not been im- science museums, and other appropriate organi- spect to individuals whose continued coverage is plemented, the plan shall include a schedule zations may acquire, through loan or disposal based on a separation occurring on or after the and budget required to support the actions. by the Federal Government, Space Shuttle pro- date of enactment of this paragraph and before (b) REPORT.—The plan prepared under sub- gram hardware. December 31, 2010. section (a) shall be transmitted to the Committee (3) PROHIBITION ON DISPOSITION BEFORE COM- ‘‘(C) For purposes of this paragraph, ‘surplus on Science and Technology of the House of Rep- PLETION OF PLAN.—The Administrator shall not position’ means a position which is— resentatives and the Committee on Commerce, dispose of any Space Shuttle program hardware ‘‘(i) identified in pre-reduction-in-force plan- Science, and Transportation of the Senate not before the plan required by paragraph (1) is sub- ning as no longer required, and which is ex- later than 1 year after the date of enactment of mitted to Congress. pected to be eliminated under formal reduction- this Act. (b) SPACE SHUTTLE TRANSITION LIAISON OF- in-force procedures as a result of the termi- FICE.— SEC. 702. EXTERNAL REVIEW OF EXPLORER nation of the Space Shuttle Program; or SCHOOLS PROGRAM. (1) ESTABLISHMENT.—The Administrator shall ‘‘(ii) encumbered by an employee who has re- develop a plan and establish a Space Shuttle (a) REVIEW.—The Administrator shall make ceived official certification from the National arrangements for an independent external re- Transition Liaison Office within the Office of Aeronautics and Space Administration con- Human Capital Management of NASA to assist view of the Explorer Schools program to evalu- sistent with the Administration’s career transi- ate its goals, status, plans, and accomplish- local communities affected by the termination of tion assistance program regulations that the po- the Space Shuttle program in mitigating the ments. sition is being abolished as a result of the termi- (b) REPORT.—The report of the independent negative impacts on such communities caused by nation of the Space Shuttle Program.’’. such termination. The plan shall define the size external review shall be transmitted to the Com- (b) CONFORMING AMENDMENT.—Paragraph mittee on Science and Technology of the House of the affected local community that would re- (1)(A) of such subsection (d) is amended by ceive assistance described in paragraph (2). of Representatives and the Committee on Com- striking ‘‘(4) and (5)’’ and inserting ‘‘(4), (5), merce, Science, and Transportation of the Sen- (2) MANNER OF ASSISTANCE.—In providing as- and (6)’’. sistance under paragraph (1), the office estab- ate not later than 1 year after the date of enact- SEC. 616. ACCOUNTING REPORT. lished under such paragraph shall— ment of this Act. Within 180 days after the date of enactment of (A) offer nonfinancial, technical assistance to SEC. 703. SENSE OF CONGRESS ON EARTHKAM this Act, the Administrator shall provide to the communities described in such paragraph to as- AND ROBOTICS COMPETITIONS. Committee on Science and Technology of the sist in the mitigation described in such para- It is the sense of Congress that NASA’s edu- House of Representatives and the Committee on graph; and cational programs are important sources of in- (B) serve as a clearinghouse to assist such Commerce, Science, and Transportation of the spiration and hands-on learning for the next communities in identifying services available Senate a report that will summarize any actions generation of engineers and scientists and from other Federal, State, and local agencies to taken or planned to be taken during fiscal years should be supported. In that regard, programs assist in such mitigation. 2008 and 2009 to begin reductions in expendi- such as EarthKAM, which brings NASA directly tures and activities related to the Space Shuttle (3) TERMINATION OF OFFICE.—The office estab- into American classrooms by enabling students lished under paragraph (1) shall terminate 2 program. The report shall include a summary of to talk directly with astronauts aboard the years after the completion of the last Space any actual or anticipated cost savings to the International Space Station and to take photo- Shuttle flight. Space Shuttle program relative to the FY 2008 graphs of Earth from space, and NASA involve- and FY 2009 Space Shuttle program budgets and (4) SUBMISSION.—Not later than 180 days after ment in robotics competitions for students of all the date of enactment of this Act, NASA shall runout projections as a result of such actions, levels, are particularly worthy undertakings provide a copy of the plan required by para- as well as a summary of any actual or antici- and NASA should support them and look for ad- graph (1) to the Congress. pated liens or budgetary challenges to the Space ditional opportunities to engage students Shuttle program during fiscal years 2008 and through NASA’s space and aeronautics activi- SEC. 614. AEROSPACE SKILLS RETENTION AND IN- 2009. VESTMENT REUTILIZATION REPORT. ties. (a) IN GENERAL.—The Administrator shall, in Subtitle C—Launch Services SEC. 704. ENHANCEMENT OF EDUCATIONAL ROLE consultation with other Federal agencies, as ap- SEC. 621. LAUNCH SERVICES STRATEGY. OF NASA. propriate— (a) IN GENERAL.—In preparation for the (a) SENSE OF CONGRESS.—It is the sense of (1) carry out an analysis of the facilities and award of contracts to follow up on the current Congress that the International Space Station human capital resources that will become avail- NASA Launch Services (NLS) contracts, the Ad- offers a unique opportunity for Federal agencies able as a result of the retirement of the Space ministrator shall develop a strategy for pro- to engage students in science, technology, engi- Shuttle program; and viding domestic commercial launch services in neering, and mathematics education. Congress (2) identify on-going or future Federal pro- support of NASA’s small and medium-sized encourages NASA to include other Federal grams and projects that could use such facilities Science, Space Operations, and Exploration mis- agencies in its planning efforts to use the Inter- and resources. sions, consistent with current law and policy. national Space Station National Laboratory for (b) REPORT.—Not later than 180 days after the (b) REPORT.—The Administrator shall trans- science, technology, engineering, and mathe- date of enactment of this Act, the Administrator mit a report to the Committee on Science and matics educational activities. shall submit to the Committee on Science and Technology of the House of Representatives and (b) EXPERIMENTAL PROGRAM TO STIMULATE Technology of the House of Representatives and the Committee on Commerce, Science, and COMPETITIVE RESEARCH.—In order to ensure the Committee on Commerce, Science, and Transportation of the Senate describing the that research expertise and talent throughout Transportation of the Senate a report— strategy developed under subsection (a) not the Nation is developed and engaged in NASA (1) on the analysis required by paragraph (1) later than 90 days after the date of enactment of research and education activities, NASA shall, of subsection (a), including the findings of the this Act. The report shall provide, at a min- as part of its annual budget submission, detail Administrator with respect to such analysis; imum— additional steps that can be taken to further in- and (1) the results of the Request for Information tegrate the participating EPSCoR States in both (2) describing the programs and projects iden- on small to medium-sized launch services re- existing and new or emerging NASA research tified under paragraph (2) of such subsection. leased on April 22, 2008; programs and center activities.

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(c) NATIONAL SPACE GRANT COLLEGE AND FEL- (B) implementing a deflection campaign, in crew transfer and rescue service providers, con- LOWSHIP PROGRAM.—NASA shall continue its consultation with international bodies, should sistent with United States law; and emphasis on the importance of education to ex- one be necessary. (4) issue a notice of intent, not later than 180 pand opportunities for Americans to understand SEC. 805. PLANETARY RADAR CAPABILITY. days after the date of enactment of this Act, to and participate in NASA’s aeronautics and The Administrator shall maintain a planetary enter into a funded, competitively awarded space projects by supporting and enhancing radar that is comparable to the capability pro- Space Act Agreement with 2 or more commercial science and engineering education, research, vided through the Deep Space Network entities for a Phase 1 Commercial Orbital Trans- and public outreach efforts. Goldstone facility of NASA. portation Services crewed vehicle demonstration program. TITLE VIII—NEAR-EARTH OBJECTS SEC. 806. ARECIBO OBSERVATORY. (b) CONGRESSIONAL INTENT.—It is the intent of SEC. 801. REAFFIRMATION OF POLICY. Congress reiterates its support for the use of Congress that funding for the program described (a) REAFFIRMATION OF POLICY ON SURVEYING the Arecibo Observatory for NASA-funded near- in subsection (a)(4) shall not come at the ex- NEAR-EARTH ASTEROIDS AND COMETS.—Congress Earth object-related activities. The Adminis- pense of full funding of the amounts authorized reaffirms the policy set forth in section 102(g) of trator, using funds authorized in section under section 101(3)(A), and for future fiscal the National Aeronautics and Space Act of 1958 101(a)(1)(B), shall ensure the availability of the years, for Orion Crew Exploration Vehicle de- (42 U.S.C. 2451(g)) (relating to surveying near- Arecibo Observatory’s planetary radar to sup- velopment, Ares I Crew Launch Vehicle develop- Earth asteroids and comets). port these activities until the National Acad- ment, or International Space Station cargo de- (b) SENSE OF CONGRESS ON BENEFITS OF NEAR- emies’ review of NASA’s approach for the survey livery. EARTH OBJECT PROGRAM ACTIVITIES.—It is the and deflection of near-Earth objects, including (c) ADDITIONAL TECHNOLOGIES.—NASA shall sense of Congress that the near-Earth object a determination of the role of Arecibo, that was make International Space Station-compatible program activities of NASA will provide benefits directed to be undertaken by the Fiscal Year docking adaptors and other relevant tech- to the scientific and exploration activities of 2008 Omnibus Appropriations Act, is completed. nologies available to the commercial crew pro- NASA. SEC. 807. INTERNATIONAL RESOURCES. viders selected to service the International Space SEC. 802. FINDINGS. It is the sense of Congress that, since an esti- Station. Congress makes the following findings: mated 25,000 asteroids of concern have yet to be (d) CREW TRANSFER AND CREW RESCUE SERV- (1) Near-Earth objects pose a serious and cred- discovered and monitored, the United States ICES CONTRACT.—If a commercial provider dem- ible threat to humankind, as many scientists be- should seek to obtain commitments for coopera- onstrates the capability to provide International lieve that a major asteroid or comet was respon- tion from other nations with significant re- Space Station crew transfer and crew rescue sible for the mass extinction of the majority of sources for contributing to a thorough and time- services and to satisfy NASA ascent, entry, and the Earth’s species, including the dinosaurs, ly search for such objects and an identification International Space Station proximity oper- nearly 65,000,000 years ago. of their characteristics. ations safety requirements, NASA shall enter (2) Several such near-Earth objects have only TITLE IX—COMMERCIAL INITIATIVES into an International Space Station crew trans- been discovered within days of the objects’ clos- fer and crew rescue services contract with that SEC. 901. SENSE OF CONGRESS. est approach to Earth and recent discoveries of commercial provider for a portion of NASA’s an- It is the sense of Congress that a healthy and such large objects indicate that many large ticipated International Space Station crew robust commercial sector can make significant near-Earth objects remain undiscovered. transfer and crew rescue requirements from the contributions to the successful conduct of (3) Asteroid and comet collisions rank as one time the commercial provider commences oper- NASA’s space exploration program. While some of the most costly natural disasters that can ations under contract with NASA through cal- activities are inherently governmental in na- occur. endar year 2016, with an option to extend the (4) The time needed to eliminate or mitigate ture, there are many other activities, such as period of performance through calendar year the threat of a collision of a potentially haz- routine supply of water, fuel, and other 2020. consumables to low Earth orbit or to destina- ardous near-Earth object with Earth is meas- TITLE X—REVITALIZATION OF NASA tions beyond low Earth orbit, and provision of ured in decades. INSTITUTIONAL CAPABILITIES (5) Unlike earthquakes and hurricanes, aster- power or communications services to lunar out- posts, that potentially could be carried out ef- SEC. 1001. REVIEW OF INFORMATION SECURITY oids and comets can provide adequate collision CONTROLS. fectively and efficiently by the commercial sec- information, enabling the United States to in- (a) REPORT ON CONTROLS.—Not later than one tor at some point in the future. Congress en- clude both asteroid-collision and comet-collision year after the date of enactment of this Act, the courages NASA to look for such service opportu- disaster recovery and disaster avoidance in its Comptroller General shall transmit to the Com- nities and, to the maximum extent practicable, public-safety structure. mittee on Science and Technology of the House make use of the commercial sector to provide (6) Basic information is needed for technical of Representatives and the Committee on Com- those services. It is further the sense of Congress and policy decisionmaking for the United States merce, Science, and Transportation of the Sen- that United States entrepreneurial space compa- to create a comprehensive program in order to be ate a review of information security controls nies have the potential to develop and deliver ready to eliminate and mitigate the serious and that protect NASA’s information technology re- innovative technology solutions at affordable credible threats to humankind posed by poten- sources and information from inadvertent or de- costs. NASA is encouraged to use United States tially hazardous near-Earth asteroids and com- liberate misuse, fraudulent use, disclosure, entrepreneurial space companies to conduct ap- ets. modification, or destruction. The review shall propriate research and development activities. (7) As a first step to eliminate and to mitigate focus on networks servicing NASA’s mission di- NASA is further encouraged to seek ways to en- the risk of such collisions, situation and deci- rectorates. In assessing these controls, the re- sure that firms that rely on fixed-price proposals sion analysis processes, as well as procedures view shall evaluate— and system resources, must be in place well be- are not disadvantaged when NASA seeks to pro- (1) the network’s ability to limit, detect, and fore a collision threat becomes known. cure technology development. monitor access to resources and information, SEC. 803. REQUESTS FOR INFORMATION. SEC. 902. COMMERCIAL CREW INITIATIVE. thereby safeguarding and protecting them from The Administrator shall issue requests for in- (a) IN GENERAL.—In order to stimulate com- unauthorized access; formation on— mercial use of space, help maximize the utility (2) the physical access to network resources; (1) a low-cost space mission with the purpose and productivity of the International Space Sta- and of rendezvousing with, attaching a tracking de- tion, and enable a commercial means of pro- (3) the extent to which sensitive research and vice, and characterizing the Apophis asteroid; viding crew transfer and crew rescue services for mission data is encrypted. and the International Space Station, NASA shall— (b) RESTRICTED REPORT ON INTRUSIONS.—Not (2) a medium-sized space mission with the pur- (1) make use of United States commercially later than one year after the date of enactment pose of detecting near-Earth objects equal to or provided International Space Station crew of this Act, and in conjunction with the report greater than 140 meters in diameter. transfer and crew rescue services to the max- described in subsection (a), the Comptroller Gen- SEC. 804. ESTABLISHMENT OF POLICY WITH RE- imum extent practicable, if those commercial eral shall transmit to the Committee on Science SPECT TO THREATS POSED BY NEAR- services have demonstrated the capability to and Technology of the House of Representatives EARTH OBJECTS. meet NASA-specified ascent, entry, and Inter- and the Committee on Commerce, Science, and Within 2 years after the date of enactment of national Space Station proximity operations Transportation of the Senate a restricted report this Act, the Director of the OSTP shall— safety requirements; detailing results of vulnerability assessments (1) develop a policy for notifying Federal (2) limit, to the maximum extent practicable, conducted by the Government Accountability agencies and relevant emergency response insti- the use of the Crew Exploration Vehicle to mis- Office on NASA’s network resources. Intrusion tutions of an impending near-Earth object sions carrying astronauts beyond low Earth attempts during such vulnerability assessments threat, if near-term public safety is at risk; and orbit once commercial crew transfer and crew shall be divulged to NASA senior management (2) recommend a Federal agency or agencies to rescue services that meet safety requirements be- prior to their application. The report shall put be responsible for— come operational; vulnerability assessment results in the context of (A) protecting the United States from a near- (3) facilitate, to the maximum extent prac- unauthorized accesses or attempts during the Earth object that is expected to collide with ticable, the transfer of NASA-developed tech- prior two years and the corrective actions, re- Earth; and nologies to potential United States commercial cent or ongoing, that NASA has implemented in

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conjunction with other Federal authorities to urements of solar wind from the L–1 Lagrangian (b) INDEPENDENT COST ESTIMATES.—The prevent such intrusions. point in space and for the dissemination of the agreements described in subsection(a) shall in- SEC. 1002. MAINTENANCE AND UPGRADE OF CEN- data for operational purposes. OSTP shall con- clude independent estimates of the life cycle TER FACILITIES. sult with NASA, NOAA, and other Federal costs and technical readiness of missions as- (a) IN GENERAL.—In order to sustain healthy agencies, and with industry, in developing the sessed in the decadal surveys whenever possible. Centers that are capable of carrying out NASA’s plan. (c) REEXAMINATION.—The Administrator shall missions, the Administrator shall ensure that (2) REPORT.—The Director shall transmit the request that each National Academies decadal adequate maintenance and upgrading of those plan to Congress not later than 1 year after the survey committee identify any conditions or Center facilities is performed on a regular basis. date of enactment of this Act. events, such as significant cost growth or sci- (b) REVIEW.—The Administrator shall deter- (b) ASSESSMENT OF THE IMPACT OF SPACE entific or technological advances, that would mine and prioritize the maintenance and up- WEATHER ON AVIATION.— warrant NASA asking the National Academies grade backlog at each of NASA’s Centers and (1) STUDY.—The Director of OSTP shall enter to reexamine the priorities that the decadal sur- associated facilities, and shall develop a strat- into an arrangement with the National Re- vey had established. egy and budget plan to reduce that maintenance search Council for a study of the impacts of SEC. 1105. INNOVATION PRIZES. space weather on the current and future United and upgrade backlog by 50 percent over the next (a) IN GENERAL.—Prizes can play a useful role five years. States aviation industry, and in particular to in encouraging innovation in the development (c) REPORT.—The Administrator shall deliver examine the risks for Over-The-Pole (OTP) and of technologies and products that can assist a report to Congress on the results of the activi- Ultra-Long-Range (ULR) operations. The study NASA in its aeronautics and space activities, ties undertaken in subsection (b) concurrently shall— and the use of such prizes by NASA should be (A) examine space weather impacts on, at a with the delivery of the fiscal year 2011 budget encouraged. minimum, communications, navigation, avi- request. (b) AMENDMENTS.—Section 314 of the National onics, and human health in flight; SEC. 1003. ASSESSMENT OF NASA LABORATORY Aeronautics and Space Act of 1958 is amended— (B) assess the benefits of space weather infor- CAPABILITIES. (1) by amending subsection (b) to read as fol- mation and services to reduce aviation costs and (a) IN GENERAL.—NASA’s laboratories are a lows: maintain safety; and critical component of NASA’s research capabili- ‘‘(b) TOPICS.—In selecting topics for prize (C) provide recommendations on how NOAA, ties, and the Administrator shall ensure that competitions, the Administrator shall consult the National Science Foundation, and other rel- those laboratories remain productive. widely both within and outside the Federal Gov- evant agencies, can most effectively carry out (b) REVIEW.—The Administrator shall enter ernment, and may empanel advisory committees. research and monitoring activities related to into an arrangement for an independent exter- The Administrator shall give consideration to space weather and aviation. nal review of NASA’s laboratories, including (2) REPORT.—A report containing the results prize goals such as the demonstration of the laboratory equipment, facilities, and support of the study shall be provided to the Committee ability to provide energy to the lunar surface services, to determine whether they are equipped on Science and Technology of the House of Rep- from space-based solar power systems, dem- and maintained at a level adequate to support resentatives and the Committee on Commerce, onstration of innovative near-Earth object sur- NASA’s research activities. The assessment shall Science, and Transportation of the Senate not vey and deflection strategies, and innovative also include an assessment of the relative qual- later than 1 year after the date of enactment of approaches to improving the safety and effi- ity of NASA’s in-house laboratory equipment this Act. ciency of aviation systems.’’; and and facilities compared to comparable labora- (2) in subsection (i)(4) by striking SEC. 1102. INITIATION OF DISCUSSIONS ON DE- tories elsewhere. The results of the review shall VELOPMENT OF FRAMEWORK FOR ‘‘$10,000,000’’ and inserting ‘‘$50,000,000’’. be provided to the Committee on Science and SPACE TRAFFIC MANAGEMENT. SEC. 1106. COMMERCIAL SPACE LAUNCH RANGE Technology of the House of Representatives and (a) FINDING.—Congress finds that as more STUDY. the Committee on Commerce, Science, and countries acquire the capability for launching (a) STUDY BY INTERAGENCY COMMITTEE.—The Transportation of the Senate not later than 18 payloads into outer space, there is an increasing Director of OSTP shall work with other appro- months after the date of enactment of this Act. need for a framework under which information priate Federal agencies to establish an inter- SEC. 1004. STUDY AND REPORT ON PROJECT AS- intended to promote safe access into outer space, agency committee to conduct a study to— SIGNMENT AND WORK ALLOCATION operations in outer space, and return from outer (1) identify the issues and challenges associ- OF FIELD CENTERS. space to Earth free from physical or radio-fre- ated with establishing space launch ranges and (a) STUDY.— quency interference can be shared among those facilities that are fully dedicated to commercial (1) IN GENERAL.—Not later than 180 days after countries. space missions in close proximity to Federal the date of enactment of this Act, the Adminis- (b) DISCUSSIONS.—The Administrator shall, in launch ranges or other Federal facilities; and trator shall complete a study of all field centers consultation with such other agencies of the (2) develop a coordinating mechanism such of NASA, including the Michoud Assembly Fa- Federal Government as the Administrator con- that States seeking to establish such commercial cility. siders appropriate, initiate discussions with the space launch ranges will be able to effectively (2) MATTERS STUDIED.—The study required by appropriate representatives of other space- and efficiently interface with the Federal Gov- paragraph (1) shall include the mission and fu- faring countries to determine an appropriate ernment concerning issues related to the estab- ture roles and responsibilities of the field cen- frame-work under which information intended lishment of such commercial launch ranges in ters, including the Michoud Assembly Facility, to promote safe access into outer space, oper- close proximity to Federal launch ranges or described in paragraph (1). ations in outer space, and return from outer other Federal facilities. (b) REPORT.— space to Earth free from physical or radio-fre- (b) REPORT.—The Director shall, not later (1) IN GENERAL.—Not later than 180 days after quency interference can be shared among those than May 31, 2010, submit to the Committee on the date of enactment of this Act, the Adminis- nations. Science and Technology of the House of Rep- trator shall submit to the appropriate congres- SEC. 1103. ASTRONAUT HEALTH CARE. resentatives and the Committee on Commerce, sional committees a report on the study required (a) SURVEY.—The Administrator shall admin- Science, and Transportation of the Senate a re- by subsection (a)(1). ister an anonymous survey of astronauts and port on the results of the study conducted under (2) CONTENT.—The report required by para- flight surgeons to evaluate communication, rela- subsection (a). graph (1) shall include the following: tionships, and the effectiveness of policies. The SEC. 1107. NASA OUTREACH PROGRAM. (A) A comprehensive analysis of the work al- survey questions and the analysis of results (a) ESTABLISHMENT.—NASA shall competi- location of all field centers of NASA, including shall be evaluated by experts independent of tively select an organization to partner with the Michoud Assembly Facility. NASA centers, aerospace contractors, and aca- (B) A description of the program and project NASA. The survey shall be administered on at demic institutions to carry out a program to roles, functions, and activities assigned to each least a biennial basis. (b) REPORT.—The Administrator shall trans- help promote the competitiveness of small, mi- field center, including the Michoud Assembly mit a report of the results of the survey to Con- nority-owned, and women-owned businesses in Facility. gress not later than 90 days following comple- communities across the United States through (C) Details on how field centers, including the tion of the survey. enhanced insight into the technologies of Michoud Assembly Facility, are selected and NASA’s space and aeronautics programs. The designated for lead and support role work as- SEC. 1104. NATIONAL ACADEMIES DECADAL SUR- VEYS. program shall support the mission of NASA’s In- signments (including program and contract (a) IN GENERAL.—The Administrator shall novative Partnerships Program with its empha- management assignments). enter into agreements on a periodic basis with sis on joint partnerships with industry, aca- TITLE XI—OTHER PROVISIONS the National Academies for independent assess- demia, government agencies, and national lab- SEC. 1101. SPACE WEATHER. ments, also known as decadal surveys, to take oratories. (a) PLAN FOR REPLACEMENT OF ADVANCED stock of the status and opportunities for Earth (b) PROGRAM STRUCTURE.—In carrying out COMPOSITION EXPLORER AT L–1 LAGRANGIAN and space science discipline fields and Aero- the program described in subsection (a), the or- POINT.— nautics research and to recommend priorities for ganization shall support the mission of NASA’s (1) PLAN.—The Director of OSTP shall de- research and programmatic areas over the next Innovative Partnerships Program by under- velop a plan for sustaining space-based meas- decade. taking the following activities:

VerDate Mar 15 2010 12:50 Apr 12, 2011 Jkt 069102 PO 00000 Frm 00057 Fmt 0688 Sfmt 6333 E:\BR08\H27SE8.002 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22739 (1) Facilitating the enhanced insight of the (2) voluntary attrition, the retirement of many (4) To perform independent cost estimation in private sector into NASA’s technologies in order senior workers, and difficulties in recruiting support of NASA decision making and establish- to increase the competitiveness of the private could leave NASA without access to the intellec- ment of standards for agency cost analysis. sector in producing viable commercial products. tual capital necessary to compete with its global (5) To ensure that budget formulation and (2) Creating a network of academic institu- competitors; and execution are consistent with strategic invest- tions, aerospace contractors, and NASA centers (3) NASA should work cooperatively with ment decisions of NASA. that will commit to donating appropriate tech- other agencies of the United States Government (6) To provide independent program and nical assistance to small businesses, giving pref- responsible for programs related to space and project reviews that address the credibility of erence to socially and economically disadvan- the aerospace industry to develop and imple- technical, cost, schedule, risk, and management taged small business concerns, small business ment policies, including those with an emphasis approaches with respect to available resources. concerns owned and controlled by service-dis- on improving science, technology, engineering, (7) To facilitate progress by NASA toward abled veterans, and HUBZone small business and mathematics education at all levels, to sus- meeting the commitments of NASA. concerns. This paragraph shall not apply to any tain and expand the diverse workforce available SEC. 1114. SENSE OF CONGRESS ON ELEVATING contracting actions entered into or taken by to NASA. THE IMPORTANCE OF SPACE AND NASA. SEC. 1111. METHANE INVENTORY. AERONAUTICS WITHIN THE EXECU- TIVE OFFICE OF THE PRESIDENT. (3) Creating a network of economic develop- Within 12 months after the date of enactment It is the sense of Congress that the President ment organizations to increase the awareness of this Act, the Director of OSTP, in conjunc- should elevate the importance of space and aer- and enhance the effectiveness of the program tion with the Administrator, the Administrator onautics within the Executive Office of the nationwide. of NOAA, and other appropriate Federal agen- President by organizing the interagency focus (c) REPORT.—Not later than 1 year after the cies and academic institutions, shall develop a on space and aeronautics matters in as effective date of enactment of this Act, and annually plan, including a cost estimate and timetable, a manner as possible, such as by means of the thereafter, the Administrator shall submit a re- and initiate an inventory of natural methane National Space Council authorized by section port to the Committee on Science and Tech- stocks and fluxes in the polar region of the 501 of the National Aeronautics and Space Ad- nology of the House of Representatives and the United States. Committee on Commerce, Science, and Transpor- ministration Authorization Act, Fiscal Year 1989 SEC. 1112. EXCEPTION TO ALTERNATIVE FUEL (42 U.S.C. 2471) or other appropriate mecha- tation of the Senate describing the efforts and PROCUREMENT REQUIREMENT. nisms. accomplishments of the program established Section 526(a) of the Energy Independence under subsection (a) in support of NASA’s Inno- and Security Act of 2007 (42 U.S.C. 17142(a)) SEC. 1115. STUDY ON LEASING PRACTICES OF FIELD CENTERS. vative Partnerships Program. As part of the re- does not prohibit NASA from entering into a (a) STUDY.—Not later than 180 days after the port, the Administrator shall provide— contract to purchase a generally available fuel date of enactment of this Act, the Administrator (1) data on the number of small businesses re- that is not an alternative or synthetic fuel or shall complete a study on the leasing practices ceiving assistance, jobs created and retained, predominantly produced from a nonconven- of all field centers of NASA, including the and volunteer hours donated by NASA, contrac- tional petroleum source, if— Michoud Assembly Facility. Such study shall tors, and academic institutions nationwide; (1) the contract does not specifically require include the following: (2) an estimate of the total dollar value of the the contractor to provide an alternative or syn- (1) The method by which overhead mainte- economic impact made by small businesses that thetic fuel or fuel from a nonconventional petro- nance expenses are distributed among tenants of received technical assistance through the pro- leum source; such field centers. gram; and (2) the purpose of the contract is not to obtain (3) an accounting of the use of funds appro- (2) Identification of the impacts of such meth- an alternative or synthetic fuel or fuel from a priated for the program. od on attracting businesses and partnerships to nonconventional petroleum source; and such field centers. SEC. 1108. REDUCTION-IN-FORCE MORATORIUM. (3) the contract does not provide incentives for (3) Identification of the steps that can be NASA shall not initiate or implement a reduc- a refinery upgrade or expansion to allow a re- taken to mitigate any adverse impacts identified tion-in-force, or conduct any other involuntary finery to use or increase its use of fuel from a under paragraph (2). separations of permanent, non-Senior Executive nonconventional petroleum source. Service, civil servant employees before December (b) REPORT.—Not later than 180 days after the SEC. 1113. SENSE OF CONGRESS ON THE IMPOR- 31, 2010, except for cause on charges of mis- date of enactment of this Act, the Administrator TANCE OF THE NASA OFFICE OF shall submit to the Committee on Science and conduct, delinquency, or inefficiency. PROGRAM ANALYSIS AND EVALUA- SEC. 1109. PROTECTION OF SCIENTIFIC CREDI- TION. Technology of the House of Representatives and BILITY, INTEGRITY, AND COMMU- (a) OFFICE OF PROGRAM ANALYSIS AND EVAL- the Committee on Commerce, Science, and NICATION WITHIN NASA. UATION.—It is the sense of Congress that it is Transportation of the Senate a report on the (a) SENSE OF THE CONGRESS.—It is the sense of important for NASA to maintain an Office of study required by subsection (a), including the Congress that NASA should not dilute, distort, Program Analysis and Evaluation that has as following: suppress, or impede scientific research or the its mission: (1) The findings of the Administrator with re- dissemination thereof. (1) To develop strategic plans for NASA in ac- spect to such study. (b) STUDY.—Within 60 days after the date of cordance with section 306 of title 5, United (2) A description of the impacts identified enactment of this Act, the Comptroller General States Code. under subsection (a)(2). shall— (2) To develop annual performance plans for (3) The steps identified under subsection (1) initiate a study to be completed within 270 NASA in accordance with section 1115 of title 31, (a)(3). days to determine whether the regulations set United States Code. SEC. 1116. COOPERATIVE UNMANNED AERIAL VE- forth in part 1213 of title 14, Code of Federal (3) To provide analysis and recommendations HICLE ACTIVITIES. Regulations, are being implemented in a clear to the Administrator on matters relating to the The Administrator, in cooperation with the and consistent manner by NASA to ensure the planning and programming phases of the Plan- Administrator of NOAA and in coordination dissemination of research; and ning, Programming, Budgeting, and Execution with other agencies that have existing civil ca- (2) transmit a report to the Congress setting system of NASA. pabilities, shall continue to utilize the capabili- forth the Comptroller General’s findings, con- (4) To provide analysis and recommendations ties of unmanned aerial vehicles as appropriate clusions, and recommendations. to the Administrator on matters relating to ac- in support of NASA and interagency cooperative (c) RESEARCH.—The Administrator shall work quisition management and program oversight, missions. The Administrator may enter into co- to ensure that NASA’s policies on the sharing of including cost-estimating processes, contractor operative agreements with universities with un- climate related data respond to the recommenda- cost reporting processes, and contract perform- manned aerial vehicle programs and related as- tions of the Government Accountability Office’s ance assessments. sets to conduct collaborative research and devel- report on climate change research and data- (b) OBJECTIVES.—It is further the sense of opment activities, including development of ap- sharing policies and to the recommendations on Congress that in performing those functions, the propriate applications of small unmanned aerial the processing, distribution, and archiving of objectives of the Office should be the following: vehicle technologies and systems in remote data by the National Academies Earth Science (1) To align NASA’s mission, strategic plan, areas. Decadal Survey, ‘‘Earth Science and Applica- budget, and performance plan with strategic SEC. 1117. DEVELOPMENT OF ENHANCED-USE tions from Space’’, and other relevant National goals and institutional requirements of NASA. LEASE POLICY. Academies reports, to enhance and facilitate (2) To provide objective analysis of programs (a) IN GENERAL.—The Administrator shall de- their availability and widest possible use to en- and institutions of NASA— velop an agency-wide enhanced-use lease policy sure public access to accurate and current data (A) to generate investment options for NASA; that— on global warming. and (1) is based upon sound business practices and SEC. 1110. SENSE OF CONGRESS REGARDING THE (B) to inform strategic decision making in lessons learned from the demonstration centers; NEED FOR A ROBUST WORKFORCE. NASA. and It is the sense of Congress that— (3) To enable cost-effective, strategically (2) establishes controls and procedures to en- (1) a robust and highly skilled workforce is aligned execution of programs and projects by sure accountability and protect the interests of critical to the success of NASA’s programs; NASA. the Government.

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(b) CONTENTS.—The policy required by sub- source, as well as NASA’s other centers and fa- troller General of the United States shall submit section (a) shall include the following: cilities. to Congress a report that contains a review of (1) Criteria for determining whether en- SEC. 1119. REPORT ON U.S. INDUSTRIAL BASE NASA programs and associated activities with hanced-use lease provides better economic value FOR LAUNCH VEHICLE ENGINES. an annual funding level of more than to the Government than other options, such as— Not later than 180 days after the date of En- $50,000,000 that appear to be similar in scope (A) Federal financing through appropriations; actment of this Act, the Director of the Office of and purpose to other activities within the Fed- or Science and Technology Policy shall submit to eral government, that includes— (B) sale of the property. Congress a report setting forth the assessment of (1) a brief description of each NASA program (2) Requirement for the identification of pro- the Director as to the capacity of the United reviewed and its subordinate activities; posed physical and procedural changes needed States industrial base for development and pro- (2) the annual and cumulative appropriation to ensure security and restrict access to specified duction of engines to meet United States Gov- amounts expended for each program reviewed areas, coordination of proposed changes with ernment and commercial requirements for space and its subordinate activities since fiscal year existing site tenants, and development of esti- launch vehicles. The Report required by this 2005; mated costs of such changes. section shall include information regarding ex- (3) a brief description of each Federal program (3) Measures of effectiveness for the en- isting, pending, and planned engine develop- and its subordinate activities that appears to hanced-use lease program. ments across a broad spectrum of thrust capa- have a similar scope and purpose to a NASA (4) Accounting controls and procedures to en- bilities, including propulsion for sub-orbital, program; and sure accountability, such as an audit trail and small, medium, and heavy-lift space launch ve- (4) a review of the formal and informal proc- documentation to readily support financial hicles. esses by which NASA coordinates with other transactions. SEC. 1120. SENSE OF CONGRESS ON PRECURSOR Federal agencies to ensure that its programs (c) ANNUAL REPORT.—Section 315(f) of the Na- INTERNATIONAL SPACE STATION RE- and activities are not duplicative of similar ef- tional Aeronautics and Space Administration SEARCH. forts within the Federal government and that Act of 1958 (42 U.S.C. 2459j(f)) is amended to It is the Sense of Congress that NASA is tak- the programs and activities meet the core mis- read as follows: ing positive steps to utilize the Space Shuttle as sion of NASA, and the degree of transparency ‘‘(f) REPORTING REQUIREMENTS.—The Admin- a platform for precursor International Space and accountability afforded by those processes. istrator shall submit an annual report by Janu- Station research by maximizing to the extent (b) DUPLICATIVE PROGRAMS.—If the Comp- ary 31st of each year. Such report shall include practicable the use of middeck accommodations, troller General determines, under subsection the following: including soft stowage, for near-term scientific (a)(4), that any deficiency exists in the NASA ‘‘(1) Information that identifies and quantifies and commercial applications on remaining procedures intended to avoid or eliminate con- the value of the arrangements and expenditures Space Shuttle flights, and the Administrator is flict or duplication with other Federal agency of revenues received under this section. strongly encouraged to continue to promote the activities, the Comptroller General shall include ‘‘(2) The availability and use of funds re- effective utilization of the Space Shuttle for pre- a recommendation as to how such procedures ceived under this section for the Agency’s oper- cursor research within the constraints of the should be modified to ensure similar programs ating plan.’’. International Space Station assembly require- and associated activities can be consolidated, (d) DISTRIBUTION OF CASH CONSIDERATION RE- ments. eliminated, or streamlined within NASA or with- CEIVED.— SEC. 1121. LIMITATION ON FUNDING FOR CON- in other Federal agencies to improve efficiency. (1) IN GENERAL.—Section 315(b)(3)(B) of such FERENCES. The SPEAKER pro tempore. Pursu- Act (42 U.S.C. 2459j(b)(3)(B)) is amended to read (a) IN GENERAL.—There are authorized to be ant to the rule, the gentleman from as follows: appropriated not more than $5,000,000 for any Tennessee (Mr. GORDON) and the gen- ‘‘(B) Of any amounts of cash consideration expenses related to conferences, including con- received under this subsection that are not uti- ference programs, travel costs, and related ex- tleman from Texas (Mr. HALL) each lized in accordance with subparagraph (A)— penses. No funds authorized under this Act may will control 20 minutes. ‘‘(i) 35 percent shall be deposited in a capital be used to support a Space Flight Awareness The Chair recognizes the gentleman asset account to be established by the Adminis- Launch Honoree Event conference. The total from Tennessee. trator, shall be available for maintenance, cap- amount of the funds available under this Act for GENERAL LEAVE ital revitalization, and improvements of the real other Space Flight Awareness Honoree-related property assets and related personal property Mr. GORDON of Tennessee. Mr. activities in fiscal year 2009 may not exceed 1⁄2 of under the jurisdiction of the Administrator, and Speaker, I ask unanimous consent that the total amount of funds from all sources obli- all Members may have 5 legislative shall remain available until expended; and gated or expended on such activities in fiscal ‘‘(ii) the remaining 65 percent shall be avail- year 2008. days to revise and extend their re- able to the respective center or facility of the (b) QUARTERLY REPORTS.—The Administrator marks and to include extraneous mate- Administration engaged in the lease of non- shall submit quarterly reports to the Inspector rial on H.R. 6063, the bill now under excess real property, and shall remain available General of NASA regarding the costs and con- consideration. until expended for maintenance, capital revital- tracting procedures relating to each conference The SPEAKER pro tempore. Is there ization, and improvements of the real property held by NASA during fiscal year 2009 for which objection to the request of the gen- assets and related personal property at the re- the cost to the Government is more than $20,000. spective center or facility subject to the concur- tleman from Tennessee? Each report shall include, for each conference There was no objection. rence of the Administrator.’’. described in that subsection held during the ap- (2) CONFORMING AMENDMENTS.—Section 533 of plicable quarter— Mr. GORDON of Tennessee. Mr. the Consolidated Appropriations Act, 2008 (1) a description of the subject of and number Speaker, I yield myself such time as I (Pub1ic Law 110–161; 121 Stat. 1931) is amend- of participants attending, the conference, in- may consume. ed— cluding the number of NASA employees attend- Mr. Speaker, I rise today to speak in (A) by amending subsection (b)(4) to read as ing and the number of contractors attending at strong support of H.R. 6063, the NASA follows: agency expense; Authorization Act of 2008, as amended ‘‘(4) in paragraph (2), as redesignated by (2) a detailed statement of the costs to the by the Senate. As you know, the House paragraph (3) of this subsection, by adding at Government relating to the conference, includ- the end the following new subparagraph: ing— first passed H.R. 6063 on June 18 by an ‘‘ ‘(C) Amounts utilized under subparagraph (A) the cost of any food or beverages; overwhelming vote of 409–15. After re- (B) may not be utilized for daily operating (B) the cost of any audio-visual services; and ceiving this strong bipartisan mandate, costs.’.’’; and (C) a discussion of the methodology used to we worked with our counterparts in (B) in subsection (d)— determine which costs relate to the conference; the Senate over the summer to ensure (i) by striking ‘‘the following new subsection and that the legislation before us today (f)’’ and inserting ‘‘the following new sub- D) cost of any room, board, travel, and per section’’; and diem expenses; and would continue to reflect the priorities (ii) in the quoted matter, by redesignating (3) a description of the contracting procedures and policies endorsed by this body. subsection (f) as subsection (g). relating to the conference, including— I believe that we succeeded in that SEC. 1118. SENSE OF CONGRESS WITH RESPECT (A) whether contracts were awarded on a effort, and I want to express my appre- TO THE MICHOUD ASSEMBLY FACIL- competitive basis for that conference; and ciation to the Space and Aeronautics ITY AND NASA’S OTHER CENTERS (B) a discussion of any cost comparison con- Subcommittee Chair, Mr. MARK UDALL, AND FACILITIES. ducted by NASA in evaluating potential con- for his leadership in introducing this It is the sense of Congress that the Michoud tractors for that conference. bill and successfully shepherding it Assembly Facility represents a unique resource SEC. 1122. REPORT ON NASA EFFICIENCY AND in the facilitation of the Nation’s exploration PERFORMANCE. through the legislative process. programs and that every effort should be made (a) IN GENERAL.—Not later than 1 year after I also want to thank my friends on to ensure the effective utilization of that re- the date of enactment of this Act, the Comp- the minority, Ranking Member RALPH

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HALL and subcommittee Ranking Mem- study of the impact of current export refer to it as NASA. It is a good time ber TOM FEENEY for their constructive policies on commercial and civil space to reflect on really how far our Nation participation in the development of activities. I think it is very important has come in a half century, but it is this legislation. Of course, I want to that such a review occur, and I am dis- also an opportunity to reaffirm our express my appreciation to Senators appointed that the provisions had to be commitment to space flight and inno- BILL NELSON and DAVID VITTER for dropped. But I am encouraged that vation. their efforts in helping to forge the bi- there is likely to be movement on this H.R. 6063 authorizes NASA for fiscal partisan compromise that we will be issue once the next administration year 2009. It is the product of close bi- voting on today. takes office. partisan and bicameral consultation Finally, I want to thank the House In terms of additions to the earlier and cooperation, and I urge its support. and Senate staff on both sides of the versions of H.R. 6063, this bill contains H.R. 6063 is a 1-year authorization. aisle who tirelessly supported our ef- a prohibition against NASA taking any The intent of the bill is to keep NASA forts to get this legislation developed steps prior to April 30th of next year on its current path towards completing and enacted. In that regard I want to that would preclude the President from the International Space Station, specifically recognize Dick Obermann, being able to continue to fly the Space transitioning between the Space Shut- the staff director of the Space and Aer- Shuttle past 2010. That provision tle and the next crew vehicle, and onautics Subcommittee; Pam Whitney, should not be construed as a congres- maintaining a balanced set of science Allen Li, Devin Bryant, John Piazza sional endorsement of extending the and aeronautics research programs. It and Wendy Adams of the committee’s life of the shuttle program beyond the also reaffirms Congress’ long-standing majority staff; as well as Ed Feddeman, additional flight added by this bill to commitment to NASA and to its pro- Ken Monroe, Lee Arnold and Katy deliver the AMS to the International grams. Crooks of the committee’s minority Space Station. Rather, it reflects our But by being a 1-year bill, H.R. 6063 is staff. common belief that the decision of designed to give the next President an Mr. Speaker, I believe that the char- whether or not to extend the shuttle opportunity to work with the next Con- acterization of H.R. 6063 that I gave past its planned 2010 retirement date gress in order to fashion a long-term back in June is still very valid. The should be left to the next President and strategy that is consistent with the ad- legislation before us today retains the Congress, especially since both of the ministration’s desires, as well as Con- key provisions and principles of that Presidential candidates have asked for gress. earlier version of the bill. As a result, that flexibility to make that decision. H.R. 6063 contains a number of im- I will not spend our limited time today In addition, NASA has indicated that portant provisions. It authorizes $20.2 describing the provisions of H.R. 6063 in delaying the shuttle shutdown activi- billion for NASA for FY 2009, including detail. Instead, I would simply like to ties until at least April 30 of next year $1 billion to accelerate development of make the following points. will not impose additional costs on the the new Constellation crew vehicle H.R. 6063 is a fiscally responsible agency. So, on balance, I believe this is launch system as a replacement for the measure that sends a strong message a reasonable provision to include in space shuttle. This new launch system to the next administration that Con- this amended version of H.R. 6063. will provide our country with a mod- gress believes that investing in a bal- Mr. Speaker, the House-passed ern, more robust and safer manned anced NASA program of science, aero- version of H.R. 6063 was endorsed by a space flight capability that will enable nautics and human space flight and ex- host of organizations, ranging from the our astronauts to fly out of low Earth ploration is important and worthy of Association of American Universities orbit, an ability we haven’t had since our Nation’s support. I think that it is to the National Association of Manu- the retirements of Apollo over 30 years a valuable message for this Congress to facturers. I believe that they would ago. send, especially as we witness the agree that H.R. 6063, as amended by the As we are debating the bill today, emergence of other spacefaring nations Senate, is equally worthy of that sup- China has three men in orbit and the in the world who clearly recognize the port. scheduled space walk took place earlier value of such investments. As I mentioned earlier, we have today. They are fast accelerating their This bill contains a number of provi- worked hard to retain the key features space capabilities, and if we are to re- sions to ensure that NASA has properly of the House-passed bill, and I believe main the leader in space exploration, structured human space flight, science we are were successful in that effort. we must continue to innovate and ac- and exploration programs that can de- Mr. Speaker, next Wednesday marks celerate our programs. liver significant technological, sci- the 50th anniversary of the day that As most of you are aware, there is entific and geopolitical benefits to this the National Aeronautics and Space currently a substantial gap, as much as Nation. Administration officially opened for 5 years, between retiring the shuttle H.R. 6063 also demonstrates that business. I can think of no more fitting and bringing the next crew launch sys- NASA’s capabilities and programs are birthday present that Congress could tem online. During this gap, our Na- relevant to meeting our needs back bestow than this legislation, the NASA tion will be in the untenable position here on Earth and that properly uti- Authorization Act of 2008, because it of relying on Russia to assure a U.S. lized, those capabilities and programs provides direction and support for the presence on the international space can deliver a significant societal eco- agency that will enable NASA during station. I find this unacceptable. nomic return to our investment in the next 50 years to be as productive Therefore, I am pleased that this bill NASA. and exciting as it was in the last 50 authorizes extra funding for the new This legislation includes provisions years. launch system, thereby taking a step to ensure the future health of the Na- With that, I urge my colleagues to toward closing the gap and reducing tion’s aviation system and to develop vote to suspend the rules and pass H.R. our dependence on foreign partners. the tools needed to better understand 6063 by an overwhelming margin so As this is only a 1-year bill, I look and respond to the challenges of cli- that we can send it on to the President forward to working with the next ad- mate change and the contribution to for his signature. ministration to find further solutions achievement of our Nation’s innovative I reserve the balance of my time. to close the gap and preserve our own agenda Mr. HALL of Texas. Mr. Speaker, I human space flight capabilities. The bill before us today is not iden- yield myself such time as I may con- The bill also includes a number of tical to the one we passed in June, al- sume. provisions to encourage NASA, work- though it certainly retains the key I honor Chairman GORDON for point- ing with the private sector, to foster provisions of the earlier version of this ing out that this year marks the 50th development of domestic commercial legislation. For example, it did not anniversary of the National Aero- cargo launch capability primarily de- prove possible to retain the OSTP nautics and Space Administration. We signed to take supplies to the Space

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.002 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22742 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 Station. In addition, H.R. 6063 includes States civil space programs and pro- in the civil space program on a path language directing NASA to solicit for vides the next president with congres- that will help ensure our leadership in commercial crew launch capability. sional priorities for America’s future in aerospace and aeronautics. Both of these provisions confirm our aeronautics and civil space activities. This year, as has been mentioned, we commitment to advancing American I am very proud that this legislation celebrate the 50th anniversary of the space capabilities rather than relying has been a bipartisan effort every step U.S. space program and the creation of on foreign nations. of the way. Our bill passed quickly the National Aeronautics and Space In addition to human space flight, through the committee process, and on Administration. NASA has achieved re- the bill also advances a balanced and June 18 of this year, H.R. 6063 passed markable accomplishments over the robust space science, Earth science and the House by the overwhelming margin past decades in science and aeronautics aeronautics program. It embraces a of 409–15. and human space flight. All of us here number of recommendations that were Since that House passage, we have want to ensure that the next 50 years put forth by witnesses from govern- worked with our colleagues in the Sen- of our space program are equally ment, from industry, and I could name ate to craft a final version that reflects bright. them, who testified at hearings before the concerns and interests of Members This is a very good bill. I urge my our committee over the previous 18 in both Chambers of Congress. I am colleagues to pass it, as amended, to months. pleased that the Senate yesterday ensure continued United States leader- These are sensible provisions de- passed H.R. 6063, as amended, by unani- ship in NASA’s science, aeronautics signed to strengthen aeronautics, space mous consent. and human space flight and exploration science and Earth science research pro- I would like to thank Chairman GOR- programs. grams, encourage technology risk re- DON, Ranking Member HALL and sub- Mr. HALL of Texas. Mr. Speaker, I duction policies and activities, foster committee Ranking Member FEENEY might add on to the gentleman’s state- efficient technology transfer from for their support and hard work on this ment about Mr. Obermann. I think I NASA to other Federal agencies and to bill. am the one that employed him. When I the private sector, detect and mitigate I think a special acknowledgment is switched to be a Republican, I was the threat of near-Earth objects and re- due Congressman LAMPSON, who rep- going to try to make a Republican out search and monitor the effect of space resents the great City of Houston, and of him, but I don’t think I would have weather on satellites. who has been tireless in his support of been able to do that. The list is not exhaustive, but I want NASA. Mr. Speaker, I yield 5 minutes to the to mention these few examples to em- I also wanted to point out, I think, gentleman from California (Mr. ROHR- phasize to all Members the breadth of the great model that Congressman ABACHER). this bill and how it improves upon HALL and Congressman GORDON present Mr. ROHRABACHER. Mr. Speaker, I many of NASA’s activities and pro- us here in our House, where they work rise in strong support of the NASA Au- grams. Suffice it to say that NASA is together in a bipartisan fashion to thorization Act, H.R. 6063. I would like one of the most exciting and innova- make sure that NASA thrives, and is to salute Chairman BART GORDON and tive Federal agencies, and it serves as nurtured, and is in a position to excel Ranking Member RALPH HALL and Sub- a huge inspiration to our young people in the years in front of us. committee Chairman UDALL and Rank- to take a serious interest in math and I also want to also take a minute and ing Member FEENEY. science education. thank the excellent staff on both the They have done a terrific job this majority and minority side for their year. There has been no better example 1415 b outstanding work. On the Democratic of bipartisan cooperation and a spirit It also continues to inspire Ameri- side of the aisle, Dick Obermann, Pam of goodwill that I have ever found in cans, and it draws the admiration of Whitney, Allen Li, and Devin Bryant this Congress than what I have found nations worldwide. have all been instrumental in moving in these last 2 years on this committee. On the fiftieth anniversary of NASA, this bill forward, as has Wendy Adams I salute all those who are involved, and we should all be proud of what our Na- on my personal staff. I am very proud to be part of this tion has accomplished in the last half I want to make special mention of team. century. We should boldly push forward Wendy. I know she is here on a Satur- Space-based assets have become such with the excitement, support and an- day, giving the extra effort that always a part of our way of life that quite ticipation for what the next 50 years characterizes her work on behalf of the often they are taken for granted. Just hold. I am convinced that our greatest committee and, in particular, the sub- recently, when we experienced hurri- accomplishment lies in the frontiers committee. canes and noted the damage that was ahead. I also wanted to take another bit of done by these great natural catas- I want to thank Chairman GORDON time and mention Dick Obermann and trophes, sometimes people forget how and his staff. I want to thank my staff, tell him how much I respect him and much worse it would have been had we Ed Feddeman and Ken Monroe. They how much I have enjoyed working with not been tracking these hurricanes as worked closely with Dick Obermann. him on all my years on the committee. they headed towards populated areas. I also want to acknowledge the work He is, as everybody knows in this We were able to save many thousands of Senator KAY BAILEY HUTCHISON and House, the epitome of professionalism. of lives and save many billions of dol- her capable staff. It’s a good organiza- The House, the aerospace community, lars in damage because we have had tion, and I appreciate all of them. and I would say our country is fortu- space-based assets that permitted us to Mr. Speaker, I reserve the balance of nate to have his talents and intel- be able to make that contribution to my time. ligence and work ethic deployed on be- our fellow human beings, saving their Mr. GORDON of Tennessee. Mr. half of all of us. Dick, I will miss you lives and property in the face of an on- Speaker, I yield 5 minutes to my friend and look forward to working with you coming storm by giving them adequate from Colorado (Mr. UDALL) the chair- wherever I am next year. warning. man of the subcommittee and thank On the minority side, I want to thank We also know that today our tele- him for his good work on this legisla- Ed Feddeman, Kim Monroe and Lee Ar- phone calls are cheap, and they are tion. nold for their efforts as well. We have clear. But this is dramatically dif- Mr. UDALL of Colorado. Mr. Speak- truly worked together in a bipartisan ferent than what it was before we had er, I support the passage of H.R. 6063, fashion. space-based assets up there taking care the NASA Reauthorization Act of 2008, Now while the amended bill leaves of our communications. as amended by the Senate. H.R. 6063 out a set of House-passed provisions, I The fact is that space-based assets provides important direction and en- am confident that H.R. 6063, as amend- have permitted people to take time and sures the leadership of the United ed, remains a good bill and puts NASA to communicate with their loved ones.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.002 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22743 We talk about our country when we on continuing to be the world’s leading country, because it has such an impact talk about life, liberty, and the pursuit power in space. We can lead humankind on our standing in the world, our of happiness, talking to your grand- into a better era. We have done that in knowledge and inspiration for children father, or letting your children talk to the cause of human freedom. We will do and certainly our own standard of liv- their grandparents on the phone. that in the cause of technology and ing. When I was a kid, it cost maybe $5 or human development. I would mention two other programs $6, and you could barely hear on the I stand here with pride and join my that are included in this bill. One is phone. You could barely hear. It was so colleagues. I salute them for all the called the Space Technical Alliance expensive, you called once a month at hard work they have done and in ask- Outreach Program authorized in this the most. Now people can talk to their ing my colleagues to join me in author- bill. It helps small businesses grow, it loved ones. Space-based assets have izing NASA in this legislation. creates jobs, contributes to our econ- done this, have increased our happi- Mr. GORDON of Tennessee. Let me omy, as do many other things in the ness, our level of happiness in this first thank my friend from California bill; as well as a little bitty program world. for his great contribution to our com- like allowing children in their own Again, those communications sat- mittee. As a former chairman of this schools here on Earth to be able to ellites also have brought down the cost subcommittee, he is both knowledge- take pictures from space that ulti- of entertainment, as we know. The fact able and always very helpful. mately inspire them to want to study, is, the competition the space-based as- I would like to now yield 3 minutes and do study, more on those areas of sets have given to the cable industry to a very enthusiastic supporter of math and science and engineering. have brought down that cost. NASA from Houston, Texas, the chair- I encourage each of my colleagues to GPS guides us to our locations, man of the Energy subcommittee, Mr. vote positively on this bill and send a whether we are talking about jets or LAMPSON. strong signal that we are committed to talking about automobiles, or even Mr. LAMPSON. Thank you, Chair- space and exploration. where farmers will plant their crops. man GORDON, for giving me the time Mr. HALL of Texas. Mr. Speaker, I Space-based assets are making such a and also for the good work that you continue to reserve the balance of my difference in our lives. have done, not just in this bill, but in time. Of course, space-based assets are guiding this committee, this Science Mr. GORDON of Tennessee. Mr. making America much safer. When we Committee, for a long period of time Speaker, I yield 2 minutes to my friend meet adversaries overseas, our people and the great successes, also, to Chair- from Ohio (Mr. KUCINICH). have that advantage. It’s keeping us man UDALL in working with you on Mr. KUCINICH. I thank the gen- free, it’s keeping us safe. this committee; Ranking Members tleman. Of course, when you talk about safe- HALL and FEENEY for the work that Mr. Speaker, I rise in strong support ty, I have been particularly interested you all have done and staff, obviously, of H.R. 6063, the NASA Authorization in ensuring that we pay attention to in putting together, not just a good bill Act of 2008. the potential threat posed by near- here, but making it a pleasure to work I want to thank the committee chair- Earth objects. NASA, of course, has on the Science Committee for the last man, BART GORDON, and the sub- tracked and catalogued over 90 percent 2 years. committee chairman, MARK UDALL, for of those objects in space that could de- Mr. Speaker, I rise in very strong putting together this effective package stroy the human race, and we are very support of this NASA Authorization and my friends on the other side of the grateful for that job. But that leaves, Act. The $20 billion authorization dem- aisle for their support of it as well. of course, thousands of space objects onstrates Congress’ real commitment b 1430 that could cause horrendous damage to a NASA that can fully address ex- and loss of life that still need to be ploration and scientific discovery. This bill authorizes funds and speci- tracked. I just read an article about the Chi- fies policy guidance that will keep This bill authorizes $2 million to nese cheering as astronauts made their NASA’s centers, which are the heart of keep the Arecibo telescope functioning. first space walk last night. It reminded the agency, healthy and financially That Arecibo telescope in Puerto Rico me of what we have done over the last strong. is essential to this element of safety many decades, five decades, to be fairly H.R. 6063 provides $1 billion to accel- that we are providing by tracking near- precise, and how we seem to have lost erate the completion of the next gen- Earth objects. some of the commitment, because we eration of manned vehicles that will As I say, without the telescope, there have seen the budget of NASA decline replace the Space Shuttle. I am proud may be, perhaps, something, if we in the last many years from about 6 to say the world class facility at the learned early enough that we could de- percent of our Nation’s budget to about NASA Glenn Research Center in my flect that might come here and kill six-tenths of a percent of our Nation’s district will play a lead role in main- millions of people. We are paying at- budget. taining key aspects of tomorrow’s tention to this. This NASA authoriza- When you recognize that NASA in- space program. tion takes a step in the right direction spires children to study math, science, NASA Glenn also specializes in aero- there in keeping the Arecibo telescope and engineering and see that we have nautics basic research. This bill con- alive. slipped in relation to other places in tinues the record of excellence by pro- We should be cooperating in space. the world, some say because of that, viding $853 million for aeronautics, a 35 All of these things cost money, and maybe we really need another crisis. percent increase over fiscal year 2008. other countries have benefited by our We need another Sputnik to inspire us But the reason for NASA’s historical research. We need to cooperate with to recommit ourselves to what we can and continued successes are its work- Europe, Japan, Russia, and other coun- learn in space and what we can do in ers. They have brought NASA unparal- tries to make sure that we can accom- exploration and science in space. leled repute around the world, turning plish what we can do more by joining Well, I maintain that we have those it into an icon of intelligence and inno- them than if we were alone in this. beeps that some of us heard from Sput- vation. That is why this bill’s most im- However, that cooperation does not nik in 1957, that every time something portant provisions are those that pro- mean that we should not continue to occurs like China’s having its own tect workers. be the leaders in space activity. We space walker now, or another nation I want to thank the chairman of the will no longer be the leading power on launching some special craft or accom- Federal Workforce Subcommittee, the Earth unless we are the leading plishing some other task, each one of DANNY DAVIS, for working with me on power in space. those events is, indeed, a beep of that two critical workforce provisions that This is the 50th anniversary of NASA, Sputnik that we heard in 1957. We need are included in this bill. The most im- and it is fitting that we set our sights to make NASA a priority again in this portant provision is an extension of a

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.002 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22744 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 ban on layoffs until at least 2011. Since H. RES. 875 Whereas there are more than 90 courses of- announcing the ambitious vision for Whereas Mr. William A. Hadley, a high fered in Braille, large print, audiocassette, space exploration, the administration school teacher who lost his vision at the age and online and students study in their own has, unfortunately, underfunded NASA. of 55, and ophthalmologist Dr. E.V.L. Brown homes, at their own pace, completely free of charge; and But with equal consistency in a bipar- first welcomed students to the Hadley School for the Blind in 1920; Whereas student Christie Gilson is bridg- tisan way, Congress has rejected these Whereas the Hadley School for the Blind’s ing cultural boundaries by teaching visually cuts and layoffs. mission is to promote independent living impaired Chinese students English online: Layoffs undermine not only workers’ through lifelong, distance education pro- Now, therefore, be it lives and mission of the agency, but grams for blind people, their families and Mr. ALTMIRE (during the reading). also the regional economy. According blindness service providers; Mr. Speaker, I ask unanimous consent to researchers at Cleveland State Uni- Whereas over the past 87 years, the Hadley that the reading of the amendment be School has grown to have an annual enroll- versity, NASA Glenn in Brook Park dispensed with. generated a demand for products and ment of more than 10,000 students from all 50 states and 100 countries; The SPEAKER pro tempore. Is there services of $955 million and was respon- Whereas the Hadley School for the Blind objection to the request of the gen- sible for over 6,000 jobs in northeast has a high school degree program, an adult tleman from Pennsylvania? Ohio in 2006. continuing study program, and in 2008 will be There was no objection. This bill will also temporarily extend launching the Hadley School for Professional The amendment to the preamble was health care benefits for employees in Studies; agreed to. transition. The sudden loss of health Whereas the Hadley School for the Blind offers a wide range of distance education A motion to reconsider was laid on care coverage is a major factor cur- the table. rently discouraging employees from courses for blind or visually impaired indi- viduals who are at least 14 years of age, rel- f taking a buyout. The provision would atives of blind or visually impaired children, be helpful in fostering a respectful family members of blind or visually impaired NATIONAL WORK AND FAMILY workforce transition plan during this adults, and professionals in the blindness MONTH time at NASA. field; Again, this is a bipartisan bill. I want Whereas there are more than 90 courses of- Mr. ALTMIRE. Mr. Speaker, I ask to thank the Ohio delegation for sup- fered in Braille, large print, audiocassette, unanimous consent that the Com- porting our establishment as well as and online and students study in their own mittee on Education and Labor be dis- this Congress for the work that they homes, at their own pace, completely free of charged from further consideration of charge; and the resolution (H. Res. 1440) expressing have done on this. Whereas student Christine Gilson is bridg- Mr. HALL of Texas. Mr. Speaker, I support for designation of the month of ing cultural boundaries by teaching visually October as ‘‘National Work and Family yield back the balance of my time. impaired Chinese students English online: Mr. GORDON of Tennessee. Mr. Now, therefore, be it Month,’’ and ask for its immediate con- Speaker, I will quickly conclude by Resolved, That the House of Representa- sideration in the House. saying that just because we have all tives— The Clerk read the title of the resolu- talked nice here today and been civil (1) honors the important and positive im- tion. and we have a bipartisan bill, doesn’t pact the Hadley School for the Blind has had The SPEAKER pro tempore. Is there on the lives of thousands of visually im- mean that this was not a difficult bill objection to the request of the gen- paired people across the globe; and tleman from Pennsylvania? to put together. A lot of work went (2) supports their mission to promote inde- into this, a lot of respectful collabora- pendent living through lifelong, distance There was no objection. tion on a bipartisan way. We have a education programs for blind people, their The text of the resolution is as fol- good bill. I thank my friends for help- families and blindness service providers. lows: ing. The resolution was agreed to. H. RES. 1440 Mr. GORDON of Tennessee. I yield AMENDMENT TO THE PREAMBLE OFFERED BY Whereas according to the report by back the balance of my time. MR. ALTMIRE WorldatWork titled ‘‘Attraction and Reten- The SPEAKER pro tempore. The Mr. ALTMIRE. I have an amendment tion’’, the quality of workers’ jobs and the question is on the motion offered by to the preamble at the desk. supportiveness of their workplaces are key the gentleman from Tennessee (Mr. The Clerk read as follows: predictors of job productivity, job satisfac- tion, commitment to employers, and reten- GORDON) that the House suspend the Amendment to the preamble offered by Mr. tion; rules and concur in the Senate amend- ALTMIRE: Strike the preamble and insert the fol- Whereas employees who have more access ment to the bill, H.R. 6063. to flexible work arrangements enabling em- The question was taken; and (two- lowing: Whereas Mr. William A. Hadley, a high ployees to balance family and work are sig- thirds being in the affirmative) the school teacher who lost his vision at the age nificantly more satisfied with their jobs, are rules were suspended and the Senate of 55, and ophthalmologist Dr. E.V.L. Brown more satisfied with their lives, and experi- amendment was concurred in. first welcomed students to the Hadley ence less interference between their jobs and A motion to reconsider was laid on School for the Blind in 1920; family lives than those employees who have the table. Whereas the Hadley School for the Blind’s less access to flexible work arrangements, according to the Families and Work Insti- f mission is to promote independent living through lifelong, distance education pro- tute 2002 National Study of the Changing HONORING AND SUPPORTING THE grams for blind people, their families and Workforce; HADLEY SCHOOL FOR THE BLIND blindness service providers; Whereas according to the 2004 report ‘‘Overwork in America’’, employees who are Mr. ALTMIRE. Mr. Speaker, I ask Whereas over the past 87 years, the Hadley School has grown to have an annual enroll- able to effectively balance family and work unanimous consent that the Com- ment of more than 10,000 students from all 50 responsibilities are less likely to report mittee on Education and Labor be dis- states and 100 countries; making mistakes, or feel resentment toward charged from further consideration of Whereas the Hadley School for the Blind employers and coworkers; H. Res. 875 and ask for its immediate has a high school degree program, an adult Whereas employees who are able to effec- consideration in the House. continuing study program, and in 2008 will be tively balance family and work responsibil- The Clerk read the title of the resolu- launching the Hadley School for Professional ities tend to feel more successful in their re- tion. Studies; lationships with their spouses, children, and The SPEAKER pro tempore (Mr. Whereas the Hadley School for the Blind friends, and tend to feel healthier; offers a wide range of distance education Whereas 85 percent of United States wage LAMPSON). Is there objection to the re- courses for blind or visually impaired indi- and salaried workers have immediate, day- quest of the gentleman from Pennsyl- viduals who are at least 14 years of age, rel- to-day family responsibilities outside of vania? atives of blind or visually impaired children, their jobs; There was no objection. family members of blind or visually impaired Whereas research by the Radcliffe Public The text of the resolution is as fol- adults, and professionals in the blindness Policy Center in 2000 revealed that men in lows: field; their 20s and 30s, and women in their 20s, 30s,

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(a) SHORT TITLE.—This Act may be cited as the ‘‘Charity Enhancement Act of 2008’’. under the age of 18 who live with them at The resolution was agreed to. least half-time; (b) AMENDMENT OF 1986 CODE.—Except as Whereas job flexibility often allows par- AMENDMENT TO THE PREAMBLE OFFERED BY otherwise expressly provided, whenever in ents to be more involved in their children’s MR. ALTMIRE this Act an amendment or repeal is ex- lives, and research reveals that parental in- Mr. ALTMIRE. I have an amendment pressed in terms of an amendment to, or re- volvement is associated with children’s high- to the preamble at the desk. peal of, a section or other provision, the ref- er achievement in language and mathe- The Clerk read as follows: erence shall be considered to be made to a section or other provision of the Internal matics, improved behavior, greater academic Amendment to the preamble offered by Mr. persistence, and lower dropout rates; Revenue Code of 1986. ALTMIRE: Whereas the 2000 Urban Working Families In the preamble, strike the tenth through (c) TABLE OF CONTENTS.—The table of con- study revealed that a lack of job flexibility fourteenth Whereas clauses, and insert the tents for this Act is as follows: for working parents negatively affects chil- following: Sec. 1. Short title, etc. dren’s health in ways that range from chil- Whereas according to a Centers for Disease Sec. 2. Funds advised by certain public char- dren being unable to make needed doctors’ Control and Prevention (CDC) report, less ities and governmental entities appointments, to children receiving inad- than half of mothers who work full time ex- not treated as donor advised equate early care, leading to more severe and clusively breastfeed their newborns, al- funds. prolonged illness; though support for lactation at work bene- Sec. 3. Certain scholarship distributions Whereas according to a Centers for Disease fits individual families as well as employers from donor advised funds not Control and Prevention (CDC) report, via improved productivity and staff loyalty, treated as taxable distribu- breastfeeding is the most beneficial form of and decreased absenteeism and employee tions. infant nutrition, and the greater the dura- turnover; Sec. 4. Repeal of special written acknowl- tion of breastfeeding, the lower the odds of Whereas according to the CDC, edgment requirement for chari- pediatric overweight and obesity; breastfeeding is the most beneficial form of table contributions to donor ad- Whereas according to the CDC less than infant nutrition, and the greater the dura- vised funds. half of mothers who work full time exclu- tion of breastfeeding, the lower the odds of sively breastfeed their newborns; Sec. 5. Reasonable compensation paid by pediatric obesity; supporting organizations to Whereas according to the CDC, support for Whereas studies report that family rituals, lactation at work benefits individual fami- substantial contributors not such as sitting down to dinner together, treated as an excess benefit. lies as well as employers via improved pro- positively influence children’s health and de- ductivity and staff loyalty, enhanced public Sec. 6. Exception from holdings and payout velopment, and that healthy lifestyle habits, requirements for longstanding, image of the employer, and decreased absen- including healthy eating and physical activ- teeism, health care costs, and employee fully funded type III supporting ity, can lower the risk of becoming obese and organizations. turnover; developing related diseases; Whereas studies show that one-third of Sec. 7. Contributions by Indian tribal gov- children and adolescents in the United Mr. ALTMIRE (during the reading). ernments treated same as con- States are obese or overweight and healthy Mr. Speaker, I ask unanimous consent tributions by States. lifestyle habits, including healthy eating and that the reading of the amendment be Sec. 8. Electronic filing of exempt organiza- physical activity, can lower the risk of be- dispensed with. tion annual returns. coming obese and developing related dis- The SPEAKER pro tempore. Is there Sec. 9. Expansion of bad check penalty to eases; objection to the request of the gen- electronic payments, etc. Whereas studies report that family rituals, tleman from Pennsylvania? SEC. 2. FUNDS ADVISED BY CERTAIN PUBLIC such as sitting down to dinner together and CHARITIES AND GOVERNMENTAL sharing activities on weekends and holidays, There was no objection. ENTITIES NOT TREATED AS DONOR positively influence children’s health and de- The amendment to the preamble was ADVISED FUNDS. velopment, and that children who ate dinner agreed to. (a) IN GENERAL.—Subparagraph (B) of sec- with their family every day consumed nearly A motion to reconsider was laid on tion 4966(d)(2) is amended by striking ‘‘or’’ at a full serving more of fruits and vegetables the table. the end of clause (i), by striking the period per day than those who never ate family din- at the end of clause (ii) and inserting ‘‘, or’’, ners or only did so occasionally; f and by adding at the end the following new clause: Whereas furthermore, unpaid family care- GENERAL LEAVE givers will likely continue to be the largest ‘‘(iii) if all contributions to such fund or source of long-term care services in the Mr. ALTMIRE. Mr. Speaker, I ask account have been made, and all advisory United States for elderly United States citi- unanimous consent that all Members privileges referred to in subparagraph (A)(iii) zens and are estimated by the Department of may have 5 legislative days in which to with respect to such fund or account have Health and Human Service to reach 37,000,000 revise and extend their remarks and to been exercised, by either— ‘‘(I) one or more organizations described in caregivers by 2050, an increase of 85 percent insert extraneous material into the from 2000, as an increasing number of baby clause (i), (ii), (iii), (iv), or (vi) of section boomers reach retirement age in record RECORD on the matters that were just 170(b)(1)(A) or section 509(a)(2), or numbers; and considered. ‘‘(II) one or more entities described in sec- Whereas the month of October would be an The SPEAKER pro tempore. Is there tion 170(c)(1).’’. appropriate month to designate as ‘‘National objection to the request of the gen- (b) EFFECTIVE DATE.—The amendments Work and Family Month’’: Now, therefore, tleman from Pennsylvania? made by this section shall apply to taxable be it There was no objection. years ending after the date of the enactment Resolved, That the House of Representa- of this Act. f tives— SEC. 3. CERTAIN SCHOLARSHIP DISTRIBUTIONS (1) supports the designation of ‘‘National CHARITY ENHANCEMENT ACT OF FROM DONOR ADVISED FUNDS NOT Work and Family Month’’; TREATED AS TAXABLE DISTRIBU- (2) recognizes the importance of balancing 2008 TIONS. work and family to job productivity and Mr. LEWIS of Georgia. Mr. Speaker, (a) IN GENERAL.—Subsection (c) of section healthy families; I move to suspend the rules and pass 4966 is amended by adding at the end the fol- (3) recognizes that an important job char- the bill (H.R. 7083) to amend the Inter- lowing new paragraph: acteristic is a work schedule that allows em- nal Revenue Code of 1986 to enhance ‘‘(3) EXCEPTION FOR CERTAIN SCHOLARSHIP ployees to spend time with families; DISTRIBUTIONS.— (4) supports the goals and ideas of ‘‘Na- charitable giving and improve disclo- ‘‘(A) IN GENERAL.—The term ‘taxable dis- tional Family and Work Month’’, and urges sure and tax administration. tribution’ shall not include any qualified public officials, employers, employees, and The Clerk read the title of the bill. scholarship distribution from a qualified the general public to work together to The text of the bill is as follows: scholarship fund.

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‘‘(B) QUALIFIED SCHOLARSHIP DISTRIBU- ‘‘(8) EXCEPTION FOR CERTAIN LONGSTANDING ning after the date of the enactment of this TION.—The term ‘qualified scholarship dis- FULLY FUNDED TYPE III SUPPORTING ORGANIZA- Act. tribution’ means any grant to a natural per- TIONS.—Paragraph (1) shall not apply to any SEC. 9. EXPANSION OF BAD CHECK PENALTY TO son for travel, study, or other similar pur- organization if— ELECTRONIC PAYMENTS, ETC. poses made from a donor advised fund if all ‘‘(A) the organization was established be- (a) IN GENERAL.—Section 6657 (relating to such grants meet the requirements of sub- fore January 1, 1970, bad checks) is amended by adding at the end section (d)(2)(B)(ii)(III). ‘‘(B) the organization has not accepted any the following: ‘‘Except as otherwise provided ‘‘(C) QUALIFIED SCHOLARSHIP FUND.—The substantial contributions after December 31, by the Secretary, any authorization of a pay- term ‘qualified scholarship fund’ means any 1970, ment by commercially acceptable means donor advised fund if— ‘‘(C) no donor to the organization was alive (within the meaning of section 6311) shall be ‘‘(i) the advisory privileges referred to in on August 17, 2006, and treated for purposes of this section in the subsection (d)(2)(A)(iii) with respect to such ‘‘(D) no family member (within the mean- same manner as a check.’’. fund are exercised solely by an organization ing of section 4958(f)(4)) of any donor is an or- (b) EFFECTIVE DATE.—The amendment described in paragraph (4) of section 501(c) ganization manager (as defined in section made by subsection (a) shall apply to author- and exempt from tax under section 501(a), 4958(f)(2)).’’. izations of payments made after December and (b) PAYOUT REQUIREMENTS.—Section 31, 2005. ‘‘(ii) substantially all of the distributions 1241(d)(1) of the Pension Protection Act of The SPEAKER pro tempore (Mr. from such fund are qualified scholarship dis- 2006 shall not apply to any organization de- tributions.’’. scribed in section 4943(f)(8) of the Internal ALTMIRE). Pursuant to the rule, the (b) APPLICATION OF TAX ON PROHIBITED Revenue Code of 1986, as added by this sec- gentleman from Georgia (Mr. LEWIS) BENEFITS TO QUALIFIED SCHOLARSHIP DIS- tion. and the gentleman from Minnesota TRIBUTIONS.—Subsection (c) of section 4967 is (c) EFFECTIVE DATE.—The amendments (Mr. RAMSTAD) each will control 20 amended by adding at the end the following made by this section shall apply to taxable minutes. new paragraph: years ending after the date of the enactment The Chair recognizes the gentleman ‘‘(3) QUALIFIED SCHOLARSHIP FUNDS.—Each of this Act. from Georgia. substantial contributor (as defined in section SEC. 7. CONTRIBUTIONS BY INDIAN TRIBAL GOV- 4958(c)(3)(C)) to a qualified scholarship fund ERNMENTS TREATED SAME AS CON- GENERAL LEAVE and each family member (within the mean- TRIBUTIONS BY STATES. Mr. LEWIS of Georgia. Mr. Speaker, ing of section 4958(f)(4)) of such person shall (a) IN GENERAL.—Section 7871(a) (relating I ask unanimous consent that Members be treated as a person described in sub- to Indian tribal governments treated as may have 5 legislative days to revise section (d) with respect to such fund.’’. States for certain purposes) is amended by and extend their remarks on the bill, (c) EFFECTIVE DATE.—The amendments striking ‘‘and’’ at the end of paragraph (6), H.R. 7083. by striking the period at the end of para- made by this section shall apply to distribu- The SPEAKER pro tempore. Is there tions made after the date of the enactment graph (7) and inserting ‘‘; and’’, and by add- of this Act. ing at the end the following new paragraph: objection to the request of the gen- SEC. 4. REPEAL OF SPECIAL WRITTEN ACKNOWL- ‘‘(8) for purposes of— tleman from Georgia? EDGMENT REQUIREMENT FOR ‘‘(A) determining support of an organiza- There was no objection. CHARITABLE CONTRIBUTIONS TO tion described in section 170(b)(1)(A)(vi), and Mr. LEWIS of Georgia. Mr. Speaker, DONOR ADVISED FUNDS. ‘‘(B) determining whether an organization I yield myself such time as I may con- (a) IN GENERAL.—Paragraph (18) of section is described in paragraph (1) or (2) of section sume. 170(f) is amended— 509(a) for purposes of section 509(a)(3).’’. Mr. Speaker, I rise in support of H.R. (1) by striking subparagraph (B), (b) EFFECTIVE DATE.—The amendments (2) by striking ‘‘if—’’ and all that follows made by this section shall apply with respect 7083, the Charity Enhancement Act of through ‘‘the sponsoring organization (as de- to— 2008. fined in section 4966(d)(1))’’ and inserting ‘‘if (1) support received on or after the date of This bill responds to hundreds of the sponsoring organization (as defined in the enactment of this Act, and pages of written comments that were section 4966(d)(1)))’’, and (2) the determination of the status of any submitted by charities to the Ways and (3) by redesignating clauses (i) and (ii) of organization with respect to any taxable Means Subcommittee on Oversight. subparagraph (A) (as in effect before amend- year beginning after such date of enactment. This bill contains a number of impor- ment by paragraph (2)) as subparagraphs (A) SEC. 8. ELECTRONIC FILING OF EXEMPT ORGANI- tant provisions to help charities con- and (B) and by moving such subparagraphs 2 ZATION ANNUAL RETURNS. tinue their good work. ems to the left. (a) IN GENERAL.—Subsection (d) of section (b) EFFECTIVE DATE.—The amendments 6104 (relating to public inspection of certain Charities play such an important role made by this section shall apply to taxable annual returns, reports, applications for ex- in our country. Charities and founda- years ending after the date of the enactment emption, and notices of status) is amended— tions make up the very fabric of our of this Act. (1) by redesignating the paragraph relating communities. They know the deepest SEC. 5. REASONABLE COMPENSATION PAID BY to disclosure of reports by Internal Revenue human needs of our friends and neigh- SUPPORTING ORGANIZATIONS TO Service as paragraph (7), bors, and they know the solutions that SUBSTANTIAL CONTRIBUTORS NOT (2) by redesignating the paragraph relating TREATED AS AN EXCESS BENEFIT. work. Often, at critical times, charities to application to nonexempt charitable (a) IN GENERAL.—Clause (ii) of section trusts and nonexempt private foundations as and foundations are the leaders that 4958(c)(3)(A) is amended to read as follows: paragraph (8), and show government the way to care for ‘‘(ii) the term ‘excess benefit’ includes, (3) by adding at the end the following new our citizens. Their services touch every with respect to any transaction described in paragraph: corner of life in our communities—edu- clause (i)— ‘‘(9) RETURNS REQUIRED ON MAGNETIC MEDIA, ‘‘(I) in the case of any grant, loan, or simi- cation, the arts, and medical research. ETC.—Any organization (other than an orga- lar payment, the amount of such grant, loan, They also serve those who need our nization exempt from tax under section or similar payment, and help the most by feeding the hungry, 527(a)) which— ‘‘(II) in the case of any compensation or caring for the sick and lifting up those ‘‘(A) is required to make available infor- similar payment, the amount by which the mation for inspection under paragraph who live in poverty. This bill fixes value of the economic benefit provided ex- (1)(A), and some of the unintended effects of new ceeds the value of the consideration (includ- ‘‘(B) would be required to file returns on charitable laws that keep them from ing the performance of services) received for magnetic media or in other machine-read- doing their good and necessary work. providing such benefit.’’. able form under subsection (e) of section 6011 (b) EFFECTIVE DATE.—The amendment First, the bill will promote scholar- if such subsection were applied by sub- made by this section shall apply to amounts ships by relaxing the rules imposed on stituting ‘at least 5 returns’ for ‘at least 250 paid pursuant to transactions entered into certain scholarship funds. returns’ in paragraph (2)(A) thereof, after the date of the enactment of this Act. Second, the bill would improve dis- SEC. 6. EXCEPTION FROM HOLDINGS AND PAY- shall file the information referred to in closure to the public by increasing the OUT REQUIREMENTS FOR LONG- clauses (i) and (ii) of paragraph (1)(A) on electronic filing of tax returns filed by STANDING, FULLY FUNDED TYPE III such magnetic media or in other machine- SUPPORTING ORGANIZATIONS. readable form.’’. charities and foundations. (a) HOLDINGS REQUIREMENTS.—Subsection (b) EFFECTIVE DATE.—The amendments Third, the bill will provide relief to (f) of section 4943 is amended by adding at made by subsection (a) shall apply to returns certain longstanding supporting orga- the end the following new paragraph: required to be filed for taxable years begin- nizations created before 1970. Notably,

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.002 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22747 these are charities where the donors committee and his friendship over the Mr. LEWIS of Georgia. Mr. Speaker, are deceased, so there is no concern years. His leadership as chairman of I am pleased to yield 3 minutes to the about misusing the charity for per- our subcommittee has been thoughtful gentleman from California (Mr. BECER- sonal gain. and bipartisan inclusive. For that I am RA). Historically, these charities have dis- very grateful. I urge my colleagues to Mr. BECERRA. Mr. Speaker, I thank tributed significant amounts to their support H.R. 7083, the Charity En- the chairman, Mr. LEWIS, and the rank- communities over the past 38 years. hancement Act to provide relief to ing member, Mr. RAMSTAD, for this Their contributions have been used to America’s charitable community. work that is now embodied in H.R. 7083. fund scholarship and support chari- I reserve the balance of my time. I support the legislation, and thank table, scientific, and educational ac- Mr. LEWIS of Georgia. Mr. Speaker, them for their efforts to move forward tivities. I am pleased to yield 3 minutes to the on what is a very important subject, Finally, this bill will allow charities gentleman from California (Mr. THOMP- and that is encouraging Americans to to reimburse reasonable and necessary SON), a member of the Ways and Means participate in charitable giving. expenses of volunteer board members. Committee. The government has a partnership Mr. THOMPSON of California. Mr. I urge my colleagues on both sides of with the charitable sector. The govern- Speaker, I would like to thank Mr. the aisle to support our charities and ment relies on charities to reach out to LEWIS and Mr. RAMSTAD for their work foundations and vote ‘‘yes’’ for H.R. populations in need, and that is why on this very important bill, a bill that 7083. the charitable sector receives tax-pre- I am proud to be the coauthor of, and I reserve the balance of my time. ferred treatment. We want to incent I rise today in strong support of this Mr. RAMSTAD. Mr. Speaker, I yield charitable activity as much as we can bill. because government, by itself, cannot myself such time as I may consume. The provisions of this bill will play a Mr. Speaker, tough economic times serve the needs of all of those Ameri- vital role in allowing charitable orga- cans who work very hard but who are especially tough for America’s nizations to better serve our commu- charitable community. They face in- sometimes fall upon bad times. nities. In fact, the two largest organi- At the same time, we find that there creasing demands for services from zations representing charities, Inde- people in need, and the investments are some charitable organizations that pendent Sector and the Council on are doing tremendous work while oth- that foundations make in order to grow Foundations, have both endorsed this their endowments have eroded signifi- ers are not, and I believe this is the be- critical legislation because it allows ginning of a major effort on the part of cantly due to market turmoil. charities to better fulfill their valuable Last year on behalf of the Ways and Congress to try to really focus our at- mission. tention on the charitable sector to Means Oversight Subcommittee, Chair- To help explain the practical impact make sure that we are receiving every- man LEWIS requested comments on the of this bill, I would like to share the thing Americans expect through that implementation of charitable reforms story of the Doyle Trust which benefits tax-deferred treatment that these char- contained in the 2006 Pension Protec- thousands of hardworking families. ities and nonprofit organizations re- tion Act. Doyle Trust was founded 59 years ago ceive. The bill before us responds to many to serve the students of Santa Rosa One example in this bill of how we of the concerns that were raised by the Junior College in Sonoma County, are doing good is through the tribal California. On Frank Doyle’s death, he charitable community. Specifically, charities provision in this legislation. established the Doyle Trust which he the bill has seven provisions aimed at Tribal charities, charities that are funded with his 51 percent share in the relieving burdens on charities and on within the jurisdiction of the tribal Exchange Bank. Doyle created his foundations: governments of this country, are a trust so that dividends for his bank Funds advised by certain public char- good example of nonprofits that recog- stock would go to a scholarship fund to ities and government entities would nize the overwhelming need of a peo- help students attending this junior col- not be treated as donor advised funds. ple, in this case, people in Indian coun- Certain scholarships given from lege. Last year alone, more than $5 million try. Tribal charities play a crucial role donor advised funds would not be con- in serving the needs of members of sidered a taxable distribution. in scholarships for 5,500 Santa Rosa Junior College students was donated by these many tribes throughout America. Thirdly, a special written acknowl- We know that close to 25 percent of the Doyle Trust. It is not unusual to edgment requirement for charitable Native Americans today live in pov- find three generations of the same fam- contributions to donor advised funds erty. It’s even higher for Native Amer- ily who have benefited from the Doyle would be repealed. ican children. Some 31 percent live in Trust scholarships. The Doyle Trust is Fourth, supporting organizations households that live in poverty. That an institution in Sonoma County, and would be allowed to pay reasonable compares to 11 percent of American its contribution to the community compensation to substantial contribu- children who are non-Native American. makes a real difference in the lives of tors for the services that they perform We also know that close to 20 percent without the payment being considered working families. Without this legislation, the mission of Native American seniors today still an excess benefit. live in poverty, far greater than we see Also, certain long-standing Type III of the Doyle Trust may be undermined because provisions of the Pension Pro- outside of Indian country. Fewer than organizations with no recent major or 15 percent of Native Americans today living donors would be exempt from tection Act could force the trust to sell its assets. go on to receive a bachelor’s degree or payout and excess business holding re- higher. We need to change that. quirements. b 1445 So these tribal charities that we find In addition, Mr. Speaker, contribu- The unintended consequence of the are making every effort to try to reach tions from Indian tribal governments Pension Protection Act would be to out to communities throughout Indian would be treated the same as contribu- end Doyle Trust’s ability to continue country to make it possible for young tions from States for purposes of deter- providing scholarships to thousands of kids, for adults who work and for sen- mining whether an organization is a students at Santa Rosa Junior College. iors to have a chance to benefit from public charity or a private foundation. I urge my colleagues on both sides of all we can. Finally, the IRS would be allowed to the aisle to help us pass this bill to en- Tribal charities under this legisla- institute electronic filing for charities sure that future generations of Sonoma tion will be treated the way any other that file at least five information re- County families can benefit from the State government or local government turns each year. generosity of the Doyle Trust. is treated when it comes to dealing Mr. Speaker, I am proud to cosponsor Mr. RAMSTAD. Mr. Speaker, I con- with charities, the same type of tax Chairman LEWIS’ legislation, grateful tinue to reserve the balance of my treatment. That will give tribes an op- for his leadership of the Oversight Sub- time. portunity to really enhance the ability

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.002 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22748 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 of tribal charities to do the most good lating to disclosure of certain return and re- nation of the annuity is returned to the Ju- for a larger population. This legislation turn information for tax administration pur- dicial Survivors’ Annuities Fund.’’. will go a long way in correcting some poses) is amended by adding at the end the (b) CONFORMING AMENDMENT.—Section 376(h)(2) of title 28, United States Code, is of the mistakes that we’ve made and in following new paragraph: ‘‘(10) DISCLOSURE OF CERTAIN RETURN INFOR- amended by striking the period at the end correcting some of the omissions that MATION OF PRISONERS TO FEDERAL BUREAU OF and inserting ‘‘, subject to subsection (x).’’. have been there in the past. PRISONS.— (c) EFFECTIVE DATE.— Once again, I believe, as I said before, ‘‘(A) IN GENERAL.—Under such procedures (1) IN GENERAL.—This section and the that under the leadership of Chairman as the Secretary may prescribe, the Sec- amendments made by this section shall take LEWIS and with the good help of Mr. retary may disclose to the head of the Fed- effect on the first day of the first month be- ginning at least 30 days after the date of the RAMSTAD that we’re moving forward to eral Bureau of Prisons any return informa- tion with respect to individuals incarcerated enactment of this Act and shall apply in the make sure that we have a charitable case of a remarriage which is dissolved by tax deduction that works for everyone in Federal prison whom the Secretary has determined may have filed or facilitated the death, divorce, or annulment on or after and that is optimal in its efforts to try filing of a false return to the extent that the such first day. to do public good. Secretary determines that such disclosure is (2) LIMITED RETROACTIVE EFFECT.— Mr. RAMSTAD. Mr. Speaker, I con- necessary to permit effective Federal tax ad- (A) IN GENERAL.—In the case of a remar- tinue to reserve the balance of my ministration. riage which is dissolved by death, divorce, or time. ‘‘(B) RESTRICTION ON REDISCLOSURE.—Not- annulment within the 4-year period ending Mr. LEWIS of Georgia. Mr. Speaker, withstanding subsection (n), the head of the on the day before the effective date of this Federal Bureau of Prisons may not disclose section, the amendments made by this sec- may I inquire of Mr. RAMSTAD whether tion shall apply only if the widow or widower he has any additional speakers? any information obtained under subpara- graph (A) to any person other than an officer satisfies the requirements of paragraphs (1) Mr. RAMSTAD. Mr. Speaker, I have or employee of such Bureau. and (2) of section 376(x) of title 28, United no further speakers. I yield back the ‘‘(C) RESTRICTION ON USE OF DISCLOSED IN- States Code (as amended by this section) be- balance of my time. FORMATION.—Return information received fore— Mr. LEWIS of Georgia. Mr. Speaker, under this paragraph shall be used only for (i) the end of the 1-year period beginning this is an important bill, and I want to purposes of and to the extent necessary in on the effective date of this section; or (ii) such later date as Director of the Ad- thank my good friend Mr. RAMSTAD for taking administrative action to prevent the filing of false and fraudulent returns, includ- ministrative Office of the United States all of his hard work and for his great Courts may by regulation prescribe. work in helping to bring this needed ing administrative actions to address pos- sible violations of administrative rules and (B) RESTORATION.—If the requirements of bill before us today. regulations of the prison facility. paragraph (1) are satisfied, the survivor an- Given the terrible state of the econ- ‘‘(D) TERMINATION.—No disclosure may be nuity shall be restored, commencing on the omy, we need to do all we can to sup- made under this paragraph after December date the remarriage was dissolved by death, port our charities. We need to promote 31, 2011.’’. annulment, or divorce, at the rate which was scholarships, to promote charitable (b) RECORDKEEPING.—Paragraph (4) of sec- in effect when the annuity was terminated. giving and to enhance public disclo- tion 6103(p) of such Code is amended by strik- (C) LUMP-SUM PAYMENT.—Any amounts be- ing ‘‘(k)(8)’’ both places it appears and in- coming payable to the widow or widower sure. under this subsection for the period begin- I fully support H.R. 7083. I urge all of serting ‘‘(k)(8) or (10)’’. (c) EVALUATION BY TREASURY INSPECTOR ning on the date on which the annuity was my colleagues on both sides of the aisle GENERAL FOR TAX ADMINISTRATION.—Para- terminated and ending on the date on which to support our charities and to vote graph (3) of section 7803(d) of such Code is periodic annuity payments resume shall be ‘‘yes’’ for the bill. amended by striking ‘‘and’’ at the end of sub- payable in a lump-sum payment. Mr. Speaker, I yield back the balance paragraph (A), by striking the period at the The SPEAKER pro tempore. Pursu- of my time. end of subparagraph (B) and inserting ‘‘; ant to the rule, the gentleman from and’’, and by adding at the end the following The SPEAKER pro tempore. The Georgia (Mr. LEWIS) and the gentleman new subparagraph: question is on the motion offered by from Minnesota (Mr. RAMSTAD) each ‘‘(C) not later than December 31, 2010, sub- the gentleman from Georgia (Mr. mit a written report to Congress on the im- will control 20 minutes. LEWIS) that the House suspend the plementation of section 6103(k)(10).’’. The Chair recognizes the gentleman rules and pass the bill, H.R. 7083. (d) EFFECTIVE DATE.—The amendments from Georgia. The question was taken; and (two- made by this section shall apply to disclo- GENERAL LEAVE thirds being in the affirmative) the sures made after December 31, 2008. Mr. LEWIS of Georgia. Mr. Speaker, rules were suspended and the bill was (e) ANNUAL REPORTS.—The Secretary of the I ask unanimous consent to give all passed. Treasury shall annually submit to Congress Members 5 legislative days to revise A motion to reconsider was laid on and make publicly available a report on the filing of false and fraudulent returns by indi- and extend their remarks on House bill the table. viduals incarcerated in Federal and State 7082, as amended. f prisons. Such report shall include statistics The SPEAKER pro tempore. Is there on the number of false and fraudulent re- objection to the request of the gen- INMATE TAX FRAUD PREVENTION turns associated with each Federal and State tleman from Georgia? ACT OF 2008 prison. There was no objection. Mr. LEWIS of Georgia. Mr. Speaker, SEC. 3. RESTORATION OF CERTAIN JUDICIAL Mr. LEWIS of Georgia. Mr. Speaker, I move to suspend the rules and pass SURVIVORS’ ANNUITIES. I yield myself such time as I may con- the bill (H.R. 7082) to amend the Inter- (a) IN GENERAL.—Section 376 of title 28, sume. United States Code, is amended by adding at I thank the gentleman from Min- nal Revenue Code of 1986 to permit the the end the following: Secretary of the Treasury to disclose nesota for bringing House bill 7082, the ‘‘(x) In the case of a widow or widower Inmate Tax Fraud Prevention Act of certain prisoner return information to whose annuity under clause (i) or (ii) of sub- the Federal Bureau of Prisons, as section (h)(1) is terminated because of re- 2008, to the House. amended. marriage before attaining 55 years of age, Mr. RAMSTAD has served at my side The Clerk read the title of the bill. the annuity shall be restored at the same on the Oversight Subcommittee for The text of the bill is as follows: rate commencing on the day the remarriage years. He has been a wonderful friend, is dissolved by death, divorce, or annulment, a good friend. We call ourselves broth- H.R. 7082 if— ers. He will be missed when he retires SECTION 1. SHORT TITLE. ‘‘(1) the widow or widower elects to receive this year. He has worked to make our This Act may be cited as the ‘‘Inmate Tax this annuity instead of any other survivor taxes fair and to protect taxpayers. Fraud Prevention Act of 2008’’. annuity to which such widow or widower This bill is a great and shining example SEC. 2. DISCLOSURE OF PRISONER RETURN IN- may be entitled, under this chapter or under FORMATION TO FEDERAL BUREAU another retirement system for Government of his good effort. OF PRISONS. employees, by reason of the remarriage; and Jim, I want to thank you again for (a) IN GENERAL.—Subsection (k) of section ‘‘(2) any payment made to such widow or all of your great work, for working so 6103 of the Internal Revenue Code of 1986 (re- widower under subsection (o) or (p) on termi- hard, for hanging in there, for never

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.002 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22749 giving up, and for never giving in. would allow the IRS to reveal informa- sion of Social Security account num- Thank you so much. tion on tax fraud to the Federal Bureau bers on Medicare cards, as amended. The Oversight Subcommittee found of Prisons and to compile statistics on The Clerk read the title of the bill. that thousands of false returns were tax fraud in each and every Federal The text of the bill is as follows: being filed by prisoners. However, the and State prison. The authority for the H.R. 6600 Internal Revenue Service could not dis- IRS to disclose tax fraud information Be it enacted by the Senate and House of Rep- close the information to the Federal sunsets in 3 years, and the Treasury In- resentatives of the United States of America in Bureau of Prisons. This bill was devel- spector General for Tax Administra- Congress assembled, oped to correct this problem. This bill tion will issue a report, so in 3 years, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Medicare will stop the abuse of our tax system. Congress can determine whether the Identity Theft Prevention Act of 2008’’. I urge all of my colleagues on both program should be renewed and wheth- SEC. 2. PROHIBITION OF INCLUSION OF SOCIAL sides of the aisle to vote in favor of er other changes should be imple- SECURITY ACCOUNT NUMBERS ON House bill 7082. mented. MEDICARE CARDS. I reserve the balance of my time. Mr. Speaker, in conclusion, let me (a) IN GENERAL.—Section 205(c)(2)(C) of the Mr. RAMSTAD. Mr. Speaker, I yield just say that it’s obviously time to pro- Social Security Act (42 U.S.C. 405(c)(2)(C)) is myself such time as I may consume. amended by adding at the end the following tect honest taxpayers from this bla- new clause: I first want to thank my friend, my tant, outrageous fraud that’s being ‘‘(x) The Secretary of Health and Human brother and my chairman—Mr. LEWIS— committed by prison inmates. I urge Services, in consultation with the Commis- who represents the absolute best in my colleagues to protect this common- sioner of Social Security, shall establish public service and who is truly the con- sense, bipartisan legislation that will cost-effective procedures to ensure that a so- science of the Congress. I’m just grate- protect the taxpayers. Support the In- cial security account number (or any deriva- ful for his friendship and for the privi- mate Tax Fraud Prevention Act be- tive thereof) is not displayed, coded, or em- bedded on the Medicare card issued to an in- lege of working with him for the past cause the taxpayers of America deserve 18 years. dividual who is entitled to benefits under nothing less. part A of title XVIII or enrolled under part Mr. Speaker, the legislation before us I reserve the balance of my time. B of title XVIII and that any other identifier addresses a very serious situation in Mr. LEWIS of Georgia. Mr. Speaker, displayed on such card is easily identifiable America’s prisons—rampant tax fraud. I would like to inquire as to whether as not being the social security account I’m deeply grateful to Chairman LEWIS Mr. RAMSTAD has any additional speak- number (or a derivative thereof).’’. for being an original cosponsor of this ers. (b) EFFECTIVE DATE.— legislation and for helping me get this Mr. RAMSTAD. Mr. Speaker, I have (1) IN GENERAL.—The amendment made by crucial legislation on the suspension subsection (a) shall apply with respect to no further speakers. Medicare cards issued on and after an effec- calendar and here to the floor today. Mr. LEWIS of Georgia. I am prepared tive date specified by the Secretary of When I chaired the Ways and Means to close, Mr. Speaker. Health and Human Services, but in no case Oversight Subcommittee in the last Mr. RAMSTAD. Mr. Speaker, having shall such effective date be later than the Congress, Mr. Speaker, we held a hear- no further speakers, I would be happy date that is 24 months after the date ade- ing that featured an inmate from our to yield back my time, and I look for- quate funding is provided pursuant to sub- Federal prison system. He was known ward to Mr. LEWIS’ closing. section (d)(2). as inmate Dole, a prisoner from South Mr. LEWIS of Georgia. Mr. Speaker, (2) REISSUANCE.—Subject to subsection Carolina who single-handedly swindled again, I want to thank my friend from (d)(2), in the case of individuals who have taxpayers out of $3.5 million by filing been issued such cards before such date, the Minnesota (Mr. RAMSTAD) for his good Secretary of Health and Human Services— fraudulent tax returns. That’s right, and great work for bringing this bill (A) shall provide for the reissuance for Mr. Speaker, $3.5 million of outrageous before us today. The Inmate Tax Fraud such individuals of such a card that complies tax fraud committed by a prisoner Prevention Act is an important bill, with such amendment not later than 3 years while he was behind bars, while incar- and I urge its passage. I fully support after the effective date specified under para- cerated in a Federal prison. House bill 7082, and I urge all of my graph (1); and The hearing revealed that this was colleagues on both sides of the aisle to (B) may permit such individuals to apply no isolated incident. There is massive support this bill. for the reissuance of such a card that com- tax fraud going on within the walls of plies with such amendment before the date I yield back the balance of my time. of reissuance otherwise provided under sub- our Nation’s prisons. In fact, the IRS The SPEAKER pro tempore. The paragraph (A) in such exceptional cir- reports that 15 percent of all tax fraud question is on the motion offered by cumstances as the Secretary may specify. committed in America is committed by the gentleman from Georgia (Mr. (c) OUTREACH PROGRAM.—Subject to sub- prison inmates, 15 percent. LEWIS) that the House suspend the section (d)(2), the Secretary of Health and As we all agree here, tax fraud in any rules and pass the bill, H.R. 7082, as Human Services, in consultation with the form is unacceptable and illegal, obvi- amended. Commissioner of Social Security, shall con- ously, but it’s particularly outrageous duct an outreach program to Medicare bene- The question was taken; and (two- ficiaries and providers about the new Medi- when it’s committed by prison inmates thirds being in the affirmative) the care card provided under this section. who are supposed to be paying their rules were suspended and the bill, as (d) REPORT TO CONGRESS AND LIMITATIONS debt to society and not bilking tax- amended, was passed. ON EFFECTIVE DATE.— payers. While the IRS is able to catch The title was amended so as to read: (1) REPORT.—Not later than 1 year after some of it, far too much inmate tax ‘‘A bill to amend the Internal Revenue the date of the enactment of this Act, the fraud falls through the cracks. Unfor- Code of 1986 to permit the Secretary of Secretary of Health and Human Services, acting through the Administrator of the tunately, the IRS is prohibited by law the Treasury to disclose certain pris- from sharing information with prison Centers for Medicare & Medicaid Services oner return information to the Federal and in consultation with the Commissioner officials, information that would allow Bureau of Prisons, and for other pur- of Social Security, shall submit to Congress them to take action to punish and to poses.’’. a report that includes detailed options re- stop this fraud from going on in their A motion to reconsider was laid on garding the implementation of this section, prison facilities right under their the table. including line-item estimates of and jus- tifications for the costs associated with such noses. So, in other words, Mr. Speaker, f Federal law enforcement is effectively options and estimates of timeframes for each blocked from pursuing these cases be- MEDICARE IDENTITY THEFT stage of implementation. In recommending cause of the ban on information shar- PREVENTION ACT OF 2008 such options, the Secretary shall take into consideration, among other factors, cost-ef- ing. Mr. DOGGETT. Mr. Speaker, I move fectiveness and beneficiary outreach and Well, this legislation that I have in- to suspend the rules and pass the bill education. troduced and have brought here today, (H.R. 6600) to amend title II of the So- (2) LIMITATION; MODIFICATION OF DEAD- the Inmate Tax Fraud Prevention Act, cial Security Act to prohibit the inclu- LINES.—With respect to the amendment

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.002 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22750 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 made by subsection (a), and the require- partisan legislation would require under Social Security, these numbers ments of subsections (b) and (c)— Medicare to take the steps that private are now unfortunately widely used as (A) such amendment and requirements companies and that other government personal identifiers. shall not apply until adequate funding is ap- agencies have already taken to protect According to the Government Ac- propriated pursuant to paragraph (3) to im- plement the provisions of this section, as de- the identities of our seniors. countability Office, Social Security termined by Congress; and Every time a senior or an individual numbers have become the ‘‘identifier of (B) any deadlines otherwise established with a disability hands over a Medicare choice’’ and are used for all sorts of under this section for such amendment and card, that person is handing over the business transactions. In an April 2007 requirements are contingent upon the re- keys of financial security. With in- report, the President’s Identity Theft ceipt of adequate funding (as determined in creasingly sophisticated thefts by iden- Task Force identified the Social Secu- subparagraph (A)) for such implementation. tity thieves, inaction is unacceptable. rity number as the most valuable com- (3) AUTHORIZATION OF APPROPRIATIONS.— Seniors have saved and have built over modity for an identity thief. (A) IN GENERAL.—In addition to any These thieves are hard at work. The amounts made available to the Secretary of their lifetimes their financial security Health and Human Services for the Program and their reputations. Federal Trade Commission estimates that about 5 percent of all of the adult Management Account of the Centers for b 1500 Medicare & Medicaid Services for adminis- population has been victim of identity trative expenses and to the Commissioner of Their savings and their credit should theft. Even worse, the true number of Social Security for administrative expenses, not be put needlessly at risk if some- victims of that crime is unknown since and subject to subparagraph (B), taking into one steals their Medicare card. Just as most victims don’t report it. consideration the report submitted under a doctor swears an oath to do no harm We also know that this is a serious paragraph (1), there is authorized to be ap- in practicing medicine, Medicare problem for illegal immigration. Dur- propriated such sums as are necessary to should make sure that it does no harm ing a recent hearing at the Social Se- carry out the provisions of this section, in- to the financial security and credit rat- cluding section 205(c)(2)(C) of the Social Se- curity Subcommittee, we learned that curity Act, as added by subsection (a), for ing of its beneficiaries. The Medicare a credible set of fake identity docu- each of the five fiscal years beginning after Identity Theft Prevention Act will help ments costs about $350. With those fake the date of submittal of the report under to ensure that the government better documents, illegal immigrants can get paragraph (1). protects seniors from identity theft, a job and even sneak through the gov- (B) LIMITATION.—Such funds are not au- denying thieves access to this critical ernment’s E-Verify system which is thorized to be appropriated until after re- data. meant to verify whether an employee ceipt of the report provided under paragraph The private sector and government (1). is eligible to work in this country. agencies, including the Veterans Ad- Congress must get to work on iden- The SPEAKER pro tempore. Pursu- ministration and the Department of tity theft, and removing the Social Se- ant to the rule, the gentleman from Defense, have begun to protect Social curity number from widespread cir- Texas (Mr. DOGGETT) and the gen- Security numbers from identity culation is an excellent place to start. tleman from Texas (Mr. SAM JOHNSON) thieves. But Medicare has not yet For years, the Ways and Means Sub- each will control 20 minutes. taken appropriate steps to do this, committee on Social Security has been The Chair recognizes the gentleman hence this legislation. working on this problem in a bipar- from Texas (Mr. DOGGETT). Inaction jeopardizes the safety of tisan way. We have approved bills to Mr. DOGGETT. Thank you, Mr. millions of our seniors and individuals protect the privacy of Social Security Speaker. It is an all-Texas act this with disabilities. This legislation has numbers and prevent identity theft afternoon, but it’s about a measure the support of the Consumers Union, since the 106th Congress when it first that affects seniors and individuals the National Committee to Preserve approved the Social Security Number with disabilities all over this country. Social Security and Medicare, the Na- Privacy and Identity Theft Prevention GENERAL LEAVE tional Silver-Haired Congress, and the Act. That legislation was introduced Mr. DOGGETT. Let me first ask Texas Silver-Haired Legislature, as on a bipartisan basis by then-Sub- unanimous consent that Members have well as the Elder Justice Coalition. committee Chairman Clay Shaw and 5 legislative days in which to revise Seniors confront many threats to then-ranking member, the late Bob and extend their remarks and to add their retirement security these days. Matsui. any extraneous material in the RECORD This bill is one way to prevent their The Ways and Means Committee has concerning H.R. 6600, as amended. falling victim to swindlers. I urge the begun working on this and so has the The SPEAKER pro tempore. Is there adoption of the bill. Energy and Commerce Committee. Our objection to the request of the gen- I reserve the balance of my time. two comprehensive bills are really not tleman from Texas? Mr. SAM JOHNSON of Texas. Mr. that far apart, yet we are repeatedly There was no objection. Speaker, I rise in support of the bill met with opposition from those groups Mr. DOGGETT. Mr. Speaker, I yield H.R. 6600, the Medicare Identity Pre- which prefer to splash Social Security myself such time as I may consume. vention Act. I thank Mr. DOGGETT for numbers on every personal document There are 44 million seniors and indi- bringing it up. Apparently we can’t get they want. The comprehensive efforts viduals with disabilities who carry in any resolution on Social Security so of our two committees are being met their wallets or in their purses some- we need to do it one baby step at a with the same resistance they met in thing that makes them unnecessarily time. previous years until now. more vulnerable to identity theft, and Americans are rightly worried about I commend my colleague from Texas that is their Medicare cards. Apart the security of their personal informa- (Mr. DOGGETT) for working in a bipar- from the Social Security card, itself, tion, including their Social Security tisan way and not giving up on the the Medicare card is the most fre- number. Practically every day we hear issue. Sometimes you just have to take quently issued government document about another data breach in the pri- an issue one bite at a time. displaying a Social Security number. vate or public sector where identity in- The bill H.R. 6600, Medicare Identity This practice invites foul play. formation of hundreds, if not thou- Theft Prevention Act, will take the So- To protect both the savings and the sands, of people is stolen. cial Security number off the Medicare peace of mind of Medicare bene- According to the Privacy Rights card. It is completely ridiculous that ficiaries, I’ve introduced with the as- Clearinghouse, the total number of people are told not to carry their So- sistance and the encouragement of my known records that have been com- cial Security card in order to protect colleague from Texas, the ranking promised since January 2005 is over 158 their identity, but then every senior member on the Social Security Sub- million. Even though Social Security citizen is told they must carry their committee, Mr. JOHNSON, the Medicare numbers were created to track earn- Medicare card, which has their Social Identity Theft Prevention Act. This bi- ings for determining benefit amounts Security number on it.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.002 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22751 When the wallet of a senior citizen Ms. JACKSON-LEE of Texas. Mr. Speaker. Prohibit the display of Social Security num- has been stolen, even a low-tech crook I rise today in strong support of H.R. 6600, the bers on written and electronic communications can get the identity theft. It’s not the ‘‘Medicare Identity Theft Prevention Act of to Medicare beneficiaries, unless essential for card itself; it’s a fact that then every 2008’’ I would like to thank my colleague Con- the operation of the Medicare program. medical record at nursing homes, hos- gressman DOGGETT and the Ways and Means I am proud to cosponsor legislation that will pitals, and doctor offices has a Social Committee. protect our elderly. I urge my colleagues to Security number written on it. This legislation today to require the federal join me in supporting this legislation. The wholesale amount of Social Se- government to remove Social Security num- Mr. DOGGETT. I yield back my time. curity numbers that are available to bers from Medicare identification cards and The SPEAKER pro tempore. The identity thieves is staggering and com- communications to Medicare beneficiaries. question is on the motion offered by pletely unnecessary. The Centers for The Centers for Medicare and Medicaid the gentleman from Texas (Mr. Medicare and Medicaid Services must Services (CMS), which administers the Medi- DOGGETT) that the House suspend the change their tracking number for care program, has fallen behind most other rules and pass the bill, H.R. 6600, as Medicare purposes. public and private organizations in recognizing amended. In just a few years, the first baby the danger of displaying Social Security num- The question was taken. boomers are going to be turning 65 and bers. The Social Security Number Protection The SPEAKER pro tempore. In the become eligible for Medicare. Rather Act ensures that the Social Security numbers opinion of the Chair, two-thirds being than a huge wave of retirees being of Medicare beneficiaries are properly pro- in the affirmative, the ayes have it. issued an ‘‘identity theft kit’’ when tected. Mr. SAM JOHNSON of Texas. Mr. they receive a Medicare card, that card Every year, millions of Americans are vic- Speaker, I object to the vote on the should have a unique identifier. Pri- tims of identity theft—many after their Social ground that a quorum is not present vate insurance moved away from So- Security numbers are stolen. Instead of lead- and make the point of order that a cial Security cards years ago. Medicare ing by example, the federal government is lag- quorum is not present. needs to do that, too. ging behind private health insurers and other The SPEAKER pro tempore. Pursu- The problem of identity theft is not public agencies in protecting Medicare recipi- ant to clause 8 of rule XX and the going to be addressed with one single ents from identity theft. CMS’s continued use Chair’s prior announcement, further piece of legislation, but we must start of Social Security numbers on Medicare cards proceedings on this motion will be somewhere, and starting with Medicare needlessly places people at risk. postponed. This bill ensures that a premium is placed cards before Boomers become eligible The point of no quorum is considered on security and that personal information is is a great place to start. withdrawn. protected. It makes no sense for a CMS to Thank you, Mr. DOGGETT, for your f continue exposing Medicare beneficiaries to support. I urge my colleagues to sup- the risk of identity theft. We should pass this FURTHER MESSAGE FROM THE port this bill as well. bill quickly and fix this problem once and for SENATE I yield back the balance of my time. A further message from the Senate Mr. DOGGETT. Mr. Speaker, I would all. I believe that this is one of those clear-cut by Ms. Curtis, one of its clerks, an- yield myself such time as I might con- problems that is easy to fix. With identity theft nounced that the Senate has passed sume in closing. on the rise, removing social security numbers Mr. Speaker, I think our colleague without amendment bills of the House from Medicare beneficiary cards is the smart of the following titles: from Texas. Mr. JOHNSON has done an thing to do. Identity theft is one of the fastest- excellent job of outlining the scope of H.R. 3229. An act to require the Secretary growing crimes in the nation. Nearly 8.4 mil- of the Treasury to mint coins in commemo- identity theft. It’s something we hear lion people were victims of identity theft last ration of the legacy of the United States about every day and sometimes think year alone, and these crimes accounted for Army Infantry and the establishment of the it’s about someone else in some other more than $49.3 billion in fraudulent charges. National Infantry Museum and Soldier Cen- place until it strikes a friend or loved Nearly three years ago, Senator DURBIN ter. H.R. 5872. An act to require the Secretary one. raised concerns about the use of Social Secu- We need to do a great deal to address of the Treasury to mint coins in commemo- rity numbers on Medicare cards. Because of ration of the centennial of the Boy Scouts of identity theft. This is one small meas- his efforts, CMS issued a report to Congress ure to encourage the folks at Medicare America, and for other purposes: hat outlined the steps that would be required The message also announced that the to begin to phase in a new type of iden- to remove Social Security numbers from Medi- tity marker for Medicare beneficiaries Senate has passed with an amendment care cards, but has failed to implement those in which the concurrence of the House so that we will eliminate this par- changes. ticular source of the problem of iden- is requested, a bill of the House of the In May 2008, the Inspector General of the following title: tity theft. Social Security Administration issued a report H.R. 6098. An act to amend the Homeland I want to acknowledge Kathleen which concluded that: ‘‘Given the millions of Black on Mr. JOHNSON’s staff, Jackie Security Act of 2002 to improve the financial individuals at risk for identity the and OMB’s assistance provided to State, local, and trib- Bender on mine, as well as our col- directive to eliminate unnecessary uses of So- league, the chairman of the Social Se- al governments for information sharing ac- cial Security numbers, we believe immediate tivities, and for other purposes. curity Subcommittee, who will be com- action is needed to address this significant The message also announced that the pleting his last term here, Mike vulnerability. McNulty of New York, and also to ac- Senate agreed to the amendment of the Today’s legislation sets a timeframe for House to the amendment of the Senate knowledge the great interest and help CMS to remove Social Security numbers from from our colleague Representative to the bill (H.R. 2638) ‘‘An Act making Medicare cards and communications to bene- appropriations for the Department of PAUL HODES of New Hampshire who ficiaries. The bill will: filed similar legislation and then Homeland Security for the fiscal year Require the Health and Human Services ending September 30, 2008, and for worked with us to get this legislation Secretary to implement procedures to elimi- approved. He’s unable to be here today, other purposes.’’. nate the unnecessary collection, use, and dis- The message also announced that the but he’s been very concerned about the play of Social Security numbers of Medicare Senate has passed bills of the following identity theft issue and has offered beneficiaries within three years; titles in which the concurrence of the great help in fashioning this legisla- Prohibit the display or the unencrypted elec- House is requested: tion. tronic storage of Social Security numbers on And with that, Mr. Speaker, I believe S. 3569. An act to make improvements in newly issued Medicare cards; the operation and administration of the Fed- the problem is clear. The small step Prohibit the display or the unencrypted elec- eral courts, and for other purposes. we’re taking through this legislation is tronic storage of Social Security numbers on S. 3641. An act to authorize funding for the clear, and I would move adoption of the all Medicare cards with five years of enact- National Crime Victim Law Institute to pro- bill. ment; and vide support for victims of crime under

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.002 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22752 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 Crime Victims Legal Assistance Programs as graph (A) unless an eligible entity estab- ‘‘(3) Thomas Jefferson; a part of the Victims of Crime Act of 1984. lishes that such entity— ‘‘(4) Benjamin Franklin; ‘‘(i) possesses, with respect to any former ‘‘(5) John Adams; f President covered under paragraph (1), his- ‘‘(6) James Madison; and PRESIDENTIAL HISTORICAL torical works and collections of historical ‘‘(7) other prominent historical figures, as RECORDS PRESERVATION ACT sources that the Commission considers ap- determined appropriate by the Archivist of OF 2008 propriate for preserving, publishing, or oth- the United States.’’. erwise recording at the public expense; (b) TRANSFER OF FUNDS.— Mr. CLAY. Mr. Speaker, I move to ‘‘(ii) has appropriate facilities and space (1) IN GENERAL.—The Archivist of the suspend the rules and pass the Senate for preservation of, and public access to, the United States, in the role as chairman of the bill (S. 3477) to amend title 44, United historical works and collections of historical National Historical Publications and States Code, to authorize grants for sources; Records Commission may enter into cooper- Presidential Centers of Historical Ex- ‘‘(iii) shall ensure preservation of, and pub- ative agreements pursuant to section 6305 of title 31, United States Code, that involve the cellence. lic access to, such historical works and col- lections of historical sources at no charge to transfer of funds from the National Histor- The Clerk read the title of the Senate the public; ical Publications and Records Commission to bill. ‘‘(iv) has educational programs that make State and local governments, tribal govern- The text of the Senate bill is as fol- the use of such documents part of the mis- ments, other public entities, educational in- lows: sion of such entity; stitutions, or private nonprofit organizations S. 3477 ‘‘(v) has raised funds from non-Federal for the public purpose of carrying out section sources in support of the efforts of the entity 2120 of title 44, United States Codes. Be it enacted by the Senate and House of Rep- to promote the historical preservation of, (2) REPORT.—Not later than December 31st resentatives of the United States of America in and public access to, such historical works of each year, the Archivist of the United Congress assembled, and collections of historical sources in an States shall submit to the Committee on SECTION 1. SHORT TITLE. amount equal to the amount of the grant the Homeland Security and Governmental Af- This Act may be cited as the ‘‘Presidential entity seeks under this subsection; fairs of the Senate and the Committee on Historical Records Preservation Act of 2008’’. ‘‘(vi) shall coordinate with any relevant Oversight and Government Reform of the SEC. 2. GRANT PROGRAM. Federal program or activity, including pro- House of Representatives a report on the Section 2504 of title 44, United States Code, grams and activities relating to Presidential provisions, amount, and duration of each co- is amended by— archival depositories; operative agreement entered into as author- (1) redesignating subsection (f) as sub- ‘‘(vii) shall coordinate with any relevant ized by paragraph (1) during the preceding section (g); and non-Federal program or activity, including fiscal year. (2) inserting after subsection (e) the fol- programs and activities conducted by State (c) TECHNICAL AND CONFORMING AMEND- lowing: and local governments and private edu- MENT.—The table of sections for chapter 21 of ‘‘(f) GRANTS FOR PRESIDENTIAL CENTERS OF cational historical entities; and title 44, United States Code, is amended by HISTORICAL EXCELLENCE.— ‘‘(viii) has a workable plan for preserving adding after the item relating to section 2119 ‘‘(1) IN GENERAL.—The Archivist, with the and providing public access to such histor- the following: recommendation of the Commission, may ical works and collections of historical ‘‘2120. Online access of founding fathers docu- make grants, on a competitive basis and in sources.’’. ments.’’. accordance with this subsection, to eligible SEC. 3. TERM LIMITS FOR COMMISSION MEM- SEC. 5. ADVISORY COMMITTEE. entities to promote the historical preserva- BERS; RECUSAL. (a) ESTABLISHMENT.—The Archivist of the tion of, and public access to, historical (a) TERM LIMITS.— United States may establish an advisory records and documents relating to any (1) IN GENERAL.—Section 2501(b)(1) of title committee to— former President who does not have a Presi- 44, United States Code, is amended— (1) review the progress of the Founding Fa- dential archival depository currently man- (A) by inserting ‘‘not more than 2’’ after thers editorial projects funded by the Na- aged and maintained by the Federal Govern- ‘‘subsection (a) shall be appointed for’’; and tional Historical Publications and Records ment pursuant to section 2112 (commonly (B) in subparagraph (A), by striking ‘‘a Commission; known as the ‘Presidential Libraries Act of term’’ and inserting ‘‘not more than 4 (2) develop, in consultation with the var- 1955’). terms’’. ious Founding Fathers editorial projects, ap- ‘‘(2) ELIGIBLE ENTITY.—For purposes of this (2) EFFECTIVE DATE.—The restrictions on propriate completion goals for the projects subsection, an eligible entity is— the terms of members of the National Histor- described in paragraph (1); ‘‘(A) an organization described under sec- ical Publications and Records Commission (3) annually review such goals and report tion 501(c)(3) of the Internal Revenue Code of provided in the amendments made by para- to the Archivist on the progress of the var- 1986 and exempt from taxation under section graph (1) shall apply to members serving on ious projects in meeting the goals; and 501(a) of that Code; or or after the date of enactment of this Act. (4) recommend to the Archivist measures ‘‘(B) a State or local government of the (b) RECUSAL.— that would aid or encourage the projects in United States. (1) IN GENERAL.—Section 2501 of title 44, meeting such goals. ‘‘(3) USE OF FUNDS.—Amounts received by United States Code, is amended by adding at (b) REPORTS TO THE ADVISORY COM- an eligible entity under paragraph (1) shall the end the following: MITTEE.—Each of the projects described in be used to promote the historical preserva- ‘‘(d) RECUSAL.—Members of the Commis- subsection (a)(1) shall provide annually to tion of, and public access to, historical sion shall recuse themselves from voting on the advisory committee established under records or historical documents relating to any matter that poses, or could potentially subsection (a) a report on the progress of the any former President covered under para- pose, a conflict of interest, including a mat- project toward accomplishing the comple- graph (1). ter that could benefit them or an entity they tion goals and any assistance needed to ‘‘(4) PROHIBITION ON USE OF FUNDS.— represent.’’. achieve such goals, including the following: Amounts received by an eligible entity under (2) EFFECTIVE DATE.—The requirement of (1) The proportion of total project funding paragraph (1) may not be used for the main- recusal provided in the amendment made by for the funding year in which the report is tenance, operating costs, or construction of paragraph (1) shall apply to members of the submitted from— any facility to house the historical records National Historical Publications and (A) Federal, State, and local government or historical documents relating to any Records Commission serving on or after the sources; former President covered under paragraph date of enactment of this Act. (B) the host institution for the project; (1). SEC. 4. ONLINE ACCESS OF FOUNDING FATHERS (C) private or public foundations; and ‘‘(5) APPLICATION.— DOCUMENTS; TRANSFER OF FUNDS. (D) individuals. ‘‘(A) IN GENERAL.—An eligible entity seek- (a) IN GENERAL.—Title 44, United States (2) Information on all activities carried out ing a grant under this subsection shall sub- Code, is amended by inserting after section using nongovernmental funding. mit to the Commission an application at 2119 the following: (3) Any and all information related to per- such time, in such manner, and containing formance goals for the funding year in which or accompanied by such information as the ‘‘§ 2120. Online access of founding fathers the report is submitted. Commission may require, including a de- documents (c) COMPOSITION; MEETINGS; REPORT; SUN- scription of the activities for which a grant ‘‘The Archivist may enter into a coopera- SET; ACTION.—The advisory committee estab- under this subsection is sought. tive agreement to provide online access to lished under subsection (a) shall— ‘‘(B) APPROVAL OF APPLICATION.—The Com- the published volumes of the papers of— (1) be comprised of 3 nationally recognized mission shall not consider or recommend a ‘‘(1) George Washington; historians appointed for not more than 2 grant application submitted under subpara- ‘‘(2) Alexander Hamilton; consecutive 4-year terms;

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.002 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22753 (2) meet not less frequently than once a tronically searchable national database con- preservation of, and public access to, year; sisting of historic records of servitude, historical records and documents relat- (3) provide a report on the information ob- emancipation, and post-Civil War recon- ing to any former President who does tained under subsection (b) to the Com- struction, including the Refugees, Freedman, not have a Presidential archival depos- mittee on Homeland Security and Govern- and Abandoned Land Records, Southern mental Affairs of the Senate and the Com- Claims Commission Records, Records of the itory currently managed and main- mittee on Oversight and Government Reform Freedmen’s Bank, Slave Impressments tained under the Presidential Libraries of the House of Representatives not later Records, Slave Payroll Records, Slave Mani- Act of 1955. than 1 year after the date of enactment of fest, and others, contained within the agen- This bill also includes provisions that this Act and annually thereafter; cies and departments of the Federal Govern- limit the tenure of members of the (4) terminate on the date that is 8 years ment to assist African Americans and others NHPRC and provides for their recusal after the date of enactment of this Act; and in conducting genealogical and historical re- from matters that pose, or potentially (5) recommend legislative or executive ac- search. pose, a conflict of interest. tion that would facilitate completion of the (b) MAINTENANCE.—Any database estab- The bill provides for online access to performance goals for the Founding Fathers lished under this section shall be maintained the Founding Fathers documents, es- editorial projects. by the National Archives and Records Ad- tablishes an advisory committee for SEC. 6. CAPITAL IMPROVEMENT PLAN FOR PRES- ministration or an entity within the Na- IDENTIAL ARCHIVAL DEPOSITORIES; tional Archives and Records Administration the NHPRC, and requires that the Ar- REPORT. designated by the Archivist of the United chivist develop a 10-year capital im- (a) IN GENERAL.— States. provement plan with annual updates to (1) PROVISION OF PLAN.—The Archivist of SEC. 8. GRANTS FOR ESTABLISHMENT OF STATE Congress. the United States shall provide to the Com- AND LOCAL DATABASES FOR Additionally, this legislation author- mittee on Appropriations of the Senate and RECORDS OF SERVITUDE, EMANCI- izes the Archivist to establish an elec- the Committee on Appropriations of the PATION, AND POST-CIVIL WAR RE- House of Representatives a 10-year capital CONSTRUCTION. tronically searchable national data- improvement plan, in accordance with para- (a) IN GENERAL.—The Executive Director of base consisting of historic records of graph (2), for all Presidential archival de- the National Historical Publications and servitude, emancipation, and post-Civil positories (as defined in section 2101 of title Records Commission of the National Ar- War reconstruction, including the Ref- 44, United States Code), which shall in- chives and Records Administration may ugees, Freedman, and Abandoned Land clude— make grants to States, colleges and univer- Records, Southern Claims Commission (A) a prioritization of all capital projects sities, museums, libraries, and genealogical Records, Records of the Freedmen’s at Presidential archival depositories that associations to preserve records and estab- Bank, Slave Impressments Records, cost more than $1,000,000; lish electronically searchable databases con- (B) the current estimate of the cost of each sisting of local records of servitude, emanci- Slave Payroll Records, Slave Manifest, capital project; and pation, and post-Civil War reconstruction. and others contained within the agen- (C) the basis upon which each cost esti- (b) MAINTENANCE.—Any database estab- cies and departments of the Federal mate was developed. lished using a grant under this section shall Government to assist African Ameri- (2) PROVIDED TO CONGRESS.—The capital be maintained by appropriate agencies or in- cans and others in conducting genea- improvement plan shall be provided to the stitutions designated by the Executive Di- logical and historical research. committees, as described in paragraph (1), at rector of the National Historical Publica- None of the programs authorized in the same time as the first Budget of the tions and Records Commission. this act shall take precedent over ex- United States Government after the date of The SPEAKER pro tempore. Pursu- isting programs funded by the Commis- enactment of this Act is submitted to Con- ant to the rule, the gentleman from gress. sion unless there is an increase in au- Missouri (Mr. CLAY) and the gentleman (3) ANNUAL UPDATES AND EXPLANATION OF thorization of appropriations and an CHANGES IN COST ESTIMATES.—The Archivist from Virginia (Mr. DAVIS) each will increase in appropriated funds to fund of the United States shall provide to the control 20 minutes. these programs. Committee on Appropriations of the Senate The Chair recognizes the gentleman I urge my colleagues to support this and the Committee on Appropriations of the from Missouri. measure. House of Representatives— GENERAL LEAVE I reserve the balance of my time. (A) annual updates to the capital improve- Mr. CLAY. Mr. Speaker, I ask unani- Mr. DAVIS of Virginia. Mr. Speaker, ment plan described in paragraph (1) at the I yield myself such time as I may con- same time as each subsequent Budget of the mous consent that all Members may have 5 legislative days in which to re- sume. United States Government is submitted to Like many of our Nation’s Presi- Congress; and vise and extend their remarks. dents, this bill has its roots in Vir- (B) an explanation for any changes in cost The SPEAKER pro tempore. Is there estimates. objection to the request of the gen- ginia. The important mission of the (b) AMENDMENT TO MINIMUM AMOUNT OF EN- tleman from Missouri? Woodrow Wilson Presidential Library DOWMENT.—Section 2112(g)(5)(B) of title 44, in Staunton, Virginia, and the deter- United States Code, is amended by striking There was no objection. Mr. CLAY. Mr. Speaker, I yield my- mination of the individuals there com- ‘‘40’’ and inserting ‘‘60’’. bined to move this legislation forward. (c) REPORT.—Not later than 270 days after self such time as I may consume. I want to thank Mr. GOODLATTE for the date of enactment of this Act, the Archi- Mr. Speaker, as a member of the his hard work on this legislation. He’s vist of the United States shall provide a re- House Committee on Oversight and really worked many years on this. I port to the Committee on Homeland Secu- Government Reform, I stand to urge rity and Governmental Affairs of the Senate also want to recognize the valuable the passage of S. 3477. The National and the Committee on Oversight and Govern- contribution of its sponsor in the other Historical Publications and Records ment Reform of the House of Representa- body, Senator WARNER, and also recog- Commission is the grant-making arm tives, that provides 1 or more alternative nize and acknowledge the important models for presidential archival depositories of the National Archives and Records provisions added by Senators CARPER that— Administration. The NHPRC makes and LIEBERMAN. (1) reduce the financial burden on the Fed- grants to help identify, preserve, and eral Government; This bill modifies an existing pro- provide public access to records, photo- gram within the National Historical (2) improve the preservation of presidential graphs, and other materials that docu- records; and Publications and Records Commission (3) reduce the delay in public access to all ment American history. The grants go to ensure that grant funding is avail- presidential records. to State and local archives, colleges able to preserve, and provide public ac- SEC. 7. ESTABLISHMENT OF NATIONAL DATA- and universities, libraries, historical cess to, historical documents of Presi- BASE FOR RECORDS OF SERVITUDE, societies, and other nonprofit organiza- EMANCIPATION, AND POST-CIVIL dents not currently covered under the tions throughout the country. Presidential Libraries Act of 1955. WAR RECONSTRUCTION. This legislation provides that the Ar- (a) IN GENERAL.—The Archivist of the b 1515 United States may preserve relevant records chivist, with the recommendations of and establish, as part of the National Ar- the NHPRC, may grant money to eligi- The bill makes structural changes to chives and Records Administration, an elec- ble entities to promote the historical the commission by placing 8-year term

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.002 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22754 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 limits on members and requires mem- accessible records and archives, and re- ments, and it is my hope that these bers to recuse themselves from votes search and develop means to preserve NHPRC grants will help organizations that would lead to a conflict of inter- authentic electronic records. Unfortu- like this serve the American public. est. nately, the NHPRC does not preserve Mr. DAVIS of Virginia. I yield back In addition, it allows the Archivist to the documents of all Presidents. the balance of my time and urge my publish online the various public cases The Presidential Historical Records colleagues to support the bill. funded by the commission of the Preservation Act of 2008 would allow Mr. CLAY. Mr. Speaker, first before I Founding Fathers and any other NHPRC to make grants on a competi- close, I would like to commend my two prominent historical figures. tive basis to eligible entities to pro- colleagues from Virginia, Mr. GOOD- Finally, the bill grants the Archivist mote the historic preservation of, and LATTE and Mr. DAVIS, as well as their the ability to establish a database for public access to, historical records and two U.S. Senators for introducing this Federal records of servitude, emanci- documents relating to any President important piece of legislation and pation and post-Civil War reconstruc- who does not have a Presidential archi- shepherding it through, and I urge my tion and provides that the National val depository currently managed and colleagues to support this measure. Historic Publication and Records Com- maintained by the Federal Government I yield back the balance of my time. mission may make grants to preserve pursuant to the Presidential Libraries The SPEAKER pro tempore. The local records of servitude, emanci- Act of 1955. question is on the motion offered by pation and post-Civil War reconstruc- Mr. Speaker, this legislation, in the gentleman from Missouri (Mr. tion. order to be eligible to receive these CLAY) that the House suspend the rules This bill has solid bipartisan support. grants, an entity must qualify as a and pass the Senate bill, S. 3477. I want to thank Chairman WAXMAN for 501(c)(3) of the Internal Revenue Code The question was taken; and (two- his support and also Mr. CLAY for being or be a State or local government. In thirds being in the affirmative) the here to usher this through today. It has order to maintain the integrity of the rules were suspended and the Senate taken a lot of hard work behind the grant program, the NHPRC may only bill was passed. scenes on the part of our staffs in order approve grants to those entities that A motion to reconsider was laid on to increase the awareness and the un- possess historical works and collec- the table. derstanding of the life and principles tions of historical sources that the f and accomplishments of our past Presi- commission considers appropriate for WAIVING CLAIMS TO CERTAIN dents. I just want to ask my colleagues preserving, publishing, or otherwise re- DOCUMENTS RELATING TO to join me in supporting this legisla- cording at the public expense. The enti- FRANKLIN DELANO ROOSEVELT tion. ty must also have appropriate facilities I reserve the balance of my time. and space for preservation of such his- Mr. CLAY. Mr. Speaker, I move to Mr. CLAY. Mr. Speaker, I continue torical works and ensure public access suspend the rules and pass the bill to reserve. I don’t have any other to these collections. (H.R. 6669) to provide that claims of the speakers. Finally, to maintain the fiscal integ- United States to certain documents re- Mr. DAVIS of Virginia. If I could rity of this act, the receiving entity lating to Franklin Delano Roosevelt yield to the bill’s sponsor who has real- must have raised funds from non-Fed- shall be treated as waived and relin- ly worked on this through the years eral sources in support of the grant ef- quished in certain circumstances. and has really helped to shepherd this forts. In addition, grants may not be The Clerk read the title of the bill. through both bodies, the gentleman used for the maintenance, operating The text of the bill is as follows: from Roanoke, Mr. GOODLATTE. I yield costs, or construction of any facility to H.R. 6669 to him such time as he may consume. house the historical records of any Be it enacted by the Senate and House of Rep- Mr. GOODLATTE. I want to thank President who does not have a Presi- resentatives of the United States of America in Ranking Member DAVIS, my colleague dential archival depository currently Congress assembled, from Virginia, for not only yielding me managed by the Federal Government. SECTION 1. TREATMENT OF OWNERSHIP OF CER- TAIN DOCUMENTS RELATING TO time but also for his leadership in Mr. Speaker, as you can see, the focus FRANKLIN DELANO ROOSEVELT. working so hard with Chairman WAX- of the bill is preservation and access to (a) IN GENERAL.—If any person makes a MAN, with Members of the Senate and documents, not constructing new gift of any property described in subsection others who have been involved in push- buildings or monuments. (b) to the National Archives and Records Ad- ing this legislation forward, for helping I also commend my colleagues in the ministration, then any claim of the United to finally reach this day in which we Senate for their improvements to this States to such property shall be treated as have legislation that concurs with leg- bill by allowing the Archivist to pro- having been waived and relinquished on the islation in the Senate. vide greater online access to historical day before the date of such gift. (b) PROPERTY DESCRIBED.—Property is de- I urge my colleagues to support the documents of our Nation’s Founding scribed in this subsection if such property is Presidential Historic Records Preser- Fathers. With this provision, future a part of the collection of documents, papers, vation Act of 2008. I introduced similar generations will have greater access to and memorabilia relating to Franklin Dela- legislation a few weeks ago in the the stories and journeys on the cre- no Roosevelt, or any member of his family or House, along with my colleagues in the ation of our great country. staff, which was originally in the possession Senate, Senators JOHN WARNER and JIM I want to thank my colleagues, of Grace Tully and retained by her at the WEBB. Ranking Member DAVIS and Chairman time of her death, and included in her estate. Mr. Speaker, the National Historical WAXMAN, for their help with this legis- The SPEAKER pro tempore. Pursu- Publications and Records Commission lation. I would also like to thank the ant to the rule, the gentleman from is a statutory body affiliated with the staff at the Archives and Senators Missouri (Mr. CLAY) and the gentleman National Archives and Records Admin- WARNER and WEBB for their assistance, from Virginia (Mr. DAVIS) each will istration. The NHPRC was established as well as the Senate Committee on control 20 minutes. by Congress in 1934 to promote the Government Affairs and Homeland Se- The Chair recognizes the gentleman preservation and use of America’s doc- curity in crafting this important bill. from Missouri. umentary heritage essential to under- Finally, I especially want to thank GENERAL LEAVE standing our democracy, history, and my constituents at the Woodrow Wil- Mr. CLAY. Mr. Speaker, I ask unani- culture. son Presidential Library in Staunton, mous consent that all Members may Currently, the NHPRC is authorized Virginia, for their assistance and guid- have 5 legislative days in which to re- to administer grants to promote pres- ance as this bill has taken on many vise and extend their remarks. ervation and use of America’s docu- forms over the past few years. The The SPEAKER pro tempore. Is there mentary heritage. The NHPRC sup- Woodrow Wilson Presidential Library objection to the request of the gen- ports projects that preserve and make has preserved several thousand docu- tleman from Missouri?

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.002 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22755 There was no objection. Ms. SLAUGHTER. Mr. Speaker, today I am will open up the life of Franklin Roosevelt for Mr. CLAY. Mr. Speaker, I yield my- proud to support HR 6669, a bill that will everyone to enjoy. With the economic distress self such time as I may consume. waive and relinquish claims by the United that our nation is facing today, we would do As a member of the House Committee States to certain documents relating to Frank- well to follow President Roosevelt’s example. on Oversight and Government Reform, lin Delano Roosevelt. This legislation would There is little doubt this nation could use some I rise today in support of H.R. 6669, allow the transfer of the Tully/Suckley papers lifting up right about now. which was introduced by Congress- from the Sun Times Media to the Franklin This bill makes sense, is non-controversial, woman Kirsten Gillibrand on July 30, Delano Roosevelt Library. These papers shed and is for the good of the United States. 2008. a great deal of light on the FDR era and are Please support this legislation that would allow This bill waives a government inter- the largest collection of FDR documents and this transfer to the FDR Library. It would shed est in certain records in order to allow memorabilia in private hands. light on one of the most important Presidents private owners of some personal papers Franklin Delano Roosevelt started his polit- of the 20th Century and greatly consolidate of President Franklin Delano Roo- ical career in New York State by working vig- the legacy of the Roosevelt era. I am honored sevelt to deliver these valuable papers, orously for reform movements that would re- to rise today and support this legislation and called the Tully Collection, to the FDR define the role of government, and he never encourage my colleagues to do the same. Presidential Library in Hyde Park, stopped. The programs that epitomized the Mr. CLAY. Mr. Speaker, I yield back New York. New Deal had their genesis in Albany. As gov- the balance of my time and urge my The owners of the collection cur- ernor, Roosevelt implemented many of the in- colleagues to support the legislation. rently want to donate the papers to the novative, progressive policies he would later The SPEAKER pro tempore. The FDR Library, but because the National introduce to the Nation as President. He ex- question is on the motion offered by Archives asserted a claim to a portion panded state assistance to social services and the gentleman from Missouri (Mr. of the collection, the owners would be state agencies and eased the hardships on CLAY) that the House suspend the rules ineligible for a common tax deduction New York’s agricultural industry by encour- and pass the bill, H.R. 6669. for the fair market value of the dona- aging tax cuts for small farmers. Upon the The question was taken. tion. onset of the Great Depression, he authorized The SPEAKER pro tempore. In the I urge my colleagues to support this the New York State Unemployment Relief Act opinion of the Chair, two-thirds being measure. and the Temporary Emergency Relief Admin- in the affirmative, the ayes have it. I reserve the balance of my time. istration. Mr. DAVIS of Virginia. Mr. Speaker, Mr. DAVIS of Virginia. Mr. Speaker, In 1928, Roosevelt won the Democratic I object to the vote on the ground that I yield myself such time as I may con- nomination for Governor at the Naval Armory a quorum is not present and make the sume. I will try to be brief. in my home city of Rochester, New York. point of order that a quorum is not Mr. Speaker, this is a simple bill While serving as Governor, his successes ele- present. with the limited purpose of waiving vated him to national prominence, and in The SPEAKER pro tempore. Pursu- certain claims of the United States to 1932, he was elected President of the United ant to clause 8 of rule XX and the specific documents relating to Presi- States for the first of an unprecedented—and Chair’s prior announcement, further dent Franklin Delano Roosevelt. never to be repeated—four terms in office. proceedings on this motion will be The papers in question, known as the Franklin Roosevelt embraced the unique ca- postponed. Tully Collection, are a very important pabilities of every individual and worked tire- The point of no quorum is considered and valuable collection of materials re- lessly to ensure that all Americans would be withdrawn. lating to Roosevelt’s Presidency. able to earn a living and build this great Na- f Grace Tully served on President Roo- tion. As a result of initiatives like the PWA, the AIR CARRIAGE OF sevelt’s secretarial staff for several WPA, and the CCC, the unemployed got jobs, INTERNATIONAL MAIL ACT decades and in 1941 became his personal people were able to support their families, and secretary. After her death, her collec- this Nation was able to grow and prosper. I Mr. CLAY. Mr. Speaker, I move to tion of personal papers passed on hope that, as public servants, my colleagues suspend the rules and pass the Senate through her niece into the hands of pri- will join me in following in his example by sup- bill (S. 3536) to amend section 5402 of vate collectors, and finally, to the cur- porting honest policies that work to better the title 39, United States Code, to modify rent owner, Sun Times Media, which lives of American people. the authority relating to United States bought the collection for $8 million in Franklin Roosevelt had great regard for pub- Postal Service air transportation con- 2001. lic service, and served with a sense of respon- tracts, and for other purposes. In 2004, the National Archives as- sibility and honor. His respect for the Amer- The Clerk read the title of the Senate serted a claim to a portion of the docu- ican people and the value he placed on their bill. ments. Sun Times Media would now well-being and security drove everything he The text of the Senate bill is as fol- like to donate the entire collection to did. President Roosevelt came to embody lows: the FDR Presidential Library, but due strength, hope and resolve during some of the S. 3536 to the Archives’ formal claim, Sun most difficult days in our Nation’s history. Be it enacted by the Senate and House of Rep- Times Media is prevented from receiv- From the economic distress of the Great De- resentatives of the United States of America in ing any type of tax deduction for this, pression to the horrifying attack on Pearl Har- Congress assembled, the donation. bor that caused the Nation to enter World War SECTION 1. SHORT TITLE. This bill will address the legal bar- II, Roosevelt’s steadfast leadership ignited an This Act may be cited as the ‘‘Air Carriage of International Mail Act’’. riers preventing the transfer of this economic engine and calmed a frightened na- SEC. 2. AIR CARRIAGE OF INTERNATIONAL MAIL. very important collection to President tion. (a) CONTRACTING AUTHORITY.—Section 5402 Roosevelt’s library. The legacy of his policies will certainly out- of title 39, United States Code, is amended by I understand this bill has the strong last my lifetime and will continue to benefit my striking subsections (b) and (c) and inserting support of members of the New York children and grandchildren for years to come. the following: delegation. I would urge Members to We owe him an unpayable debt of gratitude. ‘‘(b) INTERNATIONAL MAIL.— support this legislation to help com- And while only those closest to him realized ‘‘(1) IN GENERAL.— plete this historical collection. that he couldn’t walk unaided, as former Gov- ‘‘(A) Except as otherwise provided in this I reserve the balance of my time. ernor of New York, Mario Cuomo said, ‘‘Frank- subsection, the Postal Service may contract Mr. CLAY. Mr. Speaker, I have no ad- lin Roosevelt lifted himself from his wheelchair for the transportation of mail by aircraft be- ditional speakers. I will continue to re- tween any of the points in foreign air trans- to lift this nation from its knees.’’ portation only with certificated air carriers. serve. Today more than ever, we can learn from A contract may be awarded to a certificated Mr. DAVIS of Virginia. I yield back Franklin Roosevelt’s leadership. There is no air carrier to transport mail by air between the balance of my time and urge its better way to do this than to study his past. By any of the points in foreign air transpor- adoption. allowing the transfer of these documents, it tation that the Secretary of Transportation

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.002 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22756 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 has authorized the carrier to serve either di- ‘‘(B) its demand for lift exceeds the space (10) Subsections (b) and (c) of section 3401 rectly or through a code-share relationship available to it under existing contracts and— of title 39, United States Code, are amend- with one or more foreign air carriers. ‘‘(i) there is insufficient time available to ed— ‘‘(B) If the Postal Service has sought offers seek additional lift using procedures that (A) by striking ‘‘at rates fixed and deter- or proposals from certificated air carriers to comply with those requirements without mined by the Secretary of Transportation in transport mail in foreign air transportation compromising the Postal Service’s service accordance with section 41901 of title 49’’ and between points, or pairs of points within a commitments to its own customers; and inserting ‘‘or, for carriage of mail in foreign geographic region or regions, and has not re- ‘‘(ii) the Postal Service first offers any cer- air transportation, other air carriers, air ceived offers or proposals that meet Postal tificated air carrier holding a contract to taxi operators or foreign air carriers as per- Service requirements at a fair and reason- carry mail between the relevant points the mitted by section 5402 of this title’’; able price from at least 2 such carriers, the opportunity to carry such excess volumes (B) by striking ‘‘at rates not to exceed Postal Service may seek offers or proposals under the terms of its existing contract. those so fixed and determined for scheduled from foreign air carriers. Where service in ‘‘(c) GOOD FAITH EFFORT REQUIRED.—The United States air carriers’’; foreign air transportation meeting the Post- Postal Service and potential offerors shall (C) by striking ‘‘scheduled’’ each place it al Service’s requirements is unavailable at a put a good-faith effort into resolving dis- appears and inserting ‘‘certificated’’; and fair and reasonable price from at least 2 cer- putes concerning the award of contracts (D) by striking the last sentence in each tificated air carriers, either directly or made under subsection (b).’’. such subsection. (b) CONFORMING AMENDMENTS TO TITLE 49.— through a code-share relationship with one (11) Section 5402(a) of title 39, United (1) Section 41901(a) is amended by striking or more foreign air carriers, the Postal Serv- States Code, is amended— ‘‘39.’’ and inserting ‘‘39, and in foreign air ice may contract with foreign air carriers to (A) by inserting ‘‘ ‘foreign air carrier’.’’ transportation under section 5402(b) and (c) provide the service sought if, when the Post- after ‘‘ ‘interstate air transportation’,’’ in of title 39.’’. al Service seeks offers or proposals from for- paragraph (2); (2) Section 41901(b)(1) is amended by strik- eign air carriers, it also seeks an offer or (B) by redesignating paragraphs (7) ing ‘‘in foreign air transportation or’’. proposal to provide that service from any through (23) as paragraphs (8) through (24) (3) Section 41902 is amended— certificated air carrier providing service be- and inserting after paragraph (6) the fol- (A) by striking ‘‘in foreign air transpor- tween those points, or pairs of points within lowing: tation or’’ in subsection (a); a geographic region or regions, on the same ‘‘(7) the term ‘certificated air carrier’ terms and conditions that are being sought (B) by striking subsection (b) and inserting the following: means an air carrier that holds a certificate from foreign air carriers. of public convenience and necessity issued ‘‘(C) For purposes of this subsection, the ‘‘(b) STATEMENTS ON PLACES AND SCHED- ULES.—Every air carrier shall file with the under section 41102(a) of title 49;’’; Postal Service shall use a methodology for (C) by redesignating paragraphs (9) determining fair and reasonable prices for United States Postal Service a statement showing— through (24), as redesignated, as paragraphs the Postal Service designated region or re- (10) through (25), respectively, and inserting gions developed in consultation with, and ‘‘(1) the places between which the carrier is authorized to transport mail in Alaska; after paragraph (8) the following: with the concurrence of, certificated air car- ‘‘(9) the term ‘code-share relationship’ riers representing at least 51 percent of ‘‘(2) every schedule of aircraft regularly op- means a relationship pursuant to which any available ton miles in the markets of inter- erated by the carrier between places de- certificated air carrier or foreign air car- est. scribed in paragraph (1) and every change in rier’s designation code is used to identify a ‘‘(D) For purposes of this subsection, ceil- each schedule; and flight operated by another air carrier or for- ing prices determined pursuant to the meth- ‘‘(3) for each schedule, the places served by eign air carrier;’’; and odology used under subparagraph (C) shall be the carrier and the time of arrival at, and de- (D) by inserting ‘‘foreign air carrier,’’ after presumed to be fair and reasonable if they do parture from, each such place.’’; ‘‘terms’’ in paragraph (2). not exceed the ceiling prices derived from— (C) by striking ‘‘subsection (b)(3)’’ each place it appears in subsections (c)(1) and (d) (c) EFFECTIVE DATE.—The amendments ‘‘(i) a weighted average based on market made by this section shall take effect on Oc- rate data furnished by the International Air and inserting ‘‘subsection (b)(2)’’; and (D) by striking subsections (e) and (f). tober 1, 2008. Transport Association or a subsidiary unit The SPEAKER pro tempore. Pursu- thereof; or (4) Section 41903 is amended by striking ‘‘in ‘‘(ii) if such data are not available from foreign air transportation or’’ each place it ant to the rule, the gentleman from those sources, such other neutral, regularly appears. Missouri (Mr. CLAY) and the gentleman updated set of weighted average market (5) Section 41904 is amended— from Virginia (Mr. DAVIS) each will rates as the Postal Service, with the concur- (A) by striking ‘‘to or in foreign countries’’ control 20 minutes. rence of certificated air carriers representing in the section heading; The Chair recognizes the gentleman at least 51 percent of available ton miles in (B) by striking ‘‘to or in a foreign country’’ from Missouri. and inserting ‘‘between two points outside the markets of interest, may designate. GENERAL LEAVE ‘‘(E) If, for purposes of subparagraph the United States’’; and (C) by inserting after ‘‘transportation.’’ Mr. CLAY. Mr. Speaker, I ask unani- (D)(ii), concurrence cannot be attained, then mous consent that all Members may the most recently available market rate data the following: ‘‘Nothing in this section shall described in this subparagraph shall con- affect the authority of the Postal Service to have 5 legislative days in which to re- tinue to apply for the relevant market or make arrangements with noncitizens for the vise and extend their remarks. markets. carriage of mail in foreign air transportation The SPEAKER pro tempore. Is there ‘‘(2) CONTRACT PROCESS.—The Postal Serv- under subsections 5402(b) and (c) of title 39.’’. objection to the request of the gen- ice shall contract for foreign air transpor- (6) Section 41910 is amended by striking the tleman from Missouri? tation as set forth in paragraph (1) through first sentence and inserting ‘‘The United There was no objection. an open procurement process that will pro- States Postal Service may weigh mail trans- Mr. CLAY. Mr. Speaker, I yield my- vide— ported by aircraft between places in Alaska self such time as I may consume. ‘‘(A) potential offerors with timely notice and make statistical and –administrative S. 3536 would eliminate the Depart- of business opportunities in sufficient detail computations necessary in the interest of ment of Transportation’s international mail service.’’. to allow them to make a proposal; rate-setting authority and allow the ‘‘(B) requirements, proposed terms and (7) Chapter 419 is amended— conditions, and evaluation criteria to poten- (A) by striking sections 41905, 41907, 41908, Postal Service to contract with U.S. tial offerors; and and 41911; and air carriers for international mail ‘‘(C) an opportunity for unsuccessful (B) redesignating sections 41906, 41909, transportation rates and services. offerors to receive prompt feedback upon re- 41910, and 49112 as sections 41905, 41906, 41907, The Postal Service currently spends quest. and 41908, respectively. well over $200 million annually to ‘‘(3) EMERGENCY OR UNANTICIPATED CONDI- (8) The chapter analysis for chapter 419 is transport international mail, at rates TIONS; INADEQUATE LIFT SPACE.—The Postal amended by redesignating the items relating set by regulation, not the marketplace. Service may enter into contracts to trans- to sections 41906, 41909, 41910, and 49112 as re- The current system for setting inter- port mail by air in foreign air transportation lating to sections 41905, 41906, 41907, and national mail air transportation rates with a certificated air carrier or a foreign air 41908, respectively. is almost 30 years old and does not ac- carrier without complying with the require- (9) Section 101(f) of title 39, United States ments of paragraphs (b)(1) and (2) if— Code, is amended by striking ‘‘mail and shall curately reflect the cost of inter- ‘‘(A) emergency or unanticipated condi- make a fair and equitable distribution of national mail carriage in today’s high- tions exist that make it impractical for the mail business to carriers providing similar ly competitive markets. Postal Service to comply with such require- modes of transportation services to the Post- Both the GAO and the Postal Service ments; or al Service.’’ and inserting ‘‘mail.’’. Office of Inspector General support the

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OBERSTAR, M.C., Chairman. flects the collaborative efforts of both tion. groups to develop legislation they It’s disappointing to see that there is CONGRESS OF THE UNITED STATES, could embrace. a thread of protectionism running HOUSE OF REPRESENTATIVES, Allowing the Postal Service to nego- through this legislation in that non- Washington, DC, September 27, 2008. tiate and contract for the international American airlines are not free to com- Hon. JAMES OBERSTAR, air transportation of mail at fair and pete on an even footing with American- Chairman, Committee on Transportation and reasonable prices means approximately owned airlines. This means the tax- Infrastructure, Washington, DC. payer won’t always be getting the very DEAR CHAIRMAN OBERSTAR: I write to you $50 million a year in savings. According regarding S. 3536, the ‘‘Air Carriage Inter- to the Postal Service, ‘‘roughly half of best deal possible. national Mail Act.’’ that savings would be passed through But Postal Service needs relief and I agree that provisions in S. 3536 are of ju- to the Department of Defense, which postal customers deserve better and risdictional interest to the Committee on reimburses the Postal Service for the more cost-effective service, and this Transportation and Infrastructure. I appre- transportation of international mili- bill advances that. This bill seeks to ciate your willingness to waive rights to fur- tary mail.’’ As such, S. 3536 also enjoys accomplish this, and for this reason I ther consideration of S. 3536, and I acknowl- the support of the Department of De- support the bill and ask my colleagues edge that through this waiver, your Com- mittee is not relinquishing its jurisdiction fense Military Postal Service Agency to do the same. over the relevant provisions of S. 3536. and DOT. I want to thank, again, Mr. WAXMAN, This exchange of letters will be placed in I commend my colleague, Senator Mr. CLAY, Senator CARPER on the Sen- the Congressional Record as part of the con- CARPER, for his leadership on this im- ate side, along with Mrs. COLLINS of sideration of S. 3536 in the House. portant legislation. I also commend Maine for their support in bringing this I thank you for working with me to pass Chairman WAXMAN and Ranking Mem- together. this important legislation. ber Tom Davis for their strong support Mr. Speaker, I yield back the balance Sincerely, of my time. HENRY A. WAXMAN, over the years to allow the Postal Chairman. Service to obtain savings for postal Mr. CLAY. Mr. Speaker, before I Mr. CLAY. Mr. Speaker, I yield back customers and secure much more com- close, I would like to publicly say what the balance of my time. petitive mail rates. a pleasure it has been to serve with my The SPEAKER pro tempore. The friend from Virginia (Mr. DAVIS). He b 1530 was the former chairman of the Over- question is on the motion offered by In closing, I support the passage of S. sight and Government Reform Com- the gentleman from Missouri (Mr. 3536. mittee and now the ranking member. CLAY) that the House suspend the rules Mr. Speaker, I reserve the balance of But since I got here in 2000, he has been and pass the Senate bill, S. 3536. The question was taken. my time. nothing but a friend to me, and I appre- The SPEAKER pro tempore. In the Mr. DAVIS of Virginia. Mr. Speaker, ciate his service. I know we’re getting opinion of the Chair, two-thirds being I yield myself such time as I may con- close to adjournment, but I’m sure this in the affirmative, the ayes have it. sume. won’t be the last time we hear from Mr. Speaker, one of the many things Mr. DAVIS of Virginia. Mr. Speaker, TOM DAVIS. I object to the vote on the ground that we tried to accomplish during our long Mr. DAVIS of Virginia. Thank you a quorum is not present and make the effort to update the Postal Reorganiza- very much. point of order that a quorum is not tion Act was to find a way to save the Mr. WAXMAN. Madam Speaker, enclosed is U.S. Postal Service money by allowing present. an exchange of letters between the Chairmen The SPEAKER pro tempore. Pursu- it to competitively award contracts to of the House Committee on Oversight and ant to clause 8 of rule XX and the transport international mail between Government Reform and the House Com- Chair’s prior announcement, further any of the points in foreign air trans- mittee on Transportation and Infrastructure re- proceedings on this motion will be portation. garding S. 3536 the ‘‘Air Carriage of Inter- postponed. Despite Chairman WAXMAN’s and my national Mail Act.’’ The point of no quorum is considered best efforts, we failed to come to an HOUSE OF REPRESENTATIVES, COM- withdrawn. agreement on this issue before the MITTEE ON TRANSPORTATION AND f Postal Reform bill passed in 2006. Over INFRASTRUCTURE, the past year, the Postal Service and Washington, DC, September 27, 2008. LEO J. RYAN POST OFFICE the American airline industry have Hon. HENRY A. WAXMAN, BUILDING Chairman, Committee on Oversight and Govern- worked on an agreement that I think Mr. CLAY. Mr. Speaker, I ask unani- both parties can support, and that ment Reform, Washington, DC. DEAR CHAIRMAN WAXMAN: I write to you re- mous consent that the Committee on agreement is the legislation before us garding S. 3536, the ‘‘Air Carriage of Inter- Oversight and Government Reform be today. national Mail Act’’. discharged from further consideration This bill will allow the Postal Serv- S. 3536 contains provisions that fall within of the bill (H.R. 6982) to designate the ice to competitively award contracts to the jurisdiction of the Committee on Trans- facility of the United States Postal U.S. airlines for the transportation of portation and Infrastructure. I recognize and appreciate your desire to bring this legisla- Service located at 210 South Ellsworth international mail overseas. The legis- Avenue in San Mateo, California, as lation also would save money for the tion before the House in an expeditious man- ner and, accordingly, I will not seek a se- the ‘‘Leo J. Ryan Post Office Build- U.S. Department of Defense, which re- quential referral of the bill. However, I agree ing,’’ and ask for its immediate consid- imburses the Postal Service for the to waive consideration of this bill with the eration in the House. transportation of mail overseas. This mutual understanding that my decision to The Clerk read the title of the bill. bill enables the Postal Service to par- forego a sequential referral of the bill does The SPEAKER pro tempore. Is there ticipate in today’s highly competitive not waive, reduce, or otherwise affect the ju- objection to the request of the gen- market and secure much more com- risdiction of the Committee on Transpor- tleman from Missouri? petitive mail rates, maximizing effi- tation and Infrastructure over S. 3536. There was no objection. ciency and providing better service for Please place a copy of this letter and your response acknowledging the Committee on The text of the bill is as follows: postal customers. Transportation and Infrastructure’s jurisdic- H.R. 6982 It is well known that the Postal tional interest in the Congressional Record Be it enacted by the Senate and House of Rep- Service is under serious financial during consideration of the measure on the resentatives of the United States of America in strain and that this agreement will House Floor. Congress assembled,

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SECTION 1. LEO J. RYAN POST OFFICE BUILDING. Whereas the 2008 Waipio Little League I would like to thank Chairman HENRY WAX- (a) DESIGNATION.—The facility of the World Champions are Iolana Akau, Jedd MAN and Ranking Member TOM DAVIS for the United States Postal Service located at 210 Andrade, Christian Donahue, Caleb Duhay, Committee on Oversight and Government Re- South Ellsworth Avenue in San Mateo, Cali- Ulumano Farm, Kainoa Fong, Trevor Ling, form’s support in advancing this resolution. I fornia, shall be known and designated as the Keelen Obedoza, Khade Paris, Tanner ‘‘Leo J. Ryan Post Office Building’’. Tokunaga, Jordan Ulep, Pikai Winchester, would also like to thank Representative MAZIE (b) REFERENCES.—Any reference in a law, Matthew Yap, manager Timo Donahue, and HIRONO, Representative ENI FALEOMAVAEGA map, regulation, document, paper, or other coaches Kiha Akau and Gregg Tsukawa; and Representative MADELEINE BORDALLO for record of the United States to the facility re- Whereas the Waipio Little League team their unflagging support and also that of Rep- ferred to in subsection (a) shall be deemed to was successful because of solid coaching and resentative JOHN PETERSON, whose district be a reference to the ‘‘Leo J. Ryan Post Of- execution of fundamentals and discipline; hosts the Little League WorId Series. fice Building’’. Whereas the World Series victories of the I ask my colleagues to join me in honoring The bill was ordered to be engrossed Waipio Little League baseball team exempli- the Waipio Little League Baseball team and and read a third time, was read the fies the sportsmanship, hard work, and dedi- their accomplishments and ask for your sup- cation of its players, coaches, and families; third time, and passed, and a motion to port of H. Res. 1436. and The resolution was agreed to. reconsider was laid on the table. Whereas the achievement of the Waipio f Little League team is the cause of enormous A motion to reconsider was laid on the table. CONGRATULATING THE WAIPIO pride for the Nation, the State of Hawaii, and the community of Waipio: Now, there- f LITTLE LEAGUE BASEBALL fore, be it TEAM FOR WINNING THE 2008 Resolved, That the House of Representa- GORDON N. CHAN POST OFFICE LITTLE LEAGUE WORLD CHAM- tives— BUILDING PIONSHIP (1) congratulates the Waipio Little League Mr. CLAY. Mr. Speaker, I ask unani- Mr. CLAY. Mr. Speaker, I ask unani- baseball team on being 2008 Little League mous consent that the Committee on World Champions; mous consent that the Committee on Oversight and Government Reform be (2) commends the team’s families, coaches, discharged from further consideration Oversight and Government Reform be and community for their support and dedica- discharged from further consideration tion to enabling the success of the team on of the bill (H.R. 6558) to designate the of House Resolution 1436 and ask for its and off the field; and facility of the United States Postal immediate consideration in the House. (3) respectfully requests that the Clerk of Service located at 1750 Lundy Avenue The Clerk read the title of the resolu- the House transmit an enrolled copy of this in San Jose, California, as the ‘‘Gordon tion. resolution to the City and County of Hono- N. Chan Post Office Building,’’ and ask The SPEAKER pro tempore. Is there lulu and to each player, manager, and coach for its immediate consideration in the objection to the request of the gen- of the Waipio Little League baseball team House. for appropriate display. tleman from Missouri? The Clerk read the title of the bill. There was no objection. Mr. ABERCROMBIE. Mr. Speaker, I rise The SPEAKER pro tempore. Is there The text of the resolution is as fol- today to support H. Res. 1436, a resolution to objection to the request of the gen- lows: congratulate the Waipio Little League Team tleman from Missouri? from the State of Hawaii for winning the 2008 There was no objection. H. RES. 1436 Little League World Series. The text of the bill is as follows: Whereas, on August 24, 2008, the Waipio On August 24, 2008, the Waipio Little H.R. 6558 Little League baseball team from Waipio, Be it enacted by the Senate and House of Rep- Hawaii, defeated the Matamoros Little League baseball team won the Little League resentatives of the United States of America in League team of Tamaulipas, Mexico, by a World Championship. Waipio defeated the Congress assembled, score of 12 to 3, to become the 2008 Little Matamoros Little League team of Tamaulipas, League Champions in the 2008 Little League Mexico, 12–3. This is the most runs scored by SECTION 1. GORDON N. CHAN POST OFFICE BUILDING. World Series at Williamsport, Pennsylvania; one team in a World Series title game since (a) DESIGNATION.—The facility of the Whereas the Waipio Little League team 1998. Waipio’s victory by nine runs is also the United States Postal Service located at 1750 went undefeated through the 2008 Little largest winning margin by a US team over an Lundy Avenue in San Jose, California, shall League World Series defeating— international opponent in the title game, be known and designated as the ‘‘Gordon N. (1) Shelton National Little League team of To get to the Little League World Series, Chan Post Office Building’’. Shelton, Connecticut, by 3 to 1; (b) REFERENCES.—Any reference in a law, (2) Citrus Park Little League team of Wapio went undefeated through the season. They went 3–0 in pool play, defeating teams map, regulation, document, paper, or other Tampa, Florida, 10 to 2; record of the United States to the facility re- (3) Canyon Lake Little League team of from Connecticut, Florida and South Dakota. ferred to in subsection (a) shall be deemed to Rapid City, South Dakota, 6 to 4; On August 20, 2008, Waipio won the United be a reference to the ‘‘Gordon N. Chan Post (4) Mill Creek Little League team of Mill States Semifinal by defeating Mill Creek Little Office Building’’. Creek, Washington, 9 to 4; League, from Mill Creek, Washington. Then on (5) South Lake Charles Little League team The bill was ordered to be engrossed of Lake Charles, Louisiana, 7 to 5; and August 23, 2008, they won the United States and read a third time, was read the (6) Matamoros Little League team of Championship by defeating South Lake third time, and passed, and a motion to Tamaulipas, Mexico, 12 to 3; Charles Little League, of Lake Charles, Lou- reconsider was laid on the table. Whereas the first 12 runs scored by the isiana. During this game, the team was down f Waipio Little League team were the most by 5–1, but persevered and came back in the one team in a World Series title game since sixth and final inning by scoring six runs, to CWO RICHARD R. LEE POST 1998; win the game 7–5. OFFICE BUILDING Whereas the winning margin by the Waipio I would like to congratulate each member of Mr. CLAY. Mr. Speaker, I ask unani- Little League team was the largest ever by a the team and recognize their spirit and deter- United States team over an international op- mous consent that the Committee on ponent in the title game; mination that got them so far: Iolana Akau, Oversight and Government Reform be Whereas the 2008 Championship is the Jedd Andrade, Christian Donahue, Caleb discharged from further consideration fourth World Championship title in a row for Duhay, Ulumano Farm, Kainoa Fong, Trevor of the bill (H.R. 6834) to designate the the United States; Ling, Keelen Obedoza, Khade Paris, Tanner facility of the United States Postal Whereas, on August 23, 2008, the Waipio Tokunaga, Jordan Ulep, Pikai Winchester, Service located at 4 South Main Street Little League team won the United States Matthew Yap, Manager Timo Donahue, Coach in Wallingford, Connecticut, as the Championship in a come-from-behind vic- Kiha Akau, and Coach Gregg Tsukawa. ‘‘CWO Richard R. Lee Post Office tory, scoring six runs in the sixth and final Just as important, this resolution commends inning to win by 7 to 5; Building,’’ and ask for its immediate Whereas they displayed the perseverance, the team’s families, coaches, and community consideration in the House. persistence, determination, and never-give- for their support and dedication to enabling the The Clerk read the title of the bill. up attitude of true champions and set an ex- success of the team on and off the field. With- The SPEAKER pro tempore. Is there ample for men, women, and children all out this support, the team could not have trav- objection to the request of the gen- across the United States; eled such a tremendously triumphant road. tleman from Missouri?

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.002 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22759 There was no objection. tional Life Insurance Awareness S. 3082 The text of the bill is as follows: Month,’’ and ask for its immediate con- Be it enacted by the Senate and House of Rep- H.R. 6834 sideration in the House. resentatives of the United States of America in Congress assembled, Be it enacted by the Senate and House of Rep- The Clerk read the title of the resolu- resentatives of the United States of America in tion. SECTION 1. REVEREND EARL ABEL POST OFFICE Congress assembled, The SPEAKER pro tempore. Is there BUILDING. objection to the request of the gen- (a) DESIGNATION.—The facility of the SECTION 1. CWO RICHARD R. LEE POST OFFICE United States Postal Service located at 1700 BUILDING. tleman from Missouri? Cleveland Avenue in Kansas City, Missouri, (a) DESIGNATION.—The facility of the There was no objection. shall be known and designated as the ‘‘Rev- United States Postal Service located at 4 The text of the resolution is as fol- erend Earl Abel Post Office Building’’. South Main Street in Wallingford, Con- lows: (b) REFERENCES.—Any reference in a law, necticut, shall be known and designated as H. RES. 1392 map, regulation, document, paper, or other the ‘‘CWO Richard R. Lee Post Office Build- record of the United States to the facility re- ing’’. Whereas life insurance is an essential part of a sound financial plan; ferred to in subsection (a) shall be deemed to (b) REFERENCES.—Any reference in a law, be a reference to the ‘‘Reverend Earl Abel map, regulation, document, paper, or other Whereas life insurance provides financial Post Office Building’’. record of the United States to the facility re- security for families by helping surviving ferred to in subsection (a) shall be deemed to members meet immediate and long-term fi- The Senate bill was ordered to be be a reference to the ‘‘CWO Richard R. Lee nancial obligations and objectives in the read a third time, was read the third Post Office Building’’. event of a premature death in their family; time, and passed, and a motion to re- Whereas approximately 68,000,000 United The bill was ordered to be engrossed States citizens lack the adequate level of life consider was laid on the table. and read a third time, was read the insurance coverage needed to ensure a secure f third time, and passed, and a motion to financial future for their loved ones; reconsider was laid on the table. Whereas life insurance products protect HONORING THE MEMORY OF against the uncertainties of life by enabling ROBERT MONDAVI f individuals and families to manage the fi- Mr. CLAY. Mr. Speaker, I ask unani- DR. WALTER CARL GORDON, JR. nancial risks of premature death, disability, mous consent that the Committee on POST OFFICE BUILDING and long-term care; Oversight and Government Reform be Whereas individuals, families, and busi- Mr. CLAY. Mr. Speaker, I ask unani- nesses can benefit from professional insur- discharged from further consideration mous consent that the Committee on ance and financial planning advice, including of Senate Concurrent Resolution 84 and Oversight and Government Reform be an assessment of their life insurance needs; ask for its immediate consideration in discharged from further consideration and the House. of the bill (H.R. 6859) to designate the Whereas numerous groups supporting life The Clerk read the title of the Senate facility of the United States Postal insurance have designated September 2008 as concurrent resolution. ‘‘National Life Insurance Awareness Month’’ The SPEAKER pro tempore. Is there Service located at 1501 South Slappey as a means to encourage consumers to— Boulevard in Albany, Georgia, as the (1) become more aware of their life insur- objection to the request of the gen- ‘‘Dr. Walter Carl Gordon, Jr. Post Of- ance needs; tleman from Missouri? fice Building,’’ and ask for its imme- (2) seek professional advice regarding life There was no objection. diate consideration in the House. insurance; and The text of the Senate concurrent The Clerk read the title of the bill. (3) take the actions necessary to achieve fi- resolution is as follows: nancial security for their loved ones: Now, S. CON. RES. 84 The SPEAKER pro tempore. Is there therefore, be it objection to the request of the gen- Resolved, That the House of Representa- Whereas Robert Mondavi, a much-loved tleman from Missouri? tives— and admired man of many talents, passed There was no objection. (1) supports the goals and ideals of ‘‘Na- away on May 16, 2008, at the age of 94; The text of the bill is as follows: tional Life Insurance Awareness Month’’; Whereas Robert Mondavi will be fondly and most famously remembered for his work in H.R. 6859 and (2) calls on the Federal Government, producing and promoting California wines on Be it enacted by the Senate and House of Rep- States, localities, schools, nonprofit organi- an international scale; resentatives of the United States of America in zations, businesses, and the citizens of the Whereas Robert Gerald Mondavi was born Congress assembled, United States to observe the month with ap- to Italian immigrant parents, Cesare and SECTION 1. DR. WALTER CARL GORDON, JR. POST propriate programs and activities. Rosa, on June 18, 1913, in Virginia, Min- OFFICE BUILDING. The resolution was agreed to. nesota, and his family later moved to Lodi, (a) DESIGNATION.—The facility of the A motion to reconsider was laid on California, where he attended Lodi High United States Postal Service located at 1501 School; South Slappey Boulevard in Albany, Geor- the table. Whereas after graduating from Stanford gia, shall be known and designated as the f University in 1937 with a degree in economics ‘‘Dr. Walter Carl Gordon, Jr. Post Office REVEREND EARL ABEL POST and business administration, Robert Building’’. Mondavi joined his father and younger (b) REFERENCES.—Any reference in a law, OFFICE BUILDING brother Peter in running the Charles Krug map, regulation, document, paper, or other Mr. CLAY. Mr. Speaker, I ask unani- Winery in the Napa Valley of California; record of the United States to the facility re- mous consent that the Committee on Whereas Robert Mondavi left Krug Winery ferred to in subsection (a) shall be deemed to Oversight and Government Reform be in 1965 to establish his own winery in the be a reference to the ‘‘Dr. Walter Carl Gor- discharged from further consideration Napa Valley, and, in 1966, motivated by his don, Jr. Post Office Building’’. vision that California could produce world- of the Senate bill (S. 3082) to designate class wines, he founded the first major win- The bill was ordered to be engrossed the facility of the United States Postal and read a third time, was read the ery built in Napa Valley since Prohibition: Service located at 1700 Cleveland Ave- the Robert Mondavi Winery; third time, and passed, and a motion to nue in Kansas City, Missouri, as the Whereas in the late 1960s, the release of the reconsider was laid on the table. ‘‘Reverend Earl Abel Post Office Build- Robert Mondavi Winery’s Cabernet f ing,’’ and ask for its immediate consid- Sauvignon opened the eyes of the world to the potential of the Napa Valley region; NATIONAL LIFE INSURANCE eration in the House. The Clerk read the title of the Senate Whereas Robert Mondavi introduced new AWARENESS MONTH bill. and innovative techniques of wine produc- Mr. CLAY. Mr. Speaker, I ask unani- The SPEAKER pro tempore. Is there tion, such as the use of stainless steel tanks mous consent that the Committee on to produce wines like his now-legendary objection to the request of the gen- Fume´ Blanc; Oversight and Government Reform be tleman from Missouri? Whereas as a tireless advocate for Cali- discharged from further consideration There was no objection. fornia wine and food, and the Napa Valley, of the resolution (H. Res. 1392) sup- The text of the Senate bill is as fol- Robert Mondavi was convinced that Cali- porting the goals and ideals of ‘‘Na- lows: fornia wines could compete with established

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.002 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22760 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 European brands, and his confidence in the Whereas the Celtics’ unmatched record of Whereas the Celtics’ revival from a last potential of Napa Valley wines was con- achievement on the basketball court has place finish in the Eastern Conference’s At- firmed in 1976 when California wines defeated been further enhanced by the team’s cre- lantic Division last season to a record 17th some well-known French vintages at the his- ation of an organizational culture, known as NBA Championship this season is the great- toric Paris Wine Tasting, or ‘‘Judgment of ‘‘Celtic Pride’’, based on the values of team- est single-season turnaround in NBA history; Paris’’, wine competition; work, tenacity, and loyalty, which was de- Whereas in addition to the contributions of Whereas in the late 1970s, Robert Mondavi veloped and encouraged by the legendary, superstars Garnett, Allen, and Pierce, the created the first French-American wine ven- late Celtics’ head coach and team executive, strong, sustained efforts of the entire Celtics ture when he joined with Baron Philippe de Arnold ‘‘Red’’ Auerbach; team, including Kendrick Perkins and a Rothschild in creating the Opus One Winery Whereas the Celtics’ performance last sea- bench of tenacious and talented players such in Oakville, which produced its first vintage son, in which the team finished with a record as Eddie House, James Posey, P.J. Brown, in 1979; of 24–58, losing 18 games in a row at one point Sam Cassell, Tony Allen, Glen Davis, and Whereas the success of the Robert Mondavi during the season, was a stark departure Brian Scalabrine enabled the Celtics to re- Winery, and the many international ven- from the team’s historically high caliber of turn to the glory that has marked much of tures Robert Mondavi pursued, allowed him play; the franchise’s history; to donate generously to various charitable Whereas in the off-season, the Celtics’ Ex- Whereas Celtics owners Wyc Grousbeck, causes, including the Robert Mondavi Insti- ecutive Director of Basketball Operations Steve Pagliuca, H. Irving Grousbeck, and tute for Wine and Food Science and Robert Danny Ainge, with the support of the team’s Bob Epstein, along with Executive Director and Margrit Mondavi Center for the Per- owners, responded quickly and aggressively of Basketball Operations Danny Ainge, Head forming Arts, both affiliated with the Uni- to the disappointing season and acquired 2 Coach Doc Rivers, and the entire Celtics ros- versity of California, Davis, and the estab- NBA all-stars, power forward Kevin Garnett ter and coaching staff have earned a special lishment of the American Center for Wine, and guard Ray Allen; place in Boston sports history; and Food and the Arts; Whereas Garnett and Allen joined Celtics’ Whereas the Celtics have joined with the Whereas those who knew Robert Mondavi all-star forward Paul Pierce and formed a Boston Red Sox and New England Patriots to recognized him as a uniquely passionate and ‘‘Big Three’’ of outstanding players reminis- transform Boston from ‘‘Beantown’’ to brilliant man who took pride in promoting cent of the ‘‘Big Three’’ of past Celtic greats ‘‘Titletown’’, as the 3 teams have won a com- causes that he held close to his heart; Larry Bird, Kevin McHale, and Robert Par- bined 6 championships in 6 years: Now, Whereas Robert Mondavi’s work as an am- ish, who led the Celtics to NBA champion- therefore, be it bassador for wine will be remembered fondly ships in the 1980s; Resolved by the House of Representatives (the by all those whose lives he touched; and Whereas the combination of Garnett, Senate concurring), That it is the sense of Whereas Robert Mondavi will be deeply Allen, and Pierce immediately sparked the Congress that— missed in the Napa Valley, in California, and most dramatic turnaround in NBA history, (1) the 2007–2008 National Basketball Asso- throughout the world: Now, therefore, be it as the Celtics started the 2007–2008 season ciation (NBA) World Champions, the Boston Resolved by the Senate (the House of Rep- with an 8–0 record and kept the momentum Celtics, are to be congratulated for an out- resentatives concurring), That Congress hon- throughout the season, achieving records of standing and historic season; 20–2 and 40–9; ors the life of Robert Mondavi, a true pioneer (2) the Celtics, in winning a record 17th Whereas the Celtics finished the regular and a patriarch of the California wine indus- NBA World Championship, capped a remark- season with a league-best record of 66–16; try. able, unprecedented single-season turn- Whereas the Celtics entered the NBA play- around that captivated basketball fans The Senate concurrent resolution offs with home court advantage as a result of across America and around the world; and was concurred in. the team’s regular season performance and (3) the hustle, team defense, and overall defeated the Atlanta Hawks in the Eastern A motion to reconsider was laid on unselfish play of the 2007–2008 Celtics are em- Conference quarterfinals in 7 games; the table. blematic of the ‘‘Celtic Pride’’ tradition that Whereas the Celtics then faced the Cleve- has been a hallmark of the franchise for f land Cavaliers in the Eastern Conference semifinals, winning in 7 games, with team more than half a century, and serves as a CONGRATULATING NBA CHAMPION model for coaches and players everywhere. BOSTON CELTICS captain Paul Pierce scoring 41 points in a 97– 92 victory in the deciding game; The concurrent resolution was agreed Mr. CLAY. Mr. Speaker, I ask unani- Whereas the Celtics squared off against the to. mous consent that the Committee on Detroit Pistons in the Eastern Conference A motion to reconsider was laid on Oversight and Government Reform be finals, clinching the series in 6 games, the table. discharged from further consideration thanks to the outstanding plays of Paul of the concurrent resolution (H. Con. Pierce, James Posey, Ray Allen, and Rajon f Rondo; Res. 376) congratulating the 2007–2008 Whereas the Celtics matchup with the Los National Basketball Association World Angeles Lakers in the NBA finals rep- NATIONAL ESTATE PLANNING Champions, the Boston Celtics, on an resented a battle of league titans, as the AWARENESS WEEK outstanding and historic season, and Celtics–Lakers rivalry spans decades, and ei- Mr. CLAY. Mr. Speaker, I ask unani- ask for its immediate consideration in ther the Celtics or the Lakers have won half mous consent that the Committee on the House. of the NBA’s 62 championships; Oversight and Government Reform be Whereas the Celtics won the first 2 games The Clerk read the title of the con- discharged from further consideration current resolution. of the finals in Boston, including a hard- fought Game 2 during which Leon Powe, the of the resolution (H. Res. 1499) desig- The SPEAKER pro tempore. Is there Celtics’ second-year power forward, scored 21 nating the third week of October as objection to the request of the gen- points in 15 minutes off the bench, propelling ‘‘National Estate Planning Awareness tleman from Missouri? the Celtics to a 108–102 victory; Week,’’ and ask for its immediate con- There was no objection. Whereas although the Celtics lost Game 3 sideration in the House. The text of the concurrent resolution in Los Angeles by a score of 87–81, the team The Clerk read the title of the resolu- is as follows: overcame a 20-point deficit in the third quar- ter of Game 4 to record one of the greatest tion. H. CON. RES. 376 comebacks in NBA finals history, powered by The SPEAKER pro tempore. Is there Whereas the Boston Celtics are one of the active team defense and a tremendous per- objection to the request of the gen- most successful and respected franchises in formance by Celtics’ guard Ray Allen, who tleman from Missouri? the history of professional sports; played all 48 minutes of the game on the way There was no objection. Whereas prior to the 2007–2008 season, the to a 97–91 Celtics victory; The text of the resolution is as fol- Celtics had won 16 National Basketball Asso- Whereas although the Celtics were unable lows: ciation (NBA) championships, more than any to defeat the Lakers in Game 5 despite a other team in NBA history, with a cast of rally that fell just short, the Celtics re- H. RES. 1499 players that, over the years, has included sponded by clinching a record 17th NBA Whereas it is estimated that over Hall of Famers such as Bill Russell, Bob championship in Game 6 on June 17, 2008, 120,000,000 Americans do not have up-to-date Cousy, Tommy Heinsohn, John Havlicek, winning on the team’s home court in Boston estate plans to protect themselves or their Dave Cowens, JoJo White, and other Celtic on the storied parquet floor now graced with families in the event of sickness, accidents, stars, whose accomplishments were captured Red Auerbach’s signature by a score of 131– or untimely death; from ‘‘high above courtside’’ by legendary 92, a 39-point margin that is the largest gap Whereas a 2004 Roper poll commissioned by Celtics sportscaster Johnny Most; ever for an NBA finals closeout game; the American Institute for Certified Public

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.002 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22761 Accountants found that two-thirds of Ameri- facility of the United States Postal Whereas these programs left behind a mas- cans over age 65 believe they lack the knowl- Service located at 2801 Manhattan Bou- sive public works and architectural legacy; edge necessary to adequately plan for retire- levard in Harvey, Louisiana, as the Whereas the United States continues to ment, and nearly one half of all Americans ‘‘Harry Lee Post Office Building,’’ and benefit from infrastructure projects built as are unfamiliar with basic retirement tools, a result of the New Deal, including numerous such as a 401(k) plan; ask for its immediate consideration in schools, hospitals, courthouses, libraries, Whereas careful estate planning can great- the House. city halls, fire houses, housing, public health ly assist Americans in preserving assets The Clerk read the title of the bill. facilities, roads, bridges, airports, sewer and built over a lifetime for the benefit of fam- The SPEAKER pro tempore. Is there water systems, flood control projects, dams, ily, heirs, or charities; objection to the request of the gen- trails, parks, playgrounds, and zoos; Whereas estate planning involves many tleman from Missouri? Whereas these infrastructure projects em- considerations, including safekeeping of im- There was no objection. ployed millions of individuals who planted portant documents, documentation of assets, The text of the bill is as follows: more than 3,000,000,000 trees and constructed operation of law in the various States, prepa- H.R. 5932 or repaired 650,000 miles of public roads, 125,000 public buildings, 75,000 bridges, 8,000 ration of legal instruments, insurance, avail- Be it enacted by the Senate and House of Rep- ability of trust arrangements, charitable giv- parks, 800 airports, and a number of sewage resentatives of the United States of America in disposal plants; ing, inter vivos care of the benefactor, and Congress assembled, other important factors; Whereas the income from the millions of SECTION 1. HARRY LEE POST OFFICE BUILDING. Whereas estate planning encourages time- jobs created by the New Deal lifted many (a) DESIGNATION.—The facility of the ly decisions about the method of holding people out of poverty and provided stability United States Postal Service located at 2801 title to certain assets, the designation of to every sector of the American economy; Manhattan Boulevard in Harvey, Louisiana, beneficiaries, and the possible transfer of as- Whereas these programs built renowned shall be known and designated as the ‘‘Harry sets during the life of the benefactor; structures and facilities, including the Lee Post Office Building’’. Whereas many Americans are unaware Rincon Annex Post Office and Alameda (b) REFERENCES.—Any reference in a law, County Courthouse in California; the Tim- that lack of estate planning and ‘‘financial map, regulation, document, paper, or other illiteracy’’ may cause their assets to be dis- berline Lodge in Mt. Hood, Oregon; the record of the United States to the facility re- Grand Coulee Dam in Washington; the Fort posed of to unintended parties by default ferred to in subsection (a) shall be deemed to through the complex process of probate; Peck Dam in Montana; the Norris Dam in be a reference to the ‘‘Harry Lee Post Office Tennessee; Greenbelt towns in Maryland, Whereas alternatives to disposition of as- Building’’. sets after death, such as planned gift-giving, Ohio, and Wisconsin; Red Rocks Ampitheatre may accomplish a benefactor’s goal of pro- The bill was ordered to be engrossed in Colorado; Skyline Drive in the Blue Ridge viding for his or her family and favorite and read a third time, was read the Mountains of Virginia; and airports in New charities; third time, and passed, and a motion to York City, Chicago, and the District of Co- Whereas careful planning can prevent fam- reconsider was laid on the table. lumbia; Whereas the Federal programs of the New ily members or other beneficiaries from f being subjected to complex legal and admin- Deal included projects for art, forest and soil istrative processes requiring significant ex- 75TH ANNIVERSARY OF THE NEW conservation, distribution of food and cloth- penditure of time, and greatly reduce confu- DEAL ing, education, historical surveys, library and book repair, music, recreation, writing, sion or even animosity among family mem- Mr. CLAY. Mr. Speaker, I ask unani- bers or other heirs upon the death of a loved theater, disaster assistance, and medical, one; mous consent that the Committee on dental, and nursing programs; Whereas important considerations as to Oversight and Government Reform be Whereas the many cultural programs of donation of organs and use of life support discharged from further consideration the New Deal catalogued and supported the functions may be made through the estate of the concurrent resolution (H. Con. development of distinctive American art and planning process; Res. 360) recognizing the important so- oral histories, and further established the Whereas the implementation of an estate cial and economic contributions and arts as a central and beneficial element of plan starts with sound education and plan- American society; accomplishments of the New Deal to Whereas the New Deal created important ning, and then may require the proper draft- our Nation on the 75th anniversary of ing and execution of appropriate legal docu- institutions, including Social Security, the ments, including wills, trusts, and durable legislation establishing the initial New Federal Deposit Insurance Corporation, the powers of attorney for health care; Deal social and public works programs, Securities Exchange Commission, and the Whereas the third week of October should and ask for its immediate consider- National Labor Relations Board; be designated as ‘‘National Estate Planning ation in the House. Whereas the New Deal illustrates the abil- Awareness Week’’; and The Clerk read the title of the con- ity of the Federal Government to act as a Whereas the National Association of Es- current resolution. positive and instrumental force for change in tate Planners and Councils, representing The SPEAKER pro tempore. Is there addressing social and economic crises for the over 28,000 estate planning professionals, to- objection to the request of the gen- benefit of all people in the United States; Whereas the current economic crisis, grow- gether with the Universal Press Syndicate, tleman from Missouri? the largest independent newspaper syndicate ing income inequality, and the degradation There was no objection. of infrastructure and the environment elicit in the world, are prepared to provide such The text of the concurrent resolution educational information to the public in a the need for programs similar to the New focused manner during National Estate Plan- is as follows: Deal, both in spirit and substance; and ning Awareness Week: Now, therefore be it H. CON. RES. 360 Whereas June 15, 2008, through June 21, Resolved, That the House of Representa- Whereas this year marks the 75th anniver- 2008, would be an appropriate week for the tives— sary of the ‘‘First Hundred Days’’, from observance of National New Deal Week to (1) encourages the distribution of estate March 4, 1933, to June 16, 1933, which was an promote recognition and appreciation for the planning information by professionals to all unprecedented period of legislative action New Deal and its legacy: Now, therefore, be Americans; and that engendered the programs that con- it (2) supports the designation of a ‘‘National stituted the New Deal; Resolved by the House of Representatives (the Estate Planning Awareness Week’’. Whereas the New Deal was a set of pro- Senate concurring), That Congress— grams and policies with the purpose of pro- (1) recognizes the important social and The resolution was agreed to. economic contributions and accomplish- A motion to reconsider was laid on moting economic recovery, as well as social and financial reform, during a time of severe ments of the New Deal to our Nation on the the table. economic and social distress due to condi- 75th anniversary of legislation establishing the initial New Deal social and public works f tions created by the Great Depression; Whereas the New Deal established Federal programs; HARRY LEE POST OFFICE programs to address these issues, including (2) acknowledges the inventiveness, re- BUILDING the Civilian Conservation Corps, Works sourcefulness, and creativity of the adminis- trators and workers of the many New Deal Mr. CLAY. Mr. Speaker, I ask unani- Progress Administration, Public Works Ad- ministration, Farm Securities Administra- programs; and mous consent that the Committee on tion, National Youth Administration, Home (3) encourages the people of the United Oversight and Government Reform be Owners Loan Corporation, Tennessee Valley States to observe National New Deal week. discharged from further consideration Authority, and the Rural Electric Adminis- The concurrent resolution was agreed of the bill (H.R. 5932) to designate the tration; to.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.002 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22762 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 A motion to reconsider was laid on combination of methods such as insecticide- HELEN BERG POST OFFICE the table. treated bed nets, indoor residual spraying, BUILDING and source reduction (larval control), has f been shown to reduce severe morbidity and Mr. CLAY. Mr. Speaker, I ask unani- MALARIA AWARENESS DAY mortality due to malaria in endemic regions; mous consent that the Committee on Whereas insecticide-treated bed nets have Oversight and Government Reform be Mr. CLAY. Mr. Speaker, I ask unani- been shown to reduce all-cause mortality by discharged from further consideration mous consent that the Committee on about 20 percent in community-wide trials in of the bill (H.R. 6585) to designate the Oversight and Government Reform be several African settings; facility of the United States Postal discharged from further consideration Whereas in Africa, where 90 percent of ma- Service located at 311 Southwest 2nd laria deaths occur, many of those suffering of the resolution (H. Res. 389) sup- Street in Corvallis, Oregon, as the porting the goals and ideals of Malaria most from malaria—the rural poor—cannot afford even the modest cost ($5) of an insecti- ‘‘Helen Berg Post Office Building,’’ and Awareness Day, and ask for its imme- ask for its immediate consideration in diate consideration in the House. cide-treated bed net; Whereas a malaria-free future will rely on the House. The Clerk read the title of the resolu- a comprehensive approach addressing the The Clerk read the title of the bill. tion. range of health, development, and economic The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Is there challenges facing developing countries; and objection to the request of the gen- objection to the request of the gen- Whereas April 25 of each year is recognized tleman from Missouri? tleman from Missouri? internationally as Africa Malaria Day and in There was no objection. There was no objection. the United States as Malaria Awareness Day: The text of the bill is as follows: Now, therefore, be it The text of the resolution is as fol- H.R. 6585 lows: Resolved, That the House of Representa- tives— Be it enacted by the Senate and House of Rep- H. RES. 389 (1) supports the goals and ideals of Malaria resentatives of the United States of America in Whereas, despite malaria being completely Awareness Day; and Congress assembled, preventable and treatable and the fact that (2) calls upon the people of the United SECTION 1. HELEN BERG POST OFFICE BUILD- malaria was eradicated from the United States to observe this day with appropriate ING. States over 50 years ago, more than 40 per- programs, ceremonies, and activities to raise (a) DESIGNATION.—The facility of the cent of the world’s population is still at risk awareness and support to save the lives of United States Postal Service located at 311 of contracting malaria; those affected by malaria. Southwest 2nd Street in Corvallis, Oregon, Whereas more than one million people die shall be known and designated as the ‘‘Helen from malaria each year, the vast majority of The resolution was agreed to. Berg Post Office Building’’. whom are children under the age of five in A motion to reconsider was laid on (b) REFERENCES.—Any reference in a law, Africa; the table. map, regulation, document, paper, or other Whereas 350 million to 500 million cases of record of the United States to the facility re- ferred to in subsection (a) shall be deemed to malaria occur annually; f Whereas every 30 seconds a child dies from be a reference to the ‘‘Helen Berg Post Office malaria, and more than 3,000 children die Building’’. from malaria every day; JUDIE HAMMERSTAD POST OFFICE The bill was ordered to be engrossed Whereas 90 percent of deaths from malaria BUILDING and read a third time, was read the occur in Africa; Mr. CLAY. Mr. Speaker, I ask unani- third time, and passed, and a motion to Whereas pregnant women living with ma- reconsider was laid on the table. laria and their children are particularly vul- mous consent that the Committee on nerable: malaria is a major cause of com- Oversight and Government Reform be f plications during delivery, anemia, and low discharged from further consideration 100TH ANNIVERSARY OF THE birth weights; of the bill (H.R. 6489) to designate the CHRISTIAN SCIENCE MONITOR Whereas malaria costs African countries facility of the United States Postal an estimated $12 billion in lost economic Service located at 501 4th Street in Mr. CLAY. Mr. Speaker, I ask unani- productivity each year; Lake Oswego, Oregon, as the ‘‘Judie mous consent that the Committee on Whereas heightened efforts to prevent and Hammerstad Post Office Building,’’ and Oversight and Government Reform be treat malaria are currently saving lives; discharged from further consideration Whereas funding for the control of malaria ask for its immediate consideration in the House. of the resolution (H. Res. 1494) recog- has increased tenfold since 2000 in large part nizing the 100th anniversary of The due to funding under the President’s Malaria The Clerk read the title of the bill. Christian Science Monitor newspaper, Initiative (a United States Government ini- The SPEAKER pro tempore. Is there tiative designed to cut malaria deaths in half and ask for its immediate consider- objection to the request of the gen- ation in the House. in target countries in sub-Saharan Africa), tleman from Missouri? the Global Fund to Fight AIDS, Tuberculosis The Clerk read the title of the resolu- and Malaria, the World Bank, and new fi- There was no objection. tion. nancing by other donors; The text of the bill is as follows: The SPEAKER pro tempore. Is there Whereas in just 18 months, the President’s H.R. 6489 objection to the request of the gen- Malaria Initiative has purchased over one tleman from Missouri? million artemisinin-based combination Be it enacted by the Senate and House of Rep- resentatives of the United States of America in There was no objection. therapies (ACT), protected over three mil- The text of the resolution is as fol- lion people through spraying campaigns, and Congress assembled, lows: distributed over one million insecticide- SECTION 1. JUDIE HAMMERSTAD POST OFFICE treated bed nets; the Global Fund to Fight BUILDING. H. RES. 1494 AIDS, Tuberculosis and Malaria has distrib- (a) DESIGNATION.—The facility of the Whereas on November 25, 1908, the 1st edi- uted 18 million bed nets to protect families United States Postal Service located at 501 tion of The Christian Science Monitor was from malaria and provided 5.3 million ma- 4th Street in Lake Oswego, Oregon, shall be printed in Boston’s Back Bay; laria patients with ACTs; and the World known and designated as the ‘‘Judie Whereas just over 100 days before The Mon- Bank’s Booster Program is scheduled to Hammerstad Post Office Building’’. itor’s 1st edition, its founder, Mary Baker commit approximately $500 million in Inter- (b) REFERENCES.—Any reference in a law, Eddy, then 87 years old, told officers of her national Development Association funds for map, regulation, document, paper, or other church to ‘‘start a daily newspaper at once’’; malaria control in Africa; record of the United States to the facility re- Whereas Mrs. Eddy wanted The Monitor to Whereas public and private partners are ferred to in subsection (a) shall be deemed to blaze a path of unselfish service through developing effective and affordable drugs to be a reference to the ‘‘Judie Hammerstad journalism; treat malaria, with more than 23 types of Post Office Building’’. Whereas Mrs. Eddy, who had been the sub- malaria vaccines in development; ject of inaccurate stories in the press, set as Whereas, according to the Centers for Dis- The bill was ordered to be engrossed The Monitor’s mission ‘‘to injure no man, ease Control and Prevention, vector control, and read a third time, was read the but to bless all mankind’’; or the prevention of malaria transmission third time, and passed, and a motion to Whereas The Monitor followed the first via anopheles mosquitoes, which includes a reconsider was laid on the table. editor’s request that the paper ‘‘cover the

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.003 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22763 daily activities of the entire world’’ and ‘‘ap- Mr. DAVIS of Virginia. Mr. Speaker, I rise SECTION 1. STAFF SERGEANT NICHOLAS RAY peal to good men and women everywhere today in support of this resolution recognizing CARNES POST OFFICE. (a) DESIGNATION.—The facility of the who are interested in the betterment of all the 100th anniversary of the Christian Science human conditions’’; United States Postal Service located at 513 Whereas The Monitor’s focus was never Monitor. 6th Avenue in Dayton, Kentucky, shall be local or denominational; One of the great American contributions to known and designated as the ‘‘Staff Sergeant Whereas The Monitor is distributed to culture has been the creation and growth of Nicholas Ray Carnes Post Office’’. readers in all 50 States in print and online an independent and professional journalistic (b) REFERENCES.—Any reference in a law, and has received worldwide respect for its tradition. map, regulation, document, paper, or other international news coverage; And within that tradition the Christian record of the United States to the facility re- Whereas Mrs. Eddy became the first Amer- Science Monitor has stood as a distinctive ferred to in subsection (a) shall be deemed to ican woman to launch a lasting, general in- be a reference to the ‘‘Staff Sergeant Nich- marker for excellence and service for one hun- olas Ray Carnes Post Office’’. terest newspaper; dred years. Whereas The Monitor has been honored The bill was ordered to be engrossed In 1908 Mary Baker Eddy, who herself had with numerous major awards including seven and read a third time, was read the been subjected to inaccurate press stories, in- Pulitzer Prizes for excellence in journalism; third time, and passed, and a motion to structed the officers of the Church of Christ, and reconsider was laid on the table. Whereas since 1966 The Monitor has spon- Scientist to start a newspaper. sored 3,600 Washington newsmaker break- She could have made it clear that the paper f fasts, whose guests have included countless was to provide the church’s perspective on the DR. BERNARD DALY POST OFFICE cabinet officers and congressional leaders, news of the day, but instead she directed that BUILDING four presidents, and five vice presidents: the Monitor’s mission would be ‘‘to injure no Now, therefore, be it Mr. CLAY. Mr. Speaker, I ask unani- Resolved, That the House of Representa- man, but to bless mankind.’’ mous consent that the Committee on tives recognizes the 100th anniversary of The This one instruction to serve the entire na- Oversight and Government Reform be Christian Science Monitor. tion by unselfishly delivering the news, without discharged from further consideration Mr. SMITH of Texas. Mr. Speaker, this reso- vitriol or agenda, was a stroke of genius. With- of the Senate bill (S. 3015) to designate lution recognizes the 100th anniversary of The in a few years the Christian Science Monitor the facility of the United States Postal Christian Science Monitor newspaper on No- became a trusted arbiter of facts and events Service located at 18 S. G Street, vember 25, 2008. around the country. Lakeview, Oregon, as the ‘‘Dr. Bernard Thanks go to Congressman MIKE CAPUANO Not being content with merely publishing a Daly Post Office Building,’’ and ask for (MA), who agreed to be an original cosponsor newspaper, the Christian Science Monitor has its immediate consideration in the of this bipartisan resolution and whose district sponsored 3,600 Washington newsmaker House. includes the Boston headquarters of The breakfasts—becoming an institution in this The Clerk read the title of the Senate Christian Science Monitor. Rep. Capuano’s city—where countless leaders have made their bill. public service is appreciated by all those who cases and faced honest questions. In spon- The SPEAKER pro tempore. Is there know him. soring these breakfasts the Monitor has pro- objection to the request of the gen- I also want to thank Ranking Member TOM vided the government and this city an invalu- tleman from Missouri? DAVIS (VA) of the Government Reform Com- able service. There was no objection. mittee, who was an active supporter of this Throughout its history the Christian Science The text of the Senate bill is as fol- resolution. His energy and knowledge will be Monitor has worked hard to make sure that it lows: missed, since he is retiring at the end of this appeals ‘‘to good men and women everywhere S. 3015 session. who are interested in the betterment of all Be it enacted by the Senate and House of Rep- Congressman HENRY WAXMAN (CA), Chair- human conditions.’’ resentatives of the United States of America in man of the Oversight and Government Reform For 100 years the Monitor has achieved this Congress assembled, Committee, offered his essential endorsement goal and there is little doubt that we need an SECTION 1. DR. BERNARD DALY POST OFFICE of this resolution. Without his assistance, this institution like the Christian Science Monitor in BUILDING. resolution wouldn’t be on the floor today. this modern time more than ever before. (a) DESIGNATION.—The facility of the I happen to have a personal interest in com- I urge my colleagues to join me in support United States Postal Service located at 18 S. G Street in Lakeview, Oregon, as the ‘‘Dr. memorating the 100th anniversary of The of this resolution. The resolution was agreed to. Bernard Daly Post Office Building’’. Christian Science Monitor because I worked at (b) REFERENCES.—Any reference in a law, the paper in Boston for two years shortly after A motion to reconsider was laid on map, regulation, document, paper, or other graduating from college. the table. record of the United States to the facility re- Starting out as a copyboy, I then became a f ferred to in subsection (a) shall be deemed to clerk and eventually a staff writer for the Busi- be a reference to the ‘‘Dr. Bernard Daly Post STAFF SERGEANT NICHOLAS RAY Office Building’’. ness and Financial page. CARNES POST OFFICE So I was able to witness the high standards The Senate bill was ordered to be of journalistic integrity maintained at The Mr. CLAY. Mr. Speaker, I ask unani- read a third time, was read the third Christian Science Monitor, which has rightfully mous consent that the Committee on time, and passed, and a motion to re- gained a reputation for fair and objective news Oversight and Government Reform be consider was laid on the table. reporting. The Monitor has earned that reputa- discharged from further consideration f tion because of its dedicated and committed of the bill (H.R. 6902) to designate the NATIONAL RUNAWAY PREVENTION editors, reporters and staff. facility of the United States Postal MONTH This resolution highlights some of the ways Service located at 513 6th Avenue in in which The Monitor serves as an exceptional Dayton, Kentucky, as the ‘‘Staff Ser- Mr. CLAY. Mr. Speaker, I ask unani- newspaper. geant Nicholas Ray Carnes Post Of- mous consent that the Committee on Established by Mary Baker Eddy 100 years fice,’’ and ask for its immediate consid- Oversight and Government Reform be ago, The Monitor remains the oldest surviving eration in the House. discharged from further consideration paper in the U.S. founded by a woman. The Clerk read the title of the bill. of the resolution (H. Res. 1375) recog- Its mission was and continues to be ‘‘to in- The SPEAKER pro tempore. Is there nizing and supporting the goals and jure no man, but to bless all mankind.’’ objection to the request of the gen- ideals of National Runaway Prevention And the Monitor has won worldwide respect tleman from Missouri? Month, and ask for its immediate con- for its international news coverage and been There was no objection. sideration in the House. awarded seven Pulitzer Prizes for excellence The text of the bill is as follows: The Clerk read the title of the resolu- in journalism. H.R. 6902 tion. I hope my colleagues will join me in recog- Be it enacted by the Senate and House of Rep- The SPEAKER pro tempore. Is there nizing the 100th anniversary of The Christian resentatives of the United States of America in objection to the request of the gen- Science Monitor. Congress assembled, tleman from Missouri?

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.003 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22764 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 There was no objection. The Clerk read the title of the bill. (7) generated over $69,000,000 in Federal, The text of the resolution is as fol- The SPEAKER pro tempore. Is there State, and local taxes: Now, therefore, be it lows: objection to the request of the gen- Resolved by the House of Representatives (the Senate concurring), That Congress— H. RES. 1375 tleman from Missouri? (1) recognizes the importance of the United Whereas the prevalence of runaway and There was no objection. States wine, winegrape, and grape products homelessness among youth is staggering, The text of the bill is as follows: industry to the American economy; and with studies suggesting that every year, be- H.R. 6197 (2) directs the Secretary of the Senate to tween 1,600,000 and 2,800,000 youth live on the Be it enacted by the Senate and House of Rep- transmit a copy of this resolution to the streets of the United States; resentatives of the United States of America in Commissioner of the Texas Department of Whereas running away from home is wide- Congress assembled, Agriculture and the Texas Wine and Grape spread, and youth aged 12 to 17 are at a high- Growers Association in Grapevine, Texas. SECTION 1. PICKWICK POST OFFICE BUILDING. er risk of homelessness than adults; (a) DESIGNATION.—The facility of the The concurrent resolution was agreed Whereas runaway youth most often are United States Postal Service located at 7095 to. youth who have been expelled from their Highway 57 in Counce, Tennessee, shall be A motion to reconsider was laid on homes by their families; physically, sexu- known and designated as the ‘‘Pickwick Post ally, and emotionally abused at home; dis- the table. Office Building’’. charged by State custodial systems without f (b) REFERENCES.—Any reference in a law, adequate transition plans; separated from map, regulation, document, paper, or other EXPRESSING SUPPORT FOR DES- their parents by death and divorce; too poor record of the United States to the facility re- to secure their own basic needs; and ineli- IGNATION OF SEPTEMBER 6, 2008, ferred to in subsection (a) shall be deemed to gible or unable to access adequate medical or AS LOUISA SWAIN DAY be a reference to the ‘‘Pickwick Post Office mental health resources; Building’’. Mr. CLAY. Mr. Speaker, I ask unani- Whereas effective programs supporting mous consent that the Committee on The bill was ordered to be engrossed runaway youth and assisting youth and their Oversight and Government Reform be families in remaining at home succeed be- and read a third time, was read the discharged from further consideration cause of partnerships created among fami- third time, and passed, and a motion to of House Concurrent Resolution 378 and lies, community-based human service agen- reconsider was laid on the table. cies, law enforcement agencies, schools, ask for its immediate consideration in faith-based organizations, and businesses; f the House. Whereas preventing youth from running RECOGNIZING THE IMPORTANCE The Clerk read the title of the con- away from home and supporting youth in OF THE UNITED STATES WINE current resolution. high-risk situations is a family, community, INDUSTRY TO THE AMERICAN The SPEAKER pro tempore. Is there and national priority; ECONOMY objection to the request of the gen- Whereas the future well-being of the Na- tleman from Missouri? Mr. CLAY. Mr. Speaker, I ask unani- tion is dependent on the opportunities pro- There was no objection. vided for youth and families to acquire the mous consent that the Committee on knowledge, skills, and abilities necessary for The text of the concurrent resolution Oversight and Government Reform be is as follows: youth to develop into safe, healthy, and pro- discharged from further consideration H. CON. RES. 378 ductive adults; of House Concurrent Resolution 429 and Whereas the National Network for Youth ask for its immediate consideration in Whereas the Wyoming Territorial Legisla- and its members advocate on behalf of run- ture passed, and Governor John A. Campbell away and homeless youth, and provide an the House. signed into law on December 10, 1869, a meas- array of community-based support to address The Clerk read the title of the con- ure stating, ‘‘That every woman of the age of their critical needs; current resolution. twenty-one years, residing in this territory, Whereas the National Runaway Switch- The SPEAKER pro tempore. Is there may, at every election, to be holden under board provides crisis intervention and refer- objection to the request of the gen- the law thereof, cast her vote.’’; rals to reconnect runaway youth to their tleman from Missouri? Whereas this Suffrage Act granted women families and link youth to local resources There was no objection. in the Wyoming Territory the right to vote that provide positive alternatives to running The text of the concurrent resolution with full civil and judicial equality to men; away from home; and Whereas Louisa Swain, on September 6, Whereas the National Network for Youth is as follows: 1870, became the Nation’s first woman voter and National Runaway Switchboard are co- H. CON. RES. 429 under laws guaranteeing absolute political sponsoring National Runaway Prevention Whereas the United States is one of the equality to women; Month in November to increase public largest wine producing countries in the Whereas she cast that vote as a 70 year-old awareness of the life circumstances of youth world, with the United States wine, grape, woman in the town of Laramie’s municipal in high-risk situations, and the need for safe, and grape products industry representing election; healthy, and productive alternatives, re- more than 1 percent of the $13,800,000,000 Whereas, the Laramie Daily Sentinel sources, and support for youth, families, and American economy in 2007; wrote, ‘‘It is comforting to note that our communities: Now, therefore, be it Whereas the wine and winegrape industry first woman voter was really a lady . . . of Resolved, That the House of Representa- of Texas has an economic impact of the highest social standing in the commu- tives recognizes and supports the goals and $1,000,000,000 on the economy of Texas; nity, universally beloved and respected. The ideals of National Runaway Prevention Whereas since 2000, the wine and winegrape scene was in the highest degree interesting Month. industry of Texas has experienced tremen- and impressive. There was too much good The resolution was agreed to. dous growth, with nearly 90 percent of that sense in our community for any jeers or A motion to reconsider was laid on growth resulting from an increase in the sneers to be seen on such an occasion’’; the table. number and revenue of small wineries pro- Whereas this vote was inspirational to the ducing less than 5,000 gallons of wine each women’s suffrage movement and to the cause f year; and of civil rights; Whereas in 2005, the wine and winegrape Whereas, Wyoming’s statehood, in 1890, b 1545 industry of Texas— brought the codification of this suffrage PICKWICK POST OFFICE BUILDING (1) included 113 wineries and 220 commer- right through the ratification of the new Wy- cial growers of winegrapes on 2,900 acres; oming State constitution under Article 6, Mr. CLAY. Mr. Speaker, I ask unani- (2) produced over 626,000 cases of wine; section 1; mous consent that the Committee on (3) provided the equivalent of 8,000 full- Whereas, when the Congress threatened to Oversight and Government Reform be time jobs and paid over $234,000,000 in wages withhold statehood from Wyoming, territory discharged from further consideration to workers; legislators replied with a telegram stating of the bill (H.R. 6197) to designate the (4) generated revenue from wineries that that Wyoming would remain out of the facility of the United States Postal produced an economic impact of $91,500,000 Union 100 years rather than join without on the economy of Texas; women’s suffrage; Service located at 7095 Highway 57 in (5) generated over $10,000,000 in revenue Whereas President Benjamin Harrison, on Counce, Tennessee, as the ‘‘Pickwick from vineyards in Texas; July 10, 1890, signed into law a bill admitting Post Office Building’’, and ask for its (6) attracted over 868,000 tourists to Texas, Wyoming into the Union, and recognizing it immediate consideration in the House. who spent over $220,000,000; and as the Nation’s ‘‘Equality State’’;

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.003 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22765 Whereas these actions instigated a path to The text of the resolution is as fol- Whereas the decennial census is crucial to the passage of the 19th Amendment to the lows: Federal policymakers who distribute billions United States Constitution 50 years after of taxpayer dollars among many Federal pro- H. RES. 245 Louisa Swain’s historical first vote; and grams based on the results of those enumera- Whereas September 6, 2008, would be an ap- Whereas Diwali, a festival of great signifi- tions; propriate date to designate as Louisa Swain cance to Indian Americans and South Asian Whereas the first official census was con- Day: Now, therefore, be it Americans, is celebrated annually by Hindus, ducted in 1790 under the leadership of Thom- Resolved by the House of Representatives (the Sikhs, and Jains throughout the United as Jefferson, who was then the Secretary of States; Senate concurring), That Congress supports State; Whereas there are nearly 2,000,000 Hindus the designation of a Louisa Swain Day. Whereas the 2010 decennial census will be in the United States, of which approximately the 23rd decennial census; The concurrent resolution was agreed 1,250,000 are of Indian and South Asian ori- Whereas an accurate census is one that to. gin; counts, as of the decennial census date, all Whereas the word ‘‘Diwali’’ is a shortened A motion to reconsider was laid on persons living in the United States, any ter- version of the Sanskrit term ‘‘Deepavali’’, the table. ritory or possession of the United States, or which means ‘‘a row of lamps’’; the Commonwealth of Puerto Rico, and all f Whereas Diwali is a festival of lights, dur- Federal civilian and military personnel serv- ing which celebrants light small oil lamps, PRIVATE FIRST CLASS IRVING JO- ing abroad; and SEPH SCHWARTZ POST OFFICE place them around the home, and pray for health, knowledge, and peace; Whereas an accurate 2010 decennial census BUILDING Whereas celebrants of Diwali believe that is crucial for our democracy and the equi- table distribution of Federal funds: Now, Mr. CLAY. Mr. Speaker, I ask unani- the rows of lamps symbolize the light within therefore, be it mous consent that the Committee on the individual that rids the soul of the dark- ness of ignorance; Resolved, That— Oversight and Government Reform be (1) the House of Representatives demands discharged from further consideration Whereas Diwali, falling on the last day of the last month in the lunar calendar, is cele- that the 2010 decennial census count every of the bill (H.R. 6837) to designate the brated as a day of thanksgiving and the be- person living in the United States, any terri- facility of the United States Postal ginning of the new year for many Hindus; tory or possession of the United States, or Service located at 7925 West Russell Whereas for Hindus, Diwali is a celebration the Commonwealth of Puerto Rico, and all Road in Las Vegas, Nevada, as the of the victory of good over evil; Federal civilian and military personnel serv- ‘‘Private First Class Irving Joseph Whereas for Sikhs, Diwali is feted as the ing abroad; and day that the sixth founding Sikh Guru, or re- (2) it is the sense of the House of Rep- Schwartz Post Office Building,’’ and resentatives that, in conducting the 2010 de- ask for its immediate consideration in vered teacher, Guru Hargobind, was released from captivity by the Mughal Emperor cennial census, the Secretary of Commerce the House. Jehangir; and should use all reasonable means to count The Clerk read the title of the bill. Whereas for Jains, Diwali marks the anni- every person living in the United States, any The SPEAKER pro tempore. Is there versary of the attainment of moksha or lib- territory or possession of the United States, objection to the request of the gentle- eration by Mahavira, the last of the or the Commonwealth of Puerto Rico, and woman from Missouri? Tirthankaras, who were the great teachers of all Federal civilian and military personnel There was no objection. Jain dharma, at the end of his life in 527 serving abroad. The text of the bill is as follows: B.C.: Now, therefore, be it The resolution was agreed to. Resolved, That the House of Representa- A motion to reconsider was laid on H.R. 6837 tives— the table. Be it enacted by the Senate and House of Rep- (1) recognizes the religious and historical resentatives of the United States of America in significance of the festival of Diwali; and f Congress assembled, (2) requests the President to issue a procla- SECTION 1. PRIVATE FIRST CLASS IRVING JO- mation recognizing Diwali. RECOGNIZING ARMED FORCES DAY SEPH SCHWARTZ POST OFFICE The resolution was agreed to. Mr. CLAY. Mr. Speaker, I ask unani- BUILDING. A motion to reconsider was laid on (a) DESIGNATION.—The facility of the the table. mous consent that the Committee on United States Postal Service located at 7925 Oversight and Government Reform be West Russell Road in Las Vegas, Nevada, f discharged from further consideration shall be known and designated as the ‘‘Pri- EXPRESSING THE SENSE OF THE of House Resolution 1122 and ask for its vate First Class Irving Joseph Schwartz Post HOUSE OF REPRESENTATIVES immediate consideration in the House. Office Building’’. THAT THE SECRETARY OF COM- The Clerk read the title of the resolu- (b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other MERCE SHOULD USE ALL REA- tion. record of the United States to the facility re- SONABLE MEASURES TO ENSURE The SPEAKER pro tempore. Is there ferred to in subsection (a) shall be deemed to THAT EVERY PERSON IS COUNT- objection to the request of the gen- be a reference to the ‘‘Private First Class Ir- ED IN THE 2010 DECENNIAL CEN- tleman from Missouri? ving Joseph Schwartz Post Office Building’’. SUS There was no objection. The bill was ordered to be engrossed Mr. CLAY. Mr. Speaker, I ask unani- The text of the resolution is as fol- and read a third time, was read the mous consent that the Committee on lows: third time, and passed, and a motion to Oversight and Government Reform be H. RES. 1122 reconsider was laid on the table. discharged from further consideration Whereas Armed Forces Day was created in f of House Resolution 1262 and ask for its 1949 as a result of the consolidation of the immediate consideration in the House. military services in the Department of De- RECOGNIZING THE RELIGIOUS AND The Clerk read the title of the resolu- fense; HISTORICAL SIGNIFICANCE OF tion. Whereas the purpose of Armed Forces Day THE FESTIVAL OF DIWALI The SPEAKER pro tempore. Is there is to honor those serving in the Army, Navy, Marine Corps, Air Force, and Coast Guard; Mr. CLAY. Mr. Speaker, I ask unani- objection to the request of the gen- tleman from Missouri? Whereas Armed Forces Day is celebrated mous consent that the Committee on on the third Saturday in May, which this Oversight and Government Reform be There was no objection. The text of the resolution is as fol- year is May 17, 2008; discharged from further consideration Whereas United States soldiers, sailors, lows: of House Resolution 245 and ask for its airmen, and Marines have given tremendous immediate consideration in the House. H. RES. 1262 service to the Nation; The Clerk read the title of the resolu- Whereas the decennial census is described Whereas the House of Representatives is tion. in article I, section 2 of the Constitution, committed to supporting all members of the which calls for an actual enumeration of the Armed Forces and their families; and The SPEAKER pro tempore. Is there people every 10 years; Whereas all Americans express recognition objection to the request of the gen- Whereas the decennial census is used to ap- and gratitude for members of the Armed tleman from Missouri? portion seats in the House of Representa- Forces at home and abroad: Now, therefore, There was no objection. tives among the States; be it

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.003 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22766 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 Resolved, That the House of Representa- TITLE VI—GUARANTEED LOANS TO FI- ‘‘(1) each Indian tribe or tribally designated tives recognizes Armed Forces Day in appre- NANCE TRIBAL COMMUNITY AND ECO- housing entity shall be considered to be an Ex- ciation of the members of the Army, Navy, NOMIC DEVELOPMENT ACTIVITIES ecutive agency in carrying out any program, Marine Corps, Air Force, and Coast Guard. Sec. 601. Demonstration program for guaran- service, or other activity under this Act; and The resolution was agreed to. teed loans to finance tribal com- ‘‘(2) each Indian tribe or tribally designated A motion to reconsider was laid on munity and economic development housing entity and each employee of the Indian the table. activities. tribe or tribally designated housing entity shall TITLE VII—FUNDING have access to sources of supply on the same f basis as employees of an Executive agency. Sec. 701. Authorization of appropriations. GENERAL LEAVE ‘‘(k) TRIBAL PREFERENCE IN EMPLOYMENT AND TITLE VIII—MISCELLANEOUS CONTRACTING.—Notwithstanding any other pro- Mr. CLAY. Mr. Speaker, I ask unani- Sec. 801. Limitation on use for Cherokee Na- vision of law, with respect to any grant (or por- mous consent that all Members may tion. tion of a grant) made on behalf of an Indian have 5 legislative days in which to re- Sec. 802. Limitation on use of funds. tribe under this Act that is intended to benefit vise and extend their remarks and in- Sec. 803. GAO study of effectiveness of 1 Indian tribe, the tribal employment and con- clude extraneous material on the meas- NAHASDA for tribes of different tract preference laws (including regulations and ures just considered. sizes. tribal ordinances ) adopted by the Indian tribe The SPEAKER pro tempore. Is there SEC. 2. CONGRESSIONAL FINDINGS. that receives the benefit shall apply with respect Section 2 of the Native American Housing As- objection to the request of the gen- to the administration of the grant (or portion of sistance and Self-Determination Act of 1996 (25 a grant).’’. tleman from Missouri? U.S.C. 4101) is amended in paragraphs (6) and There was no objection. SEC. 102. INDIAN HOUSING PLANS. (7) by striking ‘‘should’’ each place it appears Section 102 of the Native American Housing f and inserting ‘‘shall’’. Assistance and Self-Determination Act of 1996 NATIVE AMERICAN HOUSING AS- SEC. 3. DEFINITIONS. (25 U.S.C. 4112) is amended— Section 4 of the Native American Housing As- SISTANCE AND SELF-DETER- (1) in subsection (a)(1)— sistance and Self-Determination Act of 1996 (25 (A) by striking ‘‘(1)(A) for’’ and all that fol- MINATION REAUTHORIZATION U.S.C. 4103) is amended— lows through the end of subparagraph (A) and ACT OF 2008 (1) by striking paragraph (22); inserting the following: Mrs. MCCARTHY of New York. Mr. (2) by redesignating paragraphs (8) through ‘‘(1)(A) for an Indian tribe to submit to the Speaker, I move to suspend the rules (21) as paragraphs (9) through (22), respectively; Secretary, by not later than 75 days before the and beginning of each tribal program year, a 1-year and concur in the Senate amendment (3) by inserting after paragraph (7) the fol- to the bill (H.R. 2786) to reauthorize housing plan for the Indian tribe; or’’; and lowing: (B) in subparagraph (B), by striking ‘‘sub- the programs for housing assistance for ‘‘(8) HOUSING RELATED COMMUNITY DEVELOP- section (d)’’ and inserting ‘‘subsection (c)’’; Native Americans. MENT.— (2) by striking subsections (b) and (c) and in- The Clerk read the title of the bill. ‘‘(A) IN GENERAL.—The term ‘housing related serting the following: The text of the Senate amendment is community development’ means any facility, ‘‘(b) 1-YEAR PLAN REQUIREMENT.— community building, business, activity, or infra- as follows: ‘‘(1) IN GENERAL.—A housing plan of an In- structure that— dian tribe under this section shall— Senate amendment: ‘‘(i) is owned by an Indian tribe or a tribally Strike all after the enacting clause and in- ‘‘(A) be in such form as the Secretary may designated housing entity; prescribe; and sert the following: ‘‘(ii) is necessary to the provision of housing ‘‘(B) contain the information described in SECTION 1. SHORT TITLE; TABLE OF CONTENTS. in an Indian area; and paragraph (2). (a) SHORT TITLE.—This Act may be cited as ‘‘(iii)(I) would help an Indian tribe or tribally ‘‘(2) REQUIRED INFORMATION.—A housing plan the ‘‘Native American Housing Assistance and designated housing entity to reduce the cost of shall include the following information with re- Self-Determination Reauthorization Act of construction of Indian housing; 2008’’. ‘‘(II) would make housing more affordable, spect to the tribal program year for which as- (b) TABLE OF CONTENTS.—The table of con- accessible, or practicable in an Indian area; or sistance under this Act is made available: tents of this Act is as follows: ‘‘(III) would otherwise advance the purposes ‘‘(A) DESCRIPTION OF PLANNED ACTIVITIES.—A Sec. 1. Short title; table of contents. of this Act. statement of planned activities, including— Sec. 2. Congressional findings. ‘‘(B) EXCLUSION.—The term ‘housing and ‘‘(i) the types of household to receive assist- Sec. 3. Definitions. community development’ does not include any ance; TITLE I—BLOCK GRANTS AND GRANT activity conducted by any Indian tribe under ‘‘(ii) the types and levels of assistance to be REQUIREMENTS the Indian Gaming Regulatory Act (25 U.S.C. provided; ‘‘(iii) the number of units planned to be pro- Sec. 101. Block grants. 2701 et seq.).’’. Sec. 102. Indian housing plans. duced; TITLE I—BLOCK GRANTS AND GRANT ‘‘(iv)(I) a description of any housing to be de- Sec. 103. Review of plans. REQUIREMENTS Sec. 104. Treatment of program income and molished or disposed of; labor standards. SEC. 101. BLOCK GRANTS. ‘‘(II) a timetable for the demolition or disposi- Sec. 105. Regulations. Section 101 of the Native American Housing tion; and Assistance and Self-Determination Act of 1996 TITLE II—AFFORDABLE HOUSING ‘‘(III) any other information required by the (25 U.S.C. 4111) is amended— ACTIVITIES Secretary with respect to the demolition or dis- (1) in subsection (a)— position; Sec. 201. National objectives and eligible fami- (A) in the first sentence— ‘‘(v) a description of the manner in which the lies. (i) by striking ‘‘For each’’ and inserting the Sec. 202. Eligible affordable housing activities. recipient will protect and maintain the viability following: of housing owned and operated by the recipient Sec. 203. Program requirements. ‘‘(1) IN GENERAL.—For each’’; that was developed under a contract between Sec. 204. Low-income requirement and income (ii) by striking ‘‘tribes to carry out affordable the Secretary and an Indian housing authority targeting. housing activities.’’ and inserting the following: pursuant to the United States Housing Act of Sec. 205. Availability of records. ‘‘tribes— Sec. 206. Self-determined housing activities for ‘‘(A) to carry out affordable housing activities 1937 (42 U.S.C. 1437 et seq.); and tribal communities program. under subtitle A of title II; and’’; and ‘‘(vi) outcomes anticipated to be achieved by TITLE III—ALLOCATION OF GRANT (iii) by adding at the end the following: the recipient. AMOUNTS ‘‘(B) to carry out self-determined housing ac- ‘‘(B) STATEMENT OF NEEDS.—A statement of the housing needs of the low-income Indian Sec. 301. Allocation formula. tivities for tribal communities programs under subtitle B of that title.’’; and families residing in the jurisdiction of the In- TITLE IV—COMPLIANCE, AUDITS, AND dian tribe, and the means by which those needs REPORTS (C) in the second sentence, by striking ‘‘Under’’ and inserting the following: will be addressed during the applicable period, Sec. 401. Remedies for noncompliance. ‘‘(2) PROVISION OF AMOUNTS.—Under’’; including— Sec. 402. Monitoring of compliance. (2) in subsection (g), by inserting ‘‘of this sec- ‘‘(i) a description of the estimated housing Sec. 403. Performance reports. tion and subtitle B of title II’’ after ‘‘subsection needs and the need for assistance for the low-in- TITLE V—TERMINATION OF ASSISTANCE (h)’’; and come Indian families in the jurisdiction, includ- FOR INDIAN TRIBES UNDER INCOR- (3) by adding at the end the following: ing a description of the manner in which the PORATED PROGRAMS ‘‘(j) FEDERAL SUPPLY SOURCES.—For purposes geographical distribution of assistance is con- Sec. 501. Effect on Home Investment Partner- of section 501 of title 40, United States Code, on sistent with the geographical needs and needs ships Act. election by the applicable Indian tribe— for various categories of housing assistance; and

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00085 Fmt 0688 Sfmt 6333 E:\BR08\H27SE8.003 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22767 ‘‘(ii) a description of the estimated housing (25 U.S.C. 4114(a)) is amended by adding at the (1) in the matter preceding paragraph (1), by needs for all Indian families in the jurisdiction. end the following: striking ‘‘to develop or to support’’ and insert- ‘‘(C) FINANCIAL RESOURCES.—An operating ‘‘(4) EXCLUSION FROM PROGRAM INCOME OF ing ‘‘to develop, operate, maintain, or support’’; budget for the recipient, in such form as the REGULAR DEVELOPER’S FEES FOR LOW-INCOME (2) in paragraph (2)— Secretary may prescribe, that includes— HOUSING TAX CREDIT PROJECTS.—Notwith- (A) by striking ‘‘development of utilities’’ and ‘‘(i) an identification and description of the fi- standing any other provision of this Act, any inserting ‘‘development and rehabilitation of nancial resources reasonably available to the re- income derived from a regular and customary utilities, necessary infrastructure,’’; and cipient to carry out the purposes of this Act, in- developer’s fee for any project that receives a (B) by inserting ‘‘mold remediation,’’ after cluding an explanation of the manner in which low-income housing tax credit under section 42 ‘‘energy efficiency,’’; amounts made available will leverage additional of the Internal Revenue Code of 1986, and that (3) in paragraph (4), by inserting ‘‘the costs of resources; and is initially funded using a grant provided under operation and maintenance of units developed ‘‘(ii) the uses to which those resources will be this Act, shall not be considered to be program with funds provided under this Act,’’ after committed, including eligible and required af- income if the developer’s fee is approved by the ‘‘rental assistance,’’; and fordable housing activities under title II and ad- State housing credit agency.’’. (4) by adding at the end the following: ministrative expenses. SEC. 105. REGULATIONS. ‘‘(9) RESERVE ACCOUNTS.— ‘‘(D) CERTIFICATION OF COMPLIANCE.—Evi- Section 106(b)(2) of the Native American Hous- ‘‘(A) IN GENERAL.—Subject to subparagraph dence of compliance with the requirements of ing Assistance and Self-Determination Act of (B), the deposit of amounts, including grant this Act, including, as appropriate— 1996 (25 U.S.C. 4116(b)(2)) is amended— amounts under section 101, in a reserve account ‘‘(i) a certification that, in carrying out this (1) in subparagraph (B)(i), by striking ‘‘The established for an Indian tribe only for the pur- Act, the recipient will comply with the applica- Secretary’’ and inserting ‘‘Not later than 180 pose of accumulating amounts for administra- ble provisions of title II of the Civil Rights Act days after the date of enactment of the Native tion and planning relating to affordable hous- of 1968 (25 U.S.C. 1301 et seq.) and other appli- American Housing Assistance and Self-Deter- ing activities under this section, in accordance cable Federal laws and regulations; mination Reauthorization Act of 2008 and any with the Indian housing plan of the Indian ‘‘(ii) a certification that the recipient will other Act to reauthorize this Act, the Sec- tribe. maintain adequate insurance coverage for hous- retary’’; and ‘‘(B) MAXIMUM AMOUNT.—A reserve account ing units that are owned and operated or as- (2) by adding at the end the following: established under subparagraph (A) shall con- sisted with grant amounts provided under this 1 ‘‘(C) SUBSEQUENT NEGOTIATED RULEMAKING.— sist of not more than an amount equal to ⁄4 of Act, in compliance with such requirements as The Secretary shall— the 5-year average of the annual amount used the Secretary may establish; ‘‘(i) initiate a negotiated rulemaking in ac- by a recipient for administration and planning ‘‘(iii) a certification that policies are in effect cordance with this section by not later than 90 under paragraph (2).’’. and are available for review by the Secretary days after the date of enactment of the Native SEC. 203. PROGRAM REQUIREMENTS. and the public governing the eligibility, admis- American Housing Assistance and Self-Deter- Section 203 of the Native American Housing sion, and occupancy of families for housing as- mination Reauthorization Act of 2008 and any Assistance and Self-Determination Act of 1996 sisted with grant amounts provided under this other Act to reauthorize this Act; and (25 U.S.C. 4133) is amended by adding at the end Act; ‘‘(ii) promulgate regulations pursuant to this the following: ‘‘(iv) a certification that policies are in effect section by not later than 2 years after the date ‘‘(f) USE OF GRANT AMOUNTS OVER EXTENDED and are available for review by the Secretary of enactment of the Native American Housing PERIODS.— and the public governing rents and homebuyer Assistance and Self-Determination Reauthoriza- ‘‘(1) IN GENERAL.—To the extent that the In- payments charged, including the methods by tion Act of 2008 and any other Act to reauthor- dian housing plan for an Indian tribe provides which the rents or homebuyer payments are de- ize this Act. for the use of amounts of a grant under section termined, for housing assisted with grant ‘‘(D) REVIEW.—Not less frequently than once 101 for a period of more than 1 fiscal year, or for amounts provided under this Act; every 7 years, the Secretary, in consultation affordable housing activities for which the ‘‘(v) a certification that policies are in effect with Indian tribes, shall review the regulations amounts will be committed for use or expended and are available for review by the Secretary promulgated pursuant to this section in effect during a subsequent fiscal year, the Secretary and the public governing the management and on the date on which the review is conducted.’’. shall not require those amounts to be used or maintenance of housing assisted with grant TITLE II—AFFORDABLE HOUSING committed for use at any time earlier than oth- amounts provided under this Act; and erwise provided for in the Indian housing plan. ‘‘(vi) a certification that the recipient will ACTIVITIES ‘‘(2) CARRYOVER.—Any amount of a grant comply with section 104(b).’’; SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE provided to an Indian tribe under section 101 for (3) by redesignating subsections (d) through FAMILIES. a fiscal year that is not used by the Indian tribe (f) as subsections (c) through (e), respectively; Section 201(b) of the Native American Housing during that fiscal year may be used by the In- and Assistance and Self-Determination Act of 1996 dian tribe during any subsequent fiscal year. (4) in subsection (d) (as redesignated by para- (25 U.S.C. 4131(b)) is amended— ‘‘(g) DE MINIMIS EXEMPTION FOR PROCURE- graph (3)), by striking ‘‘subsection (d)’’ and in- (1) in paragraph (1), by inserting ‘‘and except MENT OF GOODS AND SERVICES.—Notwith- serting ‘‘subsection (c)’’. with respect to loan guarantees under the dem- standing any other provision of law, a recipient onstration program under title VI,’’ after ‘‘para- SEC. 103. REVIEW OF PLANS. shall not be required to act in accordance with Section 103 of the Native American Housing graphs (2) and (4),’’; (2) in paragraph (2)— any otherwise applicable competitive procure- Assistance and Self-Determination Act of 1996 ment rule or procedure with respect to the pro- (25 U.S.C. 4113) is amended— (A) by striking the first sentence and inserting the following: curement, using a grant provided under this (1) in subsection (d)— Act, of goods and services the value of which is (A) in the first sentence— ‘‘(A) EXCEPTION TO REQUIREMENT.—Notwith- less than $5,000.’’. (i) by striking ‘‘fiscal’’ each place it appears standing paragraph (1), a recipient may provide and inserting ‘‘tribal program’’; and housing or housing assistance through afford- SEC. 204. LOW-INCOME REQUIREMENT AND IN- (ii) by striking ‘‘(with respect to’’ and all that able housing activities for which a grant is pro- COME TARGETING. follows through ‘‘section 102(c))’’; and vided under this Act to any family that is not a Section 205 of the Native American Housing (B) by striking the second sentence; and low-income family, to the extent that the Sec- Assistance and Self-Determination Act of 1996 (2) by striking subsection (e) and inserting the retary approves the activities due to a need for (25 U.S.C. 4135) is amended by adding at the end following: housing for those families that cannot reason- the following: ‘‘(e) SELF-DETERMINED ACTIVITIES PRO- ably be met without that assistance.’’; and ‘‘(c) APPLICABILITY.—The provisions of para- GRAM.—Notwithstanding any other provision of (B) in the second sentence, by striking ‘‘The graph (2) of subsection (a) regarding binding this section, the Secretary— Secretary’’ and inserting the following: commitments for the remaining useful life of ‘‘(1) shall review the information included in ‘‘(B) LIMITS.—The Secretary’’; property shall not apply to a family or house- an Indian housing plan pursuant to subsections (3) in paragraph (3)— hold member who subsequently takes ownership (b)(4) and (c)(7) only to determine whether the (A) in the paragraph heading, by striking of a homeownership unit.’’. information is included for purposes of compli- ‘‘NON-INDIAN’’ and inserting ‘‘ESSENTIAL’’; and SEC. 205. AVAILABILITY OF RECORDS. ance with the requirement under section (B) by striking ‘‘non-Indian family’’ and in- Section 208(a) of the Native American Housing 232(b)(2); and serting ‘‘family’’; and Assistance and Self-Determination Act of 1996 ‘‘(2) may not approve or disapprove an Indian (4) in paragraph (4)(A)(i), by inserting ‘‘or (25 U.S.C. 4138(a)) is amended by inserting ‘‘ap- housing plan based on the content of the par- other unit of local government,’’ after ‘‘coun- plicants for employment, and of’’ after ‘‘records ticular benefits, activities, or results included ty,’’. of’’. pursuant to subsections (b)(4) and (c)(7).’’. SEC. 202. ELIGIBLE AFFORDABLE HOUSING AC- SEC. 206. SELF-DETERMINED HOUSING ACTIVI- SEC. 104. TREATMENT OF PROGRAM INCOME AND TIVITIES. TIES FOR TRIBAL COMMUNITIES LABOR STANDARDS. Section 202 of the Native American Housing PROGRAM. Section 104(a) of the Native American Housing Assistance and Self-Determination Act of 1996 (a) ESTABLISHMENT OF PROGRAM.—Title II of Assistance and Self-Determination Act of 1996 (25 U.S.C. 4132) is amended— the Native American Housing Assistance and

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Self-Determination Act of 1996 (25 U.S.C. 4131 et ‘‘(b) APPLICABLE PROVISIONS.—The following (b) TECHNICAL AMENDMENT.—The table of seq.) is amended— provisions of titles I through VIII shall apply to contents in section 1(b) of the Native American (1) by inserting after the title designation and the program under this subtitle and amounts Housing Assistance and Self-Determination Act heading the following: made available in accordance with this subtitle: of 1996 (25 U.S.C. 4101 note) is amended— ‘‘Subtitle A—General Block Grant Program’’; ‘‘(1) Section 101(c) (relating to local coopera- (1) by inserting after the item for title II the following: and tion agreements). (2) by adding at the end the following: ‘‘(2) Subsections (d) and (e) of section 101 (re- ‘‘Subtitle A—General Block Grant Program’’; lating to tax exemption). ‘‘Subtitle B—Self-Determined Housing (2) by inserting after the item for section 205 ‘‘(3) Section 101(j) (relating to Federal supply the following: Activities for Tribal Communities sources). ‘‘SEC. 231. PURPOSE. ‘‘(4) Section 101(k) (relating to tribal pref- ‘‘Sec. 206. Treatment of funds.’’; ‘‘The purpose of this subtitle is to establish a erence in employment and contracting). and program for self-determined housing activities ‘‘(5) Section 102(b)(4) (relating to certification (3) by inserting before the item for title III the for the tribal communities to provide Indian of compliance). following: tribes with the flexibility to use a portion of the ‘‘(6) Section 104 (relating to treatment of pro- ‘‘Subtitle B—Self-Determined Housing Activities grant amounts under section 101 for the Indian gram income and labor standards). for Tribal Communities tribe in manners that are wholly self-determined ‘‘(7) Section 105 (relating to environmental re- ‘‘Sec. 231. Purposes. by the Indian tribe for housing activities involv- view). ‘‘Sec. 232. Program authority. ing construction, acquisition, rehabilitation, or ‘‘(8) Section 201(b) (relating to eligible fami- ‘‘Sec. 233. Use of amounts for housing activi- infrastructure relating to housing activities or lies). ties. housing that will benefit the community served ‘‘(9) Section 203(c) (relating to insurance cov- ‘‘Sec. 234. Inapplicability of other provisions. by the Indian tribe. erage). ‘‘Sec. 235. Review and report.’’. ‘‘SEC. 232. PROGRAM AUTHORITY. ‘‘(10) Section 203(g) (relating to a de minimis TITLE III—ALLOCATION OF GRANT ‘‘(a) DEFINITION OF QUALIFYING INDIAN exemption for procurement of goods and serv- AMOUNTS ices). TRIBE.—In this section, the term ‘qualifying In- SEC. 301. ALLOCATION FORMULA. ‘‘(11) Section 206 (relating to treatment of dian tribe’ means, with respect to a fiscal year, Section 302 of the Native American Housing funds). an Indian tribe or tribally designated housing Assistance and Self-Determination Act of 1996 ‘‘(12) Section 209 (relating to noncompliance entity— (25 U.S.C. 4152) is amended— with affordable housing requirement). ‘‘(1) to or on behalf of which a grant is made (1) in subsection (a)— ‘‘(13) Section 401 (relating to remedies for non- under section 101; (A) by striking ‘‘The Secretary’’ and inserting compliance). ‘‘(2) that has complied with the requirements the following: ‘‘(14) Section 408 (relating to public avail- of section 102(b)(6); and ‘‘(1) IN GENERAL.—The Secretary’’; and ability of information). ‘‘(3) that, during the preceding 3-fiscal-year (B) by adding at the end the following: ‘‘(15) Section 702 (relating to 50-year leasehold period, has no unresolved significant and mate- ‘‘(2) STUDY OF NEED DATA.— interests in trust or restricted lands for housing rial audit findings or exceptions, as dem- ‘‘(A) IN GENERAL.—The Secretary shall enter onstrated in— purposes). into a contract with an organization with exper- ‘‘(A) the annual audits of that period com- ‘‘SEC. 235. REVIEW AND REPORT. tise in housing and other demographic data col- pleted under chapter 75 of title 31, United States ‘‘(a) REVIEW.—During calendar year 2011, the lection methodologies under which the organiza- Code (commonly known as the ‘Single Audit Secretary shall conduct a review of the results tion, in consultation with Indian tribes and In- Act’); or achieved by the program under this subtitle to dian organizations, shall— ‘‘(B) an independent financial audit prepared determine— ‘‘(i) assess existing data sources, including al- in accordance with generally accepted auditing ‘‘(1) the housing constructed, acquired, or re- ternatives to the decennial census, for use in principles. habilitated under the program; evaluating the factors for determination of need ‘‘(b) AUTHORITY.—Under the program under ‘‘(2) the effects of the housing described in described in subsection (b); and this subtitle, for each of fiscal years 2009 paragraph (1) on costs to low-income families of ‘‘(ii) develop and recommend methodologies through 2013, the recipient for each qualifying affordable housing; for collecting data on any of those factors, in- Indian tribe may use the amounts specified in ‘‘(3) the effectiveness of each recipient in cluding formula area, in any case in which ex- subsection (c) in accordance with this subtitle. achieving the results intended to be achieved, as isting data is determined to be insufficient or in- ‘‘(c) AMOUNTS.—With respect to a fiscal year described in the Indian housing plan for the In- adequate, or fails to satisfy the requirements of and a recipient, the amounts referred to in sub- dian tribe; and this Act. section (b) are amounts from any grant provided ‘‘(4) the need for, and effectiveness of, extend- ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.— under section 101 to the recipient for the fiscal ing the duration of the program and increasing There are authorized to be appropriated such year, as determined by the recipient, but in no the amount of grants under section 101 that may sums as are necessary to carry out this section, case exceeding the lesser of— be used under the program. to remain available until expended.’’; and ‘‘(1) an amount equal to 20 percent of the ‘‘(b) REPORT.—Not later than December 31, (2) in subsection (b), by striking paragraph (1) total grant amount for the recipient for that fis- 2011, the Secretary shall submit to Congress a and inserting the following: cal year; and report describing the information obtained pur- ‘‘(1)(A) The number of low-income housing ‘‘(2) $2,000,000. suant to the review under subsection (a) (in- dwelling units developed under the United ‘‘SEC. 233. USE OF AMOUNTS FOR HOUSING AC- cluding any conclusions and recommendations States Housing Act of 1937 (42 U.S.C. 1437 et TIVITIES. of the Secretary with respect to the program seq.), pursuant to a contract between an Indian ‘‘(a) ELIGIBLE HOUSING ACTIVITIES.—Any under this subtitle), including— housing authority for the tribe and the Sec- amounts made available for use under this sub- ‘‘(1) recommendations regarding extension of retary, that are owned or operated by a recipi- title by a recipient for an Indian tribe shall be the program for subsequent fiscal years and in- ent on the October 1 of the calendar year imme- used only for housing activities, as selected at creasing the amounts under section 232(c) that diately preceding the year for which funds are the discretion of the recipient and described in may be used under the program; and provided, subject to the condition that such a the Indian housing plan for the Indian tribe ‘‘(2) recommendations for— unit shall not be considered to be a low-income pursuant to section 102(b)(6), for the construc- ‘‘(A)(i) specific Indian tribes or recipients that housing dwelling unit for purposes of this sec- tion, acquisition, or rehabilitation of housing or should be prohibited from participating in the tion if— infrastructure in accordance with section 202 to program for failure to achieve results; and ‘‘(i) the recipient ceases to possess the legal provide a benefit to families described in section ‘‘(ii) the period for which such a prohibition right to own, operate, or maintain the unit; or 201(b)(1). should remain in effect; or ‘‘(ii) the unit is lost to the recipient by con- ‘‘(b) PROHIBITION ON CERTAIN ACTIVITIES.— ‘‘(B) standards and procedures by which In- veyance, demolition, or other means. Amounts made available for use under this sub- dian tribes or recipients may be prohibited from ‘‘(B) If the unit is a homeownership unit not title may not be used for commercial or economic participating in the program for failure to conveyed within 25 years from the date of full development. achieve results. availability, the recipient shall not be consid- ‘‘SEC. 234. INAPPLICABILITY OF OTHER PROVI- ‘‘(c) PROVISION OF INFORMATION TO SEC- ered to have lost the legal right to own, operate, SIONS. RETARY.—Notwithstanding any other provision or maintain the unit if the unit has not been ‘‘(a) IN GENERAL.—Except as otherwise spe- of this Act, recipients participating in the pro- conveyed to the homebuyer for reasons beyond cifically provided in this Act, title I, subtitle A gram under this subtitle shall provide such in- the control of the recipient. of title II, and titles III through VIII shall not formation to the Secretary as the Secretary may ‘‘(C) If the unit is demolished and the recipi- apply to— request, in sufficient detail and in a timely man- ent rebuilds the unit within 1 year of demolition ‘‘(1) the program under this subtitle; or ner sufficient to ensure that the review and re- of the unit, the unit may continue to be consid- ‘‘(2) amounts made available in accordance port required by this section is accomplished in ered a low-income housing dwelling unit for the with this subtitle. a timely manner.’’. purpose of this paragraph.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00087 Fmt 0688 Sfmt 6333 E:\BR08\H27SE8.003 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22769 ‘‘(D) In this paragraph, the term ‘reasons be- TITLE VI—GUARANTEED LOANS TO FI- charges incurred under this section and as a yond the control of the recipient’ means, after NANCE TRIBAL COMMUNITY AND ECO- condition for receiving the guarantees, the Sec- making reasonable efforts, there remain— NOMIC DEVELOPMENT ACTIVITIES retary shall require the Indian tribe or housing ‘‘(i) delays in obtaining or the absence of title SEC. 601. DEMONSTRATION PROGRAM FOR GUAR- entity issuing the notes or obligations— status reports; ANTEED LOANS TO FINANCE TRIBAL ‘‘(A) to enter into a contract, in a form ac- ‘‘(ii) incorrect or inadequate legal descriptions COMMUNITY AND ECONOMIC DEVEL- ceptable to the Secretary, for repayment of notes or other legal documentation necessary for con- OPMENT ACTIVITIES. or other obligations guaranteed under this sec- veyance; (a) IN GENERAL.—Title VI of the Native Amer- tion; ‘‘(iii) clouds on title due to probate or intes- ican Housing Assistance and Self-Determination ‘‘(B) to demonstrate that the extent of each tacy or other court proceedings; or Act of 1996 (25 U.S.C. 4191 et seq.) is amended by issuance and guarantee under this section is ‘‘(iv) any other legal impediment. adding at the end the following: within the financial capacity of the Indian ‘‘(E) Subparagraphs (A) through (D) shall not ‘‘SEC. 606. DEMONSTRATION PROGRAM FOR tribe; and apply to any claim arising from a formula cur- GUARANTEED LOANS TO FINANCE ‘‘(C) to furnish, at the discretion of the Sec- rent assisted stock calculation or count involv- TRIBAL COMMUNITY AND ECONOMIC retary, such security as the Secretary deter- ing an Indian housing block grant allocation for DEVELOPMENT ACTIVITIES. mines to be appropriate in making the guaran- any fiscal year through fiscal year 2008, if a ‘‘(a) AUTHORITY.— tees, including increments in local tax receipts civil action relating to the claim is filed by not ‘‘(1) IN GENERAL.—Subject to paragraph (2), to generated by the activities assisted by a guar- later than 45 days after the date of enactment of the extent and in such amounts as are provided antee under this section or disposition proceeds this subparagraph.’’. in appropriation Acts, subject to the require- from the sale of land or rehabilitated property, ments of this section, and in accordance with except that the security may not include any TITLE IV—COMPLIANCE, AUDITS, AND such terms and conditions as the Secretary may grant amounts received or for which the issuer REPORTS prescribe, the Secretary may guarantee and may be eligible under title I. SEC. 401. REMEDIES FOR NONCOMPLIANCE. make commitments to guarantee the notes and ‘‘(2) FULL FAITH AND CREDIT.— Section 401(a) of the Native American Housing obligations issued by Indian tribes or tribally ‘‘(A) IN GENERAL.—The full faith and credit of Assistance and Self-Determination Act of 1996 designated housing entities with tribal approval, the United States is pledged to the payment of (25 U.S.C. 4161(a)) is amended— for the purposes of financing activities carried all guarantees made under this section. (1) by redesignating paragraphs (2) and (3) as out on Indian reservations and in other Indian ‘‘(B) TREATMENT OF GUARANTEES.— paragraphs (3) and (4), respectively; and areas that, under the first sentence of section ‘‘(i) IN GENERAL.—Any guarantee made by the (2) by inserting after paragraph (1) the fol- 108(a) of the Housing and Community Develop- Secretary under this section shall be conclusive lowing: ment Act of 1974 (42 U.S.C. 5308), are eligible for evidence of the eligibility of the obligations for ‘‘(2) SUBSTANTIAL NONCOMPLIANCE.—The fail- financing with notes and other obligations the guarantee with respect to principal and in- ure of a recipient to comply with the require- guaranteed pursuant to that section. terest. ments of section 302(b)(1) regarding the report- ‘‘(2) LIMITATION.—The Secretary may guar- ‘‘(ii) INCONTESTABLE NATURE.—The validity of ing of low-income dwelling units shall not, in antee, or make commitments to guarantee, any such a guarantee shall be incontestable in itself, be considered to be substantial noncompli- under paragraph (1) the notes or obligations of the hands of a holder of the guaranteed obliga- ance for purposes of this title.’’. not more than 4 Indian tribes or tribally des- tions. SEC. 402. MONITORING OF COMPLIANCE. ignated housing entities located in each Depart- ‘‘(g) TRAINING AND INFORMATION.—The Sec- Section 403(b) of the Native American Housing ment of Housing and Urban Development Office retary, in cooperation with Indian tribes and Assistance and Self-Determination Act of 1996 of Native American Programs region. tribally designated housing entities, may carry (25 U.S.C. 4163(b)) is amended in the second sen- ‘‘(b) LOW-INCOME BENEFIT REQUIREMENT.— out training and information activities with re- tence by inserting ‘‘an appropriate level of’’ Not less than 70 percent of the aggregate spect to the guarantee program under this sec- after ‘‘shall include’’. amount received by an Indian tribe or tribally tion. designated housing entity as a result of a guar- ‘‘(h) LIMITATIONS ON AMOUNT OF GUARAN- SEC. 403. PERFORMANCE REPORTS. antee under this section shall be used for the TEES.— Section 404(b) of the Native American Housing support of activities that benefit low-income ‘‘(1) AGGREGATE FISCAL YEAR LIMITATION.— Assistance and Self-Determination Act of 1996 families on Indian reservations and other In- Notwithstanding any other provision of law, (25 U.S.C. 4164(b)) is amended— dian areas. subject only to the absence of qualified appli- (1) in paragraph (2)— ‘‘(c) FINANCIAL SOUNDNESS.— cants or proposed activities and to the authority (A) by striking ‘‘goals’’ and inserting ‘‘(1) IN GENERAL.—The Secretary shall estab- provided in this section, and to the extent ap- ‘‘planned activities’’; and lish underwriting criteria for guarantees under proved or provided for in appropriations Acts, (B) by adding ‘‘and’’ after the semicolon at this section, including fees for the guarantees, the Secretary may enter into commitments to the end; as the Secretary determines to be necessary to guarantee notes and obligations under this sec- (2) in paragraph (3), by striking ‘‘; and’’ at ensure that the program under this section is fi- tion with an aggregate principal amount not to the end and inserting a period; and nancially sound. exceed $200,000,000 for each of fiscal years 2009 (3) by striking paragraph (4). ‘‘(2) AMOUNTS OF FEES.—Fees for guarantees through 2013. TITLE V—TERMINATION OF ASSISTANCE established under paragraph (1) shall be estab- ‘‘(2) AUTHORIZATION OF APPROPRIATIONS FOR FOR INDIAN TRIBES UNDER INCOR- lished in amounts that are sufficient, but do not CREDIT SUBSIDY.—There are authorized to be ap- PORATED PROGRAMS exceed the minimum amounts necessary, to propriated to cover the costs (as defined in sec- SEC. 501. EFFECT ON HOME INVESTMENT PART- maintain a negative credit subsidy for the pro- tion 502 of the Congressional Budget Act of 1974 NERSHIPS ACT. gram under this section, as determined based on (2 U.S.C. 661a)) of guarantees under this section (a) IN GENERAL.—Title V of the Native Amer- the risk to the Federal Government under the $1,000,000 for each of fiscal years 2009 through ican Housing Assistance and Self-Determination underwriting requirements established under 2013. Act of 1996 (25 U.S.C. 4181 et seq.) is amended by paragraph (1). ‘‘(3) AGGREGATE OUTSTANDING LIMITATION.— adding at the end the following: ‘‘(d) TERMS OF OBLIGATIONS.— The total amount of outstanding obligations ‘‘(1) IN GENERAL.—Each note or other obliga- guaranteed on a cumulative basis by the Sec- ‘‘SEC. 509. EFFECT ON HOME INVESTMENT PART- retary pursuant to this section shall not at any NERSHIPS ACT. tion guaranteed pursuant to this section shall be in such form and denomination, have such time exceed $1,000,000,000 or such higher amount ‘‘Nothing in this Act or an amendment made maturity, and be subject to such conditions as as may be authorized to be appropriated for this by this Act prohibits or prevents any partici- the Secretary may prescribe, by regulation. section for any fiscal year. pating jurisdiction (within the meaning of the ‘‘(2) LIMITATION.—The Secretary may not ‘‘(4) FISCAL YEAR LIMITATIONS ON INDIAN HOME Investment Partnerships Act (42 U.S.C. deny a guarantee under this section on the basis TRIBES.— 12721 et seq.)) from providing any amounts made of the proposed repayment period for the note or ‘‘(A) IN GENERAL.—The Secretary shall mon- available to the participating jurisdiction under other obligation, unless— itor the use of guarantees under this section by that Act (42 U.S.C. 12721 et seq.) to an Indian ‘‘(A) the period is more than 20 years; or Indian tribes. tribe or a tribally designated housing entity for ‘‘(B) the Secretary determines that the period ‘‘(B) MODIFICATIONS.—If the Secretary deter- use in accordance with that Act (42 U.S.C. 12721 would cause the guarantee to constitute an un- mines that 50 percent of the aggregate guar- et seq.).’’. acceptable financial risk. antee authority under paragraph (3) has been (b) CONFORMING AMENDMENT.—The table of ‘‘(e) LIMITATION ON PERCENTAGE.—A guar- committed, the Secretary may— contents in section 1(b) of the Native American antee made under this section shall guarantee ‘‘(i) impose limitations on the amount of guar- Housing Assistance and Self-Determination Act repayment of 95 percent of the unpaid principal antees pursuant to this section that any single of 1996 (25 U.S.C. 4101 note) is amended by in- and interest due on the note or other obligation Indian tribe may receive in any fiscal year of serting after the item relating to section 508 the guaranteed. $25,000,000; or following: ‘‘(f) SECURITY AND REPAYMENT.— ‘‘(ii) request the enactment of legislation in- ‘‘Sec. 509. Effect on HOME Investment Partner- ‘‘(1) REQUIREMENTS ON ISSUER.—To ensure the creasing the aggregate outstanding limitation on ships Act.’’. repayment of notes and other obligations and guarantees under this section.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00088 Fmt 0688 Sfmt 6333 E:\BR08\H27SE8.003 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22770 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 ‘‘(i) REPORT.—Not later than 4 years after the with respect to Indian tribes of various sizes and Since its enactment, thousands of date of enactment of this section, the Secretary types, and specifically with respect to smaller housing units have been constructed or shall submit to Congress a report describing the tribes for which grants of lesser or minimum are in development. Despite this use of the authority under this section by In- amounts have been made under title I of such record, however, there is still a sub- dian tribes and tribally designated housing enti- Act. ties, including— (b) REPORT.—Not later than the expiration of stantial unmet need for housing units, ‘‘(1) an identification of the extent of the use the 12-month period beginning on the date of a need that continues to grow for one and the types of projects and activities financed the enactment of this Act, the Comptroller Gen- of the fastest growing population using that authority; and eral shall submit a report to the Committee on groups in the country. ‘‘(2) an analysis of the effectiveness of the use Financial Services of the House of Representa- More than 90,000 Indian families are in carrying out the purposes of this section. tives and the Committee on Banking, Housing, homeless. Nearly 12 percent of families ‘‘(j) TERMINATION.—The authority of the Sec- and Urban Affairs of the Senate regarding the living on Indian reservations lack retary under this section to make new guaran- results and conclusions of the study conducted plumbing, and 14 percent lack elec- tees for notes and obligations shall terminate on pursuant to subsection (a). Such report shall in- tricity. Twelve percent of these fami- October 1, 2013.’’. clude recommendations regarding any changes (b) CONFORMING AMENDMENT.—The table of appropriate to the Native American Housing As- lies live without safe and reliable contents in section 1(b) of the Native American sistance and Self-Determination Act of 1996 to water supply. Housing Assistance and Self-Determination Act help ensure that the purposes of such Act are This bill, which is based largely upon of 1996 (25 U.S.C. 4101 note) is amended by in- achieved by all Indian tribes, regardless of size the recommendations made by the Na- serting after the item relating to section 605 the or type. tive American Indian Housing Council, following: The SPEAKER pro tempore. Pursu- has bipartisan support. I want to thank ‘‘Sec. 606. Demonstration program for guaran- ant to the rule, the gentlewoman from my colleagues, Chairman BARNEY teed loans to finance tribal com- New York (Mrs. MCCARTHY) and the FRANK, Congresswoman MAXINE WA- munity and economic development gentlewoman from West Virginia (Mrs. TERS and Congressman MEL WATT, as activities.’’. CAPITO) each will control 20 minutes. well as my Republican colleagues for TITLE VII—FUNDING The Chair recognizes the gentle- their support on this legislation. I also SEC. 701. AUTHORIZATION OF APPROPRIATIONS. woman from New York. want to thank Senator DORGAN, Sen- (a) BLOCK GRANTS AND GRANT REQUIRE- GENERAL LEAVE ator MURKOWSKI, Senator DODD, and MENTS.—Section 108 of the Native American Mrs. MCCARTHY of New York. Mr. Senator SHELBY for all their hard work Housing Assistance and Self-Determination Act Speaker, I ask unanimous consent that on this legislation. of 1996 (25 U.S.C. 4117) is amended in the first Its primary objective is to improve sentence by striking ‘‘1998 through 2007’’ and all Members may have 5 legislative inserting ‘‘2009 through 2013’’. days within which to revise and extend housing conditions in Indian country. (b) FEDERAL GUARANTEES FOR FINANCING FOR their remarks on this legislation and Building upon the basic framework of TRIBAL HOUSING ACTIVITIES.—Section 605 of the to insert extraneous material thereon. NAHASDA, the bill will give tribes Native American Housing Assistance and Self- The SPEAKER pro tempore. Is there greater flexibility in meeting the hous- Determination Act of 1996 (25 U.S.C. 4195) is objection to the request of the gentle- ing needs of their tribal citizens. To amended in subsections (a) and (b) by striking woman from New York? that end, the bill creates a self-deter- ‘‘1997 through 2007’’ each place it appears and There was no objection. mination program which authorizes inserting ‘‘2009 through 2013’’. Mrs. MCCARTHY of New York. Mr. tribes to set aside a portion of their an- (c) TRAINING AND TECHNICAL ASSISTANCE.— Speaker, I yield myself as much time nual NAHASDA grant funding to better Section 703 of the Native American Housing As- sistance and Self-Determination Act of 1996 (25 as I may consume. address their construction, acquisition, U.S.C. 4212) is amended by striking ‘‘1997 This legislation creates a new hous- rehabilitation and infrastructure through 2007’’ and inserting ‘‘2009 through ing program that will allow tribes to needs. 2013’’. use funding in innovative ways. It di- A year before the next NAHASDA au- TITLE VIII—MISCELLANEOUS rects the Secretary of HUD to seek out thorization, in 2013, HUD would report SEC. 801. LIMITATION ON USE FOR CHEROKEE an organization with expertise in col- to Congress the result of this new pro- NATION. lection of housing data in identifying gram. Among other revisions, this bill No funds authorized under this Act, or the the housing needs in tribal areas. This will make certain that tribes can com- amendments made by this Act, or appropriated bill gives more freedom to tribes to de- pete for HOME Investment Partner- pursuant to an authorization under this Act or termine how housing moneys may be ships Act funds, removes competitive such amendments, shall be expended for the used while maintaining appropriate procurement rules and procedures for benefit of the Cherokee Nation; provided, that levels of oversight from HUD. purchases and goods under $5,000, this limitation shall not be effective if the Tem- I want to thank Mr. KILDEE, Mr. makes Federal supply sources through porary Order and Temporary Injunction issued on May 14, 2007, by the District Court of the WATT and their staffs in their efforts the GSA more accessible to tribes, rec- Cherokee Nation remains in effect during the for crafting this legislation. ognizes tribal preference laws in hiring pendency of litigation or there is a settlement Mr. Speaker, I would like to yield to and contracting, allows tribes to carry agreement which effects the end of litigation the gentleman from Michigan (Mr. KIL- over NAHASDA funds to a subsequent among the adverse parties. DEE) as much time as he may consume. grant year, and permits tribes to estab- SEC. 802. LIMITATION ON USE OF FUNDS. Mr. KILDEE. I thank the gentlelady lish a reserve account of the tribe’s an- No amounts made available pursuant to any for yielding. nual NAHASDA grant. authorization of appropriations under this Act, Mr. Speaker, I rise in strong support Mr. Speaker, this reauthorization bill or under the amendments made by this Act, may of H.R. 2786 as amended by the Senate, will build upon the success of be used to employ workers described in section a bill to reauthorize the Native Amer- NAHASDA by providing more housing 274A(h)(3)) of the Immigration and Nationality ican Housing Assistance and Self-De- development on our Nation’s Indian Act (8 U.S.C. 1324a(h)(3)). termination Act called ‘‘NAHASDA.’’ reservations. SEC. 803. GAO STUDY OF EFFECTIVENESS OF I’m happy to be the chief sponsor of NAHASDA FOR TRIBES OF DIF- I would like to thank the staff, the FERENT SIZES. this very important legislation. Republican and Democratic staff mem- (a) IN GENERAL.—The Comptroller General of NAHASDA, enacted in 1996, was the bers who have worked so hard on this; the United States shall conduct a study of the first piece of comprehensive housing in the House, Kimberly Teehee, Dom effectiveness of the Native American Housing legislation directed solely to Native McCoy, Cassandra Duhaney, Hilary Assistance and Self-Determination Act of 1996 in American and Alaska Native people. It West, Jeff Riley, Cindy Chetti, Tallman achieving its purposes of meeting the needs for has become the basic program aiding Johnson, Aaron Sporck and Jonathan affordable housing for low-income Indian fami- Native Americans in tribal areas with Harwitz; over in the Senate, Allison lies, as compared to the programs for housing affordable housing development includ- and community development assistance for In- Binney, Heidi Frechette, Jenn Fogel- dian tribes and families and Indian housing au- ing home ownership, rehabilitation, in- Bublick, Mark Calabria, David Mullon thorities that were terminated under title V of frastructure development and other af- and Jim Hall. such Act and the amendments made by such fordable housing assistance. The suc- I urge my colleagues to support this title. The study shall compare such effectiveness cess of NAHASDA is clear. bill.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.003 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22771 Mrs. CAPITO. Mr. Speaker, I rise in I urge its passage. Mr. PEARCE. Mr. Speaker, I thank support of H.R. 2786 which would reau- I reserve the balance of my time. the gentlewoman for yielding. thorize the Native American Housing Mrs. MCCARTHY of New York. Mr. After a year of negotiations with the Assistance and Self-Determination Speaker, I yield 3 minutes to my col- Senate, I am pleased to rise in support Act, NAHASDA. league from Oklahoma (Mr. BOREN). of H.R. 2786, the Native American This bill reflects a bipartisan effort Mr. BOREN. Mr. Speaker, I rise Housing Assistance and Self-Deter- led by Chairman FRANK and Represent- today in support of the Native Amer- mination Reauthorization Act. I am ative WATERS. I would also like to ican Housing and Self-Determination pleased to be an original cosponsor of thank Representative KILDEE and Rep- Act. this bill, and appreciate the hard work resentative STEVE PEARCE in their ef- I would like to thank the gentlelady of Representative KILDEE, Chairman forts to reauthorize NAHASDA which for yielding time to me on this impor- FRANK, Chairwoman WATERS, our col- is administered by the Department of tant issue and give special thanks to league on the Financial Services Com- Housing and Urban Development. I’m Chairman FRANK, Representative KIL- mittee, Mr. WATT, and Senators SHEL- confident that the legislation being DEE and Representative WATT in the BY, MURKOWSKI and DORGAN for their considered today will go a long way to Financial Services Committee for their diligence and efforts in the other address the housing needs in Indian hard work and dedication on this legis- Chamber. country. lation. Over the last year, we have worked This legislation being considered Native American housing is an issue hard to come together and maintain under suspension today is similar to that is very important to me. It’s very Native American self-determination. I H.R. 2786 which passed the House on important to the State of Oklahoma. am pleased to have before us a piece of September 6 by a vote of 333 to 75. The My congressional district is home to 17 legislation that provides immediate so- major differences from the House bill of the 39 federally recognized tribes in lutions to Native American housing passed include new compromise lan- Oklahoma and over 200,000 Native needs and includes important reforms guage on the Cherokee Freedman issue, Americans. to improve the authorization under removal of the reauthorization of the In many places across Oklahoma, as NAHASDA. I firmly believe the tribes are best Native Hawaiian Housing program, and well as the United States, the lack of equipped to understand the needs of inclusion of the House-passed immigra- quality affordable housing has reached their communities. They know where tion language and House-passed GAO crisis proportions in Native American the worst housing and infrastructure study. communities. and economic disparities lie. Over the Native Americans in this country are Mr. Speaker, poor housing conditions past 12 years, NAHASDA has made facing serious housing problems. Last are clear signs of poverty and economic tribal housing programs more flexible year the Financial Services Committee distress. In fact, the poverty rate for held several hearings to investigate and given tribes the ability to rely far Native Americans is nearly three times less on the Federal Government. My these problems, which are the result of that of other Americans, which con- widespread poverty, high unemploy- constituents who live on reservations tributes to Native people living in and in pueblos tell me that this flexi- ment, homelessness and lack of afford- some of the worst housing conditions able housing on Native American land. bility is working. H.R. 2786 will give in our Nation. These substandard hous- tribes even more flexibility and auton- The reauthorization of NAHASDA is an ing conditions are worsened by over- omy to carry on their housing pro- important step in addressing many of crowding that is three times more grams. these issues. prevalent throughout tribal areas. The legislation before us improves Currently there are 562 federally rec- The legislation currently before the NAHASDA by streamlining oversight ognized tribes in the United States rep- House has significant provisions to as- and allowing tribes to exercise greater resenting approximately 2.5 million sist in the restoration of older develop- discretion over a portion of their grant Native Americans. Of that 2.5 million, ments and the construction of new moneys for affordable housing activi- about 750,000 Native Americans live on housing for the benefit of low-income ties. reservations or in other tribal areas. Native Americans. It’s my hope with Additionally, while this bill contains According to Census data, the poverty these Federal dollars that we can begin the practice of giving tribes more flexi- rate for Native Americans is approxi- to lift up and improve the housing bility to develop housing and manage mately 26 percent. Twenty-six percent problems on our tribal lands. I am also their housing programs, we need to is more than twice the average for all pleased that this legislation will give continue to look ahead to address crit- Americans. While 5.8 percent of the tribes the sovereign authority to make ical infrastructure and economic devel- general population of the United States many of their own business decisions opment needs. is unemployed, the current unemploy- with this funding. I am pleased that this bill preserves ment rate of the reservation workforce In closing, Mr. Speaker, I would also my demonstration program which was is 13.6 percent. In tribal areas, 14.7 per- like to thank, again, my good friends, included in the House-passed version cent of homes are overcrowded, com- Congressmen MEL WATT, KILDEE and last September. My program will make pared to just 5.7 percent of homes in FRANK and all other parties who have NAHASDA dollars go even farther. The the general U.S. population. On Native worked closely with the issue regard- demonstration program gives the American lands, 11.7 percent of resi- ing Freedmen membership and the tribes the same opportunities for eco- dents lack complete plumbing facili- Cherokee Nation. We can all agree that nomic development that States, cities ties, and 6.9 percent lack, get this, tele- this has been a very contentious issue and other units of local government phone service. This, coupled with the at times. However it has always been across the United States already enjoy. price of a new home and the lack of ex- my belief that we in Congress should Currently, communities that receive isting housing, has created a dire situa- let the courts finish their work on this direct funding from the Community tion on reservations in terms of avail- matter before interfering. Development Block Grant Program, ability and quality of housing units. the CDBG program, may borrow or The legislation before us today would b 1600 issue bonded debt for up to five times provide greater autonomy to Native I am pleased that all involved could their annual CDBG allocations. This is Americans in using NAHASDA grant come together in this effort and move the section 108 loan guarantee pro- funds and would provide tribes more re- this important legislation forward in a gram, and it encourages economic de- sources and flexibility to meet their af- bipartisan manner. velopment, housing rehabilitation, fordable housing needs. This is good Mrs. CAPITO. Mr. Speaker, I yield public facilities and large-scale phys- legislation that would help improve such time as he may consume to the ical development projects. living conditions for Native Americans gentleman from New Mexico (Mr. Title VI of NAHASDA is similar to in this country. PEARCE). the section 108 statute and allows

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00090 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.003 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22772 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 tribes to borrow or issue bonded debt The SPEAKER pro tempore (Mr. Calvert Goodlatte McCaul (TX) Camp (MI) Gordon McCollum (MN) up to five times their annual SNYDER). The question is on the motion Campbell (CA) Granger McCotter NAHASDA allocation for housing pur- offered by the gentlewoman from New Cannon Graves McCrery poses. Unfortunately, the title VI pro- York (Mrs. MCCARTHY) that the House Cantor Green, Al McDermott gram has been underutilized in part be- suspend the rules and concur in the Capito Green, Gene McGovern Capps Grijalva McHenry cause the eligible projects are limited Senate amendment to the bill, H.R. Capuano Gutierrez McHugh to low-income activities that do not 2786. Cardoza Hall (NY) McIntyre generate sufficient income to pay back The question was taken; and (two- Carnahan Hall (TX) McKeon these loans. The demonstration pro- Carney Hare McMorris thirds being in the affirmative) the Carson Harman Rodgers gram in H.R. 2786 fixes this by simply rules were suspended and the Senate Carter Hastings (FL) McNerney mirroring title VI activities to those amendment was concurred in. Castle Hayes McNulty activities allowed under the section 108 A motion to reconsider was laid on Castor Heller Meek (FL) Cazayoux Hensarling Meeks (NY) statute. the table. Chabot Herger Melancon My economic and infrastructure de- Chandler Herseth Sandlin Mica velopment program also ensures that f Childers Higgins Michaud Clarke Hill Miller (FL) those who truly need economic support ANNOUNCEMENT BY THE SPEAKER will get it first. I have done this by re- Clay Hinchey Miller (MI) PRO TEMPORE Cleaver Hinojosa Miller (NC) quiring applicants to show that 70 per- Clyburn Hirono Miller, Gary cent of the benefit of the proposed The SPEAKER pro tempore. Pursu- Coble Hobson Miller, George project will go to low income Indian ant to clause 8 of rule XX, proceedings Cohen Hodes Mitchell will resume on motions to suspend the Cole (OK) Hoekstra Mollohan families on Indian reservations and Conaway Holden Moore (KS) other tribal areas. rules previously postponed. Conyers Holt Moore (WI) Our rural and severely impoverished Votes will be taken in the following Cooper Honda Moran (KS) areas greatly benefit from the loan order: Costa Hooley Moran (VA) H.R. 928, de novo; Costello Hoyer Murphy (CT) guarantee program. These rural areas Courtney Hulshof Murphy, Patrick often lack basic infrastructure, and H.R. 7081, by the yeas and nays; Cramer Hunter Murtha many times the only catalyst to en- H.R. 6707, by the yeas and nays. Crenshaw Inglis (SC) Musgrave courage private companies to invest in The first electronic vote will be con- Crowley Inslee Myrick Cuellar Israel Nadler poorer communities comes only after a ducted as a 15-minute vote. Remaining Culberson Issa Napolitano poor rural area has received one of electronic votes will be conducted as 5- Cummings Jackson (IL) Neal (MA) these CDBG loans. minute votes. Davis (AL) Jackson-Lee Neugebauer Harmonizing CDBG activities with Davis (CA) (TX) Nunes f Davis (IL) Johnson (GA) Oberstar title VI under NAHASDA will have a Davis (KY) Johnson (IL) Obey lasting impression on tribal economic INSPECTOR GENERAL REFORM Davis, David Johnson, E. B. Olver development. Better yet, it will help ACT OF 2008 Davis, Lincoln Johnson, Sam Ortiz employ and educate the lowest income Davis, Tom Jones (NC) Pallone The SPEAKER pro tempore. The un- Deal (GA) Jordan Pascrell individuals in the Indian community. finished business is the question on DeFazio Kagen Pastor NAHASDA isn’t about big govern- DeGette Kanjorski Paul ment offering handouts to Indian Coun- suspending the rules and concurring in Delahunt Keller Payne try. It is about handing up in order to the Senate amendment to the bill, H.R. DeLauro Kennedy Pearce 928. Dent Kildee Pence maintain that special relationship the Diaz-Balart, L. Kilpatrick Perlmutter Federal Government shares with the The Clerk read the title of the bill. Diaz-Balart, M. Kind Peterson (MN) tribes. It is about making sure Indian The SPEAKER pro tempore. The Dicks King (IA) Petri Country has the tools they need for a question is on the motion offered by Dingell King (NY) Pitts the gentleman from New York (Mr. Doggett Kingston Platts brighter future. It is about creating Donnelly Kirk Poe jobs and opportunities for Indian Coun- TOWNS) that the House suspend the Doyle Klein (FL) Pomeroy try, and it is about ensuring and pre- rules and concur in the Senate amend- Drake Kline (MN) Porter ment to the bill, H.R. 928. Dreier Knollenberg Price (GA) serving the Native American way of Duncan Kucinich Price (NC) life. The question was taken. Edwards (MD) Kuhl (NY) Putnam The NAHASDA reauthorization is The SPEAKER pro tempore. In the Edwards (TX) LaHood Radanovich critical to addressing Native American opinion of the Chair, two-thirds being Ehlers Lamborn Rahall in the affirmative, the ayes have it. Ellison Lampson Ramstad housing needs. Tribes need additional Ellsworth Langevin Regula flexibility and autonomy to use Indian RECORDED VOTE Emerson Larsen (WA) Rehberg Housing Block Grant dollars efficiently Mr. BOREN. Mr. Speaker, I demand a Engel Larson (CT) Reichert and in a manner that makes the most English (PA) Latham Renzi recorded vote. Eshoo LaTourette Reyes sense for tribal members’ specific hous- A recorded vote was ordered. Etheridge Latta Reynolds ing projects. The vote was taken by electronic de- Everett Lee Richardson Mr. Speaker, as you can see, the re- vice, and there were—ayes 414, noes 0, Fallin Levin Rodriguez authorization of this program is crit- Farr Lewis (CA) Rogers (AL) not voting 19, as follows: Fattah Lewis (GA) Rogers (KY) ical to addressing Native American [Roll No. 661] Feeney Lewis (KY) Rogers (MI) Ferguson Linder Rohrabacher housing needs in New Mexico and AYES—414 across the United States. I would urge Filner Lipinski Ros-Lehtinen Abercrombie Bean Boswell Flake LoBiondo Roskam all of my colleagues to adopt and sup- Ackerman Becerra Boucher Forbes Loebsack Ross port this bill. Aderholt Berkley Boustany Fortenberry Lofgren, Zoe Rothman Mrs. CAPITO. Mr. Speaker, I have no Akin Berman Boyd (FL) Fossella Lowey Roybal-Allard further speakers, and I yield back the Alexander Berry Boyda (KS) Foster Lucas Royce Allen Biggert Brady (PA) Foxx Lungren, Daniel Ruppersberger balance of my time. Altmire Bilbray Brady (TX) Franks (AZ) E. Rush Mrs. MCCARTHY of New York. Mr. Andrews Bilirakis Braley (IA) Frelinghuysen Mack Ryan (OH) Speaker, I want to say to Mr. KILDEE a Arcuri Bishop (GA) Broun (GA) Gallegly Mahoney (FL) Ryan (WI) great thank you. He has been certainly Baca Bishop (NY) Brown (SC) Garrett (NJ) Maloney (NY) Salazar Bachmann Bishop (UT) Brown, Corrine Gerlach Manzullo Sali a fighter for our American Indians on Bachus Blackburn Brown-Waite, Giffords Marchant Sa´ nchez, Linda the Education Committee, and I thank Baird Blumenauer Ginny Gilchrest Markey T. him for bringing forth this legislation. Baldwin Boehner Buchanan Gillibrand Marshall Sanchez, Loretta Mr. Speaker, I have no further re- Barrett (SC) Bonner Burgess Gingrey Matheson Sarbanes Barrow Bono Mack Burton (IN) Gohmert Matsui Saxton quests for time, and I yield back the Bartlett (MD) Boozman Butterfield Gonzalez McCarthy (CA) Scalise balance of my time. Barton (TX) Boren Buyer Goode McCarthy (NY) Schakowsky

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.003 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22773 Schiff Souder Vela´ zquez Bono Mack Green, Al Myrick NAYS—117 Schmidt Space Visclosky Boozman Green, Gene Neal (MA) Abercrombie Hinojosa Poe Schwartz Speier Walberg Boren Gutierrez Neugebauer Baird Hirono Scott (GA) Spratt Walden (OR) Pomeroy Boucher Hall (TX) Nunes Baldwin Holt Scott (VA) Stark Walz (MN) Richardson Boustany Hastings (FL) Ortiz Becerra Hooley Sensenbrenner Stearns Wamp Rothman Boyd (FL) Hastings (WA) Pallone Berry Hunter Serrano Stupak Wasserman Roybal-Allard Brady (TX) Heller Pearce Blumenauer Johnson (GA) Sessions Sullivan Schultz Sa´ nchez, Linda Broun (GA) Hensarling Pence Boswell Jones (NC) Sestak Sutton Waters T. Brown (SC) Herger Peterson (MN) Boyda (KS) Kagen Shadegg Tancredo Watson Sanchez, Loretta Brown, Corrine Herseth Sandlin Petri Brady (PA) Kennedy Shays Tanner Watt Schiff Brown-Waite, Higgins Platts Braley (IA) Kildee Shea-Porter Tauscher Waxman Schwartz Ginny Hill Porter Burgess Kilpatrick Sherman Taylor Welch (VT) Serrano Buchanan Hobson Price (GA) Butterfield Kucinich Shimkus Terry Weldon (FL) Sestak Capps Langevin Shuler Thompson (CA) Westmoreland Burton (IN) Hodes Price (NC) Carson Larsen (WA) Shea-Porter Shuster Thompson (MS) Whitfield (KY) Calvert Hoekstra Putnam Clarke Lee Shuler Simpson Thornberry Wilson (NM) Camp (MI) Holden Radanovich Cleaver Lewis (GA) Skelton Sires Tiahrt Wilson (OH) Campbell (CA) Honda Rahall Clyburn Loebsack Slaughter Skelton Tiberi Wilson (SC) Cannon Hoyer Ramstad Conyers Markey Smith (NJ) Slaughter Towns Wittman (VA) Cantor Hulshof Rangel Costello Marshall Solis Smith (NE) Tsongas Wolf Capito Inglis (SC) Regula Courtney Matsui Space Smith (NJ) Turner Woolsey Capuano Inslee Rehberg Cummings McCollum (MN) Speier Smith (TX) Udall (CO) Wu Cardoza Israel Reichert Davis (CA) McDermott Spratt Smith (WA) Udall (NM) Yarmuth Carnahan Issa Renzi DeFazio McGovern Stark Snyder Upton Young (AK) Carney Jackson (IL) Reyes DeGette McNerney Stupak Solis Van Hollen Young (FL) Carter Jackson-Lee Reynolds DeLauro McNulty Tauscher Castle (TX) Rodriguez NOT VOTING—19 Dingell Michaud Taylor Castor Johnson (IL) Rogers (AL) Doggett Miller, George Blunt Kaptur Tierney Cazayoux Johnson, E. B. Rogers (KY) Thompson (CA) Edwards (MD) Mitchell Thompson (MS) Cubin Lynch Walsh (NY) Chabot Johnson, Sam Rogers (MI) Ellison Moore (WI) Tsongas Doolittle Murphy, Tim Weiner Chandler Jordan Rohrabacher Everett Nadler Udall (NM) Emanuel Peterson (PA) Weller Childers Kanjorski Ros-Lehtinen Farr Napolitano ´ Frank (MA) Pickering Wexler Clay Keller Roskam Fattah Oberstar Velazquez Hastings (WA) Pryce (OH) Coble Kind Ross Filner Obey Visclosky Jefferson Rangel Cohen King (IA) Royce Fortenberry Olver Walz (MN) Watson ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cole (OK) King (NY) Ruppersberger Grijalva Pascrell Conaway Kingston Rush Hall (NY) Pastor Waxman The SPEAKER pro tempore (during Cooper Kirk Ryan (OH) Hare Paul Welch (VT) the vote). Two minutes remain in the Costa Klein (FL) Ryan (WI) Harman Payne Woolsey vote. Cramer Kline (MN) Salazar Hayes Perlmutter Wu Crenshaw Knollenberg Sali Hinchey Pitts Yarmuth b 1637 Crowley Kuhl (NY) Sarbanes ANSWERED ‘‘PRESENT’’—1 Cuellar LaHood Saxton Ms. FALLIN changed her vote from Culberson Lamborn Scalise Foster ‘‘no’’ to ‘‘aye.’’ Davis (AL) Lampson Schakowsky So (two-thirds being in the affirma- Davis (IL) Larson (CT) Schmidt NOT VOTING—17 tive) the rules were suspended and the Davis (KY) Latham Scott (GA) Davis, David LaTourette Scott (VA) Aderholt Kaptur Tierney Senate amendment was concurred in. Davis, Lincoln Latta Sensenbrenner Buyer Lynch Walsh (NY) Cubin Murphy, Tim The result of the vote was announced Davis, Tom Levin Sessions Weiner Doolittle Peterson (PA) Deal (GA) Lewis (CA) Shadegg Weller as above recorded. Franks (AZ) Pickering Delahunt Lewis (KY) Shays Wexler A motion to reconsider was laid on Jefferson Pryce (OH) the table. Dent Linder Sherman Diaz-Balart, L. Lipinski Shimkus ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE f Diaz-Balart, M. LoBiondo Shuster The SPEAKER pro tempore (during Dicks Simpson Lofgren, Zoe the vote). Two minutes remain on the UNITED STATES-INDIA NUCLEAR Donnelly Lowey Sires vote. COOPERATION APPROVAL AND Doyle Lucas Smith (NE) Drake Lungren, Daniel Smith (TX) NONPROLIFERATION ENHANCE- Dreier E. Smith (WA) b 1644 MENT ACT Duncan Mack Snyder So (two-thirds being in the affirma- Edwards (TX) Mahoney (FL) Souder tive) the rules were suspended and the The SPEAKER pro tempore. The un- Ehlers Maloney (NY) Stearns finished business is the vote on the mo- Ellsworth Manzullo Sullivan bill was passed. tion to suspend the rules and pass the Emanuel Marchant Sutton The result of the vote was announced bill, H.R. 7081, on which the yeas and Emerson Matheson Tancredo as above recorded. Engel McCarthy (CA) Tanner A motion to reconsider was laid on nays were ordered. English (PA) McCarthy (NY) Terry The Clerk read the title of the bill. Eshoo McCaul (TX) Thornberry the table. The SPEAKER pro tempore. The Etheridge McCotter Tiahrt f Fallin McCrery Tiberi question is on the motion offered by TAKING RESPONSIBLE ACTION the gentleman from California (Mr. Feeney McHenry Towns Ferguson McHugh Turner FOR COMMUNITY SAFETY ACT BERMAN) that the House suspend the Flake McIntyre Udall (CO) The SPEAKER pro tempore. The un- rules and pass the bill, H.R. 7081. Forbes McKeon Upton This will be a 5-minute vote. Fossella McMorris Van Hollen finished business is the vote on the mo- The vote was taken by electronic de- Foxx Rodgers Walberg tion to suspend the rules and pass the Frank (MA) Meek (FL) Walden (OR) vice, and there were—yeas 298, nays bill, H.R. 6707, as amended, on which Frelinghuysen Meeks (NY) Wamp the yeas and nays were ordered. 117, answered ‘‘present’’ 1, not voting Gallegly Melancon Wasserman 17, as follows: Garrett (NJ) Mica Schultz The Clerk read the title of the bill. Gerlach Miller (FL) Waters The SPEAKER pro tempore. The [Roll No. 662] Giffords Miller (MI) Watt question is on the motion offered by YEAS—298 Gilchrest Miller (NC) Weldon (FL) the gentleman from Minnesota (Mr. Gillibrand Miller, Gary Westmoreland Ackerman Bachus Bilbray OBERSTAR) that the House suspend the Akin Barrett (SC) Bilirakis Gingrey Mollohan Whitfield (KY) Alexander Barrow Bishop (GA) Gohmert Moore (KS) Wilson (NM) rules and pass the bill, H.R. 6707, as Allen Bartlett (MD) Bishop (NY) Gonzalez Moran (KS) Wilson (OH) amended. Altmire Barton (TX) Bishop (UT) Goode Moran (VA) Wilson (SC) This will be a 5-minute vote. Andrews Bean Blackburn Goodlatte Murphy (CT) Wittman (VA) The vote was taken by electronic de- Arcuri Berkley Blunt Gordon Murphy, Patrick Wolf Baca Berman Boehner Granger Murtha Young (AK) vice, and there were—yeas 243, nays Bachmann Biggert Bonner Graves Musgrave Young (FL) 175, not voting 15, as follows:

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00092 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.003 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22774 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 [Roll No. 663] Brown, Corrine Heller Pitts SMALL BUSINESS FINANCING Buchanan Hensarling Platts IMPROVEMENTS ACT OF 2008 YEAS—243 Burgess Herger Poe Burton (IN) Hobson ´ Abercrombie Gillibrand Nadler Price (GA) Ms. VELAZQUEZ. Mr. Speaker, I Buyer Hoekstra Ackerman Gohmert Napolitano Putnam move to suspend the rules and pass the Calvert Hunter Allen Gonzalez Neal (MA) Radanovich Camp (MI) Inglis (SC) bill (H.R. 7175) to amend the Small Andrews Gordon Oberstar Rahall Cannon Issa Arcuri Green, Al Obey Rehberg Business Act to improve the section Cantor Johnson (IL) Baca Green, Gene Olver Reichert 7(a) lending program, and for other Carter Johnson, E. B. Bachmann Grijalva Ortiz Renzi Chabot Johnson, Sam purposes. Baird Hall (NY) Pallone Reynolds Chandler Jordan The Clerk read the title of the bill. Baldwin Hare Pascrell Rogers (KY) Clyburn Keller Barrow Harman Pastor Rogers (MI) The text of the bill is as follows: Coble King (IA) Bean Hastings (FL) Rohrabacher H.R. 7175 Payne Cole (OK) King (NY) Becerra Herseth Sandlin Ros-Lehtinen Perlmutter Conaway Kingston Be it enacted by the Senate and House of Rep- Berkley Higgins Royce Pomeroy Costello Kirk Berman Hill Ryan (WI) resentatives of the United States of America in Porter Crenshaw Kline (MN) Berry Hinchey Sali Congress assembled, Price (NC) Culberson Kuhl (NY) Biggert Hinojosa Schakowsky SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Ramstad Davis (KY) Lamborn Bilbray Hirono Schmidt Rangel Davis, David Latham (a) SHORT TITLE.—This Act may be cited as Bishop (GA) Hodes Regula Davis, Lincoln LaTourette Sensenbrenner the ‘‘Small Business Financing Improve- Bishop (NY) Holden Reyes Deal (GA) Latta Sessions Blumenauer Holt ments Act of 2008’’. Richardson Dent Lewis (CA) Shadegg Boswell Honda (b) TABLE OF CONTENTS.— Rodriguez Diaz-Balart, L. Lewis (KY) Shays Boucher Hooley Sec. 1. Short title; table of contents. Rogers (AL) Diaz-Balart, M. Linder Shuler Boyd (FL) Hoyer Roskam Drake Lucas Shuster TITLE I—7(A) LOAN PROGRAM Brady (PA) Hulshof Ross Dreier Mack Simpson Braley (IA) Inslee Sec. 101. Loan pooling. Rothman Duncan Marchant Smith (NE) Brown-Waite, Israel Sec. 102. Alternative size standard. Roybal-Allard Ehlers Marshall Smith (TX) Ginny Jackson (IL) Ruppersberger Emanuel Matheson Smith (WA) TITLE II—504 CDC PROGRAM Butterfield Jackson-Lee Rush English (PA) McCarthy (CA) Souder Campbell (CA) (TX) Sec. 201. Definitions. Ryan (OH) Everett McCaul (TX) Stearns Capito Johnson (GA) Sec. 202. Eligibility of development compa- Salazar Fallin McHenry Stupak Capps Jones (NC) nies to be designated as cer- Sa´ nchez, Linda Feeney McKeon Sullivan Capuano Kagen tified development companies. T. Flake McMorris Terry Cardoza Kanjorski Sanchez, Loretta Fossella Rodgers Thornberry Sec. 203. Definition of rural areas. Carnahan Kennedy Sarbanes Foxx Meek (FL) Tiahrt Sec. 204. Businesses in low-income areas. Carney Kildee Saxton Franks (AZ) Miller (FL) Tiberi Sec. 205. Combinations of certain goals. Carson Kilpatrick Scalise Frelinghuysen Miller (MI) Turner Sec. 206. Refinancing. Castle Kind Schiff Gallegly Miller, Gary Upton Castor Klein (FL) Sec. 207. Additional equity injections. Schwartz Garrett (NJ) Mollohan Walberg Cazayoux Knollenberg Sec. 208. Loan liquidations. Scott (GA) Gerlach Moran (KS) Walden (OR) Childers Kucinich Sec. 209. Closing costs. Scott (VA) Gingrey Musgrave Wamp Clarke LaHood Sec. 210. Uniform leasing policy. Serrano Goode Myrick Watson Clay Lampson Goodlatte Neugebauer Weldon (FL) TITLE III—SMALL BUSINESS Cleaver Langevin Sestak Granger Nunes Westmoreland INVESTMENT COMPANY PROGRAM Cohen Larsen (WA) Shea-Porter Graves Paul Whitfield (KY) Conyers Larson (CT) Sherman Sec. 301. Simplified maximum leverage lim- Gutierrez Pearce Wilson (SC) Cooper Lee Shimkus its. Hall (TX) Pence Wittman (VA) Costa Levin Sires Hastings (WA) Peterson (MN) Young (AK) Sec. 302. Simplified aggregate investment Courtney Lewis (GA) Skelton Hayes Petri Young (FL) limitations. Cramer Lipinski Slaughter Crowley LoBiondo Smith (NJ) TITLE I—7(A) LOAN PROGRAM Snyder NOT VOTING—15 Cuellar Loebsack SEC. 101. LOAN POOLING. Cummings Lofgren, Zoe Solis Blunt Lynch Tierney Space Cubin Murphy, Tim Walsh (NY) Section 5(g)(1) of the Small Business Act Davis (AL) Lowey (15 U.S.C. 634(g)(1)) is amended— Davis (CA) Lungren, Daniel Speier Doolittle Peterson (PA) Weiner Davis (IL) E. Spratt Jefferson Pickering Weller (1) by inserting ‘‘(A)’’ before ‘‘The Admin- Davis, Tom Mahoney (FL) Stark Kaptur Pryce (OH) Wexler istration’’; DeFazio Maloney (NY) Sutton (2) by striking the colon and all that fol- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE DeGette Manzullo Tancredo lows and inserting a period; and Delahunt Markey Tanner The SPEAKER pro tempore (during (3) by adding at the end the following: Tauscher DeLauro Matsui the vote). There are 2 minutes remain- ‘‘(B) A trust certificate issued under sub- Taylor Dicks McCarthy (NY) ing on the vote. paragraph (A) shall be based on, and backed Dingell McCollum (MN) Thompson (CA) Doggett McCotter Thompson (MS) by, a trust or pool approved by the Adminis- Donnelly McCrery Towns b 1655 trator and composed solely of the guaranteed Doyle McDermott Tsongas portion of such loans. Edwards (MD) McGovern Udall (CO) Messrs. KIRK, COSTELLO, and ‘‘(C) The interest rate on a trust certificate Edwards (TX) McHugh Udall (NM) CHANDLER changed their vote from issued under subparagraph (A) shall be ei- Ellison McIntyre Van Hollen ‘‘yea’’ to ‘‘nay.’’ ther— ´ Ellsworth McNerney Velazquez So (two-thirds not being in the af- ‘‘(i) the lowest interest rate on any indi- Emerson McNulty Visclosky Engel Meeks (NY) Walz (MN) firmative) the motion was rejected. vidual loan in the pool; or Eshoo Melancon Wasserman The result of the vote was announced ‘‘(ii) the weighted average interest rate of Etheridge Mica Schultz as above recorded. all loans in the pool, subject to such limited Farr Michaud Waters variations in loan characteristics as the Ad- Fattah Miller (NC) Watt f ministrator determines appropriate to en- Ferguson Miller, George Waxman hance marketability of the pool certifi- Filner Mitchell Welch (VT) cates.’’. Forbes Moore (KS) Wilson (NM) ANNOUNCEMENT BY THE SPEAKER Fortenberry Moore (WI) Wilson (OH) PRO TEMPORE SEC. 102. ALTERNATIVE SIZE STANDARD. Foster Moran (VA) Wolf Section 3(a) of the Small Business Act (15 Frank (MA) Murphy (CT) Woolsey The SPEAKER pro tempore. Pursu- U.S.C. 632(a)) is amended by adding at the Giffords Murphy, Patrick Wu ant to clause 8 of rule XX, the Chair end the following: Gilchrest Murtha Yarmuth will postpone further proceedings ‘‘(5) OPTIONAL SIZE STANDARD.— ‘‘(A) IN GENERAL.—The Administrator shall NAYS—175 today on motions to suspend the rules establish an optional size standard for busi- Aderholt Barton (TX) Boozman on which a recorded vote or the yeas and nays are ordered, or on which the ness loan applicants under section 7(a) and Akin Bilirakis Boren development company loan applicants under Alexander Bishop (UT) Boustany vote is objected to under clause 6 of title V of the Small Business Investment Act Altmire Blackburn Boyda (KS) rule XX. Bachus Boehner Brady (TX) of 1958, which uses maximum tangible net Barrett (SC) Bonner Broun (GA) Record votes on postponed questions worth and average net income as an alter- Bartlett (MD) Bono Mack Brown (SC) will be taken tomorrow. native to the use of industry standards.

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‘‘(B) INTERIM RULE.—Until the date on ‘‘(B) Financial institutions that provide tified Development Company Economic De- which the optional size standards established commercial long term fixed asset financing. velopment Loan Program by— under subparagraph (A) are in effect, the al- ‘‘(C) Community organizations that are ‘‘(A) requesting and receiving designation ternative size standard in section 121.301(b) dedicated to economic development. as an accredited lender under section 507 or of title 13, Code of Federal Regulations, or ‘‘(D) Businesses. a premier certified lender under section 508; any successor thereto, may be used by busi- ‘‘(7) BOARD OF DIRECTORS.—The develop- and ness loan applicants under section 7(a) and ment company has a board of directors ‘‘(B) meeting or exceeding performance development company loan applicants under that— standards established by the Administration. title V of the Small Business Investment Act ‘‘(A) is elected from the membership by the ‘‘(3) The development company adds to the of 1958.’’. members; membership of its State of incorporation ad- TITLE II—504 CDC PROGRAM ‘‘(B) should represent at least 3 of the 4 ditional membership from each additional SEC. 201. DEFINITIONS. groups enumerated in subsection (a)(6) with State and the added membership meets the Section 103(6) of the Small Business Invest- no group is in a position to control the com- requirements of subsection (a)(6). ment Act of 1958 (15 U.S.C. 662(6)) is amended pany; and ‘‘(4) The development company adds at to read as follows: ‘‘(C) meets on a regular basis to make pol- least one member to its board of directors in ‘‘(6) the term ‘development company’ icy decisions for such company. the State of incorporation, providing that means an entity incorporated under State ‘‘(8) PROFESSIONAL MANAGEMENT AND added member was selected by the member- law with the authority to promote and assist STAFF.—The development company has full- ship of the development company. the growth and development of small-busi- time professional management, including a ‘‘(5) The company meets such other cri- ness concerns in the areas in which it is au- chief executive officer to manage daily oper- teria or complies with such conditions as the thorized to operate by the Administration, ations, and a full-time professional staff Administration deems appropriate. and the term ‘certified development com- qualified to market the Certified Develop- ‘‘(c) PROCESSING OF EXPANSION APPLICA- pany’ means a development company which ment Company Economic Development Loan TIONS.—The Administration shall respond to the Administration has determined meets Program and handle all aspects of loan ap- the request of a certified development com- the criteria of section 506;’’. proval and servicing, including liquidation, pany for certification as a multi-state com- pany on an expedited basis within 30 days of SEC. 202. ELIGIBILITY OF DEVELOPMENT COMPA- if appropriate. The development company is NIES TO BE DESIGNATED AS CER- required to be independently managed and receipt of a completed application if the ap- TIFIED DEVELOPMENT COMPANIES. operated to pursue its economic development plication demonstrates that the development company meets the requirements of sub- Section 506 of the Small Business Invest- mission and to employ its chief executive of- section (b)(1) through (b)(4). ment Act of 1958 (15 U.S.C. 697c) is amended ficer directly, with the following exceptions: ‘‘(d) USE OF FUNDS LIMITED TO STATE to read as follows: ‘‘(A) A development company may be an WHERE GENERATED.—Any funds generated by ‘‘SEC. 506. CERTIFIED DEVELOPMENT COMPA- affiliate of another local non-profit service NIES. a not-for-profit development company from corporation (specifically excluding another making loans under the Certified Develop- ‘‘(a) AUTHORITY TO ISSUE DEBENTURES.—A development company) whose mission is to development company may issue debentures ment Company Economic Development Loan support economic development in the area in Program which remain after payment of pursuant to this Act if the Administration which the development company operates. In certifies that the company meets the fol- staff, operating and overhead expenses shall such a case: be retained by the development company as lowing criteria: ‘‘(i) The development company may satisfy ‘‘(1) SIZE.—The development company is a reserve for future operations, for expanding the requirement for full-time professional required to be a small concern with fewer its area of operations in a local economic staff by contracting with a local non-profit than 500 employees and not under the con- area as authorized by the Administration, or service corporation (or one of its non-profit trol of any entity which does not meet the for investment in other local economic de- affiliates), or a governmental or quasi-gov- Administration’s size standards as a small velopment activity in the State from which ernmental agency, to provide the required business, except that any development com- the funds were generated. staffing. ‘‘(e) ETHICAL REQUIREMENTS.— pany which was certified by the Administra- ‘‘(ii) The development company and the ‘‘(1) IN GENERAL.—Certified development tion prior to December 31, 2005 may continue local non-profit service corporation may companies, their officers, employees and to issue debentures. have partially common boards of directors. other staff, shall at all times act ethically ‘‘(2) PURPOSE.—The primary purpose of the development company is to benefit the com- ‘‘(B) A development company in a rural and avoid activities which constitute a con- munity by fostering economic development area (as defined in section 501(f)) shall be flict of interest or appear to constitute a to create and preserve jobs and stimulate deemed to have satisfied the requirements of conflict of interest. No one may serve as an private investment. a full-time professional staff and profes- officer, director or chief executive officer of sional management ability if it contracts more than one certified development com- ‘‘(3) PRIMARY FUNCTION.—The primary function of the development company is to with another certified development company pany. accomplish its purpose by providing long which has such staff and management ability ‘‘(2) PROHIBITED CONFLICT IN PROJECT term financing to small businesses by the and which is located in the same general LOANS.—As part of a project under the Cer- utilization of the Certified Development area to provide such services. tified Development Company Economic De- Company Economic Development Loan Pro- ‘‘(C) A development company that has been velopment Loan Program, no certified devel- gram. It may also provide or support such certified by the Administration as of Decem- opment company may recommend or ap- other local economic development activities ber 31, 2005, and that has contracted with a prove a guarantee of a debenture by the Ad- to assist the community. for-profit company to provide services as of ministration that is collateralized by a sub- ‘‘(4) NON-PROFIT STATUS.—The development such date may continue to do so. ordinated lien position on the property being company is a non-profit corporation, except ‘‘(b) AREA OF OPERATIONS.—The Adminis- constructed or acquired and also provide, or that a development company certified by the tration shall specify the area in which an ap- be affiliated with a corporation or other en- Administration prior to January 1, 1987, may plicant is certified to provide assistance to tity, for-profit or non-profit, which provides, retain its status as a for-profit corporation. small businesses under this title, which may financing collateralized by a prior lien on ‘‘(5) GOOD STANDING.—The development not initially exceed its State of incorpora- the same property. Upon approval by the Ad- company is in good standing in its State of tion unless it proposes to operate in a local ministrator, abusiness development com- incorporation and in any other State in economic area which is required to include pany that was participating as a first mort- which it conducts business, and is in compli- part of its State of incorporation and may gage lender, either directly or through an af- ance with all laws, including taxation re- include adjacent areas within several States. filiate, for the Certified Development Com- quirements, in its State of incorporation and After a development company has dem- pany Economic Development Loan Program in any other State in which it conducts busi- onstrated its ability to provide assistance in in either fiscal years 2004 or 2005 may con- ness. its area of operations, it may request the Ad- tinue to do so. ‘‘(6) MEMBERSHIP.—The development com- ministration to be allowed to operate in one ‘‘(3) OTHER ECONOMIC DEVELOPMENT ACTIVI- pany should have at least 25 members (or or more additional States as a multi-state TIES.—Operation of multiple programs to as- stockholders if the corporation is a for-profit certified development company if it satisfies sist small business concerns in order for a entity), none of whom may own or control the following criteria: certified development company to carry out more than 20 percent of the company’s vot- ‘‘(1) Each additional State is contiguous to its economic development mission shall not ing membership, consisting of representation the State of incorporation, except the States be deemed a conflict of interest, but notwith- from each of the following groups (none of of Alaska and Hawaii shall be deemed to be standing any other provision of law, no de- which are in a position to control the devel- contiguous to any State abutting the Pacific velopment company may accept funding opment company): — ocean. from any source, including but not limited ‘‘(A) Government organizations that are ‘‘(2) It demonstrates its proficiency in to any department or agency of the United responsible for economic development. making and servicing loans under the Cer- States Government—

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00094 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.003 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22776 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 ‘‘(A) if such funding includes any condi- paragraph (C), not less than 50 percent of the SEC. 210. UNIFORM LEASING POLICY. tions, priorities or restrictions upon the total cost of any project financed pursuant (a) IN GENERAL.—Section 502 of the Small types of small businesses to which they may to clauses (i), (ii), or (iii) of subparagraph (C) Business Investment Act of 1958 (15 U.S.C. provide financial assistance under this title; shall come from the institutions described in 696) is amended or subclauses (I), (II), and (III) of clause (i). (1) by striking paragraphs (4) and (5) and ‘‘(B) if it includes any conditions or im- ‘‘(II) If a small business concern provides inserting the following: poses any requirements, directly or indi- more than the minimum contribution re- ‘‘(4) LIMITATION ON LEASING.—If the use of a rectly, upon any recipient of assistance quired under paragraph (C), any excess con- loan under this section includes the acquisi- under this title unless the department or tribution may be used to reduce the amount tion of a facility or the construction of a new agency also provides all of the financial as- required from the institutions described in facility, the small business concern assisted sistance to be delivered by the development subclauses (I), (II), and (III) of clause (i) ex- ‘‘(A) shall permanently occupy and use not company to the small business and such con- cept that the amount from such institutions less than a total of 50 percent of the space in ditions, priorities or restrictions are limited may not be reduced to an amount less than the facility; and solely to the financial assistance so pro- the amount of the loan made by the Admin- ‘‘(B) may, on a temporary or permanent vided.’’. istration.’’. basis, lease to others not more than 50 per- SEC. 203. DEFINITION OF RURAL AREAS. SEC. 208. LOAN LIQUIDATIONS. cent of the space in the facility.’’; and Section 501 of the Small Business Invest- Section 510 of the Small Business Invest- (2) by redesignating paragraph (6) as para- ment Act of 1958 (15 U.S.C. 695) is amended by ment Act of 1958 (15 U.S.C. 697g) is amend- graph (5). adding at the end the following new sub- ed— (b) POLICY FOR 7(A) LOANS.—Section 7(a)(28) section: (1) by redesignating subsection (e) as sub- of the Small Business Act (15 U.S.C. ‘‘(f) As used in subsection (d)(3)(D), the section (g); and 636(a)(28)) is amended to read as follows: term ‘rural’ shall include any area other (2) by inserting after subsection (d) the fol- ‘‘(28) LIMITATION ON LEASING.—If the use of than— lowing: a loan under this subsection includes the ac- ‘‘(1) a city or town that has a population ‘‘(e) PARTICIPATION.— quisition of a facility or the construction of greater than 50,000 inhabitants; and ‘‘(1) MANDATORY.—Any certified develop- a new facility, the small business concern as- ‘‘(2) the urbanized area contiguous and ad- ment company which elects not to apply for sisted jacent to such a city or town.’’. authority to foreclose and liquidate de- ‘‘(A) shall permanently occupy and use not SEC. 204. BUSINESSES IN LOW-INCOME AREAS. faulted loans under this section or which the less than a total of 50 percent of the space in Section 501(d)(3) of the Small Business In- Administration determines to be ineligible the facility; and vestment Act of 1958 (15 U.S.C. 695(d)(3)) is for such authority shall contract with a ‘‘(B) may, on a temporary or permanent amended by inserting after ‘‘business district qualified third-party to perform foreclosure basis, lease to others not more than 50 per- revitalization’’ the following: ‘‘or expansion and liquidation of defaulted loans in its port- cent of the space in the facility.’’. of businesses in low-income communities folio. The contract shall be contingent upon TITLE III—SMALL BUSINESS INVESTMENT that would be eligible for new market tax approval by the Administration with respect COMPANY PROGRAM credit investments under section 45D of the to the qualifications of the contractor, the terms and conditions of liquidation activi- SEC. 301. SIMPLIFIED MAXIMUM LEVERAGE LIM- Internal Revenue Code of 1986 (26 U.S.C. ITS. 45D)’’. ties, and the ability to reimburse such con- Section 303(b) of the Small Business In- tractor. SEC. 205. COMBINATIONS OF CERTAIN GOALS. vestment Act of 1958 (15 U.S.C. 683(b)) is OMMENCEMENT.—The provisions of Section 501(e) of the Small Business Invest- ‘‘(2) C amended— this subsection shall not require any devel- ment Act of 1958 (15 U.S.C. 695(e)) is amended (1) by striking paragraph (2) and inserting opment company to liquidate defaulted loans by adding at the end the following: the following: until the Administration has adopted and ‘‘(7) A small business concern that is un- ‘‘(2) MAXIMUM LEVERAGE.— implemented a program to compensate and conditionally owned by more than one indi- ‘‘(A) IN GENERAL.—The maximum amount reimburse development companies as pro- vidual, or a corporation whose stock is of outstanding leverage made available to vided under subsection (f). owned by more than one individual, is any one company licensed under section ‘‘(f) COMPENSATION AND REIMBURSEMENT.— deemed to achieve a public policy goal under 301(c) of this Act may not exceed the lesser ‘‘(1) REIMBURSEMENT OF EXPENSES.—The subsection (d)(3) if a combined ownership Administration shall reimburse each cer- of— share of at least 51 percent is held by individ- tified development company for all expenses ‘‘(i) 300 percent of such company’s private uals who are in one of the groups listed as paid by such company as part of the fore- capital; or public policy goals specified in subsection closure and liquidation activities if the ex- ‘‘(ii) $150,000,000. (d)(3)(C) or (d)(3)(E).’’. penses— ‘‘(B) MULTIPLE LICENSES UNDER COMMON SEC. 206. REFINANCING. ‘‘(A) were approved in advance by the Ad- CONTROL.—The maximum amount of out- Section 502 of the Small Business Invest- ministration either specifically or generally; standing leverage made available to two or ment Act of 1958 (15 U.S.C. 696) is amended by or more companies licensed under section 301(c) adding at the end the following: ‘‘(B) were incurred by the company on an of this Act that are commonly controlled (as ‘‘(7) PERMISSIBLE DEBT REFINANCING.—Any emergency basis without Administration determined by the Administrator) and not financing approved under this title may also prior approval but which were reasonable under capital impairment may not exceed include a limited amount of debt refinancing and appropriate. $225,000,000.’’; and for debt that was not previously guaranteed ‘‘(2) COMPENSATION FOR RESULTS.—The Ad- (2) by striking paragraph (4). by the Administration. If the project in- ministration shall develop a schedule to SEC. 302. SIMPLIFIED AGGREGATE INVESTMENT volves expansion of a small business which compensate and provide an incentive to LIMITATIONS. has existing indebtedness collateralized by qualified State or local development compa- Section 306(a) of the Small Business In- fixed assets, a limited amount may be refi- nies which foreclose and liquidate defaulted vestment Act of 1958 (15 U.S.C. 686(a)) is nanced and added to the expansion cost, pro- loans. The schedule shall be based on a per- amended to read as follows: viding— centage of the net amount recovered but ‘‘(a) PERCENTAGE LIMITATION ON PRIVATE ‘‘(A) the proceeds of the indebtedness were shall not exceed a maximum amount. The CAPITAL.—If any small business investment used to acquire land, including a building schedule shall not apply to any foreclosure company has obtained financing from the situated thereon, to construct a building which is conducted pursuant to a contract Administration and such financing remains thereon or to purchase equipment; between a development company and a quali- outstanding, the aggregate amount of securi- ‘‘(B) the borrower has been current on all fied third-party to perform the foreclosure ties acquired and for which commitments payments due on the existing debt for at and liquidation.’’. may be issued by such company under the provisions of this title for any single enter- least the past year; and SEC. 209. CLOSING COSTS. ‘‘(C) the financing under the Certified De- Paragraph (4) of section 503(b) of the Small prise shall not, without the approval of the velopment Company Economic Development Business Investment Act of 1958 (15 U.S.C. Administration, exceed 10 percent of the sum Loan Program will provide better terms or 697(b)) is amended to read as follows: of— rate of interest than now exists on the ‘‘(4) the aggregate amount of such deben- ‘‘(1) the private capital of such company; debt.’’. ture does not exceed the amount of loans to and ‘‘(2) the total amount of leverage projected SEC. 207. ADDITIONAL EQUITY INJECTIONS. be made from the proceeds of such debenture Clause (ii) of section 502(3)(B) of the Small plus, at the election of the borrower under by the company in the company’s business Business Investment Act of 1958 (15 U.S.C. the Certified Development Company Eco- plan that was approved by the Administra- 696(3)(B)) is amended to read as follows: nomic Development Loan Program, other tion at the time of the grant of the com- pany’s license.’’. ‘‘(ii) FUNDING FROM INSTITUTIONS.— amounts attributable to the administrative ‘‘(I) If a small business concern provides and closing costs of such loans, except for The SPEAKER pro tempore. Pursu- the minimum contribution required under the borrower’s attorney fees;’’. ant to the rule, the gentlewoman from

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New York (Ms. VELA´ ZQUEZ) and the This act will help thousands of small lending program. Nevertheless, these gentleman from Ohio (Mr. CHABOT) firms maintain and grow their compa- changes will improve the liquidity in each will control 20 minutes. nies. It will do this by allowing them the small business lending market The Chair recognizes the gentle- to access the funds they need to go while making the loans available to woman from New York. about their daily business and do ev- more small businesses. It’s important GENERAL LEAVE erything from meet payroll to stock to note that nothing in title I changes Ms. VELA´ ZQUEZ. Mr. Speaker, I ask their shelves. Capital is the most basic the standards under which the SBA unanimous consent that all Members and essential building block for small guarantees the issuance of loans or al- may have 5 legislative days to revise business ownership. After all, it is ters the fact that the program operates and extend their remarks and to in- what allows entrepreneurs to start without any taxpayer subsidy. I want clude extraneous materials on the bill companies in the first place. For this to reiterate that: Operates without any under consideration. reason, the bill has won full approval taxpayer subsidy. The SPEAKER pro tempore. Is there from the Small Business Administra- I’m most proud of title II of H.R. 7175. objection to the request of the gentle- tion. It modifies and strengthens the loan woman from New York? I should also add that this provision program operated pursuant to title V There was no objection. has at one point or another been passed of the Small Business Investment Act in the House. b 1700 of 1958. Certified development compa- Small businesses employ half of this nies, or CDCs, are vital to long-term ´ Ms. VELAZQUEZ. Mr. Speaker, I Nation’s workforce, and entire local economic and community development yield myself as much time as I con- economies depend on their success. The in my district and throughout the sume. bill we’re considering here today will country. CDCs operate to provide long- Mr. Speaker, I rise in support of this be an important first step in ensuring term fixed-rate financing for small bill which would help entrepreneurs that America’s entrepreneurs can business concerns who find their fi- gain access to vital capital. Even be- achieve their success. With this in nancing needs cannot be met due to the fore the recent troubles on Wall Street mind, I urge my colleagues to support loan limits of the 7-day loan program. began, securing funding was an uphill its passage. And unlike many 7-day lenders, CDCs battle for small businesses. Today, it is I reserve the balance of my time. must be locally based so they have a even more challenging than ever. Mr. CHABOT. Mr. Speaker, I yield key understanding of the needs of the The effects of the current lending myself such time as I may consume. communities they serve. slump have been taxing. Liquidity Today I rise in support of H.R. 7175, The first thing that title II does is challenges have caused lenders to cut the Small Business Lending Improve- change the name of the program. While lines of credit and recall loans to small ments Act of 2008. I especially would this may sound minor, it will provide firms. As these crucial sources of in- ´ like to thank Chairwoman VELAZQUEZ greater recognition to CDCs and enable vestment dry up, entrepreneurs have for working in a cooperative and bipar- them to better promote their impor- few places left to turn. tisan manner to bring this important tant mission of local economic develop- Venture capital investors, who have bill to the House floor. Once again, she ment. historically fueled the startup commu- has done so. She has been working in Section 202 makes important tech- nity, are becoming more and more cau- such a manner for the last 2 years. I nical changes to the definitions in the tious in doing so. At the same time, commend her for that. commercial banks have raised the bar All of us are aware of the recent tur- CDC program, including, most impor- for lending criteria on interest rates. moil in the financial markets. These tantly, defining the term ‘‘certified de- While the Small Business Adminis- problems also directly impact Amer- velopment company.’’ As a corollary, tration has historically helped entre- ica’s small businesses. Availability of title II eliminates the outdated term preneurs during economic downturns, credit is reduced thereby dampening ‘‘qualified state and local development it is also failing to meet funding needs. the capacity of small businesses to cre- company’’ from the Small Business In- In fact, the Small Business Adminis- ate much-needed jobs. Yet it’s not just vestment Act of 1958. tration lending is down 25 percent this the availability of credit that ad- In my estimation, section 203 is the year. Most small businesses rely on versely impacts America’s small busi- most important provision in the bill. It some form of loans or credit in order to ness owners. These people are also ordi- statutorily establishes the procedures meet their daily needs. Not surpris- nary men and women with the same by which the SBA designates entities ingly, the consequences of today’s concerns about the value of their as CDCs. The most important require- downturn in funding have had a crip- homes, the safety of their investments, ments of the statutory procedures is pling effect on their community. the spiking interest rates, and the out- the mandate that the CDC have local The Small Business Financing Im- look for the future of their children board members familiar with the eco- provement Act of 2008 will help in that every American has to be con- nomic development needs of the com- small but important ways in part by cerned about in these uncertain times. munity. Even though the bill author- enhancing the Small Business Adminis- The bill before us today will not rem- izes expansion only into neighboring tration lending programs. For example, edy all of these problems, but it will states, the CDC must have representa- it will improve the administration’s make important improvements in the tives that understand the local eco- 7(a) initiative, which is its most fre- capacity of small businesses to obtain nomic development needs of the new quently used line of small business needed capital without further adding state of operation. credit. It would also ease the flow of in- to the potential problems facing our fi- Another very important aspect of the vestments from venture capitalists. nancial sector. bill authorizes the CDCs to perform This will be particularly helpful as Although the changes in the bill are their own liquidations. Under the cur- venture capital funding has a history modest, they include key components rent process, the SBA performs liquida- of sparking innovation. of H.R. 1336 that the House overwhelm- tions and only receives about 20 cents Furthermore, the bill I am proposing ingly passed back in 2007. These modi- on the dollar, a wholly inadequate re- today will encourage lending from fications will increase the availability turn on guarantees issued by the Fed- commercial banks. It will also do this of credit for small businesses and re- eral Government. by reducing the regulatory burden for duce unnecessary paperwork on lenders By having CDCs with their local ex- financiers looking to fund small firms. without undermining the scrutiny pro- pertise performing liquidations, the In light of their current reluctance to vided by the Small Business Adminis- taxpayers will receive a better return make small business loans, this will be tration of the lenders or borrowers. on their guarantee, something essen- a tremendous incentive for banks to as- Title I makes very modest changes to tial given current conditions in the fi- sist entrepreneurs. the operation of the SBA’s core 7(a) nancial markets.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00096 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.003 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22778 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 Title II also makes other changes I think we have to deal with the cri- personnel strengths for such fiscal providing greater financial opportuni- sis that faces us right now. But I think year, and for other purposes.’’. ties for small businesses under the CDC all of us ought to be aware that until f program and enhance local economic we solve the energy crisis, until we be- development without placing any come energy independent or move rap- b 1715 undue risk on the taxpayer. idly in that direction, we’re going to RECOGNIZING THE 10TH ANNIVER- Finally, title III of H.R. 7175 makes continue to have problems in the fu- SARY OF THE ESTABLISHMENT some technical changes to the oper- ture with this economy. This economy OF THE MINORITY AIDS INITIA- ation of the small business investment cannot stand $4 a gallon gasoline. We TIVE company program. By making it easier just can’t. And it is going to impact Mr. PALLONE. Mr. Speaker, I ask to calculate investment limits, SBICs every area of this economy now and in unanimous consent that the Com- will be better able to manage their the future. mittee on Energy and Commerce be portfolios thereby increasing the over- Even if we pass this so-called bailout discharged from further consideration all value of their portfolios without bill today or next week or tomorrow, of the concurrent resolution, H. Con. placing the Federal taxpayer at any in- whenever we pass it, it’s not going to Res. 426, and ask for its immediate con- creased risk. solve the problem until we deal with sideration in the House. Together, all of these changes made the energy crisis which is an integral The Clerk read the title of the con- will spur economic development, which part of the problems facing America. current resolution. is really one of the key things we need Ms. VELA´ ZQUEZ. Mr. Speaker, I The SPEAKER pro tempore. Is there to do at this time. have no further speakers on this side, objection to the request of the gen- For these reasons, I ask my col- and I’m prepared to close. tleman from New Jersey? leagues to support passage of this. Mr. CHABOT. Mr. Speaker, I yield I reserve the balance of my time. There was no objection. back the balance of my time. Ms. VELA´ ZQUEZ. Mr. Speaker, I The text of the concurrent resolution Ms. VELA´ ZQUEZ. Mr. Speaker, let have no further speakers. is as follows: me just say that small businesses are I reserve my time. H. CON. RES. 426 Mr. CHABOT. Mr. Speaker, I yield 2 the innovators in this country and that for the last 7 years, this administra- Whereas the Minority AIDS Initiative was minutes to the gentleman from Indiana established on October 28, 1998, under the (Mr. BURTON). tion’s failed policies have not provided the tools and resources for small busi- leadership of the Congressional Black Cau- Mr. BURTON of Indiana. I thank the cus, during the Chairmanship of Congress- gentleman for yielding. nesses to be part of the energy solution woman Maxine Waters, to target funds for This appears to be a pretty good bill, and make this country energy inde- the awareness, prevention, testing, and but we’re not going to help small busi- pendent. treatment of HIV/AIDS toward racial and ness until we get an energy package We passed H.R. 6 last year. Let’s get ethnic minority communities and toward that’s going to lower the price of en- the White House and the administra- community-based organizations and health ergy, gasoline, and other forms of en- tion to implement those provisions care providers serving these communities; ergy in this country. We’re sending $700 that will allow for small businesses to Whereas HIV/AIDS is a devastating epi- be part of innovation in relation to en- demic that continues to spread in commu- billion a year overseas that could be nities throughout the United States; kept here in America by drilling here ergy independence in this country. Whereas there are more than 1,000,000 peo- in America and getting energy out of I yield back the balance of my time. ple living with HIV/AIDS in the United the ground here in America creating The SPEAKER pro tempore (Mr. States today; hundreds of thousands of jobs. That’s CAZAYOUX). The question is on the mo- Whereas there are more than 14,000 AIDS- not going to happen. That’s not going tion offered by the gentlewoman from related deaths every year in the United to happen until we get a good energy New York (Ms. VELA´ ZQUEZ) that the States; bill. House suspend the rules and pass the Whereas approximately 1 in 4 of the people We’re asked today to deal with a $700 bill, H.R. 7175. living with HIV/AIDS in the United States do not know they are infected; billion piece of legislation that will The question was taken. Whereas all racial and ethnic minorities help keep this country’s economy The SPEAKER pro tempore. In the are disproportionately impacted by HIV/ afloat. And I submit to my colleagues opinion of the Chair, two-thirds being AIDS; tonight or today that even if we passed in the affirmative, the ayes have it. Whereas African-Americans account for that and we solved this problem tempo- Mr. CHABOT. Mr. Speaker, I object about half of new AIDS cases, although ap- rarily, we’re going to be right back to the vote on the ground that a proximately 13 percent of the population as a here if we don’t deal with the energy quorum is not present and make the whole is Black, and the Centers for Disease crisis. point of order that a quorum is not Control and Prevention (CDC) estimates that This energy crisis is taking money African-Americans accounted for 45 percent present. of new HIV infections in 2006; out of everybody’s pockets: small busi- The SPEAKER pro tempore. Pursu- Whereas Hispanic-Americans account for ness, big business, homeowners. If a ant to clause 8 of rule XX and the 19 percent of new AIDS cases, although only person has to pay exorbitant prices to Chair’s prior announcement, further 15 percent of the population as a whole is fill their gas tank to get their kids to proceedings on this motion will be Hispanic, and the CDC estimates that His- and from school and to and from work, postponed. panic-Americans accounted for 17 percent of it’s going to hurt them. It’s going to The point of no quorum is considered new HIV infections in 2006; hurt them when they have to buy gro- withdrawn. Whereas Asian-Americans and Pacific Is- ceries that are transported across this landers account for 1 percent of new AIDS f cases, and Native Americans and Alaskan country by diesel fuel and trucks. And Natives account for up to 1 percent of new because of that, people’s cost of living FURTHER MESSAGE FROM THE SENATE AIDS cases; is going up and up and up. And if you Whereas approximately 70 percent of new don’t think that’s going to have an im- A further message from the Senate AIDS cases are racial and ethnic minorities; pact on their ability to pay their home by Ms. Curtis, one of its clerks, an- Whereas the CDC recently released new es- mortgages, you’re just not thinking nounced that the Senate agrees to the timates of HIV infection, which indicate that straight. amendment of the House to the bill (S. approximately 56,300 new HIV infections oc- We have to deal with the energy cri- 3001) ‘‘An Act to authorize appropria- curred in the United States in 2006; sis so people can spend less on energy, tions for fiscal year 2009 for military Whereas these new estimates are approxi- mately 40 percent higher than the CDC’s pre- can have that money for food for their activities of the Department of De- vious estimates of 40,000 new infections per kids, and to get to and from school and fense, for military construction, and year; to and from work and to pay for their for defense activities of the Depart- Whereas the CDC’s data confirms that the home mortgages. ment of Energy, to prescribe military most severe impact continues to be among

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00097 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.003 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22779 gay and bisexual men of all races, and Black viders in minority communities to deliver Whereas the CDC’s data confirms that the men and women; culturally and linguistically appropriate most severe impact continues to be among Whereas the purpose of the Minority AIDS HIV/AIDS care and services within the mi- gay and bisexual men of all races, and Black Initiative is to enable community based or- nority populations they serve; men and women; ganizations and health care providers in mi- (3) encourages racial and ethnic minorities Whereas the purpose of the Minority AIDS nority communities to improve their capac- and all Americans to educate themselves Initiative is to enable community based or- ity to deliver culturally and linguistically about the prevention and treatment of HIV/ ganizations and health care providers in mi- appropriate HIV/AIDS care and services; AIDS and reduce HIV related stigma; nority communities to improve their capac- Whereas the establishment of the Minority (4) encourages the Centers for Disease Con- ity to deliver culturally and linguistically AIDS Initiative was announced on October trol and Prevention to appropriately address appropriate HIV/AIDS care and services; 28, 1998, during a ‘‘roll-out’’ event sponsored populations significantly impacted by HIV/ Whereas concerned Members of Congress, by the Congressional Black Caucus, which AIDS not only through the Minority AIDS including members of the Congressional featured the participation of President Bill Initiative, but through all available pro- Black Caucus, the Congressional Hispanic Clinton, Secretary of Health and Human grams; and Caucus, the Congressional Asian Pacific Services Donna Shalala, Congresswoman (5) supports the continuing efforts of the American Caucus, and the Congressional His- Maxine Waters, members of the Congres- Minority AIDS Initiative to stop the spread panic Conference, continue to support the sional Black Caucus, and representatives of of HIV/AIDS and urges effective, compas- Minority AIDS Initiative; HIV/AIDS service and advocacy organiza- sionate treatment and care to individuals af- Whereas the Minority AIDS Initiative con- tions; fected by HIV/AIDS. tinues to provide funding to community- Whereas it was announced at this ‘‘roll- The amendment was agreed to. based organizations, research institutions, out’’ that the Minority AIDS Initiative minority-serving colleges and universities, would receive an initial appropriation of The concurrent resolution, as amend- health care organizations, State and local $156,000,000 in fiscal year 1999; ed, was agreed to. health departments, correctional institu- Whereas concerned Members of Congress, AMENDMENT TO THE PREAMBLE OFFERED BY tions, and other providers of health informa- including members of the Congressional MR. PALLONE tion and services to help such entities ad- Black Caucus, the Congressional Hispanic Mr. PALLONE. Mr. Speaker, I have dress the HIV/AIDS epidemic within the mi- Caucus, the Congressional Asian Pacific an amendment to the preamble at the nority populations they serve; American Caucus, and the Congressional His- desk. Whereas Congress codified the Minority panic Conference, continue to support the AIDS Initiative within the most recent reau- Minority AIDS Initiative; The Clerk read as follows: thorization of the Ryan White CARE Act; Whereas the Minority AIDS Initiative con- Amendment to the preamble offered by Mr. Whereas the Minority AIDS Initiative fills tinues to provide funding to community- PALLONE: gaps in HIV/AIDS outreach, awareness, pre- based organizations, research institutions, Amend the preamble to read as follows: vention, treatment, surveillance, and infra- minority-serving colleges and universities, Whereas the Minority AIDS Initiative was structure across communities of color; and health care organizations, State and local established on October 28, 1998, under the Whereas, October 28, 2008, is the 10th anni- health departments, correctional institu- leadership of the Congressional Black Cau- versary of the establishment of the Minority tions, and other providers of health informa- cus, to target funds for the awareness, pre- AIDS Initiative: Now, therefore, be it tion and services to help such entities ad- vention, testing, and treatment of HIV/AIDS Mr. PALLONE (during the reading). dress the HIV/AIDS epidemic within the mi- toward racial and ethnic minority commu- Mr. Speaker, I ask unanimous consent nority populations they serve; nities and toward community-based organi- to dispense with the reading of the Whereas Congress codified the Minority zations and health care providers serving AIDS Initiative within the most recent reau- these communities; amendment. thorization of the Ryan White CARE Act; Whereas HIV/AIDS is a devastating epi- The SPEAKER pro tempore. Is there Whereas the Minority AIDS Initiative fills demic that continues to spread in commu- objection to the request of the gen- gaps in HIV/AIDS outreach, awareness, pre- nities throughout the United States; tleman from New Jersey? vention, treatment, surveillance, and infra- Whereas there are more than 1,000,000 peo- There was no objection. structure across communities of color; and ple living with HIV/AIDS in the United The amendment to the preamble was Whereas, October 28, 2008, is the 10th anni- States today; agreed to. versary of the establishment of the Minority Whereas there are more than 14,000 AIDS- A motion to reconsider was laid on AIDS Initiative: Now, therefore, be it related deaths every year in the United the table. Resolved by the House of Representatives (the States; f Senate concurring), That the Congress— Whereas approximately 1 in 4 of the people (1) recognizes and commemorates the 10th living with HIV/AIDS in the United States GENERAL LEAVE anniversary of the establishment of the Mi- do not know they are infected; Mr. PALLONE. Mr. Speaker, I ask nority AIDS Initiative; Whereas racial and ethnic minorities are (2) commends the efforts of community- disproportionately impacted by HIV/AIDS; unanimous consent that all Members based organizations and health care pro- Whereas African-Americans account for may have 5 legislative days to revise viders in minority communities to deliver about half of new AIDS cases, although ap- and extend their remarks and include culturally and linguistically appropriate proximately 13 percent of the population as a extraneous material on the resolution HIV/AIDS care and services within the mi- whole is Black, and the Centers for Disease just considered. nority populations they serve; Control and Prevention (CDC) estimates that The SPEAKER pro tempore. Is there (3) encourages racial and ethnic minorities African-Americans accounted for 45 percent objection to the request of the gen- to educate themselves about the prevention of new HIV infections in 2006; tleman from New Jersey? and treatment of HIV/AIDS and reduce HIV Whereas Hispanic-Americans account for There was no objection. related stigma; and 19 percent of new AIDS cases, although only (4) supports the continued funding of the 15 percent of the population as a whole is f Minority AIDS Initiative and other Federal Hispanic, and the CDC estimates that His- PRIORITIZING RESOURCES AND programs to stop the spread of HIV/AIDS and panic-Americans accounted for 17 percent of ORGANIZATION FOR INTELLEC- provide effective, compassionate treatment new HIV infections in 2006; TUAL PROPERTY ACT OF 2008 and care to individuals affected by HIV/ Whereas Asian-Americans and Pacific Is- AIDS. landers account for 1 percent of new AIDS Mr. CONYERS. Mr. Speaker, I move cases, and Native Americans and Alaskan AMENDMENT OFFERED BY MR. PALLONE to suspend the rules and pass the Sen- Natives account for up to 1 percent of new Mr. PALLONE. Mr. Speaker, I have ate bill (S. 3325) to enhance remedies AIDS cases; for violations of intellectual property an amendment at the desk. Whereas approximately 70 percent of new The Clerk read as follows: laws, and for other purposes. AIDS cases are racial and ethnic minorities; The Clerk read the title of the Senate Amendment offered by Mr. PALLONE: Whereas the CDC recently released new es- Amend page 4, line 3, through page 5, line timates of HIV infection, which indicate that bill. 9, to read as follows: approximately 56,300 new HIV infections oc- The text of the Senate bill is as fol- (1) recognizes and commemorates the 10th curred in the United States in 2006; lows: anniversary of the establishment of the Mi- Whereas these new estimates are approxi- S. 3325 nority AIDS Initiative; mately 40 percent higher than the CDC’s pre- Be it enacted by the Senate and House of Rep- (2) commends the efforts of community- vious estimates of 40,000 new infections per resentatives of the United States of America in based organizations and health care pro- year; Congress assembled,

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00098 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.003 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22780 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (2) any domestic concern (including any ‘‘(C) of records documenting the manufac- (a) SHORT TITLE.—This Act may be cited as permanent domestic establishment of any ture, sale, or receipt of things involved in the ‘‘Prioritizing Resources and Organiza- foreign concern), and any such violation, provided that any tion for Intellectual Property Act of 2008’’. (3) any foreign subsidiary or affiliate (in- records seized under this subparagraph shall (b) TABLE OF CONTENTS.—The table of con- cluding any permanent foreign establish- be taken into the custody of the court. tents is as follows: ment) of any domestic concern that is con- ‘‘(2) For impoundments of records ordered Sec. 1. Short title; table of contents. trolled in fact by such domestic concern, under paragraph (1)(C), the court shall enter Sec. 2. Reference. except that such term does not include an in- an appropriate protective order with respect Sec. 3. Definition. dividual who resides outside the United to discovery and use of any records or infor- mation that has been impounded. The pro- TITLE I—ENHANCEMENTS TO CIVIL States and is employed by an individual or tective order shall provide for appropriate INTELLECTUAL PROPERTY LAWS entity other than an individual or entity de- scribed in paragraph (1), (2), or (3). procedures to ensure that confidential, pri- Sec. 101. Registration of claim. vate, proprietary, or privileged information Sec. 102. Civil remedies for infringement. TITLE I—ENHANCEMENTS TO CIVIL INTELLECTUAL PROPERTY LAWS contained in such records is not improperly Sec. 103. Treble damages in counterfeiting disclosed or used. cases. SEC. 101. REGISTRATION OF CLAIM. ‘‘(3) The relevant provisions of paragraphs Sec. 104. Statutory damages in counter- (a) LIMITATION TO CIVIL ACTIONS; HARMLESS (2) through (11) of section 34(d) of the Trade- feiting cases. ERROR.—Section 411 of title 17, United States mark Act (15 U.S.C. 1116(d)(2) through (11)) Sec. 105. Importation and exportation. Code, is amended— shall extend to any impoundment of records TITLE II—ENHANCEMENTS TO CRIMINAL (1) in the section heading, by inserting ordered under paragraph (1)(C) that is based INTELLECTUAL PROPERTY LAWS ‘‘CIVIL’’ before ‘‘INFRINGEMENT’’; upon an ex parte application, notwith- (2) in subsection (a)— Sec. 201. Criminal copyright infringement. standing the provisions of rule 65 of the Fed- (A) in the first sentence, by striking ‘‘no Sec. 202. Trafficking in counterfeit labels, il- eral Rules of Civil Procedure. Any references action’’ and inserting ‘‘no civil action’’; and licit labels, or counterfeit docu- in paragraphs (2) through (11) of section 34(d) (B) in the second sentence, by striking ‘‘an mentation or packaging for of the Trademark Act to section 32 of such action’’ and inserting ‘‘a civil action’’; works that can be copyrighted. Act shall be read as references to section 501 (3) by redesignating subsection (b) as sub- Sec. 203. Unauthorized fixation. of this title, and references to use of a coun- section (c); Sec. 204. Unauthorized recording of motion terfeit mark in connection with the sale, of- (4) in subsection (c), as so redesignated by pictures. fering for sale, or distribution of goods or paragraph (3), by striking ‘‘506 and sections Sec. 205. Trafficking in counterfeit goods or services shall be read as references to in- 509 and’’ and inserting ‘‘505 and section’’; and services. fringement of a copyright.’’. (5) by inserting after subsection (a) the fol- Sec. 206. Forfeiture, destruction, and res- (b) PROTECTIVE ORDER FOR SEIZED lowing: titution. RECORDS.—Section 34(d)(7) of the Trademark ‘‘(b)(1) A certificate of registration satis- Sec. 207. Forfeiture under Economic Espio- Act (15 U.S.C. 1116(d)(7)) is amended to read fies the requirements of this section and sec- nage Act. as follows: tion 412, regardless of whether the certificate Sec. 208. Criminal infringement of a copy- ‘‘(7) Any materials seized under this sub- contains any inaccurate information, un- right. section shall be taken into the custody of less— Sec. 209. Technical and conforming amend- the court. For seizures made under this sec- ‘‘(A) the inaccurate information was in- ments. tion, the court shall enter an appropriate cluded on the application for copyright reg- protective order with respect to discovery TITLE III—COORDINATION AND STRA- istration with knowledge that it was inac- TEGIC PLANNING OF FEDERAL EFFORT and use of any records or information that curate; and has been seized. The protective order shall AGAINST COUNTERFEITING AND IN- ‘‘(B) the inaccuracy of the information, if FRINGEMENT provide for appropriate procedures to ensure known, would have caused the Register of that confidential, private, proprietary, or Sec. 301. Intellectual Property Enforcement Copyrights to refuse registration. privileged information contained in such Coordinator. ‘‘(2) In any case in which inaccurate infor- records is not improperly disclosed or used.’’. Sec. 302. Definition. mation described under paragraph (1) is al- SEC. 103. TREBLE DAMAGES IN COUNTERFEITING Sec. 303. Joint strategic plan. leged, the court shall request the Register of CASES. Sec. 304. Reporting. Copyrights to advise the court whether the Section 35(b) of the Trademark Act of 1946 Sec. 305. Savings and repeals. inaccurate information, if known, would (15 U.S.C. 1117(b)) is amended to read as fol- Sec. 306. Authorization of appropriations. have caused the Register of Copyrights to lows: TITLE IV—DEPARTMENT OF JUSTICE refuse registration. ‘‘(b) In assessing damages under subsection PROGRAMS ‘‘(3) Nothing in this subsection shall affect (a) for any violation of section 32(1)(a) of this any rights, obligations, or requirements of a Sec. 401. Local law enforcement grants. Act or section 220506 of title 36, United person related to information contained in a Sec. 402. Improved investigative and foren- States Code, in a case involving use of a registration certificate, except for the insti- sic resources for enforcement of counterfeit mark or designation (as defined tution of and remedies in infringement ac- laws related to intellectual in section 34(d) of this Act), the court shall, tions under this section and section 412.’’. property crimes. unless the court finds extenuating cir- (b) TECHNICAL AND CONFORMING AMEND- Sec. 403. Additional funding for resources to cumstances, enter judgment for three times MENTS.— investigate and prosecute intel- such profits or damages, whichever amount (1) Section 412 of title 17, United States lectual property crimes and is greater, together with a reasonable attor- Code, is amended by striking ‘‘411(b)’’ and in- other criminal activity involv- ney’s fee, if the violation consists of— serting ‘‘411(c)’’. ing computers. ‘‘(1) intentionally using a mark or designa- (2) The item relating to section 411 in the Sec. 404. Annual reports. tion, knowing such mark or designation is a table of sections for chapter 4 of title 17, counterfeit mark (as defined in section 34(d) TITLE V—MISCELLANEOUS United States Code, is amended to read as of this Act), in connection with the sale, of- Sec. 501. GAO study on protection of intel- follows: fering for sale, or distribution of goods or lectual property of manufactur- ‘‘Sec. 411. Registration and civil infringe- services; or ers. ment actions.’’. ‘‘(2) providing goods or services necessary Sec. 502. GAO audit and report on non- SEC. 102. CIVIL REMEDIES FOR INFRINGEMENT. to the commission of a violation specified in duplication and efficiency. (a) IN GENERAL.—Section 503(a) of title 17, paragraph (1), with the intent that the re- Sec. 503. Sense of Congress. United States Code, is amended to read as cipient of the goods or services would put the SEC. 2. REFERENCE. follows: goods or services to use in committing the Any reference in this Act to the ‘‘Trade- ‘‘(a)(1) At any time while an action under violation. mark Act of 1946’’ refers to the Act entitled this title is pending, the court may order the In such a case, the court may award prejudg- ‘‘An Act to provide for the registration of impounding, on such terms as it may deem ment interest on such amount at an annual trademarks used in commerce, to carry out reasonable— interest rate established under section the provisions of certain international con- ‘‘(A) of all copies or phonorecords claimed 6621(a)(2) of the Internal Revenue Code of ventions, and for other purposes’’, approved to have been made or used in violation of the 1986, beginning on the date of the service of July 5, 1946 (15 U.S.C. 1051 et seq.). exclusive right of the copyright owner; the claimant’s pleadings setting forth the SEC. 3. DEFINITION. ‘‘(B) of all plates, molds, matrices, mas- claim for such entry of judgment and ending In this Act, the term ‘‘United States per- ters, tapes, film negatives, or other articles on the date such entry is made, or for such son’’ means— by means of which such copies of shorter time as the court considers appro- (1) any United States resident or national, phonorecords may be reproduced; and priate.’’.

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SEC. 104. STATUTORY DAMAGES IN COUNTER- ‘‘6. MANUFACTURING REQUIREMENTS, (1) in subsection (a)— FEITING CASES. IMPORTATION, AND EXPORTATION ...... 601’’. (A) by striking ‘‘WHOEVER’’ and inserting Section 35(c) of the Trademark Act of 1946 TITLE II—ENHANCEMENTS TO CRIMINAL ‘‘OFFENSE.—’’ (15 U.S.C. 1117) is amended— INTELLECTUAL PROPERTY LAWS ‘‘(1) IN GENERAL.—Whoever;’’; (B) by moving the remaining text 2 ems to (1) in paragraph (1)— SEC. 201. CRIMINAL COPYRIGHT INFRINGEMENT. the right; and (A) by striking ‘‘$500’’ and inserting (a) FORFEITURE AND DESTRUCTION; RESTITU- (C) by adding at the end the following: ‘‘$1,000’’; and TION.—Section 506(b) of title 17, United ‘‘(2) SERIOUS BODILY HARM OR DEATH.— (B) by striking ‘‘$100,000’’ and inserting States Code, is amended to read as follows: ‘‘(A) SERIOUS BODILY HARM.—If the offender ‘‘$200,000’’; and ‘‘(b) FORFEITURE, DESTRUCTION, AND RES- knowingly or recklessly causes or attempts (2) in paragraph (2), by striking ‘‘$1,000,000’’ TITUTION.—Forfeiture, destruction, and res- to cause serious bodily injury from conduct and inserting ‘‘$2,000,000’’. titution relating to this section shall be sub- ject to section 2323 of title 18, to the extent in violation of paragraph (1), the penalty SEC. 105. IMPORTATION AND EXPORTATION. provided in that section, in addition to any shall be a fine under this title or imprison- ment for not more than 20 years, or both. (a) IN GENERAL.—The heading for chapter 6 other similar remedies provided by law.’’. ‘‘(B) DEATH.—If the offender knowingly or of title 17, United States Code, is amended to (b) SEIZURES AND FORFEITURES.— (1) REPEAL.—Section 509 of title 17, United recklessly causes or attempts to cause death read as follows: States Code, is repealed. from conduct in violation of paragraph (1), the penalty shall be a fine under this title or ‘‘CHAPTER 6—MANUFACTURING REQUIRE- (2) TECHNICAL AND CONFORMING AMEND- imprisonment for any term of years or for MENTS, IMPORTATION, AND EXPOR- MENT.—The table of sections for chapter 5 of life, or both.’’; and TATION’’. title 17, United States Code, is amended by striking the item relating to section 509. (2) by adding at the end the following: (b) AMENDMENT ON EXPORTATION.—Section SEC. 202. TRAFFICKING IN COUNTERFEIT LA- ‘‘(h) TRANSSHIPMENT AND EXPORTATION.— 602(a) of title 17, United States Code, is BELS, ILLICIT LABELS, OR COUN- No goods or services, the trafficking in of amended— TERFEIT DOCUMENTATION OR which is prohibited by this section, shall be (1) by redesignating paragraphs (1) through PACKAGING FOR WORKS THAT CAN transshipped through or exported from the (3) as subparagraphs (A) through (C), respec- BE COPYRIGHTED. United States. Any such transshipment or Section 2318 of title 18, United States Code, tively, and moving such subparagraphs 2 ems exportation shall be deemed a violation of is amended— to the right; section 42 of an Act to provide for the reg- (1) in subsection (a)— istration of trademarks used in commerce, (2) by striking ‘‘(a)’’ and inserting ‘‘(a) IN- (A) by redesignating subparagraphs (A) to carry out the provisions of certain inter- FRINGING IMPORTATION OR EXPORTATION.— through (G) as clauses (i) through (vii), re- national conventions, and for other purposes, ‘‘(1) IMPORTATION.—’’; spectively; (3) by striking ‘‘This subsection does not approved July 5, 1946 (commonly referred to (B) by redesignating paragraphs (1) and (2) apply to—’’ and inserting the following: as the ‘Trademark Act of 1946’ or the as subparagraphs (A) and (B), respectively; ‘Lanham Act’).’’. ‘‘(2) IMPORTATION OR EXPORTATION OF IN- and FRINGING ITEMS.—Importation into the (b) FORFEITURE AND DESTRUCTION OF PROP- (C) by striking ‘‘Whoever’’ and inserting United States or exportation from the ERTY; RESTITUTION.—Section 2320(b) of title ‘‘(1) Whoever’’; 18, United States Code, is amended to read as United States, without the authority of the (2) by amending subsection (d) to read as owner of copyright under this title, of copies follows: follows: ‘‘(b) FORFEITURE AND DESTRUCTION OF or phonorecords, the making of which either ‘‘(d) FORFEITURE AND DESTRUCTION OF constituted an infringement of copyright, or PROPERTY; RESTITUTION.—Forfeiture, de- PROPERTY; RESTITUTION.—Forfeiture, de- struction, and restitution relating to this which would have constituted an infringe- struction, and restitution relating to this ment of copyright if this title had been ap- section shall be subject to section 2323, to section shall be subject to section 2323, to the extent provided in that section, in addi- plicable, is an infringement of the exclusive the extent provided in that section, in addi- right to distribute copies or phonorecords tion to any other similar remedies provided tion to any other similar remedies provided by law.’’. under section 106, actionable under sections by law.’’; and 501 and 506. (3) by striking subsection (e) and redesig- SEC. 206. FORFEITURE, DESTRUCTION, AND RES- ‘‘(3) EXCEPTIONS.—This subsection does not nating subsection (f) as subsection (e). TITUTION. N ENERAL apply to—’’; SEC. 203. UNAUTHORIZED FIXATION. (a) I G .—Chapter 113 of title 18, (4) in paragraph (3)(A) (as redesignated by (a) Section 2319A(b) of title 18, United United States Code, is amended by adding at this subsection) by inserting ‘‘or expor- States Code, is amended to read as follows: the end the following: tation’’ after ‘‘importation’’; and ‘‘(b) FORFEITURE AND DESTRUCTION OF ‘‘SEC. 2323. FORFEITURE, DESTRUCTION, AND (5) in paragraph (3)(B) (as redesignated by PROPERTY; RESTITUTION.—Forfeiture, de- RESTITUTION. this subsection)— struction, and restitution relating to this ‘‘(a) CIVIL FORFEITURE.— (A) by striking ‘‘importation, for the pri- section shall be subject to section 2323, to ‘‘(1) PROPERTY SUBJECT TO FORFEITURE.— vate use of the importer’’ and inserting ‘‘im- the extent provided in that section, in addi- The following property is subject to for- portation or exportation, for the private use tion to any other similar remedies provided feiture to the United States Government: of the importer or exporter’’; and by law.’’. ‘‘(A) Any article, the making or trafficking (B) by inserting ‘‘or departing from the (b) Section 2319A(c) of title 18, United of which is, prohibited under section 506 of United States’’ after ‘‘United States’’. States Code, is amended by striking the sec- title 17, or section 2318, 2319, 2319A, 2319B, or (c) CONFORMING AMENDMENTS.—(1) Section ond sentence and inserting: ‘‘The Secretary 2320, or chapter 90, of this title. 602 of title 17, United States Code, is further of Homeland Security shall issue regulations ‘‘(B) Any property used, or intended to be by which any performer may, upon payment used, in any manner or part to commit or fa- amended— of a specified fee, be entitled to notification cilitate the commission of an offense re- (A) in the section heading, by inserting ‘‘or by United States Customs and Border Pro- ferred to in subparagraph (A). exportation’’ after ‘‘importation’’; and tection of the importation of copies or ‘‘(C) Any property constituting or derived (B) in subsection (b)— phonorecords that appear to consist of unau- from any proceeds obtained directly or indi- (i) by striking ‘‘(b) In a case’’ and inserting thorized fixations of the sounds or sounds rectly as a result of the commission of an of- ‘‘(b) IMPORT PROHIBITION.—In a case’’; and images of a live musical performance.’’. fense referred to in subparagraph (A). (ii) by striking ‘‘the United States Cus- ‘‘(2) PROCEDURES.—The provisions of chap- toms Service’’ and inserting ‘‘United States SEC. 204. UNAUTHORIZED RECORDING OF MO- TION PICTURES. ter 46 relating to civil forfeitures shall ex- Customs and Border Protection’’; and Section 2319B(b) of title 18, United States tend to any seizure or civil forfeiture under (iii) by striking ‘‘the Customs Service’’ and Code, is amended to read as follows: this section. For seizures made under this inserting ‘‘United States Customs and Bor- ‘‘(b) FORFEITURE AND DESTRUCTION OF section, the court shall enter an appropriate der Protection’’. PROPERTY; RESTITUTION.—Forfeiture, de- protective order with respect to discovery (2) Section 601(b)(2) of title 17, United struction, and restitution relating to this and use of any records or information that States Code, is amended by striking ‘‘the section shall be subject to section 2323, to has been seized. The protective order shall United States Customs Service’’ and insert- the extent provided in that section, in addi- provide for appropriate procedures to ensure ing ‘‘United States Customs and Border Pro- tion to any other similar remedies provided that confidential, private, proprietary, or tection’’. by law.’’. privileged information contained in such SEC. 205. TRAFFICKING IN COUNTERFEIT GOODS records is not improperly disclosed or used. (3) The item relating to chapter 6 in the OR SERVICES. At the conclusion of the forfeiture pro- table of chapters for title 17, United States (a) IN GENERAL.—Section 2320 of title 18, ceedings, unless otherwise requested by an Code, is amended to read as follows: United States Code, is amended— agency of the United States, the court shall

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00100 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.003 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22782 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 order that any property forfeited under para- (4) in subsection (d)(4), by inserting ‘‘is a issues of policy and interpretation, to the ex- graph (1) be destroyed, or otherwise disposed felony and’’ after ‘‘offense’’ the first place tent necessary to assure the coordination of of according to law. such term appears. intellectual property enforcement policy and ‘‘(b) CRIMINAL FORFEITURE.— SEC. 209. TECHNICAL AND CONFORMING AMEND- consistency with other law; ‘‘(1) PROPERTY SUBJECT TO FORFEITURE.— MENTS. (E) report to the President and report to The court, in imposing sentence on a person (a) AMENDMENTS TO TITLE 17, UNITED Congress, to the extent consistent with law, convicted of an offense under section 506 of STATES CODE.— regarding domestic and international intel- title 17, or section 2318, 2319, 2319A, 2319B, or (1) Section 109 (b)(4) of title 17, United lectual property enforcement programs; 2320, or chapter 90, of this title, shall order, States Code, is amended by striking ‘‘505, (F) report to Congress, as provided in sec- in addition to any other sentence imposed, and 509’’ and inserting ‘‘and 505’’. tion 304, on the implementation of the Joint that the person forfeit to the United States (2) Section 111 of title 17, United States Strategic Plan, and make recommendations, Government any property subject to for- Code, is amended— if any and as appropriate, to Congress for im- feiture under subsection (a) for that offense. (A) in subsection (b), by striking ‘‘and 509’’; provements in Federal intellectual property ‘‘(2) PROCEDURES.— (B) in subsection (c)— laws and enforcement efforts; and ‘‘(A) IN GENERAL.—The forfeiture of prop- (i) in paragraph (2), by striking ‘‘and 509’’; (G) carry out such other functions as the erty under paragraph (1), including any sei- (ii) in paragraph (3), by striking ‘‘sections President may direct. zure and disposition of the property and any 509 and 510’’ and inserting ‘‘section 510’’; and (2) LIMITATION ON AUTHORITY.—The IPEC related judicial or administrative pro- (iii) in paragraph (4), by striking ‘‘and sec- may not control or direct any law enforce- ceeding, shall be governed by the procedures tion 509’’; and ment agency, including the Department of set forth in section 413 of the Comprehensive (C) in subsection (e)— Justice, in the exercise of its investigative or Drug Abuse Prevention and Control Act of (i) in paragraph (1), by striking ‘‘sections prosecutorial authority. 1970 (21 U.S.C. 853), other than subsection (d) 509 and 510’’ and inserting ‘‘section 510’’; and (3) ADVISORY COMMITTEE.— of that section. (ii) in paragraph (2), by striking ‘‘and 509’’. (A) ESTABLISHMENT.—There is established (3) Section 115(c) of title 17, United States ‘‘(B) DESTRUCTION.—At the conclusion of an interagency intellectual property enforce- the forfeiture proceedings, the court, unless Code, is amended— ment advisory committee composed of the otherwise requested by an agency of the (A) in paragraph (3)(G)(i), by striking ‘‘and IPEC, who shall chair the committee, and United States shall order that any— 509’’; and the following members: ‘‘(i) forfeited article or component of an ar- (B) in paragraph (6), by striking ‘‘and 509’’. (i) Senate-confirmed representatives of the ticle bearing or consisting of a counterfeit (4) Section 119(a) of title 17, United States following departments and agencies who are Code, is amended— mark be destroyed or otherwise disposed of involved in intellectual property enforce- (A) in paragraph (6), by striking ‘‘sections according to law; and ment, and who are, or are appointed by, the 509 and 510’’ and inserting ‘‘section 510’’; ‘‘(ii) infringing items or other property de- respective heads of those departments and (B) in paragraph (7)(A), by striking ‘‘and scribed in subsection (a)(1)(A) and forfeited agencies: 509’’; under paragraph (1) of this subsection be de- (I) The Office of Management and Budget. (C) in paragraph (8), by striking ‘‘and 509’’; stroyed or otherwise disposed of according to (II) Relevant units within the Department and law. of Justice, including the Federal Bureau of (D) in paragraph (13), by striking ‘‘and Investigation and the Criminal Division. ‘‘(c) RESTITUTION.—When a person is con- 509’’. (III) The United States Patent and Trade- victed of an offense under section 506 of title (5) Section 122 of title 17, United States mark Office and other relevant units of the 17 or section 2318, 2319, 2319A, 2319B, or 2320, Code, is amended— Department of Commerce. or chapter 90, of this title, the court, pursu- (A) in subsection (d), by striking ‘‘and 509’’; ant to sections 3556, 3663A, and 3664 of this (B) in subsection (e), by striking ‘‘sections (IV) The Office of the United States Trade title, shall order the person to pay restitu- 509 and 510’’ and inserting ‘‘section 510’’; and Representative. tion to any victim of the offense as an of- (C) in subsection (f)(1), by striking ‘‘and (V) The Department of State, the United fense against property referred to in section 509’’. States Agency for International Develop- 3663A(c)(1)(A)(ii) of this title.’’. (6) Section 411(b) of title 17, United States ment, and the Bureau of International Nar- (b) TECHNICAL AND CONFORMING AMEND- Code, is amended by striking ‘‘sections 509 cotics Law Enforcement. MENT.—The table of sections for chapter 113 and 510’’ and inserting ‘‘section 510’’. (VI) The Department of Homeland Secu- of title 18, United States Code, is amended by (b) OTHER AMENDMENTS.—Section rity, United States Customs and Border Pro- adding at the end the following: 596(c)(2)(c) of the Tariff Act of 1950 (19 U.S.C. tection, and United States Immigration and ‘‘Sec. 2323. Forfeiture, destruction, and res- 1595a(c)(2)(c)) is amended by striking ‘‘or Customs Enforcement. titution.’’. 509’’. (VII) The Food and Drug Administration of TITLE III—COORDINATION AND STRA- the Department of Health and Human Serv- SEC. 207. FORFEITURE UNDER ECONOMIC ESPIO- ices. NAGE ACT. TEGIC PLANNING OF FEDERAL EFFORT (VIII) The Department of Agriculture. Section 1834 of title 18, United States Code, AGAINST COUNTERFEITING AND IN- (IX) Any such other agencies as the Presi- is amended to read as follows: FRINGEMENT dent determines to be substantially involved ‘‘SEC. 1834. CRIMINAL FORFEITURE. SEC. 301. INTELLECTUAL PROPERTY ENFORCE- MENT COORDINATOR. in the efforts of the Federal Government to ‘‘Forfeiture, destruction, and restitution combat counterfeiting and infringement. (a) INTELLECTUAL PROPERTY ENFORCEMENT relating to this chapter shall be subject to COORDINATOR.—The President shall appoint, (ii) The Register of Copyrights, or a senior section 2323, to the extent provided in that by and with the advice and consent of the representative of the United States Copy- section, in addition to any other similar Senate, an Intellectual Property Enforce- right Office appointed by the Register of remedies provided by law.’’. ment Coordinator (in this title referred to as Copyrights. SEC. 208. CRIMINAL INFRINGEMENT OF A COPY- the ‘‘IPEC’’) to serve within the Executive (B) FUNCTIONS.—The advisory committee RIGHT. Office of the President. As an exercise of the established under subparagraph (A) shall de- Section 2319 of title 18, United States Code, rulemaking power of the Senate, any nomi- velop the Joint Strategic Plan against coun- is amended— nation of the IPEC submitted to the Senate terfeiting and infringement under section (1) in subsection (b)(2)— for confirmation, and referred to a com- 303. (A) by inserting ‘‘is a felony and’’ after mittee, shall be referred to the Committee SEC. 302. DEFINITION. ‘‘offense’’ the first place such term appears; on the Judiciary. For purposes of this title, the term ‘‘intel- and (b) DUTIES OF IPEC.— lectual property enforcement’’ means mat- (B) by striking ‘‘paragraph (1)’’ and insert- (1) IN GENERAL.—The IPEC shall— ters relating to the enforcement of laws pro- ing ‘‘subsection (a)’’; (A) chair the interagency intellectual tecting copyrights, patents, trademarks, (2) in subsection (c)(2)— property enforcement advisory committee other forms of intellectual property, and (A) by inserting ‘‘is a felony and’’ after established under subsection (b)(3)(A); trade secrets, both in the United States and ‘‘offense’’ the first place such term appears; (B) coordinate the development of the abroad, including in particular matters re- and Joint Strategic Plan against counterfeiting lating to combating counterfeit and infring- (B) by striking ‘‘paragraph (1)’’ and insert- and infringement by the advisory committee ing goods. ing ‘‘subsection (a)’’; under section 303; (3) in subsection (d)(3)— (C) assist, at the request of the depart- SEC. 303. JOINT STRATEGIC PLAN. (A) by inserting ‘‘is a felony and’’ after ments and agencies listed in subsection (a) PURPOSE.—The objectives of the Joint ‘‘offense’’ the first place such term appears; (b)(3)(A), in the implementation of the Joint Strategic Plan against counterfeiting and in- and Strategic Plan; fringement that is referred to in section (B) by inserting ‘‘under subsection (a)’’ be- (D) facilitate the issuance of policy guid- 301(b)(1)(B) (in this section referred to as the fore the semicolon; and ance to departments and agencies on basic ‘‘joint strategic plan’’) are the following:

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00101 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.003 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22783 (1) Reducing counterfeit and infringing committee appointed under section 301(b)(3) With respect to such programs, the joint goods in the domestic and international sup- who are involved in intellectual property en- strategic plan shall— ply chain. forcement; and (1) seek to enhance the efficiency and con- (2) Identifying and addressing structural (2) may consult with private sector experts sistency with which Federal resources are weaknesses, systemic flaws, or other unjusti- in intellectual property enforcement in fur- expended, and seek to minimize duplication, fied impediments to effective enforcement therance of providing assistance to the mem- overlap, or inconsistency of efforts; action against the financing, production, bers of the advisory committee appointed (2) identify and give priority to those coun- trafficking, or sale of counterfeit or infring- under section 301(b)(3). tries where programs of training and tech- ing goods, including identifying duplicative (d) RESPONSIBILITIES OF OTHER DEPART- nical assistance can be carried out most ef- efforts to enforce, investigate, and prosecute MENTS AND AGENCIES.—In the development fectively and with the greatest benefit to re- intellectual property crimes across the Fed- and implementation of the joint strategic ducing counterfeit and infringing products in eral agencies and Departments that comprise plan, the heads of the departments and agen- the United States market, to protecting the the Advisory Committee and recommending cies identified under section 301(b)(3) shall— intellectual property rights of United States how such duplicative efforts may be mini- (1) designate personnel with expertise and persons and their licensees, and to pro- mized. Such recommendations may include experience in intellectual property enforce- tecting the interests of United States per- recommendations on how to reduce duplica- ment matters to work with the IPEC and sons otherwise harmed by violations of intel- tion in personnel, materials, technologies, other members of the advisory committee; lectual property rights in those countries; and facilities utilized by the agencies and and (3) in identifying the priorities under para- Departments responsible for the enforce- (2) share relevant department or agency in- graph (2), be guided by the list of countries ment, investigation, or prosecution of intel- formation with the IPEC and other members identified by the United States Trade Rep- lectual property crimes. of the advisory committee, including statis- resentative under section 182(a) of the Trade (3) Ensuring that information is identified tical information on the enforcement activi- Act of 1974 (19 U.S.C. 2242(a)); and and shared among the relevant departments ties of the department or agency against (4) develop metrics to measure the effec- and agencies, to the extent permitted by law, counterfeiting or infringement, and plans for tiveness of the Federal Government’s efforts including requirements relating to confiden- addressing the joint strategic plan, to the ex- to improve the laws and enforcement prac- tiality and privacy, and to the extent that tent permitted by law, including require- tices of foreign governments against coun- such sharing of information is consistent ments relating to confidentiality and pri- terfeiting and infringement. with Department of Justice and other law vacy, and to the extent that such sharing of (g) DISSEMINATION OF THE JOINT STRATEGIC enforcement protocols for handling such in- information is consistent with Department PLAN.—The joint strategic plan shall be formation, to aid in the objective of arrest- of Justice and other law enforcement proto- posted for public access on the website of the ing and prosecuting individuals and entities cols for handling such information. White House, and shall be disseminated to that are knowingly involved in the financ- (e) CONTENTS OF THE JOINT STRATEGIC the public through such other means as the ing, production, trafficking, or sale of coun- PLAN.—Each joint strategic plan shall in- IPEC may identify. terfeit or infringing goods. clude the following: SEC. 304. REPORTING. (4) Disrupting and eliminating domestic (1) A description of the priorities identified (a) ANNUAL REPORT.—Not later than De- and international counterfeiting and in- for carrying out the objectives in the joint cember 31 of each calendar year beginning in fringement networks. strategic plan, including activities of the 2009, the IPEC shall submit a report on the (5) Strengthening the capacity of other Federal Government relating to intellectual activities of the advisory committee during countries to protect and enforce intellectual property enforcement. the preceding fiscal year. The annual report property rights, and reducing the number of (2) A description of the means to be em- shall be submitted to Congress, and dissemi- countries that fail to enforce laws pre- ployed to achieve the priorities, including nated to the people of the United States, in venting the financing, production, traf- the means for improving the efficiency and the manner specified in subsections (b) and ficking, and sale of counterfeit and infring- effectiveness of the Federal Government’s (g) of section 303. ing goods. enforcement efforts against counterfeiting (b) CONTENTS.—The report required by this (6) Working with other countries to estab- and infringement. section shall include the following: lish international standards and policies for (3) Estimates of the resources necessary to (1) The progress made on implementing the the effective protection and enforcement of fulfill the priorities identified under para- strategic plan and on the progress toward intellectual property rights. graph (1). fulfillment of the priorities identified under (7) Protecting intellectual property rights (4) The performance measures to be used to section 303(e)(1). overseas by— monitor results under the joint strategic (2) The progress made in efforts to encour- (A) working with other countries and ex- plan during the following year. age Federal, State, and local government de- changing information with appropriate law (5) An analysis of the threat posed by vio- partments and agencies to accord higher pri- enforcement agencies in other countries re- lations of intellectual property rights, in- ority to intellectual property enforcement. lating to individuals and entities involved in cluding the costs to the economy of the (3) The progress made in working with for- the financing, production, trafficking, or United States resulting from violations of eign countries to investigate, arrest, and sale of counterfeit and infringing goods; intellectual property laws, and the threats prosecute entities and individuals involved (B) ensuring that the information referred to public health and safety created by coun- in the financing, production, trafficking, and to in subparagraph (A) is provided to appro- terfeiting and infringement. sale of counterfeit and infringing goods. priate United States law enforcement agen- (6) An identification of the departments (4) The manner in which the relevant de- cies in order to assist, as warranted, enforce- and agencies that will be involved in imple- partments and agencies are working to- ment activities in cooperation with appro- menting each priority under paragraph (1). gether and sharing information to strength- priate law enforcement agencies in other (7) A strategy for ensuring coordination en intellectual property enforcement. countries; and among the departments and agencies identi- (5) An assessment of the successes and (C) building a formal process for consulting fied under paragraph (6), which will facili- shortcomings of the efforts of the Federal with companies, industry associations, labor tate oversight by the executive branch of, Government, including departments and unions, and other interested groups in other and accountability among, the departments agencies represented on the committee es- countries with respect to intellectual prop- and agencies responsible for carrying out the tablished under section 301(b)(3). erty enforcement. strategy. (6) Recommendations, if any and as appro- (b) TIMING.—Not later than 12 months after (8) Such other information as is necessary priate, for any changes in enforcement stat- the date of the enactment of this Act, and to convey the costs imposed on the United utes, regulations, or funding levels that the not later than December 31 of every third States economy by, and the threats to public advisory committee considers would signifi- year thereafter, the IPEC shall submit the health and safety created by, counterfeiting cantly improve the effectiveness or effi- joint strategic plan to the Committee on the and infringement, and those steps that the ciency of the effort of the Federal Govern- Judiciary and the Committee on Appropria- Federal Government intends to take over the ment to combat counterfeiting and infringe- tions of the Senate, and to the Committee on period covered by the succeeding joint stra- ment and otherwise strengthen intellectual the Judiciary and the Committee on Appro- tegic plan to reduce those costs and counter property enforcement, including through the priations of the House of Representatives. those threats. elimination or consolidation of duplicative (c) RESPONSIBILITY OF THE IPEC.—During (f) ENHANCING ENFORCEMENT EFFORTS OF programs or initiatives. the development of the joint strategic plan, FOREIGN GOVERNMENTS.—The joint strategic (7) The progress made in strengthening the the IPEC— plan shall include programs to provide train- capacity of countries to protect and enforce (1) shall provide assistance to, and coordi- ing and technical assistance to foreign gov- intellectual property rights. nate the meetings and efforts of, the appro- ernments for the purpose of enhancing the (8) The successes and challenges in sharing priate officers and employees of departments efforts of such governments to enforce laws with other countries information relating to and agencies represented on the advisory against counterfeiting and infringement. intellectual property enforcement.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00102 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.003 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22784 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 (9) The progress made under trade agree- (2) in subsection (e)(1), relating to author- rial Justice Assistance Grant Program au- ments and treaties to protect intellectual ization of appropriations, by striking ‘‘fiscal thorized by subpart 1 of part E of title I of property rights of United States persons and years 2001 through 2004’’ and inserting ‘‘fiscal the Omnibus Crime Control and Safe Streets their licensees. years 2009 through 2013’’. Act of 1968 (42 U.S.C. 3750 et seq.). (10) The progress made in minimizing du- (b) GRANTS.—The Office of Justice Pro- (3) MATCHING FUNDS.—The Federal share of plicative efforts, materials, facilities, and grams of the Department of Justice may an IP–TIC grant may not exceed 50 percent procedures of the Federal agencies and De- make grants to eligible State or local law of the costs of the program or proposal fund- partments responsible for the enforcement, enforcement entities, including law enforce- ed by the IP–TIC grant. investigation, or prosecution of intellectual ment agencies of municipal governments and (4) AUTHORIZATION OF APPROPRIATIONS.— property crimes. public educational institutions, for training, (A) AUTHORIZATION.—There is authorized to (11) Recommendations, if any and as appro- prevention, enforcement, and prosecution of be appropriated to carry out this subsection priate, on how to enhance the efficiency and intellectual property theft and infringement the sum of $25,000,000 for each of fiscal years consistency with which Federal funds and re- crimes (in this subsection referred to as ‘‘IP– 2009 through 2013. sources are expended to enforce, investigate, TIC grants’’), in accordance with the fol- (B) LIMITATION.—Of the amount made or prosecute intellectual property crimes, in- lowing: available to carry out this subsection in any cluding the extent to which the agencies and (1) USE OF IP–TIC GRANT AMOUNTS.—IP–TIC fiscal year, not more than 3 percent may be Departments responsible for the enforce- grants may be used to establish and develop used by the Attorney General for salaries ment, investigation, or prosecution of intel- programs to do the following with respect to and administrative expenses. lectual property crimes have utilized exist- the enforcement of State and local true SEC. 402. IMPROVED INVESTIGATIVE AND FOREN- ing personnel, materials, technologies, and name and address laws and State and local SIC RESOURCES FOR ENFORCEMENT facilities. criminal laws on anti-infringement, anti- OF LAWS RELATED TO INTELLEC- TUAL PROPERTY CRIMES. SEC. 305. SAVINGS AND REPEALS. counterfeiting, and unlawful acts with re- (a) IN GENERAL.—Subject to the avail- (a) TRANSITION FROM NIPLECC TO IPEC.— spect to goods by reason of their protection ability of appropriations to carry out this (1) REPEAL OF NIPLECC.—Section 653 of the by a patent, trademark, service mark, trade secret, or other intellectual property right subsection, the Attorney General, in con- Treasury and General Government Appro- sultation with the Director of the Federal priations Act, 2000 (15 U.S.C. 1128) is repealed under State or Federal law: (A) Assist State and local law enforcement Bureau of Investigation, shall, with respect effective upon confirmation of the IPEC by to crimes related to the theft of intellectual agencies in enforcing those laws, including the Senate and publication of such appoint- property— by reimbursing State and local entities for ment in the Congressional Record. (1) ensure that there are at least 10 addi- expenses incurred in performing enforcement (2) CONTINUITY OF PERFORMANCE OF DU- tional operational agents of the Federal Bu- operations, such as overtime payments and TIES.—Upon confirmation by the Senate, and reau of Investigation designated to support storage fees for seized evidence. notwithstanding paragraph (1), the IPEC the Computer Crime and Intellectual Prop- (B) Assist State and local law enforcement may use the services and personnel of the erty Section of the Criminal Division of the agencies in educating the public to prevent, National Intellectual Property Law Enforce- Department of Justice in the investigation deter, and identify violations of those laws. ment Coordination Council, for such time as and coordination of intellectual property (C) Educate and train State and local law is reasonable, to perform any functions or crimes; enforcement officers and prosecutors to con- duties which in the discretion of the IPEC (2) ensure that any Computer Hacking and duct investigations and forensic analyses of are necessary to facilitate the orderly transi- Intellectual Property Crime Unit in the De- evidence and prosecutions in matters involv- tion of any functions or duties transferred partment of Justice is supported by at least ing those laws. from the Council to the IPEC pursuant to 1 agent of the Federal Bureau of Investiga- (D) Establish task forces that include per- any provision of this Act or any amendment tion (in addition to any agent supporting sonnel from State or local law enforcement made by this Act. such unit as of the date of the enactment of entities, or both, exclusively to conduct in- (b) CURRENT AUTHORITIES NOT AFFECTED.— this Act) to support such unit for the pur- vestigations and forensic analyses of evi- Except as provided in subsection (a), nothing pose of investigating or prosecuting intellec- dence and prosecutions in matters involving in this title shall alter the authority of any tual property crimes; those laws. department or agency of the United States (3) ensure that all Computer Hacking and (E) Assist State and local law enforcement (including any independent agency) that re- Intellectual Property Crime Units located at officers and prosecutors in acquiring com- lates to— an office of a United States Attorney are as- puter and other equipment to conduct inves- (1) the investigation and prosecution of signed at least 2 Assistant United States At- tigations and forensic analyses of evidence violations of laws that protect intellectual torneys responsible for investigating and in matters involving those laws. property rights; prosecuting computer hacking or intellec- (F) Facilitate and promote the sharing, (2) the administrative enforcement, at the tual property crimes; and with State and local law enforcement offi- borders of the United States, of laws that (4) ensure the implementation of a regular cers and prosecutors, of the expertise and in- protect intellectual property rights; or and comprehensive training program— formation of Federal law enforcement agen- (3) the United States trade agreements pro- (A) the purpose of which is to train agents cies about the investigation, analysis, and gram or international trade. of the Federal Bureau of Investigation in the prosecution of matters involving those laws (c) RULES OF CONSTRUCTION.—Nothing in investigation and prosecution of such crimes and criminal infringement of copyrighted this title— and the enforcement of laws related to intel- works, including the use of multijuris- (1) shall derogate from the powers, duties, lectual property crimes; and dictional task forces. and functions of any of the agencies, depart- (B) that includes relevant forensic training (2) ELIGIBILITY.—To be eligible to receive ments, or other entities listed or included related to investigating and prosecuting in- an IP–TIC grant, a State or local govern- under section 301(b)(3)(A); and tellectual property crimes. ment entity shall provide to the Attorney (2) shall be construed to transfer authority (b) ORGANIZED CRIME PLAN.—Subject to the regarding the control, use, or allocation of General, in addition to the information regu- availability of appropriations to carry out law enforcement resources, or the initiation larly required to be provided under the Fi- this subsection, and not later than 180 days or prosecution of individual cases or types of nancial Guide issued by the Office of Justice after the date of the enactment of this Act, cases, from the responsible law enforcement Programs and any other information re- the Attorney General, through the United department or agency. quired of Department of Justice’s grantees— States Attorneys’ Offices, the Computer SEC. 306. AUTHORIZATION OF APPROPRIATIONS. (A) assurances that the State in which the Crime and Intellectual Property section, and government entity is located has in effect (a) IN GENERAL.—There are authorized to the Organized Crime and Racketeering sec- be appropriated for each fiscal year such laws described in paragraph (1); tion of the Department of Justice, and in sums as may be necessary to carry out this (B) an assessment of the resource needs of consultation with the Federal Bureau of In- title. the State or local government entity apply- vestigation and other Federal law enforce- ing for the grant, including information on ment agencies, such as the Department of TITLE IV—DEPARTMENT OF JUSTICE the need for reimbursements of base salaries Homeland Security, shall create and imple- PROGRAMS and overtime costs, storage fees, and other ment a comprehensive, long-range plan to SEC. 401. LOCAL LAW ENFORCEMENT GRANTS. expenditures to improve the investigation, investigate and prosecute international or- (a) AUTHORIZATION.—Section 2 of the Com- prevention, or enforcement of laws described ganized crime syndicates engaging in or sup- puter Crime Enforcement Act (42 U.S.C. 3713) in paragraph (1); and porting crimes relating to the theft of intel- is amended— (C) a plan for coordinating the programs lectual property. (1) in subsection (b), by inserting after funded under this section with other feder- (c) AUTHORIZATION.—There are authorized ‘‘computer crime’’ each place it appears the ally funded technical assistance and training to be appropriated to carry out this section following: ‘‘, including infringement of copy- programs, including directly funded local $10,000,000 for each of fiscal years 2009 righted works over the Internet’’; and programs such as the Edward Byrne Memo- through 2013.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00103 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.003 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22785 SEC. 403. ADDITIONAL FUNDING FOR RESOURCES tions in which such agents were engaged, the (A) minimize duplicating the efforts, mate- TO INVESTIGATE AND PROSECUTE type of each action, the resolution of each rials, facilities, and procedures of any other INTELLECTUAL PROPERTY CRIMES action, and any penalties imposed in each ac- Federal agency responsible for the enforce- AND OTHER CRIMINAL ACTIVITY IN- tion. ment, investigation, or prosecution of intel- VOLVING COMPUTERS. (3) With respect to the training program lectual property crimes; and (a) ADDITIONAL FUNDING FOR RESOURCES.— authorized under section 402(a)(4), the num- (B) enhance the efficiency and consistency (1) AUTHORIZATION.—In addition to with which Federal funds and resources are amounts otherwise authorized for resources ber of agents of the Federal Bureau of Inves- expended to enforce, investigate, or pros- to investigate and prosecute intellectual tigation participating in such program, the ecute intellectual property crimes, including property crimes and other criminal activity elements of the training program, and the the extent to which the Department has uti- involving computers, there are authorized to subject matters covered by the program. lized existing personnel, materials, tech- be appropriated for each of the fiscal years (4) With respect to the organized crime plan authorized under section 402(b), the nologies, and facilities. 2009 through 2013— (b) INITIAL REPORT OF THE ATTORNEY GEN- (A) $10,000,000 to the Director of the Fed- number of organized crime investigations and prosecutions resulting from such plan. ERAL.—The first report required to be sub- eral Bureau of Investigation; and mitted by the Attorney General under sub- (B) $10,000,000 to the Attorney General for (5) With respect to the authorizations under section 403— section (a) shall include a summary of the ef- the Criminal Division of the Department of forts, activities, and resources the Depart- Justice. (A) the number of law enforcement officers hired and the number trained; ment of Justice has allocated in the 5 years (2) AVAILABILITY.—Any amounts appro- prior to the date of enactment of this Act, as priated under paragraph (1) shall remain (B) the number and type of investigations and prosecutions resulting from the hiring well as the 1-year period following such date available until expended. of enactment, to the enforcement, investiga- and training of such law enforcement offi- (b) USE OF ADDITIONAL FUNDING.—Funds tion, and prosecution of intellectual prop- cers; made available under subsection (a) shall be erty crimes, including— (C) the defendants involved in any such used by the Director of the Federal Bureau (1) a review of the policies and efforts of prosecutions; of Investigation and the Attorney General, the Department of Justice related to the pre- (D) any penalties imposed in each such suc- for the Federal Bureau of Investigation and vention and investigation of intellectual cessful prosecution; the Criminal Division of the Department of property crimes, including efforts at the Of- (E) the advanced tools of forensic science Justice, respectively, to— fice of Justice Programs, the Criminal Divi- (1) hire and train law enforcement officers procured to investigate, prosecute, and study sion of the Department of Justice, the Exec- to— computer hacking or intellectual property utive Office of United States Attorneys, the (A) investigate intellectual property crimes; and Office of the Attorney General, the Office of crimes and other crimes committed through (F) the number and type of investigations the Deputy Attorney General, the Office of the use of computers and other information and prosecutions in such tools were used. Legal Policy, and any other agency or bu- technology, including through the use of the (6) Any other information that the Attor- reau of the Department of Justice whose ac- Internet; and ney General may consider relevant to inform tivities relate to intellectual property; (B) assist in the prosecution of such Congress on the effective use of the resources (2) a summary of the overall successes and crimes; and authorized under sections 401, 402, and 403. failures of such policies and efforts; (2) enable relevant units of the Department (7) A summary of the efforts, activities, (3) a review of the investigative and pros- of Justice, including units responsible for in- and resources the Department of Justice has ecution activity of the Department of Jus- vestigating computer hacking or intellectual allocated to the enforcement, investigation, tice with respect to intellectual property property crimes, to procure advanced tools and prosecution of intellectual property crimes, including— of forensic science and expert computer fo- crimes, including— (A) the number of investigations initiated rensic assistance, including from non-gov- (A) a review of the policies and efforts of related to such crimes; ernmental entities, to investigate, pros- the Department of Justice related to the pre- (B) the number of arrests related to such ecute, and study such crimes. vention and investigation of intellectual crimes; and SEC. 404. ANNUAL REPORTS. property crimes, including efforts at the Of- (C) the number of prosecutions for such (a) REPORT OF THE ATTORNEY GENERAL.— fice of Justice Programs, the Criminal Divi- crimes, including— Not later than 1 year after the date of the sion of the Department of Justice, the Exec- (i) the number of defendants involved in enactment of this Act, and annually there- utive Office of United States Attorneys, the such prosecutions; after, the Attorney General shall submit a Office of the Attorney General, the Office of (ii) whether the prosecution resulted in a report to Congress on actions taken to carry the Deputy Attorney General, the Office of conviction; and out this title. The initial report required Legal Policy, and any other agency or bu- (iii) the sentence and the statutory max- under this subsection shall be submitted by reau of the Department of Justice whose ac- imum for such crime, as well as the average May 1, 2009. All subsequent annual reports tivities relate to intellectual property; sentence imposed for such crime; and shall be submitted by May 1st of each fiscal (B) a summary of the overall successes and (4) a Department-wide assessment of the year thereafter. The report required under failures of such policies and efforts; staff, financial resources, and other re- this subsection may be submitted as part of (C) a review of the investigative and pros- sources (such as time, technology, and train- the annual performance report of the Depart- ecution activity of the Department of Jus- ing) devoted to the enforcement, investiga- ment of Justice, and shall include the fol- tice with respect to intellectual property tion, and prosecution of intellectual prop- lowing: crimes, including— erty crimes, including the number of inves- (1) With respect to grants issued under sec- (i) the number of investigations initiated tigators, prosecutors, and forensic specialists tion 401, the number and identity of State related to such crimes; dedicated to investigating and prosecuting and local law enforcement grant applicants, (ii) the number of arrests related to such intellectual property crimes. the number of grants issued, the dollar value crimes; and (c) REPORT OF THE FBI.—Not later than 1 of each grant, including a break down of (iii) the number of prosecutions for such year after the date of the enactment of this such value showing how the recipient used crimes, including— Act, and annually thereafter, the Director of the funds, the specific purpose of each grant, (I) the number of defendants involved in the Federal Bureau of Investigation shall and the reports from recipients of the grants such prosecutions; submit a report to Congress on actions taken on the efficacy of the program supported by (II) whether the prosecution resulted in a to carry out this title. The initial report re- the grant. The Department of Justice shall conviction; and quired under this subsection shall be sub- use the information provided by the grant (III) the sentence and the statutory max- mitted by May 1, 2009. All subsequent annual recipients to produce a statement for each imum for such crime, as well as the average reports shall be submitted by May 1st of individual grant. Such statement shall state sentence imposed for such crime; and each fiscal year thereafter. The report re- whether each grantee has accomplished the (D) a Department-wide assessment of the quired under this subsection may be sub- purposes of the grant as established in sec- staff, financial resources, and other re- mitted as part of the annual performance re- tion 401(b). Those grantees not in compliance sources (such as time, technology, and train- port of the Department of Justice, and shall with the requirements of this title shall be ing) devoted to the enforcement, investiga- include— subject, but not limited to, sanctions as de- tion, and prosecution of intellectual prop- (1) a review of the policies and efforts of scribed in the Financial Guide issued by the erty crimes, including the number of inves- the Bureau related to the prevention and in- Office of Justice Programs at the Depart- tigators, prosecutors, and forensic specialists vestigation of intellectual property crimes; ment of Justice. dedicated to investigating and prosecuting (2) a summary of the overall successes and (2) With respect to the additional agents of intellectual property crimes. failures of such policies and efforts; the Federal Bureau of Investigation author- (8) A summary of the efforts, activities, (3) a review of the investigative and pros- ized under paragraphs (1) and (2) of section and resources that the Department of Jus- ecution activity of the Bureau with respect 402(a), the number of investigations and ac- tice has taken to— to intellectual property crimes, including—

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(5) terrorists and organized crime utilize ecutors, and forensic specialists dedicated to (c) REPORT.—Not later than 1 year after piracy, counterfeiting, and infringement to investigating and prosecuting intellectual the date of the enactment of this Act, the fund some of their activities; property crimes. Comptroller General shall submit to Con- (6) effective criminal enforcement of the (d) INITIAL REPORT OF THE FBI.—The first gress a report on the results of the study re- intellectual property laws against violations report required to be submitted by the Direc- quired under subsection (a). in all categories of works should be among tor of the Federal Bureau of Investigation SEC. 502. GAO AUDIT AND REPORT ON NON- the highest priorities of the Attorney Gen- under subsection (c) shall include a summary DUPLICATION AND EFFICIENCY. eral; of the efforts, activities, and resources the Not later than 2 years after the date of en- (7) with respect to all crimes related to the Federal Bureau of Investigation has allo- actment of this Act, the Comptroller General theft of intellectual property, the Attorney cated in the 5 years prior to the date of en- shall conduct an audit and submit a report General shall give priority to cases with a actment of this Act, as well as the 1-year pe- to the Committee on the Judiciary of the nexus to terrorism and organized crime; and riod following such date of enactment to the Senate and to the Committee on the Judici- (8) with respect to criminal counterfeiting enforcement, investigation, and prosecution ary of the House of Representatives on— and infringement of computer software, in- of intellectual property crimes, including— (1) the efforts, activities, and actions of the cluding those by foreign-owned or foreign- (1) a review of the policies and efforts of Intellectual Property Enforcement Coordi- controlled entities, the Attorney General the Bureau related to the prevention and in- nator and the Attorney General in achieving should give priority to cases— vestigation of intellectual property crimes; the goals and purposes of this Act, as well as (A) involving the willful theft of intellec- (2) a summary of the overall successes and in carrying out any responsibilities or duties tual property for purposes of commercial ad- failures of such policies and efforts; assigned to each such individual or agency vantage or private financial gain; (3) a review of the investigative and pros- under this Act; (B) where the theft of intellectual property ecution activity of the Bureau with respect (2) any possible legislative, administrative, is central to the sustainability and viability to intellectual property crimes, including— or regulatory changes that Comptroller Gen- of the commercial activity of the enterprise (A) the number of investigations initiated eral recommends be taken by or on behalf of (or subsidiary) involved in the violation; related to such crimes; the Intellectual Property Enforcement Coor- (C) where the counterfeited or infringing (B) the number of arrests related to such dinator or the Attorney General to better goods or services enables the enterprise to crimes; and achieve such goals and purposes, and to more unfairly compete against the legitimate (C) the number of prosecutions for such effectively carry out such responsibilities rights holder; or crimes, including— and duties; (D) where there is actual knowledge of the (i) the number of defendants involved in (3) the effectiveness of any actions taken theft of intellectual property by the direc- such prosecutions; and efforts made by the Intellectual Prop- tors or officers of the enterprise. (ii) whether the prosecution resulted in a erty Enforcement Coordinator and the At- The SPEAKER pro tempore. Pursu- torney General to— conviction; and ant to the rule, the gentleman from (iii) the sentence and the statutory max- (A) minimize duplicating the efforts, mate- imum for such crime, as well as the average rials, facilities, and procedures of any other Michigan (Mr. CONYERS) and the gen- sentence imposed for such crime; and Federal agency responsible for the enforce- tleman from Texas (Mr. SMITH) each (4) a Bureau-wide assessment of the staff, ment, investigation, or prosecution of intel- will control 20 minutes. financial resources, and other resources lectual property crimes; and The Chair recognizes the gentleman (such as time, technology, and training) de- (B) enhance the efficiency and consistency from Michigan. voted to the enforcement, investigation, and with which Federal funds and resources are GENERAL LEAVE prosecution of intellectual property crimes, expended to enforce, investigate, or pros- including the number of investigators, pros- ecute intellectual property crimes, including Mr. CONYERS. Mr. Speaker, I ask ecutors, and forensic specialists dedicated to whether the IPEC has utilized existing per- unanimous consent that all Members investigating and prosecuting intellectual sonnel, materials, technologies, and facili- have 5 legislative days to revise and ex- property crimes. ties, such as the National Intellectual Prop- tend their remarks and include extra- TITLE V—MISCELLANEOUS erty Rights Coordination Center established neous material. at the Department of Homeland Security; SEC. 501. GAO STUDY ON PROTECTION OF INTEL- The SPEAKER pro tempore. Is there LECTUAL PROPERTY OF MANUFAC- and objection to the request of the gen- TURERS. (4) any actions or efforts that the Comp- tleman from Michigan? (a) STUDY.—The Comptroller General of troller General recommends be taken by or There was no objection. the United States shall conduct a study to on behalf of the Intellectual Property En- forcement Coordinator and the Attorney Mr. CONYERS. Mr. Speaker, I yield help determine how the Federal Government myself such time as I may consume could better protect the intellectual prop- General to reduce duplication of efforts and erty of manufacturers by quantification of increase the efficiency and consistency with S. 3325 is an important bill that pro- the impacts of imported and domestic coun- which Federal funds and resources are ex- vides resources and enhanced enforce- terfeit goods on— pended to enforce, investigate, or prosecute ment to combat intellectual property (1) the manufacturing industry in the intellectual property crimes. crimes. United States; and SEC. 503. SENSE OF CONGRESS. On May 8 of this year, the House (2) the overall economy of the United It is the sense of Congress that— passed H.R. 4279, the PRO-IP Act, by a States. (1) the United States intellectual property vote of 410–11. The Senate has returned (b) CONTENTS.—In conducting the study re- industries have created millions of high- the bill and made modifications. quired under subsection (a), the Comptroller skill, high-paying United States jobs and pay General shall examine— billions of dollars in annual United States I think this bill retains most of the (1) the extent that counterfeit manufac- tax revenues; most basic and fundamental reforms tured goods are actively being trafficked in (2) the United States intellectual property that we accomplished, including and imported into the United States; industries continue to represent a major changes to civil and criminal IP laws

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that will afford rights holders more fornia (Mr. BERMAN), who chairs the COBLE, Mr. SMITH, who is a great part- protection and the enhancements in subcommittee; and our chairman, the nership, and for working to develop and penalties for IP violators who endanger distinguished gentleman from Michi- pass this bill, and to thank Senator public health and safety. gan, for all the work that they have de- LEAHY and his staff for their efforts I reserve the balance of my time. voted to this matter and for their tire- and urge my colleagues to support this Mr. SMITH of Texas. Mr. Speaker, I less leadership in leading the fight important legislation. yield 5 minutes to my friend and col- against counterfeiting in the Congress Mr. SMITH of Texas. Mr. Chairman, I league from North Carolina (Mr. for many years. yield 2 minutes to the gentleman from COBLE), a former chairman of the Intel- I urge all Members to support S. 3325, Utah (Mr. CANNON), a former chairman lectual Property Subcommittee of the and I thank the Speaker and I thank of the Commercial and Administrative Judiciary Committee and now the the gentleman from Texas. Law Subcommittee and now the rank- ranking member of that subcommittee. Mr. CONYERS. I yield Chairman ing member of that subcommittee. Mr. COBLE. Mr. Speaker, I thank the HOWARD BERMAN from California as Mr. CANNON. Mr. Speaker, I thank distinguished gentleman from Texas, much time as he may consume. the ranking member. and I doubt that I will use 5 minutes Mr. BERMAN. Mr. Speaker, I very I rise in opposition to this bill. A but I thank Mr. SMITH. much thank the chairman for yielding similar bill passed under suspension by I rise, Mr. Speaker, in support of S. and for all the work that he has done about a vote of 410–11, and I was one of 3325. to bring this bill to this point. the people that voted for the bill at Every year our economy loses an ex- I rise in support of S. 3325, which is that time. The bill went over to the cess of $200 billion to counterfeiting. the Senate’s companion bill to the Senate. The Senate has amended the This has directly impacted many chairman’s and a number of us, our bill. American businesses and also cost our bill, H.R. 4279, which passed the House The underlying bill I think is actu- country countless jobs. Today, coun- overwhelmingly by a 410–11 vote on ally a very good bill. It’s a very impor- terfeiting has grown into a global and May 6, 2008. S. 3325, like H.R. 4279, tant bill. We need to do something with illicit black market trade. makes necessary changes to our intel- it. But the bill that has come back is S. 3325 will help our government ad- lectual property laws, improves coordi- dramatically different from the bill dress counterfeiting from two perspec- nation of our intellectual property en- that went over to the Senate. tives. First, from an organizational forcement efforts, and devotes more re- My understanding is that the Senate perspective, it creates an Intellectual sources to tackling the scourge of in- has included in this bill the power for Property Enforcement Coordinator in tellectual property crime. Federal law enforcement agencies to the Executive Office of the President The proliferation of intellectual seize equipment that may be used in to oversee interagency anticounter- property crime has had a disastrous violation of the act. And what that feiting efforts. This person will be re- impact on our economy and on public means is, if you have got a kid who sponsible for making intellectual prop- health and safety. Counterfeit and pi- downloads music improperly, your erty rights a priority for every arm of rated products may account for up to computer may be seized. I’m not ex- our government and ensuring that gov- 10 percent of the world’s trade, and a actly sure what the scope of that sei- ernment works efficiently to unearth significant portion of these are Amer- zure is, but that’s in part because this counterfeit goods and apprehend dis- ican products. Conservative estimates is a gerrymandered piece of this bill tributors. indicate that U.S. business loses up to that was added to an underlying bill Second, from an enforcement per- $250 billion a year—I know these days that was coherent and integrated and spective, it authorizes funding for $250 billion isn’t that much, but it’s a would have worked very, very well. State and local anticounterfeiting ef- serious amount—due to intellectual As it is, I have to rise in opposition forts and for the Justice Department to property theft. to this, what I think of as an extraor- create and implement a long range This level of counterfeiting and pi- dinary assertion of Federal authority anticounterfeiting enforcement plan racy translates to job losses, lower tax over what we do with our personal lives and provides new resources for IP and receipts, and greater trade deficits. and our computers and our equipment. computer-related criminal prosecu- Public health and safety is threatened That is not to condone, by any tions and investigations by the Depart- by inferior and dangerous knockoffs, stretch of the imagination, the im- ment of Justice and the FBI. such as exploding batteries, toxic phar- proper use of copyrighting material, The version of the PRO-IP bill that maceuticals, and sawdust brake pads. but to say, rather, that this bill, in its was written by the House Judiciary In response to the grave threat of in- current form, has gone too far in that Committee and passed this body by an tellectual property theft and the threat regard. overwhelming bipartisan vote of 410–11 that poses to the U.S. economy and the And so I oppose the bill, and I ask in May contained a number of new ini- health and safety of our citizens, the that my colleagues take a look at it tiatives and authorities that I would House passed the PRO-IP bill. and consider it and consider opposing have preferred to see included in this The bill strengthened our civil and this bill, along with me, because of the bill. That said, the glass is by no means criminal laws in ways that attack the overreach that has happened here. half empty. Its enactment will help our organizational structures intellectual I might note this seems like this hap- law enforcement agencies better de- property thieves use and that reduce pened about 8 years ago where the Sen- tect, prosecute, and deter counter- the economic incentives thieves have ate added a provision to one of the ap- feiters. to engage in commercial-scale counter- propriations bills that would have al- I cannot convey the full implications feiting and piracy. It devoted more re- lowed the recording industry to spike, that counterfeit goods have had on my sources to investigating and pros- that is, to put a virus on the computer congressional district, which is home ecuting intellectual property crimes of the user on which downloaded music to the furniture capital of the world. and to working with other govern- resided. We pride ourselves on workmanship ments to improve intellectual property and quality, but even the furniture enforcement aboard. b 1730 market is vulnerable to knockoffs and Following our lead, the Senate That was inappropriate. We worked counterfeits. passed S. 3325, which provides many of on this side to stop that, and I think The enactment of S. 3325 is an impor- the same reforms called for in H.R. we should stop that here with this bill tant step in our government improving 4279. now. our response to this illicit trade. I I just want to close by thanking very Mr. CONYERS. Mr. Speaker, I yield thank the distinguished gentleman much Chairman CONYERS, his staff, the as much time as she may consume to from Texas, the ranking member; the subcommittee staff for all the work the chairwoman of the California dele- distinguished gentleman from Cali- they put into it, the minority staff, Mr. gation, ZOE LOFGREN.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00106 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.003 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22788 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 Ms. ZOE LOFGREN of California. Mr. fraud or any other matter. We wouldn’t tect IP than ever before, the reality is Speaker, I rise in opposition to this permit that, and we should not permit that we must do even more if we are to bill. it in this case. increase the cost of doing business for While we do need to focus our efforts I urge that we defeat this bill. And counterfeiters and traffickers, some of to combat criminal activity related to although there are some provisions in whom are connected to organized intellectual property, the unbounded it that are meritorious, there is con- crime. forfeiture provision in this bill isn’t sensus for those, we can certainly With competing priorities and lim- about going after criminals, it’s about adopt them next year. I urge defeat and ited resources, our government agen- going after the Internet. yield back to the chairman with cies must work in a cooperative and co- The language in the House bill, the thanks. ordinated fashion to leverage our IP bill that we sent over, although prob- Mr. SMITH of Texas. Mr. Speaker, I enforcement efforts. By statutorily ele- lematic in some ways, at least had yield myself such time as I may con- vating these issues to the White House some measures to ensure that there sume. level and requiring the continuous and was a meaningful connection between Mr. Speaker, the principal purpose of systematic development of an unprece- the property subject to seizure and the S. 3325, the Prioritizing Resources and dented national strategy to target IP underlying offense. This bill, back from Organization for Intellectual Property theft, the PRO-IP Act represents an the Senate, strips away those assur- Act of 2008, or PRO-IP Act, is to im- important first step towards ensuring ances. It subjects to seizure ‘‘any prop- prove the government’s response to the our government agencies work effi- erty used, or intended to be used, in threats posed by counterfeiting and pi- ciently and in concert to develop a any manner or part to commit or fa- racy. joint response to this pervasive threat. cilitate the commission of an offense.’’ At the outset, I want to recognize Congress has a duty to ensure that IP That unqualified language means that Chairman CONYERS, IP Subcommittee enforcement is made a permanent pri- virtually anything through which Chairman BERMAN, and IP Sub- ority of every administration. This Internet traffic passes is subject to sei- committee Ranking Member COBLE, measure, while not containing all of zure, no matter how incidental the con- each of whom helped to advance the the provisions that were in the House nection to the offense or how innocent House version of this legislation, H.R. measure, is a first step towards achiev- the owner. 4279, which passed the House in May by ing our goals. This provision shifts the liability for an overwhelming vote of 410–11. By supporting S. 3325, the House will infringement—and thus responsibility I also want to say at this point that send a clear message to the White from enforcement—onto innocent I happen to agree with the concerns ex- House and future administrations that intermediaries, whether they are ISPs, pressed by the gentleman from North there is a bipartisan and bicameral businesses, schools, libraries, or con- Carolina (Mr. COBLE) and the gentle- commitment to the protection of our sumers. We have seen this before this woman from California (Ms. ZOE vital national and economic interests. year and will likely see it again as LOFGREN). And while I agree with their So I urge my colleagues to support S. time goes on. We saw the same type of concerns, particularly their objection 3325. provisions—although not as wildly ex- to the provision that was changed by travagant—in the Higher Education the other body, I am still going to sup- Ms. JACKSON-LEE of Texas. Mr. Speaker, Act, even after colleges told us it port this legislation as it stands and I rise in strong support S. 3325, the would divert resources from their pri- hope to make a change in the future ‘‘Prioritizing Resources and Organization for mary mission of education. We’re see- that will address their concerns. Intellectual Property (PRO–IP) Act of 2007.’’ I ing it in the secret negotiations on the Over the past 25 years, perhaps no was a co-sponsor of this legislation when it Anti-Counterfeiting Trade Agreement group of industries has been more re- was introduced before the House as H.R. that apparently is going to, in some sponsible for the sustained growth in 4789, and I urge my colleagues to join me in manner, require ISPs to police the con- our economy than those who rely on voting in support of this legislation. I am con- duct of their users, potentially in vio- strong patent, trademark and copy- fident that this bill can address and strengthen lation of their privacy rights. right protections. Today, our tech- criminal and civil enforcement of United States I understand why the content indus- nology, entertainment, and produc- intellectual property law. try pushes for these measures. They’re tivity-based enterprises stand as pillars The purpose of the Senate bill is to trying to protect an analog business of our economic and export strength. strengthen criminal and civil enforcement of model in the digital environment, and They employ 18 million Americans and United States intellectual property law focus- that’s difficult and expensive; and account for 40 percent of our economic ing, in particular, on copyright violations (pi- treating one’s customers like criminals growth. racy) and trademark violations (counterfeiting). is bad for PR. Accordingly, the content The successes of our IP rights-hold- In addition, the PRO–IP Act seeks to mod- industry has every incentive to make ers—family-owned small businesses and ernize and improve U.S. government efforts others do the work for it. Fortune 500 companies alike—make for coordination and enforcement of our na- What I don’t understand is why Con- them prime targets for international tion’s IP laws. gress goes along with these proposals. pirates and counterfeiters. According The knowledge and innovation of American With each successive Congress, copy- to the U.S. Department of Justice, this citizens contributes significantly to the eco- right law and policy becomes less of a criminal activity costs U.S. citizens up nomic strength of our nation. Intellectual prop- balanced system of rights to promote to $250 billion every year, and has con- erty law provides the principle incentives that creativity and innovation and more of tributed to the loss of up to 750,000 are calculated to lead to the creation and pro- a set of tools by which certain cor- jobs. duction of new works. This bill is needed be- porate interests protect themselves. The PRO-IP Act is a measure that is cause the effect of piracy and counterfeiting In our unbridled zeal for IP enforce- designed to respond to these chal- on the economy is devastating. Total global ment and utter indifference to the lenges. The bill contains provisions losses to United States companies from coun- rights of users and consumers, we are that; one, strengthen our laws against terfeiting and copyright piracy amount to $250 losing sight of the underlying prin- counterfeiting and piracy; two, provide billion per year. Every company in every in- ciples of our copyright system. This new resources to key agencies involved dustry is vulnerable. bill takes us further away from those in the enforcement of IP rights; and Because these illegal activities represent a principles. And I would add that I can’t three, require a new and unprecedented growing public health, safety and law enforce- think of a single other circumstance level of coordination and leadership on ment problem, S. 3325 provides additional tar- where civil libertarians would even IP enforcement issues from the White geted resources for investigation, enforcement consider the concept of seizing the House. and prosecution; requires the development property of innocent bystanders in any Mr. Speaker, while our government and promulgation of a national Joint Strategic other legal scheme, whether it was agencies are doing more today to pro- Plan to combat counterfeiting and piracy; and

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00107 Fmt 0688 Sfmt 9920 E:\BR08\H27SE8.004 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22789 provides for enhanced Presidential level lead- Prioritizing Resources and Organization for In- Chair’s prior announcement, further ership and coordination among federal agen- tellectual Property Act of 2008. This critical proceedings on this motion will be cies involved with preserving and protecting legislation will not only provide more resources postponed. intellectual property rights. for law enforcement to enforce existing copy- The point of no quorum is considered Title I of S. 3325 provides enhancements to right laws, it will also promote better coordina- withdrawn. civil intellectual property laws. Specifically, tion of U.S. intellectual property policy in the f Title I makes it clear that a certificate of reg- executive branch. KEEPING THE INTERNET DEVOID istration will satisfy registration requirements These are two important policy goals for my OF SEXUAL PREDATORS ACT OF regardless of whether there is any inaccurate constituents in Tennessee’s 7th District. Ten- 2008 information on the registration application, un- nessee’s economic engine is built upon the less the inaccurate information was included strength of the creative community’s intellec- Mr. CONYERS. Mr. Speaker, I ask with knowledge that it was inaccurate. tual property, and industries from auto manu- unanimous consent to take from the Title I also broadens the civil remedies for facturing, film and entertainment, recording Speaker’s table the Senate bill (S. 431) infringement by broadening the scope of arti- arts, and live performance depend ont he Fed- to require convicted sex offenders to cles that may be ordered impounded by the eral government enforcing their property register online identifiers, and for court upon a finding that the article was made rights. other purposes, and ask for its imme- or used in violation of a copyright. This Title The music industry in Nashville and Mem- diate consideration in the House. also directs the court to enter a protective phis alone accounts for nearly $7 billion in The Clerk read the title of the Senate order to ensure that confidential information is economic impact per year, and create than bill. not improperly disclosed. 20,000 jobs. Film, television, and cable broad- The SPEAKER pro tempore. Is there Title II provides enhancements to criminal casting account for bills more. In 2004, for ex- objection to the request of the gen- intellectual property laws by addressing repeat ample, the Oscar-winning film Walk the Line tleman from Michigan? offender penalties for criminal acts contained shot for over 45 days in Memphis and Nash- There was no objection. within the criminal copyright statute. Title II ville, generating between $18 and $20 million The text of the Senate bill is as fol- clarifies that a repeat offender is a person that in economic impact for the local economy, and lows: commits the same criminal act twice. The bill hundreds of high paying jobs. And before Nis- S. 431 clarifies that any property subject to forfeiture san moved its North American headquarters to Be it enacted by the Senate and House of Rep- must be owned or predominantly controlled by the Nashville area, Tennessee was already resentatives of the United States of America in the violator in order to be seized and directs home to nearly 1000 auto-related manufactur- Congress assembled, the United States Sentencing Commission to ers, 159,000 jobs, and a payroll of over $6.6 SECTION 1. SHORT TITLE. consider whether the sentencing guidelines billion. This Act may be cited as the ‘‘Keeping the should be expanded to include the export of These industries are based on the develop- Internet Devoid of Sexual Predators Act of infringing items. There are enhanced max- ment, nourishment, and incubation of intellec- 2008’’ or the ‘‘KIDS Act of 2008’’. imum statutory penalties for counterfeit of- tual ideas before they evolve into marketable SEC. 2. REGISTRATION OF ONLINE IDENTIFIERS OF SEX OFFENDERS. fenses that endanger public health and safety. products. This process is not free, and instead (a) IN GENERAL.—Section 114(a) of the Sex Title III of S. 3325 provides greater coordi- dependent on an implicit understanding that Offender Registration and Notification Act nation and strategic planning of federal efforts appropriate compensation will result from in- (42 U.S.C. 16914(a)) is amended— against counterfeiting and piracy. Specifically, vestment and hard work. (1) by redesignating paragraphs (4) through this Title establishes within the Executive Of- Unfortunately, these industries are suffering (7) as paragraphs (5) through (8); and fice of the President, the Office of the United from rampant theft of their intellectual property (2) by inserting after paragraph (3) the fol- States Intellectual Property Enforcement Rep- online, and in marketplaces around the world lowing: resentative and, within that Office, the United to the tune of $58 billion each year. The Insti- ‘‘(4) Any electronic mail address or other States Intellectual Property Enforcement Rep- tute for Policy Innovation estimates intellectual designation the sex offender uses or will use for self-identification or routing in Internet resentative, appointed by the President of the property theft and copyright infringement costs communication or posting.’’. United States. Lastly, Titles IV and V provide American workers 373,375 jobs per year, (b) UPDATING OF INFORMATION.—Section international enforcement, national, and local $16.3 billion in earnings, and $2.6 billion in tax 113(c) of the Sex Offender Registration and enforcement. revenue for governments at every level. Notification Act (42 U.S.C. 16913(c)) is While I supported the House version of the These statistics are alarming and unaccept- amended by adding at the end the following: bill and I support this Senate version, I would able, but demonstrate the U.S. must continue ‘‘The Attorney General shall have the au- like to consider ways to ensure diversity in the a vigilant effort to increase enforcement ef- thority to specify the time and manner for Computer Hacking and Intellectual Property forts. S. 3325 would provide the Federal gov- reporting of other changes in registration in- formation, including any addition or change (CHIPs) units that are established by this bill. ernment with new tools and information shar- of an electronic mail address or other des- I would like to work to ensure that minorities ing capabilities consistent with this important ignation used for self-identification or rout- be represented in the hiring and that special goal, and I urge all my colleagues to support ing in Internet communication or posting.’’. recruitment initiatives be launched at histori- it. (c) FAILURE TO REGISTER ONLINE IDENTI- cally black colleges and universities and other Mr. SMITH of Texas. Mr. Speaker, I FIERS.—Section 2250 of title 18, United States minority serving institutions. We should do all yield back the balance of my time. Code, is amended— within our efforts to guarantee that minorities Mr. CONYERS. Mr. Speaker, I yield (1) in subsection (b), by inserting ‘‘or (d)’’ receive the necessary training and be re- back the balance of my time. after ‘‘subsection (a)’’; and (2) by adding at the end the following: cruited to help in the IP enforcement at the The SPEAKER pro tempore. The ‘‘(d) KNOWING FAILURE TO REGISTER ONLINE question is on the motion offered by Executive, State, and local levels. IDENTIFIERS.—Whoever— Simply, Mr. Speaker, S. 3325 is a first step the gentleman from Michigan (Mr. ‘‘(1) is required to register under the Sex toward the promotion of the American econ- CONYERS) that the House suspend the Offender Registration and Notification Act omy. It ensures that American innovation will rules and pass the Senate bill, S. 3325. (42 U.S.C. 16901 et seq.); and remain crucial to the United States economy The question was taken. ‘‘(2) uses an email address or any other des- and that American innovation will allow the The SPEAKER pro tempore. In the ignation used for self-identification or rout- United States to remain a global economic opinion of the Chair, two-thirds being ing in Internet communication or posting power. Indeed, this bill ensures that the United in the affirmative, the ayes have it. which the individual knowingly failed to Mr. CONYERS. Mr. Speaker, I object provide for inclusion in a sex offender reg- States IP laws are enforced and that the istry as required under that Act; American intellectual property system remains to the vote on the ground that a quorum is not present and make the shall be fined under this title or imprisoned one of the best in the world. not more than 10 years, or both.’’. I urge all members to support this much point of order that a quorum is not (d) CONFORMING AMENDMENT; DIRECTIVE TO needed and thoughtful legislation. present. UNITED STATES SENTENCING COMMISSION.— Mrs. BLACKBURN. Mr. Speaker, I rise The SPEAKER pro tempore. Pursu- Section 141(b) of the Adam Walsh Child Pro- today in strong support for S. 3325, the ant to clause 8 of rule XX and the tection and Safety Act of 2006 (Public Law

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109–248; 120 Stat. 602) is amended by striking ‘‘(A) NO PUBLIC RELEASE.—Neither the At- ‘‘(15) The term ‘social networking website’ ‘‘offense specified in subsection (a)’’ and in- torney General nor a social networking means an Internet website that— serting ‘‘offenses specified in subsections (a) website approved to use the system estab- ‘‘(A) allows users, through the creation of and (d) of section 2250 of title 18, United lished under paragraph (1) may release to the web pages or profiles or by other means, to States Code’’. public any list of the e-mail addresses or provide information about themselves that is SEC. 3. CHECKING OF ONLINE IDENTIFIERS other designations used for self-identifica- available publicly or to other users; and AGAINST SEX OFFENDER REGISTRA- tion or routing in Internet communication ‘‘(B) offers a mechanism for communica- TION INFORMATION. or posting of sex offenders contained in the tion with other users. (a) PUBLIC ACCESS.—Section 118(b) of the system. ‘‘(16) The term ‘Internet’ has the meaning Sex Offender Registration and Notification ‘‘(B) ADDITIONAL LIMITATIONS.—The Attor- given that term in section 1101 of the Inter- Act (42 U.S.C. 16918(b)) is amended— ney General shall limit the release of infor- net Tax Freedom Act (47 U.S.C. 151 note). (1) in paragraph (3), by striking ‘‘and’’ at mation obtained through the use of the sys- ‘‘(17) The term ‘electronic mail address’ the end; tem established under paragraph (1) by social has the meaning given that term in section (2) by redesignating paragraph (4) as para- networking websites approved to use such 3 of the Controlling the Assault of Non-Solic- graph (5); and system. ited Pornography and Marketing Act of 2003 (3) by inserting after paragraph (3) the fol- ‘‘(C) STRICT ADHERENCE TO LIMITATION.— (15 U.S.C. 7702).’’. lowing: The use of the system established under SEC. 5. CRIMINALIZATION OF AGE MISREPRESEN- ‘‘(4) any electronic mail address or des- paragraph (1) by a social networking website TATION IN CONNECTION WITH ON- ignation used for self-identification or rout- shall be conditioned on the website’s agree- LINE SOLICITATION OF A MINOR. ing in Internet communication or posting; ment to observe the limitations required Section 2422 of title 18, United States Code, and’’. under this paragraph. is amended by adding at the end the fol- (b) ONLINE IDENTIFIER CHECKING SYSTEM ‘‘(D) RULE OF CONSTRUCTION.—This sub- lowing: FOR SOCIAL NETWORKING WEBSITES.—Section section shall not be construed to limit the ‘‘(c) MISREPRESENTATION OF AGE.—Whoever 121 of the Sex Offender Registration and No- authority of the Attorney General under any knowingly misrepresents his or her age using tification Act (42 U.S.C. 16921) is amended by other provision of law to conduct or to allow the Internet or any other facility or means adding at the end the following: searches or checks against sex offender reg- of interstate or foreign commerce or the ‘‘(d) CHECKING SYSTEM FOR SOCIAL NET- istration information. mail, with the intent to further or facilitate WORKING WEBSITES.— ‘‘(5) LIMITATION ON LIABILITY.— a violation of this section, shall be fined ‘‘(1) IN GENERAL.—The Attorney General ‘‘(A) IN GENERAL.—A civil claim against a under this title and imprisoned not more shall maintain a system available to social social networking website, including any di- than 20 years. A sentence imposed under this networking websites that permits the auto- rector, officer, employee, parent, or agent of subsection shall be in addition and consecu- mated comparison of lists or databases of the that social networking website, arising from tive to any sentence imposed for the offense electronic mail addresses and other designa- the use by such website of the National Sex the age misrepresentation was intended to tions used for self-identification or routing Offender Registry, may not be brought in further or facilitate.’’. in Internet communication or posting of the any Federal or State court. SEC. 6. KNOWINGLY ACCESSING CHILD PORNOG- registered users of such websites, to the cor- ‘‘(B) INTENTIONAL, RECKLESS, OR OTHER MIS- RAPHY WITH THE INTENT TO VIEW responding information contained in or de- CONDUCT.—Subsection (a) shall not apply to a CHILD PORNOGRAPHY. rived from sex offender registries. claim if the social networking website, or a (a) MATERIALS INVOLVING SEXUAL EXPLOI- ‘‘(2) QUALIFICATION FOR USE OF SYSTEM.—A director, officer, employee, or agent of that TATION OF MINORS.—Section 2252(a)(4) of title social networking website seeking to use the social networking website— 18, United States Code, is amended— system established under paragraph (1) shall ‘‘(i) engaged in intentional misconduct; or (1) in subparagraph (A), by inserting ‘‘, or submit an application to the Attorney Gen- ‘‘(ii) acted, or failed to act— knowingly accesses with intent to view,’’ eral which provides— ‘‘(I) with actual malice; after ‘‘possesses’’; and ‘‘(A) the name and legal status of the ‘‘(II) with reckless disregard to a substan- (2) in subparagraph (B), by inserting ‘‘, or website; tial risk of causing injury without legal jus- knowingly accesses with intent to view,’’ ‘‘(B) the contact information for the tification; or after ‘‘possesses’’. website; ‘‘(III) for a purpose unrelated to the per- (b) MATERIALS CONSTITUTING OR CON- ‘‘(C) a description of the nature and oper- formance of any responsibility or function TAINING CHILD PORNOGRAPHY.—Section ations of the website; described in paragraph (3). 2252A(a)(5) of title 18, United States Code, is ‘‘(D) a statement explaining why the ‘‘(C) ORDINARY BUSINESS ACTIVITIES.—Sub- amended— website seeks to use the system; and section (a) shall not apply to an act or omis- (1) in subparagraph (A), by inserting ‘‘, or ‘‘(E) such other information or attesta- sion to act relating to an ordinary business knowingly accesses with intent to view,’’ tions as the Attorney General may require activity of any social networking website, after ‘‘possesses’’; and to ensure that the website will use the sys- including to any acts related to the general (2) in subparagraph (B), by inserting ‘‘, or tem— administration or operations of such knowingly accesses with intent to view,’’ ‘‘(i) to protect the safety of the users of website, the use of motor vehicles by em- after ‘‘possesses’’. such website; and ployees or agents of such website, or any per- SEC. 7. CLARIFYING BAN OF CHILD PORNOG- ‘‘(ii) not for any unlawful or improper pur- sonnel management decisions of such RAPHY. pose. websites. (a) IN GENERAL.—Chapter 110 of title 18, ‘‘(3) SEARCHES AGAINST THE SYSTEM.— ‘‘(D) MINIMIZING ACCESS.—A social net- United States Code, is amended— ‘‘(A) IN GENERAL.—A social networking working website shall minimize the number (1) in section 2251— website approved to use the system estab- of employees that are provided access to the (A) in each of subsections (a), (b), and (d), lished under paragraph (1) shall— list of electronic mail addresses, and other by inserting ‘‘using any means or facility of ‘‘(i) submit the information to be compared designations used for self-identification or interstate or foreign commerce or’’ after ‘‘be in a form satisfying the technical require- routing in Internet communication or post- transported’’; ments for searches against the system; and ing by persons in the National Sex Offender (B) in each of subsections (a) and (b), by in- ‘‘(ii) pay any fee established by the Attor- Registry. serting ‘‘using any means or facility of inter- ney General for use of the system. ‘‘(6) RULE OF CONSTRUCTION.—Nothing is state or foreign commerce or’’ after ‘‘been ‘‘(B) FREQUENCY OF USE OF THE SYSTEM.—A this section shall be construed to require any transported’’; social networking website approved by the Internet website, including a social net- (C) in subsection (c), by striking ‘‘com- Attorney General to use the system estab- working website, to compare its database of puter’’ each place that term appears and in- lished under paragraph (1) may conduct registered users with the list of electronic serting ‘‘using any means or facility of inter- searches under the system as frequently as mail addresses and other designations used state or foreign commerce’’; and the Attorney General may allow. for self-identification or routing in Internet (D) in subsection (d), by inserting ‘‘using ‘‘(C) AUTHORITY OF AG TO SUSPEND USE.— communication or posting by persons in the any means or facility of interstate or foreign The Attorney General may deny, suspend, or National Sex Offender Registry, and no Fed- commerce or’’ after ‘‘is transported’’; terminate use of the system by a social net- eral or State liability, or any other action- (2) in section 2251A(c), by inserting ‘‘using working website that— able adverse consequence, shall be imposed any means or facility of interstate or foreign ‘‘(i) provides false information in its appli- on such website based on its decision not to commerce or’’ after ‘‘or transported’’; cation for use of the system; or compare its database with such list.’’. (3) in section 2252(a)— ‘‘(ii) may be using or seeks to use the sys- SEC. 4. DEFINITIONS. (A) in paragraph (1), by inserting ‘‘using tem for any unlawful or improper purpose. Section 111 of the Sex Offender Registra- any means or facility of interstate or foreign ‘‘(4) LIMITATION ON RELEASE OF INTERNET tion and Notification Act (42 U.S.C. 16911) is commerce or’’ after ‘‘ships’’; IDENTIFIERS.— amended by adding at the end the following: (B) in paragraph (2)—

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(i) by inserting ‘‘using any means or facil- (b) TIMELINESS OF REPORTING OF INFORMA- (1) the name and legal status of the ity of interstate or foreign commerce or’’ TION.—The Attorney General, using the au- website; after ‘‘distributes, any visual depiction’’; and thority provided in section 112(b) of the Sex (2) the contact information for the website; (ii) by inserting ‘‘using any means or facil- Offender Registration and Notification Act, (3) a description of the nature and oper- ity of interstate or foreign commerce or’’ shall specify the time and manner for keep- ations of the website; after ‘‘depiction for distribution’’; ing current information required to be pro- (4) a statement explaining why the website (C) in paragraph (3)— vided under this section. seeks to use the system; (i) by inserting ‘‘using any means or facil- (c) NONDISCLOSURE TO GENERAL PUBLIC.— (5) a description of policies and procedures ity of interstate or foreign commerce’’ after The Attorney General, using the authority to ensure that— ‘‘so shipped or transported’’; and provided in section 118(b)(4) of the Sex Of- (A) any individual who is denied access to fender Registration and Notification Act, (ii) by striking ‘‘by any means,’’; and that website on the basis of information ob- shall exempt from disclosure all information (D) in paragraph (4), by inserting ‘‘using tained through the system is promptly noti- provided by a sex offender under subsection any means or facility of interstate or foreign fied of the basis for the denial and has the commerce or’’ after ‘‘has been shipped or (a). (d) NOTICE TO SEX OFFENDERS OF NEW RE- ability to challenge the denial of access; and transported’’; and QUIREMENTS.—The Attorney General shall (B) if the social networking website finds (4) in section 2252A(a)— ensure that procedures are in place to notify that information is inaccurate, incomplete, (A) in paragraph (1), by inserting ‘‘using each sex offender of changes in requirements or cannot be verified, the site immediately any means or facility of interstate or foreign that apply to that sex offender as a result of notifies the appropriate State registry and commerce or’’ after ‘‘ships’’; the implementation of this section. the Department of Justice, so that they may (B) in paragraph (2), by inserting ‘‘using (e) DEFINITIONS.— delete or correct that information in the re- any means or facility of interstate or foreign (1) OF ‘‘SOCIAL NETWORKING WEBSITE’’.—As spective State and national databases; commerce’’ after ‘‘mailed, or’’ each place it used in this Act, the term ‘‘social net- (6) the identity and address of, and contact appears; working website’’— information for, any contractor that will be (C) in paragraph (3), by inserting ‘‘using (A) means an Internet website— used by the social networking website to use any means or facility of interstate or foreign (i) that allows users, through the creation the system; and commerce or’’ after ‘‘mails, or’’ each place it of web pages or profiles or by other means, (7) such other information or attestations appears; to provide information about themselves as the Attorney General may require to en- (D) in each of paragraphs (4) and (5), by in- that is available to the public or to other sure that the website will use the system— serting ‘‘using any means or facility of inter- users; and (A) to protect the safety of the users of state or foreign commerce or’’ after ‘‘has (ii) that offers a mechanism for commu- such website; and been mailed, or shipped or transported’’; and nication with other users where such users (B) for the limited purpose of making the (E) in paragraph (6), by inserting ‘‘using are likely to include a substantial number of automated comparison described in sub- any means or facility of interstate or foreign minors; and section (a). commerce or’’ after ‘‘has been mailed, (iii) whose primary purpose is to facilitate (c) SEARCHES AGAINST THE SYSTEM.— shipped, or transported’’. online social interactions; and (1) FREQUENCY OF USE OF THE SYSTEM.—A (b) AFFECTING INTERSTATE COMMERCE.— (B) includes any contractors or agents used Chapter 110 of title 18, United States Code, is by the website to act on behalf of the website social networking website approved by the amended in each of sections 2251, 2251A, 2252, in carrying out the purposes of this Act. Attorney General to use the system may conduct searches under the system as fre- and 2252A, by striking ‘‘in interstate’’ each (2) OF ‘‘INTERNET IDENTIFIERS’’.—As used in place it appears and inserting ‘‘in or affect- this Act, the term ‘‘Internet identifiers’’ quently as the Attorney General may allow. ing interstate’’. means electronic mail addresses and other (2) AUTHORITY OF ATTORNEY GENERAL TO (c) CERTAIN ACTIVITIES RELATING TO MATE- designations used for self-identification or SUSPEND USE.—The Attorney General may RIAL INVOLVING THE SEXUAL EXPLOITATION OF routing in Internet communication or post- deny, suspend, or terminate use of the sys- MINORS.—Section 2252(a)(3)(B) of title 18, ing. tem by a social networking website that— United States Code, is amended by inserting (3) OTHER TERMS.—A term defined for the (A) provides false information in its appli- ‘‘, shipped, or transported using any means purposes of the Sex Offender Registration cation for use of the system; or facility of interstate or foreign com- and Notification Act has the same meaning (B) may be using or seeks to use the sys- merce’’ after ‘‘that has been mailed’’. in this Act. tem for any unlawful or improper purpose; (d) CERTAIN ACTIVITIES RELATING TO MATE- SEC. 3. CHECKING SYSTEM FOR SOCIAL NET- (C) fails to comply with the procedures re- RIAL CONSTITUTING OR CONTAINING CHILD POR- WORKING WEBSITES. quired under subsection (b)(5); or NOGRAPHY .—Section 2252A(a)(6)(C) of title 18, (a) IN GENERAL.— (D) uses information obtained from the United States Code, is amended by striking (1) SECURE SYSTEM FOR COMPARISONS.—The system in any way that is inconsistent with ‘‘or by transmitting’’ and all that follows Attorney General shall establish and main- the purposes of this Act. through ‘‘by computer,’’ and inserting ‘‘or tain a secure system that permits social net- (3) LIMITATION ON RELEASE OF INTERNET any means or facility of interstate or foreign working websites to compare the informa- IDENTIFIERS.— commerce,’’. tion contained in the National Sex Offender (A) NO PUBLIC RELEASE.—Neither the At- AMENDMENT OFFERED BY MR. CONYERS Registry with the Internet identifiers of torney General nor a social networking Mr. CONYERS. Mr. Speaker, I have users of the social networking websites, and website approved to use the system may re- view only those Internet identifiers that lease to the public any list of the Internet an amendment at the desk. identifiers of sex offenders contained in the The Clerk read as follows: match. The system— (A) shall not require or permit any social system. Amendment offered by Mr. CONYERS: networking website to transmit Internet (B) ADDITIONAL LIMITATIONS.—The Attor- Strike out all after the enacting clause and identifiers of its users to the operator of the ney General shall limit the release of infor- insert: system, and mation obtained through the use of the sys- SECTION 1. SHORT TITLE. (B) shall use secure procedures that pre- tem established under subsection (a) by so- This Act may be cited as the ‘‘Keeping the serve the secrecy of the information made cial networking websites approved to use Internet Devoid of Sexual Predators Act of available by the Attorney General, including such system. 2008’’ or the ‘‘KIDS Act of 2008’’. protection measures that render the Internet (C) STRICT ADHERENCE TO LIMITATION.—The SEC. 2. DIRECTION TO THE ATTORNEY GENERAL. identifiers and other data elements indeci- use of the system established under sub- (a) REQUIREMENT THAT SEX OFFENDERS pherable. section (a) by a social networking website PROVIDE CERTAIN INTERNET RELATED INFOR- (2) PROVISION OF INFORMATION RELATING TO shall be conditioned on the website’s agree- MATION TO SEX OFFENDER REGISTRIES.—The IDENTITY.—Upon receiving a matched Inter- ment to observe the limitations required Attorney General, using the authority pro- net identifier, the social networking website under this paragraph. vided in section 114(a)(7) of the Sex Offender may make a request of the Attorney General (D) RULE OF CONSTRUCTION.—This sub- Registration and Notification Act, shall re- for, and the Attorney General shall provide section shall not be construed to limit the quire that each sex offender provide to the promptly, information related to the iden- authority of the Attorney General under any sex offender registry those Internet identi- tity of the individual that has registered the other provision of law to conduct or to allow fiers the sex offender uses or will use of any matched Internet identifier. This informa- searches or checks against sex offender reg- type that the Attorney General determines tion is limited to the name, sex, resident ad- istration information. to be appropriate under that Act. These dress, photograph, and physical description. (4) PAYMENT OF FEE.—A social networking records of Internet identifiers shall be sub- (b) QUALIFICATION FOR USE OF SYSTEM.—A website approved to use the system shall pay ject to the Privacy Act (5 U.S.C. 552a) to the social networking website seeking to use the any fee established by the Attorney General same extent as the other records in the Na- system shall submit an application to the for use of the system. tional Sex Offender Registry. Attorney General which provides— (5) LIMITATION ON LIABILITY.—

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00110 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.004 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22792 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 (A) IN GENERAL.—A civil claim against a advances. Social Web sites such as MySpace on this issue. I would specifically like to thank social networking website, including any di- and Facebook give our kids new ways to inter- House Judiciary staff—Mark Dubester, Ted rector, officer, employee, parent, contractor, act. Yet, they also open doors for sexual pred- Kalo, Bobby Vassar, Ameer Gopalani and or agent of that social networking website, Karen Wilkinson—for their hard work in reach- arising from the use by such website of the ators to target them—making it essential that National Sex Offender Registry, may not be our laws keep up with technology. ing a compromise on this issue. I look forward brought in any Federal or State court. The bills that we are considering today send to continuing to work with all of you to protect (B) INTENTIONAL, RECKLESS, OR OTHER MIS- the message that we will not tolerate this dis- our children from the threat of sex offenders CONDUCT.—Subparagraph (A) does not apply turbing trend. The Keeping the Internet Devoid on the Internet. to a claim if the social networking website, of Sexual Predators Act, or KIDS Act, of 2007, Mr. SMITH of Texas. Mr. Speaker, child or a director, officer, employee, parent, con- ensures that our laws and the resources need- predators will stop at nothing to prey on inno- tractor, or agent of that social networking ed to catch and keep these criminals off the cent children. The Internet affords them not website— street are as up-to-date as the technology that only a virtual world within which to lure chil- (i) engaged in intentional misconduct; or our kids are using. dren into meeting them but also significantly (ii) acted, or failed to act— hampers the ability of law enforcement to (I) with actual malice; I urge my colleagues to support this impor- tant legislation. identify and apprehend them. (II) with reckless disregard to a substantial The Internet is constantly evolving. A dec- risk of causing injury without legal jus- Mr. POMEROY. Mr. Speaker, I rise today in tification; or support of S. 431, the ‘‘Keeping the Internet ade ago, email was the revolution that con- (III) for a purpose unrelated to the per- Devoid of Sexual Predators Act of 2007’’ also nected people in the workplace, on college formance of any responsibility or function known as the KIDS Act. This important legisla- campuses, and across the country. Today, described in paragraph (3). tion takes a historic step forward in updating chat rooms and social networking sites boast (C) MINIMIZING ACCESS.—A social net- users in the millions from around the world and strengthening our laws to protect our kids working website shall minimize the number and attract young children who may not be from sexual predators online. of employees that are provided access to the aware of the risks involved with sharing per- At the beginning of this Congress, I intro- Internet identifiers for which a match has sonal information online. been found through the system. duced the House companion to the KIDS Act We were all shocked to learn last year that (6) RULE OF CONSTRUCTION.—Nothing in this with our dear departed friend, Rep. Paul over 20,000 registered sex offenders were on section shall be construed to require any Gillmor, a true champion of protecting children commercial social networking sites. In re- Internet website, including a social net- from dangerous sexual predators both online working website, to use the system, and no sponse to media attention, these sites re- and offline. He spent much of his time in Con- moved the sex offenders and continue to ac- Federal or State liability, or any other ac- gress fighting to keep our kids safe, and I tionable adverse consequence, shall be im- tively monitor their sites. posed on such website based on its decision know that he would be very proud of the pas- S. 431, the Keeping the Internet Devoid of not to do so. sage of today’s legislation. Sexual Predators Act or KIDS Act of 2007, will SEC. 4. MODIFICATION OF MINIMUM STANDARDS When my own kids are online, I want to do help these sites and other Internet providers, REQUIRED FOR ELECTRONIC MONI- everything possible to keep them safe from as well as law enforcement officials, to identify TORING UNITS USED IN SEXUAL OF- online predators. Sex offenders have no busi- FENDER MONITORING PILOT PRO- sex offenders lurking on the Internet. The bill GRAM. ness being on social networking sites like contains an important provision requiring sex (a) IN GENERAL.—Subparagraph (C) of sec- MySpace and Facebook and the hundreds of offenders to update their registration informa- tion 621(a)(1) of the Adam Walsh Child Pro- other social networking sites that kids are on tion to include their electronic mail addresses, tection and Safety Act of 2006 (42 U.S.C. today. This bipartisan compromise will make it instant messaging addresses and other similar 16981(a)(1)) is amended to read as follows: easier for social networking sites to find these Internet identifiers. ‘‘(C) MINIMUM STANDARDS.—The electronic offenders and kick these individuals off of their The KIDS Act also provides a mechanism to monitoring units used in the pilot program sites so that they are not able to prey on our allow social networking sites to check sex of- shall at a minimum— fender registries to prevent sex offenders from ‘‘(i) provide a tracking device for each of- Nation’s children. fender that contains a central processing Under current law, convicted sex offenders accessing the site. unit with global positioning system; and have to register where they work, live, go to The House passed similar legislation, H.R. ‘‘(ii) permit continuous monitoring of of- school, and provide any other information that 719, last year. However, many of these impor- fenders 24 hours a day.’’. is required by the Attorney General, This act tant provisions had been stripped from the bill (b) EFFECTIVE DATE.— The amendment mandates that the Attorney General use his before it was brought to the floor. I am made by subsection (a) shall apply to grants authority to require convicted sex offenders to pleased that S. 431 reinstates many of these provided on or after the date of the enact- register their Internet identifiers such as their provisions, most importantly, the requirement ment of this Act. email and instant messaging addresses. Fail- that sex offenders report their email addresses Mr. CONYERS (during the reading). ure to register internet identifiers as required and other Internet identifiers. Mr. Speaker, I ask unanimous consent will be treated as any other registration viola- S. 431 also incorporates a provision origi- that the amendment be considered as tion punishable under 18 U.S.C. § 2250. The nally introduced by my colleague from Virginia, read. Department of Justice will then create a sys- Congressman RANDY FORBES, in H.R. 4094. The SPEAKER pro tempore. Is there This provision amends the Adam Walsh Act to tem to share this information with social net- objection to the request of the gen- revise the minimum standards for electronic working sites so that these companies can tleman from Michigan? monitoring of sex offenders. This important keep registered sex offenders from using their There was no objection. correction will improve the use of these moni- services. The amendment was agreed to. toring devices under the Adam Walsh Act pilot According to a University of New Hampshire Mr. CHABOT. Mr. Speaker, I’d like to thank program. my House and Senate colleagues today for study, 1 in 7 children receive unwanted sexual I urge my colleagues to support this bill. their ongoing leadership on this critical issue. solicitations online. With nearly 90 percent of The Senate bill was ordered to be Today is another significant step in our effort our Nation’s teenagers using the Internet ev- read a third time, was read the third to protect our Nation’s most precious asset— eryday, it is now more important than ever to time, and passed, and a motion to re- our children. Together with the PROTECT Act, pass legislation like this that updates our laws consider was laid on the table. which the House considered earlier, we are to protect our kids from those who would ex- f sending a message to predators that we will ploit them online. not let you get our children. I would like to thank MySpace for their lead- CRIMINAL HISTORY BACKGROUND The Adam Walsh Child Protection and Safe- ership in advancing this legislation and for the CHECKS PILOT EXTENSION ACT ty Act, that we passed two years ago and proactive steps that they have already taken OF 2008 which increased national registration require- to delete convicted registered sex offenders Mr. CONYERS. Mr. Speaker, I ask ments and penalties on sex offenders, was a from their site. We hope this legislation will en- unanimous consent that the Com- much needed response to the growing threats courage others to follow their lead. mittee on the Judiciary be discharged our Nation’s children face each and every day. I would also like to thank Chairman SCOTT, from further consideration of the Sen- However, the threat still exists and, in fact, Chairman CONYERS, Senator SCHUMER and ate bill (S. 3605) to extend the pilot pro- continues to grow, particularly as technology Representative RAHM EMANUEL for their work gram for volunteer groups to obtain

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00111 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.004 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22793 criminal history background checks, TITLE III—EFFECTIVE CHILD (4) A 5-year projection for program and and ask for its immediate consider- PORNOGRAPHY PROSECUTION budget goals and priorities. ation in the House. Sec. 301. Prohibit the broadcast of live im- (5) A review of the policies and work of the The Clerk read the title of the Senate ages of child abuse. Department of Justice related to the preven- bill. Sec. 302. Amendment to section 2256 of title tion and investigation of child exploitation The SPEAKER pro tempore. Is there 18, United States Code. crimes, including efforts at the Office of Jus- Sec. 303. Amendment to section 2260 of title tice Programs, the Criminal Division of the objection to the request of the gen- 18, United States Code. Department of Justice, the Executive Office tleman from Michigan? Sec. 304. Prohibiting the adaptation or of United States Attorneys, the Federal Bu- There was no objection. modification of an image of an reau of Investigation, the Office of the Attor- The text of the Senate bill is as fol- identifiable minor to produce ney General, the Office of the Deputy Attor- lows: child pornography. ney General, the Office of Legal Policy, and S. 3605 TITLE IV—NATIONAL INSTITUTE OF any other agency or bureau of the Depart- Be it enacted by the Senate and House of JUSTICE STUDY OF RISK FACTORS ment of Justice whose activities relate to Representatives of the United States of Sec. 401. NIJ study of risk factors for assess- child exploitation. America in Congress assembled, ing dangerousness. (6) A description of the Department’s ef- SECTION 1. SHORT TITLE. TITLE V—SECURING ADOLESCENTS forts to coordinate with international, State, This Act may be cited as the ‘‘Criminal FROM ONLINE EXPLOITATION local, tribal law enforcement, and private sector entities on child exploitation preven- History Background Checks Pilot Extension Sec. 501. Reporting requirements of elec- tion and interdiction efforts. Act of 2008’’. tronic communication service (7) Plans for interagency coordination re- SEC. 2. EXTENSION OF PILOT PROGRAM. providers and remote com- garding the prevention, investigation, and Section 108(a)(3)(A) of the PROTECT Act puting service providers. (42 U.S.C. 5119a note) is amended by striking Sec. 502. Reports. apprehension of individuals exploiting chil- ‘‘a 66-month’’ and inserting ‘‘a 78-month’’. Sec. 503. Severability. dren, including cooperation and collabora- The Senate bill was ordered to be SEC. 2. DEFINITIONS. tion with— (A) Immigration and Customs Enforce- read a third time, was read the third In this Act, the following definitions shall apply: ment; time, and passed, and a motion to re- (B) the United States Postal Inspection consider was laid on the table. (1) CHILD EXPLOITATION.—The term ‘‘child exploitation’’ means any conduct, attempted Service; f conduct, or conspiracy to engage in conduct (C) the Department of State; involving a minor that violates section 1591, (D) the Department of Commerce; PROTECT OUR CHILDREN ACT OF (E) the Department of Education; 2008 chapter 109A, chapter 110, and chapter 117 of title 18, United States Code, or any sexual (F) the Department of Health and Human Mr. CONYERS. Mr. Speaker, I move activity involving a minor for which any per- Services; and to suspend the rules and pass the Sen- son can be charged with a criminal offense. (G) other appropriate Federal agencies. ate bill (S. 1738) to establish a Special (2) CHILD OBSCENITY.—The term ‘‘child ob- (8) A review of the Internet Crimes Against Counsel for Child Exploitation Preven- scenity’’ means any visual depiction pro- Children Task Force Program, including— scribed by section 1466A of title 18, United (A) the number of ICAC task forces and lo- tion and Interdiction within the Office cation of each ICAC task force; of the Deputy Attorney General, to im- States Code. (3) MINOR.—The term ‘‘minor’’ means any (B) the number of trained personnel at prove the Internet Crimes Against person under the age of 18 years. each ICAC task force; Children Task Force, to increase re- (4) SEXUALLY EXPLICIT CONDUCT.—The term (C) the amount of Federal grants awarded sources for regional computer forensic ‘‘sexually explicit conduct’’ has the meaning to each ICAC task force; labs, and to make other improvements given such term in section 2256 of title 18, (D) an assessment of the Federal, State, to increase the ability of law enforce- United States Code. and local cooperation in each task force, in- cluding— ment agencies to investigate and pros- TITLE I—NATIONAL STRATEGY FOR (i) the number of arrests made by each ecute predators. CHILD EXPLOITATION PREVENTION task force; The Clerk read the title of the Senate AND INTERDICTION (ii) the number of criminal referrals to bill. SEC. 101. ESTABLISHMENT OF NATIONAL STRAT- United States attorneys for prosecution; EGY FOR CHILD EXPLOITATION PRE- The text of the Senate bill is as fol- (iii) the number of prosecutions and con- lows: VENTION AND INTERDICTION. (a) IN GENERAL.—The Attorney General of victions from the referrals made under S. 1738 the United States shall create and imple- clause (ii); Be it enacted by the Senate and House of Rep- ment a National Strategy for Child Exploi- (iv) the number, if available, of local pros- resentatives of the United States of America in tation Prevention and Interdiction. ecutions and convictions based on ICAC task Congress assembled, (b) TIMING.—Not later than 1 year after the force investigations; and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. date of enactment of this Act and on Feb- (v) any other information demonstrating (a) SHORT TITLE.—This Act may be cited as ruary 1 of every second year thereafter, the the level of Federal, State, and local coordi- the ‘‘Providing Resources, Officers, and Attorney General shall submit to Congress nation and cooperation, as such information Technology To Eradicate Cyber Threats to the National Strategy established under sub- is to be determined by the Attorney General; Our Children Act of 2008’’ or the ‘‘PROTECT section (a). (E) an assessment of the training opportu- Our Children Act of 2008’’. (c) REQUIRED CONTENTS OF NATIONAL nities and technical assistance available to (b) TABLE OF CONTENTS.—The table of con- STRATEGY.—The National Strategy estab- support ICAC task force grantees; and tents for this Act is as follows: lished under subsection (a) shall include the (F) an assessment of the success of the Sec. 1. Short title; table of contents. following: Internet Crimes Against Children Task Sec. 2. Definitions. (1) Comprehensive long-range, goals for re- Force Program at leveraging State and local TITLE I—NATIONAL STRATEGY FOR ducing child exploitation. resources and matching funds. CHILD EXPLOITATION PREVENTION (2) Annual measurable objectives and spe- (9) An assessment of the technical assist- AND INTERDICTION cific targets to accomplish long-term, quan- ance and support available for Federal, Sec. 101. Establishment of National Strat- tifiable goals that the Attorney General de- State, local, and tribal law enforcement egy for Child Exploitation Pre- termines may be achieved during each year agencies, in the prevention, investigation, vention and Interdiction. beginning on the date when the National and prosecution of child exploitation crimes. Sec. 102. Establishment of National ICAC Strategy is submitted. (10) A review of the backlog of forensic Task Force Program. (3) Annual budget priorities and Federal ef- analysis for child exploitation cases at each Sec. 103. Purpose of ICAC task forces. forts dedicated to combating child exploi- FBI Regional Forensic lab and an estimate Sec. 104. Duties and functions of task forces. tation, including resources dedicated to of the backlog at State and local labs. Sec. 105. National Internet Crimes Against Internet Crimes Against Children task (11) Plans for reducing the forensic backlog Children Data System. forces, Project Safe Childhood, FBI Innocent described in paragraph (10), if any, at Fed- Sec. 106. ICAC grant program. Images Initiative, the National Center for eral, State and local forensic labs. Sec. 107. Authorization of appropriations. Missing and Exploited Children, regional fo- (12) A review of the Federal programs re- TITLE II—ADDITIONAL MEASURES TO rensic computer labs, Internet Safety pro- lated to child exploitation prevention and COMBAT CHILD EXPLOITATION grams, and all other entities whose goal or education, including those related to Inter- Sec. 201. Additional regional computer fo- mission is to combat the exploitation of chil- net safety, including efforts by the private rensic labs. dren that receive Federal support. sector and nonprofit entities, or any other

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initiatives, that have proven successful in (1) IN GENERAL.—The Attorney General (A) IN GENERAL.—The Attorney General promoting child safety and Internet safety. shall designate a senior official at the De- may establish national training programs to (13) An assessment of the future trends, partment of Justice to be responsible for co- support the mission of the ICAC task forces, challenges, and opportunities, including new ordinating the development of the National including the effective use of the National technologies, that will impact Federal, Strategy established under subsection (a). Internet Crimes Against Children Data Sys- State, local, and tribal efforts to combat (2) DUTIES.—The duties of the official des- tem. child exploitation. ignated under paragraph (1) shall include— (B) LIMITATION.—In establishing training (14) Plans for liaisons with the judicial (A) acting as a liaison with all Federal courses under this paragraph, the Attorney branches of the Federal and State govern- agencies regarding the development of the General may not award any one entity other ments on matters relating to child exploi- National Strategy; than a law enforcement agency more than tation. (B) working to ensure that there is proper $2,000,000 annually to establish and conduct (15) An assessment of Federal investigative coordination among agencies in developing training courses for ICAC task force mem- and prosecution activity relating to reported the National Strategy; bers and other law enforcement officials. incidents of child exploitation crimes, which (C) being knowledgeable about budget pri- (C) REVIEW.—The Attorney General shall— shall include a number of factors, includ- orities and familiar with all efforts within (i) conduct periodic reviews of the effec- ing— the Department of Justice and the FBI re- tiveness of each training session authorized (A) the number of high-priority suspects lated to child exploitation prevention and by this paragraph; and (identified because of the volume of sus- interdiction; and (ii) consider outside reports related to the pected criminal activity or because of the (D) communicating the National Strategy effective use of Federal funding in making danger to the community or a potential vic- to Congress and being available to answer future grant awards for training. tim) who were investigated and prosecuted; questions related to the strategy at congres- SEC. 103. PURPOSE OF ICAC TASK FORCES. (B) the number of investigations, arrests, sional hearings, if requested by committees The ICAC Task Force Program, and each prosecutions and convictions for a crime of of appropriate jurisdictions, on the contents State or local ICAC task force that is part of child exploitation; and of the National Strategy and progress of the the national program of task forces, shall be (C) the average sentence imposed and stat- Department of Justice in implementing the dedicated toward— utory maximum for each crime of child ex- National Strategy. (1) increasing the investigative capabilities ploitation. SEC. 102. ESTABLISHMENT OF NATIONAL ICAC of State and local law enforcement officers (16) A review of all available statistical TASK FORCE PROGRAM. in the detection, investigation, and appre- data indicating the overall magnitude of (a) ESTABLISHMENT.— hension of Internet crimes against children child pornography trafficking in the United (1) IN GENERAL.—There is established with- offenses or offenders, including technology- States and internationally, including— in the Department of Justice, under the gen- facilitated child exploitation offenses; (A) the number of computers or computer eral authority of the Attorney General, a Na- (2) conducting proactive and reactive users, foreign and domestic, observed engag- tional Internet Crimes Against Children Internet crimes against children investiga- ing in, or suspected by law enforcement Task Force Program (hereinafter in this tions; agencies and other sources of engaging in, title referred to as the ‘‘ICAC Task Force (3) providing training and technical assist- peer-to-peer file sharing of child pornog- Program’’), which shall consist of a national ance to ICAC task forces and other Federal, raphy; program of State and local law enforcement State, and local law enforcement agencies in (B) the number of computers or computer task forces dedicated to developing effective the areas of investigations, forensics, pros- users, foreign and domestic, observed engag- responses to online enticement of children ecution, community outreach, and capacity- ing in, or suspected by law enforcement by sexual predators, child exploitation, and building, using recognized experts to assist agencies and other reporting sources of en- child obscenity and pornography cases. in the development and delivery of training gaging in, buying and selling, or other com- (2) INTENT OF CONGRESS.—It is the purpose mercial activity related to child pornog- programs; raphy; and intent of Congress that the ICAC Task (4) increasing the number of Internet (C) the number of computers or computer Force Program established under paragraph crimes against children offenses being inves- users, foreign and domestic, observed engag- (1) is intended to continue the ICAC Task tigated and prosecuted in both Federal and ing in, or suspected by law enforcement Force Program authorized under title I of State courts; agencies and other sources of engaging in, all the Departments of Commerce, Justice, and (5) creating a multiagency task force re- other forms of activity related to child por- State, the Judiciary, and Related Agencies sponse to Internet crimes against children nography; Appropriations Act, 1998, and funded under offenses within each State; (D) the number of tips or other statistical title IV of the Juvenile Justice and Delin- (6) participating in the Department of Jus- data from the National Center for Missing quency Prevention Act of 1974. tice’s Project Safe Childhood initiative, the and Exploited Children’s CyberTipline and (b) NATIONAL PROGRAM.— purpose of which is to combat technology-fa- other data indicating the magnitude of child (1) STATE REPRESENTATION.—The ICAC cilitated sexual exploitation crimes against pornography trafficking; and Task Force Program established under sub- children; (E) any other statistical data indicating section (a) shall include at least 1 ICAC task (7) enhancing nationwide responses to the type, nature, and extent of child exploi- force in each State. Internet crimes against children offenses, in- tation crime in the United States and (2) CAPACITY AND CONTINUITY OF INVESTIGA- cluding assisting other ICAC task forces, as abroad. TIONS.—In order to maintain established ca- well as other Federal, State, and local agen- (17) Copies of recent relevant research and pacity and continuity of investigations and cies with Internet crimes against children studies related to child exploitation, includ- prosecutions of child exploitation cases, the investigations and prosecutions; ing— Attorney General, shall, in establishing the (8) developing and delivering Internet (A) studies related to the link between pos- ICAC Task Force Program under subsection crimes against children public awareness and session or trafficking of child pornography (a) consult with and consider all 59 task prevention programs; and and actual abuse of a child; forces in existence on the date of enactment (9) participating in such other activities, (B) studies related to establishing a link of this Act. The Attorney General shall in- both proactive and reactive, that will en- between the types of files being viewed or clude all existing ICAC task forces in the hance investigations and prosecutions of shared and the type of illegal activity; and ICAC Task Force Program, unless the Attor- Internet crimes against children. (C) any other research, studies, and avail- ney General makes a determination that an SEC. 104. DUTIES AND FUNCTIONS OF TASK able information related to child exploi- existing ICAC does not have a proven track FORCES. tation. record of success. Each State or local ICAC task force that is (18) A review of the extent of cooperation, (3) ONGOING REVIEW.—The Attorney Gen- part of the national program of task forces coordination, and mutual support between eral shall— shall— private sector and other entities and organi- (A) conduct periodic reviews of the effec- (1) consist of State and local investigators, zations and Federal agencies, including the tiveness of each ICAC task force established prosecutors, forensic specialists, and edu- involvement of States, local and tribal gov- under this section; and cation specialists who are dedicated to ad- ernment agencies to the extent Federal pro- (B) have the discretion to establish a new dressing the goals of such task force; grams are involved. task force if the Attorney General deter- (2) work consistently toward achieving the (19) The results of the Project Safe Child- mines that such decision will enhance the ef- purposes described in section 103; hood Conference or other conferences or fectiveness of combating child exploitation (3) engage in proactive investigations, fo- meetings convened by the Department of provided that the Attorney General notifies rensic examinations, and effective prosecu- Justice related to combating child exploi- Congress in advance of any such decision and tions of Internet crimes against children; tation that each state maintains at least 1 ICAC (4) provide forensic, preventive, and inves- (d) APPOINTMENT OF HIGH-LEVEL OFFI- task force at all times. tigative assistance to parents, educators, CIAL.— (4) TRAINING.— prosecutors, law enforcement, and others

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00113 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.004 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22795 concerned with Internet crimes against chil- (3) State, local, and tribal agencies inves- other State, local, and tribal law enforce- dren; tigating and prosecuting child exploitation; ment agencies for use in resolving case con- (5) develop multijurisdictional, multi- and flicts, as provided in subsection (d); agency responses and partnerships to Inter- (4) foreign or international law enforce- (2) a secure system enabling online com- net crimes against children offenses through ment agencies, subject to approval by the munication and collaboration by Federal law ongoing informational, administrative, and Attorney General. enforcement agencies, ICAC task forces, and technological support to other State and (d) CYBER SAFE DECONFLICTION AND INFOR- other State, local, and tribal law enforce- local law enforcement agencies, as a means MATION SHARING.—The National Internet ment agencies regarding ongoing investiga- for such agencies to acquire the necessary Crimes Against Children Data System estab- tions, investigatory techniques, best prac- knowledge, personnel, and specialized equip- lished under subsection (a)— tices, and any other relevant news and pro- ment to investigate and prosecute such of- (1) shall be housed and maintained within fessional information; fenses; the Department of Justice or a credentialed (3) a secure online data storage and anal- (6) participate in nationally coordinated law enforcement agency; ysis system for use by Federal law enforce- investigations in any case in which the At- (2) shall be made available for a nominal ment agencies, ICAC task forces, and other torney General determines such participa- charge to support credentialed law enforce- State, local, and tribal law enforcement tion to be necessary, as permitted by the ment agencies in accordance with subsection agencies; available resources of such task force; (c); and (4) secure connections or interaction with (7) establish or adopt investigative and (3) shall— State and local law enforcement computer prosecution standards, consistent with es- (A) allow Federal, State, local, and tribal networks, consistent with reasonable and es- tablished norms, to which such task force agencies and ICAC task forces investigating tablished security protocols and guidelines; shall comply; and prosecuting child exploitation to con- (5) guidelines for use of the National Inter- (8) investigate, and seek prosecution on, tribute and access data for use in resolving net Crimes Against Children Data System by tips related to Internet crimes against chil- case conflicts; Federal, State, local, and tribal law enforce- dren, including tips from Operation Fairplay, (B) provide, directly or in partnership with ment agencies and ICAC task forces; and the National Internet Crimes Against Chil- a credentialed law enforcement agency, a dy- (6) training and technical assistance on the dren Data System established in section 105, namic undercover infrastructure to facili- use of the National Internet Crimes Against the National Center for Missing and Ex- tate online law enforcement investigations Children Data System by Federal, State, ploited Children’s CyberTipline, ICAC task of child exploitation; local, and tribal law enforcement agencies forces, and other Federal, State, and local (C) facilitate the development of essential and ICAC task forces. (g) NATIONAL INTERNET CRIMES AGAINST agencies, with priority being given to inves- software and network capability for law en- CHILDREN DATA SYSTEM STEERING COM- tigative leads that indicate the possibility of forcement participants; and MITTEE.—The Attorney General shall estab- identifying or rescuing child victims, includ- (D) provide software or direct hosting and lish a National Internet Crimes Against Chil- ing investigative leads that indicate a likeli- support for online investigations of child ex- dren Data System Steering Committee to hood of seriousness of offense or dangerous- ploitation activities, or, in the alternative, provide guidance to the Network relating to ness to the community; provide users with a secure connection to an the program under subsection (f), and to as- (9) develop procedures for handling seized alternative system that provides such capa- sist in the development of strategic plans for evidence; bilities, provided that the system is hosted the System. The Steering Committee shall (10) maintain— within a governmental agency or a consist of 10 members with expertise in child (A) such reports and records as are re- credentialed law enforcement agency. exploitation prevention and interdiction quired under this title; and (e) COLLECTION AND REPORTING OF DATA.— prosecution, investigation, or prevention, in- (B) such other reports and records as deter- (1) IN GENERAL.—The National Internet cluding— mined by the Attorney General; and Crimes Against Children Data System estab- (1) 3 representatives elected by the local (11) seek to comply with national stand- lished under subsection (a) shall ensure the directors of the ICAC task forces, such rep- ards regarding the investigation and pros- following: resentatives shall represent different geo- ecution of Internet crimes against children, (A) REAL-TIME REPORTING.—All child ex- graphic regions of the country; as set forth by the Attorney General, to the ploitation cases involving local child victims (2) 1 representative of the Department of extent such standards are consistent with that are reasonably detectable using avail- Justice Office of Information Services; the law of the State where the task force is able software and data are, immediately (3) 1 representative from Operation Fair- located. upon their detection, made available to par- play, currently hosted at the Wyoming Office SEC. 105. NATIONAL INTERNET CRIMES AGAINST ticipating law enforcement agencies. of the Attorney General; CHILDREN DATA SYSTEM. (B) HIGH-PRIORITY SUSPECTS.—Every 30 (4) 1 representative from the law enforce- (a) IN GENERAL.—The Attorney General days, at minimum, the National Internet ment agency having primary responsibility shall establish, consistent with all existing Crimes Against Children Data System for hosting and maintaining the National Federal laws relating to the protection of shall— Internet Crimes Against Children Data Sys- privacy, a National Internet Crimes Against (i) identify high-priority suspects, as such tem; Children Data System. The system shall not suspects are determined by the volume of (5) 1 representative of the Federal Bureau be used to search for or obtain any informa- suspected criminal activity or other indica- of Investigation’s Innocent Images National tion that does not involve the use of the tors of seriousness of offense or dangerous- Initiative or Regional Computer Forensic Internet to facilitate child exploitation. ness to the community or a potential local Lab program; (b) INTENT OF CONGRESS.—It is the purpose victim; and (6) 1 representative of the Immigration and and intent of Congress that the National (ii) report all such identified high-priority Internet Crimes Against Children Data Sys- Customs Enforcement’s Cyber Crimes Cen- suspects to participating law enforcement tem established in subsection (a) is intended ter; agencies. to continue and build upon Operation Fair- (7) 1 representative of the United States (C) ANNUAL REPORTS.—Any statistical data play developed by the Wyoming Attorney Postal Inspection Service; and indicating the overall magnitude of child General’s office, which has established a se- (8) 1 representative of the Department of cure, dynamic undercover infrastructure pornography trafficking and child exploi- Justice. that has facilitated online law enforcement tation in the United States and internation- (h) AUTHORIZATION OF APPROPRIATIONS.— investigations of child exploitation, informa- ally is made available and included in the There are authorized to be appropriated for tion sharing, and the capacity to collect and National Strategy, as is required under sec- each of the fiscal years 2009 through 2016, aggregate data on the extent of the problems tion 101(c)(16). $2,000,000 to carry out the provisions of this of child exploitation. (2) RULE OF CONSTRUCTION.—Nothing in this section. (c) PURPOSE OF SYSTEM.—The National subsection shall be construed to limit the SEC. 106. ICAC GRANT PROGRAM. Internet Crimes Against Children Data Sys- ability of participating law enforcement (a) ESTABLISHMENT.— tem established under subsection (a) shall be agencies to disseminate investigative leads (1) IN GENERAL.—The Attorney General is dedicated to assisting and supporting or statistical information in accordance with authorized to award grants to State and credentialed law enforcement agencies au- State and local laws. local ICAC task forces to assist in carrying thorized to investigate child exploitation in (f) MANDATORY REQUIREMENTS OF NET- out the duties and functions described under accordance with Federal, State, local, and WORK.—The National Internet Crimes section 104. tribal laws, including by providing assist- Against Children Data System established (2) FORMULA GRANTS.— ance and support to— under subsection (a) shall develop, deploy, (A) DEVELOPMENT OF FORMULA.—At least 75 (1) Federal agencies investigating and and maintain an integrated technology and percent of the total funds appropriated to prosecuting child exploitation; training program that provides— carry out this section shall be available to (2) the ICAC Task Force Program estab- (1) a secure, online system for Federal law award or otherwise distribute grants pursu- lished under section 102; enforcement agencies, ICAC task forces, and ant to a funding formula established by the

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ADDITIONAL REGIONAL COMPUTER FO- established by the Attorney General under grams to help children and parents protect RENSIC LABS. subparagraph (A) shall— themselves from Internet predators; (a) ADDITIONAL RESOURCES.—The Attorney (i) ensure that each State or local ICAC (5) conduct and attend training sessions re- General shall establish additional computer task force shall, at a minimum, receive an lated to successful investigations and pros- forensic capacity to address the current amount equal to 0.5 percent of the funds ecutions of Internet crimes against children; backlog for computer forensics, including for available to award or otherwise distribute and child exploitation investigations. The Attor- grants under subparagraph (A); and (6) fund any other activities directly re- ney General may utilize funds under this (ii) take into consideration the following lated to preventing, investigating, or pros- title to increase capacity at existing re- factors: ecuting Internet crimes against children. gional forensic laboratories or to add labora- (I) The population of each State, as deter- tories under the Regional Computer Forensic (d) REPORTING REQUIREMENTS.— mined by the most recent decennial census Laboratories Program operated by the Fed- (1) ICAC REPORTS.—To measure the results performed by the Bureau of the Census. eral Bureau of Investigation. of the activities funded by grants under this (II) The number of investigative leads (b) PURPOSE OF NEW RESOURCES.—The addi- section, and to assist the Attorney General within the applicant’s jurisdiction generated tional forensic capacity established by re- by Operation Fairplay, the ICAC Data Net- in complying with the Government Perform- sources provided under this section shall be work, the CyberTipline, and other sources. ance and Results Act (Public Law 103–62; 107 dedicated to assist Federal agencies, State (III) The number of criminal cases related Stat. 285), each State or local ICAC task and local Internet Crimes Against Children to Internet crimes against children referred force receiving a grant under this section task forces, and other Federal, State, and to a task force for Federal, State, or local shall, on an annual basis, submit a report to local law enforcement agencies in pre- prosecution. the Attorney General that sets forth the fol- venting, investigating, and prosecuting (IV) The number of successful prosecutions lowing: Internet crimes against children. of child exploitation cases by a task force. (A) Staffing levels of the task force, in- (c) NEW COMPUTER FORENSIC LABS.—If the (V) The amount of training, technical as- cluding the number of investigators, pros- Attorney General determines that new re- sistance, and public education or outreach ecutors, education specialists, and forensic gional computer forensic laboratories are re- by a task force related to the prevention, in- specialists dedicated to investigating and quired under subsection (a) to best address vestigation, or prosecution of child exploi- prosecuting Internet crimes against chil- existing backlogs, such new laboratories tation offenses. dren. shall be established pursuant to subsection (VI) Such other criteria as the Attorney (B) Investigation and prosecution perform- (d). General determines demonstrate the level of ance measures of the task force, including— (d) LOCATION OF NEW LABS.—The location need for additional resources by a task force. (i) the number of investigations initiated of any new regional computer forensic lab- (3) DISTRIBUTION OF REMAINING FUNDS related to Internet crimes against children; oratories under this section shall be deter- BASED ON NEED.— (ii) the number of arrests related to Inter- mined by the Attorney General, in consulta- (A) IN GENERAL.—Any funds remaining net crimes against children; and tion with the Director of the Federal Bureau from the total funds appropriated to carry (iii) the number of prosecutions for Inter- of Investigation, the Regional Computer Fo- out this section after funds have been made net crimes against children, including— rensic Laboratory National Steering Com- available to award or otherwise distribute (I) whether the prosecution resulted in a mittee, and other relevant stakeholders. formula grants under paragraph (2)(A) shall conviction for such crime; and (e) REPORT.—Not later than 1 year after be distributed to State and local ICAC task (II) the sentence and the statutory max- the date of enactment of this Act, and every forces based upon need, as set forth by cri- imum for such crime under State law. year thereafter, the Attorney General shall teria established by the Attorney General. (C) The number of referrals made by the submit a report to the Congress on how the Such criteria shall include the factors under task force to the United States Attorneys of- funds appropriated under this section were paragraph (2)(B)(ii). fice, including whether the referral was ac- utilized. (B) MATCHING REQUIREMENT.—A State or cepted by the United States Attorney. (f) AUTHORIZATION OF APPROPRIATIONS.— local ICAC task force shall contribute (D) Statistics that account for the disposi- There are authorized to be appropriated for matching non-Federal funds in an amount tion of investigations that do not result in fiscal years 2009 through 2013, $2,000,000 to equal to not less than 25 percent of the arrests or prosecutions, such as referrals to carry out the provisions of this section. amount of funds received by the State or other law enforcement. TITLE III—EFFECTIVE CHILD local ICAC task force under subparagraph (E) The number of investigative technical PORNOGRAPHY PROSECUTION (A). A State or local ICAC task force that is assistance sessions that the task force pro- SEC. 301. PROHIBIT THE BROADCAST OF LIVE IM- not able or willing to contribute matching vided to nonmember law enforcement agen- AGES OF CHILD ABUSE. funds in accordance with this subparagraph cies. Section 2251 of title 18, United States Code shall not be eligible for funds under subpara- (F) The number of computer forensic ex- is amended— graph (A). aminations that the task force completed. (1) in subsection (a), by— (C) WAIVER.—The Attorney General may (G) The number of law enforcement agen- (A) inserting ‘‘or for the purpose of trans- waive, in whole or in part, the matching re- cies participating in Internet crimes against mitting a live visual depiction of such con- quirement under subparagraph (B) if the children program standards established by duct’’ after ‘‘for the purpose of producing State or local ICAC task force demonstrates the task force. any visual depiction of such conduct’’; good cause or financial hardship. (2) REPORT TO CONGRESS.—Not later than 1 (B) inserting ‘‘or transmitted’’ after ‘‘if (b) APPLICATION.— year after the date of enactment of this Act, such person knows or has reason to know (1) IN GENERAL.—Each State or local ICAC the Attorney General shall submit a report that such visual depiction will be trans- task force seeking a grant under this section to Congress on— ported’’; shall submit an application to the Attorney (A) the progress of the development of the (C) inserting ‘‘or transmitted’’ after ‘‘if General at such time, in such manner, and ICAC Task Force Program established under that visual depiction was produced’’; and accompanied by such information as the At- section 102; and (D) inserting ‘‘or transmitted’’ after ‘‘has torney General may reasonably require. (B) the number of Federal and State inves- actually been transported’’; and (2) CONTENTS.—Each application submitted tigations, prosecutions, and convictions in (2) in subsection (b), by— pursuant to paragraph (1) shall— the prior 12-month period related to child ex- (A) inserting ‘‘or for the purpose of trans- (A) describe the activities for which assist- ploitation. mitting a live visual depiction of such con- ance under this section is sought; and duct’’ after ‘‘for the purpose of producing (B) provide such additional assurances as SEC. 107. AUTHORIZATION OF APPROPRIATIONS. any visual depiction of such conduct’’; the Attorney General determines to be es- (a) IN GENERAL.—There are authorized to (B) inserting ‘‘or transmitted’’ after ‘‘per- sential to ensure compliance with the re- be appropriated to carry out this title— son knows or has reason to know that such quirements of this title. (1) $60,000,000 for fiscal year 2009; visual depiction will be transported’’; (c) ALLOWABLE USES.—Grants awarded (2) $60,000,000 for fiscal year 2010; (C) inserting ‘‘or transmitted’’ after ‘‘if under this section may be used to— (3) $60,000,000 for fiscal year 2011; that visual depiction was produced’’; and (1) hire personnel, investigators, prosecu- (4) $60,000,000 for fiscal year 2012; and (D) inserting ‘‘or transmitted’’ after ‘‘has tors, education specialists, and forensic spe- (5) $60,000,000 for fiscal year 2013. actually been transported’’. cialists; SEC. 302. AMENDMENT TO SECTION 2256 OF (2) establish and support forensic labora- (b) AVAILABILITY.—Funds appropriated TITLE 18, UNITED STATES CODE. tories utilized in Internet crimes against under subsection (a) shall remain available Section 2256(5) of title 18, United States children investigations; until expended. Code is amended by—

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(1) striking ‘‘and’’ before ‘‘data’’; TITLE V—SECURING ADOLESCENTS FROM ‘‘(4) IMAGES OF APPARENT CHILD PORNOG- (2) after ‘‘visual image’’ by inserting ‘‘, and ONLINE EXPLOITATION RAPHY.—Any image of apparent child pornog- data which is capable of conversion into a SEC. 501. REPORTING REQUIREMENTS OF ELEC- raphy relating to the incident such report is visual image that has been transmitted by TRONIC COMMUNICATION SERVICE regarding. any means, whether or not stored in a per- PROVIDERS AND REMOTE COM- ‘‘(5) COMPLETE COMMUNICATION.—The com- manent format’’. PUTING SERVICE PROVIDERS. plete communication containing any image SEC. 303. AMENDMENT TO SECTION 2260 OF (a) IN GENERAL.—Chapter 110 of title 18, of apparent child pornography, including— TITLE 18, UNITED STATES CODE. United States Code, is amended by inserting ‘‘(A) any data or information regarding the Section 2260(a) of title 18, United States after section 2258 the following: transmission of the communication; and Code, is amended by— ‘‘SEC. 2258A. REPORTING REQUIREMENTS OF ‘‘(B) any images, data, or other digital files (1) inserting ‘‘or for the purpose of trans- ELECTRONIC COMMUNICATION contained in, or attached to, the communica- mitting a live visual depiction of such con- SERVICE PROVIDERS AND REMOTE tion. duct’’ after ‘‘for the purpose of producing COMPUTING SERVICE PROVIDERS. ‘‘(c) FORWARDING OF REPORT TO LAW EN- any visual depiction of such conduct’’; and ‘‘(a) DUTY TO REPORT.— FORCEMENT.— (2) inserting ‘‘or transmitted’’ after ‘‘im- ‘‘(1) IN GENERAL.—Whoever, while engaged ‘‘(1) IN GENERAL.—The National Center for ported’’. in providing an electronic communication Missing and Exploited Children shall forward service or a remote computing service to the SEC. 304. PROHIBITING THE ADAPTATION OR each report made under subsection (a)(1) to MODIFICATION OF AN IMAGE OF AN public through a facility or means of inter- any appropriate law enforcement agency des- IDENTIFIABLE MINOR TO PRODUCE state or foreign commerce, obtains actual ignated by the Attorney General under sub- CHILD PORNOGRAPHY. knowledge of any facts or circumstances de- section (d)(2). (a) OFFENSE.—Subsection (a) of section scribed in paragraph (2) shall, as soon as rea- ‘‘(2) STATE AND LOCAL LAW ENFORCEMENT.— 2252A of title 18, United States Code, is sonably possible— The National Center for Missing and Ex- amended— ‘‘(A) provide to the CyberTipline of the Na- ploited Children may forward any report (1) in paragraph (5), by striking ‘‘; or’’ at tional Center for Missing and Exploited Chil- made under subsection (a)(1) to an appro- the end and inserting a semicolon; dren, or any successor to the CyberTipline priate law enforcement official of a State or (2) in paragraph (6), by striking the period operated by such center, the mailing address, political subdivision of a State for the pur- at the end and inserting ‘‘; or’’; and telephone number, facsimile number, elec- pose of enforcing State criminal law. (3) by inserting after paragraph (6) the fol- tronic mail address of, and individual point ‘‘(3) FOREIGN LAW ENFORCEMENT.— lowing: of contact for, such electronic communica- ‘‘(A) IN GENERAL.—The National Center for ‘‘(7) knowingly produces with intent to dis- tion service provider or remote computing Missing and Exploited Children may forward tribute, or distributes, by any means, includ- service provider; and any report made under subsection (a)(1) to ing a computer, in or affecting interstate or ‘‘(B) make a report of such facts or cir- any appropriate foreign law enforcement foreign commerce, child pornography that is cumstances to the CyberTipline, or any suc- agency designated by the Attorney General an adapted or modified depiction of an iden- cessor to the CyberTipline operated by such under subsection (d)(3), subject to the condi- tifiable minor.’’. center. tions established by the Attorney General (b) PUNISHMENT.—Subsection (b) of section ‘‘(2) FACTS OR CIRCUMSTANCES.—The facts under subsection (d)(3). 2252A of title 18, United States Code, is or circumstances described in this paragraph ‘‘(B) TRANSMITTAL TO DESIGNATED FEDERAL amended by adding at the end the following: are any facts or circumstances from which AGENCIES.—If the National Center for Miss- ‘‘(3) Whoever violates, or attempts or con- there is an apparent violation of— ing and Exploited Children forwards a report spires to violate, subsection (a)(7) shall be ‘‘(A) section 2251, 2251A, 2252, 2252A, 2252B, to a foreign law enforcement agency under fined under this title or imprisoned not more or 2260 that involves child pornography; or subparagraph (A), the National Center for than 15 years, or both.’’. ‘‘(B) section 1466A. Missing and Exploited Children shall concur- TITLE IV—NATIONAL INSTITUTE OF ‘‘(b) CONTENTS OF REPORT.—To the extent rently provide a copy of the report and the JUSTICE STUDY OF RISK FACTORS the information is within the custody or con- identity of the foreign law enforcement trol of an electronic communication service SEC. 401. NIJ STUDY OF RISK FACTORS FOR AS- agency to— provider or a remote computing service pro- SESSING DANGEROUSNESS. ‘‘(i) the Attorney General; or vider, the facts and circumstances included (a) IN GENERAL.—Not later than 1 year ‘‘(ii) the Federal law enforcement agency in each report under subsection (a)(1) may after the date of enactment of this Act, the or agencies designated by the Attorney Gen- include the following information: National Institute of Justice shall prepare a eral under subsection (d)(2). report to identify investigative factors that ‘‘(1) INFORMATION ABOUT THE INVOLVED INDI- reliably indicate whether a subject of an on- VIDUAL.—Information relating to the iden- ‘‘(d) ATTORNEY GENERAL RESPONSIBIL- line child exploitation investigation poses a tity of any individual who appears to have ITIES.— high risk of harm to children. Such a report violated a Federal law described in sub- ‘‘(1) IN GENERAL.—The Attorney General shall be prepared in consultation and coordi- section (a)(2), which may, to the extent rea- shall enforce this section. nation with Federal law enforcement agen- sonably practicable, include the electronic ‘‘(2) DESIGNATION OF FEDERAL AGENCIES.— cies, the National Center for Missing and Ex- mail address, Internet Protocol address, uni- The Attorney General shall designate ploited Children, Operation Fairplay at the form resource locator, or any other identi- promptly the Federal law enforcement agen- Wyoming Attorney General’s Office, the fying information, including self-reported cy or agencies to which a report shall be for- Internet Crimes Against Children Task identifying information. warded under subsection (c)(1). Force, and other State and local law enforce- ‘‘(2) HISTORICAL REFERENCE.—Information ‘‘(3) DESIGNATION OF FOREIGN AGENCIES.— ment. relating to when and how a customer or sub- The Attorney General shall promptly— (b) CONTENTS OF ANALYSIS.—The report re- scriber of an electronic communication serv- ‘‘(A) in consultation with the Secretary of quired by subsection (a) shall include a thor- ice or a remote computing service uploaded, State, designate the foreign law enforcement ough analysis of potential investigative fac- transmitted, or received apparent child por- agencies to which a report may be forwarded tors in on-line child exploitation cases and nography or when and how apparent child under subsection (c)(3); an appropriate examination of investigative pornography was reported to, or discovered ‘‘(B) establish the conditions under which data from prior prosecutions and case files of by the electronic communication service such a report may be forwarded to such identified child victims. provider or remote computing service pro- agencies; and (c) REPORT TO CONGRESS.—Not later than 1 vider, including a date and time stamp and ‘‘(C) develop a process for foreign law en- year after the date of enactment of this Act, time zone. forcement agencies to request assistance the National Institute of Justice shall sub- ‘‘(3) GEOGRAPHIC LOCATION INFORMATION.— from Federal law enforcement agencies in mit a report to the House and Senate Judici- ‘‘(A) IN GENERAL.—Information relating to obtaining evidence related to a report re- ary Committees that includes the findings of the geographic location of the involved indi- ferred under subsection (c)(3). the study required by this section and makes vidual or website, which may include the ‘‘(4) REPORTING DESIGNATED FOREIGN AGEN- recommendations on technological tools and Internet Protocol address or verified billing CIES.—The Attorney General shall maintain law enforcement procedures to help inves- address, or, if not reasonably available, at and make available to the Department of tigators prioritize scarce resources to those least 1 form of geographic identifying infor- State, the National Center for Missing and cases where there is actual hands-on abuse mation, including area code or zip code. Exploited Children, electronic communica- by the suspect. ‘‘(B) INCLUSION.—The information de- tion service providers, remote computing (d) AUTHORIZATION OF APPROPRIATIONS.— scribed in subparagraph (A) may also include service providers, the Committee on the Ju- There are authorized to be appropriated any geographic information provided to the diciary of the Senate, and the Committee on $500,000 to the National Institute of Justice electronic communication service or remote the Judiciary of the House of Representa- to conduct the study required under this sec- computing service by the customer or sub- tives a list of the foreign law enforcement tion. scriber. agencies designated under paragraph (3).

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‘‘(5) SENSE OF CONGRESS REGARDING DES- ‘‘(iii) to such other government personnel ‘‘(4) PROTECTION OF PRESERVED MATE- IGNATION OF FOREIGN AGENCIES.—It is the (including personnel of a State or subdivi- RIALS.—An electronic communications serv- sense of Congress that— sion of a State) as are determined to be nec- ice or remote computing service preserving ‘‘(A) combating the international manufac- essary by an attorney for the government to materials under this section shall maintain turing, possession, and trade in online child assist the attorney in the performance of the the materials in a secure location and take pornography requires cooperation with com- official duties of the attorney in enforcing appropriate steps to limit access by agents petent, qualified, and appropriately trained Federal criminal law; or employees of the service to the materials foreign law enforcement agencies; and ‘‘(iv) if the report discloses a violation of to that access necessary to comply with the ‘‘(B) the Attorney General, in cooperation State criminal law, to an appropriate official requirements of this subsection. with the Secretary of State, should make a of a State or subdivision of a State for the ‘‘(5) AUTHORITIES AND DUTIES NOT AF- substantial effort to expand the list of for- purpose of enforcing such State law; FECTED.—Nothing in this section shall be eign agencies designated under paragraph (3). ‘‘(v) to a defendant in a criminal case or construed as replacing, amending, or other- ‘‘(6) NOTIFICATION TO PROVIDERS.—If an the attorney for that defendant, subject to wise interfering with the authorities and du- electronic communication service provider the terms and limitations under section ties under section 2703. or remote computing service provider noti- 3509(m) or a similar State law, to the extent ‘‘SEC. 2258B. LIMITED LIABILITY FOR ELEC- fies the National Center for Missing and Ex- the information relates to a criminal charge TRONIC COMMUNICATION SERVICE ploited Children that the electronic commu- pending against that defendant; PROVIDERS, REMOTE COMPUTING ‘‘(vi) subject to subparagraph (B), to an SERVICE PROVIDERS, OR DOMAIN nication service provider or remote com- NAME REGISTRAR. puting service provider is making a report electronic communication service provider or remote computing provider if necessary to ‘‘(a) IN GENERAL.—Except as provided in under this section as the result of a request subsection (b), a civil claim or criminal facilitate response to legal process issued in by a foreign law enforcement agency, the Na- charge against an electronic communication connection to a criminal investigation, pros- tional Center for Missing and Exploited Chil- service provider, a remote computing service ecution, or post-conviction remedy relating dren shall— provider, or domain name registrar, includ- to that report; and ‘‘(A) if the Center forwards the report to ing any director, officer, employee, or agent ‘‘(vii) as ordered by a court upon a showing the requesting foreign law enforcement of such electronic communication service of good cause and pursuant to any protective agency or another agency in the same coun- provider, remote computing service provider, orders or other conditions that the court try designated by the Attorney General or domain name registrar arising from the may impose. under paragraph (3), notify the electronic performance of the reporting or preservation IMITATIONS.— communication service provider or remote ‘‘(B) L responsibilities of such electronic commu- computing service provider of— ‘‘(i) LIMITATIONS ON FURTHER DISCLOSURE.— nication service provider, remote computing ‘‘(i) the identity of the foreign law enforce- The electronic communication service pro- service provider, or domain name registrar ment agency to which the report was for- vider or remote computing service provider under this section, section 2258A, or section warded; and shall be prohibited from disclosing the con- 2258C may not be brought in any Federal or ‘‘(ii) the date on which the report was for- tents of a report provided under subpara- State court. warded; or graph (A)(vi) to any person, except as nec- ‘‘(b) INTENTIONAL, RECKLESS, OR OTHER ‘‘(B) notify the electronic communication essary to respond to the legal process. MISCONDUCT.—Subsection (a) shall not apply ‘‘(ii) EFFECT.—Nothing in subparagraph service provider or remote computing service to a claim if the electronic communication (A)(vi) authorizes a law enforcement agency provider if the Center declines to forward the service provider, remote computing service to provide child pornography images to an report because the Center, in consultation provider, or domain name registrar, or a di- electronic communications service provider with the Attorney General, determines that rector, officer, employee, or agent of that or a remote computing service. no law enforcement agency in the foreign electronic communication service provider, ‘‘(3) PERMITTED DISCLOSURES BY THE NA- country has been designated by the Attorney remote computing service provider, or do- TIONAL CENTER FOR MISSING AND EXPLOITED General under paragraph (3). main name registrar— CHILDREN.—The National Center for Missing ‘‘(e) FAILURE TO REPORT.—An electronic ‘‘(1) engaged in intentional misconduct; or and Exploited Children may disclose infor- communication service provider or remote ‘‘(2) acted, or failed to act— mation received in a report under subsection ‘‘(A) with actual malice; computing service provider that knowingly (a) only— and willfully fails to make a report required ‘‘(B) with reckless disregard to a substan- ‘‘(A) to any Federal law enforcement agen- tial risk of causing physical injury without under subsection (a)(1) shall be fined— cy designated by the Attorney General under ‘‘(1) in the case of an initial knowing and legal justification; or subsection (d)(2); ‘‘(C) for a purpose unrelated to the per- willful failure to make a report, not more ‘‘(B) to any State, local, or tribal law en- than $150,000; and formance of any responsibility or function forcement agency involved in the investiga- under this section, sections 2258A, 2258C, ‘‘(2) in the case of any second or subse- tion of child pornography, child exploitation, 2702, or 2703. quent knowing and willful failure to make a kidnapping, or enticement crimes; ‘‘(c) MINIMIZING ACCESS.—An electronic report, not more than $300,000. ‘‘(C) to any foreign law enforcement agen- communication service provider, a remote ‘‘(f) PROTECTION OF PRIVACY.—Nothing in cy designated by the Attorney General under computing service provider, and domain this section shall be construed to require an subsection (d)(3); and name registrar shall— electronic communication service provider ‘‘(D) to an electronic communication serv- ‘‘(1) minimize the number of employees or a remote computing service provider to— ice provider or remote computing service that are provided access to any image pro- ‘‘(1) monitor any user, subscriber, or cus- provider as described in section 2258C. vided under section 2258A or 2258C; and tomer of that provider; ‘‘(h) PRESERVATION.— ‘‘(2) ensure that any such image is perma- ‘‘(2) monitor the content of any commu- ‘‘(1) IN GENERAL.—For the purposes of this nently destroyed, upon a request from a law nication of any person described in para- section, the notification to an electronic enforcement agency to destroy the image. graph (1); or communication service provider or a remote ‘‘SEC. 2258C. USE TO COMBAT CHILD PORNOG- ‘‘(3) affirmatively seek facts or cir- computing service provider by the RAPHY OF TECHNICAL ELEMENTS cumstances described in sections (a) and (b). CyberTipline of receipt of a report under sub- RELATING TO IMAGES REPORTED ‘‘(g) CONDITIONS OF DISCLOSURE INFORMA- section (a)(1) shall be treated as a request to TO THE CYBERTIPLINE. TION CONTAINED WITHIN REPORT.— preserve, as if such request was made pursu- ‘‘(a) ELEMENTS.— ‘‘(1) IN GENERAL.—Except as provided in ant to section 2703(f). ‘‘(1) IN GENERAL.—The National Center for paragraph (2), a law enforcement agency that ‘‘(2) PRESERVATION OF REPORT.—Pursuant Missing and Exploited Children may provide receives a report under subsection (c) shall to paragraph (1), an electronic communica- elements relating to any apparent child por- not disclose any information contained in tion service provider or a remote computing nography image of an identified child to an that report. service shall preserve the contents of the re- electronic communication service provider ‘‘(2) PERMITTED DISCLOSURES BY LAW EN- port provided pursuant to subsection (b) for or a remote computing service provider for FORCEMENT.— 90 days after such notification by the the sole and exclusive purpose of permitting ‘‘(A) IN GENERAL.—A law enforcement CyberTipline. that electronic communication service pro- agency may disclose information in a report ‘‘(3) PRESERVATION OF COMMINGLED IM- vider or remote computing service provider received under subsection (c)— AGES.—Pursuant to paragraph (1), an elec- to stop the further transmission of images. ‘‘(i) to an attorney for the government for tronic communication service provider or a ‘‘(2) INCLUSIONS.—The elements authorized use in the performance of the official duties remote computing service shall preserve any under paragraph (1) may include hash values of that attorney; images, data, or other digital files that are or other unique identifiers associated with a ‘‘(ii) to such officers and employees of that commingled or interspersed among the im- specific image, Internet location of images, law enforcement agency, as may be nec- ages of apparent child pornography within a and other technological elements that can be essary in the performance of their investiga- particular communication or user-created used to identify and stop the transmission of tive and recordkeeping functions; folder or directory. child pornography.

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‘‘(3) EXCLUSION.—The elements authorized erations, the use of motor vehicles, or per- ties that participate in information sharing under paragraph (1) may not include the ac- sonnel management. under this Act; tual images. ‘‘(d) MINIMIZING ACCESS.—The National (2) an assessment of the legal and constitu- ‘‘(b) USE BY ELECTRONIC COMMUNICATION Center for Missing and Exploited Children tional implications of such structure; SERVICE PROVIDERS AND REMOTE COMPUTING shall— (3) the privacy safeguards contained in the SERVICE PROVIDERS.—Any electronic commu- ‘‘(1) minimize the number of employees reporting requirements, including the train- nication service provider or remote com- that are provided access to any image pro- ing, qualifications, recruitment and screen- puting service provider that receives ele- vided under section 2258A; and ing of all Federal and non-Federal personnel ments relating to any apparent child pornog- ‘‘(2) ensure that any such image is perma- implementing this Act; and raphy image of an identified child from the nently destroyed upon notification from a (4) information relating to the aggregate National Center for Missing and Exploited law enforcement agency. number of incidents reported under section Children under this section may use such in- ‘‘SEC. 2258E. DEFINITIONS. 2258A(b) of title 18, United States Code, to formation only for the purposes described in ‘‘In sections 2258A through 2258D— Federal and State law enforcement agencies this section, provided that such use shall not ‘‘(1) the terms ‘attorney for the govern- based on the reporting requirements under relieve that electronic communication serv- ment’ and ‘State’ have the meanings given this Act and the aggregate number of times ice provider or remote computing service those terms in rule 1 of the Federal Rules of that elements are provided to communica- provider from its reporting obligations under Criminal Procedure; tion service providers under section 2258C of section 2258A. ‘‘(2) the term ‘electronic communication such title. ‘‘(c) LIMITATIONS.—Nothing in subsections service’ has the meaning given that term in (b) GAO AUDIT AND REPORT ON EFFICIENCY (a) or (b) requires electronic communication section 2510; AND EFFECTIVENESS.—Not later than 2 years service providers or remote computing serv- ‘‘(3) the term ‘electronic mail address’ has after the date of enactment of this Act, the ice providers receiving elements relating to the meaning given that term in section 3 of Comptroller General shall conduct an audit any apparent child pornography image of an the CAN–SPAM Act of 2003 (15 U.S.C. 7702); and submit a report to the Committee on the identified child from the National Center for ‘‘(4) the term ‘Internet’ has the meaning Judiciary of the Senate and to the Com- Missing and Exploited Children to use the given that term in section 1101 of the Inter- mittee on the Judiciary of the House of Rep- elements to stop the further transmission of net Tax Freedom Act (47 U.S.C. 151 note); resentatives on— the images. ‘‘(5) the term ‘remote computing service’ (1) the efforts, activities, and actions of the ‘‘(d) PROVISION OF ELEMENTS TO LAW EN- has the meaning given that term in section CyberTipline of the National Center for FORCEMENT.—The National Center for Miss- 2711; and Missing and Exploited Children, or any suc- ing and Exploited Children shall make avail- ‘‘(6) the term ‘website’ means any collec- cessor to the CyberTipline, and the Attorney able to Federal, State, and local law enforce- tion of material placed in a computer server- General in achieving the goals and purposes ment involved in the investigation of child based file archive so that it is publicly acces- of this Act, as well as in carrying out any re- pornography crimes elements, including sible, over the Internet, using hypertext sponsibilities or duties assigned to each such hash values, relating to any apparent child transfer protocol or any successor pro- individual or agency under this Act; pornography image of an identified child re- tocol.’’. (2) any legislative, administrative, or regu- ported to the National Center for Missing (b) TECHNICAL AND CONFORMING AMEND- latory changes that the Comptroller General and Exploited Children. MENTS.— recommends be taken by or on behalf of the ‘‘(e) USE BY LAW ENFORCEMENT.—Any Fed- (1) REPEAL OF SUPERCEDED PROVISION.—Sec- Attorney General to better achieve such eral, State, or local law enforcement agency tion 227 of the Crime Control Act of 1990 (42 goals and purposes, and to more effectively that receives elements relating to any appar- U.S.C. 13032) is repealed. carry out such responsibilities and duties; ent child pornography image of an identified (2) TECHNICAL CORRECTIONS.—Section 2702 (3) the effectiveness of any actions taken child from the National Center for Missing of title 18, United States Code, is amended— and efforts made by the CyberTipline of the and Exploited Children under section (d) (A) in subsection (b)(6), by striking ‘‘sec- National Center for Missing and Exploited may use such elements only in the perform- tion 227 of the Victims of Child Abuse Act of Children, or any successor to the ance of the official duties of that agency to 1990 (42 U.S.C. 13032)’’ and inserting ‘‘section CyberTipline and the Attorney General to— investigate child pornography crimes. 2258A’’; and (A) minimize duplicating the efforts, mate- ‘‘SEC. 2258D. LIMITED LIABILITY FOR THE NA- (B) in subsection (c)(5), by striking ‘‘sec- rials, facilities, and procedures of any other TIONAL CENTER FOR MISSING AND tion 227 of the Victims of Child Abuse Act of Federal agency responsible for the enforce- EXPLOITED CHILDREN. 1990 (42 U.S.C. 13032)’’ and inserting ‘‘section ment, investigation, or prosecution of child ‘‘(a) IN GENERAL.—Except as provided in 2258A’’. pornography crimes; and subsections (b) and (c), a civil claim or (3) TABLE OF SECTIONS.—The table of sec- (B) enhance the efficiency and consistency criminal charge against the National Center tions for chapter 110 of title 18, United with which Federal funds and resources are for Missing and Exploited Children, includ- States Code, is amended by inserting after expended to enforce, investigate, or pros- ing any director, officer, employee, or agent the item relating to section 2258 the fol- ecute child pornography crimes, including of such center, arising from the performance lowing: the use of existing personnel, materials, of the CyberTipline responsibilities or func- ‘‘2258A. Reporting requirements of electronic technologies, and facilities; and tions of such center, as described in this sec- communication service pro- (4) any actions or efforts that the Comp- tion, section 2258A or 2258C of this title, or viders and remote computing troller General recommends be taken by the section 404 of the Missing Children’s Assist- service providers. Attorney General to reduce duplication of ef- ance Act (42 U.S.C. 5773), or from the effort ‘‘2258B. Limited liability for electronic com- forts and increase the efficiency and consist- of such center to identify child victims may munication service providers ency with which Federal funds and resources not be brought in any Federal or State and remote computing service are expended to enforce, investigate, or pros- court. providers. ecute child pornography crimes. ‘‘(b) INTENTIONAL, RECKLESS, OR OTHER ‘‘2258C. Use to combat child pornography of SEC. 503. SEVERABILITY. MISCONDUCT.—Subsection (a) shall not apply technical elements relating to If any provision of this title or amendment to a claim or charge if the National Center images reported to the made by this title is held to be unconstitu- for Missing and Exploited Children, or a di- CyberTipline. tional, the remainder of the provisions of rector, officer, employee, or agent of such ‘‘2258D. Limited liability for the National this title or amendments made by this center— Center for Missing and Ex- title— ‘‘(1) engaged in intentional misconduct; or ploited Children. (1) shall remain in full force and effect; and ‘‘(2) acted, or failed to act— ‘‘2258E. Definitions.’’. (2) shall not be affected by the holding. ‘‘(A) with actual malice; SEC. 502. REPORTS. The SPEAKER pro tempore. Pursu- ‘‘(B) with reckless disregard to a substan- (a) ATTORNEY GENERAL REPORT ON IMPLE- tial risk of causing injury without legal jus- MENTATION, INVESTIGATIVE METHODS AND IN- ant to the rule, the gentleman from tification; or FORMATION SHARING.—Not later than 12 Michigan (Mr. CONYERS) and the gen- ‘‘(C) for a purpose unrelated to the per- months after the date of enactment of this tleman from Texas (Mr. SMITH) each formance of any responsibility or function Act, the Attorney General shall submit a re- will control 20 minutes. under this section, section 2258A or 2258C of port to the Committee on the Judiciary of The Chair recognizes the gentleman this title, or section 404 of the Missing Chil- Senate and the Committee on the Judiciary from Michigan. dren’s Assistance Act (42 U.S.C. 5773). of the House of Representatives on— GENERAL LEAVE ‘‘(c) ORDINARY BUSINESS ACTIVITIES.—Sub- (1) the structure established in this Act, section (a) shall not apply to an act or omis- including the respective functions of the Na- Mr. CONYERS. Mr. Speaker, I ask sion relating to an ordinary business activ- tional Center for Missing and Exploited Chil- unanimous consent that all Members ity, including general administration or op- dren, Department of Justice, and other enti- have 5 days to revise and extend their

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00118 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.004 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22800 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 remarks and include extraneous mate- The children depicted in these photos needed forensic crime and computer rial. are very young. There are even Web labs so agents can uncover troves of The SPEAKER pro tempore. Is there sites that provide live pay-per-view electronic evidence, locate these per- objection to the request of the gen- rates of very young children. These im- petrators and bring them to justice. tleman from Michigan? ages are crime scene photos created by At the October Judiciary Committee There was no objection. a thriving industry that uses children hearing, a representative from the FBI Mr. CONYERS. Mr. Speaker, I yield as sexual commodities. told us two things that boggled my myself such time as I may consume. Special Agent Flint Waters of the mind: First, that the number of agents Members, the PROTECT Our Chil- Wyoming State Police, a highly re- being exclusively assigned to these dren Act enhances the ability of Fed- spected child exploitation investigator, cases was actually shrinking, and sec- eral and State law enforcement offi- testified at a Judiciary Committee ond, that they are giving millions of cials to investigate and prosecute hearing last year that there are nearly dollars that Congress had appropriated crimes involving the use of the Inter- 500,000 identified individuals in the to combat child pornography to pro- net to further the sexual exploitation United States trafficking child pornog- grams that have nothing to do with of children. raphy on the Internet. That’s half a child protection. Our colleague, DEBBIE WASSERMAN million people right here in the United This bill will set us on a new course SCHULTZ of Florida, is the author of States. And law enforcement knows by creating a National Strategy for this amendment. It passed overwhelm- Child Exploitation Prevention. And al- who they are and they know where ingly last year. And I would yield her though I preferred the special counsel they are. But what shocked me the as much time as she may consume. provision in the House bill, I am proud most and what compelled me to get in- Ms. WASSERMAN SCHULTZ. Mr. to support this measure because this volved in this issue is that, due to a Speaker, I rise today to urge my col- national strategy will ensure that the lack of resources, law enforcement is leagues to support Senate bill 1738, the Federal Government’s efforts in this investigating less than 2 percent of PROTECT Our Children Act of 2008. era are no longer disjointed or hap- these known 500,000 individuals. And Mr. Speaker, I don’t have to tell you hazard. Instead, there will finally be a make no mistake, law enforcement that children today are growing up in a person in charge at the Department of knows where they are, they just don’t completely different world than we did. Justice who will report to Congress and Our children have wonderful opportuni- have the resources to go get them. be responsible for real results. ties to learn in ways that we never had, Even more shocking is that it is esti- I want to thank my House cosponsor, but there are also dangers our genera- mated that if we were to investigate Ranking Member JOE BARTON, for his tion never had to consider. these cases, we could actually rescue a leadership, his concern, and his com- The Internet has facilitated an ex- child victim nearly 30 percent of the passion for our children and their safe- ploding multibillion dollar market for time. ty. And thank you, Senator BIDEN, for child pornography. Tragically, the de- b 1745 your capable staff and for your tireless mand for this criminal market can work in the Senate. Your skilled nego- only be supplied by graphic new im- Think about that. That means there are thousands of children out there in tiations helped us arrive at this mo- ages, and these images can only be sup- ment. Thank you to NCMEC President plied through the sexual assault of America just waiting to be rescued. Alicia Kozakiewicz, whose testimony Ernie Allen and my good friend and more children. colleague from Houston, Congressman This bill, like its House companion, at last October’s judiciary hearing moved all of us, is a living, breathing Nick Lampson, for your improvements H.R. 3845, that passed the House over- to the bill with the SAFE Act. And reminder of the lives that we can save. whelmingly last November, addresses honestly, thank you, Oprah Winfrey Alicia told us how over a period of an issue that is central to the goals and all of your viewers for every letter, months she was groomed by a 40-year- and vision of Speaker NANCY PELOSI every telephone call, every fax and old predator pretending to be a teenage and the New Direction Congress, pro- every e-mail. You helped break the girl. When Alicia, who was 13 years old tecting our children. Senate logjam and proved that Con- at the time, agreed to meet her cyber- The Internet is a truly wonderful gress is responsive to the people. tool. It has opened up the world for our friend in real life, he kidnapped her Thank you, Erin Runnion, Ed Smart, children, but it has also opened up our from her suburban Pittsburgh driveway Mary Kozakiewicz, names that are far children to the world. and held her captive in his Virginia too familiar to Americans because of A year ago, in June, I visited with a dungeon where he performed unspeak- the travesty that happened to their very special group of parents called the able sexual acts upon her day after day children, and to all the founding mem- Surviving Parents Coalition, and I was and broadcast it over the Internet. bers of the Surviving Parents Coali- not prepared for what they had to tell Just when Alicia told us that she had tion. When this bill got mired in petty me. They shared with me their own given up all hope, she was rescued by partisan politics, they helped us re- horrific stories of how their children FBI agents. member what our effort was really were abducted by sexual predators. As The FBI found her because the Vir- about. It is about Samantha, it is we all know, some of these children ginia Internet Crimes Against Children about Elizabeth, and it is about Alicia. will never come home. Task Force, or ICAC, had the tech- It is making sure we rescue every child As the mother of three young chil- nology to lift the digital fingerprints of we can and that we leave none behind. dren myself, their stories broke my this perpetrator’s crimes and to dis- And thank you to Flint Waters for de- heart. And as a Member of Congress, I cover the location where he had held veloping the software to locate preda- felt compelled to act. What surprised her captive chained to the floor. tors and rescue children. Your work me most about these brave parents was The PROTECT Our Children Act will and the work of the ICAC Task Force their message; they told me that if we help provide the safety net that we so agents across this country from wanted to prevent predators from hurt- desperately need by giving us the re- Broward County, Florida to Wyoming, ing other children like theirs, that the sources and the coordination we need who wake up every morning, work long way to do it is to go back through the to bring these predators to justice. It hours each day, only to go home at Internet and get them. will create statutory authority for night knowing they don’t have the re- A 2005 Justice Department study these highly successful ICAC Task sources or staffing power to rescue found that 80 percent of child pornog- Forces, which support State and local every child. The angst that must cause raphy possessors have images and vid- law enforcement agencies. It will sup- is unimaginable. eos of children being sexually pene- plement this new local effort with hun- Last and certainly not least, I want trated, another 21 percent possess im- dreds of new Federal agents who will be to commend the inexhaustible deter- ages of bondage, sadistic abuse, and solely dedicated to crimes against chil- mination of Grier Weeks, Camille Coo- torture. dren. It will also provide desperately per, David Keith and all our friends

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00119 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.004 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22801 with the National Association to PRO- raphy. This legislation will help deter and know of organizations that ac- TECT Children. They kept our noses to it. tively look for Internet child preda- the grindstone and our eyes on the I urge my colleagues to support the tors. We need to become partners in prize. And we would never be here bill, and I reserve the balance of my this fight by talking to our kids about without their effort. They have shown time. the dangers of strangers online and us what we can do when Congress Mr. CONYERS. Mr. Speaker, I’m making Internet use a family activity. comes together and puts partisan dif- pleased now to yield to our friend, Nick While parents should teach their chil- ferences aside. Lampson, the gentleman from Texas, dren that the Internet offers many dif- Mr. SMITH of Texas. Mr. Speaker, I who has worked on this subject for ferent types of resources, from enter- yield myself such time as I may con- many years. And I am happy to yield tainment to educational, it also poses sume. him as much time as he may consume. many risks. Parents are the first line Mr. Speaker, first of all, credit goes Mr. LAMPSON. Thank you, Mr. of defense against online predators, and to the gentlewoman from Florida, Con- Chairman, for allowing me to speak the SAFE Act will reinforce their ef- gresswoman WASSERMAN SCHULTZ, for and also for the good work that has forts. introducing this bill in the House and been done on this bill and everything Internet companies will need to do for advancing this piece of legislation that you and your committee has done. their part too. When we begin to hold to the point where we are considering Mr. Speaker, I do rise today to ask Web sites accountable for the images my colleagues to join me in voting for it today. that they host, we’ve taken the first S. 1738. This bill would authorize funds Child pornography is a reprehensible, step towards supporting parents in for Federal grants and additional FBI yet profitable, global criminal enter- their efforts to protect children. Our agents to address the problem of online prise. And it is growing rapidly in tech- combined efforts will help make the exploitation of children as well as to nical sophistication in response to ef- Internet a safer place. establish a new anti-child-exploitation forts to detect and disrupt these crimi- I would like to extend a ‘‘thank you’’ office at the Department of Justice as nal operations. It is a despicable and to my colleague, Deborah Wasserman well. And this has been combined with vicious victimization of children. Schultz, for introducing the House- the Securing Adolescents From Online- The Internet is a virtual playground passed version of Senate bill 1738. I for sexual predators who satiate their Exploitation Act of 2007. The Lampson-Chabot bill, which would also like to wish her a happy desire for child pornography with rel- passed this body last December, mod- birthday. She has been a tireless advo- ative anonymity. Law enforcement of- ernizes and expands the reporting re- cate for additional funding for Internet ficials have identified nearly 500,000 in- quirements relating to child pornog- Crimes Against Children Task Forces. I dividuals trafficking in child pornog- raphy and expands cooperation in com- would also like to recognize my fellow raphy over the Internet. However, due bating child pornography. Last year I caucus cochair, Steve Chabot, for to the lack of resources at the Federal, joined one of my cochairs on the Con- championing this legislation on his State and local levels, law enforcement gressional Caucus on Missing and Ex- side of the aisle and for helping to en- officials are able to investigate only ploited Children, Congressman Steve sure that not only are Ohio’s children about 2 percent of these child pornog- Chabot, in introducing the Securing protected, but all of America’s children raphers. Adolescents From Exploitation-Online, are. It is because of their persistent S. 1738, the Combating Child Exploi- the SAFE Act of 2007. dedication to this cause that so many tation Act of 2008, will assist law en- The SAFE Act provides increased re- children and their parents will sleep forcement officials with apprehending sources for law enforcement to capture, more safely at night. these dangerous predators. This legis- prosecute and incarcerate these crimi- Again I call on my colleagues to sup- lation combines two House bills, H.R. nals. By expanding the system to serv- port Senate bill 1738. 3845, the PROTECT Our Children Act ice providers to report child pornog- Mr. BARTON of Texas. Mr. Speaker, I stand and H.R. 3791, the SAFE Act, both of raphy found on their systems, we im- today in support of the ‘‘Protect our Children which passed the House last year with prove child safety and prevent future Act,’’ a bill that will authorize funding for law overwhelming support. atrocities. enforcement and the Department of Justice to This legislation establishes a na- Currently Internet service providers fight the sexual exploitation of children over tional strategy for child exploitation are mandated to report child pornog- the Internet. prevention and interdiction and pro- raphy to the National Center for Miss- This bill is the result of over two years of vides additional funding for the Inter- ing and Exploited Children. Under the work in the House and the Senate on the net Crimes Against Children Task SAFE Act, all electronic service com- issues relating to child sexual exploitation. Forces. These multi-jurisdictional task munications providers and remote When I was Chairman of the Energy and forces are on the front-lines of com- computing service providers will have Commerce Committee, the Committee con- bating Internet child pornography. to report child pornography. For know- ducted a wide-ranging, comprehensive inves- State and local agencies will now be ingly and willingly not filing a report tigation of Internet child pornography. We had given much-needed resources to com- after being made aware of a child por- nine hearings and interviewed numerous wit- bat this growing problem. nography image, these providers will nesses involved in the fight against child sex- S. 1738 also provides critical funding be subject to increased fines of $150,000 ual exploitation: Federal and local law enforce- to expand computer forensic capabili- per image per day for the first offense ment, Federal and local prosecutors, victims, ties for child exploitation cases at the and up to $300,000 per day for any image educators, Internet Service Providers, and fi- Regional Computer Forensic Labs found thereafter. nancial institutions. across the country. This bill will also increase the effi- What we learned during that investigation Finally, title V of S. 1738, which in- ciency of the CyberTipline, making it a was shocking. At that time, three million im- corporates the provisions of the SAFE better investigative tool for law en- ages of child pornography were on the Inter- Act, will strengthen the requirements forcement by mandating that all infor- net. Even more disturbing was that law en- on Internet service providers to report mation submitted by providers is con- forcement officers told the Committee that the violations of child pornography laws. It sistent. The process outlined in this images were becoming increasingly violent in also enhances the ability of the Na- bill keeps law enforcement officials in nature, and that the victims in the photos were tional Center for Missing and Exploited the loop by making information more getting younger, some as young as two years Children to collect and report sus- readily accessible and requires pro- old. pected instances of child pornography viders to retain key data that law en- The children shown in those images suffer to law enforcement agencies across forcement agencies can use to inves- unspeakable pain and suffering. While law en- America and around the world. tigate and prosecute child predators. forcement is working to tackle the epidemic of The Internet has become a magnet Many of us have watched Dateline’s abuse that existed on the Internet, it was clear for child exploitation and child pornog- popular series ‘‘To Catch a Predator’’ to us on the Committee that they did not have

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00120 Fmt 0688 Sfmt 9920 E:\BR08\H27SE8.004 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22802 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 the resources to win that fight because child ported. This bill sets out what must be in- CONYERS) that the House suspend the predators were working just as diligently to cluded in the reports and what the providers rules and pass the Senate bill, S. 1738. continue flooding the Internet with images of are required to do. This will ensure that law The question was taken; and (two- child sexual abuse. enforcement will have all the evidence the pro- thirds being in the affirmative) the I am proud to be the lead cosponsor of the viders have when they pursue child predators. rules were suspended and the Senate House version of this bill, H.R. 3845, with I think this is important, because our investiga- bill was passed. Congresswoman WASSERMAN-SCHULTZ. I tion showed that Internet child pornography is A motion to reconsider was laid on would like to thank her for her leadership on not just a law enforcement problem. If we are the table. this issue and her work to get this bill before to win the war against child sexual exploi- f us today before we adjourn. The Senate did tation, everyone must do his part, and this in- DRUG TRAFFICKING VESSEL make some changes to the bill we passed last cludes the Internet Service Providers. INTERDICTION ACT OF 2008 November. While I wish this bill had increased We are long overdue in authorizing the re- the funding for the law enforcement agencies sources law enforcement needs to fight the Mr. CONYERS. Mr. Speaker, I move that work child pornography cases—as our battle against the sexual exploitation of chil- to suspend the rules and pass the Sen- House bill did—this bill provides law enforce- dren over the Internet. The children who have ate bill (S. 3598) to amend titles 46 and ment with tools it did not have before to fight been abused by predators, and who have 18, United States Code, with respect to those predators who seek to exploit and seen images of that abuse spread over the the operation of submersible vessels abuse children, often for their own financial Internet, cannot wait one more day. We must and semi-submersible vessels without gain. ensure that the efforts of child predators are nationality. The bill requires that the Department of Jus- more than matched by an aggressive law en- The Clerk read the title of the Senate tice develop a national strategy for inves- forcement strategy to bring these criminals to bill. tigating and prosecuting child exploitation justice. Our children deserve nothing less. I The text of the Senate bill is as fol- cases. A number of law enforcement agencies urge my colleagues to support the Protect Our lows: are involved in investigating these cases: the Children Act. S. 3598 FBI, Immigration and Customs Enforcement, Mr. CHABOT. Mr. Speaker, I rise in strong Be it enacted by the Senate and House of Rep- the Postal Service, and state law enforcement. support of 1738, the PROTECT Act, and in resentatives of the United States of America in With a national strategy, the Justice Depart- particular those provisions taken from the Se- Congress assembled, ment must make sure that this fight is a pri- curing Adolescents From Exploitation-Online SECTION 1. SHORT TITLE. ority, and that everyone is on the same page Act of 2107, which passed the House last De- This Act may be cited as the ‘‘Drug Traf- ficking Vessel Interdiction Act of 2008’’. so that valuable law enforcement resources cember. I would like to acknowledge the ef- are not wasted when pursuing these criminals. forts of the author of the SAFE Act, the distin- TITLE I—CRIMINAL PROHIBITION A national strategy doesn’t work, though, if guished gentleman from Texas, Mr. LAMPSON. SEC. 101. FINDINGS AND DECLARATIONS. you don’t give law enforcement agents the re- He and I have worked closely on several bills Congress finds and declares that operating sources they need. The Energy and Com- to strengthen our child protection laws. or embarking in a submersible vessel or semi-submersible vessel without nationality merce Committee investigation found that just We don’t have to look any farther than our and on an international voyage is a serious as important as the Federal law enforcement homes and communities to see that predators international problem, facilitates trans-na- effort against child pornography is the effort of are threatening and victimizing our children tional crime, including drug trafficking, and State and local law enforcement Internet with one simple click. The Internet, while pro- terrorism, and presents a specific threat to Crimes Against Children, or ‘‘ICAC’’ task viding a world of opportunity to our children, the safety of maritime navigation and the forces. The vast majority of child sexual ex- has also contributed to a worldwide expansion security of the United States. ploitation cases are prosecuted at the state of child pornography—enabling online preda- SEC. 102. OPERATION OF SUBMERSIBLE VESSEL level, but the funding nowhere near matched OR SEMI-SUBMERSIBLE VESSEL tors to more easily abuse, exploit, and prey on WITHOUT NATIONALITY. the needs of these state task forces. By au- our children. (a) IN GENERAL.—Chapter 111 of title 18, thorizing $60 million per year over the next S. 1738 recognizes that a comprehensive United States Code, is amended by adding at five years, the Protect Our Children Act en- strategy, one that mobilizes the resources of the end the following new section: sures that state ICAC agents will finally re- the community as well as local, state, and fed- ‘‘§ 2285. OPERATION OF SUBMERSIBLE ceive the support they need. eral law enforcement, is necessary to crack VESSEL OR SEMI-SUBMERSIBLE VESSEL Another key problem identified in our inves- down on these criminals. Moreover, S. 1738 WITHOUT NATIONALITY. tigation was that law enforcement’s ability to recognizes that by building on the investigative ‘‘(a) OFFENSE.—Whoever knowingly oper- find and prosecute those predators who create tools already in place under the leadership of ates, or attempts or conspires to operate, by and distribute child pornography was held up the National Center for Missing and Exploited any means, or embarks in any submersible by a backlog at forensic computer labs. This Children, law enforcement officials and the vessel or semi-submersible vessel that is is unacceptable, when the price of that back- public can provide and receive valuable infor- without nationality and that is navigating log is continued child abuse. We address that mation needed for ongoing investigations. or has navigated into, through, or from wa- ters beyond the outer limit of the territorial problem in this bill by authorizing $2 million I would like to thank my colleagues in both sea of a single country or a lateral limit of per year over the next five years to increase the House and Senate for recognizing that our that country’s territorial sea with an adja- the capacity of these labs. laws and resources need to stay current with cent country, with the intent to evade detec- The Protect Our Children Act also includes the advances made in technology. Predators tion, shall be fined under this title, impris- a few provisions that weren’t part of our know no boundaries and have used tech- oned not more than 15 years, or both. House bill, but I think they strengthen the bill nology to their advantage. The PROTECT Act ‘‘(b) EVIDENCE OF INTENT TO EVADE DETEC- and the ability of law enforcement to pros- recognizes that a more comprehensive ap- TION.—For purposes of subsection (a), the ecute these cases. The bill makes it a crime proach is needed to ensure that investigators presence of any of the indicia described in paragraph (1)(A), (E), (F), or (G), or in para- to change a photo of a child to produce child and prosecutors have the tools to stay one graph (4), (5), or (6), of section 70507(b) of pornography. In addition, the bill makes clear click ahead of these criminals. title 46 may be considered, in the totality of that it is a crime to transmit live, or streaming, I urge my colleagues to support passage of the circumstances, to be prima facie evi- images of child abuse over the Internet. I think S. 1738. dence of intent to evade detection. these provisions are just common sense, and Mr. SMITH of Texas. Mr. Speaker, I ‘‘(c) EXTRATERRITORIAL JURISDICTION.— I am glad they are included in this bill. have no other speakers on this bill, and There is extraterritorial Federal jurisdiction The bill also clarifies the responsibilities of I will yield back the balance of my over an offense under this section, including Internet Service Providers when it comes to time. an attempt or conspiracy to commit such an reporting child abuse images to the National Mr. CONYERS. I yield back the re- offense. ‘‘(d) CLAIM OF NATIONALITY OR REGISTRY.— Center for Missing and Exploited Children. maining time on this side. A claim of nationality or registry under this Current law requires that Internet Service Pro- The SPEAKER pro tempore. The section includes only— viders report to the National Center, but it question is on the motion offered by ‘‘(1) possession on board the vessel and pro- wasn’t clear what information should be re- the gentleman from Michigan (Mr. duction of documents evidencing the vessel’s

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00121 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.004 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22803 nationality as provided in article 5 of the (1) ensure that the sentencing guidelines or (6), of section 70507(b) may be considered, 1958 Convention on the High Seas; and policy statements reflect the serious na- in the totality of the circumstances, to be ‘‘(2) flying its nation’s ensign or flag; or ture of the offense described in section 2285 prima facie evidence of intent to evade de- ‘‘(3) a verbal claim of nationality or reg- of title 18, United States Code, and the need tection. istry by the master or individual in charge of for deterrence to prevent such offenses; ‘‘(c) DEFENSES.— the vessel. (2) account for any aggravating or miti- ‘‘(1) IN GENERAL.—It is a defense in any ‘‘(e) AFFIRMATIVE DEFENSES.— gating circumstances that might justify ex- civil enforcement proceeding for a violation ‘‘(1) IN GENERAL.—It is an affirmative de- ceptions, including— of subsection (a) that the submersible vessel fense to a prosecution for a violation of sub- (A) the use of a submersible vessel or semi- or semi-submersible vessel involved was, at section (a), which the defendant has the bur- submersible vessel described in section 2285 the time of the violation— den to prove by a preponderance of the evi- of title 18, United States Code, to facilitate ‘‘(A) a vessel of the United States or law- dence, that the submersible vessel or semi- other felonies; fully registered in a foreign nation as submersible vessel involved was, at the time (B) the repeated use of a submersible vessel claimed by the master or individual in of the offense— or semi-submersible vessel described in sec- charge of the vessel when requested to make ‘‘(A) a vessel of the United States or law- tion 2285 of title 18, United States Code, to a claim by an officer of the United States au- fully registered in a foreign nation as facilitate other felonies, including whether thorized to enforce applicable provisions of claimed by the master or individual in such use is part of an ongoing criminal orga- United States law; charge of the vessel when requested to make nization or enterprise; ‘‘(B) classed by and designed in accordance a claim by an officer of the United States au- (C) whether the use of such a vessel in- with the rules of a classification society; thorized to enforce applicable provisions of volves a pattern of continued and flagrant ‘‘(C) lawfully operated in government-regu- United States law; violations of section 2285 of title 18, United lated or licensed activity, including com- ‘‘(B) classed by and designed in accordance States Code; merce, research, or exploration; or with the rules of a classification society; (D) whether the persons operating or em- ‘‘(D) equipped with and using an operable ‘‘(C) lawfully operated in government-regu- barking in a submersible vessel or semi-sub- automatic identification system, vessel mon- lated or licensed activity, including com- mersible vessel willfully caused, attempted itoring system, or long range identification merce, research, or exploration; or to cause, or permitted the destruction or and tracking system. ‘‘(D) equipped with and using an operable damage of such vessel or failed to heave to ‘‘(2) PRODUCTION OF DOCUMENTS.—The de- automatic identification system, vessel mon- when directed by law enforcement officers; fenses provided by this subsection are proved itoring system, or long range identification and conclusively by the production of— and tracking system. (E) circumstances for which the sentencing ‘‘(A) government documents evidencing ‘‘(2) PRODUCTION OF DOCUMENTS.—The af- guidelines (and policy statements) provide the vessel’s nationality at the time of the of- firmative defenses provided by this sub- sentencing enhancements; fense, as provided in article 5 of the 1958 Con- section are proved conclusively by the pro- (3) ensure reasonable consistency with vention on the High Seas; duction of— other relevant directives, other sentencing ‘‘(B) a certificate of classification issued ‘‘(A) government documents evidencing guidelines and policy statements, and statu- by the vessel’s classification society upon the vessel’s nationality at the time of the of- tory provisions; completion of relevant classification surveys fense, as provided in article 5 of the 1958 Con- (4) make any necessary and conforming and valid at the time of the offense; or vention on the High Seas; changes to the sentencing guidelines and pol- ‘‘(C) government documents evidencing li- ‘‘(B) a certificate of classification issued icy statements; and censure, regulation, or registration for re- by the vessel’s classification society upon (5) ensure that the sentencing guidelines search or exploration. completion of relevant classification surveys and policy statements adequately meet the ‘‘(d) CIVIL PENALTY.—A person violating and valid at the time of the offense; or purposes of sentencing set forth in section this section shall be liable to the United ‘‘(C) government documents evidencing li- 3553(a)(2) of title 18, United States Code. States for a civil penalty of not more than censure, regulation, or registration for com- TITLE II—CIVIL PROHIBITION $1,000,000.’’ merce, research, or exploration. (b) CONFORMING AMENDMENTS.— ‘‘(f) FEDERAL ACTIVITIES EXCEPTED.—Noth- SEC. 201. OPERATION OF SUBMERSIBLE VESSEL (1) The chapter analysis for chapter 705 of ing in this section applies to lawfully au- OR SEMI-SUBMERSIBLE VESSEL title 46, United States Code, is amended by WITHOUT NATIONALITY. thorized activities carried out by or at the inserting after the item relating to section (a) FINDING AND DECLARATION.—Section direction of the United States Government. 70507 the following: 70501 of title 46, United States Code, is ‘‘(g) APPLICABILITY OF OTHER PROVISIONS.— ‘‘70508. Operation of submersible vessel or Sections 70504 and 70505 of title 46 apply to amended— (1) by inserting ‘‘(1)’’ after ‘‘that’’; and semi-submersible vessel with- offenses under this section in the same man- out nationality’’. ner as they apply to offenses under section (2) by striking ‘‘States.’’ and inserting 70503 of such title. ‘‘States and (2) operating or embarking in a (2) Section 70504(b) of title 46, United ‘‘(h) DEFINITIONS.—In this section, the submersible vessel or semi-submersible ves- States Code, is amended by inserting ‘‘or terms ‘submersible vessel’, ‘semi-submers- sel without nationality and on an inter- 70508’’ after ‘‘70503’’. ible vessel’, ‘vessel of the United States’, and national voyage is a serious international (3) Section 70505 of title 46, United States ‘vessel without nationality’ have the mean- problem, facilitates transnational crime, in- Code, is amended by striking ‘‘this title’’ and ing given those terms in section 70502 of title cluding drug trafficking, and terrorism, and inserting ‘‘this title, or against whom a civil 46.’’. presents a specific threat to the safety of enforcement proceeding is brought under (b) CLERICAL AMENDMENT.—The chapter maritime navigation and the security of the section 70508,’’. analysis for chapter 111 of title 18, United United States.’’. SEC. 203. SUBMERSIBLE VESSEL AND SEMI-SUB- States Code, is amended by inserting after SEC. 202. OPERATION PROHIBITED. MERSIBLE VESSEL DEFINED. the item relating to section 2284 the fol- (a) IN GENERAL.—Chapter 705 of title 46, Section 70502 of title 46, United States lowing: United States Code, is amended by adding at Code, is amended by adding at the end there- ‘‘2285. Operation of submersible vessel or the end thereof the following: of the following: semi-submersible vessel with- ‘‘(f) SEMI-SUBMERSIBLE VESSEL; SUBMERS- ‘‘§ 70508. Operation of submersible vessel or out nationality’’. IBLE VESSEL.—In this chapter: semi-submersible vessel without nation- SEC. 103. SENTENCING GUIDELINES. ‘‘(1) SEMI-SUBMERSIBLE VESSEL.—The term ality (a) IN GENERAL.—Pursuant to its authority ‘semi-submersible vessel’ means any under section 994(p) of title 28, United States ‘‘(a) IN GENERAL.—An individual may not watercraft constructed or adapted to be ca- Code, and in accordance with this section, operate by any means or embark in any sub- pable of operating with most of its hull and the United States Sentencing Commission mersible vessel or semi-submersible vessel bulk under the surface of the water, includ- shall promulgate sentencing guidelines (in- that is without nationality and that is navi- ing both manned and unmanned watercraft. cluding policy statements) or amend existing gating or has navigated into, through, or ‘‘(2) SUBMERSIBLE VESSEL.—The term ‘sub- sentencing guidelines (including policy from waters beyond the outer limit of the mersible vessel’ means a vessel that is capa- statements) to provide adequate penalties territorial sea of a single country or a lat- ble of operating completely below the sur- for persons convicted of knowingly operating eral limit of that country’s territorial sea face of the water, including both manned and by any means or embarking in any submers- with an adjacent country, with the intent to unmanned watercraft.’’. ible vessel or semi-submersible vessel in vio- evade detection. The SPEAKER pro tempore. Pursu- ‘‘(b) EVIDENCE OF INTENT TO EVADE DETEC- lation of section 2285 of title 18, United ant to the rule, the gentleman from States Code. TION.—In any civil enforcement proceeding (b) REQUIREMENTS.—In carrying out this for a violation of subsection (a), the presence Michigan (Mr. CONYERS) and the gen- section, the United States Sentencing Com- of any of the indicia described in paragraph tleman from Texas (Mr. SMITH) each mission shall— (1)(A), (E), (F), or (G), or in paragraph (4), (5), will control 20 minutes.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00122 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.004 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22804 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 The Chair recognizes the gentleman tions, they have been forced, that is, seeking civil penalties of up to $1 mil- from Michigan. the drug dealers, have been forced to lion for violations of the new law. GENERAL LEAVE find new ways to try and bring this poi- Since we last visited this legislation Mr. CONYERS. I ask unanimous con- son to our shores. on July 29, we have further evidence of sent that all Members have 5 legisla- That is what we’re dealing with here why it is so necessary. In the last 2 tive days to revise and extend their re- today. The language in the bill before weeks alone, the Coast Guard has marks and include extraneous mate- us reflects the hard work of Senator seized two semi-submersible vehicles rial. LAUTENBERG, and it is also similar to containing a total of 14 tons of cocaine. The SPEAKER pro tempore. Is there legislation which was introduced by Ominously, they found the vessels objection to the request of the gen- Senator BIDEN. I would like to take seized on September 13th to be the tleman from Michigan? this opportunity to commend Chair- most sophisticated of their type ever There was no objection. man CONYERS who has played a critical detected, with electronic propulsion Mr. CONYERS. Mr. Speaker, the role in the development of this legisla- and steering, and exhaust systems House has passed previously virtually tion. And I add that without the hard more advanced than earlier models. In identical legislation, and accordingly I work of his counsel and the hours put terms of the larger picture, we have will place my statement in the RECORD into this important bill by Carolyn witnessed 62 such seizures this year. at this time. Lynch on our staff, we would not be Why do we need this legislation? Why Mr. Speaker, this bill addresses the growing here today. did the Coast Guard ask us for it? Sim- national security threat of illicit self-propelled Let me point out that it is probably ply put, it is this: These are made to be submersible vessels. It makes operation of not an exaggeration to suggest that scuttled easily. In other words, when one of these vessels with intent to avoid de- this is noncontroversial legislation. I they are detected by the Coast Guard tection a felony, as well as subject to civil don’t know why anybody, a single vote, and the United States Navy, sometimes fines. would be against it. It has, in slightly hundreds of miles offshore, when they In July, the House passed the part of this different iterations, already passed this are identified, when they are seen, they bill creating the felony. This Senate version body on two prior occasions. It passed are scuttled, meaning that they inten- adds the civil penalty, to provide even greater this body by a vote of 408–1 as an tionally attempt to sink their own ve- deterrence. amendment to the Coast Guard author- hicles. Why? Because then we can’t Smugglers are operating these vessels with ization, and it passed on suspension have the evidence of the illicit cargo increasing frequency, knowing that there is no this past July 29 by a voice vote. that they hold. And as they do that, effective deterrent. They are designed so that What are these things? Well you’re the two, three, four or five people the crew members can readily sink them with- going to hear it, and you’re going to aboard, the personnel aboard these in scant minutes of being spotted, thereby see some pictures presented to you by crafts jump into the water, and then making efforts by authorities to intercept them Congressman TED POE from Texas. Let we have to rescue them. So our law en- exceedingly difficult and highly risky. me just try to describe what it is that forcement and our Navy then is in the And smugglers using these vessels are be- we are talking about. position of rescuing the very people coming increasingly violent. Two weeks ago, a Semi-submersibles add a new dimen- who are attempting to bring this poi- cocaine smuggler attempted to kill Coast sion to the notion of ‘‘submarine war- son into our country, and we obviously Guard officers who had boarded his vessel in fare.’’ do that, but then we can’t prosecute the dark in the Pacific ocean. b 1800 them. This extreme risk to our brave Coast Guard The SPEAKER pro tempore (Mr. officers would not have been necessary if op- These vessels are watercraft of unor- CHILDERS). The gentleman’s time has erating that vessel in this evasive manner thodox construction capable of putting expired. were itself a crime. much of their bulk under the surface of Mr. SMITH of Texas. Mr. Speaker, I I commend the sponsor of the House bill, the water. Therefore, they are ex- yield the gentleman from California 1 DAN LUNGREN of California, for his leadership tremely difficult to spot when they are additional minute. on this initiative. out there in the vastness of the ocean. Mr. DANIEL E. LUNGREN of Cali- I urge my colleagues to support it. They are built for stealth, designed to fornia. This law would simply make it I reserve the balance of my time. be rapidly scuttled, typically less than illegal to operate one of these vessels if Mr. SMITH of Texas. Mr. Speaker, I 100 feet in length, and usually carrying it is unflagged, because there is no yield 5 minutes to my colleague on the 5 to 6 tons of illicit cargo. They are other purpose for it than to try and put Judiciary Committee, a senior member stateless, that is, they carry the flag of a dagger to the hearts of our young of the Judiciary Committee, a senior no country, and they have no legiti- people in this country by bringing this member of the Homeland Security mate use. illicit drug trade here. Committee as well, the gentleman Although semi-submersibles are Additionally, those concerned about from California (Mr. LUNGREN). being used to evade detection and pros- illegal aliens entering this country, Mr. DANIEL E. LUNGREN of Cali- ecution for drug traffic, my own inter- this is also a means of doing that. But, fornia. I thank the gentleman for yield- est in this issue is a much broader one. most importantly and most directly, I ing. The potential that someone might seek would say, think of the consequences of Mr. Speaker, this is a bill which Con- to import a weapon of mass destruction someone introducing a weapon of mass gressman POE and I have worked on to into the United States is perhaps of the destruction into this country. This is a address a serious problem relating to greatest concern for us and why we readily available vehicle to do that. the use of submersible and semi-sub- need an aggressive response to alter We need this legislation. I would mersible vessels to transport drugs, the calculus of deterrence with respect hope that we would have a unanimous people and potentially weapons of mass to the use of these vehicles. vote for it. destruction which pose a threat to our It is absolutely critical that our pros- I thank the gentleman from Texas communities and our cities. The drug ecutors be equipped with the tools nec- for allowing me this time, and I hope dealers are always ingenious in their essary to adapt to this new challenge everybody understands how important activities to try and inject into the facing law enforcement authorities. As and how timely this is. veins of our children the terrible illicit was the case in previous House versions Mr. SMITH of Texas. Mr. Speaker, I drugs that are there. With respect to of the bill approved by this body, the want to thank again the gentleman those who are in Central and South proposal before us provides for crimi- from California (Mr. LUNGREN), as well America, because of the various efforts nal fines and up to 15 years imprison- as my colleague from Texas (Mr. POE), made by good men and women working ment. Furthermore, a new title of the for championing this issue. in law enforcement in this country, as bill added in the Senate provides pros- I now yield 4 minutes to the gen- well as those in our military organiza- ecutors with the additional option of tleman from Texas (Mr. POE).

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00123 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.004 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22805 Mr. POE. Mr. Speaker, I want to work their way up the riverways of our The SPEAKER pro tempore. The thank the gentleman from Texas for Nation, going to our ports, like the question is on the motion offered by yielding, the ranking member, and I Port of Houston and some of these the gentleman from Michigan (Mr. also want to thank the chairman of other ports, and cause tremendous CONYERS) that the House suspend the this committee for bringing this legis- damage. We want to capture these peo- rules and pass the Senate bill, S. 3598. lation before the House, and, of course, ple on the high seas before they get The question was taken. my friend from California, the former that opportunity. The SPEAKER pro tempore. In the Attorney General, Mr. LUNGREN, for his Some have said, why don’t we just opinion of the Chair, two-thirds being passion about this issue. shoot them out of the water as soon as in the affirmative, the ayes have it. As a former judge and prosecutor we see them? I guess we are too civ- Mr. SMITH of Texas. Mr. Speaker, I down in Texas, I don’t like drug deal- ilized for that. We want to prosecute object to the vote on the ground that a ers, and we see the effect of them them instead. quorum is not present and make the throughout the United States. This is important legislation. It will point of order that a quorum is not This submersible vessel, this sub- help our law enforcement guys, the present. marine we are talking about, Mr. Navy and U.S. Coast Guard, who are The SPEAKER pro tempore. Pursu- Speaker, here is a photograph of it doing a tremendous job already in ant to clause 8 of rule XX and the right here. It is 100 feet long. It is made tracking these people, with coopera- Chair’s prior announcement, further out of fiberglass. It has stealth tech- tion from other navies throughout the proceedings on this motion will be nology, so it is hard to be detected. It world. It is time that we make this leg- postponed. is built so it goes barely below the sur- islation law. The point of no quorum is considered face. It travels at a very low rate of Mr. SMITH of Texas. Mr. Speaker, I withdrawn. speed so it cannot be detected by its want to thank the gentleman from f wake. And they are made in the jungles Texas again for his efforts on this leg- of Colombia. islation. PROTECTING COURT OFFICIALS What they do, they float these down Mr. Speaker, as we stand here today, dan- OFF SUPREME COURT GROUNDS the rivers in flood season to the Pacific gerous drug traffickers are surreptitiously mov- Mr. CONYERS. Mr. Speaker, I move Ocean, and then this vessel is on its ing tons of cocaine across our oceans and to suspend the rules and pass the Sen- way. Mr. Speaker, it can go all the way into America. Cocaine traffickers operate with ate bill (S. 3296) to extend the author- to the United States without refueling. stealth and are virtually undetectable thanks to ity of the United States Supreme Court It takes several tons of cocaine with it, their use of self-propelled submersible and Police to protect court officials off the coming to the United States, bringing semi-submersible vessels or SPSS. Supreme Court Grounds and change that cancer for the profit of the Colom- These submarine-like vessels have unusual the title of the Administrative Assist- bian drug dealers. construction. They are typically less than 100 ant to the Chief Justice. What happens is our Navy and other feet long with most of their bulk under water. The Clerk read the title of the Senate navies, even the Mexican Navy, the Co- They can carry up to five crew and as much bill. lombian Navy, they have seen these as 12 metric tons of cocaine from the north The text of the Senate bill is as fol- things on the high seas. They carry no coast of South America to the southeastern lows: flag. They claim no nation. What hap- United States without refueling. S. 3296 pens when they are encountered by the The U.S. Coast Guard has successfully ap- Be it enacted by the Senate and House of Rep- Navy or the Coast Guard, the five or prehended two SPSS vessels in just the last resentatives of the United States of America in six crew members, they jump out the few weeks. One carried seven tons of cocaine Congress assembled, hatch over here and scuttle the sub- with a street value of $187 million. The second SECTION 1. UNITED STATES SUPREME COURT marine so all the dope goes to the bot- vessel seized was carrying 295 bales of co- POLICE AND COUNSELOR TO THE tom of the ocean. caine. CHIEF JUSTICE. There have been two circumstances However, under current law, it is not illegal (a) EXTENSION OF AUTHORITY OF THE UNITED STATES SUPREME COURT POLICE TO PROTECT when the drug dealers that were on to operate one of these vessels. Therefore, in COURT OFFICIALS OFF THE SUPREME COURT these submarines weren’t quick order to successfully prosecute these crimi- GROUNDS.—Section 6121(b)(2) of title 40, enough. The Navy, the Coast Guard, nals, the Coast Guard must obtain evidence of United States Code, is amended by striking got there quick enough to take some of drug trafficking or other illicit conduct—a dan- ‘‘2008’’ and inserting ‘‘2013’’. the cocaine off, and they are being gerous proposition on the high seas. (b) COUNSELOR TO THE CHIEF JUSTICE.— prosecuted in Florida as we speak. But Coast Guard teams must physically board (1) OFFICE OF FEDERAL JUDICIAL ADMINIS- most of the time they scuttle it, we the SPSS, often in the dead of night, while it TRATION.—Section 133(b)(2) of title 28, United capture, but really end up rescuing the is travelling at up to ten knots. The teams States Code, is amended by striking ‘‘admin- crew, and then rather than put them in istrative assistant’’ and inserting ‘‘Coun- must then risk their lives to apprehend the selor’’. jail, we have got to take them home traffickers and seize the drugs aboard the (2) JUDICIAL OFFICIAL.—Section 376(a) of where they came from and let them go, SPSS. title 28, United States Code, is amended— because it is no crime to possess one of And the drug traffickers know the law. They (A) in paragraph (1)(E), by striking ‘‘an ad- these subs on the high seas. know that the Coast Guard must obtain evi- ministrative assistant’’ and inserting ‘‘a This legislation makes it a Federal dence of drugs so they will often scuttle the Counselor’’; and offense to have one of these subs with vessel and jump overboard—turning a criminal (B) in paragraph (2)(E), by striking ‘‘an ad- no flag and sailing on the high seas. apprehension into a rescue mission. ministrative assistant’’ and inserting ‘‘a When the crew is captured, they could This legislation removes this dangerous hur- Counselor’’. (3) ADMINISTRATIVE ASSISTANT TO THE CHIEF be prosecuted in our Federal courts and dle. By prohibiting the possession of SPSS JUSTICE.— go to the penitentiary where they be- vessels without nationality, we protect the (A) IN GENERAL.—Section 677 of title 28, long. safety of these Coast Guard teams while en- United States Code, is amended— The U.S. Coast Guard tells us that at suring swift prosecution of the cocaine traf- (i) in the section heading, by striking ‘‘Ad- any given time, there are 100 of these fickers. ministrative Assistant’’ and inserting ‘‘Coun- things on the high seas, all coming to I wish to commend my colleagues, Mr. LUN- selor’’; the United States bringing drugs. GREN and Mr. POE, for championing this im- (ii) in subsection (a)— As my good friend Mr. LUNGREN from portant issue. (I) in the first sentence, by striking ‘‘an California has pointed out, that is not Administrative Assistant’’ and inserting ‘‘a I urge my colleagues to support this bill. Counselor’’; and just the problem, because they are so Mr. Speaker, I yield back the balance (II) in the second and third sentences, by shallow, because they are hard to de- of my time. striking ‘‘Administrative Assistant’’ each tect, these things can bring in weapons Mr. CONYERS. Mr. Speaker, I yield place that term appears and inserting of mass destruction, explosives, and back the balance of my time. ‘‘Counselor’’; and

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00124 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.004 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22806 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 (iii) in subsections (b) and (c), by striking First, the legislation extends the authority of Mr. SMITH of Texas. I yield back the ‘‘Administrative Assistant’’ each place that the U.S. Supreme Court Police to protect balance of my time as well. term appears and inserting ‘‘Counselor’’. Court officials off the Supreme Court grounds The SPEAKER pro tempore. The (B) TABLE OF SECTIONS.—The table of sec- through 2013. The current authorization ex- question is on the motion offered by tions for chapter 45 of title 28, United States Code, is amended by striking the item relat- pires on December 29, 2008. the gentleman from Michigan (Mr. ing to section 677 and inserting the fol- This provision is necessary and non- CONYERS) that the House suspend the lowing: controversial. Congress created the original rules and pass the Senate bill, S. 3296. ‘‘677. Counselor to the Chief Justice.’’. authority in 1982 and has renewed it regularly. The question was taken. SEC. 2. LIMITATION ON ACCEPTANCE OF HON- The last authorization was 4 years ago. The SPEAKER pro tempore. In the ORARY CLUB MEMBERSHIPS. Failure to extend the authority places the opinion of the Chair, two-thirds being (a) DEFINITIONS.—In this section: Justices and other Supreme Court employees in the affirmative, the ayes have it. (1) GIFT.—The term ‘‘gift’’ has the meaning and officers at risk. In light of heightened se- Mr. SMITH of Texas. Mr. Speaker, I given under section 109(5) of the Ethics in curity threats, it is vital that the Supreme Court object to the vote on the ground that a Government Act of 1978 (5 U.S.C. App.). Police be empowered to carry out this service quorum is not present and make the (2) JUDICIAL OFFICER.—The term ‘‘judicial without interruption. In fact, Justice Souter was point of order that a quorum is not officer’’ has the meaning given under section attacked off grounds while jogging in May 109(10) of the Ethics in Government Act of present. 1978 (5 U.S.C. App.). 2004, the same year we last extended the au- The SPEAKER pro tempore. Pursu- (b) PROHIBITION ON ACCEPTANCE OF HON- thority. ant to clause 8 of rule XX and the ORARY CLUB MEMBERSHIPS.—A judicial offi- As with previous authorizations, it is con- Chair’s prior announcement, further cer may not accept a gift of an honorary club templated that the authority extends to the im- proceedings on this motion will be membership with a value of more than $50 in mediate area in the District and surrounding postponed. any calendar year. environs. The Marshall Service would provide The point of no quorum is considered The SPEAKER pro tempore. Pursu- protection to the Justices when they speak or withdrawn. ant to the rule, the gentleman from travel out of the D.C.-Virginia-Maryland metro- f Michigan (Mr. CONYERS) and the gen- politan region. tleman from Texas (Mr. SMITH) each Finally, the legislation prohibits Federal DEBBIE SMITH REAUTHORIZATION will control 20 minutes. judges from accepting honorary memberships ACT OF 2008 The Chair recognizes the gentleman to clubs that are valued in excess of $50. The Mr. CONYERS. Mr. Speaker, I move from Michigan. last item is the only distinction between S. to suspend the rules and concur in the GENERAL LEAVE 3296 and the House bill. Senate amendment to the bill (H.R. Mr. CONYERS. Mr. Speaker, I ask Mr. Speaker, S. 3296 acknowledges an un- 5057) to reauthorize the Debbie Smith fortunate but realistic problem: sometimes the unanimous consent that all Members DNA Backlog Grant Program. have 5 days to revise and extend their Justices must be protected off Supreme Court The Clerk read the title of the bill. remarks and include extraneous mate- grounds. This is a legislative exercise that the The text of the Senate amendment is rial on the bill under consideration. Congress has regularly undertaken on behalf as follows: The SPEAKER pro tempore. Is there of the Court since 1982. Senate amendment: objection to the request of the gen- I urge the Members to support the bill. Ms. JACKSON-LEE of Texas. Mr. Speaker, Strike all after the enacting clause and in- tleman from Michigan? sert the following: I rise today in support of S. 3296, a bill to ex- There was no objection. SECTION 1. SHORT TITLE. Mr. CONYERS. I yield myself such tend the authority of the United States Su- This Act may be cited as the ‘‘Debbie Smith time as I may consume. preme Court Police to protect court officials of Reauthorization Act of 2008’’. Mr. Speaker, in this case, the title the Supreme Court grounds and change the SEC. 2. GENERAL REAUTHORIZATION. accurately describes the contents of title of the Administrative Assistant to the Chief Section 2 of the DNA Analysis Backlog Elimi- the bill. It attempts and proposes to Justice. This bill makes sense and it should be nation Act of 2000 (42 U.S.C. 14135) is amend- extend the authority of the United supported. I urge my colleagues to support ed— States Supreme Court Police to protect this very important bill. (1) in subsection (c)(3), by— court officials off the Supreme Court Four years ago, Supreme Court Justice (A) striking subparagraphs (A) through (D); grounds and changes the title of the David Souter was assaulted by two men while (B) redesignating subparagraph (E) and sub- Administrative Assistant to the Chief jogging near his home. While this attack was paragraph (A); and (C) inserting at the end the following: Justice. deemed only a random assault, this should ‘‘(B) For each of the fiscal years 2010 through Congress has given the Supreme Court Po- serve as a wake-up call for us all. The Su- 2014, not less than 40 percent of the grant lice statutory recognition since 1982, with au- preme Court, like the Office of the President, amounts shall be awarded for purposes under thority to patrol the Supreme Court buildings is more important than the person serving in subsection (a)(2).’’; and and grounds, make arrests, carry firearms, the position. Protecting them, isn’t just about (2) by amending subsection (j) to read as fol- and protect the Chief Justice, any Associate protecting the person, it’s about protecting the lows: Justice, official guests, and employees of the sanctity of the court. ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— Court while performing official duties. Edmund Burke said that ‘‘Good order is the There are authorized to be appropriated to the The Supreme Court Police are also author- foundation of all things.’’ To keep this order, Attorney General for grants under subsection we much protect those who provide that order. (a) $151,000,000 for each of fiscal years 2009 ized to protect the Justices and employees of through 2014.’’. the Court while they are away from the Court As this country becomes more and more par- SEC. 3. TRAINING AND EDUCATION. building, anywhere in the United States. We tisan, we risk that the more extreme factors in Section 303(b) of the DNA Sexual Assault Jus- have extended this authority on several occa- our society will lash out and circumvent the tice Act of 2004 (42 U.S.C. 14136(b)) is amended sions, and this bill does so again, so that it will system by focusing their anger at the officers by striking ‘‘2005 through 2009’’ and inserting not expire at the end of this year. of the court. Already the court is coming under ‘‘2009 through 2014’’. I urge my colleagues to support this legisla- increased attack from both sides of the aisle SEC. 4. SEXUAL ASSAULT FORENSIC EXAM tion, so that the Supreme Court Police can as being ‘‘activist.’’ GRANTS. continue to perform their critical mission effec- This bill does something fundamental for the Section 304(c) of the DNA Sexual Assault Jus- tively. American way of life, it protects it. The legacy tice Act of 2004 (42 U.S.C. 14136a(c)) is amended Mr. SMITH of Texas. Mr. Speaker, I of all those who came before us depends on by striking ‘‘2005 through 2009’’ and inserting yield myself such time as I may con- making sure that those who come after can do ‘‘2009 through 2014’’. sume. the job duty requires. Nothing is more fun- The SPEAKER pro tempore. Pursu- Mr. Speaker, this legislation is very damentally American than protecting those ant to the rule, the gentleman from similar to the legislation we passed in who protect our rights. Michigan (Mr. CONYERS) and the gen- the House a week ago, H.R. 6855. Mr. Speaker, I ask that we pass this bill. tleman from Texas (Mr. SMITH) each The bill addresses an issue affecting the Mr. CONYERS. Mr. Speaker, I have will control 20 minutes. safety of the Justices and other officials who no further requests for time, and I The Chair recognizes the gentleman work at the United States Supreme Court. yield back balance of my time. from Michigan.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00125 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.004 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22807 GENERAL LEAVE Six years later, after an assailant Debbie’s bravery and dedication and Mr. CONYERS. Mr. Speaker, I ask was charged with her rape, because working with me and others to pass the unanimous consent that all Members DNA processing techniques had pro- Debbie Smith Act, which was a very have 5 days within which to revise and duced a cold hit with a State prisoner’s difficult thing to accomplish, has al- extend their remarks and include ex- DNA sample, that match gave Debbie ready made a tremendous impact on traneous material on the bill under her first moment of closure and secu- our justice system. consideration. rity. Since then, Debbie and her hus- I also want to acknowledge the The SPEAKER pro tempore. Is there band, Robert, have lobbied Congress, RAINN program for its steadfast sup- objection to the request of the gen- traveled the country and started a not- port of the Debbie Smith Reauthoriza- tleman from Michigan? for-profit to help victims of rape. tion Act and for its efforts on behalf of There was no objection. It was unconscionable that hundreds sexual assault victims and survivors. Mr. CONYERS. Mr. Speaker, I yield of thousands of rape kits with DNA evi- Tragically, only 6 percent of rapists such time as she may consume to the dence already collected were gathering will ever spend any time in jail. Con- gentlewoman from New York (Mrs. dust in police stations and crime labs gress must continue to support pro- MALONEY). all over this country, and it is still un- grams like the Debbie Smith DNA Mrs. MALONEY of New York. Mr. conscionable that according to the U.S. Backlog Grant Program and help to Speaker, I thank the gentleman for Department of Justice, there are over put to rapists in prison, reduce the vio- yielding and for his extraordinary lead- 221,000 untested rape kits on shelves lence against women and solve other ership on so many important issues be- and evidence cabinets in States across violent crimes. fore this body, including the Debbie our country. I urge my colleagues to join me in Smith Act, which I rise today in strong It was for Debbie and rape survivors important bipartisan, hopefully unani- support of, H.R. 5057, the Debbie Smith like her that in 2001 I authored the mous support for this reauthorization. Reauthorization Act that I introduced Debbie Smith Act to provide Federal Mr. SMITH of Texas. Mr. Speaker, I to ensure that the nationwide backlog funding to process the backlog of DNA strongly support this legislation, and I of DNA evidence is processed. evidence. The bill helped standardize want to give credit to the gentlewoman I want to thank the bill’s supporters the evidence collection of kits for sex- from New York, Congresswoman in the Senate, especially Senators ual assaults, making it easier to enter MALONEY, for taking the initiative for BIDEN, LEAHY, KYL and SPECTER, for the information into State and na- introducing this legislation and for ad- their assistance in getting this legisla- tional databases. vancing it to the point where we are tion through the Senate and back to It also helped forensic labs process considering it here tonight. the House before we adjourn. the data evidence and compare the Mr. Speaker, this is the second time that the I also want to commend Chairman DNA samples with those taken from House has considered this bill. The House CONYERS for his leadership, Ranking criminals. It funded the SANE nurse passed an earlier version last July. The Sen- Member SMITH, Chairman SCOTT and program that taught them how to proc- ate recently passed this more streamlined Ranking Member GOHMERT, along with ess and maintain the information and version of H.R. 5057, which I hope our col- ANTHONY WEINER and so many of my to go into court to help the police with leagues will support once again. As Ranking Member of the Judiciary Com- colleagues for their support and com- convictions. The law also allows law mittee, I joined Chairman CONYERS as an mitment to this issue. enforcement greater leeway to indict original co-sponsor of this legislation, which Advocates have called the Debbie John Doe or an unnamed individual was introduced by Congresswoman CAROLYN Smith Act one of the most important using their DNA profile. anti-crime bills that has ever passed The Justice for All Act accomplished MALONEY. This bill reauthorizes a tremendously impor- Congress and one of the most impor- several critical objectives, including tant program: the Debbie Smith DNA Backlog tant anti-violence against women and authorizing the necessary funding, $151 Elimination Grant Program. H.R. 5057 reau- anti-rape pieces of legislation ever. million in each fiscal year from 2005 thorizes the grant program through fiscal year I first introduced the grant program through 2009, to process the backlog of 2014 at $151 million per year. in 2001 after a rape victim whose DNA evidence through the creation of The Debbie Smith Program provides grants attacker was later identified through the State grant program. to state and local governments to reduce the DNA analysis testified before a hearing Since 2004, millions of dollars in DNA backlog of samples collected and en- in Congress. The long, bipartisan effort funding have been appropriated to tered into the national DNA database. The to pass the original legislation was States across our country to attack program, originally authorized in 2000, expires made into a Lifetime movie entitled this backlog grant program. Each un- at the end of fiscal year 2009. ‘‘A Life Interrupted: The Debbie Smith processed kit represents an innocent DNA has become an invaluable tool in iden- Story.’’ I thank Lifetime and Oprah for life like Debbie Smith, and a rapist tifying and convicting criminal suspects. At the having championed the passage of this who may commit multiple rapes before same time, the increased use of DNA evi- important legislation. he is caught. dence in criminal prosecutions has also in- I have been working on this issue The FBI has characterized rape as creased DNA collection and processing re- since 2001, when I organized a hearing the worst crime, preceded only by mur- quests. The result is a substantial backlog in in the Government Reform and Over- der in terms of the destruction to one’s processing DNA evidence across the country. sight Committee to examine the use of life. They have said that a rapist, a Since 2000, DNA backlog grants live as- DNA to both convict and to exonerate. sick person, will attack seven times. sisted state and local governments with the We reached out to many victims to tes- So at least, if you process these kits, collection Of 2.5 million DNA samples from tify. Only one would come before Con- you can put people in jail and prevent convicted offenders and arrestees for inclusion gress, Debbie Smith. innocent victims from having the hor- in the national DNA database. The backlog ror in their lives that Debbie experi- b 1815 grants have also funded the testing of approxi- enced. mately 104,000 DNA cases between 2004 and She told her horrifying story, how an The Debbie Smith Reauthorization 2007. intruder broke into her suburban home Act extends the program through 2014 While the Debbie Smith program has been in Williamsburg, Virginia, in 1989 and and also reauthorizes programs for successful in reducing the backlog, there is raped her repeatedly in nearby woods training, education and sexual assault still work to do. A 2003 Department of Justice while her police officer husband slept forensic exam grants. report indicated that a backlog existed of upstairs. He rushed her to the police DNA is remarkable evidence. It 48,000 DNA samples. The current backlog is station. DNA was taken, but in many doesn’t forget, it can’t be confused, it expected to be just as high. ways her life was destroyed, as she be- is not intimidated, and it does not lie. Congress has a responsibility to assist lieved he would come back as he said While an eyewitness can easily get states with investigating, prosecuting and pun- he would and kill her if she had told mixed up about height, weight, hair ishing criminals and to provide justice for vic- anybody what happened. color, DNA never changes its story. tims. The Debbie Smith Reauthorization Act

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00126 Fmt 0688 Sfmt 9920 E:\BR08\H27SE8.004 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22808 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 protects victims by providing Federal funding sense of Congress that State grants should be The SPEAKER pro tempore. The to process the DNA evidence needed to take conditioned upon the State’s agreement to en- question is on the motion offered by violent criminals off the streets. sure post-conviction DNA testing in appro- the gentleman from Michigan (Mr. I urge my colleagues to join me in sup- priate cases; and that Congress should work CONYERS) that the House suspend the porting this important legislation. with the States to improve the quality of legal rules and concur in the Senate amend- Ms. JACKSON-LEE of Texas. Mr. Speaker, representation in capital cases. Finally, the Act ment to the bill, H.R. 5057. I rise in support of H.R. 5057, the ‘‘Debbie authorized an unspecified amount of appro- The question was taken; and (two- Smith Reauthorization Act of 2008’’ (reauthor- priations to the Attorney General to carry out thirds being in the affirmative) the izing Title II of P.L. 108–405). This Act author- the Act. rules were suspended and the Senate izes funding to eliminate the large backlogs of In 2004, DNA backlog elimination was incor- amendment was concurred in. DNA crime scene samples awaiting testing in porated into the Justice for Act of 2004’’, P.L. A motion to reconsider was laid on State forensic labs. I am in support of this bill. 108–405 and was renamed the Debbie Smith the table. In recent years, law enforcement agencies DNA Backlog Grant Program, which became f have realized the critical value that DNA evi- Title II of P.L. 108–405. While the Act author- dence has in quickly solving cases. Often, a ized $151 million for each fiscal year 2005– MILITARY PERSONNEL DNA sample result can scientifically link a per- 2009, Congress did not appropriate any CITIZENSHIP PROCESSING ACT money until FY 2008, at which time it appro- petrator to a crime or prove a defendant’s in- Mr. CONYERS. Mr. Speaker, I move priated $147–4 million. nocence with virtual certainty. Many of the Na- to suspend the rules and pass the Sen- tion’s Federal and State criminal forensics lab- The Debbie Smith DNA Backlog Grant Pro- gram expires at the end of FY 2009. H.R. ate bill (S. 2840) to establish a liaison oratories currently are overwhelmed with innu- with the Federal Bureau of Investiga- merable samples awaiting DNA analysis. 5057, the ‘‘Debbie Smith Reauthorization Act,’’ which has strong bipartisan support, would tion in United States Citizenship and Named for Debbie Smith, who was kid- Immigration Services to expedite natu- napped in her Virginia home and raped in renew the law and authorize $151 million for each fiscal year 2009–2014. H.R. 5057 speci- ralization applications filed by mem- nearby woods by a stranger, the Debbie Smith bers of the Armed Forces and to estab- DNA Backlog Grant Program authorized grant fies that not less than 40% of the total amount awarded in grants must be used for DNA anal- lish a deadline for processing such ap- money to states to collect samples from crime plications. seems and convicted persons, conduct DNA yses of samples from crime scenes, rape kits and other sexual assault evidence, and in The Clerk read the title of the Senate analyses, and enter these results into a com- bill. prehensive national database. Debbie Smith’s cases that do not have an identified suspect. AMENDMENT The text of the Senate bill is as fol- attacker remained unidentified for over six lows: years, until a DNA sample collected from a While I support this legislation, I offered an S. 2840 convicted person serving time in a Virginia amendment that was accepted and reported State prison revealed his involvement in her out of the House. However, now that the bill Be it enacted by the Senate and House of Rep- has returned from the Senate, the bill is before resentatives of the United States of America in rape. Although eventually identified, the six Congress assembled, years between crime and identification allowed the House again without my original amend- SECTION 1. SHORT TITLE. Ms. Smith’s attacker to engage in more crimi- ment. My amendment required the Attorney General to evaluate the integrity and security This Act may be cited as the ‘‘Military nal activity. Personnel Citizenship Processing Act’’. Re-authorization of the Debbie Smith DNA of DNA collection and storage practices and procedures at a sample of crime laboratories SEC. 2. OFFICE OF THE FBI LIAISON. Backlog Grant Program will help law enforce- (a) ESTABLISHMENT.—Section 451 of the ment throughout the Nation. It will facilitate the throughout the country to determine the extent to which DNA samples are tampered with or Homeland Security Act of 2002 (6 U.S.C. 271) development of a comprehensive national data is amended by adding at the end the fol- base against which samples from current are otherwise contaminated in such labora- lowing: tories. The sample should be a representative crime scenes can be compared. It will allow ‘‘(g) OFFICE OF THE FBI LIAISON.— laboratories to reduce the currently unaccept- sample and should include at least one lab ‘‘(1) IN GENERAL.—There shall be an Office able delays in processing DNA samples. Fi- from each State. My amendment required the of the FBI Liaison in the Department of Attorney General to conduct this evaluation Homeland Security. nally, it will provide law enforcement and pros- annually and the Attorney General should be ‘‘(2) FUNCTIONS.—The Office of the FBI Li- ecutors strong tools to quickly identify and required to submit the evaluation to Congress. aison shall monitor the progress of the func- prosecute criminals, minimizing the costs of in- This amendment was necessary and critically tions of the Federal Bureau of Investigation vestigation and prosecution, the possibility of important. in the naturalization process to assist in the prosecuting the wrong person and the possi- A district attorney in Harris County, Texas expeditious completion of all such functions pertaining to naturalization applications bility of future heinous crimes. used evidence to wrongfully convict persons Recognizing that the backlog of biological filed by, or on behalf of— based upon faulty evidence. An investigation ‘‘(A) current or former members of the evidence that had to be entered in State data- into the Houston Police Department’s crime bases was preventing law enforcement offi- Armed Forces under section 328 or 329 of the lab revealed that bad management, under- Immigration and Nationality Act (8 U.S.C. cials from solving many of the Nation’s most trained staff, false documentation, and inac- 1439 and 1440); heinous crimes, like the tragedy that befell curate work cast doubt on thousands of DNA ‘‘(B) current spouses of United States citi- Debbie Smith, Congress passed the DNA based convictions. Investigators raised serious zens who are currently serving on active ‘‘Analysis Backlog Elimination Act of 2000’’ questions about the reliability of evidence in duty in the Armed Forces, who qualify for (P.L. 106–546). The bill authorized the Attor- hundreds cases they investigated and asked naturalization under section 319(b) of the Im- ney General to make grants to eligible States migration and Nationality Act (8 U.S.C. for further independent scrutiny and new test- 1430(b)), and surviving spouses and children to collect DNA samples from convicted individ- ing to determine the extent to which individ- uals and crime scenes for inclusion in the who qualify for naturalization under section uals were wrongly convicted with faulty evi- 319(d) of such Act; or Federal DNA database, Combined DNA Index dence. ‘‘(C) a deceased individual who is eligible System (CODIS), and to increase the capacity My amendment would have ensured that for posthumous citizenship under section of State crime laboratories. The Act required Congress will exercise some oversight of the 329A of the Immigration and Nationality Act the Bureau of Prisons and the military to col- program. It ensured the integrity and security (8 U.S.C. 1440–1). lect DNA samples from convicted individuals of the DNA collection and storage and proce- ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— and forward these samples for analysis, and dures. It was my hope that my amendment There are authorized to be appropriated such sums as may be necessary to carry out this required the FBI to expand its CODIS data- would minimize wrongful convictions and base to include the analyses of these DNA subsection.’’. would make the DNA storage and collection (b) RULEMAKING.—Not later than 180 days samples. process more reliable. after the date of the enactment of this Act, The Act also amended the criminal code to Mr. SMITH of Texas. Mr. Speaker, I the Secretary of Homeland Security, in con- require all defendants on probation or super- yield back the balance of my time. sultation with the Attorney General, shall vised release to cooperate with the collection Mr. CONYERS. Mr. Speaker, I yield promulgate rules to carry out the amend- of a DNA sample. The Act expressed the back the balance of my time. ment made by subsection (a).

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00127 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.004 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22809 SEC. 3. DEADLINE FOR PROCESSING AND ADJU- U.S. citizenship, yet they often face delays in immigration services. These men and DICATING NATURALIZATION APPLI- women represent the best of America, CATIONS FILED BY CURRENT OR the processing of the FBI background check FORMER MEMBERS OF THE ARMED required for naturalization. and they unquestionably deserve and FORCES AND THEIR SPOUSES AND S. 2840 would address this backlog by cre- are owed the full rights of every citizen CHILDREN. ating an Office of the FBI Liaison within the in this country. (a) IN GENERAL.—Section 328 of the Immi- Department of Homeland Security. This office The provisions on this bill allow it to gration and Nationality Act (8 U.S.C. 1439) is will help expedite the processing of naturaliza- hopefully expedite this to occur. amended by adding at the end the following: Mr. SMITH of Texas. Mr. Speaker, I ‘‘(g) Not later than 6 months after receiv- tion applications filed by soldiers, veterans, ing an application for naturalization filed by and spouses and children of active duty sol- would like to associate myself with the a current member of the Armed Forces under diers. remarks made by my Texas colleague, subsection (a), section 329(a), or section 329A, The bill requires DHS to adjudicate these Mr. RODRIGUEZ. by the spouse of such member under section naturalization applications within six months, Mr. Speaker, the Military Personnel Citizen- 319(b), or by a surviving spouse or child or to inform the applicants of the reasons for ship Processing Act creates an Office of the under section 319(d), United States Citizen- the delay and provide them with an estimated FBI Liaison within U.S. Citizenship and Immi- ship and Immigration Services shall— date of completion. gration Services (USCIS). This office will mon- ‘‘(1) process and adjudicate the application, It promotes accountability by having the itor the progress of naturalization applications including completing all required back- United States Citizenship and Immigration filed by veterans and military personnel. ground checks to the satisfaction of the Sec- It will also monitor the progress of natu- retary of Homeland Security ; or Service (USCIS) report annually to Congress ‘‘(2) provide the applicant with— on how many of these naturalization applica- ralization applications filed by spouses of ac- ‘‘(A) an explanation for its inability to tions that remain pending a year after filing tive duty soldiers stationed abroad. And the Li- meet the processing and adjudication dead- due to delays in background checks. aison Office will track the naturalization proc- line under this subsection; and Approximately 45,000 lawful permanent resi- ess for the soldiers and their spouses and ‘‘(B) an estimate of the date by which the dents are currently serving in our Armed children who are eligible for citizenship under application will be processed and adju- Forces. More than 13,000 non-citizen military the provisions that grant posthumous citizen- dicated. have applied for U.S. citizenship since 2002. ship to military personnel who die in service to ‘‘(h) The Director of United States Citizen- S. 2480 is a good measure that will help en- the country. ship and Immigration Services shall submit The intent behind the establishment of this an annual report to the Subcommittee on sure that our soldiers and veterans do not Immigration, Border Security, and Refugees face unreasonable hurdles to U.S. citizenship. Liaison Office is to address the delays that and the Subcommittee on Homeland Secu- I urge my colleagues to support the bill. often occur in the processing of the necessary rity of the Senate and the Subcommittee on Mr. Speaker, I yield to the gentleman background checks for these categories of ap- Immigration, Citizenship, Refugees, Border from Texas, Mr. CIRO RODRIGUEZ, as plicants. Security, and International Law and the much time as he may consume. The haste under which this bill was added Subcommittee on Homeland Security of the Mr. RODRIGUEZ. Thank you, Mr. to the suspension calendar precludes any House of Representatives that identifies Chairman, and thank you, Mr. SMITH. meaningful assessment of the need for such every application filed under subsection (a), Mr. Speaker, I rise in Senate bill an office. However, I do not object to meas- subsection (b) or (d) of section 319, section 2840, the Military Personnel Citizen- ures that facilitate the processing of naturaliza- 329(a), or section 329A that is not processed ship Processing Act, sponsored by Sen- and adjudicated within 1 year after it was tion applications of those who have honorably filed due to delays in conducting required ator CHUCK SCHUMER of New York. I served our country or their spouses and chil- background checks.’’. was a sponsor on the House side. Sen- dren. (b) GAO REPORT.—Not later than 180 days ate bill 2840 would address the growing This bill also requires USCIS to make a de- after the date of the enactment of this Act, backlog of citizenship applications of cision on these applications within 6 months of the Comptroller General shall submit a re- those men and women that are serving filing or, in circumstances in which that is not port to Congress that contains the results of our country and happen to be foreign possible, to provide the reasons why. This is a study regarding the average length of time born. not an onerous burden since USCIS will still taken by United States Citizenship and Im- This bill addresses some of the hold- have the flexibility needed to be sure that all migration Services to process and adjudicate ups with the FBI backgrounds, not applications for naturalization filed by mem- required security checks and eligibility criteria bers of the Armed Forces, deceased members only for the soldiers, sailors and air- are met before granting citizenship. of the Armed Forces, and their spouses and men, but also ensuring that dialogue In this Congress, we have already passed children. occurs also with the Department of De- legislation to ease the processing of natu- SEC. 4. SUNSET PROVISION. fense and the military in the applica- ralization applications for our soldiers. The This Act and the amendments made by tions. Kendall Frederick Citizenship Assistance Act this Act are repealed on the date that is 5 It creates an office of FBI liaison became law on June 26th of this year. That years after the date of the enactment of this with DHS and monitors the commu- law permits soldiers to use the fingerprints Act. nication gaps that exist between them they provided at the time of enlistment for their The SPEAKER pro tempore. Pursu- at the present time. This bill further background checks. ant to the rule, the gentleman from requires that the agencies send notice That law also requires the Secretary of Michigan (Mr. CONYERS) and the gen- out to the military applicants explain- Homeland Security and the Director of the FBI tleman from Texas (Mr. SMITH) each ing the delay and estimating the date to take steps to ensure that soldiers’ natu- will control 20 minutes. of completion for any application pend- ralization applications are adjudicated within The Chair recognizes the gentleman ing over 6 months. 180 days after the background checks have from Michigan. This bill works in harmony with the been completed. This bill furthers those goals. GENERAL LEAVE recently passed Kendell Frederick Act. The bill provides, but does not require, an Mr. CONYERS. Mr. Speaker, I ask While the Kendell Frederick Act will earlier target date of 6 months after the filing unanimous consent that all Members ensure prompt processing of biometric of the application. But in cases in which that have 5 legislative days to revise and ex- data and timely adjudication after the time frame cannot be met—even with the new tend their remarks and include extra- FBI background checks are completed, FBI liaison office created under this bill— neous material on the bill under con- S. 2840 will ensure that the background USCIS will need to explain why. sideration. checks themselves are done expedi- I have no objection to these measures, The SPEAKER pro tempore. Is there tiously. which are intended to ensure the timely adju- objection to the request of the gen- Taken together, this bill will be a dication of naturalization applications filed by tleman from Michigan? one-two punch that’s required and those who have served our Nation, and urge There was no objection. needed in order for our military serv- my colleagues to support the bill. Mr. CONYERS. I yield myself such icemen to be able to move forward and Mr. Speaker, I yield back the balance time as I may consume. become citizens. of my time. Mr. Speaker, foreign-born soldiers serving in Some 7,500 military applications are Mr. CONYERS. Mr. Speaker, I yield our Armed Forces are eligible for expedited presently pending with citizenship and to the gentlelady from California, ZOE

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00128 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.004 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22810 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 LOFGREN, as much time as she may constrained by the first amendment and thus It prohibits a federal or state court from en- need. may provide less protection to defamation forcing a defamation judgment entered in an- Ms. ZOE LOFGREN of California. I defendants than our Constitution requires. other country for publication involving a matter would certainly like to commend Con- (5) While our Nation’s courts will generally enforce foreign judgments as a matter of of public concern, unless the court first deter- gressman RODRIGUEZ and Senator comity, comity does not require that courts mines that the judgment is consistent with the SCHUMER. This is a measure that I sup- enforce foreign judgments that are repug- free-speech clause of our Constitution’s First port. nant to our Nation’s fundamental constitu- Amendment. Mr. Speaker, I would just like to note tional values, in particular its strong protec- H.R. 6146 responds to the problem of what there is another measure that we have tion of the right to freedom of speech. is sometimes called ‘‘libel tourism.’’ This is the marked up in the Judiciary Committee (6) Our Nation’s courts should only enforce disturbing practice of suing authors for defa- that would broadly assist our Amer- foreign judgments as a matter of comity mation in foreign countries rather than in the ican soldiers and their families. I hope when such foreign judgments are consistent United States, so as to avoid the speech-pro- with the right to freedom of speech. that in the same spirit of collaboration (b) PURPOSE.—The purpose of this Act is to tective features of defamation law enshrined in we see this evening, we will be able to protect the right to freedom of speech under our Constitution. achieve that wonderful advance for the the first amendment to the Constitution of A much-cited recent example is the lawsuit fathers, mothers, wives, spouses, and the United States from the potentially weak- filed by a Saudi billionaire against an Amer- sons and daughters of our brave Amer- ening effects of foreign judgments con- ican expert on terrorism, as a result of state- ican soldiers. cerning defamation. ments about his activities she made in a book Mr. CONYERS. Mr. Speaker, I yield SEC. 2. RECOGNITION OF FOREIGN DEFAMATION entitled Funding Evil: How Terrorism Is Fi- back the balance of my time. JUDGMENTS. nanced and How to Stop It. (a) IN GENERAL.—Part VI of title 28, United The SPEAKER pro tempore. The States Code, is amended by adding at the end The Saudi billionaire sued the American au- question is on the motion offered by the following: thor not in the United States, where the book the gentleman from Michigan (Mr. ‘‘CHAPTER 181—FOREIGN JUDGMENTS was published, but in England, where a mere CONYERS) that the House suspend the 23 copies of the book had been sold to on-line ‘‘Sec. rules and pass the Senate bill, S. 2840. ‘‘4101. Recognition of foreign defamation buyers. The question was taken. judgments. He sued in England to avail himself of The SPEAKER pro tempore. In the ‘‘§ 4101. Recognition of foreign defamation English libel law, which denies authors the im- opinion of the Chair, two-thirds being judgments portant free-speech protections of our First in the affirmative, the ayes have it. ‘‘(a) FIRST AMENDMENT CONSIDERATIONS.— Amendment. This kind of end-run on the Con- Mr. SMITH of Texas. Mr. Speaker, I Notwithstanding any other provision of Fed- stitution poses an obvious threat to free object to the vote on the ground that a eral or State law, a domestic court shall not speech rights in our country. quorum is not present and make the recognize or enforce a foreign judgment for H.R. 6146, which was introduced by our col- point of order that a quorum is not defamation that is based upon a publication league, STEVE COHEN of Tennessee, would go present. concerning a public figure or a matter of a long way toward eliminating this threat. At The SPEAKER pro tempore. Pursu- public concern unless the domestic court de- the same time, it would not interfere with the ant to clause 8 of rule XX and the termines that the foreign judgment is con- sistent with the first amendment to the Con- judicial systems of other countries, or deprive Chair’s prior announcement, further stitution of the United States. plaintiffs of their choice of forum. proceedings on this motion will be ‘‘(b) DEFINITIONS.—For purposes of this sec- It would simply require that anyone who postponed. tion: seeks to enforce this specific type of defama- The point of no quorum is considered ‘‘(1) DOMESTIC COURT.—The term ‘domestic tion judgment in our courts to establish that withdrawn. court’ means a State court or a Federal the judgment does not offend our First court. f Amendment. Many U.S. courts already impose ‘‘(2) FOREIGN COURT.—The term ‘foreign this condition on the enforcement of foreign PROHIBITING RECOGNITION AND court’ means a court, administrative body, defamation judgments. ENFORCEMENT OF FOREIGN or other tribunal of a foreign country. I urge my colleagues to support this impor- DEFAMATION JUDGMENTS ‘‘(3) FOREIGN JUDGMENT.—The term ‘foreign judgment’ means a final judgment rendered tant bill. Mr. CONYERS. Mr. Speaker, I move by a foreign court.’’. Mr. Speaker, I yield to the author of to suspend the rules and pass the bill (b) CLERICAL AMENDMENT.— The table of the measure, STEVE COHEN, the gen- (H.R. 6146) to amend title 28, United chapters for part VI of title 28, United States tleman from Memphis, Tennessee, as States Code, to prohibit recognition Code, is amended by adding at the end the much time as he may consume. and enforcement of foreign defamation following: Mr. COHEN. I want to thank the judgments, as amended. ‘‘181. Foreign Judgments ...... 4101’’. chairman for his courtesies and the The Clerk read the title of the bill. The SPEAKER pro tempore. Pursu- ranking member in helping bring this The text of the bill is as follows: ant to the rule, the gentleman from bill to the floor today. H.R. 6146 Michigan (Mr. CONYERS) and the gen- Mr. Speaker, I rise today in support Be it enacted by the Senate and House of Rep- tleman from Texas (Mr. SMITH) each of H.R. 6146, which I introduced with resentatives of the United States of America in will control 20 minutes. Congressman ISSA of California. The Congress assembled, The Chair recognizes the gentleman bill is designed to address the phe- SECTION 1. FINDINGS; PURPOSE. from Michigan. nomenon of libel tourism, whereby (a) FINDINGS.—Congress finds the fol- GENERAL LEAVE plaintiffs seek judgments from foreign lowing: Mr. CONYERS. Mr. Speaker, I ask courts from American authors and pub- (1) The first amendment of the Constitu- unanimous consent that all Members lishers for making allegedly defama- tion of the United States prohibits the tory statements. abridgment of freedom of speech. have 5 legislative days to revise and ex- (2) Freedom of speech is fundamental to tend their remarks and include extra- The fact is, these statements in these the values of American democracy. neous material on the bill under con- cases would not be considered defama- (3) In light of the constitutional protection sideration. tory in American courts where the first our Nation affords to freedom of speech, the The SPEAKER pro tempore. Is there amendment gives our authors and peo- Supreme Court has modified the elements of objection to the request of the gen- ple the protection of the first amend- the common law tort of defamation to pro- tleman from Michigan? ment, but in certain jurisdictions, even vide more protection for defendants than There was no objection. countries that have similar legal sys- would be available at common law, including Mr. CONYERS. Mr. Speaker, I yield tems to ours, the first amendment is providing special protections for political speech. myself such time as I may consume. not recognized, and the libel laws are (4) The courts of other countries, including Mr. Speaker, this bill imposes a limited, but much different, and plaintiffs have less those that otherwise share our Nation’s com- important, condition on enforcement of foreign burdens to prove to get judgments mon law and due process traditions, are not defamation judgments in our courts. against defendants.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00129 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.004 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22811 This threatens to undermine our Na- I would also like to thank the Asso- they started taking all of the books off tion’s core free speech principles, as ciation of American Publishers, par- the shelves, and they started destroy- embodied in the first amendment. U.S. ticularly former Congresswoman Pat ing the books. In fact, they sent word law places this higher burden on defa- Schroeder, the Media Law Resource throughout the world, if you have this mation plaintiffs to safeguard our first Center, and Professor Michael Brode of book, ‘‘Alms For Jihad,’’ destroy the amendment and protect our speech. We Emory University Law School for their book. Kind of like the burning of books have seen problems with this, particu- input on the bill. during World War II under the Nazis. larly in courts of England. The State of I urge the bill’s immediate passage. I So the Cambridge University Press New York has already acted to pass a thank my chairman from the bottom of gave in because the libel laws are dif- bill to protect authors and publishers my heart who I am fortunate to serve ferent than they are in the United in the first amendment, but there was with, and my ranking member who has States. a need to have such on a national basis. been so kind to me during my first It has also occurred here in the Thomas Jefferson is memorialized term. United States with a similar book with the monument here in Wash- Mr. SMITH of Texas. First of all, I called, ‘‘Funding Evil,’’ written by Ra- ington. My friend, Randy Wade, and I support this legislation and I thank the chel Ehrenfeld. What she did was write visited Thomas Jefferson recently. gentleman from Tennessee (Mr. COHEN) a book in the United States, published Around the top of the monument is a for his persistent efforts in promoting in the United States. But some books, statement Thomas Jefferson is known this legislation. 23, worked their way to England. Here for: I yield 3 minutes to my colleague, we go again. This author was sued in ‘‘I have sworn upon the altar of al- the gentleman from Texas (Mr. POE). the courts of England and had the bur- mighty God eternal hostility against Mr. POE. Mr. Speaker, I thank Mr. den of proof to prove that her state- every form of tyranny over the minds CONYERS for pushing this legislation ments were true. Well, she filed suit of men.’’ To infringe on the oppor- and the gentleman from Tennessee (Mr. against the people who sued her, once tunity for people to write books and COHEN) for sponsoring this legislation. again bin Manfouz, and that lawsuit is publish, which is what this does, is tyr- I am proud to be a cosponsor of this now pending in our courts. anny over the minds of men. I believe legislation. The SPEAKER pro tempore. The gen- Jefferson would join with us today in Mr. Speaker, there is a legal pre- tleman’s time has expired. support of this proposal. sumption in most countries, even Third Mr. SMITH of Texas. I yield 1 addi- H.R. 6146 will codify the principle World countries, that if you accuse tional minute. that while U.S. courts will normally somebody of something, you have to Mr. POE. So our courts are hearing enforce judgments of foreign courts, prove it, whether civil or criminal. The this matter and it is all about the free- they should not do so when the foreign burden of proof is on the accuser. But dom of speech and the freedom of press. judgments undermine our Constitu- that is not so in all countries when it That is a human right. That is a uni- tion, particularly our precious first comes to libel and slander. versal right in this world, whether the amendment. Take Great Britain, for example. It courts in Great Britain recognize it or Specifically, our bill prohibits U.S. goes back to when the King ruled the not. And it is important that people be courts from recognizing and enforcing day. If you criticized the King, even if free to write the truth and not suffer foreign defamation judgments that do you were right, off with your head. One the consequences from it and certainly not comport with the first amendment. of the reasons that we formed our own not have to prove what they say is true I believe that passage of this bill will country was the idea of freedom of just because somebody objects. dissuade those who would seek to cir- speech and freedom of press and that is This legislation is good to protect cumvent our first amendment by filing why we put those two fundamental the publishers and writers in the actions in libel-friendly forums that do principles first in our Constitution. I United States that if they are sued in not share our protections and then have a pocket Constitution that most foreign courts, that those judgments threaten our authors with judgments. Members of Congress carry with them, will not be upheld unless that law, that I thank, again, Chairman CONYERS and the first amendment protects the judgment would be upheld in courts in and Ranking Member SMITH for their right of a free press and freedom of assistance in bringing this bill to the the United States. speech. This is important legislation. I would floor on suspension. I also thank Con- What has occurred, though, through- like to put into the RECORD an article gressman ISSA for his help and Con- out the courts in Great Britain in a from the San Francisco Chronicle talk- gressman Peter King. libel case, in other words somebody ing about this entire concept of libel Representative KING had a different bill on the same subject. He has shown writes something about somebody else, tourism. leadership on this issue for his home if the person that is the subject matter [From the San Francisco Chronicle, Aug. 29, State of New York, and he joined with doesn’t like it, they file a lawsuit in 2008] us in this particular bill to try to get it Great Britain, and the burden is on the LIBEL TOURISM: WHERE TERRORISM AND passed here in this Congress. person who wrote the document to CENSORSHIP MEET Adam Cohen, no relation to me in prove it is true. The burden is not on (By Cinnamon Stillwell) any way whatsoever, opined in The the accuser like it would be in the It has become popular for those with com- New York Times that this bill needed United States. That applies not only in peting political agendas to allege threats to to become law immediately. We did go libel cases but slander cases. And it has free speech, whether real or imagined. Yet, there is a very real threat to free speech that into warp speed to get this to the floor. taken place especially in books about Islamic terrorism throughout the has received little attention in the public b 1830 world. sphere. It’s called libel tourism and it has be- come a major component in the ideological I am committed to working with Mr. Writers critical of Islamic terrorists arm of the war on terrorism. KING next year. I have talked to Chair- are being sued by wealthy sheiks and At question is the publication of books and man CONYERS, and he is in agreement Saudi billionaires, specifically Khalid other writings that seek to shed light on the that we should have a public hearing bin Manfouz, who was accused in financing of Islamic terrorism. Increasingly, next year on this legislation with Mr. ‘‘Alms for Jihad’’ of financing Islamic American authors who dare enter this terri- KING’s ideas that go further than this terrorists through Muslim charities. tory are finding themselves at risk of being bill to discuss how far libel tourism What he did, he got mad about the sued for libel in the much more plaintiff- should go. And that hearing I think Cambridge University Press, and he friendly British court system in what amounts to an attempt to censor their work would satisfy Senator SPECTER’s office threatened to sue Cambridge Univer- on an international level. and others on the Senate side, to go sity Press. What happened in England, The latest case of libel tourism to rear its deeper to protect our authors and the which I hope never happens with our ugly head involves the book ‘‘Alms for freedom of speech. press, they got so nervous about it that Jihad,’’, which was published by Cambridge

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00130 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.004 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22812 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 University Press in 2006. Co-written by Ehrenfeld would not, as she put it in the to the individual copy or copies, and it is the former State Department analyst and New York Post, ‘‘acknowledge a British library’s property to do with as it pleases. USAID relief coordinator for Sudan J. Mil- court’s jurisdiction over a book published Given the intense interest in the book, and lard Burr and UC Santa Barbara professor here’’ and a trial was never held, but the the desire of readers to learn about the con- emeritus of history Robert O. Collins, ‘‘Alms court ruled in favor of bin Mahfouz by de- troversy first hand, we recommend that U.S. for Jihad’’ delves into the tangled web of fault. It also awarded bin Mahfouz $225,913 in libraries keep the book available for their international terrorist financing and, chief- damages and ordered Ehrenfeld to apologize users.’’ ly, the misuse of Muslim charities for such publicly and to destroy all unsold copies of Reportedly, Collins and Burr got the pub- purposes. the book. lishing rights to the book back from Cam- Among those the book fingers for involve- Instead, Ehrenfeld chose to fight back. No bridge University Press and, according to the ment is Saudi billionaire Khalid bin doubt aware of the larger implications at Library Journal, have had ‘‘several offers Mahfouz, the former chairman of Saudi Ara- work, she took her case to the United States from U.S. publishers.’’ It appears the ‘‘Alms bia’s largest bank, National Commercial and, giving bin Mahfouz a taste of his own for Jihad’’ saga is far from over and free Bank. Bin Mahfouz has come under similar medicine, sued him in a New York federal speech may yet win the day. scrutiny on previous occasions, including court on the basis that ‘‘his English default In another victory for free speech, as well being named a defendant in a lawsuit filed by judgment is unenforceable in the United as an instructive example of what such libel family members of victims of the Sept. 11 States and repugnant to the First Amend- suits look like when attempted in the United terrorist attacks. He even has a section of ment.’’ States, a recent case involving Yale Univer- his Web site devoted to trying to refute such Civil-liberties lawyer Harvey Silverglate sity Press proves useful. It involved a book charges. has described her case as ‘‘one of the most written by Matthew Levitt, the director of With this in mind, Cambridge University important First Amendment cases in the the Stein Program on Terrorism, Intel- Press lawyers looked over the manuscript for past 25 years’’ and sure enough, in June of ligence and Policy at the Washington Insti- tute for Near East Policy, titled ‘‘Hamas: ‘‘Alms for Jihad’’ carefully before giving it this year, the Second Circuit Court of Ap- Politics, Charity, and Terrorism in the Serv- the go-ahead. According to Collins, the pas- peals agreed that it deserved a hearing. The ice of Jihad.’’ sages involving bin Mahfouz are, in fact, court will begin hearing arguments this fall In his book, Levitt disputes the notion, quite ‘‘trivial’’ compared to the wealth of in- in what could turn out to be a pivotal case popular among Hamas apologists, that the formation contained in the book on how such involving the clash between First Amend- group’s terrorist and social service pursuits funds are used to finance conflicts around ment rights and foreign libel rulings. can be seen as separate. In the process, he the globe. Ehrenfeld may indeed have a strong case. implicates the Dallas charity KinderUSA, Yet, it is bin Mahfouz’s inclusion in ‘‘Alms She maintains that bin Mahfouz has a long which allegedly raises funds for Palestinian for Jihad’’ that has proven to be the most history of involvement in terrorist financ- children, in terrorist financing. The group problematic, for he soon threatened Cam- ing. The bulk of it, she wrote in 2005, re- has personnel connections to the now-closed bridge University Press with a libel lawsuit. volves around the now-defunct Muwafaq Holy Land Foundation for Relief and Devel- Before the suit could commence, Cambridge (Blessed Relief) Foundation, which was opment, which has been under investigation University Press capitulated and announced founded by bin Mahfouz and ‘‘identified by by federal authorities for funding Hamas. in July that not only was it taking the un- the U.S. Treasury Department as providing KinderUSA has also come under investiga- precedented step of pulping all unsold copies logistical and financial support to al Qaeda, tion and as a result, in 2005 suspended oper- of ‘‘Alms for Jihad,’’ but it was asking li- HAMAS, and the Abu Sayyaf organizations.’’ ations temporarily. braries all over the world to remove the book Ehrenfeld recapped her concerns more re- All of this information is available to the from their shelves. Cambridge University cently: ‘‘The data in both Alms for Jihad and public and the book was thoroughly fact- Press issued a formal apology to bin Mahfouz Funding Evil is all well-documented by the checked prior to publication. Levitt, who is and posted a public apology at its Web site. media and the U.S. Congress, courts, Treas- a witness in the ongoing trial of the Holy It also agreed to pay his legal costs and un- ury Department and other official state- Land Foundation, explained further that he specified damages, which, according to bin ments. Further corroboration comes from ‘‘conducted three years of careful research Mahfouz, are to be donated to UNICEF. French intelligence officials at the General for Hamas, and the book was the subject of Authors Burr and Collins, however, did not Directorate of External Security (DGSE), as academic peer review.’’ take part in the apology, nor were they a reported in the French daily, Le Monde. For But this didn’t stop KinderUSA and the party to the settlement, and they continue example, the DGSE reported that, in 1998, it chair of its board, Dr. Laila AI-Marayati, to stand by their scholarship. As Collins put knew bin Mahfouz to be an architect of the from filing a libel suit in California in April it, ‘‘I’m not going to recant on something banking scheme built to benefit Osama bin against Levitt, Yale University Press, and just from the threat of a billionaire Saudi Laden, and that both U.S. and British intel- the Washington Institute for Near East Pol- sheik . . . I think I’m a damn good histo- ligence services knew it, too.’’ icy. They disputed a particular passage from rian.’’ The authors were aware that Cam- For this reason, and also to create a prece- the book, as well as alleging that Yale Uni- bridge University Press’s decision was based dent, Ehrenfeld has been the only defendant versity Press did not subject it to fact- not so much on a lack of confidence in the so far not to settle with bin Mahfouz. And checking. But, in filing the suit in Cali- book as on a fear of incurring costly legal ex- she refuses to ‘‘acknowledge the British fornia, they were faced with a formidable penses and getting involved in a lengthy Court and its ruling’’ to this day. challenge: the state’s anti-SLAPP statute. trial. The British court system is known as Ehrenfeld’s success thus far countering bin According to Inside Higher Education: a welcoming environment for ‘‘libel tour- Mahfouz mirrors other indications that libel ‘‘KinderUSA asked the court for an injunc- ists’’ such as bin Mahfouz. The Weekly tourism may be backfiring. The largely tion on its request that distribution of the Standard elaborates: ‘‘Bin Mahfouz has a Internet-based furor over the attempt to book be halted, and also sought $500,000 in habit of using the English tort regime to squelch ‘‘Alms for Jihad’’ and what is widely damages. But in July, Yale raised the stakes squelch any unwanted discussion of his seen as Cambridge University Press’ cave-in by filing what is known as an ‘‘anti-SLAPP record. In America, the burden of proof in a has caused the book’s price to skyrocket. A suit’’ motion, seeking to quash the libel suit libel suit lies with the plaintiff. In Britain, it copy of the book sold on eBay this month for and to receive legal fees. SLAPP is an acro- lies with the defendant, which can make it $538. As noted at the blog Hot Air, ‘‘By suing nym for ‘‘strategic lawsuit against public terribly difficult and expensive to ward off a publisher Cambridge University Press into participation,’’ a category of lawsuit viewed defamation charge, even if the balance of submission, Khalid bin Mahfouz has turned as an attempt not to win in court, but to evidence supports the defendant.’’ an obscure scholarly book on the financial harass a nonprofit group or publication that Bin Mahfouz has indeed availed himself of workings of terrorism into a prized, rare is raising issues of public concern. The fear the British court system on many occasions, book.’’ of those sued is that groups with more having either sued or threatened suit against In addition, the American Library Associa- money can tie them up in court in ways that Americans and others at least 36 times since tion is rising to the occasion. Rather than would discourage them from exercising their 2002, according to Rachel Ehrenfeld, author going along with the Cambridge University rights to free speech. Anti-SLAPP statutes, and director of the American Center for De- Press settlement stipulation that American such as the one in California with which mocracy. libraries remove ‘‘Alms for Jihad’’ from their Yale responded, are tools created in some Ehrenfeld should know, as her own book, shelves, the American Library Association’s states to counter such suits.’’ ‘‘Funding Evil: How Terrorism is Financed— Office for Intellectual Freedom issued the Not only did Yale University Press stand And How to Stop It,’’ was also targeted by following statement earlier this month: ‘‘Un- by its author, but, in the end, its aggressive bin Mahfouz through the British court sys- less there is an order from a U.S. court, the response to KinderUSA paid off. It was an- tem. Bin Mahfouz sued Ehrenfeld for libel in British settlement is unenforceable in the nounced this month that the libel suit has 2004, soon after her book’s publication in the United States, and libraries are under no been dropped and no changes to the book or United States, even though only 23 copies legal obligation to return or destroy the payments to the plaintiffs will be forth- ever made it to the United Kingdom. book. Libraries are considered to hold title coming. KinderUSA claims that it dropped

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00131 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.004 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22813 the suit because of the costs involved, but ism by codifying a principle already reflected under U.S. standards before it could be en- it’s more likely it felt that it could not win. in U.S. law. forced here. This will provide important protec- If the case had been brought in the United Mr. Speaker, I commend the primary au- tion for Americans and others who exercise Kingdom, the outcome could have been far thors of the bill, my colleagues on the Judici- the First Amendment right of free speech in different. This is why Americans must be vigilant ary Committee, Representatives STEVE COHEN our country. about protecting their free speech rights, and DARRELL ISSA, for their hard work and per- I urge approval of the bill. even when the threats at hand do not fit into sistence in addressing this important subject. Mr. KING of New York. Mr. Speaker, today the politically correct playbook. Certainly I also want to acknowledge our colleague, I rise in support of H.R. 6146, legislation that not all Muslim charities and Saudi business- Representative PETER KING, the Ranking will prohibit the recognition and enforcement of men are involved in financing terrorism, but Member of the Homeland Security Committee, foreign defamation judgments based upon a the overwhelming amount of evidence point- for his work on the issue. publication that concerns a public figure or a ing to existing links deserves attention, as I urge my colleagues to support H.R. 6146. matter of public concern. This bill, like legisla- do the fervent attempts by interested parties Mr. UDALL of Colorado. Mr. Speaker, as a tion (Free Speech Protection Act) that I intro- to silence those trying to bring the truth to duced earlier this year attempts to deal with light. It is crucial that they not succeed. cosponsor of this bill, I rise to urge its ap- proval by the House. the issue of ‘‘libel tourism’’ that threatens not Mr. CONYERS. Mr. Speaker, I yield The bill responds to as increasingly serious only Americans’ First Amendment freedom of back the balance of my time. threat to freedom of speech—the phenomenon speech but also their ability to inform the gen- Mr. SMITH of Texas. Mr. Speaker, eral public about existential threats; namely, my Texas colleague described the mer- often called ‘‘libel tourism.’’ That term is used to describe lawsuits who are the terrorists and who are their sup- its of this legislation so well, I will brought in other countries—especially the porters. As the Ranking Member on the House simply make my prepared statement a United Kingdom—by people claiming to have Committee on Homeland Security I am regu- part of the RECORD. been defamed by publications that would not larly briefed on dangers to the homeland and Mr. Speaker, in the wake of 9–11, the be considered defamatory in the United know how grave these threats are. We cannot American media has become increasingly States. allow foreigners the opportunity to muzzle alarmed over a phenomenon called ‘‘libel tour- As explained in a recent news article about Americans for speaking the truth about these ism.’’ The term refers to the subject of a crit- the practice— dangers! ical news story suing the American author or Britain is a legal refuge because of defama- Libel tourism is a recent phenomenon in reporter of the story in a plaintiff-friendly over- tion standards rooted in common law. They which certain individuals are obstructing the seas forum. essentially assume that any offending speech free expression rights of Americans (and the This mostly occurs in the United Kingdom, is false and the writer or author must prove vital interest of the American people) by seek- since English libel and slander laws offer less that it is in fact true to prevail against the ing out foreign jurisdictions (‘‘libel shopping’’) protection to journalists compared to the U.S. charge. In the United States, with its First that do not provide the full extent of free- system that features the protection offered by Amendment protection for free speech, the speech protection that is enshrined in our First the First Amendment. situation tilts in the opposite direction: To Amendment. Some of these actions are in- succeed, libel plaintiffs must prove that the Persons identified in news stories as terror- tended not only to suppress the free speech ists or terrorist sympathizers have brought speech is false and published with a reckless disregard for the truth. rights of journalists and others but also to in- some of the higher-profile suits. In fact, H.R. timidate publishers and other organizations A notable example involves the case of Ra- 6146 is a legislative response to a New York from disseminating or supporting their work. case in which a Saudi billionaire sued an chel Ehrenfeld, an Israeli-born writer living in Unlike in the United States where the bur- American author in the UK for defamation, the United States and her legal battle with a den of proof is on the plaintiff to show that the based on the author’s allegations that he had billionaire Saudi entrepreneur, Khalid Salim publication was not only false but also mali- subsidized terrorist activities. bin Mahfouz over her 2003 book on terrorist fi- cious, in countries such as the United King- What is the legal hook that allowed a British nancing, ‘‘Funding Evil,’’ which asserted that dom it is the reverse: The defendant is re- court to claim jurisdiction over the case? Bin Mahfouz and his family provided financial quired to appear in court and prove what he Twenty-three copies of the author’s book de- support to Islamic terrorist groups. The book has written was 100 percent factual. And tailing the billionaire’s activities were pur- was not sold in the United Kingdom, but Mr. some of the ‘‘tourists’’ claims of jurisdiction are chased online in Great Britain. Bin Mahfouz’s lawyers argued that more than tenuous at best. In many cases, not only are The reporter chose not to appear before the 20 copies of her book had been purchased none of the individuals (author, litigant, or pub- court, which subsequently found her liable and there online and that therefore the British lisher) associated with the case living in the ordered her to pay $225,000 in damages, courts had authority to hear his defamation venue of jurisdiction, but neither are the books apologize to the plaintiff, and destroy any re- complaint. published there. These ‘‘tourists’’ stretch the maining copies of the offending book. Ms. Ehrenfeld did not respond and because law by claiming a handful of copies of the Such a result is doubly troublesome. First, she offered no defense, the judge ruled that book were purchased over the internet in that an author must worry about satisfying a judg- she had to pay a judgment of $225,000, country. The author must then hire an attor- ment that would bankrupt most Americans. apologize for false allegations, and destroy ex- ney, travel to the foreign country, and defend And second, an author must contend with the isting copies of the book. Mr. Bin Mahfouz has himself or likely face a default judgment fall-out of being shunned by the publishing not sought to collect on the judgment, but Ms. against him. Consequences include (but are community. Ehrenfeld says it has affected her ability to not limited to) fines, public apologies, pulping This is not an imagined result. It is a real publish further books. And last year Cam- of books, and the removal of them from book- threat to anyone wishing to earn a living by re- bridge University Press agreed to destroy all stores and libraries. porting and commenting on controversial sub- copies of ‘‘Arms for Jihad’’ and to write to 100 We cannot change nor would we want to jects. And it’s an outcome incompatible with libraries around the world seeking to add an change other countries’ (libel) laws. We must our constitutional history and its commitment explanatory sheet to archived books. respect their rule of law as they ought to re- to the free-flow of ideas and to the robust de- Evidently Mr. Bin Mahfouz has filed more spect ours. However, we cannot allow foreign bate contemplated by the First Amendment. than 24 lawsuits against writers and authors, citizens to exploit these courts to shield per- H.R. 6146 combats libel tourism by pro- and his advisers have created a special Web sonal reputations when it directly contradicts scribing enforcement of any foreign defama- site tracking the legal suits and apologies Americans’ First Amendment protected tion case if it is not ‘‘consistent with the First issued by writers and publishers. speech, especially when the subject matter is Amendment . . . .’’ This proposal tracks U.S. The bill now before the House responds to of such grave importance as terrorism and case law, which holds that a foreign judgment this threat to free speech. It would bar any those who finance it. We rely on a variety of will not be enforced in an American court if the U.S. court (State or Federal) from recognizing sources for intelligence and we cannot allow foreign judgment is offensive to State or Fed- or enforcing a foreign defamation judgment foreign litigants and foreign courts to tell us eral law. unless it determined that the judgment ‘‘is con- who can write and who can publish what. That H.R. 6146 does not overreach. It constitutes sistent with the First Amendment.’’ Thus, is a dangerous path we do not want to follow. a straightforward and sensible response to the someone who had won a defamation judg- Furthermore, the governments and courts of practical legal problems caused by libel tour- ment abroad would have to prove the case some foreign countries have failed to curtail

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00132 Fmt 0688 Sfmt 9920 E:\BR08\H27SE8.004 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22814 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 this practice, permitting lawsuits filed by per- person bringing the foreign lawsuit inten- working. Journalists are even afraid of writing sons who are often not citizens of those coun- tionally engaged in a scheme to suppress First about this legislation! That’s their goal here. tries, under circumstances where there is Amendment rights. It allows for the expedited Not to collect the money. Many of them are al- often little or no basis for jurisdiction over the discovery if the court determines that the ready wealthy, and if they really cared about Americans against whom such suits are speech at issue in the foreign defamation ac- collecting a monetary judgment they would file brought. tion is protected by the First Amendment. Fi- these suits in the U.S. in the first place. They Some of the plaintiffs bringing such suits are nally, nothing in this legislation would limit the choose not to, however, because they know intentionally and strategically refraining from rights of foreign litigants who bring good faith they would never win in a U.S. court. filing their suits in the United States, even defamation actions to prevail against journal- Finally, I support H.R. 6146 because it is a though the speech at issue was published in ists and others who have failed to adhere to first step in the right direction. I am a cospon- the United States, to avoid the Supreme standards of professionalism by publishing sor of this bill and thank Representatives Court’s First Amendment jurisprudence and false information maliciously or recklessly. The STEVE COHEN and DARRELL ISSA for intro- frustrate the protections it affords Americans. Free Speech Protection Act does, however, ducing it. H.R. 6146 is an important and nec- But this issue is also very troubling for the attempt to discourage those foreign libel suits essary part of any ‘‘libel tourism’’ bill. Unfortu- authors, journalists, and even publishers who that aim to intimidate, threaten, and restrict the nately, it doesn’t put an end to the problem attempt to write on these subjects. Already we freedom of speech of Americans. I am proud and doesn’t provide any deterrence from these have seen examples of authors having dif- to have worked closely with Senators. ARLEN suits being filed in the first place. But it is my ficulty getting their articles or books published SPECTER and JOE LIEBERMAN who have intro- hope that during the 111th Congress we can because of publishing houses’ fear of being duced companion legislation in the Senate. have hearings on this important issue and that sued overseas. Some companies have even I support the passage of H.R. 6146, a Fed- Representatives COHEN and ISSA, along with gone as far as to pay large settlements to eral version of New York State’s ‘‘Rachel’s Senators SPECTER and LIEBERMAN and I, can avoid having to go to court. So not only are Law,’’ which will provide protection to U.S. au- sit down together and craft a bill that we can authors being injured for the works they have thors, journalists, and publishers against the all agree on and that will solve this problem previously written but they and their publishers domestic enforcement of defamation judg- once and for all. are being intimidated from writing future works ments from foreign countries with less free Mr. ISSA. Mr. Speaker, I rise today in sup- on these important topics. The free expression speech protections than the U.S. The protec- port of H.R. 6146, a bill to stifle the practice and publication by journalists, academics, tion of free speech enshrined in the First of libel tourism. commentators, experts, and others of the in- Amendment is one of America’s most cher- The right to free speech in the United States formation they uncover and develop through ished rights, and it is unacceptable that First is of fundamental importance. It is arguably the cornerstone of our democracy and the research and study is essential to the forma- Amendment rights of Americans can be poten- hammer that keeps our government and its of- tion of sound public policy and thus to the se- tially undermined or restricted by foreign court judgments based on lower free speech stand- ficials in check. curity of Americans. We must not take our right to free speech The Americans against whom such suits are ards. for granted, for our level of freedom is not brought must consequently endure the prohibi- The impetus for a Federal ‘‘Rachel’s Law’’ is honored in many countries around the world. tive expense, inconvenience, and anxiety at- the case of Dr. Rachel Ehrenfeld, a U.S. cit- China is an easy example of government-con- tendant to being sued in foreign courts for izen and Director of the American Center for trolled speech, as demonstrated recently by Democracy. Dr. Ehrenfeld’s 2003 book, conduct that is protected by the First Amend- the restrictions placed on the international ‘‘Funding Evil: How Terrorism is Financed and ment, or decline to answer such suits and risk press during the Olympic Games. But other How to Stop It,’’ which was published solely in the entry of costly default judgments that may countries are more of a surprise. be executed in countries other than the United the United States by a U.S. publisher, alleged Our friend and ally, Great Britain, takes a States where those individuals travel or own that a Saudi Arabian subject and his family fi- much more liberal position on libel laws than property. nancially supported al Qaeda in the years pre- the United States. They allow judgments In turn, the American people are suffering ceding the attacks of September 11. He sued against defendants that would not pass muster concrete and profound harm because they, Dr. Ehrenfeld for libel in England though be- in our domestic courts, and for this reason their representatives, and other government cause under English law, it is not necessary many plaintiffs in libel suits involving American policy-makers rely on the free expression of for a libel plaintiff to prove falsity or actual defendants seek redress in British courts. information, ideas and opinions developed by malice as is required in the U.S. After the For example, the book, ‘‘Alms for Jihad’’, responsible journalists, academics, commenta- English court entered a judgment against Dr. written by a former State Department analyst tors, experts, and others for the formulation of Ehrenfeld, she sought to shield herself with a and a University of California Santa Barbara sound public policy, including national security declaration from both Federal and State courts professor, looked into the network of global fi- policy. that her book did not create liability under nances aiding international terrorism. The Having said that, the United States respects American law, but jurisdictional barriers pre- book mentioned a Saudi billionaire as being the sovereign right of other countries to enact vented both the Federal and New York State involved at some level, a claim not without their own laws regarding speech, and seeks courts from acting. Reacting to this problem, controversy, but also not without legitimate re- only to protect the First Amendment rights of the Governor of New York, on May 1, 2008, search by the authors. Americans in connection with speech that oc- signed into law the ‘‘Libel Terrorism Protection The threat of lawsuit by the billionaire in the curs, in whole or part, in the United States. Act’’, commonly known as ‘‘Rachel’s Law.’’ British courts alone caused Cambridge Univer- That is why earlier this year I introduced the I support H.R. 6146 because it prohibits sity Press to shred all unsold copies of ‘‘Alms Free Speech Protection Act, H.R. 5814, to de- U.S. (domestic) courts from enforcing these for Jihad’’ in addition to asking libraries the fend U.S. persons who are sued for defama- outrageous defamation suits. We must stand world over to pull the book. tion in foreign courts. This legislation allows up to the terrorists and their financers, sup- We cannot allow libel laws in other countries U.S. persons to bring a Federal cause of ac- porters, and sympathizers. However, this bill to censor the writings of American authors tion against any person bringing a foreign libel does not go far enough nor does it resolve the when laws within the United States find the suit if the writing does not constitute defama- problem of ‘‘libel tourism.’’ Foreign litigants will writings legitimate. Doing so will erode our tion under U.S. law. It would also bar enforce- still be allowed to file these libel suits over- right to free speech in the United States, an ment of foreign libel judgments and provide seas without the worry of being countersued outcome I believe we all find abhorrent. other appropriate injunctive relief by U.S. here in the U.S. If this bill passes, they will I cosponsored H.R. 6146 with Congressman courts if a cause of action is established. H.R. never see a dime of those hefty judgments STEVE COHEN to help eliminate this threat. The 5814 would award damages to the U.S. per- they were awarded, but that’s not what they bill instructs courts within the United States son who brought the action in the amount of are after in the first place. They want the de- not to enforce libel judgments of foreign courts the foreign judgment, the costs related to the fault judgment. They want the publicity. They unless the domestic court finds the judgment foreign lawsuit, and the harm caused due to want the apology. And they want these books is consistent with the First Amendment. This is the decreased opportunities to publish, con- to disappear. But most of all they want to in- a fairly simple mechanism, but one that we ex- duct research, or generate funding. Further- timidate. They want to make sure people are pect to help control the threat of censorship more, it would award treble damages if the afraid of writing anything about them. And it’s arising from libel tourism.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00133 Fmt 0688 Sfmt 9920 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22815 Without the fear of foreign judgments The Chair recognizes the gentleman Equal Justice For Our Military Act, a against legitimate writings, American authors from Michigan. bill giving our servicemembers equal should feel safe continue to promote national GENERAL LEAVE access to the United States Supreme and international discourse and debate. Mr. CONYERS. Mr. Speaker, I ask Court. Mr. SMITH of Texas. Mr. Speaker, I unanimous consent that all Members We all know when American men and yield back the balance of my time. may have 5 legislative days in which to women decide to serve their Nation in The SPEAKER pro tempore (Mr. revise and extend their remarks and in- the Armed Forces, they make many ALTMIRE). The question is on the mo- clude extraneous material on the bill sacrifices, from lost time with their tion offered by the gentleman from under consideration. families to irreplaceable loss of lives. Michigan (Mr. CONYERS) that the House The SPEAKER pro tempore. Is there Servicemembers also sacrifice one of suspend the rules and pass the bill, objection to the request of the gen- the fundamental legal rights that all H.R. 6146, as amended. tleman from Michigan? civilian members enjoy. The question was taken; and (two- There was no objection. Members of the military convicted of thirds being in the affirmative) the Mr. CONYERS. I yield myself such offenses under the military justice sys- rules were suspended and the bill, as time as I may consume. tem do not have the legal right to ap- amended, was passed. Mr. Speaker, the Equal Justice for Our Mili- peal their cases to the U.S. Supreme A motion to reconsider was laid on tary Act amends the Federal judicial code to Court. After exhausting their appeals the table. allow members of the United States Armed through the United States Court of Ap- peals for the Armed Forces, they have f Services to petition for review by the United States Supreme Court in certain cases when no recourse. In fact, the playing field is REPORT ON RESOLUTION WAIVING they have been denied relief by the Court of weighted in favor of the military, REQUIREMENT OF CLAUSE 6(a) Appeals for the Armed Forces. granting the automatic right of Su- OF RULE XIII WITH RESPECT TO Many Americans would be shocked to learn preme Court review to the Department CONSIDERATION OF CERTAIN that soldiers serving their country in uniform of Defense when a servicemember wins RESOLUTIONS are blocked from equal access to the Su- a case. But servicemembers are denied Mr. HASTINGS of Florida (during de- preme Court. the same right in nearly every case the bate on H.R. 6146), from the Committee But the truth is that current law provides vir- government wins against them. on Rules, submitted a privileged report tually no avenue through which active service It is unjust to deny the members of (Rept. No. 110–897) on the resolution (H. members who have been convicted by court- our Armed Forces access to our system Res. 1514) waiving a requirement of martial of certain serious offenses, or who of justice as they fight for our freedom clause 6(a) of rule XIII with respect to face discharge or dismissal, to ask our Na- around the world. They deserve better. consideration of certain resolutions re- tion’s highest court to review their case. As the chairwoman of the Sub- ported from the Committee on Rules, Currently, the Supreme Court can only hear committee on Military Personnel, a which was referred to the House Cal- cases where the U.S. Court of Appeals for the long time advocate for servicemembers endar and ordered to be printed. Armed Forces, the highest court of the military and a Representative from San Diego, justice system, has either conducted a review one of the largest military commu- f of a court-martial, or has granted a service- nities in the Nation, I feel an obliga- EQUAL JUSTICE FOR OUR member’s petition for extraordinary relief. tion to fight to ensure that the mem- MILITARY ACT OF 2007 What this means is that when the court of bers of our military are treated fairly. I introduced, along with Armed Serv- Mr. CONYERS. Mr. Speaker, I move appeals denies review, which it does nearly 90 ices Chairman Ike Skelton, H.R. 3174 to to suspend the rules and pass the bill percent of the time, the Supreme Court is correct this inequity. This bill has been (H.R. 3174) to amend titles 28 and 10, barred from reconsidering the case at the re- endorsed by the American Bar Associa- United States Code, to allow for certio- quest of the servicemember. tion, the Military Officers Association rari review of certain cases denied re- Adding insult to injury, while a servicemem- of America, and many other legal and lief or review by the United States ber is not able to obtain Supreme Court re- military advocates. In addition, the Court of Appeals for the Armed Forces. view if he or she loses at the court of appeals, Congressional Budget Office has stated The Clerk read the title of the bill. if the court of appeals rules against the gov- that this bill does not affect direct The text of the bill is as follows: ernment, the Government can seek review in the Supreme Court. spending. H.R. 3174 And a former servicemember who is tried It is fundamentally unjust, Mr. Be it enacted by the Senate and House of Rep- under the Military Extraterritorial Jurisdiction Speaker, to deny those who serve on resentatives of the United States of America in Act in civilian court for crimes committed while behalf of our country one of the basic Congress assembled, on active duty also has full right to petition for rights afforded to all other Americans. SECTION 1. SHORT TITLE. Supreme Court review. I hope that all of my colleagues will This Act may be cited as the ‘‘Equal Jus- stand with me in strong support of this tice for Our Military Act of 2007’’. The Equal Justice for Our Military Act cor- rects this unfair one-sidedness by allowing an legislation to attain equal treatment SEC. 2. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE active servicemember to file a writ of certiorari for those who fight for us. ARMED FORCES. to the Supreme Court in any case where the Mr. SMITH of Texas. Mr. Speaker, I (a) IN GENERAL.—Section 1259 of title 28, Court of Appeals for the Armed Forces has yield myself such time as I may con- United States Code, is amended— denied review of a court-marital conviction or sume. (1) in paragraph (3), by inserting ‘‘or de- has denied a petition for extraordinary relief. Mr. Speaker, the vast majority of nied’’ after ‘‘granted’’; and I would like to commend the author of this servicemembers serve with distinction (2) in paragraph (4), by inserting ‘‘or de- bill, our colleague SUSAN DAVIS of California, and honor, and are never subjected to nied’’ after ‘‘granted’’. disciplinary action under the Uniform (b) TECHNICAL AND CONFORMING AMEND- for her leadership in working to correct this on- MENT.—Section 867a(a) of title 10, United going injustice, so that our active Code of Military Justice. But when dis- States Code, is amended by striking ‘‘The servicemembers have the same fundamental ciplinary action is necessary, the Supreme Court may not review by a writ of protection that Americans take for granted. UCMJ and the military justice system certiorari under this section any action of I urge my colleagues to support this legisla- provide a high degree of protection for the Court of Appeals for the Armed Forces in tion. the accused. In many cases, these pro- refusing to grant a petition for review.’’. Mr. Speaker, I yield such time as she tections extend well beyond those pro- The SPEAKER pro tempore. Pursu- may consume to the gentlewoman from vided by the civil justice system. ant to the rule, the gentleman from California (Mrs. DAVIS). But from time to time, policymakers Michigan (Mr. CONYERS) and the gen- Mrs. DAVIS of California. Mr. Speak- ought to review and contemplate pro- tleman from Texas (Mr. SMITH) each er, I rise today on behalf of our troops posals for change. I am told the par- will control 20 minutes. by urging passage of H.R. 3174, the ticular section of the code this bill

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00134 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22816 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 would amend has not been altered or bill is written to permit an appellant improve the treatment and services subjected to a congressional review in to repeal the case to the Supreme provided by the Department of Vet- a quarter of a century. And yet the bill Court even when the Court of Appeals erans Affairs to veterans with post- before us proposes far-reaching and sig- for the Armed Forces has declined to traumatic stress disorder and sub- nificant changes in terms of expanded review it on the merits, let alone to stance use disorders, and for other pur- appellate rights for servicemembers issue a final decision. poses.’’. convicted of wrongdoing. Unfortunately, by refusing to permit The message also announced that the I would support consideration of this the subcommittee and committee Senate agreed to the amendment of the measure in the regular order. But the members to study the issues and prop- House to the bill (S. 3023) ‘‘An Act to regular order requires a review and erly discharge their responsibilities, amend title 38, United States Code, to consideration of the relative merits of the House leadership is forcing Mem- improve and enhance compensation the legislation by subcommittee and bers to make assumptions without any and pension, housing, labor and edu- committee members with subject mat- evidence. Just as a court should not cation, and insurance benefits for vet- ter expertise; a hearing with witnesses convict someone of an offense without erans, and for other purposes.’’. who can present expert testimony and due process and evidence beyond a rea- f offer guidance as to the necessity, ef- sonable doubt, Members of Congress NEED-BASED EDUCATIONAL AID fect and scope of any proposals in the should not be placed in the position of bill; a markup or markups after notice ACT OF 2008 changing long-standing policies with- to the public and the stakeholders out some formal process and actual Ms. ZOE LOFGREN of California. Mr. most likely to be impacted by changes; consideration of the evidence for and Speaker, I move to suspend the rules and a committee report that is written against the proposal. and concur in the Senate amendment and made available to the public and The Democratic leadership increas- to the bill (H.R. 1777) to amend the Im- future Congresses that explains the in- proving America’s Schools Act of 1994 tent and rationale of the proposed ingly has resorted to extraordinary tactics to move legislation. In so doing, to make permanent the favorable changes. treatment of need-based educational Regrettably, the committee and they do a disservice to the Members of aid under the antitrust laws. House leadership have decided to short- the House and of the people we rep- The Clerk read the title of the bill. circuit the process and dispense with resent. The text of the Senate amendment is every single one of these steps. This is In closing, Mr. Speaker, the unasked despite the fact that the bill was intro- questions and lack of process compel as follows: duced by its sponsors and referred to me for the time being to oppose this Senate amendment: the Courts Subcommittee, with no ac- legislation. On page 2, strike lines 5 and 6 and insert the following: ‘‘Section 568(d) of the Improving tion, more than a year ago. I yield back the balance of my time. Mr. CONYERS. I yield back the bal- America’s Schools Act of 1994 (15 U.S.C. 1 note) The regular order did not fare any is amended by striking ‘2008’ and inserting better in the other body where the ance of my time. ’2015’.’’. committee of jurisdiction took up the The SPEAKER pro tempore. The The SPEAKER pro tempore. Pursu- measure just 2 weeks ago and reported question is on the motion offered by ant to the rule, the gentlewoman from it without a hearing, a report, or any the gentleman from Michigan (Mr. California (Ms. ZOE LOFGREN) and the other substantial process or record. CONYERS) that the House suspend the gentleman from Texas (Mr. SMITH) Because of the haste with which this rules and pass the bill, H.R. 3174. each will control 20 minutes. proposal is being considered, one might The question was taken; and (two- The Chair recognizes the gentle- infer there are no questions that ought thirds being in the affirmative) the woman from California. to be addressed or there are questions rules were suspended and the bill was that might expose this bill as bad pol- passed. GENERAL LEAVE icy if Congress wasn’t rushing to judg- A motion to reconsider was laid on Ms. ZOE LOFGREN of California. Mr. ment. the table. Speaker, I ask unanimous consent that The truth is when a similar measure all Members have 5 legislative days to was introduced last Congress, the gen- f revise and extend their remarks and to eral counsel of the Department of De- FURTHER MESSAGE FROM THE include extraneous material on the bill fense raised major questions about the SENATE under consideration. wisdom and necessity of that bill, as The SPEAKER pro tempore. Is there A further message from the Senate well as its likely impact on the depart- objection to the request of the gentle- by Ms. Curtis, one of its clerks, an- ment. woman from California? nounced that the Senate has passed In a letter dated February 6, 2006, There was no objection. and agreed to without amendment bills General Counsel William J. Haynes, II, Ms. ZOE LOFGREN of California. I and a concurrent resolution of the wrote that the Department of Defense yield myself such time as I may con- House of the following titles: ‘‘opposes the proposed legislation.’’ sume. He noted the department’s view that H.R. 1157. An act to amend the Public The Need-Based Educational Aid Act, ‘‘there is demonstrable inequity that Health Service Act to authorize the director sponsored by our colleagues BILL needs to be rectified’’; that ‘‘opening of the National Institute of Environmental DELAHUNT of Massachusetts and Rank- this additional avenue of Supreme Health Sciences to make grants for the de- ing Member LAMAR SMITH of Texas, ex- Court appeal will require legal reviews velopment and operation of research centers tends an antitrust exemption that per- and briefs from numerous counsel on regarding environmental factors that may be related to the etiology of breast cancer. mits colleges to agree to award finan- the military departments’ Government H.R. 1532. An act to amend the Public cial aid on a need-blind basis and to use and Defense Appellate Divisions, the Health Service Act with respect to making common principles of needs analysis in Department of Defense Office of Gen- progress toward the goal of eliminating tu- eral Counsel, as well as within the Of- making their determinations. This ex- berculosis, and for other purposes. emption also permits the use of a com- fice of the Solicitor General and the H.R. 6946. An act to make a technical cor- Supreme Court,’’ and that the legisla- rection in the NET 911 Improvement Act of mon aid application form in exchange tion provides no ‘‘clear safeguards’’ to 2008. of student financial information preclude the possible abuse by peti- H. Con. Res. 195. Concurrent resolution ex- through a third party. tioners of this new avenue for appellate pressing the sense of the Congress that a Na- In 1992, Congress passed the first ex- tional Dysphagia Awareness Month should review. emption. It has expired several times, be established. and it is now set to expire in 4 days. We b 1845 The message also announced that the hope to avoid that by passing this bi- I am particularly concerned by this Senate agreed to the amendment of the partisan legislation. last point as well as the fact that the House to the bill (S. 2162) ‘‘An Act to I reserve the balance of my time.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00135 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22817 Mr. SMITH of Texas. Mr. Speaker, I to go to one of these schools because of exemption, similar to the 1992 exemption, al- yield myself such time as I may con- the limited financial means of their lowed agreements to provide aid on the basis sume. families. This bill helps protect need- of need only and to use common principles of With the current antitrust exemption based aid and need-blind admissions. It needs analysis. It also prohibited agreements for need-based educational aid expiring has been noncontroversial in the past, on awards to specific students. Unlike the on September 30, our timely action is and it is supported by a number of 1992 exemption, it allowed agreement on the necessary. Congressman DELAHUNT, the higher educational groups. I urge my use of a common aid application form and the sponsor of this bill, has successfully colleagues to support this bill. exchange of the student’s financial information guided it through Congress, and with- I yield back the balance of my time. through a third party. The exemption was to out his efforts, we might not have ex- Ms. ZOE LOFGREN of California. Mr. expire on September 30, 1997. tended this extension before it expired. Speaker, the exemption that we are re- In 1997, Congress passed a law to extend I appreciate Mr. DELAHUNT’s leader- newing today has worked well. It the expiration date until September 30, 2001. ship because this issue has long been of makes sure that schools don’t have to In 2001, the exemption was extended to Sep- interest to me. I was a sponsor of the compete for the very top students, tember 30, 2008. bill that extended the exemption in which could result in some students, H.R. 1777, introduced by Representative 1997 and in 2001, and I am pleased to be the top students, getting excess aid BILL DELAHUNT and Ranking Member LAMAR a cosponsor of this bill as well. while the rest of the applicant pool re- SMITH, would make the exemption passed in The bills in 1997 and 2001 were like ceives less or, in some cases, none at 1994 permanent. It would not make any other the bill that passed the House last all. change to the substance of the exemption. April, a permanent extension of the As mentioned by Mr. SMITH, it was This is a good bill because need-based fi- moratorium. Both times, the Senate sent back to us by the Senate. The ex- nancial aid serves social goals that the anti- amended those bills, as they did again emption is extended to 2015. Enacting trust laws do not adequately address, namely, this year, to a term of years. This ex- this today protects need-based aid and making financial aid available to the broadest emption originated because Congress need-blind admissions, and it will help number of students solely on the basis of preserve the opportunity for all stu- disagreed with a suit brought by the demonstrated need. Department of Justice against nine dents to attend one of the Nation’s But for the existence of financial aid, and colleges for their efforts to use com- most prestigious schools. As Mr. SMITH laws like this one, many of us today in Con- has noted, we hope someday to have a mon criteria to assess each student’s gress and in America, generally, would not permanent extension, but for now, we financial need. Twenty-seven colleges have benefited from a post-secondary school need to pass this bill. I urge my col- and universities currently are members education. We must pass this bill today to en- leagues to support the legislation. of the 568 Presidents’ Group, which uti- sure that Americans continue to benefit from Ms. JACKSON-LEE of Texas. Mr. Speaker, lizes this antitrust exemption. need-based financial aid at institutions of high- I rise today in support of H.R. 1777, the They include Amherst College, Bos- er learning. ‘‘Need-Based Educational Aid Act of 2007.’’ ton College, Brown University, Clare- Ms. ZOE LOFGREN of California. I This bill is co-sponsored by Representative mont McKenna College, Columbia Uni- yield back the balance of my time. DELAHUNT. This bill makes sense and it should versity, Cornell University, Dartmouth The SPEAKER pro tempore. The be supported. I urge my colleagues to support College, Davidson College, Duke Uni- question is on the motion offered by this very important bill. versity, Emory University, Georgetown H.R. 1777 would make permanent an ex- the gentlewoman from California (Ms. University, Grinnell College, Haverford emption to the antitrust laws that permits the ZOE LOFGREN) that the House suspend College, MIT, Middlebury College, Ivy League schools to agree to award financial the rules and concur in the Senate Northwestern University, Pomona Col- aid on a need-blind basis and to use common amendment to the bill, H.R. 1777. lege, Rice University, Swarthmore Col- principles of needs analysis in making their The question was taken; and (two- lege, the University of Chicago, the determinations. The exemption also allows for thirds being in the affirmative) the University of Notre Dame, the Univer- agreement on the use of a common aid appli- rules were suspended and the Senate sity of Pennsylvania, Vanderbilt Uni- cation form and the exchange of the student’s amendment was concurred in. versity, Wake Forest University, financial information through a third party. A motion to reconsider was laid on Wellesley College, Wesleyan Univer- Without this legislation, the exemption will ex- the table. sity, and Williams College. pire on September 30, 2008. I support this bill. f Several other colleges, including Beginning in the mid-1950s, a number of SPECIAL IMMIGRANT NONMIN- Yale and Harvard, participate as advi- prestigious private colleges and universities ISTER RELIGIOUS WORKER PRO- sory members of this group. agreed to award institutional financial aid, i.e., GRAM ACT To my knowledge, there are no com- aid from the school’s own funds solely on the plaints about the existing exemption. basis of demonstrated financial need. These Ms. ZOE LOFGREN of California. Mr. In fact, a recent GAO study of the ex- schools also agreed to use common principles Speaker, I move to suspend the rules emption found that there has been no to assess each student’s financial need and to and pass the Senate bill (S. 3606) to ex- abuse of the exemption, and it stated give the same financial aid award to students tend the special immigrant nonmin- that there has not been an increase in admitted to more than one member of the ister religious worker program and for the cost of tuition as a result of the ex- group. This practice remained undisturbed other purposes. emption. until the late 1980s. The Clerk read the title of the Senate This bill, as amended by the Senate, In 1989, the Antitrust Division of the Depart- bill. would extend the exemption for an- ment of Justice brought suit against the nine The text of the Senate bill is as fol- other 7 years. It would not make any Ivy League schools to enjoin this practice. In lows: change to the substance of the exemp- 1991, the eight Ivy Leagues, except MIT, S. 3606 tion. I had hoped that Congress would agreed to a consent decree that ended this Be it enacted by the Senate and House of Rep- have been able to extend the exemption practice. resentatives of the United States of America in permanently, but I’m aware that some In 1992, Congress passed a temporary anti- Congress assembled, in the Senate objected. trust exemption to allow the schools to agree SECTION 1. SHORT TITLE. The need-based financial aid system to award financial aid on a need-blind basis This Act may be cited as ‘‘Special Immi- serves a worthy goal that the antitrust and to use common principles of needs anal- grant Nonminister Religious Worker Pro- gram Act’’. laws do not adequately address—mak- ysis. This temporary exemption prohibited any SEC. 2. SPECIAL IMMIGRANT NONMINISTER RELI- ing financial aid available to the agreement as to the terms of a financial aid GIOUS WORKER PROGRAM. broadest number of students solely on award to any specific student. It was to expire (a) EXTENSION.—Subclause (II) and sub- the basis of demonstrated need. on September 30, 1994. clause (III) of section 101(a)(27)(C)(ii) of the No students who are otherwise quali- In 1994, Congress passed another tem- Immigration and Nationality Act (8 U.S.C. fied should be denied the opportunity porary exemption from the antitrust laws. This 1101(a)(27)(C)(ii)) are amended by striking

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00136 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22818 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 ‘‘October 1, 2008,’’ both places such term ap- porates those protections. I think this changes to the E-Verify program exten- pears and inserting ‘‘March 6, 2009,’’. is a sound bill, and I hope that we’re sion that we were able to pass here. (b) REGULATIONS.—Not later than 30 days able to pass it tonight. When they were unable to get it, the after the date of the enactment of this Act, I reserve the balance of my time. Senate—or I should say the other the Secretary of Homeland Security shall— Mr. SMITH of Texas. Mr. Speaker, I (1) issue final regulations to eliminate or body—was able to agree on just an ex- reduce fraud related to the granting of spe- yield myself such time as I may con- tension until March 6. Then the issue cial immigrant status for special immigrants sume. was that nothing else was going to go described in subclause (II) or (III) of section I am happy to have played a part in past March 6. 101(a)(27)(C)(ii) of the Immigration and Na- the creation of the Religious Worker So I think it’s interesting to note tionality Act (8 U.S.C. 1101(a)(27)(C)(ii)); and Immigrant Visa program in 1990. These that, even though we oftentimes have (2) submit a certification to Congress and visas enable American religious de- very contentious disagreements on var- publish notice in the Federal Register that nominations, large and small, to ben- ious immigration matters here in the such regulations have been issued and are in efit from committed religious workers House, we were able to come to an effect. from other countries. agreement to extend the E-Verify pro- (c) REPORT.—Not later than March 6, 2009, Last April, the House passed legisla- the Inspector General of the Department of gram for an extended period of time. Homeland Security shall submit to Congress tion to extend the program for an addi- They couldn’t get that together in the a report on the effectiveness of the regula- tional 7 years. Senator SPECTER intro- Senate, so we’re going to, indeed, have tions required by subsection (b)(1). duced legislation in the Senate to ex- to revisit this as well as E-Verify early (d) EFFECTIVE DATE.—The amendments tend the program for 3 years. I support next year, and we will have to try and made by subsection (a) shall take effect on this bill today. However, it only reau- come to an agreement that is bipar- the date that the Secretary of Homeland Se- thorizes the religious worker visa pro- tisan and bicameral. Certainly, we need curity submits the certification described in gram for about 5 months. subsection (b)(2) stating that the final regu- to approve this today so that religious Why such a short reauthorization? workers can enrich the lives of our lations required by subsection (b)(1) have Well, the reason is that some Demo- been issued and are in effect. communities. With that, I urge its crats in the Senate are holding the re- adoption. The SPEAKER pro tempore. Pursu- authorization of another vital immi- ant to the rule, the gentlewoman from Mr. Speaker, S. 3606 is similar to a bill I au- gration program hostage. The E-Verify thored, H.R. 5570, which passed the House California (Ms. ZOE LOFGREN) and the program provides tens of thousands of on April 15 of this year. gentleman from Texas (Mr. SMITH) American employers who want to do Both bills would reauthorize the Special Im- each will control 20 minutes. the right thing with an effective tool migrant Non-Minister Religious Worker Pro- The Chair recognizes the gentle- to ensure that they are hiring a legal gram, which allows non-minister religious woman from California. workforce. workers to obtain special immigrant status in GENERAL LEAVE The authorization for E-Verify ex- the U.S. so that they may do the work re- Ms. ZOE LOFGREN of California. Mr. pires in November, so the House passed quired of their faith. Speaker, I ask unanimous consent that a 5-year reauthorization by the over- The program is vitally important to religious all Members have 5 legislative days to whelming vote of 407–2. Unfortunately, organizations as it provides in many!instances revise and extend their remarks and to Democrats in the Senate have refused the only avenue for nuns, monks, and other include extraneous material on the bill to pass an extension of E-Verify for people of faith to come to the United States to under consideration. longer than 5 months. They refuse to fill a vocation or other traditional religious oc- The SPEAKER pro tempore. Is there pass a longer extension unless we ac- cupation. Those who use the visas come over objection to the request of the gentle- cede to their demand to increase immi- to serve as missionaries, counselors, trans- woman from California? gration to the United States by about a lators, religious instructors, cantors, and other There was no objection. half a million people. pastoral care providers. Ms. ZOE LOFGREN of California. I Such a demand goes against the clear Unfortunately, the program is currently set yield myself such time as I may con- preference of the American people who to expire in just a few days. sume. support current or reduced levels of im- H.R. 5570, the bill I authored, would have S. 3606 reauthorizes the Special Im- migration. It goes against the interest extended the program for several years. But migrant Nonminister Religious Worker of American workers who compete with S. 3606, as sent back from the Senate, would Program, which provides an avenue for foreign workers for the same jobs, and extend the program only through March 6, nuns, monks and other religious work- it goes against the interest of Amer- 2009. Although I strongly would have pre- ers to come to the United States to do ican employers who want to count on ferred to extend the program for longer, the their important work. If we do not act, E-Verify’s being available to them for program is too important to let expire. We this program will sunset in just 4 days. the long term. should extend the program today to allow us On April 15 of this year, we passed This body is right to reject the de- the additional time we need to work out a H.R. 5570 to reauthorize the program mand of the Senate Democrats. Unfor- longer extension. for 7 years. As sent over from the Sen- tunately, since they will only extend I also note tat the program was first enacted ate, the bill allows the program to ex- E-Verify for 5 months, we will only get in 1990 and that Congress has extended it pire on March 6, 2009. While this unfor- a 5-month extension of the religious four times, most recently in 2003. Working tunate limitation will require Congress worker visa program. So we will need with LAMAR SMITH, the Ranking Member of the to revisit this issue promptly next to address this issue again after the Judiciary Committee, we made changes to the year, I believe the program is too im- 111th Congress convenes next January. program for the first time to address potential portant to let expire. I do appreciate the language in this fraudulent uses of the program. The Senate The 5,000 religious workers eligible bill that requires the Department of bill includes those protections. for these visas each year are called to Homeland Security to expeditiously I urge my colleagues to support this impor- a vocation or are in traditional reli- issue needed regulations to address tant bipartisan legislation. gious occupations with bona fide non- fraud in the religious worker visa pro- I yield back the balance of my time. profit religious organizations. They are gram. I have long been concerned about The SPEAKER pro tempore. The missionaries, counselors, religious in- the high level of fraud that has been question is on the motion offered by structors, and other pastoral care pro- evident in this program. I urge my col- the gentlewoman from California (Ms. viders. leagues to support this bill. ZOE LOFGREN) that the House suspend There is a bipartisan consensus I yield back the balance of my time. the rules and pass the Senate bill, S. around this program. It has been ex- Ms. ZOE LOFGREN of California. Mr. 3606. tended four times since first enacted in Speaker, I just want to comment brief- The question was taken; and (two- 1990. We have worked with Mr. SMITH ly on the March 6 date. thirds being in the affirmative) the to craft provisions to guard against po- It is my understanding that two Re- rules were suspended and the Senate tential fraud. The Senate bill incor- publican Senators requested dramatic bill was passed.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00137 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22819 A motion to reconsider was laid on I commend Ranking Member LAMAR No one disputes that there is a health care the table. SMITH, as well as my colleague, SHEILA crisis in this country. With our population f JACKSON-LEE, for their efforts to bring aging, there is no doubt that the demand for this bill to the floor, and I urge my col- health care will only increase. b 1900 leagues to support this legislation. The problem is made worse by a shortage EXTENDING PROGRAM RELATING I reserve the balance of my time. of medical professionals, including doctors, in TO WAIVER OF FOREIGN COUN- Mr. SMITH of Texas. Mr. Speaker, I many communities across America. H.R. 5571 TRY RESIDENCE REQUIREMENT yield myself such time as I may con- will reauthorize a program—the Conrad 30 J WITH RESPECT TO INTER- sume. Waiver Program—that has been successful at NATIONAL MEDICAL GRADUATES Mr. Speaker, this bill extends a pro- helping medically underserved communities gram that has successfully brought Ms. ZOE LOFGREN of California. Mr. attract highly skilled physicians. doctors to medically underserved areas The program allows States to recruit foreign Speaker, I move to suspend the rules in the U.S. The Conrad Program allows doctors who have received their medical train- and concur in the Senate amendment foreign doctors who have been here on ing in the United States, so long as those doc- to the bill (H.R. 5571) to extend for 5 exchange programs to stay at the con- tors work in medically underserved areas. years the program relating to waiver of clusion of their residencies if they This program is critically important to under- the foreign country residence require- agree to practice medicine for at least served communities across this country, but it ment with respect to international 3 years in health professionals shortage unfortunately expired on June 1, 2008. The medical graduates, and for other pur- areas. poses. Mr. Speaker, this is a good bill. I House passed the bill on May 21, but the Sen- The Clerk read the title of the bill. urge my colleagues to support it. ate did not act until just yesterday, when it ex- The text of the Senate amendment is This bill extends a program that has suc- tended the program through March 6, 2009. as follows: cessfully brought doctors to medically under- Although I would have strongly preferred to Senate amendment: served areas in the U.S. The ‘‘Conrad’’ pro- reauthorize this program for 5 years, as the On page 2, line 5, strike ‘‘June 1, 2013’’ and bill I introduced stated, this program is too im- insert ‘‘March 6, 2009’’. gram allows foreign doctors who have been here on exchange programs to stay at the portant to let expire as we continue to nego- The SPEAKER pro tempore. Pursu- conclusion of their residencies if they agree to tiate the length of time this program should be ant to the rule, the gentlewoman from practice medicine for at least 3 years in health extended. We must pass this bill today so that California (Ms. ZOE LOFGREN) and the professional shortage areas. we may have the additional time we need to gentleman from Texas (Mr. SMITH) In May the House passed legislation to ex- further reauthorize the Conrad 30 J Waiver each will control 20 minutes. tend the program for an additional 5 years. Program. The Chair recognizes the gentle- And Senator SPECTER introduced legislation in I wish to thank LAMAR SMITH, the Ranking woman from California. the Senate to also extend the program for 5 Member of the Judiciary Committee, and Rep- GENERAL LEAVE years. Our medically underserved commu- resentative SHEILA JACKSON-LEE for their ef- Ms. ZOE LOFGREN of California. Mr. nities deserve a long-term reauthorization of forts in helping me bring this bill to the floor. Speaker, I ask unanimous consent that this program so that they can better plan for I urge my colleagues to support this impor- all Members have 5 legislative days to the future. tant legislation. revise and extend their remarks and in- I support this bill today. However, it only re- Mr. SMITH of Texas. Mr. Speaker, I clude extraneous material on the bill authorizes the Conrad program for about 5 yield back my time. under consideration. months. Why such a short reauthorization? Ms. ZOE LOFGREN of California. Mr. The SPEAKER pro tempore. Is there Well, the reason is that the Democrats on the Speaker, I just further urge support of objection to the request of the gentle- other side of the Capitol are holding the reau- this bill, and I yield back my time. woman from California? thorization of another vital immigration pro- The SPEAKER pro tempore. The There was no objection. gram hostage. question is on the motion offered by Ms. ZOE LOFGREN of California. Mr. The E-Verify program provides tens of thou- the gentlewoman from California (Ms. Speaker, I yield myself such time as I sands of American employers who want to do ZOE LOFGREN) that the House suspend may consume. the right thing with an effective way to ensure Mr. Speaker, H.R. 5571 reauthorizes a the rules and concur in the Senate that they are hiring a legal workforce. The au- amendment to the bill, H.R. 5571. critically important immigration pro- thorization for E-Verify expires in November, gram that helps medically underserved The question was taken; and (two- so the House passed a 5 year reauthorization thirds being in the affirmative) the communities attract highly skilled by the overwhelming vote of 407 to 2. physicians. This program expired on rules were suspended and the Senate Unfortunately, the Democrats in the Senate amendment was concurred in. June 1 of this year. On May 21, the have refused to pass an extension of E-Verify House passed this bill with a 5-year re- A motion to reconsider was laid on for longer than 5 months. They refuse to pass the table. authorization. a longer extension unless we accede to their As sent back from the Senate, the demand to increase immigration to the U.S. by f bill allows the program to expire again over 500,000 persons. CAMPUS SAFETY ACT OF 2008 on March 6, 2009. While this unfortu- Such a demand goes against the clear pref- Ms. ZOE LOFGREN of California. Mr. nate limitation will require Congress erence of the American people who oppose to revisit this issue promptly next Speaker, I move to suspend the rules an increase in immigration levels already at a and pass the bill (H.R. 6838) to establish year, the program is too important to record high. It goes against the interests of let expire. The program helps States and operate a National Center for Cam- American workers in these unsettled economic pus Public Safety. attract doctors who have received their times. And it goes against the interests of medical training in the United States The Clerk read the title of the bill. American employers, who want to count on E- The text of the bill is as follows: and who agree to work in medically un- Verify being available to them for the long H.R. 6838 derserved areas. term. Its importance was demonstrated The House is right to reject the demand of Be it enacted by the Senate and House of Rep- last year when a tornado utterly de- the Senate Democrats. Unfortunately, since resentatives of the United States of America in Congress assembled, stroyed the town of Greensburg, Kan- they will only extend E-Verify for 5 months, we sas. That town would not have had doc- will only get a five month extension of the SECTION 1. SHORT TITLE. tors without this program, and their This Act may be cited as the ‘‘Center to Conrad program. Thus, we will need to ad- Advance, Monitor, and Preserve University presence helped tremendously in the dress this issue again after the 111th Con- Security Safety Act of 2008’’ or the ‘‘CAM- town’s ability to keep casualties to a gress convenes next winter. PUS Safety Act of 2008’’. minimum. I urge my colleagues to support this bill. SEC. 2. NATIONAL CENTER FOR CAMPUS PUBLIC We need to keep this program going Ms. ZOE LOFGREN of California. Mr. SAFETY. so that the States can attract medical Speaker, today, we are preventing a critically Title I of the Omnibus Crime Control and talent and keep the doors open. important immigration program from expiring. Safe Streets Act of 1968 (42 U.S.C. 3711 et

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00138 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22820 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 seq.) is amended by adding at the end the fol- ‘‘(2) coordinate the establishment and op- tally-disturbed young man who was able to lowing new part: eration of the Center with campus public purchase two handguns. He brought those ‘‘PART LL—NATIONAL CENTER FOR safety resources that may be available with- handguns to the campus and began a shoot- CAMPUS PUBLIC SAFETY in the Department of Homeland Security and the Department of Education. ing spree that spanned several hours and oc- ‘‘SEC. 3021. NATIONAL CENTER FOR CAMPUS PUB- curred in both dorms and classrooms across LIC SAFETY. ‘‘(d) DEFINITION OF INSTITUTION OF HIGHER campus. ‘‘(a) AUTHORITY TO ESTABLISH AND OPERATE EDUCATION.—In this section, the term ‘insti- CENTER.— tution of higher education’ has the meaning Sadly, in February of this year, a gunman ‘‘(1) IN GENERAL.—The Director of the Of- given the term in section 101 of the Higher stormed a classroom at Northern Illinois Uni- fice of Community Oriented Policing Serv- Education Act of 1965 (20 U.S.C. 1001). versity and opened fire, killing 5 students and ices is authorized to establish and operate a ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— wounding 16 others before killing himself. National Center for Campus Public Safety There are authorized to be appropriated to In the wake of the tragic shootings at Vir- (referred to in this section as the ‘Center’). carry out this section $2,750,000 for each of ginia Tech and Northern Illinois University and the fiscal years 2009 through 2013.’’. ‘‘(2) GRANT AUTHORITY.—The Director of a recent rash of violence in public schools the Office of Community Oriented Policing The SPEAKER pro tempore. Pursu- across the country, it is appropriate for Con- Services is authorized to award grants to in- ant to the rule, the gentlewoman from gress to act to provide resources to schools stitutions of higher education and other non- California (Ms. ZOE LOFGREN) and the profit organizations to asisst in carrying out and law enforcement officials to help protect gentleman from Texas (Mr. SMITH) the functions of the Center required under our schools. subsection (b). each will control 20 minutes. School and college campuses should be ‘‘(b) FUNCTIONS OF THE CENTER.—The Cen- The Chair recognizes the gentle- safe environments for students to learn. ter shall— woman from California. Today, campus security requires much more ‘‘(1) provide quality education and training GENERAL LEAVE than ever before, including campus police, for campus public safety agencies of institu- Ms. ZOE LOFGREN of California. Mr. emergency alert systems, and emergency re- tions of higher education and the agencies’ Speaker, I ask unanimous consent that collaborative partners, including campus sponse plans. mental health agencies; all Members have 5 legislative days to H.R. 6838, the CAMPUS Safety Act, author- ‘‘(2) foster quality research to strengthen revise and extend their remarks and in- izes the Department of Justice to establish a the safety and security of the institutions of clude extraneous material on the bill National Center for Campus Public Safety to higher education in the United States; under consideration. award grants to colleges and universities and ‘‘(3) serve as a clearinghouse for the identi- The SPEAKER pro tempore. Is there other nonprofit organizations, provide edu- fication and dissemination of information, objection to the request of the gentle- cation and training for campus public safety policies, procedures, and best practices rel- woman from California? agencies, and promote research to improve evant to campus public safety, including off- There was no objection. campus housing safety, the prevention of vi- the security of colleges and universities. olence against persons and property, and Ms. ZOE LOFGREN of California. Mr. The center may coordinate with other Fed- emergency response and evacuation proce- Speaker, I yield myself such time as I eral agencies to prevent and respond to nat- dures; may consume. ural disasters, incidents of campus violence, ‘‘(4) develop protocols, in conjunction with Mr. Speaker, over the past few years, or other emergencies. The center may also the Attorney General, the Secretary of we have seen a number of tragic inci- promote the development of an effective be- Homeland Security, the Secretary of Edu- dents of violence at colleges and uni- havioral health threat assessment to prevent cation, State, local, and tribal governments versities, including the disastrous inci- campus violence. and law enforcement agencies, private and dents at Virginia Tech and Northern Il- It is my hope that through this legislation nonprofit organizations and associations, and other stakeholders, to prevent, protect linois University. and other programs across the country, we against, respond to, and recover from, nat- This bill will help schools to more ef- can do our best to prevent violence on our ural and man-made emergencies or dan- fectively prevent such incidents and to college and university campuses. gerous situations involving an immediate more effectively respond if such inci- I urge my colleagues to support the pas- threat to the health or safety of the campus dents do occur. It creates a national sage of H.R. 6838. community; center for campus public safety admin- I yield back my time. ‘‘(5) promote the development and dissemi- istered through the Department of Jus- Ms. JACKSON-LEE of Texas. Mr. Speaker, nation of effective behavioral threat assess- tice. The center will train campus safe- I rise today in support of H.R. 6838, ‘‘Center ment and management models to prevent campus violence; ty agencies, promote research into im- to Advance, Monitor, and Preserve University ‘‘(6) coordinate campus safety information proving campus safety, and be a clear- Security Safety Act of 2008’’, introduced by (including ways to increase off-campus hous- inghouse for campus safety informa- my colleague Congressman BOBBY SCOTT of ing safety) and resources available from the tion. The director at the center will Virginia. Department of Justice, the Department of have the authority to award grants to Sadly, this legislation is in reaction to the Homeland Security, the Department of Edu- institutions of higher learning to help numerous tragedies occurring at colleges and cation, State, local, and tribal governments them meet their enhanced public safe- universities, including the disastrous events and law enforcement agencies, and private ty goals. that occurred at Virginia Tech and Northern Il- and nonprofit organizations and associa- linois University. The Virginia Tech shooting tions; I would like to thank and publicly ‘‘(7) increase cooperation, collaboration, acknowledge Crime Subcommittee resulted in the slaying of over 30 members of and consistency in prevention, response, and Chairman BOBBY SCOTT of Virginia, as the Virginia Tech family and many others problem-solving methods among law enforce- well as ranking member of that sub- being wounded. ment, mental health, and other agencies and committee, LOUIE GOHMERT of Texas, The shooting that occurred on the campus jurisdictions serving institutions of higher as well as Senator LEAHY for their bi- of Northern Illinois University on February 14, education in the United States; partisan leadership on this initiative. 2008 also killed and injured several individuals ‘‘(8) develop standardized formats and mod- I reserve the balance of my time. on the campus. Unfortunately, because these els for mutual aid agreements and memo- events were the first of their kind for the randa of understanding between campus se- Mr. SMITH of Texas. Mr. Speaker, I curity agencies and other public safety orga- support this bill. schools, they were not fully knowledgeable on nizations and mental health agencies; and I would like to associate myself with how to respond. ‘‘(9) report annually to Congress and the the remarks made by the gentlewoman CAMPUS SAFETY ACT Attorney General on activities performed by from California, Congresswoman ZOE This legislation will assist all institutions of the Center during the previous 12 months. LOFGREN, and I will include my entire higher education and states receive the best ‘‘(c) COORDINATION WITH AVAILABLE RE- statement as part of the RECORD. information possible on campus safety. SOURCES.—In establishing the Center, the Di- rector of the Office of Community Oriented Mr. Speaker, earlier this year, teachers and This legislation establishes and organizes a Policing Services shall— students at Virginia Tech gathered to mark the National Center for Campus Safety (Center) ‘‘(1) consult with the Secretary of Home- 1-year anniversary of the campus shooting which will: land Security, the Secretary of Education, that killed 27 students and 5 faculty members. 1. Provide quality education and training for and the Attorney General of each State; and We now know that the shooter was a men- campus public safety agencies of institutions

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00139 Fmt 0688 Sfmt 9920 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22821 of higher education and the agencies’ collabo- throughout the nation. What is done at Prairie (4) State prisoners with a mental health rative partners, including campus mental View A&M University is also done at UCLA, is problem are twice as likely as those without health agencies; done at New York University, and is done at a mental health problem to have been home- less in the year before their arrest. 2. Foster quality research to strengthen the the University of Florida. safety and security of the institutions of higher I urge my colleagues to support H.R. 6838 SEC. 3. REAUTHORIZATION OF THE ADULT AND JUVENILE COLLABORATION PRO- education in the United States; and ensure that our colleges and universities GRAM GRANTS. 3. Serve as a clearinghouse for the identi- are safe places for our young people to study (a) AUTHORIZATION OF APPROPRIATIONS fication and dissemination of information, poli- and learn. THROUGH 2014.—Section 2991(h) of title I of cies, procedures, and best practices relevant Ms. ZOE LOFGREN of California. Mr. the Omnibus Crime Control and Safe Streets to campus public safety, including off-campus Speaker, I simply urge adoption of this Act of 1968 (42 U.S.C. 3797aa(h)) is amended— housing safety, the prevention of violence measure, and I yield back the balance (1) in paragraph (1), by striking at the end against persons and property, and emergency of my time. ‘‘and’’; (2) in paragraph (2), by striking ‘‘for fiscal response and evacuation procedures; The SPEAKER pro tempore. The question is on the motion offered by years 2006 through 2009.’’ and inserting ‘‘for 4. Develop protocols, in conjunction with the each of the fiscal years 2006 and 2007; and’’; Attorney General, the Secretary of Homeland the gentlewoman from California (Ms. and Security, the Secretary of Education, State, ZOE LOFGREN) that the House suspend (3) by adding at the end the following new local, and tribal governments and law enforce- the rules and pass the bill, H.R. 6838. paragraph: ment agencies, private and nonprofit organiza- The question was taken; and (two- ‘‘(3) $50,000,000 for each of the fiscal years tions and associations, and other stake- thirds being in the affirmative) the 2009 through 2014.’’. holders, to prevent, protect against, respond rules were suspended and the bill was (b) ALLOCATION OF FUNDING FOR ADMINIS- to, and recover from, natural and man-made passed. TRATIVE PURPOSES.—Section 2991(h) of such title is further amended— emergencies or dangerous situations involving A motion to reconsider was laid on the table. (1) by redesignating paragraphs (1), (2), and an immediate threat to the health or safety of (3) (as added by subsection (a)(3)) as subpara- the campus community; f graphs (A), (B), and (C), respectively, and ad- 5. Promote the development and dissemina- MENTALLY ILL OFFENDER TREAT- justing the margins accordingly; tion of effective behavioral threat assessment MENT AND CRIME REDUCTION (2) by striking ‘‘There are authorized’’ and and management models to prevent campus inserting ‘‘(1) IN GENERAL.—There are au- REAUTHORIZATION AND IM- thorized’’; and violence; PROVEMENT ACT OF 2008 6. Coordinate campus safety information (in- (3) by adding at the end the following new cluding ways to increase off-campus housing Ms. ZOE LOFGREN. Mr. Speaker, I paragraph: move to suspend the rules and pass the ‘‘(2) ALLOCATION OF FUNDING FOR ADMINIS- safety) and resources available from the De- TRATIVE PURPOSES.—For fiscal year 2009 and partment of Justice, the Department of Home- Senate bill (S. 2304) to amend title I of the Omnibus Crime Control and Safe each subsequent fiscal year, of the amounts land Security, the Department of Education, authorized under paragraph (1) for such fis- State, local, and tribal governments and law Streets Act of 1968 to provide grants cal year, the Attorney General may obligate enforcement agencies, and private and non- for the improved mental health treat- not more than 3 percent for the administra- profit organizations and associations; ment and services provided to offenders tive expenses of the Attorney General in car- 7. Increase cooperation, collaboration, and with mental illnesses, and for other rying out this section for such fiscal year.’’. consistency in prevention, response, and prob- purposes. (c) ADDITIONAL APPLICATIONS RECEIVING PRIORITY.—Subsection (c) of such section is lem-solving methods among law enforcement, The Clerk read the title of the Senate bill. amended to read as follows: mental health, and other agencies and juris- ‘‘(c) PRIORITY.—The Attorney General, in dictions servIng institutions of higher education The text of the Senate bill is as fol- lows: awarding funds under this section, shall give in the United States; priority to applications that— 8. Develop standardized formats and mod- S. 2304 ‘‘(1) promote effective strategies by law en- els for mutual aid agreements and memo- Be it enacted by the Senate and House of Rep- forcement to identify and to reduce risk of randa of understanding between campus se- resentatives of the United States of America in harm to mentally ill offenders and public curity agencies and other public safety organi- Congress assembled, safety; zations and mental health agencies; and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(2) promote effective strategies for identi- (a) SHORT TITLE.—This Act may be cited as fication and treatment of female mentally ill 9. Report annually to Congress and the At- the ‘‘Mentally Ill Offender Treatment and offenders; torney General on activities performed by the Crime Reduction Reauthorization and Im- ‘‘(3) promote effective strategies to expand Center during the previous 12 months. provement Act of 2008’’. the use of mental health courts, including The Center will train campus public safety (b) TABLE OF CONTENTS.—The table of con- the use of pretrial services and related treat- agencies, encourage research to strengthen tents for this Act is as follows: ment programs for offenders; or college safety and security, and serve as a Sec. 1. Short title; table of contents. ‘‘(4)(A) demonstrate the strongest commit- clearinghouse for the dissemination of relevant Sec. 2. Findings. ment to ensuring that such funds are used to campus public safety information. By having Sec. 3. Reauthorization of the Adult and Ju- promote both public health and public safe- this information, institutions of higher edu- venile Collaboration Program ty; Grants. ‘‘(B) demonstrate the active participation cation will be able to easily obtain the best in- Sec. 4. Law enforcement response to men- of each co-applicant in the administration of formation available on ways to keep cam- tally ill offenders improvement the collaboration program; puses safe and secure and how to respond in grants. ‘‘(C) document, in the case of an applica- the event of a campus emergency. Sec. 5. Examination and report on preva- tion for a grant to be used in whole or in part TEXAS lence of mentally ill offenders. to fund treatment services for adults or juve- The good state of Texas has 214 institutions SEC. 2. FINDINGS. niles during periods of incarceration or de- of higher learning alone, with Texas Southern Congress finds the following: tention, that treatment programs will be (1) Communities nationwide are struggling available to provide transition and reentry University, University of Houston, and Texas to respond to the high numbers of people services for such individuals; and Technical University to name just a few. with mental illnesses involved at all points ‘‘(D) have the support of both the Attorney With so many institutions comes, so many in the criminal justice system. General and the Secretary.’’. different standards of campus safety regula- (2) A 1999 study by the Department of Jus- SEC. 4. LAW ENFORCEMENT RESPONSE TO MEN- tions. tice estimated that 16 percent of people in- TALLY ILL OFFENDERS IMPROVE- CONCLUSION carcerated in prisons and jails in the United MENT GRANTS. This legislation would consolidate the infor- States, which is more than 300,000 people, Section 2991 of title I of the Omnibus suffer from mental illnesses. Crime Control and Safe Streets Act of 1968 mation from the various colleges and univer- (3) Los Angeles County Jail and New (42 U.S.C. 3797aa) is amended by— sities so that the standards for collaboration in York’s Rikers Island jail complex hold more (1) redesignating subsection (h) as sub- prevention, response, and problem-solving people with mental illnesses than the largest section (i); and methods among law enforcement, mental psychiatric inpatient facilities in the United (2) inserting after subsection (g) the fol- health, and other agencies is consistent States. lowing:

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00140 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22822 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 ‘‘(h) LAW ENFORCEMENT RESPONSE TO MEN- (ii) received disability benefits under title Finally, this bill will provide States TALLY ILL OFFENDERS IMPROVEMENT II or title XVI of the Social Security Act (42 and units of government with funding GRANTS.— U.S.C. 401 et seq. and 1381 et seq.). to improve the treatment of female of- (b) REPORT.—Not later than 36 months ‘‘(1) AUTHORIZATION.—The Attorney Gen- fenders with mental illness. eral is authorized to make grants under this after the date of the enactment of this Act, the Attorney General shall submit to Con- Despite common misconceptions, the section to States, units of local government, majority of mentally ill people who are Indian tribes, and tribal organizations for gress the report described in subsection (a). the following purposes: (c) DEFINITIONS.—In this section— arrested and incarcerated are low- ‘‘(A) TRAINING PROGRAMS.—To provide for (1) the term ‘‘serious mental illness’’ level, nonviolent offenders. This legis- programs that offer law enforcement per- means that an individual has, or at any time lation will help jurisdictions assist sonnel specialized and comprehensive train- during the 1-year period ending on the date mentally ill people in ways that help ing in procedures to identify and respond ap- of enactment of this Act had, a covered men- keep them out of our jails and prisons propriately to incidents in which the unique tal, behavioral, or emotional disorder; and (2) the term ‘‘covered mental, behavioral, if that’s not where they belong. needs of individuals with mental illnesses This is a good bill, and I urge its pas- are involved. or emotional disorder’’— (A) means a diagnosable mental, behav- sage. ‘‘(B) RECEIVING CENTERS.—To provide for I reserve the balance of my time. the development of specialized receiving cen- ioral, or emotional disorder of sufficient du- ration to meet diagnostic criteria specified Mr. SMITH of Texas. Mr. Speaker, I ters to assess individuals in the custody of don’t know if I’d call it a habit, but I law enforcement personnel for suicide risk within the Diagnostic and Statistical Man- and mental health and substance abuse ual of Mental Disorders, Fourth Edition, or find myself again agreeing with the treatment needs. the International Classification of Diseases, gentlewoman from California, Ms. ZOE ‘‘(C) IMPROVED TECHNOLOGY.—To provide Ninth Revision, Clinical Modification equiv- LOFGREN. for computerized information systems (or to alent of the Diagnostic and Statistical Man- This is a bill that has already passed improve existing systems) to provide timely ual of Mental Disorders, Fourth Edition; and the House in a similar form, I believe, information to law enforcement personnel (B) does not include a disorder that has a last January. and criminal justice system personnel to im- V code within the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, I will include my entire statement in prove the response of such respective per- the RECORD. sonnel to mentally ill offenders. a substance use disorder, or a developmental disorder, unless that disorder cooccurs with I support S. 2304, the Mentally III 0ffender ‘‘(D) COOPERATIVE PROGRAMS.—To provide Treatment and Crime Reduction Reauthoriza- for the establishment and expansion of coop- another disorder described in subparagraph erative efforts by criminal and juvenile jus- (A) and causes functional impairment which tion and Improvement Act. The House passed tice agencies and mental health agencies to substantially interferes with or limits 1 or companion legislation, H.R. 3992, last Janu- promote public safety through the use of ef- more major life activities. ary. fective intervention with respect to men- (d) AUTHORIZATION OF APPROPRIATIONS.— This important legislation addresses the tally ill offenders. There are authorized to be appropriated to unique challenges that mentally ill offenders carry out this section $2,000,000 for 2009. ‘‘(E) CAMPUS SECURITY PERSONNEL TRAIN- create for our criminal justice system. It is esti- ING.—To provide for programs that offer The SPEAKER pro tempore. Pursu- mated that 16 percent of the prison or jail pop- campus security personnel training in proce- ant to the rule, the gentlewoman from ulation in the country suffers from a serious dures to identify and respond appropriately California (Ms. ZOE LOFGREN) and the mental illness. to incidents in which the unique needs of in- gentleman from Texas (Mr. SMITH) dividuals with mental illnesses are involved. More than one-fifth of jails have no access each will control 20 minutes. to any mental health services at all. Many ‘‘(2) BJA TRAINING MODELS.—For purposes The Chair recognizes the gentle- of paragraph (1)(A), the Director of the Bu- criminal justice agencies are unprepared to reau of Justice Assistance shall develop woman from California. meet the comprehensive treatment and needs training models for training law enforce- GENERAL LEAVE of individuals with mental illness. ment personnel in procedures to identify and Ms. ZOE LOFGREN of California. Mr. Jails and prisons require extra staff re- respond appropriately to incidents in which Speaker, I ask unanimous consent that sources for inmates with mental illness. In ad- the unique needs of individuals with mental all Members have 5 legislative days to dition, mentally ill offenders can be affected illnesses are involved, including suicide pre- revise and extend their remarks and in- psychologically by incarceration differently vention. clude extraneous material on the bill than general population offenders. ‘‘(3) MATCHING FUNDS.—The Federal share of funds for a program funded by a grant re- under consideration. H.R. 3992 reauthorizes the Mentally Ill Of- ceived under this subsection may not exceed The SPEAKER pro tempore. Is there fender Treatment and Crime Reduction Act; 50 percent of the costs of the program. The objection to the request of the gentle- encourages early intervention for individuals non-Federal share of payments made for woman from California? with mental illness; reauthorizes the mental such a program may be made in cash or in- There was no objection. health courts program; and maximizes diver- kind fairly evaluated, including planned Ms. ZOE LOFGREN of California. Mr. sion opportunities for nonviolent offenders with equipment or services.’’. Speaker, I yield myself such time as I mental illness and co-occurring disorders. SEC. 5. EXAMINATION AND REPORT ON PREVA- may consume. The legislation also promotes training for LENCE OF MENTALLY ILL OFFEND- Mr. Speaker, this bill is similar to treatment professionals on criminal justice ERS. H.R. 3992, which was authored by Crime processes and mental health and substance (a) IN GENERAL.— Subcommittee Chairman BOBBY SCOTT abuse issues; establishes State and local (1) IN GENERAL.—The Attorney General of Virginia which passed our House in planning grants to address the needs of men- shall examine and report on mental illness January. tally ill offenders; and facilitates communica- and the criminal justice system. The Senate bill focuses on expanding tion, collaboration, and the delivery of support (2) SCOPE.—Congress encourages the Attor- the allowable uses of funds in existing services among justice professionals, treat- ney General to specifically examine the fol- programs that provide assistance to ment and related service providers. lowing: mentally ill offenders. It reauthorizes (A) POPULATIONS.—The rate of occurrence I urge my colleagues to support this meas- of serious mental illnesses in each of the fol- the Mentally Ill Offender Treatment ure. lowing populations: and Crime Reduction Grant Program I yield back the balance of my time. (i) Individuals, including juveniles, on pro- at the current level of $50 million. It Ms. ZOE LOFGREN of California. Mr. bation. expands the permissible use of funds Speaker, I would just say that at a (ii) Individuals, including juveniles, incar- for mental health courts that will in- time when the majority of mental cerated in a jail. corporate pretrial services and assess- health treatment provided in this (iii) Individuals, including juveniles, incar- ments for alternatives to incarcer- country is provided in county jails, a cerated in a prison. ation. measure such as this is enormously im- (iv) Individuals, including juveniles, on pa- Funds under this bill can be used to portant to divert individuals who are role. (B) BENEFITS.—The percentage of individ- assist law enforcement agencies with suffering from an illness to appropriate uals in each population described in subpara- identifying and reducing the risk of treatment where their illness would be graph (A) who have— harm to mentally ill offenders, while treated and where their disruptive be- (i) a serious mental illness; and also maintaining public safety. havior will not bother others. I’m glad

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00141 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22823 that we are moving forward in a bipar- Sec. 14. Conditions of probation and super- website explaining the process by which tisan manner to approve this. vised release. names are periodically and randomly I yield back the balance of my time. Sec. 15. Contracting for services for pretrial drawn.’’ after the second sentence. The SPEAKER pro tempore. The defendants and post-conviction (c) TECHNICAL AND CONFORMING AMEND- supervision offenders. MENT.—Section 1869 of title 28, United States question is on the motion offered by Sec. 16. Judge members of U.S. Sentencing Code, is amended— the gentlewoman from California (Ms. Commission. (1) in subsection (j), by adding ‘‘and’’ at the ZOE LOFGREN) that the House suspend Sec. 17. Penalty for failure to appear for end; the rules and pass the Senate bill, S. jury summons. (2) by striking subsection (k); and 2304. Sec. 18. Place of holding court for the Dis- (3) by redesignating subsection (l) as sub- The question was taken. trict of Minnesota. section (k). The SPEAKER pro tempore. In the Sec. 19. Penalty for employers who retaliate SEC. 6. ASSESSMENT OF COURT TECHNOLOGY opinion of the Chair, two-thirds being against employees serving on COSTS. jury duty. Section 1920 of title 28, United States Code, in the affirmative, the ayes have it. SEC. 2. CHANGE IN COMPOSITION OF DIVISIONS is amended— Mr. SMITH of Texas. Mr. Speaker, I OF WESTERN DISTRICT OF TEN- (1) in paragraph (2), by striking ‘‘of the object to the vote on the ground that a NESSEE. court reporter for all or any part of the sten- quorum is not present and make the (a) IN GENERAL.—Section 123(c) of title 28, ographic transcript’’ and inserting ‘‘for point of order that a quorum is not United States Code, is amended— printed or electronically recorded tran- present. (1) in paragraph (1)— scripts’’; and The SPEAKER pro tempore. Pursu- (A) by inserting ‘‘Dyer,’’ after ‘‘Decatur,’’; (2) in paragraph (4), by striking ‘‘copies of ant to clause 8 of rule XX and the and papers’’ and inserting ‘‘the costs of making Chair’s prior announcement, further (B) in the last sentence by inserting ‘‘and copies of any materials where the copies Dyersburg’’ after ‘‘Jackson’’; and are’’. proceedings on this motion will be (2) in paragraph (2)— SEC. 7. REPEAL OF OBSOLETE PROVISION IN THE postponed. (A) by striking ‘‘Dyer,’’; and BANKRUPTCY CODE RELATING TO The point of no quorum is considered (B) in the second sentence, by striking CERTAIN DOLLAR AMOUNTS. withdrawn. ‘‘and Dyersburg’’. Section 104 of title 11, United States Code, f (b) EFFECTIVE DATE.— is amended— (1) IN GENERAL.—The amendments made by (1) by striking subsection (a); JUDICIAL ADMINISTRATION AND this section shall take effect on the date of (2) by redesignating subsection (b)(1) as TECHNICAL AMENDMENTS ACT enactment of this Act. subsection (a) and subparagraphs (A) and (B) OF 2008 (2) PENDING CASES NOT AFFECTED.—The of that subsection as paragraphs (1) and (2), amendments made by this section shall not respectively; Ms. ZOE LOFGREN of California. Mr. affect any action commenced before the ef- (3) by redesignating subsection (b)(2) as Speaker, I move to suspend the rules fective date of this section and pending in subsection (b); and pass the Senate bill (S. 3569) to the United States District Court for the (4) by redesignating subsection (b)(3) as make improvements in the operation Western District of Tennessee on such date. subsection (c); and and administration of the Federal (3) JURIES NOT AFFECTED.—The amend- (5) in subsection (c) (as redesignated by courts, and for other purposes. ments made by this section shall not affect paragraph (4) of this section), by striking The Clerk read the title of the Senate the composition, or preclude the service, of ‘‘paragraph (1)’’ and inserting ‘‘subsection bill. any grand or petit jury summoned, (a)’’. The text of the Senate bill is as fol- impaneled, or actually serving in the United SEC. 8. INVESTMENT OF COURT REGISTRY States District Court for the Western Dis- FUNDS. lows: trict of Tennessee on the effective date of (a) IN GENERAL.—Chapter 129 of title 28, S. 3569 this section. United States Code, is amended by inserting Be it enacted by the Senate and House of Rep- SEC. 3. SUPPLEMENTAL ATTENDANCE FEE FOR after section 2044 the following: resentatives of the United States of America in PETIT JURORS SERVING ON ‘‘§ 2045. Investment of court registry funds Congress assembled, LENGTHY TRIALS. ‘‘(a) The Director of the Administrative Of- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) IN GENERAL.—Section 1871(b)(2) of title fice of the United States Courts, or the Di- (a) SHORT TITLE.—This Act may be cited as 28, United States Code, is amended by strik- rector’s designee under subsection (b), may the ‘‘Judicial Administration and Technical ing ‘‘thirty’’ in each place it occurs and in- request the Secretary of the Treasury to in- Amendments Act of 2008’’. serting ‘‘ten’’. vest funds received under section 2041 in pub- (b) TABLE OF CONTENTS.—The table of con- (b) EFFECTIVE DATE.—The amendments lic debt securities with maturities suitable tents for this Act is as follows: made by this section shall take effect on Oc- to the needs of the funds, as determined by tober 1, 2009. Sec. 1. Short title; table of contents. the Director or the Director’s designee, and Sec. 2. Change in composition of divisions of SEC. 4. AUTHORITY OF DISTRICT COURTS AS TO bearing interest at a rate determined by the western district of Tennessee. A JURY SUMMONS. Secretary of the Treasury, taking into con- Sec. 3. Supplemental attendance fee for Section 1866(g) of title 28, United States sideration current market yields on out- petit jurors serving on lengthy Code, is amended in the first sentence— standing marketable obligations of the trials. (1) by striking ‘‘shall’’ and inserting United States of comparable maturity. Sec. 4. Authority of district courts as to a ‘‘may’’; and ‘‘(b) The Director may designate the clerk jury summons. (2) by striking ‘‘his’’. of a court described in section 610 to exercise Sec. 5. Public drawing specifications for SEC. 5. PUBLIC DRAWING SPECIFICATIONS FOR the authority conferred by subsection (a).’’. jury wheels. JURY WHEELS. (b) TECHNICAL AND CONFORMING AMEND- Sec. 6. Assessment of court technology (a) DRAWING OF NAMES FROM JURY MENT.—The table of sections for chapter 129 costs. WHEEL.—Section 1864(a) of title 28, United of title 28, United States Code, is amended by Sec. 7. Repeal of obsolete provision in the States Code, is amended— adding at the end the following: bankruptcy code relating to (1) in the first sentence, by striking ‘‘pub- ‘‘2045. Investment of court registry funds.’’. certain dollar amounts. licly’’; and SEC. 9. MAGISTRATE JUDGE PARTICIPATION AT Sec. 8. Investment of court registry funds. (2) by inserting ‘‘The clerk or jury commis- CIRCUIT CONFERENCES. Sec. 9. Magistrate judge participation at cir- sion shall post a general notice for public re- Section 333 of title 28, United States Code, cuit conferences. view in the clerk’s office and on the court’s is amended in the first sentence by inserting Sec. 10. Selection of chief pretrial services website explaining the process by which ‘‘magistrate,’’ after ‘‘district,’’. officers. names are periodically and randomly SEC. 10. SELECTION OF CHIEF PRETRIAL SERV- Sec. 11. Attorney case compensation max- drawn.’’ after the first sentence. ICES OFFICERS. imum amounts. (b) SELECTION AND SUMMONING OF JURY Section 3152 of title 18, United States Code, Sec. 12. Expanded delegation authority for PANELS.—Section 1866(a) of title 28, United is amended by striking subsection (c) and in- reviewing Criminal Justice Act States Code, is amended— serting the following: vouchers in excess of case com- (1) in the second sentence, by striking ‘‘(c) The pretrial services established under pensation maximums. ‘‘publicly’’; and subsection (b) of this section shall be super- Sec. 13. Repeal of obsolete cross-references (2) by inserting ‘‘The clerk or jury commis- vised by a chief pretrial services officer ap- to the Narcotic Addict Reha- sion shall post a general notice for public re- pointed by the district court. The chief pre- bilitation Act. view in the clerk’s office and on the court’s trial services officer appointed under this

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00142 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22824 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 subsection shall be an individual other than ance and training, and other services reason- The bill makes some realignments in one serving under authority of section 3602 of ably deemed necessary to protect the public the place of holding court within speci- this title.’’. and ensure that such persons appear in court fied judicial districts so as to better SEC. 11. ATTORNEY CASE COMPENSATION MAX- as required’’ before the period. serve local communities. It permits a (b) DUTIES OF DIRECTOR OF ADMINISTRATIVE IMUM AMOUNTS. chief pretrial services officer to be cho- OFFICE OF THE UNITED STATES COURTS.—Sec- Section 3006A(d)(2) of title 18, United sen locally by the district court, just States Code, is amended by adding ‘‘The tion 3672 of title 18, United States Code, is compensation maximum amounts provided amended in the seventh undesignated para- like the chief probation officer. It up- in this paragraph shall increase simulta- graph— dates the penalty for failure to appear neously by the same percentage, rounded to (1) in the third sentence, by striking ‘‘ne- for jury duty, or lying on a question- the nearest multiple of $100, as the aggregate gotiate and award such contracts’’ and in- naire to avoid jury duty, by raising the percentage increases in the maximum hourly serting ‘‘negotiate and award contracts iden- maximum fine from $100 to $1,000, and compensation rate paid pursuant to para- tified in this paragraph’’; and by allowing the judge to impose com- graph (1) for time expended since the case (2) in the fourth sentence, by inserting ‘‘to munity service. maximum amounts were last adjusted.’’ at expend funds or’’ after ‘‘He shall also have The bill also increases the maximum the end. the authority’’. penalty for employers who retaliate SEC. 12. EXPANDED DELEGATION AUTHORITY SEC. 16. JUDGE MEMBERS OF U.S. SENTENCING against employees who are called to FOR REVIEWING CRIMINAL JUSTICE COMMISSION. ACT VOUCHERS IN EXCESS OF CASE Section 991(a) of title 28, United States serve on jury duty. COMPENSATION MAXIMUMS. Code, is amended in the third sentence by Other updates include making elec- (a) WAIVING MAXIMUM AMOUNTS.—Section striking ‘‘Not more than’’ and inserting ‘‘At tronically produced information 3006A(d)(3) of title 18, United States Code, is least’’. coverable in court costs, and adding amended in the second sentence by inserting SEC. 17. PENALTY FOR FAILURE TO APPEAR FOR magistrate judges to the list who can ‘‘or senior’’ after ‘‘active’’. JURY SUMMONS. be included in circuit Judicial Con- (b) SERVICES OTHER THAN COUNSEL.—Sec- (a) SECTION 1864 SUMMONS.—Section 1864(b) ferences. tion 3006A(e)(3) of title 18, United States of title 28, United States Code, is amended by I think this bill, while noncontrover- Code, is amended in the second sentence by striking ‘‘$100 or imprisoned not more than sial, is certainly important in increas- inserting ‘‘or senior’’ after ‘‘active’’. three days, or both.’’ each place it appears ing the efficiency of our judicial (c) COUNSEL FOR FINANCIALLY UNABLE DE- and inserting ‘‘$1,000, imprisoned not more branch, and I hope that we will unani- FENDANTS.—Section 3599(g)(2) of title 18, than three days, ordered to perform commu- United States Code, is amended in the second mously support it. nity service, or any combination thereof.’’. I would reserve the balance of my sentence by inserting ‘‘or senior’’ after ‘‘ac- (b) SECTION 1866 SUMMONS.—Section 1866(g) tive’’. of title 28, United States Code, is amended by time. SEC. 13. REPEAL OF OBSOLETE CROSS-REF- striking ‘‘$100 or imprisoned not more than Mr. SMITH of Texas. Mr. Speaker, I ERENCES TO THE NARCOTIC ADDICT three days, or both.’’ and inserting ‘‘$1,000, yield myself such time as I may con- REHABILITATION ACT. imprisoned not more than three days, or- sume. Section 3161(h) of title 18, United States dered to perform community service, or any Mr. Speaker, the purpose of S. 3569 is Code, is amended— combination thereof.’’. to implement noncontroversial admin- (1) in paragraph (1)— SEC. 18. PLACE OF HOLDING COURT FOR THE istrative provisions that the Judicial (A) by striking subparagraphs (B) and (C); DISTRICT OF MINNESOTA. Conference and the House Judiciary and Section 103(6) of title 28, United States Committee believe are necessary to im- (B) by redesignating subparagraphs (D) Code, is amended in the second sentence by prove the operations of the Federal ju- through (J) as subparagraphs (B) through inserting ‘‘and Bemidji’’ before the period. (H), respectively; diciary. These provisions will provide SEC. 19. PENALTY FOR EMPLOYERS WHO RETALI- justice for the American people as well. (2) by striking paragraph (5); and ATE AGAINST EMPLOYEES SERVING (3) by redesignating paragraphs (6) through ON JURY DUTY. The Judicial Conference is the pol- (9) as paragraphs (5) through (8), respec- Section 1875(b)(3) of title 28, United States icy-making body of the Federal judici- tively. Code, is amended by striking ‘‘$1,000 for each ary, and through its committee sys- SEC. 14. CONDITIONS OF PROBATION AND SU- violation as to each employee.’’ and insert- tem, it evaluates court operations. The PERVISED RELEASE. ing ‘‘$5,000 for each violation as to each em- conference endorses all of the provi- (a) CONDITIONS OF PROBATION.—Section ployee, and may be ordered to perform com- sions in this bill, which the other body 3563(a)(2) of title 18, United States Code, is munity service.’’. passed by unanimous consent. amended by striking ‘‘(b)(2), (b)(3), or The SPEAKER pro tempore. Pursu- S. 3569 affects a wide range of judicial (b)(13),’’ and inserting ‘‘(b)(2) or (b)(12), un- ant to the rule, the gentlewoman from branch programs and operations, in- less the court has imposed a fine under this cluding those pertaining to financial chapter, or’’. California (Ms. ZOE LOFGREN) and the (b) SUPERVISED RELEASE AFTER IMPRISON- gentleman from Texas (Mr. SMITH) administration, process improvements, MENT.—Section 3583(d) of title 18, United each will control 20 minutes. and personnel administration. States Code, is amended by striking ‘‘section The Chair recognizes the gentle- The House has passed five of the 3563(b)(1)’’ and all that follows through ‘‘ap- woman from California. bills’ provisions in previous Congresses. propriate.’’ and inserting ‘‘section 3563(b) The bill incorporates 18 separate GENERAL LEAVE and any other condition it considers to be items, including a section that elimi- appropriate, provided, however that a condi- Ms. ZOE LOFGREN of California. Mr. nates the noticing and public drawing tion set forth in subsection 3563(b)(10) shall Speaker, I ask unanimous consent that requirements for selecting names from be imposed only for a violation of a condi- all Members have 5 legislative days to jury wheels because the process is per- tion of supervised release in accordance with revise and extend their remarks and to formed by computers; a section that section 3583(e)(2) and only when facilities are include extraneous material on the bill adds magistrate judges to the list of available.’’. under consideration. circuit, district, and bankruptcy judges (c) TECHNICAL AND CONFORMING AMEND- The SPEAKER pro tempore. Is there who may be summoned to attend cir- MENT.—Section 3563(b)(10) of title 18, United objection to the request of the gentle- States Code, is amended by inserting ‘‘or su- cuit Judicial Conferences; a section pervised release’’ after ‘‘probation’’. woman from California? that clarifies a court may bring indi- SEC. 15. CONTRACTING FOR SERVICES FOR PRE- There was no objection. viduals into court when they do not re- TRIAL DEFENDANTS AND POST-CON- Ms. ZOE LOFGREN of California. Mr. spond to a jury summons, thus elimi- VICTION SUPERVISION OFFENDERS. Speaker, I yield myself such time as I nating non-meritorious challenges to (a) PRETRIAL SERVICE FUNCTIONS.—Section may consume. an impaneled jury; a section that 3154(4) of title 18, United States Code, is Mr. Speaker, this bill contains what eliminates an obsolete provision in the amended by inserting ‘‘, and contract with we believe are noncontroversial meas- Bankruptcy Code relating to the cal- any appropriate public or private agency or ures proposed by the Judicial Con- person, or expend funds, to monitor and pro- culation of uniform percentage dollar vide treatment as well as nontreatment serv- ference to improve efficiency in the adjustments; and a section that in- ices to any such persons released in the com- Federal courts. Many have passed the creases penalties for employers who re- munity, including equipment and emergency House in a prior Congress in similar taliate against employees serving on housing, corrective and preventative guid- forms. jury duty.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00143 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22825 Mr. Speaker, S. 3569 is necessary to I would be happy to yield to the gen- bill (S. 3597) to provide that funds allo- improve the functioning of the U.S. tlewoman from California again if she cated for community food projects for courts which will ultimately benefit would like. fiscal year 2008 shall remain available the country and the American people. Ms. ZOE LOFGREN of California. I until September 30, 2009. This is a noncontroversial bill, and I thank the gentleman for yielding. And The Clerk read the title of the Senate urge my colleagues to support it. as you and I both serve on the Courts bill. I want to point out that for the third and Intellectual Property Sub- The text of the Senate bill is as fol- consecutive time now, I have agreed committee, and most of what we have lows: with my colleague from California, done has been on the intellectual prop- S. 3597 Congresswoman ZOE LOFGREN, in sup- erty side of that, and important as that Be it enacted by the Senate and House of Rep- porting this piece of legislation, spe- work is, this is a measure that the resentatives of the United States of America in cifically S. 3569. court side also is important. Congress assembled, Ms. ZOE LOFGREN of California. So, again, I look forward to next SECTION 1. COMMUNITY FOOD PROJECTS. Will the gentleman yield? year. I think both you and I will return (a) TECHNICAL CORRECTION.—Section Mr. SMITH of Texas. I will be happy and dig in on some of these issues. 4406(a)(7) of the Food, Conservation, and En- to yield to the gentlewoman. Mr. SMITH of Texas. Reclaiming my ergy Act of 2008 (Public Law 110–234; 122 Stat. Ms. ZOE LOFGREN of California. I time, this being the end of the congres- 1902) is amended by striking ‘‘Food and Nu- sional session, with the expectation trition Act of 2008’’ and inserting ‘‘Food would just note this bill, while perhaps Stamp Act of 1977’’. boring to many Members, is important that we might well adjourn or go into recess tomorrow until next year, it’s (b) ALLOCATION OF FUNDS.—Funds allocated to us. And it is a measure that we have under section 25(b) of the Food Stamp Act of adopted with so many of these Mem- not often that we on the House floor 1977 (7 U.S.C. 2034(b)) for fiscal year 2008 shall bers in prior Congresses, and yet be- can recognize the towns of our col- remain available until September 30, 2009, to cause they have to do with down-in- leagues. And I would just like to say in fund proposals solicited in fiscal year 2008. the-weeds issues in the Judiciary, they this case that the gentlewoman from The SPEAKER pro tempore. Pursu- don’t always get the attention that California, while she mentioned the In- ant to the rule, the gentleman from they should. tellectual Property Subcommittee, California (Mr. BACA) and the gen- I’m hopeful, and I’m glad, that we which reminds me of her talents and tleman from Virginia (Mr. GOODLATTE) have worked so collaboratively to- her interests in high-tech issues, and each will control 20 minutes. gether on these but that we can really she does represent a good part of Sil- The Chair recognizes the gentleman work in partnership with our other icon Valley, so she comes by her tal- from California. branch of government for some of these ents and her expertise naturally. GENERAL LEAVE But in addition to that, she was for- efficiency things. They’re not big pol- Mr. BACA. Mr. Speaker, I ask unani- merly, before coming to Congress, an icy issues, but they’re things that will mous consent that all Members may immigration attorney. She happens to make the judiciary more effective. have 5 legislative days in which to re- be chairman of the Immigration Sub- They need our help in many cases to do vise and extend their remarks on S. committee today, and so she brings to that. And I think this may be a marker 3597. that subcommittee, as she does the In- that we’re ready to really hold our The SPEAKER pro tempore. Is there tellectual Property Subcommittee, a hands out in that effort. objection to the request of the gen- number of talents and skills that ben- And I do thank the gentleman for tleman from California? efit the House as a whole and benefit yielding. There was no objection. the Judiciary Committee, in par- Mr. BACA. Mr. Speaker, I yield my- b 1915 ticular. self as much time as I may consume. Mr. SMITH of Texas. Mr. Speaker, I So I would just like to thank her for Mr. Speaker, I rise in support of S. just want to reply and say that I agree her work these last few years on those 3597. I thank my colleagues in the Sen- with the points made by the gentle- subjects and so many other subjects ate. I thank my colleague Mr. GOOD- woman from California. They are ex- that she brings these skills to and has LATTE, as well as Mr. HARKIN, for intro- cellent ones, and we might also add helped promote both on the floor and ducing this legislation. I introduced its that in a bill like this like, so many in the Judiciary Committee itself. House counterpart, H.R. 6981. bills that are considered by the House Mr. Speaker, I yield back the balance This bill is, quite simply, a technical and that have been marked up and ap- of my time. fix of the 2008 farm bill. Ms. ZOE LOFGREN of California. Mr. proved by the Judiciary Committee, I want to thank all of my colleagues Speaker, I would just like to thank Mr. sometimes we’re talking about sort of for their cooperation in bringing this SMITH for his enormously complimen- arcane subject matter, and yet so much technical fix to the floor. With its pas- tary and gracious comments. I look of what is incorporated in this bill and sage, we will ensure the fiscal year 2008 forward to working with him next so much of what is part of many other funding for a very nutritional program, year. I urge my colleagues to support bills do help the judicial process. They the Community Food Projects. this bill. do help the American people get better Due to an unintended error in title I yield back the balance of my time. justice. They either save the American The SPEAKER pro tempore. The IV of the farm bill, we mistakenly lim- people time or they make sure that question is on the motion offered by ited USDA’s authority to award grants there’s a more ethical result as a result the gentlewoman from California (Ms. under this program in this fiscal year. of the actions of the court, and in this ZOE LOFGREN) that the House suspend This same fix was passed by unanimous particular bill, as a result of the ac- the rules and pass the Senate bill, S. consent in the Senate, and CBO has tions of the juries themselves. 3569. scored this bill at zero. So bills like this may seem, at first The question was taken; and (two- Community Food Projects is a for- glance, to either be somewhat tech- thirds being in the affirmative) the ward-thinking grant program that en- nical or somewhat even incomprehen- rules were suspended and the Senate courages innovative local efforts to ex- sible, but at the bottom line they do bill was passed. pand the availability of affordable and improve the justice system of the A motion to reconsider was laid on healthful foods. This program is crit- United States, which can give every- the table. ical to those who live in both urban body, I think, a sense of confidence f and rural areas who may not have reg- that not only does the system work, ular access to nutritional foods needed but it works in this case in a bipartisan EXTENDING FUNDS FOR to raise a healthy family. way since Members of both parties do COMMUNITY FOOD PROJECTS I urge my colleagues to voice their support this legislation which improves Mr. BACA. Mr. Speaker, I move to support for healthy families and vote the justice system. suspend the rules and pass the Senate ‘‘yes’’ on S. 3597.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00144 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22826 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 Mr. Speaker, I reserve the balance of (1) by striking paragraph (3); and ance, and promotion practices as some my time. (2) redesignating paragraphs (4) and (5) as of the sources of their discontent. Mr. GOODLATTE. Mr. Speaker, I paragraphs (3) and (4), respectively. Moreover, documented incidents re- yield myself such time as I may con- The SPEAKER pro tempore. Pursu- veal that the management within some sume. ant to the rule, the gentleman from of the most prominent DHS compo- I thank my colleague, the sub- North Carolina (Mr. ETHERIDGE) and nents do not value diversity in their committee chairman, as well as Chair- the gentleman from California (Mr. operations. This, too, contributes to man PETERSON, for their work, along DANIEL E. LUNGREN) each will control low morale. These results are clearly with others on this side of the aisle, 20 minutes. unacceptable in our government. The and join them in supporting S. 3597. The Chair recognizes the gentleman next CHCO has to make it ‘‘job-one’’ to This bill makes a technical correc- from North Carolina. tackle the underlying causes of the dis- tion to the Nutrition title of the 2008 GENERAL LEAVE content. farm bill. This measure will ensure Mr. ETHERIDGE. Mr. Speaker, I ask With the change in administration, funds allocated for Community Food unanimous consent that all Members the next CHCO has an enormous oppor- Projects in fiscal year 2008 remain may have 5 legislative days to revise tunity to turn things around. The De- available through fiscal year 2009. and extend their remarks and to in- partment must properly address em- Without this correction, valuable grant clude extraneous material on the bill ployee dissatisfaction by focusing and funding will be lost. under consideration. implementing career development for S. 3597 will allow the U.S. Depart- The SPEAKER pro tempore. Is there its employees. DHS should also ensure ment of Agriculture to carry this fund- objection to the request of the gen- that its employees receive proper ing forward to provide grants that help tleman from North Carolina? training and adequate resources nec- communities respond to local nutrition There was no objection. essary to get their jobs done. DHS must recruit the best and the issues. Mr. ETHERIDGE. Mr. Speaker, I rise brightest because we’re asking them to Because of the importance of this in support of S. 2816. do one of the most important jobs in funding and the value that commu- This measure seeks to change how the Federal Government, protect this nities find in utilizing these funds to the Chief Human Capital Officer is ap- country. These efforts can only be help people in need, providing food for pointed by the Department of Home- them, I urge my colleagues to support achieved through an effective Chief land Security. It will bring DHS in line Human Capital Officer. Unfortunately, S. 3597. with other Federal agencies who are over the past 51⁄2 years, six people have I yield back the balance of my time. able to choose whether they have a Mr. BACA. Mr. Speaker, again, I held this office at DHS. That is a tre- Chief Human Capital Officer that is a mendous turnover. Stable leadership want to encourage support for the career employee or a political ap- Community Food Projects. This is a will help DHS address the magnitude pointee. Granting this authority now is and multitude of its workforce man- valuable grant. This is a technical important to transition to the next ad- error that was done. I thank the gen- agement challenges. This legislation ministration. will help provide that stable leader- tleman from Virginia (Mr. GOODLATTE) ship. for his support in this bipartisan effort. b 1930 The Chief Human Capital Officer I stand in support of this legislation, This is a correction of a technical and urge its passage. serves as the Department’s lead execu- error. Mr. Speaker, I reserve the balance of tive for all matters relating to work- I yield back the balance of my time. my time. The SPEAKER pro tempore. The force management. Among the respon- Mr. DANIEL E. LUNGREN of Cali- question is on the motion offered by sibilities of the Chief Human Capital fornia. Mr. Speaker, I yield myself such the gentleman from California (Mr. Officer are strategic planning, training time as I may consume. BACA) that the House suspend the rules and development, recruitment, com- Mr. Speaker, it’s wonderful to be on and pass the Senate bill, S. 3597. pensation, benefits, and employee rela- the floor here this Saturday evening The question was taken; and (two- tions. with you and with my colleague on the thirds being in the affirmative) the The task of serving as the CHCO at full committee. And this is one of sev- rules were suspended and the Senate DHS is particularly challenging when eral bills that we are bringing to the bill was passed. you consider that since DHS’ incep- floor to finish up the work of the A motion to reconsider was laid on tion, it has faced a series of personnel Homeland Security Committee for this the table. challenges, including; merging 22 sepa- Congress. f rate agencies into one cabinet-level I rise in support of S. 2816, this bill to agency with a combined workforce of provide the Secretary of Homeland Se- APPOINTMENT OF CHIEF HUMAN over 200,000 people; promoting integra- CAPITAL OFFICER curity with the authority to appoint tion among employees and an apprecia- the Chief Human Capital Officer at the Mr. ETHERIDGE. Mr. Speaker, I tion of their role within DHS; and con- Department of Homeland Security. The move to suspend the rules and pass the fronting ongoing recruitment and re- bill was introduced by Senators Senate bill (S. 2816) to provide for the tention challenges. VOINOVICH and AKAKA, and it repeals a appointment of the Chief Human Cap- Low employee morale has been a provision in the Homeland Security ital Officer of the Department of chronic issue for DHS since it was es- Act that includes this official among Homeland Security by the Secretary of tablished in 2003. In fact, in both its DHS officials to be appointed by the Homeland Security. 2004 and 2006 workforce surveys, the Of- President. The Clerk read the title of the Senate fice of Personnel Management found This bill will provide uniformity by bill. that DHS’ employee morale ranked allowing DHS to operate under the The text of the Senate bill is as fol- among the lowest of any cabinet-level same guidelines as other Federal agen- lows: department. cies, where the head of the agency has S. 2816 In the 2006 OPM survey, the Depart- the authority to designate the director Be it enacted by the Senate and House of Rep- ment was rated ‘‘dead last’’ in job sat- of human resources. resentatives of the United States of America in isfaction among its peers and received The Homeland Security Sub- Congress assembled, very low marks on leadership and man- committee on Management, Investiga- SECTION 1. APPOINTMENT OF THE CHIEF agement capabilities. tions, and Oversight has held a number HUMAN CAPITAL OFFICER BY THE Just last year, the Department’s own of hearings on personnel issues at DHS, SECRETARY OF HOMELAND SECU- RITY. internal Employee Survey revealed and we understand, all of us on the full Section 103(d) of the Homeland Security that poor morale remained a major committee, just how important this Act of 2002 (6 U.S.C. 113(d)) is amended— problem. Workers cited pay, perform- bill is.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00145 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22827 DHS Undersecretary for Manage- been the case and low employee morale has The question was taken; and (two- ment, Ms. Elaine Duke, has informed plagued the Department and limited its effec- thirds being in the affirmative) the Congress about the need for this legis- tiveness. rules were suspended and the Senate lation. Under Elaine Duke’s effective The 2006 Federal Human Capital Survey bill was passed. leadership and guidance, a number of conducted by the Office of Personnel Manage- A motion to reconsider was laid on significant improvements have been ment found that DHS was rated ‘‘dead last’’ in the table. made at DHS. She is now overseeing job satisfaction among its peers and received the transition of DHS to the next ad- very low marks on leadership and manage- f ministration, which is critical to the ment capabilities. And in the recent DHS 2007 continued operations of the Depart- Employee Survey, employees cited their dis- COMMENDING HOMELAND SECU- ment and the security of our Nation. satisfaction with the Department’s pay, per- RITY DEPARTMENT EMPLOYEES As everyone in this Chamber knows, formance and promotion practices. Moreover, Mr. ETHERIDGE. Mr. Speaker, I the creation of the Department of there have been numerous documented inci- move to suspend the rules and agree to Homeland Security was the greatest dents regarding mismanagement within some the resolution (H. Res. 1429) expressing reorganization of the Federal Govern- of the major DHS components. These factors the sense of the House of Representa- ment since the creation of the Defense contribute to a fractured workforce and low tives that the employees of the Depart- Department. And it’s had its ups and morale. ment of Homeland Security, their part- downs, but I think now it is generally These are problems that must be addressed ners at all levels of government, and moving in the right direction, and I be- by the next Chief Human Capital Officer. Ad- the millions of emergency response lieve the current Secretary of DHS is dressing employee concerns must be his or providers and law enforcement agents to be commended for the tremendous her first priority. nationwide should be commended for work that he has done. One of the major sources of low morale is their dedicated service on the Nation’s The Department of Homeland Secu- the MAX–HR system, a so-called ‘‘pay-for-per- front lines in the war against acts of rity Authorization Act for fiscal year formance’’ system. MAX–HR and its proposed terrorism. ‘‘follow-on system’’ have been repeatedly re- 2008 included a number of provisions to The Clerk read the title of the resolu- jected by my Committee in legislation and, strengthen personnel programs and tion. many Members of Congress, for the past two systems at DHS. We in the House The text of the resolution is as fol- years. The damage that DHS’s relentless pur- passed that bill last year, but the Sen- lows: suit of such a system has done to morale is ate did not. Unfortunately, the House H. RES. 1429 did not act on a DHS authorization bill immeasurable. The next Chief Human Capital Officer has Whereas it has been 7 years since the hor- in 2008. I would hope this would be a the chance to make some great strides and rific terrorist attacks against the United priority for the 111th Congress early improvements at the Department. He or she States and its people on September 11, 2001; next year. Until then, I would urge pas- Whereas terrorists around the world con- must work to address the employee concerns sage of the bill before us today. tinue to plot and plan attacks against the and dissatisfaction with a commitment to pro- Mr. Speaker, I yield back the balance United States and its interests and foreign viding proper training, career development and of my time. allies; the tools necessary for its employees to do Mr. ETHERIDGE. Mr. Speaker, in Whereas, as evidenced by a suicide bomb their jobs. Also at the top of the Chief Human attack in Jerusalem that killed 22 people and closing, DHS has a lot of room for im- Capital Officer’s priority list should be recruit- wounded 140 on March 27, 2002, a car bomb provement when it comes to managing ing the best and brightest for DHS, including that exploded outside a Marriott Hotel in Ja- its workforce, as we know in the com- individuals with diverse backgrounds and a karta, Indonesia, on August 5, 2003, killing 10 mittee. This bill gives the Secretary patriotic spirit to fill its ranks. people and wounding 150, 10 bombs that ex- the authority to put someone into the Given the extensive investment we have ploded on 4 commuter trains in Madrid on March 11, 2004, killing 191 people, a major position that has a career and work- made in developing TSA and its workforce, I force development in the Federal Gov- anti-terrorist operation by British Police would be remiss if I did not acknowledge that disrupts an alleged bomb plot targeting mul- ernment. This is an important step. the TSA workforce does not have the same I urge passage of this bill. tiple airplanes bound for the United States rights and protections that are afforded to their flying through Heathrow Airport, near Lon- Mr. THOMPSON of Mississippi. Mr. Speak- colleagues at DHS. As the eyes and ears in don on August 10, 2006, citizens across the er, I rise in support of S. 2816, a bill that will our airports, TSA workers need to have whis- country and in the world should remain vigi- alter how the Chief Human Capital Officer is tleblower protections and collective bargaining lant, prepared, and informed; appointed at the Department of Homeland Se- rights to be able to report security concerns Whereas during the month of September, curity. without fear of losing their jobs. Moreover, the Nation observes National Preparedness This bill will give the Secretary of Homeland Month which is sponsored by the Depart- granting basic employment rights is critical to ment of Homeland Security, and encourages Security authority similar to other Federal recruiting our Transportation Security work- agencies where a determination is made to all citizens to prepare themselves and their force. We know firsthand what low morale can families for possible emergencies by getting place a careerist or a political appointee in the do to the health, recruitment, and retention of an emergency supply kit that will last 72 Chief Human Capital Officer position. This au- the DHS workforce. hours, making a family emergency plan, thority is particularly important as DHS makes It is clear from the Committee’s record of being informed, and getting involved in the its first transition to a new administration. Un- work that more can be done to support human community in organizations such as Citizen doubtedly, there will be numerous staffing capital efforts at the Department. And I am Corps, which actively involves citizens in challenges ahead and the DHS Secretary pleased to say that this bill is one of those making our communities and our Nation must have a Chief Human Capital Officer to needed measures of support. I look forward to safer, stronger, and better prepared; depend on to meet the Department’s goals. Whereas acts of terrorism can exact a trag- working with my colleagues and the Depart- ic human toll, resulting in significant num- The job of the Chief Human Capital Officer ment to continue to build a strong workforce at bers of casualties and disrupting hundreds of requires unique qualifications. Not only must DHS. And I also take this opportunity to com- thousands of lives, causing serious damage this individual develop and maintain a cadre of mend the men and women of the Department to our Nation’s critical infrastructure, and national security personnel, but he or she for their tireless work and dedication to the inflicting billions of dollars of costs on both must also ensure integration throughout the mission. our public and private sectors; new Department and its many components. Mr. ETHERIDGE. Mr. Speaker, I Whereas in response to the attacks of Sep- The men and women of the Department are yield back the balance of my time. tember 11, 2001, and the continuing grave some of the hardest working, most selfless in- The SPEAKER pro tempore. The threat of terrorism, Congress established the question is on the motion offered by Department of Homeland Security in March dividuals in the Federal workforce. Their mis- 2003, bringing together 22 disparate Federal sion contains little room for error. This is why the gentleman from North Carolina entities, enhancing their capabilities with it is so important that the Department provide (Mr. ETHERIDGE) that the House sus- major new divisions emphasizing terrorism- a positive workplace that puts employees first. pend the rules and pass the Senate bill, related information analysis, infrastructure Over the past few years this has not always S. 2816. protection, and science and technology, and

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focusing their employees on the critical mis- by Congresswoman CLARKE of New This September, as we know, marks sion of defending our Nation against acts of York to recognize September as Na- the fifth annual National Preparedness terrorism; tional Preparedness Month. Month and the seventh anniversary of Whereas since its creation, the employees Just a couple of weeks ago, the Na- the terrorist attacks on September 11. of the Department of Homeland Security have endeavored to carry out this mission tion observed the somber anniversary H. Res. 1429 is a bipartisan resolution with commendable dedication, working with of the September 11 attacks, and we commemorating this important anni- other Federal intelligence and law enforce- watched Hurricane Gustav and Ike bat- versary in our Nation’s history and re- ment agencies and partners at all levels of ter the gulf coast. Therefore, Sep- minding all Americans of the impor- Government to help secure our Nation’s bor- tember is an appropriate month to tance of emergency preparedness. ders, airports, seaports, critical infrastruc- commend the men and women of the While there has not been a terrorist ture, and communities against terrorist at- Department of Homeland Security and attack on our U.S. soil since Sep- tacks; the State and local first responders tember 11, 2001, it is important to re- Whereas our Nation’s firefighters, law en- forcement officers, emergency medical per- who form the first line of defense member that terrorists continue to sonnel, and other first responders selflessly against these and other threats. I have plan attacks against this Nation, its and repeatedly risk their lives to fulfill their always said that you can’t have home- interests, and its allies abroad. It is new mission of helping to prevent, protect land security unless you are prepared not by accident that we have not had against, and prepare to respond to acts of to have hometown security, and that such a tragedy. It is, in fact, the result terrorism, major disasters, and other emer- preparedness starts a community at a of tremendous work by men and women gencies; time. in uniform, in our agencies, first re- Whereas State, local, territorial, and tribal This month is a good opportunity for sponders, the coordination that’s taken government officials, the private sector, and every American to learn about how ordinary citizens across the country have place since then, the cooperation we’ve been working in cooperation with the De- they can prepare for all types of emer- had with our allies in many, many partment of Homeland Security and other gencies, whether it be a terrorist at- other countries. Federal Government agencies to enhance our tack or a natural disaster. We can start But we must remain vigilant and en- ability to prevent, deter, protect against, by taking four little steps: Get an sure that all levels of government, non- and prepare to respond to acts of terrorism; emergency kit; two, develop and com- profit organizations, the private sector, Whereas all people of the United States municate with your family a plan for individuals, and communities continue can assist in promoting our Nation’s overall evacuation and shelter; three, be in- to prepare for terrorist attacks, nat- terrorism and emergency preparedness by re- formed about the types of emergencies ural disasters, or other emergencies. maining vigilant and alert, reporting sus- picious activity to proper authorities, and that you are likely to face; and four; Each September, various Department preparing themselves and their families for get yourself and your community in- of Homeland Security components, potential terrorist attacks; and volved to be better prepared. Better along with other Federal, State and Whereas all people of the United States knowledge is power. We must all do our local agencies, nonprofit organizations should take the opportunity during National part to ensure that we learn what to do and the private sector take part in Preparedness Month in September 2008 to before an emergency occurs. events to increase public awareness take steps at home, work, and school to en- So, Mr. Speaker, I rise in support of and encourage individuals to prepare hance their ability to assist in preventing, this House Resolution because I know themselves, their families, their busi- protecting against, and preparing to respond to acts of terrorism: Now, therefore, be it firsthand that it is best to be prepared, nesses and their communities for emer- Resolved, That the House of Representa- and not scared. gencies. tives— Let us be clear that the dedicated The Ready Campaign, which is with- (1) commends the public servants of the employees of the Department of Home- in the Office of Public Affairs at the Department of Homeland Security and other land Security and other Federal agen- Department, along with the Citizen Federal agencies for their outstanding con- cies, together with State and local offi- Corps Program within the Federal tributions to our Nation’s homeland secu- cials and first responders, will do all Emergency Management Agency, rity; FEMA, helps educate individuals, fami- (2) salutes the dedication of State, local, they can to prepare for, respond to, and territorial, and tribal government officials, recover from acts of terrorism, natural lies and communities on the steps that the private sector, and citizens across the disaster, and other emergencies. But they can take to protect their loves country for their efforts to enhance the Na- the American people can play a signifi- ones in an emergency. For instance, in- tion’s ability to prevent, deter, protect cant role by understanding the simple dividuals are encouraged to get an against, and prepare to respond to potential steps they can take to provide for emergency supply kit, make a family acts of terrorism; themselves and their family. emergency plan, and be informed about (3) expresses the Nation’s appreciation for Together, a prepared public and a re- different types of emergencies and the the sacrifices and commitment of our law sourceful and dedicated Department of appropriate responses thereto. enforcement and emergency response per- sonnel in preventing and preparing to re- Homeland Security can truly antici- Since the Ready Campaign and Na- spond to acts of terrorism; pate how to respond to different types tional Preparedness Month were initi- (4) supports the goals and ideals of Na- of emergencies. In doing so, we will be- ated in 2004, the effort has received tional Preparedness Month as they relate to come a more resilient Nation. over $703 million in donated media sup- the threat of terrorism; and Before I close my remarks, though, I port. The www.ready.gov Web site has (5) urges the Federal Government, States, would like to thank Congresswoman received over 2 billion hits, with al- localities, schools, nonprofit organizations, CLARKE for introducing the resolution. most 30 million unique visitors to the businesses, other entities, and the people of Mr. Speaker, I reserve the balance of site. And the national 1–800 number has the United States to observe National Pre- paredness Month with appropriate events my time. received 345,000 calls. and activities that promote citizen and com- Mr. DANIEL LUNGREN of Cali- In addition, Ready has partnered munity preparedness to respond to acts of fornia. Mr. Speaker, I yield myself such with Scholastic to provide emergency terrorism. time as I may consume. preparedness materials for the class- The SPEAKER pro tempore. Pursu- Mr. Speaker, I rise in support of H. room to 400,000 teachers, and recently ant to the rule, the gentleman from Res. 1429, the resolution commemo- launched a partnership with Sesame North Carolina (Mr. ETHERIDGE) and rating the anniversary of the terrorist Street to help educate preschool-age the gentleman from California (Mr. attacks of September 11; also pro- children and their parents on the need DANIEL E. LUNGREN) each will control moting the month of September as Na- to prepare for emergencies. 20 minutes. tional Preparedness Month, and com- This resolution also commends the The Chair recognizes the gentleman mending the employees of the Depart- hard work and dedication of the Fed- from North Carolina. ment of Homeland Security and our eral, State and local government em- Mr. ETHERIDGE. Mr. Speaker, Nation’s emergency response providers ployees, first responders, the private House Resolution 1429 was introduced and law enforcement agents. sector, and citizens across the country

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00147 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22829 for their efforts to enhance the Na- This marks the fifth year that DHS I urge all my colleagues to adopt this tion’s ability to prepare for, protect has observed September as the Na- resolution. against, and respond to acts of ter- tional Emergency Preparedness Month. Mr. DANIEL E. LUNGREN of Cali- rorism and other emergencies. In promoting this, DHS has partnered fornia. Mr. Speaker, I would urge sup- Working together, we can continue with over 1,700 organizations, including port for this bill. to protect this country from terrorists the American Red Cross, in its efforts With that, I would yield back the bal- wishing us harm. I urge all Members to to reach out to the public. Since this is ance of my time. join in supporting this resolution. National Emergency Preparedness Mr. ETHERIDGE. Mr. Speaker, I Mr. Speaker, I reserve the balance of Month, this is an ideal time for all of yield myself such time as I may con- my time. us to collectively prepare for all types sume. Mr. Speaker, as you have heard, H.R. b 1945 emergencies. Among the department’s recommendations to help Americans 1429 encourages citizens to prepare GENERAL LEAVE prepare for emergencies are: Number themselves and their families on how Mr. ETHERIDGE. Mr. Speaker, I ask to respond to emergencies, whether it unanimous consent that all Members one, get a kit. Build a disaster supply kit that includes enough supplies for be an act of terror, a natural disaster may have 5 legislative days to revise or other crisis. This is the fifth year and extend their remarks and to in- each family member for 3 days and re- member to check the kit every 6 the Department of Homeland Security clude extraneous material on the bill has partnered with over 1,700 organiza- under consideration. months. Number two, make a plan. Every family should develop, commu- tions, including the American Red The SPEAKER pro tempore. Is there Cross, to promote September as Na- objection to the request of the gen- nicate and practice their evacuation or other sheltering. Number 3, be in- tional Preparedness Month. With con- tleman from North Carolina? tinuing threats of terrorism and in- There was no objection. formed about the type of disasters or creased frequency and intensity of nat- Mr. ETHERIDGE. Mr. Speaker, with emergencies that may occur where you ural disasters, Americans should pre- that, I would like to yield 5 minutes to live, work and/or play and how they pare themselves, their families and the gentlelady who is a sponsor of this can affect you, your family and com- their communities. resolution, Ms. CLARKE from New York. munity. Number 4, get involved. After Everyone should do the four things Ms. CLARKE. Mr. Speaker, today I preparing yourself and your family for we talked about. Get an emergency kit. rise in support of House Resolution possible emergencies by getting a kit, Prepare and communicate to family 1429, which recognizes September as making a plan and being informed, and friends their evacuation and shel- National Emergency Preparedness take the next step in getting involved ter plans. Be informed about the type Month. I would like to thank the gen- in preparing your community. of emergencies, and get the family and tleman from North Carolina (Mr. I ask my fellow colleagues to encour- community involved. ETHERIDGE) for managing this very im- age their constituents to visit the Fed- Constituents should be encouraged to portant resolution. eral government’s Citizen Corps visit the following website. You have This resolution applauds the public website at www.citizencorps.gov to heard it twice already, www.ready.gov servants at the Department of Home- learn how we can bring key community or www.redcross.org. land Security for their outstanding figures together to plan for, mitigate, In closing, H.R. 1429 enjoys broad bi- dedication to securing our Nation. respond to or recover from an emer- partisan support. I encourage the adop- More importantly, the resolution also gency. tion of this resolution. I am also happy to note that more encourages citizens to prepare them- Mr. THOMPSON of Mississippi. Mr. Speak- than 2,200 State, local, tribal and terri- selves and their families to respond to er, I rise in support of House Resolution 1429 torial governments in all States and emergencies, whether it’s an act of ter- which applauds the public servants at Depart- U.S. territories have formed Citizen rorism, a natural disaster or another ment of Homeland Security for their out- Corps Councils, and that every day, crisis. standing dedication to securing our Nation. As the sole member of the Committee new councils are formed in commu- More importantly, House Resolution 1429 on Homeland Security who resides in nities around the country. encourages citizens to prepare themselves Before I close my remarks, I would the City of New York, I am keenly and their families to respond to emergencies— like to thank and express my gratitude aware that one of the most important whether it is an act of terror, natural disaster to Homeland Security Chairman lessons from the tragic attacks on Sep- and other crisis. tember 11, 2001 and from Hurricane BENNIE G. THOMPSON and Ranking The Department of Homeland Security has Katrina is that each and every Amer- Member PETER KING for their support partnered with over 1,700 organizations, in- ican must be vigilant about their pre- for this resolution and their leadership cluding the American Red Cross, to promote paredness for an emergency. on preparedness issues. September as the National Preparedness Further, I want to thank the sub- As we all know, with the recent Month. bombing of the Marriott Hotel in Paki- committee chairman, HENRY CUELLAR In fact, this is the 5th year that the Depart- stan, terrorism is alive and well and of the Subcommittee on Emergency ment of Homeland Security has observed continues to be a very real threat in Communications, Preparedness and Re- September as the National Emergency Pre- this world. Likewise, this country has sponse for sponsoring H.R. 5890, the paredness Month. experienced widespread wildfires in the Citizen and Community Preparedness As a former volunteer firefighter, I know that West, numerous tornadoes in the Act. Mr. CUELLAR has championed the lives are saved when the public takes steps to Southeast, overwhelming floods in the authorization of Citizen Corps, and he, prepare for the worst. Midwest, and late this summer the too, encourages every citizen to get in- Likewise, as the Chairman of the Homeland Gulf States were wracked by Hurri- volved to improve their individual and Security Committee, I want the people of this canes Fay, Gustav, Hannah and most community’s preparedness. Mr. Speak- Nation to take the necessary steps to prepare recently Ike. er, I also want to thank my Republican themselves in the event of an emergency. The dedicated workers of the Depart- colleagues for cosponsoring this resolu- Constituents should be encouraged to visit ment of Homeland Security and other tion. After all, preparedness is not a the following websites to get information on Federal agencies successfully coordi- partisan matter. how to be prepared for different types of nated with State and local officials and In closing, I want to honor all of the emergencies: www.ready.gov and the private sector to assist with the sheroes and heroes who dedicate their www.redcross.org. pre-positioning of lifesaving equip- lives to keeping Americans safe. I urge Among the Department’s recommendations ment, evacuation efforts and search- the citizens of this great Nation to to help Americans prepare for emergencies and-rescue methods. Similarly, we saw visit the website, www.ready.gov so we are: Members helping their fellow brothers can all learn how to be vigilant, alert 1. Get a Kit—Build a disaster supplies kit and sisters in their time of need. and prepared for an emergency. that includes enough supplies for each family

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00148 Fmt 0688 Sfmt 9920 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22830 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 member for three days and remember to A motion to reconsider was laid on under the Arms Export Control Act (22 check the kit every six months. Be sure that the table. U.S.C. 2751 et seq.) to countries in the Middle East. the kit includes water, food, medicine, bat- f teries, flashlights, hygiene materials, blankets, (c) REPORTS.— NAVAL VESSEL TRANSFER ACT (1) INITIAL REPORT.—Not later than June etc. OF 2008 30, 2009, the President shall transmit to the 2. Make a Plan—Every family should de- appropriate congressional committees a re- velop and communicate with each other their Mr. BERMAN. Mr. Speaker, I move port on the initial assessment required under evacuation or sheltering plan. The plan should to suspend the rules and pass the bill subsection (a). correspond to the school, work and community (H.R. 7177) to authorize the transfer of (2) QUADRENNIAL REPORT.—Not later than of every member of the family. All families are naval vessels to certain foreign recipi- four years after the date on which the Presi- encouraged to practice this plan to ensure fa- ents, and for other purposes. dent transmits the initial report under para- miliarity with evacuation or meeting routes, The Clerk read the title of the bill. graph (1), and every four years thereafter, have cell phones charged and have a charger The text of the bill is as follows: the President shall transmit to the appro- priate congressional committees a report on in the car. H.R. 7177 the most recent assessment required under It should be known that at times it may be Be it enacted by the Senate and House of Rep- subsection (a). easier to make a long-distance phone call resentatives of the United States of America in (d) CERTIFICATION.—Section 36 of the Arms than to call across town, so an out-of-town Congress assembled, Export Control Act (22 U.S.C. 2776) is amend- contact may be in a better position to commu- TITLE I—NAVAL VESSEL TRANSFER ed by adding at the end the following: ‘‘(h) CERTIFICATION REQUIREMENT RELATING nicate among separated family members. SECTION 101. SHORT TITLE. TO ISRAEL’S QUALITATIVE MILITARY EDGE.— Also every family should have a secure lo- This title may be cited as the ‘‘Naval Ves- ‘‘(1) IN GENERAL.—Any certification relat- cation of important documents such as, insur- sel Transfer Act of 2008’’. ing to a proposed sale or export of defense ar- ance papers, etc. SEC. 102. TRANSFER OF NAVAL VESSELS TO CER- 3. Be informed about the type of disasters ticles or defense services under this section TAIN FOREIGN RECIPIENTS. to any country in the Middle East other than or emergencies that may occur where you (a) TRANSFERS BY GRANT.—The President is Israel shall include a determination that the live, work and play and how they can affect authorized to transfer the vessels specified in sale or export of the defense articles or de- you, your family and community. In other paragraphs (1), (3), and (4) of section 501(a) of fense services will not adversely affect words do you live in a place prone to hurri- H.R. 5916 of the 110th Congress, as passed the Israel’s qualitative military edge over mili- canes, tornadoes, earthquakes, etc? Every cit- House of Representatives on May 15, 2008, to tary threats to Israel. the foreign recipients specified in paragraphs ‘‘(2) QUALITATIVE MILITARY EDGE DEFINED.— izen should also learn about what to do in the (1), (3), and (4) of such section, respectively, event of a biological, chemical, explosive, nu- In this subsection, the term ‘qualitative on a grant basis under section 516 of the For- military edge’ means the ability to counter clear or radiological attack. eign Assistance Act of 1961 (22 U.S.C. 2321j). It is important to identify how authorities will and defeat any credible conventional mili- (b) GRANTS NOT COUNTED IN ANNUAL TOTAL tary threat from any individual state or pos- notify you and how you will get important infor- OF TRANSFERRED EXCESS DEFENSE ARTI- sible coalition of states or from non-state ac- mation. CLES.—The value of a vessel transferred to a tors, while sustaining minimal damages and You should learn what you can do to pre- recipient on a grant basis pursuant to au- casualties, through the use of superior mili- pare for that emergency as well as first aid, thority provided by subsection (a) shall not tary means, possessed in sufficient quantity, CPR and disaster training. be counted against the aggregate value of ex- including weapons, command, control, com- Consider sharing what you have learned cess defense articles transferred in any fiscal munication, intelligence, surveillance, and with your family, neighbors and friends. year under section 516 of the Foreign Assist- reconnaissance capabilities that in their 4. Get Involved—After preparing yourself ance Act of 1961 (22 U.S.C. 2321j). technical characteristics are superior in ca- (c) COSTS OF TRANSFERS.—Any expense in- pability to those of such other individual or and your family for possible emergencies by curred by the United States in connection getting a kit, making a plan and being in- possible coalition of states or non-state ac- with a transfer authorized by this section tors.’’. formed, take the next step and get involved in shall be charged to the recipient (notwith- (e) DEFINITIONS.—In this section: preparing your community. The American pub- standing section 516(e) of the Foreign Assist- (1) APPROPRIATE CONGRESSIONAL COMMIT- lic should visit the www.citizencorps.com ance Act of 1961 (22 U.S.C. 2321j(e))). TEES.—The term ‘‘appropriate congressional website to learn about how Citizen Corps (d) REPAIR AND REFURBISHMENT IN UNITED committees’’ means the Committee on For- brings together community, emergency and STATES SHIPYARDS.—To the maximum extent eign Affairs of the House of Representatives government leaders to involve community practicable, the President shall require, as a and the Committee on Foreign Relations of condition of the transfer of a vessel under members in emergency preparedness, plan- the Senate. this section, that the recipient to which the (2) QUALITATIVE MILITARY EDGE.—The term ning, mitigation, response and recovery. vessel is transferred have such repair or re- More than 2,200 state, local, tribal and terri- ‘‘qualitative military edge’’ has the meaning furbishment of the vessel as is needed, before given the term in section 36(h) of the Arms torial governments in all 56 states and U.S. the vessel joins the naval forces of the recipi- Export Control Act, as added by subsection territories have formed Citizen Corps Councils, ent, performed at a shipyard located in the (d) of this section. United States, including a United States and every day new Councils are formed in SEC. 202. IMPLEMENTATION OF MEMORANDUM communities around the country. Navy shipyard. OF UNDERSTANDING WITH ISRAEL. (e) EXPIRATION OF AUTHORITY.—The author- These Councils assist with outreach and (a) IN GENERAL.—Of the amount made educational efforts to the public; training and ity to transfer a vessel under this section available for fiscal year 2009 for assistance shall expire at the end of the 2-year period exercises that effectively integrate emergency under the program authorized by section 23 beginning on the date of the enactment of of the Arms Export Control Act (22 U.S.C. responders, volunteers with a response role, this Act. and the general public; and volunteer pro- 2763) (commonly referred to as the ‘‘Foreign TITLE II—UNITED STATES ARMS EXPORTS Military Financing Program’’), the amount grams that support emergency response serv- SEC. 201. ASSESSMENT OF ISRAEL’S QUALITATIVE specified in subsection (b) is authorized to be ices. MILITARY EDGE OVER MILITARY made available on a grant basis for Israel. I conclude by asking my colleagues to adopt THREATS. (b) COMPUTATION OF AMOUNT.—The amount this resolution. (a) ASSESSMENT REQUIRED.—The President referred to in subsection (a) is the amount Mr. ETHERIDGE. I yield back the shall carry out an empirical and qualitative equal to— balance of my time. assessment on an ongoing basis of the extent (1) the amount specified under the heading The SPEAKER pro tempore. The to which Israel possesses a qualitative mili- ‘‘Foreign Military Financing Program’’ for question is on the motion offered by tary edge over military threats to Israel. Israel for fiscal year 2008; plus the gentleman from North Carolina The assessment required under this sub- (2) $150,000,000. (Mr. ETHERIDGE) that the House sus- section shall be sufficiently robust so as to (c) OTHER AUTHORITIES.— pend the rules and agree to the resolu- facilitate comparability of data over concur- (1) AVAILABILITY OF FUNDS FOR ADVANCED rent years. WEAPONS SYSTEMS.—To the extent the Gov- tion, H. Res. 1429. (b) USE OF ASSESSMENT.—The President ernment of Israel requests the United States The question was taken; and (two- shall ensure that the assessment required to provide assistance for fiscal year 2009 for thirds being in the affirmative) the under subsection (a) is used to inform the re- the procurement of advanced weapons sys- rules were suspended and the resolu- view by the United States of applications to tems, amounts authorized to be made avail- tion was agreed to. sell defense articles and defense services able for Israel under this section shall, as

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agreed to by Israel and the United States, be California (Mr. BERMAN) and the gen- that could undermine the security of available for such purposes, of which not less tlewoman from Florida (Ms. ROS- one of the most important friends and than $670,650,000 shall be available for the LEHTINEN) each will control 20 minutes. allies that we have in the Middle East. procurement in Israel of defense articles and The Chair recognizes the gentleman The bill also authorizes security assist- defense services, including research and de- velopment. from California. ance to Israel, including implementing (2) DISBURSEMENT OF FUNDS.—Amounts au- GENERAL LEAVE the recent U.S.-Israel Memorandum of thorized to be made available for Israel Mr. BERMAN. Mr. Speaker, I ask Understanding Regarding Security As- under this section shall be disbursed not unanimous consent that all Members sistance. later than 30 days after the date of the enact- may have 5 legislative days to revise It is fitting that on the 60th anniver- ment of an Act making appropriations for and extend their remarks and include sary of Israel, the U.S. renews and the Department of State, foreign operations, extraneous material on the resolution strengthens its relationship with a and related programs for fiscal year 2009, or most important friend in the region. It October 31, 2008, whichever occurs later. under consideration. The SPEAKER pro tempore. Is there deserves all the support we can muster. SEC. 203. SECURITY COOPERATION WITH THE RE- I urge my colleagues to support this PUBLIC OF KOREA. objection to the request of the gen- (a) FINDINGS.—Congress makes the fol- tleman from California? legislation. lowing findings: There was no objection. I reserve the balance of my time. (1) Close and continuing defense coopera- Mr. BERMAN. Mr. Speaker, I yield Ms. ROS-LEHTINEN. Mr. Speaker, I tion between the United States and the Re- myself such time as I may consume. yield myself such time as I may con- public of Korea continues to be in the na- Mr. Speaker, this bill reflects the bi- sume. tional security interest of the United States. Mr. Speaker, first of all, I would like partisan text agreed by the other body (2) The Republic of Korea was designated a to thank my good friend, the chairman that incorporates several provisions major non-NATO ally in 1987, the first such of our committee, HOWARD BERMAN. It from H.R. 5916, the Berman/Ros- designation. is a delight to work with him in a bi- Lehtinen/Sherman/Manzullo Security (3) The Republic of Korea has been a major partisan manner, and I appreciate the purchaser of United States defense articles Assistance and Arms Export Control and services through the Foreign Military close cooperation that we’ve enjoyed in Reform Act of 2008 that the House these months. Sales (FMS) program, totaling $6,900,000,000 passed in May. in deliveries over the last 10 years. Mr. Speaker, I rise in support of H.R. It authorizes the Department of the 7177, a measure to authorize certain (4) Purchases of United States defense arti- Navy to transfer surplus U.S. Navy ves- cles, services, and major defense equipment naval vessel transfers, to strengthen facilitate and increase the interoperability sels to friendly countries which Con- U.S. security assistance to Israel and of Republic of Korea military forces with the gress does on an annual basis. It to upgrade the foreign military sale United States Armed Forces. strengthens the vital security relation- status of our allies in the Republic of (5) Congress has previously enacted impor- ship with our close friends and allies, Korea. Mr. Speaker, this bill contains tant, special defense cooperation arrange- South Korea and Israel. Building on many provisions identical or similar to ments for the Republic of Korea, as in the the work of Representative ROYCE, U.S. Act entitled ‘‘An Act to authorize the trans- those contained a bill previously law will now add South Korea to the passed by this House this spring, H.R. fer of items in the War Reserves Stockpile list of countries in the Arms Export for Allies, Korea’’, approved December 30, 5916, the Security Assistance and Arms 2005 (Public Law 109–159; 119 Stat. 2955), Control in the same way as NATO, Aus- Export Control Reform Act of 2008. which authorized the President, notwith- tralia, New Zealand and Japan. This is The bill before us strengthens the standing section 514 of the Foreign Assist- a significant symbolic recognition of U.S. commitment to the security of ance Act of 1961 (22 U.S.C. 2321h), to transfer the critical importance of South Korea our dear friends in Israel by requiring to the Republic of Korea certain defense to U.S. national security and to peace an objective analysis of Israel’s mili- items to be included in a war reserve stock- and stability throughout East Asia. tary capability with respect to conven- pile for that country. It also requires the administration to tional and unconventional threats (6) Enhanced support for defense coopera- empirically assess on an ongoing basis tion with the Republic of Korea is important while authorizing an increase in U.S. to the national security of the United the State of Israel’s ‘‘Qualitative Mili- foreign military financing that is con- States, including through creation of a sta- tary Edge,’’ we call it QME, against sistent with the August 2007 U.S.-Israel tus in law for the Republic of Korea similar conventional or nonconventional secu- memorandum on military assistance. to the countries in the North Atlantic Trea- rity threats, to report that assessment These provisions are of vital impor- ty Organization, Japan, Australia, and New to Congress every 4 years, and to use tance because as we all know, Israel is Zealand, with respect to consideration by that assessment when reviewing arms surrounded by a number of threats Congress of foreign military sales to the Re- exports to other countries in the Mid- which threaten its very survival. public of Korea. dle East. (b) SPECIAL FOREIGN MILITARY SALES STA- Thus, the provisions in this bill en- TUS FOR REPUBLIC OF KOREA.—The Arms Ex- Every President since Lyndon John- hancing our relationship with Israel port Control Act (22 U.S.C. 2751 et seq.) is son has affirmed the U.S. commitment are critical to Israel’s security but also amended— to Israel’s Qualitative Military Edge to our vital interests in the region. (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), against potential enemies. But unfor- This legislation also upgrades the 3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), tunately it has become clear the ad- Foreign Military Sales status of our 62(c)(1), and 63(a)(2), by inserting ‘‘the Re- ministration uses subjective judgment staunch ally, the Republic of Korea. public of Korea,’’ before ‘‘or New Zealand’’ when evaluating Israel’s QME. The Elements of this provision were in- each place it appears; (2) in section 3(b)(2), by inserting ‘‘the Gov- State and Defense officials have admit- cluded in H.R. 5443 which passed the ernment of the Republic of Korea,’’ before ted there is no objective empirical House earlier this week. This upgrade ‘‘or the Government of New Zealand’’; method for evaluating this critical is an important symbol of a renewed (3) in section 21(h)(1)(A), by inserting ‘‘the measure of whether or not Israel main- and transformed U.S.-ROK alliance. It Republic of Korea,’’ before ‘‘or Israel’’; and tains a qualitative superiority over po- reaffirms that South Korea continues (4) in section 21(h)(2), by striking ‘‘or to tential threats to its security. to be a close and a much-valued stra- any member government of that Organiza- It is also clear that by such subjec- tegic ally of the United States in a re- tion if that Organization or member govern- tive evaluations are performed sale by lationship that is, and must remain, a ment’’ and inserting ‘‘, to any member gov- ernment of that Organization, or to the Gov- sale and country by country without bedrock of stability in Northeast Asia. ernments of the Republic of Korea, Aus- clear, overall consideration of the bal- Mr. Speaker, our actions here to- tralia, New Zealand, Japan, or Israel if that ance of capabilities possessed through- night will help to advance a new stra- Organization, member government, or the out the region that conceivably affect tegic framework for the alliance, not Governments of the Republic of Korea, Aus- Israel’s security. only for the purpose of managing a tralia, New Zealand, Japan, or Israel’’. This provision would remedy this range of North Korea contingencies, The SPEAKER pro tempore. Pursu- glaring lack of a robust mechanism to but also to cement a common, demo- ant to the rule, the gentleman from make security and export decisions cratic partnership for the 21st century.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00150 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22832 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 Finally, Mr. Speaker, this bill au- (1) in subparagraph (A)— mined fair, marketplace-based rates, thorizes the grant of surplus Navy ves- (A) by striking ‘‘small commercial’’ each averaged over a 5-year rate period. The sels. According to our Secretary of the place it appears and inserting ‘‘commercial’’; judges followed their authorizing stat- Navy, these proposed transfers would (B) by striking ‘‘during the period begin- ute and carried out their duties in a ning on October 28, 1998, and ending on De- improve our political and military re- cember 31, 2004’’ and inserting ‘‘for a period fair and impartial manner. Both sides lationship with these countries. of not more than 11 years beginning on Janu- were able to present thorough cases b 2000 ary 1, 2005’’; and the judges came to a fair result (C) by striking ‘‘a copyright arbitration based on the evidence presented. The United States would also incur royalty panel or decision by the Librarian of Since that determination, certain no cost in transferring these vessels, as Congress’’ and inserting ‘‘the Copyright Roy- webcasters have requested that copy- the recipients would be responsible for alty Judges’’; and right owners enter into negotiation to all costs associated with the transfers. (D) in the second sentence, by striking offer an alternative rate for webcasters I urge support for this important ‘‘webcasters shall include’’ and inserting who meet unique conditions, and re- measure, Mr. Speaker. ‘‘webcasters may include’’; I reserve the balance of my time. (2) in subparagraph (B), by striking ‘‘small quested that the Committee on the Ju- Mr. BERMAN. Mr. Speaker, I have no commercial’’ and inserting ‘‘commercial’’; diciary facilitate such negotiations. further requests for time. I simply (3) in subparagraph (C)— These negotiations have been pro- want to express my deep appreciation (A) by striking ‘‘Librarian of Congress’’ ceeding in earnest over the past 2 and inserting ‘‘Copyright Royalty Judges’’; months, and the parties are making to my ranking member. We have been (B) by striking ‘‘small webcasters’’ and in- working together now for 7 or so considerable progress. serting ‘‘webcasters’’; and Because the parties will not be able months. We are not always perfect in (C) by adding at the end the following: our dealings, but it is a lot more good ‘‘This subparagraph shall not apply to the to finish their negotiations before Con- than bad, and getting better. I am extent that the receiving agent and a gress recesses, however, and because grateful for her support and under- webcaster that is party to an agreement en- authority by Congress is required for a standing of all the different shifts in tered into pursuant to subparagraph (A) ex- settlement to take effect under the these kinds of things, and I am glad to pressly authorize the submission of the government compulsory license, we are agreement in a proceeding under this sub- pushing this legislation that will grant have her support for this bill. section.’’; Mr. Speaker, I yield back the balance such authority and hope the negotia- (4) in subparagraph (D)— tions will continue in a positive direc- of my time. (A) by striking ‘‘the Small Webcasters Set- Ms. ROS-LEHTINEN. Mr. Speaker, I tlement Act of 2002’’ and inserting ‘‘the tion for both sides. would also like to reiterate the warm Webcaster Settlement Act of 2008’’ ; and I might add that the issue of broad- friendship and great cooperation that (B) by striking ‘‘Librarian of Congress of casters who are doing or want to do we have gotten from our chairman, July 8, 2002’’ and inserting ‘‘Copyright Roy- webcasting negotiations in that area both as Members and as members of alty Judges of May 1, 2007’’; and also will be starting in the immediate our staff coordinate these sometimes (5) in subparagraph (F), by striking ‘‘De- future. thorny bills, controversial measures, cember 15, 2002’’ and all that follows through The SPEAKER pro tempore. The gen- ‘‘2003’’ and inserting ‘‘February 15, 2009’’. and we are able to compromise and tleman’s time has expired. come to an agreement and under- The SPEAKER pro tempore. Pursu- Mr. BERMAN. I yield myself 1 addi- standing and help the House develop a ant to the rule, the gentleman from tional minute. good foreign policy for this greatest California (Mr. BERMAN) and the gen- It is an important principle that ne- nation in the world, the United States tleman from Texas (Mr. SMITH) each gotiations are more appropriate before of America. It is an honor for me to will control 20 minutes. the copyright royalty proceeding. How- The Chair recognizes the gentleman work with Chairman BERMAN. ever, these conversations that have Mr. Speaker, I yield back the balance from California. taken place under the committee’s aus- of my time. GENERAL LEAVE pices are occurring in unique and ex- The SPEAKER pro tempore. The Mr. BERMAN. Mr. Speaker, I ask traordinary political and business cir- question is on the motion offered by unanimous consent that all Members cumstances and are unlike typical the gentleman from California (Mr. have 5 legislative days to revise and ex- marketplace negotiations. BERMAN) that the House suspend the tend their remarks and include extra- This bill provides that any alter- rules and pass the bill, H.R. 7177. neous material on the bill under con- native private deal-making or any pri- The question was taken; and (two- sideration. vate deal regarding an alternative rate thirds being in the affirmative) the The SPEAKER pro tempore. Is there would not be precedential, unless, of rules were suspended and the bill was objection to the request of the gen- course, the parties agreed that it passed. tleman from California? should be. Some of the rates that are A motion to reconsider was laid on There was no objection. being discussed represent a large dis- the table. Mr. BERMAN. Mr. Speaker, I yield count, a huge discount from what inde- f myself 3 minutes. pendent decisionmaking bodies have Mr. Speaker, I rise in support of H.R. found to be marketplace rates, and less WEBCASTER SETTLEMENT ACT OF 7084, the Webcasters Settlement Act of than what I understand many 2008 2008, which grants authority to rel- webcasters have been paying since the Mr. BERMAN. Mr. Speaker, I move evant parties to negotiate an alter- judges reached their decision. to suspend the rules and pass the bill native royalty rate for the use of music Neither this deal nor this bill should (H.R. 7084) to amend section 114 of title on Internet radio stations under the be understood as a criticism of the 17, United States Code, to provide for existing government compulsory li- judges’ decision, and I would expect agreements for the reproduction and cense. marketplace rates to be higher and at performance of sound recordings by This license gives webcasters the least a reflection of what the judges de- webcasters, as amended. privilege of using copyrighted recorded cided absent the distinct circumstances The Clerk read the title of the bill. music at a government-mandated rate that apply here. The text of the bill is as follows: determined by the Copyright Royalty I hope this legislation will make it H.R. 7084 Judges. easier for more music to be performed SECTION 1. SHORT TITLE. The recent government rate was de- online by paying services, and also that This Act may be cited as the ‘‘Webcaster termined on March 2, 2007. After con- there will be an increase in compensa- Settlement Act of 2008’’. sidering voluminous written submis- tion to creators. SEC. 2. AGREEMENTS ON BEHALF OF WEBCASTERS. sions and 48 days of trial testimony I urge my colleagues to support the Section 114(f)(5) of title 17, United States that filled 13,288 pages of transcript, bill. Code, is amended— the Copyright Royalty Judges deter- I reserve the balance of my time.

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Mr. SMITH of Texas. Mr. Speaker, I gentleman from Washington (Mr. INS- ‘‘Internet radio gave me the freedom yield myself such time as I may con- LEE), the author of this legislation. The to put together my own format station sume. gentleman has been very focused on without having to be a cookie-cutter Mr. Speaker, H.R. 7084, the this issue since the time the Copyright station. Listeners and musicians love Webcasting Settlement Act of 2008, Royalty Board came down with what I it because of the variety of music and grants limited statutory authority to view as a just decision, but which oth- the fact local and independent artists SoundExchange, the government des- ers may have a different opinion of. are played.’’ That’s a quote from the ignated entity responsible for dis- Mr. INSLEE. Mr. Speaker, I am de- Frederick News Post. bursing webcasting royalties. Specifi- lighted to be here tonight to help pass This is really why our constituents cally, the bill gives SoundExchange the the Webcaster Settlement Act of 2008. love this service. We want to find a ability to enter into and negotiate The reason is I really do believe the business model where webcasting can agreements with webcasters for the upshot of this legislation will be the thrive, where consumers can listen, performance of sound recordings over survival of webcasting as we know it in and, at some point, terrestrial broad- the Internet. the United States, to really allow our casters who will be able to simulcast As background, the Copyright Roy- consumers and our constituents to con- under this the legislation, they will be alty Board last year issued its final tinue to enjoy tremendous opportuni- able to access the benefit of this legis- rate determination in a webcasting ties to listen to great music and great lation, and they will be involved in ne- proceeding. That decision, which was news over the Internet, and allow the gotiations to find a right, appropriate the product of a lengthy and extensive continued development of businesses level. adjudicatory process open to all par- around the business model of I am delighted by the passage of this, ties, has withstood all legal challenges webcasting. and I thank all involved in this effort. in the D.C. Court of Appeals. I am very appreciative of Chairman Mr. SMITH of Texas. Mr. Speaker, In issuing its final ruling, the CRB BERMAN and his efforts to facilitate first I want to thank the gentleman established the market rates and terms discussions to help resolve this dif- from Washington (Mr. INSLEE) for his for the performance of statutorily li- ficult issue and to the ranking mem- comments. censed Internet streamed music for a 5 ber, Mr. SMITH, who is a cosponsor of I would like to yield as much time as year period that ends December 31, this legislation. This really is a bipar- he may consume to my colleague on 2010. tisan effort to find a resolution to a the Judiciary Committee, the gen- Preferring voluntarily negotiated difficult issue. tleman from Utah (Mr. CANNON) who is settlements to the continuation of ad- As Mr. BERMAN indicated, there is a now serving as the ranking member of versarial legal proceedings, wide divergence on what the right roy- the Administrative and Commercial SoundExchange and representatives alty to pay is. Certainly a lot of busi- Law Subcommittee of the Judiciary from both the commercial and non- nesses were jeopardized by this deci- Committee. commercial webcasting operators have sion. I just note one that led to this re- Mr. CANNON. Mr. Speaker, I rise been attempting to craft a compromise lief. Big R Radio, it is actually in the today in support of H.R. 7084, the that might end this litigation and pro- State of Washington where I hail from, Webcasters Settlement Act of 2008. vide certainty to sound recording copy- under the CRB decision that gave rise I want to thank my friend, Chairman right owners and webcasters alike. to this issue, it would have caused Big BERMAN, for his tireless work on this While progress has reportedly been R Radio to exceed by 150 percent of issue, as well as Mr. INSLEE, Ms. ZOE made, the law does not permit a suc- their revenues what they would have to LOFGREN and the ranking member of cessfully negotiated agreement to be pay in royalties. the Judiciary Committee, Mr. SMITH. given effect after the CRB has issued b 2015 Since the CRB’s ruling in March of its final ruling. To provide the needed We have heard many businesses 2007, the stakeholders, including the flexibility, the Webcaster Settlement would be in that situation. Digital Media Association, NPR and Act of 2008 provides a limited window We have been engaged now for some RIAA, have been negotiating for a of time to enable the parties to try and period of time, discussions to try to lower rate to preserve the existence of reach a voluntary accord. find a resolution and agreement be- Internet radio as we know it. In supporting this legislation and ap- tween those who are webcasters, who We know that the rates set by the proach, I believe it is particularly im- have big dreams, and providing tremen- CRB would have killed Internet radio, portant that SoundExchange reach out dous music to allow them to continue. and today we stand on the cusp of a and expand the number of webcasting We hope that those will succeed. We major breakthrough after months of representatives with whom they have think that we are close to a successful difficult negotiations between the pri- been meeting. This will ensure all le- resolution of those discussions. Mr. vate parties. This bill does nothing to gitimate points of view are considered BERMAN has been very helpful in that affect the scope of performance rights in negotiating settlements. This au- regard. or make any other changes to the un- thority will accomplish little in the But to get there, we need to have this derlying copyright law. It clearly does long run if the interests of the public bill to make sure that when an agree- not affect broadcasters. They will not and all significant stakeholders are not ment is reached, that it has, in fact, be bound by any settlement, negotiated carefully weighed and reflected in the the sanction of the United States. This settlement or settlement agreement. final agreements. bill is really kind of simple. It just ba- This bill simply clears the path for In closing, Mr. Speaker, I note this sically says that the parties, if they the private negotiations to continue proposal is similar to the manner in can reach an agreement, Uncle Sam while Congress is in recess. I have long which Congress resolved a webcasting will not get in the way. Certainly that opposed congressional mandates and royalty dispute in 2002. makes sense from all standpoints on other government impositions on pri- While there are significant dif- both sides of the aisle. vate parties. ferences between H.R. 7084 and the ear- I just want to note how important it I urge my colleagues to support this lier law, this bill is needed at this time. is. I know many people have been in- legislation. It simply gives the If this authority is utilized properly, it terested in this in the last few days to webcasters and copyright holders the will benefit the public. encourage Congress to pass this legisla- freedom to continue the negotiation I urge my colleagues to support H.R. tion. Webcasting really has become a process. 7084. fabric of people’s daily lives. Without this legislation, negotiation Mr. Speaker, I reserve the balance of I want to read one quote from Luis could not continue, and all parties my time. Jimenez, who is involved in Live365 would be bound by the CRB decision. Mr. BERMAN. Mr. Speaker, I am network. He is from Frederick, Mary- Mr. Speaker, this is likely to be the very pleased to yield 3 minutes to the land. This is a quote: last time I address the House, at least

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00152 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22834 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 for some time, and I would like to take I just want to say, if you look at Con- come by and say hello on occasion. a moment to thank the Judiciary Com- gressman CANNON’s record and mine, Congratulations. mittee staff, and the majority staff, you will find very different records, one Mr. BERMAN. Mr. Speaker, I yield and minority staff, for their tireless of the most conservative Members of myself such time as I may consume. work, and for the floor staff of both the Congress, and I am not. I just want to take a moment, the majority and minority parties who But I will say that working with Con- irony of both Mr. SMITH and Mr. CAN- have been amazingly good at keeping gressman CANNON is a tremendous NON being on the floor at the same things moving here. honor, because he is a very smart guy time. For so many years, I was on Eth- Finally, I would like to thank our and he is very focused. There are never ics Committee with Mr. SMITH as chair- wonderful clerical staff who keep any games working with him. It’s al- man during a big part of that time, on things moving and have made this such ways what can he see that’s in the the Immigration Committee with Mr. a pleasant and wonderful place to do public’s interest. When you can work SMITH being chairman for a part of business. I think I should also like to with someone like that, even though that time, and on Intellectual Prop- add thanks to our security for the floor it’s a conservative and a nonconserv- erty, when Mr. SMITH was chairman for for the wonderful support they have ative, you can make progress. a serious part of that time. been. It’s just been an honor to work with I hate to say this in front of the Mr. BERMAN. I have great admira- Congressman CANNON. He has served ranking member of the Judiciary Com- tion and respect for the previous speak- his district, his State and his country mittee, but with the gentleman from er, Mr. CANNON, who will be moving on with tremendous distinction. I just Utah, with whom I worked so closely from this body soon. want to thank him for all he has done. on so many different aspects of the im- Mr. Speaker, I want to recognize a I know he will have many other things migration issue, I will sorely miss you. We didn’t agree as much on all the key person in all of this process on to contribute in the private sector, but intellectual property issues as we did webcasting rates, a member of our sub- it’s really been an honor to work with on the immigration issues. But the committee, a very active member of him. other side of the coin is, I didn’t agree our subcommittee, the gentlelady from Mr. SMITH of Texas. I too want to with the ranking member of Judiciary California, for as much time as she thank the gentleman from Utah (Mr. on the immigration issues as much as I may consume. CANNON), my colleague on the Judici- did on the intellectual property issues. Ms. ZOE LOFGREN of California. Mr. ary Committee, for his service to this But in both cases it has really been a Speaker, I rise in support of the institution and to our country. delight to work with both of you, and Webcaster Settlement Act. Since the CHRIS CANNON has served, while he particularly you, Mr. CANNON, because Copyright Royalty Board announced has been on the Judiciary Committee, at least for now you won’t be back here its decision dramatically increasing both as the chairman of the Commer- next year. I will miss both your person royalty rates for webcasters, Internet cial and Administrative Law Sub- and your work on these issues, and we radio has really been in serious jeop- committee, and as ranking member, a shall prevail. ardy. In some cases, fees under the rul- position he holds right now. Mr. CANNON. Would the gentleman ing actually exceeded the revenue, ob- The gentleman from Utah has yield? viously a business model that is impos- brought to that position an incredible Mr. BERMAN. I do. sible to sustain. knowledge and expertise and commit- Mr. CANNON. This is an amazing, ac- Because the demise of Internet radio ment to so many issues that impacts so tually, pass. Mr. INSLEE and I, of is absolutely in no one’s interest, not many Americans in this country today. course, have worked on the Natural Re- in the stakeholders, Members of Con- He has, in my judgment, that rare sources Committee together and dif- gress have worked very hard to reach a blend of a sense of humor and a seri- fered sharply on many issues, but never negotiated compromise that would su- ousness of purpose that make him an unpleasantly. persede the CRB decision and preserve ideal Member of Congress. Those tal- This is an amazing pass where people the continued viability of Internet ents and those skills and his dedication of such divergent views are together on radio. to Congress and to our country will be the same issue. It’s a nice send-off. I I particularly want to commend Rep- missed, but we look forward to staying appreciate your kind comments and resentative BERMAN for his work in in touch with him and wish him well in those of the gentlelady from California bringing the parties together. They his next adventure. and the gentleman from Washington were very far apart, and his personal Mr. Speaker, I yield back the balance and the gentleman from Texas. attention to this has been a key ele- of my time. Mr. BERMAN. Mr. Speaker, in clos- ment for this progress. Mr. BERMAN. I am pleased to yield ing, I just want to say that we have be- This act buys some time for the ne- again to the sponsor of this bill an ad- fore us legislation that is supported by gotiations to continue, removes the ditional minute. the DMA association, the Digital statutory impediment to implementa- Mr. INSLEE. Mr. Speaker, I do also Media Association and the Sound Ex- tion of a negotiated compromise, and I want to express my great respect for change, the collection agency, as well am very hopeful that we will achieve the previous speaker, Representative as their component memberships, in- what we wish. CANNON. He is a fellow of such great cluding the labels, the performers, the The alternative to this legislation heart and cheerful countenance, it has musicians, the backup singers, Na- would be a court-imposed solution that been a pleasure to serve with him. He tional Public Radio, the small would drive many of the newest and and I now belong or shortly will belong webcasters. I should report, based on most promising innovators like Pan- to an elite group. He will be joining the the conversations and an amendment dora, located in Alameda County, out Former Members of Congress. I am also that extends till February 15 the dead- of the marketplace. It’s not just the a member of the Former Members of line, this bill does not have the opposi- providers of content, it’s the American Congress. tion of the National Association of public, indeed the world, that is able to I just want to relate to him that Broadcasters. use the digital world for access to con- many of us who are not serving at one Mr. Speaker, I would like to make clear that tent. We don’t want, any of us, to stand time, it is a respectful and honorable no provision of H.R. 7084 should be construed in the way of that. position to be in. I want his family to to opine on what entity or entities can be con- I just want to take a minute here, be- know how much we respect his service. sidered a ‘‘receiving agent’’ under 17 U.S.C. cause this may be the last time that I We know he is going to go on to do Section 114(g)(4). I understand that there is have an opportunity to work on a bill great things for his community and his ongoing litigation pertaining to the qualifica- on this floor with Congressman CAN- family. tions of a receiving agent and I would not NON, who will not be returning to the Congressman, I would like to tell you want H.R. 7084 to influence a court’s ultimate 111th Congress. how much we respect you. Hope you decision on this matter.

VerDate Mar 15 2010 12:54 Apr 12, 2011 Jkt 069102 PO 00000 Frm 00153 Fmt 0688 Sfmt 9920 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22835 Mrs. BLACKBURN. Mr. Speaker, I rise in b 2030 will not vote for any economic recov- support of the Webcaster Settlement Act of HISTORIC MOMENT ery plan that is going to do that be- 2008, and want to thank the gentleman from cause it would undermine the effective- Washington for his leadership in bringing this The SPEAKER pro tempore. Under a ness of any economic recovery effort by resolution to the floor. previous order of the House, the gentle- making it even harder to value these H.R. 7084 is a simple yet critical legislative woman from North Carolina (Ms. FOXX) securities. solution that allows private sector actors to is recognized for 5 minutes. There is another gift in the draft pre- keep a negotiating process alive. Why? Be- Ms. FOXX. Mr. Speaker, you know, sented by the Democrats to big labor. cause Internet radio royalties operate under a people often come up and say we are at This gives Washington’s powerful big government license, and Congressional ap- an historic moment. Every moment is labor bosses a big handout by having proval is necessary to allow a private sector a part of history because at some time them have ‘‘say on pay’’ or proxy ac- agreement to effectuate outside the govern- what we are doing is going to be re- cess provisions that the Democrats ment process. corded but we really are at another de- have added to this. This is a good thing. After all, if I have a fining moment in American history And then a group that people have choice between a government mandated solu- here this week and this weekend. asked me about ACORN. There is a big tion and a private sector agreement, I will take And the American people need to gift in here to that group. It includes a the private sector agreement almost every know that House Republicans are giveaway that would force taxpayers to time. fighting for the right values and for bankroll a slush fund to a discredited The Webcaster Settlement Act of 2008 what 99 percent of Americans have ally of the Democratic Party. ACORN’s guarantees that our nation’s performing artists, been telling us for the past week. I am fraudulent voter registration activities musicians, record labels and webcasters can also happy to report that most House on behalf of Democratic candidates are continue copyright negotiations that are mak- Republicans agreed with their con- well known. This bill that the Democrats have ing slow but steady progress. And a resolution stituents even before they began hear- presented would return any profits to the issue is critical, so Internet radio lis- ing from their constituents, and that’s a good thing for the American people made in the long term from the eco- teners can keep on listening and the people nomic rescue package partly back to performing those songs can be properly com- to know because that means our re- solve is even stronger than it would ACORN. In fact, the first part of it pensated. would go to ACORN for their often-ille- The Copyright Royalty Board is small gov- have been if some of our Members had been of a different mind but changed gal help in helping Democrats get ernment body tasked with determining royalty elected. rates for the use of music over Internet radio. their mind once they started hearing from their constituents. I have, Mr. Speaker, a long list of It is obscure to some, but its decisions are their most recent scandals and unlaw- critical to my constituents in Tennessee and House Republicans are fighting to en- sure that the rescue bill, the economic ful activities. Seven ACORN workers Internet radio users across the country. Unfor- were charged with committing the big- tunately, this body was tasked with the author- rescue bill doesn’t give a blank check to Wall Street at the expense of tax- gest voter registration fraud in Wash- ity to adjudicate a rate structure at the direc- ington State history. That was from tion of Congress back in 2004. This proved to payers on Main Street. People have been calling me all day today. I had a the Seattle Times. be unwise, since the Board’s decision an- Another article from the Wall Street call just before I came on the floor ask- nounced in March of 2007 sparked a lengthy Journal, ‘‘Late last year, a handful of ing me are we all right. I am here to re- lobbying battle and an acrimonious relation- ACORN canvassers in Washington assure the American people that from ship between two important members of the State admitted that they had falsified our side of the aisle we are all right. music industry’s family; the copyright holder voter registrations by illegally filling We are doing fine, and we are standing and the copyright deliverer. out hundreds of forms with names such strong. And I think it is very impor- We now understand that the parties are as Dennis Hastert, Leon Spinks and tant that we say that. gradually coming together, and growing closer Fruito Boy Crispila.’’ to finding common ground. Congress should But I think also we need to say what I don’t have time in the short time I do everything in its power to ensure the nego- some of the specific things we are have available to read all of these ex- tiations continue, and H.R. 7084 is the vehicle fighting for and we are fighting cerpts from articles, but I would like to to guarantee the talks will continue. against. We are fighting to make sure put them all in the RECORD. I urge my colleagues to support it, and yield that we don’t slide into socialism in Mr. Speaker, I want the American the balance of my time. this country. And we are fighting people to know, Republicans are fight- Mr. BERMAN. I urge the passage of against the special interests, the pork ing for you. H.R. 7084 and yield back the balance of barrel and the very groups that helped ‘‘ACORN is a long-time advocacy group my time. get us into the situation that we are in with whom Obama was once associated. Re- The SPEAKER pro tempore. The now. I want to say that we are working cently, though, ACORN workers in two question is on the motion offered by hard to get out of any bill that is pre- states have pleaded guilty to election fraud, an unlikely recipient of federal largess.’’ Fox the gentleman from California (Mr. sented here that has pork barrel provi- sions added by the Democrats, that News Report, 9/26/08. BERMAN) that the House suspend the ‘‘Seven ACORN workers were charged with rules and pass the bill, H.R. 7084, as would reward the people who support ‘committing the biggest voter-registration amended. them and give them all their money. fraud in [Washington] state history.’ ’’ The The question was taken; and (two- Let me talk about three of those Seattle Times, 7/26/07. thirds being in the affirmative) the groups. Number one, the trial lawyers. ACORN workers submitted ‘‘just over 1,800 Believe it or not, the Democrats have new voter registration forms, but there was rules were suspended and the bill, as a problem. The names were made up—all but amended, was passed. figured out a way to put into this eco- nomic recovery bill a great gift to the six of the 1,800 submissions were fakes... The A motion to reconsider was laid on ACORN workers told state investigators that the table. trial lawyers, and that is something they went to the Seattle public library, sat that is called around here a cram down at a table and filled out the voter registra- f provision. tion forms. They made up names, addresses, It would allow people who don’t and Social Security numbers and in some SPECIAL ORDERS think their mortgage rate is fair to go cases plucked names from the phone book. The SPEAKER pro tempore. Under to a bankruptcy judge and ask that One worker said it was a lot of hard work the Speaker’s announced policy of Jan- bankruptcy judge to change the condi- making up all those names and another said uary 18, 2007, and under a previous tions of their mortgage. That is an he would sit at home, smoke marijuana and fill out the forms.’’ Fox News Channel, 5/02/ order of the House, the following Mem- abomination. But what it would do is 08. bers will be recognized for 5 minutes give a lot of work to trial lawyers. We ‘‘Late last year, a handful of ACORN can- each. have said there is a marker here, we vassers in Washington state admitted that

VerDate Mar 15 2010 12:54 Apr 12, 2011 Jkt 069102 PO 00000 Frm 00154 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22836 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 they had falsified voter registrations by ille- across the nation, House Republicans will enormously important throughout the gally filling out hundreds of forms with continue to fight to remove the ACORN pay- world, as a matter of fact. names such as Dennis Hastert, Leon Spinks back and any other Democratic poison-pills It is important I think also to recog- and Fruito Boy Crispila.’’ Wall Street Jour- from the economic rescue package. nize there is an aspect of this discus- nal, 7/31/08. f ‘‘Eight workers for a get-out-the-vote ef- sion which does go back to the original fort in St. Louis city and county have plead- VACATING 5-MINUTE SPECIAL issue of illegal immigration into the ed guilty to federal election fraud for sub- ORDER country, and it is no small part of the mitting false registration cards for the 2006 problem that we now face. election, authorities said today. The workers The SPEAKER pro tempore. Without Several months ago in my own coun- were employed by the Association of Com- objection, the 5-minute Special Order ty, Jefferson County, Colorado, the dis- munity Organizations for Reform Now of the gentleman from Colorado (Mr. trict attorney indicted several realtors (ACORN), gathering voter registrations.’’ As- TANCREDO) is vacated. and mortgage brokers for fraudulently sociated Press, 4/02/08. There was objection. developing documents for people who ‘‘Acorn has had a number of missteps. This month its founder, Wade Rathke, resigned f were here illegally so they could buy after news emerged that his brother Dale had ILLEGAL IMMIGRATION homes. By the way, it is not nec- embezzled nearly $1 million from Acorn and essarily illegal in the United States, as affiliated groups eight years ago—informa- The SPEAKER pro tempore. Under peculiar as this may sound, it is not il- tion the group kept from law-enforcement the Speaker’s announced policy of Jan- legal for someone who is here illegally authorities and most members. Dale Rathke uary 18, 2007, the gentleman from Colo- to purchase a home, but it is certainly left the organization only last month.’’ Wall rado (Mr. TANCREDO) is recognized for illegal to doctor the documents, to fal- Street Journal, 7/31/08. 60 minutes as the designee of the mi- sify the Social Security and tax So how exactly will ACORN be rewarded if nority leader. records. Now this is a tiny story. How the Democrats get their way? Very simple: Mr. TANCREDO. Mr. Speaker, I come behind closed doors, ACORN-friendly lan- does it relate to this issue. guage was slipped into the Democratic eco- to the floor tonight to speak on a sub- One county in Colorado, three or four nomic rescue proposal by Senate Banking ject that I have spoken on many, many realtors, three or four mortgage bro- Committee Chairman Chris Dodd (D–CT) and times over the course of my career in kers, accounted for 250 homes being House Financial Services Committee Chair- this Congress. This will be the last sold in just that county in Colorado. man Barney Frank (D–MA). Take a look: time I will be able to address this body Across the Nation, this phenomenon Transfer of a percentage of profits. in a Special Order on this particular accounts for hundreds of thousands of 1. Deposits. Not less than 20 percent of any issue. homes that have been sold to people profit realized on the sale of each troubled I am reminded of nearly a decade ago asset purchased under this Act shall be de- who are here illegally. There have been posited as provided in paragraph (2). when I arrived in the House of Rep- major industries, certainly major 2. Use of deposits. Of the amount referred resentatives in 1999 and there was real- banks in this country that were de- to in paragraph (1) ly no organized effort to facilitate a voted to trying to identify illegal 1. 65 percent shall be deposited into the discussion on the critical issue of im- aliens as a niche market to both make Housing Trust Fund established under sec- migration and immigration reform. them loans, to identify them as poten- tion 1338 of the Federal Housing Enterprises The task I felt at that time was to tial bank customers so they can get Regulatory Reform Act of 1992 (12 U.S.C. bring it to the Nation’s attention any the mortgage. 4568); and way I could, being one Member of the 2. 35 percent shall be deposited into the We saw hundreds of millions, in fact Capital Magnet Fund established under sec- House and as a freshman, there are rel- hundreds of billions of dollars flow into tion 1339 of that Act (12 U.S.C. 4569). atively few ways to accomplish that these mortgages. Now what has hap- Remainder deposited in the Treasury. All goal. One way was to address the House pened? The economy has gone sour. Im- amounts remaining after payments under through the Special Order process, and migration reform efforts have gotten paragraph (1) shall be paid into the General I did that night after night after night. to the point where we actually are now Fund of the Treasury for reduction of the I would sometimes walk away from conducting raids at some of the major public debt. here thinking it may have been a futile factories and meat packing plants What does this mean? The Wall Street gesture. I would leave here and it Journal breaks it down in an editorial pub- across the country. And also States lished today: would be quite late walking across to have taken on this responsibility them- ‘‘What we have here essentially are a pair my office in Longworth, and I would selves and have passed laws. Because of government slush funds created in July as look back at the Capitol dome and I the Federal Government has been so part of the Economic Recovery Act that would see the light shining on it and I lax, we have States taking up the bur- pump tax dollars into the coffers of low-in- would think about the importance of den and passing laws to do something come housing advocacy groups, such as what I was trying to accomplish here. about illegal immigration in their Acorn.’’ And at my office, there were always State, and local communities doing the ‘‘Acorn, one of America’s most militant lights on the phones, I could see people left-wing ‘community activist groups,’ is same thing. spending $16 million this year to register calling and hear the fax machine going, The result is lots of people are leav- Democrats to vote in November. In the past and I knew there were people out there ing, going home. To the extent so much several years, Acorn’s voter registration pro- who were listening to this discussion so that in Mexico, the president of grams have come under investigation in and who were responding to it and that Mexico issued an urgent plea for us to Ohio, Colorado, Michigan, Missouri and always gave me the energy to continue do something to stop the flow of illegal Washington, while several of their employees the discussion, to come back the next aliens back to Mexico because they have been convicted of voter fraud...’’ night and do whatever I could to get couldn’t handle it. They wanted us to That’s right. Rather than returning any people to focus on what I considered to profits made in the long-term from the eco- secure our border, maybe to build a nomic rescue package, Democrats want to be and what I still consider to be one of fence. There were so many returning first reward their radical allies at ACORN the most serious problems facing the that they could not handle the influx. for their help—often illegal help—in getting Nation. Certainly it is one of the most What does that mean for us and the Democrats elected to office. Families, sen- serious domestic problems facing the issue of this mortgage problem that we iors, small businesses, and all American tax- Nation. are having? It means that all of those payers deserve better than what Democratic Now we are talking about a financial people simply walked away from those leaders are attempting to jam down their crisis and it has sucked up all of the mortgages, those hundreds of thou- throats. energy in the room and all of the en- sands of homes that were on the mar- The rescue package should not become a ‘‘Christmas tree’’ for the Democratic Major- ergy on Capitol Hill. All of the oxygen ket. They walked away because of ity’s far-left wing political agenda that seeks has been sucked up by this discussion, course they had nothing at stake. They to shower taxpayer dollars upon groups like and I understand why. It is a crucial were given 100 percent loans, some- ACORN. On behalf of beleaguered taxpayers issue, crucial to our constituents and times even more than that. Their

VerDate Mar 15 2010 12:54 Apr 12, 2011 Jkt 069102 PO 00000 Frm 00155 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22837 names were oftentimes falsified. They they looked for help from the Federal onstrated how widely unpopular the had nothing at stake, were illegally in Government and could not find it, but notion of granting amnesty to illegal the country, so it was easy to walk they have passed wonderful bills to aliens is with the American people. away. They walked away from the deal with this, saying that employers More importantly, however, Congress’ homes and we are stuck with the mort- in their respective States have to use rejection of the bill may have signified gages, and they are now part of this the E-Verify system to make sure that the high watermark for advocates of huge bailout we are trying to focus on the people they have hired are here le- ever increasing levels of immigration, and deal with as the Congress of the gally. both legal and illegal, into the United United States. Legislatively, we’ve seen other States. We haven’t talked about that as an things that seemed impossible a while Supporters of the President’s immi- issue, but I suggest to you it is an enor- back. In October of 2004, Speaker gration plan were forced to even mous issue. No one wants to talk about HASTERT’s H.R. 10, which came out of change the rhetoric of the debate as it, just like no one wanted to talk the 9/11 Recommendations Implemen- they tried desperately to invent a non- about this issue for the last 10 years. tation Act, was passed in the House, offensive euphemism for amnesty. We Only recently have we seen a bit of a and it substantially targeted immigra- heard it referred to as ‘‘earned legaliza- change. In 1999, I founded the Congres- tion-related weaknesses related to ter- tion,’’ as ‘‘comprehensive reform’’ and sional Immigration Reform Caucus, rorist travel. as ‘‘regularization.’’ Despite their ef- and six people agreed to join initially. The following month, I used a rarely forts, however, Americans made it The task I felt again was something employed conference rule to force a Re- quite clear that they opposed amnesty. that I had to undertake. It was one of publican Conference meeting and post- It’s not surprising, but the amnesty those things that I decided to add to pone a vote on the Intelligence reform proposal contained within the bill isn’t the repertoire, if you will, of talking bills because immigration-related pro- the only fuel that fueled the grassroots about it here at night, forming an im- visions had been stripped from the con- brush fire that killed that bill. Dra- migration reform caucus and trying to ference report. The shutdown resulted matic increases in legal immigration get people to pay attention. in the promise that became the Real ID levels proved to be nearly as unpopular Act, which became the law the fol- as amnesty, and it also contributed to b 2045 lowing year. It mandates standards for the demise of the legislation. Well, there have been—I don’t the issuance of driver’s licenses that Public concerns about dramatically know—hundreds of speeches, literally would preclude the eligibility of illegal increased levels of legal immigration thousands of radio spots that I have aliens. helped to derail a similar Senate pro- done and interviews that I have done In 2006, the Secure Fence Act became posal in 2006 after Robert Rector of the on this particular issue, thousands of law, mandating the construction of ap- Heritage Foundation analyzed how speeches that I have given around the proximately 800 miles of fencing and many foreigners the bill would allow country. infrastructure on the U.S.-Mexico bor- into the United States over the next 20 Things have begun to change, and I der. Three hundred miles of that fence years, some 60 million people. Sheer am extremely happy about that. We have been completed. numbers began to transcend anecdotal certainly have more members of the The most important tool in forcing stories about friendly immigrant caucus now headed by BRIAN BILBRAY, Congress to deal with immigration is neighbors on the minds of the Amer- over 100 members, both Republicans the amendment process that we have ican public. and Democrats, and a number of things here. In 2003, I began offering amend- Indeed, the protracted debate over have happened around the country that ments to spending bills, seeking to en- immigration has voters increasingly are worthy of note. force Federal laws that prohibit sanc- focused on what is a very reasonable The Minuteman Project showed the tuary cities. This was a new strategy, question: What kind of immigration Nation how a few hundred concerned and I began to build a record for all of policy serves our national interest? citizens could shut down border traffic my colleagues. No longer could Mem- Not surprisingly, few have stepped for- with lawn chairs and cell phones, just bers just speak in platitudes about im- ward to defend the status quo or the doing what they could do in their spare migration. They had to put their massive increases proposed by the Sen- time as American citizens looking for a money where their mouths were and ate leadership or the President. Mr. lawful way to address the issue of ille- cast a vote up or down on these real Rector penned a report applicable to gal immigration. Thousands of people issues. that year’s Senate concoction. Despite did it. It was a wonderful thing to ob- I brought amendments on the sanc- all the talk about how critical low- serve even though, by our own Presi- tuary policy’s temporary protected sta- skilled immigrants are to economic dent, they were called vigilantes, and tus by removing reimbursements for il- growth, his study confirmed what of course, they were the people who legal alien health care, by repealing many already knew, that low-skilled were actually enforcing the law as op- food stamps for immigrants, by sus- legal and illegal immigrants are a net posed to the President, who was ignor- pending the Visa Waiver Program, by cost to taxpayers, not a net gain, just ing it. revoking visas for countries that refuse as their native-born counterparts are. We’ve had governors of southern bor- reparations. The Senate bill would have cost our der States, Democrats and Republicans As the votes began to pile up, the children and grandchildren $2.5 trillion alike, declare states of emergency in voting habits of my colleagues began due to amnesty provisions and in- their individual States because of the to change. The first sanctuary amend- creased levels of legal immigration au- massive number of illegal immigrants ment I offered in 2003 got 102 votes. thorized by the legislation. Again, it who have come across the borders. Now we regularly pass these amend- was Mr. Rector’s analysis that deeply We’ve had small towns, communities ments. The real catalyst was President shook the public’s confidence in the all over this country do what Mayor Bush’s speech in 2004, which caused Senate’s credibility in handling the Barletta did in the small town of Ha- widespread outrage with the amnesty issue. Once more, the question about zleton, Pennsylvania when he passed proposal. Our constituents showing the legal immigration became relevant in ordinances against hiring or renting to vast disconnect between themselves light of that information. illegal aliens. He earned national at- and the beltway elite started making Now, I’m not saying that America is tention and a crucial battle with the their views known with the benefits of ready to install a ‘‘no vacancy’’ sign on ACLU for that. high-paid lobbyists. the Statue of Liberty. At the same Of course, I mentioned earlier there Like most Americans, I was de- time, we cannot discount the increas- are other States, States like Arizona, lighted to watch the immigration pro- ingly disconcerting public feeling that Oklahoma, Georgia, that have taken up posal go down to defeat in the U.S. honoring our tradition of immigration this issue themselves because, again, Senate. First and foremost, it dem- while decreasing the yearly total of

VerDate Mar 15 2010 12:54 Apr 12, 2011 Jkt 069102 PO 00000 Frm 00156 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22838 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 immigrants to more sustainable levels that most of us have about where we go us down—who we are, what we’ve built, are not mutually exclusive goals. A from here. It is imperative that we what we’re all about. This is the cult of significant decrease similar to that one stay strong in our opposition to am- multiculturalism. When millions of in the Commission on Immigration Re- nesty of any kind. It is imperative that people come into this country, either form advocated in the mid-1990s would we push for a border fence and for one legally or illegally, who are also inter- be a good first step toward creating a that is, in fact, a real deterrent to the ested in ideas and who are interested in more orderly and sustainable immigra- flow of illegal immigrants into the things other than becoming an Amer- tion policy in America, such as, by the country. ican, we become susceptible to a dis- way, eliminating chain migration and It is imperative that we never, ever ease that really will destroy us. It is a the visa lottery. I continue to believe do to anybody else what we’ve done to disease that works its way from within that a return to traditional immigra- Agents Ramos and Compean, who are the body politic in this country, and it tion levels as well as stepped up en- still imprisoned for essentially doing is susceptible to an attack from with- forcement can be won in a matter of what they were hired to do in pro- out. months and years, not decades. tecting our borders. We see what’s happening today. We For one reason I believe that this is There are threats to our sovereignty have been calling it a war on terror. It what will happen in this seminal legis- like the Security and Prosperity Part- is a misnomer. It is incorrect to label lative moment in my House tenure is nership and the North American Union. it that way. It is not a war on terror that Mr. SENSENBRENNER, the chairman They continue to exist in some form or that we face and that we are trying to of the Judiciary Committee, began the other. Legal immigration is still at an advance. It is a war against radical process in late 2005 of crafting a com- historical high. The effects of our lan- Islam. Terror is a tactic of radical prehensive immigration reform bill— guage and of our culture threaten not Islamists. It is not the entity with the Border Protection, Antiterrorism, only what kind of a nation we will be which we are at war. and Illegal Immigration Control Act. It but whether we will be a nation at all. Lao Tzu, of course, is a famous Chi- passed 239 to 182. Not only did the en- This leads me to the next part of this nese philosopher, and he has stated and forcement bill first receive broad bipar- discussion and, perhaps, even to the has been quoted over the years because tisan support on the final passage but more serious part that we must begin of his insight into both the nature of so did stand-alone amendments to to work with as we have now accom- war and into the nature of human build border fencing and to reduce plished a number of goals that we have beings. He said at one point that there legal immigration by eliminating the set and that I have set, essentially, for are two things that are desperately Visa Diversity program. myself here, which is one of the rea- needed in order to be successful in any Our immigration caucus played a sons why I chose not to run again. I clash. One is the knowledge of who vital role in making sure that not so mean, when I look back at where I your enemy really is. Who are they? much as a sense of Congress was al- started in this process and where we What makes them tick? Why do they lowed to suggest that we needed guest are now 10 years later, I feel like I have do the things they are doing? The other workers. accomplished many of the goals I set There is still, of course, much to do. is, he says, a knowledge of who you for myself in this body. There are I am proud of the accomplishments of are. We have to understand who it is many people here who I can turn to the caucus. I am proud of the accom- we are fighting. Again, it is not simply now and hand the baton to and know plishments that my colleagues and I, terrorists. that they will take it up—it’s wonder- who have fought for immigration re- b 2100 ful—to Judge Poe and to STEVE KING. I form, have made to this point in time. It is radical Islam. Islam’s hostility Certainly, it is the reason, by the could go on and on with the number of towards the West has nothing to do way, that I ran for the Presidency of people who are here today who are with American troops in Muslim lands the United States, for the Republican committed to doing something about or America’s support for Israel or the nomination for the Presidency of the true immigration reform. Hence, I feel plight of the Palestinians. The first United States. With little idea, in fact very comfortable in taking my leave of thing we must understand is that Mus- no idea, that I would actually become this place at this time, but I do so with lims believe the Koran is the word of the President of the United States in this caveat: that process, I was nonetheless inspired We must never forget the real threat god as dictated to Mohammed. It can- to do what I did and run for the nomi- that exists as a result of massive immi- not be interpreted by man. This is nation for President in order to force gration, both legal and illegal, into troubling because the book’s passages the people who were on the stage with this country when it merges with what call for the destruction of opposing re- me during that period of time to ad- I have often called the cult of ligions, the extermination of non-Mus- dress this issue. There was a reluctance multiculturalism. It permeates our so- lims, and the imposition of a worldwide in doing so. I know I started the proc- ciety, this cult does. It is an emphasis caliphate. ess out in February of last year and on all of the things that pull us apart Among other things, the Koran tells ended it in December, and between that as a society—an emphasis on creating Muslims: those who disbelieve we shall time that I started in February to De- linguistic and cultural enclaves, on roast them in fire, they may feel the cember, there was a complete change turning us into a cultural and lin- punishment. When you meet the unbe- in the way each person who was run- guistic Tower of Babel. It is a focus on lievers, smite them, and when you have ning for that nomination addressed the all of the negative aspects of Western caused a bloodbath among them, bind a issue of immigration. Finally, every civilization and the United States’ ex- bond firmly on them. Take the infidels single person, including the present emplification of Western civilization’s captive and besiege them, and prepare nominee of the party, agreed that we greatest attributes. for them each ambush. They that re- had to secure the borders first. We The colleges and institutions of high- ject faith, take not friends from their must do that. There was no longer am- er education and certainly even our ranks and make them flee in the way biguity in their statements about this. high schools and our K–12 educational of Allah . . . seize them and kill them Our borders have to be secure. system is fraught with this idea of this wherever you find them and take no Now, I hope of course that the rhet- cult of multiculturalism and the atti- friends from their ranks. Fight them oric turns into action. I commend to tude about America and about the until there is no dissension, and reli- my colleagues here who will be return- west. It permeates all of the textual gion is entirely Allah’s. Instill terror ing next year that their task will be materials of most of the professors who into the hearts of the unbelievers. Pre- ahead of them to make sure that that are at these institutions, who always pare for disbelievers chains, yokes, and is what is done. confront the issue of America and the a blazing fire. Cast terror into the So we have done a great many west and western society in the most hearts of those who disbelieve and things. There are still a lot of concerns negative terms, who are always tearing strike off their heads and fingertips.

VerDate Mar 15 2010 12:54 Apr 12, 2011 Jkt 069102 PO 00000 Frm 00157 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22839 This is Islam’s instruction book, and does not even contain nudity, and is casual consumption of alcohol and a the instructions are quite clear. primarily dedicated to Western pop failure of women to wear a veil or So whether we want to admit it or culture and fashion. head-scarf. not, the Western world is locked in a After the incident, it was not the Muslims in the UK recently used a struggle against this form of Islam—a militants, but Erwin Arnada—the mag- loophole in the Federal arbitration law religion whose practitioners and adher- azine’s editor—who was arrested and to make Islamic Sharia Law and the ents are inextricably linked to ter- forced to face charges of violating the decisions of the Sharia court legally rorism. And if we are to successfully country’s indecency laws and faces a binding in civil cases in the United defend ourselves against the desire of long prison sentence. Kingdom. For more than 40 years, Malaysia—a our enemies to impose a caliphate on A recent poll conducted by the Cen- former British colony—has successfully the world, we must first be willing to tre for Social Cohesion in the United balanced its democratic secular form of openly identify them, say who they Kingdom found that some 40 percent of government with the plurality of its are. Muslim students in the United King- citizens’ Muslim roots. Slowly, how- Politically correct politicians in the dom support the introduction of Sharia ever, these roots are ripping up the fab- United States, Europe, and elsewhere law there, and 33 percent support the ric of freedom in this country. are quick to dispute notions that Islam imposition of an Islamic Sharia-based In 2005, the country’s Federal court is inherently violent, and they flatly government worldwide. Another 32 per- system dismissed appeals by four Mus- reject that Islam is engaged in a global cent of the British Muslim youth living lims who were sentenced to 3 years in struggle to dominate the world. But a believe that killing for the religion is jail for wrongfully attempting to con- quick look around the globe tells a dif- acceptable, while 20 percent are unsure. ferent story. vert from Islam. Despite the Malaysian While the most obvious clashes be- constitution’s guarantee to all people Just days after the London subway tween Islam and the West are taking the right to profess and practice one’s attack, Tariq Ali, a prominent British place in the streets of Israel, in the own religion, the court disregarded the Muslim activist, was quick to suggest mountains of Afghanistan, and in the Federal constitution and ceded juris- that London residents ‘‘paid the price’’ deserts of Iraq, Islam’s foot soldiers are diction of the case to a Sharia court. for British support in the Iraqi cam- waging their war against non-Muslims In 2007, over the objections of his paign. in all corners of the world. Hindu wife and family, Emm Another academic, George Hajjar, In Sudan, the conflict between the Moorthy—part of the first Malaysian went even further proclaiming, ‘‘I hope north and the south was basically a team to climb Mount Everest and an every patriotic and Islamic Arab will conflict between Arab Muslims and army commando—was declared a Mus- participate in this war and will shift southern black Christians. lim after his death and buried as one. the war not only to America but to . . . A visiting teacher from Denmark was In another case, local authorities re- wherever America may be.’’ He added, jailed for insulting Islam after she let fused to recognize the conversion of a ‘‘There are no innocent people,’’ and her class name a teddy bear ‘‘Moham- Muslim woman to become a Catholic. referred to the victims of the attack as mad.’’ In addition, the local registrar refused ‘‘collateral casualties.’’ In Thailand, a nation of more than 60 her application for marriage to a In the Netherlands, the number of million that is more than 95 percent Catholic man because Islam prohibits Muslims has grown from just 54 in 1909 Buddhist—a nation that is known Muslims from marrying non-Muslims. to almost 1 million in 2004. These worldwide for its friendly people and Courageously, she filed suit, optimistic changes have not come without costs. enduring spirit of hospitality—some that the Malaysian constitution’s pro- 2002, Pim Fortoon, a politician who 3,000 Thais have been killed in brutal visions for equal protection and free- expressed concern about the rapid in- uprisings by Muslims who are deter- dom would win the day. Unfortunately, flux of Muslim immigration, was shot mined to replace Thailand’s demo- amid Islamist protestors’ shouts of six times in the head as he walked to cratic kingdom with an Islamic State. ‘‘Allah-o-Akbar’’ inside the courtroom, his car. During his court appearance, Last week, Islamic militants in the a judge dismissed her application find- the killer told the judge in killing southern Thai town of Pattani shot a ing that ‘‘ethnic Malays’’ are constitu- Fortoon he ‘‘acted on behalf of the state official some 30 times with a ma- tionally defined as ‘‘Muslims,’’ making country’s Muslims.’’ chine gun as he arrived to visit a conversion from Islam and her mar- 2004. Theo Van Gogh, Dutch school. After the attack, the gunman riage to a Catholic man illegal. filmmaker who had the temerity to dragged his body out of the truck and The judge went on to say that he make a movie critical of Islam’s treat- chopped off his head in front of the hor- could not allow her to change her reli- ment of women, was shot and killed by rified students and teachers. gion because granting her such an ex- In the Philippines—a former U.S. ter- emption would encourage future con- a 26-year old Dutch born Muslim in ritory known more for its food and ca- verts. broad daylight in a busy Amsterdam thedrals than for Islamic extremism— That’s part of the world that we sel- street. After shooting Van Gogh, the the government has also been strug- dom hear about but where actions like jihadist pinned a note to his body gling with Islamic militants seeking to this are everyday occurrences. These threatening the co-author of the script. overthrow the democratic system and developments in Asia and Africa are Then he began the task of decapitating ‘‘return’’ the country to its ‘‘pre-Chris- problematic, but the wave of Islam is Mr. Van Gogh’s lifeless body. tian ’Moor’ national identity.’’ also washing over Europe’s shores. Another Dutch politician who has This insurgency has gone on for dec- While Islamists work to eliminate raised concerns about the danger of Is- ades and claimed more than 120,000 legal protections for free speech and lam’s rise in Holland, Geert Wilders, lives. Over the last few years, Filipino free association in Asia and Africa in has received numerous death threats soldiers, priests, other Christians, and order to replace pluralism with Islam, and is forced to travel with 24-hour day non-Muslims have been routinely cap- they are using these freedoms and the security. According to Mr. Wilders, the tured and beheaded. legal system in Europe in order to de- Dutch government has completely In Indonesia—which is struggling to termine democratic institutions and capitulated to Islamists in the wake of maintain a democratic system amid replace them with Sharia Law, under- these politically motivated murders. calls for the imposition of Sharia law— mining democratic institutions. He recently told the Hudson Insti- dozens of demonstrators recently at- Sharia Law calls for brutal punish- tute, ‘‘We have gone from calls by one tacked the local ‘‘Playboy’’ magazine ment, such as the stoning of women cabinet members to turn Muslim holi- office, injuring police officers and dam- who are accused of adultery or having days into official state holidays to aging property. Keep in mind that the children out of wedlock, cutting off the statements by another cabinet member Indonesian version of the magazine hands of petty thieves, lashings for the that Islam is part of Dutch culture,’’ to

VerDate Mar 15 2010 12:54 Apr 12, 2011 Jkt 069102 PO 00000 Frm 00158 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22840 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 an affirmation by the Christian Demo- bombings justified? Twenty-six percent America for the teaching of 7th grade crat Attorney General that he is will- said that they were always justified. history, the term ‘‘jihad’’ is defined as ing to accept Sharia Law in the Neth- Another 15 percent said they were ‘‘to do one’s best to resist temptation erlands. And there is another majority. often justified. and overcome evil.’’ Another potential threat, settlement We now have cabinet members who b 2115 pass with passports from Morocco and poses to the United States is made Turkey. More alarming still, one half worse by the fact of the sheer volume In 2002, the new guidelines for teach- of Dutch Muslims say they understand of both legal and illegal immigration ing history in the New Jersey public the 9/11 attacks. into our country. Combine that with schools failed to mention America’s Before I go on, going back to the the rise of culture relativism, political Founding Fathers, the Pilgrims, or the United Kingdom for a moment. The correctness, and the lefts’ obsession Mayflower. After this became public, largest mosque in the world is being with diversity, and you have a recipe New Jersey changed the guidelines. In a Prentice Hall history textbook built outside London. Recently Arch- for disaster as immigrants are pre- used by students in Palm Beach Coun- bishop of Canterbury said they should vented from assimilating and separate ty high schools, titled ‘‘A World Con- have two tracks, a two-track system in ethnic cultural communities spring up flict,’’ the first five pages of the World England: one Sharia Law and one tra- all over the United States. War II chapter cover such topics as dis- ditional English law. Mohammed is We are again confronted with this crimination against women in the now the most popular name in England situation, and we are made less able to Armed Forces, racial segregation dur- for a child. deal with it because of this, the polit- ing the war, and internment of Japa- France is also gripped by the crisis. ical correctness that—and this multi- nese Americans, far fewer than are Muslim rioting gripped the country for cultural society that we are creating dedicated to the 292,000 Americans who weeks last year resulting in death and here. It makes us weaker as a society died in the conflict, fighting against unprecedented destruction of private to deal with this. totalitarianism and genocide. property. There are hundreds of areas We are told constantly, as I said ear- lier, about the deficiencies of the West A Washington State teacher sub- inside Paris and inside and around stituted the word ‘‘winter’’ for the Paris where police do not go. They are and that we are not really a country at all, that the United States isn’t just a word ‘‘Christmas’’ in a carol to be sung entirely Muslim areas, and the police at a school program so as not to appear are essentially afraid to go in there. Nation of sovereign people, it is just a place on the planet. Just a place on the to be favoring one faith over another. The PEW Research Center reported In a school district in New Mexico, that more than half of all French Mus- continent. It’s called America, and if you live the introduction to a textbook called lims loyal to Islam is greater than here, you’re an American. There are no ‘‘500 Years of Chicano History in Pic- their loyalty to France, and one in other ties that should bind us, cer- tures’’ states that it was written ‘‘in three do not object to suicide attacks. tainly not a linguistic tie, certainly response to the Bicentennial celebra- The demographics, of course, are sig- not the English language. That’s what tion of the 1776 American Revolution nificant, and that is what is causing a they say. I say it is the imperative tie and its lies.’’ Its stated purpose was to significant change in the entire atti- that must bind us. It is the glue that ‘‘celebrate our resistance to being colo- tude of Western Europe about such holds our society together. It is the nized and absorbed by racist empire things as Islam and the changing of thing that allows us to communicate builders.’’ The chapter headings in- Western laws. with each other. And it is imperative clude ‘‘Death to the Invader,’’ ‘‘U.S. That is the point of this, that all of that we have something because we Conquest and Betrayal,’’ ‘‘We Are Now this comes with a cost. There is a chal- have so many things in this country a U.S. Colony,’’ ‘‘In Occupied Amer- lenge to western civilization. We have that pull us apart, it is imperative that ica,’’ and ‘‘They Stole Our Land.’’ This a system that was established by the we have something, anything, that is a textbook in a New Mexico school concept of the rule of law and many pulls us together. Language is that one district. other things that unite us as a Nation thing. Nicholas DeGenova, an assistant pro- in the past and united the West in the Our people come from everywhere fessor of anthropology at Columbia past are being threatened and de- around the world from every different University, told students that he want- stroyed. kind of culture, religion, color, histor- ed to see ‘‘a million Mogadishus’’—a Before liberals in America roll out ical background, and language. We reference to an operation in Somalia in the Islamic welcome mat any farther, have—something when they come here 1993 in which elite U.S. Army personnel they ought to look closely at Europe. has got to begin the process of assimi- were pinned down in a fierce firefight. As I noted, many Muslims in Europe lation because immigration without as- Eighteen Americans were killed and 84 openly expressed a desire to replace similation is creating a phenomena wounded. DeGenova added that, ‘‘The secular democracies there with Islamic that is like putting a gun to our heads. only true heroes are those who find caliphates. Hardly surprising when you Examples of this kind of political ways to help defeat the U.S. military.’’ have an immigration policy that allows correctness go on and on. Los Angeles Administrators at Columbia University for the importation of millions of rad- Roosevelt High School. An 11th grade expressed regret, saying they were ‘‘ap- ical Muslims, you are also importing teacher told a nationally syndicated palled by the statements,’’ but took no the radical ideology, an ideology that radio program that she hates the text- action to dismiss DeGenova, who is is fundamentally hostile to the founda- books that she’s been told to use and still teaching. Teaching, by the way, is tions of Western democracy, such as the State-mandated history curriculum a liberal way to interpret his activity. gender equity, pluralism, and indi- because they ignore students of Mexi- At Royal Oak Intermediate School in vidual liberty. can ancestry. Because the students Covina, California, students in Len These lessons are unfolding in plain don’t see themselves in the curriculum, Cesene’s seventh grade history class sight across the Atlantic in Europe, the teacher has chosen to ‘‘modify the fasted last week—this was some time but what many Americans don’t realize curriculum’’ by replacing it with ac- ago, last week was the quote from the is that these same problems are begin- tivities like mural walks intended to article—last week to celebrate the ning to manifest themselves here in open the students’ eyes to their indige- Muslim holy month of Ramadan. His the United States in parts of Michigan, nous culture. letter to parents explained that ‘‘in an New York, and Virginia. Yes, yet A friend of the teacher invited to attempt to promote a greater under- America’s political leaders remain help with the mural walk went on to standing and empathy towards the asleep at the switch. tell the students, ‘‘Your education has Muslim religion and toward other cul- The PEW Research Center, for exam- been one big lie after another.’’ tures, I am encouraging students to ple, asked American Muslims between In a textbook called, ‘‘Across the participate in an extra credit assign- the ages of 18 and 29, When are suicide Centuries,’’ which is used widely across ment. Students may choose to fast for

VerDate Mar 15 2010 12:50 Apr 12, 2011 Jkt 069102 PO 00000 Frm 00159 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22841 one, two, or three days. During this lims . . . who are simply here to inte- to their hearts, steadfastness in their time, students may only drink water grate and become part of democracy faith. during daylight hours.’’ and freedom and adopt these values. ‘‘They will need Thy blessings. Their A Federal judge in Brooklyn inter- Rather, what we hope to do is to en- road will be long and hard. For the preted New York City policy on holi- gage with the . . . society to . . . one enemy is strong. He may hurl back our day displays in public schools allow for day implement the Sharia over man- forces. Success may not come with the display of the Jewish Menorah and made law and sharia over . . . Wash- rushing speed, but we shall return the Muslim Crescent—but not the dis- ington, D.C.’’ again and again; and we know that by play of a Christian Nativity scene. The A Muslim man recently told CNN’s Thy grace, and by the righteousness of judge based his decision on the notion Anderson Cooper, ‘‘We are bound by our cause, our sons will triumph. that the Muslim Crescent and Jewish the rules of Islam. If a woman runs ‘‘They will be sore tried, by night and Menorah are ‘‘secular’’ symbols, while away, she must be killed.’’ by day, without rest-until the victory the Christian Nativity scene is not, and Our essentially ‘‘open door’’ policy of is won. The darkness will be rent by the list goes on and on. unlimited legal and illegal immigra- noise and flame. Men’s souls will be Certainly, many people have heard tion may seem like a harmless mani- shaken with the violences of war. about the professor from the Univer- festation of our national tradition of ‘‘For these men are lately drawn sity of Colorado who claimed that all welcoming newcomers with open arms, from the ways of peace. They fight not the people that were killed in the Twin but it is an invitation to our destruc- for the lust of consequence. They fight Towers deserved to be killed; they were tion. to end conquest. They fight to liberate. little Eichmanns. Again, it goes on and For example, the American left’s They fight to let justice arise, and tol- on. dogmatic adherence to the idea of ‘‘di- erance and goodwill among all Thy And individually, these kinds of inci- versity’’ and their tendency to elevate people. They yearn but for the end of dents may seem regrettable and harm- it above all other values also led them battle, for their return to the haven of less. They are just examples of Ameri- to establish the visa lottery, or ‘‘Diver- home. cans’ tolerance for diversity and sity Visa’’ program in 1990. Hundreds of ‘‘Some will never return. Embrace multiculturalism. Collectively, they thousands of people have come with these, Father, and receive them, Thy will subject our Nation to death by a these kinds of programs throughout heroic servants, into Thy kingdom. ‘‘And for us at home—fathers, moth- thousand cuts. the United States, and we do this at Islamic leaders have seen the inabil- ers, children, wives, sisters, and broth- our peril. ity of our government institutions to ers of brave men overseas—whose We were a Nation that was identifi- maintain cultural cohesion, and de- thoughts and prayers are ever with able. It was identifiable by the kind of spite the mainstream media’s attempt them—help us, Almighty God, to re- language that we spoke, the religion to report it because of political cor- dedicate ourselves in renewed faith in that we observed. Just an example of rectness, they are no longer shy about Thee in this hour of great sacrifice. expressing their own intentions. what we were at one time and what we ‘‘Many people have urged that I call According to the Manifesto of the must think about as what held us to- the Nation into a single day of special Muslim Brotherhood in America, ‘‘Our gether, the ideas, the attitude, yes, the prayer. But because the road is long work in America is a kind of grand religion, yes, the language. They were and the desire is great, I ask that our jihad in eliminating and destroying the something that at one point in time people devote themselves in a continu- Western civilization from within.’’ held us together as a Nation. ance of prayer. As we rise to each new The Trinity Church case in 1892 said, According to Professor Hatem Bazian day, and again when each day is spent, ‘‘If we pass beyond these matters to a of the University of California at let words of prayer be on our lips, in- view of American life, as expressed by Berkeley, ‘‘It’s about time that we voking Thy help to our efforts. have an intifada in this country, that its law, its business, its customs, and ‘‘Give us strength, too—strength in changes, fundamentally the political its society, we find everywhere a clear our daily tasks, to redouble the con- dynamics here.’’ recognition of the same truth . . . this tributions we make in the physical and Yousef Khattab, of the U.S.-based Is- is a Christian Nation.’’ Justice Brewer. the material support of our Armed lamic Thinkers Society, recently said ‘‘We are a Christian people, according Forces. in an interview that ‘‘Islam will domi- to one another the equal right of reli- ‘‘And let our hearts be stout, to wait nate, that’s what it will be. We want to gious freedom and acknowledging with out the long travail, to bear sorrow see Sharia Law here, and it will be. The reverence the duty of obedience to the that may come, to impart our courage flag of Islam will be, God willing, on will of God,’’ Justice Sutherland, 1931, unto our sons wheresoever they may the White House, if that’s where we the Macintosh case. be. choose it to be.’’ 1983, ‘‘To invoke divine guidance on a ‘‘And, O Lord, give us Faith. Give us According to a co-founder of the public body entrusted with making the Faith in Thee; Faith in our sons; Faith Council on American Islamic Relation, laws is not . . . a violation of the Es- in each other; Faith in our united cru- CAIR, Abdul Rahman Alamoudi, ‘‘We tablishment Clause; it is simply a tol- sade. Let not the keenness of our spirit Muslims have a chance, in America, to erable acknowledgment of beliefs wide- ever be dulled. Let not the impacts of be the moral leadership in America. ly held among the people of this coun- temporary events, of temporal matters The problem is when? It will happen, I try.’’ of but fleeting moment let not these have no doubt in my mind. It depends And then, of course, later decisions deter us in our unconquerable purpose. on me and you, either we do it now or began to erode that concept of reli- ‘‘With Thy blessing, we shall prevail we do it after a hundred years, but this gious similarity in this country. over the unholy forces of our enemy. country will become a Muslim coun- Who we were, this is something that Help us to conquer the apostles of try.’’ I want to read and will tell you at the greed and racial arrogancies. Lead us The head of another Muslim group, end who wrote this; although, probably to the saving of our country, and with Coordinating Council of Muslim Orga- the content of it will let us know. It our sister Nations into a world unity nizations, Imam Johari Abdul Malik, was written on June 6, 1944. that will spell a sure peace, a peace in- told a crowd, ‘‘Before Allah closes our ‘‘Almighty God: Our sons, pride of vulnerable to the schemings of unwor- eyes for the last time you will see our Nation, this day have set upon a thy men. And a peace that will let all Islam move from being the second larg- mighty endeavor, a struggle to pre- of men live in freedom, reaping the just est religion in America—that’s where serve our republic, our religion, and rewards of their honest toil. we are now—to the first religion in our civilization, and to set free a suf- ‘‘Thy will be done, Almighty God. America.’’ fering humanity. ‘‘Amen.’’ Muslim ‘‘activist’’ Abu Waleed told a ‘‘Lead them straight and true; give That, of course, was the prayer of crowd of reporters, ‘‘We are not Mus- them strength to their arms, stoutness Franklin Delano Roosevelt as our men

VerDate Mar 15 2010 12:50 Apr 12, 2011 Jkt 069102 PO 00000 Frm 00160 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22842 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 embarked upon D Day. This prayer, I was the makeup of the market and the when we are pushed to make a decision wonder if it could be said today by the Fed and the Treasury that may have at the end of the day, at the end of the leader of this country. I wonder if the helped to facilitate the problems that week, at the end of a session when a President of the United States would we face today. crisis is looming over our heads, we are have the courage to start off a prayer b 2130 sometimes pushed in the wrong direc- asking for the Lord to help protect our tion. religion, our civilization, our Republic, And, finally, what are some of the so- And I would also ask the American and to set free a suffering humanity. lutions that are potentially out there citizen to consider this; you know, the Would we add the words ‘‘our civiliza- that can move us from where we are overwhelming calls to our offices I tion,’’ ‘‘our religion’’? Could we? Do today to a more stronger and safe econ- think across the board, across both they mean anything? What do they de- omy? Democrats and Republicans as well, scribe today to anyone? Or are we too I’ll just start for a moment, before I would say that they have been opposed afraid to mention this for fear that it yield to some of my colleagues who to spending $700 billion of the Amer- will be perceived by someone as nar- have joined me, to suggest to the ican taxpayers’ dollars to bail out, if row-minded? American public that tonight they you will, Wall Street. I would just ad- And so, therefore, we do not discuss should be concerned, not just about vise the American public, as a plan fi- who we are or at least who we were. what is occurring on Wall Street, but nally does come through the process But just as dangerous an event as D what is occurring right here in Wash- and is passed through this House and Day was and just as much as we needed ington, D.C. as well. the Senate, I would advise them to prayer to protect the men who were With regard to the situation on Wall look over it very, very carefully when going across that channel, we find our- Street, although as difficult as it may they are told that this is not the same selves in a world that’s equally dan- be, I have, deep down inside of me, the Paulson proposal, that the American gerous. We find ourselves daily facing utmost faith in the American people taxpayer is not going to be on the events that challenge us in so many and the American worker and the hook. I don’t know what that proposal ways and are as dangerous and as America businessman that, when faced will be—as negotiations are going on threatening to our very existence as with this challenge, that they will be literally as we speak—but look at it was the threat posed by Nazi Germany able to overcome it and to strive and very carefully to see that the prover- and the Empire of Japan. make a stronger economy tomorrow bial wool is not being pulled over all of They come from a different source, that will be beneficial for our farmers, our eyes, and that we ultimately, and those threats. They are not identifiable for our families, for our manufacturers, our future generations, our children as a single nation. It makes it harder for our economy throughout the United and our grandchildren, will be held re- for us to deal with it. But we as a coun- States. sponsible for paying the debt. I hope try must do so. And yes, there may be some need, as that’s not the case. And this is my parting thought for we will discuss, for the intervention by I remain optimistic that we can work this Congress, for this Nation. Pray for Washington, but the reason why I say out a solution. And the House Repub- the same thing that Franklin Delano that the American citizen should be licans have actually proposed such a Roosevelt prayed for: strength, courage concerned tonight—not so much about solution that would not put the Amer- to defeat an enemy that has every in- Wall Street, but about Washington—is ican taxpayer on the hook. And we are tention of defeating us and destroying what may come out in the form of leg- willing to work with our Democrat col- Western civilization. Do not walk islation tonight—or in the next day or leagues across the aisle to make any quietly into the night of a dark age. the day after that. Because, you see, changes or additions or alterations to Know who we are. Know who the we are being asked to sort of rush that so that it can be palatable to all enemy is. Hold up this Nation’s flag. through this process, where as nor- parties in both Houses to get through Take back our country. mally we would come to this body and the process, but let’s see how the final maybe spend hours upon hours debat- f end result is. ing whether we should spend a million And with that, I yield as much time VACATING 5-MINUTE SPECIAL dollars on this bridge over in this State as he may consume to the gentleman ORDER or a million dollars in this program in from Texas (Mr. GOHMERT). The SPEAKER pro tempore. Without that State. Mr. GOHMERT. I appreciate my objection, the 5-minute Special Order And we will go through committee friend, Mr. GARRETT’s, comments. I of the gentleman from New Jersey (Mr. hearings and markups and subcommit- heard him earlier tonight on Fox Busi- GARRETT) is vacated. tees and the like and then finally get ness News. That’s the first I had seen There was no objection. to the floor of the House and pass it that channel, and it was quite good. f here. And then it will go over to the Perhaps if they had been on the air Senate, and it will go through the same longer, maybe we wouldn’t be in this CURRENT FINANCIAL SITUATION arduous process of subcommittees and problem, people would be watching OF THE UNITED STATES full committees and markups, and then that. The SPEAKER pro tempore. Under to the Senate floor, where they will But I heard one lady comment that the Speaker’s announced policy of Jan- have debate on it infinitum. And there is an adage that ‘‘Europe was uary 18, 2007, the gentleman from New maybe even then we’ll go to conference formed by history and the United Jersey (Mr. GARRETT) is recognized for committee and come back here to the States was formed by philosophy.’’ And 60 minutes. House where we will have to discuss there really is something to that. We Mr. GARRETT of New Jersey. Mr. the issue all over again. And that may were founded on the basis of people Speaker, we come to the floor tonight be only for a matter of only a million coming together. And of course at the to speak about an issue that has dollars or two. Constitutional Convention they eclipsed all other issues, that has been But what we are talking about here couldn’t come up with a constitution, in the media and on the public’s minds is potentially spending $700 billion, and the Articles of Confederation had all of recent date, and that, of course, is we’re being asked to basically decide fallen apart, no common currency, it the financial situation that the United that issue in a matter of hours. Mind just didn’t work, too loose of a web. States currently finds itself in. you, we may, hopefully—as the opti- And so they came together 4 years As we go through this evening, we mist as I always am—get just the right later, 1787, in the Constitutional Con- will talk about deals or no deals, the answer. But the reason I say the Amer- vention, and for merely 5 weeks underlying fundamental problems that ican citizen should be warned is that couldn’t agree on anything. And that’s the situation has brought us to this history does not indicate that. And when the very elderly Benjamin Frank- point, who and how we got here, what many times, in the rush to judgment, lin gave his speech, that during the war

VerDate Mar 15 2010 12:50 Apr 12, 2011 Jkt 069102 PO 00000 Frm 00161 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22843 in the early days, they never let a day But anyway, as I heard the gen- month, and I’d like to negotiate a bet- go by without prayer, and they saw tleman say earlier, if the majority, if ter deal. And they were told, well, heck prayer answered. And so he made the the Speaker wants to pass a bill, she no, you keep making your payments. I motion that they begin each day with sure doesn’t need us. And I heard mean, I did outside counsel work for prayer, and that began. And now, all of Madam Speaker say just earlier today the RTC and FDIC. You would have a sudden we’re able to come together on the news that it was very unpatri- some people come in later and say, with all these different philosophers otic for the Republicans not rushing in okay, you wouldn’t work with me be- through the ages and come up with sooner to be part of this $700 billion fore when I was making my payment what was the Constitution. Amazing. bailout discussion. And that was really every month, now I haven’t paid for 6 But they had seen the New Testa- striking because they didn’t ask for months and they say, okay, now we’ll ment practice early in the church, our input when they ran in here and work with you. We’re sending the when they had everybody bring every- crammed down a non-energy energy wrong message. And it is so critical thing into a common storehouse and bill that didn’t allow any amendments. that we not come out of this Chamber gave out equally. And that eventually They didn’t need our votes. They were with a bill that hurts the America that results, as it always has to, when peo- going to cram it down the Nation’s we know and love so much. ple see someone else is not working as throat and tell them we gave them en- There have to be consequences. And hard as they are and they’re getting an ergy when there was not a drop of en- it troubles me much that the adminis- equal share, then they quit working ergy ever going to come from it. And tration, the Secretary Treasurer has and everything falls part. That led to then shortly thereafter the majority been forecasting this gloom and doom; the Apostle Paul coming around and leader said, oh, one of the first orders ‘‘there’s going to be widespread panic.’’ saying, If you don’t work, you don’t of business, we’ll put the moratorium ‘‘If Washington Mutual goes down it eat. At Jamestown, we saw where the back. So they don’t need us, really, to will be a domino and we will not stop pilgrims tried the same thing. And the depression.’’ Normally, it’s the ad- then we saw in the Soviet Union—and pass a bill. And another thing that I haven’t ministration saying, nobody panic, you’ve got to give it to the Soviet heard talked about in these mortgage- we’re going to get through this, this Union, they made it 70 years under based securities is actually who those will all be okay, just stay with us, let’s that premise, that you could bring ev- have faith in each other. And instead, erything into a common storehouse are. Now, at one end—and people don’t want to talk about this—but at one end all we’re hearing is ‘‘you’ve got to do and give out equally, and they made it something immediately or it’s all 70 years. That’s got to be a record for you’ve got people who thought if they could run in, get a no-money-down going to fall apart.’’ that. Well, it seems like, if you allow me mortgage on a house that was a lot But here, they’re wanting to take to borrow from Kipling’s poem and par- more than they could afford—when it this government in the biggest social- aphrase a little bit, if you can keep was $1 million or $2 million or half a ist step in the history of the western your head while all those about you are hemisphere, $700 billion; and we’re sup- million—more than they could afford losing theirs, you’re probably the rea- posed to be comforted because our gov- and they could hold it for a year, they son they’re losing theirs. And that’s ernment may be able to make a profit could turn it, double their money, they what we seem to be seeing around here. on the taxpayers’ money. The trouble never had to make a payment, and I appreciate the time and Mr. GAR- is, government never makes the kind of wow, they just doubled the value of the RETT yielding. And I will yield back. profit that individuals could, and the home and then came away with all this Mr. GARRETT of New Jersey. I government is not supposed to be in cash. When the house didn’t double, thank the gentleman. And hopefully, the business of making a profit. That is then they had been in the house for a Members on both sides of the aisle will free enterprise. That’s what we were year and hadn’t made a payment, be keeping their heads as we go founded on. didn’t pay anything down—as the say- through the debate and the seeking of And, you know, I heard this quote ing goes, ‘‘no skin in the game’’—and a deal on this, and a deal that, at the years ago, I don’t remember who said now we’re supposed to bail them out? end of the day, is a benefit to the tax- it, if they were quoting someone else, That’s at one end. payers of this country. but especially since I’ve been in Con- In the middle, we have people who While we try to seek out that debate gress I’ve found it to be true. And it were really legitimately hurt, and not and try to seek out the solution, one may very well be true in this situation, so much of their own accord. They axiom that we should probably go by is it sure seems to be, because we’ve got knew what kind of house they wanted ‘‘Do not go back to the same people people on Wall Street who are scream- to look at. They were talked into, by who brought you this problem in the ing, you have got to come in with this bankers or realtors that shouldn’t first place.’’ And I will speak on that in infusion of $700 billion of taxpayer have, into buying more than they could a little more detail to take a look at money to bail out the banks. What is afford. They got a mortgage that they who it was actually that brought us to that going to do? As I understand it, really couldn’t afford, thinking the this problem. I know some people are it’s going to buy mortgage-based secu- house would greatly be enhanced in pointing their fingers exclusively at rities—at a rate above where they may value and they would come out ahead. Wall Street on this, and clearly they even be marked down to—and save And they’re truly suffering, and my have some blame to lay there because, those people that have stock in that heart goes out to them. for various reasons, executives and oth- bank, the officers that got them in Then the other thing—and I haven’t erwise made truly imprudent decision that trouble, and that will keep their heard anybody talk about it on the making, maybe it’s in part because stock from being worthless. And the floor here—but as it turns out, there they really did not have the informa- quote that I was alluding to is this, are apparently a lot of illegal aliens tion on hand, maybe it’s because of ‘‘Hell hath no fury like a vested inter- who got mortgages. Because I know I lawsuits in the pasts when analysts est masquerading as a moral prin- had seen Bank of America advertising were pushed out of the Wall Street, out ciple.’’ And boy, have we been hearing that they wanted to help the aliens, of the cell side of the equation, or that. ‘‘You can’t let the country fall.’’ and under certain circumstances, gosh, maybe it’s because with all the Ph.D.s ‘‘You can’t let this panic ensue.’’ We we can get you a mortgage. So we’re and what have you brought in and were told Friday, a week ago, 8 days going to bail out mortgages for illegal brought in all the new modeling on ago, if we didn’t have a deal by Mon- aliens. Wall Street and what have you, that day, then the banks were going to start Let me tell you, back in the eighties, made it almost impossible for the CEOs falling and it would be a domino and when the FDIC and RTC had taken of these investment firms and other- we would never get it back. It didn’t over so many banks, what we saw was wise to really know what it was ex- happen. Some of us wanted to be more people come in and say, you know, I’ve actly that they were buying down cautious. been making my payment every below.

VerDate Mar 15 2010 12:50 Apr 12, 2011 Jkt 069102 PO 00000 Frm 00162 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.005 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22844 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 Whatever the excuse, whatever the year in 2008, the credit crisis claimed Dream, to what we hold dear, unless reason, there is some blame to be laid the first big Wall Street victim. Treas- you’re a fat cat that is rolling the dice at Wall Street, to be clear, but we also ury Secretary Hank Paulson said, we with taxpayers’ money. Then who have to look to see where some of that had to bail out this bleeding financial cares? blame lays here in Washington, D.C. giant at the cost to the taxpayers of $29 American taxpayers are chumps here And that’s why I said, do not return to billion. Even for Washington that is a in this equation because American tax- those who brought us here. lot of money. Secretary Paulson said payers are being asked to clean up a And if you want to look to a place that would stabilize the markets. But mess that the American taxpayer where you can get a little bit of infor- it didn’t. didn’t create. Congress must not rush mation about how we got here, as we’re Next, Treasury Paulson said that we to judgment on this matter. We can’t all done here listening to this program had to bail out mortgage giants Fannie do that. It’s a complicated issue. That right now, our speakers here on the Mae and Freddie Mac. All roads in this is true. This isn’t easy for any of us to floor, I went to a place earlier today— big fat mess go through Fannie Mae sort out. All Members of Congress, I or somebody sent this to me as an e- and Freddie Mac. It is a monster of think, are going through a crash course mail, and it was an e-mail for a ugly proportions created by the gov- in a Ph.D. in high finance all within YouTube site, and it’s called ‘‘Burning ernment. That should be our first les- less than 1 week’s time. And the con- Down the House.’’ And it’s a 91⁄2 minute son. Government should never create a sequences could threaten generations YouTube presentation done with music private business. But it created this with lack of prosperity. and what have you that gives you a private monstrosity and then decided We can’t just stick a $1 trillion Band- nutshell explanation of exactly how did it would back up with a wink and a nod aid on that problem. We don’t have we get to where we are in the first any risky, hare-brained loan or mort- that kind of money in our back pocket, place. gage-backed security that Fannie and because after all, when Uncle Sam opens his cash box this week, there are b 2145 Freddie came up with. The starting price of that bailout was no greenbacks in there. There are only So I recommend people to go to $200 billion and climbing. And that is feathers flying out that cash box. YouTube’s ‘‘Burning Down the House’’ on top of $300 billion that was passed We have to examine the root causes of this problem. And we have to seek to and they will be educated on it. by Congress only a month or so earlier address the core issues. It’s real simple. But right now we’re going to be addi- in another massive housing bailout Government got involved where it tionally educated by the young lady bill. We were told then that this would shouldn’t get involved. We spent more from Minnesota. surely calm the markets. But it didn’t. I yield such time as she may consume Treasury Secretary Paulson and Fed- money than what we had. It’s not too tough to figure out. Otherwise it’s only to Mrs. BACHMANN. eral Reserve Chair Ben Bernanke then a matter of time before we find our- Mrs. BACHMANN. I want to thank siphoned $85 billion from taxpayer cof- selves right back where we were. the gentleman from New Jersey for his fers to save another private company leadership on this issue, which is per- The recklessness of government is known as AIG from bankruptcy, and the primary culprit here. Once again, haps the most important vote that again with the stated purpose of stabi- Members will take during their entire just like on energy, it is Congress that lizing the markets. Did it do the trick created this problem. For years Con- congressional career. I know for me, this time? No. Things appear only to this is my first term in Congress. This gress has been pushing banks to make have gotten worse. risky subprime loans. You heard me is the pivotal vote that I will be tak- More than $600 billion into these right. It wasn’t the lenders on their ing. And my heart has been breaking. I market-calming bailouts, the market own. Congress passed laws that said have been despairing over this vote turmoil has only ramped up. And it’s we’re going to fine you and we’re going that is coming before us not because I continuing. In fact, it has now grown to file lawsuits against you lenders if am afraid to take the vote but because to such an incredible crescendo that you don’t make risky loans. And using I am despairing over what could be the here we are tonight, and the Treasury the authority of the Community Rein- outcome because I grieve over the fact Secretary and the Federal Reserve vestment Act, the big push for that we may reject, for the first time Chair has told Congress, in no uncer- subprime mortgages began in earnest in the history of our country, in a tain terms by the way, that we must during the Clinton administration. Re- wholesale manner, free markets, free spend another $700 billion in taxpayer publicans aren’t completely lily-white answers and free capitalism. funds. We are told we must do this here with hands. The Clinton adminis- And what that means is freedom. And now, without delay, without delibera- tration however ramped this up. And there is nothing more important in tion, as Congressman GARRETT has banks that didn’t play ball were sub- this country than freedom. It’s why a said, without answers to most of our jected to serious fines and lawsuits, mom would put her 5-year-old in an questions. and regulatory obstacles were placed in inner tube in Havana and brave the This would bring the bailout tally to their way. shark-infested waters for 90 miles to well over $1 trillion, now that is real Expanding access to the American get to Florida so that she could see her money, even for Washington, approach- Dream is a worthy goal. We all agree son enjoy something she never knew. ing half the size of America’s entire with that. But by blindly pursuing that And that is a concept called ‘‘free- budget. goal and allowing the end to justify dom.’’ In other words, every American who means, we put millions of Americans And what does that have to do with has played it safe and has played it today at financial risk. Although we the bailout? It has everything to do smart to avoid being in debt is now question what that risk might be. with the bailout because what this being asked to spend the rest of his or Because many of these home loans bailout represents is the wholesale leap her life paying off the debts of Wash- are backed by mammoth government- downward towards socialism, towards ington and the debts of some mis- sponsored enterprises, Fannie Mae and saying that we can never have failure creants on Wall Street. We are well on the Freddie Mac, kind of like your again. Nobody can ever have a bad day. our way to privatizing profit but so- weird uncle and weird aunt, Wall Congress has to jump in and make it cializing risk. And we are well on our Street was more than happy to trade right every time, because government way to eliminating moral hazard from on these egregious loans. The assump- has to take up risk and back up economics altogether. This is antithet- tion, which was proven right, was that everybody’s risk. ical not only to the free-market basis Uncle Sam would guarantee them. I wrote something earlier this week of the United States economy, but also Fannie and Freddie quickly grew too that I would like to share in the course to the rich heritage of liberty, that is big. And all calls to regulate them, of my remarks this evening. When Bear called freedom, that we’ve long en- made even in fact by this administra- Stearns hit bottom in March of this joyed. It runs counter to the American tion, more closely to reform their

VerDate Mar 15 2010 12:50 Apr 12, 2011 Jkt 069102 PO 00000 Frm 00163 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.006 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22845 structures were ignored, ignored I Mr. GARRETT of New Jersey. I would be a lot more beneficial before would say by the current Chair of the thank the gentlelady for your com- we start spending $700 billion, or for House Financial Services Committee of ments. And your opening comments that matter even $100 billion. Because which I’m privileged to serve on. were quite instructive. we may see a so-called ‘‘compromise’’ In fact, leaders in Congress such as You say we have a problem today. piece of legislation come out that says, Representative BARNEY FRANK, chair- That we all agree on. But we should American taxpayer, don’t worry. We’re man of the House Financial Services not be moving forward expeditiously not going to spend $700 billion to bail Committee, resisted reforming Fannie without all the evidence before us so out Wall Street. We are only going to and Freddie at every turn. When we can make the right decision. It was spend $100 billion. And now you should former Treasury Secretary John Snow just the other day that during the thank Washington for only spending pleaded before Chairman FRANK before course of this week I was in contact $100 billion. So come on board with his committee for Fannie and Freddie with a notable economist who made that. Some of us still have a problem reform, the chairman responded, that point to me as well, that we with spending $100 billion on a problem ‘‘Fannie Mae and Freddie Mac are not should have all the data before us so that is part Wall Street’s but also part in a crisis. I think we see entities that that we can make a correct determina- Washington’s. are fundamentally sound financially.’’ tion as to what is the right reform in If it were ever to again regain credi- O, that BARNEY FRANK were right. But Washington to address the problem on bility with the American people, Con- Treasury Secretary Snow was right. Wall Street. And he referred me to gress really has to address a funda- And millions of homes and a moun- some data. And the data is not mine. It mental problem and a fundamental tain of wealth were built on a founda- is not his. It is published data from the question, and that is to answer to the tion of sand. And when the housing Federal Reserve. I will just spend 30 American public how come it was that bubble burst, it all began to collapse. seconds on it to put it in perspective. for so many years, when the evidence, And suddenly, the homeowners who We do know we have a problem. If you true evidence, data evidence, coming took out loans that they couldn’t af- talk to most people on Wall Street, into Congress was showing us that this ford had homes that were worth less they will tell you there is a problem in housing growth model could not sus- than when they bought them. And stal- the credit markets. tain itself, why Congress did not pass You have to put things in perspective wart financial giants were left holding legislation to rein it in, to reform the on to billions in securities that they with respect to where we stood before. system, and to put into checks and bal- just couldn’t cash, what are called ‘‘il- If you look at commercial and indus- ances in the past? liquid assets’’ that you read about in trial loans, seasonally adjusted, it goes Well again we can go into the details your morning paper. And without li- from July of last year to September of why Congress didn’t do that. But to get quidity and without the free flow of this year, and you will see that leading the credibility back before we move credit, the market ground to a halt, into this week, actually commercial forward on new legislation involving and companies began to buckle. and industrial loans were at historic tens or hundreds of billions of dollars, Endless government bailouts will not highs. And yes, on the other end of the prevent this crisis from repeating chart it just begins to tip down, the we need to answer that question. itself. We need to remember that. It chart shows it goes down just a little b 2200 will further cement the precedent that bit. And the latest data we have is With that, I would like to yield the got us here in the first place. There are from I think just 1 week ago. The next floor to the gentleman from Michigan. other options to bringing much-needed data for this week will be coming out. Mr. MCCOTTER. I thank the gen- liquidity to the market, including in- It’s probably telling that we can’t get tleman from New Jersey for yielding. I fusing the market with new capital by this information, quite honestly. I be- also wish to take this moment to suspending the business tax and the lieve maybe only the Federal Reserve thank him for his strength of character capital gains tax. may have this information. But for and his depth of intellect and leader- Also Fannie Mae and Freddie Mac Congress really to act intelligently, it ship on this issue. need to be dismantled and quick. Now needs information like this. This is It has been said if you don’t know that the implicit taxpayer guarantee why I threw the chart up, because the where you are going, any road will that they enjoyed for years has been gentlelady from Minnesota said we take you there. Unfortunately, we find made permanent, we have to make a should have information. ourselves in such a situation, as Amer- clean break with them. Here is another chart. And I will end Accounting that artificially devalued on this because charts are hard to fol- ica finds itself amidst a potential eco- securities and other assets could be low here. This is commercial paper nomic meltdown of its financial sector. temporarily suspended. And before here of nonfinancial companies, again Right now, the U.S. Congress is being Congress jumps to a full trillion dollar seasonally adjusted, again from the asked to vote upon the Paulson-Bush- plus bailout, it should explore these same time frame, July of last year to Obama-McConnell-Pelosi-Reid plan. I and other market reforms. Congress September of this year. And you will myself will be up front and say I think should look for the best way to provide see where we are, on average at the 190 it is a disastrous policy that House Re- the greatest stabilization in the mar- level, we were peaking just going into publicans should continue to resist. kets with the least taxpayer exposure. this. Now it went down. But you see What we are asking Americans to do, And that is where House Republicans those spikes going down all the time. quite simply, is to send money to the come in. We do not want the American On the very end of the chart, point- very people who caused this problem taxpayer to bail out this $700 billion ing over here, there is a little bit of an and expect them to fix it. tab. It isn’t about Wall Street. It’s uptick. I can’t tell you what the actual If I can put this in the simplest terms about this street, Washington, D.C. data is conclusively, whether that lit- that even I could understand, we have The Congress created this problem. For tle uptick then goes up. I doubt it. It a liquidity crisis in our financial mar- 2 years, the Democrat-controlled Con- probably begins to spike downwards kets. That means that private inves- gress, while this head of steam has again. It is that sort of information tors are standing on the sidelines. They been building, has failed to dismantle that we would like to have specifically do not want to put their money into Freddie and Fannie. They have failed before us so we are not relying on anec- purchasing toxic assets. What they are to dismantle the Community Reinvest- dotal evidence. And I don’t discount now doing is asking Congress to put ment Act. that, or the phone calls we receive your money into purchasing toxic as- But the real issue here is the forgot- from the street or the articles that we sets, and, if you do not, then these pri- ten man. That is the issue. It’s the for- receive as well. We do know there is a vate investors have promised to wreak gotten man. It’s the poor, beleaguered problem out there. havoc upon your personal savings, American taxpayer. Who is going to be I’m just pointing out, as the upon your credit ratings, upon your fi- left to bail him out? gentlelady from Minnesota has said, it nancial existence. And for what sin?

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What we course, to work with us. crisis of the present, but for future gen- instead offered is a responsible position Today they are beginning to show erations to come. that protects the taxpayers, that puts signs they may work with us. But, un- This is why today I say I have never private recapitalization first, so that fortunately, the political games con- been more proud to be a House Repub- Wall Street can bail itself out of its tinue. We continue to hear now, in ad- lican, because in many ways the more mess before going to the taxpayers, and dition to being unpatriotic and ob- you are reviled for not abandoning the putting an appropriate backstop in structive, which is impossible as the hard-working, responsible American place. minority party in the House, we con- people, for not abrogating their trust Now, we have been reviled for our tinue to hear that if we resist an arbi- in you to protect their tax dollars and principled opposition to what we be- trary Sunday midnight deadline, we, their futures, we wear it as a badge of lieve is an extortion of taxpayers’ pre- who cannot stop this bill from being honor, because that is precisely what cious resources. For this we have been passed, are going to cause the melt- we were elected to do as the party of condemned in the liberal media. For down of the American and the global Lincoln, as the party of Reagan. this we have been condemned by the economy. And I have a history lesson as I con- majority Democratic Party in this We instead as House Republicans are clude for the party of Andrew Jackson. House. We have been condemned by the going to do what you sent us here to Andrew Jackson stood tall for the Democratic majority in the Senate. We do, which is guard your money with working people of America in the face have been condemned by our own Re- which you have entrusted us. What we of every rich special interest that this publican President and his Secretary of are going to do is reject arbitrary dead- Nation had. When they demanded a the Treasury and the Federal Reserve lines, for two very critical reasons im- Bank of the United States and got a Board Chairman. portant to the American people. servile Congress to pass it for them, he In fact, I think we have recently One is we will have no rush to mis- vetoed it, not once but twice, because reached the height of the disapproba- judgment, whereby a bad bill is passed he knew that the best way America tion heaped upon us when earlier the for the sake of meeting an artificial could grow was from families, commu- Speaker of the House, in response to deadline that winds up being either nities and neighborhoods, not from a our refusal to spend $700 billion of tax- passed into law or being forced into a centralized Bank of the United States. payer money on this problem, we were no vote defeat in this House, the result Today we face a centralized shadow labeled ‘‘unpatriotic.’’ I suppose this of which could be the very economic bank of the United States on Wall should not surprise us the least bit. We meltdown we are trying to prevent. Street, and this is precisely the forces had earlier heard from the Democratic The other alternative is if prudent that we are standing up to for the re- vice presidential nominee, Senator consultation with Republicans and sponsible, hard-working people of BIDEN, that Republicans, because we Democrats continue and we pass the America. And when Andrew Jackson would not raise your taxes, were also arbitrary deadline, if investors’ expec- for the second time vetoed a charter unpatriotic. tations are raised improperly and irre- for the Bank of the United States, he Now, there has been some debate sponsibly, if we do the right thing and said something that I would ask every whether there is a new Democratic take a prudent course with this legisla- Democrat in this Chamber to remem- Party in America. If I may link these tion towards a pro-taxpayer outcome, ber: ‘‘There are no necessary evils in two statements to disprove that no- the economic meltdown may still government.’’ tion, according to Senator BIDEN and occur. So that when this Democratic major- Speaker PELOSI, if you do not support This is why House Republicans refuse ity brings a bill to the floor, make sure raising the American people’s taxes to put a deadline on these economic ne- that you believe in it; because if you do and spending $700 billion of it on Wall gotiations, which are of critical inter- not believe in it and you do not vote Street, you are unpatriotic. est to the American people, the same for it, or you do, do not go home and I disagree with this assessment, and I way we opposed putting artificial dead- tell your constituents that this was a trust that the American people do. In lines on our troops in Iraq. One is dedi- necessary evil to get through this time. fact, in many ways it tends to point cated to preserving the prosperity of And we as Republicans on our part will out the politics that are being played the American people, just as the other always remember the words of Ralph here. The reality is, as has been shown was dedicated to preserving the liberty Waldo Emerson: ‘‘If one man plant so often in the past, the Republican of the American people by expanding it himself upon his convictions and then Party in Congress is the minority to the Iraqis. abide, the whole huge world will come party. In the House of Representatives We have failed to do so in the past in around to him.’’ especially, the minority has acute our negotiations with the Democratic We will stand our ground, backed by pangs, because we do not have the Party to make it clear that we have principle and the American people, and power to obstruct a single thing the learned our lesson. We will not legis- we will do our duty. majority wants to get done. Let me late defeat, either of our troops or of I yield back to the gentleman from draw a quick comparison. the American taxpayer, and we will New Jersey. When we were debating increasing continue to stand strong in their de- Mr. GARRETT of New Jersey. I American energy production to help fense. thank the gentleman. We hopefully our constituents and ease their pain at Why is this critically important? If will learn from our history that there the pump by increasing supply, we one looks at the lessons of history, we are no necessary evils in government. were denied a bipartisan vote on an all- see critical times where decisions are And it may well be if the unfortunate of-the-above energy strategy. Today, in made that affect future generations. compromise comes about, that that is the debate to bail out Wall Street, we This is such a time. the arguments that will be made by see the Speaker demanding a bipar- This is the first economic panic of those who propose that, that you just tisan vote to bail them out. the global economy. The precedent have to suffer a little bit in govern- The dichotomy proves the point that that we set as your servants in Con- ment expenditures on that; that is a if this Democratic majority truly be- gress will be followed for decades to necessary evil. lieves, as does their Speaker and Sen- come. If we are rushed into this by a That is when the actual question will ator OBAMA and others, in President market bent upon getting their billions come about probably, is when is $700 Bush’s plan, yes, I know that sounds from taxpayers, we will set a precedent billion not $700 billion. And the answer

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that may well be given, well, it is not As Congresswoman BACHMANN has ished in recent years. But the great $700 billion when we pay it out over said, we have many options, contrary irony is that the banks that made some time; $100 billion this month, $150 bil- to what Secretary Paulson has said of the worst mortgage investments are lion a couple months from now, $150 when he presented this to us. And to the most highly regulated.’’ billion in January, $200 billion after reiterate what Congressman MCCOTTER ‘‘Meanwhile, the least regulated that; and as the numbers go up, eventu- from Michigan said, it is important firms—hedge funds and private eq- ally to $700 billion, and maybe even that the American people know the uity—have had the fewest problems, or more. Because that is where we stand Democrats are in charge of this Con- have folded up their mistakes with the right now with the administration and gress. They have 231 votes. It takes least amount of trauma. All of this re- the Democrat majority essentially hav- only 218 to pass a bill. If they want to affirms the historical truth that regu- ing originally said that there was a pass a bill, they can pass any bill they lators almost always discover financial deal, and that means the Democrats want to. They have done it this whole excesses only after the fact.’’ having signed on to or basically accept- 20 months without our help. They don’t ‘‘The Community reinvestment Act. ed the outline of the original Paulson need bipartisan support for this. This 1977 law makes banks to make loans to poor borrowers who often can- plan, the Bush administration plan, b 2215 saying we should spend $700 billion. not repay them. Banks that failed to Anything less than that from their per- I would like to speak about an article make enough of these loans were often spective, which we don’t just do it at from the Wall Street journal entitled held hostage by activists when they one time but do it over time, to the ‘‘A Mortgage Fable.’’ next sought some regulatory ap- American taxpayer should be seen as I am not going to read this article to- proval.’’ the exact same thing. night, but I do want to point out some ‘‘Our point here isn’t to absolve Wall That is why I said in my opening things again, some which my col- Street or to pretend there weren’t pri- comments, don’t let anyone pull the leagues have already pointed out, but vate excesses. But the investment mis- proverbial wool over your eyes by say- just to hit some high spots. It talks takes would surely have been less ex- ing we have ratcheted this down some- about the problems, the people and the treme, and ultimately their damage how by making a compromise that agencies that have created the prob- containable, if not for the political sup- they are going to spend it in a different lems that we are facing. port and subsidy for mortgage credit.’’ manner, because to you and I it is the I will quote here, ‘‘But Washington is Mr. Speaker, I would like to submit same thing. Also to our children and as deeply implicated in this meltdown for the RECORD the article from the our children’s children, it will be the as anyone on Wall Street or at Coun- Wall Street journal I just referred to, same thing, inasmuch as the dev- trywide Financial. Going back decades, entitled ‘‘A Mortgage Fable.’’ astating impact it will have on future but especially in the past 15 or so [From the Wall Street Journal, Sept. 22, economies with regard to inflation, in- years, our politicians have promoted 2008] flation, one of the most onerous taxes housing and easy credit with a variety A MORTGAGE FABLE of all, as it steals from us without us of subsidies and policies that helped to Once upon a time, in the land that FDR even seeing it, as the value of our dol- create and feed the mania. Let us take built, there was the rule of ‘‘regulation’’ and lar goes down and down and down as the role of political cause and financial all was right on Wall and Main Streets. Wise the American government prints more effect.’’ 27-year-old bank examiners looked down Again, I am going to hit the high upon the banks and saw that they were and more money to do a bailout. sound. America’s Hobbits lived happily in With that, once again I am pleased to spots here. ‘‘The Federal Reserve. The original sin of this crisis was easy homes financed by 30-year-mortgages that be joined now by another leader on this never left their local banker’s balance sheet, issue, the gentlewoman from North money. and nary a crisis did we have. Carolina (Ms. FOXX). ‘‘Fannie Mae and Freddie Mac. Cre- Then, lo, came the evil Reagan marching Ms. FOXX. I want to thank Mr. GAR- ated by government, and able to bor- from Mordor with his horde of Orcs, short for RETT, my colleague from New Jersey, row at rates lower than fully private ‘‘market fundamentalists.’’ Reagan’s appren- and say that I am happy to come and corporations because of the implied tice, Gramm of Texas and later of McCain, join him and my other colleagues in backing from taxpayers, these firms unleashed the scourge of ‘‘deregulation,’’ and turbocharged the credit mania. They thus were ‘‘greed,’’ short-selling, this. I wish I were as eloquent as they securitization, McMansions, liar loans and have been tonight, because they have channeled far more liquidity in the other horrors loosed upon the world of men. certainly described the situation we market than would have been the case Now, however, comes Obama of Illinois, face in very, very eloquent terms. otherwise.’’ Schumer of New York and others in the fel- I would put it in some very plain Fannie and Freddie’s patrons on Cap- lowship of the Beltway to slay the Orcs and terms, I believe. We can act in haste itol Hill didn’t care about the risks in- restore the rule of the regulator. So once and repent at leisure. That is some- herent in their combined trillion dollar more will the Hobbits be able to sleep peace- thing I think the American people un- plus mortgage portfolios, so long as fully in the shire. they help meet political goals on hous- With apologies to Tolkien, or at least derstand as well as they have under- Peter Jackson, something like this tale is stood the wonderful things said here. ing, even after taxpayers have had to now being sold to the American people to ex- We have been told again that we pick up a bailout tab that may grow as plain the financial panic of the past year. It must act immediately or, as Speaker large as $200 billion, House Financial is truly a fable from start to finish. Yet we PELOSI has said, we are being unpatri- Services Chairman BARNEY FRANK still are likely to hear some version of it often in otic. I don’t believe that. I think we won’t back a reduction in their mort- the coming months as the barons of Congress are being patriotic by taking our time gage portfolios. try to absolve themselves of any responsi- and holding the Speaker to the prom- ‘‘A credit-rating oligopoly. Thanks to bility for the housing and mortgage melt- downs. ises she made in 2006: All bills would go Federal and State regulation, a small Yes, greed is ever with us, at least until through regular order, go through com- handful of credit rating agencies pass Washington transforms human nature. The mittee, come to the floor, be allowed to judgment on the risk for all debt secu- wizards of Wall Street and London became be amended. It would be the most bi- rities in our markets. Many of these ever more inventive in finding ways to sell partisan Congress ever in the history of judgments turned out to be wrong, and mortgages and finance housing. Some of the Congress. We have not seen that, this goes to the root of the credit cri- those peddling subprime loans were crooks, and the taxpayers of this country de- sis: Assets officially deemed rock solid as were some of the borrowers who lied about serve that. by the Government’s favored risk ex- their incomes. This is what happens in a credit bubble that becomes a societal mania. I want to say also again, this is not perts have lately been recognized as But Washington is as deeply implicated in a failure of our markets. It is a failure nothing of the kind.’’ this meltdown as anyone on Wall Street or of our government, as has been said ‘‘Banking regulators. In the Beltway at Countrywide Financial. Going back dec- over and over and over again. fable, bank supervision all but van- ades, but especially in the past 15 or so

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00166 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.006 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22848 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 years, our politicians have promoted housing vestments are the most highly regulated. working group, established by Repub- and easy credit with a variety of subsidies The Fed’s regulators blessed, or overlooked, lican Leader Boehner and released ear- and policies that helped to create and feed Citigroup’s off-balance-sheet SIVs, while the lier this week. the mania. Let us take the roll of political SEC tolerated leverage of 3o or 4o to 1 by Again, I think it’s very important to cause and financial effect: Lehman and Bear Stearns. The Federal Reserve. The original sin of The New York Sun reports that an SEC that the taxpayers know we have put this crisis was easy money. For too long this rule change that allowed more leverage was them first, not Wall Street. These are decade, especially from 2003 to 2005, the Fed made in 2004 under then Chairman William the three major components, a com- held interest rates below the level of ex- Donaldson, one of the most aggressive regu- monsense plan to have Wall Street pected inflation, thus creating a vast subsidy lators in SEC history. Of course the SEC’s fund the recovery, not taxpayers. You for debt that both households and financial task was only to protect the investor assets heard that first from Republicans. firms exploited. The housing bubble was a re- at the broker-dealers, not the holding com- ‘‘Have Private Capital Injection to the panies themselves, which everyone thought sult, along with its financial counterparts, Financial Markets, Not Tax Dollars.’’ the subprime loan and the mortgage SIV. were not too big to fail. Now we know dif- Fed Chairmen Alan Greenspan and Ben ferently (see Bear Stearns below). ‘‘Immediate Transparency, Over- Bernanke prefer to blame ‘‘a global savings Meanwhile, the least regulated firms— sight, and Market Reform.’’ glut’’ that began when the Cold War ended. hedge funds and private-equity companies— Mr. Speaker, I would submit Eco- But Communism was dead for more than a have had the fewest problems, or have folded nomic Rescue Principles for the decade before the housing mania took off. up their mistakes with the least amount of RECORD. trauma. All of this reaffirms the historical The savings glut was in large part a creation ECONOMIC RESCUE PRINCIPLES of the Fed, which flooded the world with too truth that regulators almost always discover COMMON SENSE PLAN TO HAVE WALL STREET many dollars that often found their way financial excesses only after the fact. FUND THE RECOVERY, NOT TAXPAYERS back into housing markets in the U.S., the The Bear Stearns rescue. In retrospect, the U.K. and elsewhere. Fed-Treasury intervention only delayed a Rather than providing taxpayer funded Fannie Mae and Freddie Mac. Created by necessary day of reckoning for Wall Street. purchases of frozen mortgage assets to solve government, and able to borrow at rates While Bear was punished for its sins, the Fed this problem, we should adopt a plan to in- lower than fully private corporations be- opened its discount window to the other big sure mortgage back securities through pay- cause of the implied backing from taxpayers, investment banks and thus sent a signal that ment of insurance premiums. these firms turbocharged the credit mania. they would provide a creditor safety net for Currently the federal government insures They channeled far more liquidity into the bad debt. approximately half of all mortgage backed market than would have been the case other- Morgan Stanley, Lehman and Goldman securities. (MBS) We can insure the rest of wise, especially from the Chinese, who Sachs all concluded that they could ride out current outstanding MBS; however, rather thought (rightly) that they were investing in the panic without changing their business than taxpayers funding insurance, the hold- mortgage securities that were as safe as models or reducing their leverage. John ers of these assets should pay for it. Treas- Treasurys but with a higher yield. Thain at Merrill Lynch was the only CEO ury Department can design a system to These are the firms that bought the in- willing to sell his bad mortgage paper—at 22 charge premiums to the holders of MBS to creasingly questionable mortgages origi- cents on the dollar. Treasury and the Fed fully finance this insurance. nated by Angelo Mozilo’s Countrywide and should have followed the Bear trauma with HAVE PRIVATE CAPITAL INJECTION TO THE others. Even as the bubble was popping, they more than additional liquidity. Once they FINANCIAL MARKETS, NOT TAX DOLLARS were on the taxpayer dime, the banks needed dived into pools of subprime and Alt-A Instead of injecting taxpayer capital into a thorough scrubbing that might have avoid- (‘‘liar’’) loans to meet Congressional demand the market to produce liquidity, private cap- to finance ‘‘affordable’’ housing. And they ed last week’s stampede. The Community Reinvestment Act. This ital can be drawn into the market by remov- were both the cause and beneficiary of the ing regulatory and tax barriers that are cur- great interest-group army that lobbied for 1977 law compels banks to make loans to poor borrowers who often cannot repay rently blocking private capital formation. ever more housing subsidies. Too much private capital is sitting on the Fan and Fred’s patrons on Capitol Hill them. Banks that failed to make enough of these loans were often held hostage by activ- sidelines during this crisis. didn’t care about the risks inherent in their Temporary tax relief provisions can help ists when they next sought some regulatory combined trillion-dollar-plus mortgage port- companies free up capital to maintain oper- folios, so long as they helped meet political approval. Robert Litan, an economist at the Brook- ations, create jobs, and lend to one another. goals on housing. Even after taxpayers have ings Institution, told the Washington Post In addition, we should allow for a temporary had to pick up a bailout tab that may grow this year that banks ‘‘had to show they were suspension of dividend payments by financial as large as $200 billion, House Financial making a conscious effort to make loans to institutions and other regulatory measures Services Chairman Barney Frank still won’t subprime borrowers.’’ The much-maligned to address the problems surrounding private back a reduction in their mortgage port- Phil Gramm fought to limit these CRA re- capital liquidity. folios. quirements in the 1990s, albeit to little effect IMMEDIATE TRANSPARENCY, OVERSIGHT, AND A credit-rating oligopoly. Thanks to fed- and much political jeering. MARKET REFORM eral and state regulation, a small handful of We could cite other Washington policies, Increase Transparency. Require partici- credit rating agencies pass judgment on the including the political agitation for ‘‘mark- risk for all debt securities in our markets. pating firms to disclose to Treasury the to-market’’ accounting that has forced firms value of their mortgage assets on their Many of these judgments turned out to be to record losses after ratings downgrades wrong, and this goes to the root of the credit books, the value of any private bids within even if the assets haven’t been sold. But the last year for such assets, and their last crisis: Assets officially deemed rock-solid by these are some of the main lowlights. the government’s favored risk experts have audit report. Our point here isn’t to absolve Wall Street Limit Federal Exposure for High Risk lately been recognized as nothing of the or pretend there weren’t private excesses. Loans: Mandate that the GSEs no longer kind. But the investment mistakes would surely securitize any unsound mortgages. When debt instruments are downgraded, have been less extreme, and ultimately their Call on the SEC to audit reports of failed banks must then recognize a paper loss on damage more containable, if not for the companies to ensure that the financial these assets. In a bitter irony, the losses enormous political support and subsidy for standing of these troubled companies was ac- cause the same credit raters whose judg- mortgage credit. Beware politicians who ped- curately portrayed. ments allowed the banks to hold these dodgy dle fables that cast themselves as the heroes. Wall Street Executives should not benefit assets to then lower their ratings on the from taxpayer funding. banks, requiring the banks to raise more The last thing that I would like to Call on the SEC to review the performance money, and pay more to raise it. The major say, because I want to give some more of the Credit Rating Agencies and their abil- government-anointed credit raters—S&P, time to my colleague to New Jersey, is ity to accurately reflect the risks of these Moody’s and Fitch—were as asleep on mort- that one of the areas that I think has failed investment securities. gages as they were on Enron. Senator Rich- not been properly discussed in the last Create a blue ribbon panel with representa- ard Shelby (R., Ala.) tried to weaken this couple of days is the fact that Repub- tives of Treasury, SEC, and the Fed to make government-created oligopoly, but his re- licans have put out a set of economic recommendations to Congress for reforms of forms didn’t begin to take effect until 2007, rescue principles. They are on my Web the financial sector by January 1, 2009. too late to stop the mania. Banking regulators. In the Beltway fable, site. I think they are on probably many I thank my colleague from New Jer- bank supervision all but vanished in recent other people’s Web sites. I am only sey for allowing me to do this. I want years. But the great irony is that the banks going to highlight these very, very to leave with a quote that our col- that made some of the worst mortgage in- quickly. These were put together by a league, TRENT FRANKS from Arizona,

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00167 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.006 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22849 gave me tonight, in an e-mail. ‘‘If you As the gentlelady has put into the said, when evidence indicated that had love wealth better than liberty, the record and outlined it, in essence what there was a problem in the housing tranquility of servitude than the ani- we are doing there is setting up a guar- market, that a bubble was coming, mated contest of freedom, go from us anteed fund, if you will, or backing for that there was a problem with the in peace. We ask not your counsels or those mortgage-backed securities. GSEs, that’s Fannie Mae and Freddie arms. Crouch down and lick the hands I will just digress on how that would Mac but Congress refused to act. which feed you. May your chains sit work for 30 seconds, think of it this Let’s not go back to those individ- lightly upon you, and may posterity way. If you are confident in the way uals who brought us to that particular forget that you were our countrymen.’’ that Washington handles your tax dol- point for a solution, let’s maybe think It’s from Samuel Adams, and I say to lars today, if you are confident that out of the box and look for a solution. those who want to support the Paulson the way the American government, Another economist recently was pub- socialism plan, this is my message to Washington, handled your tax dollars lished on this matter, to address more you. when it came to Katrina, if you are of the global issue, the larger issue. I Mr. GARRETT of New Jersey. I confident with the way that Congress will read from this, he is Chicago econ- thank the gentlelady from North Caro- handles your tax dollars when, year omist Robert Schimer from the Univer- lina for joining us and also for your after year, we can’t balance our budget sity of Chicago. He States, as follows, leadership on this crucial issue, per- like the American family has to bal- ‘‘Let me mention one other issue that haps as others have said, one of the ance their budget. If you are confident I take very seriously. I recognize that most crucial issues we in Congress will in the way that the American govern- this might not matter much to my ever vote on. ment in Washington handles your tax Congressman, but in my view it may be As the lady as said, as the speakers dollars when we run deficits of $100 bil- the most important issue for global before have as well, we recognize the lion, $150 billion, then $200 billion and welfare. The U.S. has long been a bea- severity of the problem on the U.S. $300 billion, now over $400 billion. With con of free markets. When economic economy, and the global economy as this, of course, on top of it, would be conditions turn sour in Argentina or well. We recognize that some action by over a trillion dollars. Indonesia, we give very clear instruc- Congress is necessary, but we suggest If you were confident with the man- tions on what to do: balance the budg- that the proposal that has been pro- agement of the assets of the American et, cut government employment, main- posed by Secretary Paulson and osten- government over the past years, then tain free trade and the rule of law, and sibly supported by the Democrat ma- you should be absolutely confident do not prop up failing enterprises. Op- jority is the wrong proposal. Therefore, that we would be able to set up an ponents of free markets argue that this we have stepped up to the plate and agency, either external to the Treasury advice benefits international fin- suggested a House Republican proposal. or within the Treasury, to be able to anciers, not the domestic market. I It is not simply us, we here in the handle $700 billion of mortgage-backed have always believed (at least since I House Republicans that suggest that security, and that would mean, on the began to understand economics) that the Paulson-Pelosi proposal is not the back side of those, all the assets of the U.S. approach was correct. But way to go. In my hand here is a list of, those foreclosed properties that would when the U.S. ignores its own advice in I think, several hundred economists, possibly come from that as well. this situation, it reduces the credi- 192 economists from around the coun- Somebody on a TV show earlier said bility of this stance. Rewriting the try, who reviewed it and expressed well we did it with the RTC, and Sec- rules of the game at this stage will their view and, very briefly, they say retary of the Treasury Paulson said, therefore have serious ramifications we want to express to Congress our well, this is not like the RTC. But in a not only for people in this country but great concern for the plan proposed by the way it is. We were handling those for future of global capitalism. The so- Treasury Secretary Paulson to deal assets. At some point along the line I cial cost of that is far, far greater than with the financial crisis. had to remind the commentator on the $700 billion. ‘‘We see three fatal pitfalls in the program with the RTC, it ended up So I end where I began, the social current proposed plan. One, its fair- costing the taxpayer around 127 to 147 cost of our adopting a program, on this ness, the plan is a subsidy to investors billion dollars, which in today’s dollars country, and our children and our fu- at taxpayer expense. Two, its ambi- is around $220 billion. Here we are talk- ture generation will be far, far greater guity, neither the mission of the new ing about $700 billion. than anything we can imagine if we do agency, nor its oversight are clear; If you are confident the American not do it right. and, three, perhaps most important, government can do this better than it’s long-term effects, if the plan is en- anyone else, then support either the f acted, its effects will be with us for a initial Paulson-Pelosi proposal or any generation.’’ hybrid or compromise from that that LEAVE OF ABSENCE I know the President heard those re- still involves that. By unanimous consent, leave of ab- marks, it was reported on ABC. When But if you are not so confident, if you sence was granted to: he saw this, he said, ‘‘I don’t care what have a question of the ability of Wash- Ms. WATERS (at the request of Mr. someone on some college campus ington adequately handling those dol- HOYER) for September 26 until 5:15 p.m. says,’’ ABC reports. Instead he says he lars, and if you have a question on how trusts his Treasury secretary. this may impact upon the economy and f Well, quite candidly, as a representa- the monetization of that debt and the tive of Congress, I trust what my con- rise in inflation that may have fol- SPECIAL ORDERS GRANTED stituents are saying about this situa- lowed it this year. But next year, if the By unanimous consent, permission to tion. They realize it’s an important production in this country does not in- address the House, following the legis- matter. They realize it’s a tightening crease, then you should be looking for lative program and any special orders of the credit markets. They realize an alternative, and that alternative is heretofore entered, was granted to: that something must be done, but they just what the lady from North Carolina (The following Members (at the re- also realize, as the economists do, that has raised. quest of Mr. TANCREDO) to revise and we should not be putting this on the As I started my comment, I said, let extend their remarks and include ex- backs of the taxpayers, but, rather us therefore not look to those who traneous material:) takes gentlelady from North Carolina have brought us to this point in the Mr. BURTON of Indiana, for 5 minutes, suggests, come up with an alternative first place, whether it be the Federal today. proposal where the Wall Street players Reserve, with the loose lending policies Mr. POE, for 5 minutes, September 28. would actually be underwriting the that they have had for years, or the Mr. JONES, for 5 minutes, September cost of the proposal. Congress who refused to step in, as I 28.

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00168 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.006 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22850 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 SENATE BILLS REFERRED prosecution of cases involving child pornog- the United States, for his approval, the Bills of the Senate of the following raphy, and for other purposes. following bills. H.R. 5001. An act to authorize the Adminis- H.R. 923. To provide for the investigation titles were taken from the Speaker’s trator of General Services to provide for the of certain unsolved civil rights crimes, and table and, under the rule, referred as redevelopment of the Old Post Office Build- for other purposes. follows: ing located in the District of Columbia. H.R. 1199. To extend the grant program for S. 1492. An act to improve the quality of H.R. 5975. An act to designate the facility drug-endangered children. Federal and State data regarding the avail- of the United States Postal Service located H.R. 3986. To amend the John F. Kennedy ability and quality of broadband services and at 101 West Main Street in Waterville, New Center Act to authorize appropriations for to promote the deployment of affordable York, as the ‘‘Cpl. John P. Sigsbee Post Of- the John F. Kennedy Center for the Per- broadband services to all parts of the Nation; fice’’. forming Arts, and for other purposes. to the Committee on Energy and Commerce. H.R. 6092. An act to designate the facility H.R. 5834. To amend the North Korean S. 2913. An act to provide a limitation on of the United States Postal Service located Human Rights Act of 2004 to promote respect judicial remedies in copyright infringement at 101 Tallapoosa Street in Bremen, Georgia, for the fundamental human rights of the peo- cases involving orphan works; to the Com- as the ‘‘Sergeant Paul Saylor Post Office ple of North Korea, and for other purposes. mittee on the Judiciary. Building’’. H.R. 6889. to extend the authority of the S. 3109. An act to amend the Solid Waste H.R. 6370. An act to transfer excess Federal Secretary of Education to purchase guaran- Disposal Act to direct the Administrator of property administered by the Coast Guard to teed student loans for an additional year, the Environmental Protection Agency to es- the Confederated Tribes of the Coos, Lower and for other purposes. tablish a hazardous waste electronic mani- Umpqua, and Siuslaw Indians. H.R. 6893. To amend parts B and E of title fest system; to the Committee on Energy H.R. 6437. An act to designate the facility IV of the Social Security Act to connect and and Commerce. of the United States Postal Service located support relative caregivers, improve out- S. 3192. An act to amend the Act of August at 200 North Texas Avenue in Odessa, Texas, comes for children in foster care, provide for 9, 1955, to authorize the Cow Creek band of as the ‘‘Corporal Alfred Mac Wilson Post Of- tribal foster care and adoption access, im- Umpqua Indians of Oregon, the Coquille fice’’. prove incentives for adoption, and for other Tribe of Oregon, and the Confederated Tribes H.J. Res. 62. Joint resolution to honor the purposes. of the Siletz Reservation, Oregon, to obtain achievements and contributions of Native H.R. 6984. To amend title 49, United States 99-year lease authority for trust land, and to Americans to the United States, and for Code, to extend authorizations for the air- authorize the Morongo Band of Cahuilla Mis- other purposes. sion Indians of the Morongo Reservation, port improvement program, to amend the In- California, to obtain 50-year lease authority f ternal Revenue Code of 1986 to extend the funding and expenditure authority of the for trust land; to the Committee on Natural SENATE ENROLLED BILLS SIGNED Resources. Airport and Airway Trust Fund, and for S. 3477. An act to amend title 44, United The Speaker announced her signa- other purposes. States Code, to authorize grants for Presi- ture to enrolled bills of the Senate of f dential Centers of Historical Excellence; to the following titles: the Committee on Oversight and Govern- S. 496. An act to reauthorize and improve ADJOURNMENT ment Reform. S. 3536. An act to amend section 5402 of the program authorized by the Apalachian Ms. FOXX. Mr. Speaker, I move that title 39, United States Code, to modify the Regional Development act of 1965. the House do now adjourn. authority relating to United States Postal S 1046. An act to modify pay provisions re- The motion was agreed to; accord- Service air transportation contracts, and for lating to certain senior-level positions in the ingly (at 10 o’clock and 29 minutes other purposes; to the Committee on Over- Federal Government, and for other other purposes. p.m.), under its previous order, the sight and Government Reform. House adjourned until tomorrow, Sun- S. 3641. An act to authorize funding for the S. 1382—An act to amend the Public Health National Crime Victim Law Institute to pro- Service act to provide for the establishment day, September 28, 2008, at 1 p.m. vide support for victims of crime under of an Amyotrophic Lateral Sclerosis Reg- f Crime Victims Legal Assistance Programs as istry. a part of the Victims of Crime Act of the S. 1810—An act to amend the Public Health EXECUTIVE COMMUNICATIONS, 1984; to the Committee on the Judiciary. Service Act to increase the provision of sci- ETC. entifically sound information and support f services to patients receiving a positive test Under clause 8 of rule XII, executive ENROLLED BILLS AND JOINT diagnosis for Down syndrome or other pre- communications were taken from the RESOLUTION SIGNED natally and posnatally diagnosed conditions. Speaker’s table and referred as follows: S. 2482—An act to repeal the provision of 8801. A letter from the U.S. House of Rep- Ms. Lorraine C. Miller, Clerk of the title 46, United States Code, requiring a li- resentatives, Clerk, transmitting notifica- House, reported and found truly en- cense for employment in the business of sal- tion, pursuant to section (1)(k)(2) of H.R. 895, rolled bills and a joint resolution of the vaging on the coast of Florida. that the board members and alternate board House of the following titles, which S. 2606—An act to reauthorize the United members of the Office of Congressional Eth- were thereupon signed by the Speaker: States Fire Administration, and for other ics: Former Congressman David Skaggs; H.R. 1343. An act to amend the Public purposes. Former Congressman Porter J. Goss; Former Health Service Act to provide additional au- S. 2932—An act to amend the Public Health Congresswoman Yvonne Brathwaite Burke; thorizations of appropriations for the health Service Act to reauthorize the poison center Former House Chief Administrative Officer centers program under section 330 of such national toll-free number, national media Jay Eagen; Former Congresswoman Karan Act, and for other purposes. campaign, and grant program to provide as- English; Professor Allison Hayward; Former H.R. 2638. An act making appropriations sistance for poison prevention, sustain the Congressman Abner Mikva; and Former Con- for the Department of Homeland Security for funding of poison centers, and enhance the gressman Bill Frenzel, have individually the fiscal year ending September 30, 2008, and public health of people of the United States. signed an agreement to not be a candidate for other purposes. S. 3009—An act to designate the Federal for the office of Senator or Representative H.R. 2851. An act to amend the Employee Bureau of Investigation building under con- in, or Delegate or Resident Commissioner to, Retirement Income Security Act of 1974, the struction in Omaha, Nebraska, as the ‘‘J. the Congress for purposes of the Federal Public Health Service Act, and the Internal James Exon Federal Bureau of Investigation Elecion Campaign Revenue Code of 1986 to ensure that depend- Building’’. 8802. A letter from the Administrator, Risk ent students who take a medically necessary S. 3560—To amend title XIX of the Social Management Agency, Department of Agri- leave of absence do not lose health insurance Security Act to provide additional funds for culture, transmitting the Department’s final coverage, and for other purposes. the qualifying individual (QI) program, and rule — Common Crop Insurance Regulations; H.R. 3068. An act to prohibit the award of for other purposes. Dry Pea Crop Provisions (RIN: 0563-AC14) re- ceived September 26, 2008, pursuant to 5 contracts to provide guard services under the f contract security guard program of the Fed- U.S.C. 801(a)(1)(A); to the Committee on Ag- eral Protective Service to a business concern BILLS PRESENTED TO THE riculture. that is owned, controlled, or operated by an PRESIDENT 8803. A letter from the Under Secretary for individual who has been convicted of a fel- Personnel and Readiness, Department of De- ony. Lorraine C. Miller, Clerk of the fense, transmitting a letter on the approved H.R. 4120. An act to amend title 18, United House reports that on September 26, retirement of General Benjamin S. Griffin, States Code, to provide for more effective 2008 she presented to the President of United States Army, and his advancement to

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00169 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.006 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 22851 the grade of general on the retired list; to 8813. A letter from the Secretary, Federal tional Oceanic and Atmospheric Administra- the Committee on Armed Services. Trade Commission, transmitting the Com- tion, transmitting the Administration’s final 8804. A letter from the Under Secretary for mission’s final rule — Telemarketing Sales rule — Fisheries of the Exclusive Economic Personnel and Readiness, Department of De- Rule Fees (RIN: 3084-AA98) received Sep- Zone Off Alaska; Reallocation of Pacific Cod fense, transmitting a letter on the approved tember 26, 2008, pursuant to 5 U.S.C. in the Bering Sea and Aleutian Islands Man- retirement of Lieutenant General John R. 801(a)(1)(A); to the Committee on Energy and agement Area [Docket No. 071106673-8011-02] Wood, United States Army, and his advance- Commerce. (RIN: 0648-XK38) received September 26, 2008, ment to the grade of lieutenant general on 8814. A letter from the Secretary of the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the retired list; to the Committee on Armed Commission, Federal Trade Commission, mittee on Natural Resources. Services. transmitting the Commission’s final rule — 8825. A letter from the Director Office of 8805. A letter from the Chief Counsel, Telemarketing Sales Rule (‘‘TSR’’) (RIN: Sustainable Fisheries, NMFS, National Oce- FEMA, Department of Homeland Security, 3084-AA98) received September 26, 2008, pur- anic and Atmospheric Administration, trans- transmitting the Department’s final rule — suant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Administration’s final rule — Final Flood Elevation Determinations — re- mittee on Energy and Commerce. Fisheries of the Exclusive Economic Zone ceived September 26, 2008, pursuant to 5 8815. A letter from the Assistant Legal Ad- Off Alaska; Pollock in Statistical Area 610 in U.S.C. 801(a)(1)(A); to the Committee on Fi- viser for Treaty Affairs, Department of the Gulf of Alaska [Docket No. 071106671-8010- nancial Services. State, transmitting Copies of international 02] (RIN: 0648-XK29) received September 26, 8806. A letter from the Chief Counsel, agreements, other than treaties, entered into 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the FEMA, Department of Homeland Security, by the United States, pursuant to 1 U.S.C. Committee on Natural Resources. transmitting the Department’s final rule — 112b; to the Committee on Foreign Affairs. 8826. A letter from the Director, Office of Suspension of Community Eligibility [Dock- 8816. A letter from the Acting Assistant Sustainable Fisheries, NMFS, National Oce- et No. FEMA-8037] received September 26, Secretary Legislative Affairs, Department of anic and Atmospheric Administration, trans- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the State, transmitting the Department’s final mitting the Administration’s final rule — Committee on Financial Services. rule — Amendment to the International Atlantic Highly Migratory Species; Atlantic 8807. A letter from the Acting Secretary, Traffic in Arms Regulations: Registration Bluefin Tuna Fisheries (RIN: 0648-XJ69) re- Securities and Exchange Commission, trans- Fee Change [Public Notice ] (RIN: 1400-AC50) ceived September 26, 2008, pursuant to 5 mitting the Commission’s final rule — FOR- received September 26, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Nat- EIGN ISSUER REPORTING ENHANCE- U.S.C. 801(a)(1)(A); to the Committee on For- ural Resources. MENTS [RELEASE NOS. 33-8959; 34-58620; eign Affairs. 8827. A letter from the Director Office of INTERNATIONAL SERIES RELEASE NO. 8817. A letter from the Acting Chief Human Sustainable Fisheries, NMFS, National Oce- 1310; File No. S7-05-08] (RIN: 3235-AK03) re- Capital Officer, Department of Energy, anic and Atmospheric Administration, trans- ceived September 26, 2008, pursuant to 5 transmitting a report pursuant to the Fed- mitting the Administration’s final rule — U.S.C. 801(a)(1)(A); to the Committee on Fi- eral Vacancies Reform Act of 1998; to the Fisheries of the Northeastern United States; nancial Services. Committee on Oversight and Government Atlantic Mackerel, Squid, and Butterfish 8808. A letter from the Director, Regula- Reform. Fisheries; Closure of the Directed Butterfish 8818. A letter from the White House Liai- tions Policy and Mgmt. Staff, Department of Fishery [Docket No. 070717340-8451-02] (RIN: son, Department of Health and Human Serv- Health and Human Services, transmitting 0648-XK16) received September 26, 2008, pur- ices, transmitting a report pursuant to the the Department’s final rule — Control of suant to 5 U.S.C. 801(a)(1)(A); to the Com- Federal Vacancies Reform Act of 1998; to the Communicable Diseases; Restrictions on Af- mittee on Natural Resources. Committee on Oversight and Government rican Rodents, Prairie Dogs, and Certain 8828. A letter from the Acting Director Of- Reform. Other Animals [[Docket No. FDA-2003-N-0427] 8819. A letter from the White House Liai- fice of Sustainable Fisheries, NMFS, Na- (formerly Docket No. 2003N-0400)] received son, Department of Health and Human Serv- tional Oceanic and Atmospheric Administra- September 26, 2008, pursuant to 5 U.S.C. ices, transmitting a report pursuant to the tion, transmitting the Administration’s final 801(a)(1)(A); to the Committee on Energy and Federal Vacancies Reform Act of 1998; to the rule — Fisheries of the Economic Exclusive Commerce. Committee on Oversight and Government Zone Off Alaska; Shallow-Water Species 8809. A letter from the Chief of Staff, Media Reform. Fishery by Vessels Using Trawl Gear in the Bureau, Federal Communications Commis- 8820. A letter from the White House Liai- Gulf of Alaska [Docket No. 071106671-8010-02] sion, transmitting the Commission’s final son, Department of Health and Human Serv- (RIN: 0648-XK24) received September 26, 2008, rule — In the Matter of Amendment of Sec- ices, transmitting a report pursuant to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tion 73.622(i), Final DTV Table of Allot- Federal Vacancies Reform Act of 1998; to the mittee on Natural Resources. ments, Television Broadcast Stations. (Cas- Committee on Oversight and Government 8829. A letter from the Acting Assistant tle Rock, Colorado) [MB Docket No. 08-106 Reform. Administrator for Fisheries, NMFS, National RM-11447] received September 26, 2008, pursu- 8821. A letter from the Deputy White House Oceanic and Atmospheric Administration, ant to 5 U.S.C. 801(a)(1)(A); to the Committee Liaison, Department of Justice, transmit- transmitting the Administration’s final rule on Energy and Commerce. ting a report pursuant to the Federal Vacan- — Taking of Marine Mammals Incidental to 8810. A letter from the Chief of Staff, Media cies Reform Act of 1998; to the Committee on Commercial Fishing Operations; Atlantic Bureau, Federal Communications Commis- Oversight and Government Reform. Large Whale Take Reduction Plan Regula- sion, transmitting the Commission’s final 8822. A letter from the Acting Director Of- tions [Docket No. 080509647-81084-02] (RIN: rule — In the Matter of Amendment of Sec- fice of Sustainable Fisheries, NMFS, Na- 0648-AW84) received September 26, 2008, pur- tion 73.202(b), Table of Allotments, FM tional Oceanic and Atmospheric Administra- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Broadcast Stations. (Beeville, Christine, tion, transmitting the Administration’s final mittee on Natural Resources. George West, and Tilden, Texas) [MB Docket rule — Fisheries of the Northeastern United 8830. A letter from the Deputy Assistant No. 07-78 RM-11366 RM-11383] received Sep- States; Summer Flounder Fishery; Commer- Administrator For Regulatory Programs, tember 26, 2008, pursuant to 5 U.S.C. cial Quota Harvested for the State of New NMFS, National Oceanic and Atmospheric 801(a)(1)(A); to the Committee on Energy and York [Docket No. 071030625-7696-02] (RIN: Administration, transmitting the Adminis- Commerce. 0648-XK19) received September 26, 2008, pur- tration’s final rule — Fisheries of the North- 8811. A letter from the Legal Advisor/Chief, suant to 5 U.S.C. 801(a)(1)(A); to the Com- eastern United States; Northeast Multispe- Wireless Telecomm. Bur., Federal Commu- mittee on Natural Resources. cies Fishery; Nomenclature Change to Re- nications Commission, transmitting the 8823. A letter from the Deputy Assistant name the ‘‘Haddock Rope Trawl’’ the ‘‘Ruhle Commission’s final rule — In the Matter of Administrator For Regulatory Programs, Trawl’’; Final Rule [Docket No. 0808251151- Amendment of the Commission’s Rules Re- NMFS, National Oceanic and Atmospheric 81155-01] (RIN: 0648-AX18) received September garding Maritime Automatic Identification Administration, transmitting the Adminis- 26, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to Systems [WT Docket No. 04-344] received tration’s final rule — Magnuson-Stevens the Committee on Natural Resources. September 26, 2008, pursuant to 5 U.S.C. Fishery Conservation and Management Act 8831. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Energy and Provisions; Fisheries of the Northeastern Congressional Affairs, Nuclear Regulatory Commerce. United States; Monkfish Fishery; Frame- Commission, transmitting the Commission’s 8812. A letter from the Associate Chief, work Adjustment 6 to the Monkfish Fishery final rule — Adjustment of Civil Penalties Federal Communications Commission, trans- Management Plan [Docket No. 080627793- for Inflation [NRC-2008-0412] (RIN: 3150-AI45) mitting the Commission’s final rule — In the 81063-02] (RIN: 0648-AW81) received Sep- received September 26, 2008, pursuant to 5 Matter of Amendment of Section 90.20(e)(6) tember 26, 2008, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on the of the Commission’s Rules [WT Docket No. 801(a)(1)(A); to the Committee on Natural Judiciary. 06-142 RM-11135] received September 26, 2008, Resources. 8832. A letter from the Program Analyst, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8824. A letter from the Acting Director Of- Department of Transportation, transmitting mittee on Energy and Commerce. fice of Sustainable Fisheries, NMFS, Na- the Department’s final rule — Establishment

VerDate Mar 15 2010 10:08 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00170 Fmt 0688 Sfmt 0634 E:\BR08\H27SE8.006 H27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22852 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 16 September 27, 2008 of Class E Airspace; Lexington, OK [Docket [Docket No. FAA-2008-0584; Directorate Iden- 8849. A letter from the Program Analyst, No. FAA-2008-0003; Airspace Docket No. 08- tifier 2007-NM-315-AD; Amendment 39-15639; Department of Transportation, transmitting ASW-1] received September 19, 2008, pursuant AD 2008-17-01] (RIN: 2120-AA64) received Sep- the Department’s final rule — Airworthiness to 5 U.S.C. 801(a)(1)(A); to the Committee on tember 19, 2008, pursuant to 5 U.S.C. Directives; Bell Helicopter Textron Canada Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- (BHTC) Model 230 Helicopters [Docket No. 8833. A letter from the Program Analyst, tation and Infrastructure. FAA-2008-0450; Directorate Identifier 2007- Department of Transportation, transmitting 8842. A letter from the Program Analyst, SW-39-AD; Amendment 39-15634; AD 2008-16- the Department’s final rule — Amendment of Department of Transportation, transmitting 16] (RIN: 2120-AA64) received September 19, Class D and Class E Airspace; Altus AFB, OK the Department’s final rule — Airworthiness 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the [Docket No. FAA-2008-0339; Airspace Docket Directives; Bombardier Model DHC-8-102, Committee on Transportation and Infra- No. 08-ASW-5] received September 19, 2008, DHC-8-103, DHC-8-106, DHC-8-201, DHC-8-202, structure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- DHC-8-301, DHC-8-311, and DHC-8-315 Air- 8850. A letter from the Program Analyst, mittee on Transportation and Infrastruc- planes [Docket No. FAA-2008-0179; Direc- Department of Transportation, transmitting ture. torate Identifier 2007-NM-367-AD; Amend- the Department’s final rule — Airworthiness 8834. A letter from the Program Analyst, ment 39-15572; AD 2008-13-09] (RIN: 2120-AA64) Directives; Eclipse Aviation Corporation Department of Transportation, transmitting received September 19, 2008, pursuant to 5 Model EA500 Airplanes [Docket No. FAA- the Department’s final rule — Establishment U.S.C. 801(a)(1)(A); to the Committee on 2008-0837; Directorate Identifier 2008-CE-043- of Class E Airspace; Salida, CO [Docket No. Transportation and Infrastructure. AD; Amendment 39-15633; AD 2008-16-15] (RIN: FAA-2007-0293; Airspace Docket No. 07-ANM- 8843. A letter from the Program Analyst, 2120-AA64) received September 19, 2008, pur- 18] received September 19, 2008, pursuant to 5 Department of Transportation, transmitting suant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule — Airworthiness mittee on Transportation and Infrastruc- Transportation and Infrastructure. Directives; Boeing Model 747-100, 747-100B, ture. 8835. A letter from the Program Analyst, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747- 8851. A letter from the Program Analyst, Department of Transportation, transmitting 300, 747-400, 747SR, and 747SP Series Air- Department of Transportation, transmitting the Department’s final rule — Establishment planes [Docket No. FAA-2007-0043; Direc- the Department’s final rule — Airworthiness of Low Altitude Area Navigation Route (T- torate Identifier 2007-NM-058-AD; Amend- Dierctives; Boeing Model 737-600, -700, -700C, Route); Southwest Oregon [Docket No. FAA- ment 39-15632; AD 2008-16-14] (RIN: 2120-AA64) -800, -900, and -900ER Series Airplanes [Dock- 2008-0038; Airspace Docket No. 07-ANM-16] re- received September 19, 2008, pursuant to 5 et No. FAA-2008-0413; Directorate Identifier ceived September 19, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 2008-NM-003-AD; Amendment 39-15631; AD U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. 2008-16-13] (RIN: 2120-AA64) received Sep- Transportation and Infrastructure. 8844. A letter from the Program Analyst, tember 19, 2008, pursuant to 5 U.S.C. 8836. A letter from the Program Analyst, Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting the Department’s final rule — Airworthiness tation and Infrastructure. the Department’s final rule — Establishment Directives; Diamond Aircraft Industries 8852. A letter from the Program Analyst, of Class E Airspace; Plains, TX [Docket No. GmbH Model DA 42 Airplanes [Docket No. Department of Transportation, transmitting FAA-2008-0683; Airspace Docket No. 08-ASW- FAA-2008-0685 Directorate Identifier 2008-CE- the Department’s final rule — Airworthiness 11] received September 19, 2008, pursuant to 5 037-AD; Amendment 39-15638; AD 2008-16-20] Directives; Boeing Model 777-200 Series Air- U.S.C. 801(a)(1)(A); to the Committee on (RIN: 2120-AA64) received September 19, 2008, planes [Docket No. FAA-2008-0520; Direc- Transportation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- torate Identifier 2008-NM-018-AD; Amend- 8837. A letter from the Program Analyst, mittee on Transportation and Infrastruc- ment 39-15630; AD 2008-16-12] (RIN: 2120-AA64) Department of Transportation, transmitting ture. received September 19, 2008, pursuant to 5 the Department’s final rule — Airworthiness 8845. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on Directives; APEX Aircraft Model CAP 10 B Department of Transportation, transmitting Transportation and Infrastructure. Airplanes [Docket No. FAA-2008-0470 Direc- the Department’s final rule — Airworthiness 8853. A letter from the Program Analyst, torate Identifier 2008-CE-026-AD; Amendment Directives; Pilatus Aircraft Ltd. Model PC-6 Department of Transportation, transmitting 39-15645; AD 2008-17-07] (RIN: 2120-AA64) re- Airplanes [Docket No. FAA-2008-0626 Direc- the Department’s final rule — Removal of ceived September 19, 2008, pursuant to 5 torate Identifier 2008-CE-035-AD; Amendment Class E5 Airspace; Madison, CT [Docket No. U.S.C. 801(a)(1)(A); to the Committee on 39-15637; AD 2008-16-19] (RIN: 2120-AA64) re- FAA-2008-0665; Airspace Docket 08-ANE-100] Transportation and Infrastructure. ceived September 19, 2008, pursuant to 5 received September 19, 2008, pursuant to 5 8838. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting Transportation and Infrastructure. Transportation and Infrastructure. the Department’s final rule — Airworthiness 8846. A letter from the Program Analyst, 8854. A letter from the Program Analyst, Directives; Boeing Model 737-100, -200, -200C, Department of Transportation, transmitting Department of Transportation, transmitting -300, -400, and -500 Series Airplanes [Docket the Department’s final rule — Airworthiness the Department’s final rule — Revision of No. FAA-2007-29174; Directorate Identifier Directives; McDonnell Douglas Model DC-8- Class E Airspace; Kivalina, AK [Docket No. 2007-NM-125-AD; Amendment 39-15641; AD 61, DC-8-61F, DC-8-63, DC-8-63F, DC-8-71F, and FAA-2008-0452; Airspace Docket No. 08-AAL- 2008-17-03] (RIN: 2120-AA64) received Sep- DC-8-73F Airplanes [Docket No. FAA-2008- 11] received September 19, 2008, pursuant to 5 tember 19, 2008, pursuant to 5 U.S.C. 0497; Directorate Identifier 2007-NM-096-AD; U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- Amendment 39-15629; AD 2008-16-11] (RIN: Transportation and Infrastructure. tation and Infrastructure. 2120-AA64) received September 19, 2008, pur- 8855. A letter from the Program Analyst, 8839. A letter from the Program Analyst, suant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Transportation, transmitting Department of Transportation, transmitting mittee on Transportation and Infrastruc- the Department’s final rule — Establishment the Department’s final rule — Airworthiness ture. of Class E Airspace; Pampa, TX [Docket No. Directives; PZL Swidnik S.A. Model W-3A 8847. A letter from the Program Analyst, FAA-2008-0610; Airspace Docket No. 08-ASW- Helicopters [Docket No. FAA-2008-0844; Di- Department of Transportation, transmitting 10] received September 19, 2008, pursuant to 5 rectorate Identifier 2007-SW-23-AD; Amend- the Department’s final rule — Airworthiness U.S.C. 801(a)(1)(A); to the Committee on ment 39-15635; AD 2008-16-17] (RIN: 2120-AA64) Directives; Rolls-Royce plc RB211-524 Series Transportation and Infrastructure. received September 19, 2008, pursuant to 5 Turbofan Engines [Docket No. FAA-2007-0036; 8856. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on Directorate Identifier 2007-NE-22-AD; Department of Transportation, transmitting Transportation and Infrastructure. Amendment 39-15636; AD 2008-16-18] (RIN: the Department’s final rule — Establishment 8840. A letter from the Program Analyst, 2120-AA64) received September 19, 2008, pur- of Colored and VOR Federal Airways; Alaska Department of Transportation, transmitting suant to 5 U.S.C. 801(a)(1)(A); to the Com- [Docket No. FAA-2007-0092; Airspace Docket the Department’s final rule — Airworthiness mittee on Transportation and Infrastruc- No. 07-AAL-18] received September 19, 2008, Directives; Airbus Model A310 Airplanes ture. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [Docket No. FAA-2008-0406; Directorate Iden- 8848. A letter from the Program Analyst, mittee on Transportation and Infrastruc- tifier 2007-NM-196-AD; Amendment 39-15640; Department of Transportation, transmitting ture. AD 2008-17-02] (RIN: 2120-AA64) received Sep- the Department’s final rule — Airworthiness 8857. A letter from the Program Analyst, tember 19, 2008, pursuant to 5 U.S.C. Directives; Short Brothers Model SD3-60 Air- Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- planes [Docket No. FAA-2008-0375; Direc- the Department’s final rule — Establishment tation and Infrastructure. torate Identifier 2007-NM-272-AD; Amend- of Class E Airspace; Emporium, PA [Docket 8841. A letter from the Program Analyst, ment 39-15627; AD 2008-16-09] (RIN: 2120-AA64) No. FAA-2007-0275; Airspace Docket No. 07- Department of Transportation, transmitting received September 19, 2008, pursuant to 5 AEA-15] received September 19, 2008, pursu- the Department’s final rule — Airworthiness U.S.C. 801(a)(1)(A); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee Directives; Dornier Model 328-100 Airplanes Transportation and Infrastructure. on Transportation and Infrastructure.

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8858. A letter from the Program Analyst, of Class E Airspace; Rome, NY [Docket No. Mr. KING of New York, Mr. RANGEL, Department of Transportation, transmitting FAA-2008-0308; Airspace Docket No. 08-AEA- Mr. ENGEL, Mr. TOWNS, Mr. WALSH of the Department’s final rule — Establishment 19] received September 19, 2008, pursuant to 5 New York, Mr. KUHL of New York, of Class E Airspace; Removal of Class E Air- U.S.C. 801(a)(1)(A); to the Committee on Mr. MCHUGH, Mrs. MCCARTHY of New space; Roanoke Rapids, NC [Docket No. Transportation and Infrastructure. York, Mrs. LOWEY, Mr. HALL of New FAA-2008-0307; Airspace Docket 08-AEA-18] 8868. A letter from the Program Analyst, York, Mr. MCNULTY, Mr. HINCHEY, received September 19, 2008, pursuant to 5 Department of Transportation, transmitting Mr. ISRAEL, Mr. CROWLEY, Mrs. U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule — Amendment of GILLIBRAND, Mr. ARCURI, Mr. SHAYS, Transportation and Infrastructure. Class E Airspace; Black River Falls, WI Mr. SMITH of New Jersey, Ms. 8859. A letter from the Program Analyst, [Docket No. FAA-2008-0024; Airspace Docket SLAUGHTER, Mr. HIGGINS, Ms. Department of Transportation, transmitting No. 08-AGL-4] received September 19, 2008, CLARKE, Mr. SERRANO, Mr. BISHOP of the Department’s final rule — Establishment pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- New York, Mr. ACKERMAN, and Mr. of Class E Airspace; Fort Collins, CO [Docket mittee on Transportation and Infrastruc- GARRETT of New Jersey): No. FAA-2008-0336; Airspace Docket No. 08- ture. H.R. 7174. A bill to amend the Public ANM-4] received September 19, 2008, pursu- 8869. A letter from the Program Analyst, Health Service Act to extend and improve ant to 5 U.S.C. 801(a)(1)(A); to the Committee Department of Transportation, transmitting protections and services to individuals di- on Transportation and Infrastructure. the Department’s final rule — Airworthiness rectly impacted by the terrorist attack in 8860. A letter from the Program Analyst, Directives; Hawker Beechcraft Corporation New York City on September 11, 2001, and for Department of Transportation, transmitting Model 390 Airplanes [Docket No. FAA-2008- other purposes; to the Committee on Energy the Department’s final rule — Airworthiness 0353; Directorate Identifier 2007-CE-101-AD; and Commerce, and in addition to the Com- Directives; EADS SOCATA Model TBM 700 Amendment 39-15620; AD 2008-16-02] (RIN: mittees on the Judiciary, and Ways and Airplanes [Docket No. FAA-2008-0627; Direc- 2120-AA64) received September 19, 2008, pur- Means, for a period to be subsequently deter- torate Identifier 2008-CE-033-AD; Amendment suant to 5 U.S.C. 801(a)(1)(A); to the Com- mined by the Speaker, in each case for con- 39-15647; AD 2008-17-09] (RIN: 2120-AA64) re- mittee on Transportation and Infrastruc- sideration of such provisions as fall within ceived September 19, 2008, pursuant to 5 ture. the jurisdiction of the committee concerned. 8870. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on By Ms. VELA´ ZQUEZ (for herself, Mr. Department of Transportation, transmitting Transportation and Infrastructure. CHABOT, Mr. DAVID DAVIS of Ten- the Department’s final rule — Airworthiness 8861. A letter from the Program Analyst, nessee, Ms. CLARKE, and Mr. Directives; BAE Systems (Operations) Lim- Department of Transportation, transmitting CUELLAR): ited (Jetstream) Model 4101 Airplanes [Dock- the Department’s final rule — Airworthiness H.R. 7175. A bill to amend the Small Busi- et No. FAA-2008-0541; Directorate Identifier Directives; DG Flugzeugbau GmbH Model ness Act to improve the section 7(a) lending 2008-NM-063-AD; Amendment 39-15624; AD DG-500MB Powered Sailplanes [Docket No. program, and for other purposes; to the Com- 2008-16-06] (RIN: 2120-AA64) received Sep- FAA-2008-0649; Directorate Identifier 2008- mittee on Small Business. tember 19, 2008, pursuant to 5 U.S.C. CE-038-AD; Amendment 39-15646; AD 2008-17- By Mrs. BONO MACK (for herself, Mr. 801(a)(1)(A); to the Committee on Transpor- 08] (RIN: 2120-AA64) received September 19, BARROW, and Mr. BARTON of Texas): tation and Infrastructure. 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the H.R. 7176. A bill to prohibit the installation Committee on Transportation and Infra- f on a computer of certain ‘‘peer-to-peer’’ file structure. REPORTS OF COMMITTEES ON sharing software without first providing no- 8862. A letter from the Program Analyst, PUBLIC BILLS AND RESOLUTIONS tice and obtaining consent from the owner or Department of Transportation, transmitting authorized user of the computer; to the Com- the Department’s final rule — Modification Under clause 2 of rule XIII, reports of mittee on Energy and Commerce. of Area Navigation Route Q-110 and Jet committees were delivered to the Clerk By Mr. BERMAN (for himself and Ms. Route J-73; Florida [Docket No. FAA-2008- for printing and reference to the proper ROS-LEHTINEN): 0187; Airspace Docket No. 07-ASO-27] re- calendar, as follows: H.R. 7177. A bill to authorize the transfer ceived September 19, 2008, pursuant to 5 Mr. OBERSTAR: Committee on Transpor- of naval vessels to certain foreign recipients, U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. H.R. 4131. A bill to and for other purposes; to the Committee on Transportation and Infrastructure. designate a portion of California State Route Foreign Affairs. considered and passed. 8863. A letter from the Program Analyst, 91 located in Los Angeles County, California, By Mr. DAVIS of Alabama (for himself, Department of Transportation, transmitting as the ‘‘Juanita Millender-McDonald High- Mr. ALTMIRE, and Mr. WALZ of Min- the Department’s final rule — Amendment of way’’ (Rept. 110–895). Referred to the House nesota): Class D and E Airspace; Altus AFB, OK Calendar. H.R. 7178. A bill to amend title 38, United [Docket No. FAA-2008-0339; Airspace Docket Mr. BRADY of Pennsylvania: Committee States Code, to improve the enforcement of No. 08-ASW-5] received September 19, 2008, on House Administration. H.R. 6589. A bill to the Uniformed Services Employment and Re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- provide financial support for the operation of employment Rights Act of 1994, and for other mittee on Transportation and Infrastruc- the law library of the Library of Congress, purposes; to the Committee on Veterans’ Af- ture. and for other purposes; with an amendment fairs, and in addition to the Committee on 8864. A letter from the Program Analyst, (Rept. 110–896 Pt. 1). Referred to the Com- the Judiciary, for a period to be subse- Department of Transportation, transmitting mittee of the Whole House on the State of quently determined by the Speaker, in each the Department’s final rule — Amendment of the Union. case for consideration of such provisions as Class E Airspace; Factoryville, PA [Docket Ms. SLAUGHTER: Committee on Rules. fall within the jurisdiction of the committee No. FAA-2007-29361; Airspace Docket 07-AEA- House Resolution 1514. Resolution waiving a concerned. 5] received September 19, 2008, pursuant to 5 requirement of clause 6(a) of rule XIII with By Mr. TOWNS (for himself and Mr. U.S.C. 801(a)(1)(A); to the Committee on respect to consideration of certain resolu- SHAYS): Transportation and Infrastructure. tions reported from the Committee on Rules H.R. 7179. A bill to amend the Public 8865. A letter from the Program Analyst, (Rept. 110–897). Referred to the House Cal- Health Service Act to provide coordinated Department of Transportation, transmitting endar. leadership in Federal efforts to prevent and the Department’s final rule — Modification DISCHARGE OF COMMITTEE reduce obesity and to promote sound health of Class D and Class E Airspace; Rome, NY Pursuant to clause 2 of rule XII the and nutrition among Americans, and for [Docket No. FAA-2008-0550; Airspace Docket other purposes; to the Committee on Energy 08-AEA-21] received September 19, 2008, pur- Committee on Transportation and In- and Commerce, and in addition to the Com- suant to 5 U.S.C. 801(a)(1)(A); to the Com- frastructure discharged from further mittee on Oversight and Government Re- mittee on Transportation and Infrastruc- consideration. H.R. 6589 referred to the form, for a period to be subsequently deter- ture. Committee of the Whole House on the mined by the Speaker, in each case for con- 8866. A letter from the Program Analyst, State of the Union. sideration of such provisions as fall within Department of Transportation, transmitting the jurisdiction of the committee concerned. f the Department’s final rule — Revision of By Mr. BLUMENAUER (for himself, Class E Airspace; Red Dog, AK [Docket No. PUBLIC BILLS AND RESOLUTIONS Mr. PAYNE, Mr. MANZULLO, Ms. JACK- FAA-2008-0457; Airspace Docket No. 08-AAL- Under clause 2 of rule XII, public SON-LEE of Texas, Mr. SHAYS, Mr. 16] received September 19, 2008, pursuant to 5 bills and resolutions of the following GEORGE MILLER of California, Mr. U.S.C. 801(a)(1)(A); to the Committee on LATOURETTE, and Mr. JONES of North Transportation and Infrastructure. titles were introduced and severally re- Carolina): 8867. A letter from the Program Analyst, ferred, as follows: H.R. 7180. A bill to enhance the capacity of Department of Transportation, transmitting By Mrs. MALONEY of New York (for the United States Government to fully im- the Department’s final rule — Modification herself, Mr. NADLER, Mr. FOSSELLA, plement the Senator Paul Simon Water for

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the Poor Act of 2005 and to improve access to By Mrs. MCCARTHY of New York: qualifying quantity or quality losses for the safe drinking water and sanitation through- H.R. 7188. A bill to amend the Truth in 2008 crop year due to a natural disaster; to out the world; to the Committee on Foreign Lending Act to establish certain advertising the Committee on Agriculture. Affairs. and disclosure requirements with respect to By Mr. LAMBORN (for himself and Mr. By Mr. BLUMENAUER (for himself, tax refund anticipation loans, and for other WITTMAN of Virginia): Mr. KIND, Mr. MCDERMOTT, Mr. purposes; to the Committee on Financial H. Con. Res. 437. Concurrent resolution rec- FATTAH, Ms. HOOLEY, and Mr. WU): Services. ognizing and congratulating the City of Col- H.R. 7181. A bill to amend title XVIII of the By Mr. GARY G. MILLER of Cali- orado Springs, Colorado, as the new official Social Security Act to provide for coverage fornia: site of the National Emergency Medical under the Medicare Program for consulta- H.R. 7189. A bill to ensure that any trou- Services Memorial Service and the ‘‘Tree of tions regarding orders for life sustaining bled assets relief program of the Treasury Life’’ National EMS Memorial honoring treatment and to provide grants for the de- provides for purchase of vacant properties emergency medical services personnel who velopment and expansion of programs for backing such troubled assets by regional have died in the line of duty; to the Com- such orders; to the Committee on Energy public-private partnerships to retain the mittee on Energy and Commerce. and Commerce, and in addition to the Com- value of such real estate, stabilize commu- By Ms. LEE (for herself, Mr. CONYERS, mittee on Ways and Means, for a period to be nities, and minimize the fiscal impact on Ms. CLARKE, Mrs. CHRISTENSEN, Mr. subsequently determined by the Speaker, in taxpayers; to the Committee on Financial FATTAH, Ms. WATSON, Ms. NORTON, each case for consideration of such provi- Services. Mr. RUSH, Mr. WATT, Ms. WATERS, sions as fall within the jurisdiction of the By Mr. GARY G. MILLER of Cali- Mr. JOHNSON of Georgia, Mr. committee concerned. fornia: CUMMINGS, Mr. HASTINGS of Florida, By Ms. GINNY BROWN-WAITE of Flor- H.R. 7190. A bill to provide for the reform Ms. MOORE of Wisconsin, Mr. SCOTT ida: of fair value accounting standards applicable of Georgia, Mr. TOWNS, Ms. JACKSON- H.R. 7182. A bill to amend the Immigration to financial institutions; to the Committee LEE of Texas, Ms. EDWARDS of Mary- and Nationality Act to include in the defini- on Financial Services. land, Mr. LEWIS of Georgia, Mr. RAN- tion of the term ‘‘aggravated felony’’ a By Ms. SCHWARTZ: GEL, Mr. MEEK of Florida, Ms. EDDIE criminal violation committed by an alien H.R. 7191. A bill to amend title XIX of the BERNICE JOHNSON of Texas, Mr. JEF- who unlawfully entered the United States; to Social Security Act to encourage the use of FERSON, Ms. CORRINE BROWN of Flor- the Committee on the Judiciary. certified health information technology by ida, and Mr. BISHOP of Georgia): By Mr. ENGEL (for himself and Mr. providers in the Medicaid and SCHIP pro- H. Con. Res. 438. Concurrent resolution ex- ENGLISH of Pennsylvania): grams, and for other purposes; to the Com- pressing the sense of Congress with regard to H.R. 7183. A bill to direct the Secretary of State to work with the Government of Brazil mittee on Energy and Commerce. providing humanitarian assistance to coun- and the governments of other countries in By Ms. SCHWARTZ: tries of the Caribbean devastated by Hurri- the Western Hemisphere to develop partner- H.R. 7192. A bill to amend the Public canes Gustav and Ike and Tropical Storms ships to strengthen diplomatic relations and Health Service Act and the Social Security Fay and Hanna; to the Committee on For- energy security by accelerating the develop- Act to increase the number of primary care eign Affairs. ment of biofuels production, research, and physicians and to improve patient access to By Mr. HALL of Texas: infrastructure, and for other purposes; to the primary care services, and for other pur- H. Res. 1512. A resolution expressing sup- Committee on Foreign Affairs, and in addi- poses; to the Committee on Energy and Com- port for designation of February 8, 2010, as tion to the Committee on Financial Serv- merce, and in addition to the Committees on ‘‘Boy Scouts of America Day’’ in celebration ices, for a period to be subsequently deter- the Judiciary, Education and Labor, and of the 100th anniversary; to the Committee mined by the Speaker, in each case for con- Ways and Means, for a period to be subse- on Oversight and Government Reform. sideration of such provisions as fall within quently determined by the Speaker, in each By Mr. FOSTER: the jurisdiction of the committee concerned. case for consideration of such provisions as H. Res. 1513. A resolution providing for the By Mr. FLAKE: fall within the jurisdiction of the committee printing of a revised edition of the Rules and H.R. 7184. A bill to amend the Immigration concerned. Manual of the House of Representatives for and Nationality Act to authorize certain By Mr. SHERMAN (for himself and Mr. the One Hundred Eleventh Congress; consid- aliens who have earned a Ph.D. degree from ROYCE): ered and agreed to. a United States institution of higher edu- H.R. 7193. A bill to require a report on busi- By Mr. SALI (for himself, Mr. BART- cation in a field of science, technology, engi- ness and investment climates in foreign LETT of Maryland, and Mr. SESSIONS): neering, or mathematics to be admitted for countries, and for other purposes; to the H. Res. 1515. A resolution amending the permanent residence and to be exempted Committee on Foreign Affairs. Rules of the House of Representatives to from the numerical limitations on H-1B non- By Ms. SOLIS: strengthen the point of order against the immigrants; to the Committee on the Judici- H.R. 7194. A bill to distribute proceeds consideration of congressional earmarks, ary. from greenhouse gas emissions allowance and for other purposes; to the Committee on By Ms. FOXX: auctions to low and moderate income house- Rules, and in addition to the Committee on H.R. 7185. A bill to amend titles 23 and 49, holds, through refundable tax credits for Standards of Official Conduct, for a period to United States Code, to repeal wage require- wage earners and senior citizens and month- be subsequently determined by the Speaker, ments applicable to laborers and mechanics ly rebates to low-income citizens, to offset in each case for consideration of such provi- employed on Federal-aid highway and public any loss in purchasing power such house- sions as fall within the jurisdiction of the transportation construction projects; to the holds may experience as a result of the regu- committee concerned. lation of greenhouse gas emissions; to the Committee on Transportation and Infra- f structure, and in addition to the Committee Committee on Ways and Means, and in addi- on Education and Labor, for a period to be tion to the Committees on Energy and Com- ADDITIONAL SPONSORS merce, and Education and Labor, for a period subsequently determined by the Speaker, in Under clause 7 of rule XII, sponsors each case for consideration of such provi- to be subsequently determined by the Speak- sions as fall within the jurisdiction of the er, in each case for consideration of such pro- were added and resolutions as follows: committee concerned. visions as fall within the jurisdiction of the H.R. 154: Mrs. BONO MACK. By Mr. GENE GREEN of Texas: committee concerned. H.R. 699: Mr. KUHL of New York. H.R. 7186. A bill to amend title 49, United By Mr. WHITFIELD of Kentucky: H.R. 741: Mr. MCKEON. States Code, with respect to the regulation H.R. 7195. A bill to entitle affected partici- H.R. 819: Mr. CASTLE. of solid waste by the Environmental Protec- pants under a pension plan referred to in the H.R. 1074: Mr. ISRAEL. tion Agency; to the Committee on Transpor- USEC Privatization Act to payment for ben- H.R. 1279: Mr. MCGOVERN. tation and Infrastructure, and in addition to efit increases not received; to the Committee H.R. 1283: Mrs. DAVIS of California. the Committee on Energy and Commerce, for on Energy and Commerce, and in addition to H.R. 1967: Mr. CARTER. a period to be subsequently determined by the Committee on Ways and Means, for a pe- H.R. 2045: Mrs. BONO MACK . the Speaker, in each case for consideration riod to be subsequently determined by the H.R. 2713: Mr. SOUDER. of such provisions as fall within the jurisdic- Speaker, in each case for consideration of H.R. 2870: Ms. SCHAKOWSKY. tion of the committee concerned. such provisions as fall within the jurisdic- H.R. 2965: Ms. EDWARDS of Maryland. By Mr. MATHESON: tion of the committee concerned. H.R. 3212: Mr. SMITH of Washington and Mr. H.R. 7187. A bill to amend the Federal By Mr. CAZAYOUX (for himself, Mr. BAIRD Food, Drug, and Cosmetic Act with respect ALEXANDER, and Mr. MELANCON): H.R. 3929: Ms. MCCOLLUM of Minnesota. to nutrition labeling of food offered for sale H.R. 7196. A bill to require the Secretary of H.R. 4138: Mr. COURTNEY and Mr. SALAZAR. in food service establishments; to the Com- Agriculture to provide crop disaster assist- H.R. 4236: Mr. CAZAYOUX. mittee on Energy and Commerce. ance to agricultural producers that suffered H.R. 4294: Mr. ARCURI.

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H.R. 5268: Ms. ROYBAL-ALLARD. Ms. DELAURO, Mr. RODRIGUEZ, Ms. CORRINE H.R. 7122: Ms. BORDALLO. H.R. 5635: Mr. CARNEY and Mr. WHITFIELD BROWN of Florida, Mr. COHEN, MR. RAHALL, H.R. 7124: Mr. AKIN and Mr. CANNON. of Kentucky. Ms. EDWARDS of Maryland, Mr. CLEAVER, MS. H.R. 7125: Mr. BLUMENAUER, Ms. H.R. 5673: Mr. GINGREY. HIRONO, Mr. WALBERG, Mr. ROTHMAN, Mr. SCHAKOWSKY, Ms. SUTTON, and Mr. MCGOV- H.R. 5714: Mr. CASTLE, Mr. FOSSELLA, Mr. MCCAUL of Texas, Mr. KNOLLENBERG, Mr. ERN. SAM JOHNSON of Texas, Mrs. SCHMIDT, Mr. LATOURETTE, Mr. FOSTER, Mr. PETRI, Mr. H.R. 7162: Mr. GONZALEZ. GOODLATTE, Mr. BONNER, Mr. BRADY of KINGston, and Mr. PASCRELL. H. Con. Res. 424: Mr. TOWNS, Mr. BRADY of Texas, Mr. COLE of Oklahoma, Mr. KING of H. R. 5734: Mr. ROSKAM. Pennsylvania, Mr. KILDEE, Mr. ORTIZ, Ms. OGERS ORTER Iowa, Mr. R of Alabama, Mr. P , H. R. 5878: Mr. HOLT and Ms. ROYBAL-AL- SCHAKOWSKY, Ms. MATSUI, and Mr. Hinche. Mr. REHBERG, Mr. SMITH of Nebraska, Mr. LARD. H. Con. Res. 426: Mr. ELLISON. PAUL, Mr. LINDER, Mr. FRANKS of Arizona, H. R. 6076: Mr. NADLER and Mr. BERMAN. H. Con. Res. 428: Mrs. MYRICK and Mr. Mr. ROHRABACHER, Mr. RADANOVICH, Mr. H. R. 6127: Mr. LATHAM and Mr. PLATTS. MCCOTTER. PITTS, Mr. FRELINGHUYSEN, Mr. HOBSON, Mr. H. R. 6160: Ms. BORDALLO. H. Res. 245: Mr. DAVIS of Kentucky and Mr. SIMPSON, Mr. ROGERS of Michigan, Mr. SHU- H. R. 6203: Mr. SERRANO and Ms. SUTTON. PASCRELL. STER, Mr. DAVID DAVIS of Tennessee, Mr. H. R. 6259: Mr. PASCRELL. H. Res. 373: Mr. CONYERS. SALI, Mr. MARCHANT, Mr. TERRY, Mr. H. R. 6324: Mr. ENGEL. H. Res. 1017: Ms. HIRONO. SHIMKUS, Mr. STEARNS, Mr. BUYER, Ms. HAR- H. R. 6407: Ms. SCHAKOWSKY. H. Res. 1437: Mrs. BACHMANN. MAN, Ms. SLAUGHTER, Ms. LEE, Mr. MICHAUD, H. R. 6562: Mr. MCCOTTER and Mr. MITCH- H. Res. 1462: Mr. COHEN, Ms. SCHAKOWSKY, Mr. INGLIS of South Carolina, Mr. BAIRD, Mr. ELL. Mrs. TAUSCHER, Mr. MCDERMOTT, Mr. THOMP- BECERRA, Mr. BERMAN, Mr. BLUMENAUER, Mr. H. R. 6643: Mr. VAN HOLLEN. SON of Mississippi, Ms. Tsongas, Mrs. CAPPS, BOSWELL, Mrs. CAPPS, Mr. CHANDLER, Ms. H. R. 6749: Mr. GRIJALVA. Mr. PASCRELL, and Ms. GIFFORDS. CLARKE, Mr. CLYBURN, Mr. COOPER, Mr. H. R. 6787: Mr. BAIRD. H. Res. 1478: Mr. REGULA, Mr. MCCAUL of COSTELLO, Mr. DONNELLY, Ms. ESHOO, Mr. H. R. 6869: Mr. CARNEY, Mr. HIGGINS, and Texas, and Ms. SCHAKOWSKY. GENE GREEN of Texas, Mr. GUTIERREZ, Mr. Mr. GONZALEZ. H. Res. 1483: Mr. CROWLEY and Mr. HASTINGS of Florida, Ms. HERSETH SANDLIN, H. R. 6873: Mr. KUCINICH. GALLEGLY. Mr. HILL, Ms. HOOLEY, Mr. KENNEDY, Mr. LI- H. R. 6896: Mr. DANIEL E. LUNGREN of Cali- PINSKI, Mr. MATHESON, Mr. MELANCON, Mr. fornia and Mr. ENGLISH of Pennsylvania. f MOLLOHAN, Mr. NEAL of Massachusetts, Mr. H. R. 6913: Ms. WATERS. POMEROY, Mr. SCOTT of Virginia, Ms. WA- H. R. 6939: Ms. HERSETH SANDLIN. TERS, Mr. WILSON of Ohio, Mrs. MCMORRIS H.R. 6987: Mr. PEARCE, and Mrs. BACHMANN. DELETIONS OF SPONSORS FROM RODGERS, Mr. RUSH, Mr. SALAZAR, Mr. PICK- H.R. 7003: Mr. BISHOP of New York. PUBLIC BILLS AND RESOLUTIONS ERING, Mr. RYAN of Ohio, Mr. KING of New H.R. 7013: Ms. SCHAKOWSKY. Under clause 7 of rule XII, sponsors York, Ms. EDDIE BERNICE JOHNSON of Texas, H.R. 7032: Mrs. BONO Mack. were deleted from public bills and reso- Mr. BARTON of Texas, Ms. SUTTON, Mr. H.R. 7056: Ms. SCHAKOWSKY. LANGEVIN, Mr. HALL of Texas, Mr. MCGOV- H.R. 7113: Mr. RYAN of Ohio. lutions as follows: ERN, Mr. BURTON of Indiana, Ms. GIFFORDS, H.R. 7119: Mr. MCHUGH. H. Con. Res. 421: Mr. LIPINSKI.

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TRIBUTE TO SUE BOSTON people during the past three years. Dr. TRIBUTE TO THE WINNEBAGO DeTeresa came to work for Congress volun- SCOUT RESERVATION HON. TOM LATHAM tarily to help his country during a time of war. OF IOWA During his time here, he has been a scientific HON. TOM LATHAM IN THE HOUSE OF REPRESENTATIVES and technical advisor to the Chairman and to OF IOWA Thursday, September 25, 2008 the Committee on Armed Services. He has IN THE HOUSE OF REPRESENTATIVES conducted critically important work for the Thursday, September 25, 2008 Mr. LATHAM. Madam Speaker, I rise today country on force protection issues such as ve- to recognize Sue Boston of Marshalltown, hicle and body armor, counter-IED or impro- Mr. LATHAM. Madam Speaker, I rise today to congratulate the Winnebago Scout Res- Iowa as the recipient of the Governor’s Volun- vised explosive device technologies, and per- teer Award for her time spent volunteering in ervation on its 50th anniversary. The Winne- sistent surveillance technologies. He also has the Marshalltown Community School District. bago Scout Reservation is located near Mar- been an essential member of our Oversight The Governor’s Volunteer Award program ble Rock, Iowa and serves over 4,500 people was established to honor and recognize volun- and Investigations Subcommittee Staff. per year. teers for the commitment, service and time On behalf of the House of Representatives In 1954, the need for scouting programs ex- that they contribute to Iowa’s government and the Armed Services Committee, let me ceeded the capacity of the 25 acre campsite, agencies and nonprofit organizations. Sue has personally thank Dr. DeTeresa for his service Camp Roosevelt, in Ventura, Iowa. The Win- volunteered with the Marshalltown Community to the Nation and to the men and women of nebago Boy Scout Council decided to build a School District for 20 years, contributing her our Armed Services. I wish the best for him, new camp with three sites being considered. time and talents to improving the lives of area his wife Patti, and their children Catherine and With the promotion of the Marble Rock loca- students and the community as a whole. Peter. tion by the local scout leader and Executive I consider it a great honor to represent Sue board member, Arnold Staudt, the 450 acre lo- Boston in the United States Congress, and I f cation in the Marble Rock area was selected wish her the best as she continues to provide as the new camp site. a positive impact on young people and her PERSONAL EXPLANATION The Winnebago Scout Reservation hosts community in the years to come. many programs including Cub Scouts, Polar f Bear Hunt, Spring Fling, Shooting Sports HON. CHARLES A. GONZALEZ Weekend, and PALS. The camp also allows TRIBUTE TO DR. STEVEN J. other public groups to reserve the grounds for DETERESA OF TEXAS their use. IN THE HOUSE OF REPRESENTATIVES Over the last 50 years, the Winnebago HON. IKE SKELTON Scout Reservation has thrived at meeting the OF MISSOURI Thursday, September 25, 2008 needs of area scouts and the surrounding IN THE HOUSE OF REPRESENTATIVES community. I congratulate the Winnebago Mr. GONZALEZ. Madam Speaker, due to Thursday, September 25, 2008 Scout Reservation on this historic anniversary. important business in my district, I was unable It is an honor to represent each scout member Mr. SKELTON. Madam Speaker, it has to be in Washington, DC, on September 22 and the council staff in the United States Con- come to my attention that Dr. Steven J. and the morning of September 23. gress, and I wish the Winnebago Scout Res- DeTeresa will soon complete his detail to the Had I been present, I would have cast the ervation an equally storied future. Committee on Armed Services of the United following votes: f States House of Representatives. Dr. DeTeresa was detailed from the Law- Monday, September 23, 2008— TRIBUTE TO CONGRESSMAN LOUIS rence Livermore National Laboratory (LLNL) to Yes, H.R. 6685—To authorize the Secretary STOKES ON THE 40TH ANNIVER- the Committee on June 1, 2005. He received of the Interior to provide an annual grant to fa- SARY OF HIS ELECTION TO CON- his Bachelor of Science and Master of Engi- cilitate an iron working training program for GRESS neering in Biomedical Engineering from Native Americans (Rep. LYNCH—Natural Re- Rensselaer Polytechnic Institute and his Mas- sources). HON. JESSE L. JACKSON, JR. ter of Science and Ph.D. in Polymer Science Yes, H.R. 1907—Coastal and Estuarine OF ILLINOIS and Engineering from the University of Massa- IN THE HOUSE OF REPRESENTATIVES chusetts. Dr. DeTeresa worked as visiting sci- Land Conservation Program Act (Rep. entist for the Institute Donegani in Novara and SAXTON—Natural Resources). Thursday, September 25, 2008 the University of Naples, Italy; as a research Yes, H.R. 6853—Nationwide Mortgage Mr. JACKSON of Illinois. I rise today to pay fellow for the University of Massachusetts; and Fraud Task Force Act of 2008 (Rep. MEEK— tribute to an extraordinary man, former Con- in various research and project management Judiciary). gressman Louis Stokes on the 40th anniver- positions at LLNL for the past 20 years. sary of his election to the U.S. House of Rep- Dr. DeTeresa has over thirty-five years ex- Tuesday, September 23, 2008— resentatives. perience in leadership positions and in con- Yes, Motion on Ordering the Previous Ques- The Congressman’s achievements and leg- ducting independent research and develop- tion on the Rule for H.R. 5244—The Credit acy continue to be celebrated through scholar- ment projects for defense and commercial ap- Cardholders’ Bill of Rights Act of 2008 (H. ship programs, building designations and plications of materials. He is an expert in the Res. 1476). many other initiatives that bear his name. In 1998, Howard University recognized Con- mechanics of materials, structure-mechanical Yes, H. Res. 1476—Rule providing for con- property relationships, fundamental aspects of gressman Stokes with its designation of the sideration of H.R. 5244—The Credit Card- aging and long-term behavior, process Louis Stokes Health Services Library. On Sep- holders’ Bill of Rights Act of 2008. science, and failure analysis and modeling. tember 28, 2008, colleagues and friends will Dr. DeTeresa has made great contributions Yes, S.J. Res. 45—Great Lakes-St. Law- commemorate this important occasion at this to the work of our committee, the Armed rence River Basin Water Resources Compact state-of-the-art research facility on the Univer- Forces of the United States, and the American (Sen. LEVIN—Judiciary) Suspension bill. sity’s campus in Washington, DC.

● 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 Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.000 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 22857 Congressman Stokes’ historic election in grew to more than 80 acres. By 1914, the little Description of Request: Provide an earmark 1968 marked the beginning of 30 years of dis- town boasted 200 inhabitants. of $800,000 for Consortium for Bone and Tis- tinguished service to the state of Ohio and the That same year Allensworth became its own sue Repair and Regeneration. It is my under- nation. His leadership as a founding member voting precinct, as well as its own judicial dis- standing that Missouri University of Science of the Congressional Black Caucus; a member trict. Tragically, Col. Allensworth was killed on and Technology and the University of Mis- of the powerful House Appropriations Com- September 14, 1914, when he was hit by a souri—Kansas City would use $175,000 in mittee; his chairmanship on the Select Com- motorcycle while getting off a streetcar in funding for major equipment purchases includ- mittee on Assassinations; chair of the House Monrovia. After a funeral at the Second Bap- ing a digital x-ray machine; $625,000 for re- Permanent Select Committee on Intelligence; tist Church in Los Angeles, he was buried with search personnel and supplies. chair of the House Ethics Committee; service full military honors. Requesting Member: Congresswoman JO on the Iran Contra panel; and the legislative Over the years, the population dwindled in ANN EMERSON. proposals that he successfully authored the small town. In 1970, there was an effort to Bill Number: H.R. 2638. throughout his tenure in Congress, earned save the town as an historic monument and Account: Air Force RDT&E, Line 23, Elec- Chairman Stokes the respect of his constitu- park dedicated to the memory of Col. tronic Combat Technology, PE 0603270F. ents and the admiration of his colleagues on Allensworth and the achievements and con- Legal Name of Requesting Entity: Brewer both sides of the aisle. tributions of African Americans to the history Science, Inc. I have had the privilege of following in Con- of California. Address of Requesting Entity: 2401 Brewer gressman Stokes’ footsteps with my service In 1974, California State Parks purchased Drive, Rolla, MO 65401. on the House Appropriations Committee, spe- land within the historical town site of Description of Request: Provide an earmark cifically the Subcommittee on Labor, Health, Allensworth, and it became Colonel of $1,600,000 to develop Three-dimensional and Human Services, and Education. On the Allensworth State Historic Park. A collection of microstructures. Approximately, $1,120,000 Labor, Health and Education Subcommittee, restored early 20th-century buildings—includ- (70 percent) is for engineering, design and Congressman Stokes drafted the blueprint to ing the Colonel’s house, historic schoolhouse, simulation work required to develop new 3–D end health disparities. Congressman Stokes’ Baptist church, and library—sit within the park. microdevice manufacturing techniques for the pioneering efforts as the first African-American Today, I ask that my colleagues join me in microelectronics industry, where two-dimen- to serve on the Appropriations Committee can celebrating the rich history of Allensworth and sional device fabrication is the norm; $160,000 be seen today in JIM CLYBURN, CAROLYN its lasting legacy as an inspirational art of the (10 percent) for outside engineering support; CHEEKS-KILPATRICK, CHAKA FATTAH, SANFORD State of California. $320,000 (20 percent) for materials and sup- BISHOP, BARBARA LEE, and me. f plies necessary for the conduct of this devel- Congressman Stokes, I congratulate you opment effort and for the construction of 3–D EARMARK DECLARATION and thank you for your leadership. devices. f Requesting Member: Congresswoman JO HON. JO ANN EMERSON ANN EMERSON. RECOGNIZING THE 100TH ANNIVER- OF MISSOURI SARY OF ALLENWORTH, CALI- Bill Number: H.R. 2638. IN THE HOUSE OF REPRESENTATIVES Legal Name of Requesting Entity: Battelle FORNIA Thursday, September 25, 2008 Memorial Institute, Fort Leonard Wood Oper- HON. DEVIN NUNES Mrs. JO ANN EMERSON. Madam Speaker, ations. in accordance with the February 2008 New Address of Requesting Entity: 571 VFW Me- OF CALIFORNIA morial Drive, Ste. 5, St. Robert, MO 65584. IN THE HOUSE OF REPRESENTATIVES Republican Earmark Standards Guidance, I submit the following: Account: OSD—Joint Ground Robotics En- Thursday, September 25, 2008 Requesting Member: Congresswoman JO terprise, RDT&E, Defense-wide, Line 40 PE Mr. NUNES. Madam Speaker, I rise today ANN EMERSON. 06030711D8Z Joint Robotics/Autonomous with great pride to recognize the 100th Anni- Bill Number: H.R. 2638. Systems. versary of Allensworth—a small town in Tulare Account: RDTE,N 14 0602782N Mine and Description of Request: Provide an earmark County, California, founded, financed and gov- Expedition Warfare Applied Research. of $800,000 in the FY 09 Defense Budget to erned by African Americans. The town was Legal Name of Requesting Entity: Missouri complete the prototyping and demonstration of created in 1908 by Col. Allen Allensworth, a University of Science and Technology. a modeling, simulation and analysis capability visionary man with an extraordinary life. Address of Requesting Entity: 1870 Miner for autonomous behaviors of robotic systems Allen Allensworth was born a slave in Louis- Circle, Rolla, MO 65409. in an operational environment. Approximately, ville, Kentucky, in 1842. At the age of 12, he Description of Request: Provide an earmark $128,000 [or 16 percent] is for improvement of was sold for trying to learn to read and write. of $2,000,000 for Detection and Neutralization systems within the Maneuver Support Battle He was taken to New Orleans and bought by of Electronically Initiated Improvised Explosive Laboratory; $672,000 [or 84 percent] for two a slaveholder to become a jockey. Devices. It is my understanding that this fund- development teams working in the Govern- When the Civil War started and Union ing will provide $200,000 for Navy administra- ment’s Laboratory to develop the necessary forces neared Louisville, Allensworth seized tive costs, $900,000 for instrumentation devel- applications and interfaces as well as the de- the opportunity to gain his freedom by joining opment, research and administrative costs velopment of the Demonstration. the Navy. Prior to being discharged, he had with Missouri S&T partner General Dynamics, f achieved the rank of first class petty officer. In $160,000 for faculty salary, $80,000 for a 1871, he was ordained as a Baptist minister technician, $135,000 for graduate students, TRIBUTE TO DENNIS OLEJNICZAK and entered the Baptist Theological Institute at $200,000 for equipment (including: instrumen- AND GENE SCHULTZ Nashville. While serving at the Union Baptist tation to develop a fieldable prototype to rap- Church in Cincinnati, he learned of the need idly detect electronics associated IEDs, instru- HON. TOM LATHAM for African American chaplains in the armed mentation to develop a fieldable prototype to OF IOWA services and got an appointment as Chaplain neutralize electronics associated with IEDs, IN THE HOUSE OF REPRESENTATIVES of the 24th Infantry. downmixing receivers, amplifiers, general lab Thursday, September 25, 2008 At the time of the Civil War, Allensworth supplies), $235,000 for overhead. saw many African Americans move west to Requesting Member: Congresswoman JO Mr. LATHAM. Madam Speaker, I rise today escape discrimination. With four other men ANN EMERSON. to recognize Gene Schultz of Lansing, Iowa with a similar vision, he decided to establish a Bill Number: H.R. 2638. and Dennis Olejniczak of Decorah, Iowa for place where African Americans could live and Account: RDTE, A 28 0602787A Medical their service and dedication to their schools’ thrive without oppression. On June 30, 1908, Technology. baseball teams. they formed the California Colony Home Pro- Legal Name of Requesting Entity: Missouri Together, their record is astounding: more moting Association. University of Science and Technology. than 2,500 wins, 12 state championships and The town of Allensworth began with 20 Address of Requesting Entity: 1870 Miner 24 tournament appearances in a combined 79 acres in southwest Tulare County, and later Circle, Rolla, MO 65409. years of high school baseball. But what is

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.000 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22858 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 September 27, 2008 more interesting and incredible is that Gene FINANCE PLAN Legal name of entity making request: Cytec Schultz and Dennis Olejniczak coach at rival Requesting Member: Rep. RALPH M. HALL. Engineered Materials. high schools 35 miles apart. Bill Number: H.R. 2638. Address: 4300 Jackson Street, Greenville, Although Iowa has multiple seasons of high Account: Air Force, RDT&E, Line 192, PE TX 78420. school baseball, which is one of the reasons 0305207F, Manned Reconnaissance Systems. RECIPIENT REQUEST CERTIFICATION FORM—DETAILED for the high numbers, it truly comes down to Project Name: Rivet Joint ISR Network Inte- FINANCE PLAN their coaching philosophies. North Fayette’s gration. Project Name: Prepreg Thickness Variability Dan Hovden, said this of Schultz and Legal Name of Requesting Entity: L–3 Com- Reduction Program. Olejniczak, ‘‘They both have a high regard for munications Integrated Systems. Requested by Congressman RALPH HALL the game. They put the team above them- Address of Requesting Entity: 10001 Jack (TX–4). selves and obviously it shows up in the end.’’ Finney Boulevard, Greenville, TX 75403. Total Requested funding FY09: $1.6 million. I thank and congratulate both Gene Schultz Anticipated sources of funding for the dura- Justification of the use of Federal funds: and Dennis Olejniczak for their hard work and tion of the project: Additional funding would be This program will reduce the variability of Car- commitment to coaching high school baseball. provided by the Air Force to procure this capa- bon fiber prepreg, the raw material that pro- It is a great honor to represent Gene and Den- bility after successful demonstration of the de- vides the basis for strong durable, light-weight nis in the United States Congress, and I wish velopmental prototype, in their future years composite aircraft structures. It is predomi- them the best. budget requests. nantly used by the Air Force, Navy, Marine f Percent and source of required matching Corps and the airline industry to fabricate air- craft structures such as wing skins. A major EARMARK DECLARATION funds: N/A, this program is providing a good or service to the Department of Defense. impediment to assembling composite aircraft Justification for use of federal taxpayer dol- structural components is the dimensional mis- HON. RALPH M. HALL lars: The RIVET JOINT will provide networking match of composite parts which may produce OF TEXAS upgrades that will enable it to fully collaborate rough edges, overlays, or gaps between parts. IN THE HOUSE OF REPRESENTATIVES with a variety of Intelligence Surveillance and Much of this mismatch is due to variations that Thursday, September 25, 2008 Reconnaissance (ISR) nodes so that more ef- occur in component manufacturing. Funding Mr. HALL of Texas. Madam Speaker, pursu- fective projections of threat environments can has been applied to efforts to reduce variation ant to the Republican Leadership standards ba made. Detailed analysis of RIVET JOINT in component manufacturing by the Air Force on earmarks, I am submitting the following in- operations shows that full integration of and the prime contractors. Unfortunately, formation for publication in the CONGRES- networked capabilities will result in a 25 per- funds have not been directed towards efforts SIONAL RECORD regarding earmarks I received cent improvement in critical Threat Analysis to reduce variation by refining the raw mate- as part of, H.R. 2638—The Consolidated Se- Measures of Effectiveness for priority dual-use rial—carbon fiber prepreg. Lower prepreg vari- curity, Disaster Assistance, and Continuing commercial communication threat environ- ation will avoid the purchase of costly preci- Appropriations Act, 2009. ments. The specific threats that will be ad- sion machining equipment by program part- A. Rivet Joint ISR Networth Integration dressed by this system upgrade are the high- ners, estimated at $80 million, to mitigate sur- (0305207F 192 MANNED RECONNAIS- est priority threats to ongoing military oper- face and component part deviations. Federal SANCE SYSTEMS.) The entity to receive ations. funding is justified in this effort to reducing the funding for this project is L–3 Integrated Sys- Detailed finance plan: $750,000 is for Non- variability of prepreg to help the Joint Strike tems, located at 10001 Jack Finney Blvd., Recurring Engineering Design and Develop- Fighter program and others meet the goal of Greenville, TX 75402. The funding would be ment; $750,000 is for Manufacture Design and reducing the overall variability of composite used to provide networking upgrades that will Production of Networked Speech, Geo-Loca- parts. This is vital to reduce the weight of air- enable it to fully collaborate with a variety of tion, and Reach-back Processing and Data craft, as well as to promote optimal stealth ca- Intelligence Surveillance and Reconnaissance Base Access Applications; and $500,000 is for pabilities. (ISR) nodes so that more effective projections Labor, Materials, and System Installation and DETAILED BUDGET FOR VARIATION REDUCTION DEVELOPMENT PROGRAM of threat environments can be made. Integration on one Rivet Joint aircraft. B. PrePreg Thickness Variability Reduction Materials: Program (0603680F 29 MANUFACTURING RECIPIENT REQUEST CERTIFICATION FORM Resin and prepreg production, production TECHNOLOGY PROGRAM.) The entity to re- None of the funding requested will be used trials, feedstock variations, customer shop ceive funding for this project is Cytec Engi- for a new building, program, or project that trials, and packaging supplies: $100K. neered Materials, located at 4300 Jackson has been named for a sitting Member of Con- Deliverables: Street, Greenville, TX 78402. The funding gress. If the building, program, or project is al- (1) Develop and demonstrate the necessary would be used to reduce the variability of ready named after a sitting Member of Con- equipment and processes for production. prepreg thickness to +/¥1 percent, which is a gress, please state when that naming oc- (2) Document aerospace production control substantial improvement over even foreign curred. documents (PCD) for JSF Program technical prepreg capabilities. Reducing variation signifi- None of the funding requested will be used approval and signature. cantly complements and enhances the ad- to secure funds for other entities unless the Labor: vancements expected to be made in the areas use of funding is consistent with the specified Scientist, technicians, mechanics, testing of tooling and manufacturing. These achieve- purpose of the earmark. personnel, and production operators: $160K. For requests where the receiving entity is Deliverables: ments are crucial for Cytec’s military and com- (1) Direct the work to be done, optimize mercial partners. not a unit of federal, state or local govern- process, execute plan scale up work. C. Stryker Common Active Protection Sys- ment, or where the entity receiving the funding (2) Ensure best practice sharing of manu- tem (APS) Radar (0603653A 62 ADVANCED will not be providing support to a Federal, state, or local government, or will not be pro- facturing engineering development. TANK ARMAMENT SYSTEMS (ATAS).) The Testing: entity to receive funding for this project is viding research, the requesting entity is to pro- Fiber testing, production of composites, and Raytheon Network Centric Systems, located at vide matching funds including in-kind contribu- testing of the composite coupons: $1130K. 2501 West University, McKinney, TX 75070. tions of 5 percent or more above statutory re- Deliverables: APS is an externally mounted vehicle protec- quirement. (1) Generate meaningful composite material tion system that identifies, discriminates and Attachment of detailed finance plan must in- data, demonstrating alignment to heritage me- intercepts RPGs, mortars, antitank guided mis- clude: anticipated sources of the funding for chanical test data bases. siles and artillery projectiles after they are the duration of the project; percent and source (2) Review data and correlate to end-use launched toward a combat vehicle. The sys- of required matching fund; and justification for application. tem consists of the Multi-Function Radio Fre- use of federal taxpayer dollars. Contract Administration: $30K. quency (MFRF) radar, launchers, fire control Name of person certifying: Steven C. Overhead and Contract Management: processors and countermeasures. Speak. $100K. Please see attached for financial plan of Title of person certifying: President. Contingency/Miscellaneous Travel, part-time each project. Neither I nor my spouse has any Project name: Prepreg Thickness Variability resources, contingent raw material needs: financial interest in these projects. Reduction Program. $80K.

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.000 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 22859 Total Budget: $1600K. nately, aggressive logging practices on Fed- The Old Print Shop celebrates 110 years STRYKER COMMON ACTIVE PROTECTION SYSTEM (APS) eral land have eliminated much of our Nation’s under four generations of Newman family. RADAR remaining forests and their native biological di- Its headquarters for almost 75 of those Bill Number and Account: H.R. 2638, versity. This is a sensible bill to limit aggres- years has been on Lexington Avenue in an RDT&E, Army, Line 62. sive logging and protect our forests and our unpretentious brownstone with old wooden Name and Address of Recipient: Raytheon environment. floors and antique display cases. The shop Company, 2501 West University Drive, McKin- The Act to Save America’s Forests bans has been described as having Old World ney, TX, 75070. clearcutting in all Federal forests. It also ends charm. At the helm are second and third gen- Program Description/Use of FY09 Funding: logging in the last virgin forests, roadless eration Newman’s who enjoy what has been Active Protection System (APS) is an exter- areas, and other core regions of the Federal the hallmark of the shop, buying and selling nally mounted vehicle protection system that forest system. The bill allows for limited and fine prints, maps, and books. identifies, discriminates and intercepts rocket ecologically sustainable logging in lands that The Old Print Shop has supplied prints and propelled grenades (RPGs), mortars, antitank have already been logged outside of core for- paintings to many public and private art collec- guided missiles and artillery projectiles after est areas. tions including the Library of Congress, the they are launched toward a combat vehicle. An important provision of the bill transfers State Department, and the National Portrait The system consists of the Multi-Function jurisdiction of the Giant Sequoia National Gallery. It strives to present a friendly and Radio Frequency (MFRF) radar, launchers, Monument from the Forest Service to the Park helpful atmosphere to both experts and begin- fire control processors and countermeasures. Service to manage and protect this important ning collectors. The comfortable interior en- In March, 2006, the Army competitively award- ecological asset. The Forest Service has con- courages browsing through the thousands of ed a contract with two options for APS. Option tinued to allow logging of the sequoias, which prints, which are organized by subject, artist, A for the Short Range Countermeasure is in is not acceptable, and the courts finally put a and size. The shop has grown considerably development and will integrate RPG protection stop to this egregious practice. My constituent, since its humble beginnings as a portrait gal- into current combat vehicles, beginning with Martin Litton, has fought tirelessly for decades lery and now carries a broad selection of Stryker. Option B will address the longer to protect the magnificent giant sequoia trees American graphic arts from the 18th, 19th, range threats and is a sub-system to the Hit and the congressional action proposed in the 20th, and 21st centuries and a wide selection Avoidance Suite for the Future Combat Sys- Act to Save America’s Forests will ensure their of antique maps. The Old Print Shop has also tems (FCS) fleet of Manned Ground Vehicles long term protection. expanded by taking over the ground floor of (MGV). In 2007, the Army accelerated the re- This year, the bill includes a new provision the adjoining building at 152 Lexington Ave- quirement for Stryker by designating it a crit- for the Department of Interior to conduct envi- nue, where the focus is on art reference, illus- ical component of Spin Out 2, the second in- ronmental surveys to identify ecosystems not trated, fine art, and color plate books. crement of FCS technologies to be fielded to currently included in our national park system. Following in the footsteps of his father, the the Current Force in the 2010–2012 time- These studies will identify needs to ensure late Harry Shaw Newman, his son, Kenneth frame. Due to budget constraints, the FY09 that our national parks will preserve as much M. Newman, helped to build many collections President’s budget request does not contain natural diversity as possible. of American primitive art and to concentrate funding to support APS integration onto Preserving our forests not only ensures that the attention of the public on American Stryker. we will maintain the natural beauty of our Na- printmakers, especially Currier & Ives and The additional FY09 funding of $1.6M will tion, it will help mitigate climate change by re- other publishers from the 18th, 19th, 20th, and allow ruggedization of the Environmental Con- ducing carbon emissions. Forests are an im- 21st centuries. trol Unit (ECU) for tactical application (e.g., portant carbon storage medium and the Inter- Robert K. Newman, Kenneth’s elder son, submergence) on Stryker, as well as software governmental Panel on Climate Change esti- and his younger son, Harry Shaw Newman, and hardware development for system com- mated that deforestation accounts for 20–25 share in their father’s knowledge and love of mand and control, including the man-machine percent of annual greenhouse gas emissions. prints, paintings, and art history. In recent interface. In 2006, the Environmental Protection Agency years, Robert K. Newman’s son, Brian has Anticipated Sources of Funding: APS devel- estimated that forests in the U.S. absorbed joined the shop as fourth generation in the opment is funded under the FCS MGV budget enough carbon dioxide to offset 11 percent of business. line, but there is no dedicated funding to sup- our country’s emissions. Logging reduces the Madam Speaker, I ask that the House rec- port APS development for Stryker in FY08 or capacity of our forests to absorb carbon diox- ognize this remarkable family who have con- FY09. The Army originally requested funding ide from the atmosphere, so unless we act tributed so much toward the preservation and in FY08 for Stryker APS but has since reallo- now to prevent aggressive logging, we could appreciation of American history through their cated the funding to support power manage- lose 50–80 percent of our carbon storage ca- business acumen at the Old Print Shop in ment and the other upgrades Stryker needs to pacity and reduce our ability to mitigate the ef- New York City and their associated gallery, accommodate FCS Spin Outs. Additional fund- fects of climate change. the Old Print Gallery in Washington, DC. ing is anticipated through future years’ budg- The Act to Save America’s Forests will en- f ets, but details of the 10–15 POM are un- sure that future generations of Americans will TRIBUTE TO DAVE GUTZ known at this time. inherit and enjoy our Nation’s irreplaceable Matching Funds: N/A. natural forest treasures. Justification for Use of Taxpayer Dollars: I’m very proud to introduce this bipartisan HON. TOM LATHAM This project aims to accelerate delivery of a bill with 70 cosponsors and I urge my col- OF IOWA validated military need intended to enhance leagues on both sides of the aisle to join me IN THE HOUSE OF REPRESENTATIVES protection of Army soldiers and vehicles. As a in supporting this important piece of legisla- Thursday, September 25, 2008 priority military initiative, this program will be tion. Mr. LATHAM. Madam Speaker, I rise today funded through Federal expenditures. f to recognize Dave Gutz, of Jefferson, Iowa f 110TH ANNIVERSARY OF THE OLD who competed in the 100 yard dash and in INTRODUCTION OF THE ACT TO PRINT SHOP golf at the 2008 U.S. Transplant Games in SAVE AMERICA’S FORESTS Pittsburgh, PA. Four years ago, Dave Gutz found out that HON. RODNEY P. FRELINGHUYSEN his only kidney, the other one was damaged OF NEW JERSEY HON. ANNA G. ESHOO at birth and was later removed, was failing OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES and he was immediately put on dialysis for IN THE HOUSE OF REPRESENTATIVES Thursday, September 25, 2008 twenty-five months. A year later, Dave was Thursday, September 25, 2008 Mr. FRELINGHUYSEN. Madam Speaker, I placed on the transplant list and it took at Ms. ESHOO. Madam Speaker, I rise today rise to recognize the 110th anniversary of the least another eighteen months before a kidney to offer the Act to Save America’s Forests. Old Print Shop, an American and New York was available. Last September he received Our forests are an extraordinary natural re- landmark located at 150 Lexington Avenue in the gift of life—the kidney he needed to sur- source which must be preserved. Unfortu- New York City. vive.

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.000 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22860 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 September 27, 2008 Hosted by the National Kidney Foundation, provided gainful employment to thousands of Some people, are put upon this earth . . . So the Transplant Games are an Olympic-style my constituents and other citizens nationwide. sent down from our Lord above, to but event for athletes who have received life- I understand that Global Staffing has dem- teach us all above faith’s true fine worth! To Teach Us To Reach Us, To saving organ transplants. It provides the ath- onstrated good corporate citizenship, sup- So Touch All Our Hearts . . . inside all letes an opportunity to celebrate that they sur- porting the local community through scholar- of our souls here first! vived and flourished. The Games have twelve ships for at-risk children, food drives for the Against all odds! When, all the chips are different events and the athletes have the op- homeless, and grants to domestic abuse sup- down . . . only where heart’s of faith so portunity to win either a gold, silver, and port agencies. found . . . In such courage now, do our bronze medal. Westmoreland, Inc. was founded by Dennis hearts astound . . . all in Heroes like Dave Gutz’s courage and perseverance is Westmoreland a service-disabled veteran of Sue Downes! In Hearts As Found! an inspiration to all of us. I am honored to rep- two tours in Vietnam, who has for many years Susan Downes was a gunner in Afghani- resent Dave Gutz in the United States Con- given his time and energy to working with and stan. She is an F4 in The United States Army. gress and I know that my colleagues join me supporting other veterans at VA hospitals in She lost both her feet and part of her legs in in congratulating him and wish him success in Colorado. an IED explosion. She is from Tazewell, Ten- the future. I congratulate the management and staff of nessee, is married to her husband Gabriel, f Global Staffing and Westmoreland for this and they have two wonderful children named award and wish them continued success in Austin and Alexis. CONGRESSIONAL TRIBUTE the future. HONORING RAYMOND RIVERA, JR. f f HON. CHARLES A. GONZALEZ WHEN, IN HEARTS AS FOUND TRIBUTE TO LTG JOHN R. WOOD OF TEXAS IN THE HOUSE OF REPRESENTATIVES HON. ZACH WAMP HON. IKE SKELTON Thursday, September 25, 2008 OF TENNESSEE OF MISSOURI IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. GONZALEZ. Madam Speaker, I rise today to honor a constituent of mine, Mr. Ray- Thursday, September 25, 2008 Thursday, September 25, 2008 mond Rivera, Jr., who was recently awarded Mr. WAMP. Madam Speaker, this poem was Mr. SKELTON. Madam Speaker, it has the ‘‘Regional Hero’’ award by the National written to honor a great American patriot, Sue come to my attention that LTG John R. Wood Association of Letter Carriers. Downes of Claiborne County, Tennessee. is retiring from the U.S. Army. Mr. Rivera, a member of the NALC’s San WHEN, IN HEARTS AS FOUND Lieutenant General Wood graduated from Antonio Branch 421, was honored this past When, In Hearts As Found! Such things as so the U.S. Military Academy at West Point in week by the NALC for rescuing two little girls astounds . . . When all else fails, as 1972. He has served in many posts, including who were being attacked by a pair of pit bulls when courage comes to crest . . . when as the platoon leader to the commanding gen- in San Antonio. Heroically, he grabbed one of heard in ones heart such sounds! Beat- eral of the 2nd Infantry Division of the 8th U.S. the pit bulls by the face as it was biting a ing . . . beating all in ones chest so Army—Republic of South Korea, as a National child. With the help of another Good Samari- now . . . Are but all those heroes, Security Fellow to the White House, and as a tan, the two saved the children and restrained magnificent’s who so wear that crown commander at the U.S. Joint Forces Com- ... the animals for 45 minutes until authorities ar- mand’s Joint Experimentation Directorate. rived. One child received more than 100 That crown worn of Hero so now . . . Who Lieutenant General Wood has overseen the stitches after the accident, but without Mr. Ri- must so rebuild their lives, someway . . . somehow . . . Whose greats hearts Joint Forces Command’s missions on training, vera, the incident could have very well been do so astound, as does so one so Susan experimentation and integration for the U.S. catastrophic. Downes! military. Lieutenant General Wood is a highly San Antonio is grateful for everyday heroes While, marching off to war . . . Leaving be- decorated commander, earning the Bronze such as Mr. Rivera who are setting great ex- hind, all that she so loved and adored Star, Legion of Merit, the Meritorious Service amples for the rest of our community. I’m . . . But for her family and sweet coun- Medal, and many others. The General also pleased to recognize his actions and bravery try tis of thee, as was her burden bore holds advanced degrees from the University of of that day, and I’m honored to call him a con- . . . who could but ask for more? Chicago and the U.S. Army Command and stituent. With her two strong legs so lost . . . Is that General Staff College. f not what heaven is for? Paying such a Madam Speaker, LTG John R. Wood is a great price, such a cost . . . this her al- valuable member of his community, but more- RECOGNIZING THE ACCOMPLISH- batross . . . As she came home, and her over, an honorable soldier. His dedication to MENTS OF GLOBAL STAFFING, courageously fine heart would not so the Armed Forces should certainly be noted. I INC., AND WESTMORELAND, INC. be lost! know the Members of the House will join me For in this war . . . Unlike, none before . . . women have all given so much more! in thanking Lieutenant General Wood for his HON. MARK UDALL All at the ready . . . all out in front service in the U.S. military, and in wishing him OF COLORADO ever steady while on the hunt, for our and his family nothing but the best in the IN THE HOUSE OF REPRESENTATIVES freedom to so insure . . . many years to come. Thursday, September 25, 2008 But, in life . . . There are new battles, and new wars . . . Only won by heart’s of f Mr. UDALL of Colorado. Madam Speaker, I gold so fine and pure, that which so rise to congratulate Westmoreland/GTG JV, a touch us all with their sacrifice all the INTRODUCTION OF H.R. 7063, THE venture of Global Staffing, Inc., and West- more . . . Building day by day, passing U.S. AND THE WORLD EDU- moreland, Inc., on its recognition as a ‘‘Top heartache’s way . . . lifting up her CATION ACT 100 Veteran Owned Business in America’’ and head . . . This Magnificent Force . . . a ‘‘Top 100 Disabled Owned Business in In Susan Downes . . . In what was lost, we so HON. LORETTA SANCHEZ see in life . . . against all odds, what so America’’ by Diversity Business Magazine. OF CALIFORNIA From what I have heard of Westmoreland/ can be found! When Courage Crests, as her faith does us so bless . . . when but IN THE HOUSE OF REPRESENTATIVES GTGS JV, a service-disabled, veteran-owned the best of all heart’s so astounds . . . small business, this recognition is well de- Thursday, September 25, 2008 Could we, would we? Ever find the such served. strength to go off to war, then come Ms. LORETTA SANCHEZ of California. I’m told that for the 17 years that Global back home and fight one more? To re- Madam Speaker, I rise today to urge my col- Staffing has operated in my district, it has pro- build where none lies left, without leagues to support H.R. 7063, the U.S. and vided quality service to commercial enterprises arms or legs . . . not to cry or beg, to the World Education Act, which I introduced in and government agencies. Global Staffing has so touch our Lord! the House this week.

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.000 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 22861 This bill addresses the need to improve stu- the prestigious Dartmouth College in New service. I consider it an honor to represent dent awareness of and achievement in inter- Hampshire. Jack served in the Army Air Corps Bob in Congress, and I wish him a long, national education so they will be able to com- for 3 years and was 1st Lieutenant in the Pa- happy and healthy retirement. pete in an information age world that is con- cific Theatre during World War II. He was also f stantly shrinking due to rapid technological ad- one of the select few who flew the B–32 vances. bomber in the Philippines during that conflict. IN MEMORY OF PETTY OFFICER This bill will create a grant program to fund After his military service Mr. Blackburn re- JOSHUA T. HARRIS international education professional develop- turned home and became a partner of ment for elementary and secondary teachers, Blackburn Russell, a grocery distributor in HON. DUNCAN HUNTER and related supplemental extracurricular activi- Bedford. OF CALIFORNIA ties for students. These activities could include When Jack became a member of the Bed- IN THE HOUSE OF REPRESENTATIVES Model U.N., geography bees, and foreign lan- ford Memorial Hospital Board of Directors in Thursday, September 25, 2008 guage clubs, among many others. 1955 he was following a path paved by his fa- In addition, H.R. 7063 would establish an ther, John Blackburn, Sr., who has been one Mr. HUNTER. Madam Speaker, I rise today international education research repository of the original Board members. Jack’s service to honor and pay tribute to the life and mem- containing scientifically valid education re- to the hospital was anything but in his father’s ory of former Petty Officer First Class Joshua search, and promising and exemplary prac- shadow. He served on 12 different hospital T. Harris, who was killed during combat oper- tices related to international education and for- committees administering everything from the ations in Afghanistan last week. Joshua was a eign language education. This repository Buildings and Grounds Committee to the Con- native of Lexington, North Carolina, and was would be available to state and local edu- gestive Heart Failure Committee. He was deployed to Afghanistan from an assignment cational agencies in order to continually im- elected Secretary of the Board in 1964 and at the Naval Special Warfare Development prove their international education curriculum served in that role until he was elected Vice- Group in Dam Neck, Virginia. and teaching methods. President in 1976. Ten years later Jack found Joshua graduated from Lexington Senior This bill supports improvements in the way himself elevated to the position of President of High School where he distinguished himself as international education is taught in the class- the Board of Directors. His position was re- an outstanding linebacker earning both all- room, and encourages students and teachers titled in 1994 making him Chairman of the county and all-conference honors. He enrolled to engage in life-long learning on the various Board. After 22 years of leading the Board, in Davison College in Davison, North Carolina, topics involved in international education, such and 53 years of service overall, Jack made where he studied studio art before pursuing as foreign languages, geography, world his- the decision to step down and enjoy retire- graduate studies in architecture at the Univer- tory, international economics and international ment. sity of North Carolina. culture. Mr. Blackburn and his late wife, Elizabeth After enlisting in the Navy on August 23, These days with just a simple computer dedicated their lives to improving their commu- 2000, Joshua attended Navy SEAL training in mouse click, we can create personal or pro- nity. Jack has been an active member and California. fessional relationships with anyone around the leader in the Bedford community for many Joshua Harris is survived by his mother world. In the workplace, American-based mul- years and is well respected. A life of servitude Evelyn, his father Sam, his twin sister Mary- tinational corporations and small businesses to one’s community is something to be proud Maria Kirstin and his older brother, Sam are increasingly in need of employees with of. It is also not one that is easy to step away Ranchor. He will always be remembered by knowledge of foreign languages and cultures. from, because in a man like Jack Blackburn, his family and friends as a competitive athlete Future generations need to be equipped the desire to help others and the community is with a passion or art and design. with a skill-set that will help them be success- something that never truly disappears. I would I would like to share with my colleges a ful and meet the demands of a global work- like to wish Mr. Blackburn all the best in his poem penned by Albert Carey Caswell in force. H.R. 7063, the U.S. and the World Edu- future endeavors. It is my pleasure to honor memory of Petty Officer First Class Joshua cation Act will help prepare our students and Mr. Blackburn today for his many years of Harris, recognizing his heroism and sacrifice our country for the global economy of the fu- service to the Bedford Community, and I hold to America. The poem titled ‘‘Thou Art’’ reads ture. him up as a model example of good citizen- as follows: f ship. THOU ART TRIBUTE TO JOHN R. BLACKBURN, f A thing of Beauty . . . A sheer work of art . . . JR. TRIBUTE TO BOB AHRENS Can only come but from deep inside one’s heart . . . HON. BILL SHUSTER HON. TOM LATHAM From only deep down inside one’s soul . . . All in the brush strokes of a lifetime so . . . OF PENNSYLVANIA OF IOWA All on the canvass of a life behold . . . IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES To all hearts and minds, and souls . . . Thursday, September 25, 2008 Thursday, September 25, 2008 A thing of faith and courage, so! A thing of beauty . . . Mr. SHUSTER. Madam Speaker, I rise Mr. LATHAM. Madam Speaker, I rise to rec- A work of art . . . today in honor of John R. Blackburn, Jr., ognize the retirement of a local Ogden, Iowa To warm all hearts as we grow old . . . Chairman of the UPMC Bedford Memorial mechanic, Bob Ahrens and to express my ap- As was your fine life Josh, so . . . Board of Directors. Mr. Blackburn will be retir- preciation for his dedication and commitment All in courage’s quote . . . ing after 53 years of service to the UPMC to his community. All in the seeds of freedom you so sowed . . . Bedford Memorial Hospital. During his tenure For 41 years, Bob has been fixing cars for As left behind, to all hearts which spoke . . . John, or Jack, as he prefers to be known, has his friends, neighbors and strangers in the All upon your fine canvass of life as lies such hope . . . served in multiple leadership roles and has Ogden area. He is known for doing quality car Which but means the very most . . . been active in a variety of committees includ- repairs without costing a fortune to his cus- That so touches all of our hearts and souls ing the Finance Committee and the Scholar- tomers. He also has performed many jobs on ... ship Committee. Jack helped form the Memo- cars where he did not bother to collect the Is but your fine portrait of life, that which rial Hospital of Bedford County Foundation, money owed to him. His long-time business you so wrote! worked on the Spring House Estates project, has been a staple holding the community’s Painted, all there by your oh so magnificent and was a key player during the transition of transportation needs together, and his serv- heart of gold . . . the hospital to the University of Pittsburgh ices will be greatly missed. All in this your Honor’s Code . . . Is but left a fine reflection of your very soul! Medical Center. Bob Ahrens selfless, hardworking Iowa Bringing Light! Mr. Blackburn was born on December 19, mentality has set a lasting standard for the Bringing Hope! 1922 and has been a life-long resident of Bed- people of the Ogden community. I know that As in the darkest days of war you fought . . . ford County. After graduating from Bedford my colleagues in the United States Congress Such a thing of beauty Joshua, as you Thou High School he enrolled and graduated from join me in commending Bob Ahrens for his Art!

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00006 Fmt 0689 Sfmt 0634 E:\BR08\E27SE8.000 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22862 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 September 27, 2008 Are but the colors of your heart . . . patient’s illness, at no cost to the patient. The RECOGNIZING THE HONORABLE All in this your life’s design! grants will be made available to existing and RON LEWIS ON THE OCCASION Reminds us all, how against all odds your OF HIS RETIREMENT courage climbed . . . new patient advocacy programs. As against the darkest of all evil’s you so Madam Speaker, to ensure that patients shined . . . facing serious illness are able to effectively All in your Seal of Honor burning bright . . . HON. JO BONNER To win that day, that night! address the major issues that confront them OF ALABAMA Shining, all in your most sacrificial light during their illness, it is vitally important that ... they have access to professional case man- IN THE HOUSE OF REPRESENTATIVES Burning bold, burning bright . . . blessing all agement services. The Patient Advocate Act of us here this night! will provide communities with the ability to es- Thursday, September 25, 2008 For Joshua, how so you lived and died . . . Brings such tears, even to The Angels eyes! tablish patient advocate programs to assist pa- Mr. BONNER. Madam Speaker, I rise today As so surely, it was but Heaven Joshua you’d tients as they negotiate the challenges of seri- to honor the distinguished career of the Hon- find! ous illness. I urge my colleagues to support orable RON LEWIS for his service to the people As we gaze upon this Masterpiece, all in the this bill. life you so left behind! of Kentucky and the United States House of Mount Up Seal . . . Your new battle has Representatives. Congressman LEWIS has begun . . . f represented the 2nd Congressional District of It’s your new war to be won! the state of Kentucky for the past 14 years. All as an Angel in The Army of Our Lord, my TRIBUTE TO JERRY HOWELL son! RON was born and raised in South Shore, Now with wings of courage full . . . Kentucky. He graduated from McKell High A thing of beauty . . . HON. TOM LATHAM School and worked his way through Morehead A work of art . . . State University before transferring to the Uni- Joshua, my most magnificent of all sons . . . OF IOWA You are Thou Art! versity of Kentucky, where he received a IN THE HOUSE OF REPRESENTATIVES Amen. . . . Bachelor of Arts in history and political f Thursday, September 25, 2008 science. Following graduation, he worked as a salesman and then taught at a business col- INTRODUCTION OF LEGISLATION Mr. LATHAM. Madam Speaker, I rise to rec- lege in Louisiana. He returned to Morehead THE PATIENT ADVOCATE ACT ognize the retirement of Jerry Howell, organist State and earned a Master of Arts in Higher at the Maxwell Church of the Brethren and Education and then attended Southern Baptist HON. ROBERT C. ‘‘BOBBY’’ SCOTT Loring United Methodist Church of Maxwell, Seminary and became an ordained Baptist OF VIRGINIA Iowa, and to express my appreciation for his minister. IN THE HOUSE OF REPRESENTATIVES dedication and commitment to his church and RON has long been an ardent supporter of Thursday, September 25, 2008 community. our national defense. In 2005, he and the en- Mr. SCOTT of Virginia. Madam Speaker, ac- For the past 50 years, Jerry has contributed tire Kentucky delegation successfully fought cess to quality, affordable health care is crit- his time and talents to his church community. the closing of Fort Knox, one of our nation’s ical to the well being of our citizens. With 46 He began piano lessons at the age of 11. In premier military installations employing nearly million uninsured, including 9 million children, 1958, the organist at Santiago Methodist 9,000 personnel. Due in large part to RON’s and many more underinsured, we must focus Church in rural Mitchellville retired, and at the on strengthening our existing system as we leadership during this most recent round of age of 14, Jerry was called up to the organ base realignment, Fort Knox was designated continue to work to assure that quality health bench. In 1989, Jerry and his wife Opal trans- care is available to all. The Patient Advocate to remain open and to keep the majority of our ferred their church membership to Loring Act will assist patients, particularly those with nation’s gold reserves. United Methodist Church in rural Maxwell, a chronic illness, in successfully meeting the From his post on the powerful Ways and Iowa. The organist at Loring retired, and Jerry challenges brought on by their illness. Means Committee, RON has been a champion was back on the organ bench. For the past 10 Patients battling a life-threatening illness are for farmers in his heartland district. He spon- generally ill-equipped to negotiate with insur- years, he was the organist for both Loring and sored the Rural Communities Investment Act, ance companies, hospitals and other medical Maxwell Church of the Brethren. which provides tax incentives to make interest providers. Advocates will be available to assist It is estimated that in the past 50 years, income on farm real estate and certain rural with job retention and other debt crisis mat- Jerry has played for 2,700 Sunday morning ters, while the patients are dealing with the re- housing loans exempt from federal taxation. services, 120 funerals and 25 weddings. Un- ality of their illness at the same time. The lim- He has also worked to develop alternative ited network of existing patient advocate pro- fortunately, Jerry’s career has been cut short fuels made from crops grown in his district, grams have proven their value and cost effec- with his diagnosis of age-related macular de- sponsoring legislation to promote increased tiveness. It is in the best interest of the patient generation that has caused blurry vision that use of ethanol and biodiesel, made from corn to have someone available to advocate on makes reading and playing the music difficult. and soybeans. their behalf while suffering from chronic ill- Although he no longer plays the organ at Madam Speaker, I ask my colleagues to join ness. church, the memories of Jerry’s musical con- me in recognizing a dedicated leader and Madam Speaker, the Patient Advocate Act tributions live on, and he continues to be an friend to many in this body. I know his family, would establish a demonstration grant pro- active member of his community. gram for State, local, tribal and non-profit enti- his wife, Kayi; his two children, Ronald Brent ties to develop and operate patient advocate Beyond retiring from his service at church, and Allison Faye; and his many friends and programs. The programs will assist patients in Jerry also retired from his job as an account- colleagues join me in honoring his accomplish- resolving health insurance, job retention, debt ing technician at the Iowa Department of ments and extending thanks for his service crisis and other problems related to the pa- Transportation a year and a half ago, and he over the years on behalf of the commonwealth tients’ diagnosis and illness. Specific services has taken the opportunity to travel around the of Kentucky and the United States of America. include negotiating pre-authorization claims, country while his vision remains strong RON will surely enjoy the well deserved time expediting the appeals process on contested enough. I consider it an honor to represent he now has to spend with his family and loved claims, resolving billing errors and other bill Jerry Howell in the United States Congress, ones. I wish him the best of luck in all his fu- issues, resolving debt crises, brokering re- and I wish him a long, happy and healthy re- ture endeavors. sources to supplement limits to insurance, tirement as he continues to serve his commu- gaining access to services for the uninsured, nity and travel around the country. and addressing other problems related to the

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.000 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 22863 HONORING MISS ALLISON Legal Name of Requesting Entity: Chester- training for Army soldiers. This project sup- SCHMITT UPON HER ACHIEVE- field County, VA. ports the increase in trainee requirements at MENT OF THE BRONZE MEDAL Address of Requesting Entity: 9901 Lori Fort Lee as part of the increase in permanent IN THE 2008 SUMMER OLYMPICS Road, Chesterfield, VA, 23832, USA. end strength of the Army. The estimated and Description of Request: Provide $250,000 to intended use is 1200 soldiers. All existing ade- HON. THADDEUS G. McCOTTER enhance perimeter security at the Chesterfield, quate facilities are being fully utilized to sup- OF MICHIGAN VA Emergency Operations Center to assure port current operations. If this project is not the safety of personnel during response ef- IN THE HOUSE OF REPRESENTATIVES provided, there will not be sufficient adequate forts, as well as the protection of our emer- permanent facilities to support the Grow the Thursday, September 25, 2008 gency response critical infrastructure. The Force initiative and soldiers will continue to Mr. MCCOTTER. Madam Speaker, today I Emergency Operations Center (EOC) is a work out of temporary and/or relocatable build- rise to honor and acknowledge Miss Allison highly sensitive public safety agency. The ings which have limited operational capabilities Schmitt upon her achievement of the Bronze function of the EOC is to provide information and limited useful life expectancies. Full budg- Medal in the Women’s 4x200 Meter Freestyle to public safety providers and citizens on a et documentation is a part of the President’s Relay in the 2008 Summer Olympics. range of items to include criminal activity, ter- Fiscal Year 2009 Department of Defense Allison Schmitt was born in Pittsburgh, rorist activity or natural disasters. In the event budget request. Pennsylvania on June 7, 1990. At the age of of a terrorist or an individual(s) who may want Requesting Member: Congressman J. 9, she began her swimming career with the to hinder or interrupt the public safety system RANDY FORBES. in the County, the logical place to strike is the Plymouth Canton Cruiser in Canton, MI. Alli- Bill Number: H.R. 2638. son then went on to join the Ann Arbor Swim EOC. In order to mitigate the risk of sabotage Club at the age of 12. During her high school or criminal activity, providing physical security Account: Military Construction, Army. career, Allison swam Varsity all four years she to our facility is necessary. Legal Name of Requesting Entity: Fort Lee. attended Canton High, and was also acknowl- Requesting Member: Congressman J. Address of Requesting Entity: Fort Lee, VA, edged by her team as the MVP all four years. RANDY FORBES. USA. During her time at Canton High School, Allison Bill Number: H.R. 2638. Description of Request: Provides Account: Military Construction, Navy. was named All-State a total of eight times, two $10,300,000 to provide a dining facility to sup- Legal Name of Requesting Entity: Norfolk per year of attendance, and was named Michi- port an increase in the number of soldiers who Naval Shipyard. gan High School Swimmer of the Year in will receive Advanced Individual Training at Address of Requesting Entity: Norfolk Naval 2006. In her senior year, Allison was Canton Fort Lee. This project supports the Grow the Shipyard, Portsmouth, VA, USA. High’s Swim Team Captain. Allison is a ten Force initiative. It will enable the Army to meet Description of Request: Provide $9,990,000 time All-American athlete and holds two Michi- the greater training throughput requirement to make Industrial Access Improvements at gan State High School records. that will result from the increased size of the Main Gate 15 at the Norfolk Naval Shipyard. In December of 2007, Allison began training Army. All existing adequate facilities are being Mandatory vehicle access control at military with Club Wolverine’s High Performance fully utilized to support current operations as installations is a Department of Defense (DoD) Group, under Coach Bob Bowman. In January well as Army Modularity and Global Defense requirement per DoD Directives 5200.8 and 2008, Allison graduated from Canton High Posture Realignment (GDPR) initiatives. If this 5200.8R. Based on a Staff Integrated Vulner- School to train for the Olympic trials. On July project is not provided, there will not be suffi- ability Assessment conducted in October 2, 2008, Allison made the USA Olympic team cient adequate dining facilities to support the 2006, the entrance and guardhouse configura- and subsequently achieved a national age training requirement as a result of the Grow tion at Gate 15 are inadequate for both indus- group record in the 200 meter freestyle. the Force initiative. All physical security meas- trial access and from a security/safety stand- On August 14, 2008, the United States ures and antiterrorism protection measures point and require upgrading. This project pro- Women’s 4x200 meter Freestyle Relay team are included. The Deputy Assistant Secretary vides for industrial access improvements of consisting of Allison Schmitt, Natalie Coughlin, of the Army (Installations and Housing) cer- Gate 15 including the truck and private auto- Caroline Burckle, and Katie Hoff broke the tifies that this project has been considered for mobile inspection area, Pass Office Renova- American record and swam the relay in joint use potential. Full budget documentation tions and counter terrorism measures at Gate 7:46.33, achieving a third place finish and a is a part of the President’s Fiscal Year 2009 15. bronze medal. Department of Defense budget request. Madam Speaker, today, I ask my colleagues Requesting Member: Congressman J. to join me in wishing Allison every success as RANDY FORBES. Requesting Member: Congressman J. she attends the University of Georgia, where Bill Number: H.R. 2638. RANDY FORBES. she will continue her swimming career during Account: Military Construction, Army Na- Bill Number: H.R. 2638. the fall of 2008; and in congratulating and tional Guard. Account: Research, Development, Test and thanking Miss Allison Schmitt upon her win- Legal Name of Requesting Entity: Fort Pick- Evaluation, Defense-Wide. ett. ning the bronze medal as a member of the Legal Name of Requesting Entity: Virginia Address of Requesting Entity: Fort Pickett, United States Women’s 4x200 Freestyle Relay Modeling, Analysis and Simulation Center. Team for making us all so proud. VA, USA. Address of Requesting Entity: Virginia Mod- f Description of Request: Provides $2,950,000 to be used to construct a Multipur- eling, Analysis and Simulation Center, 1030 EARMARK DECLARATION pose Machine Gun Range for training pur- University Blvd., Suffolk, VA 23435, USA. poses with a variety of firearms and weapons Description of Request: Provide $640,000 HON. J. RANDY FORBES for the Virginia National Guard and other Army for research and development effort that will OF VIRGINIA and Guard units along the East Coast. Full bring together the Modeling and Simulation IN THE HOUSE OF REPRESENTATIVES budget documentation is a part of the Presi- community to define, implement, and utilize a dent’s Fiscal Year 2009 Department of De- set of standards that will guide the develop- Thursday, September 25, 2008 fense budget request. ment of M&S capability for the foreseeable fu- Mr. FORBES. Madam Speaker, consistent Requesting Member: Congressman J. ture. Standards will provide a more cost effec- with Republican earmark standards, the fol- RANDY FORBES. tive way to ensure simulation compatibility and lowing are detailed finance plans for each of Bill Number: H.R. 2638. reuse among the Services and the many types my requested projects in H.R. 2638, the Con- Account: Military Construction, Army. of simulations being developed to address solidated Security, Disaster Assistance and Legal Name of Requesting Entity: Fort Lee. their problems. This action provides funding Continuing Appropriations Act. Address of Requesting Entity: Fort Lee, VA, for the Virginia Modeling, Analysis and Simula- Requesting Member: Congressman J. USA. tion Center at Old Dominion University to de- RANDY FORBES. Description of Request: Provides velop a set of modeling and simulation stand- Bill Number: H.R. 2638. $90,000,00 to construct a standard-design ards that will guide all aspects of DoD mod- Account: Homeland Security. training barracks complex for advanced initial eling and simulation design and development.

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.000 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22864 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 September 27, 2008 OFFICER RICKY ANTOINE Address of Requesting Entity: 1000 Venture technologies to Federal agencies is a key con- Blvd, Wooster, OH 44691. tributor to United States readiness and eco- HON. TED POE Description of Request: To provide an ear- nomic competitiveness. As the U.S. Army un- OF TEXAS mark of $1.6 million to develop and test im- dertakes transformation implementation with IN THE HOUSE OF REPRESENTATIVES proved collapsible urethane fuel storage tanks. lighter-weight equipment, the use of titanium in Specifically, the money will be spent on 16 Thursday, September 25, 2008 armament and ground vehicles is becoming tanks of varying sizes, rental and site prepara- more and more important. Mr. POE. Madam Speaker, today I recog- tion of two test locations, site operations, dis- Requesting Member: Rep. RALPH REGULA nize Port Arthur police officer, Rickey Antoine posal and clean-up costs, and the rental cost (OH–16). for his commitment to law enforcement and of JP–8 fuel with which to carry out the test- Bill Number: H.R. 2638. traffic safety. ing. Account: Research, Development, Test and On August 21, 2008, Officer Antoine was A wide range of critical military, national se- Evaluation—Army. awarded 2008 Traffic Officer of the Year by curity, and natural disaster response activities Legal Name of Requesting Entity: Contained Texas Department of Transportation’s State- depend on collapsible storage tanks for fuel Energy, Inc. wide Transportation Enhancement Program and water distribution. In recent years, the Address of Requesting Entity: c/o Wright (STEP) that offers grants for police officers to Government has purchased fuel tanks that Fuel Cell Group, 1819 E. 101st St., Cleveland, target a specific area of enforcement during have not consistently performed well. The de- OH 44106. overtime. The Texas Department of Transpor- velopment and testing of better manufacturing Description of Request: To provide an ear- tation acknowledged Officer Antoine for his processes will ensure extended life and per- mark of $800,000 to continue work on devel- ‘‘outstanding achievements and extraordinary formance dependability to meet the increasing oping advanced applications of direct carbon efforts to save lives on Texas streets and fundamental infrastructure needs of all fuel cells. The Army spends $1 billion annually highways.’’ Being the first time a police depart- branches of our military service and national on energy, of which $750 million is energy for ment east of Houston has been recognized for security agencies. facilities. Further development of fuel cell tech- its efforts, this is a great accomplishment for Requesting Member: Rep. RALPH REGULA nologies could significantly reduce the cost of Officer Antoine and the Port Arthur Police De- (OH–16). energy for facilities, while simultaneously re- partment. Bill Number: H.R. 2638. ducing Army reliance on fossil fuels and in- Despite issuing traffic tickets not being Account: Research, Development, Test and creasing the use of renewable energy. pleasant for him and hearing many com- Evaluation—Army. Requesting Member: Rep. RALPH REGULA plaints, Officer Antoine has dedicated his serv- Legal Name of Requesting Entity: Will-Burt (OH–16). ice to enforcing the law. He has issued hun- Company. Bill Number: H.R. 2638. dreds of traffic tickets in the two years he has Address of Requesting Entity: 169 Main St., Account: Research, Development, Test and served on the Department’s traffic unit. He has Orrville, OH 44667. Evaluation—Defense-Wide. even ticketed motorists driving 5 miles over Description of Request: To provide an ear- Legal Name of Requesting Entity: The Uni- the speed limit, which appears to be absurd to mark for $2,400,000 to develop a rugged, tele- versity of Akron. violators, but Officer Antoine sticks by the law scoping, fast-erecting/retracting, and locking Address of Requesting Entity: 302 Buchtel to ensure traffic safety. mast for use in elevating heavy payloads on Mall, Akron, OH 44325. While Officer Antoine would rather not write ground vehicles. Often, mission requirements Description of Request: To provide an ear- traffic tickets, he follows the principle that driv- dictate a powered payload to be extended mark of $800,000 to establish the first under- ers must take responsibility for their actions. from a vehicle in either the horizontal or graduate corrosion engineering program to Driving over the speed limit increases the risk vertical direction. LOS radio communications, offer corrosion-specific, accredited engineering of death in an automobile accident. Officer for example, are significantly enhanced by ele- degrees at the associate and baccalaureate Antoine has devoted his career to limiting that vating optical sensors and antennae above levels. Specifically, the money will be spent on risk for drivers by enforcing the speed limit to ground level. The development of this mast curriculum development, student training, out- as many people possible. technology will significantly enhance mission reach and recruiting efforts, and establishing a Before Officer Antoine came onto the area flexibility, enable on-the-move engagement of corrosion testing and teaching laboratory. stretching across Ninth Avenue, speed limits urban and field targets above ground level, The direct annual costs of corrosion for the were almost always violated. and enhance manned and unmanned ground Department of Defense are estimated to be On behalf of the Second Congressional Dis- vehicle survivability by allowing ‘‘ahead’’ vi- more than $20 billion. Preventing or slowing trict of Texas, I congratulate Officer Rickey sion/sensing of IEDs and enemy combatants. the forces of corrosion could result in enor- Antoine for his accomplishments and applaud Requesting Member: Rep. RALPH REGULA mous cost savings for not only the Department his dedication to traffic safety and making (OH–16). of Defense, but the government as a whole. Southeast Texas a better place to drive. Bill Number: H.R. 2638. Additionally, the debilitating effects of corro- And that’s just the way it is. Account: Research, Development, Test and sion have been documented to have a signifi- f Evaluation—Army. cant impact on readiness and in-theater oper- EARMARK DECLARATION Legal Name of Requesting Entity: American ability. A key factor in combating corrosion is Engineering & Manufacturing. the availability of an educated workforce that Address of Requesting Entity: 4622 French can integrate corrosion considerations at the HON. RALPH REGULA Creek Road, Sheffield, OH 44054. earliest stages of the acquisition process. This OF OHIO Description of Request: To provide an ear- project will develop appropriate curriculum that IN THE HOUSE OF REPRESENTATIVES mark of $2,400,000 for the Advanced Mate- will result in a pipeline of qualified corrosion Thursday, September 25, 2008 rials & Processes for Armament Structures, engineers. Mr. REGULA. Madam Speaker, in accord- AMPAS. This is a public/private partnership Requesting Member: Rep. RALPH REGULA ance with the Republican rules on earmarks, that will leverage up to $50,000,000 private (OH–16). I wish to place these eight declarations in the and $20,000,000 public investment with the Bill Number: H.R. 2638. CONGRESSIONAL RECORD for earmarks secured goal of increasing the availability of low cost ti- Account: Research, Development, Test and in H.R. 2638—the Consolidated Security, Dis- tanium for government and commercial manu- Evaluation—Army. aster Assistance, and Continuing Appropria- facturing. Legal Name of Requesting Entity: The De- tions Act, 2009. This program was initiated to provide signifi- fense Metals Technology Center. Requesting Member: Rep. RALPH REGULA cantly lighter components for military equip- Address of Requesting Entity: c/o Stark (OH–16). ment resulting in ease of use and transport of State College 6200 Frank Ave, NW North Bill Number: H.R. 2638. equipment. This program implements research Canton, OH 44720. Account: Research, Development, Test and using native Ohio titanium production facilities Description of Request: To provide an ear- Evaluation—Defense-Wide. for low-cost titanium products used in U.S. mark for $3,000,000 to fund an industry-based Legal Name of Requesting Entity: Seaman Army applications. The ability to successfully consortium to serve the needs of the Depart- Corporation. transfer commercial developed metal-forming ment of Defense by facilitating research and

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.000 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 22865 development of innovative technology and DR. ED YOUNG IN HONOR OF FRED SHELDON, products for the defense materials and manu- PRESIDENT OF THE NATIONAL facturing industry. Specifically, the money will RURAL WATER ASSOCIATION be used for staffing, strategic metals research HON. TED POE and development, technology insertion, indus- OF TEXAS HON. CATHY McMORRIS RODGERS trial base risk analysis, local academic re- IN THE HOUSE OF REPRESENTATIVES OF WASHINGTON search grants, and cooperative educational Thursday, September 25, 2008 IN THE HOUSE OF REPRESENTATIVES work programs. Thursday, September 25, 2008 The Center will serve the current industry Mr. POE. Madam Speaker, Jesus told the well-known parable of a shepherd who owned Mrs. MCMORRIS RODGERS. Madam needs, capture the individual successes of Speaker, I rise today to congratulate Mr. Fred each service, manage the needs of each serv- 100 sheep, Luke 15:3-7. When the shepherd discovered that one of his sheep was missing, Sheldon as he becomes the new President of ice, and look broadly to the expansion of the he left the 99 secure and went back to find the the National Rural Water Association. Fred is strategic metals industrial base to serve both lost one. The point is that every sheep is im- to be commended for his dedication to keep- the military and commercial markets. portant. ‘‘The Lord is . . . not willing that any ing our water and environment clean and Requesting Member: Rep. RALPH REGULA should perish’’, 2 Peter 3:9. Today, I am proud healthy. (OH–16). to honor long time shepherd, Dr. Ed Young, Fred has served on the Executive Board of National Rural Water for 8 years. His commit- Bill Number: H.R. 2638. and his ministry as he celebrates 30 years with Second Baptist Church in Houston, ment to serve America’s communities has in- Account: Research, Development, Test and Texas. cluded several terms as Board President and Evaluation—Army. Dr. Young became the pastor of Second Vice President of the association. He was also Legal Name of Requesting Entity: Honey- Baptist Church in 1978 and continues to min- instrumental in the establishment of Evergreen well International. ister today. Under Dr. Young’s leadership in Rural Water of Washington in 1994. As a professional in the field, Fred is dedi- Address of Requesting Entity: 101 Constitu- 1979, Second Baptist started its weekly broad- cast of the church’s worship services on local cated to helping ensure a safe drinking water tion Ave, NW Suite 500 West Washington, DC supply for all of us to use and enjoy. I am sure 20001. television station, Channel 39. The purpose of the weekly broadcast was to create interest in that National Rural Water will be in excellent Description of Request: To provide an ear- local residents and minister inside and outside hands for the duration of Mr. Sheldon’s 2-year mark of $800,000 to fund complete research, of the church network. tenure. development, testing and evaluation of a rede- Madame Speaker, I invite my colleagues to Dr. Young was elected President of The join me in commending Fred for his excellent signed Accessory Gear Box (AGB) for the Southern Baptist Convention in both 1992 and CH–47F Chinook helicopter. The redesigned work stewarding our natural resources and in 1993. He has also authored a number of congratulating him as he starts his new posi- AGB will give the operator and maintainer of books, including The Winning Walk: Outfitting the CH–47F Chinook fleet a 200 percent im- tion as President of the National Rural Water for the Christian Adventure, The 10 Com- Association. provement in AGB reliability, which is critical mandments of Parenting, and Total Heart f to mission readiness. The redesigned AGB will Health. increase reliability, durability, and safety. In Dr. Young is host of the broadcast radio ON THE IMPORTANCE OF EXTEND- addition to the Army’s CH–47F, the rede- show, The Winning Walk, named after his first ING FOSTER CARE SERVICES signed AGB will also be compatible with Spe- book. The Winning Walk television broadcast THROUGH AGE 21 cial Operations MH–47s, the Air Force Com- has also emerged. Both programs and the bat Search and Rescue (CSAR–X) aircraft, Internet outreach have produced national and HON. GEORGE MILLER and our allies’ CH–47 helicopter fleets. international exposure. OF CALIFORNIA Requesting Member: Rep. RALPH REGULA Since his start, Second Baptist has grown IN THE HOUSE OF REPRESENTATIVES (OH–16). from 2,000 members to more than 48,000 Thursday, September 25, 2008 Bill Number: H.R. 2638. members in five different campuses. Dr. Young and Second Baptist’s ministry has not Mr. GEORGE MILLER of California. Madam Account: Research, Development, Test and only spread throughout Houston, but has Speaker, the House and the Senate recently Evaluation—Army. reached people worldwide. approved an important bill to make significant reforms to our child welfare system, including Legal Name of Requesting Entity: Bosch Dr. Ed Young was born on August 11, 1936 provisions to address the serious and urgent RexRoth Corporation. in Laurel Mississippi. He was inspired by his need to provide vital support to foster youth pastor’s wife, Mrs. Gates, who led him to faith Address of Requesting Entity: 1700 Old during their transition to independent adult- at the age of 12. Mansfield Road Wooster, OH 44691. hood. One provision of the bill in particular al- Dr. Young attended University of Alabama Description of Request: To provide an ear- lows states to voluntarily extend foster care to for half a semester before leaving. After being mark of $800,000 to address the needs of the age 21 from its current limit of 18 years of challenged about his faith by a dorm-mate at U.S. military’s tactical wheeled fleets to signifi- age. The President is expected to sign H.R. the University, Dr. Young decided to seek out cantly reduce fuel consumption and improve 6893, The Fostering Connections to Success God’s purpose in his life. He transferred to and Increasing Adoptions Act of 2008, into law vehicle performance and mobility. Specifically, Christian University, Mississippi College, the money will be spent 60 perent on salaries shortly. I am proud to have voted for this bill, where he continued his education and pre- sponsored by my good friend Rep. JIM and labor, 20 percent on materials, and 20 pared himself for his future ministry. He later percent on hybrid system and vehicle testing. MCDERMOTT, and I look forward to its imple- attended Southeastern Baptist Theological mentation and the benefits it will bring to This research and development will produce Seminary in Wake Forest, North Carolina and young people struggling to overcome their dif- advanced Hydraulic Hybrid Vehicle technology remained in the area, where he got his first ficult circumstances. that will improve fuel economy by up to 60 pastoral experience. After ministering in North Recent research indicates that across the percent for the tactical wheeled fleet, reduce and South Carolina for a while, he and his Nation more than 24,000 youth ‘‘age-out’’ of the required logistics support footprint, and re- wife, Jo Beth, moved to Houston, Texas. foster care each year. This figure represents duce maintenance and replacement costs due On behalf of the Second Congressional Dis- an increase of 41 percent since 1998 in the to a reduction in brake wear. The benefits to trict of Texas, I want to congratulate my long number of young people who leave foster care the U.S. military are many, including sup- time friend Dr. Ed Young for his 30 years at without having found a permanent connection porting the American warfighter, conserving Second Baptist Church and honor his min- to a family or stable adult. energy, improving cost-effectiveness, and re- istries that have touched numbers of people Thus, youth who turn 18 and are discharged ducing the Department of Defense’s depend- worldwide. from the system find themselves on their own, ence on fossil fuels and foreign oil. And that’s just the way it is. without the support that most adolescents rely

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.000 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22866 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 September 27, 2008 upon as they transition from childhood to inde- raised in the child welfare system will support anything, it shows that seatbelts should be pendent adulthood. Without that support, them in their effort to become healthy, inde- made better. However, to completely disregard former foster youth are known to struggle. pendently functioning adults, and thereby seatbelts as a safety precaution is absurd. One in four will be incarcerated within a year honor the commitment made to them by the The answer appears to be that of common of leaving the child welfare system. One in five State and Federal governments. sense. While seatbelts are in no way a quick will experience homelessness in that same Madam Speaker, I deeply appreciate the fix and there are many questions surrounding year. Rates of mental health diagnoses are foundation’s efforts and I deeply appreciate seatbelts in buses, they should be looked into higher than in the general population, yet ac- the work that my colleague, Rep. MCDERMOTT, as one of the very many necessary measures cess to treatment and counseling is sporadic. carried out in passing this legislation. Con- taken to ensure school bus safety. Additionally, these youth have extremely low gress owes a great deal to children in foster f care, and this legislation will be a very impor- rates of educational attainment and thus are MR. JOHN DIEDERICH frequently unable to secure and sustain em- tant step in that direction. ployment sufficient to meet their basic needs. f The same research that documents these HON. PETER J. VISCLOSKY SEATBELTS FOR INCREASED BUS OF INDIANA overwhelming challenges, however, also SAFETY shows the benefits of extending foster care to IN THE HOUSE OF REPRESENTATIVES age 21. A large, ongoing, multi-State study Thursday, September 25, 2008 conducted by Chapin Hall at the University of HON. TED POE Mr. VISCLOSKY. Madam Speaker, it is with Chicago, indicates that when youth are al- OF TEXAS great respect and sincerity that I take this time lowed to remain in care beyond their 18th IN THE HOUSE OF REPRESENTATIVES to honor one of Northwest Indiana’s most dis- birthday, they fare significantly better than Thursday, September 25, 2008 tinguished business and community leaders, youth who cannot. Some States voluntarily ex- Mr. POE. Madam Speaker, most of us are Mr. John Diederich of Crown Point, Indiana. tend the option to young adults who have aware of the bus accidents that have been oc- On Thursday, September 25, 2008, John will been unable to secure a permanent connec- curring around the country. Two years ago be honored by the Northwest Indiana Forum tion, and when Chapin Hall compares their there was a fatal bus accident involving the for his many years of service as a dedicated later life circumstances to those of youth who Westbrook High School girls’ soccer team in executive and his many contributions to the were turned out at 18, found that they Beaumont, Texas. Just this year, there was an Northwest Indiana community. This extraor- achieved significantly higher levels of edu- accident in Sherman, Texas, which involved dinary event will be taking place at Gamba’s cation, earned higher wages, waited longer to several Vietnamese community members. Ristorante in Merrillville, Indiana. become pregnant and bear children, and they Similar incidents occurred in Liberty, Missouri, John Diederich has been a fixture in the took increased advantage of available serv- Arlington, Virginia, New York City, and New banking industry in Northwest Indiana for the ices. Orleans, to name a few. past thirty-four years. Following his collegiate The study’s authors state clearly that their These tragic bus accidents demonstrate that studies, where he earned a degree in Ac- findings indicate that extending foster care school bus safety reform is an urgent issue. counting from Calumet College of Saint Jo- services can support youth in developing into While school buses are among the safest seph in Whiting, Indiana, and a degree in Fi- healthy, educated, productive, and inde- mode of transportation, these re-occurring ac- nance from Saint Joseph’s College in pendent citizens. By giving all States the op- cidents are unacceptable. School buses need Rensselaer, Indiana, John entered the banking tion of continuing foster care services to age to be safer. industry as a controller at Commercial Bank in 21, the legislation Congress recently approved The widespread bus crashes have sparked Crown Point, Indiana. From there, he went on would allow States to continue vital support for a comeback in the idea of seatbelts in buses. to serve as a commercial lender for Gainer their disconnected adolescent foster youth Seatbelts raise the issue of whether they Bank before being named its Division Man- during a crucial life transition, increasing the would increase bus safety. ager for Commercial Lending in 1989. Mr. likelihood that these youth will experience bet- According to the Texas Department of Diederich remained in this position until 1996, ter ultimate outcomes. Transportation, Texas safety belt use has when he was named Manager of Private As a long-time member and now chairman topped 90 percent, this being the third year in Banking and Investments for First Chicago of the House Education and Labor Committee, a row. The majority of people in Texas are NBD. Following a brief stint as Manager of I have dedicated many years to the effort of wearing their seatbelts in cars and trucks. But Commercial Lending with Bank One, he was improving the lives of children in foster care few to no passengers are wearing their seat- named Regional President of Bank One in and have had the opportunity to work with belts in school buses. Currently, there is no 2000, and remained in that role with many different individuals and organizations Federal mandate on seatbelts in buses. JPMorgan for the last eight years. along the way. Today I wanted to highlight Every State, except New Hampshire, re- Throughout the years, John Diederich has one group in particular for its efforts as it re- quires by law that car and truck drivers and become known just as much for his contribu- lates directly to the bill we just approved. passengers wear seatbelts. This is because tions to his community as to the banking in- The John Burton Foundation for Children seatbelts work—they increase a passenger’s dustry. One of the most giving and selfless in- Without Homes has played an invaluable role chance of survival in a crash. In short, seat- dividuals I have ever had the pleasure of in identifying potential policy solutions to the belts save lives. knowing, John has dedicated much of his time documented difficulties of former foster youth. If laws require passengers of cars and focusing on the development of the economy Under the leadership of California State Sen- trucks to wear seatbelts, why are there no re- in Northwest Indiana, most notably as a past ator John Burton (retired), the foundation plays quirements for buses to even include seat- chairman of the Managing Board of Directors a critical role at the State and national levels belts? In many States there are variations of for the Northwest Indiana Forum and as a by bringing legislative attention to the needs of ‘‘Click it or Ticket’’ policies that threaten motor- founding member and past president of the some of the Nation’s most vulnerable young ists who don’t wear seatbelts, yet no such Regional Development Company. John has people. The foundation sponsors and advo- laws apply to the buses that carry our children also volunteered much of his free time working cates for legislation aimed at providing nec- and community members on a daily basis. with organizations that help children in his essary ongoing support to youth who, by defi- Certainly, buses are made very different community. He serves or has served in var- nition, the government has taken on the re- from cars and trucks. For one, buses can ious capacities on the boards for numerous or- sponsibility of parenting. carry many more passengers than any car. ganizations, including: the Boys and Girls Club Through their advocacy to members of Con- Some of these differences might lead one to of Northwest Indiana, where he is a past gress and effective efforts to organize stake- believe that there should not be a mandate on chairman of the board, the Southlake YMCA, holders in California, the John Burton Founda- seatbelts in buses. These differences have not for which he is a past president, the Juvenile tion has played an important role in ensuring stopped bus drivers from being required to Diabetes Research Foundation, Trade Winds, that the extension of Federal funding to age wear seatbelts. So why not for school bus the Crown Point Community Foundation, the 21 is included in this legislation. The evidence passengers as well? Diocese of Gary, and the Crisis Center in is solid and the conclusion is clear: Extending Some claim that seatbelts may not be prop- Gary, Indiana, where he currently serves as its foster care services to age 21 to young adults erly worn by passengers or cause injury. If chairman of the board.

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.000 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 22867 While John has always been committed to Kitty’s commitment to our community has Project Description and Amount: The pur- his work and has remained active in the encompassed all aspects of daily life. She vol- pose of the project is to develop shipboard- Northwest Indiana community, his greatest en- unteered her skills for the Early Childhood qualified prototype electric actuators and dem- joyment is the time spent with his beautiful Education/School Improvement Program, onstrate their satisfactory performance in ship- family. He and his wife, Louise, have one served on the Hillsborough Elementary School board applications. Successful completion of daughter, Lisa, a graduate of Butler University, district Board of Trustees and the town’s the technology will reduce shipboard per- and one son, Brian, who currently attends the Recreation Commission and was the Chair- sonnel and reduce repair and maintenance University of Dayton. woman of our community’s premiere charity costs. The Department of the Navy has re- Madam Speaker, at this time, I ask that you event, the Hillsborough Concours d’Elegance. peatedly stated its desire for an all-electric and my other distinguished colleagues join me Regionally, Mayor Mullooly represents our ship. The target ship for this concept is the in commending Mr. John Diederich as he is community on the San Francisco Airport Com- DDX which is due to hit the water in 2010. En- honored for his lifetime of service and dedica- munity Roundtable, the San Mateo Area vironmental hazards associated with hydraulic tion to the Northwest Indiana community. His Emergency Services Council, and is a Board systems will also be eliminated by moving to years of service have touched and improved Member of Leadership San Mateo. an electric actuator. $800,000. the lives of all whom he has served. His un- Now that Michelle and Michael are grown Project Name: Barracks, Camp Perry Train- selfish and lifelong dedication is worthy of the and married, Kitty and Tom have turned their ing Site, Port Clinton, Ohio. highest commendation, and I am proud to rep- attention to their grandchildren, Ashley and Bill Number: H.R. 2638. resent him in Congress. Christopher. Like your own, Madam Speaker, Account: Department of Defense, Army Na- f Kitty’s grandchildren are fortunate to have a tional Guard. grandmother that will serve as an inspiration Military Facility Address: Ohio National IN RECOGNITION OF HILLS- and role model for the rest of their lives. Guard, Camp Perry Training Site, 1000 Law- BOROUGH MAYOR CATHERINE Kitty is many things to me—my Mayor, my rence Road, Port Clinton, Ohio 43452. ‘‘KITTY’’ MULLOOLY constituent and my friend. Any day spent with Project Description and Amount: Provide $2 her is a good day. I have expressed my ap- million in P–341, unspecified minor military HON. JACKIE SPEIER preciation and admiration in private many construction, funds pursuant to Title 10 U.S. times. A highlight of my short time in Con- OF CALIFORNIA Code 2805, to construct a new 80-bed gress is being able to do so in this most public IN THE HOUSE OF REPRESENTATIVES baracks at the Ohio National Guard’s Camp of forums. Thursday, September 25, 2008 Perry Training Site, Port Clinton, OH. The re- f quest will increase the readiness of our serv- Ms. SPEIER. Madam Speaker, this fall, one EARMARK DECLARATION icemen and women in the Ohio National of California’s most dedicated public servants Guard and help them better prepare for the will retire as Mayor of the Town of HON. ROBERT E. LATTA challenges they face both at home and Hillsborough in the 12th Congressional Dis- abroad. $2,000,000. trict. The Honorable Catherine Mullooly, ‘‘Kitty’’ OF OHIO IN THE HOUSE OF REPRESENTATIVES f to all who know her, has been a beacon of light and volunteer extraordinaire since relo- Thursday, September 25, 2008 IN HONOR OF DR. SCOTT KENNEDY cating from her native Wisconsin to our be- Mr. LATTA. Madam Speaker, pursuant to loved Bay Area some forty-three years ago. the Repubublican Leadership standards on HON. SAM FARR One year after graduating from the Univer- earmarks, I am submitting the following infor- OF CALIFORNIA sity of Wisconsin—Whitewater in 1964, Kitty mation for publication in the CONGRESSIONAL IN THE HOUSE OF REPRESENTATIVES came west with her new husband Doctor RECORD regarding earmarks I received as part Thomas Mullooly, DDS, where she taught at of H.R. 2638, The Consolidated Security, Dis- Thursday, September 25, 2008 San Francisco’s St. Stephen’s Elementary aster Assistance, and Continuing Appropria- Mr. FARR. Madam Speaker, I am proud School prior to giving birth to her first child, tions Act, 2009. The following are the Depart- today to rise to pay tribute to Dr. Scott Ken- Michelle. Two years later, their family was ment of Defense and Military Construction nedy, a former mayor of Santa Cruz, CA. Dr. joined by son, Michael, and shortly thereafter projects I have requested that have received Kennedy has been named the 2008 recipient the Mulloolys moved to Hillsborough where funding approval: of the El-Hibri Charitable Peace Education they have been ever since. Project Name: N-STEP Enabled Manufac- Prize—which rightly recognizes his tireless, Kitty and Tom have brought smiles to penin- turing Cell for Future Combat Systems. selfless and fearless promotion of peace and sula residents for more than thirty years, Bill Number: H.R. 2638. social justice in the Middle East and around through both dental healthcare and civic in- Account: RDTE, A. the world. volvement. In fact, it is difficult to say Requesting Entity: Joint Systems Manufac- It is with great pleasure that I call attention ‘‘Mullooly’’ without smiling. turing Center/General Dynamics; 1161 Buck- to Dr. Scott Kennedy’s work to bring peace to Kitty Mullooly’s charitable work was recog- eye Road, Lima, Ohio 45804. the world over the course of his lifetime. He Project Description and Amount: Joint Sys- nized by her adopted hometown with has been a Peace Educator for 40 years and tems Manufacturing Center-Lima (JSMC) has Hillsborough’s Community Care Award in was instrumental in pioneering educational developed, designed, installed and imple- 1985. She was further honored as 1989’s delegations to conflict zones, now a widely mented an N-STEP Enabled Reconfigurable Hillsborough Citizen of the Year. Three years practiced form of peace education. Scott has Manufacturing Cell and has completed per- later, Kitty was elected to the City Council, personally led more than three dozen delega- formance demonstration phases using auto- where she quickly impressed her peers with matic processes. To make the core equipment tions to the Middle East since 1979. He also her hard-work and was re-elected for three production ready for FCS, specific weld proc- helped establish Witness for Peace, which subsequent terms. ess development using the Friction Appur- brought thousands of U.S. citizens to Nica- During Ms. Mullooly’s tenure in city govern- tenance Welder, FAW, must be completed. ragua on short educational delegations. ment, she has been tapped to serve two terms This funding request will provide for the nec- Scott Kennedy co-founded the Resource as Mayor, including her current stint which essary technical resources required to develop Center for Nonviolence in Santa Cruz, CA, began in 2006 and ends at the end of this the weld machine parameters/specifications which is one of the most active community- year, when she will step down from her official for support of vehicle production activities. based peace education centers in the Nation. role in city leadership. But Madam Speaker, I $2,400,000. The Center has been host to world-renowned know Mayor Mullooly, and I can assure you Project Name: Electronic Motion Actuation international speakers, workshops, and pro- that she will not stray far from Town Hall. In Systems. grams focusing on the need for peaceful and fact, she lives just two doors away and I have Bill Number: H.R. 2638. just resolution of conflicts both locally and a strong suspicion she will continue listening Account: RDTE, N. globally, and I have been privileged to be a to her scanner so she can race with the fire- Requesting Entity: Moog: FloTork Facility, participant in these activities. fighters she has helped her whole career to 1701 North Main Street, P.O. Box 68, Orrville, Scott has actively served on the board of any call that goes out. Ohio 44667. many organizations that teach and exemplify

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.000 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22868 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 September 27, 2008 peace and empowerment, including the Fel- Council of San Mateo County and first Chair- a Member of the U.S. House of Representa- lowship of Reconciliation, Middle East Wit- man of the Health Network Consortium of San tives. ness, Refuser Solidarity Network, Middle East Mateo County. He has also served as Chair- RAY and I have worked closely together Advisory Committee of the American Friends man of the San Mateo County Economic De- over the years on a number of issues, but one Service Committee, Isla Vista Youth Project, velopment Association and is a past President that has always been near to our hearts be- Thomas Merton Unity (Nonviolence) Center, of the Peninsula Community Foundation. cause of its importance to the United States, the Isla Vista People’s Life Fund, California Jack and Pat were notably and appro- has been our work with the nation of Lebanon, Youth Advocate Program, National Youth Ad- priately honored as 2000 Volunteers of the the land of our ancestors. As Members of vocate Program, and the Interfaith Peace- Year by the Volunteer Center. Congress who are deeply interested in Leb- Builders. Madam Speaker, my district and our San anon, the people of Lebanon, and the ability of Madam Speaker, true men of peace grace Francisco Bay Area would be a different place Lebanon to rise above the turmoil and con- generations and, in my lifetime, I have wit- without the vision and hard work of the Foster flicts which have overtaken the country, we nessed Mohandas Gandhi, Martin Luther King, family. It gives me great joy to inform the rest are able to view the recent election of the new and Nelson Mandela. I am proud to commend of our nation of the lifetime of service of T. Lebanese President as a strong signal to the Scott Kennedy as a true man of peace, and I Jack Foster and his exceptional family. I wish world that progress and forward movement am proud to call him my friend. him a very happy birthday and hopes for continues to be made in the Middle East. f many, many more and bestow my congratula- RAY has always had a deep respect for the tions on him for this latest honor. institution of Congress, a trait which can be at- REMARKS IN RECOGNITION OF T. f tested to by any and all who have served with JACK FOSTER him over the years. While RAY has left many IN COMMEMORATION OF THE lasting legacies during his time here in the HON. JACKIE SPEIER NATIONAL DAY OF TAIWAN House of Representatives, for me his friend- OF CALIFORNIA ship will be one I continue to treasure the IN THE HOUSE OF REPRESENTATIVES HON. DAVID WU most as he, his wife Kathy and their family move on to this new chapter in their lives. Thursday, September 25, 2008 OF OREGON IN THE HOUSE OF REPRESENTATIVES Although it seems that we as a Congress Ms. SPEIER. Madam Speaker, this evening can’t find ourselves in agreement on many I salute one of the young pioneers of the 12th Thursday, September 25, 2008 things, one thing that is beyond dispute is that Congressional District. T. Jack Foster, Jr. in Mr. WU. Madam Speaker, I would like to Ray has embodied the ideal of the civil serv- his 80th year, is being honored by the Rotary offer my warmest wishes and congratulations ant who tirelessly has served the interests of Club of Foster City on Saturday, September to the people of Taiwan in commemoration of the American people. 27, 2008. the National Day of the Republic of China f In 1960, after a successful career in Hono- (Taiwan), which is celebrated every year on IN CELEBRATION OF THE FIFTH lulu, Hawaii, where he constructed over 1500 October 10. ANNIVERSARY OF ALMA VIA single family homes, T. Jack Foster moved to In March of this year, the people of Taiwan San Mateo County to join his father, T. Jack participated in Taiwan’s fourth direct and Senior and brothers, J.R. and Richard, in plan- democratic presidential election. The smooth HON. JACKIE SPEIER ning and building a vital, safe and environ- and peaceful transition from one administra- OF CALIFORNIA mentally sound community that would become tion to another is a testament to Taiwan’s con- IN THE HOUSE OF REPRESENTATIVES known as Foster City, California. tinued dedication to the principles of democ- Thursday, September 25, 2008 Foster City is now a successful bedroom, racy, human rights, and the rule of law. I com- Ms. SPEIER. Madam Speaker, among the office and retail community of 30,000 full-time mend the people of Taiwan for building a most vulnerable in our society are those in our residents and an equal number of employees democratic, peaceful, and prosperous island. elder population. who commute to the many companies doing For more than 50 years, the United States That is why I have such profound respect business there. A city like no other, it is built and Taiwan have fostered a close relationship, and deep gratitude for the good work done by around a series of lagoons and canals that not which has been of mutual political, economic, Alma Via of San Francisco. Alma Via is an as- only provide beautiful views, but enhance the cultural, and strategic advantage. In celebra- sisted living and memory care community that city with a vast array of recreational opportuni- tion of this year’s Double Tenth National Day, services the senior community in the San ties. it is my hope that the United States, Taiwan, Francisco Bay Area. They celebrate five excel- Born July 21, 1928 in Norman, Oklahoma, and the People’s Republic of China can work lent years of service this fall, on November 1, Jack received a degree in Business Adminis- together to promote enduring peace, stability, 2008. tration from the University of Oklahoma, where and prosperity in the Asia-Pacific region, espe- Alma Via is a member of Elder Care Alli- he was Editor of the Sooner Yearbook and in- cially in the Taiwan Strait. ance, a nonprofit faith-based organization ducted into Phi Eta Sigma and Beta Gamma f committed to serving and enriching the phys- Sigma honorary societies. After college, he ical, emotional and spiritual well-being of older served two years of active duty in the United CONGRESSMAN RAY LAHOOD’S adults. Their sponsors, the Sisters of Mercy, States Air Force before launching his real es- DEDICATION TO PUBLIC SERVICE Burlingame, and the Sierra Pacific Synod of tate career. the Evangelical Lutheran Church of America, Jack and his lovely and vivacious wife, the HON. NICK J. RAHALL II bring a 130-year tradition of service to their former Patricia Chesnut, live in San Mateo. OF WEST VIRGINIA communities and commitment to enhancing They have a daughter, Lee and two sons, T. IN THE HOUSE OF REPRESENTATIVES the quality of life for elders through creative Jack III and Mark. Their six creative and ener- programs and supportive services. Thursday, September 25, 2008 getic grandchildren take after talented The Elder Care Alliance is composed of six grandpa, who is an accomplished singer, actor Mr. RAHALL. Madam Speaker, I rise today communities in California and serves 700 el- and tap dancer who has entertained thou- to recognize a dear friend and colleague, Con- ders. Their programs include special services sands by performing in many local theater pro- gressman RAY LAHOOD. RAY has been a faith- for those with early to late stage dementia and ductions. ful servant to the people of the 18th District of without them, many of these older Americans Madam Speaker, Jack is a longtime friend Illinois since first being elected in 1994 to the would possibly not receive treatment. Their and, on occasion, a gentle critic. He cares 104th Congress. Before that he was a school- loving and professional communities are passionately about San Mateo County, its teacher, a longtime community leader, mem- staffed by 620 dedicated staff members who people, policies and environment. Jack has ber of the Illinois General Assembly and Chief provide daily care for residents in a manner given back as much as he has received in his of Staff for former U.S. House Minority Leader that respects and celebrates the dignity and long and fruitful life. He has worked tirelessly Robert Michel. Each of these opportunities inherent worth of each person. to advance healthcare opportunities as Presi- furthered his dedication to serving the Amer- Madam Speaker, I can personally attest to dent of the Comprehensive Health Planning ican people and eventually led him to serve as the excellence and compassion of the Sisters

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.000 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 22869 of Mercy. Wherever they choose to serve, Description of Request: Galveston Cause- Glade is one of the oldest homes in their mission always moves their community way Railroad Bridge Replacement. Today, 21 Corydon—and certainly one of the most beau- and the world forward. The good work pro- thousand barges move 29 million tons of tiful. It was built in 1808 by Jacob Kintner and vided by Alma Via and the Elder Care Alliance cargo worth $10 billion through the Galveston his wife Agnes—the same year Corydon be- is certainly no different. I ask you to join me Bridge each year. In 2001, after a lengthy re- came a town. Over its two centuries, just three in commending them for the important and view process, the bridge was declared a haz- families—Kintner, McGrain and now Bennett— necessary role they play in society by working ard to navigation by the Coast Guard under have owned Cedar Glade. tirelessly to help an expanding number of the Truman Hobbs Act. The current estimated The name Cedar Glade stems from the adults who desire to remain vital and active in cost of replacement is almost $68 million. This rows of cedar trees Jacob Kintner planted on their later years. request is consistent with the intended and au- the property—those trees accentuating the f thorized purpose of the Department of Home- many native cedars found in the area, and es- land Security, U.S. Coast Guard, under the pecially on the hillsides along Indian Creek, EARMARK DECLARATION Truman Hobbs Act. Amount Received: which runs through Corydon. $4,000,000. Under the Truman Hobbs Act, the No one seems to know exactly from where HON. TED POE federal government pays 90 percent of re- Jacob Kintner came—or the source of the OF TEXAS placement cost and the bridge owner, Gal- wealth he possessed when he arrived in IN THE HOUSE OF REPRESENTATIVES veston County pays 10 percent. Corydon. In fact, it is not known exactly when Thursday, September 25, 2008 f Kintner arrived in frontier Indiana—but he was Mr. POE. Madam Speaker, pursuant to the definitely one of the first to do so. IN RECOGNITION OF THE 30TH AN- The land on which Kintner built Cedar Glade Republican Leadership standards on ear- NIVERSARY OF AMERICAN CITI- marks, I am submitting the following informa- was entered into the property rolls in his name ZENS ABROAD in 1808, the year he built the house, and the tion for publication in the CONGRESSIONAL year the town of Corydon was laid out. At that RECORD regarding earmarks I received as part of H.R. 2638, the Consolidated Security, Dis- HON. JOE WILSON time there were only a few dwellings in the aster Assistance, and Continuing Appropria- OF SOUTH CAROLINA town—and certainly none as large or stately tions Act for FY09. IN THE HOUSE OF REPRESENTATIVES as Kintner’s Cedar Glade. Speculation is that Kintner came from Virginia, where records Account: Army, RDT&E, Army Missile De- Friday, September 26, 2008 fense Systems Integration (Non-Space). record his marriage to Agnes Crist. The cou- Legal Name of Requesting Entity: Lamar Mr. WILSON of South Carolina. Madam ple’s Corydon home is architecturally similar to University. Speaker, this year marks the 30th anniversary those of the time in Virginia. Address of Requesting Entity: 4400 MLK of American Citizens Abroad, ACA—an orga- Cedar Glade had Corydon’s first water Blvd., P.O. Box 10009, Beaumont, TX 77710. nization dedicated to representing the interests works, with Mr. Kintner laying pipe from Description of Request: The Advanced Fuel of American citizens living outside the United springs behind the home to supply ever-flow- Cell Research Program (AFC) at Lamar Uni- States. As co-chair of the Americans Abroad ing clear and cool spring water to the house, versity is currently operating fuel cell test beds Caucus, I am proud to congratulate this orga- barns and his tan yard across the road. Few on behalf of U.S. Army Space and Missile De- nization for reaching this important milestone. homes anywhere in those early days would fense Command (USASMDC) that simulates American citizens living abroad are not only have had such a system. power requirements and characterizes alter- citizens of the United States, they are also our During the Civil War, in July 1863, Confed- native power and storage capabilities for a ambassadors to the world. They live and erate General John Hunt Morgan crossed the wide variety of USASMDC systems. Critical serve in diverse communities. They foster Ohio River and launched a raid into the North. need continues to exist for an efficient and greater understanding and greater economic After the brief Battle of Corydon south of the clean advanced renewable energy source to partnerships between our Nation and others. town, Morgan set up a siege to persuade the meet urgent U.S. Army space and missile de- In their capacity as an advocacy group for town and its Home Guard to surrender by lob- fense battlefield requirements. AFC continues Americans living abroad, ACA informs and bing artillery shots over Corydon. While many to develop, test and validate advanced fuel educates lawmakers in Washington on the in- of those cannonballs landed in the yard of cell technologies necessary to enable light- terests of these citizens. Whether in the field Cedar Glade, none actually struck the house. weight, power efficient, environmentally clean, of taxation or voting rights, the ACA helps to Luck also saw this property through tight and cost-effective renewable energy tech- promote and clarify the unique concerns and spots during normal, everyday occurrences. nology and products for Army space and mis- issues that impact Americans living abroad. While in the ownership of the McGrain family, sile defense systems including: sensors, ra- I am pleased to congratulate American Citi- a potentially disastrous fire could have de- dars, weapons, and communications. The zens Abroad on three decades of success. stroyed the home. While burning corn cobs in FY09 request will leverage fuel cell technology f the fireplace, a flaming cob jumped out and achievements funded through previous DoD landed on the wood floor. The problem was Appropriations bills by transitioning prototype CORYDON BICENTENNIAL noticed in time and the flames were extin- lightweight fuel cells into Army renewable CELEBRATION—CEDAR GLADE guished before fire could envelop the house. power products. UAV (unmanned aerial vehi- However, a section of the wood floor was cle) prototypes integrated with the AFC-devel- HON. BARON P. HILL badly scarred. When Bud and Betty Bennett, oped fuel cells will be flight-tested and dem- OF INDIANA the present owners, refurbished the home, onstrated under field conditions to validate reli- IN THE HOUSE OF REPRESENTATIVES that part of the floor was purposely not refin- ished—leaving the history evident and visible able, long duration, and quality power for mis- Friday, September 26, 2008 sile defense situational awareness missions. within the home. The AFC’s advanced hydride fuel cell will vali- Mr. HILL. Madam Speaker, earlier this year, One of the Kintner sons, Peter Shipley date the UAV’s unique long loitering time and I made remarks with regard to the Celebration Kintner, lived a far-flung life of ease, often stealth capabilities for critical extended endur- of the Bicentennial of Corydon, Indiana, the traveling abroad. After Jacob Kintner’s death, ance surveillance missions. Amount Received: county seat of Harrison County 19 miles west Peter—the world traveler—‘‘traded’’ Cedar $3,000,000. These funds will be used to pay of Louisville. Noting the rich history of this Glade in 1849 to Thomas McGrain, Sr. for a labor costs for 22 full time personnel, lab and community, it was a privilege for me to share business building on Main Street in Louisville. test bed equipment and supplies, and facilities with my fellow members and the Nation my af- McGrain moved from Louisville to Corydon— improvement. fection for this community, and I have appre- and young Peter Kintner moved to Paris, Account: Department of Homeland Security, ciated being involved with their Bicentennial France. When Peter died, his remains were U.S. Coast Guard Bridge Replacement. Celebration. shipped back to Corydon and he was buried Legal Name of Requesting Entity: Gulf Intra- On October 5, the town of Corydon will in the family plot on Cedar Hill. Of course, this coastal Canal Association. again gather to celebrate its history at a clas- was before the age of refrigeration and em- Address of Requesting Entity: 2010 Butler sic Ice Cream Social at one of the commu- balming, and Peter’s body was shipped across Drive, Friendswood, TX 77546. nity’s most historic sites, Cedar Glade. Cedar the Atlantic in alcohol.

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.000 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22870 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 September 27, 2008 Life went on at Cedar Glade with the 100 years have seen many physical changes I would like to extend my congratulations to McGrain family in a style similar to the to this church but its commitment to its parish- Mrs. Bernice Metzger for all of her hard work Kintners. The McGrains had 12 children, and ioners and the surrounding community has re- and selflessness, which has made her Michi- the home was a hub of social activity. After mained constant. gan’s Outstanding Older Worker for 2008. the death of Thomas McGrain, Sr., his wife For these reasons I thank the Church of the f Matilda McGrain married Corydon attorney Holy Name of Jesus for its devoted service to John Q. Gresham, who became a Union gen- our great city, and congratulate the parish on TRIBUTE TO ST. GEORGE’S eral in the Civil War and later served as a the 100-year anniversary. HELLENIC BENEFIT SOCIETY judge. He went on to become Postmaster f General and Secretary of the Treasury in the HON. JAMES P. McGOVERN cabinet of President Chester A. Arthur, and fi- HONORING JACKSON CHARLES OF MASSACHUSETTS LEGGETT nally Secretary of State under President Gro- IN THE HOUSE OF REPRESENTATIVES ver Cleveland. All the while—and for more Friday, September 26, 2008 than 100 years—Cedar Glade was the HON. SAM GRAVES McGrain family home. OF MISSOURI Mr. MCGOVERN. Madam Speaker, I rise Today, Cedar Glade is the home of Bud and IN THE HOUSE OF REPRESENTATIVES today to pay tribute to the St. George’s Hel- lenic Benefit Society of Tsamantas in Worces- Betty Bennett, and the family seat of son Larry Friday, September 26, 2008 Bennett and daughter Pam Bennett Martin—all ter, Massachusetts, for its generous contribu- prominent in historic preservation and the civic Mr. GRAVES. Madam Speaker, I proudly tions to communities both in the United States affairs of Corydon and Harrison County. In pause to recognize Jackson Charles Leggett and Greece. The Society is a not-for-profit fra- fact, Bud Bennett is currently the President of of Kansas City, Missouri. Jackson is a very ternal organization that seeks to promote and the Main Street Corydon Board of Directors special young man who has exemplified the preserve Greek heritage and culture in Amer- and has been active in Rotary and other com- finest qualities of citizenship and leadership by ica and is celebrating its centenary in October munity organizations since moving to the town taking an active part in the Boy Scouts of of 2008. in 1960. Throughout this time, his wife Betty America, Troop 1261, and earning the most For the past 100 years, the St. George’s has been the anchor of the family, often push- prestigious award of Eagle Scout. Society has helped friends and neighbors in ing Bud and their children to give to their com- Jackson has been very active with his troop, Worcester, MA, and Tsamantas, Greece in a munity. participating in many Scout activities. Over the variety of ways. Some examples include build- Betty, Bud, and Larry purchased the home many years Jackson has been involved with ing a school in the village of Tsamantas in the in 1999 and conducted an extensive renova- Scouting, he has not only earned numerous 1930s, offering financial support for a develop- tion updating it to modern standards and add- merit badges, but also the respect of his fam- ment workshop held at Tsamantas in Sep- ing a new rear bedroom suite to the home. ily, peers, and community. tember 2005 to help its declining economy, The process required two contractors—one Madam Speaker, I proudly ask you to join and funding scholarships for the grandchildren adding the addition and another updating the me in commending Jackson Charles Leggett and great-grandchildren of the original immi- main house. Particular attention was paid to for his accomplishments with the Boy Scouts grants in America. The St. George’s Society is preserving the structure’s historic value. After of America and for his efforts put forth in active in promoting education in the immigrant more than 3 months of diligent, backbreaking achieving the highest distinction of Eagle community through its generosity and involve- work it was completed. Scout. ment in the teaching of Greek Heritage, espe- I am grateful to the Bennetts for preserving f cially focusing on the contributions Greeks this treasure in Corydon, and the community is have made in the United States. HONORING MRS. BERNICE richer for Cedar Glade’s history and contribu- The St. George’s Society will celebrate its METZGER tion to the Corydon landscape. In recognition founding through a series of events and activi- of Cedar Glade’s Bicentennial, as well as that ties to be held on Sunday, October 11, 2008. of Corydon, I want to again congratulate its HON. FRED UPTON The goal of these events is to recognize and citizens and wish them well at the October 5 OF MICHIGAN honor the contributions made by Greek immi- event. I look forward to seeing how this unique IN THE HOUSE OF REPRESENTATIVES grants and Greek-Americans throughout the United States and the world. The first event and wonderful town develops for decades to Friday, September 26, 2008 come. will take place at the Worcester Art Museum f Mr. UPTON. Madam Speaker, it is with and seeks to educate the greater Worcester great pleasure that I rise today to honor Mrs. community about the social and philanthropic HONORING THE 100 YEARS OF CON- Bernice Metzger, Michigan’s Outstanding contributions made, both in Europe and the TRIBUTIONS OF THE CHURCH Older Worker for 2008. United States, by Greek immigrants—including AND SCHOOL OF THE HOLY Bernice is 74 years old, but has never let those who founded the Society. A commemo- NAME OF JESUS OF BEECH her age stop her from contributing to her com- rative symposium will then take place at St. GROVE, IN munity. Twenty years ago, at an age where Spyridon Greek Orthodox Church in Worcester most workers are eyeing retirement, Bernice to discuss history, and is meant especially to HON. ANDRE´ CARSON embarked on a new career as a clerk at St. remind the children and grandchildren of immi- OF INDIANA Joseph County Courthouse. As if that wasn’t grants about the importance of preserving IN THE HOUSE OF REPRESENTATIVES enough, she also works in the Treasurer’s Of- their heritage and participating in community fice, the Register of Deeds, Probate Office, service. The third event of the day, an inter- Friday, September 26, 2008 Circuit Court Judge’s Office, Animal Control, disciplinary and multidisciplinary academic Mr. CARSON of Indiana. Madam Speaker, I Land Resource, and the Michigan State Uni- conference on immigration to be held at Hel- rise today to honor the Church and School of versity Extension, and also serves as Deputy lenic College in Brookline, MA, aims to bring the Holy Name of Jesus for the countless con- Clerk for Nottawa Township. together specialists from a variety of dis- tributions it has made to our city, and to rec- In addition to her professional duties, Ber- ciplines to examine issues of identity and be- ognize the parish on its 100-year anniversary. nice also finds time to volunteer with the Lions longing, and the relationship between the past The Church of the Holy Name of Jesus was Club and the VFW of Sturgis, and has been and the present in the context of cultural founded in 1908 to serve parishioners in the recognized as a member of the Eastern Star. globalization. The conference will make a sig- city of Beech Grove, IN. Today, in its 100th A mother of four, with four grandchildren and nificant contribution to public understanding year, the Holy Name of Jesus continues its three great grandchildren, Bernice is a de- about the identity and culture of diasporic soci- commitment to service. The Holy Name of voted mother, grandmother, and family eties and inspire future research in this area. Jesus has provided education to hundreds of woman. Her dedication to her family and her Madam Speaker, I commend this wonderful students who have gone through its schools exemplary and outstanding service to St. Jo- group for its dedication to the Worcester and and to thousands of individuals who have seph County has made her an example of in- international community in promoting edu- been ministered to within its walls. The past spiration to her coworkers and friends. cation and giving financial aid to students, for

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Medal (6 OLC), the Air Force Achievement promise that emerges from the union of such f Medal (2 OLC), and the Air Force Commenda- diverse parties has been key to the past suc- tion Medal. She is also the recipient of the cess of these programs, and to the preserva- HONORING THE RETIREMENT OF Joint Service Achievement Medal, Armed tion of western fish species. COL LINDA EBLING Forces Expeditionary Medal (OLC), Humani- State, tribal, and community partnerships tarian Service Medal, National Defense Serv- have allowed these fish recovery programs to HON. KATHY CASTOR ice Medal, Global War on Terrorism Service succeed without compromising the rights and OF FLORIDA Medal, Air & Space Campaign Medal, and wellbeing of surrounding communities and IN THE HOUSE OF REPRESENTATIVES Iraqi Campaign Medal. She is also a member water users. Recovery programs have actually helped 1,600 Federal, tribal, and non-Federal Friday, September 26, 2008 of Delta Omega, Omicron Chapter, a national society of academic excellence and leadership water projects meet Endangered Species Act, Ms. CASTOR. Madam Speaker, I rise today in public health, and was inducted into Thiel ESA, compliance in their consumption of three to honor COL Linda Ebling for her 22-year ca- College’s Athletic Hall of Fame. Due to her million acre-feet of San Juan and Colorado reer in the United States Air Force as a Med- profound commitment and hard work, the River basin water per year. Passage of this bill ical Service Corps officer. Her direct support United States Air Forces in Europe (USAFE) would help ensure the recovery of endangered of medical planning efforts for the United recognized her as the Medical Readiness Offi- fish and the continued compliance of water States Air Force Medical Service has greatly cer of the Year in 1988. She also earned the users to ESA standards. Water and fish habi- enhanced medical capabilities needed for suc- Air Force Special Operations Command tat, so scarce in the arid West, can only prop- cess in the war. (AFSOC) Commitment to Service Award in erly be managed through the kind of coopera- Colonel Ebling was born in Pittsburgh, 1999, and the Air Combat Command (ACC) tion and coordination that is made possible by Pennsylvania. She obtained a Bachelors of Commitment to Service Award in 2001. the Endangered Fish Recovery Programs Im- Arts from Thiel College in Chemistry in 1975, Madam Speaker, COL Linda Ebling is a provement Act. and a Bachelors of Health Science from Hah- woman of the highest regard who has dedi- Upper Colorado and San Juan River basin nemann Medical College and Hospital in 1977. cated her life to the medical support and oper- recovery programs focus on four fish species, She earned a Masters of Public Health at the ations our brave men and women need out on including humpback chub, bonytail, Colorado University of Pittsburgh in 1985 and continued the battlefield and when they return home. I pikeminnow, and razorback sucker. Successful on as a distinguished graduate from military am sure that I join many others in applauding restoration projects have included the con- and health programs such as Health Services her significant contribution to the Air Force struction of fish passages, fish screens, hatch- Administration, Squadron Officer School, Con- Medical Services throughout her 22-year ca- eries, flood plain and instream habitat, and tingency Wartime Planning, and Joint Medical reer. even a reservoir to provide flow augmentation. Planning. She also attended programs such These facilities, costing approximately $100 f as the Air Command and Staff College, Air million to date, will require rehabilitation and War College, and Interagency Institute for INTRODUCTION OF A BILL TO replacement into the future as the natural im- Healthcare Executives at George Washington AMEND PUBLIC LAW 106–392 TO pact of floods and debris wears on them. Ex- University. EXTEND THE AUTHORIZATIONS tended authorization and increased funding, Throughout her career, Colonel Ebling en- FOR THE UPPER COLORADO AND as included in this bill, will allow for continued hanced medical services in the U.S. military SAN JUAN RIVER BASIN ENDAN- upkeep of these facilities, and completion of by working in numerous positions of medical GERED FISH RECOVERY PRO- other habitat preservation projects. services, support, management, operations, GRAMS With bills such as this, we are clearing a and planning. She is currently the Director of sound path for addressing our future water Medical Readiness for the Office of the Sur- HON. TOM UDALL scarcity issues. Through the programs author- geon General, Headquarters United States Air OF NEW MEXICO ized in this bill, western water users are able to gain access to this vital resource while not Force at Bolling Air Force Base and the Pen- IN THE HOUSE OF REPRESENTATIVES tagon, Washington, DC. Prior to serving with compromising the habitat and survival of the the Air Staff, she worked as Commander of Friday, September 26, 2008 species who share that water. the 86th Aeromedical Evacuation Squadron at Mr. UDALL of New Mexico. Madam Speak- f Ramstein Air Base, Germany, from 2004 er, I am pleased to introduce a bill today that HONORING SEAN CHARLES through 2006. During this assignment, she will extend authorization of the Upper Colo- DOBBINS also served as Commander to 332nd Expedi- rado and San Juan River Basin fish recovery tionary Medical Support Squadron and Admin- programs. I am pleased to be joined in doing istrator to the 332nd Expeditionary Medical so by Representatives MARK UDALL, JOHN HON. SAM GRAVES OF MISSOURI Group, deploying to the Air Force Theater SALAZAR, JIM MATHESON, MARILYN MUSGRAVE, IN THE HOUSE OF REPRESENTATIVES Hospital at Balad Air Base, Iraq. DIANA DEGETTE, and HEATHER WILSON. Prior to entering the Air Force, Colonel The Upper Colorado River Endangered Fish Friday, September 26, 2008 Ebling engaged in clinical practice as a Cer- Recovery Program and the San Juan River Mr. GRAVES. Madam Speaker, I proudly tified Physician Assistant from 1977–1986, Basin Recovery Implementation Program were pause to recognize Sean Charles Dobbins of working in Family Medicine Clinics in rural established under cooperative agreements as Kansas City, Missouri. Sean is a very special Pennsylvania, Industrial Medicine at the multiagency partnerships in 1988 and 1992, young man who has exemplified the finest United States Steel Corporation, and Internal respectively. qualities of citizenship and leadership by tak- Medicine Services at the University of Pitts- This bill will allow the continuation of two al- ing an active part in the Boy Scouts of Amer- burgh. She also volunteered for medical mis- ready very successful programs. Established ica, Troop 1271, and earning the most pres- sion work in rural areas of Haiti during 1984 in 1988 and 1992, the Upper Colorado River tigious award of Eagle Scout. and 1985. In 1986, Colonel Ebling received a Endangered Fish Recovery Program and the Sean has been very active with his troop, direct commission to the Air Force as a Med- San Juan River Basin Recovery Implementa- participating in many Scout activities. Over the ical Service Corps Officer. She has served at tion Program are run as partnerships between many years Sean has been involved with Air Staff, MAJCOM, MacDill Air Force Base, water users. These partners include the States Scouting, he has not only earned numerous and in various chief administrative and oper- of Colorado, New Mexico, Utah, and Wyo- merit badges, but also the respect of his fam- ational assignments, including AFSOC, ming; Bureau of Reclamation; U.S. Fish and ily, peers, and community. AFMOA, 16th Operations Group, and joint Wildlife Service; Western Area Power Admin- Madam Speaker, I proudly ask you to join special operations. istration, Bureau of Land Management; Na- me in commending Sean Charles Dobbins for

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Nor was his subsequent Silver Star for Valor in Com- of the United States by providing vital electric PATRICK GILLESPIE bat, earned saving a wounded platoon mate, power and water to grow our food. or the Purple Heart for the bullets that The Pacific Northwest serves as an exam- HON. JOE BARTON ripped through both his legs in the Hurtgen ple of good energy policy. You can’t get any OF TEXAS Forest. better than clean, renewable hydropower. As He was a successful salesman and a savvy IN THE HOUSE OF REPRESENTATIVES entrepreneur willing to take risks—but cal- the Ranking Republican on the Water and Friday, September 26, 2008 culated ones. He said he never took a chance Power Subcommittee, I am working hard to in business unless he assessed better-than-60 tell the good news story about hydropower. Mr. BARTON of Texas. Madam Speaker, That is why I was so pleased to see the today, I rise today to honor the life and ac- percent odds for success. And he won a lot more often than he lost. Today Show highlighting Grand Coulee Dam complishments of the late Jack Gillespie. This He was an opinion leader in his commu- and the positive impact it has had in the Pa- American, immigrant, veteran, and patriot nity. Bobby Kennedy was once asked how his cific Northwest and more specifically Spokane. passed away on April 17th, 2008. Today brother Jack won the Democratic nomina- Hydroelectric dams across the West and es- would have been his 87th birthday and, in his tion in 1960. He said that when other cam- pecially in Washington State have provided us honor, I would like to submit for the record the paigns went in to organize a town, they’d ask, ‘‘Who’s the Mayor?’’ or ‘‘Who’s the with an abundant supply of clean, affordable, eulogy his son Ed read at his funeral on April and renewable energy. In fact, dams provide 22nd of this year. county party chairman,’’ or ‘‘who’s the Chamber of Commerce President?’’ And we nearly two-thirds of our state’s electricity. In November 1929, young John Patrick Gil- always asked, ‘‘Who’s the man to see?’’ These dams have kept the Pacific Northwest’s lespie—called Sean at the time—left his For a long time in this community, Jack ‘‘carbon footprint’’ at half that of the rest of the home by the Eanybeg stream at the base of Gillespie was the man to see. Carnaween Mountain to head into Donegal Nation. Removal of the four lower Snake River What he cared most about was his family— dams would add 5.4 million tons of CO to the Town with his mother and brothers and sis- his wife and children. 2 ters. He was a devoted husband. As a father, he atmosphere each year and it would take three He was beginning a journey to a new life in was a disciplinarian who gave the greatest nuclear, six coal-fired, or 14 gas fired power a wonderful place where he would find happi- gift you can give your children: uncondi- plants to replace their electricity generation. ness, achieve glory, and eventually discover tional love. At a time of growing energy demand, it waiting for him there the woman he was And sage advice. If Jack Gillespie said makes no sense to throw this energy source meant to be one with. ‘‘that’s a good house,’’ you should buy it. If By the time he came to be called ‘‘Jack’’ in away. I am committed, as we move forward he said ‘‘you can’t trust that guy,’’ you his new country, he had figured out what with the debate on global climate change, and couldn’t. If he said ‘‘you ought to marry that success in America required. how to reduce our carbon emissions, that hy- girl,’’ you ought to. He may have read some tips on board the Because of the guidance and advice he gave dropower be recognized for the important role Lititia, the steamer on which he spent two to me, I have been able to give guidance and it has played in the Pacific Northwest. weeks crossing from Ireland to Ellis Island. advice to Congressmen, Senators, governors, In addition, the water provided from the Co- Many of the boats that sailed that route Supreme Court Justices, prime ministers lumbia Basin Project, supplies more than posted in their galleys a notice with the and, yes, the President of the United States heading, ‘‘Advice to Irish Emigrants.’’ 500,000 acres of farmland and helps make of America. The posting included these words: ‘‘In Washington second only to California in the Remarkable men and women, all. Yet I America, a man’s success must altogether number of crops grown totaling more than 250 never felt intimidated in their presence. rest with himself—it will depend on his in- different commodities. You see, the most remarkable man I’ve dustry, sobriety, diligence and virtue . . . ever known lies before us here today. f and he may rationally expect to raise him- John Patrick Gillespie has left home self in the world by his labour.’’ TRIBUTE TO PAT O’BRIEN, GEN- People who met Jack Gillespie quickly re- again—on a journey to a new life in a won- derful place, where he will find happiness and ERAL MANAGER OF THE EAST alized that their friend or coworker or fellow BAY REGIONAL PARK DISTRICT soldier was extremely diligent, very indus- achieve eternal glory. And waiting for him trious, generally virtuous and—most of the there, the woman he was meant to be one time sober. And he certainly wasn’t afraid of with. HON. GEORGE MILLER Farewell, poor immigrant. labor. OF CALIFORNIA Farewell, successful businessman. His high school sweetheart Conny Carroll IN THE HOUSE OF REPRESENTATIVES noticed something else about him—some- Farewell, brave soldier. thing other pretty lasses tended to notice Farewell, loving husband, son, brother, Friday, September 26, 2008 uncle, grandfather, and friend. too. He was a strikingly handsome man. Mr. GEORGE MILLER of California. Madam She wrote to him regularly during the war, Farewell, Dad. and clipped newspaper articles on the f Speaker, I rise today to join with my col- progress of the 28th Infantry—the famed and leagues ELLEN TAUSCHER, BARBARA LEE, PETE feared ‘‘bloody buckets’’—and kept the clips HONORING THE 75TH ANNIVER- STARK, and JERRY MCNERNEY in honoring Pat in a scrap book. SARY OF THE GRAND COULEE O’Brien for his many accomplishments and Sergeant John Patrick Gillespie fought for DAM contributions to the East Bay Regional Park the cause of freedom. He fought for the District, a world-class system of parks and honor of his country. And though he never HON. CATHY McMORRIS RODGERS trails throughout Alameda and Contra Costa fought for the sake of glory, at war’s end he counties in the San Francisco Bay Area. was draped in it. OF WASHINGTON After landing in France, his Company L IN THE HOUSE OF REPRESENTATIVES Pat O’Brien has provided remarkable lead- ership as the General Manager of the East was among the first to confront the hedge- Friday, September 26, 2008 rows that made a patchwork of the French Bay Regional Park District, and our congres- countryside. His commanding officers spent Mrs. MCMORRIS RODGERS. Madam sional districts have been greatly enhanced by days hunkered down trying to figure out how Speaker, I rise today to recognize the 75th his two decades of service. On the 20th anni- to advance over the thick, eight-foot-high AnnIversary of the building of Grand Coulee versary of his leadership there, it is our great lines of brush that separated them from an Dam. privilege to pay tribute to his work in the CON- enemy whose size and strength they had no If you have ever visited Grand Coulee Dam GRESSIONAL RECORD. way of knowing. Eventually a frustrated, impatient Ser- you know just how impressive of a structure it His service to public parks and recreation in geant Gillespie carved toeholds into the is. It is the largest concrete structure in the California began at the Southgate Recreation knotted hedgerow and told his lieutenant to United States with enough concrete to build a and Park District in the Sacramento area. Due listen for him after he went over the top. sidewalk around the world—twice. During the to his innovative ideas and pioneering work at

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I ask my colleagues to join me and has added 17 parks and more than 100 for their commitment to the community and in expressing the gratitude of the U.S. Con- miles of regional trails. The East Bay Regional their employees. This group of dedicated indi- gress for the extensive contributions to edu- Park District today includes 98,000 acres and viduals is exceedingly deserving of the Depart- cation these individuals have made through 65 parks, a remarkable achievement in pro- ment of Defense Employer Support Freedom this program. tecting and providing open space access to Award, which recognizes employers who pro- f the citizens of one of the densely developed vide exceptional support to employees serving regions of the country. And while expanding to in the National Guard or Reserve. This is the CONGRATULATING MR. ARNOLD ensure that all of our communities are served, U.S. Government’s highest recognition for ef- ROMALDINI FOR BEING SE- Pat O’Brien and the East Bay Regional Park forts made in the civilian lives of America’s cit- LECTED AS PERSON OF THE District have built strong relationships through- izen-servicemembers, which make up roughly YEAR out the region so that their important projects half of the Nation’s Armed Forces. and initiatives have widespread support. I am so proud to represent the men and HON. PAUL E. KANJORSKI The East Bay Regional Park District during women of the Jersey City Fire Department OF PENNSYLVANIA Pat O’Brien’s tenure has been a wise steward and hope every Member of Congress will join IN THE HOUSE OF REPRESENTATIVES not only over the parks, trails, and natural and me in recognizing them for their outstanding Friday, September 26, 2008 cultural resources of the East Bay Area, but of commitment to the community. Mr. KANJORSKI. Madam Speaker, I rise the taxpayers’ money as well. The Park Dis- f today to ask you and my esteemed colleagues trict has brought in more than $75 million in in the House of Representatives to pay tribute matching funds, and they have worked HONORING MINEOLA HIGH SCHOOL FOR TAKING PART IN NATIONAL to Mr. Arnold Romaldini, who was chosen by through ballot measures and assessment dis- the Italian American Association of Luzerne tricts to provide stable funding for their good SERVICE LEARNING CHALLENGE WEEK County to be their 2008 ‘‘Person of the Year’’ work. to be honored at their annual Columbus Day Pat O’Brien’s public service is an example observance. to us all, and we are lucky to have his vision HON. CAROLYN McCARTHY Born in the Hilldale section of Plains Town- and his commitment in the East Bay. We have OF NEW YORK ship, Luzerne County, Pennsylvania, Mr. all benefitted by his leadership, and on behalf IN THE HOUSE OF REPRESENTATIVES Romaldini is a son of the late Sante and Elia of all of our constituents, it is an honor to rec- Friday, September 26, 2008 Benzi Romaldini and a stepson of Ubaldo ognize Pat O’Brien on the occasion of his 20th Mosca. He has two sisters, Thelma Stella and Mrs. MCCARTHY of New York. Madam anniversary as General Manager of the East Adelia James. He also had two brothers, Carlo Speaker, I rise in honor of the young men and Bay Regional Park District. and Eugene, both of whom are deceased. f women from Mineola High School taking part Mr. Romaldini had five children from his first in National Service Learning Challenge Week. marriage to the late Joan Urban, of Duryea, RECOGNIZING THE JERSEY CITY For over 10 years, all 9th grade students from and seven grandchildren. He is currently mar- FIRE DEPARTMENT Mineola High School have taken part in an ried to Elena DeSimone of Naples, Italy, and interdisciplinary project sponsored by the has two stepchildren and several stepgrand- HON. STEVEN R. ROTHMAN English and Living Environment curriculums. children. OF NEW JERSEY On October 8th, under the supervision and Mr. Romaldini attended public schools in IN THE HOUSE OF REPRESENTATIVES guidance of their teachers and New York City Plains Township and graduated from Jenkins Parks Department employees, students will Friday, September 26, 2008 Township High School. He attended Wilkes visit Queens’ Alley Pond Park as part of a tree College and graduated from the Kingston Vo- Mr. ROTHMAN. Madam Speaker, I rise to planting and forest reclamation project. During cational School, specializing in automotive recognize and congratulate the Jersey City their park visit, students will not only add to technology. He worked at several local car Fire Department on receiving the U.S. Depart- the beauty of the park by planting trees, but dealerships before accepting a management ment of Defense Employer Support Freedom they will also learn of the park’s vast history position at an out of state business. Award. and ecosystem. In learning of the park’s indig- He subsequently went into business for him- From their beginnings in 1829 through enous plants, students will come to under- self with an associate and operated a multi- today, the Jersey City Fire Department’s pri- stand the vast and complicated dynamics non- faceted repair shop which he later built into mary focus has been on protecting and sup- native plants can have on their environment. three automobile franchises as well as other porting the community. This is readily appar- The growing strength, interest, and funding business ventures. At the height of his busi- ent in how they treat their employees, particu- for service programs in the area has enabled ness career, he employed approximately 50 larly those who have chosen to serve in the a wider range of students to participate. For people with a payroll in excess of $1 million. U.S. military Reserves. Fire Captain Leonard the first time, Mineola’s ‘‘Life Skills’’ students, He traveled extensively throughout North DiStaso has been working for the department who are developmentally and physically chal- America and Europe attending auto industry since 1997 in addition to serving in the Marine lenged, will be going to Alley Pond. Their ex- seminars. Corps Reserve. In the past 5 years, Captain perience will no doubt make the event more Still a member of the National Automobile DiStaso has been deployed to Iraq twice and complete and fulfilling for all those involved. Dealers Association and the American Im- both times the Jersey City Fire Department As a conscientious citizen and ardent envi- ported Auto Dealers Association, he was area was there to support him and his family: ronmental advocate, I am proud to recognize District Dealer representative for numerous The Jersey City Fire Department went the students of Mineola High School and com- automobile manufacturers. He is a long stand- above and beyond the call of duty to make mend events much like National Service ing member of the New York Auto Dealers As- sure that Captain DiStaso was able to keep in Learning Challenge Week for broadening the sociation and was a founding member and contact with his family, while the department education of our Nation’s youth. Mineola High chairman of the Nissan Advertising Associa- made sure to take care of them at home. His School, as a recipient of a Learn and Serve tion of New York. He has been retired since coworkers at the fire department stayed in America K–12 Grant, is currently enjoying its selling his business in 1996. touch with his family and helped them with 25th year participating in the Mineola Student He is a proud and active member of the snow shoveling and other necessities. In addi- Service Center and Service Learning Program. Italian American Association of Luzerne Coun- tion, the Jersey City Fire Department also Mineola has, and continues to be, a nation- ty. raised thousands of dollars to buy phone wide model for exemplary volunteerism and Madam Speaker, please join me in con- cards for him and his fellow Marines in Iraq, service. gratulating Mr. Romaldini. His determination to

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00018 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.000 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22874 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 September 27, 2008 become a leading businessman has enriched of Oregon, 203 Johnson Hall, Eugene, OR Address of Requesting Entity: Attn: Rich the lives of all he has employed and all with 97403. Linton, Vice President for Research, 203 whom he has been associated over many Description of Project: The University of Or- Johnson Hall, University of Oregon, Eugene, years. Moreover, his contributions to his family egon confirms that this funding will be used for OR 97403. and his community has been extraordinary the Brain, Biology and Machine Applied Re- Description of Project: H.R. 2638 has appro- and an inspiration to all who know him. search initiative’s (BBMI) applied research priated $4,000,000 for the Oregon Nano- f phase and will focus primarily on research and science and Microtechnology Institute development related to neurorehabilitation. In (ONAMI) Safer Nanomaterials and Nanomanu- EARMARK DECLARATION particular, the University of Oregon confirms facturing Initiative. In order to carry out the ob- that BBMI will investigate neuroplasticity jectives of this project, ONAMI has provided HON. GREG WALDEN aimed at developing, evaluating and opti- the following budget and funding breakdown OF OREGON mizing a new generation of intervention tech- for the $4,000,000 provided for the project in IN THE HOUSE OF REPRESENTATIVES niques for assisted and prosthetic devices and H.R. 2638: $1,200,000 for equipment; integration. In order to carry out the previously Friday, September 26, 2008 $2,200,000 for research; $400,000 for industry stated objectives, the University of Oregon has and community outreach; and $200,000 for in- Mr. WALDEN of Oregon. Madam Speaker, provided the following budget and funding dustry collaboration. consistent with the House Republican leader- breakdown for the $1,600,000 provided for the The ONAMI Safer Nanomaterials and Nano- ship’s policy on earmarks, to the best of my project in H.R. 2638: $460,000 for equipment; manufacturing Initiative develops inherently knowledge the request I have detailed below $1,050,000 for research; and $90,000 for pub- safer and greener nanomaterials and nano- (1) is not directed to an entity or program that lic outreach/education. manufacturing methods, which directly impact will be named after a sitting Member of Con- Account: Army National Guard. the military’s need for high performance mate- gress; and (2) is not intended to be used by Legal Name of Requesting Entity: Oregon rials that do not emit unintended wastestreams an entity to secure funds for other entities un- Military Department. or material hazards. Three general areas of Address of Requesting Entity: Oregon Mili- less the use of funding is consistent with the activity included within the Initiative are: (1) ra- tary Department, Attn: Installations Division, specified purpose of the earmark. As required tional design of safer and greener materials 1776 Militia Way, P.O. Box 14350, Salem, OR by earmark standards adopted by the House based upon unique properties found at the 97309–5047. Republican Conference, I submit the following nanoscale, (2) systematic assessment of the information on a project I requested and was Project Location: The Dalles, Oregon. Description of Project: H.R. 2638 appro- biological impacts of engineered nanomate- included in H.R. 2638, The Consolidated Se- priates $682,000 for design of The Dalles rials, and (3) development of technology for curity, Disaster Assistance, and Continuing Readiness Center (Armory), a 35,355-square- high volume manufacturing and application of Appropriations Act, 2009. foot facility to support administrative and train- high-performance nanomaterials. Examples of Account: Research, Development, Test, and ing functions for Company A(–) of the 3–116 nanomaterials and manufacturing of impor- Evaluation—Defense-Wide. Rifle Cavalry, with adequate classroom and tance for military technology include nanoelec- Legal Name of Requesting Entities: Oregon administrative space for training and oper- tronics and nanophotonics, thermoelectric Institute of Technology; Portland State Univer- ations for homeland security, antiterrorism, coolers, medical diagnostics and therapeutics, sity; University of Oregon; Worksystems, Inc. and force protection. The Oregon Military De- drinking water purification and environmental (a non-profit Workforce Development Board partment has stated that all of the $682,000 monitoring & remediation systems. established by the 1998 Workforce Investment appropriated funds will go towards design of The ONAMI Safer Nanomaterials and Safer Act and recognized by the U.S. Department of The Dalles Readiness Center. Nanomanufacturing Initiative cost share in- Labor). Account: Research, Development, Test, and cludes: state funding of approximately $2.23 Address of Requesting Entities: Oregon In- Evaluation—Army. million for research activities; private funding stitute of Technology, 3201 Campus Drive, Legal Name of Requesting Entities: Oregon of over $2 million (cash and in-kind) from Klamath Falls, OR 97601; Portland State Uni- State University (on behalf of the Oregon Hewlett-Packard, Invitrogen, FEI, and compa- versity, 2121 SW Fourth Avenue, Unitus Build- Nanoscience and Microtechnology Institute nies involved in related research efforts; and ing, 6th Floor, Portland, OR 97027; University (ONAMI), a collaboration between the Univer- peer-reviewed federal awards and competitive of Oregon, Charles H. Lundquist College of sity of Oregon, Oregon State University, and awards from foundations, including the Keck Business, 1208 University of Oregon, Eugene, Portland State University). Foundation, worth several million dollars. OR 97403; and Worksystems, Inc., 111 SW Address of Requesting Entities: Attn: John Account: Research, Development, Test, and Fifth Avenue, Suite 1150, Portland, OR 97204. M. Cassady, Vice President for Research, Or- Evaluation—Navy. Description of Project: The Northwest Manu- egon State University, 314 Rogers Hall, Cor- Legal Name of Requesting Entity: Portland facturing Initiative confirms that it will use this vallis, OR 97331. State University (on behalf of the Oregon funding for supporting applied engineering and Description of Project: The requesting entity Nanoscience and Microtechnology Institute sustainable supply innovation and research, confirms that this funding will be used by the (ONAMI), a collaboration between the Univer- workforce training programs and outreach and Oregon Nanoscience and Microtechnology In- sity of Oregon, Oregon State University, and training for youth and young adults in order to stitute (ONAMI) Miniature Tactical Energy Sys- Portland State University). increase the Northwest region’s supply of tems Development project. It will be used for Address of Requesting Entity: John Car- skilled, work-ready employees. In order to research and development to miniaturize a ruthers, Portland State University, 1719 SW carry out the previously stated objectives, wide range of important tactical energy sys- 10th Ave., Portland, OR 97201. Northwest Manufacturing Initiative has pro- tems including soldier power systems and ad- Description of Project: The requesting entity vided the following budget and funding break- vanced cooling units for forward deployed op- confirms that this funding will be used by the down for the $1,600,000 provided for the erations. In order to carry out the previously Oregon Nanoscience and Microtechnology In- project in H.R. 2638: $600,000 for Portland stated objectives, ONAMI has provided the fol- stitute (ONAMI) Nanoelectronics and Nano- State University; $250,000 for the University of lowing budget and funding breakdown for the metrology Initiative. This funding will be used Oregon; $250,000 for the Oregon Institute of $2,400,000 provided for the project in H.R. for supporting collaborative research with the Technology; $360,000 for workforce training 2638: $1,020,000 for equipment; $1,255,000 Western Institute for Nanoelectronics, Pacific and skills integration; $40,000 for youth and for research; and $125,000 for industry and Northwest National Laboratory, and Oregon young adult outreach; and $100,000 for De- community outreach. Health and Science University (OHSU) to gen- fense Logistics Agency estimated processing Account: Air Force; Research, Development, erate new applications such as nanoelectronic fee. Test, & Evaluation. devices to address the end of Moore’s Law Account: Research, Development, Test, and Legal Name of Requesting Entity: University scaling, advanced solar cells, nanoscale Evaluation—Army. of Oregon (on behalf of the Oregon Nano- chemical imaging for catalysis improvements Legal Name of Requesting Entity: University science and Microtechnology Institute in areas such as bioremediation and ethanol of Oregon. (ONAMI) which consists of the University of production, nanoscale biosensors for point-of- Address of Requesting Entity: Attn: Rich Oregon, Oregon State University, and Portland care health management, and biological cell Linton, Vice President for Research, University State University). imaging and measurement capabilities. In

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00019 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.000 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 22875 order to carry out the previously stated objec- Legal name and address of entity receiving and has already received $500,000 in funding tives, ONAMI has provided the following budg- earmark: Army Battle Command Battle Lab- from SOCOM. et and funding breakdown for the $4,000,000 oratory, Mr. Jason Denno, Deputy Director, Ft. Description of matching funds: This project provided for the project in H.R. 2638: Huachuca AZ 85613. has received $500,000 in funding from $1,200,000 for equipment; $2,525,000 for re- Description of how the money will be spent SOCOM. search; and $275,000 for industry and com- and why the use of federal taxpayer funding is Appropriated Amount: $1,200,000. munity outreach. justified: (BRAMA-E) is a critical decision and Project Name: Command and Control, Com- f training aid for commanders and operators to munications and Computers (C4) module. use in support of military operations on urban- Detailed Finance Plan: EARMARK DECLARATION ized terrain (MOUT). BRAMA is an integrated ATV ...... $300,000 collection, planning, and course of action sys- Shelter ...... 300,000 HON. DON YOUNG tem. It integrates existing U.S. Army devel- C4 Components ...... 200,000 OF ALASKA oped blast modeling software with a state of Engineering ...... 400,000 IN THE HOUSE OF REPRESENTATIVES the art 4D (Lat, Long, Alt, and Time) visualiza- Total ...... $1,200,000 Friday, September 26, 2008 tion front end. It is used by the Army to simu- late blast analysis and vulnerability assess- Bill Number: H.R. 2638, Operation and Mr. YOUNG of Alaska. Madam Speaker, I Maintenance, Air Force, 04 Administration and submit the following: ments. BRAMA provides decision support for anti- Servicewide Activities 0421 Civil Air Patrol. Bill Number: H.R. 2638, Air Force, RDT&E, Legal name and address of entity receiving Line 221, PE# 0708611F (Support Systems terrorism/force protection (AT/FP) and critical infrastructure protection (CIP). BRAMA is a earmark: Alaska Wing, Civil Air Patrol, United Development). States Air Force Auxiliary, P.O. Box 6014, El- Legal name and address of entity receiving royalty-free tool and requires minimal training. It leverages previous U.S. Army and U.S. Air mendorf Air Force Base, AK 99506–6014. earmark: Biomass Energy Systems, Inc., 100 Description of how the money will be spent Force—force/facility protection R&D efforts. Overlook Center, 2nd Floor, Princeton, NJ and why the use of federal taxpayer funding is Starting in 2007, the BRAMA capability—along 08540. justified: Requested funds would provide Infra- with training—has been provided to active Description of how the money will be spent Red (IR) technology that would be mounted to duty Army, Homeland Security and National and why the use of federal taxpayer funding is select aircraft to enhance our capability in Guard representatives from 7 states. The U.S. justified: This project is underway to introduce Search and Rescue (SAR), Homeland Secu- Army CONOPS for Force Protection highlights alternative energy sources based on locally rity, and Disaster related missions. Five air- the need for a Capabilities Based Assessment available resources for the USDOD and in craft strategically located throughout Alaska (CBA) tool. Additionally, user feedback post- Alaska. The Air Force, APTO, Eielson AFB would provide enhanced coverage for the delivery on BRAMA specifically asks for en- and BESI have forged an alliance to create an aforementioned missions. hancements on the speed at which facility alternative energy source program to be im- Description of matching funds: N/A. plemented in Alaska. The program consists of data can be generated and visualized. Re- Appropriated Amount: $800,000. three phases. First, an integrated waste to en- search conducted by the Army in 2006 and Project Name: Alaska Civil Air Patrol Stra- ergy system consisting of waste gasification, 2007 has identified a candidate commercial tegic Upgrades and Training. gas cleanup, and a gas engine to convert technology that can be integrated into the Funding Source: Operation and Mainte- waste-based fuel gas to electricity will be dem- BRAMA baseline to meet the CONOPS and nance, Air Force, 04 Administration and onstrated using wood waste and other locally speed up the collection process. Servicewide Activities 0421 Civil Air Patrol. generated wastes will be located at Eielson BRAMA has demonstrated its usefulness to Detailed Finance Plan: AFB in Fairbanks, AK. After the testing is commanders, planners, and security forces by EVS Equipment, Installation, and needed complete and any modifications are identified, employing full-dimensional display technology aircraft modifications—$450,000. the gasification system will be relocated to a to visualize, analyze and remediate blast ef- Training Related Expenses—$150,000– local village, to demonstrate the system in a fects generated by DoD-approved blast mod- $200,000. typical local setting as a backup source of els. BRAMA-E will extend that capability by Estimated Modification(s) to Individual power. After testing the system under local simplifying the ease of use and helping the Squadron Facilities to Maintain Storage, Secu- conditions is completed, the system will be in- Army meet its goal to field a unit level Capa- rity, and Maintenance of the Technology— tegrated in parallel with the existing petroleum- bilities Based Assessment (CBA) tool. $100,000–$200,000. based system. Initially the system will operate Description of matching funds: Not Applica- Bill Number: H.R. 2638. as backup for the existing system with a grad- ble. Legal name and address of entity receiving ual change over to a primary role. This pro- Appropriated Amount: $800,000. earmark: Alaska National Guard, Alaska De- vides a practical model of sustainable renew- Project Name: Blast and Damage Assess- partment of Military & Veterans Affairs, PO able energy for the USDOD facilities, as well ment Risk Analysis and Mitigation Applica- Box 5800 Camp Denali, Fort Richardson, AK as the Alaskan villages. tion—Enhancements (BRAMA-E). 99505–5800. Description of matching funds: BESI is cur- Funding Source: Army, RDT &E, 999 Clas- Description of how the money will be spent rently under contract to the U.S. Air Force, sified Programs. and why the use of federal taxpayer funding is APTO to deliver a final design for a 1MW sys- Bill Number: H.R. 2638, Army, RDT&E, Line justified: The Alaska National Guard is under- tem for Eielson Air Force Base in Alaska. 6, PE # 0602120A. going a significant organizational trans- This is a Congressionally funded project Legal name and address of entity receiving formation from its ‘‘Cold War first line of de- from FY 07 and the contract is worth earmark: Alkan Shelters, LLC, 1701 S. fense’’ to an integral component of today’s $848,040.00. Cushman St., Fairbanks, AK 99701. military that is trained and ready to fight the Appropriated Amount: $2,400,000. Description of how the money will be spent Global War on Terrorism. As such, it is imper- Project Name: Eielson Air Force Base Alter- and why the use of federal taxpayer funding is ative that we have contemporary training and native Energy Source Program. justified: In an effort to support the needs of logistics facilities for our soldiers as they re- Detailed Finance Plan: the Special Operations Community with regard turn from Kuwait, Iraq, and Afghanistan. This to establishing remote area communications new readiness center will serve as a modem and intelligence, Alkan has designed a C4 regional training and logistics hub to prepare Item Cost module capable for use on the smaller ATV service members throughout western Alaska Equipment Gasifier and Genset ...... $1,430,000 platforms. The module design incorporates the for their new mission. Thank you for your sup- Instrumentation and Controls ...... 330,000 latest in satellite communications, UAV & IR Construction & Installation ...... 200,000 port on this matter. Shakedown ...... 200,000 camera surveillance and military mesh net- Description of matching funds: The State of Project Management ...... 240,000 work antenna systems. It will provide a means Alaska has appropriated all necessary state Total ...... $2,400,000 by which to gather field intelligence and trans- funds for this project. mit this data back to the tactical operations Appropriated Amount: $16,000,000. Bill Number: H.R. 2638, Army, RDT &E, 999 center. This project funding would be used to Project Name: Bethel Armory Readiness Classified Programs. build a military ATV vehicle and C4 module Center.

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00020 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.000 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22876 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 September 27, 2008 Funding Source: Department of Defense, Air geant Archer Raymond Morgan, Jr., who will plants to participate in this admirable and National Guard. retire October 12 after 33 years of dedicated charitable event. Carrie Conley is an inspira- Detailed Finance Plan: Funds will be used and exceptional service to the department and tion to transplant recipients of all ages, and I for construction costs. The land for the project the city it serves. admire her greatly for her benevolent efforts. has been acquired, all environmental docu- Simi Valley, California, has been my home f mentation is complete and without issue and for more than 40 years. When I was first elect- the site has been prepared, at state cost, and ed to the City Council, Simi Valley’s public HONORING ZACHARY RAYMOND is ready for construction; and the design is safety was entrusted to the Simi Valley Com- BUKATY 95% complete. munity Safety Agency. Officers rode in white Bill Number: H.R. 2638, Army, RDT&E, 999 cars and wore light blue uniform shirts. It was HON. SAM GRAVES Classified Programs. an intentionally low-key and, some might say, OF MISSOURI Legal name and address of entity receiving casual approach to law enforcement. IN THE HOUSE OF REPRESENTATIVES earmark: Battle Command Battle Lab, Mr. Not long after my election to the council, I Jason Denno, Deputy Director, Fort became the city’s first elected mayor. Soon Friday, September 26, 2008 Huachuca, AZ 85613. thereafter, we transformed the Simi Valley Mr. GRAVES. Madam Speaker, I proudly Description of how the money will be spent Community Safety Agency into the Simi Valley pause to recognize Zachary Raymond Bukaty and why the use of federal taxpayer funding is Police Department. White patrol cars became of Grain Valley, Missouri. Zachary is a very justified: The Constant Look system is a proto- traditional black and whites. Community safety special young man who has exemplified the type biometric sensing capability developed for officers became trained and professional po- finest qualities of citizenship and leadership by the U.S. Army to support MOUT (military oper- lice officers and dressed the part. taking an active part in the Boy Scouts of ations in urbanized terrain). Its unique standoff Arch Morgan was an integral part of that America, Troop 1332, and earning the most capability gives users an ability to support sur- transformation into a professional police force. prestigious award of Eagle Scout. veillance and special operations remotely. I have done several ride-alongs with Arch over Zachary has been very active with his troop, User comments from several demonstration the years—in both white cars and black and participating in many Scout activities. Over the tests included requests for enhancements to whites. He is a professional’s professional and many years Zachary has been involved with improve usability and extend the capability of one of the most liked and respected members Scouting, he has not only earned numerous the system in terms of what can be collected of the department. merit badges, but also the respect of his fam- The Constant Look Operational Support Envi- Arch worked patrol for the first 5 years with ily, peers, and community. ronment (CLOSE) will provide that additional the department. He also served as the depart- Madam Speaker, I proudly ask you to join functionality by leveraging several proven off- ment’s Court Officer, field training officer, and me in commending Zachary Raymond Bukaty the-shelf technologies—a standoff digital col- on the department’s Driving Under the Influ- for his accomplishments with the Boy Scouts lection system and additional digital signal ence Team (DUIT). In 1980, he was promoted of America and for his efforts put forth in processing (DSP) to extract other types of bio- to sergeant. As a sergeant, Arch worked in achieving the highest distinction of Eagle metric signatures. Patrol, Patrol Support, Youth Services, Inspec- Scout. The U.S. Army’s ISR Battle Command Bat- tion & Planning, and the Special Enforcement f tle Lab at Fort Huachuca (BCBL-H) respond- Detail. For the past 111⁄2 years, he has super- ing to user requests—has developed and test- vised the Field Training Office Program. TRIBUTE TO JEAN HINES ed a stand-off biometric sensor system that al- Prior to his law enforcement career, Arch lows traditional and special operations units to was a Medical Corpsman for the U.S. Army HON. KENNY C. HULSHOF conduct surveillance and identify potential National Guard. He earned his associate of OF MISSOURI hostiles from a safe distance with a low prob- arts with a Police Science major from Moor- IN THE HOUSE OF REPRESENTATIVES ability of detection. To date, the majority of the park College. effort on Constant Look has focused on the Sergeant Archer Raymond Morgan, Jr., epit- Friday, September 26, 2008 core collection system technology and the omizes the professionalism of the Police De- Mr. HULSHOF. Madam Speaker, I rise user interface has not kept pace with available partment he has served for more than 3 dec- today to honor a special woman who has commercial technology. CLOSE will remedy ades and on which he has left a visible pos- more than left her mark on Missouri. Jean that by leveraging millions of dollars in com- sible mark. Hines, of Sullivan, has been named by Experi- mercial investment and integrating that invest- Madam Speaker, I know my colleagues join ence Works, provider of job training and em- ment into the Constant Look baseline. me in thanking Arch Morgan for his dedication ployment opportunities for older Americans, as CLOSE will provide CL users with a rapid to the Simi Valley Police Department and the the Outstanding Older Worker from the State capability to collect and model surveillance tar- people it serves, and in wishing him well in a of Missouri. Experience Works serves over get facilities, including ingress and egress, long and fruitful retirement. 20,000 older workers and local communities. from the same standoff range as the CL col- f Ms. Hines is a resident of the Ninth Con- lection system itself. Secondly it will extend TRIBUTE TO CARRIE CONLEY gressional District. She works as a machinist; the DSP capability resident within the CL specifically, she works in finishing operations baseline to extract other types of Indications for the Cardin Machine Shop, which makes and Warning (I&W) data. HON. JOHN SHIMKUS precision machine parts for the aerospace in- Description of matching funds: Not Applica- OF ILLINOIS dustry for companies such as Boeing and IN THE HOUSE OF REPRESENTATIVES ble. Lockheed. Appropriated Amount: $1,600,000. Friday, September 26, 2008 Experience Works began in the summer of Project Name: Constant Look Operational Mr. SHIMKUS. Madam Speaker, I rise today 1963 when President John F. Kennedy de- Support Environment (CLOSE). to honor the admirable accomplishment of kid- cided to make poverty reduction a focus of his Funding Source: Army, RDT&E, 999 Classi- ney transplant recipient, Carrie Conley. Mrs. anticipated 1964 reelection campaign. Shortly fied Programs. Conley won two gold and two silver medals at thereafter, President Lyndon B. Johnson, look- f the U.S. Transplant Games. ing to help heal a shocked Nation after Presi- IN HONOR OF ARCHER RAYMOND In a brief statement Conley says, ‘‘I attend dent Kennedy’s assassination, took the advice MORGAN, JR. the games to promote organ donation and to of several national leaders and declared war honor my donor family, which I met in 2004 at on poverty. HON. ELTON GALLEGLY the Louisville games.’’ Mrs. Conley received On October 5, 1965, President Johnson signed the Nelson Amendment to the Eco- OF CALIFORNIA her kidney failure gradually from polycystic nomic Opportunity Act, which funded the IN THE HOUSE OF REPRESENTATIVES kidney disease. She won gold medals in swimming and golf, and her silver medals in ‘‘green thumb’’ project of the National Farmers Friday, September 26, 2008 the 5K race and track and field. Union. Soon after, Green Thumb, Inc. (now Mr. GALLEGLY. Madam Speaker, I rise in The U.S. Transplant Games encourage ath- Experience Works) became the first nonprofit honor of Simi Valley Police Department Ser- letes of all ages who have received trans- organization whose sole function was to help

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00021 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.000 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 22877 provide jobs for disadvantaged rural Ameri- Corporal Walker has been an inspiration to Madam Speaker, this is a fitting tribute to a cans. many others as well. Recently, I had a discus- fine young man who has sacrificed so much While the Economic Opportunity Act stalled sion with Bert Caswell, a member of the Cap- for his country, and I hope that the House will in Congress, Lady Bird Johnson helped press itol Guide Service. Bert had met Brad at Wal- join me in honoring Corporal Walker for his the initiative forward. A proposal suggested ter Reed Medical Center and was truly moved service and thanking Bert Caswell for his trib- taking ‘‘the ‘green thumbs’ of poor, older, and by his story. That inspiration led Bert to write ute to this young man’s service and sacrifice. retired farmers and put them to work to beau- a poem that honors Corporal Walker. I en- f tify our highways.’’ The First Lady said that joyed having the opportunity to read this poem ‘‘an opportunity is presented here to provide and wanted to share this with the House of TRIBUTE TO LIMA COMPANY [older farmers] with useful employment for Representatives: which they are fully qualified, and at the same WALKING TALL HON. DAVID L. HOBSON time. to beautify highways for the benefit of all (By Albert Carey Caswell) OF OHIO our people.’’ There’s a calm before the storm... IN THE HOUSE OF REPRESENTATIVES Over time, that program went from beautifi- Upon, battlefields of honor in hearts as Friday, September 26, 2008 cation projects in four States to a major Fed- worn... eral workforce initiative known as the Senior All in souls of honor, as into the darkness Mr. HOBSON. Madam Speaker, I request to their hearts of courage move on . . . submit this tribute in honor of the Lima Com- Community Service Employment Program where magnificence is born... (SCSEP), which today provides training, em- pany of the 3rd Battalion, 25th Marine Regi- And when that battle is done... ment based in my congressional district. The ployment, and community service opportuni- Fine Men and Women of honor lie face down, ties to thousands of seniors across the coun- living but their last most brilliant piece was written by Albert Caswell. try. suns! Rest! Rest our fine sons . . . Your war is I believe this program is an effective tool, And then there are those ones, left behind now over . . . Your battle’s begun . . . which helps to strengthen families, commu- with new battles begun . . . without There’s Company in Heaven . . . There’s a nities, and our Nation by providing older work- arms and legs our sons... new force to be found . . . There’s a new band of 23 brothers, of so renown . . . ers with opportunities to learn, work, and As somehow their heart’s must get up and walk again... There’s a new winged force of Angels, war- serve others. Many of Missouri’s seniors have All in their pain and heartache, as their riors in the Army of our Lord now . . . benefited from this program. most splendid souls must somehow There’s 22 Magnificent Marines and a Corps- Ms. Hines will be honored this week in begin... man, who are all out in front, moving so Washington, DC, during National Older Work- Telling them to get up and walk, as these forth out on the prowl . . . ers Week. Today I want to shine a spotlight on inner voices of faith and courage so Heading in a divine direction, to do a bat- not only Ms. Hines’ achievements, but also on much has taught in the end! tle for our Lord . . . to fight the darkness, as the vital role that older workers play in our Na- Taught us all about the walk, the walk of it’s the light they so ensure! The ones who so life... lived and so died for each other, in the dark- tion’s economy. Ms. Hines’ tireless commit- est times of war . . . as where their great ment to her work has helped break down the All in the kinds of battles we so chose to fight, all in these our darkest days of burdens bore. Who have now come back as barriers to hiring, training, and retaining older night... Angels, in this the greatest of all force . . . workers. Indeed, she is a role model for other All between dark and light, life and death listen on the wind, you’ll hear their voices. older workers and employers. She has shown . . . good and evil . . . as comes this Once but our bravest and brightest, who that much can be achieved and attained after battle, this their fine fight... were all once champions of right . . . there our United States Marines . . . Who were the the traditional retirement age. For these rea- Is but their walk so burning bright... finest of all sons our nation has seen, who so sons, I am privileged to stand before this body Is but their walk of life, which brings such light . . . to everyone there so in bravely left all their loved ones to do what and congratulate Ms. Hines on her receipt of must be done! While, strength in honor was this prestigious award. It is much-deserved. sight... Are all those steps they take, watching them but their most magnificent of themes, but f . . . as all of our hearts so begin to willing to die for us and give up all their break, all on this night... dreams. HONORING MARINE CORPORAL Moments on this earth are but all we so BRADLEY J. WALKER And now upon this day, so seen... have, to make a difference, to crush hearts Is but a fine United States Marine, Corporal . . . all in our shortest of life paths. To grab HON. DAVID DAVIS Bradley J. Walker of Tennessee... hearts, from the beginning, where we so Who went off to war, who gave up his two start, to stare right into the face of death OF TENNESSEE fine legs all for our country tis of with but only your fine hearts. thee... IN THE HOUSE OF REPRESENTATIVES But for the greater good, as only they Friday, September 26, 2008 While, there in the face of death... could . . . There’s Company in Heaven . . . As he looked down to see no legs left, when it’s getting crowded up here! As the Lord our Mr. DAVID DAVIS of Tennessee. Madam he began his most heroic quest... Father, welcomes these fine warriors in all Speaker, I rise today to bring to the attention But, cheating death . . . as he began to walk of his tears! of the House of Representatives the story of . . . step by step . . . as his faith our And if I ever have a son, I but hope and Marine Corporal Bradley J. Walker of White world would bless... pray and so wish . . . that he could but be Pine, Tennessee. As Brad, stands even taller on this day... like all of these fine ones! Corporal Walker, a proud American and All in what his heart has now so conveyed, Yeah, There’s Company in Heaven . . . New all in those new steps he has so Angels up here! Ready for this new battle proud Marine, was injured when his Humvee made... which appears! vehicle was hit by an improvised explosive de- For Marines can do, and a heart of courage And when there comes a gentle rain . . . vice in Haditha, Iraq in November of 2006. As full can so teach so much too . . . all in your sons’ tears of love shall wash down a result of his injuries, Corporal Walker had courage’s way! upon you to so ease all of your pain . . . both legs amputated at the knees. Since that All in our walk o life... Until, one day up in Heaven . . . you will all time, Corporal Walker has been an inspiration Will we walk tall, and with our souls so burn so meet again! And you won’t have to cry no to all of us as he has taken to his recuperation bright? Doing what is right! more . . . FAOY. with the same drive and determination that As comes this night, Walking Tall . . . Cor- LIST OF THE LIMA COMPANY FALLEN was the hallmark of his service with the Ma- poral Bradley Walker this valiant Lance Corporal Timothy M. Bell, Jr.; rine Corps. knight... Lance Corporal Eric J. Bernholtz; Corporal As has always been the case, the commu- Brad, The Toast of Tennessee... Dustin A. Derga; Lance Corporal Nicholas B. nity of White Pine rallied to the cause of Walk- One damn fine United States Marine... Erdy; Lance Corporal Wesley G. Davids; Ser- And if I ever have a son, I but hope and pray geant David N. Wimberg; Lance Corporal Mi- er’s family in the true ‘‘Volunteer State’’ spirit he’d be like this one . . . Walking Tall chael J. Cifuentes; Lance Corporal Chris- by transforming their home to meet Corporal like Bradley! topher J. Dyer; Lance Corporal Jonathan W. Walker’s new needs as well as honoring him In honor of Corporal Bradley J. Walker, D Grant; Sergeant David Kenneth J. Kreuter; with a parade and a declaration of ‘‘Brad Co., 4th Combat Engineer Battalion of White Lance Corporal Jourdan L. Grez; Private Walker Day.’’ Pine Tennessee. First Class Christopher R. Dixon.

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00022 Fmt 0689 Sfmt 0634 E:\BR08\E27SE8.000 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22878 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 September 27, 2008 Lance Corporal Christopher P. Lyons; Staff including conflicting information and multiple fected with a sexually transmitted disease and Sergeant Anthony L. Goodwin; Petty Officer diagnoses for the same symptoms. 40 percent of women will get pregnant before 3rd Class Travis Youngblood; Sergeant Jus- The Independence at Home Act addresses they reach 20 years of age. The facts confirm tin F. Hoffman; Staff Sergeant Kendall H. the critical needs of these patients, for whom Ivy II; Lance Corporal Nicholas William B. what many of us here in Congress have been Bloem; Corporal Andre L. Williams; Lance coordinated care has the greatest potential to saying for years, abstinence-only programs do Corporal Grant B. Fraser; Lance Corporal achieve positive results. Through the creation not work. Aaron H. Reed; Lance Corporal Edward A. of a 3-year demonstration project in 26 states, This is a public health concern and we must Schroeder II; Lance Corporal William B. our legislation provides for patient-centered reject funding for abstinence-only programs Wightman. health care directed by physicians and nurse they are ideologically driven and are wishful f practitioners working as part of a team of thinking. Citizens in my district are demanding caregivers qualified to deliver quality health comprehensive sex education to keep our HONORING MATTHEW AARON services for this specific Medicare patient youth healthy and safe. A majority of voters in GATES group. The Independence at Home program is nearly every demographic category strongly designed to fund better health care and im- support comprehensive sex education and HON. SAM GRAVES proved health care technology through savings want public schools to teach it, including 78 OF MISSOURI it achieves, using an innovative health care percent of Catholics. IN THE HOUSE OF REPRESENTATIVES delivery model to permit the growing number Congress must put an end to ineffective Friday, September 26, 2008 of Medicare beneficiaries with multiple chronic programs that only cover abstinence until mar- conditions to remain as independent as pos- riage and start putting our money where it Mr. GRAVES. Madam Speaker, I proudly sible for as long as possible and to receive works: into comprehensive sex education. Our pause to recognize Matthew Aaron Gates of care in a setting that is preferred by the bene- next generation is depending on us for accu- Platte City, Missouri. Matthew is a very special ficiary involved and the family of such bene- rate, lifesaving information, and it’s time we young man who has exemplified the finest ficiary. gave it to them. qualities of citizenship and leadership by tak- In addition to delivering holistic, preventive f ing an active part in the Boy Scouts of Amer- care that enables patients to remain in their ica, Troop 1351, and earning the most pres- own homes, the Independence at Home dem- IN HONOR OF JOHN LAIRD tigious award of Eagle Scout. onstration projects hold providers accountable Matthew has been very active with his for quality outcomes, patient satisfaction, and HON. SAM FARR troop, participating in many Scout activities. a mandatory minimum 5 percent savings on OF CALIFORNIA Over the many years Matthew has been in- an annual basis compared to Medicare costs IN THE HOUSE OF REPRESENTATIVES volved with Scouting, he has not only earned that would have been incurred if the bene- Friday, September 26, 2008 numerous merit badges, but also the respect ficiary had not participated in the demonstra- of his family, peers, and community. tion project. Our bill generates these savings Mr. FARR. Madam Speaker, I rise today to Madam Speaker, I proudly ask you to join by providing comprehensive and coordinated recognize the service of a truly remarkable me in commending Matthew Aaron Gates for care to the highest cost Medicare beneficiaries public servant. Assemblymember John Laird, his accomplishments with the Boy Scouts of with multiple chronic conditions, reducing du- who has represented the coastal portions of America and for his efforts put forth in achiev- plicative and unnecessary services and avoid- Santa Cruz and Monterey Counties in the ing the highest distinction of Eagle Scout. ing unnecessary hospitalizations and emer- California legislature for the last 6 years, will f gency room visits. As demonstrated by the leave the legislature at the end of this current Veterans Administration and many other exist- term as a result of term limits. I know I speak INTRODUCTION OF INDEPENDENCE ing programs, the Independence at Home Act for the whole House, particularly my col- AT HOME ACT has the potential both to promote quality, ef- leagues from the California delegation, in ex- fective care and significantly reduce costs. tending our gratitude and admiration to John HON. EDWARD J. MARKEY Our bill has been endorsed by the American for his Assembly service. OF MASSACHUSETTS Academy of Home Care Physicians; AARP; In 2002, John was first elected to represent IN THE HOUSE OF REPRESENTATIVES the American Academy of Nurse Practitioners; the 27th Assembly District, which I rep- resented during my tenure in the Assembly. Friday, September 26, 2008 the National Family Caregivers Association; the Family Caregiver Alliance/National Center His constituents, including me, returned him to Mr. MARKEY. Madam Speaker, I rise to in- on Caregiving; the American Association of the Assembly in 2004 and 2006 by over- troduce the Independence at Home Act. I am Homes and Services for the Aging; the Mary- whelming margins. Once in office, John quick- pleased to introduce this important legislation land-National Capital Home Care Association; ly gained a reputation as a quick study of today with my colleagues in the House, Rep- the Visiting Nurse Associations of America, complex policy matters and a member who resentatives. CHRIS SMITH (R–NJ) and RAHM and Intel Corp. works with just about anybody in the Capitol. EMANUEL (D–IL), and my colleagues in the I look forward to working with my colleagues At the start of his second term in 2004, Mr. Senate, Senators RON WYDEN (D–OR), BAR- on both sides of the aisle to move this impor- Laird joined the Assembly leadership team as BARA MIKULSKI (D–MD), BENJAMIN CARDIN (D– tant legislation. chair of the Budget Committee, a position to MD) and SHELDON WHITEHOUSE (D–RI). f which he won reappointment to in December Our legislation is designed to improve the 2006. As budget Chair, John was a key figure quality of care received by a particularly vul- REAL SEX ED WEEK in working with the Governor and other legisla- nerable portion of the Medicare population— tive leaders in crafting the State’s annual beneficiaries with multiple chronic and debili- HON. RUSH D. HOLT budget. Sometimes those other parties went tating diseases, including Alzheimer’s, Parkin- OF NEW JERSEY along with John and the budget came in on son’s, ALS, diabetes and other conditions. IN THE HOUSE OF REPRESENTATIVES time. Other times, those other parties departed Medicare beneficiaries with multiple chronic from John’s lead and delayed the budget’s conditions account for a disproportionate Friday, September 26, 2008 adoption. In each of these budgets, John left share of Medicare spending compared to their Mr. HOLT. Madam Speaker, our govern- his stamp on the lives of Californians by fight- representation in the overall Medicare popu- ment has spent $1.5 billion in what is a failed ing for reduced community college fees, K–12 lation. Specifically, CMS reports that each policy for our Nation’s children. Our invest- education, and funding for transportation, park year, 10 percent of the Medicare population ment in abstinence-only education has failed maintenance and foster care. accounts for two-thirds of all Medicare fee-for- in giving our teenagers the medically accurate, During Mr. Laird’s tenure, he authored a service program payments. Because this pop- life-saving information about birth control and wide range of bills that were signed into law— ulation sees an average of 13 physicians and sexually transmitted infections they need to to establish the landmark Sierra Nevada Con- fills about 50 prescriptions per year, bene- make informed decisions. According to the servancy, restore community college health ficiaries with multiple chronic conditions often Centers for Disease Control, one out of every services, and to expand and clarify State civil receive disjointed care from health providers, four teenage girls in the United States is in- rights protections. In the 2006 session, he

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00023 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.000 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 22879 successfully authored bills to provide new pro- young man who has exemplified the finest There is also sadness in Missouri, for not all tections for sea otters, help build a new vet- qualities of citizenship and leadership by tak- of our levees along the Mississippi River held. erans cemetery at the former Fort Ord, pro- ing an active part in the Boy Scouts of Amer- In addition to the tragic flooding in Iowa and vide pay increases for park rangers and fish ica, Troop 1351, and earning the most pres- Illinois, many areas of Lincoln County saw lev- and game wardens, and support local afford- tigious award of Eagle Scout. ees breached, and the air filled with news able housing trusts. Joseph has been very active with his troop, choppers that captured images of the flooding. Raised in Vallejo and educated in Vallejo participating in many Scout activities. Over the This flooding has a profound effect on every- public schools, Mr. Laird’s parents both were many years Joseph has been involved with one who lives or works near the river because educators. They bequeathed to John a deep Scouting, he has not only earned numerous once you lose a crop or are forced to rebuild respect for public service and a passion for merit badges, but also the respect of his fam- a house, you will always be able to empathize the Chicago Cubs. He graduated from UCSC’s ily, peers, and community. with those who find water where a home or Adlai Stevenson College. He served on the Madam Speaker, I proudly ask you to join farm should be. congressional district staff of Congressman me in commending Joseph John McLain for And just as friends, neighbors and perfect Jerome Waldie, was an analyst for the Santa his accomplishments with the Boy Scouts of strangers helped shore up Clarksville, Canton Cruz County Administrative Officer, and was America and for his efforts put forth in achiev- and West Quincy’s levees, we Missourians Executive Director of the Santa Cruz AIDS ing the highest distinction of Eagle Scout. helped Iowans, Illinoisans and our brothers Project. f and sisters elsewhere in Missouri rebuild their In 1981, Mr. Laird was elected to a seat on lives this summer and now into this fall. Com- the Santa Cruz City Council where he served MISSISSIPPI FLOODS munities up and down the Mississippi River until 1990. He was elected by the City Council have exhausted themselves and their re- to one-year mayor’s terms in 1983 and 1987, HON. KENNY C. HULSHOF sources to fight this flood. becoming one of the first openly gay mayors OF MISSOURI To truly honor their service, we must con- in the United States. He served as an elected IN THE HOUSE OF REPRESENTATIVES tinue to ensure that FEMA and our other fed- member of the Cabrillo College Board of Friday, September 26, 2008 eral agencies and resources are committed to Trustees from 1994 to his election to the As- the cause of recovery from this and future dis- sembly in 2002. Thanks to the recent land- Mr. HULSHOF. Madam Speaker, when asters. We will remain diligent in this effort, for mark decision by the California Supreme standing at the tops of the levees overlooking to do otherwise would cheapen the work that Court, John was able to marry his longtime the Mississippi River, the mind’s eye can still the thousands of volunteers in my district and partner John Flores. recall the army of sandbags atop the dirt and elsewhere in Missouri put forward on this ef- Madam Speaker, I can think of no better ar- sand. You can still remember the smell of die- fort. I could not look JoAnne Smiley and all gument against California’s legislative term sel fumes from the drainage pumps sending our other volunteers and coordinators in the limits than John’s leadership and record. On water out over the levee walls this summer. face without making this commitment, for this behalf of the House, I want to wish John and Thankfully, after the waters rose and fell, the is what their commitment deserves and re- his husband every happiness and urge him to sun shines again in my district. The floods are quires. continue his great record of service. by no means forgotten. Winfield even today is still recovering from levee breaks, and La- f f Grange, Clarksville and Louisiana are still dis- TRIBUTE TO KEITH CASON posing of debris left behind throughout their 50TH ANNIVERSARY OF THE FIRST towns. However, the signs of water lines VERTICAL ASCENT OF EL CAPI- HON. JOHN SHIMKUS against levees and unprotected structures TAN OF ILLINOIS mean lives are moving toward normalcy. After weeks of fighting floodwaters this summer, IN THE HOUSE OF REPRESENTATIVES HON. GEORGE RADANOVICH Jeff McReynolds gets to see his wife and baby OF CALIFORNIA Friday, September 26, 2008 at night, and Mark Campbell eats meals at IN THE HOUSE OF REPRESENTATIVES Mr. SHIMKUS. Madam Speaker, I rise to home. In short, Northeast Missouri is begin- Friday, September 26, 2008 mourn the passing of a great American. Keith ning to recognize normal again. Cason was an example of a true American Growing up in the shadow of Mississippi Mr. RADANOVICH. Madam Speaker, I family man. He grew up in Fairmont City and River levees, I know the stress and anguish a would like to take this opportunity to recognize moved to the Caseyville area to raise his fam- flood brings. I also know that those who sand- the 50th anniversary of the first vertical ascent ily. He always had a smile on his face and al- bag levees to save their neighbor’s home or of Yosemite’s El Capitan. Standing at 3,593 ways set a good example of what we strive to farm are some of the biggest heroes we have feet above the Yosemite Valley floor, EI Capi- be. He was full of life and energy and enjoyed in Missouri. So, with that said, let me now tan is the largest granite monolith in the world. attending church on Sundays with his father. honor Canton Emergency Services Director Since it was named by the Mariposa Battalion Tragically, Keith was lost in an automobile Jeff McReynolds; Hannibal’s Emergency Serv- in 1851, this natural wonder has lured trav- accident in St. Louis on July 15 of this year. ices Director John Hark; LaGrange City Ad- elers and climbers from all over the world. My thoughts and prayers are with his wife ministrator Mark Campbell; Alexandria Mayor The natural beauty and wonders of Yosem- Mary, his sons Ryan and Craig, his sisters Bob Davis; West Quincy’s Roger Sutter and ite National Park have inspired countless trav- Kena and Karen, his father Charles and all Norman Haerr; Louisiana Mayor Don Giltner; elers and have earned Yosemite its reputation those who mourn at this time for Keith. He de- LaGrange City Administrator Mark Campbell; as the ‘‘crown jewel’’ of the National Park Sys- voted his life to his family and his country, and Lewis County Emergency Manager David tem. It was this very majesty that compelled he left a positive mark on both. He will be Keith; Des Moines River Drainage District Wayne Merry, George Whitmore and Warren dearly missed by all who had the privilege to Chairman John Winkleman; Louisiana City Ad- J. Harding to fearlessly ascend the seemingly know him. ministrator Bob Jenne; Pike County Emer- impassable face of El Capitan and become f gency Manager Al Murry; Marion County legends amongst the climbing community. Drainage District Commissioner Brent Hoerr; Over a strenuous period of 47 days, this HONORING JOSEPH JOHN MCLAIN South River Drainage District Commissioner team of climbers courageously charted the David Bleigh; Gregory Landing Drainage Dis- Nose Route vertically over the face of EI Capi- HON. SAM GRAVES trict Commissioner Kent Leftwich; and Clarks- tan. Lacking many of the technological devel- OF MISSOURI ville Mayor JoAnne Smiley for leading the ef- opments available in current climbing gear, IN THE HOUSE OF REPRESENTATIVES forts to protect their hometowns. I also thank these men relied heavily on aid climbing with Colonel Setliff and Colonel Sinkler of the U.S. nothing more than fixed rope, pitons and ex- Friday, September 26, 2008 Army Corps of Engineers. And, finally, I thank pansion bolts to facilitate their ascent. Finally, Mr. GRAVES. Madam Speaker, I proudly every citizen, National Guard soldier and gov- on November 12, 1958, they conquered the pause to recognize Joseph John McLain of ernment official that helped saved our towns. summit of EI Capitan, effectively raising the Platte City, Missouri. Joseph is a very special These men and women are all true heroes. standards of climbing throughout the world.

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00024 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.000 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22880 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 September 27, 2008 I am proud to recognize the accomplishment Judy Park for her excellent service to pro- Ogemaw County’s veterans these past 26 of Wayne Merry, George Whitmore and War- tecting the rights of Federal employees and years and has distinguished himself as a true ren J. Harding on the occasion of their en- retirees. I congratulate Judy in her retirement leader in the community. Mr. Manina has deavor’s 50th anniversary. Thousands of and wish her the best in her future endeavors. worked for more than a quarter century to help climbers have since used the very same route f honor the commitment our Nation has made to to reach El Capitan’s summit and vista. I urge our veterans. For this, I know he has the grati- HONORING ARCHIE MANINA ON my colleagues to join me in recognizing the tude of Ogemaw County’s veterans and the HIS RETIREMENT AS DIRECTOR 50th anniversary of this achievement and hon- entire Ogemaw County community. OF THE OGEMAW COUNTY VET- oring the brave men of the original climbing Madam Speaker, Archie Manina is a humble ERANS AFFAIRS OFFICE AFTER team. man who has worked hard to recognize his 26 YEARS f fellow veterans for their achievements, while never seeking recognition for his own. I ask HONORING JUDY PARK HON. BART STUPAK that you and the entire U.S. House of Rep- OF MICHIGAN resentatives join me in thanking and saluting HON. FRANK R. WOLF IN THE HOUSE OF REPRESENTATIVES Mr. Archie Manina for his 26 years of service OF VIRGINIA Friday, September 26, 2008 with the Ogemaw County Veterans Affairs Of- IN THE HOUSE OF REPRESENTATIVES Mr. STUPAK. Madam Speaker, I rise to rec- fice and wishing him well on his retirement. Friday, September 26, 2008 ognize Archie Manina of Rose City, MI. Mr. f Manina has served as director of the Ogemaw Mr. WOLF. Madam Speaker, I rise today to TRIBUTE TO MR. JOHN ROTH AND County Veterans Affairs Office for 26 years MS. MARY TOMPKEY recognize Ms. Judy Park on the occasion of will be retiring effective November 30. In rec- her retirement after 40 years of dedicated ognition of his quarter-century of service, I ask service to the National Active and Retired that you, Madam Speaker, and the entire U.S. HON. JOHN P. MURTHA Federal Employees Association, NARFE, and House of Representatives join me in honoring OF PENNSYLVANIA the 4.6 million Federal workers and annuitants Archie Manina on this momentous occasion. IN THE HOUSE OF REPRESENTATIVES it represents. Mr. Manina was born in Rose City, Michigan Friday, September 26, 2008 Judy began her career at NARFE, then and spent the early years of his life living on known as the National Association of Retired a rural farm in Gratiot County, MI. For a time, Mr. MURTHA. Madam Speaker, I rise today Civil Employees, in 1968 when newly elected he attended a one-room country school and to honor the hard work of two great Ameri- president Thomas G. Walters asked her to join then a parochial school in Alma, MI. In the cans, Mr. John Roth and Ms. Mary Tompkey. him in starting a legislative presence. Only 4 summer of 1956, his family moved to the These two dedicated civil servants have been years out of college, Judy wasted no time. small farming community of Ithaca, MI. Mr. the glue in the resource management commu- Early victories included granting survivor bene- Manina went on to graduate from Ithaca High nity of the Department of Defense since the fits to second spouses of retirees, extending School in 1965 and attend Central Michigan start of the War on Terror. They have been survivor benefits to spouses in postretirement University to study secondary teaching. He tremendous assets in assisting the staff of the marriages, making retirees eligible to partici- worked as a harness horse groom and horse Defense Subcommittee in their review of the pate in the Federal Employee Health Benefits trainer during his summers while in college, a defense budget and have worked tirelessly in Program open season, restoring full annuities hobby that has stuck with Mr. Manina through- the service of their country. to retirees at the death of a survivor, and in- out his life. In June 1969 he graduated with a Madam Speaker, Mr. Roth is the Deputy creasing the Government share of health pre- degree in secondary education and was simul- Comptroller (Program/Budget) within the Office miums. taneously commissioned a second lieutenant of the Undersecretary of Defense (Comp- In 1976, Judy became the first legislative di- in the U.S. Army. troller). As such, he is responsible for all as- rector for NARFE and began hiring a staff. In In July 1969 Lieutenant Manina went on ac- pects of the Department of Defense budget’s the 1980s, Judy coordinated a major NARFE tive duty and after completing the Infantry Offi- preparation, defense, and execution. The FY effort that resulted in the crafting of the Fed- cer Basic Course and Airborne School he was 2009 budget alone totaled $515 billion in over eral Employees Retirement System, FERS, assigned to the 82nd Airborne Division at Fort 50 appropriations and accounts in addition to after Federal employees were required to be Bragg, NC. He was reassigned to Vietnam $70 billion to support operations for the War universally covered by Social Security. and served there until May 1971 as a platoon on Terror. Before taking his current position in Perhaps the biggest legislative accomplish- leader and intelligence officer. For his service, 2001, Mr. Roth was the Deputy Director for In- ment of her career was the repeal of the Medi- Lieutenant Manina was awarded the Bronze vestment with the Office of the Undersecretary care Catastrophic Protection Act of 1988, be- Star Medal, Combat Infantryman’s Badge, and of Defense (Comptroller). cause everybody said the repeal would never Basic Parachutist’s Badge. Mr. Roth entered civil service as a trainee in happen. Judy saw that the new law placed an Upon release from the Army, Mr. Manina the Department of the Navy’s Centralized Fi- unjust surtax on all retirees, especially Federal trained harness horses for a year prior to en- nancial Management Training Program. He retirees. NARFE worked with the Military Offi- tering graduate school at Central Michigan has completed tours of duty at the Norfolk cers Association of America and ultimately put University in August 1972. He graduated with Naval Supply Center, the Naval Data Automa- together a 38-organization Coalition for Afford- a special education certificate in June 1973 tion Command, and the Office of the Secretary able Health Care that continues to work to- and soon after received a master’s degree in of Defense (OSD). He started in the Defense gether today. special education. On August 4, 1973, he mar- Comptroller’s office as a budget analyst in Judy has dedicated her life to ensuring that ried Susan Hashbarger and they soon moved 1984 and has, over the years, reviewed a Federal employees and retirees are treated to La Grange, IN, where Mr. Manina taught at wide variety of weapon system programs fairly and with respect—an incredible recogni- Lakeland High School. Archie and Sue were across all Defense components. tion of the important work civil servants per- blessed with two sons. Madam Speaker, since 2005 Ms. Tompkey form given that she is not a Federal retiree In 1975, Archie and Sue Manina moved has been the Assistant Deputy Director of the herself. During her 40-year career, Judy has back to Michigan, where Archie worked in Program Budget Office of the Under Secretary met with six U.S. Presidents and scores of Roscommon, MI, as teacher for severely men- of Defense (OSD) Comptroller. In this position congressional Members; she has worked with tally impaired students. In June 1979, he left she has helped to lead during a time of signifi- a dozen NARFE presidents; and she has seen the education field and became the assistant cant organizational change and has assisted the NARFE membership double in size. to the administrator of Ogemaw Valley Medical the Under Secretary Comptroller during note- Perhaps a former employee describes Judy Facility in Rose City until January 1984. In worthy periods of transition. best when she says that Judy ‘‘embodies the June 1983, Archie Manina became the direc- From 2002 to 2005, Ms. Tompkey worked words ‘trust, leadership and grace.’ ’’ It has tor of Veterans Affairs in Ogemaw County, a as Director of Operations and Personnel in the been my pleasure to work with Judy on issues position he still holds today. Office of the Under Secretary of Defense of importance to Federal employees and re- As a U.S. Army veteran himself, Archie (OSD) Comptroller and was previously the tires and I ask that you join me in applauding Manina has been a tireless advocate for Deputy Director for Military Construction and

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ZAKA first aid are truly a model for other communities to fol- worked as an Associate Director for Invest- materials and supplies and volunteers are low in expressing their civic pride. ment, a Budget Analyst for the Directorate for prepositioned in practically every Israeli com- f Plans and Systems, a Budget Analyst for the munity; along with special motor scooters Directorate for Operations and Personnel, and ready to take them to the scene of any acci- HONORING MAJOR GENERAL RITA a Budget Analyst in the Department of the Air dent or terrorist attack day or night. ARAGON Force where she started in 1975. ZAKA has gained international recognition Together, these two have been instrumental by expanding their rescue and recovery work HON. MARY FALLIN in the formulation and passage of all of the around the world to include the United States. OF OKLAHOMA Department of Defense Appropriations bills In the aftermath of the deadly Indian Ocean IN THE HOUSE OF REPRESENTATIVES and War Supplemental Appropriations bills earthquake and tsunami in 2004, ZAKA teams Friday, September 26, 2008 since the War on Terror began in 2002. were on the ground and worked side-by-side Madam Speaker, I rise today to acknowl- with the host nations and other international Ms. FALLIN. Madam Speaker, today I rise edge the hard work and selfless service of rescue and recovery teams to help identify vic- to commend and congratulate retired Major these two outstanding individuals. On behalf of tims. ZAKA has also helped return victims of General Rita Aragon, who has been named the United States Congress, I say ‘‘thank you’’ plane crashes in Russia and Namibia as well Woman of the Year by the Journal Record for their over fifty years of combined service as help rescue and preserve sacred Jewish business newspaper in Oklahoma City. and experience, for their dedication to the De- Torahs in New Orleans after Hurricane Rita Aragon’s story is an inspiration to all partment of Defense, and for their work on be- Katrina. Last year alone, ZAKA volunteers par- women. As a single mother working as a pub- half of our brave men and women in uniform. ticipated in more than 18,000 life-saving or lic school teacher, she joined the Oklahoma I would like to conclude my remarks by saying search-and-rescue incidents, and I believe that Air National Guard more than 30 years ago. In that I look forward to working with them for ZAKA has a level of emergency preparedness 1989 she became the first unit commander in many more years. and response expertise that we here in the the Guard, and by 2003 she had risen to the f United States could benefit from. That’s why I rank of Brigadier General. As a Major General truly believe America’s first responders and she served on active duty as assistant to the AMERICA CAN LEARN FROM THE our communities could benefit from ZAKA’s commander of air education and training and EXPERIENCE OF ZAKA SEARCH expertise and vice versa. ZAKA’s dedication to later as assistant to the chief of Staff Man- AND RESCUE ‘‘saving those who can be saved, and hon- power and Personnel in the Pentagon. Since oring those who cannot’’ should be com- her retirement she has returned to education HON. DAN BURTON mended and I am proud to stand up and rec- as director of advance programs at the Col- OF INDIANA ognize their good works. lege of Continuing Education at the University IN THE HOUSE OF REPRESENTATIVES Our Nation’s first responders are dedicated of Oklahoma. Throughout her career, Rita Aragon has Friday, September 26, 2008 and, in my opinion, the best in the business. I commend all of America’s first responders given her time and talent to many community Mr. BURTON of Indiana. Madam Speaker, and the countless volunteer organizations who organizations and served on the boards of in the aftermath of September 11th, we have came to the rescue of their fellow citizens fol- many of those groups. During Oklahoma’s re- made huge strides in expanding and updating lowing September 11th, Hurricanes Katrina, sponse to the 1995 federal building bombing our Nation’s emergency preparedness and re- Rita and Ike, and who joined in the inter- in Oklahoma City she helped lead the military sponse capabilities. As a whole, our commu- national relief efforts to aid the victims of the contingent at ground zero. I am honored to nities are better prepared than ever before. 2004 tsunami. Simply put, international relief recognize Rita Aragon’s life of service to her However, like with everything else, more can organizations, like ZAKA and the Red Cross, nation, state and city. be done and we cannot lull ourselves into be- are critical backstop players in search-and-res- f lieving that we have all the answers; espe- cue and recovery efforts, and I hope my col- TRIBUTE TO DR. JERILYN MCIN- cially considering that we do not know what leagues will take the opportunity to research TYRE, PRESIDENT OF CENTRAL the next terrorist attack may look like. The old and learn about ZAKA’s story and capabilities. WASHINGTON UNIVERSITY military adage is that you go into the next war f with your army prepared for the last war; and I believe that philosophy applies to our Na- TRIBUTE TO CENTRALIA, ILLINOIS HON. DOC HASTINGS tion’s emergency response system. I believe OF WASHINGTON that our first responders have worked hard to HON. JOHN SHIMKUS IN THE HOUSE OF REPRESENTATIVES anticipate and train for a future crisis but what OF ILLINOIS Friday, September 26, 2008 will we do if those experts become the vic- IN THE HOUSE OF REPRESENTATIVES tims? It is not hard to imagine a scenario Mr. HASTINGS of Washington. Madam where terrorists attack police, firefighters and Friday, September 26, 2008 Speaker, I wish to speak today to pay tribute other emergency responders in order to sow Mr. SHIMKUS. Madam Speaker, I rise today to Dr. Jerilyn McIntyre, the President of Cen- more chaos and confusion. If our frontline re- to pay tribute to a great city in Southern Illinois tral Washington University (CWU). Dr. McIn- sponders go down are others prepared to step which has earned a great honor. tyre, who is the first female to serve as Presi- up and handle the crisis? Centralia, Illinois, was recently named a dent of CWU, will retire at the end of this year I believe that we should look to the efforts 2008 Governor’s Home Town Award winner after completing eight years of exceptional of ZAKA Rescue and Recovery, an Israeli vol- for its Centralia Clean Community Campaign, service to the students, faculty, and commu- unteer organization dedicated to helping vic- a community cleanup program. This year, nity of Central Washington University. tims of terrorist attacks, accidents or natural roughly one in eight members of the commu- Since her appointment, CWU has experi- disasters for guidance. I think we can all agree nity participated in some facet of the commu- enced a period of incomparable growth and that the threat of terrorist attacks and missile nity cleanup, which included such events as development. In fact, enrollment has increased strikes are an everyday worry for the people of curbside pickup, school neighborhood clean- by 27 percent. Dr. McIntyre has inspired aca- Israel; and ZAKA volunteers are often the first ups and liberty garden planting. demic advancement and diversity through the to arrive on the scene when tragedy strikes I want to congratulate the citizens of implementation of several initiatives. Specifi- working seamlessly with Israel’s police and Centralia not only on earning this recognition, cally, the Performing Arts and Presidential emergency responders. At the core of ZAKA’s but also on their civic mindedness and their Speaker Series, started in 2002, brings nation- mission is the belief in the preservation of willingness to take the time to show their pride ally renowned speakers and artists to CWU’s human dignity when disaster strikes. ZAKA in their community by helping to keep it clean. campuses; providing unique opportunities for volunteers provide first aid and rescue serv- I especially want to acknowledge Bev Virobik, students to learn about various ideas, art and ices, aid in the identification of the victims of coordinator for Clean & Green and Keep cultures. Dr. McIntyre has also encouraged terrorism, accidents and other disasters, and Centralia Beautiful for her organization’s ef- excellence and ingenuity through the Spheres

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In fact, the extensive ren- building activities, Murphy prides itself on pro- ovation and restoration of both residential moting the well-being of its residents of all Friday, September 26, 2008 campus and academic facilities under Dr. ages. Mr. SHIMKUS. Madam Speaker, I rise today McIntyre’s tenure have been recognized with This fast-growing city boasts over 14,000 to honor St. John’s United Church of Christ in national architectural awards. CWU’s Univer- residents, comprised largely of families. Pop- Breese, Illinois. For 150 years, St. John’s has sity Centers in Lynnwood, Des Moines, ular D Magazine has ranked Murphy as one of been one of its community’s cornerstones. Be- Steilacoom, Wenatchee, Moses Lake, and the premiere Dallas suburbs to live. Ebby fore a frame church was built in the summer Yakima have also benefited from renovation Halliday, a local real estate company, notes of 1858, services were held in the homes of projects, providing a modem and exciting at- that ‘‘Murphy offers a small town environment settlers and led by the people themselves. In mosphere that stimulates student life and aca- with ‘big city’ convenience. . . . This town is 1859, the Rev. Christepler Starck was called demic discovery. ideal for families looking for the best of both as the first resident pastor. A parsonage was In addition to her role as President of the worlds.’’ built in 1861 and the church’s membership university, Dr. McIntyre has continued to regu- I congratulate the good people of Murphy on continued to grow. larly teach courses at CWU. Sharing her in- its 50th anniversary and wish the residents Throughout its 150-year history, St. John’s structional talents and knowledge of commu- many more years of prosperity. UCC in Breese, Illinois has served both its nications studies clearly illustrates her enthu- f local community and the world. St. John’s siasm and desire to directly contribute to her works with House of Manna, a local food pan- student’s academic success. INCREASING SCHOOL’S OPPORTU- try, and runs a vacation bible school for local Dr. McIntyre earned her Bachelor of Arts in NITIES FOR SUCCESS ACT OF children. St. John’s members prepare meals History and Master of Arts in Journalism at 2008 for local seniors and send care packages to Stanford University, and received her Ph.D. in servicemen and women in Iraq. As an active History and Communication from the Univer- HON. STEVE BUYER contributor to the wider outreach of the United sity of Washington. She is the author of nu- OF INDIANA Church of Christ, St. John’s gives to meri- merous articles and papers on communication IN THE HOUSE OF REPRESENTATIVES torious national and international organiza- history, journalism ethics, and higher edu- Friday, September 26, 2008 tions. cation issues. St. John’s also embodies the spirit of neigh- Dr. McIntyre provided exemplary service to Mr. BUYER. Madam Speaker, today I intro- borliness: with its active involvement in yearly our state and the Central Washington Univer- duce the Increasing School’s Opportunities for ecumenical services; in its close working rela- sity community throughout her eight years at Success Act to make two important changes tionship with a local catholic church; and when CWU. I am honored that I had the opportunity to ‘‘No Child Left Behind.’’ it gives freely of space and time to local com- to work with Jerilyn, and I commend her for After meeting with local educators and prin- munity organizations. her achievements and dedication to expanding cipals I was inspired to reform ‘‘No Child Left I join with my fellow Representatives to con- the educational opportunities at the university. Behind’’ to better meet the needs of both edu- gratulate St. John’s on 150 years of faith, Undoubtedly Dr. McIntyre’s contributions have cators and students. This bill will allow high service, and neighborliness. made a remarkable and positive impression schools to stay competitive with graduation f on the lives and academic opportunities of rates as well as give them a chance to have countless students. better annual assessment scores by allowing TRIBUTE TO MAYOR TOM ROW- I am also pleased to hear that Jerilyn and limited English proficient, LEP, students have LAND OF CLEVELAND, TEN- her husband David will be retiring in more time to learn English before being test- NESSEE Ellensburg. It is great to know that they will re- ed. main constituents of mine and a part of the Currently, when a student with disabilities HON. ZACH WAMP Ellensburg community. Finally, I would like to does not graduate in the standard number of OF TENNESSEE thank Dr. McIntyre for her service at CWU, years (3 or 4 years), they are misrepresented IN THE HOUSE OF REPRESENTATIVES and wish her the very best in all of her future as a dropout against that school’s graduation endeavors. rate even though the Individuals with Disabil- Friday, September 26, 2008 f ities Education Act, IDEA, allows students with Mr. WAMP. Madam Speaker, today I rise to honor Mayor Tom Rowland of Cleveland, Ten- RECOGNIZING THE 50TH disabilities to stay in school until their 22nd nessee, which is in my district. On Monday, ANNIVERSARY OF MURPHY, TX birthday. Adding the provision outlined in my bill to ESEA would align it with IDEA, stand- September 8, 2008, at 3:05 p.m. Tom Row- ardizing the statutes. land made history. He became the longest- HON. SAM JOHNSON Current law allows limited English proficient, serving mayor in the city of Cleveland’s history OF TEXAS LEP, students to wait until they have been in with 17 years of service. He was elected IN THE HOUSE OF REPRESENTATIVES the United States for 3 years before being Mayor of the City of Cleveland in 1991 and is Friday, September 26, 2008 tested for English fluency. This bill simply ex- currently serving his fifth term. His dedication Mr. SAM JOHNSON of Texas. Madam tends that period of time to 5 years. By doing and hard work have made Cleveland home to Speaker, I want to recognize the city of Mur- so, LEP students will have more time to be- 11 Fortune 500 manufacturing companies as phy, TX, which is celebrating its 50th anniver- come proficient in English before being tested well as increasing the tourism economy ten- sary this week. This city’s rich history and en- and therefore reflected in the school’s annual fold. during perseverance serves as a shining ex- assessment. Tom has served the City of Cleveland in ample of the mettle of all Texans. Education is the basis for success and ‘‘No many capacities with integrity and distinction, The first settlers of Murphy arrived in 1846, Child Left Behind’’ is focused on ensuring that including: past president of the Tennessee establishing a village which later became our children receive a quality education—the Municipal League; selected Mayor of the Year, known as a shipping point for area farmers necessary foundation for a successful life. My 2004 by the Tennessee Municipal League; and stock raisers. bill offers two minor but substantive changes member of two standing committees of the However, it wasn’t until 1888 that it received to current law that will help our schools, stu- United States Conference of Mayors; past the name it is known by today when William dents, faculty and staff to better our education president of the East Tennessee Mayors As- Murphy donated the right of way used to build system. I ask for your support and the support sociation; vice chairman of the Tennessee Ad- a railroad line through the center of what of my colleagues to pass this important legis- visory Commission on Intergovernmental Rela- would become the town. lation. tions, the highest position you can hold and

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It is with great pride that I con- nessee Development District; on the Cleve- tire Federal Government. gratulate a fellow Baltimore City College grad- land Utility Board and Cleveland/Bradley I introduced this bill to apply the proven uate on his significant contributions to the Chamber of Commerce Economic Develop- BRAC model to all Federal agencies and pro- United States Air Force and the Nation. ment Council; member of the Tennessee State grams. This commission will consist of 17 bi- f Rail Advisory Commission; nd past Chairman partisan members, including both public and of the Tennessee Vocational Rehabilitation private sector officials, providing an objective, EARMARK DECLARATION Board. non-partisan, and independent review and Tom is a veteran of the United States Air analysis of all Federal agencies and programs. HON. CHARLES W. ‘‘CHIP’’ PICKERING Force, having retired recently as a Colonel The commission will target agencies and pro- OF MISSISSIPPI from the Tennessee State Guard. He is the grams that perform a duplicative function, IN THE HOUSE OF REPRESENTATIVES founder of Cleveland 100, an organization that would perform better at the State level or in Friday, September 26, 2008 assists surviving family members of officers, the private sector and create a list of rec- firemen and emergency personnel killed in the ommended realignments and closures. Con- Mr. PICKERING. Madam Speaker, con- line of duty. He spearheaded a project to build gress will then have an up or down vote on sistent with House Republican Earmark Stand- Tennessee’s first memorial to fallen police, fire the commission’s recommendations. All saved ards, I submit the following earmark disclosure and rescue personnel. The Emergency Serv- funds will be used solely for deficit reduction and certification information for seven project ices Memorial was dedicated in May of 2000. meaning it cannot be used to fund new gov- requests I made included within the text of Tom is the only Mayor in Tennessee serving ernment programs. H.R. 2638, the ‘‘The Consolidated Security, on the Homeland Security Council. Spending in Washington, DC, is completely Disaster Assistance, and Continuing Appro- And if that isn’t enough, Tom and his won- out of control. I believe that if we are going to priations Act for Fiscal Year 2009.’’ derful wife, Sandra, founded the Empty Stock- keep putting new spending and programs on Requesting Member: Congressman CHIP ing Fund, an annual drive that provides Christ- the table, then we absolutely must have a PICKERING. mas gifts each year to foster children in this mechanism to take old things off of the table. Bill Number: FY 09 Defense Appropriations community. In 2006 they consolidated the fund The American people understand that if you Bill. in cooperation with the Creating Christmas spend too much of your budget this month you Project: Regional Counter Drug Training Memories Foundation. cut back the next month and they expect their Academy. Madam Speaker, Tom actually lived in many government to work the same way. My legisla- Project Amount: $2.5 million. cities before settling in Cleveland in 1964. He tion will help drain the swamp in Washington Account: 01 Operating Forces Drug Interdic- was born in Florida, but his father worked for and put the Federal Government back to work tion and Counter-Drug Activities. a hotel chain. The chain would buy new prop- for the people. Legal Name of Requesting Entity: Regional erties and it was his dad’s job to move to f Counterdrug Training Academy. those places and get the business up and Address of Requesting Entity: 219 Fuller going. The family moved about every 2 years. TRIBUTE TO W. STUART Road, NAS Meridian, Mississippi 39309. Tom came to Cleveland to work for WCLE SYMINGTON III Description of Request: NGB identified an radio station, of which he eventually became FY2009 unfunded requirement of $24.2M for co-owner. In 1991, when a long-time member HON. C.A. DUTCH RUPPERSBERGER Counterdrug Schools. Funding for NGB of the city commission retired, Tom was OF MARYLAND Counterdrug Schools is essential. Current tapped to fIll out the unexpired term of 6 IN THE HOUSE OF REPRESENTATIVES Counterdrug (CD) Schools funding status im- pacts their ability to support DoD and Law En- months. When the sitting mayor decided not to Friday, September 26, 2008 run for reelection, he encouraged Tom to seek forcement/Community Based Organization the promotion. Madam Speaker, the rest, as Mr. RUPPERSBERGER. Madam Speaker, I training and CNNTF support. Inconsistent they say, is history. rise before you today to honor the memory of funding has prevented CD schools from devel- The City of Cleveland is very fortunate to W. Stuart Symington III, the Nation’s first Sec- oping long-term training plans to maximize have a man of this caliber at its helm. So retary of the Air Force. their capabilities. In FY2006, non-availability of today, I congratulate my friend, Mayor Tom W. Stuart Symington was born in 1901 in funds forced one of the five Counterdrug Rowland, for this historic accomplishment. Massachusetts. After graduating from Balti- schools to shut down. Failure to correct this f more City College in 1918, Symington enlisted unacceptable trend will increase the Nation’s in the Army as a private and at age 17 be- ability to field an adequate number of law en- THE FEDERAL AGENCY PROGRAM came one of the Army’s youngest second lieu- forcement professionals dedicated to com- REALIGNMENT AND CLOSURE ACT tenants. After World War I, Symington entered bating drug trafficking at the national, state, Yale University and graduated in 1923. and local levels. With appropriate funding, CD HON. JOHN SULLIVAN In 1938, after several years in the iron and Schools will also be better positioned to pro- OF OKLAHOMA electric manufacturing businesses, Symington vide counter narcotics-based training pro- IN THE HOUSE OF REPRESENTATIVES accepted the presidency of Emerson Electric grams critical to domestic law enforcement Company. During World War II, Symington against Narcoterrorism. Friday, September 26, 2008 transformed Emerson Electric into the world’s The RCTA Meridian budget has shown little Mr. SULLIVAN. Madam Speaker, I rise to largest builder of airplane gun turrets. growth since FY2000, yet the costs associated announce that yesterday I introduced H.R. Symington resigned from Emerson Electric with training law enforcement officers have in- 7071, the Federal Agency Program Realign- in 1945 to join the administration of President creased by approximately 20%. The requested ment and Closure Act of 2008, legislation that Harry S. Truman. When the Office of the Sec- funding would restore training opportunities to will change the way Washington does busi- retary of the Air Force was first created in the FY2000 level of approximately 5000 stu- ness once and for all. 1947, Symington became the first Secretary of dents per year. It is clear that the Federal Government is the Air Force. During his tenure, Symington Requesting Member: Congressman CHIP bogged down with rampant spending, contin- worked hard to give the new United States Air PICKERING. ually growing entitlement programs, an ever Force (which had previously been part of the Bill Number: FY 09 Military Construction/ increasing annual budget and a Federal deficit Army) respect, championing the United States Veterans Affairs Appropriations Bill. that economists predict will hit $500 billion by Air Force Academy, and the success of the Project: Fitness Center Addition. 2010. When the U.S. Military needed reform Berlin Airlift. Project Amount: $6.34 million. and more efficient spending, Congress and He served as Secretary of the Air Force Account: Military Construction; Navy & Ma- the Department of Defense employed the from September 18, 1947 to April 24, 1950, rine Corps. Base Realignment and Closure Commission, after which Symington ran for and served four Legal Name of Requesting Entity: Naval Air BRAC, to evaluate military needs and spend- consecutive terms as a Senator from Missouri. Station, Meridian.

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Address of Requesting Entity: 255 Rosen- transitioning of SFRT from a pure theoretical Requesting Member: Congressman CHIP baum Avenue, Meridian, Mississippi 39309. model and conceptual prototype. Preliminary PICKERING. Description of Request: This project would tests with the National Guard and Coast Bill Number: FY 09 Defense Appropriations add to the existing fitness facilities in order to Guard have generated a keen interest within Bill. ease overcrowding. It will also upgrade me- DoD for assessment of SFRT in a multi-di- Project: Silicon Carbide Electronics Material chanical and electrical systems, reduce main- mensional operations environment of Producibility Initiative. tenance costs, and provide space for military networked manned and unmanned tactical Project Amount: $4.8 million. water survival training. and wireless systems. Account: RDT & E, Air Force. The Fitness Center is required to support The FY09 request is intended to provide the Legal Name of Requesting Entity: Air Force 4078 active duty and reserve military, DoD means to incorporate the technology baseline Research Laboratory—Materials and Manufac- and Contract personnel. The existing fitness of SFRT with emerging technology as a new turing Directorate Survivability & Sensor Mate- facilities are incapable of meeting the present generation of advancements could significantly rials Division (AFRL/MLPS). DoD Fitness Standards. Additionally, some of reduce antenna size and weight, minimize the Address of Requesting Entity: Wright Patter- the facilities such as the gymnasium have sig- negative effects of required antenna vertical son Air Force Base, Ohio 45433 nificant roof leaks which contribute to mainte- polarity, and measurably enhance the perform- Description of Request: FY09 funding will nance, mold, and mildew problems. ance of robots and unattended ground sen- enable significant reductions in the size and Requesting Member: Congressman CHIP sors. weight of a vast number of military electronic PICKERING. Requesting Member: Congressman CHIP platforms and dramatically improve capabilities Bill Number: FY 09 Defense Appropriations PICKERING. and performance at significantly lower costs. Bill. Bill Number: FY 09 Defense Appropriations The program will accelerate semiconductor Project: MQ–5B Hunter Tactical Unmanned Bill. technology integration and development of a Aircraft (UAS). Project: Silicon Carbide Power Electronics domestic second source of production capac- Project Amount: $5 million. for More Electric Aircraft (MEA). ity for silicon carbide (SiC) based materials Account: Op;A Other Procurement, Army; Project Amount: $3.2 million. and devices. These devices are required for Tactical Unmanned Aerial Sys (Tuas)Mip. Account: RDT & E, Air Force. high performance and high frequency power Legal Name of Requesting Entity: UAS Legal Name of Requesting Entity: Air Force components for critical next-generation De- Project Office, Redstone Arsenal, PM Tactical Research Laboratory, Propulsion Directorate partment of Defense (DoD) systems. These Concepts, UAS Project Office, SFAS–AV– AFRL/PRPE. systems include solid state power substations UAS. Address of Requesting Entity: Air Force Re- (SSPS) for future all-electric warships with In- Address of Requesting Entity: Redstone Ar- search Laboratory, Wright-Patterson Air Force tegrated Power Systems (IPS); hybrid electric senal, AL. Base, Ohio 45433. military vehicles (HMMWV); high power naval Description of Request: The MQ–5B Hunter Description of Request: The Joint Strike surface radars for DD(X) and CG(X); and air- units provide Army Warfighters with real-time Fighter Program has documented that Silicon borne radars for F22, F35, tactical UAVs, Reconnaissance, Surveillance and Target Ac- Carbide (SiC) power electronics technology re- AWACS, JSTARS, and TPS–75. quisition (RSTA) and Strike (Armed Recon- duces weight and expense in technology for f naissance) employing the Viper Strike muni- the MEA program. This technology is a key to EARMARK DECLARATION tion. the Air Force’s high-temperature power elec- The Hunter has now flown approximately tronics planning, as presented in the Air 60,000 flight hours and nearly 30,000 hours in Force’s planning chart. This project provides a HON. DOUG LAMBORN the OIF theater. The system has proven a strong base of funding to develop the core SiC OF COLORADO proactive platform in winning the IED fight by high-temperature power electronics needed for IN THE HOUSE OF REPRESENTATIVES providing ‘‘eyes’’ over the U.S. Army’s main the high-temperature engine and flight actu- Friday, September 26, 2008 supply routes in OIF. Demand for the MQ–5B ators on JSF and other platforms. SiC based Mr. LAMBORN. Madam Speaker, pursuant Hunter’s day/night and Strike capability will re- power electronics have been identified as a to the Republican Leadership standards on main high even as overall troop levels in a critical technology to achieve high-speed Mach earmarks, I am submitting the following infor- theater of action draw down. 2 and Mach 4 aircraft where temperatures re- mation for publication in the CONGRESSIONAL Funding will (1) provide four new production quired can be up to 350 degrees Celsius, RECORD regarding earmarks I received as part or eight retrofit MQ–5B Air Vehicles to replace twice the capability of conventional power of H.R. 2638, Consolidated Security, Disaster ‘A’ configuration Air Vehicles deployed with technologies. This capability will enable im- Assistance, and Continuing Appropriations the 1st Armor Div Combat Aviation Brigade in provements in the More Electric Aircraft pro- Act, 2009. Operation Iraqi Freedom (OIF) and (2) support gram and provide substantial benefits for Long Requesting Member: Congressman DOUG another unit scheduled for employment in Op- Range Strike aircraft programs, ensuring that LAMBORN, CO–05. eration Enduring Freedom (OEF). the United States is able to protect itself quick- Bill Number: H.R. 2638. Requesting Member: Congressman CHIP ly, and with improved safety for the war fight- Account: 3600F RDT & E, Air Force, Line PICKERING. er. 13, PE 0602601F. Bill Number: FY 09 Defense Appropriations Requesting Member: Congressman CHIP Legal Name of Requesting Entity: Aeroflex. Bill. PICKERING. Address of Requesting Entity: 4350 Centen- Project: Simultaneous Field Radiation Tech- Bill Number: FY 09 Defense Appropriations nial Blvd. Colorado Blvd, Colorado Springs, nology (SFRT). Bill. CO 80907. Project Amount: $2.3 million. Project: F/A–18 Expand 4/5 Upgrade for Description of Request: $1.6 million is in- Account: RDT & E, Defense-Wide; Ad- USMC. cluded in this bill for Radiation Hardened Non- vanced Concept Technology Demonstrations. Project Amount: $7.6 million. Volatile Memory. This request is intended to Legal Name of Requesting Entity: U.S. Account: Aircraft Procurement, Navy; F–18 aide in the development of radiation hardened Navy, Space and Naval Warfare Systems Series. non-volatile memory technology to be used in Command. Legal Name of Requesting Entity: Naval Air a variety of applications, principally satellites. Address of Requesting Entity: U.S. Navy, Systems Command. Requesting Member: Congressman DOUG Space and Naval Warfare Systems Command, Address of Requesting Entity: Patuxent LAMBORN, CO–05. North Charleston, South Carolina 29419. River, Maryland 20670 Bill Number: H.R. 2638. Description of Request: Early research of Description of Request: FY09 funding will Account: RDTE, AF. Simultaneous Field Radiation Technology provide radar upgrades for 15 Marine Corps Legal Name of Requesting Entity: Goodrich (SFRT) has provided initial findings that APG–73-equipped F/A–18s. Expand 4/5 al- Corporation. strongly indicate the potential for significant lows for very high resolution radar maps to Address of Requesting Entity: 1275 North improvement over conventional antenna tech- provide long range, all weather target recogni- Newport Road, Colorado Springs, CO 80916. nology. Research conducted in 2006, and vali- tion and precise target coordinate generation Description of Request: $5.6 million is in- dated by SPAWAR, resulted in the needed for precision weapons employment. cluded in this bill to fund ACES 5 ejection-seat

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IN THE HOUSE OF REPRESENTATIVES 31 percent of new infections being among heterosexuals, which previous studies have Requesting Member: Congressman DOUG Friday, September 26, 2008 shown have the greatest effect on African LAMBORN, CO–05. Mr. BONNER. Madam Speaker, I rise today American women. Bill Number: H.R. 2638. to honor the distinguished career of the Hon- HIV/AIDS is a public health problem in our orable CHARLES ‘‘CHIP’’ WILLIS PICKERING, JR. Account: RDT&E. country and an emergency situation within the for his service to the people of Mississippi and Legal Name of Requesting Entity: Analytical United States House of Representatives. Con- African American community. African Ameri- cans make up 13 percent of the United States Graphics, Inc. gressman PICKERING has represented the 3rd Congressional District of the state of Mis- population, but they account for 49 percent of Address of Requesting Entity: 7150 Campus the estimated AIDS cases diagnosed since the Drive, Suite 260, Colorado Springs, CO. sissippi for the past 12 years. A native of Laurel, Mississippi, CHIP re- epidemic began. Since the beginning of the Description of Request: $800,000 is in- ceived a bachelor’s degree in business admin- epidemic, African Americans have accounted cluded in this bill to incorporate space object istration from the University of Mississippi and for 42 percent of the estimated 950,000 AIDS data, improve navigation accuracy prediction a master’s degree in business administration cases diagnosed in the 50 states and the Dis- (including jamming and weapons modeling), from Baylor University. trict of Columbia. Not only are African Ameri- and integrate electronic warfare (EW) analysis Before joining Congress, CHIP served as a cans more likely to get AIDS, they are more into a common operational environment for Southern Baptist missionary in the communist likely to die from it, with more than half of all Army support teams. The user friendly inter- region of Budapest, Hungary. Upon returning AIDS-related deaths being among African face will couple real time data integration with to the country, former President George H. W. Americans. The statistics in Illinois resemble currently deployed and supported data feeds, Bush appointed him to the United States De- those nationally. African Americans aged 13– including imagery, terrain, GPS status, elec- partment of Agriculture as a liaison to bring re- 24 have the highest average annual HIV rates. tronic warfare environment, and terrestrial form to the Soviet Union and Eastern Europe. African American males aged 13–24 had an weather. Upon his return to the United States, CHIP average annual HIV rate was 2.5 times higher went to work for the people of Mississippi as than the rate in White males, and almost 4 Requesting Member: Congressman DOUG a staffer of former Mississippi Senator Trent times higher than the rate in Hispanic men. In LAMBORN, CO–05. Lott, where he served for nearly four years. At Chicago, African American women represent Bill Number: H.R. 2638. the age of 33, he ran as the Republican can- 75 percent of all women living with HIV/AIDS, Account: Research, Development, Test & didate for Mississippi’s 3rd District in 1996. yet they account for only 37 percent of the HIP general female population aged 13 and over. Evaluation, Air Force. C has taken the lead in passing FEMA and contracting reform legislation in the wake This disparity is unacceptable. HIV / AIDS is Legal Name of Requesting Entity: of 2005’s Hurricane Katrina. As a member of plaguing and destroying African American Finmeccanica of North America. the House Energy and Commerce Committee, communities, robbing our community of its fa- Address of Requesting Entity: 1625 I Street, CHIP has been an influential leader on issues thers, mothers, brothers, and sisters. NW., Floor 12, Washington, DC 20006. such as telecommunications and technology We must do more to address this problem. concerning Mississippi’s future. Description of Request: $800,000 is in- We must increase funding for both prevention Madam Speaker, I ask my colleagues to join and treatment. We cannot rely on the failed cluded in this budget to demonstrate and qual- me in recognizing a dedicated leader and ify in a cold climate an innovative, energy effi- policies of this administration to ignore strate- friend to many in this body. I know his family, gies proven to decrease risky behavior and cient, alternative power technology, on an en- his five sons, Will, Ross, Jackson, Asher, and lower transmission rates and embrace strate- ergy intensive Air Force installation. Utilizing Harper; his many friends and colleagues join gies that do nothing. We must emphasize pre- tactical or readily available fuels, this first me in praising his accomplishments and ex- vention, not restrict the CDC’s prevention phase of qualifying will place a next genera- tending thanks for his service over the years budget by 19 percent. We must support the tion power generator in a military environment on behalf of the state of Mississippi and the Minority HIV/AIDS Initiative and expand Ryan while showcasing all the benefits (monetary, United States of America. White. This is a public health. problem that environmental, and technical) this technology CHIP will surely enjoy the well deserved time mandates a comprehensive, intensive public can provide within various scenarios, such as he now has to spend with his family and loved health strategic response. I commend the City ‘‘Silent Camp’’ or ‘‘Islanding’’. ones. I wish him the best of luck in all his fu- ture endeavors. of Chicago’s Department of Public Health, the Requesting Member: Congressman DOUG State of Illinois Department of Public Health, f LAMBORN, CO–05. and all of the organizations who actively are Bill Number: H.R. 2638. IN RECOGNITION OF AIDS working to put at least a dent in this problem. AWARENESS HISTORY MONTH I try to do my part to focus attention on this Account: Research, Development, Evalua- public health problem. A few weeks ago, I tion, & Test, DW. HON. DANNY K. DAVIS chaired an AIDS walk in Chicago that raised Legal Name of Requesting Entity: Northrop money for awareness and the fight for the OF ILLINOIS Grumman Corporation. cure. I also helped launch the ‘‘Quality of Life’’ IN THE HOUSE OF REPRESENTATIVES Illinois Lottery game called Red Ribbon Cash. Address of Requesting Entity: 1000 Wilson Friday, September 26, 2008 Blvd, Suite 2300 Arlington, VA 22209. Proceeds gathered from the game will fund Mr. DAVIS of Illinois. Madam Speaker, as grants to public and private entities with HIV/ Description of Request: $10 million is in- we move into the month of October, I want to AIDS prevention programs in Illinois. In terms cluded in this budget for Missile Defense Inte- take a moment to recognize October as AIDS of promoting prevention, I myself, have been gration & Operations Center (MDIOC) mod- Awareness History Month. AIDS Awareness publicly tested multiple times to convince the eling and simulation. This ensures early month provides an opportunity to focus on the African-American community of the importance Warfighter involvement and realistic BMDS fact that HIV/AIDS is a formidable problem of being tested. America has within it the re- operational concepts for the fielded system across the country. The 2008 AIDS Aware- sources to address this issue; our political that will protect U.S. Homeland, our Allies, and ness Month occurs at a time when we have leadership must take action to do so. My fel- U.S. troops from the threat of ballistic missile learned that we are struggling in the fight low colleagues and I and all Americans need attack. against AIDS. In early August, the Centers for to do much more about this problem.

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00030 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.001 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22886 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 September 27, 2008 HONORING NORMA FISHER-DOIRON eral arts college in Elsah, Illinois that does not RECOGNIZING THE HONORABLE even have an engineering program. The TOM DAVIS ON THE OCCASION HON. JOE COURTNEY Principia solar car team beat out much larger OF HIS RETIREMENT OF CONNECTICUT schools to finish second in the exhausting ten IN THE HOUSE OF REPRESENTATIVES day event. HON. JO BONNER On the second to last day of the race, Friday, September 26, 2008 OF ALABAMA Principia’s car experienced electrical trouble IN THE HOUSE OF REPRESENTATIVES Mr. COURTNEY. Madam Speaker, I rise and stalled for seventy-five minutes. The team Friday, September 26, 2008 today to recognize an outstanding educator electricians were able to remedy the problem from my district, Norma Fisher-Doiron, Prin- and put the car back on the road. Advisor Joe Mr. BONNER. Madam Speaker, I rise today cipal of Southeast Elementary School in Ritter and his team remained calm throughout to honor the distinguished career of the Hon- Mansfield, Connecticut. This year, Norma has the race, especially during the electrical com- orable THOMAS M. DAVIS for his service to the been recognized by the National Association plications. people of Virginia and the United States of Elementary School Principals (NAESP) with The pioneering spirit of the young people on House of Representatives. Congressman the 2008 National Distinguished Principals the Principia College Solar Car Team de- DAVIS has represented the 11th Congressional award. serves recognition and thanks. These students District of the state of Virginia for the past 13 Since 1984, the National Distinguished Prin- are the ones who will carry our country for- years. cipals Program has recognized educators from ward. I stand with my colleagues today to Born in Minot, North Dakota, TOM moved to communities across this nation and abroad honor the Principia College Solar Car Team Fairfax County, Virginia, at an early age. He who are committed to academic excellence. for an outstanding second place finish in the graduated from the United States Capitol To be eligible for this award, educators must North American Solar Challenge. Page School as president of his class and incorporate of communal and parental involve- went on to Amherst College where he grad- ment in student curriculum. Educators must f uated with a degree in political science. TOM also display the use of tailored educational earned his Juris Doctor from the University of programs that facilitate academic success for HONORING REPRESENTATIVES Virginia and attended Officer Candidate all students. RAY LAHOOD AND JERRY WELLER School, serving on active duty in the U.S. For 15 years, Norma has served as the Army. He spent eight years serving in the Vir- Principal of Southeast Elementary School in HON. PHIL HARE ginia National Guard and the U.S. Army Re- Mansfeld Center, Connecticut. Although the serve. OF ILLINOIS Southeast Elementary School community is Before his election to Congress, TOM be- IN THE HOUSE OF REPRESENTATIVES widespread, Norma was successful in reach- came the chief elected official of Fairfax Coun- ing out to all comers of the area to win sup- Friday, September 26, 2008 ty, Virginia, the nation’s 11th most populous municipality with the second largest county port from parents and community leaders to Mr. HARE. Madam Speaker, I rise to con- budget in the United States. While serving as reinforce personal and academic success from gratulate two of my distinguished Illinois col- the chairman of the board of supervisors, Fair- Southeast Elementary students. leagues—Congressman RAY LaHOOD of Peo- During her tenure, Norma has also fax County was recognized as the best finan- ria and Congressman JERRY WELLER of Joliet prioritized with her students character build- cially managed county in the Nation. on their retirement from the House of Rep- Upon his election to the United States ing—including appreciation and respect of oth- resentatives at the end of this term. Both men House of Representatives in 1995, TOM was ers—a positive attitude, and coping skills. provided outstanding service to our state and put in control of the House Government Re- On October 16th and 17th, Norma will join Nation during their 14 years in Congress. 61 other honorees from across this nation and form and Oversight Committee’s Sub- Congressman LaHOOD and I represent abroad, in Washington, D.C. to celebrate this committee on the District of Columbia, mark- neighboring districts in Illinois. I’ve known RAY recognition. While in Washington, the hon- ing the first time a freshman had been ap- for over 25 years. He is a man I deeply ad- orees will participate in a U.S. Department of pointed as a chairman in over 40 years. mire and respect. During my short time in State reception and a White House briefing. TOM is well known for his advocacy on be- Congress, the two of us have cooperated on Madam Speaker, the success of our edu- half of federal employees and contractors as a number of joint projects important to our dis- cation systems relies on the strength and pas- well as his support of students in the District tricts. We have fought to bring jobs back to sion of our academic leaders. Norma has ex- of Columbia. He was the integral force behind our region and improve Central Illinois’ broken emplified these characteristics, and I remain the passage of the D.C. College Access Act, transportation infrastructure. confident that she will continue to contribute to allowing high school graduates in the District successes in our public education system. I Early in his career, RAY earned the respect to attend public colleges in Maryland and Vir- ask my colleagues to join with me and my of both Democrats and Republicans for his ginia at in-state tuition rates. constituents in recognizing Norma’s contribu- willingness to work across the aisle. During TOM is also known as a strong supporter of tions and celebrating her award. times of intense partisanship, RAY remained political and ethics reform in the House, while an unapologetic moderate who placed the f still fighting for issues most important to Vir- needs of his district and our Nation above any ginia’s 11th District. He was instrumental in TRIBUTE TO PRINCIPIA COLLEGE political party. As Speaker Pro Tempore, RAY gaining funding for the construction of the new SOLAR CAR often presided over some of the fiercest de- Woodrow Wilson Bridge, designed to ease bates on the House floor with prudence and chronic gridlock in northern Virginia. He has HON. JOHN SHIMKUS evenhandedness. also been an ardent supporter for advance- OF ILLINOIS On a personal note, I will never forget the ments in information technology, which is crit- kindness RAY showed to my predecessor— IN THE HOUSE OF REPRESENTATIVES ical to northern Virginia’s high tech community. Congressman Lane Evans—as he fought his In addition to serving as the Chairman of Friday, September 26, 2008 battle with Parkinson’s disease. I was proud to the National Republican Congressional Com- Mr. SHIMKUS. Madam Speaker, I rise today join with RAY to pass legislation naming a mittee from 1998 to 2002 and chairing the to congratulate the Principia College Solar Car Rock Island post office in Lane’s honor. House Government Reform and Oversight Team. Since 1995, students and advisors Congressman WELLER served the 11th Dis- Committee during the 108th Congress, TOM’S have worked on perfecting their solar car trict of Illinois with distinction. In addition to his crusade against government waste con- model. This year, they came very close to that work on international affairs, he advocated centrated on monitoring federal contracts of goal by finishing second in the 2008 North raising the minimum wage and sought to in- large dollar amounts. American Solar Challenge. crease retirement and disability pay for com- Madam Speaker, I ask my colleagues to join The Challenge is a 2,400-mile race from bat-wounded veterans. I respect Congressman me in recognizing a dedicated leader and Plano, Texas to Calgary, Alberta, Canada. WELLER’s commitment to standing up for what friend to many in this body. I know his family, This year, fifteen cars began the race; only he believes in and wish him well in retirement. his wife, Jeannemarie Devolites; his three chil- five finished. Principia College is a small lib- Both men will be missed. dren; his four stepchildren; and his many

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00031 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.001 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 22887 friends and colleagues join me in praising his Such was the case, last night, on the streets pledged to implement an opposition party law accomplishments and extending thanks for his of San Francisco. Twenty-four-year old Dono- and other reform measures by the end of this service over the years on behalf of the com- van Mumphrey, of Pinole, just outside of San year. To date, little has been achieved and op- monwealth of Virginia and the United States of Francisco, was shot and killed by an unknown position parties assert that they are not con- America. assailant in the parking lot of an apartment sulted with on formulating an opposition party TOM will surely enjoy the well deserved time complex. Witnesses said Mumphrey was ap- law. he now has to spend with his family and loved proached by someone who demanded cash I applaud my distinguished colleagues ones. I wish him the best of luck in all his fu- and fled after the shooting. Chairman ALCEE HASTINGS of Florida and Co- ture endeavors. I extend my condolences to Mr. Mumphrey’s Chairman Senator BEN CARDIN of Maryland for f family and continue to pray for an end to this holding a hearing hosted by the Helsinki Com- senseless violence. Americans of conscious mission on July 22, 2008, titled ‘‘Promises to IN RECOGNITION OF THE BRUCE must come together to stop the senseless Keep: Kazakhstan’s 2010 OSCE Chairman- MCCANDLESS COLORADO STATE death of ‘‘The Daily 45.’’ When will we say ship’’. In maintaining the Commission’s moni- VETERANS NURSING HOME ‘enough is enough, stop the killing.’ toring duties, the hearing focused on allega- f tions of corruption, human rights abuses and HON. DOUG LAMBORN religious intolerance in Kazakhstan. This was OF COLORADO EXPRESSING SUPPORT FOR the second in a series of hearings during IN THE HOUSE OF REPRESENTATIVES DEMOCRACY IN KAZAKHSTAN which my colleagues questioned the selection Friday, September 26, 2008 of Kazakhstan as the next leader of the OSCE Mr. LAMBORN. Madam Speaker, I rise HON. G.K. BUTTERFIELD and its commitment to reform measures. today to recognize the recent accomplish- OF NORTH CAROLINA Kazakhstan’s Chairmanship has been a con- ments of the Bruce McCandless Colorado IN THE HOUSE OF REPRESENTATIVES troversial issue as many human rights groups State Veterans Nursing Home. This superior Friday, September 26, 2008 and lawmakers have cited a poor human rights record and lack of democratic reform in performing facility is the recipient of the highly Mr. BUTTERFIELD. Madam Speaker, I rise coveted American Health Care Association Kazakhstan. Assistant Secretary of State Rich- today before you to draw attention to an issue ard Boucher testified that political and eco- and National Center for Assisted Living’s which concerns our continued efforts to estab- (AHCA/NCAL) Quality Award and is the Na- nomic overhauls are needed in Kazakhstan, lish democratic principles around the world. adding ‘‘That is the only way to get away from tion’s first state veterans nursing home accept- The recent conflict between Russia and Geor- ed into the Eden Alternative Registry. The corruption’’. gia has highlighted the acute need for the U.S. A month prior to this hearing, Chairman Eden Alternative Registry is a grass roots non- to maintain and strengthen its resolve to sup- profit organization whose core value centers HASTINGS and Co-Chairman CARDIN led a bi- port and strengthen the former Soviet Repub- partisan delegation to Kazakhstan in order to on a holistic belief of quality care and em- lic countries. powerment of the aging. attend the OSCE’s 17th Annual Session, Kazakhstan is among these countries and it which took place in Astana, Kazakhstan’s cap- For over 32 years, the Bruce McCandless is an important partner in many ways. Colorado State Veterans Nursing Home has ital city. Additionally, Members of the delega- Kazakhstan is a key energy-producing ally tion met with President Nursultan Nazarbayev, been providing 24-hour, skilled nursing care to where a large number of U.S. corporations are veterans and their families, and I am proud to Prime Minister Karim Masimov and Secretary doing business as part of the global effort to of State Kanat Saudabayev. commend them on their well-deserved meet our domestic energy needs. achievements. Their superiority is exhibited Clearly Members of the Commission remain While I certainly appreciate that Kazakhstan concerned not only by the promises made to not only by being one of four long-term care has worked closely with the U.S. on matters of facility award recipients in Colorado, but as establish democratic reform by year’s end, but nonproliferation, I have become increasingly also by ‘‘very serious allegations’’ of corruption one of only 312 long-term care facilities in the concerned by reports indicating that United States to have qualified for the AHCA/ in the oil-rich nation which could further com- Kazakhstan’s governmental system lacks the plicate its relations with the U.S. and the NCAL Step I award. basic rights of democracy: elections are nei- These prestigious accomplishments exem- West, as well as human rights abuses, human ther free or fair; political opposition faces plify the Bruce McCandless Colorado State trafficking, freedom of religion, freedom of the physical danger; there are few independent Veterans Nursing Home’s commitment to pro- press and rigged elections. When democracy media outlets; the wide-scale corruption which viding the very best of care to some of our fails that spills over into every other walk of has begun to affect major U.S. companies Nation’s finest—our veterans. Their continuous life and the people of Kazakhstan are the doing business in Kazakhstan; and, there is strive to meet the needs of their residents ones who suffer. no respect for human rights, religious freedom, clearly demonstrates a strong commitment to I know my colleagues in the U.S. Congress freedom of speech or economic liberalization. continuous quality improvement and I am share my concern and I encourage our collec- Last year’s election in Kazakhstan was far pleased to have this facility within both my dis- tive support of the Helsinki Commission in from democratic. Kazakh President Nursultan trict and the great state of Colorado. calling on the government of Kazakhstan to Nazarbayev’s reelection in 2005 with 91 per- uphold its commitment to establish democratic f cent of the vote prompted widespread com- reforms as it has promised to do. THE DAILY 45: A LONELY DEATH plaints of vote fraud. The Nur-Otan party f IN SAN FRANCISCO which supports President Nazarbayev won all 98 contested seats in the country’s parliamen- TRIBUTE TO HILLCREST ORCHARD HON. BOBBY L. RUSH tary election last August. Pledges to institute OF ILLINOIS overhauls have failed to move forward accord- HON. GREG WALDEN IN THE HOUSE OF REPRESENTATIVES ing to recent reports by the U.S. Department OF OREGON of State and Freedom House. IN THE HOUSE OF REPRESENTATIVES Friday, September 26, 2008 In fact, a number of opposition parties have Mr. RUSH. Madam Speaker, the Depart- decided to boycott Kazakhstan’s upcoming Friday, September 26, 2008 ment of Justice tells us that, everyday, 45 Senate elections with one of the opposition Mr. WALDEN of Oregon. Madam Speaker, I people, on average, are fatally shot in the parties stating that ‘‘we do not intend to give rise today to share my pride in an exceptional United States. Far too often, while our culture a veneer of ‘competition’ to a forthcoming family agricultural operation that is celebrating is caught up in the exciting history of our na- farce and to become a pseudo democratic en- 100 years of quality, excellence, and respon- tion’s political season right now or the blessed tourage’’. sible citizenship: the Parsons family and their peace that some of us enjoy from living life to As part of an agreement that allows Hillcrest Orchard in the heart of the Rogue its fullest, there are dozens of people, each Kazakhstan to ascend to the Chairmanship of Valley in southern Oregon. The Rogue Valley and every day, who lose their life abruptly and the Organization for Security and Cooperation is known worldwide for its natural scenic beau- in silence at the hands of a gun-wielding as- in Europe (OSCE), a multilateral organization ty, its productive land, its ideal climate, and its sailant. devoted to European Security, Kazakhstan coveted outdoor lifestyle. Hillcrest Orchard is

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00032 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.001 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22888 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 September 27, 2008 in harmony with, and takes its inspiration from, years. Local shallow clay soils help the vines hard he worked with my own staff to promote the unique attributes of the Rogue Valley. concentrate the flavors in the fruit rather than the mission of the Letterkenny Army Depot. Hillcrest Orchard has been proudly operated producing huge vines. The viticulture and While Alan will be missed by everyone, his re- by the Parsons family since its founding on wine-making team at Roxy Ann is constantly tirement brings new opportunities for him to July 13, 1908 by Reginald H Parsons and evaluating varieties suited to this unique site. follow. I along with the entire Shuster family Maude Bemis Parsons. One of the oldest con- Madam Speaker and colleagues, I take wish him the best of luck in his future endeav- tinuously-owned family orchards in the Rogue great pride in the last century of the Parson’s ors and congratulate Alan Loessy for a job Valley, Hillcrest has long grown some of the family dedication to excellence at Hillcrest Or- well done. region’s finest fruit and produce. Four genera- chard, and I ask you to join me in congratu- f tions have worked tirelessly to maintain a high lating them for this significant feat and wishing standard of quality and to operate always in them well as they enter their second century THE DAILY 45: PATRICK ways responsible to the environment. Philan- of exemplary business and service to the thropy and service to the community have Rogue Valley. They have the tradition and the HON. BOBBY L. RUSH been hallmarks of the Parsons family through- family dedication to make the next 100 years OF ILLINOIS out Hillcrest’s 100 year history. even more productive than the last. The Par- IN THE HOUSE OF REPRESENTATIVES Eleven grandchildren of Reginald and sons family represents what is great about Friday, September 26, 2008 Maude are shareholders of Hillcrest: John American agriculture and American families, Day, Hugh Brady, Judson Parsons, George and they will continue to give their customers Mr. RUSH. Madam Speaker, everyday, 45 Parsons, Reg Parsons, Geoffrey Tootell, and their community the very best. people, on average, are fatally shot in the Nancy McDonald, Diana Parsons, Natalie Oli- f United States. ver, Alice Petrich, and Cynthia Parsons. Cur- Patrick McDonald, a Philadelphia police offi- rently, a fourth generation is involved in Hill- TRIBUTE TO ALAN LOESSY cer pursuing an armed suspect September 23 crest and the plan is for members of that gen- was fatally shot. He is the fourth city officer to eration to assume active management and fur- HON. BILL SHUSTER die in the line of duty in 11 months. The sus- ther the well-established tradition of excellence OF PENNSYLVANIA pect was killed. An automatic weapon was re- and service. IN THE HOUSE OF REPRESENTATIVES covered at the scene. Too many people have As you can imagine, Madam Speaker, over access to automatic weapons and we are all Friday, September 26, 2008 the last 100 years, there have been many touched by the death of a police officer, killed challenges in conducting successful orchard Mr. SHUSTER. Madam Speaker, I rise in the line of duty. operations, but the Parsons family never let today to honor the career and mark the retire- Americans of conscious must come together economic or natural disasters deter them. Dur- ment of Alan Loessy from the Letterkenny to stop the senseless death of ‘‘The Daily 45.’’ ing the Depression and World War II, the fam- Army Depot in Franklin County, Pennsylvania. When will Americans say ‘enough is enough, ily retained their employees and kept the fruit Alan Loessy began his 33 year long career in stop the killing.’ trees in healthy condition. By 1938, Reginald public service as a field representative in f Parsons had gradually removed all of the Franklin County for Congressman BUD SHU- apple trees and replaced them with pears, STER. His exemplary work for the people of the CRIMINAL SKETCH ARTIST—LOIS since the latter were more profitable. As the 9th Congressional District made him a perfect GIBSON older pear trees declined in production, work- candidate to join the outstanding team at the ers replaced them with new stock. Today, Letterkenny Army Depot and in May 1989 he HON. TED POE some of the orchard’s earliest pear trees re- joined the Letterkenny staff as a personnel OF TEXAS main standing, producing Hillcrest’s famous management specialist. IN THE HOUSE OF REPRESENTATIVES ‘‘century pears.’’ In his capacity at Letterkenny, Mr. Loessy Friday, September 26, 2008 Not only has the Parsons family preserved worked on behalf of the thousands of employ- their rich agricultural legacy, but also, through ees entering or departing civil service from Mr. POE. Madam Speaker, Lois Gibson has their stewardship, 11 buildings on the property Letterkenny and its many tenant activities. It made the Guinness Book of World Records as of Hillcrest Orchard are now listed in the Na- was a job that required dedication, extreme ‘‘The World’s Most Successful Forensic Artist.’’ tional Register of Historic Places. My col- patience, and a complete understanding of the Her sketches of perpetrators have been instru- leagues, I have spent much time at Hillcrest Depot’s position in the family of Department of mental in assisting the police to catch over Orchard and I can attest that it is truly a jewel Defense facilities as the installation down- 1,062 criminals. She has recently written a in a very beautiful part of the country. It is a sized. Alan’s support to those many individ- book with renowned author, Deanie Francis beautiful and welcoming place to visit, and uals during the transition will long be remem- Mills, about her experience being a criminal their products are second to none. Hillcrest bered. sketch artist and the profession’s value to so- Orchard today remains very true to its century- In July 1995 Alan was assigned as a public ciety. This Houston resident has made a name old proud heritage of quality and innovation. affairs specialist and became the Letterkenny for herself in law enforcement all across the What was once on the outskirts of Medford, Public Affairs Officer. He worked to convey the country and has done so for twenty-five years. Oregon is now surrounded by residential and message of the contributions the men and An alumna of the University of Texas at commercial development, yet Hillcrest con- women of Letterkenny made to the defense of Austin, Gibson has put her Bachelor of Fine tinues to operate in environmentally sound the nation. He was the public face of the Arts degree to great use. A naturally artistic ways that makes it a model neighbor to the depot to the media and worked cooperatively person, she decided to take the FBI Academy community. Hillcrest Orchard is dedicated to with print and television reporters to leave a Forensic Artist Course to become a qualified conserving the land for the health of the com- positive and lasting impression of the good criminal sketch artist. When Gibson was munity and for future generations. work being done inside the depot fence line. younger, she was sexually assaulted by a se- The most recent development at Hillcrest is In 2002 Mr. Loessy was one of the founding rial rapist and murderer. Perhaps it was this the award-winning Roxy Ann Winery, featuring members of Opportunity 05, a local group that experience that most inspired Gibson to enter a charming tasting room, well-groomed helped build the case for Letterkenny’s contin- into the service of catching criminals and help- grounds, musical entertainment, and social ued growth under 2005 Base Realignment and ing those in need. The memory of her trau- events. The planting of Hillcrest’s vineyard Closing round. The success of that effort was matic incident definitely stays with Gibson but began in 1997 with Merlot and Cabernet celebrated by many but none more so than rather than letting it get her down, she uses it grapes. Hillcrest has expanded its selection of Alan who played a key role behind the to inspire her work every single day. varietals along with acreage. Currently, 14 scenes. Ms. Gibson’s status as a past victim, allows commercial varieties are grown at Roxy Ann’s Throughout his long career, Alan Loessy her to truly and deeply sympathize with those vineyards, including Bordeaux and Rhone personified dedication, commitment and excel- that she works with. After an upsetting situa- grapes that flourish in the Rogue River Val- lence to the people employed by Letterkenny tion, those affected often have issues rehash- ley’s warm climate and have thrived in similar and the corps of civilian employees in the De- ing the situation and having to again envision climates and soils in Europe for hundreds of partment of Defense. I know first hand how the assailant’s face, but Ms. Gibson allows

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00033 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.001 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 22889 them to get past this. Gibson can commu- of Rosemary’s Circle for many years of com- many and our mutual relations seem to have nicate well with these people because she un- munity service. dramatically improved with the recent appoint- derstands where they are coming from, being f ment of their top Washington envoy: Ambas- a victim herself. Thus, victims are more likely sador Jason Yuan. Ambassador Yuan is one to open up to Gibson and she makes it easier DEMANDING ACCOUNTABILITY IN of the most distinguished diplomats from Tai- for them to focus and give her an accurate de- THE FINANCIAL BAILOUT PACK- wan and knows Washington well. piction of their attacker. AGE I am happy to learn that Taiwan has re- Despite the profession of criminal sketching cently improved its relations with the Chinese having many talented and trained artists, there HON. MARK STEVEN KIRK mainland as well. There have been visits by is a limited amount of full-time sketch artists in OF ILLINOIS Taiwan leaders to the mainland and vice the country. It took Ms. Gibson, herself, some IN THE HOUSE OF REPRESENTATIVES versa. Both sides are engaged in productive time to persuade the Houston Police Depart- Friday, September 26, 2008 discussions over the reduction of tension in the Taiwan Strait and the improvement of ties. ment of her merit. The HPD had never used Mr. KIRK. Madam Speaker, in July we They are building mutual trust and confidence an artist before and they believed the role Gib- bailed out entities with well-paid executives in- in their bilateral relations, nurturing a long-last- son proposed seemed superfluous. When the cluding Daniel Mudd, President and Chief Fi- ing amity. department finally agreed to let her work, Gib- nancial Officer at Fannie Mae ($11.5 million), Congratulations to Taiwan and the Tai- son was soon identified as a valuable asset to and Richard Syron, Chairman and Chief Exec- wanese people. the law enforcement team and some police of- utive Officer at Freddie Mac ($18.3 million). ficers began to wonder how they had ever op- Recent press reports show that a number of f erated efficiently without her. chairmen/CEOs were highly compensated be- HONORING GIRARD BASTIEN About thirty percent of Gibson’s sketches fore their companies began failing including catch their intended offenders when finger- Bear Stearns CEO, Alan Schwartz ($35 mil- prints are around ten percent effective. It is HON. JOE COURTNEY lion), Lehman Brothers CEO Richard Fuld findings like these that make the question of, OF CONNECTICUT ($40 million) and AIG’s Martin Sullivan ($47 why more police departments do not embrace IN THE HOUSE OF REPRESENTATIVES million). the importance of having a full-time sketch art- Federal regulators rightly blocked planned Friday, September 26, 2008 ist, more profound. Still, Gibson’s work has not golden parachutes for the failed leaders of Mr. COURTNEY. Madam Speaker, I rise gone unnoticed, as she has won numerous Fannie Mae and Freddie Mac, we should now today to recognize and celebrate the career of awards for stopping ruthless criminals and set that precedent into law—if you get a tax- Girard Bastien, an outstanding member of our bringing justice to the blameless victims. payer bailout, you lose your job and your eastern Connecticut community. After six dec- I commend this remarkable American on her parachute. ades of service in the Baltic Fire Department, twenty-five year devotion to public service, Today, I am introducing legislation that will in Baltic, Connecticut, Girard will commemo- and thank her for doing work that has made ensure that no taxpayer dollars can be used rate his retirement with family and friends on our country a safer place to live in. for executive compensation or a golden para- October 25, 2008 with a celebratory dinner. And that’s just the way it is. chute for any senior officer of a company that As a veteran of World War II and the Ko- f received credit or direct assistance bailout. My rean War, Girard’s commitment to public serv- TRIBUTE TO ROSEMARY’S CIRCLE bill also grants Treasury Secretary Paulson ice began early in life. In August 1948, be- the authority to terminate senior officers of any tween service in WWII and the Korean War, entity seeking a bailout from the taxpayer. Girard joined the Baltic Fire Department and HON. JOHN SHIMKUS Given the dire economic warnings, Demo- launched a lifelong career that would span six OF ILLINOIS crats and Republicans must pull together to decades. During his career, Girard achieved IN THE HOUSE OF REPRESENTATIVES save jobs and strengthen the economy for the rank of Deputy Chief, was a member of Friday, September 26, 2008 working Americans. But this must be a bailout the New London County Fire Chiefs’ Associa- Mr. SHIMKUS. Madam Speaker, I rise today with consequences, including a prohibition on tion, and served as the Sprague Tree Warden to honor the members of Rosemary’s Circle any taxpayer dollars used for senior officer between 1954 and 1990. Additionally, Girard for 75 years of service to the Nashville, Illinois salaries or golden parachutes and the termi- was the head of the Baltic Fire Department community. In 1933, a Sunday school class nation of senior officers of companies receiv- kitchen and orchestrated weekly bingo event was formed at the United Methodist Church in ing aid. in recent years. Nashville, Illinois. These 30 students aimed to f Support from his wife of 62 years, Jeanette, as well as his sons, Dennis and Edward have complete charitable work in their community. CONGRATULATING TAIWAN ON ITS Some of the group’s activities have included: made his career a long and fruitful one. NATIONAL DAY Madam Speaker, Girard’s lifetime of public Christmas fruit trays for shut-ins, fundraising service has and will continue to inspire our for school activities and Children’s homes, fu- HON. G.K. BUTTERFIELD eastern Connecticut community, and I ask my neral dinners for church families, and quilt do- OF NORTH CAROLINA colleagues to join with me and my constituents nations to the local EMT. IN THE HOUSE OF REPRESENTATIVES in recognizing and celebrating this service. From its inception until 2003, the class was named after its first teacher, Jennifer Bennett. Friday, September 26, 2008 f In 2003, the longtime president of the ‘‘Jen- Mr. BUTTERFIELD. Madam Speaker, peo- HONORING GERALD A. EHINGER nifer Class’’ passed away, and its members ple in the Republic of China will be celebrating ON BEING NAMED OGEMAW decided to rename the group in her honor. their National Day this October 10. Taiwan is COUNTY’S VETERAN OF THE Known now as Rosemary’s Circle, this group one of our largest trading partners and has YEAR of dedicated women continued to serve the worked very hard in reducing its trade surplus people of Nashville, Illinois for seventy-five with us year after year. A democracy, Taiwan HON. BART STUPAK years. shares many economic, social and cultural OF MICHIGAN In recent years, membership in Rosemary’s values with us. We know for a fact that Tai- IN THE HOUSE OF REPRESENTATIVES Circle has dwindled due to the aging of its wanese tourists choose the United States as members. In July of 2008, the group, upon their first destination, when traveling outside of Friday, September 26, 2008 conferring with its namesake’s descendents, Asia. We know Taiwan has more than 30,000 Mr. STUPAK. Madam Speaker, I rise to rec- decided to disband and made a final donation and students studying in the United States. A ognize Gerald A. Ehinger of West Branch, to the Methodist Children’s Home. Although majority of their cabinet secretaries were edu- Michigan. Mr. Ehinger has been named Rosemary’s circle is no longer active, the gen- cated in the United States and have advanced Ogemaw County’s Veteran of the Year, and I erosity of its members will not soon be forgot- U.S. degrees ask that you, Madam Speaker, and the entire ten. I join with my fellow representatives today Their newly elected Present is a Harvard- U.S. House of Representatives, join me in in honoring the members—past and present— educated attorney. Taiwan’s ties to us are honoring him on this momentous occasion.

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00034 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.001 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22890 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 September 27, 2008 Born in West Branch, Michigan on February Achievement Award.’’ I can think of no one EARMARK DECLARATION 9, 1927 to Anthony and Elizabeth Ehinger, more deserving of this great honor. Gerald Ehinger grew up in a large family with Born in the city of Pittston, Pennsylvania, HON. FRED UPTON six brothers and three sisters. He attended Dr. Lombardo is a son of the late Michael and OF MICHIGAN Louise Ross Lombardo. He has a sister, and graduated in 1943 from St. Joseph Catho- IN THE HOUSE OF REPRESENTATIVES lic High School of West Branch. After gradua- Colette, and a brother, Michael. He has been tion Mr. Ehinger held several different jobs married to Mary Elizabeth Smith Lombardo for Friday, September 26, 2008 until he joined the U.S. Army. 45 years. They are the parents of eight chil- Mr. UPTON. Madam Speaker, I submit the In November of 1945, he enlisted in the dren: Michael, Joseph, James, John (de- following: Pursuant to the Republican Leader- U.S. Army and attended basic training at ceased), Lisa, Francis, Michelle and Robert. ship standards on earmarks, I am submitting Camp Crowder, Missouri. Following gradua- The couple also has 13 grandchildren. the following information for publication in the tion, he was assigned to the 972nd Signal Dr. Lombardo was class president and a CONGRESSIONAL RECORD regarding earmarks I Service Battalion, stationed at Konehe Naval summa cum laude graduate of Pittston High received as part of H.R. 2638, the Continuing Air Base in Hawaii. He served there for one School in 1956. He graduated with honors Resolution for Fiscal Year 2009. year installing and repairing communication from Scranton University with a bachelor’s de- 1. Advanced Drivetrains for Enhanced Mo- lines throughout the island. In February 1947, gree in biology. He graduated from Stritch bility and Safety. he was honorably discharged and returned School of Medicine in Chicago, Illinois, in Department: Defense. back to his hometown of West Branch, Michi- 1964. He served his internship at Wilkes-Barre Account: Research, Development, Test and gan. General Hospital from 1964 to 1965. Evaluation—Army. From 1947 until his retirement in 1983, he Dr. Lombardo served in the United States Legal Name of Requesting Entity: Eaton worked for Consumers Power Company as a Army from 1965 to 1966 at the rank of Cap- Corporation. service lineman, working the last 25 years as tain. He served for 30 years in the inactive re- Address of Requesting Entity: 19218 B a lineman supervisor. On May 12, 1956 he serve at the rank of Colonel. He received a Drive South, Marshall, MI 49068. married his wife of 52 years, Joan. Together commendation from President Richard Nixon Description of Request: This request is to they have four wonderful children, three and Gov. Milton Schapp for meritorious serv- provide funding for the final phase of an on- daughters and a son: Geri Marie, Katherine, ice during the Vietnam conflict. He served as going three phase program between Eaton Susan and John. Gerald and Joan are also medical director for Selective Service Board and the US Army. Eaton Corporation, which the proud grandparents of six. No. 97 until the end of the military draft. He produces truck components in Galesburg, Since he left the Army, Mr. Ehinger has was a consultant for the U. S. Military at Michigan, has successfully worked with the been involved in numerous civic and veterans AFEES Induction Center, Wilkes-Barre, Penn- Army over the past several years to develop organizations, including: the American Legion sylvania. He was medical director for the specialized torque-modifying differentials for Post 103, of which he is a lifetime member of Blood Plasma Unit in Wilkes-Barre; medical di- the HUMVEE to improve the vehicle safety. more than 50 years; the Knights of Columbus rector for Social Security, Wilkes-Barre, from Phase I and II of the project was structured to and the National Rifle Association. Mr. Ehinger 1974 to 1988 and medical director, Wesley first adapt commercial Eaton side-to-side has also served on the Board of Directors of Village, 1976 to 1996. torque modifying differentials to HUMVEES. Ogemaw County’s Emergency Assistance Pro- Dr. Lombardo started his medical practice in These programs have proven very successful gram and as President of the Spring Creek greater Pittston 40 years ago. He was medical in quantitatively demonstrating improved vehi- Hunt Club. director for Heritage House and Hampton cle safety by increasing mobility and stability Gerald Ehinger is being honored as House. He has been the sports doctor for on rough terrain and drastically reducing vehi- Ogemaw County’s Veteran of the Year this Pittston Area High School for 40 years. He in- cle rollovers. Prototype systems will be deliv- Veteran’s Day by the Ogemaw County Vet- stituted the Department of Family Practice at ered to the Army for additional testing in May erans Alliance. In accepting the award, Mr. Wilkes-Barre General Hospital from 1985 to 2008. Military-hardened systems will be sub- Ehinger wrote, ‘‘I accept this award knowing 1987. He was a member of the Hospital Board sequently designed. that many other veterans are more deserving from 1985 to 1987. He was a board member The third and final phase of the program is of it than I am and do so wish to thank each of Retreat State Hospital from 1972 to 1976; to develop a front-to-rear transfer case to and everyone for this honor.’’ Himself a U.S. a board member of Luzerne County Commu- modulate the driving torque between the front Army veteran, Mr. Ehinger has been an advo- nity College from 1981 to the present, the and rear axles. In conjunction with the side-to- cate for the veterans of Ogemaw County and longest serving member of that board and he side system developed in Phases I and II, this a distinguished leader within the community. is a member of the Wilkes Hahnemann Board will provide the soldier with the ultimate sys- Madam Speaker, Mr. Ehinger selflessly that secured a 6 year medical program and tem for HUMVEE stability and mobility through served his country and has advocated for his served as clinical instructor at Loyola Medical complete 4x4 active torque management. fellow veterans ever since. I ask that you and College and Hahnemann Medical School. Amount: $1,600,000. the entire U.S. House of Representatives join Dr. Lombardo was elected to Wilkes-Barre Financial Breakdown: with me in honoring Gerald Ehinger as he re- General Hospital Hall of Fame for Meritorious Allocation of Funds ceives the Veteran of the Year award from the Service to the hospital and staff. He was also 15% = $240,000—Model hardware function Ogemaw County Veterans Alliance. elected to the Luzerne County Sports Hall of and vehicle maneuvers. f Fame for the Sam Falcone Lifetime Award 25% = $400,000—Materials-modifications to along with Dr. Nicholas Ruggiero and Dr. transfer case and addition of differential. CONGRATULATING DR. JOSEPH M. Charles Myers. He started the Anthraco- 10% = $160,000—Preliminary Bench test LOMBARDO UPON HIS SELECTION silicosis Clinic at Wilkes-Barre General Hos- and vehicle functional tests. FOR LIFETIME ACHIEVEMENT pital and served pro bono at that clinic for 15 50% = $800,000—Labor-Design/procure AWARD years. He was the first full-time emergency hardware, develop preliminary controls soft- room doctor at Wilkes-Barre General Hospital ware. HON. PAUL E. KANJORSKI along with Dr. Pat DeGennaro. He served 15 Justification for the use of taxpayer dollars: OF PENNSYLVANIA years at Charity Clinic of Wilkes-Barre General This program addresses a key military need IN THE HOUSE OF REPRESENTATIVES Hospital and 5 years as physician for the for tactical wheeled vehicle stability and mobil- Pittston Blood Drive. He is also a former Ro- ity. The technology will greatly improve soldier Friday, September 26, 2008 tarian. safety and survivability and mission effective- Mr. KANJORSKI. Madam Speaker, I rise Madam Speaker, please join me in con- ness. Eaton Automotive is a commercial com- today to ask you and my esteemed colleagues gratulating Dr. Lombardo on the occasion of pany serving non-military customers. Taxpayer in the House of Representatives to pay tribute this auspicious honor. His devotion and com- dollars are requested for this program to adapt to Dr. Joseph M. Lombardo, of Pittston, mitment to the community in which he was Eaton commercial technology to military vehi- Luzerne County, Pennsylvania, who was cho- born and raised has been extraordinary and is cles. sen by the Italian American Association of an inspiration to others. He is truly deserving 2. Advanced Digital Hydraulic Hybrid Drive Luzerne County to receive its 2008 ‘‘Lifetime of this special award. Systems.

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00035 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.001 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 22891 Department: Defense. been denied participation in the conferences, tion. The contests include: quilting, baking, Account: Research, Development, Test and mechanisms and conventions of the United scarecrow, kiddie tractor pull, and salsa. Also, Evaluation—Army. Nations and the specialized agencies since this year, favorite TVE memory is a contest, Legal Name of Requesting Entity: Eaton 1971, thereby creating a major breach in the calling people to recollect special experiences Corporation. operations of the United Nations system. This of times past. In addition to these events, the Address of Requesting Entity: 26201 North- has been a gross injustice that needs to be TVE asks the children to participate in a color- western Highway, Southfield, MI. corrected. Taiwanese people deserve a voice ing contest or in playing one of many games Description of Request: The objective of this in the UN specialized agencies for a number available. There will be live family entertain- project is to develop and demonstrate a hybrid of reasons. Taiwan’s population is larger than ment, a magician, hotdogs, and rice. The hydraulic drive system on military 4x4 vehi- two thirds of the UN member states. Taiwan grand event closes with a fireworks display to cles. This compact drive system will enable has a vibrant economy. Taiwan is a democ- usher out a truly meaningful milestone. vehicles to be operated more safely and effec- racy. Taiwan wants to provide a positive feed- The TVE is a tradition that brings the com- tively on even the harshest terrains, and also back to the international community. Taiwan’s save a substantial amount of fuel. Having munity together and calls to mind many of the meaningful participation in the specialized things that identify us as Texans. Therefore, I seen firsthand the challenges vehicles cur- agencies would help promote peace and co- rently face with respect to immobilization, roll- am happy to draw attention to the Trinity Val- operation in the Asia-Pacific region. ley Exposition on its 100th year of operation. over or forced-slow speeds due to weight, the Madam Speaker, the tension cross the Tai- value of such a system is very apparent. The wan straits has been eased since May 2008, f additional weight of important armor results in and leaders of Taiwan and the People’s Re- increased problems with maneuverability, so public have shown a willingness to settle their VETERANS APPRECIATION CELE- the reduced weight of the new hybrid system. dispute. This thawing of relations has been BRATION LEADING UP TO VET- In addition to reducing the weight of the drive warmly welcomed by the international commu- ERANS DAY system, this project will also increase fuel effi- nity. It is my hope that the PRC will favorably ciency by roughly 60 percent. The increased respond to Taiwan’s request with goodwill and fuel efficiency will provide clear logistical bene- flexibility. Only by allowing Taiwan to partici- HON. TIM MAHONEY fits by increasing vehicle range and decreas- pate meaningfully in the specialized agencies ing vehicle re-fueling requirements. This is not can the UN principle of universality be fulfilled OF FLORIDA at the expense of vehicle performance, how- and regional peace and prosperity be ensured. IN THE HOUSE OF REPRESENTATIVES ever, as the reduced weight will actually add f to vehicle traction and performance. Friday, September 26, 2008 Amount: $2,000,000. THE TRINITY VALLEY EXPOSITION Financial Breakdown: 100TH ANNIVERSARY Mr. MAHONEY of Florida. Madam Speaker, Allocation of Funds beginning November 1st, 2008 Charlotte 20% = $400,000—Advanced component HON. TED POE County will begin a Veterans Appreciation testing—Full Authority Pump Motor dem- Celebration leading up to Veterans Day. This OF TEXAS onstration. celebration will honor the Veterans in our area 20% = $400,000—System Testing—Lab IN THE HOUSE OF REPRESENTATIVES who have bravely served our country. It is my scale test for insertion advanced technologies. Friday, September 26, 2008 honor to recognize and thank the Veterans 10% = $200,000—Materials—Full Authority Mr. POE. Madam Speaker, today, I am who made this day possible and the commu- Pump Motor & Next Generation Accumulators. proud to recognize the Trinity Valley Expo- nity leaders who helped to put this wonderful 50% = $1,000,000—Labor—Design to de- sition on its 100th anniversary this October. celebration together. Events included in this velop a retrofit system, Next generation accu- The TVE has been a fixture in southeast 18-day celebration are: mulators proof of concept, Develop detailed Texas that brings fun and culture together for A Homeless Stand Down on November 1st, vehicle model, Develop supervisory control ar- a great yearly event. Additionally, outside of 2008, being hosted by the Charlotte County chitecture, Develop preliminary controls soft- the celebration in the autumn, TVE is active in Homeless Coalition and the Charlotte County ware. the community and invests in the youth of our Veterans Service Office. The stand down will Justification for the use of taxpayer dollars: great State. attempt to increase the community’s aware- This project will dramatically increase fuel effi- The TVE is a charitable organization located ness of homeless veterans and bring a variety ciency in military vehicles, and hence, provide in Liberty, Texas. The main groups benefitting of social service providers together to help logistical benefits as well as preserve fuel. The from the works of the TVE are the young peo- these veterans. During the stand down, show- new hybrid system will also reduce vehicle ple residing in the counties of Liberty and ers, haircuts, food and clothing will be pro- weight, which will add to vehicle performance Chambers. Over the past few years, the TVE vided for homeless veterans, as well as med- and allow for vehicles to carry increased has contributed thousands of dollars in schol- ical and counseling services. armor or supplies. arships to those students who are going to be f A Purple Heart Memorial Dedication Cere- attending post-secondary institutions. For ex- mony to honor all branches of service on TAIWAN DESERVES ample, in 2004, the TVE gave $30,000 in Tamiami Trail and Cochran Blvd in Port Char- PARTICIPATION scholarships to students in the area. lotte, Florida. This ceremony will take place on The TVE owns 60 acres of land, a covered November 2nd, 2008. HON. TED POE arena, an exposition hall, and a pavilion. Var- ious functions occur in these places through- A Veterans Day Parade on Saturday, No- OF TEXAS out the year. People are allowed to rent these vember 8th, 2008 in Punta Gorda, Florida. IN THE HOUSE OF REPRESENTATIVES facilities, giving members of the community a Veterans Day Celebrations throughout the Friday, September 26, 2008 chance to convene and offering anyone a community on November 11th, 2008. Mr. POE. Madam Speaker, it has come to great place to have ceremonies, celebrations, An Army/Navy youth football game at Franz my attention that on August 14, seventeen of and get-togethers. Ross Park on November 16th, 2008. Republic of China’s diplomatic allies requested The TVE is a volunteer organization that re- that the United Nations General Assembly in- lies on its helpers to be effective, especially, A Veterans Appreciation Dinner hosted by clude a supplementary item in the agenda of every fall when the TVE hosts a county fair. the Disabled American Veterans on November the 63rd session to ‘‘examine the fundamental This is a tradition that attracts people from 17th, 2008 in Punta Gorda, Florida. rights of the 23 million people of the Republic many places, near and far, to gather for the Without the service of our great Veterans, of China (Taiwan) to participate meaningfully festivities. There is no gate charge, all events we would not be able to enjoy the freedoms in the activities of the United Nations special- are free, and the entire public is invited. we do today. On behalf of Florida’s 16th Con- ized agencies.’’ This time, for the 100-year anniversary, the gressional District, I applaud Charlotte County I join my colleagues on the Hill in voicing event is extra special with numerous contests in their efforts to honor these men and women my support for Taiwan’s request. Taiwan has engaging participants in kind-spirited competi- who so bravely served our country.

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00036 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.001 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22892 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 September 27, 2008 PLANNED PARENTHOOD’S SEX ED triple the national average. In addition, by Under Democratic leadership, Congress has WEEK OF ACTION 2010, the purchasing power of the Latino com- made strides in addressing the needs of munity is projected to skyrocket from 600 bil- Latino families. But we must not rest. This HON. ZOE LOFGREN lion to a trillion dollars. Clearly, this proven election cycle provides all of us in the Latino OF CALIFORNIA work ethic and an entrepreneurial spirit will en- community with a critical opportunity to move able Latino businesses and workers to play an our agenda forward. With responsive rep- IN THE HOUSE OF REPRESENTATIVES even bigger role in sustaining and strength- resentation in all levels of government includ- Friday, September 26, 2008 ening our Nation’s economy in years to come. ing the Executive Branch, the Latino commu- Ms. ZOE LOFGREN of California. Madam Politically, Latinos are making significant nity can better use its leverage to make Speaker, I rise today at a time when our coun- gains, especially as representation in elected progress on key priorities. These priorities in- try is facing grave concerns over the econ- offices at all levels of government continues to clude increased access to high quality edu- omy, yet this administration has supported increase. Currently, according to the National cation, greater access to quality health care $1.3 billion on ineffective abstinence-only pro- Association of Latino Elected and Appointed and comprehensive immigration reform. grams. Officials, more than 6,000 Latinos are pro- As we observe Hispanic Heritage Month, I The CDC has just reported that more than viding leadership in elected and appointed of- ask my colleagues to please join me in recog- 1 in 4 girls are infected with a sexually trans- fices throughout the country. nizing the growing political empowerment and mitted infection. It is clear that teens do not While I am very proud of the many Latino activism in the Latino community. Now more have access to full information about how to leaders who are standing up for their commu- than ever, we must work together, organize, lead safe and healthy lives. This reaffirms nities by assuming important positions of lead- and, above all, vote, to make our voices heard what people in my home state of California al- ership, we must keep working to increase our this November. ready know: abstinence-only programs do not representation. According to a new report f work. compiled by the University of Denver, the number of Latinos holding public office is dis- TRIBUTE TO ST. BONIFACE I am proud to be from the first state that has CATHOLIC CHURCH rejected wasteful Title V abstinence-only fund- proportionately low given that the Latino popu- ing. California leads the Nation in its effort to lation is the largest minority group. The report states, ‘‘Very few Latinos have ever been ap- HON. TOM LATHAM prevent unintended pregnancy through access pointed to serve in high-ranking posts or cabi- OF IOWA to family planning, comprehensive sex edu- net positions. No Latino has ever been ap- IN THE HOUSE OF REPRESENTATIVES cation, public funding of family planning serv- pointed to the Supreme Court. Only during the ices and laws and policies protecting access Friday, September 26, 2008 last twenty years have Latino leaders begun to to reproductive health care. Mr. LATHAM. Madam Speaker, I rise today occupy cabinet positions . . . A handful of We must expand access to these services. to congratulate St. Boniface Catholic Church Latinos have held such positions . . . Still, the This is why I support the outreach and com- of Garner, Iowa, on celebrating their 125th an- participation of Latinos in the administration is munity programs of the Planned Parenthood niversary as a congregation. below what should be expected relative to the of Mar Monte. They provide comprehensive The history of Catholicism in the Garner population.’’ community dates back to the time neighboring sex education programs through community Without question, the commitment of Latino priests of Charles City, Mason City, and outreach to high school students, parenting leaders to equity in this country has inspired Algona would come together once a month to and pregnant teen mothers and train young all of us to do the work that we do with heart celebrate Mass and administer the Sacra- males in responsible decision making. and compassion. I am inspired by the words ments in homes and in the public school. On This week, Planned Parenthood affiliates of the late Chicana author, Gloria Anzaldua, December 21, 1883 the deed for the land, around the country are sponsoring grassroots who wrote, ‘‘The possibilities are numerous which was purchased for $100 in 1882, was events to raise awareness about the need for once we decide to act and not react.’’ recorded. Father Hanley was appointed pastor comprehensive sex education. A majority of On May 1, 2006, Latinos came out by the of Clarion, Hampton, and Garner and had the voters strongly support comprehensive sex millions and took to the streets stating, ‘‘Today church erected. It was the first Catholic education and want public schools to teach it we march, tomorrow we vote.’’ They kept their Church in Garner and Mass was celebrated in to keep our youth healthy and safe. promise and in the November 2006 election, the church in August of 1883. These parents are just looking to Congress the country saw the largest turnout of Latino In 1924, a purchase of two more lots gave to eliminate funding for dangerous abstinence voters for a midterm election. This November, St. Boniface ownership of the entire block and only programs and instead fund comprehen- with the growing population and increased the rectory was moved to this location. In sive sex education programs. numbers of registered voters, the Latino com- 1940, a new church was constructed for an f munity will have a vital role in selecting the estimated cost of $37,000. While growing as a new president of the United States. According A TRIBUTE TO THE LATINO COM- congregation, St. Boniface Church saw many to the University of Denver report, 93 percent MUNITY IN HONOR OF HISPANIC liturgical changes take place over the years of Latino registered voters plan to vote in the HERITAGE MONTH but the community always came together and upcoming election. remained steadfast and united. With increasing political clout in the halls of St. Boniface Catholic Church is dedicated to HON. LUCILLE ROYBAL-ALLARD State legislatures and in the voting booth, benefitting the lives of those in Garner, and for OF CALIFORNIA Latinos will continue to be agents of social this I offer my utmost congratulations and IN THE HOUSE OF REPRESENTATIVES and political change in this country. For example, since the start of the 110th thanks on a prosperous history. It is an honor Friday, September 26, 2008 Congress under the leadership of the new to represent all the parishioners of St. Boni- Ms. ROYBAL-ALLARD. Madam Speaker, in Democratic majority, Congress has passed face Catholic Church and the current pastor observance of Hispanic Heritage Month, I rise key legislation that directly benefits the Latino Reverend Henry Huber in the United States today to pay tribute to the growing, enter- community. Congress authorized Recovery Congress, and I wish them continued success, prising and dynamic Latino community. Rebates that went out to 130 American house- grace, peace and celebration as a community. Today, you need only look at recent statis- holds—including many Latino households—to f tics to recognize the growing influence of the help revitalize the economy. Congress in- IN HONOR OF VOCALESSENCE Latino community. creased in the minimum wage, directly bene- SEPTEMBER 26, 2008 This year, the Latino population has grown fiting 2.3 million Latinos over the next several to more than 45 million people in the United years. Congress increased unemployment HON. BETTY McCOLLUM States. By 2050, the Latino population is pro- benefits at a crucial time when the Latino un- OF MINNESOTA jected to go up to 132 million, constituting 30 employment rate was at 8 percent. More re- IN THE HOUSE OF REPRESENTATIVES percent of the Nation’s population. cently, Congress reauthorized the Higher Edu- Economically, Latinos own more than 1.6 cation Act, an important piece of legislation Friday, September 26, 2008 million businesses in the country, generating that will help many Latino students pursue a Ms. MCCOLLUM of Minnesota. Madam $222 billion in revenue at a growth rate that is higher education. Speaker, I rise today to honor VocalEssence

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I am the proud to SSgt Erin Calhoun, SSgt Kevin Dupree, SSgt 2008, VocalEssence kicked off its anniversary be the father of four sons who serve in our na- Marshall Nettles, SSgt Vanessa Chase, SSgt year with a community concert celebration fea- tion’s military, including two sons who served Carlton Newkirk, SSgt Efren Almario, SrA Car- turing Garrison Keillor. in Iraq. los Suazo, SrA Jana Phillips, SrA Tameka During its distinguished history under the di- In honor of his sacrifice and dedication to McCray, SrA James Kyaw, SrA Juan Rosales, rection of the internationally renowned director his country, Frank Buckles was recognized by SrA Winnett Knox, SrA Clifton Smith, SrA Jes- Philip Brunelle, VocalEssence has become President George W. Bush earlier this year sica Mosley, SrA Justin Gaskill, SrA Francisco one of the largest and most prestigious choral during a ceremony honoring World War I vet- Mendez, A1C David Hartmann, A1C Isaac organizations in the country. Founded by erans. On September 24th, the Ancient and Saldivar, A1C Bronson Woods, A1C Shuan Brunelle in 1969 as the Plymouth Music Se- Accepted Scottish Rite of Freemasonry, Guthrie and A1C Michael Tran. ries, the choral organization became Southern Jurisdiction honored Mr. Buckles by f VocalEssence in 1992, and has steadily grown bestowing upon him the Scottish Rite honor in reputation along with Mr. Brunelle. Mr. and rank of Knight Commander of the Court of CONGRATULATING LOVING Brunelle himself is an institution in the choral Honour. As a fellow mason, I am proud of the CHOICES PREGNANCY CENTERS music community, and an outstanding artist. tradition of brotherhood and dedication to free- OF NORTHWEST ARKANSAS VocalEssence has earned praise for its inno- dom that masons embody. vation among the music community by work- I congratulate and thank Frank Buckles for HON. JOHN BOOZMAN ing to spotlight lesser known compositions his service to our Nation. OF ARKANSAS from all time periods, as well as the work of f IN THE HOUSE OF REPRESENTATIVES contemporary composers. By 1991 the organi- Friday, September 26, 2008 TRIBUTE TO THE TEXAS AIR NA- zation enjoyed international recording success, Mr. BOOZMAN. Madam Speaker, I would as well as international recognition as a leader TIONAL GUARD 147TH RECON- NAISSANCE WING like to congratulate Loving Choices Pregnancy in choral music performance. Centers of Northwest Arkansas. The centers VocalEssence has been actively involved in provide critical services for women who are community engagement in the Twin Cities HON. NICK LAMPSON faced with life changing decisions. through programs such as WITNESS, an ini- OF TEXAS Employees in the Rogers and Fayetteville tiative that honors and celebrates the contribu- IN THE HOUSE OF REPRESENTATIVES centers have a difficult task counseling and tions of African Americans to our cultural herit- Friday, September 26, 2008 educating one thousand women annually on age. Through concerts and recordings fea- Mr. LAMPSON. Madam Speaker, I am privi- the choices they have. Their job is made easi- turing African American composers and artists er with the help of 30 volunteers who collec- and educational outreach designed to inform leged to recognize the men and women of the Texas Air National Guard 147th Reconnais- tively spend more than one thousand hours students of the historical role of African Ameri- serving the needs of women in a reproductive cans in our culture, WITNESS has enriched sance Wing of Houston, Texas for their out- standing service to the community in helping health crisis. Offering a listening ear, helping our community and the musical world, reach- expectant mothers prepare for their baby and ing more than 115,000 students in more than 5,943 constituents in the aftermath of Hurri- cane Ike. using their sewing skills are just a handful of 55 schools in the Twin Cities area. services volunteers provide. VocalEssence has brought great distinction Forty-two members of the Texas Air Na- tional Guard 147th Reconnaissance Wing In recognition of their efforts, Loving to the Twin Cities arts community, earning nu- Choices Pregnancy Centers of Northwest Ar- merous recognition and awards from the were tasked with providing support for the congressional mobile office in a variety of kansas received the ‘President’s Volunteer American Society of Composers, Authors, and Services Award.’ This honor is given to Ameri- Publishers, as well as the Margaret Hillis ways; including traffic control, translation as- sistance, security, technical support, parking cans who demonstrate their commitment to Achievement Award for Choral Excellence, an volunteerism and inspire others to do follow outstanding achievement and an unparalleled and bus operations. Commander Col. McNeely and Vice Commander Col. Horn pro- their example. honor in the choral music community. I am thankful Northwest Arkansas residents vided excellent leadership in the recovery ef- Madam Speaker, it is my great pleasure to are so willing to help their neighbors in need forts along with Lt. Col. Cooper, Lt. Col. honor VocalEssence, and to celebrate the 40 and share their time and resources to benefit years it has enriched the culture of the Twin Allinson, and Lt. Col. Garner. In addition to supporting the operation and the greater good of the community. Volunteers Cities. are a critical component of ensuring the con- f function of the congressional mobile office, these service members immediately tinued success of Loving Choices Pregnancy IN RECOGNITION OF FRANK W. transitioned into supporting units for the FEMA Centers of Northwest Arkansas. BUCKLES Disaster Recovery Center at Ellington Field f where they have continued to serve thousands TRIBUTE TO RAYL ROBBINS HON. JOE WILSON of individuals. OF SOUTH CAROLINA It is my distinct honor to recognize the re- HON. TOM LATHAM markable efforts of the Texas Air National IN THE HOUSE OF REPRESENTATIVES OF IOWA Guard 147th Reconnaissance Wing for their IN THE HOUSE OF REPRESENTATIVES Friday, September 26, 2008 outstanding service to their community and Mr. WILSON of South Carolina. Madam country. Southeast Texas is grateful for the ef- Friday, September 26, 2008 Speaker, I rise to recognize Frank W. Buckles. forts and leadership provided by the com- Mr. LATHAM. Madam Speaker, I rise today Mr. Buckles, at the age of 107, is the last manders, senior enlisted leaders, and guard to recognize Rayl Robbins of Huxley, Iowa for known remaining veteran of World War I. members, and I am proud of their noble serv- his service at the Wesley Community Hospice. Having joined the Army at the age of 16, ice to the victims of Hurricane Ike. Rayl is the hospice chaplain at Wesley Mr. Buckles fought bravely for his Nation in The following members of the 147th Recon- Community Hospice, where he is able to in- World War I. During the Second World War, naissance Wing joined in the recovery efforts: corporate his love for music at work. A self- as a civilian he was imprisoned by the Japa- SMSgt Glenn Boutte, SMSgt Richard taught musician, he sometimes plays on his nese and spent 39 months in captivity. Williamson, MSgt Mali Cornitius, MSgt Howard guitar and sings hymns to some of the clients. The freedoms we enjoy today and the pros- Williams, MSgt Rodolfo Robles, MSgt Patrick He hopes to help others find peace in the perity our nation has enjoyed throughout its Hurley, TSgt Andres Cabrera, TSgt Leanne midst of the chaos in their lives. Rayl’s com- history are due in large part to the sacrifice Bates, TSgt Terry Matheson, TSgt Joel mitment to his job and his clients has earned and courage of men and women like Mr. Agtang, TSgt Burdette Deyo, TSgt Lex him admiration, trust and friendship from the Buckles. As the son of a World War II veteran Paxton, TSgt Hugo Torres, TSgt Nathan staff and from those residing in the hospice. and a former member of the National Guard Kelley, TSgt Sonya Bond, SSgt Klaus Riel, Great service goes a long way, and I am hon- and Reserve myself, I know firsthand and am SSgt Nakeia Mitchell, SSgt Stacie Sandoval, ored to see fellow Iowans like Rayl providing grateful for the tremendous legacy of patriot- SSgt Kevin White, SSgt Lindsey-Lumpkin, service second to none.

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00038 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.001 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22894 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 September 27, 2008 I know that my colleagues in the United Delaware and across America. Her under- fited us all, and I know that I sleep soundly at States Congress join me in commending Rayl graduate and graduate degrees from the Uni- night knowing that Sheriff Richard Roth is Robbins for his service at Wesley Community versity of Delaware and background in edu- watching over all of our neighbors. Hospice. I consider it an honor to represent cation and school counseling have served her him Congress, and I wish him the best. well in numerous influential leadership posi- f f tions, including serving as vice president of the College of Education, Human Services IN HONOR OF COMMISSIONER TRIBUTE TO MRS. URSULA and Public Policy at the University of Dela- CYNTHIA WHITE VILLERE ware and as president of the Delaware School Counselors Association and the Delaware HON. STEVE SCALISE Counseling Association. Joanne also served HON. MICHAEL C. BURGESS OF LOUISIANA as a board member of the National Associa- OF TEXAS IN THE HOUSE OF REPRESENTATIVES tion for the Education of Homeless Children Friday, September 26, 2008 and Youth. Joanne currently serves as an IN THE HOUSE OF REPRESENTATIVES education associate for school improvement Mr. SCALISE. Madam Speaker, I rise today Friday, September 26, 2008 in recognition of Mrs. Ursula Villere who will with the Delaware Department of Education. be 90 years old on November 30, 2008. She In addition, Joe and Joanne have been very Mr. BURGESS. Madam Speaker, I rise active members in the Hispanic community. was born and raised in New Orleans, Lou- today to honor Denton County Commissioner Joe currently serves as the President of the isiana, and has lived in Metairie, Louisiana, Cynthia White and her years of service to National Hispanic Caucus of State Legislators since 1955. Mrs. Villere had seven children: Denton County and the North Texas region. five boys and two girls. Six out of the seven and as a member of the Governor’s Advisory Cynthia White began her career in public still live in Louisiana and one daughter moved Council on Hispanic Affairs. From 1994 to to Texas after Hurricane Katrina. She also has 2002, Joe was a board member of the Latin service as a Constituent Liaison for U.S. Con- 14 grandchildren: 12 boys and two girls; and American Community Center in Delaware. Jo- gressman Dick Armey. She then began a dis- six great-grandchildren: two boys and four anne continues to lend her support to Joe’s ef- tinguished career in local government serving girls. Mrs. Villere graduated from Dominican forts in representing the interests of Latinos in on the City of Lewisville Planning and Zoning High School and Dominican College with a Delaware and throughout the United States. Commission as well as the Board of Adjust- I acknowledge and thank Representative B.S. in education. Mrs. Villere taught school ment. In 1992 Commissioner White was elect- Joe and Joanne Miro for their service to the both in New Orleans and Jefferson Parish. ed to the LewisviIIe City Council where she State of Delaware and our country. I am con- She retired from Jefferson Parish School Sys- served as Mayor Pro-Tem from 1994 to 1995. fident that they will remain active and enthusi- tem in 1980. She is still an active member of astic advocates for these causes that are so She was elected Commissioner in Denton KKI Sorority, Lakeshore Golden Age Club at dear to their hearts. County in 2000 where she has since worked Lakeshore playground, and is a parishioner of hard for the people of Precinct 1 and beyond. St. Angela Merci Church. f Commissioner White has become known as f HONORING SHERIFF RICHARD a leader on transportation issues for her re- ROTH IN HONOR OF REPRESENTATIVE gion. Her dedication has helped pave the way JOSEPH E. MIRO AND JOANNE for numerous projects in Precinct 1 from safe- MIRO HON. ILEANA ROS-LEHTINEN ty improvements along Highway 377 to pro- OF FLORIDA viding needed funding for FM 423 to HON. MICHAEL N. CASTLE IN THE HOUSE OF REPRESENTATIVES partnering with local cities to secure funding OF DELAWARE– Friday, September 26, 2008 for improvements on FM 2181. When the IN THE HOUSE OF REPRESENTATIVES Ms. ROS-LEHTINEN. Madam Speaker, I LewisviIIe Lake Bridge/FM 720 concept Friday, September 26, 2008 would like to take this opportunity to offer my stalled, Commissioner White brought con- Mr. CASTLE. Madam Speaker, it is with highest commendations to Sheriff Richard cerned parties back to the table to get the great pleasure that I rise today to recognize Roth and to thank him for the nearly twenty project moving again. Thanks to her efforts, Delaware State Representative Joseph E. years of service that he has selflessly dedi- that bridge is now being constructed and will Miro and his wife, Joanne. On October 17, the cated to Monroe County. soon help provide needed relief to traffic con- Delaware Latin American Community Center It is a testament to the greatness of our na- gestion. The Commissioner has served as the will honor Joe and Joanne for their contribu- tion that a native of Minneapolis, Minnesota Chair of the Regional Transportation Council, tions to the Delaware community at their An- can find his calling in the Law Enforcement a board member of the Dallas Regional Mobil- nual Grand Ball, Una Noche en Espan˜a. community of Florida and work his way up ity Coalition, and has spoken on transportation Joe’s life in public service began following from a radio dispatcher to the Sheriff of Mon- to audiences throughout the state, including his 1970 graduation from Lincoln University roe County. the Texas Senate. when he accepted a position teaching in the Sherriff Roth has committed himself wholly Wilmington School District in Wilmington, and unwaveringly to the safety of our commu- Commissioner White’s public service goes Delaware. He continued teaching in the Chris- nity. Throughout his career, he has sought to far beyond government. She has volunteered tina School District until his retirement in 2001. further his expertise in law enforcement with a with organizations such as the United Way, In 1975, he earned a masters degree from degree in Police Administration from Florida the Boys and Girls Club, the Denton Benefit West Chester University and completed post- Keys Community College, as well as success- League, the American Heart Association, and graduate degree work at the University of fully completing courses at the National Sher- the Salvation Army of Denton Advisory Board. Delaware. Joe’s career in politics began in iff’s Academy and the prestigious FBI National In addition to this, she remains an active 1992 when he was elected to the New Castle Academy for police executives all so that he member of her church, a certified personal County Council, serving until his election to may better serve our community. trainer and promoter for health and fitness the Delaware House of Representatives in As Sheriff, his efforts to boost community in- issues, and often performs as a musician in 1998. As a member of Delaware’s General volvement have resulted in nearly 140 Crime the community. Assembly, Joe has been a strong advocate of Watch groups in Monroe County and recogni- an increased focus on improving education tion at the State and National level for its ac- It is with great honor that I recognize Com- statewide and nationwide, joining such asso- complishments; not the least of which is re- missioner Cynthia White for her years of hard ciations as the Delaware State Education As- ducing crime in Monroe County by fifty percent work and dedication given to the citizens of sociation and the Association of Teachers of during his tenure as Sheriff. Denton County and North Texas region. I am Foreign Language. His service to his country in the United proud to represent her in Washington. Her Likewise, Joanne has dedicated herself to- States Navy and to his community in the Mon- service sets a standard of devotion and true ward improving education for our youth in roe County Sheriff’s Department have bene- leadership, one that will never be forgotten.

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TRIBUTE TO HONOR FLIGHT I will miss RAY LAHOOD and, like his con- fective economic cost to the buyer without stituents, I wish him all the best and thank him cutting the price to the seller. The tax credit for his years of public service. would be available to anybody and would be HON. CHRISTOPHER SHAYS a true tax credit in the sense that you would OF CONNECTICUT f still get the interest deduction. The govern- IN THE HOUSE OF REPRESENTATIVES AN ALTERNATIVE TO THE ment would be sponsoring a ‘‘fire sale’’ of Friday, September 26, 2008 houses. The tax credit would only apply to PAULSON PLAN existing house inventory, i.e. new houses Mr. SHAYS. Madam Speaker, I pay tribute which were completed or under construction today to Honor Flight for its dedication to our HON. VIRGINIA FOXX as of September 1, 2008 and existing houses World War II Veterans. which could be proven to be on the market OF NORTH CAROLINA In Connecticut, we have been blessed by as of September 1, 2008. The tax credit would the vision of Christopher Coutu, Founder of IN THE HOUSE OF REPRESENTATIVES be available for a limited time, for example American Warrior. This organization is dedi- Friday, September 26, 2008 until June 30, 2009. In order to motivate rapid sales activity. Congress would approve cated to bringing World War II Veterans from Ms. FOXX. Madam Speaker, I submit the Connecticut to Washington, DC to see their a fixed amount of tax credit and make it following for the RECORD: available on a first come, first serve basis. monument erected for their service to our BRANCH BANKING & TRUST CO., For example, the amount of the tax credit country during its darkest hour. Mr. Coutu cre- Winston-Salem, NC, September 26, 2008. could be $100 billion to the first purchasers of ated American Warrior with the ideas of Honor Hon. VIRGINIA FOXX, houses. This would force individuals to act Flight in mind and has helped many Veterans House of Representatives, Cannon House Office quickly. The goal is to entice people to make see this important memorial for the first time. Building, Washington DC. real estate investments who otherwise would Honor Flight has done this for many Vet- DEAR REPRESENTATIVE FOXX: Unfortu- not and clear the housing inventory. erans around the country. Their dedication has nately, while under normal circumstances Let me give you some concrete examples. given so much back to the generation that de- there would be a free market solution, given There is a house on the road which I travel fended us and sacrificed so much to keep the publicity and psychological mindset to work that has been on the market for which has been created. Congress not acting $200,000. I am not interested in purchasing at their fellow Americans safe. is extraordinarily risky. Therefore, an alter- that price. However, a 10% tax credit of We cannot do enough for our Veterans in native to the Paulson Plan must be devel- $20,000 makes the effective cost of the house exchange for what they gave us, but we can oped. A much more effective, far less expen- to me $180,000. At that cost, I would be will- honor them and give them opportunities to be sive solution to the financial crisis than the ing to purchase the house. In addition, the thanked by a grateful nation. I stand in awe of Treasury Secretary presented is outlined tax credit makes it an even better deal since Honor Flight, American Warrior for giving our below. I personally hate to pay taxes. World War II Veterans the opportunity to see It is important to recognize that the fun- Tom, who owns the home, wants to sell his their memorial erected in their honor. damental problem is in the real estate mar- house so he can buy a new home that is a few ket. We have built too many houses, built blocks away. If he can sell his house for f too expensive houses, built houses in the $200,000. he would have enough equity to buy RECOGNIZING THE CAREER AND wrong places, etc. We have an excess of hous- his new house. (He sells for $200,000 and yet SERVICE OF REPRESENTATIVE ing inventory. Problems in the mortgage the house cost me $180,000.) market which are causing the problems in I already have a house and do not need to RAY LAHOOD capitals markets are being created by the have a second house to live in, so this house problems in the real estate market. House would be an investment for me because I HON. JANICE D. SCHAKOWSKY prices in many areas have been out of line think house prices will ultimately appre- OF ILLINOIS with peoples income and rental alternatives. ciate, particularly off of the 10% reduced IN THE HOUSE OF REPRESENTATIVES In the long term, the price of houses is deter- cost base. I would be motivated to rent the mined by production costs, people’s incomes house because having an empty house is not Friday, September 26, 2008 (affordability) and the relative cost of rental productive. I would rent it based on the Ms. SCHAKOWSKY. Madam Speaker, I rise alternatives. Based on these factors, the $180,000 price or less because any rental in- today to acknowledge my friend and colleague price of houses in the United States on aver- come would be better than none. I may rent age need to fall approximately 30% from the it to Fred and his family who are moving out Representative RAY LAHOOD, who is retiring peak of the market to sell the unsold inven- of a falling-down mobile home which would from the House after 14 years of service to tory. (The numbers used here are rough ap- improve the quality of their life. Tom would the 18th District of Illinois. proximations and vary significantly by indi- have a better house for himself and his fam- I have had the pleasure of working with RAY vidual market, but they make the point.) We ily. Fred would have a better house for him- LAHOOD on many issues of importance to our have effectively wasted $600 billion on hous- self and his family, and I would have a good State. We have not always agreed on every ing which should have been put to more pro- investment. The realtor who sold both policy issue, but we have always been able to ductive uses such as technological invest- houses would have more income to pay for discuss our differences with respect and good ment, education, agricultural advancement, her house and the builder would be out from will and we have always been able to work to- etc. Without Freddie Mac and Fannie Mae under a financial bind. The bank that fi- and the affordable housing program (sub nanced the new house would have less risk gether to promote the interests of Illinois. His prime), we could never have made a and more capital. Having an empty house is common sense and sense of fairness are rec- misallocation of capital of this magnitude. not only a waste of capital, it reduces the ognized and valued not just within the Illinois However, the mistakes have been made and standard of living, delegation, but within the entire House of Rep- we have to live with them. Housing prices Here is another concrete example. Janet resentatives. nationally have already fallen approxi- and Jim who live in the northeast have long A member of the House Appropriations mately 20%. The good/bad news is approxi- coveted a vacation/retirement house in Flor- Committee, RAY LAHOOD has been a strong mately $500 billion of the projected $600 bil- ida. With this once in a life time buying op- advocate of Illinois farmers and rural commu- lion in losses have already been taken by fi- portunity covered by the housing tax credit, nities. When the Republicans were in the ma- nancial institutions, and substantial capital and given that house prices in Florida have raised to cover some of the losses. House already fallen significantly, Janet and Jim jority, he was often called on to chair the prices need to fall another 10% or approxi- would be motivated to buy that dream vaca- House, not only because of his knowledge of mately $100 billion to clear the market. Iron- tion/retirement home in Florida and they procedures but because of his ability to main- ically, if the market knew that housing can afford to do it at this reduced price. Be- tain order in a calm and fair fashion. prices were going to fall exactly 10%, the cause they are not ready to retire, they may Representative LAHOOD has a long and dis- market would stabilize. Uncertainty about put the house they have purchased up for tinguished record of serving his district, from the bottom of the market is what is creating rent for vacationers and/or for individuals his leadership in establishing the Abraham the disruption in the capital markets. living in Florida at a lower rental rate based Lincoln President Library and Museum in The goal is to cut the effective economic on the cost and the fact that any rental in- cost to the buyer without cutting the price come is better than no income. Again, this Springfield to his work to spur economic to the seller which will solve the problem in would be a good situation in that Janet and growth while protecting the environment. A the housing market. Congress can approve a Jim would be happy, the builder would be teacher by training, he has worked to preserve house purchase income tax credit equal to better off financially, the bank that financed and improve the Library of Congress—our Na- 10% of the cost of the house with some max- the house would be better off financially, the tion’s preeminent library. imum (such as $40,000). This will cut the ef- realtor in Florida who sold the house would

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00040 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.001 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22896 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 September 27, 2008 be able to make her house payments and the Then some unfortunate events occur. and two teachers who met at the Christ renters or vacationers would have a better James develops a drinking problem, loses his Church Sunday School in Greenville, Dela- quality of life. job and can not pay his mortgage home pay- ware. One of these students was Keith Car- This program can all be accomplished for ment. Simultaneously, to your and James’ $100 to $150 billion and solves the real estate surprise, the price of houses have fallen and penter, Mary’s fourth child. Mary’s vision for a problem and with it the capital markets the home that James owns that you have fi- school that could meet her son’s learning problem. While expensive, this program is nanced is now only worth $180,000. James has needs inspired four other parents, who sup- dramatically less expensive than Paulson’s lost his total investment and has nothing ported Mary in realizing this vision. The $700 billion dollar program. else to loose at this point. You have lost groundbreaking teaching of these instructors Our program would be a huge economic $10,000 but you are highly motivated to get proved so successful, the teachers, parents, stimulus far more effective than sending the house sold or rented. Since James can people $100 checks so that they can eat out and Mary recognized that this ‘‘pilot’’ program not lose any more, he immediately appeals must become an established, ongoing school. an extra meal. Rich people would benefit to the legal system and declares bankruptcy from the tax credit (this is not an egali- and puts the house in foreclosure. In many Pilot has grown into a teacher-designed facility tarian measure), but the country as a whole states like Florida, James can delay the liq- with 50 staff members educating approxi- would tremendously benefit. All homeowners uidation of his house for 12 months, and ef- mately 160 students ages 5 to 14 each year. would benefit because this would stabilize fectively live in the house free, while con- Today, Mary serves on the Board of Trust- housing values nationally. The interesting tinuing to drink and not go back to work. ees to the Pilot School, helping to set school fact is that there are less than a million The combination of the judicial system and extra houses for 300 million people in Amer- policy, manage finances, raise financial sup- ‘‘do-gooders’’ keep the housing market from port for tuition aid, and oversee maintenance ican. The incentive does not have to impact correcting thereby causing additional losses. the decision making of many families to to the school’s facility. As such, she serves on However. this means that Alfred, who is have a significant impact on the U.S. econ- the Financial Aid Committee and the Execu- hardworking and honest, and would like to omy. tive Committee. While she remains heavily in- To understand the problem in a broader rent or buy the house from you, continues to live with his family in a mobile home at risk volved in the overall workings of Pilot, Mary context, it is appropriate to reflect on it still reaches out to the teachers and parents of from a very basic perspective. My early ca- of a hurricane, while James, the alcoholic, reer in the bank was devoted to financing gets to live in a nice house. In other words, Pilot students as a person who understands farmers. An interesting thing happens in ag- the legal system acts as an impediment to the challenges that face those who seek to ricultural markets, farmers have to guess normal market correction process which properly intervene for children with language- what to produce based on what they expect happens every few minutes in agricultural based learning difficulties. If she hears of a the price to be in the fall. Hedging helps but commodity markets. The commodity prices need, Mary meets that need, often sending production can not be totally hedged. In the are constantly adjusting reflecting expecta- tions for the values of different products and supplies, materials, and thoughtful gifts to spring, many farmers think that soybean teachers for their classrooms. prices will be high in the fall so they grow a services based on imperfect human knowl- lot of soybeans. The weather is very good edge. I acknowledge and thank Mary Carpenter and soybeans production is good and soybean By the way, the reason Bernanke and for her many years of service and numerous prices fall because there are so many soy- Paulson can not see the solution is they are contributions to the Pilot School and education beans. This is an economic miscalculation, making a fundamental epistelogical (think- in the State of Delaware. I am confident that and it is an unavoidable calculation because ing) error. Bernanke is thinking from eco- she will remain an influential part of the Pilot nomic theory and Paulson is thinking from a as human beings we are not omniscient. The School for many years to come. fact that farmers would have been better off capital market theoretical perspective. To f growing more sun flower seeds and fewer solve the problem, we have to deal with the real physical world, i.e., the fact that there soybeans is not known before the process EARMARK DECLARATION starts. The soybean market corrects almost is a physical inventory of houses that needs immediately. The reason this happens is that to be cleared and we must grasp what moti- soybean farmers have an interesting di- vates real individuals (not theoretical collec- HON. JIM GERLACH lemma; they have soybeans which they have tives) to act. OF PENNSYLVANIA A carefully designed housing tax credit and to do something with because they can not IN THE HOUSE OF REPRESENTATIVES eat them all themselves. They can sell the ending Fair Value accounting (as currently soybeans or store them. If they choose to implemented) will fix the real estate mar- Friday, September 26, 2008 kets, capital markets and the economy. This store them they have the cost of storage, the Mr. GERLACH. Madam Speaker, pursuant risk of physical damage and the risk that the program will likely actually increase tax revenue by stimulating the economy by in- to the Republican caucus standards on ear- price will be even lower in the spring. That marks, I am submitting the following informa- is a risk some farmers assume and others creasing taxable income. There is likely to don’t, but the market quickly clears all the be a net gain to the government. tion for publication in the CONGRESSIONAL soybeans that are for sale, and the people I hope you will give this issue serious con- RECORD regarding earmarks included at my that store them are making a rational eco- sideration. request in H.R. 2638, Consolidated Security, nomic decision based on the facts. They are Sincerely, Disaster Assistance, and Continuing Appro- JOHN ALLISON. at risk if the decision is wrong so they are priations Act, 2009. more likely to sell. f Department of Defense Appropriations. In theory the housing market should work Account: Operation and Maintenance. in the same way, i.e., housing prices should IN HONOR OF MARY CARPENTER have quickly fallen 30% and we should be Defense Wide: Collegiate Consortium for through the market correction, particularly HON. MICHAEL N. CASTLE Workforce and Economic Development, 4747 South Broad Street, Philadelphia, Pennsyl- given that the housing market has been in a OF DELAWARE– correction for over 2 years. Unfortunately. vania—$800,000 for the Delaware Valley Con- IN THE HOUSE OF REPRESENTATIVES we have factors that prevent the natural free tinuing Education Initiative for National Guard market correction process from working ef- Friday, September 26, 2008 and Reserve. The funding would be used to fectively in the housing market. One factor Mr. CASTLE. Madam Speaker, it is with provide job-skills training and continuing edu- is human psychology in that people tend to great pleasure that I rise today to recognize cation to Veterans, National Guard and Re- make less rational decisions in regards to their home because of the emotional attach- Mary Carpenter for her 50 years of support to serve personnel returning from Iraq and Af- ment (which farmers do not have for soy- the Pilot School in Wilmington, Delaware. As ghanistan. Military and civilian personnel dis- beans). There is probably not much we can the principal founder of the Pilot School, Mary placed by the closure of the Willow Grove do about this fact. has seen her dream blossom into a reality: an Naval Air Station will also be eligible for edu- The other factor is structural and it re- innovative, individualized learning facility that cation and job-training services. flects on who is taking the risk. Let me give has impacted the lives of countless children Bentley Systems, Inc., 685 Stockton Drive, you an example. You make a loan to James and their parents in the Delaware Valley area. Exton, Pennsylvania—$1 million for U.S. Navy who is someone you know, but not a close friend. James is buying a $200,000 house and The Pilot School serves to provide a learn- Mobile Condition Assessment System Pilot for he is willing to put $10,000 down and you loan ing environment for children who need individ- Commander, Navy Region Mid-Atlantic him $190,000. You think you are safe with ualized, therapeutic attention to build basic (CNRMA). The funding would be used to de- your investment because you think house academic and social skills. In 1957, the Pilot velop and test the U.S. Navy Mobile Condition prices always go up. School began as a class of five young boys Assessment System Pilot; a mobile condition

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00041 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.001 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD September 27, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 22897 assessment system that could quickly assess RECOGNIZING THE LIFE OF CON- Congressional District of Ohio until her un- damage and infrastructure recovery needs to GRESSWOMAN STEPHANIE timely and unfortunate death in August of this improve response time to natural disaster or TUBBS JONES year. terrorist attack. During her time as a Congresswoman, Stephanie never lost her zeal for public serv- Account: Research Development Test and HON. PETE SESSIONS ice nor her passion to help young people. She Evaluation. OF TEXAS IN THE HOUSE OF REPRESENTATIVES constantly sought to improve public schools Defense Wide: Morphotek Inc., 210 Welsh and ensure that every American student had Pool Road, Exton, Pennsylvania—$1.6 million Friday, September 26, 2008 the best possible education. Stephanie was a for Mismatch Repair Derived Antibody Medi- Mr. SESSIONS. Madam Speaker, today I well-respected member of this Congress and cines to Treat Staphylococcus-derived bio- rise to recognize the life of my good friend and her presence will surely be missed. weapons. The funding would be used to de- co-chair of the Capital Fraternal Caucus, f velop antidotes against staphylococcus-based Stephanie Tubbs Jones. Stephanie and I bio-weapons. Previous work has resulted in shared a passion to help ensure a secure fu- PAYING TRIBUTE TO BETHANY the discovery of potent lead drugs that, with ture for fraternities and sororities on campuses JENEA PUPELLO SMITH supplemental funding, will advance to pre- all across the country. Together, we worked to clinical studies required as part of a package form and mature the Capital Fraternal Caucus HON. JON C. PORTER required to file an Investigational New Drug to be an organization to celebrate Greek Life IN THE HOUSE OF REPRESENTATIVES (IND) application for proof-of-concept in both as an undergraduate and throughout Friday, September 26, 2008 human trials. post-collegiate years. Mr. PORTER. Madam Speaker, it is my dis- Stephanie dedicated her life to ensuring that Army: Global Seating Systems LLC, 150 tinct pleasure to rise today to honor Bethany every young person had the opportunity for a Gordon Drive, Exton, Pennsylvania—$3 million Jenea Pupello Smith, by entering her name in college education. As a member of the Delta for the Next Generation Protective Seat. The the CONGRESSIONAL RECORD, the official Sigma Theta Sorority, Stephanie understood funding would be used to continue improving record of the proceedings and debates of the first-hand the life-long friendships that frater- military seating systems to protect U.S. troops United States Congress since 1873. Today, I nities and sororities foster in young people on the battlefield. Focus would be on improv- pay tribute to the life and memory of Bethany during their undergraduate years. It was these ing mine blast/IED blast mitigation technology, Jenea Pupello Smith who passed away on friendships which fostered mutual respect and occupant crash protection, weight reduction, Saturday, September 20, 2008. collaboration of ideas. I am so honored to platform integration, troop seat development, Bethany was raised in Boulder City, Nevada have shared this friendship with Stephanie gunner seat development and improved fire and was a bright and compassionate young and to have enjoyed our bonds of Greek Life protection. girl. She was a senior at Boulder City High as co-chairs of the Capital Fraternal Caucus. School and was a gifted student and athlete. Thomas Jefferson University Hospital, 925 As the first African-American Chairman of At Boulder City High School, Bethany excelled Chestnut Street, Philadelphia, Pennsylvania— the Capital Fraternal Caucus, Stephanie used and had a 3.5 GPA and was in line to receive $1.6 million for the Center of Cardiac Surgery her position to champion the Greek cause and an Advanced Diploma and Millennium Schol- Robotic Computerized Telemanipulation as quickly became a favorite member of interns arship. Bethany was also a gifted writer, part of a comprehensive approach to ad- working on Capital Hill who are affiliated with whose dream was to become a journalist and vanced heart care. The funding would be used Greek organizations. While always lending a whose other interests included business, ad- to add a new Program for Advanced Heart helping hand to students in Washington, vertising and marketing. Care at Thomas Jefferson University Hospital. Stephanie never forgot about the hundreds of Bethany also had a number of extra-cur- The center would concentrate on use of robot- thousands of students on every college cam- ricular activities. She participated in Girl ics in open-heart procedures through the im- pus. Through her dedicated work, she helped Scouts as well as figure skating and gym- plementation of a DaVinci Robot System, and to pass the College Housing and Infrastructure nastics. Bethany was active in the Distributive improvements in patient care, length of hos- Act. This leadership was recognized by the Education Clubs of America (DECA) as well pital stay and overall cost. North-American Interfraternity Conference who as the Future Business Leaders of America presented her with the NIC’s Silver Medal. Rajant Corporation, 400 East King Street, (FBLA). She was also a founding member of This is one of the Conference’s highest honors Malvern, Pennsylvania—$4 million for Portable the Young Women’s Republican Club of Boul- which recognizes significant leadership for Emergency Broadband System. The funding der City and a proud American. would be used on developing the second gen- causes that advance the highest ideals of fra- Madam Speaker, I am proud to honor Beth- eration system with an effort to quadruple the ternalism. any Jenea Pupello Smith. Her exemplary aca- In honor of her dedication and enthusiastic data communications capabilities of the cur- demic record and commitment to her commu- work, the North-American Interfraternity Con- rent system, add options for military and pub- nity and country are inspiring. My thoughts ference is naming a summer program for lic-service radio frequencies, and transparently and prayers are with her and her family, but young people in Washington DC after her. The bridge to existing public, private and govern- I commend them on raising an impressive ‘‘Stephanie Tubbs Jones Memorial Legislative ment communication systems. young woman who chose to dedicate herself Fellowship’’ will afford outstanding student to making our community a better place. Air Force: Johnson—Matthey Fuel Cells, leaders from fraternity and sorority chapters Inc., 435 Devon Park Drive, Wayne, Pennsyl- throughout the country to work with legislative f vania—$1 million for Affordable Lightweight leaders on Capitol Hill to help preserve the THOMASVILLE FIRE DEPARTMENT Power Supply Development. The funding rich undergraduate traditions represented by CELEBRATES 100 YEARS OF would be used to complete the development the communities on campuses across the Na- SERVICE and testing of a lyotropic LCP micro-composite tion. I look forward to meeting the next gen- fuel cell membrane. This would allow the Air eration of leaders which Stephanie’s legacy Force to have a membrane electrode assem- HON. HOWARD COBLE will bring to Washington. OF NORTH CAROLINA bly for its fuel cells that will operate at tem- A wonderful example of the type of person IN THE HOUSE OF REPRESENTATIVES peratures up to 120 C. our public school system produces, Stephanie Analytical Graphics Inc., Valley Creek Cor- went on to attend Case Western Reserve Uni- Friday, September 26, 2008 porate Center, Building 220, Suite 100, Exton, versity in Cleveland, Ohio. Following her grad- Mr. COBLE. Madam Speaker, on behalf of Pennsylvania—$2.8 million for COTS Tech- uation from college she began her career in the citizens of the Sixth District of North Caro- nology for Situational Space Awareness. The public service by earning a degree in Social lina, we wish to recognize and commend the funding would be used to develop responses Work. This passion for helping others led her Thomasville Fire Department as it prepares for to threats to our space-based assets—these to pursue a law degree from Case Western its 100th anniversary, which is to be cele- include Anti-Satellite (ASAT) weapons and the Reserve School of Law in 1974. Ultimately, brated on October 4, 2008. This celebration risks to U.S. satellites from space debris as a Stephanie was elected to the U.S. House of will honor every firefighter, current and retired, result of ASAT deployments. Representatives in 1998 and served the 11th who has served at the department.

VerDate Mar 15 2010 10:12 Apr 05, 2011 Jkt 069102 PO 00000 Frm 00042 Fmt 0689 Sfmt 9920 E:\BR08\E27SE8.001 E27SE8 jdjones on DSK8KYBLC1PROD with BOUND RECORD 22898 EXTENSIONS OF REMARKS, Vol. 154, Pt. 16 September 27, 2008 Among those being honored include the old- Main Street, the first department was officially educating the people throughout the commu- est retiree, Ronald Rayman Meyers, who organized in 1908, naming C.C. Hooks as the nity. worked from August 5, 1967, to December 31, first Fire Chief. The first permanent station It is quite an achievement to render 100 2005, and the youngest firefighter, Bradley was established in 1922 on East Guilford Crafford, who joined in May of 2008. The Oc- Street. years of service in any endeavor, and for the tober 4 celebration will be a commencement Today there are a total of four stations Thomasville Fire Department to do it while to Fire Prevention Week from October 5–11, (Pilot, Hasty, Thomasville, and Fairgrove), two protecting and serving its community is all the 2008. engine companies, two ladder companies, and more impressive. Again, on behalf of the citi- Established after a damaging fire in 1890 one squad unit, and a workforce of 61 employ- zens of the Sixth District, we are proud to rec- that wiped out nearly every business on East ees who remain committed to protecting and ognize this great accomplishment.

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