E PL UR UM IB N U U S Congressional Record th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, SECOND SESSION

Vol. 154 WASHINGTON, THURSDAY, OCTOBER 2, 2008 No. 160 House of Representatives The House met at noon and was PLEDGE OF ALLEGIANCE COMMUNICATION FROM THE called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the CLERK OF THE HOUSE pore (Mr. SERRANO). gentlewoman from Ohio (Ms. KAPTUR) The SPEAKER pro tempore laid be- f come forward and lead the House in the fore the House the following commu- Pledge of Allegiance. nication from the Clerk of the House of DESIGNATION OF THE SPEAKER Ms. KAPTUR led the Pledge of Alle- Representatives: PRO TEMPORE giance as follows: OFFICE OF THE CLERK, The SPEAKER pro tempore laid be- I pledge allegiance to the Flag of the HOUSE OF REPRESENTATIVES, fore the House the following commu- United States of America, and to the Repub- Washington, DC, October 1, 2008. nication from the Speaker: lic for which it stands, one nation under God, Hon. NANCY PELOSI, indivisible, with liberty and justice for all. The Speaker, The Capitol, WASHINGTON, DC, October 2, 2008. House of Representatives, Washington, DC. I hereby appoint the Honorable JOSE´ E. f SERRANO to act as Speaker pro tempore on DEAR MADAM SPEAKER: Pursuant to the permission granted in Clause 2(h) of Rule II this day. COMMUNICATION FROM THE NANCY PELOSI, of the Rules of the U.S. House of Representa- Speaker of the House of Representatives. CLERK OF THE HOUSE tives, the Clerk received the following mes- The SPEAKER pro tempore laid be- sage from the Secretary of the Senate on Oc- f fore the House the following commu- tober 1, 2008, at 9:34 a.m.: PRAYER nication from the Clerk of the House of That the Senate passed without amend- Representatives: ment H.R. 1594. Rev. Dr. Barry C. Black, Chaplain, That the Senate passed without amend- , offered the fol- OFFICE OF THE CLERK, ment H.R. 1714. lowing prayer: HOUSE OF REPRESENTATIVES, Washington, DC, September 30, 2008. That the Senate passed without amend- ment H.R. 4544. Almighty God, guide our lawmakers Hon. NANCY PELOSI, through this day with Your higher wis- The Speaker, The Capitol, That the Senate passed without amend- dom. May faith replace fear, truth House of Representatives, ment H.R. 6045. arise over falsehood, justice triumph Washington, DC. That the Senate passed without amend- over greed, love prevail over hate, and DEAR MADAM SPEAKER: Pursuant to the ment H.R. 6073. peace conquer strife. permission granted in Clause 2(h) of Rule II That the Senate passed without amend- Guide us, O God of power and of the Rules of the U.S. House of Representa- ment H.R. 6083. strength. We are weak, but You are tives, the Clerk received the following mes- That the Senate passed without amend- sage from the Secretary of the Senate on ment H.R. 6353. mighty. Lead us with Your powerful September 30, 2008, at 2:00 p.m.: That the Senate passed without amend- hand. That the Senate passed without amend- ment H.R. 6524. Strong Deliverer, intervene in these ment H.R. 3511. crisis circumstances and give us Your That the Senate passed without amend- That the Senate passed without amend- peace. Make the Members of this body ment H.R. 6199. ment H.R. 6531. part of Your answer for the problems of That the Senate passed without amend- That the Senate passed without amend- our time. Show them what You want ment H.R. 6229. ment H.R. 7084. them to do, and may they leave the re- That the Senate passed without amend- That the Senate concurs in the House sults to You. You are Lord and Savior. ment H.R. 6338. amendments S. 431. Amen. That the Senate passed without amend- That the Senate concurs in the House ment H.R. 6681. amendments S. 1492. f That the Senate passed without amend- That the Senate passed S. 3197. ment H.R. 6847. That the Senate passed S. 3658. THE JOURNAL That the Senate passed without amend- ment H.R. 6874. Appointments: The SPEAKER pro tempore. The Advisory Committee on Student Financial Chair has examined the Journal of the That the Senate agreed to without amend- ment H. Con. Res. 416. Assistance. last day’s proceedings and announces With best wishes, I am With best wishes, I am to the House his approval thereof. Sincerely, Sincerely, Pursuant to clause 1, rule I, the Jour- LORRAINE C. MILLER, LORRAINE C. MILLER, nal stands approved. Clerk of the House. Clerk of the House.

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.

H10645

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VerDate Aug 31 2005 04:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.000 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10646 CONGRESSIONAL RECORD — HOUSE October 2, 2008 COMMUNICATION FROM THE Veterans Affairs to veterans with post- minute and to revise and extend her re- CLERK OF THE HOUSE traumatic stress disorder and sub- marks.) The SPEAKER pro tempore laid be- stance use disorders, and for other pur- Ms. FOXX. Mr. Speaker, today I want fore the House the following commu- poses; to highlight some good news from the nication from the Clerk of the House of S. 2840, to establish a liaison with the Fifth District of North Carolina. Federal Bureau of Investigation in Representatives: Last month, the State of North Caro- United States Citizenship and Immi- OFFICE OF THE CLERK, lina recognized Elkin City Schools in gration Services to expedite natu- HOUSE OF REPRESENTATIVES, Elkin, North Carolina for having the ralization applications filed by mem- Washington, DC, October 2, 2008. best graduation rate in the entire bers of the Armed Forces and to estab- Hon. NANCY PELOSI, State. The Speaker, the Capitol, House of Representa- lish a deadline for processing such ap- tives, Washington, DC. plications; By graduating nine out of ten seniors DEAR MADAM SPEAKER: Pursuant to the S. 2982, to amend the Runaway and this past school year, Elkin City permission granted in Clause 2(h) of Rule II Homeless Youth Act to authorize ap- Schools is blazing a trail of high aca- of the Rules of the U.S. House of Representa- propriations, and for other purposes; demic standards in Northwest North tives, the Clerk received the following mes- Carolina. sage from the Secretary of the Senate on Oc- S. 3597, to provide that funds allo- tober 2, 2008, at 9:45 a.m.: cated for community food projects for Elkin’s efforts to make sure its stu- That the Senate passed with amendment fiscal year 2008 shall remain available dents cross the finish line will pay real H.R. 1424. until September 30, 2009; dividends for the Elkin community in That the Senate agreed to the House and by Speaker pro tempore HOYER the future. An outstanding high school amendment to the Senate amendment H.R. on Wednesday, October 1, 2008: graduation rate not only has a stabi- 2095. S. 3023, to amend title 38, United lizing effect on the social fabric of the That the Senate passed without amend- States Code, to improve and enhance ment H.R. 7081. community, but it also lays a founda- That the Senate passed without amend- compensation and pension, housing, tion for young adults ready to take ment H.R. 7177. labor and education, and insurance their place as community leaders and That the Senate passed without amend- benefits for veterans, and for other pur- productive members of society. ment H.R. 7198. poses. Congratulations to Elkin City That the Senate passed S. 602. f Schools, its many graduates, their par- That the Senate passed S. 1703. That the Senate passed S. 3013. ANNOUNCEMENT BY THE SPEAKER ents, faculty, and staff. You have set That the Senate passed S. 3073. PRO TEMPORE the standard for excellence. That the Senate agreed to S. Con. Res. 105. The SPEAKER pro tempore. The Appointments: f Commission on the Abolition of the Trans- Chair will entertain up to 10 requests atlantic Slave Trade. for 1-minute speeches on each side of With best wishes, I am, the aisle. b 1215 Sincerely, f LORRAINE C. MILLER, RESTORING CONFIDENCE Clerk of the House. PRIVATE FIRST CLASS CHRISTOPHER T. FOX f (Mr. FARR asked and was given per- (Mr. COHEN asked and was given per- mission to address the House for 1 ANNOUNCEMENT BY THE SPEAKER mission to address the House for 1 minute.) PRO TEMPORE minute.) Mr. FARR. Mr. Speaker, I rise to The SPEAKER pro tempore. Pursu- Mr. COHEN. Mr. Speaker, as we are share the anger expressed by my con- ant to clause 4 of rule I, the following involved in this crisis with the econ- stituents and constituents of many enrolled bills were signed by the omy, the world goes on. And part of the Members of Congress—anger over the Speaker on Monday, September 29, world is the war in Iraq. financial mess that we are in, anger at 2008: Unfortunately, when I returned home Wall Street for the greed that got us H.R. 1157, to amend the Public Health to Memphis, I learned that one of our there, and anger at the White House for Service Act to authorize the Director citizens, Private First Class Chris- the arrogance in asking Congress to of the National Institute of Environ- topher T. Fox, United States Army, be- authorize $700 billion without any con- mental Health Sciences to make grants came the 4,178th casualty in the Iraq ditions. for the development and operation of war. He was the ninth casualty from However, the public should not be research centers regarding environ- my District; a 21-year-old gentleman angry that the Congress has tried to re- mental factors that may be related to who went to Hamilton High School, spond, not to the President’s request the etiology of breast cancer; whose stepfather lives in Memphis, Mr. but to the public’s need for checks and H.R. 1777, to amend the Improving Randall Hancock, and whose guardian balances. We wrote an entirely new America’s Schools Act of 1994 to make is in Knoxville, Tennessee. bill, the contents of which are on every permanent the favorable treatment of Private First Class Fox served this Member’s Web site. It provides relief need-based educational aid under the country admirably. He had a great love with checks and balances, oversight for antitrust laws; for the Army. He was due to get out in taxpayer safeguards, and addresses ob- H.R. 5057, to reauthorize the Debbie July, and looking forward to going to scene salaries and abusive golden para- Smith DNA Backlog Grant Program, UT Knoxville in the fall. He played chutes. It is not a perfect bill, but it is and for other purposes; football at Hamilton High School. He a responsible bill. H.R. 5571, to extend for 5 years the loved his country. program relating to waiver of the for- The people of the Ninth District, the The best thing that came out of the eign country residence requirement people of Shelby County, the people of last 10 days is that the institutions of with respect to international medical Tennessee, and all of us in America ap- government became responsible for graduates, and for other purposes; preciate his sacrifice and his service governing the affairs of this Nation in H.R. 6460, to amend the Federal and join his family in grieving his loss. a bipartisan manner. Now let’s hope Water Pollution Control Act to provide Thank you for your good deeds on that this House will follow the leader- for the remediation of sediment con- Earth, Private First Class Fox. ship of the Senate last night in passing a responsible recovery plan. tamination in areas of concern, and for f other purposes; In the end, it is the institutions of H.R. 6946, to make a technical correc- ELKIN CITY SCHOOLS HONORED government that have to regain con- tion in the NET 911 Improvement Act FOR NORTH CAROLINA’S HIGH- fidence. Let’s hope that this November of 2008; EST GRADUATION RATE election will elect leadership that can S. 2162, to improve the treatment and (Ms. FOXX asked and was given per- restore that confidence to the Nation services provided by the Department of mission to address the House for 1 and the world.

VerDate Aug 31 2005 01:21 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.004 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10647 DOING NOTHING IS money, borrow it to invest in Amer- Let’s use the right medicine, not a UNACCEPTABLE ica’s Main Street, not Wall Street. Band-aid through which a hemorrhage (Mr. WILSON of South Carolina f will soon break as our deficit explodes asked and was given permission to ad- even more and the value of the dollar ANNOUNCEMENT BY THE SPEAKER dress the House for 1 minute and to re- declines further. Let’s have the wisdom PRO TEMPORE and courage to do what’s right. vise and extend his remarks.) Mr. WILSON of South Carolina. Mr. The SPEAKER pro tempore. Mem- f Speaker, the economic recovery bill we bers should heed the gavel. AMERICAN JOBS AND ECONOMY have before us does not include every f AT RISK free market idea I believe would im- (Mr. CAMPBELL of asked prove it. But when the retirement sav- DON’T BREAK THE AMERICAN TAXPAYER and was given permission to address ings of hardworking Americans are the House for 1 minute and to revise threatened, when businesses start to (Mr. POE asked and was given per- and extend his remarks.) fail, jobs begin to dry up, or jobs of mission to address the House for 1 Mr. CAMPBELL of California. Mr. American taxpayers are in danger, it is minute.) Speaker, on Monday afternoon after clear that the price of doing nothing Mr. POE. Mr. Speaker, the bill to bail this House rejected and defeated the far exceeds the price of what we are out the elite financial industry in New economic recovery bill, Americans lost considering. York that caused this mess failed this over $1 trillion in the stock market. Small businesses and families are the House, but our Senate colleagues are They lost over $1 trillion in their sav- heart of this bill. They did not cook sending us a new bill, four times longer ings and in their investment and in the books or make bad financial deci- than the 100-page bill rejected by us. their retirement accounts. If we do not sions. They had faith in the free mar- The bill to stabilize the financial in- act, that will be just the beginning. ket and worked hard for their success. dustry is now packed with squeaky Why, they would have been better off if This bill is an imperfect option in a pork. One would ask, what does pork we had taken the $700 billion in that tragic situation, but it protects jobs have to do with the financial industry? bill and thrown it in the Potomac. But and taxpayers. It provides trans- Well, nothing of course. But the Senate that is not what this bill will do. parency and oversight to the actions of bill with the piglets will help these en- This bill takes that $700 billion and the Treasury. It provides free market tities: new tax earmarks for film and buys assets which have three different alternatives to spending tax dollars, TV production; litigants in the Exxon backstops to make sure that the tax- like insurance, loans, and an increase Valdez incident; wooden arrows used by payers not only get all of their money in the FDIC cap. And it helps keep tax- school children. back, but could perhaps actually make payers from paying an even higher There are more tax earmarks: auto a profit. price for the misdeeds of Wall Street. racing tracks; Indian tribes; wool re- Mr. Speaker, American jobs are at In conclusion, God bless our troops, search; and get this one, Virgin Islands risk, the economy is at risk, their re- tirements are at risk. We must act. I and we will never forget September the and Puerto Rican rum. I am not mak- hope we follow the Senate’s lead to- 11th. ing this up. There are more breaks for morrow and pass this bill. f the railroads and the mining industry. None of these solve our banking and fi- f BAD BETS MADE BY WALL nancial crisis. Why are they in this ECONOMY STRUGGLING STREET bill? (Mr. PERLMUTTER asked and was (Mr. DEFAZIO asked and was given The House needs to deal with this fi- given permission to address the House permission to address the House for 1 nancial situation to make sure that for 1 minute.) minute.) those responsible are held accountable Mr. PERLMUTTER. Mr. Speaker, Mr. DEFAZIO. The legislation the and that the American taxpayers third-quarter data released yesterday House will take up tomorrow that was aren’t forced to go broke paying for highlighted the decrease in home val- jammed through the Senate last night this financial rescue. ues in 24 out of 25 metropolitan areas, will do nothing for the weakening fun- And that’s just the way it is. and jobless claims rose to a 7-year damentals in the United States. It isn’t f high. Our economy is struggling, and going to help with declining housing people across America are having trou- prices, foreclosures, job loss, income RIGHT DEAL, NOT FAST DEAL ble selling their homes and buying in- disparity, or lack of health care. None (Ms. KAPTUR asked and was given ventory for their businesses. of those things will be addressed. It permission to address the House for 1 While no one likes the situation we doesn’t address the crumbling infra- minute.) are in, we must do what we can to help structure. It is not aimed at the real Ms. KAPTUR. Mr. Speaker, as the America and its families. So I support economy. It is aimed at the fraud, the House approaches a vote on the Sen- the financial legislation which has speculative activity and the bad bets ate’s Wall Street bailout bill, I urge been proposed and is coming to us from made by Wall Street executives. caution to my colleagues. We need reg- the Senate. I encourage the Treasury to work Now they purport this is necessary to ular order, not panic. We want the through the Small Business Adminis- free up credit, and some are going to right deal, not a fast deal. There is a tration, the Farm Credit Administra- say I am voting for the bill because it better way to address the credit crunch tion, and the Federal Home Loan Bank lifts the FDIC limit. The administra- facing our banks than taxpayers print- Board so credit flows to people living tion can do that without spending $700 ing money for Wall Street’s bad ac- in Colorado and across the country. billion. They are going to say I’m doing tions. We must use the FDIC as we did This is one of the most important it because it changed the mark-to-mar- in the 1980s to resolve thousands of pieces of economic legislation we have ket rules. Those two things are critical problem institutions. In those days, we had in decades. And, clearly, the fluc- to my banks at home in Oregon, but had over $100 billion worth of resolu- tuations in the markets over the past you can do that without spending $700 tions that cost but $1.8 billion to the few days and the credit crisis we face billion with a stroke of the pen. insurance fund, not the taxpayer. must demonstrate we cannot give up It leaves out one other critical meas- We need to have the Securities and on a solution. I believe this is a plan ure, the certificate’s net worth that it Exchange Commission work with our that will help stabilize the market and would use for the savings and loan. banks on how they account for the real protects taxpayers, and I support it. That would take legislation, and that estate on their books not with arbi- f is not in here. trary indexes and measures, but rather We are going to spend $700 billion to to true value. That would unlock bil- FREE MARKET, NOT SPREE solve a problem that could perhaps be lions of dollars, $500 billion in the sys- MARKET resolved for no cost to the American tem today, and would ease interbank (Mr. KUCINICH asked and was given taxpayer. If we are going to borrow lending. permission to address the House for 1

VerDate Aug 31 2005 01:21 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.006 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10648 CONGRESSIONAL RECORD — HOUSE October 2, 2008 minute and to revise and extend his re- ANNOUNCEMENT BY THE SPEAKER pro tempore of the Senate, a study of the use marks.) PRO TEMPORE and the effects of the provisions of law Mr. KUCINICH. If someone sticks up amended (and as amended) by this Act. Such The SPEAKER pro tempore. Pursu- study shall address, at a minimum— a bank, they get a jail sentence. Wall ant to clause 8 of rule XX, the Chair (1) whether and to what degree members of Street sticks up the Nation, they get a will postpone further proceedings reserve components of the Armed Forces and $700 billion bailout. The free market today on motions to suspend the rules members of the National Guard avail them- doesn’t mean Wall Street should be on which a recorded vote or the yeas selves of the benefits of such provisions, free to steal from the American tax- and nays are ordered, or on which the (2) whether and to what degree such mem- bers are debtors in cases under title 11 of the payer. It’s a free market, not a spree vote is objected to under clause 6 of market. United States Code that are substantially re- rule XX. lated to service that qualifies such members The American values of fairness, fru- Record votes on postponed questions for the benefits of such provisions, gality, and faith are being sacrificed to will be taken later. (3) whether and to what degree such mem- greed. The Senate took a dreadful bill bers are debtors in cases under such title f that failed on the House floor and made that are materially related to such service, no substantive changes to help home- NATIONAL GUARD AND RESERV- and owners and to enact substantive regu- ISTS DEBT RELIEF ACT OF 2008 (4) the effects that the use by such mem- bers of section 707(b)(2)(D) of such title, as latory protections for investors, and Mr. CONYERS. Mr. Speaker, I move instead attached tax provisions that amended by this Act, has on the bankruptcy to suspend the rules and pass the Sen- system, creditors, and the debt-incurrence have absolutely nothing to do with the ate bill (S. 3197) to amend title 11, practices of such members. underlying financial crisis. United States Code, to exempt for a (b) FACTORS.—For purposes of subsection Among the tax credits are tax credits limited period, from the application of (a)— for banks; we’re borrowing money from (1) a case shall be considered to be substan- the means-test presumption of abuse tially related to the service of a member of banks to give money to banks, and we under chapter 7, qualifying members of take toxic assets in return. The prob- a reserve component of the Armed Forces or reserve components of the Armed a member of the National Guard that quali- lem is people can’t pay for their mort- Forces and members of the National fies such member for the benefits of the pro- gages and their homes are endangered. Guard who, after September 11, 2001, visions of law amended (and as amended) by You have to remember this: if this bill are called to active duty or to perform this Act if more than 33 percent of the aggre- passes, it doesn’t address the under- a homeland defense activity for not gate amount of the debts in such case is in- lying crisis. People can’t pay for their curred as a direct or indirect result of such less than 90 days. service, mortgages. The market may go up The Clerk read the title of the Senate temporarily, but people will still be (2) a case shall be considered to be materi- bill. ally related to the service of a member of a losing their homes, and what will we The text of the Senate bill is as fol- reserve component of the Armed Forces or a have accomplished? Wake up, America. lows: member of the National Guard that qualifies S. 3197 such member for the benefits of such provi- f sions if more than 10 percent of the aggre- Be it enacted by the Senate and House of Rep- gate amount of the debts in such case is in- resentatives of the United States of America in curred as a direct or indirect result of such WHY SHOULD TAXPAYERS GET Congress assembled, THE LEFTOVERS? service, and SECTION 1. SHORT TITLE. (3) the term ‘‘effects’’ means— (Mr. DOGGETT asked and was given This Act may be cited as the ‘‘National (A) with respect to the bankruptcy system permission to address the House for 1 Guard and Reservists Debt Relief Act of and creditors— minute.) 2008’’. (i) the number of cases under title 11 of the Mr. DOGGETT. Mr. Speaker, I com- SEC. 2. AMENDMENTS. United States Code in which members of re- mend Warren Buffet on his confidence Section 707(b)(2)(D) of title 11, United serve components of the Armed Forces and in American business, but his recent States Code, is amended— members of the National Guard avail them- selves of the benefits of such provisions, combined investment in Goldman (1) in clauses (i) and (ii)— (A) by indenting the left margin of such (ii) the aggregate amount of debt in such Sachs and General Electric was not a clauses 2 ems to the right, and cases, charitable donation. He is not pur- (B) by redesignating such clauses as sub- (iii) the aggregate amount of debt of such chasing toxic securities; he is buying clauses (I) and (II), respectively, members discharged in cases under chapter 7 preferred stock. Why should American (2) by striking ‘‘testing, if the debtor is a of such title, taxpayers get anything less? Why does disabled veteran’’ and inserting the fol- (iv) the aggregate amount of debt of such he buy the preferred, and we buy the lowing: members in cases under chapter 7 of such leftovers? ‘‘testing— title as of the time such cases are converted to cases under chapter 13 of such title, I share my neighbors’ concerns about ‘‘(i) if the debtor is a disabled veteran’’, (3) by striking the period at the end and in- (v) the amount of resources expended by the impact of some in Washington hit- the bankruptcy courts and by the bank- ting the panic button on their retire- serting ‘‘; or’’, and (4) by adding at the end the following: ruptcy trustees, stated separately, in cases ment, their home, or their business. ‘‘(ii) with respect to the debtor, while the under title 11 of the United States Code in But when markets are poisoned, you debtor is— which such members avail themselves of the demand the best antidote—Not yield to ‘‘(I) on, and during the 540-day period be- benefits of such provisions, and another of President Bush’s take-it-or- ginning immediately after the debtor is re- (vi) whether and to what extent there is leave-it demands. leased from, a period of active duty (as de- any indicia of abuse or potential abuse of fined in section 101(d)(1) of title 10) of not such provisions, and (B) with respect to debt-incurrence prac- f less than 90 days; or ‘‘(II) performing, and during the 540-day pe- tices— (i) any increase in the average levels of AUTHORIZING THE SPEAKER TO riod beginning immediately after the debtor is no longer performing, a homeland defense debt incurred by such members before, dur- ENTERTAIN MOTIONS TO SUS- activity (as defined in section 901(1) of title ing, or after such service, PEND THE RULES ON TODAY 32) performed for a period of not less than 90 (ii) any indicia of changes in debt-incur- days; rence practices adopted by such members in Ms. ZOE LOFGREN of California. Mr. anticipation of benefitting from such provi- Speaker, I ask unanimous consent that if after September 11, 2001, the debtor while sions in any potential case under such title; the Speaker be authorized to entertain a member of a reserve component of the and motions to suspend the rules on the Armed Forces or a member of the National (iii) any indicia of abuse or potential abuse legislative day of Thursday, October 2, Guard, was called to such active duty or per- of such provisions reflected in the debt-in- formed such homeland defense activity.’’. 2008, relating to the following meas- currence of such members. ures: S. 3197; S. 3641; and H.R. 7221. SEC. 3. GAO STUDY. SEC. 4. EFFECTIVE DATE; APPLICATION OF (a) COMPTROLLER GENERAL STUDY.—Not The SPEAKER pro tempore. Is there AMENDMENTS. later than 2 years after the effective date of (a) EFFECTIVE DATE.—Except as provided in objection to the request of the gentle- this Act, the Comptroller General shall com- subsection (b), this Act and the amendments woman from California? plete and transmit to the Speaker of the made by this Act shall take effect 60 days There was no objection. House of Representatives and the President after the date of enactment of this Act.

VerDate Aug 31 2005 01:21 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.008 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10649 (b) APPLICATION OF AMENDMENTS.—The hard to achieve a workable com- We were here earlier in the week. I amendments made by this Act shall apply promise that would help these willing complimented my colleague from Utah only with respect to cases commenced under warriors. The merger issue for us was saying that it was unlikely we would title 11 of the United States Code in the 3- simple—that the bill respond to bank- be on the floor together again because year period beginning on the effective date of this Act. ruptcies attributable to a Reservist’s he is not returning, but here we are. or Guardsman’s service. The Senate And I would just like to compliment The SPEAKER pro tempore. Pursu- has returned a bill to us that preserves him for the hard work and discussions ant to the rule, the gentleman from the balance that we struck. The Senate that he has put in behind the scenes Michigan (Mr. CONYERS) and the gen- has added one amendment, but it is over the last several weeks to see if tleman from Utah (Mr. CANNON) each technical in nature and was sought by disagreements can be resolved and if will control 20 minutes. the Administrative Office of the United The Chair recognizes the gentleman parties can come together in the inter- States courts. from Michigan. est of the country. I can’t say that we I urge all Members to support the have accomplished that yet, but I GENERAL LEAVE passage of this legislation, and I look think that we have an opportunity, and Mr. CONYERS. Mr. Speaker, I ask forward to the bill’s implementation as I actually am quite optimistic that we unanimous consent that all Members law. I also look forward to the results will be successful in that effort that may have 5 legislative days to revise 2 years from now of the GAO study con- would be very important for our coun- and extend their remarks and include tained in the bill. This study will tell try. extraneous material on S. 3197. us for sure whether Reservists and I see the gentleman standing there. I The SPEAKER pro tempore. Is there Guardsmen are using the relief granted wonder if I could yield to him, if he objection to the request of the gen- by the bill when it is their service that wishes to make a comment. tleman from Michigan? leads to bankruptcy—not other factors. Mr. CANNON. I thank the gentlelady. There was no objection. With this study in hand, when the bill The American people are enraged by Mr. CONYERS. Mr. Speaker, I yield reaches its 3-year sunset, we will know this bailout, or rescue as we’re now myself such time as I may consume. for sure whether it’s being abused in calling it, and I think justifiably so. The consumer bankruptcy overhaul cases lacking the necessary link to And they ought to be enraged that the signed into law 3 years ago adds a service. If it is being abused, we will be real cause here—or the real cause of means test that presumes a debtor is able to address that abuse at the time what I think should be the rage is that abusing the law if he or she has income that reauthorization is considered. this has been done in a way that has that exceeds a modest threshold, and In light of these considerations, I’m been mandated, directed, expected that thereby forces the debtor into a pleased to support passage of the bill. we would respond without much in- multiyear repayment plan. I would also like to thank others who volvement. The rage of the American This bill, S. 3197, excepts qualifying have worked on this bill, in particular National Guard and Reserve members people reminds me of a bull often goes Congressman ROHRABACHER from Cali- after the cape rather than goring the from that presumption of abuse. We fornia. I made, as the chairman of the toreador. And what we need to do here, have the gentlewoman from Subcommittee on Commercial and Ad- I think—I hope the American people (Ms. SCHAKOWSKY) to thank for this. ministrative Law that has oversight of recognize the opportunity to demand a With half a million members of the the Bankruptcy Act, a promise that we National Guard and Reserve called to transparent government. would reconsider this bill that was There was no reason why the admin- Iraq and Afghanistan since 9/11, many done some years ago. Mr. ROHRABACHER istration couldn’t have made its three- serving multiple tours of duty, the fi- has done an amazing job, given leader- page proposal available not as a legis- nancial toll on their families has been ship and determination to bring this lative demand but as an outline of severe. bill to where it is today and, by doing what the discussions should have been. so, has redeemed my promise and his b 1230 There is no reason why we here in Con- and that of many other people. It’s estimated that up to 26 percent I reserve the balance of my time. gress have not done an open rule and of National Guard members deployed Mr. CONYERS. Mr. Speaker, I am had a debate on this. We could easily experience money problems as a direct pleased to recognize the Chair of the have taken this measure, debated it result. And so the measure before us California delegation, ZOE LOFGREN, for openly, amended it, adjusted it, and makes an exception-to-the-means test as much time as she needs. done things that make some sense. presumption of abuse for National Ms. ZOE LOFGREN of California. Now the problem as I see the bail- Guard and Reserve members who serve Thank you, Mr. Chairman. out—and the gentlelady and I have 90 days since September 11, 2001, and Mr. Speaker, I rise in support of this talked about this at some length—is for a year and a half after they leave bill. It is obviously important that we that it pumps liquidity into banks and service. I’m heartened to know that we make sure that any of our armed serv- takes paper. That paper we hope is now have the opportunity to provide icemembers who have suffered a finan- good. We hope it will be more valuable this modest but important relief to cial loss because of their service have than what we have spent on it. these brave men and women in the access to relief through the bankruptcy Ms. ZOE LOFGREN of California. I service. courts. That’s the least we can do to wonder, I did yield, but we have other I also commend Ranking Member assist these fine men and women. speakers. So I wonder if—and we can LAMAR SMITH of Texas who has helped But I rise also to say that there are have this further discussion—but make this a bipartisan endeavor. other things that are not yet before us whether on the mortgage, primary resi- I reserve the balance of my time. in the bankruptcy arena that we, I be- dence mortgage issue, you think there Mr. CANNON. Mr. Speaker, I yield lieve, are gaining some bipartisan sup- is further opportunity to make myself such time as I may consume. port for. progress between Republicans and I’m happy that the House is able to Many of us have expressed concern Democrats, conservatives, and non- complete today the Congress’ consider- that lacking in the recovery package conservatives? ation of this bipartisan legislation. As that we will be voting on tomorrow is Mr. CANNON. I thank the gentlelady. we have stated at every turn, Repub- any provision that deals with the pri- We have plenty of time on my side. If licans strongly support the mission and mary mortgage, mortgage on a pri- the gentlelady would like to yield back appreciate the sacrifice of our dedi- mary residence, that might be one of temporarily, I would be happy to use cated Reservists and Guardsmen. We many tools to deal with the underlying my time to talk about that point. continue to agree that Reservists and crisis that has created this worldwide Ms. ZOE LOFGREN of California. I Guardsmen who are plunged into bank- economic instability. will do so because I don’t want to take ruptcy by the demands of their service I would have preferred that such a advantage of the chairman’s yielding should be given a helping hand under measure be in the recovery package, me unlimited time when there are the Bankruptcy Code. but it is not essential that the measure other speakers. Earlier this session, Judiciary Com- be part of the package. It is possible to But I would just say in the discus- mittee Republicans labored long and move such a measure separately. sions that we have had that have been

VerDate Aug 31 2005 01:21 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.019 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10650 CONGRESSIONAL RECORD — HOUSE October 2, 2008 very honest and very practical—and I the foreclosure crisis that we face when the prices of all the other houses in think totally bipartisan, I would even the government owns the whole mort- America, creating chaos in our market. say nonpartisan—trying to find com- gage, all of the mortgage. But because It’s imperative that the Secretary mon ground in the interest of the securities are being purchased because recognize his authority under, I think, American people in this. I have a sense the credit markets are frozen, we won’t the current language, and make it of optimism that we can do something necessarily own all of the mortgages in clear that he intends to do something important on the mortgage bankruptcy every case. And half of the subprimes not just about the paper because, as issue aside from this recovery package have second and third mortgages that the gentlelady has pointed out, we that is coming. will be able to defeat any effort to re- don’t own all of the fractions of the in- Having said that, I will yield back to negotiate. terests in these mortgages, and there- the chairman of the committee, and So I think that moving a narrowly fore we don’t have the ability, by perhaps Mr. CANNON will use some of crafted, for-subprime-only primary res- pumping money into paper, to solve his time to further explore this. idence mortgage measure either later the underlying problem. You have to Mr. CANNON. I thank the gentlelady, in this Congress or early next might be do that in another way. And certainly and if she wishes to remain, perhaps we something that could avoid the $2.1 where you have a second or a third, can have a colloquy at some point. trillion in mortgages that are set to there is no ability by the Treasury, Let me make a couple of points. We reset and certainly are at risk of de- under the current program, to deal have had a long and intense discussion fault in the next 18 months. with that suction on prices. about what we can do to help solve, not I am just stating here today, I think b 1245 the problem of the banks with their we have an opportunity to accomplish toxic loans which we hope we will buy that working across the aisle and So I am hoping that the Secretary of at a reasonable price in a reverse auc- working across ideological barriers be- the Treasury will today make it clear tion, but what we do on the other side cause really we’re all in the same that he intends to use part of this bail- of this problem, which is homeowners place. We want Americans to be safe out money for which he has I think the who can’t afford the loans that they and secure in their homes. If they are discretion. I think it is important that got on property that was often able to meet their obligations, we he be clear that he has that discretion, misappraised or appraised fraudulently should go the extra mile to allow them that he intends to use the money that and therefore left in a box without to do that. way so we can create a floor not just being able to pay, with mortgages that I just want to say once again how under the banks but also under the are resetting at higher interest rates, much I have appreciated working with prices of our homes. sometimes with higher balances be- you, Congressman CANNON, over these With that, I reserve the balance of cause of the way the mortgages were years. And I said this earlier this week, my time. arranged. but if you look at your voting record, Mr. CONYERS. Mr. Speaker, I yield So how do we help Americans stay in you’ve got one of the most conserv- to the author of this bill, JAN their homes in a reasonable fashion? ative voting records in this Congress, SCHAKOWSKY, who is a sterling member And we’ve talked about bankruptcy as and as I mentioned, I do not. But that of the Energy and Commerce Com- one way to do that. has never prevented us from working mittee, as much time as she may con- Now in the bill that we did not pass together to find solutions for the sume. here in the House recently, the Sec- American people. Ms. SCHAKOWSKY. I thank the gen- retary had wide authority. I’m expect- I really think you’re a remarkable tleman for yielding to me and for his ing that authority to be continued; and legislator, someone whom I respect a support on this legislation. what I would hope is that the Sec- great deal, and I thank you for your I rise to proudly support S. 3197, the retary will not just put $700 billion into service to our country. National Guard and Reservists Debt paper which may or may not be useful, Mr. CANNON. Reclaiming my time, I Relief Act. This legislation is the Sen- but also something like $50 billion or thank the gentlelady. The nice thing ate companion to H.R. 4044, legislation $100 billion into funds that are in- about being clear in your principles is that I authored, along with my friend tended to help people stay in their that it’s possible to negotiate and come and colleague, Congressman DANA homes by creating the opportunity to up with compromises that work. It’s ROHRABACHER, which passed the House buy mortgages at a discount, then re- been a pleasure to work with the unanimously on June 23. S. 3197 was in- negotiate those mortgages with the gentlelady and also the chairman of troduced by my very good friend and people who are in those homes or oth- the full committee who is also here colleague from Illinois, Senator DICK ers, and thereby avoid the downward with us, Mr. CONYERS. It’s not possible DURBIN. spiral of housing costs. to be farther apart on the political Since 9/11, more than 460,000 Reserv- I don’t know that we’re going to be spectrum than I think Mr. CONYERS ists and Guardsmen have been called to able to do much with bankruptcy if and I are, but we have had a very pleas- active duty in Iraq and Afghanistan. this bill that passed the Senate passes ant, and I think profitable, working re- These men and women have left their the House today, I don’t know that lationship on many issues where be- families and their jobs to selflessly we’re going to be able to deal with it. cause of his clear principles, and I hope serve their country, often with little or But I think that we ought to demand my clear principles, we’ve been able to no notice to get their finances in order. as the House that the Secretary recog- reach compromise. Many servicemembers are small busi- nize that this is not just a matter of Going back to what the gentlelady ness owners who have to put their busi- buying paper and saving banks, but it’s was saying, I fervently hope that I will nesses on hold while they serve their rather a matter of keeping a downward not be part of any further negotiations country, and some are forced to sac- spiral on housing prices from con- on bankruptcy. I hope that we solve rifice those businesses altogether. And, tinuing so that Americans can main- this problem today or tomorrow, I sup- of course, some may face losing their tain the value on their homes, can keep pose, and then make the American peo- homes when they return because of their homes, and we can get this eco- ple more safe by us being out of town their financial distress. nomic crisis behind us and perhaps and then letting the next year’s crop of Many servicemembers face unex- even save some money. people come back and deal with the pected extended tours of 15 months or I recognize the gentlelady is standing issue. longer, leaving them with almost no there. I would be happy to yield to her. Let me just reiterate a couple of way to prepare financially. Ms. ZOE LOFGREN of California. things the gentlelady has said. $2.1 tril- S. 3197 would simply allow National Thank you for yielding. lion of subprime and Alt-A loans are in Guard and Reservists to file for bank- I would just note that in fact in the trouble. If we don’t do something about ruptcy without the burden of the rescue package there is a provision re- that, those loans, as they fail—to the means test that assesses their eligi- quiring the Secretary to renegotiate degree that they fail, and many are bility for bankruptcy protection. H.R. loans and that will actually, I think, be likely to fail—are likely to draw down 4044 allows members of the National of tremendous value in dealing with to create a suction that will pull down Guard and Reservists to file for chapter

VerDate Aug 31 2005 01:21 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.013 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10651 7 bankruptcy without the added paper- lative director, Daniel Penchina. And, the bill by unanimous consent on Tues- work burden and obstacles of the again, I thank my colleague, Congress- day, and we are now considering this means test. man ROHRABACHER, who has been a for- bill under suspension, which means it’s This is why: when veterans face the midable and effective partner in mov- pretty well recognized that this has means test, it has a particularly ad- ing this legislation through the House widespread support, and it should have verse impact on them. That is because this year. been voted on and accepted a long time the combat pay of soldiers in Iraq or The SPEAKER pro tempore. The ago. Afghanistan is often higher than their Chair will note that the gentleman S. 3197, introduced by Senator DUR- salaries at home, and they have fewer from Utah has 11 minutes remaining, BIN in the Senate, has bettered the bill expenses overseas, if any. The problem and the gentleman from Michigan has 8 in several ways. Often, it will take sev- is when they return home, these indi- minutes remaining. eral months for a servicemember to viduals return to face lower incomes Mr. CANNON. Mr. Speaker, I noted gain an understanding of his or her fi- and higher expenses, and because the earlier that the gentleman from Cali- nancial situation after returning home. means test factors in a person’s income fornia (Mr. ROHRABACHER) had worked So this bill expands the time of eligi- and expenses for the 6-month period diligently on this bill, and I talked bility to a year and a half after the preceding the bankruptcy filing, a vet- about his intelligence and determina- servicemember has been released from eran’s income is artificially inflated tion and the fact that he has redeemed active duty. and their expenses seem disproportion- his promise and mine by bringing this And because more information is ately low. As a result, they risk failing bill to the floor today. I would like to needed, this bill requires the Comp- the means test and facing chapter 11 or yield as much time to him as he may troller General to study and report to 13. consume. Congress on the number of Reservists This bill is narrowly drafted to apply Mr. ROHRABACHER. Mr. Speaker, I in the Armed Forces and National to servicemembers who have served in rise in strong support of S. 3197. Guard members who will be using this the Armed Forces for more than 90 I am pleased that we are finally exemption and the number of service- days since 9/11 and would grant them about to provide this benefit to our members who are substantially or ma- an exemption from the test for up to a veterans, but I am troubled that it has terially involved in bankruptcy cases year and a half after they return home. taken us so long to do so. On April 14, because of their service. The legislation also requires a GAO re- 2005, the House considered S. 256, the I encourage my colleagues who voted port that will help us quantify the Bankruptcy Abuse Prevention and Con- ‘‘no’’ on the motion to recommit 3 hardships our veterans face when they sumer Protection Act of 2005, which years ago to vote in favor of this legis- return home by tracking how many was a much-needed and very respon- lation today. This bill is not a wedge to apply for bankruptcy protection. sible reform. Then in the minority, my reopen the bankruptcy rules. Rather, it With unemployment at the highest colleague Ms. SCHAKOWSKY introduced is a narrow, targeted change modeled levels in 7 years and the credit crisis a motion to recommit so that the bill after existing exemptions for disabled and recession squeezing the budgets of would allow a targeted exemption from veterans who are America’s heroes. families across the country, we must our stricter means test for those Na- This is targeted at those American he- give these returning heroes any relief tional Guard and Reservists who had roes throughout our country who are we can. Eighteen percent of veterans been called up after 9/11. called up for deployment and are now recently back from tours of duty are At the time of the floor debate, I was returning home. unemployed. Twenty-five percent of told by the Republican floor manager This bill will ensure that America’s those who have been able to find work that the Schakowsky motion was re- heroes throughout our country, who earn less than $22,000 a year. There are dundant, that there was already such have often been called up for deploy- currently 1,500 veterans of the wars in protection for our National Guard and ment, and these deployments have been Iraq and Afghanistan who are home- Reservists under the Servicemembers far longer than they ever initially less. And thousands of veterans return Civil Relief Act. Because of this, I thought they would ever be called up from the war with physical and mental voted against the motion, and it failed for, this bill is intended that they will injuries which make returning to work on a party-line vote, 200 yeas to 229 not pay a high personal cost for their difficult or impossible. We should all be nays. absence and their willingness to step outraged at those statistics. I soon found out, however, that I and forward and defend our country. Simply put, the men and women who other Republican Members had been As my colleague, Ms. SCHAKOWSKY, have risked their lives to protect us de- misinformed, apparently to prevent the put it, these servicemembers have put serve protection from us in return. then-minority from having any legisla- their lives and livelihood on the line These selfless individuals should not tive success. When I found out there for us, and we owe them a great debt. face harsh bankruptcy procedure if was no adequate protection for our re- This is one way that we can show our they are in financial distress when turning Reservists and Guardsmen, I deep appreciation for the service that they return home. When the changes to pledged to work with my colleague, Ms. these people have given to us, pro- the bankruptcy law were made in 2005, SCHAKOWSKY, to make it right. tecting our families and the service Congress exempted disabled veterans Subsequently, I introduced legisla- they’ve provided our country. from the means test. It is time to in- tion to amend the bankruptcy law. Now is the time for us to repay that clude the Guard and Reserves as well. This measure, of course, isn’t costing debt in a very bipartisan way, which The legislation that we’re consid- any—well, maybe it costs a few, but should have been in play on this floor ering once again today is virtually probably not any Federal dollars—new in this House all along; and when it identical to the one we passed unani- Federal dollars. There is no big spend- wasn’t 3 years ago, Ms. SCHAKOWSKY mously, with minor, five-word, tech- ing involved in this. There is no mas- and I have finally made up for that bit nical, clarifying corrections added dur- sive appropriation needed. All it is is a of partisanship at the expense of our ing consideration in the Senate Judici- consideration for these people who homecoming heroes that happened over ary Committee; and like H.R. 4044, the have risked their lives for us and are 3 years ago. bill passed the Senate with unanimous coming home. But my party couldn’t So, today, I ask my colleagues to join support. I urge its support in the House get itself to provide consideration for Ms. SCHAKOWSKY and myself. I thank once again today so we can send it to our homecoming heroes, even though all of those involved who helped us the President for his signature. there wasn’t a major cost involved. along the way, and I ask my colleagues I’d like to thank Chairman CONYERS, Thus my legislation didn’t ever get to to support this measure. again, for working with me to pass this the floor. Mr. CONYERS. Mr. Speaker, how legislation, as well as Subcommittee In the meantime, party control of the much time remains? Chairwoman LINDA SA´ NCHEZ for her House changed, and Ms. SCHAKOWSKY The SPEAKER pro tempore. The gen- commitment to this bill. And I want to and I have been working diligently to tleman from Michigan has 8 minutes thank the staff on both sides of the get this legislation to the floor and get remaining. The gentleman from Utah aisle who helped, particularly my legis- it passed into law. The Senate passed has 51⁄2 minutes remaining.

VerDate Aug 31 2005 01:21 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.015 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10652 CONGRESSIONAL RECORD — HOUSE October 2, 2008 Mr. CONYERS. I yield now 7 minutes Street, goes to the banks, and it gets Mr. CANNON. Recognizing the gen- to the distinguished gentleman from to the people. Not under the bill that tleman’s limited time, we have I think Ohio, a Member not always heard on the Senate is sending over here. more time on our side, and I would be the floor, DENNIS KUCINICH. So, while we want to do everything happy to yield some to Mr. CONYERS if Will the gentleman yield to me brief- we can for our soldiers—and we he would like more. ly? should—we need to understand that Would the gentleman yield for a col- Mr. KUCINICH. I certainly will. looming here is one of the biggest chal- loquy on this issue? Mr. CONYERS. We keep saying that lenges we’ve seen in American history Mr. KUCINICH. I would. the gentleman from Utah is on the to the concept of homeownership: Mr. Speaker, may I inquire as to how floor for the last time, but the last Home is core, home is central, home re- much time I have remaining? time always becomes one more time. lates to everything that we’re all The SPEAKER pro tempore. The gen- I want him specifically remembered about. But home is in jeopardy here in tleman from Ohio has 30 seconds re- for the cooperation and leadership he the United States of America. Millions maining. gave in the committee and on the floor of mortgages are headed towards de- Mr. CANNON. Mr. Speaker, I would in terms of broadband legislation, the fault. Millions of Americans are in dan- yield 2 minutes to the gentleman at credit card interchange consideration, ger of losing their home. And this Wall this point. the very complex issues of immigra- Street bailout, unfortunately, does not The SPEAKER pro tempore. The gen- tion, on literally all of the civil lib- address it. tleman from Ohio is recognized for 21⁄2 erties issues that have come before us, Now, Mr. Speaker, I sent a letter minutes. and Internet gambling. He’s given us over to our Speaker yesterday pointing Mr. KUCINICH. I yield to my friend. his attention and helpfulness. We ap- this out to her, telling her that we Mr. CANNON. The problem we’re fac- preciate it so very, very much, CHRIS. need to create a change that will en- ing, or course, is the urgency of what’s I thank the gentleman for yielding. able the Secretary of the Treasury to going on. And the gentleman has heard Mr. KUCINICH. I thank the gen- focus in on this and to give him the my concern with the failure of the ad- tleman for his generosity with the ability to get a controlling interest in ministration to have this aired trans- time, and thank my colleagues on both these mortgage-backed securities be- parently; but that said, we do have sides of the aisle for their support of S. cause, as has been pointed out by my some urgency. If the Secretary is very 3197, which will help those who served colleagues, we don’t have that right clear in what he says, can we move for- this country save their home and save now. And unless you address that, all ward, as opposed to, say, amending the what they work a lifetime for. this is going to be for naught. You Senate’s bill—which will come over to It is very poignant that we could might see the market go up for a day if us—and then sending it back to the come to this bill at this moment, when the House passes the bill, but you know Senate for further votes. Personally, I we understand the importance of help- what’s going to happen: You’re still don’t think that that is likely to hap- ing those who have served this country going to see millions of Americans los- pen; it’s your leadership that will con- save their homes. ing their homes. trol the Rules Committee. But I sus- pect that we’re not going to get the b 1300 Mr. CANNON. Will the gentleman yield? perfect here with the good, that is, a Because, actually, it does lead to Mr. KUCINICH. Of course I would commitment by the Secretary that is that larger question because we are all yield to my friend. clear and open and patent. in tune now with the fact that millions Mr. CANNON. Thank you. Would that serve to resolve the gen- of Americans—including those who We’re now at a point where we’re tleman’s concerns? serve this country—through no fault of going to be voting very quickly on this Mr. KUCINICH. To my good friend their own are finding their homes at bill. I think you heard the colloquy be- from Utah, the clarity of the Secretary risk, millions of Americans. And unfor- tween the gentlelady from California will not trump the language of the leg- tunately, despite the best efforts of and myself. I’m wondering if the gen- islation. And the language of the legis- people on both sides of the aisle, the tleman can be satisfied if the Secretary lation does not permit him to be able House will have delivered to it a bill takes a position publicly that he is to have an effective role in saving peo- from the Senate that does not directly going to use some of this bailout ple’s homes. It talks about encour- address that question. Because unless money under the discretion that he’s aging, it talks about ‘‘may do,’’ but it this country takes a controlling inter- given in the bill to do what I suggested is not mandatory. And he doesn’t have est, unless the Secretary of the Treas- earlier, which is, to put money into the additional power because there is ury would take a controlling interest funds that would buy mortgages and no mechanism in there to give us a in these mortgage-backed securities so keep people in their homes. Is that the controlling interest so that we can ac- they can negotiate on behalf of the kind of thing that we can do— tually create a fix. homeowners to reduce their exposure Mr. KUCINICH. Taking back my I yield to the gentlelady from Cali- to losing their home, this bill will be time, the bill has language which fornia. for naught. might be discretionary, but we in the Ms. ZOE LOFGREN of California. If I Let’s keep in mind that a central House understand the difference be- may, I think the Secretary has the au- premise of the American Dream is own- tween something that’s discretionary thority to acquire all mortgages. We ing a home. We understand that for our and mandatory. And we also know that fear that he may not. I frankly think if soldiers, and we should do something the way the bill is structured, unless the Secretary—or his successor, start- here. And we also need to understand you have a controlling interest in these ing in January—were to make that a that all over this country there are mortgage pools, there’s no way you can priority, we would solve more of this people who are watching these debates do anything because then you have to problem than if it was just done in the and wondering, are we going to do talk with 20, 30 other interests in order natural course of events. I personally something to help them save their to be able to come to resolution. That’s believe we need another remedy that I home? Because that’s what we ought to not going to happen. pledge to try and move separately from be doing. And the way that we can do So we need to be real about this; and, this package having to do with the it, Mr. Chairman, is that instead of unfortunately, that isn’t always the bankruptcy primary residence mort- taking a strategy that assumes that case in our Congress. And when we get gage issue that we have discussed at the trickle is going to get down from real about it and connect to people’s tremendous length. the top by giving $700 billion to Wall aspirations to save their homes with a Mr. KUCINICH. Reclaiming my time, Street, we instead focus on creating a real solid legislative structure to de- and thanking the gentlelady and the solution for the homeowners and know liver on that, then the American people gentleman, I would say that the legis- that then the money will begin to per- and then our economy can celebrate lation doesn’t fix the problem; that is colate up to the banks and back to the wisdom of the Congress. Right now, the central point. It doesn’t empower Wall Street instead of assuming the that jury is still out. the Secretary to be able to get control- government gives the money to Wall I yield to my friend. ling interest of the mortgage-backed

VerDate Aug 31 2005 01:21 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.017 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10653 securities. And that is the central flaw I thank the gentleman for yielding. tion of homeless, this bill will provide of the policies that we’re pursuing. And Mr. CANNON. Reclaiming my time, critical assistance to families and chil- millions of Americans who are in dan- let me just say the gentlelady is abso- dren neglected by current law. ger of losing their homes are not going lutely accurate in her portrayal of the I urge support of this bill and com- to be helped. problem. Let me just clarify one thing, mend Congresswoman WATERS, Con- I want to conclude by thanking Mr. because a lot of people listening to us gresswoman MOORE, Congressman CANNON for his service to the United today don’t understand what a reset is. DAVIS, Congresswoman BIGGERT, Con- States Congress. You have mortgages that are at a gressman CONYERS and their staffs for The SPEAKER pro tempore. The gen- fixed rate which will then pop up to a their hard work on this legislation. tleman from Utah has 31⁄2 minutes left. market rate in the future. It is that The SPEAKER pro tempore. The The gentleman from Michigan has 1 pop up that is a problem. If you have a question is on the motion offered by minute remaining. mortgagee who is behind in his pay- the gentleman from Michigan (Mr. Mr. CANNON. Mr. KUCINICH, if you ments, he may be able to stay in the CONYERS) that the House suspend the would like to continue, we don’t dis- mortgage when it goes up, but he may rules and pass the Senate bill, S. 3197. agree, and I think by having a further not be able to afford it. If he’s behind, The question was taken. colloquy, I think we actually can come he can’t refinance. He’s stuck in a The SPEAKER pro tempore. In the to an understanding. world where he can’t get out of that opinion of the Chair, two-thirds being As I understand your concern, the mortgage, and the market will drive in the affirmative, the ayes have it. Mr. CANNON. Mr. Speaker, on that I Secretary does not have the ability—or him. And the bank that wants him to it would be difficult for him to buy up demand the yeas and nays. renegotiate can’t do it because of the The yeas and nays were ordered. all the fractionated interests in any fractionated ownership of that mort- The SPEAKER pro tempore. Pursu- given mortgage, and therefore, he is in- gage. ant to clause 8 of rule XX and the capable, in his current position—unless Ms. ZOE LOFGREN of California. If Chair’s prior announcement, further he does something remarkable and the gentleman would yield. proceedings on this motion will be spends more money than we intend him If I may, I’m glad you did that expla- postponed. to spend, he can’t provide relief on in- nation. And for people listening who f dividual mortgages. don’t have a subprime, it’s going to af- What I’m suggesting the Secretary fect them as well. Because if you have NATIONAL CRIME VICTIM LAW has the authority to do is to put money a prime mortgage but every neighbor INSTITUTE REAUTHORIZATION into private funds that can then go to in your entire neighborhood has had Mr. CONYERS. Mr. Speaker, I move the servicing agent of a nonperforming their property values collapse, your to suspend the rules and pass the Sen- loan, where the person is in an anti-de- property value is also going to col- ate bill (S. 3641) to authorize funding ficiency State, or otherwise can walk lapse. So this is everybody. for the National Crime Victim Law In- away from that loan without recourse Mr. CANNON. Reclaiming my time, I stitute to provide support for victims to the bank. At that point, the serv- thank the gentlelady because she has of crime under Crime Victims Legal icing agent has the ability to sell a made exactly the point. What we’re Assistance Programs as a part of the mortgage, or a package of mortgages. trying to do here is avoid the col- Victims of Crime Act of 1984. In that event, what I suggest is that if lapsing values of houses. The Clerk read the title of the Senate the Secretary will pump some signifi- The SPEAKER pro tempore. The bill. cant resources into the private sector time of the gentleman has expired. The text of the Senate bill is as fol- to buy mortgages from servicing Mr. CONYERS. Mr. Speaker, I yield lows: agents, and from banks and others, in a 15 seconds to the gentleman from Ohio. S. 3641 market where we are having deteriora- Mr. KUCINICH. And that’s all I need. Be it enacted by the Senate and House of Rep- tion of prices, that would tend, dra- When you look at the difference in resentatives of the United States of America in matically, to solve the problem. It goes the debate here, hear these words, ‘‘we Congress assembled, a long way toward, I think, the gentle- may save the world ‘‘or ‘‘we shall save SECTION 1. REAUTHORIZATION. man’s concerns. the world’’; ‘‘we may save people’s Section 103(b) of the Justice for All Act of Ms. ZOE LOFGREN of California. If homes’’ or ‘‘we shall save their 2004 (Public Law 108–405; 118 Stat. 2264) is amended in paragraphs (1) through (5) by the gentleman would yield, as we both homes.’’ I want a bill that says ‘‘we striking ‘‘2006, 2007, 2008, and 2009’’ each place know, because we were on the same shall save their homes.’’ And that’s not it appears and inserting ‘‘2010, 2011, 2012, and conference call with one of the fore- what the bill is that we’re being sent 2013’’. most authorities in the United States by the Senate. The SPEAKER pro tempore. Pursu- on this subject, the expectation is, in Mr. CONYERS. Mr. Speaker, I yield ant to the rule, the gentleman from the natural course of events, that the balance of my time to the gen- Michigan (Mr. CONYERS) and the gen- about 20 percent of the acquisition of tleman from Indianapolis, Indiana, Mr. tleman from Utah (Mr. CANNON) each securities would result in owning all of ANDRE CARSON. will control 20 minutes. the rights in order to do a negotiation. The SPEAKER pro tempore. The gen- The Chair recognizes the gentleman So when you look at the entire pack- tleman is recognized for 45 seconds. from Michigan. age, it’s not what we want, but it’s not Mr. CARSON. Mr. Speaker, I come to GENERAL LEAVE nothing either. I mean, if you could ac- the floor today in support to H.R. 7221 Mr. CONYERS. Mr. Speaker, I ask tually renegotiate 20 percent of the in honor of my late grandmother, Con- unanimous consent that all Members reset, it would have a market impact. gresswoman Julia Carson. may have 5 legislative days to revise What you’re suggesting, I think, makes My grandmother was a huge pro- and extend their remarks and include sense. And I think, also, that the bill ponent of increasing homeless assist- extraneous material. that’s coming back would allow the ance to displaced families. Last year, The SPEAKER pro tempore. Is there Secretary to actually do what you have she introduced the Homeless Emer- objection to the request of the gen- suggested because there is that discre- gency and Rapid Transition to Housing tleman from Michigan? tion in the measure. Act. She introduced this bill for chil- There was no objection. If we did what you’ve suggested, if dren and families in need of assistance. Mr. CONYERS. Mr. Speaker, I yield the experts are correct that we will This bill sought to implement more ef- myself such time as I may consume. have 20 percent of all ownership to re- fective strategies for preventing home- I would like to remind our Members negotiate as provided for in the bill, lessness and increasing emergency as- that the measure before us reauthor- we’re still going to need an additional sistance for families in need. izes funding for the National Crime tool which we’re not going to get in This bill before us today reflects a Victims Law Institute, which supports this bill, but to do a narrow carve-out compromise between my grand- critical crime victims’ legal assistance for the subprime markets to be able mother’s legislation and the Senate programs that help crime victims en- to—for judicial intervention for those legislation. While I wish we could have force their legal rights in a number of areas that we cannot get the rights for. gone farther in expanding the defini- vital respects.

VerDate Aug 31 2005 01:21 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.019 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10654 CONGRESSIONAL RECORD — HOUSE October 2, 2008 b 1315 Mr. CONYERS. Mr. Speaker, I yield Sec. 502. Conforming amendments. Many of these programs provide fi- back the balance of my time. Sec. 503. Effective date. nancial assistance directly to crime The SPEAKER pro tempore. The Sec. 504. Regulations. victims. Others help victims receive question is on the motion offered by Sec. 505. Amendment to table of contents. proper notification of case develop- the gentleman from Michigan (Mr. SEC. 2. FINDINGS AND PURPOSES. ments, and still other assistance may CONYERS) that the House suspend the (a) FINDINGS.—The Congress finds that— come in the form of providing staff for rules and pass the Senate bill, S. 3641. (1) a lack of affordable housing and limited victims’ rights organizations and legal The question was taken. scale of housing assistance programs are the The SPEAKER pro tempore. In the primary causes of homelessness; and assistance to victims. Some of these (2) homelessness affects all types of com- victims are elderly, some are poor, and opinion of the Chair, two-thirds being in the affirmative, the ayes have it. munities in the United States, including some are people that just can’t afford rural, urban, and suburban areas. Mr. CANNON. Mr. Speaker, on that I any legal costs at all. (b) PURPOSES.—The purposes of this Act Violent crime victims may be emo- demand the yeas and nays. are— tionally and physically traumatized The yeas and nays were ordered. (1) to consolidate the separate homeless as- and therefore unable to assert their The SPEAKER pro tempore. Pursu- sistance programs carried out under title IV rights effectively, and victims of iden- ant to clause 8 of rule XX and the of the McKinney-Vento Homeless Assistance tity theft may be financially dev- Chair’s prior announcement, further Act (consisting of the supportive housing astated as a result of loss of savings or proceedings on this motion will be program and related innovative programs, postponed. the safe havens program, the section 8 assist- destroyed credit. ance program for single-room occupancy So I am very pleased to bring this f dwellings, and the shelter plus care program) measure to the floor, and I urge sup- HOMELESS EMERGENCY ASSIST- into a single program with specific eligible port for it. ANCE AND RAPID TRANSITION activities; Mr. Speaker, I reserve the balance of TO HOUSING ACT OF 2008 (2) to codify in Federal law the continuum my time. of care planning process as a required and in- Mr. CANNON. Mr. Speaker, I yield Ms. MOORE of Wisconsin. Mr. Speak- tegral local function necessary to generate myself such time as I may consume. er, I move to suspend the rules and the local strategies for ending homelessness; I rise in support of S. 3641, a bill to pass the bill (H.R. 7221) to amend the and authorize funding for the National McKinney-Vento Homeless Assistance (3) to establish a Federal goal of ensuring Crime Victim Law Institute to provide Act to reauthorize the Act, and for that individuals and families who become support for victims of crime under other purposes, as amended. homeless return to permanent housing with- in 30 days. Crime Victims Legal Assistance Pro- The Clerk read the title of the bill. grams as part of the Victims of Crime The text of the bill is as follows: SEC. 3. DEFINITION OF HOMELESSNESS. Act of 1984. H.R. 7221 (a) IN GENERAL.—Section 103 of the McKin- ney-Vento Homeless Assistance Act (42 In 2007, over 1.4 million Americans Be it enacted by the Senate and House of Rep- were victims of violent crime and near- U.S.C. 11302) is amended— resentatives of the United States of America in (1) by redesignating subsections (b) and (c) ly 10 million were victims of property Congress assembled, as subsections (c) and (d); and crime. All too often, many of these vic- SECTION 1. SHORT TITLE AND TABLE OF CON- (2) by striking subsection (a) and inserting tims are not given a voice in criminal TENTS. the following: (a) SHORT TITLE.—This Act may be cited as proceedings. Many crime victim orga- ‘‘(a) IN GENERAL.—For purposes of this Act, nizations around the country such as the ‘‘Homeless Emergency Assistance and the terms ‘homeless’, ‘homeless individual’, Rapid Transition to Housing Act of 2008’’. and ‘homeless person’ means— the National Crime Victim Law Insti- (b) TABLE OF CONTENTS.—The table of con- ‘‘(1) an individual or family who lacks a tute work tirelessly every day to en- tents for this Act is as follows: fixed, regular, and adequate nighttime resi- sure that the interests and needs of Sec. 1. Short title and table of contents. crime victims are represented through- dence; Sec. 2. Findings and purposes. ‘‘(2) an individual or family with a primary out the trial process. Sec. 3. Definition of homelessness. nighttime residence that is a public or pri- The National Crime Victim Law In- Sec. 4. United States Interagency Council on vate place not designed for or ordinarily used stitute, housed at the Lewis and Clark Homelessness. as a regular sleeping accommodation for Law School, was founded in 1997 as a TITLE I—HOUSING ASSISTANCE human beings, including a car, park, aban- resource for crime victims and crime GENERAL PROVISIONS doned building, bus or train station, airport, victim lawyers to further the enforce- Sec. 101. Definitions. or camping ground; ment of crime victims’ rights in crimi- Sec. 102. Community homeless assistance ‘‘(3) an individual or family living in a su- nal and civil proceedings. planning boards. pervised publicly or privately operated shel- The institute is a national network Sec. 103. General provisions. ter designated to provide temporary living Sec. 104. Protection of personally identi- arrangements (including hotels and motels of pro bono legal clinics that represent fying information by victim victims of crime in State, Federal, and paid for by Federal, State, or local govern- service providers. ment programs for low-income individuals or tribal courts as they assert and seek Sec. 105. Authorization of appropriations. by charitable organizations, congregate shel- enforcement of their rights. Since 2004 TITLE II—EMERGENCY SOLUTIONS ters, and transitional housing); the institute has successfully launched GRANTS PROGRAM ‘‘(4) an individual who resided in a shelter and provided ongoing assistance to Sec. 201. Grant assistance. or place not meant for human habitation and these legal clinics. This network of Sec. 202. Eligible activities. who is exiting an institution where he or she clinics has provided legal counsel to Sec. 203. Participation in Homeless Manage- temporarily resided; over 1,000 crime victims in criminal ment Information System. ‘‘(5) an individual or family who— cases, thereby ensuring victims’ rights TITLE III—CONTINUUM OF CARE ‘‘(A) will imminently lose their housing, PROGRAM including housing they own, rent, or live in and voices are honored. without paying rent, are sharing with others, The institute ensures the success of Sec. 301. Continuum of care. Sec. 302. Eligible activities. and rooms in hotels or motels not paid for by the clinics through regular legal re- Federal, State, or local government pro- search and expert consultation on the Sec. 303. High performing communities. Sec. 304. Program requirements. grams for low-income individuals or by char- clinics’ cases and through rigorous Sec. 305. Selection criteria, allocation itable organizations, as evidenced by— training in victim law for each clinic amounts, and funding. ‘‘(i) a court order resulting from an evic- and its partners. Sec. 306. Research. tion action that notifies the individual or S. 3641 ensures that the valuable TITLE IV—RURAL HOUSING STABILITY family that they must leave within 14 days; work of the institute will continue and ASSISTANCE PROGRAM ‘‘(ii) the individual or family having a pri- that crime victims will be given justice mary nighttime residence that is a room in Sec. 401. Rural housing stability assistance. a hotel or motel and where they lack the re- by the courts and made whole again by Sec. 402. GAO study of homelessness and sources necessary to reside there for more their offenders. homeless assistance in rural than 14 days; or I urge my colleagues to support this areas. ‘‘(iii) credible evidence indicating that the legislation. TITLE V—REPEALS AND CONFORMING owner or renter of the housing will not allow Mr. Speaker, I yield back the balance AMENDMENTS the individual or family to stay for more of my time. Sec. 501. Repeals. than 14 days, and any oral statement from an

VerDate Aug 31 2005 01:21 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.024 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10655 individual or family seeking homeless assist- ‘‘(17) The Attorney General of the United spaces when there are no suitable alter- ance that is found to be credible shall be con- States, or the designee of the Attorney Gen- natives, result in the destruction of a home- sidered credible evidence for purposes of this eral. less person’s property without due process, clause; ‘‘(18) The Director of the Office of Manage- or are selectively enforced against homeless ‘‘(B) has no subsequent residence identi- ment and Budget, or the designee of the Di- persons; and fied; and rector. ‘‘(13) not later than the expiration of the 6- ‘‘(C) lacks the resources or support net- ‘‘(19) The Director of the Office of Faith- month period beginning upon completion of works needed to obtain other permanent Based and Community Initiatives, or the the study requested in a letter to the Acting housing; and designee of the Director. Comptroller General from the Chair and ‘‘(20) The Director of USA FreedomCorps, ‘‘(6) unaccompanied youth and homeless ranking member of the House Financial or the designee of the Director.’’; families with children and youth defined as Services Committee and several other mem- (B) in subsection (c), by striking ‘‘annu- homeless under other Federal statutes who— bers regarding various definitions of home- ‘‘(A) have experienced a long-term period ally’’ and inserting ‘‘four times each year, lessness in Federal statutes, convene a meet- without living independently in permanent and the rotation of the positions of Chair- ing of representatives of all Federal agencies housing; person and Vice Chairperson required under and committees of the House of Representa- ‘‘(B) have experienced persistent insta- subsection (b) shall occur at the first meet- bility as measured by frequent moves over ing of each year’’; and tives and the Senate having jurisdiction over such period; and (C) by adding at the end the following: any Federal program to assist homeless indi- ‘‘(C) can be expected to continue in such ‘‘(e) ADMINISTRATION.—The Executive Di- viduals or families, local and State govern- status for an extended period of time because rector of the Council shall report to the ments, academic researchers who specialize of chronic disabilities, chronic physical Chairman of the Council.’’; in homelessness, nonprofit housing and serv- health or mental health conditions, sub- (3) in section 203(a) (42 U.S.C. 11313(a))— ice providers that receive funding under any stance addiction, histories of domestic vio- (A) by redesignating paragraphs (1), (2), (3), Federal program to assist homeless individ- lence or childhood abuse, the presence of a (4), (5), (6), and (7) as paragraphs (2), (3), (4), uals or families, organizations advocating on child or youth with a disability, or multiple (5), (9), (10), and (11), respectively; behalf of such nonprofit providers and home- barriers to employment. (B) by inserting before paragraph (2), as so less persons receiving housing or services ‘‘(b) DOMESTIC VIOLENCE AND OTHER DAN- redesignated by subparagraph (A), the fol- under any such Federal program, and home- GEROUS OR LIFE-THREATENING CONDITIONS.— lowing: less persons receiving housing or services Notwithstanding any other provision of this ‘‘(1) not later than 12 months after the date under any such Federal program, at which section, the Secretary shall consider to be of the enactment of the Homeless Emergency meeting such representatives shall discuss Assistance and Rapid Transition to Housing homeless any individual or family who is all issues relevant to whether the definitions Act of 2008, develop, make available for pub- fleeing, or is attempting to flee, domestic vi- of ‘homeless’ under paragraphs (1) through lic comment, and submit to the President olence, dating violence, sexual assault, (4) of section 103(a) of the McKinney-Vento stalking, or other dangerous or life-threat- and to Congress a National Strategic Plan to End Homelessness, and shall update such Homeless Assistance Act, as amended by sec- ening conditions in the individual’s or fam- tion 3 of the Homeless Emergency Assistance ily’s current housing situation, including plan annually;’’; (C) in paragraph (5), as redesignated by and Rapid Transition to Housing Act of 2008, where the health and safety of children are should be modified by the Congress, includ- jeopardized, and who have no other residence subparagraph (A), by striking ‘‘at least 2, but in no case more than 5’’ and inserting ‘‘not ing whether there is a compelling need for a and lack the resources or support networks uniform definition of homelessness under to obtain other permanent housing.’’. less than 5, but in no case more than 10’’; Federal law, the extent to which the dif- (b) REGULATIONS.—Not later than the expi- (D) by inserting after paragraph (5), as so ration of the 6-month period beginning upon redesignated by subparagraph (A), the fol- ferences in such definitions create barriers the date of the enactment of this Act, the lowing: for individuals to accessing services and to Secretary of Housing and Urban Develop- ‘‘(6) encourage the creation of State Inter- collaboration between agencies, and the rel- ment shall issue regulations that provide agency Councils on Homelessness and the ative availability, and barriers to access by sufficient guidance to recipients of funds formulation of jurisdictional 10-year plans to persons defined as homeless, of mainstream under title IV of the McKinney-Vento Home- end homelessness at State, city, and county programs identified by the Government Ac- less Assistance Act to allow uniform and levels; countability Office in the two reports identi- consistent implementation of the require- ‘‘(7) annually obtain from Federal agencies fied in paragraph (7) of this subsection; and ments of section 103 of such Act, as amended their identification of consumer-oriented en- shall submit transcripts of such meeting, by subsection (a) of this section. This sub- titlement and other resources for which per- and any majority and dissenting rec- section shall take effect on the date of the sons experiencing homelessness may be eligi- ommendations from such meetings, to each enactment of this Act. ble and the agencies’ identification of im- committee of the House of Representatives (c) CLARIFICATION OF EFFECT ON OTHER provements to ensure access; develop mecha- and the Senate having jurisdiction over any LAWS.—This section and the amendments nisms to ensure access by persons experi- Federal program to assist homeless individ- made by this section to section 103 of the encing homelessness to all Federal, State, uals or families not later than the expiration McKinney-Vento Homeless Assistance Act and local programs for which the persons are of the 60-day period beginning upon conclu- (42 U.S.C. 11302) may not be construed to af- eligible, and to verify collaboration among sion of such meeting.’’. fect, alter, limit, annul, or supersede any entities within a community that receive (4) in section 203(b)(1) (42 U.S.C. 11313(b))— other provision of Federal law providing a Federal funding under programs targeted for (A) by striking ‘‘Federal’’ and inserting definition of ‘‘homeless’’, ‘‘homeless indi- persons experiencing homelessness, and ‘‘national’’; other programs for which persons experi- vidual’’, or ‘‘homeless person’’ for purposes (B) by striking ‘‘; and’’ and inserting ‘‘and encing homelessness are eligible, including other than such Act, except to the extent pay for expenses of attendance at meetings mainstream programs identified by the Gov- that such provision refers to such section 103 which are concerned with the functions or or the definition provided in such section 103. ernment Accountability Office in the reports activities for which the appropriation is entitled ‘Homelessness: Coordination and SEC. 4. UNITED STATES INTERAGENCY COUNCIL made;’’; ON HOMELESSNESS. Evaluation of Programs Are Essential’, (5) in section 205(d) (42 U.S.C. 11315(d)), by (a) IN GENERAL.—Title II of the McKinney- issued February 26, 1999, and ‘Homelessness: Vento Homeless Assistance Act (42 U.S.C. Barriers to Using Mainstream Programs’, striking ‘‘property.’’ and inserting ‘‘prop- 11311 et seq.) is amended— issued July 6, 2000; erty, both real and personal, public and pri- (1) in section 201 (42 U.S.C. 11311), by insert- ‘‘(8) conduct research and evaluation re- vate, without fiscal year limitation, for the ing before the period at the end the following lated to its functions as defined in this sec- purpose of aiding or facilitating the work of ‘‘whose mission shall be to coordinate the tion; the Council.’’; and Federal response to homelessness and to cre- ‘‘(9) develop joint Federal agency and other (6) by striking section 208 (42 U.S.C. 11318) ate a national partnership at every level of initiatives to fulfill the goals of the agen- and inserting the following: government and with the private sector to cy;’’; ‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS. reduce and end homelessness in the Nation (E) in paragraph (10), as so redesignated by while maximizing the effectiveness of the subparagraph (A), by striking ‘‘and’’ at the ‘‘There are authorized to be appropriated Federal Government in contributing to the end; to carry out this title $3,000,000 for fiscal end of homelessness’’; (F) in paragraph (11), as so redesignated by year 2009 and such sums as may be necessary (2) in section 202 (42 U.S.C. 11312)— subparagraph (A), by striking the period at for fiscal years 2010. Any amounts appro- (A) in subsection (a)— the end and inserting a semicolon; priated to carry out this title shall remain (i) by redesignating paragraph (16) as para- (G) by adding at the end the following new available until expended.’’. graph (22); and paragraphs: (ii) by inserting after paragraph (15) the ‘‘(12) develop constructive alternatives to (b) EFFECTIVE DATE.—The amendments following: criminalizing homelessness and eliminate made by subsection (a) shall take effect on, ‘‘(16) The Commissioner of Social Security, laws and policies that prohibit sleeping, and shall apply beginning on, the date of the or the designee of the Commissioner. feeding, sitting, resting, or lying in public enactment of this Act.

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TITLE I—HOUSING ASSISTANCE GENERAL ‘‘(C) if the entity is a legal entity and is ‘‘(12) NEW.—The term ‘new’ means, with re- PROVISIONS awarded such grant, receives such grant di- spect to housing, that no assistance has been SEC. 101. DEFINITIONS. rectly from the Secretary. provided under this title for the housing. Subtitle A of title IV of the McKinney- ‘‘(4) COLLABORATIVE APPLICATION.—The ‘‘(13) OPERATING COSTS.—The term ‘oper- Vento Homeless Assistance Act (42 U.S.C. term ‘collaborative application’ means an ating costs’ means expenses incurred by a 11361 et seq.) is amended— application for a grant under subtitle C project sponsor operating transitional hous- (1) by striking the subtitle heading and in- that— ing or permanent housing under this title serting the following: ‘‘(A) satisfies section 422; and with respect to— ‘‘Subtitle A—General Provisions’’; ‘‘(B) is submitted to the Secretary by a ‘‘(A) the administration, maintenance, re- (2) by redesignating sections 401 and 402 (42 collaborative applicant. pair, and security of such housing; U.S.C. 11361, 11362) as sections 403 and 406, re- ‘‘(5) CONSOLIDATED PLAN.—The term ‘Con- ‘‘(B) utilities, fuel, furnishings, and equip- spectively; and solidated Plan’ means a comprehensive hous- ment for such housing; or (3) by inserting before section 403 (as so re- ing affordability strategy and community ‘‘(C) coordination of services as needed to designated by paragraph (2) of this section) development plan required in part 91 of title ensure long-term housing stability. the following new section: 24, Code of Federal Regulations. ‘‘(14) OUTPATIENT HEALTH SERVICES.—The ‘‘SEC. 401. DEFINITIONS. ‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible term ‘outpatient health services’ means out- ‘‘For purposes of this title: entity’ means, with respect to a subtitle, a patient health care services, mental health ‘‘(1) AT RISK OF HOMELESSNESS.—The term public entity, a private entity, or an entity services, and outpatient substance abuse ‘at risk of homelessness’ means, with respect that is a combination of public and private services. to an individual or family, that the indi- entities, that is eligible to directly receive ‘‘(15) PERMANENT HOUSING.—The term ‘per- vidual or family— grant amounts under such subtitle. manent housing’ means community-based ‘‘(A) has income below 30 percent of me- ‘‘(7) FAMILIES WITH CHILDREN AND YOUTH DE- housing without a designated length of stay, dian income for the geographic area; FINED AS HOMELESS UNDER OTHER FEDERAL and includes both permanent supportive ‘‘(B) has insufficient resources imme- STATUTES.—The term ‘families with children housing and permanent housing without sup- diately available to attain housing stability; and youth defined as homeless under other portive services. and Federal statutes’ means any children or ‘‘(16) PERSONALLY IDENTIFYING INFORMA- ‘‘(C)(i) has moved frequently because of youth that are defined as ‘homeless’ under TION.—The term ‘personally identifying in- economic reasons; any Federal statute other than this subtitle, formation’ means individually identifying ‘‘(ii) is living in the home of another be- but are not defined as homeless under sec- information for or about an individual, in- cause of economic hardship; tion 103, and shall also include the parent, cluding information likely to disclose the lo- ‘‘(iii) has been notified that their right to parents, or guardian of such children or cation of a victim of domestic violence, dat- occupy their current housing or living situa- youth under subtitle B of title VII this Act ing violence, sexual assault, or stalking, in- tion will be terminated; (42 U.S.C. 11431 et seq.). cluding— ‘‘(iv) lives in a hotel or motel; ‘‘(8) GEOGRAPHIC AREA.—The term ‘geo- ‘‘(A) a first and last name; ‘‘(v) lives in severely overcrowded housing; graphic area’ means a State, metropolitan ‘‘(B) a home or other physical address; ‘‘(vi) is exiting an institution; or city, urban county, town, village, or other ‘‘(C) contact information (including a post- ‘‘(vii) otherwise lives in housing that has nonentitlement area, or a combination or al, e-mail or Internet protocol address, or characteristics associated with instability consortia of such, in the United States, as telephone or facsimile number); and an increased risk of homelessness. described in section 106 of the Housing and ‘‘(D) a social security number; and Such term includes all families with children Community Development Act of 1974 (42 ‘‘(E) any other information, including date and youth defined as homeless under other U.S.C. 5306). of birth, racial or ethnic background, or reli- Federal statutes. ‘‘(9) HOMELESS INDIVIDUAL WITH A DIS- gious affiliation, that, in combination with ‘‘(2) CHRONICALLY HOMELESS.— ABILITY.— any other non-personally identifying infor- ‘‘(A) IN GENERAL.—The term ‘chronically ‘‘(A) IN GENERAL.—The term ‘homeless in- mation, would serve to identify any indi- homeless’ means, with respect to an indi- dividual with a disability’ means an indi- vidual. vidual or family, that the individual or fam- vidual who is homeless, as defined in section ‘‘(17) PRIVATE NONPROFIT ORGANIZATION.— ily— 103, and has a disability that— The term ‘private nonprofit organization’ ‘‘(i) is homeless and lives or resides in a ‘‘(i)(I) is expected to be long-continuing or means an organization— place not meant for human habitation, a safe of indefinite duration; ‘‘(A) no part of the net earnings of which haven, or in an emergency shelter; ‘‘(II) substantially impedes the individual’s inures to the benefit of any member, found- ‘‘(ii) has been homeless and living or resid- ability to live independently; er, contributor, or individual; ing in a place not meant for human habi- ‘‘(III) could be improved by the provision of tation, a safe haven, or in an emergency more suitable housing conditions; and ‘‘(B) that has a voluntary board; shelter continuously for at least 1 year or on ‘‘(IV) is a physical, mental, or emotional ‘‘(C) that has an accounting system, or has at least four separate occasions in the last 3 impairment, including an impairment caused designated a fiscal agent in accordance with years; and by alcohol or drug abuse, post traumatic requirements established by the Secretary; ‘‘(iii) has an adult head of household (or a stress disorder, or brain injury; and minor head of household if no adult is ‘‘(ii) is a developmental disability, as de- ‘‘(D) that practices nondiscrimination in present in the household) with a diagnosable fined in section 102 of the Developmental the provision of assistance. substance use disorder, serious mental ill- Disabilities Assistance and Bill of Rights Act ‘‘(18) PROJECT.—The term ‘project’ means, ness, developmental disability (as defined in of 2000 (42 U.S.C. 15002); or with respect to activities carried out under section 102 of the Developmental Disabilities ‘‘(iii) is the disease of acquired immuno- subtitle C, eligible activities described in Assistance and Bill of Rights Act of 2000 (42 deficiency syndrome or any condition arising section 423(a), undertaken pursuant to a spe- U.S.C. 15002)), post traumatic stress disorder, from the etiologic agency for acquired im- cific endeavor, such as serving a particular cognitive impairments resulting from a munodeficiency syndrome. population or providing a particular re- brain injury, or chronic physical illness or ‘‘(B) RULE.—Nothing in clause (iii) of sub- source. disability, including the co-occurrence of paragraph (A) shall be construed to limit eli- ‘‘(19) PROJECT-BASED.—The term ‘project- two or more of those conditions. gibility under clause (i) or (ii) of subpara- based’ means, with respect to rental assist- ‘‘(B) RULE OF CONSTRUCTION.—A person who graph (A). ance, that the assistance is provided pursu- currently lives or resides in an institutional ‘‘(10) LEGAL ENTITY.—The term ‘legal enti- ant to a contract that— care facility, including a jail, substance ty’ means— ‘‘(A) is between— abuse or mental health treatment facility, ‘‘(A) an entity described in section 501(c)(3) ‘‘(i) the recipient or a project sponsor; and hospital or other similar facility, and has re- of the Internal Revenue Code of 1986 (26 ‘‘(ii) an owner of a structure that exists as sided there for fewer than 90 days shall be U.S.C. 501(c)(3)) and exempt from tax under of the date the contract is entered into; and considered chronically homeless if such per- section 501(a) of such Code; ‘‘(B) provides that rental assistance pay- son met all of the requirements described in ‘‘(B) an instrumentality of State or local ments shall be made to the owner and that subparagraph (A) prior to entering that facil- government; or the units in the structure shall be occupied ity. ‘‘(C) a consortium of instrumentalities of by eligible persons for not less than the term ‘‘(3) COLLABORATIVE APPLICANT.—The term State or local governments that has con- of the contract. ‘collaborative applicant’ means an entity stituted itself as an entity. ‘‘(20) PROJECT SPONSOR.—The term ‘project that— ‘‘(11) METROPOLITAN CITY; URBAN COUNTY; sponsor’ means, with respect to proposed eli- ‘‘(A) carries out the duties specified in sec- NONENTITLEMENT AREA.—The terms ‘metro- gible activities, the organization directly re- tion 402; politan city’, ‘urban county’, and ‘non- sponsible for carrying out the proposed eligi- ‘‘(B) serves as the applicant for project entitlement area’ have the meanings given ble activities. sponsors who jointly submit a single applica- such terms in section 102(a) of the Housing ‘‘(21) RECIPIENT.—Except as used in sub- tion for a grant under subtitle C in accord- and Community Development Act of 1974 (42 title B, the term ‘recipient’ means an eligi- ance with a collaborative process; and U.S.C. 5302(a)). ble entity who—

VerDate Aug 31 2005 01:21 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.005 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10657 ‘‘(A) submits an application for a grant ‘‘(A) allows an eligible person to select a ographic area does not meet the require- under section 422 that is approved by the housing unit in which such person will live ments of this section, or if there is no col- Secretary; using rental assistance provided under sub- laborative applicant for a geographic area, ‘‘(B) receives the grant directly from the title C, except that if necessary to assure the Secretary may take remedial action to Secretary to support approved projects de- that the provision of supportive services to a ensure fair distribution of grant amounts scribed in the application; and person participating in a program is feasible, under subtitle C to eligible entities within ‘‘(C)(i) serves as a project sponsor for the a recipient or project sponsor may require that area. Such measures may include desig- projects; or that the person live— nating another body as a collaborative appli- ‘‘(ii) awards the funds to project sponsors ‘‘(i) in a particular structure or unit for cant, or permitting other eligible entities to to carry out the projects. not more than the first year of the participa- apply directly for grants. ‘‘(22) SECRETARY.—The term ‘Secretary’ tion; ‘‘(d) CONSTRUCTION.—Nothing in this sec- means the Secretary of Housing and Urban ‘‘(ii) within a particular geographic area tion shall be construed to displace conflict of Development. for the full period of the participation, or the interest or government fair practices laws, ‘‘(23) SERIOUS MENTAL ILLNESS.—The term period remaining after the period referred to or their equivalent, that govern applicants ‘serious mental illness’ means a severe and in subparagraph (A); and for grant amounts under subtitles B and C. persistent mental illness or emotional im- ‘‘(B) provides that a person may receive pairment that seriously limits a person’s such assistance and move to another struc- ‘‘(e) APPOINTMENT OF AGENT.— ability to live independently. ture, unit, or geographic area if the person ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(24) SOLO APPLICANT.—The term ‘solo ap- has complied with all other obligations of a collaborative applicant may designate an plicant’ means an entity that is an eligible the program and has moved out of the as- agent to— entity, directly submits an application for a sisted dwelling unit in order to protect the ‘‘(A) apply for a grant under section 422(c); grant under subtitle C to the Secretary, and, health or safety of an individual who is or ‘‘(B) receive and distribute grant funds if awarded such grant, receives such grant has been the victim of domestic violence, awarded under subtitle C; and directly from the Secretary. dating violence, sexual assault, or stalking, ‘‘(C) perform other administrative duties. ‘‘(25) SPONSOR-BASED.—The term ‘sponsor- and who reasonably believed he or she was ‘‘(2) RETENTION OF DUTIES.—Any collabo- based’ means, with respect to rental assist- imminently threatened by harm from fur- rative applicant that designates an agent ance, that the assistance is provided pursu- ther violence if he or she remained in the as- pursuant to paragraph (1) shall regardless of ant to a contract that— sisted dwelling unit. such designation retain all of its duties and ‘‘(A) is between— ‘‘(29) TRANSITIONAL HOUSING.—The term responsibilities under this title. ‘‘(i) the recipient or a project sponsor; and ‘transitional housing’ means housing the ‘‘(f) DUTIES.—A collaborative applicant ‘‘(ii) an independent entity that— purpose of which is to facilitate the move- shall— ‘‘(I) is a private organization; and ment of individuals and families experi- ‘‘(1) design a collaborative process for the ‘‘(II) owns or leases dwelling units; and encing homelessness to permanent housing development of an application under subtitle ‘‘(B) provides that rental assistance pay- within 24 months or such longer period as C, and for evaluating the outcomes of ments shall be made to the independent enti- the Secretary determines necessary. projects for which funds are awarded under ty and that eligible persons shall occupy ‘‘(30) UNIFIED FUNDING AGENCY.—The term subtitle B, in such a manner as to provide in- such assisted units. ‘unified funding agency’ means a collabo- formation necessary for the Secretary— ‘‘(26) STATE.—Except as used in subtitle B, rative applicant that performs the duties de- ‘‘(A) to determine compliance with— the term ‘State’ means each of the several scribed in section 402(g). ‘‘(i) the program requirements under sec- States, the District of Columbia, the Com- ‘‘(31) UNDERSERVED POPULATIONS.—The tion 426; and monwealth of Puerto Rico, the United States term ‘underserved populations’ includes pop- ‘‘(ii) the selection criteria described under Virgin Islands, Guam, American Samoa, the ulations underserved because of geographic section 427; and Commonwealth of the Northern Mariana Is- location, underserved racial and ethnic popu- ‘‘(B) to establish priorities for funding lands, the Trust Territory of the Pacific Is- lations, populations underserved because of projects in the geographic area involved; lands, and any other territory or possession special needs (such as language barriers, dis- ‘‘(2) participate in the Consolidated Plan of the United States. abilities, alienage status, or age), and any for the geographic area served by the col- ‘‘(27) SUPPORTIVE SERVICES.—The term other population determined to be under- laborative applicant; and ‘supportive services’ means services that ad- served by the Secretary, as appropriate. ‘‘(3) ensure operation of, and consistent dress the special needs of people served by a ‘‘(32) VICTIM SERVICE PROVIDER.—The term participation by, project sponsors in a com- project, including— ‘victim service provider’ means a private munity-wide homeless management informa- ‘‘(A) the establishment and operation of a nonprofit organization whose primary mis- child care services program for families ex- tion system (in this subsection referred to as sion is to provide services to victims of do- ‘HMIS’) that— periencing homelessness; mestic violence, dating violence, sexual as- ‘‘(B) the establishment and operation of an ‘‘(A) collects unduplicated counts of indi- sault, or stalking. Such term includes rape viduals and families experiencing homeless- employment assistance program, including crisis centers, battered women’s shelters, do- providing job training; ness; mestic violence transitional housing pro- ‘‘(C) the provision of outpatient health ‘‘(B) analyzes patterns of use of assistance grams, and other programs. services, food, and case management; provided under subtitles B and C for the geo- ‘‘(33) VICTIM SERVICES.—The term ‘victim ‘‘(D) the provision of assistance in obtain- graphic area involved; services’ means services that assist domestic ing permanent housing, employment coun- ‘‘(C) provides information to project spon- violence, dating violence, sexual assault, or seling, and nutritional counseling; sors and applicants for needs analyses and stalking victims, including services offered ‘‘(E) the provision of outreach services, ad- funding priorities; and by rape crisis centers and domestic violence vocacy, life skills training, and housing ‘‘(D) is developed in accordance with stand- shelters, and other organizations, with a doc- search and counseling services; ards established by the Secretary, including umented history of effective work con- ‘‘(F) the provision of mental health serv- standards that provide for— cerning domestic violence, dating violence, ices, trauma counseling, and victim services; ‘‘(i) encryption of data collected for pur- sexual assault, or stalking.’’. ‘‘(G) the provision of assistance in obtain- poses of HMIS; ing other Federal, State, and local assistance SEC. 102. COMMUNITY HOMELESS ASSISTANCE ‘‘(ii) documentation, including keeping an PLANNING BOARDS. available for residents of supportive housing accurate accounting, proper usage, and dis- Subtitle A of title IV of the McKinney- closure, of HMIS data; (including mental health benefits, employ- Vento Homeless Assistance Act (42 U.S.C. ment counseling, and medical assistance, but ‘‘(iii) access to HMIS data by staff, con- 11361 et seq.) is amended by inserting after tractors, law enforcement, and academic re- not including major medical equipment); section 401 (as added by section 101(3) of this ‘‘(H) the provision of legal services for pur- searchers; Act) the following new section: ‘‘(iv) rights of persons receiving services poses including requesting reconsiderations ‘‘SEC. 402. COLLABORATIVE APPLICANTS. and appeals of veterans and public benefit under this title; ‘‘(a) ESTABLISHMENT AND DESIGNATION.—A claim denials and resolving outstanding war- ‘‘(v) criminal and civil penalties for unlaw- collaborative applicant shall be established ful disclosure of data; and rants that interfere with an individual’s abil- for a geographic area by the relevant parties ity to obtain and retain housing; ‘‘(vi) such other standards as may be deter- in that geographic area to— mined necessary by the Secretary. ‘‘(I) the provision of— ‘‘(1) submit an application for amounts ‘‘(i) transportation services that facilitate under this subtitle; and ‘‘(g) UNIFIED FUNDING.— an individual’s ability to obtain and main- ‘‘(2) perform the duties specified in sub- ‘‘(1) IN GENERAL.—In addition to the duties tain employment; and section (f) and, if applicable, subsection (g). described in subsection (f), a collaborative ‘‘(ii) health care; and ‘‘(b) NO REQUIREMENT TO BEALEGAL ENTI- applicant shall receive from the Secretary ‘‘(J) other supportive services necessary to TY.—An entity may be established to serve and distribute to other project sponsors in obtain and maintain housing. as a collaborative applicant under this sec- the applicable geographic area funds for ‘‘(28) TENANT-BASED.—The term ‘tenant- tion without being a legal entity. projects to be carried out by such other based’ means, with respect to rental assist- ‘‘(c) REMEDIAL ACTION.—If the Secretary project sponsors, if— ance, assistance that— finds that a collaborative applicant for a ge- ‘‘(A) the collaborative applicant—

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The Secretary shall be required to cer- sibilities by the Secretary; or homelessness, to improve their capacity to tify that such allocation will not adversely ‘‘(B) the Secretary designates the collabo- prepare collaborative applications, to pre- affect the renewal of existing projects under rative applicant as the unified funding agen- vent the separation of families in emergency this subtitle and subtitle C for those individ- cy in the geographic area, after— shelter or other housing programs, and to uals or families who are homeless. ‘‘(i) a finding by the Secretary that the ap- adopt and provide best practices in housing ‘‘(b) ALLOCATION.—An entity that receives plicant— and services for persons experiencing home- a grant under section 412, and serves an area ‘‘(I) has the capacity to perform such re- less. that includes 1 or more geographic areas (or sponsibilities; and ‘‘(b) RESERVATION.—The Secretary shall re- portions of such areas) served by collabo- ‘‘(II) would serve the purposes of this Act serve not more than 1 percent of the funds rative applicants that submit applications as they apply to the geographic area; and made available for any fiscal year for car- under subtitle C, shall allocate the funds ‘‘(ii) the Secretary provides the collabo- rying out subtitles B and C, to provide tech- made available through the grant to carry rative applicant with the technical assist- nical assistance under subsection (a).’’. out activities described in section 415, in ance necessary to perform such responsibil- SEC. 104. PROTECTION OF PERSONALLY IDENTI- consultation with the collaborative appli- ities as such assistance is agreed to by the FYING INFORMATION BY VICTIM cants.’’; and collaborative applicant. SERVICE PROVIDERS. (5) in section 414(b) (42 U.S.C. 11373(b)), as ‘‘(2) REQUIRED ACTIONS BY A UNIFIED FUND- Subtitle A of the McKinney-Vento Home- so redesignated by paragraph (3) of this sec- ING AGENCY.—A collaborative applicant that less Assistance Act (42 U.S.C. 11361 et seq.), tion, by striking ‘‘amounts appropriated’’ is either selected or designated as a unified as amended by the preceding provisions of and all that follows through ‘‘for any’’ and funding agency for a geographic area under this title, is further amended by adding at inserting ‘‘amounts appropriated under sec- paragraph (1) shall— the end the following new section: tion 408 and made available to carry out this ‘‘(A) require each project sponsor who is ‘‘SEC. 407. PROTECTION OF PERSONALLY IDENTI- subtitle for any’’. funded by a grant received under subtitle C FYING INFORMATION BY VICTIM SEC. 202. ELIGIBLE ACTIVITIES. to establish such fiscal control and fund ac- SERVICE PROVIDERS. The McKinney-Vento Homeless Assistance counting procedures as may be necessary to ‘‘In the course of awarding grants or imple- Act is amended by striking section 415 (42 assure the proper disbursal of, and account- menting programs under this title, the Sec- U.S.C. 11374), as so redesignated by section ing for, Federal funds awarded to the project retary shall instruct any victim service pro- 201(3) of this Act, and inserting the following sponsor under subtitle C in order to ensure vider that is a recipient or subgrantee not to new section: disclose for purposes of the Homeless Man- that all financial transactions carried out ‘‘SEC. 415. ELIGIBLE ACTIVITIES. agement Information System any personally under subtitle C are conducted, and records ‘‘(a) IN GENERAL.—Assistance provided identifying information about any client. maintained, in accordance with generally ac- under section 412 may be used for the fol- The Secretary may, after public notice and cepted accounting principles; and lowing activities: comment, require or ask such recipients and ‘‘(B) arrange for an annual survey, audit, ‘‘(1) The renovation, major rehabilitation, subgrantees to disclose for purposes of the or evaluation of the financial records of each or conversion of buildings to be used as Homeless Management Information System project carried out by a project sponsor fund- emergency shelters. non-personally identifying information that ed by a grant received under subtitle C. ‘‘(2) The provision of essential services re- has been de-identified, encrypted, or other- ‘‘(h) CONFLICT OF INTEREST.—No board lated to emergency shelter or street out- wise encoded. Nothing in this section shall member of a collaborative applicant may reach, including services concerned with em- be construed to supersede any provision of participate in decisions of the collaborative ployment, health, education, family support any Federal, State, or local law that pro- applicant concerning the award of a grant, or services for homeless youth, substance abuse vides greater protection than this subsection provision of other financial benefits, to such services, victim services, or mental health for victims of domestic violence, dating vio- member or the organization that such mem- services, if— lence, sexual assault, or stalking.’’. ber represents.’’. ‘‘(A) such essential services have not been SEC. 103. GENERAL PROVISIONS. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. provided by the local government during any Subtitle A of the McKinney-Vento Home- Subtitle A of the McKinney-Vento Home- part of the immediately preceding 12-month less Assistance Act (42 U.S.C. 11361 et seq.) is less Assistance Act (42 U.S.C. 11361 et seq.), period or the Secretary determines that the amended by inserting after section 403 (as so as amended by the preceding provisions of local government is in a severe financial def- redesignated by section 101(2) of this Act) the this title, is further amended by adding at icit; or following new sections: the end the following new section: ‘‘(B) the use of assistance under this sub- ‘‘SEC. 404. PREVENTING INVOLUNTARY FAMILY ‘‘SEC. 408. AUTHORIZATION OF APPROPRIATIONS. title would complement the provision of SEPARATION. ‘‘There are authorized to be appropriated those essential services. ‘‘(a) IN GENERAL.—After the expiration of to carry out this title $2,200,000,000 for fiscal ‘‘(3) Maintenance, operation, insurance, the 2-year period that begins upon the date year 2009 and such sums as may be necessary provision of utilities, and provision of fur- of the enactment of the Homeless Emergency for fiscal year 2010.’’. nishings related to emergency shelter. Assistance and Rapid Transition to Housing TITLE II—EMERGENCY SOLUTIONS ‘‘(4) Provision of rental assistance to pro- Act of 2008, and except as provided in sub- GRANTS PROGRAM vide short-term or medium-term housing to section (b), any project sponsor receiving SEC. 201. GRANT ASSISTANCE. homeless individuals or families or individ- funds under this title to provide emergency Subtitle B of title IV of the McKinney- uals or families at risk of homelessness. shelter, transitional housing, or permanent Vento Homeless Assistance Act (42 U.S.C. Such rental assistance may include tenant- housing to families with children under age 11371 et seq.) is amended— based or project-based rental assistance. 18 shall not deny admission to any family (1) by striking the subtitle heading and in- ‘‘(5) Housing relocation or stabilization based on the age of any child under age 18. serting the following: services for homeless individuals or families ‘‘(b) EXCEPTION.—Notwithstanding the re- or individuals or families at risk of home- ‘‘Subtitle B—Emergency Solutions Grants quirement under subsection (a), project lessness, including housing search, medi- Program’’; sponsors of transitional housing receiving ation or outreach to property owners, legal funds under this title may target transi- (2) by striking section 417 (42 U.S.C. 11377); services, credit repair, providing security or tional housing resources to families with (3) by redesignating sections 413 through utility deposits, utility payments, rental as- children of a specific age only if the project 416 (42 U.S.C. 11373–6) as sections 414 through sistance for a final month at a location, as- sponsor— 417, respectively; and sistance with moving costs, or other activi- ‘‘(1) operates a transitional housing pro- (4) by striking section 412 (42 U.S.C. 11372) ties that are effective at— gram that has a primary purpose of imple- and inserting the following: ‘‘(A) stabilizing individuals and families in menting an evidence-based practice that re- ‘‘SEC. 412. GRANT ASSISTANCE. their current housing; or quires that housing units be targeted to fam- ‘‘The Secretary shall make grants to ‘‘(B) quickly moving such individuals and ilies with children in a specific age group; States and local governments (and to private families to other permanent housing. and nonprofit organizations providing assistance ‘‘(b) MAXIMUM ALLOCATION FOR EMERGENCY ‘‘(2) provides such assurances, as the Sec- to persons experiencing homelessness or at SHELTER ACTIVITIES.—A grantee of assist- retary shall require, that an equivalent ap- risk of homelessness, in the case of grants ance provided under section 412 for any fiscal propriate alternative living arrangement for made with reallocated amounts) for the pur- year may not use an amount of such assist- the whole family or household unit has been pose of carrying out activities described in ance for activities described in paragraphs secured. section 415. (1) through (3) of subsection (a) that exceeds ‘‘SEC. 405. TECHNICAL ASSISTANCE. ‘‘SEC. 413. AMOUNT AND ALLOCATION OF ASSIST- the greater of— ‘‘(a) IN GENERAL.—The Secretary shall ANCE. ‘‘(1) 60 percent of the aggregate amount of make available technical assistance to pri- ‘‘(a) IN GENERAL.—Of the amount made such assistance provided for the grantee for vate nonprofit organizations and other non- available to carry out this subtitle and sub- such fiscal year; or

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‘‘(2) the amount expended by such grantee nounce, within 5 months after the last date ‘‘(e) RENEWAL FUNDING FOR UNSUCCESSFUL for such activities during fiscal year most re- for the submission of applications described APPLICANTS.—The Secretary may renew cently completed before the effective date in this subsection for a fiscal year, the funding for a specific project previously under section 503 of the Homeless Emergency grants conditionally awarded under sub- funded under this subtitle that the Secretary Assistance and Rapid Transition to Housing section (a) for that fiscal year. determines meets the purposes of this sub- Act of 2008.’’. ‘‘(B) TRANSITION.—For a period of up to 2 title, and was included as part of a total ap- SEC. 203. PARTICIPATION IN HOMELESS MANAGE- years beginning after the effective date plication that met the criteria of subsection MENT INFORMATION SYSTEM. under section 503 of the Homeless Emergency (c), even if the application was not selected Section 416 of the McKinney-Vento Home- Assistance and Rapid Transition to Housing to receive grant assistance. The Secretary less Assistance Act (42 U.S.C. 11375), as so re- Act of 2008, the Secretary shall announce, may renew the funding for a period of not designated by section 201(3) of this Act, is within 6 months after the last date for the more than 1 year, and under such conditions amended by adding at the end the following submission of applications described in this as the Secretary determines to be appro- new subsection: subsection for a fiscal year, the grants condi- priate. ‘‘(f) PARTICIPATION IN HMIS.—The Sec- tionally awarded under subsection (a) for ‘‘(f) CONSIDERATIONS IN DETERMINING RE- retary shall ensure that recipients of funds that fiscal year. NEWAL FUNDING.—When providing renewal under this subtitle ensure the consistent par- ‘‘(d) OBLIGATION, DISTRIBUTION, AND UTILI- funding for leasing, operating costs, or rent- ticipation by emergency shelters and home- ZATION OF FUNDS.— al assistance for permanent housing, the lessness prevention and rehousing programs ‘‘(1) REQUIREMENTS FOR OBLIGATION.— Secretary shall make adjustments propor- in any applicable community-wide homeless ‘‘(A) IN GENERAL.—Not later than 9 months tional to increases in the fair market rents management information system.’’. after the announcement referred to in sub- in the geographic area. TITLE III—CONTINUUM OF CARE section (c)(2), each recipient or project spon- ‘‘(g) MORE THAN ONE APPLICATION FOR A PROGRAM sor shall meet all requirements for the obli- GEOGRAPHIC AREA.—If more than one col- gation of those funds, including site control, laborative applicant applies for funds for a SEC. 301. CONTINUUM OF CARE. matching funds, and environmental review geographic area, the Secretary shall award The McKinney-Vento Homeless Assistance requirements, except as provided in subpara- funds to the collaborative applicant with the Act is amended— graphs (B) and (C). highest score based on the selection criteria (1) by striking the subtitle heading for sub- ‘‘(B) ACQUISITION, REHABILITATION, OR CON- set forth in section 427. title C of title IV (42 U.S.C. 11381 et seq.) and STRUCTION.—Not later than 24 months after ‘‘(h) APPEALS.— inserting the following: the announcement referred to in subsection ‘‘(1) IN GENERAL.—The Secretary shall es- ‘‘Subtitle C—Continuum of Care Program’’; (c)(2), each recipient or project sponsor seek- tablish a timely appeal procedure for grant and ing the obligation of funds for acquisition of amounts awarded or denied under this sub- (2) by striking sections 421 and 422 (42 housing, rehabilitation of housing, or con- title pursuant to a collaborative application U.S.C. 11381 and 11382) and inserting the fol- struction of new housing for a grant an- or solo application for funding. lowing new sections: nounced under subsection (c)(2) shall meet ‘‘(2) PROCESS.—The Secretary shall ensure ‘‘SEC. 421. PURPOSES. all requirements for the obligation of those that the procedure permits appeals sub- ‘‘The purposes of this subtitle are— funds, including site control, matching mitted by entities carrying out homeless ‘‘(1) to promote community-wide commit- funds, and environmental review require- housing and services projects (including ment to the goal of ending homelessness; ments. emergency shelters and homelessness pre- ‘‘(2) to provide funding for efforts by non- ‘‘(C) EXTENSIONS.—At the discretion of the vention programs), and all other applicants profit providers and State and local govern- Secretary, and in compelling circumstances, under this subtitle. ments to quickly rehouse homeless individ- the Secretary may extend the date by which ‘‘(i) SOLO APPLICANTS.—A solo applicant uals and families while minimizing the trau- a recipient or project sponsor shall meet the may submit an application to the Secretary ma and dislocation caused to individuals, requirements described in subparagraphs (A) for a grant under subsection (a) and be families, and communities by homelessness; and (B) if the Secretary determines that awarded such grant on the same basis as ‘‘(3) to promote access to, and effective uti- compliance with the requirements was de- such grants are awarded to other applicants lization of, mainstream programs described layed due to factors beyond the reasonable based on the criteria described in section 427, in section 203(a)(7) and programs funded with control of the recipient or project sponsor. but only if the Secretary determines that State or local resources; and Such factors may include difficulties in ob- the solo applicant has attempted to partici- ‘‘(4) to optimize self-sufficiency among in- taining site control for a proposed project, pate in the continuum of care process but dividuals and families experiencing home- completing the process of obtaining secure was not permitted to participate in a reason- lessness. financing for the project, obtaining approv- able manner. The Secretary may award such ‘‘SEC. 422. CONTINUUM OF CARE APPLICATIONS als from State or local governments, or com- grants directly to such applicants in a man- AND GRANTS. pleting the technical submission require- ner determined to be appropriate by the Sec- ‘‘(a) PROJECTS.—The Secretary shall award ments for the project. retary. grants, on a competitive basis, and using the ‘‘(2) OBLIGATION.—Not later than 45 days ‘‘(j) FLEXIBILITY TO SERVE PERSONS DE- selection criteria described in section 427, to after a recipient or project sponsor meets the FINED AS HOMELESS UNDER OTHER FEDERAL carry out eligible activities under this sub- requirements described in paragraph (1), the LAWS.— title for projects that meet the program re- Secretary shall obligate the funds for the ‘‘(1) IN GENERAL.—A collaborative appli- quirements under section 426, either by di- grant involved. cant may use not more than 10 percent of rectly awarding funds to project sponsors or ‘‘(3) DISTRIBUTION.—A recipient that re- funds awarded under this subtitle (con- by awarding funds to unified funding agen- ceives funds through such a grant— tinuum of care funding) for any of the types cies. ‘‘(A) shall distribute the funds to project of eligible activities specified in paragraphs ‘‘(b) NOTIFICATION OF FUNDING AVAIL- sponsors (in advance of expenditures by the (1) through (7) of section 423(a) to serve fami- ABILITY.—The Secretary shall release a noti- project sponsors); and lies with children and youth defined as fication of funding availability for grants ‘‘(B) shall distribute the appropriate por- homeless under other Federal statutes, or awarded under this subtitle for a fiscal year tion of the funds to a project sponsor not homeless families with children and youth not later than 3 months after the date of the later than 45 days after receiving a request defined as homeless under section 103(a)(6), enactment of the appropriate Act making for such distribution from the project spon- but only if the applicant demonstrates that appropriations for the Department of Hous- sor. the use of such funds is of an equal or greater ing and Urban Development for such fiscal ‘‘(4) EXPENDITURE OF FUNDS.—The Sec- priority or is equally or more cost effective year. retary may establish a date by which funds in meeting the overall goals and objectives ‘‘(c) APPLICATIONS.— made available through a grant announced of the plan submitted under section ‘‘(1) SUBMISSION TO THE SECRETARY.—To be under subsection (c)(2) for a homeless assist- 427(b)(1)(B), especially with respect to chil- eligible to receive a grant under subsection ance project shall be entirely expended by dren and unaccompanied youth. (a), a project sponsor or unified funding the recipient or project sponsors involved. ‘‘(2) LIMITATIONS.—The 10 percent limita- agency in a geographic area shall submit an The date established under this paragraph tion under paragraph (1) shall not apply to application to the Secretary at such time shall not occur before the expiration of the collaborative applicants in which the rate of and in such manner as the Secretary may re- 24-month period beginning on the date that homelessness, as calculated in the most re- quire, and containing such information as funds are obligated for activities described cent point in time count, is less than one- the Secretary determines necessary— under paragraphs (1) or (2) of section 423(a). tenth of 1 percent of total population. ‘‘(A) to determine compliance with the pro- The Secretary shall recapture the funds not ‘‘(3) TREATMENT OF CERTAIN POPULATIONS.— gram requirements and selection criteria expended by such date. The Secretary shall ‘‘(A) IN GENERAL.—Notwithstanding section under this subtitle; and reallocate the funds for another homeless as- 103(a) and subject to subparagraph (B), funds ‘‘(B) to establish priorities for funding sistance and prevention project that meets awarded under this subtitle may be used for projects in the geographic area. the requirements of this subtitle to be car- eligible activities to serve unaccompanied ‘‘(2) ANNOUNCEMENT OF AWARDS.— ried out, if possible and appropriate, in the youth and homeless families and children de- ‘‘(A) IN GENERAL.—Except as provided in same geographic area as the area served fined as homeless under section 103(a)(6) only subparagraph (B), the Secretary shall an- through the original grant. pursuant to paragraph (1) of this subsection

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ELIGIBLE ACTIVITIES. section 402(g), payment of administrative ‘‘(B) all of the proceeds of the sale or dis- The McKinney-Vento Homeless Assistance costs related to meeting the requirements of position are used to provide transitional or Act is amended by striking section 423 (42 that section, for which the unified funding permanent housing meeting the require- U.S.C. 11383) and inserting the following new agency may use not more than 3 percent of ments of this subtitle; section: the total funds made available in the geo- ‘‘(C) project-based rental assistance or op- ‘‘SEC. 423. ELIGIBLE ACTIVITIES. graphic area under this subtitle for such erating cost assistance from any Federal ‘‘(a) IN GENERAL.—Grants awarded under costs, in addition to funds used under para- program or an equivalent State or local pro- section 422 to qualified applicants shall be graph (10). gram is no longer made available and the used to carry out projects that serve home- ‘‘(12) Payment of administrative costs to project is meeting applicable performance less individuals or families that consist of project sponsors, for which each project standards, provided that the portion of the one or more of the following eligible activi- sponsor may use not more than 10 percent of project that had benefitted from such assist- ties: the total funds made available to that ance continues to meet the tenant income ‘‘(1) Construction of new housing units to project sponsor through this subtitle for and rent restrictions for low-income units provide transitional or permanent housing. such costs. under section 42(g) of the Internal Revenue ‘‘(b) MINIMUM GRANT TERMS.—The Sec- ‘‘(2) Acquisition or rehabilitation of a Code of 1986; or retary may impose minimum grant terms of structure to provide transitional or perma- ‘‘(D) there are no individuals and families up to 5 years for new projects providing per- nent housing, other than emergency shelter, in the geographic area who are homeless, in manent housing. or to provide supportive services. which case the project may serve individuals ‘‘(c) USE RESTRICTIONS.— ‘‘(3) Leasing of property, or portions of and families at risk of homelessness. ‘‘(1) ACQUISITION, REHABILITATION, AND NEW property, not owned by the recipient or ‘‘(e) STAFF TRAINING.—The Secretary may CONSTRUCTION.—A project that consists of ac- project sponsor involved, for use in providing allow reasonable costs associated with staff transitional or permanent housing, or pro- tivities described in paragraph (1) or (2) of subsection (a) shall be operated for the pur- training to be included as part of the activi- viding supportive services. ties described in subsection (a). ‘‘(4) Provision of rental assistance to pro- pose specified in the application submitted ‘‘(f) ELIGIBILITY FOR PERMANENT HOUSING.— vide transitional or permanent housing to el- for the project under section 422 for not less than 15 years. Any project that receives assistance under igible persons. The rental assistance may in- subsection (a) and that provides project- ‘‘(2) OTHER ACTIVITIES.—A project that con- clude tenant-based, project-based, or spon- based or sponsor-based permanent housing sor-based rental assistance. Project-based sists of activities described in any of para- graphs (3) through (12) of subsection (a) shall for homeless individuals or families with a rental assistance, sponsor-based rental as- disability, including projects that meet the sistance, and operating cost assistance con- be operated for the purpose specified in the requirements of subsection (a) and sub- tracts carried out by project sponsors receiv- application submitted for the project under section (d)(2)(A) of section 428 may also serve ing grants under this section may, at the dis- section 422 for the duration of the grant pe- individuals who had previously met the re- cretion of the applicant and the project spon- riod involved. quirements for such project prior to moving sor, have an initial term of 15 years, with as- ‘‘(3) CONVERSION.—If the recipient or into a different permanent housing project. sistance for the first 5 years paid with funds project sponsor carrying out a project that ‘‘(g) ADMINISTRATION OF RENTAL ASSIST- authorized for appropriation under this Act, provides transitional or permanent housing ANCE.—Provision of permanent housing rent- and assistance for the remainder of the term submits a request to the Secretary to carry al assistance shall be administered by a treated as a renewal of an expiring contract out instead a project for the direct benefit of State, unit of general local government, or as provided in section 429. Project-based low-income persons, and the Secretary deter- public housing agency.’’. rental assistance may include rental assist- mines that the initial project is no longer ance to preserve existing permanent sup- needed to provide transitional or permanent SEC. 303. HIGH PERFORMING COMMUNITIES. portive housing for homeless individuals and housing, the Secretary may approve the The McKinney-Vento Homeless Assistance families. project described in the request and author- Act is amended by striking section 424 (42 ‘‘(5) Payment of operating costs for hous- ize the recipient or project sponsor to carry U.S.C. 11384) and inserting the following: ing units assisted under this subtitle or for out that project. ‘‘SEC. 424. INCENTIVES FOR HIGH-PERFORMING the preservation of housing that will serve ‘‘(d) REPAYMENT OF ASSISTANCE AND PRE- COMMUNITIES. homeless individuals and families and for VENTION OF UNDUE BENEFITS.— ‘‘(a) DESIGNATION AS A HIGH-PERFORMING which another form of assistance is expiring ‘‘(1) REPAYMENT.—If a recipient or project COMMUNITY.— or otherwise no longer available. sponsor receives assistance under section 422 ‘‘(1) IN GENERAL.—The Secretary shall des- ‘‘(6) Supportive services for individuals and to carry out a project that consists of activi- ignate, on an annual basis, which collabo- families who are currently homeless, who ties described in paragraph (1) or (2) of sub- rative applicants represent high-performing have been homeless in the prior 6 months but section (a) and the project ceases to provide communities. are currently residing in permanent housing, transitional or permanent housing— ‘‘(2) CONSIDERATION.—In determining or who were previously homeless and are ‘‘(A) earlier than 10 years after operation whether to designate a collaborative appli- currently residing in permanent supportive of the project begins, the Secretary shall re- cant as a high-performing community under housing. quire the recipient or project sponsor to paragraph (1), the Secretary shall establish ‘‘(7) Provision of rehousing services, in- repay 100 percent of the assistance; or criteria to ensure that the requirements de- cluding housing search, mediation or out- ‘‘(B) not earlier than 10 years, but earlier scribed under paragraphs (1)(B) and (2)(B) of reach to property owners, credit repair, pro- than 15 years, after operation of the project subsection (d) are measured by comparing viding security or utility deposits, rental as- begins, the Secretary shall require the re- homeless individuals and families under sistance for a final month at a location, as- cipient or project sponsor to repay 20 percent similar circumstances, in order to encourage sistance with moving costs, or other activi- of the assistance for each of the years in the projects in the geographic area to serve ties that— 15-year period for which the project fails to homeless individuals and families with more ‘‘(A) are effective at moving homeless indi- provide that housing. severe barriers to housing stability. viduals and families immediately into hous- ‘‘(2) PREVENTION OF UNDUE BENEFITS.—Ex- ‘‘(3) 2-YEAR PHASE IN.—In each of the first ing; or cept as provided in paragraph (3), if any 2 years after the effective date under section ‘‘(B) may benefit individuals and families property is used for a project that receives 503 of the Homeless Emergency Assistance who in the prior 6 months have been home- assistance under subsection (a) and consists and Rapid Transition to Housing Act of 2008, less, but are currently residing in permanent of activities described in paragraph (1) or (2) the Secretary shall designate not more than housing. of subsection (a), and the sale or other dis- ten collaborative applicants as high-per- ‘‘(8) In the case of a collaborative applicant position of the property occurs before the ex- forming communities. that is a legal entity, performance of the du- piration of the 15-year period beginning on ‘‘(4) EXCESS OF QUALIFIED APPLICANTS.—If, ties described under section 402(f)(3). the date that operation of the project begins, during the 2-year period described under

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paragraph (2), more than ten collaborative ‘‘(4) EFFECTIVENESS OF PREVIOUS ACTIVI- ‘‘(D) in the case of programs that provide applicants could qualify to be designated as TIES.—If recipients in the geographic area housing or services to families, they will des- high-performing communities, the Secretary have used funding awarded under section ignate a staff person to be responsible for en- shall designate the ten that have, in the dis- 422(a) for eligible activities described under suring that children being served in the pro- cretion of the Secretary, the best perform- section 415(a) in previous years based on the gram are enrolled in school and connected to ance based on the criteria described under authority granted under subsection (c), that appropriate services in the community, in- subsection (d). such activities were effective at reducing the cluding early childhood programs such as ‘‘(5) TIME LIMIT ON DESIGNATION.—The des- number of individuals and families who be- Head Start, part C of the Individuals with ignation of any collaborative applicant as a came homeless in that community. Disabilities Education Act, and programs au- high-performing community under this sub- ‘‘(5) FLEXIBILITY TO SERVE PERSONS DEFINED thorized under subtitle B of title VII of this section shall be effective only for the year in AS HOMELESS UNDER OTHER FEDERAL LAWS.— Act(42 U.S.C. 11431 et seq.); and which such designation is made. The Sec- With respect to collaborative applicants ex- ‘‘(E) they will provide data and reports as retary, on an annual basis, may renew any ercising the authority under section 422(j) to required by the Secretary pursuant to the such designation. serve homeless families with children and Act; ‘‘(b) APPLICATION.— youth defined as homeless under other Fed- ‘‘(5) if a collaborative applicant is a unified ‘‘(1) IN GENERAL.—A collaborative appli- eral statutes, effectiveness in achieving the funding agency under section 402(g) and re- cant seeking designation as a high-per- goals and outcomes identified in subsection ceives funds under subtitle C to carry out forming community under subsection (a) 427(b)(1)(F) according to such standards as the payment of administrative costs de- shall submit an application to the Secretary the Secretary shall promulgate. scribed in section 423(a)(11), to establish such at such time, and in such manner as the Sec- ‘‘(e) COOPERATION AMONG ENTITIES.—A col- fiscal control and fund accounting proce- retary may require. laborative applicant designated as a high- dures as may be necessary to assure the ‘‘(2) CONTENT OF APPLICATION.—In any ap- performing community under this section proper disbursal of, and accounting for, such plication submitted under paragraph (1), a shall cooperate with the Secretary in distrib- funds in order to ensure that all financial collaborative applicant shall include in such uting information about successful efforts transactions carried out with such funds are application— within the geographic area represented by conducted, and records maintained, in ac- ‘‘(A) a report showing how any money re- the collaborative applicant to reduce home- cordance with generally accepted accounting ceived under this subtitle in the preceding lessness.’’. principles; year was expended; and SEC. 304. PROGRAM REQUIREMENTS. ‘‘(6) to monitor and report to the Secretary ‘‘(B) information that such applicant can Section 426 of the McKinney-Vento Home- the provision of matching funds as required meet the requirements described under sub- less Assistance Act (42 U.S.C. 11386) is by section 430; section (d). amended— ‘‘(7) to take the educational needs of chil- ‘‘(3) PUBLICATION OF APPLICATION.—The (1) by striking subsections (a), (b), and (c) dren into account when families are placed Secretary shall— and inserting the following: in emergency or transitional shelter and ‘‘(a) SITE CONTROL.—The Secretary shall ‘‘(A) publish any report or information will, to the maximum extent practicable, require that each application include reason- submitted in an application under this sec- place families with children as close as pos- able assurances that the applicant will own tion in the geographic area represented by sible to their school of origin so as not to or have control of a site for the proposed the collaborative applicant; and disrupt such children’s education; and project not later than the expiration of the ‘‘(B) seek comments from the public as to ‘‘(8) to comply with such other terms and 12-month period beginning upon notification whether the collaborative applicant seeking conditions as the Secretary may establish to of an award for grant assistance, unless the carry out this subtitle in an effective and ef- designation as a high-performing community application proposes providing supportive ficient manner.’’; meets the requirements described under sub- housing assistance under section 423(a)(3) or (2) by redesignating subsection (d) as sub- section (d). housing that will eventually be owned or section (c); ‘‘(c) USE OF FUNDS.—Funds awarded under controlled by the families and individuals (3) in the first sentence of subsection (c) section 422(a) to a project sponsor who is lo- served. An applicant may obtain ownership (as so redesignated by paragraph (2) of this cated in a high-performing community may or control of a suitable site different from subsection), by striking ‘‘recipient’’ and in- be used— the site specified in the application. If any ‘‘(1) for any of the eligible activities de- recipient or project sponsor fails to obtain serting ‘‘recipient or project sponsor’’; scribed in section 423; or ownership or control of the site within 12 (4) by striking subsection (e); ‘‘(2) for any of the eligible activities de- months after notification of an award for (5) by redesignating subsections (f), (g), and scribed in paragraphs (4) and (5) of section grant assistance, the grant shall be recap- (h), as subsections (d), (e), and (f), respec- 415(a). tured and reallocated under this subtitle. tively; ‘‘(d) DEFINITION OF HIGH-PERFORMING COM- ‘‘(b) REQUIRED AGREEMENTS.—The Sec- (6) in the first sentence of subsection (e) MUNITY.—For purposes of this section, the retary may not provide assistance for a pro- (as so redesignated by paragraph (5) of this term ‘high-performing community’ means a posed project under this subtitle unless the section), by striking ‘‘recipient’’ each place geographic area that demonstrates through collaborative applicant involved agrees— it appears and inserting ‘‘recipient or project reliable data that all five of the following re- ‘‘(1) to ensure the operation of the project sponsor’’; quirements are met for that geographic area: in accordance with the provisions of this (7) by striking subsection (i); and ‘‘(1) TERM OF HOMELESSNESS.—The mean subtitle; (8) by redesignating subsection (j) as sub- length of episodes of homelessness for that ‘‘(2) to monitor and report to the Secretary section (g). geographic area— the progress of the project; SEC. 305. SELECTION CRITERIA, ALLOCATION ‘‘(A) is less than 20 days; or ‘‘(3) to ensure, to the maximum extent AMOUNTS, AND FUNDING. ‘‘(B) for individuals and families in similar practicable, that individuals and families ex- The McKinney-Vento Homeless Assistance circumstances in the preceding year was at periencing homelessness are involved, Act is amended— least 10 percent less than in the year before. through employment, provision of volunteer (1) by repealing section 429 (42 U.S.C. ‘‘(2) FAMILIES LEAVING HOMELESSNESS.—Of services, or otherwise, in constructing, reha- 11389); and individuals and families— bilitating, maintaining, and operating facili- (2) by redesignating sections 427 and 428 (42 ‘‘(A) who leave homelessness, fewer than 5 ties for the project and in providing sup- U.S.C. 11387, 11388) as sections 432 and 433, re- percent of such individuals and families be- portive services for the project; spectively; and come homeless again at any time within the ‘‘(4) to require certification from all (3) by inserting after section 426 the fol- next 2 years; or project sponsors that— lowing new sections: ‘‘(B) in similar circumstances who leave ‘‘(A) they will maintain the confidentiality ‘‘SEC. 427. SELECTION CRITERIA. homelessness, the percentage of such indi- of records pertaining to any individual or ‘‘(a) IN GENERAL.—The Secretary shall viduals and families who become homeless family provided family violence prevention award funds to recipients through a national again within the next 2 years has decreased or treatment services through the project; competition between geographic areas based by at least 20 percent from the preceding ‘‘(B) that the address or location of any on criteria established by the Secretary. year. family violence shelter project assisted ‘‘(b) REQUIRED CRITERIA.— ‘‘(3) COMMUNITY ACTION.—The communities under this subtitle will not be made public, ‘‘(1) IN GENERAL.—The criteria established that compose the geographic area have— except with written authorization of the per- under subsection (a) shall include— ‘‘(A) actively encouraged homeless individ- son responsible for the operation of such ‘‘(A) the previous performance of the re- uals and families to participate in homeless project; cipient regarding homelessness, including assistance services available in that geo- ‘‘(C) they will establish policies and prac- performance related to funds provided under graphic area; and tices that are consistent with, and do not re- section 412 (except that recipients applying ‘‘(B) included each homeless individual or strict the exercise of rights provided by, sub- from geographic areas where no funds have family who sought homeless assistance serv- title B of title VII, and other laws relating to been awarded under this subtitle, or under ices in the data system used by that commu- the provision of educational and related subtitles C, D, E, or F of title IV of this Act, nity for determining compliance with this services to individuals and families experi- as in effect prior to the date of the enact- subsection. encing homelessness; ment of the Homeless Emergency Assistance

VerDate Aug 31 2005 01:21 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.006 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10662 CONGRESSIONAL RECORD — HOUSE October 2, 2008 and Rapid Transition to Housing Act of 2008, ‘‘(iv) is open to proposals from entities than those described in paragraphs (1) shall receive full credit for performance that have not previously received funds through (4) of section 103(a) of this Act (42 under this subparagraph), measured by cri- under this subtitle; U.S.C. 11302(a)). teria that shall be announced by the Sec- ‘‘(D) the extent to which the amount of as- ‘‘(c) ADJUSTMENTS.—The Secretary may retary, that shall take into account barriers sistance to be provided under this subtitle to adjust the formula described in subsection faced by individual homeless people, and the recipient will be supplemented with re- (b)(2) as necessary— that shall include— sources from other public and private ‘‘(1) to ensure that each collaborative ap- ‘‘(i) the length of time individuals and fam- sources, including mainstream programs plicant has sufficient funding to renew all ilies remain homeless; identified by the Government Accountability qualified projects for at least one year; and ‘‘(ii) the extent to which individuals and Office in the two reports described in section ‘‘(2) to ensure that collaborative applicants families who leave homelessness experience 203(a)(7); are not discouraged from replacing renewal additional spells of homelessness; ‘‘(E) demonstrated coordination by the re- projects with new projects that the collabo- cipient with the other Federal, State, local, ‘‘(iii) the thoroughness of grantees in the rative applicant determines will better be private, and other entities serving individ- geographic area in reaching homeless indi- able to meet the purposes of this Act. uals and families experiencing homelessness viduals and families; ‘‘SEC. 428. ALLOCATION OF AMOUNTS AND INCEN- and at risk of homelessness in the planning ‘‘(iv) overall reduction in the number of TIVES FOR SPECIFIC ELIGIBLE AC- and operation of projects; TIVITIES. homeless individuals and families; ‘‘(F) for collaborative applicants exercising ‘‘(v) jobs and income growth for homeless ‘‘(a) MINIMUM ALLOCATION FOR PERMANENT the authority under section 422(j) to serve HOUSING FOR HOMELESS INDIVIDUALS AND individuals and families; homeless families with children and youth FAMILIES WITH DISABILITIES.— ‘‘(vi) success at reducing the number of in- defined as homeless under other Federal dividuals and families who become homeless; ‘‘(1) IN GENERAL.—From the amounts made statutes, program goals and outcomes, which available to carry out this subtitle for a fis- ‘‘(vii) other accomplishments by the recipi- shall include— ent related to reducing homelessness; and cal year, a portion equal to not less than 30 ‘‘(i) preventing homelessness among the percent of the sums made available to carry ‘‘(viii) for collaborative applicants that subset of such families with children and out subtitle B and this subtitle, shall be used have exercised the authority under section youth who are at highest risk of becoming for permanent housing for homeless individ- 422(j) to serve families with children and homeless, as such term is defined for pur- uals with disabilities and homeless families youth defined as homeless under other Fed- poses of this title; or that include such an individual who is an eral statutes, success in achieving the goals ‘‘(ii) achieving independent living in per- adult or a minor head of household if no and outcomes identified in section manent housing among such families with adult is present in the household. 427(b)(1)(F); children and youth, especially those who ‘‘(2) CALCULATION.—In calculating the por- ‘‘(B) the plan of the recipient, which shall have a history of doubled-up and other tem- tion of the amount described in paragraph (1) describe— porary housing situations or are living in a that is used for activities that are described ‘‘(i) how the number of individuals and temporary housing situation due to lack of in paragraph (1), the Secretary shall not families who become homeless will be re- available and appropriate emergency shelter, count funds made available to renew con- duced in the community; through the provision of eligible assistance tracts for existing projects under section 429. ‘‘(ii) how the length of time that individ- that directly contributes to achieving such ‘‘(3) ADJUSTMENT.—The 30-percent figure in uals and families remain homeless will be re- results including assistance to address paragraph (1) shall be reduced proportion- duced; chronic disabilities, chronic physical health ately based on need under section 427(b)(2) in ‘‘(iii) how the recipient will collaborate or mental health conditions, substance ad- geographic areas for which subsection (e) ap- with local education authorities to assist in diction, histories of domestic violence or plies in regard to subsection (d)(2)(A). the identification of individuals and families childhood abuse, or multiple barriers to em- ‘‘(4) SUSPENSION.—The requirement estab- who become or remain homeless and are in- ployment; and ‘‘(G) such other factors as the Secretary lished in paragraph (1) shall be suspended for formed of their eligibility for services under any year in which available funding for subtitle B of title VII of this Act (42 U.S.C. determines to be appropriate to carry out this subtitle in an effective and efficient grants under this subtitle would not be suffi- 11431 et seq.); cient to renew for 1-year existing grants that ‘‘(iv) the extent to which the recipient manner. ‘‘(2) ADDITIONAL CRITERIA.—In addition to would otherwise be funded under this sub- will— title. ‘‘(I) address the needs of all relevant sub- the criteria required under paragraph (1), the criteria established under paragraph (1) shall ‘‘(5) TERMINATION.—The requirement estab- populations; lished in paragraph (1) shall terminate upon ‘‘(II) incorporate comprehensive strategies also include the need within the geographic area for homeless services, determined as a finding by the Secretary that since the be- for reducing homelessness, including the follows and under the following conditions: ginning of 2001 at least 150,000 new units of interventions referred to in section 428(d); ‘‘(A) NOTICE.—The Secretary shall inform permanent housing for homeless individuals ‘‘(III) set quantifiable performance meas- each collaborative applicant, at a time con- and families with disabilities have been ures; current with the release of the notice of funded under this subtitle. ‘‘(IV) set timelines for completion of spe- funding availability for the grants, of the pro ‘‘(b) SET-ASIDE FOR PERMANENT HOUSING cific tasks; rata estimated grant amount under this sub- FOR HOMELESS FAMILIES WITH CHILDREN.— ‘‘(V) identify specific funding sources for title for the geographic area represented by From the amounts made available to carry planned activities; and the collaborative applicant. out this subtitle for a fiscal year, a portion ‘‘(VI) identify an individual or body re- ‘‘(B) AMOUNT.— equal to not less than 10 percent of the sums sponsible for overseeing implementation of ‘‘(i) FORMULA.—Such estimated grant made available to carry out subtitle B and specific strategies; and amounts shall be determined by a formula, this subtitle for that fiscal year shall be used ‘‘(v) whether the recipient proposes to ex- which shall be developed by the Secretary, to provide or secure permanent housing for ercise authority to use funds under section by regulation, not later than the expiration homeless families with children. 422(j), and if so, how the recipient will of the 2-year period beginning upon the date ‘‘(c) TREATMENT OF AMOUNTS FOR PERMA- achieve the goals and outcomes identified in of the enactment of the Homeless Emergency NENT OR TRANSITIONAL HOUSING.—Nothing in section 427(b)(1)(F); Assistance and Rapid Transition to Housing this Act may be construed to establish a ‘‘(C) the methodology of the recipient used Act of 2008, that is based upon factors that limit on the amount of funding that an ap- to determine the priority for funding local are appropriate to allocate funds to meet the plicant may request under this subtitle for projects under section 422(c)(1), including the goals and objectives of this subtitle. acquisition, construction, or rehabilitation extent to which the priority-setting proc- ‘‘(ii) COMBINATIONS OR CONSORTIA.—For a activities for the development of permanent ess— collaborative applicant that represents a housing or transitional housing. ‘‘(i) uses periodically collected information combination or consortium of cities or coun- ‘‘(d) INCENTIVES FOR PROVEN STRATEGIES.— and analysis to determine the extent to ties, the estimated need amount shall be the ‘‘(1) IN GENERAL.—The Secretary shall pro- which each project has resulted in rapid re- sum of the estimated need amounts for the vide bonuses or other incentives to geo- turn to permanent housing for those served cities or counties represented by the collabo- graphic areas for using funding under this by the project, taking into account the se- rative applicant. subtitle for activities that have been proven verity of barriers faced by the people the ‘‘(iii) AUTHORITY OF SECRETARY.—Subject to be effective at reducing homelessness gen- project serves; to the availability of appropriations, the erally, reducing homelessness for a specific ‘‘(ii) considers the full range of opinions Secretary shall increase the estimated need subpopulation, or achieving homeless pre- from individuals or entities with knowledge amount for a geographic area if necessary to vention and independent living goals as set of homelessness in the geographic area or an provide 1 year of renewal funding for all ex- forth in section 427(b)(1)(F). interest in preventing or ending homeless- piring contracts entered into under this sub- ‘‘(2) RULE OF CONSTRUCTION.—For purposes ness in the geographic area; title for the geographic area. of this subsection, activities that have been ‘‘(iii) is based on objective criteria that ‘‘(3) HOMELESSNESS COUNTS.—The Secretary proven to be effective at reducing homeless- have been publicly announced by the recipi- shall not require that communities conduct ness generally or reducing homelessness for ent; and an actual count of homeless people other a specific subpopulation includes—

VerDate Aug 31 2005 01:21 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.006 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10663 ‘‘(A) permanent supportive housing for this subtitle in accordance with criteria set (ii) by inserting ‘‘in lieu of grants under chronically homeless individuals and fami- forth in a provision of this subtitle other subtitle C’’ after ‘‘eligible organizations’’; lies; than this section. and ‘‘(B) for homeless families, rapid rehousing ‘‘SEC. 430. MATCHING FUNDING. (iii) by striking paragraphs (1), (2), and (3), services, short-term flexible subsidies to ‘‘(a) IN GENERAL.—A collaborative appli- and inserting the following: overcome barriers to rehousing, support cant in a geographic area in which funds are ‘‘(1) rehousing or improving the housing services concentrating on improving incomes awarded under this subtitle shall specify situations of individuals and families who to pay rent, coupled with performance meas- contributions from any source other than a are homeless or in the worst housing situa- ures emphasizing rapid and permanent re- grant awarded under this subtitle, including tions in the geographic area; housing and with leveraging funding from renewal funding of projects assisted under ‘‘(2) stabilizing the housing of individuals mainstream family service systems such as subtitles C, D, and F of this title as in effect and families who are in imminent danger of Temporary Assistance for Needy Families before the effective date under section 503 of losing housing; and and Child Welfare services; and the Homeless Emergency Assistance and ‘‘(3) improving the ability of the lowest-in- ‘‘(C) any other activity determined by the Rapid Transition to Housing Act of 2008, that come residents of the community to afford Secretary, based on research and after notice shall be made available in the geographic stable housing.’’; and comment to the public, to have been area in an amount equal to not less than 25 (C) in subsection (b)(1)— proven effective at reducing homelessness percent of the funds provided to recipients in (i) by redesignating subparagraphs (E), (F), generally, reducing homelessness for a spe- the geographic area, except that grants for and (G) as subparagraphs (I), (J), and (K), re- cific subpopulation, or achieving homeless leasing shall not be subject to any match re- spectively; and prevention and independent living goals as quirement. (ii) by striking subparagraph (D) and in- set forth in section 427(b)(1)(F). ‘‘(b) LIMITATIONS ON IN-KIND MATCH.—The serting the following: ‘‘(3) BALANCE OF INCENTIVES FOR PROVEN cash value of services provided to the resi- ‘‘(D) construction of new housing units to STRATEGIES.—To the extent practicable, in dents or clients of a project sponsor by an provide transitional or permanent housing to providing bonuses or incentives for proven entity other than the project sponsor may homeless individuals and families and indi- strategies, the Secretary shall seek to main- count toward the contributions in subsection viduals and families at risk of homelessness; tain a balance among strategies targeting (a) only when documented by a memorandum ‘‘(E) acquisition or rehabilitation of a homeless individuals, families, and other of understanding between the project spon- structure to provide supportive services or to subpopulations. The Secretary shall not im- sor and the other entity that such services provide transitional or permanent housing, plement bonuses or incentives that specifi- will be provided. other than emergency shelter, to homeless cally discourage collaborative applicants ‘‘(c) COUNTABLE ACTIVITIES.—The contribu- individuals and families and individuals and from exercising their flexibility to serve tions required under subsection (a) may con- families at risk of homelessness; families with children and youth defined as sist of— ‘‘(F) leasing of property, or portions of homeless under other Federal statutes. ‘‘(1) funding for any eligible activity de- property, not owned by the recipient or ‘‘(e) INCENTIVES FOR SUCCESSFUL IMPLEMEN- scribed under section 423; and project sponsor involved, for use in providing TATION OF PROVEN STRATEGIES.—If any geo- ‘‘(2) subject to subsection (b), in-kind pro- transitional or permanent housing to home- graphic area demonstrates that it has fully vision of services of any eligible activity de- less individuals and families and individuals implemented any of the activities described scribed under section 423. and families at risk of homelessness, or pro- in subsection (d) for all homeless individuals ‘‘SEC. 431. APPEAL PROCEDURE. viding supportive services to such homeless and families or for all members of subpopula- ‘‘(a) IN GENERAL.—With respect to funding and at-risk individuals and families; tions for whom such activities are targeted, under this subtitle, if certification of con- ‘‘(G) provision of rental assistance to pro- that geographic area shall receive the bonus sistency with the consolidated plan pursuant vide transitional or permanent housing to or incentive provided under subsection (d), to section 403 is withheld from an applicant homeless individuals and families and indi- but may use such bonus or incentive for any who has submitted an application for that viduals and families at risk of homelessness, eligible activity under either section 423 or certification, such applicant may appeal such rental assistance may include tenant- paragraphs (4) and (5) of section 415(a) for such decision to the Secretary. based or project-based rental assistance; homeless people generally or for the relevant ‘‘(b) PROCEDURE.—The Secretary shall es- ‘‘(H) payment of operating costs for hous- subpopulation. tablish a procedure to process the appeals de- ing units assisted under this title;’’; ‘‘SEC. 429. RENEWAL FUNDING AND TERMS OF AS- scribed in subsection (a). (D) in subsection (b)(2), by striking ‘‘appro- SISTANCE FOR PERMANENT HOUS- ‘‘(c) DETERMINATION.—Not later than 45 priated’’ and inserting ‘‘transferred’’; ING. (E) in subsection (c)— ‘‘(a) IN GENERAL.—Of the total amount days after the date of receipt of an appeal de- (i) in paragraph (1)(A), by striking ‘‘appro- available in the account or accounts des- scribed in subsection (a), the Secretary shall priated’’ and inserting ‘‘transferred’’; and ignated for appropriations for use in connec- determine if certification was unreasonably (ii) in paragraph (3), by striking ‘‘appro- tion with section 8 of the United States withheld. If such certification was unreason- priated’’ and inserting ‘‘transferred’’; Housing Act of 1937 (42 U.S.C. 1437f), the Sec- ably withheld, the Secretary shall review (F) in subsection (d)— retary shall use such sums as may be nec- such application and determine if such appli- (i) in paragraph (5), by striking ‘‘; and’’ and essary for the purpose of renewing expiring cant shall receive funding under this sub- inserting a semicolon; contracts for leasing, rental assistance, or title.’’. (ii) in paragraph (6)— operating costs for permanent housing. SEC. 306. RESEARCH. ‘‘(b) RENEWALS.—The sums made available There is authorized to be appropriated (I) by striking ‘‘an agreement’’ and all that under subsection (a) shall be available for $8,000,000, for each of fiscal years 2009 and follows through ‘‘families’’ and inserting the the renewal of contracts in the case of ten- 2010, for research into the efficacy of inter- following: ‘‘a description of how individuals ant-based assistance, successive 1-year ventions for homeless families, to be ex- and families who are homeless or who have terms, and in the case of project-based as- pended by the Secretary of Housing and the lowest incomes in the community will be sistance, successive terms of up to 15 years Urban Development over the 2 years at three involved by the organization’’; and at the discretion of the applicant or project different sites to provide services for home- (II) by striking the period at the end, and sponsor and subject to the availability of an- less families and evaluate the effectiveness inserting a semicolon; and nual appropriations, for rental assistance of such services. (iii) by adding at the end the following: and housing operation costs associated with ‘‘(7) a description of consultations that TITLE IV—RURAL HOUSING STABILITY took place within the community to ascer- permanent housing projects funded under ASSISTANCE PROGRAM this subtitle, or under subtitle C or F (as in tain the most important uses for funding SEC. 401. RURAL HOUSING STABILITY ASSIST- effect on the day before the effective date of under this section, including the involve- ANCE. ment of potential beneficiaries of the the Homeless Emergency Assistance and Subtitle G of title IV of the McKinney- Rapid Transition to Housing Act of 2008). project; and Vento Homeless Assistance Act (42 U.S.C. ‘‘(8) a description of the extent and nature The Secretary shall determine whether to 11408 et seq.) is amended— renew a contract for such a permanent hous- of homelessness and of the worst housing sit- (1) by striking the subtitle heading and in- uations in the community.’’; ing project on the basis of certification by serting the following: the collaborative applicant for the geo- (G) by striking subsections (f) and (g) and graphic area that— ‘‘Subtitle G—Rural Housing Stability inserting the following: ‘‘(1) there is a demonstrated need for the Assistance Program’’; and ‘‘(f) MATCHING FUNDING.— project; and (2) in section 491— ‘‘(1) IN GENERAL.—An organization eligible ‘‘(2) the project complies with program re- (A) by striking the section heading and in- to receive a grant under subsection (a) shall quirements and appropriate standards of serting ‘‘RURAL HOUSING STABILITY specify matching contributions from any housing quality and habitability, as deter- GRANT PROGRAM.’’; source other than a grant awarded under this mined by the Secretary. (B) in subsection (a)— subtitle, that shall be made available in the ‘‘(c) CONSTRUCTION.—Nothing in this sec- (i) by striking ‘‘rural homelessness grant geographic area in an amount equal to not tion shall be construed as prohibiting the program’’ and inserting ‘‘rural housing sta- less than 25 percent of the funds provided for Secretary from renewing contracts under bility grant program’’; the project or activity, except that grants

VerDate Aug 31 2005 01:21 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.006 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10664 CONGRESSIONAL RECORD — HOUSE October 2, 2008 for leasing shall not be subject to any match ‘‘(C) any area or community, respectively, (6) A general description of homeless as- requirement. located in a State that has population den- sistance for individuals and families in rural ‘‘(2) LIMITATIONS ON IN-KIND MATCH.—The sity of less than 30 persons per square mile areas and rural communities of the United cash value of services provided to the bene- (as reported in the most recent decennial States. ficiaries or clients of an eligible organization census), and of which at least 1.25 percent of (7) A description of barriers that homeless by an entity other than the organization the total acreage of such State is under Fed- assistance providers serving rural areas and may count toward the contributions in para- eral jurisdiction, provided that no metropoli- rural communities encounter when seeking graph (1) only when documented by a memo- tan city (as such term is defined in section to access Federal homeless assistance pro- randum of understanding between the orga- 102 of the Housing and Community Develop- grams, and recommendations for removing nization and the other entity that such serv- ment Act of 1974) in such State is the sole such barriers. ices will be provided. beneficiary of the grant amounts awarded (8) An assessment of the type and amount ‘‘(3) COUNTABLE ACTIVITIES.—The contribu- under this section.’’; of Federal homeless assistance funds award- tions required under paragraph (1) may con- (J) in subsection (l)— ed to organizations serving rural areas and sist of— (i) by striking the subsection heading and rural communities and a determination as to ‘‘(A) funding for any eligible activity de- inserting ‘‘PROGRAM FUNDING.—’’; and whether such amount is proportional to the scribed under subsection (b); and (ii) by striking paragraph (1) and inserting distribution of homeless individuals and ‘‘(B) subject to paragraph (2), in-kind pro- the following: families in and from rural areas and rural vision of services of any eligible activity de- ‘‘(1) IN GENERAL.—The Secretary shall de- communities compared to homeless individ- scribed under subsection (b). termine the total amount of funding attrib- uals and families in non-rural areas and non- ‘‘(g) SELECTION CRITERIA.—The Secretary utable under section 427(b)(2) to meet the rural communities. shall establish criteria for selecting recipi- needs of any geographic area in the Nation (9) An assessment of the current roles of ents of grants under subsection (a), includ- that applies for funding under this section. the Department of Housing and Urban Devel- ing— The Secretary shall transfer any amounts opment, the Department of Agriculture, and ‘‘(1) the participation of potential bene- determined under this subsection from the other Federal departments and agencies in ficiaries of the project in assessing the need Community Homeless Assistance Program administering homeless assistance programs for, and importance of, the project in the and consolidate such transferred amounts for in rural areas and rural communities and community; grants under this section, except that the recommendations for distributing Federal ‘‘(2) the degree to which the project ad- Secretary shall transfer an amount not less responsibilities, including homeless assist- dresses the most harmful housing situations than 5 percent of the amount available under ance program administration and present in the community; this subtitle for grants under this section.’’; grantmaking, among the departments and ‘‘(3) the degree of collaboration with others and agencies so that service organizations in in the community to meet the goals de- (K) by adding at the end the following: rural areas and rural communities are most scribed in subsection (a); ‘‘(m) DIVISION OF FUNDS.— effectively reached and supported. ‘‘(4) the performance of the organization in ‘‘(1) AGREEMENT AMONG GEOGRAPHIC (b) ACQUISITION OF SUPPORTING INFORMA- improving housing situations, taking ac- AREAS.—If the Secretary receives an applica- TION.—In carrying out the study under this count of the severity of barriers of individ- tion or applications to provide services in a section, the Comptroller General shall seek uals and families served by the organization; geographic area under this subtitle, and also to obtain views from the following persons: ‘‘(5) for organizations that have previously under subtitle C, the Secretary shall consult (1) The Secretary of Agriculture. received funding under this section, the ex- with all applicants from the geographic area (2) The Secretary of Housing and Urban tent of improvement in homelessness and the to determine whether all agree to proceed Development. worst housing situations in the community under either this subtitle or under subtitle (3) The Secretary of Health and Human since such funding began; C. Services. ‘‘(6) the need for such funds, as determined ‘‘(2) DEFAULT IF NO AGREEMENT.—If no (4) The Secretary of Education. by the formula established under section agreement is reached under paragraph (1), (5) The Secretary of Labor. 427(b)(2); and the Secretary shall proceed under this sub- (6) The Secretary of Veterans Affairs. ‘‘(7) any other relevant criteria as deter- title or under subtitle C, depending on which (7) The Executive Director of the United mined by the Secretary.’’; results in the largest total grant funding to States Interagency Council on Homelessness. (H) in subsection (h)— the geographic area.’’. (8) Project sponsors and recipients of (i) in paragraph (1)(A)— SEC. 402. GAO STUDY OF HOMELESSNESS AND homeless assistance grants serving rural (I) by striking ‘‘The’’ and inserting ‘‘Not HOMELESS ASSISTANCE IN RURAL areas and rural communities. later than 18 months after funding is first AREAS. (9) Individuals and families in or from made available pursuant to the amendments (a) STUDY AND REPORT.—Not later than the rural areas and rural communities who have made by title IV of the Homeless Emergency expiration of the 12-month period beginning sought or are seeking Federal homeless as- Assistance and Rapid Transition to Housing on the date of the enactment of this Act, the sistance services. Act of 2008, the’’; and Comptroller General of the United States (10) National advocacy organizations con- (II) by striking ‘‘providing housing and shall conduct a study to examine homeless- cerned with homelessness, rural housing, and other assistance to homeless persons’’ and ness and homeless assistance in rural areas rural community development. inserting ‘‘meeting the goals described in and rural communities and submit a report (c) EFFECTIVE DATE.—This section shall subsection (a)’’; to the Congress on the findings and conclu- take effect on the date of the enactment of (ii) in paragraph (1)(B), by striking ‘‘ad- sion of the study. The report shall contain this Act. dress homelessness in rural areas’’ and in- the following matters: TITLE V—REPEALS AND CONFORMING serting ‘‘meet the goals described in sub- (1) A general description of homelessness, AMENDMENTS section (a) in rural areas’’; and including the range of living situations SEC. 501. REPEALS. (iii) in paragraph (2)— among homeless individuals and homeless Subtitles D, E, and F of title IV of the (I) by striking ‘‘The’’ and inserting ‘‘Not families, in rural areas and rural commu- McKinney-Vento Homeless Assistance Act later than 24 months after funding is first nities of the United States, including tribal (42 U.S.C. 11391 et seq., 11401 et seq., and 11403 made available pursuant to the amendment lands and colonias. et seq.) are hereby repealed. made by title IV of the Homeless Emergency (2) An estimate of the incidence and preva- SEC. 502. CONFORMING AMENDMENTS. Assistance and Rapid Transition to Housing lence of homelessness among individuals and (a) CONSOLIDATED PLAN.—Section 403(1) of Act of 2008, the’’; families in rural areas and rural commu- the McKinney-Vento Homeless Assistance (II) by striking ‘‘, not later than 18 months nities of the United States. Act (as so redesignated by section 101(2) of after the date on which the Secretary first (3) An estimate of the number of individ- this Act), is amended— makes grants under the program,’’; and uals and families from rural areas and rural (1) by striking ‘‘current housing afford- (III) by striking ‘‘prevent and respond to communities who migrate annually to non- ability strategy’’ and inserting ‘‘consoli- homelessness’’ and inserting ‘‘meet the goals rural areas and non-rural communities for dated plan’’; and described in subsection (a)’’; homeless assistance. (2) by inserting before the comma the fol- (I) in subsection (k)— (4) A description of barriers that individ- lowing: ‘‘(referred to in such section as a (i) in paragraph (1), by striking ‘‘rural uals and families in and from rural areas and ‘comprehensive housing affordability strat- homelessness grant program’’ and inserting rural communities encounter when seeking egy’)’’. ‘‘rural housing stability grant program’’; and to access homeless assistance programs, and (b) PERSONS EXPERIENCING HOMELESS- (ii) in paragraph (2)— recommendations for removing such bar- NESS.—Section 103 of the McKinney-Vento (I) in subparagraph (A), by striking ‘‘; or’’ riers. Homeless Assistance Act (42 U.S.C. 11302), as and inserting a semicolon; (5) A comparison of the rate of homeless- amended by the preceding provisions of this (II) in subparagraph (B)(ii), by striking ness among individuals and families in and Act, is further amended by adding at the end ‘‘rural census tract.’’ and inserting ‘‘county from rural areas and rural communities com- the following new subsection: where at least 75 percent of the population is pared to the rate of homelessness among in- ‘‘(e) PERSONS EXPERIENCING HOMELESS- rural; or’’; and dividuals and families in and from non-rural NESS.—Any references in this Act to home- (III) by adding at the end the following: areas and non-rural communities. less individuals (including homeless persons)

VerDate Aug 31 2005 01:21 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.006 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10665 or homeless groups (including homeless per- ‘‘Subtitle D—Rural Housing Stability experience homelessness at some point sons) shall be considered to include, and to Assistance Program in a given year. refer to, individuals experiencing homeless- ‘‘Sec. 491. Rural housing stability assist- The mobility of kids due to housing ness or groups experiencing homelessness, ance. insecurity and the education they re- respectively.’’. ‘‘Sec. 492. Use of FHMA inventory for transi- ceive is another huge problem. It is (c) RURAL HOUSING STABILITY ASSIST- tional housing for homeless ANCE.—Title IV of the McKinney-Vento persons and for turnkey hous- nearly impossible for a child to receive Homeless Assistance Act is amended by re- ing.’’. a quality education when they aren’t designating subtitle G (42 U.S.C. 11408 et sure where they’ll be sleeping at night The SPEAKER pro tempore. Pursu- seq.), as amended by the preceding provisions or even which school they will be at- ant to the rule, the gentlewoman from of this Act, as subtitle D. tending in the morning. I think about Wisconsin (Ms. MOORE) and the gentle- SEC. 503. EFFECTIVE DATE. the at-risk status of families and chil- woman from Illinois (Mrs. BIGGERT) Except as specifically provided otherwise dren in my own district, where 80 per- each will control 20 minutes. in this Act, this Act and the amendments cent of the kids in our school system made by this Act shall take effect on, and The Chair recognizes the gentle- are eligible for free or reduced lunch. shall apply beginning on— woman from Wisconsin. This bill provides a great deal of sup- (1) the expiration of the 18-month period GENERAL LEAVE beginning on the date of the enactment of port for these families. this Act, or Ms. MOORE of Wisconsin. Mr. Speak- First, we expand HUD’s definition of (2) the expiration of the 3-month period be- er, I ask unanimous consent that all homelessness. This bill includes all ginning upon publication by the Secretary of Members may have 5 legislative days families who are due to lose their cur- Housing and Urban Development of final reg- within which to revise and extend their rent housing within a 14-day period be- ulations pursuant to section 504, remarks on this legislation and to in- cause they’re doubled up or because whichever occurs first. sert extraneous material thereon. they’ve received a notice that they SEC. 504. REGULATIONS. The SPEAKER pro tempore. Is there must move. We have doubled the (a) IN GENERAL.—Not later than 12 months objection to the request of the gentle- amount of time that HUD currently after the date of the enactment of this Act, woman from Wisconsin? recognizes these families under that the Secretary of Housing and Urban Develop- There was no objection. ment shall promulgate regulations gov- standard from 7 days to 14 days. This Ms. MOORE of Wisconsin. Mr. Speak- bill specifically clarifies that anyone erning the operation of the programs that er, I yield myself such time as I may are created or modified by this Act. fleeing a domestic violence situation is consume. (b) EFFECTIVE DATE.—This section shall homeless. We provide double funding take effect on the date of the enactment of Mr. Speaker, I would like to start out for the Emergency Solutions Program, this Act. by giving sincere thanks to everyone up to 20 percent of all funds, and then SEC. 505. AMENDMENT TO TABLE OF CONTENTS. who has been involved in this issue. It require that at least half of that money The table of contents in section 101(b) of has really been a struggle arriving at be spent on so-called homelessness pre- the McKinney-Vento Homeless Assistance this point because the ability to deter- vention activities, which would be Act (42 U.S.C. 11301 note) is amended by mine who is exactly homeless has such striking the item relating to the heading for those who are ‘‘couch surfing,’’ that is, infinite proportions that it has been they are spending the night from couch title IV and all that follows through the very difficult to come to an agreement. item relating to section 492 and inserting the to couch; they’re doubled up; or other- following new items: However, the substance of this bill, the wise fall outside of HUD’s current defi- majority of the players support this on ‘‘TITLE IV—HOUSING ASSISTANCE nition. We also provide localities with all sides of the debate. That would be ‘‘Subtitle A—General Provisions additional flexibility to use up to 10 on both sides of the aisle and in both percent of their continuum of care ‘‘Sec. 401. Definitions. Chambers. ‘‘Sec. 402. Collaborative applicants. funding to serve doubled-up families. ‘‘Sec. 403. Housing affordability strategy. But an enormous amount of thanks is Finally, we have provisions to include ‘‘Sec. 404. Preventing involuntary family due to certain people. I’m especially children and their families who are de- separation grateful to our chairman, BARNEY fined as homeless under other Federal ‘‘Sec. 405. Technical assistance. FRANK; Chairwoman WATERS; Rep- statutes. ‘‘Sec. 406. Discharge coordination policy. resentative ANDRE CARSON; Represent- ‘‘Sec. 407. Protection of personally identi- This bill is not perfect, but few pieces ative GEOFF DAVIS; and, of course, my fying information by victim of legislation are. very good friend and colleague, Rep- service providers. HOUSE OF REPRESENTATIVES, resentative JUDY BIGGERT; and their ‘‘Sec. 408. Authorization of appropriations. COMMITTEE ON ENERGY AND COMMERCE, ‘‘Subtitle B—Emergency Solutions Grants staffs, who have done a tremendous Washington, DC, October 1, 2008. Program deal of work on this bill; and all of the Hon. BARNEY FRANK, ‘‘Sec. 411. Definitions. advocates who have worked so pa- Chairman, Committee on Financial Services, ‘‘Sec. 412. Grant assistance. tiently with us. Washington, DC. ‘‘Sec. 413. Amount and allocation of assist- But we wouldn’t be here today, Mr. DEAR CHAIRMAN FRANK: I write regarding ance. Speaker, if it weren’t for the out- H.R. 840, the ‘‘Homeless Emergency Assist- ‘‘Sec. 414. Allocation and distribution of as- standing work of our dear departed col- ance and Rapid Transition to Housing Act of sistance. league, my dear late friend, Represent- 2007’’. The bill includes provisions con- ‘‘Sec. 415. Eligible activities. cerning grants to provide health services to ‘‘Sec. 416. Responsibilities of recipients. ative Julia Carson of Indiana, who homeless individuals. ‘‘Sec. 417. Administrative provisions. worked so hard on this issue for so The Committee on Energy and Commerce ‘‘Sec. 418. Administrative costs. many years and whose work has has a jurisdictional interest in such provi- ‘‘Subtitle C—Continuum of Care Program brought us to where we are today. sions. I support H.R. 840 and do not intend to ‘‘Sec. 421. Purposes. We need to keep in mind the enor- seek a sequential referral of the bill. My un- ‘‘Sec. 422. Continuum of care applications mous scope of this problem in light of derstanding is that you acknowledge the ju- and grants. the housing rescue issue that we are risdiction of the Committee, and you agree ‘‘Sec. 423. Eligible activities. dealing with here in this House either with me that my decision to forgo a sequen- ‘‘Sec. 424. Incentives for high-performing tial referral does not in any way prejudice tonight or tomorrow. This credit crisis the Committee with respect to any of its ju- communities. hits the poorest among us. We are ex- ‘‘Sec. 425. Supportive services. risdictional prerogatives, including the ap- 1 ‘‘Sec. 426. Program requirements. pecting no less than 6 ⁄2 million fore- pointment of conferees, on this bill or simi- ‘‘Sec. 427. Selection criteria. closures in the next few years, and lar legislation in the future. ‘‘Sec. 428. Allocation of amounts and incen- these families, of course, are at grave I request that you send a letter to me con- tives for specific eligible activi- risk of becoming homeless. Whether firming my understanding regarding the bill, ties. they’re doubled up with a family mem- and that you include our letters on this mat- ‘‘Sec. 429. Renewal funding and terms of as- ber, sleeping in a shelter, or spending ter in the Congressional Record during con- sistance for permanent housing. sideration of the bill on the House floor. I ap- ‘‘Sec. 430. Matching funding. the nights on the street, our cities and preciate your cooperation. ‘‘Sec. 431. Appeal procedure. towns are due to face a tidal wave of Sincerely, ‘‘Sec. 432. Regulations. people in need. At the same time, we JOHN D. DINGELL, ‘‘Sec. 433. Reports to Congress. know that 1.6 million people already Chairman.

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HOUSE OF REPRESENTATIVES, opment (HUD) as compared to those adminis- ler and Ranking Member McKeon, and their COMMITTEE ON FINANCIAL SERVICES, tered by the Departments of Education, Jus- staff on a letter to GAO and new language to Washington, DC, October 1, 2008. tice, and Human Services. In the education expand HUD’s definition of homeless to in- Hon. JOHN D. DINGELL, section of the McKinney-Vento Homeless As- clude more homeless unaccompanied youth, Chairman, Committee on Energy and Commerce, sistance Act, the Individuals with Disabil- children, and their families. House of Representatives, Washington, DC. ities Education Act (IDEA), and the Head On September 23, 2008, we joined the above- DEAR MR. CHAIRMAN: Thank you for your Start Act, the same homeless definition is mentioned Members and sent a letter to letter concerning H.R. 840, the Homeless used. The Runaway and Homeless Youth Act GAO. In recent days, we offered language to Emergency Assistance and Rapid Transition program uses a similar definition. However, Senate and House Members and staff negoti- to Housing Act of 2008. This bill was intro- the housing component of the McKinney- ating the final language of H.R. 840 and S. duced on February 6, 2007, and was referred Vento Homeless Assistance Act uses a dif- 1518 to include homeless children, unaccom- to the Committee on Financial Services. The ferent definition, which excludes a majority panied youth, and their families in HUD’s bill was ordered reported by the Committee of the unaccompanied youth, children, and definition of homeless. We are pleased that on Financial Services on July 31, 2008. families recognized as homeless by non-HUD Senate and House Members have agreed to I am pleased to confirm our agreement on federal homeless programs. include the following language as part of this bill. I recognize that certain provisions As a result, hundreds of thousands of HUD’s definition of homeless: in the bill fall within the jurisdiction of the homeless students, homeless and disabled Unaccompanied youth and homeless fami- Committee on Energy and Commerce under children, homeless infants, and homeless lies with children and youth defined as rule X of the Rules of the House of Rep- children running away from domestic vio- homeless under other Federal statutes who— resentatives. However, I appreciate your lence, unsafe housing, or unstable living con- (A) have experienced a long term period willingness to forgo action in order to allow ditions are denied HUD homeless housing without living independently in permanent the bill to come to the floor expeditiously. I and services. housing, agree that your decision will not prejudice Several witnesses, including Dr. Ellen (B) have experienced persistent instability the Committee on Energy and Commerce Bassuk, an Associate Professor of Psychiatry as measured by frequent moves over such pe- with respect to its jurisdictional preroga- at Harvard Medical School, testified before riod, and tives on this or similar legislation. our Committee that many homeless children (C) can be expected to continue in such sta- I will include this exchange of correspond- who are currently excluded from HUD’s tus for an extended period of time because of ence in the Congressional Record. Thank you homeless definition are prone to health and chronic disabilities, chronic physical health again for your cooperation in this important developmental problems. Dr. Bassuk said or mental health conditions, substance ad- matter. that there is documented evidence that al- diction, histories of domestic violence or BARNEY FRANK, most 90 percent of homeless families end up childhood abuse, the presence of a child or Chairman. doubled-up, which results in severe over- youth with a disability, or multiple barriers crowding and dangerous situations. The to employment. Mr. Speaker, I reserve the balance of homeless children in these families are at It is our hope that by expanding HUD’s def- my time. significant risk of physical and sexual abuse, inition of homeless in this way, local, home- Mrs. BIGGERT. Mr. Speaker, as an have seen people shot and killed, or have had less service providers will have the flexi- original cosponsor of this bill, I rise in their own lives threatened. Highly mobile bility to provide homeless housing and serv- support of the Homeless Emergency homeless students suffer academically, are ices to unaccompanied youth and children in Act and Rapid Transition to Housing less likely to graduate, are sick more than involuntary and unstable shared living ar- Act of 2008, or the HEARTH Act. I the average child, and are more likely to rangements, such as those living temporarily would also like to thank Congressman have behavior problems. in motels or hotels or ‘‘couch surfing’’ from Homelessness among children is only be- house to house. The ultimate goal is to GEOFF DAVIS of Kentucky and, if she coming more pervasive. A study conducted break the cycle of poverty, violence, and were here today, the original House by First Focus and the Brookings Institute homelessness in our country by providing version sponsor, the late Congress- determined that almost 2 million children homeless unaccompanied youth and children woman Julia Carson for introducing will be affected by the foreclosure crises. with the opportunity to qualify for safe and this bill, H.R. 840. In addition, I would Many of these children will become home- stable housing so that they have a better like to thank Chairman FRANK, sub- less, but, tragically, they will not qualify for chance of being healthy, performing better HUD homeless housing assistance or serv- committee Chairwoman WATERS, and in school, and having a chance for a brighter ices. future. Ranking Members BACHUS and CAPITO H.R. 840, as introduced, would reconcile the for working together with Congress- definitions of homeless used among HUD and In addition, I would like to submit a man DAVIS and me to give homeless the other federal programs that serve home- New York Times article from Sep- children a fighting chance in this coun- less unaccompanied youth, children, and tember 16, 2008, entitled ‘‘Capitol try. families. In addition, as introduced, the bill Strives to Define ‘Homeless.’ ’’ I would also like to thank all of the would recognize as homeless many individ- [From the New York Times, Sept. 16, 2008] uals and families that are not recognized as staff on both sides of the aisle for all of CAPITOL STRIVES TO DEFINE ‘‘HOMELESS’’ homeless by these other federal programs. their hard work: Scott Olson, Jonathan For many months, we have worked with (By Rachel L. Swarns) Harwitz, Cindy Chetti, Tallman John- Members of the Committee, staff, and gov- WASHINGTON—With unemployment and son, Lauren O’Brien, Aaron Spurck, ernment and non-government organizations foreclosures rising and growing numbers of Andre Stevens, Kathleen Taylor, Clin- representing various homeless constitu- families struggling to find affordable hous- ton Jones, Nicole Austin. A tremen- encies to craft a new HUD definition of ing, lawmakers in Congress are debating who dous thanks for all they have done. homeless that would allow homeless unac- should be considered homeless. Mr. Speaker, for inclusion in the companied youth, children, and their fami- For more than 20 years, federal housing lies served by other federal programs to also law has counted as homeless only people liv- CONGRESSIONAL RECORD, I would like to be recognized by HUD as homeless and there- ing on the streets or in shelters. But now the submit additional views authored by fore qualify for HUD homeless housing and House and the Senate are considering an ex- Congressman GEOFF DAVIS, Congress- services. pansion of the definition to include people woman CAPITO, and me. These views On July, 31, 2008, during the Committee’s precariously housed: those doubled up with were filed as part of our committee re- consideration of H.R. 840, Rep. Biggert and friends or relatives or living day to day in port to accompany H.R. 840, but they Rep. Davis offered an amendment to allow motels, with money and options running out. apply to this bill, H.R. 7221, as amend- all children and youth considered homeless In the House, which is expected to vote on ed, as well. by four other federal programs to be consid- the issue this month, lawmakers are dis- ered homeless by HUD. They withdrew the cussing whether to expand the definition to ADDITIONAL VIEWS amendment because of an agreement with include about a million additional people—a Mr. Davis of Kentucky, Mrs. Capito, and I the Chairman that they would: (1) continue subset within the group of children and their acknowledge the significant work that the to work on language to amend HUD’s defini- families in desperate need of stable hous- Chairman, Ranking Member, and other Mem- tion of homeless as the bill moved out of ing—or to add a much smaller group that bers and staff have done to address many of Committee toward full House consideration; would include only people fleeing their the concerns we raised about addressing the and (2) send a joint letter requesting that homes because of domestic violence and needs of homeless unaccompanied youth, GAO examine the issue of homeless defini- those who can prove they will lose their children, and their families in H.R. 840, a bill tion discrepancies and related matters. housing within 14 days. introduced by the late Rep. Julia Carson as Between July 31, 2008 and today, we and The Senate is considering a still narrower well as Rep. Geoff Davis. our staff have worked with the Chairman expansion that would include only those There are inconsistencies in the definition and Housing and Community Opportunity forced to move three times in one year or of homeless for programs administered by Subcommittee Chairwoman Waters, Edu- twice in 21 days. Congressional aides say sen- the Department of Housing and Urban Devel- cation and Labor Committee Chairman Mil- ators are willing to expand the definition

VerDate Aug 31 2005 04:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.009 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10667 further in consultations with the House that or nonexistent. In other places, some say, Mr. Speaker, there is no question are now under way, but the Senate legisla- shelters sometimes bar large families, fami- that these children are homeless. When tion is not expected to pass before law- lies with two parents or those with boys you hear them describe their lives, you makers recess this month. older than 10. can’t help but understand why local The outcome of the discussions will most ‘‘I think we have to take care of our most likely broaden the categories of people eligi- vulnerable,’’ Ms. Biggert said. ‘‘Shouldn’t homeless providers desperately want ble for emergency shelter, housing and other children as well as the others be a priority?’’ the flexibility to offer them services. services provided by the Department of Barbara Duffield, policy director at the Na- Here’s one story from Kentucky: Housing and Urban Development’s $1.7 bil- tional Association for the Education of ‘‘I have lived in many homes and lion budget for the homeless, which accounts Homeless Children and Youth, echoed those shelters. Just this past year, I have for most federal spending on homelessness. concerns. ‘‘This is really about our nation lived in 12 different homes. I have lived Bush administration officials support the acknowledging the extent of the housing cri- with classmates, teachers, friends, and narrow expansion under consideration in the sis and the devastation it wreaks on chil- strangers. Anyone who would accept House. dren, youth and family,’’ she said. ‘‘The me was better than the street . . . I But none of the bills come with any addi- housing crisis is bigger than the emergency tional financing. And with too few shelter system put in place to address it 20 years have always dreamed of being free. I beds and services available to help the home- ago.’’ want the freedom to know where I am less who are already living on the streets, Opponents of a broad expansion of the defi- going to sleep, the freedom to know the debate over whether to expand signifi- nition counter that demand for shelter beds where my belongings are, and the free- cantly the pool of people eligible for such already exceeds supply. About 700,000 people dom to know that I won’t be asked to limited aid has sharply divided advocates for live in shelters or on the streets on any leave in the morning or the end of the the homeless and upended political alliances. given day, housing officials say. But federal week.’’ In the House, Democratic leaders who dollars finance only 170,000 beds. Mr. Speaker, it’s because of a story Some advocates also fear that commu- pride themselves on their commitment to like this that last fall we began work- the poor find themselves arguing that there nities would shift resources from single, is simply too little money available to ac- mentally ill or addicted people to doubled-up ing with members of the Financial commodate a broad expansion of the defini- families who were newly classified as home- Services Committee, staff, and govern- tion, and too little time left in the current less. Such families are typically easier to ment and nongovernment organiza- Congress to accommodate any realistic ex- serve and politically more appealing. tions representing various homeless pectation that new money can be added. ‘‘Nobody thinks that these families are constituencies to craft a new definition Some House Republicans, meanwhile, ac- having an easy time of it,’’ said Steve Berg, that includes homeless unaccompanied cuse the Democrats of turning their backs on vice president for programs and policy at the youth, children, and their families. hundreds of thousands of struggling families National Alliance to End Homelessness. who are forced to move from couch to couch ‘‘But when push comes to shove, when you’ve b 1330 and from house to house to keep a roof over got people in apartments and people in shel- These are families that are already their heads. ters and on the streets, the people in the lat- considered homeless by all other Fed- Representative Barney Frank, the Massa- ter group need the help more.’’ chusetts Democrat who heads the House Fi- No one knows precisely how many addi- eral programs, but not recognized by nancial Services Committee, said, ‘‘It’s one tional families would be helped by the mod- HUD as homeless, and therefore do not of the saddest things that we deal with, and est expansion proposals under consideration qualify for aid. it’s entirely the result of inadequate fund- in Congress, particularly since in practice, I am pleased to report that the legis- ing.’’ HUD already allows for a bit more than the lation we are considering today con- ‘‘When there’s not enough money to cover current definition: it permits families who tains a compromise definition that will ‘all of the above’, you have to do priorities,’’ are doubled up to be considered homeless if allow many more homeless unaccom- Mr. Frank said. ‘‘The question is, Which cat- they can show that they will be losing their panied youth, children, and their fami- egory of people are you going to leave housing within seven days. lies, to access HUD services. There’s unhelped?’’ Whatever the number, ‘‘we need to deal He and other Democrats blame President with the most desperate the best that we can still some things to work out with this Bush and Republicans in Congress, saying and keep working’’ toward greater expan- bill, which is why I support a 2-year re- they have directed critical resources toward sion, said Representative Maxine Waters, the authorization of the program. During tax cuts and the war in Iraq instead of mak- California Democrat who heads the House that time, we can work towards fixing ing programs for the poor a priority. Financial Services Subcommittee on Hous- provisions in this bill that don’t seem Still, Mr. Frank has promised to keep ne- ing and Community Opportunity. ‘‘We don’t to line up. gotiating with Republicans to reach agree- want to create competition and have people For example, there is a provision ment on a definition before the bill goes to a at each other’s throats for limited space.’’ that explicitly excludes from HUD’s of- vote. And to help ease the strain where strict Mr. Speaker, homelessness among ficial count of the U.S. homeless popu- definition intersects with limited federal children has become more and more money, the bill would also give communities lation all the homeless children and some flexibility in spending those dollars on pervasive as we face increasing eco- their families that fall under the bill’s people who do not meet the definition. nomic challenges. A study conducted new definition. That doesn’t make The issue is particularly complicated be- by First Focus and the Brookings In- much sense. cause HUD’s narrow definition of homeless- stitute determined that 2 million chil- In addition, the bill directs HUD to ness is not the only one used by the govern- dren will be unfairly affected by the issue new regulations relating to the ment. The Education Department, for in- foreclosure crisis. Many of these chil- newly defined homeless children and stance, which assists homeless students, dren will become homeless. But with- families. I had hoped that this provi- counts as homeless those children who live sion would include a negotiated rule- doubled up with other families or in motels. out this compromise bill, HUD’s very In the 2006–07 school year, the Education narrow definition of ‘‘homeless’’ will making process so that all of the Department categorized 688,174 children as prevent many of these children from stakeholders involved could reach a homeless. But only 32 percent of those chil- qualifying for housing assistance or consensus before a new rule is pro- dren lived in shelters or outdoors. The rest services. posed. However, HUD is not required to failed to meet HUD’s criteria for homeless- It’s hard to believe that anyone do so, and could dismiss one side, the ness and so were ineligible to receive emer- would argue the issue of ‘‘who is home- children’s side, during the rulemaking gency shelter or priority on waiting lists for less’’ when it comes to homeless chil- process. It is my hope that our com- public or subsidized housing. Several advocacy groups, including the Na- dren, but believe it or not, that for the mittee will continue to review this tional Coalition for the Homeless, argue that past 15 years has been the crux of the matter. the HUD definition should more closely mir- debate on this bill. Finally, the bill sets funding restric- ror the Education Department’s. Their ef- As it stands today, HUD’s definition tions on homeless children and fami- forts have been championed by two House includes those individuals on the street lies. It sets up a 10 percent cap on the Republicans, Representatives Judy Biggert or in a shelter, but it excludes hun- funds that local homeless providers can of Illinois and Geoff Davis of Kentucky, who dreds of thousands of children living in use to serve these newly included popu- would like those children identified as home- involuntary and unstable conditions, lations. Were a local homeless provider less by the Education Department or other federal agencies to be eligible for HUD’s shared living arrangements such as to reach the limit, they would be homelessness services. those living temporarily in motels or forced to arbitrarily turn away home- These advocates note that many families hotels or ‘‘couch surfing’’ from house less children and families. Clearly, this live in communities where shelters are full to house. is an issue worth revisiting.

VerDate Aug 31 2005 04:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.010 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10668 CONGRESSIONAL RECORD — HOUSE October 2, 2008 Mr. Speaker, despite these flaws, the tirelessly on the bill until her untimely programs, we wanted to make sure not legislation before us today will allow passing. I believe that she would be to lose this focus in HUD’s homeless HUD to far more effectively com- proud of the work we have undertaken programs. plement the efforts of educators, serv- to bring her bill to this consensus out- Unfortunately, HUD also reported a ice providers, and people like my friend come. I am so pleased that her grand- more discouraging statistic—that fully and constituent, Diane Nilan, of son, Representative ANDRE´ CARSON, is 1.6 million people experienced home- Naperville, Illinois, who has worked so an original cosponsor of H.R. 7221. lessness over the course of the year hard on this issue, as well as Barbara I would also like to thank Represent- studied. Duffield and Jeremy Rosen. ative GWEN MOORE, who stepped into The SPEAKER pro tempore. The Mr. Speaker, this Congress has sup- Representative Carson’s shoes and time of the gentlewoman has expired. ported increased housing availability spearheaded the further movement of Ms. MOORE of Wisconsin. I would and affordability for many low-income this bill. I appreciate Representative yield an additional 2 minutes to the individuals, families facing foreclosure, MOORE’s commitment, because address- gentlelady. and disaster victims. I ask Members to ing homelessness—starting with reau- Ms. WATERS. Thank you very much. continue that trend, and at least allow thorizing the HUD’s McKinney-Vento Too many of these are families with homeless children to qualify for safe programs for the first time in 14 children. Over time, we have learned and stable housing by voting for H.R. years—was a top priority for my sub- that the best way to stop family home- 7221. committee. This bill is informed by 2 lessness is to prevent families from With that, I would reserve the bal- days of subcommittee hearings in the having to enter the homeless system at ance of my time. fall, at which 26 witnesses testified on all, and to move those who do enter it Ms. MOORE of Wisconsin. Again, I the HEARTH Act. back into permanent housing as quick- Finally, I would like to thank Rep- want to thank my colleague for all of ly as possible. In reauthorization, then, resentative GEOFF DAVIS and Rep- her hard work. But in addition to we also wanted to increase resources resentative JUDY BIGGERT for their thanking her, I think it’s really impor- available to homeless and at-risk fami- ACK tireless and passionate advocacy on be- tant to acknowledge Senator J lies. REED and Senator ALLARD, who put a half of homeless children and their H.R. 7221 strikes the right balance great deal of time into this as well. families. Representative DAVIS is the between these two goals. In terms of It’s worth mentioning that we have lead Republican cosponsor of H.R. 840, permanent supportive housing, the bill made one change to the introduced bill. the version of HEARTH that we ensures a continued commitment to Concerns had been raised about the fac- marked up in the Financial Services this intervention, both by setting a tors in the bill, and whether they Committee on July 31. Representative floor on the annual investment HUD would result in adverse changes to cer- BIGGERT, formerly the ranking member must make to new permanent sup- tain communities and the funding for- of my subcommittee, is one of portive housing, and equally impor- mula. Congress’s leading advocates for vul- tantly, places the renewal funding of We fully accounted for those con- nerable families and their children. I rental assistance and operating sub- cerns by using more generic language am proud to say that both of them, as sidies to existing permanent supportive that reinforces the goals and objectives well as Ranking Member CAPITO, are housing on firm footing. of the bill. also original cosponsors of H.R. 7221. Mr. Speaker, I would now yield 5 This is because we, as well as Chair- With respect to homeless families minutes to my colleague, Chair of the man FRANK, remained committed to and children, the bill, first, revolution- Subcommittee on Housing and Commu- continuing our dialogue on the heart- izes the approach of HUD’s formula nity Opportunity, Representative MAX- wrenching issue of who qualifies as ESG grant. Today, this program re- INE WATERS of California. ‘‘homeless’’ under the HUD McKinney- ceives only 10 percent of the annual ap- Ms. WATERS. Mr. Speaker, I rise in Vento programs, even after a chal- propriation, and a mere third of that, support of H.R. 7221, the Homeless lenging markup. Thanks to this shared about 3 percent of the total appropria- Emergency Assistance and Rapid Tran- commitment to improving HUD’s tion, can be spent on homeless preven- sition to Housing Act. This is a major homeless programs, despite strong dis- tion. The ‘‘Emergency Solutions Pro- piece of legislation that has taken an agreement among well-intentioned gram’’ created by this bill emphasizes enormous amount of work to bring to outside stakeholders, we were able to the solution we know works, namely, this point. I believe that, if enacted, negotiate a compromise that allows us homelessness prevention. Therefore, a this bill would substantially improve to move forward. minimum of half of the now 20 percent HUD’s McKinney-Vento Homeless As- To be clear, the conversation around of the annual appropriation dedicated sistance programs, by far the largest the definition is not over. Indeed, the to the new ESG program must be spent component of the Federal response to leadership of the Financial Services on homelessness prevention; that is, on homelessness, with an annual appro- and Education and Labor Committees, households that don’t fall into the priation in the last fiscal year of $1.586 as well as Representatives BIGGERT and HUD definition of homelessness. billion. DAVIS, just sent a letter to the GAO to Second, H.R. 7221 expands the defini- Before getting to the substance of obtain the best information available tion of homelessness to include dou- the bill, first I’d like to acknowledge so that we can continue the discussion bled-up and other poorly housed fami- the work of Senators REED and AL- productively. I look forward to work- lies who face the loss of their current LARD, who both worked diligently for ing with them to ensure that our Na- housing within the next 2 weeks, as many years on S. 1518, the Community tion’s most vulnerable families and well as clarifying that anyone fleeing Partnership to End Homelessness Act. children obtain the housing and social or attempting to flee domestic violence Senator REED and his staff, in par- services they need. or another dangerous condition is to be ticular, devoted enormous amounts of Notably, while we were considering considered homeless. time to this issue. Due to scheduling H.R. 840, they released important new Finally, as a result of our discussions factors beyond their control, the Sen- data on homelessness. First, the num- after markup, we have also included ate was not able to send the bill over to ber of chronically homeless people liv- doubled-up and otherwise poorly us, but H.R. 7221 certainly reflects all ing in the Nation’s streets and shelters housed families who have not lived of their work, including the personal has dropped by about 30 percent in the independently for a period of time, and commitment of time by the Senators last 2 years. This impressive reduction have undergone a series of moves that to come over to this side to testify be- of people stuck in the homeless system harm children, and face significant ob- fore my Housing and Community Op- for literally years at a time is largely stacles—such as disabilities or mul- portunity Subcommittee last October. the result of targeting a portion of tiple barriers to employment—to ob- I would also like to remember my HUD McKinney-Vento resources over taining stable, independent permanent late colleague, Representative Julia the last decade to an effective inter- housing. Carson, who introduced H.R. 840, the vention—permanent supportive hous- Third, the newly created flexibility to use up original HEARTH Act, and worked ing. Therefore, in reauthorizing these to 10 percent of their funding to serve families

VerDate Aug 31 2005 04:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 9920 E:\CR\FM\K02OC7.037 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10669 with children and unaccompanied youth de- on this bill, members of staff here, so the Nation, and for me, especially, I’d fined as homeless under other Federal stat- many team members, that worked hard like to take a moment to share, as I utes but not under the HUD definition, ac- in common cause but, in particular, stand in this Chamber, as I walk the knowledges the incredibly vulnerable status of one person that I have to recognize and halls of Congress tonight, and espe- these families—and our duty to prevent them thank is Linda Young from Welcome cially, for me, what I consider one of from a cycle of falling from their current dou- House in northern Kentucky. Linda the most significant legislative pieces bled-up or other poorly housed situations into was the one who originally brought to affect a generation that is coming the shelters or onto the streets, or continuing this problem of leaving children and up now. on a merry-go-round of doubled up housing families out of the HUD homeless pro- b 1345 situations that wreak havoc on their children. grams to my attention over 2 years I am humbled to be here. I was one of This brings between 20 and 30 percent of ago. She came up to Washington to tes- those children who had to leave in the the annual appropriation, and perhaps more, tify for us about her hands-on experi- middle the night. I was one of those that will be available to homeless housing and ence with this issue, and truly she has children whose mother in desperation services providers who want to serve families been an inspiration, not only here, but married somebody who probably should with children who are doubled up or otherwise to thousands and thousands of the not have been married; a man who was don’t meet the HUD definition of homeless- needy in Kentucky. violent, alcoholic, adulterous, a mean- ness. Rural areas receive even more flexibility As a fiscally conservative Repub- spirited individual. And I know that to serve households who don’t fall under the lican, I fully support the Federal in- feeling to watch as a helpless 6-year- expanded HUD definition of homelessness to vestment in the homeless assistance old when your mother is being hit, and rural communities, responding to what we grant programs. A roof over one’s head to step between those two and to leave goes a long way, but it’s truly the sup- heard at the hearings—that homelessness the house and to hide in the closet, the portive services, combined with hous- doesn’t look the same in rural areas as in big secret that the neighborhood knew ing, that have the biggest impact on cities. In sum, we have truly maximized the re- nothing about. But that reality and changing a person’s path in life. These sources available to homeless children and that pain for us came to salvation by programs lend a helping hand to people families. And, let’s be clear, it’s a lot of new the grace of God, that there were little resources—a multiple of 10 or more times the who want to build a future and pursue islands of opportunity where we could 3 percent available under current law. a dream. This type of Federal assist- take refuge. I would conclude simply by noting that the ance has a lasting and positive impact, The truth though for so many thou- improvements I just described are coupled not only on the recipient, but on our sands is that is not there. They have to with a significant consolidation and stream- communities and, frankly, on the Fed- move to other towns, other school dis- lining of HUD’s administration of the McKin- eral Treasury. tricts and other communities. What ney-Vento programs. In sum, this bill is a To help children, especially now, in this does is provide that island, that major step forward in Federal homeless policy this time, in this formative time, to helping hand. It helps us with our and I urge my colleagues to support it. keep them from becoming part of the weaker brother. It helps us care for Mrs. BIGGERT. Mr. Speaker, I would system in the long-run, a falling into those who are around us in a way that like to yield 7 minutes to the gen- the despair of a hopeless future, it is I believe is responsible, both fiscally tleman from Kentucky, Mr. GEOFF critical that we make this investment and obligation morally. DAVIS, who has worked so hard on this and we give our care providers on the I commend all who have worked on issue. front lines the opportunity to build re- this, and I say God bless you for your Mr. DAVIS of Kentucky. Mr. Speak- lationships that will transform lives. efforts. er, we have come a long way since My primary goal in cosponsoring the Ms. MOORE of Wisconsin. Mr. Speak- Julia Carson and I introduced the HEARTH Act was to increase local er, I reserve the balance of my time. original version of this bill, H.R. 840, flexibility. Homelessness in Kentucky’s Mrs. BIGGERT. Mr. Speaker, I yield nearly 2 years ago. The McKinney- Fourth District is not the same as it is myself such time as I may consume to Vento programs haven’t been reauthor- in California, for example. Local con- engage in a colloquy with the chairman ized in nearly 15 years, and I am glad tinuums and providers should have the of the Housing Subcommittee of the that the HEARTH Act was able to get flexibility to tailor their programs and Financial Services Committee. this important discussion going again grant funding to meet their unique I would like to thank the chair- in Congress. needs, and not have Washington bu- woman and express my appreciation for The Financial Services Committee reaucrats try to give a one-size-fits-all all she has done for this, and to express held two hearings on this issue last solution for the definition of homeless- my appreciation to my other chairman, year, and the testimony that we heard, ness. Mr. GEORGE MILLER, for his out- from the providers especially, had a This is all about acknowledging that standing work on behalf of homeless large impact to give us all a reality homelessness looks different in dif- people, and for working with our Fi- check on the different types of home- ferent parts of the country. Homeless- nancial Services Committee to recog- lessness we are facing in this Nation. ness has many faces that for the most nize the educational and housing needs For example, in my part of the Nation, part go unseen by the public at large. of homeless children and youth. I in the heartland in Kentucky, I’d like They walk by us every day in the shop- would also like to thank Representa- to call it homelessness in plain sight. ping mall and on the street. We see tive MCCARTHY and Representative We have very few of the classic HUD them passing us in the stores and in GEOFF DAVIS for their work as well. definition of homeless but, in reality, the parks and, regrettably, even in our As you know, the Education and the vast majority, overwhelmingly so, churches. We look the other way be- Labor Committee has jurisdiction for are single parents with small children; cause we don’t have eyes to see. But if the McKinney-Vento Education For more often than not, a battered woman we open our eyes, if we ask for that Homeless Children Act, the Runaway with small children. gift, and we see, then we are called to and Homeless Youth Act and Head It’s especially poignant for me to be action to make a difference. Start. H.R. 7221 will broaden HUD’s def- here today, and I have to thank my I am thrilled to see that we have inition of homelessness to include a friend and former office neighbor, the come to a compromise with the Senate subset of children and youth who meet late Congresswoman Julia Carson. I on the definition issue. The com- the definition of homelessness used by was honored that she asked me to join promise includes homeless families and other Federal statutes. We appreciate originally to work on this bill with her. unaccompanied youth identified by the inclusion of these children, and be- I give special thanks to my congres- other Federal agencies. In HUD’s defi- lieve it is a step in the right direction. sional classmate, Congresswoman nition, this was a problem. In particular, it covers those children GWEN MOORE, for helping me to keep This is a huge step towards ending and youth who, either on their own or this issue at the top of the committee’s homelessness. I thank everybody who as part of a family, have experienced a priorities. has worked on this across the country, long-term period without living stably I’d also like to recognize the tireless those here in the Chamber and on the or independently in permanent hous- work of all of the homeless advocates Hill, those in our communities around ing.

VerDate Aug 31 2005 03:07 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.008 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10670 CONGRESSIONAL RECORD — HOUSE October 2, 2008 Madam Chairwoman, as this term Representative GEOFF DAVIS and Rep- to those who are homeless or in vulnerable ‘‘long-term period’’ is open to interpre- resentative MCCARTHY. I look forward housing situations, acknowledge and study the tation, is it the committee’s intention to working with you moving forward high rates of homelessness among our Na- that any regulation that interprets on this issue. tion’s veterans and recognize the critical role this provision would acknowledge that I reserve the balance of my time. our schools play in preventing and ending ‘‘long-term period’’ should be viewed Ms. MOORE of Wisconsin. Mr. Speak- homelessness among children. from the perspective of children and er, I have no further speakers, and I re- I serve in the seat previously represented by recognize their unique developmental serve the balance of my time in pursuit Stewart McKinney. Stewart served as the needs? of eagerly hearing from other speakers ranking Republican on the House Banking Ms. WATERS. Absolutely. The com- that Mrs. BIGGERT may bring forth. Subcommittee on Housing, as well as the mittee recognizes that the expansion of Mrs. BIGGERT. I have no other House Committee on the District of Columbia. the definition of homelessness to in- speakers, but I would yield myself such It was in this capacity that he became espe- clude these children and families was time as I may consume to close. cially concerned about homelessness, particu- carried out with the intention of ad- I spoke earlier a little bit about my larly in our capital city. dressing the unique experiences of chil- friend and constituent Diane Nilan of He loved urban areas and like our colleague dren and youth who are homeless. Naperville, Illinois, who has done so Bruce Vento, he recognized homelessness is Mrs. BIGGERT. Madam Chairman, it much for the homeless. She has worked a national problem that requires a national so- is also our committee’s understanding tirelessly for 20 years to provide a lution. that the legislation before us allows home for homeless children and fami- Stewart’s commitment to exposing the depth families and youth who meet other lies across the country, and I think she of the growing problem of homelessness in Federal programs’ definitions of home- has seen firsthand the mental, physical the 1980s led him to contract pneumonia after lessness and have experienced insta- and emotional degradation that chil- sleeping on a grate outside a Federal building bility as experienced by frequent dren and families experience with with DC area homeless. moves to be considered homeless for homelessness. Shortly after his death on May 7, 1987, his HUD’s purposes. In her testimony before the Financial family, friends and staff gathered to discuss Am I correct in understanding that Services Committee last October she how to continue his philosophy of caring for the intent of this provision is to ensure said, ‘‘Homeless service providers in those who are the least able to care for them- that the full measures of challenges communities of all sizes await the day selves. facing homeless families and unaccom- that HUD provides the opportunity for They created the Stewart B. McKinney panied youth are addressed, including people in all homeless situations to re- Foundation, an organization whose mission is programs related to changes of school ceive the assistance they need. They to provide funds to care for persons with HIV and educational progress that can be long to be free to focus on easing home- who are homeless or at risk of homelessness. caused by frequent moves? lessness as it appears in their commu- Today, Lucie McKinney continues the work Ms. WATERS. Yes, you are abso- nities, on the street, doubled up or in Stewart began in his memory, and keeps his lutely correct. motels, instead of having their hands spirit alive in this precious foundation. Mrs. BIGGERT. Madam Chairman, by tied with arbitrary rules and restric- Stewart was beloved by his colleagues on including language that acknowledges tions. They desire Federal resources to both sides of the aisle. Reading the tributes the various definitions of homelessness supplement local efforts to house and that were offered to Stewart on this House in other Federal statutes, is it the assist the growing number of families floor on the day of his death, I was struck by committee’s intention that HUD’s without a place to call home.’’ his colleagues’ appreciation for his humanity, homeless assistance programs should I would also like to thank Carol warm spirit, bipartisanship, and dedication to consider information provided by these Simler of DuPage PADS and all the doing good. Federal programs in determining eligi- wonderful people in my district who Mrs. BIGGERT. I yield back the bal- bility under this section and that HUD- help with homelessness. I know we all ance of my time. funded homeless providers should be have so many stories in all of our dis- Ms. MOORE of Wisconsin. Mr. Speak- encouraged to engage with homeless tricts. er, I yield back the balance of my time. providers receiving funds from other With that, I would urge my col- The SPEAKER pro tempore. The Federal agencies to utilize their assess- leagues to vote for this bill. question is on the motion offered by ments and counsel in making eligi- Mr. SHAYS. Mr. Speaker, I support H.R. the gentlewoman from Wisconsin (Ms. bility requirements? 7221, the Community Partnership to End MOORE) that the House suspend the Ms. WATERS. Yes. Federal programs Homelessness Act, and urge my colleagues to rules and pass the bill, H.R. 7221, as must work together to meet the needs support the reauthorization of this important amended. of families and unaccompanied youth, legislation. The question was taken. and that collaboration should include The Stewart B. McKinney Homeless Assist- The SPEAKER pro tempore. In the information needed for eligibility deci- ance Act, now known as the McKinney-Vento opinion of the Chair, two-thirds being sions. Homeless Assistance Act, was first enacted in in the affirmative, the ayes have it. Mrs. BIGGERT. Madam Chairman, 1987 as the first major, coordinated Federal Ms. MOORE of Wisconsin. Mr. Speak- lastly, we want to thank you for ex- response to homelessness. McKinney-Vento er, on that I demand the yeas and nays. panding the definition of homeless to homeless assistance programs were last reau- The yeas and nays were ordered. include youth who are unaccompanied thorized in the Housing and Community Devel- The SPEAKER pro tempore. Pursu- and who are experiencing several bar- opment Act of 1992. Since then, Congress ant to clause 8 of rule XX and the riers simultaneously. has considered numerous proposals to im- Chair’s prior announcement, further Am I correct in understanding that prove the program but not completed a full re- proceedings on this motion will be the many problems experienced by authorization of the legislation. postponed. youth because they lack a parent, legal Passed in response to the rapid and dra- guardian or consistent caregiver should matic growth of homelessness in the United f be considered barriers for employment States during the 1980s, the McKinney Act MESSAGE FROM THE SENATE that are described in paragraph 6(c) of emphasized emergency measures, transitional A message from the Senate by Ms. the definition? measures, and long-term solutions to combat Curtis, one of its clerks, announced Ms. WATERS. Yes. We know that the homeless crisis. that the Senate has passed without there are many obstacles that keep Despite the impact of the McKinney-Vento amendment bills of the House of the these youth from obtaining stable Act, homelessness continues to be a perva- following titles: housing, including barriers to employ- sive problem in America. It is important Con- H.R. 3480. An act to direct the United ment and their unaccompanied status, gress support a comprehensive range of pro- States Sentencing Commission to assure ap- and we expect HUD to take the issues grams beyond emergency food, shelter and propriate punishment enhancements for you raised into consideration. health care services for the homeless. those involved in receiving stolen property Mrs. BIGGERT. Again, Madam Chair- We must promote the development of af- where that property consists of grave mark- man, thank you for all your work, and fordable housing, provide supportive services ers of veterans, and for other purposes.

VerDate Aug 31 2005 03:07 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.040 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10671 H.R. 6296. An act to extend through 2013 [Roll No. 676] Pearce Sa´ nchez, Linda Taylor the authority of the Federal Election Com- Pence T. Terry mission to impose civil money penalties on YEAS—410 Perlmutter Sanchez, Loretta Thompson (CA) Peterson (MN) Sarbanes Abercrombie Deal (GA) Kanjorski Thornberry the basis of a schedule of penalties estab- Peterson (PA) Saxton Ackerman DeFazio Kaptur Tiahrt lished and published by the Commission. Petri Scalise Aderholt DeGette Keller Tiberi H.R. 7082. An act to amend the Internal Pickering Schakowsky Akin Delahunt Kennedy Tierney Revenue Code of 1986 to permit the Secretary Pitts Schiff Alexander DeLauro Kildee Towns Platts Schmidt of the Treasury to disclose certain prisoner Tsongas Allen Dent Kilpatrick Poe Schwartz return information to the Federal Bureau of Altmire Diaz-Balart, L. Kind Turner Prisons, and for other purposes. Pomeroy Scott (GA) Andrews Diaz-Balart, M. King (IA) Porter Scott (VA) Udall (NM) f Arcuri Dicks King (NY) Price (GA) Sensenbrenner Upton Baca Dingell Kirk Price (NC) Serrano Van Hollen RECESS Bachmann Doggett Klein (FL) Putnam Sessions Vela´ zquez Bachus Donnelly Kline (MN) Radanovich Sestak Visclosky The SPEAKER pro tempore. Pursu- Baird Doolittle Knollenberg Rahall Shadegg Walberg ant to clause 12(a) of rule I, the Chair Baldwin Doyle Kucinich Ramstad Shays Walden (OR) declares the House in recess subject to Barrett (SC) Drake Kuhl (NY) Rangel Shea-Porter Walsh (NY) Barrow Dreier LaHood Regula Sherman Walz (MN) the call of the Chair. Bartlett (MD) Duncan Lamborn Rehberg Shimkus Wamp Barton (TX) Edwards (MD) Lampson Accordingly (at 1 o’clock and 55 min- Reichert Shuler Waters Bean Edwards (TX) Langevin utes p.m.), the House stood in recess Renzi Shuster Watson Becerra Ehlers Larsen (WA) Reyes Simpson Watt subject to the call of the Chair. Berkley Ellison Larson (CT) Reynolds Sires Waxman Berman Ellsworth Latham f Richardson Skelton Weiner Berry Emanuel LaTourette Rodriguez Slaughter Biggert Emerson Latta Welch (VT) AFTER RECESS Rogers (AL) Smith (NE) Weldon (FL) Bilbray Engel Lee Rogers (KY) Smith (NJ) Weller The recess having expired, the House Bilirakis English (PA) Levin Rogers (MI) Smith (TX) Westmoreland was called to order by the Speaker pro Bishop (GA) Eshoo Lewis (CA) Rohrabacher Smith (WA) Bishop (NY) Etheridge Lewis (GA) Wexler tempore (Mr. HOLDEN) at 5 o’clock and Ros-Lehtinen Snyder Bishop (UT) Everett Lewis (KY) Roskam Solis Whitfield (KY) 5 minutes p.m. Blackburn Fallin Linder Ross Souder Wilson (NM) Blumenauer Farr Lipinski Wilson (OH) f Rothman Speier Blunt Fattah LoBiondo Roybal-Allard Spratt Wilson (SC) Boehner Feeney Loebsack FURTHER MESSAGE FROM THE Royce Stearns Wittman (VA) Bonner Filner Lofgren, Zoe Ruppersberger Stupak Wolf SENATE Bono Mack Forbes Lowey Rush Sullivan Woolsey Boozman Fortenberry Lucas A further message from the Senate Ryan (OH) Sutton Wu Boren Fossella Lungren, Daniel Ryan (WI) Tancredo Yarmuth by Ms. Curtis, one of its clerks, an- Boswell Foster E. Salazar Tanner Young (AK) nounced that the Senate has passed Boucher Foxx Lynch Sali Tauscher Young (FL) with an amendment in which the con- Boustany Frank (MA) Mack Boyd (FL) Franks (AZ) Mahoney (FL) NAYS—2 currence of the House is requested, a Boyda (KS) Frelinghuysen Manzullo bill of the House of the following title: Brady (PA) Gallegly Marchant Flake Paul H.R. 6469. An act to amend the Public Brady (TX) Garrett (NJ) Markey Braley (IA) Gerlach Marshall Health Service Act to authorize increased Broun (GA) Giffords Matheson NOT VOTING—21 Federal funding for the Organ Procurement Brown (SC) Gillibrand Matsui Carnahan Gutierrez Space and Transplantation Network. Brown, Corrine Gingrey McCarthy (CA) Clay Hulshof Stark Brown-Waite, Gohmert McCarthy (NY) Conyers Hunter f Thompson (MS) Ginny Gonzalez McCaul (TX) Crowley Kingston Udall (CO) ANNOUNCEMENT BY THE SPEAKER Buchanan Goode McCollum (MN) Cubin Maloney (NY) Wasserman Burgess Goodlatte McCotter Ferguson Moran (KS) Schultz PRO TEMPORE Burton (IN) Gordon McCrery Gilchrest Murphy, Patrick Butterfield Granger McDermott Graves Pryce (OH) The SPEAKER pro tempore. Pursu- Buyer Green, Al McGovern ant to clause 8 of rule XX, proceedings Calvert Green, Gene McHenry will resume on motions to suspend the Camp (MI) Grijalva McHugh b 1727 rules previously postponed. Campbell (CA) Hall (NY) McIntyre Cannon Hall (TX) McKeon Mr. PAYNE changed his vote from Votes will be taken in the following Cantor Hare McMorris ‘‘nay’’ to ‘‘yea.’’ order: Capito Harman Rodgers S. 3641, by the yeas and nays; Capps Hastings (FL) McNerney So (two-thirds being in the affirma- H.R. 7221, by the yeas and nays. Capuano Hastings (WA) McNulty tive) the rules were suspended and the Cardoza Hayes Meek (FL) Senate bill was passed. The vote on S. 3197 will be taken to- Carney Heller Meeks (NY) morrow. Carson Hensarling Melancon The result of the vote was announced The first electronic vote will be con- Carter Herger Mica as above recorded. Castle Herseth Sandlin Michaud ducted as a 15-minute vote. Remaining Castor Higgins Miller (FL) Mr. CANNON. Mr. Speaker, I move to electronic votes will be conducted as 5- Cazayoux Hill Miller (MI) reconsider the vote. minute votes. Chabot Hinchey Miller (NC) Chandler Hinojosa Miller, Gary MOTION TO TABLE f Childers Hirono Miller, George Mr. HASTINGS of Florida. Mr. Clarke Hobson Mitchell NATIONAL CRIME VICTIM LAW Cleaver Hodes Mollohan Speaker, I move to table the motion to INSTITUTE REAUTHORIZATION Clyburn Hoekstra Moore (KS) reconsider. Coble Holden Moore (WI) The SPEAKER pro tempore. The The SPEAKER pro tempore. The un- Cohen Holt Moran (VA) finished business is the vote on the mo- Cole (OK) Honda Murphy (CT) question is on the motion to table. Conaway Hooley Murphy, Tim The question was taken; and the tion to suspend the rules and pass the Cooper Hoyer Murtha Senate bill, S. 3641, on which the yeas Costa Inglis (SC) Musgrave Speaker pro tempore announced that and nays were ordered. Costello Inslee Myrick the ayes appeared to have it. The Clerk read the title of the Senate Courtney Israel Nadler Cramer Issa Napolitano RECORDED VOTE bill. Crenshaw Jackson (IL) Neal (MA) Mr. HASTINGS of Florida. Mr. The SPEAKER pro tempore. The Cuellar Jackson-Lee Neugebauer Speaker, I demand a recorded vote. question is on the motion offered by Culberson (TX) Nunes Cummings Jefferson Oberstar A recorded vote was ordered. the gentleman from Michigan (Mr. Davis (AL) Johnson (GA) Obey CONYERS) that the House suspend the Davis (CA) Johnson (IL) Olver The SPEAKER pro tempore. This rules and pass the Senate bill, S. 3641. Davis (IL) Johnson, E. B. Ortiz will be a 5-minute vote. The vote was taken by electronic de- Davis (KY) Johnson, Sam Pallone The vote was taken by electronic de- Davis, David Jones (NC) Pascrell vice, and there were—yeas 410, nays 2, Davis, Lincoln Jordan Pastor vice, and there were—ayes 295, noes 115, not voting 21, as follows: Davis, Tom Kagen Payne not voting 23, as follows:

VerDate Aug 31 2005 04:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.007 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10672 CONGRESSIONAL RECORD — HOUSE October 2, 2008 [Roll No. 677] Weller Wilson (SC) Yarmuth [Roll No. 678] Wexler Wolf Young (FL) AYES—295 Wilson (NM) Woolsey YEAS—355 Wilson (OH) Wu Abercrombie Foster Moore (WI) Abercrombie Doyle Loebsack Ackerman Franks (AZ) Moran (VA) NOES—115 Ackerman Drake Lofgren, Zoe Allen Frelinghuysen Murphy (CT) Aderholt Dreier Lowey Altmire Garrett (NJ) Murphy, Tim Aderholt Foxx Neugebauer Alexander Edwards (MD) Lucas Akin Gallegly Paul Andrews Gerlach Murtha Allen Edwards (TX) Lungren, Daniel Alexander Gingrey Pence Arcuri Giffords Nadler Altmire Ehlers E. Bachmann Gohmert Peterson (PA) Baca Gillibrand Napolitano Andrews Ellison Lynch Bachus Granger Pitts Baird Gonzalez Neal (MA) Arcuri Ellsworth Mahoney (FL) Bartlett (MD) Graves Platts Baldwin Goode Nunes Baca Emanuel Maloney (NY) Barton (TX) Hall (TX) Poe Barrett (SC) Goodlatte Oberstar Bachmann Emerson Manzullo Biggert Hastings (WA) Price (GA) Barrow Gordon Obey Bachus Engel Markey Bilbray Heller Radanovich Bean Green, Al Olver Baird English (PA) Marshall Bilirakis Hensarling Regula Becerra Green, Gene Ortiz Baldwin Eshoo Matheson Blackburn Herger Rehberg Berkley Hall (NY) Pallone Barrow Etheridge Matsui Boehner Hobson Renzi McCarthy (CA) Berman Hare Pascrell Bonner Issa Reynolds Bartlett (MD) Fallin Berry Harman Pastor Boozman Johnson (IL) Rogers (AL) Barton (TX) Farr McCarthy (NY) Bishop (GA) Hastings (FL) Payne Boustany Johnson, Sam Rogers (KY) Bean Fattah McCaul (TX) Bishop (NY) Hayes Pearce Brady (TX) Keller Rohrabacher Becerra Feeney McCollum (MN) Bishop (UT) Herseth Sandlin Perlmutter Broun (GA) King (NY) Ros-Lehtinen Berkley Filner McCotter Blumenauer Higgins Peterson (MN) Brown-Waite, Kirk Royce Berman Forbes McCrery Blunt Hill Petri Ginny Knollenberg Ryan (WI) Berry Fortenberry McDermott Bono Mack Hinchey Pickering Burton (IN) Kuhl (NY) Sali Biggert Fossella McGovern Boren Hinojosa Pomeroy Buyer Lamborn Saxton Bilbray Foster McHugh Boswell Hirono Porter Calvert Latham Scalise Bilirakis Frank (MA) McIntyre Boucher Hodes Price (NC) Cannon LaTourette Sensenbrenner Bishop (GA) Frelinghuysen McKeon Boyd (FL) Hoekstra Putnam Cantor Lewis (CA) Sessions Bishop (NY) Gallegly McMorris Boyda (KS) Holden Rahall Carter Lewis (KY) Shimkus Bishop (UT) Gerlach Rodgers Brady (PA) Holt Ramstad Cole (OK) Lucas Shuster Blumenauer Giffords McNerney Braley (IA) Honda Rangel Crenshaw Marchant Smith (NJ) Blunt Gillibrand McNulty Brown (SC) Hooley Reichert Culberson McCaul (TX) Stearns Boehner Gonzalez Meek (FL) Brown, Corrine Hoyer Reyes Davis (KY) McCotter Sullivan Bonner Gordon Meeks (NY) Buchanan Inglis (SC) Richardson Davis, David McCrery Tancredo Bono Mack Granger Melancon Burgess Inslee Rodriguez Deal (GA) McHenry Thornberry Boozman Graves Mica Butterfield Israel Rogers (MI) Diaz-Balart, L. McKeon Upton Boren Green, Al Michaud Camp (MI) Jackson (IL) Roskam Diaz-Balart, M. McMorris Walberg Boswell Green, Gene Miller (MI) Campbell (CA) Jackson-Lee Ross Dreier Rodgers Walsh (NY) Boucher Grijalva Miller (NC) Capito (TX) Rothman Duncan Mica Wamp Boustany Hall (NY) Miller, Gary Capps Jefferson Roybal-Allard Everett Miller (MI) Westmoreland Boyd (FL) Hare Miller, George Capuano Johnson (GA) Ruppersberger Feeney Miller, Gary Whitfield (KY) Boyda (KS) Harman Mitchell Cardoza Johnson, E. B. Rush Flake Musgrave Wittman (VA) Brady (PA) Hastings (FL) Mollohan Carney Jones (NC) Ryan (OH) Fossella Myrick Young (AK) Brady (TX) Hayes Moore (KS) Carson Jordan Salazar Braley (IA) Heller Moore (WI) Castle Kagen Sa´ nchez, Linda NOT VOTING—23 Brown (SC) Herger Moran (KS) Castor Kanjorski T. Brown, Corrine Herseth Sandlin Moran (VA) Carnahan Gutierrez Pryce (OH) Cazayoux Kaptur Sanchez, Loretta Brown-Waite, Higgins Murphy (CT) Clay Hulshof Shays Chabot Kennedy Sarbanes Ginny Hill Murphy, Tim Crowley Hunter Space Chandler Kildee Schakowsky Buchanan Hinchey Murtha Cubin Kingston Stark Childers Kilpatrick Schiff Burgess Hinojosa Myrick Ferguson Maloney (NY) Thompson (MS) Clarke Kind Schmidt Butterfield Hirono Nadler Frank (MA) Mollohan Udall (CO) Cleaver King (IA) Schwartz Calvert Hobson Napolitano Gilchrest Moran (KS) Wasserman Clyburn Klein (FL) Scott (GA) Camp (MI) Hodes Neal (MA) Grijalva Murphy, Patrick Schultz Coble Kline (MN) Scott (VA) Cannon Hoekstra Oberstar Cohen Kucinich Serrano Capito Holden Obey Conaway LaHood Sestak b 1736 Capps Holt Olver Conyers Lampson Shadegg So the motion to table was agreed to. Capuano Honda Ortiz Cooper Langevin Shea-Porter Cardoza Hooley Pallone Costa Larsen (WA) Sherman The result of the vote was announced Carney Hoyer Pascrell Costello Larson (CT) Shuler as above recorded. Carson Inslee Pastor Courtney Latta Simpson Castle Israel Payne Cramer Lee Sires f Castor Issa Pearce Cuellar Levin Skelton Cazayoux Jackson (IL) Perlmutter Cummings Lewis (GA) Slaughter PERSONAL EXPLANATION Chabot Jackson-Lee Peterson (MN) Davis (AL) Linder Smith (NE) Mr. MORAN of Kansas. Mr. Speaker, on Chandler (TX) Peterson (PA) Davis (CA) Lipinski Smith (TX) Childers Jefferson Petri Davis (IL) LoBiondo Smith (WA) rollcall nos. 676 and 677, I was inadvertantly Clarke Johnson (GA) Pickering Davis, Lincoln Loebsack Snyder detained because of flight delays. Had I been Cleaver Johnson (IL) Platts Davis, Tom Lofgren, Zoe Solis present, I would have voted ‘‘aye’’ on rollcall Clyburn Johnson, E. B. Pomeroy DeFazio Lowey Souder Coble Jones (NC) Porter DeGette Lungren, Daniel Speier No. 676 and ‘‘yea’’ on rollcall No. 677. Cohen Kagen Price (NC) Delahunt E. Spratt f Cole (OK) Kanjorski Putnam DeLauro Lynch Stupak Conyers Kaptur Rahall Dent Mack Sutton HOMELESS EMERGENCY ASSIST- Cooper Keller Ramstad Dicks Mahoney (FL) Tanner Costa Kennedy Rangel Dingell Manzullo Tauscher ANCE AND RAPID TRANSITION Costello Kildee Regula Doggett Markey Taylor TO HOUSING ACT OF 2008 Courtney Kilpatrick Rehberg Donnelly Marshall Terry Cramer Kind Reichert Doolittle Matheson Thompson (CA) The SPEAKER pro tempore. The un- Crenshaw King (NY) Renzi Doyle Matsui Tiahrt finished business is the vote on the mo- Cuellar Kirk Reyes Drake McCarthy (CA) Tiberi tion to suspend the rules and pass the Cummings Klein (FL) Reynolds Edwards (MD) McCarthy (NY) Tierney Davis (AL) Knollenberg Richardson Edwards (TX) McCollum (MN) Towns bill, H.R. 7221, as amended, on which Davis (CA) Kucinich Rodriguez Ehlers McDermott Tsongas the yeas and nays were ordered. Davis (IL) Kuhl (NY) Rogers (AL) Ellison McGovern Turner The Clerk read the title of the bill. Davis (KY) LaHood Rogers (KY) Ellsworth McHugh Udall (NM) The SPEAKER pro tempore. The Davis, Lincoln Lampson Rogers (MI) Emanuel McIntyre Van Hollen Davis, Tom Langevin Ros-Lehtinen Emerson McNerney Vela´ zquez question is on the motion offered by DeFazio Larsen (WA) Ross Engel McNulty Visclosky the gentlewoman from Wisconsin (Ms. DeGette Larson (CT) Rothman English (PA) Meek (FL) Walden (OR) MOORE) that the House suspend the Delahunt Latham Roybal-Allard Eshoo Meeks (NY) Walz (MN) DeLauro LaTourette Ruppersberger Etheridge Melancon Waters rules and pass the bill, H.R. 7221, as Dent Latta Rush Fallin Michaud Watson amended. Diaz-Balart, L. Lee Ryan (OH) Farr Miller (FL) Watt This will be a 5-minute vote. Diaz-Balart, M. Levin Ryan (WI) Fattah Miller (NC) Waxman The vote was taken by electronic de- Dicks Lewis (CA) Salazar Filner Miller, George Weiner Dingell Lewis (GA) Sa´ nchez, Linda Forbes Mitchell Welch (VT) vice, and there were—yeas 355, nays 61, Doggett Lipinski T. Fortenberry Moore (KS) Weldon (FL) not voting 17, as follows: Donnelly LoBiondo Sanchez, Loretta

VerDate Aug 31 2005 03:07 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.016 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10673 Sarbanes Solis Walden (OR) The Clerk read the title of the con- Sec. 402. Duties of employees of Capitol Guide Saxton Souder Walsh (NY) Service. Schakowsky Speier Walz (MN) current resolution. Schiff Spratt Wamp The SPEAKER pro tempore. Is there Subtitle B—Office of Congressional Accessibility Schmidt Stupak Waters objection to the request of the gen- Services Schwartz Sutton Watson tleman from Missouri? Sec. 411. Office of Congressional Accessibility Scott (GA) Tanner Watt There was no objection. Services. Scott (VA) Tauscher Waxman Sec. 412. Transfer from Capitol Guide Service. Serrano Taylor Weiner The text of the concurrent resolution Sestak Terry Welch (VT) is as follows: Subtitle C—Transfer Date and Technical and Shays Thompson (CA) Weldon (FL) H. CON. RES. 442 Conforming Amendments Shea-Porter Thornberry Weller Resolved by the House of Representatives (the Sec. 421. Transfer date. Sherman Tiahrt Wexler Sec. 422. Technical and conforming amend- Shimkus Tiberi Whitfield (KY) Senate concurring), That in the enrollment of Shuler Tierney Wilson (NM) the bill S. 3001, the Secretary of the Senate ments. Simpson Towns Wilson (OH) shall make the following corrections: TITLE V—MISCELLANEOUS PROVISIONS Sires Tsongas Wilson (SC) (1) In section 201(1), strike ‘‘$11,045,052,000’’ Sec. 501. Jurisdictions unaffected. Skelton Turner Wittman (VA) and insert ‘‘$10,943,840,000’’. Sec. 502. Student loan repayment authority. Slaughter Udall (NM) Wolf Smith (NE) Upton Woolsey (2) In section 202(a), strike ‘‘$11,799,660’’ and Sec. 503. Acceptance of volunteer services. Smith (NJ) Van Hollen Wu insert ‘‘$11,799,660,000’’. Sec. 504. Coins treated as gifts. Smith (TX) Vela´ zquez Yarmuth The concurrent resolution was agreed Sec. 505. Flexible work schedule pilot program. Smith (WA) Visclosky Young (AK) to. TITLE VI—AUTHORIZATION OF Snyder Walberg Young (FL) A motion to reconsider was laid on APPROPRIATIONS NAYS—61 the table. Sec. 601. Authorization of appropriations. Akin Gohmert Paul f TITLE I—CAPITOL VISITOR CENTER Barrett (SC) Goode Pence SEC. 101. DESIGNATION OF FACILITY AS CAPITOL Blackburn Goodlatte Pitts CAPITOL VISITOR CENTER ACT OF VISITOR CENTER; PURPOSES OF FA- Broun (GA) Hall (TX) Poe 2008 CILITY; TREATMENT OF THE CAP- Burton (IN) Hastings (WA) Price (GA) ITOL VISITOR CENTER. Buyer Hensarling Mr. BRADY of Pennsylvania. Mr. Radanovich ESIGNATION Campbell (CA) Inglis (SC) (a) D .—The facility authorized for Rohrabacher Speaker, I ask unanimous consent to construction under the heading ‘‘CAPITOL VIS- Cantor Johnson, Sam Roskam Carter Jordan take from the Speaker’s table the bill ITOR CENTER’’ under chapter 5 of title II of divi- Royce Conaway King (IA) (H.R. 5159) to establish the Office of the sion B of the Omnibus Consolidated and Emer- Sali Culberson Kline (MN) Capitol Visitor Center within the Of- gency Supplemental Appropriations Act, 1999 Davis, David Lamborn Scalise Sensenbrenner fice of the Architect of the Capitol, (Public Law 105–277; 112 Stat. 2681–569) is des- Deal (GA) Lewis (KY) ignated as the Capitol Visitor Center and is a Doolittle Linder Sessions headed by the Chief Executive Officer part of the Capitol. Duncan Mack Shadegg for Visitor Services, to provide for the (b) PURPOSES OF THE FACILITY.—The Capitol Everett Marchant Shuster effective management and administra- Flake McHenry Stearns Visitor Center shall be used— Foxx Miller (FL) Sullivan tion of the Capitol Visitor Center, and (1) to provide enhanced security for persons Franks (AZ) Musgrave Tancredo for other purposes, with a Senate working in or visiting the United States Capitol; Garrett (NJ) Neugebauer Westmoreland amendment thereto, and concur in the (2) to improve the visitor experience by pro- Gingrey Nunes Senate amendment. viding a structure that will afford improved vis- NOT VOTING—17 The Clerk read the title of the bill. itor orientation and enhance the educational experience of those who have come to learn Carnahan Gutierrez Space The Clerk read the Senate amend- Clay Hulshof Stark ment, as follows: about the Congress and the Capitol; and (3) for other purposes as determined by Con- Crowley Hunter Thompson (MS) Senate amendment: gress or the Committee on Rules and Adminis- Cubin Kingston Udall (CO) Strike all after the enacting clause and in- tration of the Senate and the Committee on Ferguson Murphy, Patrick Wasserman sert the following: Gilchrest Pryce (OH) Schultz House Administration of the House of Rep- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. resentatives. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE (a) SHORT TITLE.—This Act may be cited as (c) TREATMENT OF THE CAPITOL VISITOR CEN- The SPEAKER pro tempore (during the ‘‘Capitol Visitor Center Act of 2008’’. TER.— (b) TABLE OF CONTENTS.—The table of con- the vote). Two minutes remain in this (1) OVERSIGHT.—The Committee on Rules and vote. tents for this Act is as follows: Administration of the Senate and the Committee Sec. 1. Short title; table of contents. on House Administration of the House of Rep- b 1744 TITLE I—CAPITOL VISITOR CENTER resentatives shall have oversight of the Capitol Mr. NUNES and Mr. SHUSTER Sec. 101. Designation of facility as Capitol Vis- Visitor Center. changed their vote from ‘‘yea’’ to itor Center; purposes of facility; (2) TREATMENT OF EXPANSION SPACE OF THE ‘‘nay.’’ treatment of the Capitol Visitor SENATE AND HOUSE OF REPRESENTATIVES IN THE CAPITOL VISITOR CENTER.— So (two-thirds being in the affirma- Center. Sec. 102. Designation and naming within the (A) SENATE.—The expansion space of the Sen- tive) the rules were suspended and the Capitol Visitor Center. ate described as unassigned space under the bill, as amended, was passed. Sec. 103. Use of the Emancipation Hall of the heading ‘‘CAPITOL VISITOR CENTER’’ under the The result of the vote was announced Capitol Visitor Center. heading ‘‘ARCHITECT OF THE CAPITOL’’ as above recorded. TITLE II—OFFICE OF THE CAPITOL under title II of the Act entitled ‘‘An Act mak- A motion to reconsider was laid on VISITOR CENTER ing appropriations for the Legislative Branch for the fiscal year ending September 30, 2002, the table. Sec. 201. Establishment. and for other purposes’’, approved November 12, f Sec. 202. Appointment and supervision of Chief Executive Officer for Visitor Serv- 2001 (Public Law 107–68; 115 Stat. 588) shall be PERSONAL EXPLANATION ices. part of the Senate wing of the Capitol. Sec. 203. General duties of Chief Executive Offi- (B) HOUSE OF REPRESENTATIVES.—The expan- Mr. GUTIERREZ. Mr. Speaker, I was un- cer. sion space of the House of Representatives de- avoidably absent from this Chamber today. I Sec. 204. Assistant to the Chief Executive Offi- scribed as unassigned space under the heading would like the RECORD to show that, had I cer. ‘‘CAPITOL VISITOR CENTER’’ under the heading been present, I would have voted ‘‘yea’’ on Sec. 205. Gift shop. ‘‘ARCHITECT OF THE CAPITOL’’ under title II of the Act entitled ‘‘An Act making appro- rollcall votes 676, 677 and 678. Sec. 206. Food service operations. TITLE III—CAPITOL VISITOR CENTER priations for the Legislative Branch for the fis- f REVOLVING FUND cal year ending September 30, 2002, and for other purposes’’, approved November 12, 2001 CORRECTING ENROLLMENT OF S. Sec. 301. Establishment and accounts. (Public Law 107–68; 115 Stat. 588) shall be part Sec. 302. Deposits in the Fund. 3001, DUNCAN HUNTER NATIONAL of the House of Representatives wing of the Sec. 303. Use of monies. DEFENSE AUTHORIZATION ACT Sec. 304. Administration of Fund. Capitol. FOR FISCAL YEAR 2009 (d) TREATMENT OF CONGRESSIONAL AUDITO- TITLE IV—CAPITOL GUIDE SERVICE AND RIUM AND RELATED ADJACENT AREAS.— Mr. SKELTON. Mr. Speaker, I send OFFICE OF CONGRESSIONAL ACCESSI- (1) IN GENERAL.—The Committee on Rules and to the desk a concurrent resolution and BILITY SERVICES Administration of the Senate and the Committee ask unanimous consent for its imme- Subtitle A—Capitol Guide Service on House Administration of the House of Rep- diate consideration in the House. Sec. 401. Transfer of Capitol Guide Service. resentatives shall jointly prescribe regulations

VerDate Aug 31 2005 03:07 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 6333 E:\CR\FM\A02OC7.020 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10674 CONGRESSIONAL RECORD — HOUSE October 2, 2008 for the assignment of the space in the Capitol Officer for Visitor Services (in this Act referred (2) disburse funds as may be necessary and Visitor Center known as the Congressional Au- to as the ‘‘Chief Executive Officer’’). available for the needs of the Office (consistent ditorium and the related adjacent areas. SEC. 202. APPOINTMENT AND SUPERVISION OF with the requirements of section 303 in the case (2) RELATED ADJACENT AREAS.—The regula- CHIEF EXECUTIVE OFFICER FOR VIS- of amounts in the Capitol Visitor Center Revolv- tions under paragraph (1) shall include a des- ITOR SERVICES. ing Fund); and ignation of the areas that are related adjacent (a) APPOINTMENT.—The Chief Executive Offi- (3) designate an employee of the Office to areas to the Congressional Auditorium. cer shall be appointed by the Architect of the serve as contracting officer for the Office, sub- (e) VISITOR CENTER SPACE IN THE CAPITOL.— Capitol. ject to subsection (c). Section 301 of the National Visitor Center Facili- (b) SUPERVISION AND OVERSIGHT.—The Chief (c) REQUIRING APPROVAL OF CERTAIN CON- ties Act of 1968 (2 U.S.C. 2165) is repealed. Executive Officer shall report directly to the Ar- TRACTS.—The Architect of the Capitol may not (f) EXHIBITS FOR DISPLAYS.— chitect of the Capitol and shall be subject to enter into a contract for the operations of the (1) IN GENERAL.— oversight by the Committee on Rules and Ad- Capitol Visitor Center for which the amount in- (A) LOAN AGREEMENTS.—Subject to subpara- ministration of the Senate and the Committee on volved exceeds $250,000 without the prior ap- graph (B), the Architect of the Capitol may House Administration of the House of Rep- proval of the Committee on Rules and Adminis- enter into loan agreements to place historical resentatives. tration of the Senate and the Committee on objects for display in the Exhibition Hall of the (c) REMOVAL.—Upon removal of the Chief Ex- House Administration of the House of Rep- Capitol Visitor Center. ecutive Officer, the Architect of the Capitol resentatives. shall immediately provide notice of the removal (B) CONSULTATION AND APPROVAL.—The Ar- (d) SEMIANNUAL REPORTS.—The Chief Execu- chitect of the Capitol may exercise the authority to the Committee on Rules and Administration tive Officer shall submit a report to the Com- under subparagraph (A) with respect to each of the Senate, the Committee on House Adminis- mittee on Rules and Administration of the Sen- loan agreement— tration of the House of Representatives, and the ate and the Committee on House Administration (i) after consultation with— Committees on Appropriations of the House of of the House of Representatives not later than (I) the Senate Commission on Art; and Representatives and Senate. The notice shall in- 45 days following the close of each semiannual (II) the House of Representatives Fine Arts clude the reasons for the removal. period ending on March 31 or September 30 of (d) COMPENSATION.—The Chief Executive Of- Board; and each year on the financial and operational sta- ficer shall be paid at an annual rate of pay (ii) subject to the approval of— tus during the period of each function under the equal to the annual rate of pay of the Deputy (I) the Committee on Rules and Administra- jurisdiction of the Chief Executive Officer. Each Architect of the Capitol. tion of the Senate; and such report shall include financial statements (e) TRANSITION FOR CURRENT CHIEF EXECU- (II) the Committee on House Administration of and a description or explanation of current op- the House of Representatives. TIVE OFFICER FOR VISITOR SERVICES.— (1) APPOINTMENT.—The individual who serves erations, the implementation of new policies and (C) EFFECTIVE DATE.—This paragraph shall as the Chief Executive Officer for Visitor Serv- procedures, and future plans for each function. take effect on December 3, 2008. ices under section 6701 of the U.S. Troop Readi- SEC. 204. ASSISTANT TO THE CHIEF EXECUTIVE (2) EXHIBITION PROHIBITION.—Section 1815 of OFFICER. the Revised Statutes (2 U.S.C. 2134) is amended ness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriation Act of 2007 (2 (a) IN GENERAL.—The Architect of the Capitol by inserting ‘‘Emancipation Hall of the Capitol shall— Visitor Center,’’ after ‘‘Rotunda,’’. U.S.C. 1806) as of the date of the enactment of this Act shall be the first Chief Executive Officer (1) upon recommendation of the Chief Execu- (3) EXCEPTIONS TO EXHIBITION PROHIBITION.— for Visitor Services appointed by the Architect tive Officer, appoint an assistant who shall per- Section 1815 of the Revised Statutes (2 U.S.C. form the responsibilities of the Chief Executive 2134) shall not apply to any historical object under this section. (2) TECHNICAL AND CONFORMING AMEND- Officer during the absence or disability of the placed within an exhibit in the Exhibition Hall MENT.—Section 6701 of the U.S. Troop Readi- Chief Executive Officer, or during a vacancy in of the Capitol Visitor Center that— ness, Veterans’ Care, Katrina Recovery, and the position of the Chief Executive Officer; and (A)(i) is directly related to the purpose of the Iraq Accountability Appropriation Act of 2007 (2 (2) notwithstanding section 203(b)(1), fix the Capitol Visitor Center under subsection (b)(2); U.S.C. 1806) is repealed. rate of basic pay for the position of the assistant (ii) is the subject of a loan agreement entered appointed under subparagraph (A) at a rate not into by the Architect of the Capitol before De- SEC. 203. GENERAL DUTIES OF CHIEF EXECUTIVE OFFICER. to exceed the highest total rate of pay for the cember 2, 2008; and (a) ADMINISTRATION OF FACILITIES, SERVICES, Senior Executive Service under subchapter VIII (iii) has been approved by the Capitol Preser- AND ACTIVITIES.— of chapter 53 of title 5, United States Code, for vation Commission; or (1) IN GENERAL.—Except to the extent other- the locality involved. (B) is the subject of a loan agreement de- wise provided in this Act, the Chief Executive (b) TRANSITION FOR CURRENT ASSISTANT CHIEF scribed under paragraph (1)(A). Officer shall be responsible for— EXECUTIVE OFFICER.— (4) SUBSTITUTION OF HISTORICAL OBJECT.—A (A) the operation, management, and budget (1) APPOINTMENT.—The individual who serves loan agreement described under paragraph preparation and execution of the Capitol Visitor as the assistant under section 1309 of the Legis- (3)(A)(ii) may provide for the removal of an his- Center, including all long term planning and lative Branch Appropriations Act, 2008 (2 U.S.C. torical object from exhibition for preservation daily operational services and activities pro- 1807) as of the date of the enactment of this Act purposes and the substitution of that object vided within the Capitol Visitor Center; and shall be the first Assistant Chief Executive Offi- with another historical object having a com- (B) in accordance with sections 401 and 402, cer for Visitor Services appointed by the Archi- parable educational purpose. the management of guided tours of the interior tect under this section. SEC. 102. DESIGNATION AND NAMING WITHIN of the United States Capitol. (2) TECHNICAL AND CONFORMING AMEND- THE CAPITOL VISITOR CENTER. (2) INDEPENDENT BUDGET CONSIDERATION.— MENT.—Section 1309 of the Legislative Branch (a) IN GENERAL.—Except as provided under (A) IN GENERAL.—The Architect of the Cap- Appropriations Act, 2008 (2 U.S.C. 1807) is re- subsection (b), no part of the Capitol Visitor itol, upon recommendation of the Chief Execu- pealed. Center may be designated or named without the tive Officer, shall submit the proposed budget SEC. 205. GIFT SHOP. approval of— for the Office for a fiscal year in the proposed (a) ESTABLISHMENT.—The Architect of the (1) not less than 3⁄4 of all members on the Cap- budget for that year for the Office of the Archi- Capitol, acting through the Chief Executive Of- itol Preservation Commission who are members tect of the Capitol (as submitted by the Architect ficer, shall establish a Capitol Visitor Center of the Democratic party; and of the Capitol to the President). The proposed Gift Shop within the Capitol Visitor Center for (2) not less than 3⁄4 of all members on the Cap- budget for the Office shall be considered inde- the purpose of providing for the sale of gift itol Preservation Commission who are members pendently from the other components of the pro- items. All moneys received from sales and other of the Republican party. posed budget for the Architect of the Capitol. services by the Capitol Visitor Center Gift Shop (b) EXCEPTION.—Subsection (a) shall not (B) EXCLUSION OF COSTS OF GENERAL MAINTE- shall be deposited in the Capitol Visitor Center apply to any room or space under the jurisdic- NANCE AND REPAIR OF VISITOR CENTER.—In pre- Revolving Fund established under section 301 tion of the Senate or the House of Representa- paring the proposed budget for the Office under and shall be available for purposes of this sec- tives. subparagraph (A), the Chief Executive Officer shall exclude costs attributable to the activities tion. SEC. 103. USE OF THE EMANCIPATION HALL OF (b) EXCEPTION TO PROHIBITION OF SALE OR THE CAPITOL VISITOR CENTER. and services described under section 501(b) (re- lating to continuing jurisdiction of the Architect SOLICITATION ON CAPITOL GROUNDS.—Section The Emancipation Hall of the Capitol Visitor 5104(c) of title 40, United States Code, shall not Center may not be used for any event, except of the Capitol for the care and superintendence of the Capitol Visitor Center). apply to any activity carried out under this sec- upon the passage of a resolution agreed to by tion. both houses of Congress authorizing the use of (b) PERSONNEL, DISBURSEMENTS, AND CON- the Emancipation Hall for that event. TRACTS.—In carrying out this Act, the Architect SEC. 206. FOOD SERVICE OPERATIONS. of the Capitol shall have the authority to, upon (a) RESTAURANT, CATERING, AND VENDING.— TITLE II—OFFICE OF THE CAPITOL recommendation of the Chief Executive Officer— The Architect of the Capitol, acting through the VISITOR CENTER (1) appoint, hire, and fix the compensation of Chief Executive Officer, shall establish within SEC. 201. ESTABLISHMENT. such personnel as may be necessary for oper- the Capitol Visitor Center a restaurant and There is established within the Office of the ations of the Office, except that no employee other food service facilities, including catering Architect of the Capitol the Office of the Capitol may be paid at an annual rate in excess of the services and vending machines. Visitor Center (in this Act referred to as the maximum rate payable for level 15 of the Gen- (b) CONTRACT FOR FOOD SERVICE OPER- ‘‘Office’’), to be headed by the Chief Executive eral Schedule; ATIONS.—

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(1) IN GENERAL.—The Architect of the Capitol, Administration of the House of Representatives; Special Services Office of the Capitol Guide acting through the Chief Executive Officer, may and Service that are transferred to the Office of Con- enter into a contract for food service operations (2) the Committees on Appropriations of the gressional Accessibility Services under subtitle within the Capitol Visitor Center. House of Representatives and Senate. B. (2) EXISTING CONTRACT UNAFFECTED.—Nothing SEC. 304. ADMINISTRATION OF FUND. SEC. 402. DUTIES OF EMPLOYEES OF CAPITOL in paragraph (1) shall be construed to affect (a) DISBURSEMENTS.—Disbursements from the GUIDE SERVICE. any contract for food service operations within Fund may be made by the Architect of the Cap- (a) PROVISION OF GUIDED TOURS.— the Capitol Visitor Center in effect on the date itol, upon recommendation of the Chief Execu- (1) TOURS.—In accordance with this section, of enactment of this Act. tive Officer. the Capitol Guide Service shall provide without (c) DEPOSITS.—All net profits from the food (b) INVESTMENT AUTHORITY.—The Secretary of charge guided tours of the interior of the United service operations within the Capitol Visitor the Treasury shall invest any portion of the States Capitol, including the Capitol Visitor Center and all commissions received from the Fund that, as determined by the Architect of the Center, for the education and enlightenment of contractor for such food service operations shall Capitol, upon recommendation of the Chief Ex- the general public. CCEPTANCE OF FEES PROHIBITED.—An em- be deposited in the Capitol Visitor Center Re- ecutive Officer, is not required to meet current (2) A ployee of the Capitol Guide Service shall not volving Fund established under section 301. expenses. Each investment shall be made in an charge or accept any fee, or accept any gra- (d) EXCEPTION TO PROHIBITION OF SALE OR interest-bearing obligation of the United States tuity, for or on account of the official services of SOLICITATION ON CAPITOL GROUNDS.—Section or an obligation guaranteed both as to principal that employee. 5104(c) of title 40, United States Code, shall not and interest by the United States that, as deter- (3) REGULATIONS OF THE ARCHITECT OF THE apply to any activity carried out under this sec- mined by the Architect of the Capitol, upon rec- tion. CAPITOL.—All such tours shall be conducted in ommendation of the Chief Executive Officer, has compliance with regulations approved by the TITLE III—CAPITOL VISITOR CENTER a maturity date suitable for the purposes of the Architect of the Capitol, upon recommendation REVOLVING FUND Fund. The Secretary of the Treasury shall cred- of the Chief Executive Officer. SEC. 301. ESTABLISHMENT AND ACCOUNTS. it interest earned on the obligations to the (b) AUTHORITY OF THE ARCHITECT OF THE There is established in the Treasury of the Fund. CAPITOL.—In providing for the direction, super- United States a revolving fund to be known as (c) AUDIT.—The Fund shall be subject to audit vision, and control of the Capitol Guide Service, the Capitol Visitor Center Revolving Fund (in by the Comptroller General at the discretion of the Architect of the Capitol, upon recommenda- this section referred to as the ‘‘Fund’’), con- the Comptroller General. tion of the Chief Executive Officer, is authorized sisting of the following individual accounts: TITLE IV—CAPITOL GUIDE SERVICE AND to— (1) The Gift Shop Account. OFFICE OF CONGRESSIONAL ACCESSI- (1) subject to the availability of appropria- (2) The Miscellaneous Receipts Account. BILITY SERVICES tions, establish and revise such number of posi- SEC. 302. DEPOSITS IN THE FUND. Subtitle A—Capitol Guide Service tions of Guide in the Capitol Guide Service as (a) GIFT SHOP ACCOUNT.—There shall be de- SEC. 401. TRANSFER OF CAPITOL GUIDE SERVICE. the Architect of the Capitol considers necessary to carry out effectively the activities of the Cap- posited in the Gift Shop Account all monies re- (a) TRANSFER OF AUTHORITIES AND PERSONNEL itol Guide Service; ceived from sales and other services by the gift TO OFFICE OF THE CAPITOL VISITOR CENTER.—In (2) appoint, on a permanent basis without re- shop established under section 205, together accordance with the provisions of this title, ef- gard to political affiliation and solely on the with any interest accrued on balances in the Ac- fective on the transfer date— basis of fitness to perform their duties, a Chief count. (1) the Capitol Guide Service shall be an office Guide and such deputies as the Architect of the (b) MISCELLANEOUS RECEIPTS ACCOUNT.— within the Office; There shall be deposited in the Miscellaneous (2) the contracts, liabilities, records, property, Capitol considers appropriate for the effective Receipts Account each of the following (together appropriations, and other assets and interests of administration of the Capitol Guide Service and, with any interest accrued on balances in the Ac- the Capitol Guide Service, established under sec- in addition, such number of Guides as may be count): tion 441 of the Legislative Reorganization Act of authorized; (3) with the approval of the Committee on (1) Any amounts deposited under section 1970 (2 U.S.C. 2166), and the employees of the Rules and Administration of the Senate and the 206(c). Capitol Guide Service, are transferred to the Of- Committee on House Administration of the (2) Any other receipts received from the oper- fice, except that the transfer of any amounts ap- House of Representatives, with respect to the in- ation of the Capitol Visitor Center. propriated to the Capitol Guide Service that re- dividuals appointed under paragraph (2)— (3) Any amounts described under section main available as of the transfer date shall 504(d). (A) prescribe the individual’s duties and re- occur only upon the approval of the Committees sponsibilities; and SEC. 303. USE OF MONIES. on Appropriations of the House of Representa- (B) fix, and adjust from time to time, respec- (a) GIFT SHOP ACCOUNT.— tives and Senate; and tive rates of pay at single per annum (gross) (1) IN GENERAL.—All monies in the Gift Shop (3) the Capitol Guide Service shall be subject rates; Account shall be available without fiscal year to the direction of the Architect of the Capitol, (4) with respect to the individuals appointed limitation for disbursement by the Architect of upon recommendation of the Chief Executive under paragraph (2), take appropriate discipli- the Capitol, upon recommendation of the Chief Officer, in accordance with this subtitle. nary action, including, when circumstances Executive Officer, in connection with the oper- (b) TREATMENT OF EMPLOYEES OF CAPITOL warrant, suspension from duty without pay, re- ation of the gift shop under section 205, includ- GUIDE SERVICE AT TIME OF TRANSFER.— duction in pay, demotion, or termination of em- ing supplies, inventories, equipment, and other (1) IN GENERAL.—Any individual who is an ployment with the Capitol Guide Service, expenses. In addition, such monies may be used employee of the Capitol Guide Service on a non- against any employee who violates any provi- by the Architect of the Capitol, upon rec- temporary basis on the transfer date who is sion of this section or any regulation prescribed ommendation of the Chief Executive Officer, to transferred to the Office under subsection (a) by the Architect of the Capitol under paragraph reimburse any applicable appropriations ac- shall be subject to the authority of the Architect (8); count for amounts used from such appropria- of the Capitol under section 402(b), except that (5) prescribe a uniform dress, including appro- tions account to pay the salaries of employees of the individual’s grade, compensation, rate of priate insignia, which shall be worn by per- the gift shops. leave, or other benefits that apply with respect sonnel of the Capitol Guide Service; (2) USE OF REMAINING FUNDS.—To the extent to the individual at the time of transfer shall (6) from time to time and as may be necessary, monies in the Gift Shop Account are available not be reduced while such individual remains procure and furnish such uniforms to such per- after disbursements and reimbursements are continuously so employed in the same position sonnel without charge to such personnel; made under paragraph (1), the Architect of the within the Office, other than for cause. (7) receive and consider advice and informa- Capitol, upon recommendation of the Chief Ex- (2) ELIGIBILITY FOR IMMEDIATE RETIREMENT tion from any private historical or educational ecutive Officer, may disburse such monies for ON BASIS OF INVOLUNTARY SEPARATION.—For organization, association, or society with re- the operation of the Capitol Visitor Center, after purposes of section 8336(d) and section 8414(b) of spect to those operations of the Capitol Guide consultation with— title 5, United States Code, an individual de- Service which involve the furnishing of histor- (A) the Committee on Rules and Administra- scribed in paragraph (1) who is separated from ical and educational information to the general tion of the Senate and the Committee on House service with the Office shall be considered to public; and Administration of the House of Representatives; have separated from the service involuntarily if, (8) with the approval of the Committee on and at the time the individual is separated from Rules and Administration of the Senate and the (B) the Committees on Appropriations of the service— Committee on House Administration of the House of Representatives and Senate. (A) the individual has completed 25 years of House of Representatives, prescribe such regula- (b) MISCELLANEOUS RECEIPTS ACCOUNT.—All service under such title; or tions as the Architect of the Capitol considers monies in the Miscellaneous Receipts Account (B) the individual has completed 20 years of necessary and appropriate for the operation of shall be available without fiscal year limitation service under such title and is 50 years of age or the Capitol Guide Service, including regulations for disbursement by the Architect of the Capitol, older. with respect to tour routes and hours of oper- upon recommendation of the Chief Executive (c) EXCEPTION FOR CONGRESSIONAL SPECIAL ation, number of visitors per guide, staff-led Officer, for the operations of the Capitol Visitor SERVICES OFFICE.—This section does not apply tours, and non-law enforcement security and Center, after consultation with— with respect to any employees, contracts, liabil- special event related support. (1) the Committee on Rules and Administra- ities, records, property, appropriations, and (c) PROVISION OF ACCESSIBLE TOURS IN CO- tion of the Senate and the Committee on House other assets and interests of the Congressional ORDINATION WITH OFFICE OF CONGRESSIONAL

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ACCESSIBILITY SERVICES.—The Chief Executive cessibility Services Board shall immediately pro- SEC. 412. TRANSFER FROM CAPITOL GUIDE SERV- Officer shall coordinate the provision of acces- vide notice of the removal to the Committee on ICE. sible tours for individuals with disabilities with Rules and Administration of the Senate, the (a) TRANSFER OF AUTHORITIES AND PERSONNEL the Office of Congressional Accessibility Services Committee on House Administration of the OF CONGRESSIONAL SPECIAL SERVICES OFFICE OF established under subtitle B. House of Representatives, and the Committees CAPITOL GUIDE SERVICE.—In accordance with (d) DETAIL OF PERSONNEL.—The Architect of on Appropriations of the House of Representa- the provisions of this title, effective on the the Capitol shall detail personnel of the Capitol tives and Senate. The notice shall include the transfer date— Guide Service based on a request from the Cap- reasons for the removal. (1) the contracts, liabilities, records, property, itol Police Board to assist the United States ‘‘(2) PERSONNEL AND OTHER ADMINISTRATIVE appropriations, and other assets and interests of Capitol Police by providing ushering and infor- FUNCTIONS.— the Congressional Special Services Office of the mational services, and other services not directly ‘‘(A) PERSONNEL, DISBURSEMENTS, AND CON- Capitol Guide Service, and the employees of involving law enforcement, in connection with— TRACTS.—In carrying out the functions of the such Office, are transferred to the Office of (1) the inauguration of the President and Vice Office of Congressional Accessibility Services Congressional Accessibility Services established President of the United States; under subsection (a), the Director of Accessi- under section 310(a) of the Legislative Branch (2) the official reception of representatives of bility Services shall have the authority to— Appropriations Act, 1990 (2 U.S.C. 130e) (as foreign nations and other persons by the Senate ‘‘(i) appoint, hire, and fix the compensation of amended by section 411 of this Act), except that or House of Representatives; or such personnel as may be necessary for oper- the transfer of any amounts appropriated to the (3) other special or ceremonial occasions in ations of the Office of Congressional Accessi- Congressional Special Services Office that re- the United States Capitol or on the United bility Services, except that no employee may be main available as of the transfer date shall States Capitol Grounds that— paid at an annual rate in excess of the annual occur only upon the approval of the Committees (A) require the presence of additional Govern- rate of pay for the Director of Accessibility Serv- on Appropriations of the House of Representa- ment personnel; and ices; tives and Senate; and (B) cause the temporary suspension of the ‘‘(ii) take appropriate disciplinary action, in- (2) the employees of such Office shall be sub- cluding, when circumstances warrant, suspen- performance of regular duties. ject to the direction, supervision, and control of sion from duty without pay, reduction in pay, (e) EFFECTIVE DATE.—This section shall take the Director of Accessibility Services. demotion, or termination of employment with effect on the transfer date. (b) TREATMENT OF EMPLOYEES AT TIME OF the Office of Congressional Accessibility Serv- TRANSFER.— Subtitle B—Office of Congressional ices, against any employee; (1) IN GENERAL.—Any individual who is an Accessibility Services ‘‘(iii) disburse funds as may be necessary and employee of the Congressional Special Services SEC. 411. OFFICE OF CONGRESSIONAL ACCESSI- available for the needs of the Office of Congres- Office of the Capitol Guide Service on a non- BILITY SERVICES. sional Accessibility Services; and (a) IN GENERAL.—Section 310 of the Legisla- ‘‘(iv) serve as contracting officer for the Office temporary basis on the transfer date who is tive Branch Appropriations Act, 1990 (2 U.S.C. of Congressional Accessibility Services. transferred under subsection (a) shall be subject 130e) is amended to read as follows: ‘‘(B) AGREEMENTS WITH THE OFFICE OF THE to the authority of the Director of Accessibility ‘‘SEC. 310. OFFICE OF CONGRESSIONAL ACCESSI- ARCHITECT OF THE CAPITOL, WITH OTHER LEGIS- Services under section 310(b) of the Legislative BILITY SERVICES. LATIVE BRANCH AGENCIES, AND WITH OFFICES OF Branch Appropriations Act, 1990 (2 U.S.C. 130e) ‘‘(a) ESTABLISHMENT OF OFFICE OF CONGRES- THE SENATE AND HOUSE OF REPRESENTATIVES.— (as amended by section 411 of this Act), except SIONAL ACCESSIBILITY SERVICES.— Subject to the approval of the Committee on that the individual’s grade, compensation, rate ‘‘(1) ESTABLISHMENT.—There is established in Rules and Administration of the Senate and the of leave, or other benefits that apply with re- the legislative branch the Office of Congres- Committee on House Administration of the spect to the individual at the time of transfer sional Accessibility Services, to be headed by the House of Representatives, the Director of Acces- shall not be reduced while such individual re- Director of Accessibility Services. sibility Services may place orders and enter into mains continuously so employed in the same po- ‘‘(2) CONGRESSIONAL ACCESSIBILITY SERVICES agreements with the Office of the Architect of sition within the Office of Congressional Acces- BOARD.— the Capitol, with other legislative branch agen- sibility Services established under section 310(a) ‘‘(A) ESTABLISHMENT.—There is established cies, and with any office or other entity of the of the Legislative Branch Appropriations Act, the Congressional Accessibility Services Board, Senate or House of Representatives for pro- 1990 (2 U.S.C. 130e) (as amended by section 411 which shall be composed of— curing goods and providing financial and ad- of this Act), other than for cause. ‘‘(i) the Sergeant at Arms and Doorkeeper of ministrative services on behalf of the Office of (2) ELIGIBILITY FOR IMMEDIATE RETIREMENT the Senate; Congressional Accessibility Services, or to other- ON BASIS OF INVOLUNTARY SEPARATION.—For ‘‘(ii) the Secretary of the Senate; wise assist the Director in the administration purposes of section 8336(d) and section 8414(b) of ‘‘(iii) the Sergeant at Arms of the House of and management of the Office of Congressional title 5, United States Code, an individual de- Representatives; Accessibility Services. scribed in paragraph (1) who is separated from ‘‘(iv) the Clerk of the House of Representa- ‘‘(3) SEMIANNUAL REPORTS.—The Director of service with the Office of Congressional Accessi- tives; and Accessibility Services shall submit a report to bility Services shall be considered to have sepa- ‘‘(v) the Architect of the Capitol. the Committee on Rules and Administration of rated from the service involuntarily if, at the ‘‘(B) DIRECTION OF BOARD.—The Office of the Senate and the Committee on House Admin- time the individual is separated from service— Congressional Accessibility Services shall be istration of the House of Representatives not (A) the individual has completed 25 years of subject to the direction of the Congressional Ac- later than 45 days following the close of each service under such title; or cessibility Services Board. semiannual period ending on March 31 or Sep- (B) the individual has completed 20 years of ‘‘(3) MISSION AND FUNCTIONS.— tember 30 of each year on the financial and service under such title and is 50 years of age or ‘‘(A) IN GENERAL.—The Office of Congres- operational status during the period of each older. sional Accessibility Services shall— function under the jurisdiction of the Director. (3) PROHIBITING IMPOSITION OF PROBATIONARY ‘‘(i) provide and coordinate accessibility serv- Each such report shall include financial state- PERIOD.—The Director of Accessibility Services ices for individuals with disabilities, including ments and a description or explanation of cur- may not impose a period of probation with re- Members of Congress, officers and employees of rent operations, the implementation of new poli- spect to the transfer of any individual who is the House of Representatives and the Senate, cies and procedures, and future plans for each transferred to the Office of Congressional Acces- and visitors, in the United States Capitol Com- function.’’. sibility Services under subsection (a). plex; and (b) SPECIFIC FUNCTIONS.—The Director of Ac- Subtitle C—Transfer Date and Technical and ‘‘(ii) provide information regarding accessi- cessibility Services shall submit to the Committee Conforming Amendments bility for individuals with disabilities, as well as on Rules and Administration of the Senate and related training and staff development, to Mem- the Committee on House Administration of the SEC. 421. TRANSFER DATE. bers of Congress and employees of the Senate House of Representatives a list of the specific In this title, the term ‘‘transfer date’’ means and the House of Representatives. functions that the Office of Congressional Ac- the date occurring on the first day of the first ‘‘(B) UNITED STATES CAPITOL COMPLEX DE- cessibility Services will perform in carrying out pay period (applicable to employees transferred FINED.—In this paragraph, the term ‘United this subtitle with the approval of the Committee under section 401) occurring on or after 30 days States Capitol Complex’ means the Capitol on Rules and Administration of the Senate and after the date of enactment of this Act. buildings (as defined in section 5101 of title 40, the Committee on House Administration of the SEC. 422. TECHNICAL AND CONFORMING AMEND- United States Code) and the United States Cap- House of Representatives. The Director of Acces- MENTS. itol Grounds (as described in section 5102 of sibility Services shall submit the list not later (a) EXISTING AUTHORITY OF CAPITOL GUIDE such title). than 30 days after the transfer date. SERVICE.—Section 441 of the Legislative Reorga- ‘‘(b) DIRECTOR OF ACCESSIBILITY SERVICES.— (c) TRANSITION FOR CURRENT DIRECTOR.—The nization Act of 1970 (2 U.S.C. 2166) is repealed. ‘‘(1) APPOINTMENT, PAY, AND REMOVAL.— individual who serves as the head of the Con- (b) COVERAGE UNDER CONGRESSIONAL AC- ‘‘(A) APPOINTMENT AND PAY.—The Director of gressional Special Services Office as of the date COUNTABILITY ACT OF 1995.— Accessibility Services shall be appointed by the of the enactment of this Act shall be the first Di- (1) TREATMENT OF EMPLOYEES AS COVERED EM- Congressional Accessibility Services Board and rector of Accessibility Services appointed by the PLOYEES.—Section 101(3)(C) of the Congres- shall be paid at a rate of pay determined by the Congressional Accessibility Services Board sional Accountability Act of 1995 (2 U.S.C. Congressional Accessibility Services Board. under section 310 of the Legislative Branch Ap- 1301(3)(C)) is amended to read as follows: ‘‘(B) REMOVAL.—Upon removal of the Director propriations Act, 1990 (2 U.S.C. 130e) (as amend- ‘‘(C) the Office of Congressional Accessibility of Accessibility Services, the Congressional Ac- ed by this section). Services;’’.

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(2) TREATMENT OF OFFICE AS EMPLOYING OF- SEC. 504. COINS TREATED AS GIFTS. ture. Specifically, section 102 of H.R. 5159, as FICE.—Section 101(9)(D) of such Act (2 U.S.C. (a) DEFINITION.—In this section, the term amended, establishes a process for designa- 1301(9)(D)) is amended by striking ‘‘the Capitol ‘‘covered grounds’’ means— tion and naming rooms or space within the Guide Board,’’ and inserting ‘‘the Office of Con- (1) the grounds described under section 5102 of Capitol Visitors Center. I write to confirm gressional Accessibility Services,’’. title 40, United States Code; the mutual understanding of the Committee (3) RIGHTS AND PROTECTIONS RELATING TO (2) the Capitol Buildings defined under sec- on House Administration and the Committee PUBLIC SERVICES AND ACCOMMODATIONS.—Sec- tion 5101 of title 40, United States Code, includ- on Transportation and Infrastructure that tion 210(a)(4) of such Act (2 U.S.C. 1331(a)(4)) is ing the Capitol Visitor Center; and this provision does not waive, reduce, or oth- amended to read as follows: (3) the Library of Congress buildings and ‘‘(4) the Office of Congressional Accessibility grounds described under section 11 of the Act erwise affect the jurisdiction of the Com- Services;’’. entitled ‘‘An Act relating to the policing of the mittee on Transportation and Infrastructure (4) PERIODIC INSPECTIONS FOR OCCUPATIONAL buildings and grounds of the Library of Con- to name facilities of the U.S. Capitol. SAFETY AND HEALTH COMPLIANCE.—Section gress’’, approved August 4, 1950 (2 U.S.C. 167j). I recognize and appreciate your desire to 215(e)(1) of such Act (2 U.S.C. 1341(e)(1)) is (b) TREATMENT OF COINS.—In the case of any bring this legislation before the House in an amended by striking ‘‘the Capitol Guide Serv- coins in any fountains on covered grounds— expeditious manner and, accordingly, I will ice,’’ and inserting ‘‘the Office of Congressional (1) such coins shall be treated as gifts to the not seek a sequential referral of the bill. Accessibility Services,’’. United States; and However, I agree to waive consideration of (c) TREATMENT AS CONGRESSIONAL EMPLOYEES (2) the Architect of the Capitol shall— this bill with the mutual understanding of FOR RETIREMENT PURPOSES.—Section 2107(9) of (A) collect such coins at such times and in title 5, United States Code, is amended to read such manner as the Architect determines appro- the interpretation of section 102 and that my as follows: priate; and decision to forgo a sequential referral of the ‘‘(9) an employee of the Office of Congres- (B) except as provided under subsection (c), bill does not waive, reduce, or otherwise af- sional Accessibility Services.’’. deposit the collected coins in accordance with fect the jurisdiction of the Committee on (d) EFFECTIVE DATE.—The amendments made subsection (d). Transportation and Infrastructure over H.R. by this section shall take effect on the transfer (c) COST REIMBURSEMENT.—Any amount col- 5159. date. lected under this section shall first be used to re- Please place a copy of this letter and your TITLE V—MISCELLANEOUS PROVISIONS imburse the Architect of the Capitol for any response acknowledging the Committee on SEC. 501. JURISDICTIONS UNAFFECTED. costs incurred in the collection and processing Transportation and Infrastructure’s jurisdic- (a) SECURITY JURISDICTION UNAFFECTED.— of the coins. The amount of any such reimburse- tional interest in the CONGRESSIONAL RECORD Nothing in this Act granting any authority to ment is appropriated to the account from which during consideration of the measure on the the Architect of the Capitol or Chief Executive such costs were paid and may be used for any House Floor. Officer shall be construed to affect the exclusive authorized purpose of that account. jurisdiction of the Capitol Police, the Capitol (d) DEPOSIT OF COINS.—The Architect of the I look forward to working with you as we Police Board, the Sergeant at Arms and Door- Capitol shall deposit coins collected under this prepare to pass this important legislation. keeper of the Senate, and the Sergeant at Arms section in the Miscellaneous Receipts Account of Sincerely, of the House of Representatives to provide secu- the Capitol Visitor Center Revolving Fund es- JAMES L. OBERSTAR, rity for the Capitol, including the Capitol Vis- tablished under section 301. Chairman. itor Center. (e) AUTHORIZED USE AND AVAILABILITY.— (b) ARCHITECT OF THE CAPITOL JURISDICTION Amounts deposited in the Miscellaneous Re- HOUSE OF REPRESENTATIVES, UNAFFECTED.— ceipts Account of the Capitol Visitor Center Re- COMMITTEE ON HOUSE ADMINISTRATION, (1) IN GENERAL.—Nothing in this Act granting volving Fund under this section shall be avail- Washington, DC, October 1, 2008. any authority to the Chief Executive Officer able as provided under section 303(b). shall be construed to affect the exclusive juris- Hon. JAMES L. OBERSTAR, SEC. 505. FLEXIBLE WORK SCHEDULE PILOT PRO- Chairman, Committee on Transportation and diction of the Architect of the Capitol for the GRAM. Infrastructure, House of Representatives, care and superintendence of the Capitol Visitor (a) IN GENERAL.—Section 1302 of the Legisla- Washington, DC. Center. All maintenance services, tive Branch Appropriations Act, 2008 (2 U.S.C. groundskeeping services, improvements, alter- 1831 note; 121 Stat. 2242) is amended in the third DEAR CHAIRMAN OBERSTAR: Thank you for ations, additions, and repairs for the Capitol sentence by striking ‘‘September 30, 2008’’ and your letter of October 1, 2008, regarding H.R. Visitor Center shall be made under the direction inserting ‘‘September 30, 2010’’. 5159, as amended, the ‘‘Capitol Visitor Center and supervision of the Architect, subject to the (b) EFFECTIVE DATE.—The amendment made Act of 2008’’. approval of the Committee on Rules and Admin- under subsection (a) shall take effect as though I agree that provisions in H.R. 5159, as istration of the Senate and the House Office enacted as part of the Legislative Branch Ap- amended, are within the jurisdiction of the Building Commission as to matters of general propriations Act, 2008 (Public Law 110–161; 121 Committee on Transportation and Infra- policy. Stat. 2218 et seq.). (2) TECHNICAL AND CONFORMING AMEND- structure. I appreciate your willingness to TITLE VI—AUTHORIZATION OF MENT.—Section 1305 of the Legislative Branch waive rights to further consideration of H.R. APPROPRIATIONS Appropriations Act, 2008 (2 U.S.C. 1825) is re- 5159, as amended, and I acknowledge that pealed. SEC. 601. AUTHORIZATION OF APPROPRIATIONS. through this waiver, your Committee is not SEC. 502. STUDENT LOAN REPAYMENT AUTHOR- There are authorized to be appropriated such relinquishing its jurisdiction over the rel- ITY. sums as are necessary to carry out this Act. evant provisions of H.R. 5159, as amended. Section 5379(a)(1)(A) of title 5, United States Mr. BRADY of Pennsylvania (during Specifically, I confirm our mutual under- Code, is amended by inserting ‘‘, the Architect the reading). Mr. Speaker, I ask unani- standing that section 102 of H.R. 5159, as of the Capitol, the Botanic Garden, and the Of- mous consent that the amendment be amended, does not waive, reduce, or other- fice of Congressional Accessibility Services’’ wise affect the jurisdiction of the Committee after ‘‘title’’. considered as read and printed in the RECORD. on Transportation and Infrastructure to SEC. 503. ACCEPTANCE OF VOLUNTEER SERV- name facilities of the U.S. Capitol. ICES. The SPEAKER pro tempore. Is there Notwithstanding section 1342 of title 31, objection to the request of the gen- This exchange of letters will be placed in United States Code, the Architect of the Capitol, tleman from Pennsylvania? the CONGRESSIONAL RECORD as part of the upon the recommendation of the Chief Executive There was no objection. consideration of H.R. 5159, as amended, in Officer, may accept and use voluntary and un- Mr. BRADY of Pennsylvania. Mr. the House. Thank you for the cooperative compensated services for the Capitol Visitor Speaker, I would like to insert in the spirit in which you have worked regarding Center as the Architect of the Capitol deter- RECORD at this point correspondence this matter and others between our respec- mines necessary. No person shall be permitted to tive committees. donate personal services under this section un- related to the bill. I look forward to working with you as we less such person has first agreed, in writing, to HOUSE OF REPRESENTATIVES, COM- prepare to pass this important legislation. waive any and all claims against the United MITTEE ON TRANSPORTATION AND Sincerely, States arising out of or connection with such INFRASTRUCTURE, services, other than a claim under the provisions Washington, DC, October 1, 2008. ROBERT A. BRADY, Chairman. of chapter 81 of title 5, United States Code. No Hon. ROBERT A. BRADY, person donating personal services under this Chairman, Committee on House Administration, The SPEAKER pro tempore. Is there section shall be considered an employee of the House of Representatives, Washington, DC. objection to the original request of the United States for any purpose other than for DEAR CHAIRMAN BRADY: I write to you re- purposes of chapter 81 of such title. In no case garding H.R. 5159, as amended, the ‘‘Capitol gentleman from Pennsylvania? shall the acceptance of personal services under Visitor Center Act of 2008’’. There was no objection. this subsection result in the reduction of pay or H.R. 5159, as amended, contains provisions displacement of any employee of the Office of that fall within the jurisdiction of the Com- A motion to reconsider was laid on the Architect of the Capitol. mittee on Transportation and Infrastruc- the table.

VerDate Aug 31 2005 03:07 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.032 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10678 CONGRESSIONAL RECORD — HOUSE October 2, 2008 AUTHORIZING THE USE OF EMAN- byterian boarding school for Native Amer- The Senate concurrent resolution CIPATION HALL ON DECEMBER 2, ican girls, now the ; was concurred in. 2008, FOR CEREMONIES AND AC- Whereas Alice Mary Robertson was ap- A motion to reconsider was laid on TIVITIES HELD IN CONNECTION pointed by President as the table. the 1st government supervisor of Creek In- WITH THE OPENING OF THE CAP- dian schools from 1900 to 1905, and later the f ITOL VISITOR CENTER TO THE postmaster of Muskogee, , from PUBLIC 1905 to 1913; APPOINTMENT AS MEMBERS TO Whereas Alice Mary Robertson’s canteen ADVISORY COMMITTEE ON STU- Mr. BRADY of Pennsylvania. Mr. DENT FINANCIAL ASSISTANCE Speaker, I ask unanimous consent to service to the troops during World War I later led to the formation of the Muskogee discharge the Committee on House Ad- The SPEAKER pro tempore. Pursu- Chapter of the ; ant to section 491 of the Higher Edu- ministration from further consider- Whereas Alice Mary Robertson was elected ation of House Concurrent Resolution by the 2nd District of Oklahoma as a Repub- cation Act (20 U.S.C. 1098(c)), and the 435 and ask for its immediate consider- lican Representative to the 67th Congress, order of the House of January 4, 2007, ation in the House. from 1921 to 1923, serving on the Committee the Chair announces the Speaker’s ap- The Clerk read the title of the con- on Indian Affairs, the Committee on Expend- pointment of the following members on current resolution. itures in the Interior Department, and the the part of the House to the Advisory The SPEAKER pro tempore. Is there Committee on Woman ; Committee on Student Financial As- objection to the request of the gen- Whereas Alice Mary Robertson helped se- sistance for a term of 3 years: cure the building of a veteran’s hospital in Upon the recommendation of the Ma- tleman from Pennsylvania? Muskogee, following the creation of the Vet- There was no objection. erans Bureau in 1921; jority Leader: The text of the concurrent resolution Whereas Alice Mary Robertson became the Ms. Helen Benjamin, Vallejo, Cali- is as follows: 1st woman to preside over the House of Rep- fornia H. CON. RES. 435 resentatives on July 20, 1921, when she pre- Upon the recommendation of the Mi- Resolved by the House of Representatives (the sided over a roll call vote on S.J. Res. 34; and nority Leader: Senate concurring), That Emancipation Hall Whereas Alice Mary Robertson was a de- Mr. Anthony Guida, Pittsburgh, may be used on December 2, 2008, for cere- voted teacher for the Creek Nation and Pennsylvania helped the community through her trans- monies and activities held in connection f with the opening of the Capitol Visitor Cen- lation of portions of the Scriptures and ter to the public. Physical preparations for texts: Now, therefore, be it SPECIAL ORDERS Resolved, That the House of Representa- such ceremonies and activities shall be car- tives recognizes Alice Mary Robertson for The SPEAKER pro tempore (Ms. ried out in accordance with such conditions her spirit of service and dedication to her as the Architect of the Capitol may pre- CLARKE). Under the Speaker’s an- country, and honors her as a great American scribe. nounced policy of January 18, 2007, and in recognition of her contributions to the The concurrent resolution was agreed under a previous order of the House, State of Oklahoma and nationwide in the the following Members will be recog- to. House of Representatives. A motion to reconsider was laid on The resolution was agreed to. nized for 5 minutes each. the table. A motion to reconsider was laid on f f the table. The SPEAKER pro tempore. Under a previous order of the House, the gentle- HONORING AND RECOGNIZING f woman from California (Ms. WOOLSEY) ALICE MARY ROBERTSON WHO, CORRECTING ENROLLMENT OF is recognized for 5 minutes. WHILE A MEMBER OF CONGRESS, H.R. 6063, NATIONAL AERO- (Ms. WOOLSEY addressed the House. BECAME THE FIRST WOMAN TO NAUTICS AND SPACE ADMINIS- Her remarks will appear hereafter in PRESIDE OVER THE FLOOR OF TRATION AUTHORIZATION ACT the Extensions of Remarks.) THE HOUSE OF REPRESENTA- OF 2008 TIVES Mr. LAMPSON. Mr. Speaker, I ask f Mr. BRADY of Pennsylvania. Mr. unanimous consent to take from the BAILING OUT WALL STREET Speaker, I ask unanimous consent to Speaker’s table the Senate concurrent The SPEAKER pro tempore. Under a discharge the Committee on House Ad- resolution (S. Con. Res. 105) directing previous order of the House, the gen- ministration from further consider- the Clerk of the House of Representa- tleman from Oregon (Mr. DEFAZIO) is ation of House Resolution 1272 and ask tives to correct the enrollment of H.R. recognized for 5 minutes. for its immediate consideration in the 6063, and ask for its immediate consid- Madam Speaker, the American public House. eration. needs to know that there has been a The Clerk read the title of the resolu- The Clerk read the title of the Senate tremendous amount of discussion tion. concurrent resolution. about Main Street, about credit for The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Is there people to get students loans and car objection to the request of the gen- objection to the request of the gen- loans and home loans and all that, and tleman from Pennsylvania? tleman from Texas? There was no objection. talk about jobs. But those are all There was no objection. things I support. I think every Member The text of the resolution is as fol- The text of the Senate concurrent resolution is as follows: of this body supports that. They recog- lows: nize we have a deepening recession here S.CON RES. 105 H. RES. 1272 in the United States. Resolved by the Senate (the House of Rep- Whereas Alice Mary Robertson was born on resentatives concurring), That in the enroll- But the American public also needs January 2, 1854, in the Tullahassee Mission, ment of the bill H.R. 6063, an Act to author- to know that we are going to borrow Creek Nation, , now known ize the programs of the National Aeronautics $700 billion in their name for the bail- as Tullahassee, Oklahoma; and Space Administration, and for other pur- out package, and not one penny of it Whereas Alice Mary Robertson was an poses, the Clerk of the House of Representa- American educator, social worker, govern- goes to any of those issues. It is not tives shall make the following corrections: ment official, and politician; aimed at the real economy of America. In section 601(b)(2)(A)(iii) of the bill, strike It is aimed solely at the froth on Wall Whereas Alice Mary Robertson was the 2nd ‘‘Orbiter’’. woman to serve in Congress and the 1st from In section 611(d)(1) of the bill, strike ‘‘first Street, the speculators on Wall Street, the State of Oklahoma; President’’ and insert ‘‘President’’. the non-productive people on Wall Whereas Alice Mary Robertson was a clerk In section 611(e)(3) of the bill, strike ‘‘cor- Street, the certifiably smart ‘‘masters in the from 1873 to rectly’’ and insert ‘‘currently’’. of the universe,’’ like Secretary of the 1879, later returning to Indian Territory and In section 611(e)(7) of the bill, strike Treasury Henry Paulson, who created teaching in Tullahassee and the Carlisle In- ‘‘extention’’ and insert ‘‘extension’’. dian Industrial School; In section 612 of the bill, strike ‘‘oper- these financial weapons of mass de- Whereas Alice Mary Robertson established ations’’ and insert ‘‘operational’’. struction, and now as Secretary of the the Nuyaka Mission, taught in Okmulgee, In section 1119 of the bill, strike ‘‘The Re- Treasury a week ago last Friday lit the Oklahoma, and was in charge of a Pres- port’’ and insert ‘‘The report’’. fuse by projecting worldwide economic

VerDate Aug 31 2005 03:07 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.054 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10679 collapse if we didn’t bail out those lator, a regulator with experience, who preparing him to be the best angel he firms on Wall Street. piloted this country out of the savings could be, and anybody who knew him I believe there are simpler answers. I and loan crisis and saved us a bunch of knew Adam was the best person he just came from a meeting with William money. He’s not a big-time Wall Street could be.’’ Isaacs. He was the head of the Federal speculator who came down here and Adam Klutz’s friends and colleagues Deposition Insurance Corporation. got appointed by George Bush with remember him as a brave and honor- They deal with banks. Mr. Paulson was three-quarters of $1 billion in his pock- able young man, defined by his service a speculator on Wall Street. He deals et for money he had made in creating to the community and by his faith in with speculation. He doesn’t under- these financial weapons of mass de- Our Lord Jesus Christ. stand regulative banking. In fact, one struction. So we’re listening to the Speaking at his funeral, Reverend of his first big moves 10 days ago was wrong guy here. John Bell of the Philadelphia Lutheran he said guarantee all the money mar- Who believes George Bush? Does any- Church said of Adam, ‘‘He lived in a kets in an unlimited way. Know what body in America believe him? Remem- way that touched so many lives. He that did? It took $12 billion in deposits ber the last time there were weapons of lived in a way that made a difference. from banks, and they moved over into mass destruction 1 month before an He lived with the understanding that money markets because bank deposits election, and we got stampeded into a his vocation was a calling and that, are limited in their insurance and they war? They’re doing the same playbook through his faithfulness, through his pay lower rates of interest. He doesn’t here. Don’t buy it. Step back. Take service, he would bring the power of even understand this industry. But he your time. Use all of the no-cost emer- God’s kingdom a little closer to people. understands Wall Street and specu- gency powers first. If that doesn’t If you want to honor Adam, honor his lators, and those are the people he work, then we can talk about some commitment to service; honor the grew up with and worked with and other big appropriation of money, but strength of his faith.’’ dines with and wines with, and those don’t appropriate the money first and This evening, Madam Speaker, I ask are the people he wants to help, in ad- give it with unlimited powers to Mr. that we do just that, that we honor the dition to the fact there is a tremendous Paulson. amazing life of a real patriot, of a real amount of pressure being put on by f citizen, and that we honor the life and some very powerful creditors, and one The SPEAKER pro tempore. Under a memory of Deputy Sheriff Adam Klutz of those happens to be the People’s Re- previous order of the House, the gen- of Caldwell County. public of China, who owns a lot of this May God rest his soul. tleman from Texas (Mr. POE) is recog- junk, and they want their money back nized for 5 minutes. f or they are threatening us. (Mr. POE addressed the House. His The SPEAKER pro tempore. Under a b 1800 remarks will appear hereafter in the previous order of the House, the gen- Now, that’s not a good reason to go Extensions of Remarks.) tleman from Massachusetts (Mr. ahead with this faulty proposal. It does f LYNCH) is recognized for 5 minutes. not deal with the underlying crisis in (Mr. LYNCH addressed the House. His housing. If we don’t deal with the un- IN MEMORY OF DEPUTY ADAM remarks will appear hereafter in the derlying crisis in housing—with the KLUTZ Extensions of Remarks.) foreclosures, with the deteriorating The SPEAKER pro tempore. Under a f values—when the values drop another 5 previous order of the House, the gen- or 10 percent and when that next big tleman from North Carolina (Mr. ‘‘NO’’ ON THE BUSH-PAULSON adjustment comes on March 1, you’re MCHENRY) is recognized for 5 minutes. BAILOUT PACKAGE going to find there’s another $1 trillion Mr. MCHENRY. Madam Speaker, I The SPEAKER pro tempore. Under a in junk securities out there, and we’ll rise this evening to honor the life and previous order of the House, the gentle- have already maxed out our credit, and memory of Adam Klutz, a Caldwell woman from Ohio (Ms. KAPTUR) is rec- people will have lost more jobs. County Sheriff’s Deputy. ognized for 5 minutes. The auto dealers are saying people On September 19, Deputy Klutz was Ms. KAPTUR. Madam Speaker, for aren’t buying cars. It’s not because responding to a 911 call. Arriving on the second time in one week, this they can’t get a loan. My credit union the scene of a suspected domestic vio- House is confronted with a momentous is giving out loans right now, to any- lence situation, Deputy Klutz was fa- vote on the economic emergency facing body who is creditworthy, to go buy tally shot. our Nation, and it is imperative that cars. People don’t have confidence that We send our deepest sympathies to we get it right. We must do the right their jobs are going to be there. Their Adam’s parents—William and Sheila— thing. We must vote ‘‘no’’ on the Bush- wages haven’t increased. They’re wor- and to his entire family. Our thoughts Paulson bailout package. Three days ried about the real economy, not the and prayers are with you. have passed since we rejected that in- Wall Street economy. This is the prob- Adam Klutz was mature beyond his adequate proposal, but one thing hasn’t lem, this disconnect in this body and mere 25 years. Two weeks prior, two of changed: This is still a bailout for Wall particularly in the Senate—which is Deputy Klutz’ fellow officers were shot Street. One thing has changed: The full of millionaires. You know, that is and wounded. Despite being a rookie cost has increased dramatically. Be- not going to solve the underlying prob- officer, Deputy Klutz was tasked with lieve me, if you didn’t like the first lem, what is being proposed here. There delivering the news of the shooting to version of the Bush-Paulson bailout, is a cheaper, low-cost, no-cost alter- the wife of one of the wounded officers. you’re going to hate this one because native. Adam’s professionalism and compas- it’s even worse, 22 percent worse. The Federal Deposit Insurance Cor- sion in handling such a difficult situa- On Monday, the bailout bill would poration should declare an emergency. tion was praised by the officer and his have cost the American taxpayer $700 Mr. Isaac just counseled us on this. It wife, earning Deputy Klutz a letter of billion. Three days later, the bill com- gives them extraordinary powers. They commendation. ing from the Senate is going to cost us could use that to assess the same guar- The letter reads, in part, ‘‘For an of- $850 billion, driving up our deficit, driv- anty to all bank depositors, to all peo- ficer only having a year and a half of ing up our borrowing. The Senate drove ple in banks, that they did with experience, he acted like a seasoned up the cost of the bailout by 22 percent Wachovia—to all general creditors, not veteran. It was a testament to his by adding tax giveaways for special in- to investors but to general creditors. character. We should be proud to work terest groups. America might be facing He said that would immediately free up alongside Deputy Klutz.’’ an economic emergency, but it’s interbank lending and that it would Five months earlier, Adam came to Christmas in October in the Senate immediately bring a flood of foreign the aid of a fellow officer who had been here in Washington. The Bush-Paulson deposits into the U.S. because we injured in a vehicle chase. Hickory Po- bailout bill is loaded up like a Christ- would be a safe haven for banking and lice Officer Vic Camacho said, ‘‘Adam mas tree with ornaments known as tax for people’s deposits, but he is a regu- was my guardian angel. The Lord was giveaways for special interests. These

VerDate Aug 31 2005 03:07 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.059 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10680 CONGRESSIONAL RECORD — HOUSE October 2, 2008 ornaments will make a lot of people for use by children. One would ask: same. And all the gifts that these children rich, but your children, grandchildren Children’s wooden arrows? Why not the might have brought to humanity are now lost and great grandchildren will have to bows, too? forever. Yet even in the glare of such tragedy, pay for them for years. This is surreal. The American people this generation still clings to a blind, invincible When this body, having been rushed deserve better. It appears that the ignorance while history repeats itself and our to judgment by the President and by Bush-Paulson team has failed to sell own silent genocide mercilessly annihilates the our own leadership, rejected the plan the country on the merits of a Wall most helpless of all victims, those yet unborn. on Monday, it was alleged that the Street bailout, and has decided to buy Mr. Speaker, perhaps it’s time for those of House vote was responsible for the Dow the package. We saw the same thing us in this Chamber to remind ourselves of why Jones Industrial Average’s falling by here in 1993 when the Clinton adminis- we are really all here. Thomas Jefferson said, 700 points. So how do we explain the tration couldn’t sell NAFTA on its ‘‘The care of human life and its happiness and fact that the stock market fell almost merits and, instead, opened the Federal not its destruction is the chief and only object 350 points today, the day after the Sen- Treasury to buy the votes of enough of good government.’’ The phrase in the 14th ate passed the Bush-Paulson bailout Members to win passage. Amendment capsulizes our entire Constitution. bill? Let’s get back to reality, but first of It says, ‘‘No State shall deprive any person of What the stock market said today all, everybody needs to calm down. life, liberty or property without due process of was heads you lose; tails you lose. Don’t give in to fear and don’t give in law.’’ Mr. Speaker, protecting the lives of our America will still have a housing crisis to panic. We need regular order in this innocent citizens and their constitutional rights even if the House puts the American House. We need to be the deliberative is why we are all here. taxpayer on the hook for another $870 body that our system of government The bedrock foundation of this Republic is billion for Wall Street. So don’t believe envisions and demands. the clarion declaration of the self-evident truth people who tell you that the market is First of all, this downturn is not—I that all human beings are created equal and responding negatively to votes against repeat ‘‘not’’—as serious as ever faced endowed by their Creator with the unalienable the Bush-Paulson plan. The stock mar- by our Nation. In the late 1970s and rights of life, liberty and the pursuit of happi- ket is reacting negatively to the lack early 1980s, the conditions were much ness. Every conflict and battle our Nation has of leadership. The market knows that worse: 3,000 banks failed. Interest rates ever faced can be traced to our commitment the Bush-Paulson plan is the wrong shot up to 21 percent. Hundreds of agri- to this core, self-evident truth. medicine. It knows the Bush-Paulson cultural banks failed. In using the pow- It has made us the beacon of hope for the plan will not solve the problems in our ers of the FDIC and their emergency entire world. Mr. Speaker, it is who we are. economy. authorities, we worked it out without 1 And yet today another day has passed, and Madam Speaker, the American peo- cent being charged to the taxpayer. we in this body have failed again to honor that ple have already spoken, and the finan- Madam Speaker, I want to thank you foundational commitment. We have failed our cial markets are speaking, too. The for giving me the time this evening. We sworn oath and our God-given responsibility Bush-Paulson plan, even this porked-up face a real financial crisis, and we as we broke faith with nearly 4,000 more inno- version, is not the solution of the eco- ought to stay here until we resolve it cent American babies who died today without nomic emergency facing our country, the right way, not the fast way. the protection we should have given them. and that is why the House should not So Mr. Speaker, let me conclude this Sun- f rush to judgment. set Memorial in the hope that perhaps some- This House should stop and take a The SPEAKER pro tempore. Under a one new who heard it tonight will finally em- deep breath and make a commitment previous order of the House, the gen- brace the truth that abortion really does kill lit- to stay in session until we enact com- tleman from North Carolina (Mr. tle babies; that it hurts mothers in ways that prehensive reform of the financial sys- JONES) is recognized for 5 minutes. we can never express; and that 13,037 days tem and not take a quick vote on a (Mr. JONES addressed the House. His spent killing nearly 50 million unborn children stopgap plan that will cost the tax- remarks will appear hereafter in the in America is enough; and that it is time that payers $870 billion and counting. As I Extensions of Remarks.) we stood up together again, and remembered have said all along, we have to have re- f that we are the same America that rejected form first, not last after they take the human slavery and marched into Europe to ar- SUNSET MEMORIAL money. rest the Nazi Holocaust; and we are still cou- I know there’s a political sideshow The SPEAKER pro tempore. Under a rageous and compassionate enough to find a underway, and I realize that certain previous order of the House, the gen- better way for mothers and their unborn ba- Members face tough reelection battles tleman from Arizona (Mr. FRANKS) is bies than abortion on demand. and that they desperately want to wrap recognized for 5 minutes. Mr. Speaker, as we consider the plight of up business here so that they can go Mr. FRANKS of Arizona. Mr. Speaker, I unborn America tonight, may we each remind back home to campaign. To them, I stand once again before this House with yet ourselves that our own days in this sunshine would say, ‘‘Trust your constituents. another Sunset Memorial. of life are also numbered and that all too soon They will respect you for staying in It is October 2, 2008 in the land of the free each one of us will walk from these Chambers Washington to address the economic and the home of the brave, and before the for the very last time. emergency rather than your running sun set today in America, almost 4,000 more And if it should be that this Congress is al- home to shake hands and to kiss ba- defenseless unborn children were killed by lowed to convene on yet another day to come, bies.’’ abortion on demand. That’s just today, Mr. may that be the day when we finally hear the Madam Speaker, the Senate’s re- Speaker. That’s more than the number of in- cries of innocent unborn children. May that be sponse to the House rejection of the nocent lives lost on September 11 in this the day when we find the humanity, the cour- Paulson plan was to add more spend- country, only it happens every day. age, and the will to embrace together our ing. So we got tax breaks for rum. It has now been exactly 13,037 days since human and our constitutional duty to protect You’ve got it right. R-U-M. We got tax the tragedy called Roe v. Wade was first these, the least of our tiny, little American breaks for mine rescue teams, tax handed down. Since then, the very foundation brothers and sisters from this murderous breaks for railroads, tax breaks for of this Nation has been stained by the blood scourge upon our Nation called abortion on automobile race tracks, and tax breaks of almost 50 million of its own children. Some demand. for wool research. I’m not making this of them, Mr. Speaker, cried and screamed as It is October 2, 2008, 13,037 days since up. They added tax breaks for movie they died, but because it was amniotic fluid Roe versus Wade first stained the foundation and television productions, 6 pages of passing over the vocal cords instead of air, we of this Nation with the blood of its own chil- earmarks for Alaska for litigation in couldn’t hear them. dren; this in the land of the free and the home the Exxon Valdez disaster and, the coup All of them had at least four things in com- of the brave. de grace, tax breaks for wooden arrows mon. First, they were each just little babies f designed for use by children. who had done nothing wrong to anyone, and The SPEAKER pro tempore. Under a Now, our Nation is facing an eco- each one of them died a nameless and lonely previous order of the House, the gen- nomic emergency, and the Senate adds death. And each one of their mothers, whether tleman from Indiana (Mr. BURTON) is a tax break for wooden arrows designed she realizes it or not, will never be quite the recognized for 5 minutes.

VerDate Aug 31 2005 03:07 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.064 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10681 (Mr. BURTON of Indiana addressed tives, but he has been in service to our resentatives because this institution, the House. His remarks will appear Nation. This isn’t the first time DAVE with all of its flaws, is just reflective of hereafter in the Extensions of Re- WELDON served our Nation. DAVE was the United States of America. Rep- marks.) also, besides being a practicing physi- resentatives come, all 435, from all cor- ners of our land. They are reflective of f cian and Army veteran, he served our the land, and sometimes we get some The SPEAKER pro tempore. Under a Nation in the United States military. So on behalf of my colleagues from exceptional Members like DAVE previous order of the House, the gen- Florida, I want to thank him for step- WELDON who leave, and I am hoping tleman from California (Mr. SHERMAN) ping out of his role as a physician. The again that this is not the case, that is recognized for 5 minutes. time he spent since I first met him others choose to leave. (Mr. SHERMAN addressed the House. working with all of us devoted to this It is tough duty, particularly in a His remarks will appear hereafter in institution, if you look at the Space time of financial crisis when you pick the Extensions of Remarks.) Center and the space coast that he rep- up the phone and people say I may lose f resented, David has always been a tire- my retirement, my business won’t less advocate to the space coast and function, my opportunities are becom- THE RETIREMENT OF ing limited for financial avenues. But CONGRESSMAN DAVE WELDON the space program. DAVE, again since I met him, I have there are folks who do step up to the The SPEAKER pro tempore. Under watched his children, Katie, and his plate and try to do the best they can. the Speaker’s announced policy of Jan- son, David, grow up over the years of What is neat is DAVE has been not uary 18, 2007, the gentleman from Flor- his service. I know the time and com- only a hero for the unborn, but also a ida (Mr. MICA) is recognized for 60 min- mitment he has extended to this House hero for the taxpayers. Sometimes utes as the designee of the minority of Representatives, this country, for when you get through all of this, peo- leader. the good of all people. He is a shining ple think there are a lot of special in- Mr. MICA. Well, thank you, Madam example of the kind of devoted people terests running the place. And some- Speaker. that we have serving here. His lovely times you see again people spending Ladies and gentlemen of the House wife, Nancy, again, people have no idea lots of money lobbying Members of and my fellow Americans, this is an in- how many days and nights, weekends Congress and people get disgusted with that process. But I think for the most teresting time in the history of our Re- and occasions DAVE has had to leave public and in the history of Congress. his wife and be in service to the House part, and particularly on the part of an It is probably one of the most conten- of Representatives. individual like DAVE WELDON, you see tious issues and difficult issues I’ve We are really blessed. The good Lord someone who votes from his heart and also from his mind and also from his seen in my almost three decades in the sends us people like DAVE WELDON and Federal arena. his family who have been devoted to experience and knowledge. That has Tonight, before I get into a couple of this House for 14 years. And it does been a great thing for the House of comments that I want to make about make a difference. I know right now Representatives. I will miss DAVE. I will miss some of the situation we have facing us with everybody is critical of the Congress. the others on both sides of the aisle the financial crisis, I want to take just And I find people, you know, making who have been part of this institution a minute—and I know some of my col- hostile remarks about Members of Con- and have contributed in a positive fash- leagues are going to join me, particu- gress, but they have no idea what a ion. Again, I just come before the larly those from Florida—to insert into great institution this is. And the peo- House tonight, and I am going to talk the RECORD a statement relating to the ple like DAVE WELDON who come here in a minute about some other issues, retirement of one of our colleagues, the and serve, again, selflessly serve, some- but I see DAVE WELDON has come to the Honorable DAVE WELDON of Florida— times leaving their family aside, but floor. I didn’t know whether or not he Dr. WELDON as he is known and also as always meeting their responsibilities. would be here. But, DAVE, on behalf of he is professionally titled. But DAVE after 14 years is going to the whole Florida delegation, many I’ve known DAVE since he decided to leave us, and the House will not have who will be submitting statements to run for Congress. He is one of, I think, his service or his knowledge. the RECORD as a part of our tribute to at least 30 individuals on our side—and One of the things I would love to do you and thanks for your service, I we have some incredibly dedicated and with DAVE WELDON was listen to him thank you on behalf of all of not only distinguished Members who have speak. He would come to the floor, and the Members of the Florida delegation served many, many years in the House very often there are well-intended and not just the Republican side of the of Representatives—who is retiring. folks who talk about subjects, and aisle, but those on both sides of the It’s a little bit of a concern to me. You sometimes they know the subject fair- aisle, I want to thank you for your know, maybe this has become a very ly well and sometimes they have no years of service to your district, the difficult job. It’s not one for the faint idea. People expect Members of Con- State and the Nation. of heart. It’s a job to which people gress to know everything, and most of I yield to DAVE. must devote all of their time awake— us are generalists when it comes to leg- Mr. WELDON of Florida. I will be their hours in the days and on the islation. And we are also products of brief. I want to thank you for rising as weekends. Sometimes when they say our experience. you have tonight and acknowledging they’re going back to their districts on DAVE is a product of great profes- this time for me, my retirement from recess, those Members go back and sional experience and background. The the U.S. Congress. It is extremely kind have much more full schedules than we thing I loved about DAVE WELDON, he and very nice of you to do this. We have even in Washington. could come here and talk about issues couldn’t be busier than we are today, DAVE is one of the Members who is that are near and dear to my heart. He and for you, JOHN MICA, to take a mo- retiring, DAVE WELDON. This concerns would talk about medical procedures. ment to acknowledge me and as I un- me. It is going to be a loss to this Con- We have had debates about abortion derstand it, you are also going to say a gress. Very often, we see people come and debates about different procedures. few words about some of the other re- to Congress from many different back- Some people sort of talk, again, on sort tiring Members, I think it speaks very grounds. DAVE WELDON is the kind of of their general knowledge. But DAVE well of you. guy who we should encourage others WELDON is someone who can and has I want to thank you for you being my with his qualifications and background stood up here in the House of Rep- big brother. I got elected in 1994. I to come to Congress. resentatives and spoken from knowl- came right out of my medical practice. edge, experience, from professional The delegation or Newt Gingrich as- b 1815 medical training, a very smart indi- signed you to make sure that I would He is a physician, and he probably vidual whose talents again we are be able to find the restroom and things can make four or five times as much as going to lose. like that. Of course I am being silly on he has made in the service to the I hope this isn’t the case that the that point. You gave me a lot of excel- United States House of Representa- good get going in the House of Rep- lent advice on how to be a good servant

VerDate Aug 31 2005 04:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.067 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10682 CONGRESSIONAL RECORD — HOUSE October 2, 2008 of the people. I want to thank you for don’t think Florida or our space coast And for the most part, again, I be- that. could have a better advocate. lieve that this body is reflective of the Certainly I am going to be missing Again, to DAVE WELDON, thank you population that they represent and try people such as yourself, obviously a for your 14 years of service to our Na- to do the best they can in representing man very dedicated to fighting for good tion. I thank Nancy Weldon and his folks. Republican conservative principles wonderful two children. We are very I have been married for 36 years, and here in Washington; but really more proud of DAVE WELDON and his depar- I tell folks that there is not a day that importantly, American principles of ture from this House will be a loss. goes by that my wife and I don’t dis- freedom and democracy. So you have OUR FINANCIAL CRISIS agree on something. Now, usually, she been an outstanding role model for me. You know, tonight I want to speak a wins the argument. But the House of There will be a replacement for me in minute in addition to saluting a leav- Representatives is no different. We a few short months, and perhaps you ing colleague to the question of where have 435 very diverse individuals who can take that new congressman under we are in this country today. I have come from very diverse parts of this your wing and provide them continued heard a lot of comments, some pretty great land and come together. leadership as you have done in the rough comments this week, and Mem- So we have had a very difficult week past. bers have been under siege on the fi- or two. We face a crises in the financial I also want to thank you for all you nancial crisis. I respect some who have markets. And as MARCY KAPTUR said, have done for the State of Florida on spoken here. The gentlewoman from our job is to stay here; it’s not to go the Transportation Committee. Your Ohio (Ms. KAPTUR) said how important out and campaign. Our job is to stay work has been very, very helpful to my it is that Congress stay here and get here if it means 24–7. And there are constituents and I really think to the the job done. We do face a very serious many folks that we represent that are entire State. So thank you, JOHN MICA, financial crisis. hardworking Americans. Some of them for all you do. Certainly I extend my We have had several proposals. Of triple up on jobs to make ends meet. I thanks to your wonderful wife, Pat. It course Mr. Paulson brought one out, did that at one time, had to struggle fi- has been great getting to know her and I will talk about those in a second. nancially to make ends meet. There over the years. I am hoping this is not But I want, Madam Speaker, the people are folks who are working day and good-bye, that I will be in some capac- of the United States to know that for night to provide for their families. ity involved to the degree I will be able all the disparaging comments made There are retirees who have worked to see you and your family in the about Congress, this in fact is a great their whole lives and have their sav- months and years ahead. institution. It is in fact representative ings at stake and their retirement at Mr. MICA. Again, we are so proud of of the people. Sometimes people say stake. DAVE WELDON and to his service to the that special interests run the place, But I truly believe that the institu- House of Representatives. He is the and I don’t see that to be the case. For tion does somehow work its will—and first medical doctor to serve from the every issue there is a lobbying side on it is amazing with 435 people—and it State of Florida. He is also one of the one side and an equal and opposite lob- will work its will. first Representatives from Florida’s bying force on the other side. We have And I think it’s great that people east central coast to serve on the Ap- seen incredible public concern about take the time to call. I sat in the office propriations Committee, and we will legislation and proposals that have the other night—and we were there certainly miss his presence on that been brought by the administration quite late—and I picked up the phone committee. and passed by the Senate. That’s inter- and started answering calls during that On the Appropriations Committee, esting because the public actually, I evening and several times during the DAVE WELDON served on various sub- believe, is the biggest lobbying factor. day picking up the phone. I have, fortu- committee, including the Science, The Founding Fathers were incred- nately, very capable staff who also as- State Justice and Commerce Sub- ibly wise some 200 years ago to devise sist me. Otherwise, I would just be on committee. He also currently has a system of having Members run every the phone 24–7. But it was great to hear served on the Labor, Health and 2 years, and it doesn’t matter who from people, and that’s what this proc- Human Services as well as the State gives them campaign contributions and ess is all about is this House and this and Foreign Operations Appropriations where they are from, they must listen Congress should and must be reflective Subcommittees. to the people and be held accountable. of people, and that process is taking DAVE has been a very active advocate They are the only elected Federal offi- place right now. for the cause of autism. He has worked cers who must be elected by the people, How we got ourselves into this situa- also with those interested in finding a and they know that. tion is sort of an interesting thing. I cure on cancer, and it is great that we heard a number of comments, and I have had a physician to be part of the b 1830 went back to review some of the his- Cancer Caucus. He is also a strong ad- So the Founding Fathers created a tory. And again, whether we’re talking vocate for renewable energies, and he great system 200 years ago. And, of about DAVE WELDON, a medical physi- has been active in that caucus and the course, we have the Senate, which was cian who came here with certain Tourism Caucus that is so important the other body which was originally knowledge, we’re all a little bit dif- to the State of Florida, and the Mili- appointed by the State legislatures, ferent. I came here. I was in business. tary and Veterans Caucus. and that body has a 6-year term and I had a small development and real es- DAVE WELDON is a veteran, and he is their own way of doing things. tate investment business activities. I also a member of the Veterans of For- But this is an incredible institution, had my own personal experiences with eign Wars Post 453 known as the Rock- our government. And the people who banks and with financial institutions et Post in Rockledge, Florida. I know serve are no different than the rest of which led me to certain actions. they share my pride and everyone’s the population. Of course, we’ve got a Part of the reason I think we got our- pride in DAVE’s service, not only to our few bad eggs in Congress. And the great selves into this—and I will just review country in uniform, but also here in part about our system is they get sort- some of the history for those who may the House of Representatives. ed out either by our incredible judicial not be familiar with it—is a bill that In previous years DAVE WELDON has system, criminal justice system—some was passed after the Great Depression served on the House Science Com- of them, I always tell students who and the bank failures after the depres- mittee, the House Banking Committee, come to the Capitol, that they are held sion was called Glass-Stiegel. And that and the Government Reform Com- accountable and they must—and law prohibited banks and financial in- mittee. He was also a member of the whether you’re a student or you’re the stitutions from making speculative in- Education and Workforce Committee President of the United States or a vestments, taking depositors’ money during the 104th Congress. One of his Member of Congress, in our society— and investing it in speculative ven- leadership positions has been on the and this is the great difference—you tures. Science Subcommittee on Space and are held accountable. If you do wrong, In 1999, a proposal came to Congress, Aeronautics for 8 years. And again, I you will be held accountable. and I think under the guise—the name

VerDate Aug 31 2005 03:23 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.070 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10683 of the bill was the Financial Mod- some of these financial issues—I’m not tities had significant problems, that it ernization Act of that year—they pro- on the Financial Committee—is CHRIS could be a major, major hit to our posed that the provisions on the re- SHAYS, a gentleman from Connecticut. economy. strictions of speculative investments Chris asked me to cosponsor legislation And we got tremendous resistance by banks and financial institutions be to bring Fannie Mae, Freddie Mac into from the left, from the Democrats. lifted. I thought long and hard about some regulatory regime. I believe at They were telling us there is nothing this, and based on my personal experi- that time we were looking at the SEC wrong with Fannie and Freddie. In- ence, I made a decision in 1999 not to or something to get a handle on the deed, what I found to be particularly vote to repeal those restrictions, again agency that, again, was backing our objectionable whenever we would bring allowing banks to get into some specu- mortgages who was going overboard in up the thing that we were most con- lative activities. some of these areas. cerned about, which was giving loans That was based on my experience, Repeatedly, attempts to pass that to people who had limited ability to again, in the private sector and in busi- legislation, to put some curtailment on pay back their loans and the potential ness and some of the development in getting into speculative investments systemic effect that that could have on real estate activities I’ve been involved were blocked. This isn’t the time to our economy, we were accused of being in. point fingers, but many on the other racists. And low and behold—and thank I felt that financial institutions, par- side of the aisle unfortunately got into you for mentioning President Bush. ticularly those with depositors’ money, stymieing those efforts. No less than President Bush repeatedly brought should not be in competitive activities some 17 times has this administration bills forward saying Fannie Mae and or speculative activities competing brought to the Congress in the last Freddie Mac represented a significant with, again, folks that they are really number of years, several years, pro- risk to our economy and that we need- set up to provide financial services to. posals to deal with regulation. And ed to regulate them better. Of course, I was one of a handful of Members, even back in the time when everyone the President was rejected by the other both in the House when the bill came was focused on terrorism in 2003—and side of the aisle in his initiatives, and here, final passage some months later, national security and international you can never get anything like this the end, I believe, of 1999, when the Fi- terrorism were the prime issues—this through Congress if you can’t get nancial Modernization Act passed. administration also proposed dramatic Democrats in the Senate on board be- Now, under that guise—again, I think overhaul and reform; every time cause of the cloture rule over there. So it was another door that opened for brought to Congress and turned down. we were essentially never able to really folks to, in the banking industry, to There are some interesting record- move forward in this. put some of the money into more spec- ings I’ve seen of some of those hear- And low and behold, it was discov- ulative activities and investments. ings. If anyone wants to access them, I ered in 2004 there were significant prob- Now, one of the things that we’re have seen them on YouTube. I think lems with fraud, abuse, executives get- going to do next week, and I enjoy my that they’re very telling of how people ting—cooking the books, getting huge service on the Government Reform and turned a blind eye towards bringing multimillion dollar payoffs. Some of Oversight Committee—that’s our in- this situation under control. these—a lot of these people were vestigative committee of Congress— I see my colleague that I paid tribute former Clinton administration people. we’re going to hold hearings beginning to, DAVE WELDON, has come out. And I And then low and behold, we come to Monday and Tuesday, and I appreciate am pleased to yield to him for a minute today where we have this huge melt- Mr. WAXMAN calling some of these as I continue this little review of how down in the real estate market and the hearings. We’re going to look at the we got ourselves into this tough situa- Federal Government literally has to failure of Lehman Brothers, we’re tion. step in and take over both of these en- going to look at the failures of AIG. Mr. WELDON of Florida. Well, I tities. And I’m hoping—and Mr. DAVIS, who is thank the gentleman for yielding. I And the important thing that is our ranking Republican member of wanted to stay and linger and listen to worth mentioning, we now have a cred- that important investigative com- the direction of your special order it crisis, and the reason we have a cred- mittee—I’m hoping that he and I can here. And I couldn’t help but feel the it crisis is we have all of these banks convince Mr. WAXMAN to go further. need to come down here and ask you to holding stocks and bonds in Freddie Unfortunately, I don’t think there yield time, and I thank you for doing and Fannie, a lot of it which is now was proper oversight of Fannie Mae that. worthless, and so they’re seeing their and Freddie Mac. We saw during the I sat on the Financial Services Com- balance sheets very negatively affected 1990s a movement towards allowing, mittee from 1996 through to 2002. And by that. And banks, of course, lend out unfortunately, speculative investments one of the first things that was brought money on a 10–1 ratio. For every $1 of in lowering the reserve under, again, to my attention, once I got on the com- deposits they have, they can loan out unfortunately, under Franklin Raines, mittee, was the concern that many of $10. the former Clinton OMB director who us had on the committee about the became the head of that important rapid growth of Fannie Mae and b 1845 agency. There was a change in rules— Freddie Mac, the two very, very large They’re seeing hundreds of millions not a change by law—but a change in government-sponsored entities—they of dollars of their holdings in mort- rules that allowed them to lower their call them GSEs. It was sort of a mon- gage-backed securities collapsing in reserves from 10 percent down to 21⁄2 grel creation that was somewhat free value, and so, therefore, of course, we percent. I think that was another fatal market, selling stocks and bonds. And have a systemic credit crisis and, as a mistake. then, nonetheless, it had a Federal result, one of the toughest economic And also another fatal mistake that backing to it creating an impression times that we’ve had in years and led to the current banking crises was that it was an arm of the Federal Gov- years and years, and a lot of it goes the decision to allow even that agency, ernment. back to failure. which was backing up our mortgages And the concern was, essentially, And I really appreciate the gen- nationally, to get into the subprime that it was not a properly regulated en- tleman doing this because there were area. tity. There was this very small agency many Republicans on that Financial So, we had sort of a mentality that within Treasury called OFHEO, which Services Committee, and I was one of we should be allowing banks and finan- was given the responsibility, very them, who wanted to get better regula- cial institutions, Fannie Mae, Freddie small staff, very limited number of ex- tion, strengthen OFEO so that they Mac, to get into speculative adven- aminers, to monitor these two gigantic would become a better regulatory tures. And the situation, as I recall, we entities that had assets into the tril- agency and actually reduce the size of could see the beginning of problems lions—not billions—but trillions of dol- Fannie and Freddie. back in 2002. lars. And the concern that many of us, And I will say this, those two entities In 2002, I have to say that one of my many of the Republicans had on the should never be allowed to be resusci- colleagues who pays close attention to committee was that if one of these en- tated. The good assets they have

VerDate Aug 31 2005 03:23 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.073 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10684 CONGRESSIONAL RECORD — HOUSE October 2, 2008 should get sold off to private investors. said we should limit the amount that not have any value. Some of the bor- The money, the revenue that comes in we would lend to folks, there would rowers may be deadbeat, the properties from that should be used to repay the probably be an outcry. may be defunct, but there are many taxpayer for the lost taxpayer money And what we saw was the creation of properties that will have value, and that’s going to result from us having to financial instruments, and we now there are people who do pay these bailout Fannie and Freddie, and they know them to be called subprime, loans. And what I believe the Congress should never be allowed to occur again. which assumed again some of the debt has to do is work to get the credit mar- I’m all for helping lower-income peo- and responsibility, and these mort- ket back in order to establish some ple who have the resources to pay for a gages ended up being cast throughout value for paper that does have some mortgage to get into a mortgage, but and interwoven throughout our entire value, and some of that subprime does we shouldn’t be doing it to the extent financial system and assumed as solid have value. that we did do, and the result now is assets or assets that had some value. I was the chairman of the Aviation some of the economic problems we’re Many of them may have value, but Subcommittee during the 9/11 terrorist having today. my point here is that the Congress and attacks, and I recall the responsibility So thank you, JOHN MICA, for bring- others in different administrations also I had as chairman to try to bring some ing this up. This is an important issue, encouraged homeownership. No one order to the financial stability of our and I again applaud you for your work called for a breaking of loaning to mar- aviation industry. Today, we’re some 7 on the Government Reform Committee ginal borrowers, and so this situation years away from that horrendous time because I know you have been working that we’re all familiar with now was when the entire industry collapsed, this issue as well for years. created. And we do have a responsi- planes were halted from flying, mar- Mr. MICA. Well, reclaiming my time, bility, one, to hold people accountable kets totally ran away from the avia- I do thank my colleague DAVE WELDON who made errors not only in judgment tion industry, airlines. for his comments and also for his insti- but also fudged their books and walked And I look back on the history of tutional recollection. And that’s some- away with huge amounts of profits, that. In 11 days, working in a bipar- thing we’re going to lose with him de- commissions, and salaries. tisan manner, we were able to get to parting from the Congress, and that’s I know that everyone’s concerned the President a bill that helped sta- why it’s so important—and I know peo- about the $700 billion that is proposed bilize the finances for the industry. ple think there should be a turnover in by Secretary Paulson and also passed Most people don’t know this story. We Congress, but it is very important that by the other body, and they’ve tried to didn’t provide loans. We didn’t provide we keep people here who have been say that folks who took advantage of direct cash, although, we did pay air- through some of these hearings, heard the situation previously should not ac- lines for auditable damages that were some of the so-called song-and-dance tually have an opportunity in the fu- done by failure of the United States and get sort of, as Paul Harvey says, ture to participate. And I think there’s Government in protecting those air- ‘‘the rest of the story.’’ no question that that restriction has to craft. And I think that also stemmed a But DAVE WELDON brought up several be placed there, but I think what’s lot of the potential for suits and car- points. First of all, again, with Mr. even more important is to make cer- rying the results of that disaster and DAVIS, the ranking member, I intend to tain that those responsible for the situ- terrorist attack on. But what we did was we provided ask that we, our committee, Govern- ation we’re in are held accountable, the loan guarantees. We had about $10 bil- ment Reform and Oversight, conduct people that, again, ran away with hun- lion worth of loan guarantees, and we extensive review of all those who dreds of millions of dollars and fled required also very tight parameters in walked away with hundreds of millions with the commissions and bonuses. which those loan guarantees would be of taxpayer dollars. We need to start And I, again, will call on the Chair of with Franklin Raines, the former OMB granted. the Government Reform and Oversight It’s interesting that about 2 months Director under the Clinton administra- Committee, Mr. WAXMAN, and I think ago every one of those loans—now, sev- tion, who headed up the agencies that, Mr. DAVIS will join me, in asking for eral of them were rescheduled but again, DAVE WELDON spoke about, those additional hearings and to hold every loan was paid back. The taxpayer Fannie Mae and Freddie Mac. And I am those people’s feet to the fire. made $323 million, a third of $1 billion, told that just Mr. Raines alone walked Again, we have gotten ourselves into and the fund was closed out. away with $100 million. I know there a difficult situation. We have inter- It would be my hope that whatever have been some proceedings, and he got woven into banks and financial institu- measure we take—and I would prefer a slap on the hand, but Mr. Raines had tions these subprime instruments and either backing with insurance or with accomplices in the cleaning out of that paper. Suddenly no one wants to trade some guarantee that paper that’s agency. Not only did they inflate, as I them. The value is a zero on balance there. Quite frankly, I do have a prob- understand it, their returns so that sheets. We do have a credit crisis in the lem with the Paulson proposal. The they could get huge bonuses, but they country. Paulson proposal the Secretary were only slapped on the hand for their I took some time to review how we brought us initially was to give us $700 misdeeds, and now some of their mis- got ourselves into this mess and tried billion and we’ll buy these mortgages deeds are becoming the responsibility to outline it as objectively as I could up, this bad paper or this paper doesn’t or the potential responsibility of hard- and what occurred, and we have pretty that have worth right now, and sort of working Americans who are going to good documentation for what I offered trust me. have to pay for that. here tonight and also for what Dr. Now, the House of Representatives, So I will demand hearings, and we WELDON offered here tonight. again being reflective of this Nation, will find the individuals that allowed The question now is how we work did not want to allow that to happen, themselves to take advantage of these ourselves out of the mess without leav- and we saw a vote in this House that agencies and these activities and ing the taxpayers at bay. I represent did not allow that to happen. There walked away with tens of millions and tens of thousands of hardworking folks, were modifications and some protec- left us in the straits that we are in and every day they’re doing their job, tions and some improvement from the today. raising their family, going to work, Paulson original proposal. The Paulson Additionally, again, I think it’s im- paying their taxes, paying their mort- proposal was number one. portant for folks to know that some of gage, paying their bills, and now I’m The measure voted on in the House, the changes that were made, again, being called on as a Representative to at the insistence of many of my col- back in the 1990s with these agencies ask those folks to subsidize someone’s leagues on my side of the aisle to im- were to encourage homeownership. If I bad judgment, bad investment or risk prove the package, was proposal num- came to the Congress 4 years ago and that they took, or someone who made ber two. gave a speech that said that people bad decisions that allowed people to I don’t know if proposal number with limited incomes, people from cer- produce that now worthless paper. three will make it or not in a vote that tain areas of the community that may I might say that that paper is not we may have here in the House tomor- be blighted shouldn’t get loans, or if I necessarily worthless. Some of it may row. I think we’re going to. I have not

VerDate Aug 31 2005 04:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.074 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10685 seen all the details of it, and I hope to intends to sign the first Amtrak Reau- of them who provide public transpor- tonight before I cast my vote. thorization bill in 11 years, which also tation—will make certain that they But, again, we have to think of the has a Rail Safety bill incorporated in have the latest safety train separation people that we represent out there, it. equipment in place. Also in the bill are hardworking folks who have met their I’ve been the harshest critic of Am- other measures to improve safety; obligations. Some of those folks are re- trak. I’ve ordered more investigations crossing improvements and rail safety tired and want their retirement funds and Inspector General reports, GAO re- inspections that will be enhanced. secured. Some of the folks I represent ports of Amtrak; not that I oppose pas- So I think when you hear some of the are businessmen and -women who are senger rail service, I think it’s needed bad news—Congress can’t get it done, having trouble getting credit, expand- in this country, but I had problems Congress doesn’t do its work, you guys ing business or even meeting payroll. with the way our government—I call it up there just don’t have a clue—there So we do have an obligation to do ‘‘Soviet-style’’ Amtrak—operation ran. are many things happening that are something, but that should be based on And, unfortunately, for many years, 11 positive, that are done in a bipartisan a sound plan. years now, Congress has given Amtrak fashion. Again, I would prefer some sort of in- money without setting policy and pa- Now, the story I just told you, the surance backing or guarantee backing rameters and reforms that are long story about the aviation so-called by the government for those instru- overdue. ‘‘bailout,’’ that won’t be in the paper ments to give them some value, and if I’m pleased that, as the Republican tomorrow. No one wants to print those they have value, then they can be as- leader of the House Transportation stories; they want to print the story sessed on the balance sheets of all Committee, myself, Mr. SHUSTER, the that the Congress is not doing its job, those who are holding them, and also gentleman from Pennsylvania, our Congress is not acting responsibly, for that guarantee or for that insur- ranking Republican member, Ms. Congress is in a fight and this one is ance, the lenders or those who have ac- BROWN, the Chairwoman from Florida calling that one something. That’s not quired that paper would have some fi- of the Rail Subcommittee, and Mr. what it’s about. Sometimes that does nancial obligation. OBERSTAR, my Democrat counterpart, occur, and probably in this Chamber. If the chairman of the T&I Committee, we look at the history, they’ve almost b 1900 Transportation Infrastructure Com- had some duels and fisticuffs in the That obligation and money could be mittee, did work in a bipartisan fash- past and some very harsh language ex- pooled and also help absorb any losses ion. We took Amtrak apart. We in- changed. But it is, again, a reflection for bad investment or bad paper. That cluded reforms that are long overdue. upon our society, upon human nature. would be my approach. I’m one of 535; We have opened the door for historic And these are all human beings, with I don’t necessarily get my approach. participation by the private sector in all their pluses and minuses; for the I’m not sure I’ll get that opportunity developing, financing, constructing, most part, they’re good folks and they to vote on that proposal. and also operating—for the first time do their best to represent people across But any proposal that we do have, in across our country, where it makes this great land. my judgment, will be based on how it sense and where it can be used in some Finally, again, I just want to say treats the taxpayer and the person who 11 corridors that have been designated, that, in my years of service here—and has met their responsibility, not the high-speed rail. One of Mr. SHUSTER’s I’m kind of unique in the Congress in individuals who have taken advantage ideas was to take some of the money- that my brother served here as a Dem- of the system, who have taken business losing routes, put them up for private ocrat Member, I’m a Republican, we’re risks or investment risks or gone be- bid competition, which is also included the only two brothers or siblings to yond what should be reasonable cau- in the legislation that’s headed for, we serve here since 1889 from different par- tion with investment of either their de- hope, the President’s signature soon. ties, but we’ve seen it on both sides of positors’ money, their investors’ We saw the opportunity to expand the aisle, so to speak. But you do see money, or, in this case, if we give it to passenger rail service because our Na- the magnificence of the structure and them, taxpayers’ money or backing. tion is facing an energy crisis, and the system created by our Founding I know the House will work its will. there is no better way to move people. Fathers, and it somehow does work. It We’ve had tough times in the United Unfortunately, the United States has probably shouldn’t work with all the States. The Congress has always risen become somewhat of a third-world diversity of opinion and people and to the occasion. And as I said, this is a country when it comes to rail pas- places and folks that they represent, great body. People, again, have been senger service and we have no true but it does work, and that’s what has very critical of it this week, but it is a high-speed rail service, passenger serv- made it a great Nation. And the Union system that does work, that does allow ice in the United States. has prevailed, even in some very dif- for debate, does allow for opportunity So within that legislation we’ve in- ficult times. to participate. And the public, each one corporated dramatic changes, some op- So if it requires 24/7, if it requires us of the public who have called my office portunities for expanded service with staying here through November, De- or other offices to express their opinion partnerships, not with the Federal cember, we need to get the job done for are also participating in the develop- Government paying the whole tab, the American people and for the oppor- ment of hopefully what will be a posi- with a set out formula for participa- tunity for those who come behind us, tive outcome here. Do we know if tion; and again, expecting some ac- our children and our grandchildren and whatever we pass will work or what I countability from the investment that future generations, to have, again, the suggested will work? I don’t know. You we’re making in passenger rail service same opportunity that we’ve had. do your best. And I think people will in this new legislation. So I’m sorry I can’t come tonight and try to do their best when we have that Finally, in that bill, we did incor- just condemn everybody and throw vote here tomorrow. But again, I think porate some needed rail safety meas- bodies around and create some dif- that if we all calm down, approach this ures. One of those measures relates to ficulty that would set the House on from a rational standpoint, from a positive train separation, trying to get fire, but I thought it would be better to business-like and commonsense stand- technology where we have passenger come tonight and talk a little bit point, and also for the true benefit of service that’s mixed with freight lines about the greatness of the institution those people we represent, the Amer- and have the latest technology to en- and the ability of the Members that are ican taxpayer, the American citizens sure that we don’t have a repeat of here to solve any task that confronts across our great land. what we saw in California with the loss them and do it in an honorable fashion. And finally, I believe that there isn’t of lives several weeks ago. That was a So those are my comments tonight. I any challenge that we can’t tackle. horrible accident that possibly could be came originally to honor one of those While everyone is focused on the finan- prevented. And by 2015, according to Members from the Florida delegation cial challenges that we face and the this legislation, with a little bit of help that’s leaving, Dr. DAVE WELDON. credit crunch crisis, I’m very pleased from the Federal Government, our There are many others that are depart- that I learned today that the President freight and passenger partners—many ing of their own volition, there are

VerDate Aug 31 2005 03:23 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.075 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10686 CONGRESSIONAL RECORD — HOUSE October 2, 2008 some that will be taken out by the vot- A motion to reconsider was laid on age group, education, or social status. ers; but they all, in my estimation, the table. It wreaks havoc on our increasingly have done their best to serve their rep- f stressed health care network, our over- resentatives, each and every one of flowing criminal justice system, and, NATIONAL DOMESTIC VIOLENCE them, in their own way. of course, on our daily lives. So with that, Mr. Speaker, could I AWARENESS MONTH Domestic violence continues to im- ask how much time I have remaining? The SPEAKER pro tempore. Under a pact communities in Kansas and across The SPEAKER pro tempore (Mr. previous order of the House, the gen- America. Each year nearly 4 million PERLMUTTER). The gentleman from tleman from Kansas (Mr. MORAN) is new incidents of domestic violence are Florida has 3 minutes remaining. recognized for 5 minutes. reported in the United States. Of those Mr. MICA. Well, again, with that, Mr. Mr. MORAN of Kansas. Mr. Speaker, 4 million cases, nearly 100,000 Kansas Speaker, I do conclude my remarks and many things are going on in our coun- women fall victim to domestic violence thank those of you, Mr. Speaker, and try tonight and this week, and the Con- each year. Each day in America, over my colleagues who have listened to- gress faces difficult decisions. But the 53,000 victims receive care through do- night. And I thank the American peo- death of a son or daughter, a family mestic violence programs, the pro- ple for the trust they place in this in- member, all these other things can pale grams that Jana volunteered and advo- stitution, and once again reassure in the tragedy that encounters many cated for. them that this is a great Congress and families across this country. Despite the harsh realities, there is Tonight, I want to recognize the a great country, and we will do the hope for tomorrow. It’s my belief that month of October as ‘‘National Domes- right thing. Sometimes it takes one or with continued education, resources, tic Violence Awareness Month.’’ Most two times to get it right, but we’ll be and support, the victims of domestic years that I’ve been in Congress I have there. violence can overcome their condition. come to the floor in October to try to In the 69 counties I represent, it’s the f raise the awareness of the death and vi- same belief that maintains and encour- FURTHER MESSAGE FROM THE olence that occurs in our homes across ages the nine domestic violence centers SENATE America. I think significant progress in that district. These agencies are has been made in calling the attention A further message from the Senate vital to our communities as they raise to domestic violence and helping vic- by Ms. Curtis, one of its clerks, an- awareness, advocate for victims, and tims and families recover from abuse; nounced that the Senate has passed provide support to those victims with however, so much remains to be done with an amendment in which the con- resources and the care they so des- because senseless acts of violence are currence of the House is requested, a perately need. still taking place in homes and com- Jana made a greater impact in her 25 bill of the House of the following title: munities across America. H.R. 7222. An act to extend the Andean years than many individuals do in a Tragically, I was reminded of the lifetime. And while Jana’s story is Trade Preference Act, and for other pur- need for greater efforts to combat do- poses. tragic, her example is a lesson and an mestic violence this past July when inspiration for all of us to be more ac- The message also announced that the tragedy struck in my home State of Senate has agreed to, with an amend- tive in the fight against violence. This Kansas. Tonight, I’d like to share with is why her family started the 1100 ment in which the concurrence of the you the story of Jana Lynne Mackey. House is requested, a concurrent reso- Torches campaign. On July 20, 1982, Jana was born in At Jana’s funeral 1,100 people were in lution of the House of the following Harper, Kansas. Jana was raised pri- attendance, which indicates the mag- title: marily in my hometown of Hays, Kan- nitude of the impact of her live on oth- H. Con. Res. 440. Concurrent resolution sas, where she was an active member of ers. In the aftermath of her death, her providing for a conditional adjournment of 4–H, an athlete, and a very talented the House of Representatives and a condi- mother, Christie Brungardt, and her musician; but most of all, she was a vi- stepfather, Curt, along with family and tional recess or adjournment of the Senate. brant and caring young woman who friends launched the 1100 Torches cam- f fought for those whose voices would paign to serve as Jana’s call to action; PROVIDING FOR AN ADJOURN- not otherwise be heard. Following high school graduation, that despite our personal politics, we MENT OR RECESS OF THE TWO can make a difference in the world and HOUSES Jana completed a bachelor’s degree where she discovered her passion, advo- in turn make it a better place to live. The SPEAKER pro tempore. The cating for those who needed her help. It is the campaign’s hope that through Chair lays before the House a privi- She went on to pursue a law degree at Jana’s story, 1,100 people will be in- leged message from the Senate. the University of Kansas with the goal spired by her to serve others and to The Clerk read as follows: of using that education to further the make a difference in their commu- In the Senate of the United States, October cause of others. nities. I encourage my colleagues and 2 (legislative day, September 17), 2008. Jana tirelessly fought for equality all Americans to learn about Jana’s Resolved, That the resolution from the and social justice through her many story and the impact of domestic vio- House of Representatives (H. Con. Res. 440) local and national organizations that lence by visiting the 1100 Torches cam- entitled ‘‘Concurrent resolution providing she belonged to and worked for. She paign Web site at www.1100torches.org for a conditional adjournment of the House and by learning more about this issue of Representatives and a conditional recess was an active volunteer in the Law- rence Safe Center, a facility that aids in your local community. or adjournment of the Senate.’’, do pass with We’re making progress and drawing the following amendments: victims of sexual assault and domestic 1. On page 1, line 3, strike ‘‘from Monday, violence. But on July 3, 2008, Jana’s attention to domestic violence this September 29, 2008, through Friday, October body was discovered in an ex-boy- month in October; yet this problem 3, 2008,’’ friend’s home. Her own promising life continues to impact our communities 2. On page 2, line 2, strike ‘‘that’’ and all prematurely ended at the age of 25 by and their families. We must not forget that follows through line 9 and insert ‘‘the an act of domestic violence. about those violent crimes that de- Senate may adjourn or recess at any time stroy homes and families and devastate from Thursday, October 2, 2008, through Jan- All too often, we think domestic vio- lence doesn’t occur in our own commu- lives. This October let us remember the uary 3, 2009, on a motion offered pursuant to victims of domestic violence and learn this concurrent resolution by its Majority nities or to people that we know or Leader or his designee until such time as families that we care about, but Jana’s from their courage as we do our best to specified in that motion, but not beyond story is evidence that no State, no ensure that our communities are safe noon on January 3, 2009, and it may reassem- community, no family is immune to places to live, to work, and to raise our ble pursuant to section 2 of this concurrent the far-reaching presence of domestic families. resolution.’’ violence. Mr. Speaker, I ask for continued sup- 3. On page 2, line 15, strike ‘‘time’’ and in- port and assistance of domestic vio- sert ’’respective time’’ b 1915 lence prevention programs, and tonight The Senate amendments were agreed Domestic violence is a problem that I pay tribute to the young life of Jana to. does not discriminate on race, gender, Mackey.

VerDate Aug 31 2005 04:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.076 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10687 AN ANALYSIS OF THE EMER- neighborhoods across this country, So let me recap. We are coming back GENCY ECONOMIC STABILIZA- where people took pride in their prop- with a bill that has no stronger protec- TION ACT OF 2008 erty, where people spent their whole tion for homeowners, no changes in the The SPEAKER pro tempore. Under lives trying to improve their property, language to ensure that the Secretary the Speaker’s announced policy of Jan- and their property was their biggest in- has the authority to compel mortgage uary 18, 2007, the gentleman from Ohio vestment. servicers to modify the terms of mort- (Mr. KUCINICH) is recognized for 60 min- Mr. Speaker, if you were to come gages, over 300 pages of tax cuts and utes as the designee of the majority with me to the Forest City Park area, tax breaks that have absolutely noth- leader. there are still homes that are being ing to do with the housing crisis at the Mr. KUCINICH. Mr. Speaker and kept up. There are still people who center of the storm, and, get this, no Members of the House, tomorrow this sweep their doorstep every morning stronger regulatory changes to fix the House of Representatives will take a and who even clean the streets on their circumstances that allowed this to momentous vote. It is a vote which will own. But the good part of the neighbor- happen. hood has been inundated and caught up determine whether or not this House How did it come to be that we could in this subprime mortgage crisis. will be able to meet the needs of mil- see this condition occur where specula- House after house after house has gone lions of homeowners who are facing tion ran wild on Wall Street and yet into foreclosure. House after house foreclosure or whether or not we are the very agencies that ought to be after house is being boarded up. Fires simply going to go along with a $700 watching it have had nothing to do are starting in neighborhoods, taking billion bailout to America’s banks and with stopping it? The cop at the Secu- up some of these properties that were to Wall Street, which has searched that rities and Exchange Commission once the pride of the community. somehow these benefits are going to walked off the beat, did not restrain trickle down. Now, we know how this subprime mortgage crisis started. We know it firms that they knew were speculating We know that the Senate took action with derivatives to a factor of 30 and 40 to pass its own version of the bill, and started with speculation on Wall Street times. How could this happen? How we in turn will have the opportunity to where they created derivatives that could the Federal Reserve, knowing vote on that Senate version. I want to came from groups of mortgage-backed that banks were up to their ears in share with my colleagues an analysis securities. We know that property val- these financial instruments, not look of the Senate bill so that when we ues were inflated deliberately, that to see how that might threaten the un- come to vote on it, we know exactly people desperate for a home were told derlying financial stability of a bank? what this bill will not do. that they can get their home without In the bill that will be presented to any documentation, just sign on the They walked off the beat. And so it the Congress, there are no stronger dotted line. The value of it was inflated comes to this Congress to decide what protections for homeowners and no so Wall Street firms could have in- to do. changes in the language to ensure that flated assets on their books and then The thing about this that I think is the Secretary has the authority to keep trading and trading and trading the most vexing is this condition: that compel mortgage services to modify them, and then when property values our government, which is already tril- the terms of mortgages. Now, this is started to drop, when there was an eco- lions of dollars in debt, in effect is significant because, as many econo- nomic slowdown, people couldn’t pay going to have to borrow $700 billion mists agree, the central focus of the their mortgages, everything became from the banks, with interest, to give unraveling of the economy has been unraveled. How many people’s dreams the banks a $700 billion bailout. Where with people not being able to pay their were destroyed? Well, in Forest City are we going to get the money? We’re mortgages for a variety of reasons. And Park there were many dreams de- not cutting $700 billion out of the budg- when that happens in millions of stroyed. There were many people who et; we’re going to borrow the money. homes, that has a percolating effect. It saw a life’s work disappear because of And when we borrow the money to give affects the banks and it affects Wall the lack of regulation. to the banks, the banks in return will Street. You would think that given the And today they and millions of give us their toxic debts. fact that this is the underlying prob- Americans like them look to Wash- We are being told this is the only lem that we would be considering a bill ington to try to say what are we going way we can solve this financial crisis. that would directly address dealing to do to help people who, through no Whom are we solving this crisis for? with the terms of the mortgages. But fault of their own, are caught up in a Are we solving it for homeowners? Ob- this bill doesn’t do that. colossal economic machine which has viously not. We’re solving it for specu- Let me tell you why this becomes ground to a halt, putting its full phys- lators. We’re solving it for foreign in- very significant. I come from Cleve- ical pressure on the people at the great vestors because what we find out is land, Ohio, a city which has been at the margins of our society and people in that, as Brad Sherman has pointed out, epicenter of the subprime mortgage the middle as well? Millions of home- hundreds of billions of dollars in this crisis. But as we know, with the owners are looking to us. And yet we bailout will be used to buy toxic assets subprime mortgage crisis comes an en- come up with a bailout that doesn’t currently held by foreign investors. tire range of bankruptcies, but also offer the homeowners anything. Over How did we get to this situation? other properties start to get pulled 300 pages of tax cuts and tax breaks under in terms of their value. that have absolutely nothing to do Under this bill the administration There is a neighborhood in my dis- with the housing crisis at the center of can buy any asset from any financial trict called Forest City Park, Mr. this financial storm. institution for any price. For those of Speaker. It is an area that I’m quite fa- My colleague Mr. POE earlier in the you who are thinking this is going to miliar with because my political ca- day outlined some of the tax breaks: bail out U.S. businesses, think again. reer, which goes back 41 years, has had tax breaks for litigants in the Exxon We can have banks from all over the a lot to do with Forest City Park. It’s Valdez incident, wooden arrows used by world scouring, scouring their financial a community where they had a very school children, tax breaks and ear- ledgers, looking at their worst debts, long-lasting civic association that marks for auto racing tracks, wool re- and then they’re going to send them came together in support of each other search, the Virgin Islands and rum. over to the United States, and then the keeping up their community and in Now, maybe we could argue that some taxpayers of the United States are property. People met to improve play- of those breaks in and of themselves going to pay for them. grounds, to improve streets, to improve ought to be considered. But why would This bill should have had a provision parks and properties. And people came they be in a bailout bill? The Senate saying that the Treasury can only buy together in a kind of sense of joy that expects us to consider and pass a bill assets proven to come from an Amer- people in communities have when they we have already defeated merely be- ican investor. That way it’s about share a common goal and a common in- cause they have added millions of dol- America. This bill should have some- terest. And Forest City Park was one lars of tax breaks that will strain the thing about taking care of America of those neighborhoods, like many Federal budget even more. first.

VerDate Aug 31 2005 03:23 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.080 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10688 CONGRESSIONAL RECORD — HOUSE October 2, 2008 b 1930 The whole basis of the market, as all single-payer, not-for-profit health care We are not even taking care of Amer- of us know, has to do with risk. You in- system, Medicare for All, I understand ica’s investors first. We are not even vest; it is a risk. There’s nothing guar- that millions of Americans want health taking care of America’s speculators anteed. And so we are telling people care that is accessible and affordable. first. We are not taking care of Amer- who are in the market, particularly Medicare for All will help businesses, ica’s homeowners first. This is about those who are in the market for bil- large and small; will create jobs, as foreign investors. Is our economy so lions of dollars, Go ahead and take a well as save the jobs of thousands of weak that we can’t stand up, solve our risk. Uncle Sam will back you up. Well, people, including those of doctors, problems here at home, or is it that we if we can tell that to the speculators, nurses, and health care workers, who are so heavily leveraged, that foreign why can’t we tell that to America’s are currently leaving medicine because markets have such control over us, homeowners when they are not betting. it is run by insurance companies. that they can force this Congress to If someone goes to Las Vegas and One dollar out of every $3 of the $2.4 pass a bill to help bail them out? bets the ranch, and loses the ranch, the trillion spent annually in America for Foreclosures are devastating our casino didn’t give them a new ranch. health care goes to the insurance com- communities. People are losing their Speculators bet the ranch. And we are panies. If we take that money, $800 bil- jobs. The price of necessities is sky- going to help restore their position lion in unproductive, wasteful spend- rocketing. This legislation, just like with this legislation. ing, and put it directly into care, we the one that we defeated a few days We are told there’s a crisis in liquid- will have enough money to cover ev- ago, will do nothing to solve the prob- ity. We have been told by Bill Isaac, eryone. We are already paying for lems plaguing American families or the former head of the Federal Deposit Medicare for all, but not receiving it. help them to get out from under the Insurance Corporation, that it’s not This is the way you get an economy oppressive debt that they have been the liquidity problem that is said to going. This is the way you move money forced to take on. exist. That in fact banks don’t want to in the economy. Not only help people We have demanded language in the loan to each other because of this psy- restore their homes, but also help peo- legislation that would empower the chology that is going on in the market- ple get the health care that they need. Treasury to compel mortgage servicers place. They are afraid that other banks Another way that you start to move to rework the terms of mortgage loans are going to go down. This is the money in the economy is through a so homeowners could avoid foreclosure. United States of America. We should prescription benefit for seniors. H.R. Owning a home is at the center of the have the power to deal with this. 6800 is the MEDS Act, which provides a American Dream. The American Dream Ireland. Ireland. Ireland, the historic fully paid prescription drug benefit is threatened here. The American home of my mother’s side of the fam- under Medicare for all seniors. I wrote Dream is under attack. The American ily. Ireland figured out that they put this bill to help alleviate the economic Dream needs to be protected. The the full faith and credit of Ireland be- pressure that comes from the high cost American Dream needs to be restored. hind the bank deposits, and they sta- of prescription drugs. The American Dream needs to get bilized their economy. No one is losing We can pay for it by letting the gov- some life in it from this House of Rep- any money. ernment negotiate drug prices with the resentatives. Yet, the American Dream We need innovative approaches here. pharmaceutical companies the same is going to have to wait another day. We don’t have them. What we have is a way that they do with the Veterans’ We are told that if this passes, the reward for speculation. The free-mar- Administration. We can also do it—pay market may go up. The market went ket economy, that whole idea is being for it with reimportation. up 485 points a day after we defeated it. shredded with this hand of the govern- The third thing we can do that can But we are told that if this passes, the ment moving in. help the American economy is to stop market may go up. Now, people will say, Well, what is the oil companies from price gouging. I Let me tell you what is not going to your plan? My plan is this. Number was one of the first ones to step up and go up. The hopes of America’s home- one. That we must have legislation challenge the corrupt price gouging owners. Because nothing is done for that has an approach of dealing with and market speculation of the oil com- them in this bill. So who’s going to tell the problem at its base. Helping the panies by proposing a windfall profits the widow whose husband may have millions of homeowners. You help the tax on oil and natural gas companies, worked a lifetime to assure them a many and the few will benefit. You with revenues put into tax credits for piece of property, which got into trou- help the few and the many will not the purchase of fuel-efficient Amer- ble because maybe she did a reverse benefit. We all know this. Trickle ican-made cars. mortgage, who’s going to tell her that never gets down. However, it may be that nationaliza- there’s nothing in this bill for her? We also know this. If we can intro- tion is the only way to put an end to Who’s going to tell the laborer, who duce a bill that can say that we can the oil companies’ sharp practices. I has worked day in and day out, work- give Treasury or the FHA the ability mean, after all, we are nationalizing ing himself and his fingers to the bone, to buy a controlling interest in these one of the largest insurance companies, and where he is behind in his mortgage mortgage-backed securities, and work with AIG. We are helping to nation- payments, and the bank is telling him, out something for the homeowners, we alize the stock market and a lot of No, you can’t give me $500. I want the can have a whole new condition where banks. Why don’t we go for the gold, whole $1,200 or we are going to go into the government goes to work for the where the big money is, and nation- foreclosure. Who’s going to tell them homeowners of America. alize the oil companies and then take that there’s nothing for him in this Franklin Roosevelt understood the the profits and give it back to the peo- bill? importance of coming forward with the ple so we can take a whole new direc- This is a sad day in our Republic New Deal plan that helped resurrect tion in energy and not be strapped any when we see the most pressing needs of this country’s economy. We can solve more by these oil companies. the American people sacrificed to the this problem of the homeowners. It The fourth policy that I believe will speculators on Wall Street. And, of could be that we create a new Home- help with the Main Street recovery course, there is another dimension to ownership Loan Corporation. But plan deals with protecting the Amer- this debate, and that other dimension whatever it is, we have the ability to ican homestead. As chairman of the deals with the free-market economy. do it. Domestic Policy Oversight Sub- What in the world are we doing here, I am here to offer what I call a recov- committee, I am working to protect where we are basically interfering in ery plan for Main Street. And here’s people’s basic right to have a roof over the market with a $700 billion invest- how we can prime the pump of this their head, whether as an owner or ment, and suddenly we are telling all economy. We can prime the pump of renter. It was my subcommittee which these speculators, Don’t worry about the economy, number one, with health investigated and exposed the manipula- it. The government is going to use the care for all. Insurance companies make tion of mortgage markets. I am work- American tax dollars to ensure your money not providing health care. As ing to craft a new Federal policy so risk. the coauthor of H.R. 676, a universal, that neighborhoods with the highest

VerDate Aug 31 2005 03:23 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.082 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10689 number of foreclosures can get the economy. I just named 10 different up with courage. Where people are most help. points, and I am going to name an 11th. being told that there is no other path, The fifth thing we can do to restore We have to protect Social Security. let us provide alternatives. And let us our economy is to have a program of From my first moments in Congress reclaim the Nation that we love. Jobs for All. We know what Franklin when I exposed Wall Street’s efforts to Standing above us, rising above us is Roosevelt did, the old New Deal eco- privatize Social Security and attacked an American eagle, a beautiful Amer- nomics, jobs for all, a new WPA pro- it in our own Democratic Caucus when ican eagle at the canopy of this House. gram. That Jobs for All program, with privatization was being proposed, I This eagle, which spreads itself over the cosponsorship of Congressman have watched this effort at times to the fullness of this Congress, has a left LATOURETTE is a bipartisan New Deal- privatize Social Security. wing and a right wing. That American type jobs program that rebuilds Amer- Imagine if we had privatized Social eagle needs two wings to fly. That ica’s infrastructure. It would create Security. Imagine what happens when American eagle was able to soar a few millions of good-paying new jobs, re- the market goes down and people begin days ago, and hopefully it will soar building our roads, bridges, water sys- to lose the only guarantee in some again tomorrow. tems, and sewer systems. cases anyone has. We have to protect The motto under that eagle, E. The sixth thing in a plan to restore Social Security. It is rock solid Pluribus Unum, out of many we are the American economy—there’s an al- through the year 2032 without any one. Let us be one for the mass of ternative to this bailout—is to have an changes whatsoever. Protecting Social Americans. Let us be one for the home- American manufacturing policy. I am Security must be part of a plan to keep owners. Let us be one for those who drafting legislation calling for an Main Street solid. want jobs. Let us be one for those who American Manufacturing Policy Act We have to protect bank deposits. It want health care. Let us be one for that, for the first time, will state that is a positive development that now peo- those who want a country they can call the maintenance of steel, automotive, ple are talking about insuring a quar- their own, the people of the United and aerospace, is vital to our national ter of a million dollars of bank deposits economic security, and must be main- States of America. through the FDIC. But the fact of the 1. Health Care for All: Insurance companies tained through an integrated public- matter is, you can do that without private rebuilding of our roads, bridges, make money not providing health care. As the being in a bailout bill. co-author of H.R. 676, a universal, single- and water systems. Protecting investors. We need to payer, not-for-profit health care system, Medi- I am calling for a new plan for Main bring back strong regulation to Wall care for All, I understand millions of Americans Street under a Works Green Adminis- Street. As chairman of domestic pol- want health care that is accessible and afford- tration. It’s the WGA turned into an icy, I challenge the Wall Street hedge able. environmental program where we focus fund speculators who have been a Medicare for All will help businesses large on restoring the planet. This is one in threat to all investors, and I intend to and small, create jobs as well as save the which the government creates millions keep active watch on the machinations jobs of thousands of people including those of of jobs by incentivizing the design, the of Wall Street. engineering, manufacturing, distribu- We need a new national security pol- doctors, nurses and other healthcare workers tion, and maintenance of millions of icy called ‘‘Strength Through Peace.’’ I who are currently leaving medicine because it wind and solar microtechnologies for helped lead the effort against the Iraq is run by the insurance companies. $1 in millions of homes and businesses, dra- war. We forget about the Iraq war in every 3 dollars of the $2.4 trillion spent annu- matically lowering energy cost and re- this debate often, but the truth of the ally in America for health care goes to the in- ducing our dependence on oil. matter is that war is going to cost the surance companies. If we take that money We need a new trade policy, and that American people anywhere between $3 ($800 billion in unproductive wasteful spend- is the eighth plank in a plan that re- trillion and $5 trillion and as many ing) and put it directly into care, we will have stores Main Street. And that is what lives as have been lost by our soldiers enough money to cover everyone. We are al- we should be talking about here. But and as many lives as have been lost by ready paying for Medicare for all, but not re- that is not what the bailout does. A innocent Iraqis. ceiving it. H.R. 676 changes that. plan that restores Main Street says we We need a new direction in America. 2. Prescription Drug Benefit for Seniors: have to have fair trade. It must mean We have to end the war and bring our H.R. 6800 is the MEDS Act, which provides a the end of NAFTA. This country has troops home. We must engage in diplo- fully paid prescription drug benefit, under lost millions of good-paying jobs, and macy. We have to reduce the military Medicare, for all seniors. I wrote this bill to more jobs have been outsourced. budget and stop these outrageous cost help alleviate the economic pressure that We must have education for all. That overruns by firms like Halliburton. comes from the high cost of prescription is the ninth plank. That is why I intro- We have to work so there is safety in drugs. We can pay for it by letting the govern- duced H.R. 4060, a universal prekinder- America, safe neighborhoods, safe ment negotiate drug prices with the pharma- garten program to ensure that all chil- homes. I introduced a bill, H.R. 808, ceutical companies as well as by permitting dren ages 3 to 5 have access to full which creates a comprehensive plan to re-importation. quality day care. deal with the issues of violence in 3. Stop the Oil Companies’ Price Gouging: We have to protect pensions. I am American society; domestic violence, As you know, I was the first one to step up to working to change bankruptcy laws so spousal abuse, child abuse, violence in challenge of the corrupt price gouging and pensioners’ claims will be first ahead of the school, racial violence, gang vio- market speculation of the oil companies by the banks, and that corporate execu- lence, gun violence, that exact a social proposing a windfall profits tax, on oil and nat- tives who misuse pension workers’ and economic toll on America. ural gas companies. with revenues put into tax funds are subject to criminal penalties. We can work our way through these credits for the purchase of fuel-efficient Amer- We have to strengthen the Pension dilemmas. This is America. We have ican-made cars, However, it may be that na- Benefit Guarantee Board. unlimited ability to solve our problems tionalization is the only way to put an end to Before I give the final six points in and to meet challenges. But we have to the oil companies’ sharp practices. this, Mr. Speaker, and yield to my realize that what we have here is not 4. Protecting the American Homestead: As friend, Mr. SHERMAN, I’d like to ask the simply an economic challenge, it is a Chairman of the Domestic Policy Oversight Speaker how much time is left. Subcommittee, I am working to protect your The SPEAKER pro tempore. The gen- spiritual challenge. basic right to have a roof over your head, tleman from Ohio has 35 minutes. Today we are being challenged by Mr. KUCINICH. I am going to yield 5 greed. Greed will bring down our Na- whether as an owner or renter. I have Inves- more minutes to myself, and then go to tion if we don’t stand up for those tigated and helped to expose the manipulation of mortgage markets, and I am crafting a new my good friend, Mr. SHERMAN, for as whose prime values have been fairness, much time as he may consume. frugality and faithfulness. federal policy so that neighborhoods with the We must remember who we are as highest number of foreclosures get the most b 1945 Americans. We can begin to strengthen help. Let it be said that there are other op- ourselves by defeating this bill. Where 5. Jobs for All: Congressman LATOURETTE tions here to stimulating the American people are being threatened, let us rise and I have co-authored the bi-partisan New

VerDate Aug 31 2005 04:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 9920 E:\CR\FM\K02OC7.083 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10690 CONGRESSIONAL RECORD — HOUSE October 2, 2008 Deal-type jobs program, H.R. 3400, ‘‘Rebuild- bill, which today is H.R. 808, that for the first Bill Isaac. Mr. Isaac was Chair of the ing America’s Infrastructure.’’ It will create mil- time creates a comprehensive plan to deal FDIC, having first been appointed to lions of good-paying new jobs rebuilding our with the issues of violence in American soci- that board by President Carter and roads, bridges, water systems and sewer sys- ety, particularly domestic violence, spousal then appointed by Reagan. You don’t tems. abuse, child abuse, gang violence, gun vio- find very many people who have sup- 6. American Manufacturing Policy: I am lence, racial violence, and violence against port on both sides of the aisle like drafting the American Manufacturing Policy gays by establishing a Cabinet-level Depart- that. Act, which for the first time, will state that the ment of Peace and Restorative Justice. This Bill Isaac led the FDIC in solving the maintenance of U.S. steel, automotive, and proposal has sparked a national movement 1981 crisis, which was probably worse aerospace industries are vital to our national and when implemented will save taxpayers than the crisis that we have now. He economic security and must be maintained millions of dollars. used the emergency powers of the through integrated public-private cooperation, 16. Monetary Policy: It is long past the time FDIC. He was able to solve that credit new trade policies, and investment. that we looked at the implications of our debt crisis without significant cost to the 7. Works Green Administration: I am also based monetary system, the privatization of taxpayer. drafting plans for a green New Deal jobs pro- money created by the 1913 Federal Reserve We ought to hear from Bill Isaac. gram, in which the govemment creates mil- Act. the banks fractional reserve system and And I look forward to us defeating this lions of jobs by incentivizing the design, engi- our debt-based economic system. Unless we bill tomorrow so we can have hearings neering, manufacturing, distribution and main- have dramatic reform of monetary policy, the and all my colleagues, not just those tenance of millions of wind and solar micro- entire economic system will continue to accel- who came to the Skeptics Caucus, can technologies for millions of homes and busi- erate wealth upwards. I am currently working hear from Mr. Isaac and so many oth- nesses, dramatically lowering energy costs on drafting legislation for an ‘American Mone- ers, because the starting point is this and reducing our dependence on oil. tary Act’ to address these and other issues in testimony that we didn’t hear before 8. Fair Trade: The U.S. has lost millions of order to protect the economic well-being of any hearing, because there have been good-paying jobs, and more jobs have been America. no hearings on this bill, but rather a out-sourced. As you know, I have helped to I yield to my friend from California, letter sent to Members of Congress by lead the way in opposition to trade giveaways. who has done such a wonderful job in hundreds of eminent economists, in- I strongly urge repeal of NAFTA. We must in- organizing what is called the Skeptics cluding three Nobel Laureates. And clude workers’ rights, human rights and envi- Caucus, at a time where skepticism is they said, we ask Congress not to rush, ronmental quality principles in all trade pacts. called for. Through enlightened articu- to hold appropriate hearings, and to We must also protect the Great Lakes’ water lation of facts, he has come forward, as carefully consider the right course of resources from the reach of multi-national cor- has my good friend and colleague from action. porations. So, Nobel Laureates, economists emi- Ohio, Representative MARCY KAPTUR, 9. Education for All: I know families need nent in their field, say the sky will not who has courageously stood here day in help with the rising cost of day care. That is fall if we take some time. The only way and day out challenging this corrupt why I introduced H.R. 4060. a universal pre- to pass this bill is to keep up the panic. bailout. kindergarten program to ensure that all chil- The panic has to be calmed down. We I yield to my friends, and I thank you dren ages 3–5 have access to full-day, quality have got a few days. We have got a for your service to America and for day care. week. We have got 10 days, and that is your service to your communities. 10. Protecting Pensions: I am working to more than enough time to write a change bankruptcy laws so pensioners’ claims f much better bill. will be first, ahead of banks, and that cor- A SKEPTICAL VIEW OF THE WALL But let me summarize some of the porate executives who misuse workers’ pen- STREET BAILOUT other things that Bill Isaac told our sion funds are subject to criminal penalties. I Skeptics Caucus. A vote ‘‘no’’ on to- The SPEAKER pro tempore. Under want to fully fund the Pension Benefit Guar- morrow’s bill is not a vote to do noth- the Speaker’s announced policy of Jan- antee Board. ing. It is a vote to defeat that bill and uary 18, 2007, the gentleman from Cali- 11. Social Security: From my first moments to start writing a much better bill. in Congress, I have exposed Wall Street’s ef- fornia (Mr. SHERMAN) is recognized for Under the bill that comes before us forts to privatize Social Security and attacked the remainder of the time. tomorrow, in Mr. Isaac’s belief, half of it in the Democratic Caucus when it was being Mr. SHERMAN. I thank the Chair. I all the money is going to be used to proposed. Can you imagine where seniors have got 30 minutes, and I will share bail out foreign investors who made would be today if Social Security had been some with the gentlewoman from Ohio dumb business decisions. Now, I am not turned over to the stock market? Social Secu- in just a second to describe the flaws real sure that I want to use taxpayers’ rity is solid through 2032 without any changes. with this bill. Believe it or not, 30 min- money to bail out American investors 12. Protect Bank Deposits: I will work to utes is not long enough. But first I who made bad business decisions. But make sure the Federal Deposit Insurance Cor- want to mention about the calls that why are we bailing out the Bank of poration, FDIC, has sufficient funds to provide are coming into our office. China? Why are we bailing out the for insurance of deposits up to $200,000 at all The calls used to be from people Saudi royal family? We are doing so be- banks and savings and loans. This is an ur- around the country. Now Wall Street cause they demand it. They commu- gent matter since so many banks are said to firms have their employees unplugging nicate those demands at the highest be vulnerable. those headsets to call investors and in- level to our administration. 13. Protect Investors: Bring back strong reg- stead calling Members of Congress. So After I yield to the gentlewoman ulation to Wall Street. As Chairman of the Do- now the calls coming in to at least my from Ohio, I will describe how the bill mestic Policy Subcommittee, I challenged the office have shifted from 20–1 against clearly provides that we can send as Wall Street hedge fund speculators as a threat this bailout package for Wall Street, much money as Treasury wants not to to small Investors. I intend to keep active down to about 3–1 or 4–1 against this bail out American investors, but to watch over the machinations on Wall Street. bailout. bail out foreign investors. And when I 14. Strength through Peace: You’ll remem- I ask my colleagues not to be con- say foreign investors, I don’t just mean ber when I led the effort against the ill-con- fused. Edit out some of those calls that companies here in the United States ceived Iraq war, which has now cost more are coming to you from folks who are that happen to have foreign owners. than 4.100 U.S. soldiers’ lives, cost U.S. tax- being paid to make the call, and you I have sought at the Rules Com- payers between $3 trillion and $5 trillion, and will realize the country remains abso- mittee to simply put an amendment in resulted in the deaths of more than a million lutely overwhelmingly opposed to this this bill to say that we are not going to Iraqis. We must bring our troops home and Wall Street bailout bill. buy any toxic asset that wasn’t demon- end the war. We must engage in diplomacy. I thank again the gentleman from strably owned by an American on Sep- We must reduce the military budget, and we Ohio, and I will make a few more tember 20. That amendment will not be must stop outrageous cost overruns by the points. allowed. It was not allowed last time; likes of Halliburton. We had a meeting of the Skeptics it won’t be allowed this time. 16. Safety in America: I am proud of my Caucus, which is now a bipartisan Why? Because they think they can work for peace. In July 2001, I introduced a Skeptics Caucus, where we heard from hide from this Congress and from the

VerDate Aug 31 2005 03:23 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.037 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10691 American people the fact that hun- from a helicopter onto Wall Street, be- that doesn’t raise our deficit by any dreds of billions of dollars are going to cause somehow that was going to take more. overseas investors. And there are a terrible economy and turn it into a By declaring that emergency at the transparency provisions in the bill on a great economy. FDIC, it gives the FDIC and its bank lot of things, but the one thing that Such an action will indeed, will in- examiners enormous powers to go will never be revealed, when Goldman deed, make things better for a few Wall around and to try to make the loans Sachs sells a bond on December 1 to Street executives, and they are very that are necessary, to work out real es- Treasury, what will not be revealed is determined, and their employees on tate loans where those need to be whether Goldman Sachs bought it from company time are calling our office. worked out. They can even get into ex- the Bank of China two or three days With that, I yield to the gentle- ecutive compensation, and they can earlier with intention to sell to Treas- woman from Ohio. look for fraudulent accounting ury. We are going to be buying bonds Ms. KAPTUR. I thank the gentleman, throughout the country. That’s what that are currently in vaults in Beijing the chairman of a subcommittee on bank examiners do, and they’re really and London. International Relations, who has just good at it. Ask any banker. We need to What Mr. Isaac also pointed out is dedicated himself, his great intel- enliven that system and make it func- that this bill is not going to solve the ligence and great fervor, to helping to tion. problem. People think that if you act explain to the American people and our Then we need to ask the Securities in a panic and you throw $700 billion at colleagues what is really at stake, and and Exchange Commission, which has something, you are going to solve it. to try to move this institution, the moved along this week and has been Hardly. In his estimation, the credit House of Representatives, the closest doing better than it has in the past, to markets will not be appreciably work- body left at the Federal level to the help these banks within their account- ing any better than they are today. American people, to move us to the ing systems give a true value to the They may loosen things up for a week right decision tomorrow. real estate assets on their books and or two, but you are looking at a De- Tonight, so many of us, we are pray- not to some artificial index that bears cember that is no better than it would ing for our American republic, and we no relation to reality, to what has hap- be if we did not pass this bill. ask the American people to pray with pened in Cleveland or in Toledo or any- The FDIC could solve this problem us and to pray for this House, and to where else, and to use the private sec- under their existing powers. If they are pray without fear. Franklin Roosevelt tor as we did back in the 1980s—to heal a little shy to use those powers to the said, ‘‘All we have to fear is fear the system and to use its power and to hilt, we can and should pass a bill that itself.’’ We need to make wise deci- do it with discipline and rigor, not to outlines that, yes, indeed, we do want sions; not decisions made in haste or in take $870 billion and reward those who them to use their powers. What should panic. have had very bad behavior on Wall they do? They should provide for a If we vote ‘‘no’’ tomorrow, that is not Street. temporary time a total guarantee on a vote for no action. A ‘‘no’’ vote to- I’m sure my dear colleague from all of the general credit debt of banks, morrow will signal we want a better California and Congressman KUCINICH so the regulated commercial banks answer, and we will work here until we from Ohio, who has been such a stal- would be places where people know get it. wart in fighting for the people of Cleve- their money is safe. The other night the Senate voted to land and of our country, would agree They are subject to regulation, and pass their version of a bill, and the that the bill they’re sending over from the main part of this crisis is that the stock market went down. Explain that the Senate has had no hearings in this banks are unwilling to lend to each to me. They passed the bill. It goes House. When we sent our bill over other as they traditionally do because down. there, it was about that thick. The bill no one bank is sure that the other bank that came back to us today is about b 2000 is safe. We have got to say the commer- that thick. It was so heavy I couldn’t cial banks of America are safe and tell I don’t think there is any relation- even carry it over here to the floor. We investors around the world that is ship between day-to-day trades, what is have had not hearing one on that bill where they can put their money with happening in the markets and what is here in this Chamber. We are not fol- total safety. happening here. We know that there is lowing regular order, and that is not in Now, this leaves out some Wall a serious issue in our financial system the interest of the American people. At Street entities that are desperate for because credit markets are seized up. a minimum, there ought to be regular that $700 billion. They can just taste it. As others have said, what we can do order with the committees of jurisdic- But it allows us to solve this problem there is to ask the FDIC to employ its tion. without appreciable cost to U.S. tax- emergency powers, which are already They’ve stuffed tax issues in that bill payers. And the FDIC collects an insur- law, and agree to cover all creditors, over on the Senate side. I understand ance premium from the banks so it bondholders and depositors in those in- there are Exxon Valdez provisions. would be the financial system, not the stitutions and that that will take the There is even something for wooden ar- American taxpayer, paying the cost of fear out of that system because they’re rows for children. There are trade pro- taking care of this risk. scared, too, because they don’t know, if visions in there, and there is even Now, I would hope that every Mem- they borrow from bank X in another Puerto Rican rum. How about that ber of Congress has received my blue city, whether that bank will be around one? They’ve put the Alternative Min- paper. I have sent it out today via e- the next day. Those banks are liquid. imum Tax in there, which sounds great mail, I have handed it out on the floor, In other words, they have money to except they didn’t have any offsets, so but I know there are a few that haven’t lend, but they’re afraid, too. So we’ve it increases the deficit even more. received it. Please contact my office got to get the fear out of the system. We haven’t had hearings, so we’ll and read these seven pages. Learn how Let us pray to not have fear. have to do a better job of due diligence this bill will send half the money to If we pass the bill the administration here. Really, our leadership should foreign investors. Learn how this bill has sent us, one of the things that’s allow us to do that. One day or two bails out firms that will continue to going to happen, plus what they did days or five days isn’t going to make pay $1 million a month salaries, and over in the Senate, is that we’re going that much difference in what is hap- could raise those executives to $1.5 mil- to add 870 more billion dollars to our pening in the markets. lion a month, should they choose to do debt. We can’t afford to do that right Let me give a point of view here as to so. now. That is a very bad decision be- one of the things that, I think, is hap- Please, read the paper. Read about cause we are in debt. We will be over pening in all of this. Why is the Treas- the key provisions of the bill. Then you $12 trillion in debt. The value of our ury moving this in this way so fast will be armed with the information dollar is already going down. This will now? necessary to deal with the fearmongers push it down more, and our deficit is I think it has to do with the fact that that tell you, well, you had to pass going up, which is not such a good posi- so much of our debt has been financed that bill. You had to dump $700 billion tion to be in. So we need a solution by foreigners and by foreign banks that

VerDate Aug 31 2005 03:23 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.085 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10692 CONGRESSIONAL RECORD — HOUSE October 2, 2008 the Treasury is a little bit worried I want to thank my dear colleague Furthermore, it would be absolutely about that as we begin a new fiscal from California, BRAD SHERMAN, who impossible and contrary to the intent year and that rather than presenting a has been a true, true leader in this ef- of the bill, contrary to the logic of the balanced budget or a budget that fort to try to do this the right way, not bill and contrary to the statutory pro- moves us to a balance over the next the fast way. I thank the gentleman. visions of the bill to construct a tax few years that they’re giving us more Mr. SHERMAN. Thank you. I thank that hit only those companies that got debt on top of old debt, which is a the gentlelady from Ohio. bailed out. Instead, the tax is going to backwards way to help this economy. The only way they can pass this bill hit the entire financial services indus- This past week, it was announced in is by creating and by sustaining a try, and a proposal like that is highly Reuters news service that seven banks panic atmosphere. That atmosphere is unlikely to pass the House. If it passed in China had lost over $700 million be- not justified. Many of us were told in the House and if it got over to the Sen- cause of what happened at Lehman private conversations, if we voted ate, 41 Senators could block it, and Brothers with its implosion and that against this bill, that, on Monday, the Wall Street could have enough money the National Bank of China was paying sky would fall and that the market to hire 4,100 lobbyists. attention to that and that the debt would drop 2,000 or 3,000 points the first Now, why is it that we can’t tax the dealings that they were having with day and another 2,000 the second day. A individual companies that are bailed the United States, particularly at the few Members were even told that there out on some sort of proportional basis? beginning of the new fiscal year, which would be martial law in America if we Well, first, many of those firms is October 1, had created a bit of ten- voted ‘‘no.’’ That’s what I call fear aren’t going to exist in 2013. Second, sion in that system and that it is actu- mongering—unjustified, proven wrong. we’re not even keeping track of how ally our deficit and our difficulty in fi- We’ve got a week; we’ve got 2 weeks much money we lost on the assets nancing that—because we have a Presi- to write a good bill. The only way to we’re buying from Goldman Sachs dent who conducted two wars without pass a bad bill: Keep the panic pressure versus how much money we’re losing paying for them—that our credit situa- on. on the assets we’re buying from tion is not as good as it should be. Now, what has the Senate done to Citibank. We’ll know how much we There are instruments, we’ve been this bill? First, they’ve added pork to bought from each of them, but we told, such as credit default swaps and it in the hope that that would buy off might buy really toxic assets from one collateralized debt obligations that some votes. Second, they’ve created a and only mildly troublesome assets have to be covered. Well, let’s be hon- double hostage situation. Now, we al- from the other. We’ll mix them to- est with one another. If that’s what ready know that the first bill was a gether. Then we’ll sell them off and we’re going to be doing, then let’s tell hostage situation. When Paulson an- we’ll suffer a loss, and we won’t know the American people, and let’s get it nounced this crisis, he basically sent a how to attribute that loss. How much done the right way. We understand, in ransom note, and that ransom note are we going to tax Goldman Sachs? this $870 billion that they want to take read, ‘‘We’ve got your 401(k), and you’ll How much are we going to tax from the taxpayers, that over half of never see it alive again unless you send Citibank? We’ll never know how to tax that money will go to foreign creditors. us $700 billion in unmarked bills.’’ So those we’ll have bailed out. Doesn’t this Congress and don’t the we had one hostage situation. Some of these companies we’re bail- American people have a right to know There’s the AMT patch, a necessary ing out are just going to be shell com- to whom and how much and what this tax provision that Congress passes panies, so you know they’re going to all means and how we got into this sit- every year. Without this patch, the disappear before 2013, and you know uation? Because, if we really don’t un- AMT tax, which is designed to fall only that a tax bill is going to hit similarly derstand what we’re getting into, we on the wealthy, will hit another 20 mil- sized banks with the same rate of tax: can’t get out of it. If only a few people lion American households. Everyone the banks that got a big bailout, the know—and this is an inside trade, in- knows we have to pass this. We sent it banks that got a small bailout, the side of Washington—and the American to the Senate for them to pass. Instead banks that didn’t get a bailout, the people don’t understand it and we don’t of passing it, they created a hostage banks that sold us kind of bad assets, do this together as a people, then how situation. They refused to pass it. They the banks that sold us assets that are we really going to make it better put it on this bill. So now we’re being turned out to be worthless. unless we all walk together and get told, if you don’t send $700 billion to Such a controversial tax bill sub- through this together? Wall Street, we’re going to tax 20 mil- mitted under duress by a President is I have a great deal of confidence in lion American families in a way no one not going to pass this House, let alone our banking system, and I would en- in Congress wants to do. That’s totally pass the Senate, which can stop it with courage and would hope that Secretary phony. If we vote down this bill, the 41 votes. Wall Street gets their money Paulson and the chairman of the Fed- Senate will pass the AMT patch bill now, and we get it back: never. eral Reserve, Chairman Bernanke, and that we sent them just like they do Now, as I said, hundreds of billions of the head of the Federal Deposit Insur- every year. dollars are going to be used to bail out ance Corporation, Chairman Bair, and There has been some attempt to tell foreign investors. That is why my the head of the Securities and Ex- the American people that this bill isn’t amendment, which easily fixes that change Commission, Christopher Cox, going to cost anything permanently be- problem, has been rejected, because the eat lunch tomorrow. I hope you figure cause, in 2013, we’re going to get the White House demands that we bail out out how to advise the President of the money back from the financial services these foreign investors. That’s what United States because I really do think industry. Nothing could be further they want to do. That’s what they those emergency powers at the FDIC from the truth. All the bill says is that promised the Saudi royal family. would give great confidence to the sys- the President has to send us a proposal That’s what they promised the Bank of tem. When you do that, you will get an to tax the financial services industry. China. Those promises will be honored inflow of foreign funds into this coun- Now, keep in mind, if the President has with the tax money squeezed out of the try rather than the kind of policy any good ideas in 2013, he’ll send them American people. you’re following now, which is making to us or she’ll send them to us. If the They talk about executive compensa- those credit markets tighter and tight- President is only sending us revenue tion being controlled in this bill. They er and tighter in a banking system ideas because they have to send them do put some controls on some bonuses that is fundamentally sound and liquid. and they don’t want to send that pro- being given to some departing execu- So pay attention to the booking of posal, well then, they’re going to send tives—great—but they allow $1-mil- those assets through the Securities and it with a note, saying, ‘‘I’m required to lion-a-month salaries. If some execu- Exchange Commission. Help our banks give you this proposal, but I think it’s tive says, ‘‘well, you know, you wanted weather this period. Give them some a bad idea.’’ What do you think we’re to pay me a good bonus on top of my confidence, and help us to heal this in going to do with a Presidential pro- $1-million-a-month salary and now the the full sunlight, not in a quick vote posal that is disparaged by the Presi- bonus formula is being changed a little that is rushed through here tomorrow. dent? bit,’’ the company can say, ‘‘You know,

VerDate Aug 31 2005 04:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.087 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10693 you’re right. We wanted to give you done. What is really going to happen? of 1986 to require equity in the provi- more money. We’ll raise your $1-mil- We may write a really good bill in the sion of mental health and substance-re- lion-a-month salary to $2 million a House, something Wall Street really lated disorder benefits under group month.’’ hates. Then it goes over to the Senate health plans, to prohibit discrimina- Now, if that qualifies as limits on the where 41 Senators out of 100 is all it tion on the basis of genetic informa- executive compensation of companies takes to block it. I don’t think they tion with respect to health insurance that need and get a bailout under this will defeat reform legislation in the and employment, and for other pur- bill, please explain to me how that is. Senate. They will delay it and then poses, which was referred to the House Look, Bill Gates is running a great they will dilute it. And by the time it Calendar and ordered to be printed. company. He doesn’t need a bailout. I passes, it will be so diluted, Wall Street f hope he gets paid a whole lot. But if will drink it down with a smile on its your company has been run into the face knowing that no effective reform REPORT ON RESOLUTION PRO- ground, if you need a bailout, if you’re is really being imposed upon them. VIDING FOR CONSIDERATION OF part of the reason for this panic situa- So we are not going to see meaning- MOTIONS TO SUSPEND THE tion, why do you need to pay over $1 ful regulatory reform; although we will RULES AND WAIVING REQUIRE- million a year to any executive? That pass something and Wall Street will MENT OF CLAUSE 6(a) OF RULE ought to be the limit. Frankly, it tell you it is a big deal. We will see XIII WITH RESPECT TO CONSID- strikes me as a generous limit. million-dollar-a-month salaries, or ERATION OF CERTAIN RESOLU- We’re told that there’s going to be one-and-a-half million or $2 million a TIONS oversight under this bill. There is a month salaries paid to the executives Ms. SUTTON, from the Committee on good, Democratic-dominated board of these firms while they are getting a Rules, submitted a privileged report that is created. It is a critique board, bailout with our taxpayer money. (Rept. No. 110–908) on the resolution (H. not a control board. It is a board that We are going to see a very large per- Res. 1526) providing for consideration will issue press releases and reports, centage of this money going to buy se- of motions to suspend the rules and but it will not halt and it will not re- curities, bad paper, and toxic assets waiving a requirement of clause 6(a) of verse and it will not delay any decision currently in safes in Shanghai, Beijing, rule XIII with respect to consideration that will be made by the Secretary of London and Riyadh, Saudi Arabia. of certain resolutions reported from the Treasury, which brings up another We will see all of the power in the the Committee on Rules, which was re- thing: hands of the Bush administration and ferred to the House Calendar and or- Why are we having Paulson run this in the hands of a part-time temporary dered to be printed. thing? I thought he already had a job. administrator, namely the Secretary of f The Secretary of the Treasury ought to the Treasury. OMISSION FROM THE CONGRES- be a full-time job if we’re in a period of Under this bill, if it passes, we don’t SIONAL RECORD OF MONDAY, an unparalleled, sky-is-falling eco- really know what is going to happen to SEPTEMBER 29, 2008, AT PAGE nomic crisis. Furthermore, he is tem- the economy. No one knows. The only H10640 porary. He is leaving Washington in thing that is certain, two things: Wall January. Why doesn’t this bill provide Street executives are going to get huge amounts of money and our children for an administrator selected in a bi- LEAVE OF ABSENCE partisan way and with bipartisan sup- and grandchildren are going to get port who is willing to stick around for stuck with hundreds of billions of dol- By unanimous consent, leave of ab- 2 or 3 years? Because this is a Paulson- lars of additional Federal debt. And we sence was granted to: Bush power grab. Paulson doesn’t want as a country, having just done a bad Mr. CULBERSON (at the request of Mr. somebody else to do it. He wants to be $700 billion program, will not be able to BOEHNER) for today until 8:48 a.m. on up on Wall Street, handing out the do anything to help homeowners be- account of official business. money to the companies he likes and cause we won’t have the money. We f ignoring the phone calls from the firms won’t be able to bail out local govern- CORRECTION TO THE CONGRES- he doesn’t like. ments because we won’t have the SIONAL RECORD OF MONDAY, I want to point out that, if another money. We won’t be able to deal effec- SEPTEMBER 29, 2008, AT PAGE Member comes to the floor in the next tively with the real banking-lending H10618 couple of minutes, he can claim the crisis because we will have shot our en- next hour. Otherwise, for better or for tire wad on a bill that is guaranteed worse, this speech and all of the pon- only to do one thing, and that is to BROADBAND DATA IMPROVEMENT tificating on this floor will be over help the truly wealthy on Wall Street. ACT soon. So I hope Members will come to My time has expired, and I look for- ward to the Speaker giving unanimous Mr. MARKEY. Madam Speaker, I ask the floor. We’ve got a lot to discuss. unanimous consent that the Com- The board is just a critique board. consent to the gentlelady from Ohio controlling the next hour. mittee on Energy and Commerce be Paulson’s power is undiminished, and discharged from further consideration we’re having a part-time, temporary f of the Senate bill (S. 1492) to improve employee run this because that’s what REPORT ON RESOLUTION PRO- the quality of Federal and State data Paulson really wants. Homeowners are VIDING FOR CONSIDERATION OF regarding the availability and quality not going to get any relief under this SENATE AMENDMENTS TO H.R. of broadband services and to promote bill. All $700 billion can easily be spent. 1424, EMERGENCY ECONOMIC the deployment of affordable I see the gentlelady from Ohio (Ms. STABILIZATION ACT OF 2008; EN- broadband services to all parts of the SUTTON), and I hope that she claims the ERGY IMPROVEMENT AND EX- Nation, and ask for its immediate con- next hour of time. I thank her for com- TENSION ACT OF 2008; AND TAX sideration in the House. ing here and for being here so quickly. EXTENDERS AND ALTERNATIVE The Clerk read the title of the Senate I will use the remaining 3 minutes of MINIMUM TAX RELIEF ACT OF bill. my time, and I will look forward to 2008 The SPEAKER pro tempore. Is there being part of her Special Order, right objection to the request of the gen- up until the Vice Presidential debate Ms. SUTTON, from the Committee on tleman from Massachusetts? starts. Rules, submitted a privileged report (Rept. No. 110–907) on the resolution (H. There was no objection. b 2015 Res. 1525) providing for consideration The text of the Senate bill is as fol- We are told in 2009 we are going to of the bill (H.R. 1424) to amend section lows: pass really good legislation to make 712 of the Employee Retirement In- S. 1492 sure that this never happens again— come Security Act of 1974, section 2705 Be it enacted by the Senate and House of Rep- corporate governance reform, regu- of the Public Health Service Act, sec- resentatives of the United States of America in latory reform, we are going to get it tion 9812 of the Internal Revenue Code Congress assembled,

VerDate Aug 31 2005 04:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.088 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10694 CONGRESSIONAL RECORD — HOUSE October 2, 2008 TITLE I—BROADBAND DATA ities and differences in each community, in- of broadband offerings in the United States IMPROVEMENT cluding their market structures, the number with the availability and quality of SEC. 101. SHORT TITLE. of competitors, the number of facilities- broadband offerings in other industrialized This title may be cited as the ‘‘Broadband based providers, the types of technologies de- nations, including countries that are mem- Data Improvement Act’’. ployed by such providers, the applications bers of the Organization for Economic Co- and services those technologies enable, the operation and Development; and SEC. 102 FINDINGS. regulatory model under which broadband (4) to distinguish between complementary The Congress finds the following: service capability is provided, the types of and substitutable broadband offerings in (1) The deployment and adoption of applications and services used, business and evaluating deployment and penetration. broadband technology has resulted in en- residential use of such services, and other (b) REPORT.—Not later than 1 year after hanced economic development and public media available to consumers. the date of enactment of this Act, the Comp- safety for communities across the Nation, (c) CONSUMER SURVEY OF BROADBAND SERV- troller General shall submit a report to the improved health care and educational oppor- ICE CAPABILITY.— Senate Committee on Commerce, Science, tunities, and a better quality of life for all (1) IN GENERAL.—For the purpose of evalu- and Transportation and the House of Rep- Americans. ating, on a statistically significant basis, the resentatives Committee on Energy and Com- (2) Continued progress in the deployment national characteristics of the use of merce on the results of the study, with rec- and adoption of broadband technology is broadband service capability, the Commis- ommendations for how industry and the Fed- vital to ensuring that our Nation remains sion shall conduct and make public periodic eral Communications Commission can use competitive and continues to create business surveys of consumers in urban, suburban, such metrics and comparisons to improve and job growth. and rural areas in the large business, small the quality of broadband data and to better (3) Improving Federal data on the deploy- business, and residential consumer markets evaluate the deployment and penetration of ment and adoption of broadband service will to determine— comparable broadband service at comparable assist in the development of broadband tech- (A) the types of technology used to provide rates across all regions of the Nation. nology across all regions of the Nation. the broadband service capability to which SEC. 105. STUDY ON THE IMPACT OF BROADBAND (4) The Federal Government should also consumers subscribe; SPEED AND PRICE ON SMALL BUSI- recognize and encourage complementary (B) the amounts consumers pay per month NESSES. State efforts to improve the quality and use- for such capability; (a) IN GENERAL.—Subject to appropria- fulness of broadband data and should encour- (C) the actual data transmission speeds of tions, the Small Business Administration Of- age and support the partnership of the public such capability; fice of Advocacy shall conduct a study evalu- and private sectors in the continued growth (D) the types of applications and services ating the impact of broadband speed and of broadband services and information tech- consumers most frequently use in conjunc- price on small businesses. (b) REPORT.—Not later than 2 years after nology for the residents and businesses of tion with such capability; the date of enactment of this Act, the Office the Nation. (E) for consumers who have declined to shall submit a report to the Senate Com- SEC. 103 IMPROVING FEDERAL DATA ON subscribe to broadband service capability, mittee on Commerce, Science, and Transpor- BROADBAND. the reasons given by such consumers for de- tation, the Senate Committee on Small (a) IMPROVING SECTION 706 INQUIRY.—Sec- clining such capability; Business and Entrepreneurship, the House of tion 706 of the Telecommunications Act of (F) other sources of broadband service ca- Representatives Committee on Energy and 1996 (47 U.S.C. 157 note) is amended— pability which consumers regularly use or on Commerce, and the House of Representatives (1) by striking ‘‘regularly’’ in subsection which they rely; and Committee on Small Business on the results (b) and inserting ‘‘annually’’; (G) any other information the Commission of the study, including— (2) by redesignating subsection (c) as sub- deems appropriate for such purpose. (1) a survey of broadband speeds available section (d); and (2) PUBLIC AVAILABILITY.—The Commission to small businesses; (3) by inserting after subsection (b) the fol- shall make publicly available the results of (2) a survey of the cost of broadband speeds lowing: surveys conducted under this subsection at available to small businesses; ‘‘(c) DEMOGRAPHIC INFORMATION FOR least once per year. (3) a survey of the type of broadband tech- UNSERVED AREAS.—As part of the inquiry re- (d) IMPROVING CENSUS DATA ON nology used by small businesses; and BROADBAND.—The Secretary of Commerce, in quired by subsection (b), the Commission (4) any policy recommendations that may consultation with the Federal Communica- shall compile a list of geographical areas improve small businesses access to com- that are not served by any provider of ad- tions Commission, shall expand the Amer- ican Community Survey conducted by the parable broadband services at comparable vanced telecommunications capability (as rates in all regions of the Nation. defined by section 706(c)(1) of the Tele- Bureau of the Census to elicit information SEC. 106. ENCOURAGING STATE INITIATIVES TO communications Act of 1996 (47 U.S.C. 157 for residential households, including those located on native lands, to determine wheth- IMPROVE BROADBAND. note)) and to the extent that data from the (a) PURPOSES.—The purposes of any grant er persons at such households own or use a Census Bureau is available, determine, for under subsection (b) are— each such unserved area— computer at that address, whether persons at that address subscribe to Internet service (1) to ensure that all citizens and busi- ‘‘(1) the population; nesses in a State have access to affordable ‘‘(2) the population density; and and, if so, whether such persons subscribe to dial-up or broadband Internet service at that and reliable broadband service; ‘‘(3) the average per capita income.’’. (2) to achieve improved technology lit- (b) INTERNATIONAL COMPARISON.— address. (e) PROPRIETARY INFORMATION.—Nothing in eracy, increased computer ownership, and (1) IN GENERAL.—As part of the assessment this title shall reduce or remove any obliga- broadband use among such citizens and busi- and report required by section 706 of the tion the Commission has to protect propri- nesses; Telecommunications Act of 1996 (47 U.S.C. etary information, nor shall this title be (3) to establish and empower local grass- 157 note), the Federal Communications Com- construed to compel the Commission to roots technology teams in each State to plan mission shall include information comparing make publicly available any proprietary in- for improved technology use across multiple the extent of broadband service capability formation. community sectors; and (including data transmission speeds and SEC. 104. STUDY ON ADDITIONAL BROADBAND (4) to establish and sustain an environment price for broadband service capability) in a METRICS AND STANDARDS. ripe for broadband services and information total of 75 communities in at least 25 coun- (a) IN GENERAL.—The Comptroller General technology investment. tries abroad for each of the data rate bench- shall conduct a study to consider and evalu- (b) ESTABLISHMENT OF STATE BROADBAND marks for broadband service utilized by the ate additional broadband metrics or stand- DATA AND DEVELOPMENT GRANT PROGRAM.— Commission to reflect different speed tiers. ards that may be used by industry and the (1) IN GENERAL.—The Secretary of Com- (2) CONTENTS.—The Commission shall Federal Government to provide users with merce shall award grants, taking into ac- choose communities for the comparison more accurate information about the cost count the results of the peer review process under this subsection in a manner that will and capability of their broadband connec- under subsection (d), to eligible entities for offer, to the extent possible, communities of tion, and to better compare the deployment the development and implementation of a population size, population density, topog- and penetration of broadband in the United statewide initiatives to identify and track raphy, and demographic profile that are States with other countries. At a minimum, the availability and adoption of broadband comparable to the population size, popu- such study shall consider potential standards services within each State. lation density, topography, and demographic or metrics that may be used— (2) COMPETITIVE BASIS.—Any grant under profile of various communities within the (1) to calculate the average price per mega- subsection (b) shall be awarded on a competi- United States. The Commission shall include bit per second of broadband offerings; tive basis. in the comparison under this subsection— (2) to reflect the average actual speed of (c) ELIGIBILITY.—To be eligible to receive a (A) a geographically diverse selection of broadband offerings compared to advertised grant under subsection (b), an eligible entity countries; and potential speeds and to consider factors af- shall— (B) communities including the capital cit- fecting speed that may be outside the con- (1) submit an application to the Secretary ies of such countries. trol of a broadband provider; of Commerce, at such time, in such manner, (3) SIMILARITIES AND DIFFERENCES.—The (3) to compare, using comparable metrics and containing such information as the Sec- Commission shall identify relevant similar- and standards, the availability and quality retary may require;

VerDate Aug 31 2005 03:23 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.048 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10695 (2) contribute matching non-Federal funds penetration is significantly below the na- (B) is the single eligible entity in the State in an amount equal to not less than 20 per- tional average; that has been designated by the State to re- cent of the total amount of the grant; and (8) to collect and analyze detailed market ceive a grant under this section. (3) agree to comply with confidentiality re- data concerning the use and demand for (j) NO REGULATORY AUTHORITY.—Nothing quirements in subsection (h)(2) of this sec- broadband service and related information in this section shall be construed as giving tion. technology services; any public or private entity established or (d) PEER REVIEW; NONDISCLOSURE.— (9) to facilitate information exchange re- affected by this title any regulatory jurisdic- (1) IN GENERAL.—The Secretary shall by garding the use and demand for broadband tion or oversight authority over providers of regulation require appropriate technical and services between public and private sectors; broadband services or information tech- scientific peer review of applications made and nology. for grants under this section. (10) to create within each State a geo- TITLE II—PROTECTING CHILDREN (2) REVIEW PROCEDURES.—The regulations graphic inventory map of broadband service, SEC. 201. SHORT TITLE; TABLE OF CONTENTS. required under paragraph (1) shall require including the data rate benchmarks for (a) SHORT TITLE.—This title may be cited that any technical and scientific peer review broadband service utilized by the Commis- as the ‘‘Protecting Children in the 21st Cen- group— sion to reflect different speed tiers, which tury Act’’. (A) be provided a written description of the shall— (b) TABLE OF CONTENTS.—The table of con- grant to be reviewed; (A) identify gaps in such service through a tents for this title is as follows: (B) provide the results of any review by method of geographic information system Sec. 201. Short title; table of contents. such group to the Secretary of Commerce; mapping of service availability based on the and SUBTITLE A—PROMOTING A SAFE geographic boundaries of where service is INTERNET FOR CHILDREN (C) certify that such group will enter into available or unavailable among residential voluntary nondisclosure agreements as nec- Sec. 211. Internet safety. or business customers; and Sec. 212. Public awareness campaign. essary to prevent the unauthorized disclo- (B) provide a baseline assessment of state- sure of confidential and proprietary informa- Sec. 213. Annual reports. wide broadband deployment in terms of Sec. 214. Online safety and technology work- tion provided by broadband service providers households with high-speed availability. ing group. in connection with projects funded by any (f) PARTICIPATION LIMIT.—For each State, Sec. 215. Promoting online safety in schools. such grant. an eligible entity may not receive a new Sec. 216. Definitions. (e) USE OF FUNDS.—A grant awarded to an eligible entity under subsection (b) shall be grant under this section to fund the activi- SUBTITLE B—ENHANCING CHILD used— ties described in subsection (d) within such PORNOGRAPHY ENFORCEMENT (1) to provide a baseline assessment of State if such organization obtained prior Sec. 221. Child pornography prevention; for- broadband service deployment in each State; grant awards under this section to fund the feitures related to child pornog- (2) to identify and track— same activities in that State in each of the raphy violations. (A) areas in each State that have low lev- previous 4 consecutive years. SUBTITLE A—PROMOTING A SAFE els of broadband service deployment; (g) REPORTING; BROADBAND INVENTORY INTERNET FOR CHILDREN MAP.—The Secretary of Commerce shall— (B) the rate at which residential and busi- SEC. 211. INTERNET SAFETY. (1) require each recipient of a grant under ness users adopt broadband service and other For the purposes of this title, the issue of related information technology services; and subsection (b) to submit a report on the use Internet safety includes issues regarding the (C) possible suppliers of such services; of the funds provided by the grant; and use of the Internet in a manner that pro- (3) to identify barriers to the adoption by (2) create a web page on the Department of motes safe online activity for children, pro- individuals and businesses of broadband serv- Commerce website that aggregates relevant tects children from cybercrimes, including ice and related information technology serv- information made available to the public by crimes by online predators, and helps par- ices, including whether or not— grant recipients, including, where appro- ents shield their children from material that (A) the demand for such services is absent; priate, hypertext links to any geographic in- is inappropriate for minors. ventory maps created by grant recipients and SEC. 212. PUBLIC AWARENESS CAMPAIGN. (B) the supply for such services is capable under subsection (e)(10). The Federal Trade Commission shall carry of meeting the demand for such services; (h) ACCESS TO AGGREGATE DATA.— out a nationwide program to increase public (4) to identify the speeds of broadband con- (1) IN GENERAL.—Subject to paragraph (2), awareness and provide education regarding nections made available to individuals and the Commission shall provide eligible enti- strategies to promote the safe use of the businesses within the State, and, at a min- ties access, in electronic form, to aggregate Internet by children. The program shall uti- imum, to rely on the data rate benchmarks data collected by the Commission based on lize existing resources and efforts of the Fed- for broadband service utilized by the Com- the Form 477 submissions of broadband serv- eral Government, State and local govern- mission to reflect different speed tiers, to ice providers. ments, nonprofit organizations, private tech- promote greater consistency of data among (2) LIMITATION.—Notwithstanding any pro- nology and financial companies, Internet the States; vision of Federal or State law to the con- service providers, World Wide Web-based re- (5) to create and facilitate in each county trary, an eligible entity shall treat any mat- sources, and other appropriate entities, that or designated region in a State a local tech- ter that is a trade secret, commercial or fi- includes— nology planning team— nancial information, or privileged or con- (1) identifying, promoting, and encour- (A) with members representing a cross sec- fidential, as a record not subject to public aging best practices for Internet safety; tion of the community, including representa- disclosure except as otherwise mutually (2) establishing and carrying out a national tives of business, telecommunications labor agreed to by the broadband service provider outreach and education campaign regarding organizations, K–12 education, health care, and the eligible entity. This paragraph ap- Internet safety utilizing various media and libraries, higher education, community- plies only to information submitted by the Internet-based resources; based organizations, local government, tour- Commission or a broadband provider to carry (3) facilitating access to, and the exchange ism, parks and recreation, and agriculture; out the provisions of this title and shall not of, information regarding Internet safety to and otherwise limit or affect the rules governing promote up-to-date knowledge regarding (B) which shall— public disclosure of information collected by current issues; and (i) benchmark technology use across rel- any Federal or State entity under any other (4) facilitating access to Internet safety evant community sectors; Federal or State law or regulation. education and public awareness efforts the (ii) set goals for improved technology use (i) DEFINITIONS.—In this section: Commission considers appropriate by States, within each sector; and (1) COMMISSION.—The term ‘‘Commission’’ units of local government, schools, police de- (iii) develop a tactical business plan for means the Federal Communications Com- partments, nonprofit organizations, and achieving its goals, with specific rec- mission. other appropriate entities. ommendations for online application devel- (2) ELIGIBLE ENTITY.—The term ‘‘eligible SEC. 213. ANNUAL REPORTS. opment and demand creation; entity’’ means— The Commission shall submit a report to (6) to work collaboratively with broadband (A) an entity that is either— the Senate Committee on Commerce, service providers and information tech- (i) an agency or instrumentality of a State, Science, and Transportation not later than nology companies to encourage deployment or a municipality or other subdivision (or March 31 of each year that describes the ac- and use, especially in unserved areas and agency or instrumentality of a municipality tivities carried out under section 103 by the areas in which broadband penetration is sig- or other subdivision) of a State; Commission during the preceding calendar nificantly below the national average, (ii) a nonprofit organization that is de- year. through the use of local demand aggregation, scribed in section 501(c)(3) of the Internal SEC. 214. ONLINE SAFETY AND TECHNOLOGY mapping analysis, and the creation of mar- Revenue Code of 1986 and that is exempt WORKING GROUP. ket intelligence to improve the business case from taxation under section 501(a) of such (a) ESTABLISHMENT.—Within 90 days after for providers to deploy; Code; or the date of enactment of this Act, the Assist- (7) to establish programs to improve com- (iii) an independent agency or commission ant Secretary of Commerce for Communica- puter ownership and Internet access for in which an office of a State is a member on tions and Information shall establish an On- unserved areas and areas in which broadband behalf of the State; and line Safety and Technology working group

VerDate Aug 31 2005 03:23 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.048 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10696 CONGRESSIONAL RECORD — HOUSE October 2, 2008 comprised of representatives of relevant sec- CORRECTION TO THE CONGRES- sale. The purchaser shall sign adjacent to tors of the business community, public inter- SIONAL RECORD OF MONDAY, the printed sticker or written unique identi- est groups, and other appropriate groups and SEPTEMBER 29, 2008, AT PAGE fier related to that sale. Such bound paper Federal agencies to review and evaluate— H10621 book shall display the notice described in (1) the status of industry efforts to pro- clause (v). mote online safety through educational ef- ‘‘(CC) Signing a printed document that in- forts, parental control technology, blocking cludes, for such purchaser, the name of each and filtering software, age-appropriate labels METHAMPHETAMINE PRODUCTION product sold, the quantity sold, the name for content or other technologies or initia- PREVENTION ACT OF 2008 and address of the purchaser, and the date tives designed to promote a safe online envi- Mr. MARKEY. Madam Speaker, I ask and time of the sale. Such document shall be ronment for children; unanimous consent that the Com- printed by the seller at the time of the sale. (2) the status of industry efforts to pro- Such document shall contain a clearly iden- mote online safety among providers of elec- mittee on Energy and Commerce and tified signature line for a purchaser to sign. tronic communications services and remote the Committee on the Judiciary be dis- Such printed document shall display the no- computing services by reporting apparent charged from further consideration of tice described in clause (v). Each signed doc- child pornography under section 13032 of title the Senate bill (S. 1276) to establish a ument shall be inserted into a binder or 42, United States Code, including any obsta- grant program to facilitate the cre- other secure means of document storage im- cles to such reporting; ation of methamphetamine precursor mediately after the purchaser signs the doc- (3) the practices of electronic communica- ument. tions service providers and remote com- electronic logbook systems, and for other purposes, and ask for its imme- ‘‘(II) The seller enters in the logbook the puting service providers related to record re- name of the product and the quantity sold. tention in connection with crimes against diate consideration in the House. Such information may be captured through children; and The Clerk read the title of the Senate electronic means, including through elec- (4) the development of technologies to help bill. tronic data capture through bar code reader parents shield their children from inappro- The SPEAKER pro tempore. Is there or similar technology. priate material on the Internet. objection to the request of the gen- ‘‘(III) The logbook maintained by the seller (b) REPORT.—Within 1 year after the work- includes the prospective purchaser’s name, ing group is first convened, it shall submit a tleman from Massachusetts? There was no objection. address, and the date and time of the sale, as report to the Assistant Secretary and the follows: Senate Committee on Commerce, Science, The text of the Senate bill is as fol- ‘‘(aa) If the purchaser enters the informa- and Transportation that— lows: tion, the seller must determine that the (1) describes in detail its findings, includ- S. 1276 name entered in the logbook corresponds to ing any information related to the effective- the name provided on such identification and ness of such strategies and technologies and Be it enacted by the Senate and House of Rep- that the date and time entered are correct. any information about the prevalence within resentatives of the United States of America in ‘‘(bb) If the seller enters the information, industry of educational campaigns, parental Congress assembled, the prospective purchaser must verify that control technologies, blocking and filtering SECTION 1. SHORT TITLE. the information is correct. software, labeling, or other technologies to This Act may be cited as the ‘‘Meth- ‘‘(cc) Such information may be captured assist parents; and amphetamine Production Prevention Act of through electronic means, including through (2) includes recommendations as to what 2008’’. electronic data capture through bar code types of incentives could be used or devel- SEC. 2. CLARIFICATIONS REGARDING SIGNATURE reader or similar technology. oped to increase the effectiveness and imple- CAPTURE AND RETENTION FOR ‘‘(v) The written or electronic logbook in- mentation of such strategies and tech- ELECTRONIC METHAMPHETAMINE cludes, in accordance with criteria of the At- nologies. PRECURSOR LOGBOOK SYSTEMS. torney General, a notice to purchasers that (c) FACA NOT TO APPLY TO WORKING Section 310(e)(1)(A) of the Controlled Sub- entering false statements or misrepresenta- GROUP.—The Federal Advisory Committee stances Act (21 U.S.C. 830(e)(1)(A)) is amend- Act (5 U.S.C. App.) shall not apply to the ed by striking clauses (iv) through (vi) and tions in the logbook, or supplying false infor- working group. inserting the following: mation or identification that results in the entry of false statements or misrepresenta- SEC. 215. PROMOTING ONLINE SAFETY IN ‘‘(iv) In the case of a sale to which the re- SCHOOLS. quirement of clause (iii) applies, the seller tions, may subject the purchasers to crimi- Section 254(h)(5)(B) of the Communications does not sell such a product unless the sale nal penalties under section 1001 of title 18, Act of 1934 (47 U.S.C. 254(h)(5)(b)) is amend- is made in accordance with the following: United States Code, which notice specifies ed— ‘‘(I) The prospective purchaser— the maximum fine and term of imprisonment (1) by striking ‘‘and’’ after the semicolon ‘‘(aa) presents an identification card that under such section. in clause (i); provides a photograph and is issued by a ‘‘(vi) Regardless of whether the logbook (2) by striking ‘‘minors.’’ in clause (ii) and State or the Federal Government, or a docu- entry is written or electronic, the seller inserting ‘‘minors; and’’; and ment that, with respect to identification, is maintains each entry in the logbook for not (3) by adding at the end the following: considered acceptable for purposes of sec- fewer than 2 years after the date on which ‘‘(iii) as part of its Internet safety policy is tions 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B) the entry is made.’’. educating minors about appropriate online of title 8, Code of Federal Regulations (as in The Senate bill was ordered to be behavior, including interacting with other effect on or after March 9, 2006); and read a third time, was read the third individuals on social networking websites ‘‘(bb) signs the written logbook and enters time, and passed, and a motion to re- and in chat rooms and cyberbullying aware- in the logbook his or her name, address, and consider was laid on the table. ness and response.’’. the date and time of the sale, or for trans- SEC. 216. DEFINITIONS. actions involving an electronic logbook, the f In this title: purchaser provides a signature using one of SPECIAL ORDERS GRANTED (1) COMMISSION.—The term ‘‘Commission’’ the following means: means the Federal Trade Commission. ‘‘(AA) Signing a device presented by the By unanimous consent, permission to (2) INTERNET.—The term ‘‘Internet’’ means seller that captures signatures in an elec- address the House, following the legis- collectively the myriad of computer and tronic format. Such device shall display the lative program and any special orders telecommunications facilities, including notice described in clause (v). Any device heretofore entered, was granted to: equipment and operating software, which used shall preserve each signature in a man- (The following Members (at the re- comprise the interconnected world-wide net- ner that clearly links that signature to the quest of Mr. DEFAZIO) to revise and ex- other electronically-captured logbook infor- work of networks that employ the Trans- tend their remarks and include extra- mission Control Protocol/Internet Protocol, mation relating to the prospective purchaser or any predecessor successor protocols to providing that signature. neous material:) such protocol, to communicate information ‘‘(BB) Signing a bound paper book. Such Ms. WOOLSEY, for 5 minutes, today. of all kinds by wire or radio. bound paper book shall include, for such pur- Mr. LYNCH, for 5 minutes, today. TITLE II—ENHANCING CHILD chaser, either (aaa) a printed sticker affixed Mr. DEFAZIO, for 5 minutes, today. PORNOGRAPHY ENFORCEMENT to the bound paper book at the time of sale Ms. KAPTUR, for 5 minutes, today. SEC. 221. CHILD PORNOGRAPHY PREVENTION; which either displays the name of each prod- Mr. SHERMAN, for 5 minutes, today. FORFEITURES RELATED TO CHILD uct sold, the quantity sold, the name and ad- (The following Members (at the re- dress of the purchaser, and the date and time PORNOGRAPHY VIOLATIONS. quest of Mr. MICA) to revise and extend (a) IN GENERAL.—Section 503(b)(1) of the of the sale, or a unique identifier which can Communications Act of 1934 (47 U.S.C. be linked to that electronic information, or their remarks and include extraneous 503(b)(1)) is amended by striking ‘‘or 1464’’ in (bbb) a unique identifier which can be linked material:) subparagraph (D) and inserting ‘‘1464, or to that information and which is written Mr. POE, for 5 minutes, today and Oc- 2252’’. into the book by the seller at the time of tober 3.

VerDate Aug 31 2005 03:23 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.048 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10697 Mr. JONES, for 5 minutes, today and Ms. Lorraine C. Miller, Clerk of the S. 1492. An act to improve the quality of October 3. House, further reported and found Federal and State data regarding the avail- Mr. FRANKS of Arizona, for 5 minutes, truly enrolled bills of the House of the ability and quality of broadband services and today and October 3. following titles, which were thereupon to promote the deployment of affordable broadband services to all parts of the Nation. Mr. BURTON of Indiana, for 5 minutes, signed by the Speaker pro tempore, Mr. S. 1582. An act to reauthorize and amend today and October 3. HOYER, on Wednesday, October 1, 2008: the Hydrographic Services Improvement Mr. MORAN of Kansas, for 5 minutes, H.R. 928. An act to amend the Inspector Act, and for other purposes. today. General Act of 1978 to enhance the independ- S. 1738. An act to require the Department (The following Member (at his re- ence of the Inspectors General, to create a of Justice to develop and implement a Na- quest) to revise and extend his remarks Council of the Inspectors General on Integ- tional Strategy Child Exploitation Preven- tion and Interdiction, to improve the Inter- and include extraneous material:) rity and Efficiency, and for other purposes. H.R. 1532. An act to amend the Public net Crimes Against Children Task Force, to Mr. MCHENRY, for 5 minutes, today. Health Service Act with respect to making increase resources for regional computer fo- f progress toward the goal of eliminating tu- rensic labs, and to make other improvements berculosis, and for other purposes. to increase the ability of law enforcement SENATE BILLS REFERRED H.R. 2786. An act to reauthorize the pro- agencies to investigate and prosecute child Bills of the Senate of the following grams for housing assistance for Native predators. S. 2304. An act to amend title I of the Om- titles were taken from the Speaker’s Americans. H.R. 2963. An act to transfer certain land in nibus Crime Control and Safe Streets Act of table and, under the rule, referred as Riverside County, California, and San Diego 1968 to provide grants for the improved men- follows: County, California, from the Bureau of Land tal health treatment and services provided S. 602. An act to develop the next genera- Management to the United States to be held to offenders with mental illnesses, and for tion of parental control technology; to the in trust for the Pechanga Band of Luiseno other purposes. Committee on Energy and Commerce. Mission Indians, and for other purposes. S 2816. To provide for the appointment of S. 1703. An act to prevent and reduce traf- H.R. 5350. An act to authorize the Sec- the Chief Human Capital Officer of the De- ficking in persons; to the Committee on The retary of Commerce to sell or exchange cer- partment of Homeland Security by the Sec- Judiciary. tain National Oceanic and Atmospheric Ad- retary of Homeland Security. S. 3013. An act to provide for retirement ministration property located in Norfolk, S. 3015. An act to designate the facility of equity for Federal employees in nonforeign Virginia, and for other purposes. the United States Postal Service located at areas outside the 48 contiguous States and H.R. 5618. An act to reauthorize and amend 18 S. G Street, Lakeview, Oregon, as the ‘‘Dr. the District of Columbia, and for other pur- the National Sea Grant College Program Bernard Daly Post Office Building’’. poses; to the Committee on Oversight and Act, and for other purposes. S. 3023. An act to amend title 38, United Government Reform; in addition to the Com- H.R. 6098. An act to amend the Homeland States Code, to improve and enhance com- mittee on Veterans’ Affairs for a period to be Security Act of 2002 to improve the financial pensation and pension, housing, labor and subsequently determined by the Speaker, in assistance provided to State, local, and trib- education, and insurance benefits for vet- each case for consideration of such provi- al governments for information sharing ac- erans, and for other purposes. S. 3082. An act to designate the facility of sions as fall within the jurisdiction of the tivities, and for other purposes. the United States Postal Service located at Committee concerned. H.R. 6849. An act to amend the commodity 1700 Cleveland Avenue in Kansas City, Mis- S. 3073. An act to amend the Uniformed and provisions of the Food, Conservation, and souri, as the ‘‘Reverend Earl Abel Post Office Overseas Citizens Absentee Voting Act to Energy Act of 2008 to permit producers to ag- Building’’. improve procedures for the collection and de- gregate base acres and reconstitute farms to S. 3128. An act to direct the Secretary of livery of absentee ballots of absent overseas avoid the prohibition on receiving direct the Interior to provide a loan to the White uniformed services voters, and for other pur- payments, counter-cyclical payments, or av- Mountain Apache Tribe for use in planning, poses; to the Committee on House Adminis- erage crop revenue election payments when engineering, and designing a certain water tration. the sum of the base acres of a farm is 10 acres or less, and for other purposes. system project. S. 3658. An act to require the accreditation S. 3296. An act to extend the authority of of English language training programs, and f the United States Supreme Court Police to for other purposes; to the Committee on the SENATE ENROLLED BILLS SIGNED protect court officials off the Supreme Court Judiciary. Grounds and change the title of the Adminis- f The Speaker announced her signa- trative Assistant to the Chief Justice. ture on Monday, September 29, 2008 to S. 3325. An act to enhance remedies for vio- ENROLLED BILLS SIGNED enrolled bills of the Senate of the fol- lations of intellectual property laws, and for Ms. Lorraine C. Miller, Clerk of the lowing titles: other purposes. S. 3477. To amend title 44, United States House, reported and found truly en- S. 2162. An act to improve the treatment Code, to authorize grants for Presidential rolled bills of the House of the fol- and services provided by the Department of Centers of Historical Excellence. lowing titles, which were thereupon Veterans Affairs to veterans with post-trau- S. 3536. An act to amend section 5402 of signed by the Speaker on Monday, Sep- matic stress disorder and substance use dis- title 39, United States Code, to modify the tember 29, 2008: orders, and for other purposes. authority relating to United States Postal S. 2840. To establish a liaison with the Fed- Service air transportation contracts, and for H.R. 1157. An act to amend the Public eral Bureau of Investigation in United States other purposes. Health Service Act to authorize the Director Citizenship and Immigration Services to ex- S. 3550. An act to designate a portion of the of the National Institute of Environmental pedite naturalization applications filed by Rappahannock River in the Commonwealth Health Sciences to make grants for the de- members of the Armed Forces and to estab- of Virginia as the ‘‘John W. Warner Rapids’’. velopment and operation of research centers lish a deadline for processing such applica- S. 3569. An act to make improvements in regarding environmental factors that may be tions. the operation and administration of the Fed- related to the etiology of breast cancer. S. 2982. An act to amend the Runaway and eral courts, and for other purposes. H.R. 1777. An act to amend the Improving Homeless Youth Act to authorize appropria- S. 3598. An act to amend titles 46 and 18, America’s Schools Act of 1994 to make per- tions, and for other purposes. United States Code, with respect to the oper- manent the favorable treatment of need- S. 3597. An act to provide that funds allo- ation of submersible vessels and semi-sub- based educational aid under the antitrust cated for community food projects for fiscal mersible vessels without nationality. laws. year 2008 shall remain available until Sep- S. 3605. An act to extend the pilot program H.R. 5057. An act to reauthorize the Debbie tember 30, 2009. for volunteer groups to obtain criminal his- Smith DNA Backlog Grant Program, and for The Speaker pro tempore, Mr. HOYER, tory background checks. other purposes. on Wednesday, October 1, 2008 an- S. 3606. An act to extend the special immi- H.R. 5571. An act to extend for 5 years the grant nonminister religious worker program program relating to waiver of the foreign nounced his signature to enrolled bills and for other purposes. country residence requirement with respect of the Senate of the following titles: f to international medical graduates, and for S. 431. An act to require convicted sex of- other purposes. fenders to register online identifiers, and for BILLS PRESENTED TO THE H.R. 6460. An act to amend the Federal other purposes. PRESIDENT Water Pollution Control Act to provide for S. 906. An act to prohibit the sale, distribu- Lorraine C. Miller, Clerk of the the remediation of sediment contamination tion, transfer, and export of elemental mer- in areas of concern, and for other purposes. cury, and for other purposes. House reports that on September 29, H.R. 6946. An act to make a technical cor- S. 1276. An act to facilitate the creation of 2008 she presented to the President of rection in the NET 911 Improvement Act of methamphetamine precursor electronic log- the United States, for his approval, the 2008. book systems, and for other purposes. following bills:

VerDate Aug 31 2005 04:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K02OC7.090 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10698 CONGRESSIONAL RECORD — HOUSE October 2, 2008 H.R. 2638. Making appropriations for the for the export of technical data, defense serv- Traffic in Arms Regulations: Registration Department of Homeland Security for the ices, and defense articles to South Korea, the Fee Change [Public Notice: ] (RIN: 1400-AC50) fiscal year ending September 30, 2008, and for United Kingdom, and France (Transmittal received October 1, 2008, pursuant to 5 U.S.C. other purposes. No. DDTC 122-08), pursuant to 22 U.S.C. 801(a)(1)(A); to the Committee on Foreign Af- H.R. 6890. To extend the waiver authority 2776(c); to the Committee on Foreign Affairs. fairs. for the Secretary of Education under section 8966. A letter from the Acting Assistant 8976. A letter from the Acting Assistant 105 of subtitle A of title IV of division B of Secretary for Legislative Affairs, Depart- Secretary Legislative Affairs, Department of Public Law 109–148, relating to elementary ment of State, transmitting certification of State, transmitting the Department’s final and secondary education hurricane recovery a proposed technical assistance agreement rule — Amendment to the International relief, and for other purposes. for the export of technical data, defense serv- Arms Traffic in Arms Regulations: Eritrea H.R. 6894. To extend and reauthorize the ices, and defense articles to Italy (Trans- [Public Notice: ] received October 1, 2008, Defense Production Act of 1950, and for other mittal No. DDTC 108-08), pursuant to 22 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- purposes. U.S.C. 2776(c); to the Committee on Foreign mittee on Foreign Affairs. 8977. A letter from the Acting Assistant f Affairs. 8967. A letter from the Acting Assistant Secretary Legislative Affairs, Department of ADJOURNMENT Secretary for Legislative Affairs, Depart- State, transmitting pursuant to section 3(d) ment of State, transmitting certification of of the Arms Export Control Act, certifi- Ms. SUTTON. Mr. Speaker, I move a proposed technical assistance agreement cation regarding the proposed transfer of that the House do now adjourn. for the export of technical data, defense serv- major defense equipment from Turkey The motion was agreed to; accord- ices, and defense articles to Italy (Trans- (Transmittal No. RSAT-07-08); to the Com- ingly (at 8 o’clock and 20 minutes mittal No. DDTC 099-08), pursuant to 22 mittee on Foreign Affairs. p.m.), the House adjourned until to- U.S.C. 2776(c); to the Committee on Foreign 8978. A letter from the Acting Assistant Affairs. Secretary Legislative Affairs, Department of morrow, Friday, October 3, 2008, at 9 State, transmitting pursuant to section 3(d) a.m. 8968. A letter from the Acting Assistant Secretary for Legislative Affairs, Depart- of the Arms Export Control Act, certifi- f ment of State, transmitting certification of cation regarding the proposed retransfer of a proposed technical assistance agreement major defense equipment from the United EXECUTIVE COMMUNICATIONS, Kingdom to Saudi Arabia (Transmittal No. ETC. for the export of technical data, defense serv- ices, and defense articles to Sweden (Trans- DDTC 010-08); to the Committee on Foreign Under clause 8 of rule XII, executive mittal No. DDTC 112-08), pursuant to 22 Affairs. 8979. A letter from the Acting Assistant U.S.C. 2776(c); to the Committee on Foreign communications were taken from the Secretary Legislative Affairs, Department of Affairs. Speaker’s table and referred as follows: State, transmitting pursuant to section 36(c) 8969. A letter from the Acting Assistant 8958. A letter from the Chief Counsel, of the Arms Export Control Act, certifi- Secretary for Legislative Affairs, Depart- FEMA, Department of Homeland Security, cation of an application for a license for the ment of State, transmitting certification of transmitting the Department’s final rule — export of defense articles and services to a proposed technical assistance agreement Suspension of Community Eligibility [Dock- Singapore (Transmittal No. DDTC 060-08); to for the export of technical data, defense serv- et No. FEMA-8039] received October 1, 2008, the Committee on Foreign Affairs. ices, and defense articles to Mexico (Trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8980. A letter from the Acting Assistant mittal No. DDTC 120-08), pursuant to 22 mittee on Financial Services. Secretary Legislative Affairs, Department of U.S.C. 2776(c); to the Committee on Foreign 8959. A letter from the General Counsel State, transmitting certification of a pro- Affairs. (OFHEO), Federal Housing Finance Board, posed agreement for the export of defense ar- 8970. A letter from the Acting Assistant ticles or defense services sold commercially transmitting the Board’s final rule — Assess- Secretary for Legislative Affairs, Depart- ments (RIN: 2590-AA00) received September under a contract to the Republic of Korea ment of State, transmitting certification of (Transmittal No. DDTC 121-08); to the Com- 31, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to a proposed technical assistance agreement the Committee on Financial Services. mittee on Foreign Affairs. for the export of technical data, defense serv- 8981. A letter from the Acting Assistant 8960. A letter from the Director Office of ices, and defense articles to the Republic of Standards, Regulations, and Variances, De- Secretary Legislative Affairs, Department of Singapore (Transmittal No. DDTC 119-08), State, transmitting certification of a pro- partment of Labor, transmitting the Depart- pursuant to 22 U.S.C. 2776(c); to the Com- ment’s final rule — Mine Rescue Team posed technical assistance agreement for the mittee on Foreign Affairs. export of technical data, defense services, Equipment (RIN: 1219-AB56) received Sep- 8971. A letter from the Acting Assistant tember 31, 2008, pursuant to 5 U.S.C. and defense articles to Qatar (Transmittal Secretary for Legislative Affairs, Depart- No. DDTC 110-08); to the Committee on For- 801(a)(1)(A); to the Committee on Education ment of State, transmitting certification of and Labor. eign Affairs. a proposed technical assistance agreement 8982. A letter from the Chief, Publications 8961. A letter from the Vice Admiral, USN for the export of technical data, defense serv- and Regulations Branch, Internal Revenue Director, Defense Security Cooperation ices, and defense articles to The United Arab Service, transmitting the Service’s final rule Agency, transmitting notification con- Emirates (Transmittal No. DDTC 117-08), — 26 CFR 601.105: Examination of returns and cerning the Department of the Air Force’s pursuant to 22 U.S.C. 2776(c); to the Com- claims for refund, credit, or abatement; de- Proposed Letter(s) of Offer and Acceptance mittee on Foreign Affairs. termination of correct tax liability. (Also to Australia for defense articles and services 8972. A letter from the Acting Assistant PART 1, 62, 162, 267, 274, 1.62-2, 1.162-17, (Transmittal No. 08-105), pursuant to 22 Secretary Legislative Affairs, Department of 1.267(a)-1, 1.274-5.) (Rev. Proc. 2008-59) re- U.S.C. 2776(b); to the Committee on Foreign State, transmitting a report entitled ‘‘Re- ceived September 31, 2008, pursuant to 5 Affairs. port of U.S. Citizen Expropriation Claims U.S.C. 801(a)(1)(A); to the Committee on 8962. A letter from the Acting Assistant and Certain Other Commercial and Invest- Ways and Means. Secretary for Legislative Affairs, Depart- ment Disputes,’’ pursuant to Public Law 103- 8983. A letter from the Chief, Publications ment of State, transmitting certification of 236, section 527(f); to the Committee on For- and Regulations, Internal Revenue Service, a proposed Manufacturing License Agree- eign Affairs. transmitting the Service’s final rule — 26 ment with the Japan (Transmittal No. DDTC 8973. A letter from the Assistant Secretary CFR 601.105: Examination of returns and 123-08), pursuant to 22 U.S.C. 2776(d); to the For Export Administration, Department of claims for refund, credit, or abatement; de- Committee on Foreign Affairs. Commerce, transmitting the Department’s termination of correct tax liability. (Also 8963. A letter from the Acting Assistant final rule — De Minimis U.S. Content in For- Part 1, 42; 1.42-14.) (Rev. Proc. 2008-57) re- Secretary for Legislative Affairs, Depart- eign Made Items [Docket No.] (RIN: 0694- ceived September 31, 2008, pursuant to 5 ment of State, transmitting certification of AC17) received September 31, 2008, pursuant U.S.C. 801(a)(1)(A); to the Committee on a proposed Manufacturing License Agree- to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means. ment with Japan (Transmittal No. DDTC Foreign Affairs. 8984. A letter from the Regulation Coordi- 115-08), pursuant to 22 U.S.C. 2776(d); to the 8974. A letter from the Acting Assistant nator, Department of Health and Human Committee on Foreign Affairs. Secretary Legislative Affairs, Department of Services, transmitting the Department’s 8964. A letter from the Acting Assistant State, transmitting the Department’s final ‘‘Major’’ final rule — Medicare Program; Secretary for Legislative Affairs, Depart- rule — Visas: Documentation of Non- Hospital Inpatient Prospective Payment ment of State, transmitting certification of immigrants Under the Immigration and Na- Systems and Fiscal Year 2009 Rates: Final a proposed Manufacturing License Agree- tionality Act, As Amended. [Public Notice: ] Fiscal Year 2009 Wage Indices and Payment ment with Greece (Transmittal No. DDTC received September 31, 2008, pursuant to 5 Rates Including Implementation of Section 102-08), pursuant to 22 U.S.C. 2776(d); to the U.S.C. 801(a)(1)(A); to the Committee on For- 124 of the Medicare Improvement for Pa- Committee on Foreign Affairs. eign Affairs. tients and Providers Act of 2008 [CMS-1390-N] 8965. A letter from the Acting Assistant 8975. A letter from the Acting Assistant (RIN: 0938-AP15) received September 29, 2008, Secretary for Legislative Affairs, Depart- Secretary Legislative Affairs, Department of pursuant to 5 U.S.C. 801(a)(1)(A); jointly to ment of State, transmitting certification of State, transmitting the Department’s final the Committees on Energy and Commerce a proposed technical assistance agreement rule — Amendment to the International and Ways and Means.

VerDate Aug 31 2005 03:23 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.025 H02OCPT1 smartinez on PROD1PC64 with HOUSE October 2, 2008 CONGRESSIONAL RECORD — HOUSE H10699 REPORTS OF COMMITTEES ON titles were introduced and severally re- to require States to accept absentee ballots PUBLIC BILLS AND RESOLUTIONS ferred, as follows: of overseas military and civilian voters which are submitted by the voter to a pro- By Mr. DEFAZIO (for himself, Mr. Under clause 2 of rule XIII, reports of vider of express mail services not later than JONES of North Carolina, Ms. KAP- committees were delivered to the Clerk the day before the date of the election in- TUR, Mr. HULSHOF, Mr. SCOTT of Vir- for printing and reference to the proper volved for transmission to the appropriate ginia, Mr. ABERCROMBIE, Ms. HIRONO, State election official, to require the Sec- calendar, as follows: Ms. EDWARDS of Maryland, Mr. CON- retary of Defense to reimburse overseas mili- Mr. FRANK of Massachusetts: Committee YERS, Mr. CUMMINGS, Ms. SUTTON, Mr. tary voters for the costs of using a provider on Financial Services. H.R. 6694. A bill to re- DELAHUNT, and Mr. JOHNSON of Geor- of express mail services to transmit the bal- vise the requirements for seller-financed gia): downpayments for mortgages for single-fam- H.R. 7240. A bill to direct the Securities lot to the official, and for other purposes; to ily housing insured by the Secretary of and Exchange Commission to issue rules re- the Committee on House Administration. Housing and Urban Development under title garding short selling of securities, to estab- By Mr. HOLT: II of the National Housing Act and to au- lish a net worth certificate program in the H.R. 7249. A bill to amend the Internal Rev- thorize risk-based insurance premiums for Federal Deposit Insurance Corporation, in- enue Code of 1986 to provide a tax credit to certain mortgagors under such mortgages; crease the maximum amount of depository farmers to offest high energy prices, to en- with an amendment (Rept. 110–905). Referred insurance, and for other purposes; to the courage the use of renewable energy, and to to the Committee of the Whole House on the Committee on Financial Services. reduce prices to consumers; to the Com- State of the Union. By Mr. ENGEL (for himself, Mr. DIN- mittee on Ways and Means. Mr. FRANK of Massachusetts: Committee GELL, Mr. WAXMAN, Mr. RANGEL, Mr. By Mr. INSLEE (for himself, Mr. WAX- on Financial Services. H.R. 840. A bill to KING of New York, Mrs. CAPPS, Mr. MAN, Mr. HONDA, and Mr. OLVER): amend the McKinney-Vento Homeless As- MCHUGH, Ms. ESHOO, Mr. CROWLEY, H.R. 7250. A bill to require the Adminis- sistance Act to consolidate the housing as- and Mr. ALLEN): trator of the Environmental Protection sistance programs for homeless persons H.R. 7241. A bill to preserve access to Agency to conduct a study on black carbon under title IV of such Act, and for other pur- healthcare under the Medicare and Medicaid emissions and to reduce global black carbon poses; with an amendment (Rept. 110–906). programs; to the Committee on Energy and emissions; to the Committee on Energy and Referred to the Committee of the Whole Commerce, and in addition to the Committee Commerce, and in addition to the Commit- House on the State of the Union. on Ways and Means, for a period to be subse- tees on Foreign Affairs, and Science and Ms. SLAUGHTER: Committee on Rules. quently determined by the Speaker, in each Technology, for a period to be subsequently House Resolution 1525. Resolution providing case for consideration of such provisions as determined by the Speaker, in each case for for consideration of the Senate amendments fall within the jurisdiction of the committee consideration of such provisions as fall with- to the bill (H.R. 1424) to amend section 712 of concerned. in the jurisdiction of the committee con- the Employee Retirement Income Security By Mr. ANDREWS: cerned. Act of 1974, section 2705 of the Public Health H.R. 7242. A bill to make technical correc- By Mr. MCHUGH: Service Act, section 9812 of the Internal Rev- tions to the Pension Protection Act of 2006 H.R. 7251. A bill to amend the Elementary enue Code of 1986 to require equity in the relating to the Internal Revenue Code of and Secondary Education Act of 1965 to en- provision of mental health and substance-re- 1986, and for other purposes; to the Com- sure that local educational agencies receive lated disorder benefits under group health mittee on Ways and Means, and in addition Impact Aid payments for lands held in trust to the Committee on Education and Labor, plans, to prohibit discrimination on the basis for the benefit of a federally recognized In- for a period to be subsequently determined of genetic information with respect to health dian tribe or individual Indian and to amend by the Speaker, in each case for consider- insurance and employment, and for other title 31 of the United States Code to ensure ation of such provisions as fall within the ju- purposes (Rept. 110–907). Referred to the that local governments receive payments in risdiction of the committee concerned. House Calendar. lieu of taxes for lands held in trust for the By Mr. CLEAVER (for himself, Mr. Ms. SUTTON: Committee on Rules. House benefit of a federally recognized Indian tribe GRAVES, and Mr. SKELTON): Resolution 1526. Resolution providing for or individual Indian; to the Committee on H.R. 7243. A bill to designate the Liberty Education and Labor, and in addition to the consideration of motions to suspend the Memorial at the National World War I Mu- rules and waiving a requirement of clause Committee on Natural Resources, for a pe- seum in Kansas City, Missouri, as the Na- riod to be subsequently determined by the 6(a) of the rule XIII with respect to consider- tional World War I Memorial; to the Com- ation of certain resolutions reported from Speaker, in each case for consideration of mittee on Natural Resources. such provisions as fall within the jurisdic- the Committee on Rules (Rept. 110–908). Re- By Mr. HOLT: ferred to the House Calendar. tion of the committee concerned. H.R. 7244. A bill to amend the National By Mr. SKELTON: f Voter Registration Act of 1993 to establish H. Con. Res. 442. Concurrent resolution di- notice and review requirements for the re- TIME LIMITATION OF REFERRED recting the Secretary of the Senate to cor- moval of individuals from the official list of rect the enrollment of the bill S. 3001; con- BILLS eligible voters by reason other than a change sidered and agreed to. Pursuant to clause 2 of rule XII the of residence, and for other purposes; to the By Mr. FILNER (for himself, Mr. Committee on House Administration. following actions were taken by the HONDA, Mr. ISSA, and Mr. SCOTT of By Mr. HOLT: Virginia): Speaker: H.R. 7245. A bill to amend the Help Amer- H. Res. 1523. A resolution recognizing Fili- H.R. 554. Referral to the Committees on ica Vote Act of 2002 to prohibit the use in pino American Heritage Month and cele- Agriculture and the Judiciary extended for a any election for Federal office of any elec- brating the heritage and culture of Filipino period ending not later than October 3, 2008. tion-dedicated voting system technology Americans and their immense contributions H.R. 948. Referral to the Committee on which has not been certified for use in the to the Nation; to the Committee on Over- Ways and Means extended for a period ending election by the State which will administer sight and Government Reform. not later than October 3, 2008. the election and to establish the standards By Mr. EHLERS: H.R. 1717. Referral to the Committee on under which such technology and informa- H. Res. 1524. A resolution requiring the use Energy and Commerce extended for a period tion regarding the technology may be dis- of a bipartisan panel of Members in the se- ending not later than October 3, 2008. closed, and for other purposes; to the Com- lection of an individual for appointment as H.R. 1746. Referral to the Committees on mittee on House Administration. Chief Administrative Officer of the House of Foreign Affairs, Oversight and Government By Mr. HOLT: Representatives; to the Committee on House Reform, and the Judiciary for a period end- H.R. 7246. A bill to amend the Help Amer- Administration. ing not later than October 3, 2008. ica Vote Act of 2002 to establish standards H.R. 5577. Referral to the Committee on for the publication of the poll tapes used in f Energy and Commerce extended for a period elections for Federal office, and for other ending not later than October 3, 2008. purposes; to the Committee on House Admin- ADDITIONAL SPONSORS H.R. 6357. Referral to the Committee on istration. Under clause 7 of rule XII, sponsors Ways and Means extended for a period ending By Mr. HOLT: were added to public bills and resolu- H.R. 7247. A bill to amend the Help Amer- not later than October 3, 2008. tions as follows: H.R. 6598. Referral to the Committee on ica Vote Act of 2002 to establish standards Agriculture extended for a period ending not for the transparent and accurate tabulation H.R. 154: Mr. COURTNEY. later than October 3, 2008. of votes and aggregation of vote counts in H.R. 279: Mr. ROHRABACHER. elections for Federal office, and for other H.R. 303: Mr. ANDREWS. f purposes; to the Committee on House Admin- H.R. 579: Mr. ANDREWS. PUBLIC BILLS AND RESOLUTIONS istration. H.R. 661: Mr. BOUCHER. By Mr. HOLT: H.R. 715: Ms. DELAURO, Ms. MCCOLLUM of Under clause 2 of rule XII, public H.R. 7248. A bill to amend the Uniformed Minnesota, Mr. HONDA, Mr. TOWNS, and Mr. bills and resolutions of the following and Overseas Citizens Absentee Voting Act LEWIS of Georgia.

VerDate Aug 31 2005 03:23 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A02OC7.028 H02OCPT1 smartinez on PROD1PC64 with HOUSE H10700 CONGRESSIONAL RECORD — HOUSE October 2, 2008

H.R. 866: Mr BOOZMAN. H.R. 5734: Mrs. BIGGERT. H. Con. Res. 434: Mr. SMITH of New Jersey H.R. 1606: Mr. KUCINICH. H.R. 5881: Mr. KUCINICH. and Mr. MORAN of Kansas. H.R. 1621: Mr. PASCRELL and Mr. JONES of H.R. 6057: Mr. KUCINICH. H. Con. Res. 438: Mr. PAYNE. North Carolina. H.R. 6157: Mr. HALL of New York. H. Res. 758: Ms. FOXX and Mr. LINCOLN H.R. 1691: Ms. MATSUI. H.R. 6180: Mr. FARR and Ms. EDWARDS of DAVIS of Tennessee. Maryland. H.R. 1755: Ms. LEE. H. Res. 1164: Mr. MCCOTTER. H.R. 1884: Mr. MACK. H.R. 6381: Mr. KUCINICH. H. Res. 1328: Mr. BILBRAY, Mrs. TAUSCHER, H.R. 1889: Mr. HALL of New York. H.R. 6411: Mr. FLAKE. Ms. DELAURO, Ms. HARMAN, Mr. GOODE, Mrs. H.R. 1890: Mr. HALL of New York. H.R. 6462: Mr. HALL of New York. BIGGERT, and Mr. SARBANES. H.R. 2066: Ms. DEGETTE. H.R. 6495: Mr. ROTHMAN. H. Res. 1397: Mrs. MCCARTHY of New York, H.R. 2075: Mr. VAN HOLLEN. H.R. 6548: Mr. PLATTS and Ms. ESHOO. Mr. TOWNS, and Mr. HONDA. H.R. 2131: Mr. EDWARDS of Texas. H.R. 6562: Mr. MCNERNEY. H.R. 2266: Mr. NADLER. H.R. 6567: Mr. PASCRELL. H. Res. 1405: Mrs. SCHMIDT. H.R. 2329: Mr. NUNES. H.R. 6597: Ms. DELAURO, Mr. KIRK, Ms. H. Res. 1452: Mr. ABERCROMBIE. H.R. 2472: Mr. CASTLE. MATSUI, and Mr. EMANUEL. H. Res. 1462: Mr. HERGER and Mr. ENGEL. H.R. 2617: Mr. HARE. H.R. 6603: Mr. KIND. H. Res. 1477: Mr. RAHALL, Mr. THOMPSON of H.R. 2694: Mr. HARE. H.R. 6643: Mr. HOLT and Ms. NORTON. Mississippi, and Mr. INGLIS of South Caro- H.R. 2864: Mr. REYES. H.R. 6659: Mr. WELDON of Florida, Mr. lina. HENSARLING, and Mrs. BACHMANN. H.R. 2870: Mr. PASCRELL and Mr. RYAN of H. Res. 1478: Mr. RYAN of Ohio, Mr. MCGOV- H.R. 6680: Mr. HARE. Ohio. ERN, Mr. PAYNE, Mr. PICKERING, Ms. BERK- H.R. 6694: Ms. SUTTON, Mr. TOWNS, and Mr. H.R. 2941: Mr. ANDREWS. LEY, Mr. FORTUN˜ O, Mr. KLEIN of Florida, Mr. BERMAN. H.R. 3041: Mr. RYAN of Ohio. ORTIZ, Ms. MATSUI, Mr. MOORE of Kansas, H.R. 6702: Mr. ROTHMAN. H.R. 3057: Mr. ALTMIRE. Mrs. MALONEY of New York, and Mr. TOWNS. H.R. 6725: Mr. KLEIN of Florida and Mr. H.R. 3283: Mr. ANDREWS. H. Res. 1482: Mr. INGLIS of South Carolina, H.R. 3404: Mr. MARKEY. MARKEY. Mr. BROWN of South Carolina, Mr. PENCE, H.R. 3618: Mr. ABERCROMBIE. H.R. 6798: Ms. BORDALLO. and Mr. AKIN. H.R. 3834: Mr. FEENEY. H.R. 6867: Mr. ENGLISH of Pennsylvania. H. Res. 1522: Mr. GEORGE MILLER of Cali- H.R. 3874: Mr. ARCURI. H.R. 6873: Ms. KAPTUR, Mrs. BOYDA of Kan- fornia. H.R. 3929: Mr. MARKEY. sas, and Ms. GIFFORDS. H.R. 4052: Mr. STUPAK. H.R. 6884: Mr. ALLEN. H.R. 4135: Mr. SCOTT of Georgia, Mr. HOLT, H.R. 6896: Mr. BUTTERFIELD. f H.R. 6905: Mr. KUCINICH. Mr. COHEN, Mr. SCOTT of Virginia, Mr. ORTIZ, H.R. 6939: Mr. GOODE and Mr. BOSWELL. Mr. AL GREEN of Texas, Ms. EDWARDS of H.R. 6941: Ms. SCHAKOWSKY. PETITIONS, ETC. Maryland, and Mr. NADLER. H.R. 6949: Mr. SHAYS. H.R. 4138: Ms. ROS-LEHTINEN. Under clause 3 of rule XII, petitions H.R. 7013: Ms. ROYBAL-ALLARD and Mr. H.R. 4218: Mr. KUCINICH and Mr. LEWIS of HARE. and papers were laid on the Clerk’s Georgia. H.R. 7064: Mr. INGLIS of South Carolina. desk and referred as follows: H.R. 4304: Mr. ROGERS of Alabama. H.R. 7079: Mrs. CHRISTENSEN. H.R. 4990: Mr. HINCHEY and Mr. 326. The SPEAKER presented a petition of H.R. 7104: Mr. LOBIONDO. MCDERMOTT. the National Lieutenant Governors Associa- H.R. 7119: Mr. MARIO DIAZ-BALART of Flor- tion, relative to a resolution for children’s H.R. 4992: Mr. HINCHEY, Mr. MCDERMOTT, ida. Ms. MATSUI, Mr. MCGOVERN, and Mr. BER- low-cost laptops; to the Committee on Edu- H.R. 7122: Mr. KUCINICH. cation and Labor. MAN. H.R. 7125: Mr. HONDA. 327. Also, a petition of the National Lieu- H.R. 4993: Mr. HINCHEY, Mr. MCDERMOTT, H.R. 7130: Ms. BORDALLO, Mr. HINCHEY, and tenant Governors Association, relative to a Ms. MATSUI, Mr. MCGOVERN, and Mr. BER- Ms. SCHAKOWSKY. resolution advocating better health care for MAN. H.R. 7152: Mr. JEFFERSON and Mr. HINCHEY. all; to the Committee on Energy and Com- H.R. 5448: Mr. MAHONEY of Florida and Mrs. H.R. 7162: Mr. GRIJALVA. merce. TAUSCHER. H.R. 7181: Mr. LEWIS of Georgia. H.R. 5466: Mr. ANDREWS. H.R. 7209: Mrs. CHRISTENSEN. 328. Also, a petition of the National Lieu- H.R. 5565: Mr. SALI. H.R. 7211: Mr. HINCHEY. tenant Governors Association, relative to a H.R. 5585: Mr. KUCINICH and Ms. SCHWARTZ. H.R. 7219: Mr. HALL of New York, Mr. resolution in support of establishing a na- H.R. 5615: Mr. RYAN of Ohio ISRAEL, Ms. SLAUGHTER, and Mr. BISHOP of tional international education policy; joint- H.R. 5656: Mr. DANIEL E. LUNGREN of Cali- New York. ly to the Committees on Foreign Affairs and fornia, Mrs. EMERSON, Mr. FOSSELLA, Mr. H.R. 7223: Mr. BACHUS, and Mr. WITTMAN of Education and Labor. BARRETT of South Carolina, and Mr. Virginia. 329. Also, a petition of the National Lieu- BOOZMAN. H.R. 7226: Mr. MCCOTTER. tenant Governors Association, relative to a H.R. 5674: Mr. HALL of New York. H.J. Res. 91: Mr. KUCINICH. resolution to establish a national military H.R. 5704: Ms. SCHAKOWSKY and Mr. BISHOP H. Con. Res. 425: Mr. FERGUSON and Mrs. family relief fund; jointly to the Committees of Georgia. BONO MACK. on Ways and Means and Armed Services.

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