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

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

Vol. 155 WASHINGTON, TUESDAY, MARCH 31, 2009 No. 54 House of Representatives The House met at 10:30 a.m. and was which we took to heart, and we find Motors, and Chrysler, as well as sup- called to order by the Speaker pro tem- that very, very encouraging, and the ported by the UAW. pore (Ms. JACKSON-LEE of Texas). President indicated his desire to work I submit for printing in the RECORD f with the Congress to produce an incen- this op-ed. tive to get customers in the showroom. DESIGNATION OF SPEAKER PRO And this is key: How can we incent CASH IN OLD CARS FOR NEW ONES TEMPORE people to actually purchase an auto- (By Bill Ford) The SPEAKER pro tempore laid be- mobile in these economic times? fore the House the following commu- Madam Speaker, recently I was very In spite of the many challenges our coun- nication from the Speaker: proud to join with my Democratic col- try faces, I strongly believe the government WASHINGTON, DC, leagues, BETTY SUTTON of Ohio and stimulus and other steps to thaw credit markets will be effective in driving economic March 31, 2009. BRUCE BRALEY of Iowa, to sponsor H.R. I hereby appoint the Honorable SHEILA 1550, which we call the Consumer As- growth over time. JACKSON-LEE to act as Speaker pro tempore sistance to Recycle and Save Act of But we still face an immediate and serious on this day. 2009, or the CARS Act, or as it is now challenge. Last week, President Obama ob- NANCY PELOSI, served that U.S. auto sales have seen a huge Speaker of the House of Representatives. commonly being referred to as the Cash for Clunkers bill. drop-off, starkly noting ‘‘every automaker is f This bill, Madam Speaker, would pro- getting killed right now.’’ In just one year, MORNING-HOUR DEBATE U.S. auto sales have fallen by nearly 50%. vide consumers with up to a $7,500 in- And March’s sales numbers promise to be so- The SPEAKER pro tempore. Pursu- centive to trade in an older, less fuel- bering for foreign and domestic automakers. ant to the order of the House of Janu- efficient vehicle for a new, more fuel- efficient vehicle. And we know this is This unprecedented trend is sustainable for ary 6, 2009, the Chair will now recog- neither the industry nor the economy. We nize Members from lists submitted by an idea that will work because it al- urgently need to draw reluctant consumers the majority and minority leaders for ready has. back into the marketplace. The good news is morning-hour debate. In this case, consumers actually get that there is a proven initiative, outlined by The Chair will alternate recognition the immediacy at the point of sale, not the president on Monday, that can help con- between the parties, with each party later on in the year when they might sumers overcome their fear. The plan also limited to 30 minutes and each Mem- be doing their tax returns to get a would help the environment and increase en- ber, other than the majority and mi- credit or something, but when they are ergy security. It has been called a ‘‘fleet nority leaders and the minority whip, purchasing a car they would get a modernization’’ or a ‘‘scrappage’’ program. limited to 5 minutes. voucher for this. And the good thing is Whatever the name—it works. f as well that dealers don’t actually have In January, the German government en- to take that trade-in and have it sit- acted a consumer incentive equivalent to ‘‘CARS’’ BILL A PRESCRIPTION ting on the lot, either. That car would $3,200 to scrap automobiles that are at least FOR IMPROVED AUTO SALES be scrapped. But, as I say, we know it 9 years old and buy new, more environ- The SPEAKER pro tempore. The would work because we have seen what mentally advanced vehicles. By February, Chair recognizes the gentlewoman from has happened. sales of new vehicles jumped 21% over the same month a year before. Countries such as Michigan (Mrs. MILLER) for 3 minutes. Recently, the German Government Japan, France, Italy, South Korea and others Mrs. MILLER of Michigan. Madam introduced a similar incentive, and in are considering or already have similar pro- Speaker, yesterday was a very, very February German car sales were up 22 grams. tough medicine, I would say that is an percent, as sales fell, as we all are pain- This model can work in the U.S., too. understatement, tough medicine for fully aware, around the rest of the President Obama said that he would like to the people of Michigan, as President world. use parts of the economic stimulus package Obama put down very quick timelines There was an op-ed in today’s USA to fund a program that would give con- for General Motors and Chrysler to Today by Bill Ford, and it is titled, sumers a ‘‘generous credit’’ when they re- complete the restructuring plans that ‘‘Cash in Old Cars for New Ones. Econ- place an older car with a new, more fuel-effi- will make them viable both in the omy, Consumers, Automakers Would cient car. short term, and long-term viability as All Benefit.’’ This is written by Bill President Obama has rightly emphasized well. Ford of the Ford Motor Company. And the importance of vehicle fuel-efficiency At that same time, the President in- I will also say that this bill is sup- gains and expressed concern about shrinking dicated his support for the industry, ported by all of the Big Three, General U.S. auto sales and the risk it poses to the

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Nov 24 2008 02:05 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.000 H31MRPT1 jbell on PROD1PC69 with HOUSE H4132 CONGRESSIONAL RECORD — HOUSE March 31, 2009 economy. This program could help the envi- I believe that this is a prescription ited from the Bush administration the ronment and jobs. that our auto industry needs. I think it largest deficit in United States history. HOW THE PROGRAM WOULD WORK is a critical component, Madam Speak- It is ironic, because when the Bush Here’s how one bipartisan proposal before er, of the road forward for the auto in- administration took office, they were Congress would work to stimulate new vehi- dustry and our Nation, and I would facing a projected $5.2 trillion budget cle purchases. The program would provide urge all of my colleagues to join us to surplus, and Republicans had control of vouchers to consumers for vehicles at least 9 help preserve jobs, to help consumers, all of the levers of power here in Wash- years old. The vouchers likely would be ington, D.C. Their control created eco- worth more than the current value of their and to reduce our dependence on for- vehicle. For example, a consumer who turns eign oil and protect this vital industry. nomic problems, the budget deficit ex- in an older car could get a voucher ranging f ploded, and taxes were cut for people from $4,000 to $5,000 to use as a down pay- who needed it the very least. ment on a $20,000 car that exceeds 27 miles THE BUDGET Ours is, I must emphasize, a budget per gallon. Combined with current auto sales The SPEAKER pro tempore. The outline that will enable Congress, at incentives, consumers likely will get unprec- Chair recognizes the gentleman from least those who want to be legislators edented deals on more fuel-efficient cars. Oregon (Mr. BLUMENAUER) for 5 min- and not merely talk about it, to roll up An independent analyst, Barclays Capital, utes. their sleeves and deliver on the chal- estimates that this proposal could boost Mr. BLUMENAUER. Madam Speaker, sales by 2.5 million units if 2% of eligible ve- lenges that the President made in hicles were traded in. This surge in sales the budget is the most important chal- health care, education, climate, deficit would help preserve American jobs in com- lenge that every Congress faces year in reduction, and tax reform. munities across the country. and year out. It reflects our priorities, There are no specific policy decisions Taxpayers are rightly concerned about the it shows how we deal with war and made in the budget outline. That is not federal deficit given the significant spending peace, the economy, education, and the what a budget is for. Rather, it is to on the economic stimulus. Let me clarify, environment, who pays, and who bene- provide the framework. Budget deci- Ford is in a different position and is not fits. sions will be made by the people here seeking emergency taxpayer assistance. Under the Constitution, this is a Nonetheless, Congress needs to spur con- who decide to be legislators over the sumer demand for autos—the largest pur- uniquely congressional responsibility. next 6 months. There is still time for chase a family makes after a home. The power of the purse is reserved to people on the other side of the aisle to This vehicle modernization idea would re- the United States Congress. reject their leadership, roll up their quire additional investment by taxpayers. I have been disturbed lately to find sleeves, and work with us to deal with Its cost would be dependent on how Congress one political party being AWOL. In specifics on carbon pollution, on health structures the incentive and its duration. fact, Republican Leader BOEHNER fa- care, on education. The alternative, however, if sales do not re- mously announced earlier this month It was a little disorienting to hear at bound quickly, is more job losses, more home that he wanted the people that he leads the Budget Committee late into the foreclosures, and less revenue for govern- in the Republican Conference not to be ments that must provide more jobless and night last Wednesday Republicans health care benefits. legislators but just communicators, talking about objecting to the Presi- In addition to its consumer benefits, this not be involved in the give and take of dent’s proposal to reform student loans initiative would help reduce our carbon foot- the legislative process. And as if to because they were afraid it would cost print. Automakers are accelerating efforts to drive the point home, the Republicans some bankers some jobs. I did the reduce greenhouse gases, but the latest fuel- last week released a budget proposal math. According to their figures, those economy rules apply only to new cars. This that the Associated Press summarized jobs were at the expense of $133,000 proposal would help America get greener as, and I quote, ‘‘a glossy pamphlet, faster by retiring a portion of the 240 million each, money that the Democrats and short on details, and long on campaign- the President think ought to be loaned vehicles on the road. It could reduce our CO2 emissions by millions of metric tons per style talking points.’’ to students, not to subsidize bankers. year. There wasn’t any substance there. We look forward to a spirited debate FUEL EFFICIENCY MEANS LOWER COSTS There were no hard numbers talking this week. The program also would help contribute to about what they would do to reduce the f deficits and what the deficit would be, greater energy independence. Replacing an TAXPAYER EMPOWERMENT AND older car with a new, more fuel-efficient one what programs they were going to cut. drives down gas consumption. That helps Very, very disappointing to see a pam- ADVOCACY ACT consumers, too. In fact, the Department of phlet that basically recycled the poli- The SPEAKER pro tempore. The Energy estimates a family could save $780 cies of the last 8 years of the Bush ad- Chair recognizes the gentleman from per year by moving from a vehicle with 18 ministration and Republican leader- South Carolina (Mr. BARRETT) for 5 miles per gallon to one with 30 mpg. ship that drove us into the economic minutes. The auto industry, both foreign and domestic, needs to work together to do our part in ditch. They proposed their same old Mr. BARRETT of South Carolina. turning the economy around. But we also tax cuts for people who need them Madam Speaker, we are facing serious need to use the tools that our government least, and offered an alternative that economic challenges. In my home possesses, and routinely deploys in so many would provide 25 percent less in tax re- State of South Carolina, the unemploy- other ways, to help move the economy more duction for lower income Americans ment rate is right at 11 percent. We all swiftly to a better place. than is proposed by President Obama know someone who has been personally Improved auto sales will be one of the key and would run up the deficit even high- affected by these tough times, a friend, indicators that America is on the road to er than it already is. a neighbor, a family member. We have economic recovery. As Congress weighs a national energy policy, climate change or even We are going to have a week that is all seen the ‘‘going out of business’’ more stimulus measures, we urge lawmakers dominated by budget discussion. We signs hanging in the front doors of to consider this market-based consumer in- Democrats are going to bring our budg- local shops and stores. centive. This fleet modernization idea would et to the floor on Thursday that builds The people we represent are looking be a win-win-win for the consumer, the econ- on the President’s challenge: Health to Congress for answers, Madam Speak- omy, the environment. care for all Americans; education re- er. But the so-called solutions coming This is a bipartisan piece of legisla- form, investing in the needs of edu- from the Washington Democrats call tion. It is very important to say this. cation for our children and for people for more spending, more borrowing, This is bipartisan legislation, and it ac- that have lost their jobs or need to and more taxing. The President’s budg- complishes two very important goals: change their career track; investing in et increases taxes by nearly $2 trillion, First, it gets customers into the show- reducing carbon pollution, climate doubles the national debt in less than 6 rooms by buying vehicles and, of change, and energy independence to years, and spends $4 trillion alone this course, to help keep people working, as create green-collar jobs that will be year. And, of course, who can forget all well as getting more fuel-efficient cars sustainable and provide value to the of the wasteful spending in the stim- on the roads and reducing our depend- economy while we protect the planet. ulus bill: $50 million for the National ence on foreign oil. So it is a win-win Our budget is serious about deficit re- Endowment for the Arts, $300 million all the way around. duction, after President Obama inher- for green golf carts, and $30 million to

VerDate Nov 24 2008 02:08 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.001 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4133 protect a mouse in San Francisco. And sive expansion of government under DEMOCRATS REWRITING HISTORY that is just to name a few. total Republican rule, took us from a The SPEAKER pro tempore. The Taxpayers have had enough. Across time of surplus to a time of massive Chair recognizes the gentlewoman from our State and across this country, they deficits. George Bush set record after North Carolina (Ms. FOXX) for 5 min- are gathering together to voice their record with deficits during his Presi- utes. outrage. Inspired by our Nation’s early dency, and he managed in 8 short years Ms. FOXX. Madam Speaker, it is patriots, thousands of taxpayers are to double the debt that it had taken us very interesting to come and listen to gathering at hundreds of modern-day more than 200 years to accumulate as a my colleagues on the other side of the tea parties to protest Washington’s Nation. And the Republicans were all aisle. It is clear they are living the wasteful spending, the Democrat-writ- for it. book ‘‘1984’’ by George Orwell because ten stimulus package, the housing bail- But now they would have us believe they are constantly rewriting history out, and President Obama’s budget. A that their born-again fiscal conserv- to suit their purposes. I want to say recent tea party in Greenville, South atives, with a 19-page document with that if there is anybody out there who Carolina, attracted more than 2,000 no specifics—and guess what it con- hasn’t read ‘‘1984’’ by George Orwell, or participants, and a similar rally in Cin- tains, this is how we are going to bal- hasn’t read it in a long time, I strongly cinnati drew more than 4,000 dissatis- ance the budget, folks—more tax cuts urge you to do so because we are obvi- fied taxpayers. for rich people. Oh, what a surprise. ously living through what Orwell pre- That will solve everything. They do I want to let the people know that I dicted. We are just a few years later have this cockamamie theory, and it is hear what they are saying, and, Madam than he suggested it would be. Speaker, I am doing something about that if we give all of the money to the I love the attitude of my colleagues, it. Today I am introducing the Tax- rich people, the rich people will go out too, who say we are going to give all of and invest that money. When they in- payer Empowerment and Advocacy the money to the rich. It displays their vest that money, the little people will Act, the TEA Act. approach to our country. Their atti- get jobs, and the little people will pay Over the next 5 years, the TEA Act tude is that the government owns all of taxes because the rich people will save taxpayers over one-half tril- the money and if money is not taken shouldn’t. That is their budget, plain lion dollars by reducing spending, re- from citizens, then it is being given to stricting the growth of government, and simple. Eliminate the estate tax. That would them by the government. and strengthening the definition of Our country is the greatest country emergency spending to close loopholes mean that if Bill Gates died tomorrow, and God forbid, I hope he is healthy in the world, founded on capitalism and and prevent abuse. founded on Judeo-Christian beliefs, and Across South Carolina, around kitch- and he won’t, but if he did, the unreal- ized capital gains of his stock would founded on the rule of law. The money en tables and behind the small business doesn’t belong to the government, it counters, individuals are making tough then become nontaxable. No taxes would have ever been paid on that belongs to the hardworking people who decisions about their budgets. But Con- earned it. I think that in a nutshell gress has refused to do the same, and it stock, passed on to his kids. If his kids invest it for a living under the Repub- sums up their attitude: The govern- is time for that to change. I believe the ment should be in charge of absolutely TEA Act is a start to setting Congress lican plan, they would earn capital gains and under their plan investors everything, and we are seeing that play on a new, more accountable course, and out with the proposals coming out of to protect the taxpayers’ best interest. don’t pay taxes. So you can have multi-generations of people accumu- this administration and out of this Enough is enough. Congress. Again, they are doing their I ask my colleagues to join me in lating more and more wealth who haven’t paid a penny in taxes. But best to make excuses for it by rewrit- supporting this bill and protecting the ing history. American taxpayer. don’t worry, the Republicans tell us, they will invest that money in America Our economy was doing very well f and put the little people to work. Well, under the Bush administration until THE BUDGET no, maybe they will invest that money January 2007 when the Democrats took control of the Congress. They like to The SPEAKER pro tempore. The in China where labor is cheaper, or ignore those 2 years they were in con- Chair recognizes the gentleman from Mexico where labor is cheaper, or who trol of Congress and President Bush Oregon (Mr. DEFAZIO) for 5 minutes. knows where. Who knows how they will was still President. We had 55 straight Mr. DEFAZIO. Well, the Republicans waste it. Who knows what new, specu- are at it again. It would be funny if we lative instruments they will come up months of job creation. Suddenly that weren’t in such dire financial straits as with. Their so-called alternative would ended in January 2007 when they took the government is, thanks to a number be funny if it wasn’t so serious. But over. Gas prices started going up, and of years of Republican rule. this is deadly serious. they reached their peak under this During the Bush era, George Bush in- President Obama is trying to dig us Democratically controlled Congress. herited a balanced budget, he inherited out of an incredibly deep hole and a And I think it is very, very important projections of a surplus for years to very difficult time in the American that people be reminded of that. come, and paying down the debt of the economy. The radical deregulation of They have said that President Bush United States substantially. Well, he the Bush years and all of that wealth created the largest deficit in our Na- went to work busily, and using restric- creation on Wall Street, which has now tion’s history. That simply is not true, tive legislative rules the Republicans tanked, many people’s pensions and and it isn’t true that President Obama passed massive tax cuts favoring the their 401(k)s, it is killing jobs, we are has inherited the largest deficit in his- wealthiest of us. Those with estates trying to fix that, and we are trying to tory. But we are going to do our best to over $5 million, those who earn over re-instill a sense of fiscal responsibility straighten out that issue. They also like to say that the Repub- $250,000 a year got huge largess from here in Washington, DC. It will not be licans have no alternatives to what the the Republican Party. easy. And particularly it won’t be easy Now, in a time of surplus, it didn’t if the Republicans continue to play the Democrats are proposing. That also is hurt too much. But then, George Bush clown on their side of the aisle and say not true. We have always had alter- launched an unnecessary war in Iraq eliminating taxes for rich people will natives. This session in particular we and decided to pay for it off the books; solve all of the problems confronting have brought forth very specific alter- i.e., he did not score it in the budget, the American people. Maybe it will natives. Last week we presented a 16- and just every year declared it as an provide them health care; I’m not sure page document primarily of principles. emergency as much as it might cost. how that works. Maybe it will help This week we are releasing our bal- So far, close to $700 billion has been educate their kids in public schools; I anced budget resolution, and we will spent on George Bush’s war in Iraq. don’t quite get that part. Maybe it will have a balanced budget and it does the rebuild our infrastructure; hmm, it kinds of things that the American peo- b 1045 won’t do that, either. But it will make ple expect to be done. It will be bal- Of course George Bush’s tax cuts and the rich richer, and that’s all they are anced, unlike the Obama budget which his off-the-books spending and a mas- about. puts us greater and greater into debt

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.005 H31MRPT1 jbell on PROD1PC69 with HOUSE H4134 CONGRESSIONAL RECORD — HOUSE March 31, 2009 and creates a deficit. Our budget im- First, it rebuilds our infrastructure, The budget that has been proposed re- proves every single year and achieves a our roads, bridges and waterways. It flects those particular values. At the surplus in 2019 which is when the builds a new energy grid so we can get same time, it maintains for middle Obama budget has a huge deficit and a power throughout our Nation in a America, for 95 percent of Americans, huge debt. cheaper and more efficient way. smaller taxes. But it is a difficult pre- Under our budget, the national debt Second, it creates a new energy econ- dicament we are in now. This President will decline by more than $6 trillion, omy. If we want to keep sending tons has provided to the Congress a budget compared to the President’s budget and tons of money across the waters to that is going to get us out of this ditch, which averages deficits of more than a the Middle East, then we should do and it is going to take the work of each trillion dollars a year. It is true that nothing, keep the status quo. That’s and every one of us to move forward. we give tax relief, but that is impor- what our friends on the Republican f tant. Again, we want the American side of the aisle would like us to do, people who earn their money to keep just vote no, we like the status quo. BUDGET DECIDES AMONG more of their money rather than turn- But I don’t like the status quo. I don’t PRIORITIES ing it over to the government under like sending our hard-earned dollars to The SPEAKER pro tempore. The duress and allowing bureaucrats to the Middle East year after year after Chair recognizes the gentleman from spend that money. year, and we are creating a new energy Kentucky (Mr. YARMUTH) for 5 min- We will also fully fund defense which economy within the stimulus bill. utes. is the number one role of the Federal We are helping our States which have Mr. YARMUTH. Madam Speaker, Government. Our colleagues on the found themselves to have lost lots of this week the House will consider the other side of the aisle constantly forget revenue over the last 6 months, so they budget resolution for fiscal year 2010. to talk about that. The Federal Gov- can continue to employ teachers and As with any budget, whether it is a ernment is the only government in our firefighters and policemen. So we are household budget or the U.S. Govern- country that can provide for our de- helping our States continue to provide ment, the process involves deciding fense. We suffered a terrible situation the services that we so desperately among priorities. And in the case of on September 11, 2001, and we have not need right now. the Federal Government, it is deciding had another episode since then because There are tax cuts within the stim- among priorities, all of which have le- the administration kept us safe. ulus bill and within the budget for al- gitimate public benefits. We also create a zero-growth baseline most every American, but not the Last week, the Budget Committee for nondefense spending, and we as- wealthiest 5 percent, so that each one marked up the resolution. One of the sume repeal of most of the provisions of us gets a little bit of a break, but we amendments offered by our colleagues in the so-called stimulus bill. We make are not giving it to the top people who on the other side of the aisle proposed no changes in Social Security, Medi- have had the break for the last 8 years. one of those decisions. Mr. HENSARLING care and Medicaid. However, we do The last thing it does is it provides and Mr. MCHENRY proposed to strip $50 clamp down on wasteful and low-pri- assistance to people who have been laid million of funding for the National En- ority mandatory spending. We are also off and need assistance with unemploy- dowment for the Arts and direct those going to assume savings from an ear- ment or with their COBRA health in- funds to be spent for veterans’ health mark moratorium, something that the surance so they don’t just run into a care facilities. I applaud them very American people desperately want to wall, to get us through this difficult much for their interest in veterans’ see. period. health care. f President Obama inherited a budget And I am happy to remind them and PRESIDENT OBAMA’S BUDGET deficit that was $1.3 trillion. It is a lot everyone else who is watching that The SPEAKER pro tempore. The of money. It is more than any of us can over the past 3 years, the Democratic Chair recognizes the gentleman from comprehend being in the red. When Congress increased funding for vet- Colorado (Mr. PERLMUTTER) for 5 min- President Clinton left office, we had a erans’ health care by $17 billion. And utes. budget surplus. We were paying off the that is following 6 years under their Mr. PERLMUTTER. Madam Speaker, debt, and we got just the opposite when party’s rule where the number of vets I was just listening to my good friend President Bush left office. actually receiving care declined. We are doing three things in par- from North Carolina, and she and I are b 1100 friends. We serve on committees to- ticular to get us out of this predica- gether. We agree on a lot of things, but ment. First is to provide a new energy Unfortunately, the debate on their we couldn’t disagree more on how we economy, similar to the stimulus, but amendment the other night left a lot got into this place and what it is going the budget moves this forward another to be desired as it actually became an to take to get out. 4 years. opportunity for somebody to take We had an administration and a Re- Second, it deals with health care cheap shots at arts funding that are publican Congress that said America, which is something that everybody has not borne out by logic or facts. We just it’s okay to give tax cuts to the talked about for years but really little heard a little earlier the gentleman wealthiest people in the country and has been done. And for each company from South Carolina say arts funding have wars in Iraq and Afghanistan and out there, for each individual, we have is wasteful spending. Well, this day by go into debt. seen our health care costs going up. We fortuitous coincidence is Arts Advo- Well, it turned our country from a have to come at it a whole different cacy Day, and I’d like to make the case very prosperous Nation into one that way, and that is what the budget pro- for NEA funding, because, although was borrowing money from all across poses. that amendment was defeated in the the globe, something that can’t go on The third thing is to make sure that Budget Committee, it may rear its forever. And it finally came home to our education system, our kinder- head this week as well. roost about 6 or 7 months ago when the garten through 12th grade, and then Mr. HENSARLING supported his banks had trouble, the automakers had our higher education system is the best amendment by juxtaposing the health trouble, everybody saw our economy in the world so we continue to be able care needs of one of his constituents, a just crunch like we hadn’t seen it in to compete globally, so that business legitimate American military hero generations. That’s what we are faced comes here and stays here and doesn’t from Palestine, Texas, against funding with today, ladies and gentlemen. go overseas like it has been doing. for the arts. He implied that he didn’t That’s what we are faced with today, It is a very ambitious agenda, but it represent constituents who would ben- Madam Speaker. is one that is going to take us into the efit from arts funding. Well, I represent So what are we going to do about it? 21st century, something we didn’t do some legitimate American heroes as Well, in the past month we passed the during the last eight years of a Repub- well, but I also represent Actors The- stimulus bill which is designed to do at lican Administration. We just lived on ater of Louisville, a world-renowned in- least five things to get our country borrowed time and borrowed money. stitution; the Louisville Ballet; the back on track. And now it is time to move forward. Louisville Orchestra; the Kentucky

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.006 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4135 Opera and dozens of other arts groups; FISCAL YEAR 2010 BUDGET the Budget Committee cut $250 billion 7,700 employees of arts groups; and 1,500 The SPEAKER pro tempore. The reserved for future financial sector arts-related businesses. I represent Ken Chair recognizes the gentleman from bailouts. von Roenn, a glass artist whose work Virginia (Mr. CONNOLLY) for 5 minutes. The President’s vision supports the decorates Reagan National Airport. He Mr. CONNOLLY of Virginia. I thank middle class by expanding the child tax created an institution called Glass- the Speaker. credit, maintaining the elimination of works which has brought hundreds and Madam Speaker, listening to some of the marriage tax penalty, carrying for- thousands of people to Louisville, made our friends on the other side, I am ward the Making Work Pay tax credit, it a national center for glass art and struck sometimes with the idea of— maintaining the estate tax and capital has provided a great economic gener- have you no shame? The crowd that gains tax reductions, and ensuring that ator in Louisville. brought us from record surpluses in 8 the alternative minimum tax does not In total, the arts contribute in my brief years to record deficits—have you hit the millions of working Americans district alone more than $250 million no shame? The crowd that rode this in danger of being affected. There are annually, including $100 million on economy, a healthy economy that was $1.5 trillion of tax cuts in this budget. arts-related spending like restaurants growing jobs, into the economic ditch— The President’s vision supports and hotels and so forth. All told last have you no shame? The crowd that meaningful health care reform as well. year, 5 million people attended arts oversaw the dismantling of strict en- Even as overall health care costs rose events and cultural events in my dis- forcement of regulation and prevented over the last 8 years, the number of trict and they paid $5.6 million in local regulation of the financial services in- Americans without health insurance taxes. dustry to any great degree when it increased from 13.7 percent of the popu- came to complicated financial instru- Now I don’t know a lot about Mr. lation to 15.3 percent. Under the Presi- ments and then is surprised at the re- HENSARLING’s district or Mr. dent’s proposal, we will be able to offer sults—have you no shame? health care to the 46 million Americans MCHENRY’s district, but I do know this: Madam Speaker, today I rise to dis- I know in Mr. HENSARLING’s district currently without coverage. cuss the fiscal year 2010 budget and its The President’s vision invests in en- there are 1,317 arts businesses employ- critical importance to our Nation’s fu- ing 3,229 people. The economic impact ergy independence and promotes a ture. The latest estimate of our 2008 clean energy economy that creates of the arts in Dallas, which he rep- fourth quarter GDP decline is now 6.3 resents part of, was $550 million in 2006. jobs. For too long, a sustainable and percent. After a record job loss of clean energy policy has been ignored In Mr. MCHENRY’s district there are 947 681,000 in December, January and Feb- arts-related business employing 3,043 and our dependence on foreign oil has ruary losses both topped 650,000. Al- grown. Increasing our investment in people. In North Carolina, there are most 2 million Americans have lost 17,000 businesses employing 159,000 peo- energy efficiency and renewable energy their jobs in just the last 3 months. technologies will promote America’s ple. Nationally, the impact of the arts The Federal Reserve has estimated is $166 billion, 5.7 million jobs, $104 bil- energy independence and safeguard our that GDP for the entirety of this year environment through a reduction in lion in household income, $7.9 billion in will decline between 0.5 percent and 1.3 local taxes, $9.1 billion in State taxes greenhouse gas production. percent, which underscores the dire In recognition of the critical role and $12.6 billion in Federal taxes. Now need for action. Every further contrac- somebody may say that that’s not an that education plays in our economic tion in our economy represents addi- productivity, the President’s budget economic benefit, but I believe the tional Americans who lose their jobs. facts are contrary to that. And listen builds upon the classroom support pro- President Obama has set a bold agen- vided in the Recovery Act. From en- to what the Chicago Tribune wrote in da to heal our ailing economy. While an editorial back in February talking hancing Head Start and early child- no one action will instantly fix the eco- hood learning opportunities to making about the stimulus funding for the nomic troubles we have been left by arts: college more affordable through ex- the Bush administration, the President panding Pell Grants, this budget will After all, the argument that the and this Congress have taken a number prepare our children to become produc- labor-intensive arts are not job-cre- of steps to put us on the path to recov- tive, contributing members of the glob- ation engines is patently absurd; they ery. Like many of my colleagues, I al economy. just fuel different kinds of struggling have already seen positive effects of In addition, the President’s vision workers, workers unaccustomed to bo- the American Recovery and Reinvest- places national defense on a sustain- nuses. Their role in generating billions ment Act in my district: of dollars in ancillary economic activ- A community health center at risk of able course, including a 4 percent in- ity for stores, restaurants and the trav- closing its doors received funding and crease in defense spending for fiscal el business has been proven in is treating patients today. year 2010. It includes enhanced support bucketloads of surveys and analyses. Local small businesses that were lay- for our veterans, finally fulfilling the duty this country owes for the service Let’s think about the arts funding in ing off workers are now rehiring them to complete transportation projects. they have given. another way. Fifty million dollars as a The President’s vision prepares for percentage of this year’s budget is one But there’s more to accomplish. President Obama’s vision is trans- the reauthorization of the transpor- seventy-thousandths of the budget. For tation funding bill that will invest in someone who’s trying to decide how to formative and provides for the critical investments in America that have been transit and infrastructure projects spend $35,000 in annual income, their throughout the country. personal budget, it’s 50 cents. That’s neglected for far too long. Deficit re- Now I would like to confirm what is the equivalent amount. I don’t know duction, middle-income tax relief, not in the concurrent resolution on the one American probably who hasn’t health care reform, education and en- budget. Much has been made of the po- bought a CD, hasn’t gone to a movie, ergy independence are the linchpins of tential funding sources the President hasn’t gone to a concert or gone to a the President’s plan. Under President Obama’s plan, at the has listed in his blueprint. Madam play and spent a lot more than 50 end of 4 years, we will have cut the cur- Speaker, I would point out, the concur- cents. rent year’s deficit of $1.8 trillion, most rent budget resolution that is sched- Mr. HENSARLING offered the contrast of it inherited from President Bush, by uled to come before the full House does of one piece of sculpture—a selective two-thirds, to $586 billion. The fiscal not increase taxes. In fact, it would re- one at that—to a veterans clinic, but I year 2010 concurrent resolution on the duce them. It simply lays the founda- would offer another picture: a picture budget reduces nondefense discretion for fulfilling President Obama’s of an F–22 jet fighter, $143 million for tionary spending over the next 10 years vision and making the critical invest- one jet fighter plane. to its lowest level as a percentage of ments in America’s future. Specific tax This is about priorities and the arts GDP in almost 50 years. This Congress policies will be pursued by the tax- are an important priority for this expects similar fiscal responsibility writing committees of the Congress country. from the private sector and that is why where I expect further modifications

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.009 H31MRPT1 jbell on PROD1PC69 with HOUSE H4136 CONGRESSIONAL RECORD — HOUSE March 31, 2009 and hope to see elimination of the pro- HONORING THE LIFE OF LUCILLE INTERNET FREEDOM posed caps on mortgage interest and DOTSON FRANCOIS (Ms. LORETTA SANCHEZ of Cali- charitable deductions. (Ms. RICHARDSON asked and was fornia asked and was given permission Madam Speaker, I look forward to given permission to address the House to address the House for 1 minute and supporting the President’s budget. for 1 minute.) to revise and extend her remarks.) f Ms. RICHARDSON. Mr. Speaker, I Ms. LORETTA SANCHEZ of Cali- RECESS rise to honor the life of Lucille Dotson fornia. Today, I, along with several of Francois. I rise in honor of this incred- my colleagues, will be sending a letter The SPEAKER pro tempore. Pursu- ible lady because, although I had not to major Internet service providers, in- ant to clause 12(a) of rule I, the Chair met her in person, but because of the cluding Google, Microsoft, and Yahoo, declares the House in recess until noon lives that she has left behind, particu- expressing our concern regarding the today. larly in her daughter, Yvonne Wheeler. worsening Internet restrictions in Accordingly (at 11 o’clock and 9 min- Ms. Francois recently passed after Vietnam. utes a.m.), the House stood in recess It has come to our attention that the until noon. living 85 fulfilling years. She was a devoted public servant. She grew up in Vietnamese Government intends to f Baton Rouge, Louisiana, the same area further restrict Internet access by ask- b 1200 where my own grandmother grew up. ing major Internet service providers to assist them in policing the Internet. AFTER RECESS She served in the East Baton Rouge School System until she retired, rais- The letter strongly urges the Inter- The recess having expired, the House ing our young people and creating a net service providers to protect the Vi- was called to order by the Speaker pro new generation—one that I think all of etnamese people’s freedom of speech tempore (Mr. BLUMENAUER) at noon. us would agree is something we should and expression by providing tech- f not take lightly. After that, she ex- nologies in a manner that respects individuals’ rights and their privacy. PRAYER tended her services working in the community, enjoying coordinating var- The Internet has become a major The Chaplain, the Reverend Daniel P. ious events. But most of all what she source of communication and informa- Coughlin, offered the following prayer: loved was building young people and tion for the Vietnamese citizens. As Let all the Nations be judged before building family. Members of Congress, we must con- You. Lord, You alone can touch all the She was a devoted wife, mother, tinue to advocate for Vietnamese citi- world with a holy fear. Before You grandmother, and great grandmother. zens’ freedom of speech and their free- every nation is revealed. Each is only a I’d like to personally acknowledge the dom of expression. Upholding these collection of people. incredible work that all of her family freedoms is a corporate social responsi- Let humanity reign! Let all the na- has done, and particularly that of her bility, and Internet service providers tions see their souls in the eyes of each daughter, who has led an incredible life must do everything they can to provide other. Speak to minds and hearts, O and assisted us in California. Internet freedom for the people of Viet- Lord. Lift the lines of demarcation just May her family be blessed. Please nam, despite the pressure that is com- enough for them to witness their com- join me, Mr. Speaker, as we acknowl- ing from the Vietnamese Government. mon concerns, their ground for hope, edge the life of Lucille Dotson Fran- and a united course of action. f cois. Before You alone they stand hum- GM: GOVERNMENT MOTORS bled, yet together You can strengthen f (Mr. POE of Texas asked and was them in their resolve to free the future given permission to address the House for all Your people. Let all the nations REPUBLICAN BUDGET PROMOTES for 1 minute.) be judged before you, O Lord. Mr. POE of Texas. Mr. Speaker, the Amen. AMERICAN FAMILIES AND SMALL BUSINESSES Federal Government has gotten into f the business of picking winners and THE JOURNAL (Mr. WILSON of South Carolina losers in the automobile industry. The asked and was given permission to ad- government has decided that GM is a The SPEAKER pro tempore. The dress the House for 1 minute and to re- winner and Chrysler is a loser unless— Chair has examined the Journal of the vise and extend his remarks.) Chrysler obeys the Federal Govern- last day’s proceedings and announces Mr. WILSON of South Carolina. Mr. ment and partners with Italian to the House his approval thereof. Speaker, Republicans are offering a carmaker Fiat to begin producing Pursuant to clause 1, rule I, the Jour- budget that will move our country in a Chrysler Fiat as automobiles. No tell- nal stands approved. new direction of fiscal responsibility. ing what those cars will look like. f It provides commonsense support for Since when, Mr. Speaker, did the PLEDGE OF ALLEGIANCE small businesses, which create the ma- Federal Government get the authority jority of jobs in America. It provides The SPEAKER pro tempore. Will the to fire CEOs of private companies and relief for American families. It keeps gentleman from South Carolina (Mr. take over their businesses? our promise to future generations by Well, the Feds did just that by taking WILSON) come forward and lead the addressing entitlement spending so we House in the Pledge of Allegiance. control of GM and Chrysler. Now we do not go bankrupt in the future. Mr. WILSON of South Carolina led should change the name of both compa- The Democrat budget, on the other the Pledge of Allegiance as follows: nies to ‘‘Government Motors.’’ hand, is a Washington-as-usual borrow If you like the way Uncle Sam runs I pledge allegiance to the Flag of the and spending spree. It is no change. It United States of America, and to the Repub- government businesses like Fannie lic for which it stands, one nation under God, raises taxes on American families and Mae, Freddie Mac, the Post Office, indivisible, with liberty and justice for all. small businesses $1.4 trillion. It pro- FEMA, and the IRS, you will love the duces record spending levels and, not f new Government Motors automobiles. surprising, record borrowing. The Federal Government is picking MESSAGE FROM THE SENATE Republicans are offering a smarter winners in the auto industry with tax- A message from the Senate by Ms. way forward, one where we limit spend- payer bailout money. We don’t need Curtis, one of its clerks, announced ing, help small businesses create jobs, any more bailouts. The government that the Senate has passed a bill of the and control the debt that threatens the spends too much, borrows too much, following title in which the concur- solvency of the dollar and Social Secu- taxes too much. The government needs rence of the House is requested. rity. to stop cutting deals with special inter- S. 681. An act to provide for special rules In conclusion, God bless our troops, est groups and start cutting taxes for relating to assistance concerning the Greens- and we will never forget September Americans. burg, Kansas tornado. 11th in the global war on terrorism. And that’s just the way it is.

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.010 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4137 CONGRATULATING EISENHOWER Financial institutions were provided and a prosperous clean energy econ- HIGH SCHOOL with hundreds of billions of dollars— omy. With legislation to encourage en- (Mr. BACA asked and was given per- significantly more than the recent GM vironmentally friendly energy produc- mission to address the House for 1 and Chrysler requests for new loans to- tion, we can finally achieve this goal. minute.) taling $21.6 billion, at most. We can turn our American ingenuity Mr. BACA. Mr. Speaker, I rise today The people primarily affected by yes- towards a new and vibrant clean indus- to congratulate the boy’s basketball terday’s decision in the auto industry try that will create millions of new team from Eisenhower High School—in are those whose greatest daily con- jobs. my hometown of Rialto, California—for cerns are their mortgage payments, We cannot ignore the facts of climate winning the CIF State title this past their children’s college tuition, and change. We have to act now to ensure Friday. medical bills. Financial executives are that our children and their children With their 73–61 victory over the concerned primarily with their own bo- will enjoy the same Earth on which we Rocklin Thunder—from Sacramento, nuses, awarded for what can only be de- live today. California—the Eagles captured the scribed as massive failure. Solar, wind, biofuels, natural gas, ad- first ever State title for a school from The President has joined the chorus vanced coal technology, and others are San Bernardino County. of caustic critics of the automobile in- not just the fuels of the future. They The win was the 23rd consecutive vic- dustry while only giving faint praise to are the fuels of today. They are ready tory to end the season for the Eagles, the high-quality vehicles produced by for large-scale use in the global econ- and came after tough playoff wins over the American manufacturers like the omy. State powerhouses Loyola and Buick LaCrosse, which this year American companies are ready to Leuzinger from Lawndale, California. matched the Jaguar in J.D. Powers and lead the way, but Congress must first Everyone said they were too small, Associates’ rating for the world’s most take action. As a member of SEEC and but led by head coach Steve Johnson, reliable car. as cochair of the New Dem Energy the undersized Eagles used speed and a This double standard is offensive, Mr. Task Force, I encourage my colleagues tenacious defense to beat Rocklin. Speaker. to participate in the debate for a On behalf of my family—Barbara, Joe f stronger energy-efficient America. Baca, Jr., Jeremy, Natalie, and Jen- PROTECT AMERICAN DEMOCRACY f nifer Baca—I want to thank the play- b 1215 ers, coaches, parents, and school ad- (Mr. FLEMING asked and was given ministrators, who all contributed so permission to address the House for 1 THE VOTE ON THE BUDGET much to Eisenhower’s historic run. minute.) (Mr. KIRK asked and was given per- On Saturday, April 11th, their cour- Mr. FLEMING. Mr. Speaker, I rise mission to address the House for 1 age and relentless efforts will be recog- today to speak in opposition to the minute and to revise and extend his re- nized with a ticker-tape parade in Ri- Employee Free Choice Act, the title of marks.) alto. I thank Eisenhower for the hope which betrays the true nature of this Mr. KIRK. Mr. Speaker, we will vote this achievement has brought to our bill. It represents nothing resembling on a budget this week, we will discuss inland communities during this time of ‘‘free choice.’’ spending and taxing, but we will not economic difficulty. This ‘‘card check’’ legislation is un- discuss how our kids will eventually American and would strip workers of f pay these debts. their fundamental democratic right to The Bureau of the Public Debt will TAKE A SERIOUS LOOK a secret ballot. Without the protection now undertake a massive borrowing (Mr. ROONEY asked and was given of the secret ballot, workers are likely campaign. We used to borrow from permission to address the House for 1 to be exposed to pressure and coercion about 45 major lenders, but that has minute.) from union bosses and organizers. now dropped to 16. Our biggest lender Mr. ROONEY. Mr. Speaker, we’ve all My question to those who support used to be China, but they are now re- heard about the out-of-control spend- this bill is: Why are you afraid of a se- ducing. ing, the borrowing, the increase in cret ballot? Can’t we give workers To fund the stimulus, the Bureau taxes, the bailouts, the AIG bonuses, credit for making the right decision for tells the Congress that we have to bor- the stock market drop, the job losses, themselves? row at a rate of $160 billion a week. more foreclosures, government-run In addition, a recent study has shown And, last month Germany and the health care, increased gas prices, the that increases in union workers under United Kingdom both failed to auction credit crisis, more jobs lost, the Presi- card check rules will likely lead to an their debt because no one wanted to dent firing the CEO of General Motors, increase in unemployment due to mak- lend these governments more money. and more jobs lost—and this only in ing their businesses less competitive. Each week, at four auctions a week, the first 2 months of this Congress. At a time when we should be focusing the United States will now risk the Now we face a budget this week that on job creation, the majority is push- same fate. will increase taxes, increase spending, ing through legislation that will put What happens when this Congress increase borrowing more than ever be- millions of American jobs at risk while runs out of other people’s money? fore in the history of this country. We simultaneously eliminating a corner- f are also poised to make serious cuts in stone of American democracy—the se- military spending in uncertain times. cret ballot. LONG-TERM ECONOMIC PLAN We need to take a serious look in the As a small business owner myself, I BEGINS GROWING JOBS eyes of our children and ask ourselves can tell you that this legislation is a (Mr. CARNAHAN asked and was if they deserve the future we are giving poison pill for the economy. I urge my given permission to address the House them. colleagues to vote against this leftist, for 1 minute and to revise and extend f socialist legislation. his remarks.) f Mr. CARNAHAN. Mr. Speaker, the FINANCIAL-AUTO INDUSTRY fallout from the failed policies of the DOUBLE STANDARD SUSTAINABLE ENERGY AND last 8 years will take time to turn (Mr. KILDEE asked and was given ENVIRONMENT COALITION around. permission to address the House for 1 (Mrs. HALVORSON asked and was The Bush administration inherited a minute.) given permission to address the House record surplus of $5.6 trillion, and Mr. KILDEE. Mr. Speaker, I rise for 1 minute.) turned it into a record deficit of $5.8 today to express my disappointment in Mrs. HALVORSON. Mr. Speaker, the trillion. President Obama’s budget is a President Obama’s decision regarding Sustainable Energy and Environment long-term plan to turn the economy General Motors and Chrysler. Person- Coalition is committed to the adoption around and transform it for future ally, I feel that Rick Wagoner was of policies that will put our Nation on prosperity, with targeted investments treated shabbily. a path towards energy independence in health care, energy, and education.

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.014 H31MRPT1 jbell on PROD1PC69 with HOUSE H4138 CONGRESSIONAL RECORD — HOUSE March 31, 2009 The plan takes steps to reduce health dren are on us, and they have one ques- TAX, TAX, TAX . . . SPEND, care costs, one of the largest contribution, and that question is: When all the SPEND, SPEND tors to the deficit and a growing bur- work, when all the world, and when all (Mr. THOMPSON of Pennsylvania den on American businesses like the of us stood waiting for you to do the asked and was given permission to ad- auto industry. The budget includes $2 right thing to act on our behalf, to dress the House for 1 minute and to re- trillion worth of savings, ending the change the way we use and get energy, vise and extend his remarks.) war in Iraq, cutting programs that are did you act? Did you act for us, or did Mr. THOMPSON of Pennsylvania. not effective, and ending tax breaks for you just kick the can down the road Tax, tax, tax, spend, spend, spend. corporations that ship jobs overseas. one more time? Sounds like the movie Groundhog Day. My constituents who are struggling f Doesn’t it? Well, actually, that would to make ends meet continue to urge me REAUTHORIZE THE PATRIOT ACT be an insult to my most famous con- to support this budget. The American stituent, Punxsutawney Phil. It is the (Mr. SMITH of Texas asked and was people understand this commonsense Democratic budget. given permission to address the House blueprint for change is exactly what we Mr. Speaker, as the budget comes to for 1 minute and to revise and extend need for these challenging times. They the floor this week, the American peo- understand it cuts taxes for 95 percent his remarks.) Mr. SMITH of Texas. Mr. Speaker, ple deserve to know the truth. This of Americans, cuts wasteful spending, budget will increase taxes on every sin- cuts the deficit in half over 4 years. FBI Director Mueller in his recent testimony before the Senate Judiciary gle American. This budget will stifle What this budget grows is jobs. We economic growth. And, this budget will can’t afford to wait. Committee urged Congress to renew increase the tax burden on small busi- f what he called exceptional intelligence-gathering tools. Earlier this nesses, the very segment of the econ- SMALL BUSINESS month, I introduced legislation to do omy that is best equipped to get us (Mr. LEE of New York asked and was just that. back on track. given permission to address the House The Safe and Secure America Act ex- Mr. Speaker, this is not the change for 1 minute.) tends for 10 years the sunset on two ex- the American people voted for in No- Mr. LEE of New York. Mr. Speaker, piring PATRIOT Act provisions: Rov- vember. At the current pace, the 111th small businesses created over 80 per- ing wiretaps, and Foreign Intelligence Congress is going to leave one legacy cent of the jobs in this country in the Surveillance Act business records. for which it will be remembered, and past decade, yet Washington continues Director Mueller reports that obtain- that is a legacy of debt for future gen- to apply erroneous legislation that ing business records ‘‘has been excep- erations, $9.3 trillion in debt over the hurts and dampens the entrepreneurial tionally helpful in our national secu- next 10 years, if the President’s budget spirit we have in this country. rity investigations.’’ is rubber-stamped by this Congress. Whether it is health care costs, high And the roving wiretap authority It is time for the American people to taxes, or promoting legislation which means that agents are no longer re- hear the truth. This budget taxes too opens businesses up to more frivolous quired to obtain a separate warrant for much, spends too much, and borrows lawsuits, Washington is making it very each phone, cell phone, or device a sus- too much. difficult on hardworking Americans pect uses. f I hope Director Mueller and the ad- when we ask them to shoulder more BUDGET FACT CHECK: RESPON- ministration will ensure that these burdens which they continually face. SIBLE SPENDING TO GROW That is what I heard yesterday when critical national security tools are re- AMERICA’S ECONOMY I conducted a small business round- authorized and kept in place. (Ms. WATSON asked and was given table in my district. One of these small f business owners said, ‘‘We don’t want permission to address the House for 1 THE BUDGET to depend on the government for any- minute and to revise and extend her re- thing, but they can help us by under- (Ms. EDWARDS of Maryland asked marks.) standing that the burdens they are and was given permission to address Ms. WATSON. Mr. Speaker, the placing are trickling down and break- the House for 1 minute.) President’s budget includes $2 trillion ing the backs of small business.’’ Ms. EDWARDS of Maryland. Mr. worth of budget savings through end- We can start to change that by pass- Speaker, I rise today in support of ing the Iraq war, cutting programs ing H.R. 1552, legislation I have intro- House Democrats’ budget resolution. that are not effective, ending tax duced with my colleague from Mary- At long last, we have an honest budg- breaks for corporations that ship goods land, FRANK KRATOVIL, that will give a et that will mark another significant overseas, and asking those who make boost to new small businesses by in- step forward on the road to recovery. over $250,000 per year and have had creasing the maximum tax deduction This budget reverses 8 years of abso- huge tax cuts over the past 8 years to on their startup costs from $5,000 to lutely failed policies under the Bush pay a little more. It includes key integ- $20,000. This bipartisan initiative will administration which led to record rity initiatives to protect taxpayers’ provide firms with the much-needed re- deficits, a doubling of the national money by rooting out any waste, fraud, sources they need. debt, and loss of 4.4 million jobs since and abuse. the end of 2007. The President’s budget also contains f Mr. Speaker, this budget makes nec- critical investments that will grow the ENERGY essary investments to lead the country economy. It makes critical invest- (Mr. HIMES asked and was given per- toward a future of economic pros- ments in the modernization of our Na- mission to address the House for 1 perity, creating good-paying American tion’s infrastructure, and it helps small minute.) jobs by investing to reform our health business and innovative companies Mr. HIMES. Mr. Speaker, I rise this care system, developing and manufac- grow their bottom line by eliminating afternoon for 1 minute, 60 seconds, dur- turing clean energy economy, and up- the capital gains tax on small business. ing which this great Nation will send grading our educational system so our It improves opportunities for future $200,000 abroad to pay for foreign oil, children can compete in the 21st cen- generations. It makes the $2,500 Amer- each of those dollars hard earned in tury global economy. The budget re- ican opportunity tax credit. one of our factories, small businesses, turns fairness and fiscal responsibility Let’s make a difference. Vote for the or offices. by cutting taxes for the middle class. budget. My colleagues, we have failed to act Now, Mr. Speaker, this budget is f on energy for far too long, we, who rep- clear. It is a clear choice to invest in resent a Nation who has always taken our country’s future, and I urge my THE BUDGET the hard choices and done the right colleagues this week to vote ‘‘yes’’ on (Mr. PAYNE asked and was given thing to invest in our future. this budget resolution to support permission to address the House for 1 Much is said in this House about our House Democrats and to end 8 years of minute and to revise and extend his re- children. Now the eyes of those chil- failed Bush policy. marks.)

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.017 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4139 Mr. PAYNE. Mr. Speaker, after lead- that ship their jobs overseas; and, ask- tion, legislation that directly affects ing our Nation to the brink of financial ing those who make more than $250,000 all of our communities and the lives of disaster through their reckless eco- a year and have had huge tax cuts over millions of Americans, legislation that nomic policies, our Republican col- the past 8 years to pay just a little bit has seen broad support in both this leagues now have the audacity to more. House and by our colleagues in the launch attacks on the budget proposed This budget cuts taxes for 95 percent Senate. This legislation strengthens by President Obama and the Demo- of American workers, it cuts the deficit our communities, helps educate future cratic majority in Congress. in half in over 4 years, and ends an era generations, teaches our youth to pre- After taking the healthy budget sur- of irresponsibility and budget gim- pare for and respond to natural disas- plus left by the Clinton administration micks. So I am proud, Mr. Speaker, to ters, and fosters a growth of respect and turning it into the most disastrous support the President’s budget. and compassion throughout our entire deficit in history, Republicans are ac- f society. The Senator Edward M. Kennedy tually attacking a budget proposal PROVIDING FOR CONSIDERATION Serve America Act will help launch a which cuts the deficit by nearly two- OF SENATE AMENDMENTS TO new era of American service and vol- thirds by the year 2013, cuts taxes for H.R. 1388, EDWARD M. KENNEDY unteerism. The bill answers President middle-income families by $1.5 trillion, SERVE AMERICA ACT creates jobs with investment and re- Obama’s call for Americans of all gen- forms in health care, clean energy, edu- Ms. MATSUI. Mr. Speaker, by direc- erations to help get the country cation, and reduces nondefense discretion of the Committee on Rules, I call through the economic crisis by serving tionary spending to its lowest level as up House Resolution 296 and ask for its and volunteering in their communities. a percentage of the economy in nearly immediate consideration. The bill has been named after the half a century. The Clerk read the resolution, as fol- ‘‘lion in the Senate,’’ EDWARD KEN- By contrast, the Republicans have lows: NEDY, to recognize his lifetime commit- put forth a so-called budget which, un- H. Res. 296 ment to national service and to mak- believably, contains no numbers. None. Resolved, That upon adoption of this reso- ing America a stronger, more collec- What their budget does is propose more lution it shall be in order to take from the tive nation. The Edward M. Kennedy Speaker’s table the bill (H.R. 1388) to reau- Serve America Act reauthorizes for the of the same failed policies that got our thorize and reform the national service laws, country into this deep financial eco- with the Senate amendments thereto, and to first time in 15 years our country’s in- nomic crisis. consider in the House, without intervention vestment in community service and f of any point of order except those arising volunteerism. As a cochair of the Na- under clause 10 of rule XXI, a single motion tional Service Caucus, it is a pleasure CLEAN CAR REBATE ACT OF 2009 offered by the chair of the Committee on to call attention to the tremendous (Ms. SPEIER asked and was given Education and Labor or his designee that the work of those involved at every level permission to address the House for 1 House concur in the Senate amendments. and in every program of the corpora- minute and to revise and extend her re- The Senate amendments and the motion tion. shall be considered as read. The motion shall marks.) be debatable for one hour equally divided and Mr. Speaker, service and vol- Ms. SPEIER. Mr. Speaker, in our controlled by the chair and ranking minority unteerism are the bedrock of our emer- budget vote this week we need to do member of the Committee on Education and gency preparedness and national secu- three things: We need to get Americans Labor. The previous question shall be consid- rity. In times of strife, the American back to work; we need to get them ered as ordered on the motion to final adop- people have always shown a spirit of spending money again; and we need to tion without intervening motion or demand service and ingenuity. Investing in get them to reduce their dependence on for division of the question. service and volunteer programs pre- oil. Today, I will introduce a bill to ad- SEC. 2. House Resolution 289 is laid on the table. pares us to handle any crisis. dress all three of these concerns. We saw firsthand the importance of The Clean Car Rebate Act of 2009 will The SPEAKER pro tempore. The gen- having trained volunteers in the wake provide a direct consumer rebate check tlewoman from California is recognized of the 2005 hurricanes Katrina and to anyone buying a fuel-efficient vehi- for 1 hour. Rita. Following the devastation in the Ms. MATSUI. For the purpose of de- cle, beginning at $1,000 for a 2009 car gulf coast, more than 92,000 national bate only, I yield the customary 30 getting 28 miles to the gallon, that is service volunteers contributed over 3.5 minutes to the gentleman from Flor- any car, foreign or domestic; and, in- million hours of work to the recovery ida, my good friend, Mr. DIAZ-BALART. creasing for more efficient vehicles, effort. They repaired homes, neighbor- All time yielded during consideration topping out at $2,500 for cars getting 33 hoods and lives. of the rule is for debate only. The assistance from trained volun- miles to a gallon. I yield myself such time as I may teers following the devastating storms The Clean Car Rebate Act is good for consume. jobs, it is good for the American car in- represents only one example of the GENERAL LEAVE dustry, and it is great for our environ- many accomplishments that our serv- Ms. MATSUI. I also ask unanimous ment. ice volunteers achieve every single consent that all Members be given 5 day. Since September of 2005, over 4,070 f legislative days in which to revise and National Civilian Community Corps, or extend their remarks on House Resolu- OUR BUDGET VOTE as we call it NCCC, members have (Mr. CLEAVER asked and was given tion 296. The SPEAKER pro tempore. Is there served more than 2.1 million hours in permission to address the House for 1 objection to the request of the gentle- the gulf coast on over 830 relief and re- minute and to revise and extend his re- woman from California? covery projects. marks.) There was no objection. Last year, NCCC members from my Mr. CLEAVER. Mr. Speaker, Presi- Ms. MATSUI. Mr. Speaker, House hometown of Sacramento served thou- dent Barack Obama assumed the presi- Resolution 296 provides for consider- sands of hours to help fight the fires dency with the United States in a con- ation of Senate amendments to the bill that devastated the lives and liveli- dition worse than any President in the H.R. 1388. The rule makes in order a hoods of thousands of Californians, and history of our Republic. He came in motion by the chairman on the Com- in doing so helped protect thousands with problems on every single front, mittee on Education and Labor to con- more. AmeriCorps NCCC members are not the least of which was our budget. cur in Senate amendments to H.R. 1388. disaster-trained and available for im- I am very pleased to be supporting The rule provides 1 hour of debate on mediate deployment in the event of a the President’s budget. It includes over the motion controlled by the Com- natural disaster anywhere within the $2 trillion worth of budget savings mittee on Education and Labor. United States, just as they were in the through ending what at one point cost gulf coast and in California. us more than $10 billion a month, b 1230 Through programs such as which was the war in Iraq; we are end- Mr. Speaker, I rise today in support AmeriCorps State and national, Volun- ing the tax breaks for corporations of a vital piece of bipartisan legisla- teers in Service to America, or VISTA,

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.018 H31MRPT1 jbell on PROD1PC69 with HOUSE H4140 CONGRESSIONAL RECORD — HOUSE March 31, 2009 and NCCC, service members address dicted on voter fraud charges to receive Public service and volunteerism pro- critical needs in our communities. In taxpayer funds, especially when the vide the means through which Ameri- fact, these programs continually put House overwhelmingly voted to forbid cans can give back to their commu- back more into the community than the use of taxpayer funds for such orga- nities while gaining the tools that they we put into them. The Serve America nizations. need to achieve their own goals. The Act shows Congress’ support for their It is my sincere belief that if those Serve America Act will create a frame- heroic and continued efforts and en- provisions would have been kept in the work to help develop national service sures these programs continue for legislation, over two-thirds of the programs that will improve their com- years to come. House would have voted to pass the munities and enrich the lives of all The Edward M. Kennedy Serve Amer- legislation today, legislation that, yes, those who answer the call to serve. ica Act will expand these opportunities otherwise does help communities by re- I am pleased to see that in this com- as well as health care access, provide cruiting 250,000 volunteers for promised version of the bill before us seniors with help living independently, AmeriCorps. But we will never know if that we retain the competition provi- enhance services for veterans and help I’m right because the majority is rush- sions in the Senior Corps program. I’m build a green, energy-efficient econ- ing to get this bill passed and is prohib- also pleased this bill permits our Silver omy. iting Members on both sides of the Scholars to transfer their education Mr. Speaker, in 2007, more than 61 aisle from introducing amendments to awards to their children, foster chil- million Americans spent over 8 billion once again include the commonsense dren or grandchildren. The Serve hours volunteering. Overall, about 27 bipartisan provisions that passed pre- America Act contains important provi- percent of Americans volunteer, and viously in the House. sions that will help strengthen commu- the number of volunteers increased by Mr. Speaker, I would remind the ma- nities and provide real opportunities 1 million from 2002 to 2007. Addition- jority leadership of the events 2 weeks for Americans to serve in meaningful ally, with increased numbers of Ameri- ago, when we learned that legislation ways. cans losing jobs, many are turning to that the majority also rushed to the I am proud of the focus that the bill service as a way to contribute to their floor without proper review included a places in providing opportunities for communities and learn new skills. Now provision that allowed AIG executives disadvantaged youth, strengthening is precisely the time when we should to receive multimillion-dollar bonuses mentoring programs, increasing serv- make national service more accessible with taxpayer funds. I know the major- ice opportunities in cities and urban to the millions of Americans who want ity will say that we are trying to ob- centers, vets and people with disabil- to serve their country by contributing struct important legislation today. ities. Under the Serve America Act, to their communities. That is far from the truth. Many of us volunteer and service opportunities are As a result, I hope that my col- in the minority were ready to support made available to people of all ages. leagues will support the rule and the the legislation and, in fact, many of us This will give thousands of older Amer- underlying legislation. I look forward did so before. icans the opportunity to share their to the passage of this bill and the his- What we in the minority are saying knowledge and skills for the benefit of toric moment when President Obama today, what we are trying to do, is to their communities while offering signs this into law. prevent the majority from once again young people guidance and support. I am proud that this bill contains an Mr. Speaker, I reserve the balance of wasting taxpayer dollars and embar- important focus on disadvantaged my time. rassing Congress. youth. By providing the right types of Mr. LINCOLN DIAZ-BALART of I reserve the balance of my time. Florida. Mr. Speaker, I want to thank Ms. MATSUI. Mr. Speaker, I yield 3 outlets, young people coming from dif- my friend, the distinguished gentle- minutes to the gentlewoman from New ficult circumstances will have a chance to lift themselves up through service. woman from California (Ms. MATSUI), York (Mrs. MCCARTHY). The Serve America Act will build a na- for the time, and I yield myself such Mrs. MCCARTHY of New York. Mr. tional infrastructure for service and time as I may consume. Speaker, I rise today in support of H.R. Mr. Speaker, I expected to come to 1388, the Edward M. Kennedy Serve volunteerism and makes an historical the floor today to speak about the good America Act. And I want to thank the investment in the way our service proof volunteerism and to support the un- leadership of my colleague for offering grams are administered. The bill focuses on building our na- derlying legislation, the Edward M. me this opportunity to speak. I want to tional service participation while pro- Kennedy Serve America Act. However, also thank Chairman MILLER for his viding much-needed streamlining to re- I must now oppose the legislation be- leadership and dedication to national duce administrative burdens. This bill cause of the removal of important pro- service after moving this important requires States to ensure outreach to visions that were supported, by the bill towards passage. I would also like local government such as cities and way, by an overwhelming majority of to thank the full committee ranking counties when preparing national serv- the House on both sides of the aisle, in- member, Mr. MCKEON, and the ranking ice plans. Better outreach will result in cluding a majority of Democrats. member on my subcommittee, Mr. being able to target program funds to When the House voted to approve the PLATTS, and I would like to thank all where local folks think they need to underlying legislation earlier in the the staff that have worked so hard on go. month, it included the Republican mo- this. I’m also pleased that this bill in- tion to recommit. The provisions in the I am pleased that the Senate has cludes an investment in mentoring Republican motion made organizations moved this bill so quickly and that we partnerships. I would like to thank that are co-located with those that are getting closer to being able to send SUSAN DAVIS for her hard work on this promote or provide abortions, as well it to President Obama for his signa- issue. Mr. Chairman, this is a good bill, as political parties and lobbyists, ineli- ture. I’m also glad to see that we have and I certainly hope we can pass it. gible from receiving funds provided renamed the bill in honor of Senator Mr. LINCOLN DIAZ-BALART of through the legislation. It also prohib- EDWARD KENNEDY, a man who has dem- Florida. I have no further requests for ited funds from going to organizations onstrated a lifelong commitment to time at this time, and I yield back the that have been indicted on voter fraud public service. balance of my time. charges. Last month President Obama stood Ms. MATSUI. Mr. Speaker, this reau- However, the version of the legisla- in this Chamber and called on Congress thorization, the first in 15 years, takes tion before the House today was to pass legislation that would inspire a programs and infrastructure that have stripped of those protections, even new generation of service and vol- touched so many lives and builds off its though those very provisions passed unteerism in our Nation. This bill an- foundation to greatly increase the the House by a bipartisan vote of 318– swers that call. Since the bill was quality and improve the quantity and 105. I really don’t understand why the passed in this body 2 weeks ago, there quality of service that we as a Nation majority leadership would force the has been a public outpouring and inter- work to provide. House to consider legislation that will est in public service and volunteerism National service is a proven return allow organizations that have been in- from citizens throughout this Nation. on our investment. With this bill, we

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.021 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4141 will broaden those involved in service (Mr. DREIER). All time yielded during develop the legislation necessary to across the country, and in doing so, consideration of the rule is for debate further our economic recovery, but foster the value of civic engagement only. also ensures that the committee has and duty that can change a life in a I yield myself such time as I may the capacity to adequately oversee the community. consume. execution of these policies. This bipartisan legislation is truly a GENERAL LEAVE This increase, as well as the increase win-win for all those involved and for Mr. HASTINGS of Florida. I also ask, in funding for the Committee on Small our country. It makes excellent im- Mr. Speaker, unanimous consent that Business, will help ensure that hard- provements in an already successful all Members be given 5 legislative days earned taxpayer dollars are going into Corporation for National and Commu- in which to revise and extend their re- the right hands and helping the right nity Service. It improves access and marks on House Resolution 294. people. support for organizations and grant ap- The SPEAKER pro tempore. Is there Additionally, with health care reform plicants, and most importantly, reas- objection to the request of the gen- a priority for this Congress and our sures our valued servicemembers that tleman from Florida? new President, H. Res. 279 provides an Congress supports them and their work There was no objection. increase of 11 percent for the Com- in our communities. Mr. HASTINGS of Florida. Mr. mittee on Energy and Commerce so we I urge a ‘‘yes’’ vote on the previous Speaker, H. Res. 294 provides for con- can continue our efforts to provide question and on the rule. sideration of the 111th Congress com- health care for every single American, I yield back the balance of my time, mittee funding resolution. As my col- in addition to working to finally and I move the previous question on leagues may know, clause 7 of rule X achieve energy independence. the resolution. provides for the interim committee And while Congress continues to take The previous question was ordered. funding until the permanent funding on the task of overseeing our Nation’s The SPEAKER pro tempore. The resolution is in place. That temporary financial industry and the execution of question is on the resolution. funding expires today. Therefore, it is our recovery initiatives, this body is The question was taken; and the very important that we consider and ever-more scrutinized by the watchful Speaker pro tempore announced that pass this rule and the underlying reso- eye of the American public. In order to the ayes appeared to have it. lution today. ensure public trust in Congress, this Mr. LINCOLN DIAZ-BALART of The committee funding resolution resolution provides for an increase of 10 Florida. Mr. Speaker, on that I demand before us is the result of a bipartisan percent for the Committee on Stand- the yeas and nays. effort between Chairman BRADY and ards of Official Conduct. The yeas and nays were ordered. Ranking Member LUNGREN of the Com- This resolution provides a pragmatic, The SPEAKER pro tempore. Pursu- mittee on House Administration. It fiscally prudent approach to com- ant to clause 8 of rule XX, further pro- was reported from the committee by a mittee funding, increasing total fund- ceedings on this question will be post- voice vote, and included an amendment ing in 2009 by less than 5 percent, an poned. by the ranking member to help in- amount within the D.C. cost of living f crease transparency and accountability adjustment. in the committee funding process. Further, it provides a 3.9-percent in- PROVIDING FOR CONSIDERATION This is a very fair and modest fund- crease in 2010, to accommodate the in- OF H. RES. 279, PROVIDING FOR ing resolution which seeks to keep creased legislative and oversight work EXPENSES OF CERTAIN COMMIT- costs down, but still allow committees load typically seen in the second ses- TEES OF HOUSE OF REPRESENT- to fulfill their duties. This resolution sion. ATIVES IN 111TH CONGRESS recommends to the House an author- It also assures adequate oversight by Mr. HASTINGS of Florida. Mr. ization to expend approximately $149.6 requiring committee chairs and rank- Speaker, by direction of the Com- million in the first session and $154.9 ing members to return to the Com- mittee on Rules, I call up House Reso- million in the second session. This to- mittee on House Administration by lution 294 and ask for its immediate tals approximately $12.4 million below February of 2010 to report on com- consideration. the combined levels requested by each mittee spending. The Clerk read the resolution, as fol- of the committees. This funding resolution strikes a re- lows: It further reflects the commitment of sponsible balance between the ex- H. RES. 294 Democrats to fairness and bipartisan- panded oversight duties of the 111th Resolved, That upon the adoption of this ship. The resolution incorporates an Congress and the realities of our cur- resolution it shall be in order without inter- amendment by Ranking Member LUN- rent economic climate. It will help this vention of any point of order to consider in GREN and carries forward the ‘‘one- Congress adequately meet our econo- the House the resolution (H. Res. 279) pro- third’’ rule in which a third of com- my’s pressing needs, while working to- viding for the expenses of certain commit- mittee resources are used to support ward implementing the policies that tees of the House of Representatives in the the work of the minority. will drive our Nation into the 21st cen- One Hundred Eleventh Congress. The amend- Rather than blindly tying committee ment in the nature of a substitute rec- tury. ommended by the Committee on House Ad- funding to inflation or some other arbi- Mr. Speaker, I urge passage of this ministration now printed in the resolution trary number, this resolution is tai- rule and of the resolution, and I reserve shall be considered as adopted. The resolu- lored to meet the unique challenges the balance of my time. tion, as amended, shall be considered as read. and circumstances facing this Con- Mr. DREIER. Mr. Speaker, I yield The previous question shall be considered as gress. myself such time as I may consume. ordered on the resolution, as amended, to As we work to implement the sweep- (Mr. DREIER asked and was given final adoption without intervening motion or ing agenda of Democratic leadership permission to revise and extend his re- demand for division of the question except: and the new Democratic administra- marks.) (1) one hour of debate equally divided and controlled by the chair and ranking minority tion while simultaneously addressing Mr. DREIER. Mr. Speaker, let me member of the Committee on House Admin- seemingly unprecedented challenges, begin by expressing my appreciation to istration; and (2) one motion to recommit this resolution sensibly provides tar- my very good friend from Fort Lauder- which may not contain instructions. geted increases to the Committees on dale, my Rules Committee colleague, Energy and Commerce, Financial Serv- Mr. HASTINGS, for yielding me the cus- b 1245 ices, Small Business, and Standards of tomary 30 minutes. The SPEAKER pro tempore. The gen- Official Conduct, among others. And let me say that the American tleman from Florida is recognized for 1 The 12 percent increase recommended people are hurting. We know that. And hour. for the Committee on Financial Serv- Mr. HASTINGS has alluded to some of Mr. HASTINGS of Florida. For the ices is vital, considering the commit- the challenges that we have. We’re purpose of debate only, I yield the cus- tee’s stewardship of our Nation’s finan- dealing with one of the most serious tomary 30 minutes to the distinguished cial recovery. It ensures that the com- economic challenges that we’ve faced gentleman, my friend from California mittee not only has the resources to in modern history.

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.023 H31MRPT1 jbell on PROD1PC69 with HOUSE H4142 CONGRESSIONAL RECORD — HOUSE March 31, 2009 And while the American people are ment of the Treasury. We know there But as the American people deal with facing their economic challenges, I have been programs that began last fall the economic downturn that we’re fac- think it’s very important for us as an with the Troubled Asset Relief Pro- ing today, I think it is imperative that institution, especially as the body of gram, the so-called TARP program, we, as an institution, do all that we the people, to realize that it’s incum- and since that period of time we’ve had can, Mr. Speaker, all that we can to en- bent upon us to set an example. the 1,100-page stimulus bill, which we sure that we utilize those taxpayer dol- We all know that the Federal Gov- know has been flawed. lars just as cost effectively as possible ernment is filled, riddled with tremen- And I think it was demonstrated and, at the same time, redouble our ef- dous waste, fraud and abuse. It’s a high when, the week before last, we had the forts when it comes to overseeing this level of frustration for Americans. And issue of trying to deal with the $167 massive expansion of the Federal Gov- regardless of political party, people million in bonuses that have been pro- ernment that has taken place. regularly talk about the challenge of vided in the stimulus package for the I reserve the balance of my time, Mr. dealing with waste, fraud and abuse. executives of AIG. And so we have un- Speaker. And I will say that one of our impor- intended consequences that stem from b 1300 tant responsibilities that too often is a dramatic expansion of the Federal forgotten is our responsibility for over- Government. And everyone acknowl- Mr. HASTINGS of Florida. Mr. sight. We have to oversee the multi- edges that that’s the case. And that’s Speaker, I inquire of my good friend farious programs that have been put why we, on our side, are regularly try- from California if he has any remaining forward and established by this Con- ing to, again, limit that reach because speakers? gress. no one knows exactly what the unin- Mr. DREIER. If the gentleman would Now, from my perspective, we have tended consequences will be. yield, I would say to my friend, if he way too many programs. The reach of Now, Mr. LUNGREN, the ranking would like me to talk for another 15 or the Federal Government is far beyond member, informed me yesterday that 20 minutes, I would be more than what it should be. And as we look at we are going to, in this resolution, happy to. the budget which we’re going to be de- have a scrutiny over the action of Mr. HASTINGS of Florida. I am the bating later this week, the notion of every committee when it comes to the last speaker for this side, so I will re- having this dramatic increase in spend- issue of oversight. And I do congratu- serve my time until the gentleman has late the members of the Administra- ing as a percentage of our gross domes- closed for his side and has yielded back tion Committee for ensuring that we tic product is something that I find to his time. do have more scrutiny put into place. Mr. DREIER. Mr. Speaker, with that, be extraordinarily troubling. And we I also want to mention an item that I will yield back the balance of my need to get our economy back on is included in this measure that is, I time. track. We need to make sure that we think, very, very important, and that Mr. HASTINGS of Florida. Mr. have in place an economic policy that is funding for a commission which I Speaker, I would like to address one of will do that. was privileged to found when we were the concerns that my good friend And so the American people are in the majority, and now serve as the raised with reference to Oversight and clearly looking to this institution, ranking member under our colleague, Government Reform. they’re looking to Washington, to DAVID PRICE, the gentleman from It remains the second best-funded make sure that we set policies that North Carolina, who has chaired this committee in the House with the sec- will allow them to, once again, keep commission. It’s known as the House ond largest staff, and Oversight and their homes, meet the obligation of Democracy Assistance Commission. Government Reform did not use paying tuition for their children who And our commission has basically $700,000 of their funding last year, are going to college, to pay their other taken the challenge of building demo- showing that they have a good cushion bills. That is something that, on a reg- cratic institutions in new and re- of additional funding to use this year. ular basis, we as Members of Congress emerging democracies around the Mr. Speaker, H. Res. 297 is a practical hear from the American people. So this world and worked to share our example resolution that reflects the new press- issue of committee funding is an im- of the United States Congress with ing priorities of the 111th Congress. portant one. these new and re-emerging democ- The funding levels authorized in this And I will say that there is some con- racies. I mean, we are in Afghanistan, resolution will provide our committees cern that has been voiced on this side Timor-Leste, Indonesia, Haiti, Colom- with the resources necessary to carry of the aisle. My California colleague, bia, Lebanon, Liberia, Kenya, Mac- out Congress’ increase in oversight re- the ranking member of the Oversight edonia, Georgia, and Ukraine. I mean, sponsibilities and to implement the Committee, is troubled over the fact we have worked closely with the par- sweeping legislative initiatives of the that there have been increases in a liaments to try and, again, share our President’s and Democrats’ in Con- number of other committees, and yet example of the work of the United gress, referencing yet one more item the Oversight and Government Reform States Congress. raised by my good friend as he ref- Committee has not had the kind of in- And I regularly argue, Mr. Speaker, erences the things that are being done. crease that he believes is important. that we clearly don’t have the answer, When people tell me that we are try- I also want to say that we should because we know that democracy is a ing to do too much, I always ask: What take our hats off to the chairman of work in progress. And I’ve often is it that they would leave out that we the Administration Committee, Mr. quipped that if some of these countries should not be doing? Would they leave BRADY of Philadelphia, as well as my see the United States Congress in oper- out education? Do they think that en- California colleague, Mr. LUNGREN, the ation they may want to go back to to- ergy independence is not particularly gentleman from Sacramento, who is talitarianism. But the fact is we do critical? Is there anyone in this body the ranking member. We have seen have a 220-year example to which we or anywhere in this country who does chairmen and ranking members of all can point as our work in progress. And not understand the critical need for of the committees go before their com- this commission is, I believe, making health insurance for all Americans? mittee, and they have been delibera- great strides in trying to help build the One thing is certain: When we are tive and very thoughtful in this pack- parliaments in these countries so that, talking about the economy, we are age that they have put together. But I as we pursue economic growth and the talking about health care, and if we do do believe that there are, again, con- rule of law in those countries, this not do things with reference to health cerns that have been voiced by a num- commission is going to remain on the care, then we are not going to be able ber of our colleagues. cutting edge of that very important to solve our economic crisis. I want to say that if we look at what work. Mr. DREIER. Would the gentleman has happened in the last couple of So I will say that, again, there are yield? months, one particular entity that I concerns that have been voiced about Mr. HASTINGS of Florida. Of course, think needs to have very, very, very the level of funding, and I think that I will yield. close scrutiny paid to it when it comes there are a number of issues that we Mr. DREIER. I thank my good friend to this issue of oversight is the Depart- still do want to ensure that we address. for yielding.

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.026 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4143 Mr. Speaker, I would simply say that and the recovery and long-term sta- DeGette Kissell Reyes Delahunt Klein (FL) Richardson I completely concur with my friend on bility of our Nation’s economy. DeLauro Kosmas Rodriguez those two issues that he has just men- Now, in spite of the criticism from Dicks Kratovil Ross tioned. Ensuring that we have access our friends on the other side, if they Dingell Kucinich Rothman (NJ) to quality health care in this country feel about this rule that it is unfair, Doggett Langevin Roybal-Allard Donnelly (IN) Larsen (WA) Ruppersberger is, I believe, a right that needs to be perhaps unprecedented, our only inten- Doyle Larson (CT) Rush pursued, number 1. tion today is to ensure that this resolu- Driehaus Lee (CA) Ryan (OH) Number 2, education is going to be tion is considered in a timely manner Edwards (MD) Levin Salazar critical. As we deal with our emergence so that our committees may be ade- Edwards (TX) Lipinski Sa´ nchez, Linda Ellison Loebsack T. from this economic downturn, the quately funded and so that we may Ellsworth Lofgren, Zoe Sanchez, Loretta United States of America must remain continue to do the work of the Amer- Engel Lowey Sarbanes on the cutting edge. The argument ican people. Eshoo Luja´ n Schakowsky Etheridge Lynch Schauer that one would get is regarding the Mr. Speaker, I urge a ‘‘yes’’ vote on Farr Maffei Schiff exact role the Federal Government the previous question and on the rule. Filner Maloney Schrader should play in every one of these I yield back the balance of my time, Foster Markey (CO) Schwartz things—in dramatically expanding the and I move the previous question on Frank (MA) Markey (MA) Scott (GA) Fudge Marshall Scott (VA) number of programs to deal with it or, the resolution. Giffords Massa Serrano in fact, in incentivizing those in the The previous question was ordered. Gonzalez Matheson Sestak private sector. Do we do everything we The resolution was agreed to. Gordon (TN) Matsui Shea-Porter Grayson McCarthy (NY) Sherman can to, again, encourage greater access A motion to reconsider was laid on Green, Al McCollum Shuler to health care and to quality edu- the table. Green, Gene McDermott Sires cation? Griffith McGovern Skelton I thank my friend for yielding. f Grijalva McIntyre Slaughter Gutierrez McMahon Smith (WA) Mr. HASTINGS of Florida. Reclaim- ANNOUNCEMENT BY THE SPEAKER Hall (NY) McNerney Snyder ing my time, I am putting a question PRO TEMPORE Halvorson Meek (FL) Space to my colleague, and I will then ref- Hare Meeks (NY) Speier erence time for him. The SPEAKER pro tempore. Pursu- Harman Melancon Spratt ant to clause 8 of rule XX, proceedings Hastings (FL) Michaud Stark When you said we should incentivize Heinrich Miller (NC) Stupak the private sector, who is the ‘‘we’’ will resume on questions previously Herseth Sandlin Miller, George Sutton that you are talking about? postponed. Higgins Mitchell Tanner Mr. DREIER. Will my friend yield? Votes will be taken in the following Hill Mollohan Tauscher order: Himes Moore (WI) Taylor Mr. HASTINGS of Florida. Yes. Hinchey Moran (VA) Teague Mr. DREIER. I thank my friend for Adoption of H. Res. 296, by the yeas Hinojosa Murphy (CT) Thompson (CA) yielding. and nays; Hirono Murphy, Patrick Thompson (MS) Motion to suspend the rules and pass Hodes Murtha Tierney Mr. Speaker, let me just say, by Holden Nadler (NY) Titus incentivizing, I believe that we as an the bill, H.R. 1259, by the yeas and Holt Napolitano Tonko institution, through tax policy, can do nays; Honda Neal (MA) Towns everything that we possibly can. Motion to suspend the rules and Hoyer Nye Tsongas agree to the resolution, H. Res. 282, de Inslee Oberstar Van Hollen For example, in the area of health Israel Obey Vela´ zquez care, just to touch on that, I believe novo. Jackson (IL) Ortiz Visclosky that a dramatic expansion of medical The first electronic vote will be con- Jackson-Lee Pallone Walz ducted as a 15-minute vote. Remaining (TX) Pastor (AZ) Wasserman savings accounts—of which we have Johnson (GA) Payne Schultz been on the cutting edge—of encour- electronic votes will be conducted as 5- Johnson, E. B. Perlmutter Waters aging people to put dollars aside and to minute votes. Kagen Perriello Waxman save and plan for their health care Kanjorski Peters Weiner f Kaptur Peterson Welch needs is a better way to go rather than Kennedy Pingree (ME) Wexler dramatically expanding a government PROVIDING FOR CONSIDERATION Kildee Polis (CO) Wilson (OH) program to deal with it. That is the re- OF SENATE AMENDMENTS TO Kilpatrick (MI) Price (NC) Woolsey H.R. 1388, EDWARD M. KENNEDY Kind Rahall Wu sponse, I would say, as far as Kirkpatrick (AZ) Rangel Yarmuth incentivizing. SERVE AMERICA ACT I thank my friend for yielding. The SPEAKER pro tempore. The un- NAYS—173 Mr. HASTINGS of Florida. Reclaim- finished business is the vote on adop- Aderholt Capito Graves ing my time, it is still the government tion of House Resolution 296, on which Akin Carter Guthrie Alexander Cassidy as an institution that you refer to that the yeas and nays were ordered. Hall (TX) is going to do these things. It is just Austria Castle Harper The Clerk read the title of the resolu- Bachmann Chaffetz that somehow or another, I guess, ideo- Hastings (WA) tion. Bachus Coble Heller logically, my good friend and I are op- The SPEAKER pro tempore. The Barrett (SC) Coffman (CO) Herger posites when it comes, not only to Bartlett Cole Hoekstra question is on the resolution. Barton (TX) Conaway Hunter health care, but to a variety of issues The vote was taken by electronic de- Biggert Crenshaw of major consequence. Inglis vice, and there were—yeas 240, nays Bilbray Culberson Issa If this Nation does not face up to its Bilirakis Davis (KY) Jenkins 173, not voting 18, as follows: Bishop (UT) Deal (GA) responsibilities having to do with So- Johnson (IL) Blackburn Dent [Roll No. 166] Johnson, Sam cial Security, if we do not significantly Blunt Diaz-Balart, L. YEAS—240 Jones address the issues of Medicare and Boehner Diaz-Balart, M. Jordan (OH) Abercrombie Boccieri Clay Bonner Dreier Medicaid, then somehow or another, I King (IA) Ackerman Boren Cleaver Bono Mack Duncan think we are leaving the least of us out Adler (NJ) Boswell Clyburn Boozman Ehlers King (NY) of this process. It is one thing to be- Altmire Boyd Cohen Boustany Emerson Kingston lieve that if we incentivize the Tax Andrews Brady (PA) Connolly (VA) Brady (TX) Fallin Kirk Kline (MN) Code that it is going to solve the prob- Arcuri Braley (IA) Cooper Broun (GA) Flake Baca Bright Costa Brown (SC) Fleming Lamborn lem, but that is not going to reach Baird Butterfield Costello Brown-Waite, Forbes Lance those persons at the very bottom. Baldwin Capps Courtney Ginny Fortenberry Latham For example, I hope that this budget Barrow Capuano Crowley Buchanan Foxx LaTourette Bean Cardoza Cuellar Burgess Franks (AZ) Latta addresses community health facilities. Becerra Carnahan Cummings Burton (IN) Frelinghuysen Lee (NY) I believe this resolution represents the Berkley Carney Dahlkemper Buyer Gallegly Lewis (CA) vital first step toward adequately ad- Berman Carson (IN) Davis (AL) Calvert Garrett (NJ) Linder dressing health care reform, energy Berry Castor (FL) Davis (CA) Camp Gerlach LoBiondo Bishop (GA) Chandler Davis (IL) Campbell Gingrey (GA) Lucas policy and climate change, financial Bishop (NY) Childers Davis (TN) Cantor Gohmert Luetkemeyer regulation and oversight, job growth Blumenauer Clarke DeFazio Cao Granger Lummis

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.027 H31MRPT1 jbell on PROD1PC69 with HOUSE H4144 CONGRESSIONAL RECORD — HOUSE March 31, 2009 Lungren, Daniel Pence Sessions Brown-Waite, Grayson McCarthy (CA) Scott (VA) Spratt Upton E. Petri Shadegg Ginny Green, Al McCarthy (NY) Sensenbrenner Stark Van Hollen Mack Pitts Shimkus Buchanan Griffith McCaul Serrano Stearns Vela´ zquez Manzullo Platts Shuster Burgess Grijalva McCollum Sessions Stupak Visclosky Marchant Poe (TX) Simpson Burton (IN) Guthrie McCotter Sestak Sullivan Walden McCarthy (CA) Posey Smith (NE) Butterfield Gutierrez McDermott Shadegg Sutton Walz McCaul Price (GA) Smith (NJ) Buyer Hall (NY) McGovern Shea-Porter Tanner Wamp McClintock Putnam Souder Calvert Hall (TX) McHenry Sherman Tauscher Wasserman McCotter Radanovich Stearns Camp Halvorson McHugh Shimkus Taylor Schultz McHenry Rehberg Sullivan Cantor Hare McIntyre Shuler Teague Waters McHugh Reichert Terry Cao Harman McKeon Shuster Terry Waxman McKeon Roe (TN) Thompson (PA) Capito Harper McMahon Simpson Thompson (CA) Weiner McMorris Rogers (AL) Thornberry Capps Hastings (FL) McMorris Sires Thompson (MS) Wexler Rodgers Rogers (KY) Tiahrt Capuano Hastings (WA) Rodgers Skelton Thompson (PA) Whitfield Mica Rogers (MI) Tiberi Cardoza Heinrich McNerney Slaughter Thornberry Wilson (OH) Miller (FL) Rohrabacher Turner Carnahan Heller Meek (FL) Smith (NE) Tiahrt Wilson (SC) Miller (MI) Rooney Upton Carney Herger Meeks (NY) Smith (NJ) Tiberi Wittman Moran (KS) Ros-Lehtinen Walden Carson (IN) Herseth Sandlin Melancon Smith (TX) Tierney Wolf Murphy, Tim Roskam Wamp Carter Higgins Mica Smith (WA) Titus Woolsey Myrick Royce Whitfield Cassidy Hill Michaud Snyder Tonko Wu Neugebauer Ryan (WI) Wilson (SC) Castle Himes Miller (FL) Souder Towns Yarmuth Nunes Scalise Wittman Castor (FL) Hinchey Miller (MI) Space Tsongas Young (AK) Olson Schmidt Wolf Chaffetz Hinojosa Miller (NC) Speier Turner Young (FL) Paul Schock Young (AK) Chandler Hirono Miller, George NAYS—8 Paulsen Sensenbrenner Young (FL) Childers Hodes Minnick Broun (GA) McClintock Rohrabacher NOT VOTING—18 Clarke Hoekstra Mitchell Clay Holden Mollohan Campbell Paul Royce Boucher Kilroy Pascrell Cleaver Holt Moore (KS) Flake Poe (TX) Brown, Corrine Lewis (GA) Pomeroy Clyburn Honda Moore (WI) NOT VOTING—16 Conyers Miller, Gary Smith (TX) Coble Hoyer Moran (KS) Fattah Minnick Watson Coffman (CO) Hunter Moran (VA) Brady (TX) Lewis (GA) Watson Goodlatte Moore (KS) Watt Cohen Inglis Murphy (CT) Brown, Corrine Miller, Gary Watt Hensarling Olver Westmoreland Cole Inslee Murphy, Patrick Franks (AZ) Olson Welch Green, Gene Pascrell ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Conaway Israel Murphy, Tim Westmoreland Connolly (VA) Issa Murtha Hensarling Pomeroy The SPEAKER pro tempore (during Conyers Jackson (IL) Myrick Johnson (GA) Rangel Cooper Jackson-Lee Nadler (NY) the vote). There are 2 minutes remain- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ing in this vote. Costa (TX) Napolitano Costello Jenkins Neal (MA) The SPEAKER pro tempore (during b 1334 Courtney Johnson (IL) Neugebauer the vote). There are 2 minutes remain- Crenshaw Johnson, E. B. Nunes ing in this vote. Mr. DINGELL changed his vote from Crowley Johnson, Sam Nye ‘‘nay’’ to ‘‘yea.’’ Cuellar Jones Oberstar b 1342 Culberson Jordan (OH) Obey So the resolution was agreed to. Cummings Kagen Olver So (two-thirds being in the affirma- The result of the vote was announced Dahlkemper Kanjorski Ortiz tive) the rules were suspended and the as above recorded. Davis (AL) Kaptur Pallone bill was passed. A motion to reconsider was laid on Davis (CA) Kennedy Pastor (AZ) Davis (IL) Kildee Paulsen The result of the vote was announced the table. Davis (KY) Kilpatrick (MI) Payne as above recorded. Stated against: Davis (TN) Kilroy Pence A motion to reconsider was laid on Mr. GOODLATTE. Mr. Speaker, on rollcall Deal (GA) Kind Perlmutter the table. DeFazio King (IA) Perriello 166, I was unavoidably detained. Had I been DeGette King (NY) Peters Stated for: present I would have voted ‘‘no.’’ Delahunt Kingston Peterson Mr. GENE GREEN of Texas. Mr. Speaker, DeLauro Kirk Petri on rollcall No. 167, had I been present, I f Dent Kirkpatrick (AZ) Pingree (ME) Diaz-Balart, L. Kissell Pitts would have voted ‘‘yea.’’ DEXTROMETHORPHAN Diaz-Balart, M. Klein (FL) Platts Mr. OLSON. Mr. Speaker, I was unavoid- DISTRIBUTION ACT OF 2009 Dicks Kline (MN) Polis (CO) ably detained. If I had been present I would Dingell Kosmas Posey The SPEAKER pro tempore. The un- Doggett Kratovil Price (GA) have voted ‘‘yea.’’ finished business is the vote on the mo- Donnelly (IN) Kucinich Price (NC) f Doyle Lamborn Putnam tion to suspend the rules and pass the RECOGNIZING 30TH ANNIVERSARY bill, H.R. 1259, on which the yeas and Dreier Lance Radanovich Driehaus Langevin Rahall OF EGYPT-ISRAEL PEACE TREATY nays were ordered. Duncan Larsen (WA) Rehberg The Clerk read the title of the bill. Edwards (MD) Larson (CT) Reichert The SPEAKER pro tempore. The un- The SPEAKER pro tempore. The Edwards (TX) Latham Reyes finished business is the question on Ehlers LaTourette Richardson suspending the rules and agreeing to question is on the motion offered by Ellison Latta Rodriguez the gentleman from New Jersey (Mr. Ellsworth Lee (CA) Roe (TN) the resolution, H. Res. 282, as amended. PALLONE) that the House suspend the Emerson Lee (NY) Rogers (AL) The Clerk read the title of the resolu- Engel Levin Rogers (KY) tion. rules and pass the bill, H.R. 1259. Eshoo Lewis (CA) Rogers (MI) This will be a 5-minute vote. Etheridge Linder Rooney The SPEAKER pro tempore. The The vote was taken by electronic de- Fallin Lipinski Ros-Lehtinen question is on the motion offered by vice, and there were—yeas 407, nays 8, Farr LoBiondo Roskam the gentleman from Virginia (Mr. Fattah Loebsack Ross CONNOLLY) that the House suspend the not voting 16, as follows: Filner Lofgren, Zoe Rothman (NJ) [Roll No. 167] Fleming Lowey Roybal-Allard rules and agree to the resolution, H. Forbes Lucas Ruppersberger Res. 282, as amended. YEAS—407 Fortenberry Luetkemeyer Rush The question was taken. ´ Abercrombie Barrow Blunt Foster Lujan Ryan (OH) The SPEAKER pro tempore. In the Ackerman Bartlett Boccieri Foxx Lummis Ryan (WI) Aderholt Barton (TX) Boehner Frank (MA) Lungren, Daniel Salazar opinion of the Chair, two-thirds being Adler (NJ) Bean Bonner Frelinghuysen E. Sa´ nchez, Linda in the affirmative, the ayes have it. Akin Becerra Fudge Lynch T. Bono Mack RECORDED VOTE Alexander Berkley Boozman Gallegly Mack Sanchez, Loretta Altmire Berman Boren Garrett (NJ) Maffei Sarbanes Mr. HASTINGS of Florida. Mr. Andrews Berry Boswell Gerlach Maloney Scalise Speaker, I demand a recorded vote. Arcuri Biggert Giffords Manzullo Schakowsky Boucher Austria Bilbray Gingrey (GA) Marchant Schauer A recorded vote was ordered. Boustany Baca Bilirakis Gohmert Markey (CO) Schiff The SPEAKER pro tempore. This Boyd Bachmann Bishop (GA) Gonzalez Markey (MA) Schmidt will be a 5-minute vote. Brady (PA) Bachus Bishop (NY) Goodlatte Marshall Schock The vote was taken by electronic de- Baird Bishop (UT) Braley (IA) Gordon (TN) Massa Schrader Baldwin Blackburn Bright Granger Matheson Schwartz vice, and there were—ayes 418, noes 1, Barrett (SC) Blumenauer Brown (SC) Graves Matsui Scott (GA) not voting 12, as follows:

VerDate Nov 24 2008 02:05 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.002 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4145 [Roll No. 168] Napolitano Rothman (NJ) Stearns SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Neal (MA) Roybal-Allard Stupak (a) SHORT TITLE.—This Act may be cited as AYES—418 Neugebauer Royce Sullivan the ‘‘Serve America Act’’. Nunes Ruppersberger Abercrombie Davis (AL) Johnson, E. B. Sutton (b) TABLE OF CONTENTS.—The table of con- Nye Rush Ackerman Davis (CA) Johnson, Sam Tanner Oberstar Ryan (OH) tents of this Act is as follows: Aderholt Davis (IL) Jones Tauscher Obey Ryan (WI) Sec. 1. Short title; table of contents. Adler (NJ) Davis (KY) Jordan (OH) Taylor Olson Salazar Akin Deal (GA) Kagen Teague TITLE I—AMENDMENTS TO NATIONAL AND Olver Sa´ nchez, Linda Terry Alexander DeFazio Kanjorski Ortiz T. COMMUNITY SERVICE ACT OF 1990 Thompson (CA) Altmire DeGette Kaptur Pallone Sanchez, Loretta Sec. 1001. References. Andrews Delahunt Kennedy Thompson (MS) Pastor (AZ) Sarbanes Subtitle A—Amendments to Subtitle A (General Arcuri DeLauro Kildee Paulsen Scalise Thompson (PA) Austria Dent Kilpatrick (MI) Payne Schakowsky Thornberry Provisions) Baca Diaz-Balart, L. Kilroy Pence Schauer Tiahrt Sec. 1101. Purposes. Bachmann Diaz-Balart, M. Kind Perlmutter Schiff Tiberi Sec. 1102. Definitions. Bachus Dicks King (IA) Perriello Schmidt Tierney Baird Dingell King (NY) Peters Schock Titus Subtitle B—Amendments to Subtitle B (Learn Baldwin Doggett Kingston Peterson Schrader Tonko and Serve America) Barrett (SC) Donnelly (IN) Kirk Petri Schwartz Towns Sec. 1201. School-based allotments. Barrow Doyle Kirkpatrick (AZ) Pingree (ME) Scott (GA) Tsongas Bartlett Dreier Kissell Sec. 1202. Higher education provisions. Pitts Scott (VA) Turner Sec. 1203. Campuses of Service. Barton (TX) Driehaus Klein (FL) Platts Sensenbrenner Upton Bean Duncan Kline (MN) Sec. 1204. Innovative programs and research. Poe (TX) Serrano Van Hollen Becerra Edwards (MD) Kosmas Sec. 1205. Service-learning impact study. Polis (CO) Sessions Vela´ zquez Berkley Edwards (TX) Kratovil Posey Sestak Visclosky Subtitle C—Amendments to Subtitle C (National Berman Ehlers Kucinich Price (GA) Shadegg Walden Service Trust Program) Berry Ellison Lamborn Price (NC) Shea-Porter Biggert Ellsworth Lance Walz Sec. 1301. Prohibition on grants to Federal Putnam Sherman Wamp Bilbray Emerson Langevin Radanovich Shimkus agencies; limits on Corporation Bilirakis Engel Larsen (WA) Wasserman costs. Rahall Shuler Schultz Bishop (GA) Eshoo Larson (CT) Rangel Shuster Waters Sec. 1302. Eligible national service programs. Bishop (NY) Etheridge Latham Rehberg Simpson Waxman Sec. 1303. Types of positions. Bishop (UT) Fallin LaTourette Reichert Sires Blackburn Farr Latta Weiner Sec. 1304. Conforming repeal relating to train- Reyes Skelton ing and technical assistance. Blumenauer Fattah Lee (CA) Richardson Slaughter Wexler Blunt Filner Lee (NY) Rodriguez Smith (NE) Whitfield Sec. 1305. Assistance to State Commissions; Boccieri Flake Levin Roe (TN) Smith (NJ) Wilson (OH) challenge grants. Boehner Fleming Lewis (CA) Rogers (AL) Smith (TX) Wilson (SC) Sec. 1306. Allocation of assistance to States and Bonner Forbes Linder Rogers (KY) Smith (WA) Wittman other eligible entities. Bono Mack Fortenberry Lipinski Rogers (MI) Snyder Wolf Sec. 1307. Additional authority. Boozman Foster LoBiondo Rohrabacher Souder Woolsey Sec. 1308. State selection of programs. Boren Foxx Loebsack Rooney Space Wu Sec. 1309. National service program assistance Boswell Frank (MA) Lofgren, Zoe Yarmuth Ros-Lehtinen Speier requirements. Boucher Franks (AZ) Lowey Roskam Spratt Young (AK) Boustany Frelinghuysen Lucas Ross Stark Young (FL) Sec. 1310. Prohibited activities and ineligible or- Boyd Fudge Luetkemeyer ganizations. Brady (PA) Gallegly Luja´ n NOES—1 Sec. 1311. Consideration of applications. Brady (TX) Garrett (NJ) Lummis Paul Sec. 1312. Description of participants. Braley (IA) Gerlach Lungren, Daniel Sec. 1313. Selection of national service partici- Bright Giffords E. NOT VOTING—12 Broun (GA) Gingrey (GA) Lynch pants. Brown, Corrine Miller, Gary Watson Brown (SC) Gohmert Mack Sec. 1314. Terms of service. Davis (TN) Murphy (CT) Watt Brown-Waite, Gonzalez Maffei Sec. 1315. Adjustments to living allowance. Hensarling Pascrell Welch Ginny Goodlatte Maloney Lewis (GA) Pomeroy Westmoreland Subtitle D—Amendments to Subtitle D (National Buchanan Gordon (TN) Manzullo Service Trust and Provision of National Serv- Burgess Granger Marchant ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Burton (IN) Graves Markey (CO) ice Educational Awards) Butterfield Grayson Markey (MA) The SPEAKER pro tempore (during Sec. 1401. Availability of funds in the National Buyer Green, Al Marshall the vote). There are 2 minutes remain- Service Trust. Calvert Green, Gene Massa ing in this vote. Sec. 1402. Individuals eligible to receive an edu- Camp Griffith Matheson b 1351 cational award from the Trust. Campbell Grijalva Matsui Sec. 1403. Certifications. Cantor Guthrie McCarthy (CA) Cao Gutierrez McCarthy (NY) So (two-thirds being in the affirma- Sec. 1404. Determination of the amount of the Capito Hall (NY) McCaul tive) the rules were suspended and the educational award. Capps Hall (TX) McClintock resolution, as amended, was agreed to. Sec. 1405. Disbursement of educational awards. Capuano Halvorson McCollum The result of the vote was announced Sec. 1406. Approval process for approved posi- Cardoza Hare McCotter tions. Carnahan Harman McDermott as above recorded. Carney Harper McGovern A motion to reconsider was laid on Subtitle E—Amendments to Subtitle E (National Carson (IN) Hastings (FL) McHenry the table. Civilian Community Corps) Carter Hastings (WA) McHugh Sec. 1501. Purpose. f Cassidy Heinrich McIntyre Sec. 1502. Program components. Castle Heller McKeon EDWARD M. KENNEDY SERVE Sec. 1503. Eligible participants. Castor (FL) Herger McMahon Chaffetz Herseth Sandlin McMorris AMERICA ACT Sec. 1504. Summer national service program. Sec. 1505. National Civilian Community Corps. Chandler Higgins Rodgers Mr. GEORGE MILLER of California. Childers Hill McNerney Sec. 1506. Training. Clarke Himes Meek (FL) Mr. Speaker, pursuant to House Reso- Sec. 1507. Consultation with State Commissions. Clay Hinchey Meeks (NY) lution 296, I move to take from the Sec. 1508. Authorized benefits for Corps mem- Cleaver Hinojosa Melancon Speaker’s table the bill (H.R. 1388) to bers. Clyburn Hirono Mica Sec. 1509. Permanent cadre. Coble Hodes Michaud reauthorize the reform of the national Coffman (CO) Hoekstra Miller (FL) service laws, with the Senate amend- Sec. 1510. Status of Corps members and Corps Cohen Holden Miller (MI) ments thereto, and I have a motion at personnel under Federal law. Cole Holt Miller (NC) the desk. Sec. 1511. Contract and grant authority. Conaway Honda Miller, George Sec. 1512. Other departments. Connolly (VA) Hoyer Minnick The SPEAKER pro tempore. The Sec. 1513. Advisory Board. Conyers Hunter Mitchell Clerk will report the title of the bill, Sec. 1514. Evaluations. Cooper Inglis Mollohan designate the Senate amendments and Sec. 1515. Repeal of funding limitation. Costa Inslee Moore (KS) Costello Israel Moore (WI) designate the motion. Sec. 1516. Definitions. Courtney Issa Moran (KS) The Clerk read the title of the bill. Sec. 1517. Terminology. Crenshaw Jackson (IL) Moran (VA) The text of the Senate amendments Subtitle F—Amendments to Subtitle F Crowley Jackson-Lee Murphy, Patrick is as follows: (Administrative Provisions) Cuellar (TX) Murphy, Tim Culberson Jenkins Murtha Senate amendments: Sec. 1601. Family and medical leave. Cummings Johnson (GA) Myrick Strike all after the enacting clause and in- Sec. 1602. Reports. Dahlkemper Johnson (IL) Nadler (NY) sert the following: Sec. 1603. Use of funds.

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 6343 E:\CR\FM\A31MR7.007 H31MRPT1 jbell on PROD1PC69 with HOUSE H4146 CONGRESSIONAL RECORD — HOUSE March 31, 2009 Sec. 1604. Notice, hearing, and grievance proce- Sec. 2142. Statement of purpose. experience, knowledge, and skills of older indi- dures. Sec. 2143. Retired and Senior Volunteer Pro- viduals; Sec. 1605. Resolution of displacement com- gram. ‘‘(12) encourage the continued service of the plaints. Sec. 2144. Foster grandparent program. alumni of the national service programs, includ- Sec. 1606. State Commissions on National and Sec. 2145. Senior companion program. ing service in times of national need; Community Service. Sec. 2146. General provisions. ‘‘(13) encourage individuals age 55 or older to partake of service opportunities; Sec. 1607. Evaluation and accountability. Subtitle C—Administration and Coordination Sec. 1608. Civic Health Assessment. ‘‘(14) focus national service on the areas of Sec. 1609. Contingent extension. Sec. 2151. Special limitations. national need such service has the capacity to Sec. 1610. Partnerships with schools. Sec. 2152. Application of Federal law. address, such as improving education, increas- Sec. 1611. Rights of access, examination, and Sec. 2153. Evaluation. ing energy conservation, improving the health copying. Sec. 2154. Definitions. status of economically disadvantaged individ- Sec. 1612. Additional administrative provisions. Sec. 2155. Protection against improper use. uals, and improving economic opportunity for Sec. 1613. Availability of assistance. Sec. 2156. Provisions under the National and economically disadvantaged individuals; Sec. 1614. Criminal history checks for individ- Community Service Act of 1990. ‘‘(15) recognize and increase the impact of so- uals working with vulnerable Subtitle D—Authorization of Appropriations cial entrepreneurs and other nonprofit community organizations in addressing national and populations. Sec. 2161. Authorizations of appropriations. Subtitle G—Amendments to Subtitle G (Corpora- local challenges; TITLE III—TECHNICAL AMENDMENTS TO ‘‘(16) increase public and private investment tion for National and Community Service) TABLES OF CONTENTS in nonprofit community organizations that are Sec. 1701. Terms of office. Sec. 3101. Table of contents of the National and effectively addressing national and local chal- Sec. 1702. Board of Directors authorities and Community Service Act of 1990. lenges and encourage such organizations to rep- duties. Sec. 3102. Table of contents of the Domestic licate and expand successful initiatives; Sec. 1703. Chief Executive Officer compensa- Volunteer Service Act of 1973. ‘‘(17) leverage Federal investments to increase tion. State, local, business, and philanthropic re- TITLE IV—AMENDMENTS TO OTHER LAWS Sec. 1704. Authorities and duties of the Chief sources to address national and local chal- Executive Officer. Sec. 4101. Inspector General Act of 1978. lenges; Sec. 1705. Chief Financial Officer status. TITLE V—VOLUNTEERS FOR PROSPERITY ‘‘(18) support institutions of higher education Sec. 1706. Nonvoting members; personal services PROGRAM that engage students in community service ac- contracts. tivities and provide high-quality service-learn- Sec. 1707. Donated services. Sec. 5101. Findings. Sec. 5102. Definitions. ing opportunities; and Sec. 1708. Assignment to State Commissions. ‘‘(19) recognize the expertise veterans can Sec. 5103. Office of Volunteers for Prosperity. Sec. 1709. Study of involvement of veterans. offer to national service programs, expand the Sec. 5104. Authorization of appropriations. Sec. 1710. Study to examine and increase service participation of the veterans in the national programs for displaced workers in TITLE VI—EFFECTIVE DATE service programs, and assist the families of vet- services corps and community Sec. 6101. Effective date. erans and members of the Armed Forces on ac- service and to develop pilot pro- Sec. 6102. Sense of the Senate. tive duty.’’. gram planning study. SEC. 1102. DEFINITIONS. Sec. 1711. Study to evaluate the effectiveness of TITLE I—AMENDMENTS TO NATIONAL AND COMMUNITY SERVICE ACT OF 1990 (a) IN GENERAL.—Section 101 (42 U.S.C. 12511) agency coordination. is amended— Sec. 1712. Study of program effectiveness. SEC. 1001. REFERENCES. (1) in paragraph (3), by striking ‘‘described in Sec. 1713. Volunteer Management Corps study. Except as otherwise specifically provided, section 122’’; Subtitle H—Amendments to Subtitle H whenever in this title an amendment or repeal is (2) in paragraph (13), by striking ‘‘section (Investment for Quality and Innovation) expressed in terms of an amendment to, or re- 101(a) of the Higher Education Act of 1965’’ and Sec. 1801. Technical amendment to subtitle H. peal of, a provision, the amendment or repeal inserting ‘‘sections 101(a) and 102(a)(1) of the Sec. 1802. Additional Corporation activities to shall be considered to be made to a provision of Higher Education Act of 1965’’; support national service. the National and Community Service Act of 1990 (3) in paragraph (17)(B), by striking ‘‘program Sec. 1803. Repeals. (42 U.S.C. 12501 et seq.). in which the participant is enrolled’’ and insert- Sec. 1804. Presidential awards. Subtitle A—Amendments to Subtitle A ing ‘‘organization receiving assistance under the Sec. 1805. New fellowships. (General Provisions) national service laws through which the participant is engaging in service’’; Sec. 1806. National Service Reserve Corps. SEC. 1101. PURPOSES. Sec. 1807. Social Innovation Funds pilot pro- (4) in paragraph (19)— Section 2(b) (42 U.S.C. 12501(b)) is amended— gram. (A) by striking ‘‘section 111(a)’’ and inserting (1) in paragraph (2), by striking ‘‘community Sec. 1808. Clearinghouses. ‘‘section 112(a)’’; throughout’’ and inserting ‘‘community and Sec. 1809. Nonprofit Capacity Building Pro- (B) by striking ‘‘117A(a),’’; service throughout the varied and diverse com- gram. (C) by striking ‘‘119(b)(1), or 122(a),’’ and in- munities of’’; serting ‘‘118A, or 118(b)(1), or subsection (a), (b), Subtitle I—Training and Technical Assistance (2) in paragraph (4), by inserting after ‘‘in- or (c) of section 122,’’; Sec. 1821. Training and technical assistance. come,’’ the following: ‘‘geographic location,’’; (D) by inserting ‘‘section 198B, 198C, 198G, Subtitle J—Repeal of Title III (Points of Light (3) in paragraph (6), by inserting after ‘‘exist- 198H, or 198K,’’ after ‘‘section 152(b),’’; and Foundation) ing’’ the following: ‘‘national’’; (E) by striking ‘‘198, 198C, or 198D’’ and in- Sec. 1831. Repeal. (4) in paragraph (7)— serting ‘‘179A, 198, 198O, 198P, or 199N’’; (A) by striking ‘‘programs and agencies’’ and (5) in paragraph (21)(B)— Subtitle K—Amendments to Title V inserting ‘‘programs, agencies, and commu- (A) by striking ‘‘602’’ and inserting ‘‘602(3)’’; (Authorization of Appropriations) nities’’; and and Sec. 1841. Authorization of appropriations. (B) by striking ‘‘and’’ at the end; (B) by striking ‘‘1401’’ and inserting TITLE II—DOMESTIC VOLUNTEER SERVICE (5) in paragraph (8), by striking the period ‘‘1401(3)’’; (6) in paragraph (24), by striking ‘‘section ACT OF 1973 and inserting a semicolon; and 111’’ and inserting ‘‘section 112’’; Sec. 2001. References. (6) by adding at the end the following: (7) in paragraph (26), by striking the second Sec. 2002. Volunteerism policy. ‘‘(9) expand and strengthen service-learning sentence; and Subtitle A—National Volunteer Antipoverty programs through year-round opportunities, in- (8) by adding at the end the following: Programs cluding opportunities during the summer ‘‘(30) ALASKA NATIVE-SERVING INSTITUTION.— months, to improve the education of children CHAPTER 1—VOLUNTEERS IN SERVICE TO The term ‘Alaska Native-serving institution’ has and youth and to maximize the benefits of na- AMERICA the meaning given the term in section 317(b) of tional and community service, in order to renew the Higher Education Act of 1965 (20 U.S.C. Sec. 2101. Statement of purpose. the ethic of civic responsibility and the spirit of 1059d(b)). Sec. 2102. Selection and assignment of volun- community for children and youth throughout ‘‘(31) APPROVED SILVER SCHOLAR POSITION.— teers. the United States; The term ‘approved silver scholar position’ Sec. 2103. Support service. ‘‘(10) assist in coordinating and strengthening means a position, in a program described in sec- Sec. 2104. Repeal. Federal and other service opportunities, includ- tion 198C(a), for which the Corporation has ap- Sec. 2105. Redesignation. ing opportunities for participation in emergency proved the provision of a silver scholarship edu- CHAPTER 2—UNIVERSITY YEAR FOR VISTA and disaster preparedness, relief, and recovery; cational award as one of the benefits to be pro- Sec. 2121. University year for VISTA. ‘‘(11) increase service opportunities for the vided for successful service in the position. CHAPTER 3—SPECIAL VOLUNTEER PROGRAMS Nation’s retiring professionals, including such ‘‘(32) APPROVED SUMMER OF SERVICE POSI- opportunities for those retiring from the science, TION.—The term ‘approved summer of service Sec. 2131. Statement of purpose. technical, engineering, and mathematics profes- position’ means a position, in a program de- Sec. 2132. Literacy challenge grants. sions, to improve the education of the Nation’s scribed in section 119(c)(8), for which the Cor- Subtitle B—National Senior Service Corps youth and keep America competitive in the glob- poration has approved the provision of a sum- Sec. 2141. Title. al knowledge economy, and to further utilize the mer of service educational award as one of the

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.011 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4147 benefits to be provided for successful service in ‘‘(iii) reliance on measurements or observa- ignated a statewide entity under section 112(e), the position. tional methods that provide reliable and gener- that designated statewide entity. ‘‘(33) ASIAN AMERICAN AND NATIVE AMERICAN alizable findings; ‘‘SEC. 112. ASSISTANCE TO STATES, TERRITORIES, PACIFIC ISLANDER-SERVING INSTITUTION.—The ‘‘(iv) strong claims of causal relationships, AND INDIAN TRIBES. term ‘Asian American and Native American Pa- only with research designs that eliminate plau- ‘‘(a) ALLOTMENTS TO STATES, TERRITORIES, cific Islander-serving institution’ has the mean- sible competing explanations for observed re- AND INDIAN TRIBES.—The Corporation, in con- ing given the term in section 320(b) of the High- sults, such as, but not limited to, random-as- sultation with the Secretary of Education, may er Education Act of 1965 (20 U.S.C. 1059g(b)). signment experiments; make allotments to State educational agencies, ‘‘(34) AUTHORIZING COMMITTEES.—The term ‘‘(v) presentation of studies and methods in territories, and Indian tribes to pay for the Fed- ‘authorizing committees’ means the Committee sufficient detail and clarity to allow for replica- eral share of— on Education and Labor of the House of Rep- tion or, at a minimum, to offer the opportunity ‘‘(1) planning and building the capacity with- resentatives and the Committee on Health, Edu- to build systematically on the findings of the rein the State, territory, or Indian tribe involved cation, Labor, and Pensions of the Senate. search; to implement service-learning programs that are ‘‘(35) COMMUNITY-BASED ENTITY.—The term ‘‘(vi) acceptance by a peer-reviewed journal or based principally in elementary schools and sec- ‘community-based entity’ means a public or pri- critique by a panel of independent experts ondary schools, including— vate nonprofit organization that— through a comparably rigorous, objective, and ‘‘(A) providing training and professional de- ‘‘(A) has experience with meeting unmet scientific review; and velopment for teachers, supervisors, personnel human, educational, environmental, or public ‘‘(vii) consistency of findings across multiple from community-based entities (particularly safety needs; and studies or sites to support the generality of re- with regard to the recruitment, utilization, and ‘‘(B) meets other such criteria as the Chief Ex- sults and conclusions. management of participants), and trainers, to be ecutive Officer may establish. ‘‘(45) QUALIFIED ORGANIZATION.—The term conducted by qualified individuals or organiza- ‘‘(36) DISADVANTAGED YOUTH.—The term ‘dis- ‘qualified organization’ means a public or pri- tions that have experience with service-learning; advantaged youth’ includes those youth who vate nonprofit organization with experience ‘‘(B) developing service-learning curricula, are economically disadvantaged and 1 or more working with school-age youth that meets such consistent with State or local academic content of the following: criteria as the Chief Executive Officer may es- standards, to be integrated into academic pro- ‘‘(A) Who are out-of-school youth, including tablish. grams, including curricula for an age-appro- out-of-school youth who are unemployed. ‘‘(46) SCIENTIFICALLY VALID RESEARCH.—The priate learning component that provides partici- ‘‘(B) Who are in or aging out of foster care. term ‘scientifically valid research’ includes ap- pants an opportunity to analyze and apply ‘‘(C) Who have limited English proficiency. plied research, basic research, and field-initi- their service experiences; ‘‘(D) Who are homeless or who have run away ated research in which the rationale, design, ‘‘(C) forming local partnerships described in from home. and interpretation are soundly developed in ac- paragraph (2) or (4)(D) to develop school-based ‘‘(E) Who are at-risk to leave secondary cordance with principles of scientific research. service-learning programs in accordance with school without a diploma. ‘‘(47) TERRITORY.—The term ‘territory’ means this part; ‘‘(F) Who are former juvenile offenders or at the United States Virgin Islands, Guam, Amer- ‘‘(D) devising appropriate methods for re- risk of delinquency. ican Samoa, and the Commonwealth of the search on and evaluation of the educational ‘‘(G) Who are individuals with disabilities. Northern Mariana Islands. value of service-learning and the effect of serv- ‘‘(37) ENCORE SERVICE PROGRAM.—The term ‘‘(48) TRIBALLY CONTROLLED COLLEGE OR UNI- ice-learning activities on communities; ‘encore service program’ means a program, car- VERSITY.—The term ‘tribally controlled college ‘‘(E) establishing effective outreach and dis- ried out by an eligible entity as described in sub- or university’ has the meaning given such term semination of information to ensure the broadest section (a), (b), or (c) of section 122, that— in section 2 of the Tribally Controlled Colleges possible involvement of community-based enti- ‘‘(A) involves a significant number of partici- and Universities Assistance Act of 1978 (25 ties with demonstrated effectiveness in working pants age 55 or older in the program; and with school-age youth in their communities; and ‘‘(B) takes advantage of the skills and experi- U.S.C. 1801). ‘‘(49) VETERAN.—The term ‘veteran’ has the ‘‘(F) establishing effective outreach and dis- ence that such participants offer in the design meaning given the term in section 101 of title 38, semination of information to ensure the broadest and implementation of the program. United States Code.’’. possible participation of schools throughout the ‘‘(38) HISPANIC-SERVING INSTITUTION.—The EDESIGNATION.—Section 101 (42 U.S.C. State, throughout the territory, or serving the term ‘Hispanic-serving institution’ has the (b) R 12511) is amended— Indian tribe involved with particular attention meaning given such term in section 502(a) of the (1) by redesignating paragraphs (1) through to schools not making adequate yearly progress Higher Education Act of 1965 (20 U.S.C. (49) as paragraphs (1), (3), (8), (9), (10), (12), for two or more consecutive years under section 1101a(a)). (14), (15), (19), (20), (21), (22), (23), (24), (26), 1111 of the Elementary and Secondary Edu- ‘‘(39) HISTORICALLY BLACK COLLEGE OR UNI- (29), (30), (31), (34), (35), (37), (39), (40), (41), cation Act of 1965 (20 U.S.C. 6301 et seq.); VERSITY.—The term ‘historically black college or ‘‘(2) implementing, operating, or expanding university’ means a part B institution, as de- (42), (43), (44), (45), (46), (2), (4), (5), (6), (7), (11), (13), (16), (17), (18), (25), (27), (28), (32), school-based service-learning programs, which fined in section 322 of the Higher Education Act may include paying for the cost of the recruit- of 1965 (20 U.S.C. 1061). (33), (36), (38), (47), (48), and (49); and (2) so that paragraphs (1) through (49), as so ment, training, supervision, placement, salaries, ‘‘(40) MEDICALLY UNDERSERVED POPU- redesignated in paragraph (1), appear in numer- and benefits of service-learning coordinators, LATION.—The term ‘medically underserved popu- ical order. through distribution by State educational agen- lation’ has the meaning given that term in sec- cies, territories, and Indian tribes of Federal Subtitle B—Amendments to Subtitle B (Learn tion 330(b)(3) of the Public Health Service Act funds made available under this part to projects and Serve America) (42 U.S.C. 254b(b)(3)). operated by local partnerships among— ‘‘(41) NATIVE AMERICAN-SERVING, NONTRIBAL SEC. 1201. SCHOOL-BASED ALLOTMENTS. ‘‘(A) local educational agencies; and INSTITUTION.—The term ‘Native American-serv- Part I of subtitle B of title I (42 U.S.C. 12521 ‘‘(B) 1 or more community partners that— ing, nontribal institution’ has the meaning et seq.) is amended to read as follows: ‘‘(i) shall include a public or private nonprofit given the term in section 319(b) of the Higher ‘‘PART I—PROGRAMS FOR ELEMENTARY organization that— Education Act of 1965 (20 U.S.C. 1059f(b)). AND SECONDARY SCHOOL STUDENTS ‘‘(I) has a demonstrated expertise in the provi- ‘‘(42) NATIVE HAWAIIAN-SERVING INSTITU- sion of services to meet unmet human, edu- ‘‘SEC. 111. PURPOSE. TION.—The term ‘Native Hawaiian-serving insti- cation, environmental, or public safety needs; tution’ has the meaning given the term in sec- ‘‘The purpose of this part is to promote serv- ‘‘(II) will make projects available for partici- tion 317(b) of the Higher Education Act of 1965 ice-learning as a strategy to— pants, who shall be students; and (20 U.S.C. 1059d(b)). ‘‘(1) support high-quality service-learning ‘‘(III) was in existence at least 1 year before ‘‘(43) PREDOMINANTLY BLACK INSTITUTION.— projects that engage students in meeting commu- the date on which the organization submitted The term ‘Predominantly Black Institution’ has nity needs with demonstrable results, while en- an application under section 113; and the meaning given the term in section 318 of the hancing students’ academic and civic learning; ‘‘(ii) may include a private for-profit business, Higher Education Act of 1965 (20 U.S.C. 1059e). and private elementary school or secondary school, ‘‘(44) PRINCIPLES OF SCIENTIFIC RESEARCH.— ‘‘(2) support efforts to build institutional ca- or Indian tribe (except that an Indian tribe dis- The term ‘principles of scientific research’ pacity, including the training of educators, and tributing funds to a project under this para- means principles of research that— to strengthen the service infrastructure to ex- graph is not eligible to be part of the partner- ‘‘(A) apply rigorous, systematic, and objective pand service opportunities. ship operating that project); methodology to obtain reliable and valid knowl- ‘‘SEC. 111A. DEFINITIONS. ‘‘(3) planning of school-based service-learning edge relevant to the subject matter involved; ‘‘In this part: programs, through distribution by State edu- ‘‘(B) present findings and make claims that ‘‘(1) STATE.—The term ‘State’ means each of cational agencies, territories, and Indian tribes are appropriate to, and supported by, the meth- the several States, the District of Columbia, and of Federal funds made available under this part ods that have been employed; and the Commonwealth of Puerto Rico. to local educational agencies and Indian tribes, ‘‘(C) include, appropriate to the research ‘‘(2) STATE EDUCATIONAL AGENCY.—The term which planning may include paying for the cost being conducted— ‘State educational agency’ means— of— ‘‘(i) use of systematic, empirical methods that ‘‘(A) a State educational agency (as defined ‘‘(A) the salaries and benefits of service-learn- draw on observation or experiment; in section 101) of a State; or ing coordinators; or ‘‘(ii) use of data analyses that are adequate to ‘‘(B) for a State in which a State educational ‘‘(B) the recruitment, training and profes- support the general findings; agency described in subparagraph (A) has des- sional development, supervision, and placement

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.011 H31MRPT1 jbell on PROD1PC69 with HOUSE H4148 CONGRESSIONAL RECORD — HOUSE March 31, 2009 of service-learning coordinators who may be ‘‘(1) identification and dissemination of re- sonably require, including how the applicant participants in a program under subtitle C or research findings on service-learning and scientif- will integrate service opportunities into the aca- ceive a national service educational award ically valid research based practices for service- demic program of the participants; under subtitle D, who may be participants in a learning; and ‘‘(B) information about the criteria the State project under section 201 of the Domestic Volun- ‘‘(2) provision of professional development op- educational agency, territory, or Indian tribe teer Service Act of 1973 (42 U.S.C. 5001), or who portunities that— will use to evaluate and grant approval to ap- may participate in a Youthbuild program under ‘‘(A) improve the quality of service-learning plications submitted under subsection (b), in- section 173A of the Workforce Investment Act of instruction and delivery for teachers both cluding an assurance that the State educational 1998 (29 U.S.C. 2918a), preservice and in-service, personnel from com- agency, territory, or Indian tribe will comply who will identify the community partners de- munity-based entities and youth workers; and with the requirement in section 114(a); scribed in paragraph (2)(B) and assist in the de- ‘‘(B) create and sustain effective partnerships ‘‘(C) assurances about the applicant’s efforts sign and implementation of a program described for service-learning programs between local edu- to— in paragraph (2); cational agencies, community-based entities, ‘‘(i) ensure that students of different ages, ‘‘(4) implementing, operating, or expanding businesses, and other stakeholders. races, sexes, ethnic groups, disabilities, and eco- school-based service-learning programs to utilize ‘‘SEC. 112A. ALLOTMENTS. nomic backgrounds have opportunities to serve adult volunteers in service-learning to improve ‘‘(a) INDIAN TRIBES AND TERRITORIES.—Of the together; the education of students, through distribution amounts appropriated to carry out this part for ‘‘(ii) include any opportunities for students, by State educational agencies, territories, and any fiscal year, the Corporation shall reserve an enrolled in schools or programs of education Indian tribes of Federal funds made available amount of not less than 2 percent and not more providing elementary or secondary education, to under this part to— than 3 percent for payments to Indian tribes, participate in service-learning programs and en- ‘‘(A) local educational agencies; the United States Virgin Islands, Guam, Amer- sure that such service-learning programs in- ‘‘(B) Indian tribes (except that an Indian tribe ican Samoa, and the Commonwealth of the clude opportunities for such students to serve distributing funds under this paragraph is not Northern Mariana Islands, to be allotted in ac- together; eligible to be a recipient of those funds); cordance with their respective needs. ‘‘(iii) involve participants in the design and ‘‘(C) public or private nonprofit organiza- ‘‘(b) ALLOTMENTS THROUGH STATES.— operation of the programs; tions; or ‘‘(1) IN GENERAL.—After reserving an amount ‘‘(iv) promote service-learning in areas of ‘‘(D) partnerships or combinations of local under subsection (a), the Corporation shall use greatest need, including low-income or rural educational agencies, and entities described in the remainder of the funds appropriated to areas; and subparagraph (B) or (C); and carry out this part for the fiscal year as follows: ‘‘(v) otherwise integrate service opportunities ‘‘(5) developing, as service-learning programs, ‘‘(A) ALLOTMENTS BASED ON SCHOOL-AGE into the academic program of the participants; civic engagement programs that promote a better YOUTH.—From 50 percent of such remainder, the and understanding of— Corporation shall allot to each State an amount ‘‘(D) assurances that the applicant will com- ‘‘(A) the principles of the Constitution, the that bears the same ratio to 50 percent of such ply with the nonduplication and nondisplace- heroes of United States history (including mili- remainder as the number of school-age youth in ment requirements of section 177 and the notice, tary heroes), and the meaning of the Pledge of the State bears to the total number of school-age hearing, and grievance procedures required by Allegiance; youth in all States. section 176. ‘‘(B) how the Nation’s government functions; ‘‘(B) ALLOTMENTS BASED ON ALLOCATIONS ‘‘(b) APPLICATION TO STATE, TERRITORY, OR and UNDER ELEMENTARY AND SECONDARY EDUCATION INDIAN TRIBE FOR ASSISTANCE TO CARRY OUT ‘‘(C) the importance of service in the Nation’s ACT OF 1965.—From 50 percent of such remainder, SCHOOL-BASED SERVICE-LEARNING PROGRAMS.— character. the Corporation shall allot to each State an ‘‘(1) IN GENERAL.—Any— ‘‘(b) DUTIES OF SERVICE-LEARNING COORDI- amount that bears the same ratio to 50 percent ‘‘(A) qualified organization, Indian tribe, ter- NATOR.—A service-learning coordinator referred of such remainder as the allocation to the State ritory, local educational agency, for-profit busi- to in paragraph (2) or (3) of subsection (a) shall for the previous fiscal year under title I of the ness, private elementary school or secondary provide services to a local partnership described Elementary and Secondary Education Act of school, or institution of higher education that in subsection (a)(2) or entity described in sub- 1965 (20 U.S.C. 6301 et seq.) bears to the total of desires to receive financial assistance under this section (a)(3), respectively, that may include— such allocations to all States. subpart from a State, territory, or Indian tribe ‘‘(1) providing technical assistance and infor- ‘‘(2) MINIMUM AMOUNT.—For any fiscal year for an activity described in section 112(a)(1); mation to, and facilitating the training of, for which amounts appropriated for this subtitle ‘‘(B) partnership described in section 112(a)(2) teachers and assisting in the planning, develop- exceed $50,000,000, the minimum allotment to that desires to receive such assistance from a ment, execution, and evaluation of service- each State under paragraph (1) shall be $75,000. State, territory, or Indian tribe for an activity learning in their classrooms; ‘‘(c) REALLOTMENT.—If the Corporation deter- described in section 112(a)(2); ‘‘(2) assisting local partnerships described in mines that the allotment of a State, territory, or ‘‘(C) entity described in section 112(a)(3) that subsection (a)(2) in the planning, development, Indian tribe under this section will not be re- desires to receive such assistance from a State, and execution of service-learning projects, in- quired for a fiscal year because the State, terri- territory, or Indian tribe for an activity de- cluding summer of service programs; tory, or Indian tribe did not submit and receive scribed in such section; ‘‘(3) assisting schools and local educational ‘‘(D) entity or partnership described in section agencies in developing school policies and prac- approval of an application for the allotment under section 113, the Corporation shall make 112(a)(4) that desires to receive such assistance tices that support the integration of service- from a State, territory, or Indian tribe for an ac- learning into the curriculum; and the allotment for such State, territory, or Indian tribe available for grants to community-based tivity described in such section; and ‘‘(4) carrying out such other duties as the ‘‘(E) entity that desires to receive such assist- local partnership or entity, respectively, may de- entities to carry out service-learning programs as described in section 112(b) in such State, in ance from a State, territory, or Indian tribe for termine to be appropriate. an activity described in section 111(a)(5), ‘‘(c) RELATED EXPENSES.—An entity that re- such territory, or for such Indian tribe. After ceives financial assistance under this part from community-based entities apply for grants from shall prepare, submit to the State educational a State, territory, or Indian tribe may, in car- the allotment, by submitting an application at agency for the State, territory, or Indian tribe, rying out the activities described in subsection such time and in such manner as the Corpora- and obtain approval of, an application for the (a), use such assistance to pay for the Federal tion requires, and receive approval, the remain- program. share of reasonable costs related to the super- der of such allotment shall be available for real- ‘‘(2) SUBMISSION.—Such application shall be vision of participants, program administration, lotment to such other States, territories, or In- submitted at such time and in such manner, and transportation, insurance, and evaluations and dian tribes with approved applications sub- shall contain such information, as the agency, for other reasonable expenses related to the ac- mitted under section 113 as the Corporation may territory, or Indian tribe may reasonably re- tivities. determine to be appropriate. quire. ‘‘(d) SPECIAL RULE.—A State educational ‘‘SEC. 113. APPLICATIONS. ‘‘SEC. 114. CONSIDERATION OF APPLICATIONS. agency described in section 111A(2)(A) may des- ‘‘(a) APPLICATIONS TO CORPORATION FOR AL- ‘‘(a) CRITERIA FOR LOCAL APPLICATIONS.—In ignate a statewide entity (which may be a com- LOTMENTS.— providing assistance under this part, a State munity-based entity) with demonstrated experi- ‘‘(1) IN GENERAL.—To be eligible to receive an educational agency, territory, or Indian tribe ence in supporting or implementing service- allotment under section 112A, a State, acting (or the Corporation if section 112A(c) applies) learning programs, to receive the State edu- through the State educational agency, territory, shall consider criteria with respect to sustain- cational agency’s allotment under this part, and or Indian tribe shall prepare and submit to the ability, replicability, innovation, and quality of carry out the functions of the agency under this Corporation an application at such time and in programs. part. such manner as the Chief Executive Officer may ‘‘(b) PRIORITY FOR LOCAL APPLICATIONS.—In ‘‘(e) CONSULTATION WITH SECRETARY OF EDU- reasonably require, and obtain approval of the providing assistance under this part, a State CATION.—The Corporation is authorized to enter application. educational agency, territory, or Indian tribe into agreements with the Secretary of Education ‘‘(2) CONTENTS.—An application for an allot- (or the Corporation if section 112A(c) applies) for initiatives (and may use funds authorized ment under section 112 shall include— shall give priority to entities that submit appli- under section 501(a)(6) to enter into the agree- ‘‘(A) a proposal for a 3-year plan promoting cations under section 113 with respect to service- ments if the additional costs of the initiatives service-learning, which shall contain such infor- learning programs described in section 111 that are warranted) that may include— mation as the Chief Executive Officer may rea- are in the greatest need of assistance, such as

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.011 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4149 programs targeting low-income areas or serving ‘‘SEC. 117. LIMITATIONS ON USES OF FUNDS. poration, an application at such time, in such economically disadvantaged youth. ‘‘Not more than 6 percent of the amount of as- manner, and containing such information and ‘‘(c) REJECTION OF APPLICATIONS TO CORPORA- sistance received by a State, territory, or Indian assurances as the Corporation may reasonably TION.—If the Corporation rejects an application tribe that is the original recipient of an allot- require, and obtain approval of the application. submitted by a State, territory, or Indian tribe ment under this part for a fiscal year may be In requesting applications for assistance under under section 113 for an allotment, the Corpora- used to pay, in accordance with such standards this part, the Corporation shall specify such re- tion shall promptly notify the State, territory, or as the Corporation may issue, for administrative quired information and assurances. Indian tribe of the reasons for the rejection of costs, incurred by that recipient.’’. ‘‘(2) CONTENTS.—An application submitted the application. The Corporation shall provide SEC. 1202. HIGHER EDUCATION PROVISIONS. under paragraph (1) shall contain, at a min- the State, territory, or Indian tribe with a rea- (a) REDESIGNATION.—Section 119 (42 U.S.C. imum— sonable opportunity to revise and resubmit the 12561) is redesignated as section 118. ‘‘(A) assurances that— ‘‘(i) prior to the placement of a participant, application and shall provide technical assist- (b) HIGHER EDUCATION INNOVATIVE PRO- the applicant will consult with the appropriate ance, if needed, to the State, territory, or Indian GRAMS.—Section 118 (as so redesignated) is tribe as part of the resubmission process. The amended— local labor organization, if any, representing Corporation shall promptly reconsider such re- (1) in subsection (a), by inserting after ‘‘com- employees in the area who are engaged in the submitted application. munity service programs’’ the following: same or similar work as that proposed to be carried out by such program, to prevent the dis- ‘‘SEC. 115. PARTICIPATION OF STUDENTS AND ‘‘through service-learning’’; TEACHERS FROM PRIVATE SCHOOLS. (2) in subsection (b)— placement and protect the rights of such em- ‘‘(a) IN GENERAL.—To the extent consistent (A) in the matter preceding paragraph (1), by ployees; and ‘‘(ii) the applicant will comply with the non- with the number of students in the State, in the striking ‘‘combination’’ and inserting ‘‘consor- duplication and nondisplacement provisions of territory, or served by the Indian tribe or in the tium’’; section 177 and the notice, hearing, and griev- school district of the local educational agency (B) in paragraph (1)— ance procedures required by section 176; and involved who are enrolled in private nonprofit (i) in subparagraph (A), by striking ‘‘and’’ at ‘‘(B) such other assurances as the Chief Exec- elementary schools and secondary schools, such the end; State, territory, or Indian tribe, or agency shall utive Officer may reasonably require. (ii) in subparagraph (B), by adding ‘‘and’’ at ‘‘(e) SPECIAL CONSIDERATION.—To the extent (after consultation with appropriate private the end; and practicable, in making grants and entering into school representatives) make provision— (iii) by adding at the end the following: contracts under subsection (b), the Corporation ‘‘(1) for the inclusion of services and arrange- ‘‘(C) the institution or partnership may co- shall give special consideration to applications ments for the benefit of such students so as to ordinate with service-learning curricula being submitted by, or applications from partnerships allow for the equitable participation of such stu- offered in the academic curricula at the institu- including, institutions serving primarily low-in- dents in the programs implemented to carry out tion of higher education or at 1 or more members come populations, including— the objectives and provide the benefits described of the partnership;’’; and ‘‘(1) Alaska Native-serving institutions; in this part; and (C) in paragraph (3)— ‘‘(2) Asian American and Native American Pa- ‘‘(2) for the training of the teachers of such (i) in the matter preceding subparagraph (A), cific Islander-serving institutions; students so as to allow for the equitable partici- by striking ‘‘teachers at the elementary, sec- ‘‘(3) Hispanic-serving institutions; pation of such teachers in the programs imple- ondary, and postsecondary levels’’ and inserting ‘‘(4) historically black colleges and univer- mented to carry out the objectives and provide ‘‘institutions of higher education and their fac- sities; the benefits described in this part. ulty’’; ‘‘(5) Native American-serving, nontribal insti- ‘‘(b) WAIVER.—If a State, territory, Indian (ii) in subparagraph (A), by striking ‘‘edu- tutions; tribe, or local educational agency is prohibited cation of the institution; and’’ and inserting ‘‘(6) Native Hawaiian-serving institutions; by law from providing for the participation of ‘‘curricula of the institution to strengthen the ‘‘(7) Predominantly Black Institutions; students or teachers from private nonprofit instructional capacity of teachers to provide ‘‘(8) tribally controlled colleges and univer- schools as required by subsection (a), or if the service-learning at the elementary and sec- sities; and Corporation determines that a State, territory, ondary levels;’’; ‘‘(9) community colleges serving predomi- Indian tribe, or local educational agency sub- (iii) by redesignating subparagraph (B) as nantly minority populations. stantially fails or is unwilling to provide for subparagraph (C); and ‘‘(f) CONSIDERATIONS.—In making grants and such participation on an equitable basis, the (iv) by inserting after subparagraph (A) the entering into contracts under subsection (b), the Chief Executive Officer shall waive such re- following: Corporation shall take into consideration quirements and shall arrange for the provision ‘‘(B) including service-learning as a compo- whether the applicants submit applications con- of services to such students and teachers. nent of other curricula or academic programs taining proposals that— ‘‘SEC. 116. FEDERAL, STATE, AND LOCAL CON- (other than education curricula or programs), ‘‘(1) demonstrate the commitment of the insti- TRIBUTIONS. such as curricula or programs relating to nurs- tution of higher education involved, other than ‘‘(a) CORPORATION SHARE.— ing, medicine, criminal justice, or public policy; by demonstrating the commitment of the stu- ‘‘(1) IN GENERAL.—The Corporation share of and’’; dents, to supporting the community service the cost of carrying out a program for which a (3) by striking subsections (c), (d), (e), and (g); projects carried out under the program; grant is made from an allotment under this (4) by redesignating subsection (f) as sub- ‘‘(2) specify the manner in which the institu- part— section (i); and tion will promote faculty, administration, and ‘‘(A) for new grants may not exceed 80 percent (5) by inserting after subsection (b) the fol- staff participation in the community service of the total cost of the program for the first year lowing: projects; ‘‘(3) specify the manner in which the institu- of the grant period, 65 percent for the second ‘‘(c) FEDERAL, STATE, AND LOCAL CONTRIBU- tion will provide service to the community year, and 50 percent for each remaining year; TIONS.— through organized programs, including, where and ‘‘(1) FEDERAL SHARE.— appropriate, clinical programs for students in ‘‘(B) for continuing grants, may not exceed 50 ‘‘(A) IN GENERAL.—The Federal share of the percent of the total cost of the program. cost of carrying out a program for which assist- professional schools and colleges; ‘‘(4) describe any partnership that will par- ‘‘(2) NONCORPORATION CONTRIBUTION.—In ance is provided under this part may not exceed ticipate in the community service projects, such providing for the remaining share of the cost of 50 percent of the total cost of the program. as a partnership comprised of— carrying out such a program, each recipient of ‘‘(B) NON-FEDERAL CONTRIBUTION.—In pro- ‘‘(A) the institution; such a grant under this part— viding for the remaining share of the cost of car- ‘‘(B)(i) a community-based agency; ‘‘(A) shall provide for such share through a rying out such a program, each recipient of a ‘‘(ii) a local government agency; or payment in cash or in kind, fairly evaluated, in- grant or contract under this part— ‘‘(iii) a nonprofit entity that serves or involves cluding facilities, equipment, or services; ‘‘(i) shall provide for such share through a school-age youth, older adults, or low-income ‘‘(B) except as provided in subparagraph (C), payment in cash or in kind, fairly evaluated, in- communities; and may provide for such share through Federal, cluding facilities, equipment, or services; and ‘‘(C)(i) a student organization; State, or local sources, including private funds ‘‘(ii) may provide for such share through State ‘‘(ii) a department of the institution; or or donated services; and sources or local sources, including private funds ‘‘(iii) a group of faculty comprised of different ‘‘(C) may not provide for such share through or donated services. departments, schools, or colleges at the institu- Federal funds made available under title I of ‘‘(2) WAIVER.—The Chief Executive Officer tion; the Elementary and Secondary Education Act of may waive the requirements of paragraph (1) in ‘‘(5) demonstrate community involvement in 1965 (20 U.S.C. 6311 et seq.) or the Individuals whole or in part with respect to any such pro- the development of the proposal and the extent with Disabilities Education Act (20 U.S.C. 1400 gram for any fiscal year if the Corporation de- to which the proposal will contribute to the et seq.). termines that such a waiver would be equitable goals of the involved community members; ‘‘(b) WAIVER.—The Chief Executive Officer due to a lack of available financial resources at ‘‘(6) demonstrate a commitment to perform may waive the requirements of subsection (a) in the local level. community service projects in underserved whole or in part with respect to any such pro- ‘‘(d) APPLICATION FOR GRANT.— urban and rural communities; gram for any fiscal year, on a determination ‘‘(1) SUBMISSION.—To receive a grant or enter ‘‘(7) describe research on effective strategies that such a waiver would be equitable due to a into a contract under this part, an institution or and methods to improve service utilized in the lack of resources at the local level. partnership shall prepare and submit to the Cor- design of the projects;

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.011 H31MRPT1 jbell on PROD1PC69 with HOUSE H4150 CONGRESSIONAL RECORD — HOUSE March 31, 2009 ‘‘(8) specify that the institution or partnership uates of the institution, have obtained full-time or a consortium of 2 or more such entities and will use the assistance provided through the public service employment in the nonprofit sec- a for-profit organization. grant or contract to strengthen the service infra- tor or government, with a private nonprofit or- ‘‘(2) ELIGIBLE PARTNERSHIP.—The term ‘eligi- structure in institutions of higher education; ganization or a Federal, State, or local public ble partnership’ means a partnership that— ‘‘(9) with respect to projects involving delivery agency; and ‘‘(A) shall include— of services, specify projects that involve leader- ‘‘(E) any programs the institution has in place ‘‘(i) 1 or more community-based entities that ship development of school-age youth; or to encourage or assist graduates of the institu- have demonstrated records of success in car- ‘‘(10) describe the needs that the proposed tion to pursue careers in public service in the rying out service-learning programs with eco- projects are designed to address, such as hous- nonprofit sector or government. nomically disadvantaged students, and that ing, economic development, infrastructure, ‘‘(c) NOMINATIONS AND DESIGNATION.— meet such criteria as the Chief Executive Officer health care, job training, education, crime pre- ‘‘(1) NOMINATION.— may establish; and vention, urban planning, transportation, infor- ‘‘(A) IN GENERAL.—A State Commission that ‘‘(ii) a local educational agency for which— mation technology, or child welfare. receives applications from institutions of higher ‘‘(I) a high number or percentage, as deter- ‘‘(g) FEDERAL WORK-STUDY.—To be eligible education under subsection (b) may nominate, mined by the Corporation, of the students served for assistance under this part, an institution of for designation under subsection (a), not more by the agency are economically disadvantaged higher education shall demonstrate that it meets than 3 such institutions of higher education, students; and the minimum requirements under section consisting of— ‘‘(II) the graduation rate (as defined in sec- 443(b)(2)(A) of the Higher Education Act of 1965 ‘‘(i) not more than one 4-year public institution 1111(b)(2)(C)(vi) of the Elementary and Sec- (42 U.S.C. 2753(b)(2)(A)) relating to the partici- tion of higher education; ondary Education Act of 1965 (20 U.S.C. pation of students employed under part C of ‘‘(ii) not more than one 4-year private institu- 6311(b)(2)(C)(vi)) and as clarified in applicable title IV of the Higher Education Act of 1965 (42 tion of higher education; and regulations promulgated by the Department of U.S.C. 2751 et seq.) (relating to Federal Work- ‘‘(iii) not more than one 2-year institution of Education for the secondary school students Study programs) in community service activities, higher education. served by the agency is less than 70 percent; and or has received a waiver of those requirements ‘‘(B) SUBMISSION.—The State Commission ‘‘(B) may also include— from the Secretary of Education. shall submit to the Corporation the name and ‘‘(i) a local government agency that is not de- ‘‘(h) DEFINITION.—Notwithstanding section application of each institution nominated by the scribed in subparagraph (A); 101, as used in this part, the term ‘student’ State Commission under subparagraph (A). ‘‘(ii) the office of the chief executive officer of means an individual who is enrolled in an insti- ‘‘(2) DESIGNATION.—The Corporation shall a unit of general local government; tution of higher education on a full- or part- designate, under subsection (a), not more than ‘‘(iii) an institution of higher education; time basis.’’. 25 institutions of higher education from among ‘‘(iv) a State Commission or State educational agency; or SEC. 1203. CAMPUSES OF SERVICE. the institutions nominated under paragraph (1). ‘‘(v) more than 1 local educational agency de- Subtitle B of title I (42 U.S.C. 12521 et seq.) is In making the designations, the Corporation scribed in subclause (I). amended by inserting after section 118 (as redes- shall, if feasible, designate various types of in- ‘‘(3) YOUTH ENGAGEMENT ZONE.—The term ignated by section 1202) the following: stitutions, including institutions from each of the categories of institutions described in ‘youth engagement zone’ means the area in ‘‘SEC. 118A. CAMPUSES OF SERVICE. clauses (i), (ii), and (iii) of paragraph (1)(A). which a youth engagement zone program is car- ‘‘(a) IN GENERAL.—The Corporation, after ‘‘(d) AWARDS.— ried out. consultation with the Secretary of Education, ‘‘(1) IN GENERAL.—Using sums reserved under ‘‘(4) YOUTH ENGAGEMENT ZONE PROGRAM.— may annually designate not more than 25 insti- section 501(a)(1)(C) for Campuses of Service, the The term ‘youth engagement zone program’ tutions of higher education as Campuses of Corporation shall provide an award of funds to means a service-learning program in which Service, from among institutions nominated by institutions designated under subsection (c), to members of an eligible partnership collaborate to State Commissions. be used by the institutions to develop or dissemi- provide coordinated school-based or community- ‘‘(b) APPLICATIONS FOR NOMINATION.— nate service-learning models and information on based service-learning opportunities— ‘‘(1) IN GENERAL.—To be eligible for a nomina- best practices regarding service-learning to other ‘‘(A) in order to address a specific community tion to receive designation under subsection (a), institutions of higher education. challenge; and have an opportunity to apply for funds ‘‘(2) PLAN.—To be eligible to receive funds ‘‘(B) for an increasing percentage of out-of- under subsection (d) for a fiscal year, an insti- under this subsection, an institution designated school youth and secondary school students tution of higher education in a State shall sub- under subsection (c) shall submit a plan to the served by a local educational agency; and mit an application to the State Commission at Corporation describing how the institution in- ‘‘(C) in circumstances under which— such time, in such manner, and containing such tends to use the funds to develop or disseminate ‘‘(i) not less than 90 percent of such students information as the State Commission may re- service-learning models and information on best participate in service-learning activities as part quire. practices regarding service-learning to other in- of the program; or ‘‘(2) CONTENTS.—At a minimum, the applica- stitutions of higher education. ‘‘(ii) service-learning is a part of the cur- tion shall include information specifying— riculum in all of the secondary schools served by ‘‘(3) ALLOCATION.—The Corporation shall de- ‘‘(A)(i) the number of undergraduate and, if termine how the funds reserved under section the local educational agency. applicable, graduate service-learning courses of- ‘‘(b) GENERAL AUTHORITY.—From the amounts 501(a)(1)(C) for Campuses of Service for a fiscal fered at such institution for the most recent full appropriated to carry out this part for a fiscal year will be allocated among the institutions academic year preceding the fiscal year for year, the Corporation may make grants (which submitting acceptable plans under paragraph which designation is sought; and may include approved summer of service posi- (2). In determining the amount of funds to be al- ‘‘(ii) the number and percentage of under- tions in the case of a grant for a program de- located to such an institution, the Corporation graduate students and, if applicable, the num- scribed in subsection (c)(8)) and fixed-amount shall consider the number of students at the in- ber and percentage of graduate students at such grants (in accordance with section 129(l)) to eli- stitution, the quality and scope of the plan sub- institution who were enrolled in the cor- gible entities or eligible partnerships, as appro- mitted by the institution under paragraph (2), responding courses described in clause (i), for priate, for programs and activities described in and the institution’s current (as of the date of such preceding academic year; subsection (c). submission of the plan) strategies to encourage ‘‘(B) the percentage of undergraduate stu- ‘‘(c) AUTHORIZED ACTIVITIES.—Funds under or assist students to pursue public service ca- dents engaging in and, if applicable, the per- this part may be used to— reers in the nonprofit sector or government.’’. centage of graduate students engaging in activi- ‘‘(1) integrate service-learning programs into ties providing community services, as defined in SEC. 1204. INNOVATIVE PROGRAMS AND RE- the science, technology, engineering, and math- section 441(c) of the Higher Education Act of SEARCH. ematics (referred to in this part as ‘STEM’) cur- 1965 (42 U.S.C. 2751(c)), during such preceding Subtitle B of title I (42 U.S.C. 12521 et seq.), as ricula at the elementary, secondary, postsec- academic year, the quality of such activities, amended by section 1203, is further amended by ondary, or postbaccalaureate levels in coordina- and the average amount of time spent, per stu- adding at the end the following: tion with practicing or retired STEM profes- dent, engaged in such activities; ‘‘PART III—INNOVATIVE AND COMMUNITY- sionals; ‘‘(C) for such preceding academic year, the BASED SERVICE–LEARNING PROGRAMS ‘‘(2) involve students in service-learning pro- percentage of Federal work-study funds made AND RESEARCH grams focusing on energy conservation in their available to the institution under part C of title ‘‘SEC. 119. INNOVATIVE AND COMMUNITY-BASED community, including conducting educational IV of the Higher Education Act of 1965 (42 SERVICE-LEARNING PROGRAMS AND outreach on energy conservation and working to U.S.C. 2751 et seq.) that is used to compensate RESEARCH. improve energy efficiency in low-income housing students employed in providing community serv- ‘‘(a) DEFINITIONS.—In this part: and in public spaces; ices, as so defined, and a description of the ef- ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti- ‘‘(3) involve students in service-learning pro- forts the institution undertakes to make avail- ty’ means a State educational agency, a State grams in emergency and disaster preparedness; able to students opportunities to provide such Commission, a territory, an Indian tribe, an in- ‘‘(4) involve students in service-learning pro- community services and be compensated through stitution of higher education, or a public or pri- grams aimed at improving access to and obtain- such work-study funds; vate nonprofit organization (including commu- ing the benefits from computers and other ‘‘(D) at the discretion of the institution, infor- nity-based entities), a public or private elemen- emerging technologies, including improving such mation demonstrating the degree to which retary school or secondary school, a local edu- access for individuals with disabilities, in low- cent graduates of the institution, and all grad- cational agency, a consortium of such entities, income or rural communities, in senior centers

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.011 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4151 and communities, in schools, in libraries, and in the academic program of the local educational national service, volunteering, or other service other public spaces; agency involved; and activities, or pursued careers in public service, ‘‘(5) involve high school age youth in the men- ‘‘(11) carry out any other innovative service- in the nonprofit sector or government. toring of middle school youth while involving all learning programs or research that the Corpora- ‘‘(3) ANALYSIS.—In carrying out such study, participants in service-learning to seek to meet tion considers appropriate. the entity shall examine the impact of the serv- unmet human, educational, environmental, pub- ‘‘(d) APPLICATIONS.—To be eligible to receive a ice-learning activities on the 4 factors described lic safety, or emergency and disaster prepared- grant to carry out a program or activity under in subparagraphs (A) through (D) of paragraph ness needs in their community; this part, an entity or partnership, as appro- (2), analyzed in terms of how much time partici- ‘‘(6) conduct research and evaluations on priate, shall prepare and submit to the Corpora- pants were engaged in service-learning activi- service-learning, including service-learning in tion an application at such time and in such ties. middle schools, and disseminate such research manner as the Chief Executive Officer may rea- ‘‘(4) BEST PRACTICES.—The entity shall collect and evaluations widely; sonably require, and obtain approval of the ap- information on best practices concerning using ‘‘(7) conduct innovative and creative activities plication. service-learning activities to improve the 4 fac- as described in section 112(a); ‘‘(e) PRIORITY.—In making grants under this tors. ‘‘(8) establish or implement summer of service part, the Corporation shall give priority to ap- ‘‘(b) INTERIM REPORTS.—The entity shall peri- programs (giving priority to programs that en- plicants proposing to— odically submit reports to the Corporation con- roll youth who will be enrolled in any of grades ‘‘(1) involve students and community stake- taining the interim results of the study and the 6 through 9 at the end of the summer concerned) holders in the design and implementation of information on best practices. The Corporation during the summer months (including recruit- service-learning programs carried out using shall submit such reports to the authorizing ing, training, and placing service-learning coor- funds received under this part; committees. dinators)— ‘‘(2) implement service-learning programs in ‘‘(c) FINAL REPORT.—The entity shall submit ‘‘(A) for youth who will be enrolled in any of low-income or rural communities; and a report to the Corporation containing the re- grades 6 through 12 at the end of the summer ‘‘(3) utilize adult volunteers, including tap- sults of the study and the information on best concerned; and ping the resources of retired and retiring adults, practices. The Corporation shall submit such re- ‘‘(B) for community-based service-learning in the planning and implementation of service- port to the authorizing committees, and shall projects— learning programs. make such report available to the public on the ‘‘(i) that shall— ‘‘(f) REQUIREMENTS.— Corporation’s website. ‘‘(1) TERM.—Each program or activity funded ‘‘(I) meet unmet human, educational, environ- ‘‘(d) CONSULTATION AND DISSEMINATION.—On mental (including energy conservation and under this part shall be carried out over a pe- receiving the report described in subsection (c), stewardship), and emergency and disaster pre- riod of 3 years, which may include 1 planning the Corporation shall consult with the Secretary paredness and other public safety needs; and year. In the case of a program funded under of Education to review the results of the study, ‘‘(II) be intensive, structured, supervised, and this part, the 3-year period may be extended by and to identify best practices concerning using designed to produce identifiable improvements to 1 year, if the program meets performance levels service-learning activities to improve the 4 fac- the community; established in accordance with section 179(k) tors described in subparagraphs (A) through (D) ‘‘(ii) that may include the extension of aca- and any other criteria determined by the Cor- of subsection (a)(2). The Corporation shall dis- demic year service-learning programs into the poration. seminate information on the identified best ‘‘(2) COLLABORATION ENCOURAGED.—Each en- summer months; and practices.’’. ‘‘(iii) under which a student who completes tity carrying out a program or activity funded under this part shall, to the extent practicable, Subtitle C—Amendments to Subtitle C 100 hours of service as described in section (National Service Trust Program) 146(b)(2), shall be eligible for a summer of serv- collaborate with entities carrying out programs ice educational award of $500 or $750 as de- under this subtitle, subtitle C, and titles I and II SEC. 1301. PROHIBITION ON GRANTS TO FEDERAL of the Domestic Volunteer Service Act of 1973 (42 AGENCIES; LIMITS ON CORPORA- scribed in sections 146(a)(2)(C) and 147(d); TION COSTS. ‘‘(9) establish or implement youth engagement U.S.C. 4951 et seq., 5001 et seq.). ‘‘(3) EVALUATION.—Not later than 4 years Section 121 (42 U.S.C. 12571) is amended— zone programs in youth engagement zones, for (1) in subsection (a)— students in secondary schools served by local after the effective date of the Serve America Act, the Corporation shall conduct an independent (A) in the matter preceding paragraph (1), by educational agencies for which a majority of inserting after ‘‘subdivisions of States,’’ the fol- such students do not participate in service- evaluation of the programs and activities carried out using funds made available under this lowing: ‘‘territories,’’; and learning activities that are— (B) in paragraphs (1) and (2), by striking ‘‘(A) carried out by eligible partnerships; and part, and determine best practices relating to service-learning and recommendations for im- ‘‘section 122(a)’’ and inserting ‘‘subsection (a), ‘‘(B) designed to— (b), or (c) of section 122’’; ‘‘(i) involve all students in secondary schools provement of those programs and activities. The Corporation shall widely disseminate the results (2) in subsection (b)— served by the local educational agency in serv- (A) in the heading, by striking ‘‘AGREEMENTS of the evaluations, and information on the best ice-learning to address a specific community WITH FEDERAL AGENCIES’’ and inserting ‘‘RE- practices and recommendations to the service challenge; STRICTIONS ON AGREEMENTS WITH FEDERAL community through multiple channels, includ- ‘‘(ii) improve student engagement, including AGENCIES’’; ing the Corporation’s Resource Center or a student attendance and student behavior, and (B) by striking paragraph (1) and inserting clearinghouse of effective strategies.’’. student achievement, graduation rates, and col- the following: lege-going rates at secondary schools; and SEC. 1205. SERVICE-LEARNING IMPACT STUDY. ‘‘(1) AGREEMENTS AUTHORIZED.—The Corpora- ‘‘(iii) involve an increasing percentage of stu- Subtitle B of title I (42 U.S.C. 12521 et seq.), as tion may enter into an interagency agreement dents in secondary school and out-of-school amended by section 1204, is further amended by (other than a grant agreement) with another youth in the community in school-based or com- adding at the end the following: Federal agency to support a national service munity-based service-learning activities each ‘‘PART IV—SERVICE-LEARNING IMPACT program carried out or otherwise supported by year, with the goal of involving all students in STUDY the agency. The Corporation, in entering into secondary schools served by the local edu- ‘‘SEC. 120. STUDY AND REPORT. the interagency agreement may approve posi- cational agency and involving an increasing ‘‘(a) STUDY.— tions as approved national service positions for percentage of the out-of-school youth in service- ‘‘(1) IN GENERAL.—From the sums reserved a program carried out or otherwise supported by learning activities; and under section 501(a)(1)(B) for this section, the the agency.’’; ‘‘(10) conduct semester of service programs Corporation shall enter into a contract with an (C) by striking paragraph (2) and inserting that— entity that is not otherwise a recipient of finan- the following: ‘‘(A) provide opportunities for secondary cial assistance under this subtitle, to conduct a ‘‘(2) PROHIBITION ON GRANTS.—The Corpora- school students to participate in a semester of 10-year longitudinal study on the impact of the tion may not provide a grant under this section coordinated school-based or community-based activities carried out under this subtitle. to a Federal agency.’’; service-learning opportunities for a minimum of ‘‘(2) CONTENTS.—In conducting the study, the (D) in paragraph (3)— 70 hours (of which at least a third will be spent entity shall consider the impact of service-learn- (i) by striking ‘‘receiving assistance under this participating in field-based activities) over a se- ing activities carried out under this subtitle on subsection’’ and inserting ‘‘carrying out or sup- mester, to address specific community chal- students participating in such activities, includ- porting a national service program’’; and lenges; ing in particular examining the degree to which (ii) by striking ‘‘using such assistance’’ and ‘‘(B) engage as participants high percentages the activities— inserting ‘‘through that program’’; or numbers of economically disadvantaged stu- ‘‘(A) improved student academic achievement; (E) in paragraph (4), by striking ‘‘a contract dents; ‘‘(B) improved student engagement; or cooperative agreement’’ the first place it ap- ‘‘(C) allow participants to receive academic ‘‘(C) improved graduation rates, as defined in pears and inserting ‘‘an interagency agree- credit, for the time spent in the classroom and in section 1111(b)(2)(C)(vi) of the Elementary and ment’’; and the field for the program, that is equivalent to Secondary Education Act of 1965 (20 U.S.C. (F) by adding at the end the following: the academic credit for any class of equivalent 6311(b)(2)(C)(vi)) and as clarified in applicable ‘‘(5) APPLICATION OF REQUIREMENTS.—A re- length and with an equivalent time commitment; regulations promulgated by the Department of quirement under this Act that applies to an en- and Education; and tity receiving assistance under section 121 (other ‘‘(D) ensure that the classroom-based instruc- ‘‘(D) improved the degree to which the partici- than a requirement limited to an entity receiv- tion component of the program is integrated into pants in the activities engaged in subsequent ing assistance under section 121(a)) shall be

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.012 H31MRPT1 jbell on PROD1PC69 with HOUSE H4152 CONGRESSIONAL RECORD — HOUSE March 31, 2009 considered to apply to a Federal agency that en- educational needs within communities through ‘‘(vi) any additional local indicator (applica- ters into an interagency agreement under this activities such as those described in subpara- ble to a particular recipient and on which an subsection, even though no Federal agency may graph (B) and improves performance on the in- improvement in performance is needed) relating receive financial assistance under such an dicators described in subparagraph (C). to improving education for students, that is ap- agreement.’’; ‘‘(B) ACTIVITIES.—An Education Corps de- proved by the Corporation or a State Commis- (3) in subsection (c)— scribed in this paragraph may carry out activi- sion. (A) in the matter preceding paragraph (1), by ties such as— ‘‘(2) HEALTHY FUTURES CORPS.— striking ‘‘subsections (a) and (b),’’ and inserting ‘‘(i) tutoring, or providing other academic ‘‘(A) IN GENERAL.—The recipient may carry ‘‘subsection (a), and in providing approved na- support to elementary school and secondary out national service programs through a tional service positions under subsection (b),’’; school students; Healthy Futures Corps that identifies and meets and ‘‘(ii) improving school climate; unmet health needs within communities through ‘‘(iii) mentoring students, including adult or (B) in paragraph (2)(B), by striking ‘‘to be activities such as those described in subpara- provided’’ and inserting ‘‘to be provided or oth- peer mentoring; ‘‘(iv) linking needed integrated services and graph (B) and improves performance on the in- erwise approved’’; comprehensive supports with students, their dicators described in subparagraph (C). (4) in paragraphs (1) and (2) of subsection (d), families, and their public schools; ‘‘(B) ACTIVITIES.—A Healthy Futures Corps by striking ‘‘or (b)’’; ‘‘(v) providing assistance to a school in ex- described in this paragraph may carry out ac- (5) in subsection (e)— panding the school day by strengthening the tivities such as— (A) in paragraph (1), by striking ‘‘Federal quality of staff and expanding the academic ‘‘(i) assisting economically disadvantaged in- share of the cost’’ and inserting ‘‘Corporation programming offered in an expanded learning dividuals in navigating the health services sys- share of the cost (including the costs of member time initiative, a program of a 21st century com- tem; living allowances, employment-related taxes, munity learning center (as defined in section ‘‘(ii) assisting individuals in obtaining access health care coverage, and workers’ compensa- 4201 of the Elementary and Secondary Edu- to health services, including oral health serv- tion and other necessary operation costs)’’; and cation Act of 1965 (20 U.S.C. 7171)), or a high- ices, for themselves or their children; (B) by adding at the end the following: quality after-school program; ‘‘(iii) educating economically disadvantaged THER FEDERAL FUNDS.— ‘‘(5) O ‘‘(vi) assisting schools and local educational individuals and individuals who are members of ‘‘(A) RECIPIENT REPORT.—A recipient of as- agencies in improving and expanding high-qual- medically underserved populations about, and sistance under this section (other than a recipi- ity service-learning programs that keep students engaging individuals described in this clause in, ent of assistance through a fixed-amount grant engaged in schools by carrying out programs initiatives regarding navigating the health serv- in accordance with section 129(l)) shall report to that provide specialized training to individuals ices system and regarding disease prevention the Corporation the amount and source of any in service-learning, and place the individuals and health promotion, with a particular focus Federal funds used to carry out the program for (after such training) in positions as service- on common health conditions, chronic diseases, which the assistance is made available other learning coordinators, to facilitate service-learn- and conditions, for which disease prevention than those provided by the Corporation. ing in programs eligible for funding under part and health promotion measures exist and for ‘‘(B) CORPORATION REPORT.—The Corporation I of subtitle B; which socioeconomic, geographic, and racial shall report to the authorizing committees on an ‘‘(vii) assisting students in being prepared for and ethnic health disparities exist; annual basis information regarding each recipi- college-level work; ‘‘(iv) improving the literacy of patients re- ent of such assistance that uses Federal funds ‘‘(viii) involving family members of students in garding health, including oral health; other than those provided by the Corporation to supporting teachers and students; ‘‘(v) providing translation services at clinics carry out such a program, including the ‘‘(ix) conducting a preprofessional training amounts and sources of the other Federal and in emergency rooms to improve health serv- program in which students enrolled in an insti- ices; funds.’’; and tution of higher education— ‘‘(vi) providing services designed to meet the (6) by adding at the end the following: ‘‘(I) receive training (which may include health needs of rural communities, including the ‘‘(f) PLAN FOR APPROVED NATIONAL SERVICE classes containing service-learning) in specified recruitment of youth to work in health profes- POSITIONS.—The Corporation shall— fields including early childhood education and sions in such communities; ‘‘(1) develop a plan to— care, elementary and secondary education, and ‘‘(A) establish the number of the approved na- other fields such as those relating to health ‘‘(vii) assisting in health promotion interven- tional service positions as 88,000 for fiscal year services, criminal justice, environmental stew- tions that improve health status, and helping 2010; ardship and conservation, or public safety; people adopt and maintain healthy lifestyles ‘‘(B) increase the number of the approved po- ‘‘(II) perform service related to such training and habits to improve health status; sitions to— outside the classroom during the school term ‘‘(viii) addressing childhood obesity through ‘‘(i) 115,000 for fiscal year 2011; and during summer or other vacation periods; in-school and after-school physical activities, ‘‘(ii) 140,000 for fiscal year 2012; and and providing nutrition education to students, ‘‘(iii) 170,000 for fiscal year 2013; ‘‘(III) agree to provide service upon gradua- in elementary schools and secondary schools; or ‘‘(iv) 200,000 for fiscal year 2014; tion to meet unmet human, educational, envi- ‘‘(ix) providing activities, addressing unmet ‘‘(v) 210,000 for fiscal year 2015; ronmental, or public safety needs related to health needs, that the Corporation may des- ‘‘(vi) 235,000 for fiscal year 2016; and such training; ignate. ‘‘(vii) 250,000 for fiscal year 2017; ‘‘(x) assisting economically disadvantaged stu- ‘‘(C) HEALTHY FUTURES CORPS INDICATORS.— ‘‘(C) ensure that the increases described in dents in navigating the college admissions proc- The indicators for a corps program described in subparagraph (B) are achieved through an ap- ess; this paragraph are— propriate balance of full- and part-time service ‘‘(xi) providing other activities, addressing ‘‘(i) access to health services among economi- positions; unmet educational needs, that the Corporation cally disadvantaged individuals and individuals ‘‘(2) not later than 1 year after the date of en- may designate; or who are members of medically underserved pop- actment of the Serve America Act, submit a re- ‘‘(xii) providing skilled musicians and artists ulations; port to the authorizing committees on the status to promote greater community unity through the ‘‘(ii) access to health services for uninsured of the plan described in paragraph (1); and use of music and arts education and engage- individuals, including such individuals who are ‘‘(3) subject to the availability of appropria- ment through work in low-income communities, economically disadvantaged children; tions and quality service opportunities, imple- and education, health care, and therapeutic set- ‘‘(iii) participation, among economically dis- ment the plan described in paragraph (1).’’. tings, and other work in the public domain with advantaged individuals and individuals who are citizens of all ages. SEC. 1302. ELIGIBLE NATIONAL SERVICE PRO- members of medically underserved populations, ‘‘(C) EDUCATION CORPS INDICATORS.—The in- GRAMS. in disease prevention and health promotion ini- dicators for a corps program described in this Section 122 is amended to read as follows: tiatives, particularly those with a focus on ad- paragraph are— dressing common health conditions, addressing ‘‘SEC. 122. NATIONAL SERVICE PROGRAMS ELIGI- ‘‘(i) student engagement, including student chronic diseases, and decreasing health dispari- BLE FOR PROGRAM ASSISTANCE. attendance and student behavior; ‘‘(a) NATIONAL SERVICE CORPS.—The recipient ‘‘(ii) student academic achievement; ties; of a grant under section 121(a) and a Federal ‘‘(iii) secondary school graduation rates as de- ‘‘(iv) literacy of patients regarding health; agency operating or supporting a national serv- fined in section 1111(b)(2)(C)(vi) of the Elemen- ‘‘(v) any additional indicator, relating to im- ice program under section 121(b) shall use a por- tary and Secondary Education Act of 1965 (20 proving or protecting the health of economically tion of the financial assistance or positions in- U.S.C. 6311(b)(2)(C)(vi)) and as clarified in ap- disadvantaged individuals and individuals who volved, directly or through subgrants to other plicable regulations promulgated by the Depart- are members of medically underserved popu- entities, to support or carry out the following ment of Education; lations, that the Corporation, in consultation national service corps or programs, as full- or ‘‘(iv) rate of college enrollment and continued (as appropriate) with the Secretary of Health part-time corps or programs, to address unmet college enrollment for recipients of a high school and Human Services and the Director of the needs: diploma; Centers for Disease Control and Prevention, es- ‘‘(1) EDUCATION CORPS.— ‘‘(v) any additional indicator relating to im- tablishes; or ‘‘(A) IN GENERAL.—The recipient may carry proving education for students that the Cor- ‘‘(vi) any additional local indicator (applica- out national service programs through an Edu- poration, in consultation (as appropriate) with ble to a particular recipient and on which an cation Corps that identifies and meets unmet the Secretary of Education, establishes; or improvement in performance is needed) relating

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.012 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4153 to improving or protecting the health of eco- significantly improve energy efficiency and re- ‘‘(iv) the number of veterans engaged in serv- nomically disadvantaged individuals and indi- duce carbon emissions; ice opportunities; viduals who are members of medically under- ‘‘(ii) annual energy costs (to determine sav- ‘‘(v) the number of military families assisted served populations, that is approved by the Cor- ings in those costs) at facilities where partici- by organizations while a family member is de- poration or a State Commission. pants have provided service; ployed and upon that family member’s return ‘‘(3) CLEAN ENERGY SERVICE CORPS.— ‘‘(iii) the number of students and youth re- home; ‘‘(A) IN GENERAL.—The recipient may carry ceiving education or training in energy-efficient ‘‘(vi) the number of economically disadvan- out national service projects through a Clean and environmentally conscious practices; taged students engaged in mentoring relation- Energy Service Corps that identifies and meets ‘‘(iv)(I) the number of acres of national parks, ships with veterans; unmet environmental needs within communities State parks, city parks, county parks, or other ‘‘(vii) the number of projects designed to meet through activities such as those described in public lands, that are cleaned or improved; and identifiable public needs of veterans, especially subparagraph (B) and improves performance on ‘‘(II) the number of acres of forest preserves, veterans with disabilities, veterans who are un- the indicators described in subparagraph (C). or miles of trails or rivers, owned or maintained employed, older veterans, and veterans in rural ‘‘(B) ACTIVITIES.—A Clean Energy Service by the Federal Government or a State, that are communities; Corps described in this paragraph may carry out cleaned or improved; ‘‘(viii) any additional indicator that relates to activities such as— ‘‘(v) any additional indicator relating to clean education or skill attainment that assists in pro- ‘‘(i) weatherizing and retrofitting housing energy, the reduction of greenhouse gas emis- viding veterans with the skills to address identi- units for low-income households to significantly sions, or education and skill attainment for fiable public needs, or that relates to improving improve the energy efficiency and reduce carbon clean energy jobs, that the Corporation, in con- the lives of veterans, of members of the Armed emissions of such housing units; sultation (as appropriate) with the Adminis- Forces on active duty, and of families of the vet- ‘‘(ii) building energy-efficient housing units in trator of the Environmental Protection Agency, erans and the members on active duty, and that low-income communities; the Secretary of Energy, the Secretary of the In- the Corporation, in consultation (as appro- ‘‘(iii) conducting energy audits for low-income terior, or the Secretary of Labor, as appropriate, priate) with the Secretary of Veterans Affairs, households and recommending ways for the establishes; or establishes; or households to improve energy efficiency; ‘‘(vi) any additional local indicator (applica- ‘‘(ix) any additional local indicator (applica- ‘‘(iv) providing clean energy-related services ble to a particular recipient and on which an ble to a particular recipient and on which an designed to meet the needs of rural communities; improvement in performance is needed) relating improvement in performance is needed) relating ‘‘(v) working with schools and youth pro- to clean energy, the reduction of greenhouse gas to the education or skill attainment, or the im- grams to educate students and youth about emissions, or education or skill attainment for provement, described in clause (viii), that is ap- ways to reduce home energy use and improve clean energy jobs, that is approved by the Cor- proved by the Corporation or a State Commis- the environment, including conducting service- poration or a State Commission. sion. learning projects to provide such education; ‘‘(4) VETERANS CORPS.— ‘‘(5) OPPORTUNITY CORPS.— ‘‘(vi) assisting in the development of local re- ‘‘(A) IN GENERAL.—The recipient may carry ‘‘(A) IN GENERAL.—The recipient may carry cycling programs; out national service programs through an Op- ‘‘(vii) renewing and rehabilitating national out national service programs through a Vet- erans Corps that identifies and meets unmet portunity Corps that identifies and meets unmet and State parks and forests, city parks, county needs relating to economic opportunity for eco- parks and other public lands, and trails owned needs of veterans and members of the Armed Forces who are on active duty through activities nomically disadvantaged individuals within or maintained by the Federal Government or a communities, through activities such as those State, including planting trees, carrying out re- such as those described in subparagraph (B) and improves performance on the indicators de- described in subparagraph (B) and improves forestation, carrying out forest health restora- performance on the indicators described in sub- tion measures, carrying out erosion control scribed in subparagraph (C). ‘‘(B) ACTIVITIES.—A Veterans Corps described paragraph (C). measures, fire hazard reduction measures, and in this paragraph may carry out activities such ‘‘(B) ACTIVITIES.—An Opportunity Corps de- rehabilitation and maintenance of historic sites as— scribed in this paragraph may carry out activi- and structures throughout the national park ‘‘(i) promoting community-based efforts to ties such as— system, and providing trail enhancements, reha- meet the unique needs of military families while ‘‘(i) providing financial literacy education to bilitation, and repairs; a family member is deployed and upon that fam- economically disadvantaged individuals, includ- ‘‘(viii) cleaning and improving rivers maining financial literacy education with regard to tained by the Federal Government or a State; ily member’s return home; ‘‘(ii) recruiting veterans, particularly return- credit management, financial institutions in- ‘‘(ix) carrying out projects in partnership with cluding banks and credit unions, and utilization the National Park Service, designed to renew ing veterans, into service opportunities, including opportunities that utilize their military ex- of savings plans; and rehabilitate national park resources and ‘‘(ii) assisting in the construction, rehabilita- enhance services and learning opportunities for perience; ‘‘(iii) assisting veterans in developing their tion, or preservation of housing units, including national park visitors, and nearby communities energy efficient homes, for economically dis- and schools; educational opportunities (including opportunities for professional certification, licensure, or advantaged individuals; ‘‘(x) providing service through a full-time, ‘‘(iii) assisting economically disadvantaged in- credentials), coordinating activities with and as- year-round youth corps program or full-time dividuals, including homeless individuals, in sisting State and local agencies administering summer youth corps program, such as a con- finding placement in and maintaining housing; servation corps or youth service corps program veterans education benefits, and coordinating ‘‘(iv) assisting economically disadvantaged in- that— activities with and assisting entities admin- dividuals in obtaining access to health services ‘‘(I) undertakes meaningful service projects istering veterans programs with internships and for themselves or their children; with visible public benefits, including projects fellowships that could lead to employment in the ‘‘(v) assisting individuals in obtaining infor- involving urban renewal, sustaining natural re- private and public sectors; mation about Federal, State, local, or private sources, or improving human services; ‘‘(iv) promoting efforts within a community to programs or benefits focused on assisting eco- ‘‘(II) includes as participants youths and serve the needs of veterans and members of the nomically disadvantaged individuals, economi- young adults who are age 16 through 25, includ- Armed Forces who are on active duty, including cally disadvantaged children, or low-income ing out-of-school youth and other disadvan- helping veterans file benefits claims and assist- families; taged youth (such as youth who are aging out ing Federal agencies in providing services to vet- ‘‘(vi) facilitating enrollment in and completion of foster care, youth who have limited English erans, and sending care packages to Members of of job training for economically disadvantaged proficiency, homeless youth, and youth who are the Armed Forces who are deployed; individuals; individuals with disabilities), who are age 16 ‘‘(v) assisting veterans in developing men- ‘‘(vii) assisting economically disadvantaged through 25; and toring relationships with economically dis- individuals in obtaining access to job placement ‘‘(III) provides those participants who are advantaged students; assistance; youth and young adults with— ‘‘(vi) developing projects to assist veterans ‘‘(viii) carrying out a program that seeks to ‘‘(aa) team-based, highly structured, and with disabilities, veterans who are unemployed, eliminate hunger in low-income communities adult-supervised work experience, life skills, older veterans, and veterans in rural commu- and rural areas through service in projects— education, career guidance and counseling, em- nities, including assisting veterans described in ‘‘(I) involving food banks, food pantries, and ployment training, and support services includ- this clause with transportation; or nonprofit organizations that provide food during mentoring; and ‘‘(vii) other activities, addressing unmet needs ing emergencies; ‘‘(bb) the opportunity to develop citizenship of veterans, that the Corporation may des- ‘‘(II) seeking to address the long-term causes values and skills through service to their com- ignate. of hunger through education and the delivery of munity and the United States; ‘‘(C) VETERANS’ CORPS INDICATORS.—The indi- appropriate services; ‘‘(xi) carrying out other activities, addressing cators for a corps program described in this ‘‘(III) providing training in basic health, nu- unmet environmental and workforce needs, that paragraph are— trition, and life skills necessary to alleviate the Corporation may designate. ‘‘(i) the number of housing units created for hunger in communities and rural areas; or ‘‘(C) CLEAN ENERGY SERVICE CORPS INDICA- veterans; ‘‘(IV) assisting individuals in obtaining infor- TORS.—The indicators for a corps program de- ‘‘(ii) the number of veterans who pursue edu- mation about federally supported nutrition pro- scribed in this paragraph are— cational opportunities; grams; ‘‘(i) the number of housing units of low-in- ‘‘(iii) the number of veterans receiving profes- ‘‘(ix) addressing issues faced by homebound come households weatherized or retrofitted to sional certification, licensure, or credentials; citizens, such as needs for food deliveries, legal

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and local government; and provides specialized preservice training to en- ‘‘(xi) carrying out other activities, addressing ‘‘(III) assisting direct service mentoring pro- able participants to be placed individually or in unmet needs relating to economic opportunity grams. teams in positions in which the participants can for economically disadvantaged individuals, ‘‘(D) A program— meet such unmet needs; and that the Corporation may designate. ‘‘(i) in which not less than 75 percent of the ‘‘(ii) if consistent with the purposes of the ‘‘(C) OPPORTUNITY CORPS INDICATORS.—The participants are disadvantaged youth; program, brings participants together for addi- indicators for a corps program described in this ‘‘(ii) that may provide life skills training, em- tional training and other activities designed to paragraph are— ployment training, educational counseling, as- foster civic responsibility, increase the skills of ‘‘(i) the degree of financial literacy among sistance to complete a secondary school diploma participants, and improve the quality of the economically disadvantaged individuals; or its recognized equivalent, counseling, or a service provided. ‘‘(ii) the number of housing units built or im- mentoring relationship with an adult volunteer; ‘‘(C) A campus-based program that is designed proved for economically disadvantaged individ- and to provide substantial service in a community uals or low-income families; ‘‘(iii) for which, in awarding financial assist- during the school term and during summer or ‘‘(iii) the number of economically disadvan- ance and approved national service positions, other vacation periods through the use of— taged individuals with access to job training the Corporation shall give priority to programs ‘‘(i) students who are attending an institution and other skill enhancement; that engage retirees to serve as mentors. of higher education, including students partici- ‘‘(iv) the number of economically disadvan- ‘‘(E) A program— pating in a work-study program assisted under taged individuals with access to information ‘‘(i) that reengages court-involved youth and part C of title IV of the Higher Education Act about job placement services; adults with the goal of reducing recidivism; of 1965 (42 U.S.C. 2751 et seq.); ‘‘(v) any additional indicator relating to im- ‘‘(ii) that may create support systems begin- ‘‘(ii) teams composed of students described in proving economic opportunity for economically ning in correctional facilities; and clause (i); or disadvantaged individuals that the Corporation, ‘‘(iii) that may have life skills training, em- ‘‘(iii) teams composed of a combination of in consultation (as appropriate) with the Sec- ployment training, an education program (in- such students and community residents. retary of Health and Human Services, the Sec- cluding a program to complete a secondary ‘‘(D) A professional corps program that re- retary of Labor, the Secretary of Housing and school diploma or its recognized equivalent), cruits and places qualified participants in posi- Urban Development, and the Secretary of the educational and career counseling, and post- tions— ‘‘(i) as teachers, nurses and other health care Treasury, establishes; or program placement services. providers, police officers, early childhood devel- ‘‘(vi) any additional local indicator (applica- ‘‘(F) A demonstration program— ble to a particular recipient and on which an ‘‘(i) that has as 1 of its primary purposes the opment staff, engineers, or other professionals improvement in performance is needed) that is recruitment and acceptance of court-involved providing service to meet human, educational, approved by the Corporation or a State Commis- youth and adults as participants, volunteers, or environmental, or public safety needs in commu- sion. members; and nities with an inadequate number of such pro- ‘‘(b) NATIONAL SERVICE PROGRAMS.— ‘‘(ii) that may serve any purpose otherwise fessionals; ‘‘(1) IN GENERAL.—The recipient of a grant ‘‘(ii) for which the salary may exceed the max- permitted under this Act. imum living allowance authorized in subsection under section 121(a) and a Federal agency oper- ‘‘(G) A program that provides education or job (a)(2) of section 140, as provided in subsection ating or supporting a national service program training services that are designed to meet the (c) of such section; and under section 121(b) may use the financial as- needs of rural communities. ‘‘(iii) that are sponsored by public or private sistance or positions involved, directly or ‘‘(H) A program that seeks to expand the employers who agree to pay 100 percent of the through subgrants to other entities, to carry out number of mentors for youth in foster care salaries and benefits (other than any national national service programs and model programs through— service educational award under subtitle D) of under this subsection that are focused on meet- ‘‘(i) the provision of direct academic men- ing community needs and improve performance the participants. toring services for youth in foster care; ‘‘(E) A program that provides opportunities on the indicators described in paragraph (3). ‘‘(ii) the provision of supportive services to ‘‘(2) PROGRAMS.—The programs may include for veterans to participate in service projects. mentoring service organizations that directly ‘‘(F) A program carried out by an inter- the following types of national service programs: provide mentoring to youth in foster care, in- ‘‘(A) A community service program designed to mediary that builds the capacity of local non- cluding providing training of mentors in child meet the needs of rural communities, using profit and faith-based organizations to expand development, domestic violence, foster care, con- teams or individual placements to address the and enhance services to meet local or national fidentiality requirements, and other matters re- development needs of rural communities, includ- needs. lated to working with youth in foster care; or ing addressing rural poverty, or the need for ‘‘(G) Such other program models as may be ‘‘(iii) supporting foster care mentoring part- health services, education, or job training. approved by the Corporation or a State Commis- nerships, including statewide and local men- ‘‘(B) A program— sion, as appropriate. ‘‘(i) that engages participants in public toring partnerships that strengthen direct serv- ‘‘(2) PROGRAM MODELS WITHIN CORPS.—A re- health, emergency and disaster preparedness, ice mentoring programs. cipient of financial assistance or approved na- and other public safety activities; ‘‘(I) Such other national service programs ad- tional service positions for a corps program de- ‘‘(ii) that may include the recruitment of dressing unmet human, educational, environ- scribed in subsection (a) may use the assistance qualified participants for, and placement of the mental, or public safety needs as the Corpora- or positions to carry out the corps program, in participants in, positions to be trainees as law tion may designate. whole or in part, using a program model de- enforcement officers, firefighters, search and ‘‘(3) INDICATORS.—The indicators for a pro- scribed in this subsection. The corps program rescue personnel, and emergency medical service gram described in this subsection are the indica- shall meet the applicable requirements of sub- workers; and tors described in subparagraph (C) of para- section (a) and this subsection. ‘‘(iii) that may engage Federal, State, and graphs (1), (2), (3), (4), or (5) of subsection (a) ‘‘(d) QUALIFICATION CRITERIA TO DETERMINE local stakeholders, in collaboration, to organize or any additional local indicator (applicable to ELIGIBILITY.— more effective responses to issues of public a participant or recipient and on which an im- ‘‘(1) ESTABLISHMENT BY CORPORATION.—The health, emergencies and disasters, and other provement in performance is needed) relating to Corporation shall establish qualification criteria public safety issues. meeting unmet community needs, that is ap- for different types of national service programs ‘‘(C) A program that seeks to expand the num- proved by the Corporation or a State Commis- for the purpose of determining whether a par- ber of mentors for disadvantaged youths and sion. ticular national service program should be con- other youths (including by recruiting high ‘‘(c) PROGRAM MODELS FOR SERVICE CORPS.— sidered to be a national service program eligible school-, and college-age individuals to enter into ‘‘(1) IN GENERAL.—In addition to any activi- to receive assistance or approved national serv- mentoring relationships), either through— ties described in subparagraph (B) of para- ice positions under this subtitle. ‘‘(i) provision of direct mentoring services; graphs (1) through (5) of subsection (a), and ‘‘(2) CONSULTATION.—In establishing quali- ‘‘(ii) provision of supportive services to direct subsection (b)(2), a recipient of a grant under fication criteria under paragraph (1), the Cor- mentoring service organizations (in the case of a section 121(a) and a Federal agency operating poration shall consult with organizations and partnership); or supporting a national service program under individuals with extensive experience in devel- ‘‘(iii) the creative utilization of current and section 121(b) may directly or through grants or oping and administering effective national serv- emerging technologies to connect youth with subgrants to other entities carry out a national ice programs or regarding the delivery of vet- mentors; or service corps program through the following eran services, and other human, educational, ‘‘(iv) supporting mentoring partnerships (in- program models: environmental, or public safety services, to com- cluding statewide and local mentoring partner- ‘‘(A) A community corps program that meets munities or persons. ships that strengthen direct service mentoring unmet health, veteran, and other human, edu- ‘‘(3) APPLICATION TO SUBGRANTS.—The quali- programs) by— cational, environmental, or public safety needs fication criteria established by the Corporation

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under paragraph (1) shall also be used by each ‘‘(4) APPLICATION TO SUBGRANTS.—Any na- ‘‘(B) applicable programs, as determined by recipient of assistance under section 121(a) that tional service priorities established by the Cor- the Corporation, carried out under subtitle B of uses any portion of the assistance to conduct a poration under this subsection shall also be used this title, and part A of title I and parts A and grant program to support other national service by each recipient of funds under section 121(a) B of title II of the Domestic Volunteer Service programs. that uses any portion of the assistance to con- Act of 1973 (42 U.S.C. 4951 et seq., 5001, 5011) ‘‘(4) ENCOURAGEMENT OF INTERGENERATIONAL duct a grant program to support other national that improve performance on those indicators or COMPONENTS OF PROGRAMS.—The Corporation service programs. otherwise address identified community needs.’’. shall encourage national service programs eligi- ‘‘(g) CONSULTATION ON INDICATORS.—The Cor- SEC. 1303. TYPES OF POSITIONS. ble to receive assistance or approved national poration shall consult with the Secretary of Section 123 (42 U.S.C. 12573) is amended— service positions under this subtitle to establish, Education, the Secretary of Health and Human (1) in paragraph (1)— if consistent with the purposes of the program, Services, the Director of the Centers for Disease (A) by striking ‘‘section 122(a)’’ and inserting an intergenerational component of the program Control and Prevention, the Secretary of En- ‘‘subsection (a), (b), or (c) of section 122’’; and that combines students, out-of-school youths, ergy, the Secretary of Veterans Affairs, the Sec- (B) by striking ‘‘or (b)’’; disadvantaged youth, and older adults as par- retary of the Interior, the Administrator of the (2) in paragraph (2)(A)— ticipants to provide services to address unmet Environmental Protection Agency, the Secretary (A) by inserting after ‘‘subdivision of a human, educational, environmental, or public of Labor, the Secretary of Housing and Urban State,’’ the following: ‘‘a territory,’’; and safety needs. Development, and the Secretary of the Treas- (B) by striking ‘‘Federal agency’’ and insert- ‘‘(e) PRIORITIES FOR CERTAIN CORPS.—In ury, as appropriate, in developing additional in- ing ‘‘Federal agency (under an interagency awarding financial assistance and approved na- dicators for the corps and programs described in agreement described in section 121(b))’’; tional service positions to eligible entities pro- subsections (a) and (b). (3) in paragraph (4), by striking ‘‘section posed to carry out the corps described in sub- ‘‘(h) REQUIREMENTS FOR TUTORS.— 122(a)(3)’’ and inserting ‘‘section section (a)— ‘‘(1) IN GENERAL.—Except as provided in para- ‘‘(1) in the case of a corps described in sub- 122(a)(1)(B)(vi)’’; graph (2), the Corporation shall require that (4) in paragraph (5), by inserting ‘‘National’’ section (a)(2)— each recipient of assistance under the national ‘‘(A) the Corporation may give priority to eli- before ‘‘Civilian Community Corps’’; service laws that operates a tutoring program (5) by redesignating paragraph (7) as para- gible entities that propose to provide support for involving elementary school or secondary school participants who, after completing service under graph (8); and students certifies that individuals serving in ap- (6) by inserting after paragraph (6) the fol- this section, will undertake careers to improve proved national service positions as tutors in performance on health indicators described in lowing: such program have— ‘‘(7) A position involving service in the subsection (a)(2)(C); and ‘‘(A) obtained their high school diplomas; and ‘‘(B) the Corporation shall give priority to eli- ServeAmerica Fellowship program carried out ‘‘(B) successfully completed pre- and in-serv- under section 198B.’’. gible entities that propose to carry out national ice training for tutors. SEC. 1304. CONFORMING REPEAL RELATING TO service programs in medically underserved areas ‘‘(2) EXCEPTION.—The requirements in para- TRAINING AND TECHNICAL ASSIST- (as designated individually, by the Secretary of graph (1) do not apply to an individual serving Health and Human Services as an area with a ANCE. in an approved national service position who is Section 125 (42 U.S.C. 12575) is repealed. shortage of personal health services); and enrolled in an elementary school or secondary ‘‘(2) in the case of a corps described in sub- school and is providing tutoring services SEC. 1305. ASSISTANCE TO STATE COMMISSIONS; section (a)(3), the Corporation shall give pri- CHALLENGE GRANTS. through a structured, school-managed cross- ority to eligible entities that propose to recruit Section 126 (42 U.S.C. 12576) is amended— grade tutoring program. individuals for the Clean Energy Service Corps (1) in subsection (a)— ‘‘(i) REQUIREMENTS FOR TUTORING PRO- so that significant percentages of participants in (A) in paragraph (1)— GRAMS.—Each tutoring program that receives the Corps are economically disadvantaged indi- assistance under the national service laws (i) by striking ‘‘$125,000 and $750,000’’ and in- viduals, and provide to such individuals support shall— serting ‘‘$250,000 and $1,000,000’’; and services and education and training to develop ‘‘(1) offer a curriculum that is high quality, (ii) by striking ‘‘501(a)(4)’’ and inserting skills needed for clean energy jobs for which research-based, and consistent with the State ‘‘501(a)(5)’’; and there is current demand or projected future de- academic content standards required by section (B) by striking paragraph (2) and inserting mand. 1111 of the Elementary and Secondary Edu- the following: ‘‘(f) NATIONAL SERVICE PRIORITIES.— cation Act of 1965 (20 U.S.C. 6311) and the in- ‘‘(2) MATCHING REQUIREMENT.—In making a ‘‘(1) ESTABLISHMENT.— structional program of the local educational grant to a State under this subsection, the Cor- ‘‘(A) BY CORPORATION.—In order to con- poration shall require the State to agree to pro- centrate national efforts on meeting human, agency; and ‘‘(2) offer high quality, research-based pre- vide matching funds from non-Federal sources educational, environmental, or public safety of not less than $1 for every $1 provided by the needs and to achieve the other purposes of this and in-service training for tutors. ‘‘(j) CITIZENSHIP TRAINING.—The Corporation Corporation through the grant. Act, the Corporation, after reviewing the stra- shall establish guidelines for recipients of assist- ‘‘(3) ALTERNATIVE.—Notwithstanding para- tegic plan approved under section 192A(g)(1,) ance under the national service laws, that are graph (2), the Chief Executive Officer may per- shall establish, and may periodically alter, pri- consistent with the principles on which citizen- mit a State that demonstrates hardship or a new orities regarding the types of national service ship programs administered by U.S. Citizenship State Commission to meet alternative matching programs and corps to be assisted under section and Immigration Services are based, relating to requirements for such a grant as follows: 129 and the purposes for which such assistance the promotion of citizenship and civic engage- ‘‘(A) FIRST $100,000.—For the first $100,000 of may be used. grant funds provided by the Corporation, the ‘‘(B) BY STATES.—Consistent with paragraph ment among participants in approved national service positions and approved summer of serv- State involved shall not be required to provide (4), States shall establish, and through the na- matching funds. tional service plan process described in section ice positions, and appropriate to the age, edu- ‘‘(B) AMOUNTS GREATER THAN $100,000.—For 178(e)(1), periodically alter priorities as appro- cation, and experience of the participants. ‘‘(k) REPORT.—Not later than 60 days after grant amounts of more than $100,000 and not priate regarding the national service programs more than $250,000 provided by the Corporation, to be assisted under section 129(e). The State the end of each fiscal year for which the Cor- poration makes grants under section 121(a), the the State shall agree to provide matching funds priorities shall be subject to Corporation review from non-Federal sources of not less than $1 for as part of the application process under section Corporation shall prepare and submit to the authorizing committees a report containing— every $2 provided by the Corporation, in excess 130. of $100,000. ‘‘(2) NOTICE TO APPLICANTS.—The Corporation ‘‘(1) information describing how the Corpora- ‘‘(C) AMOUNTS GREATER THAN $250,000.—For shall provide advance notice to potential appli- tion allocated financial assistance and approved grant amounts of more than $250,000 provided cants of any national service priorities to be in national service positions among eligible entities by the Corporation, the State shall agree to pro- effect under this subsection for a fiscal year. proposed to carry out corps and national service vide matching funds from non-Federal sources The notice shall specifically include— programs described in this section for that fiscal ‘‘(A) a description of any alteration made in year; of not less than $1 for every $1 provided by the the priorities since the previous notice; and ‘‘(2) information describing the amount of fi- Corporation, in excess of $250,000.’’; ‘‘(B) a description of the national service pro- nancial assistance and the number of approved (2) by striking subsection (b) and inserting the grams that are designated by the Corporation national service positions the Corporation pro- following: under section 133(d)(2) as eligible for priority vided to each corps and national service pro- ‘‘(b) DISASTER SERVICE.—The Corporation consideration in the next competitive distribu- gram described in this section for that fiscal may undertake activities, including activities tion of assistance under section 121(a). year; carried out through part A of title I of the Do- ‘‘(3) REGULATIONS.—The Corporation shall by ‘‘(3) a measure of the extent to which the mestic Volunteer Service Act of 1973 (42 U.S.C. regulation establish procedures to ensure the eq- corps and national service programs improved 4951 et seq.), to involve programs that receive as- uitable treatment of national service programs performance on the corresponding indicators; sistance under the national service laws in dis- that— and aster relief efforts, and to support, including ‘‘(A) receive funding under this subtitle for ‘‘(4) information describing how the Corpora- through mission assignments under the Robert multiple years; and tion is coordinating— T. Stafford Disaster Relief and Emergency As- ‘‘(B) would be adversely affected by annual ‘‘(A) the national service programs funded sistance Act (42 U.S.C. 5121 et seq.), nonprofit revisions in such national service priorities. under this section; with organizations and public agencies responding to

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the needs of communities experiencing disas- ‘‘(2) EQUITABLE TREATMENT.—In the consider- priations are insufficient to provide the max- ters.’’; and ation of applications for such grants, the Cor- imum allowable national service educational (3) in subsection (c)— poration shall ensure the equitable treatment of awards under subtitle D for all eligible partici- (A) in paragraph (1), by striking ‘‘to national applicants from urban areas, applicants from pants, the Corporation is authorized to make service programs that receive assistance under rural areas, applicants of diverse sizes (as meas- necessary and reasonable adjustments to pro- section 121’’ and inserting ‘‘to programs sup- ured by the number of participants served), ap- gram rules. ported under the national service laws’’; and plicants from States, and applicants from na- ‘‘(i) SPONSORSHIP OF APPROVED NATIONAL (B) by striking paragraph (3) and inserting tional nonprofit organizations. SERVICE POSITIONS.— the following: ‘‘(3) ENCORE SERVICE PROGRAMS.—In making ‘‘(1) SPONSORSHIP AUTHORIZED.—The Corpora- ‘‘(3) AMOUNT OF ASSISTANCE.—A challenge grants under this subsection for a fiscal year, tion may enter into agreements with persons or grant under this subsection may provide, for an the Corporation shall make an effort to allocate entities who offer to sponsor national service po- initial 3-year grant period, not more than $1 of not less than 10 percent of the financial assist- sitions for which the person or entity will be re- assistance under this subsection for each $1 in ance and approved national service positions sponsible for supplying the funds necessary to cash raised from private sources by the program provided through the grants for that fiscal year provide a national service educational award. supported under the national service laws in ex- to eligible entities proposing to carry out encore The distribution of those approved national cess of amounts required to be provided by the service programs, unless the Corporation does service positions shall be made pursuant to the program to satisfy matching funds requirements. not receive a sufficient number of applications agreement, and the creation of those positions After an initial 3-year grant period, a grant of adequate quality to justify making that per- shall not be taken into consideration in deter- under this subsection may provide not more centage available to those eligible entities. mining the number of approved national service than $1 of assistance under this subsection for ‘‘(4) CORPS PROGRAMS.—In making grants positions to be available for distribution under each $2 in cash raised from private sources by under this subsection for a fiscal year, the Cor- this section. the program in excess of amounts required to be poration— ‘‘(2) DEPOSIT OF CONTRIBUTION.—Funds pro- provided by the program to satisfy matching ‘‘(A) shall select 2 or more of the national vided pursuant to an agreement under para- funds requirements. The Corporation may per- service corps described in section 122(a) to re- graph (1) shall be deposited in the National mit the use of local or State funds under this ceive grants under this subsection; and Service Trust established in section 145 until paragraph in lieu of cash raised from private ‘‘(B) may select national service programs de- such time as the funds are needed. sources if the Corporation determines that such scribed in section 122(b) to receive such grants. ‘‘(j) RESERVATION OF FUNDS FOR SPECIAL AS- use would be equitable due to a lack of available ‘‘(e) ALLOTMENT TO CERTAIN STATES ON FOR- SISTANCE.— private funds at the local level. The Corporation MULA BASIS.— ‘‘(1) RESERVATION.—From amounts appro- shall establish a ceiling on the amount of assist- ‘‘(1) GRANTS.—Of the funds allocated by the priated for a fiscal year pursuant to the author- ance that may be provided to a national service Corporation for provision of assistance under ization of appropriations in section 501(a)(2) program under this subsection.’’. section 121(a) for a fiscal year, the Corporation and allocated to carry out subtitle C and subject SEC. 1306. ALLOCATION OF ASSISTANCE TO shall make a grant to each of the several States, to the limitation in such section, the Corpora- STATES AND OTHER ELIGIBLE ENTI- the District of Columbia, and the Common- tion may reserve such amount as the Corpora- TIES. wealth of Puerto Rico that submits an application considers to be appropriate for the purpose Section 129 (42 U.S.C. 12581) is amended to tion under section 130 that is approved by the of making assistance available under sub- read as follows: Corporation. sections (b) and (c) of section 126. ‘‘SEC. 129. PROVISION OF ASSISTANCE AND AP- ‘‘(2) ALLOTMENTS.—The Corporation shall ‘‘(2) LIMITATION.—The amount reserved under PROVED NATIONAL SERVICE POSI- allot for a grant to each such State under this paragraph (1) for a fiscal year may not exceed TIONS. subsection for a fiscal year an amount that $10,000,000. ‘‘(a) ONE PERCENT ALLOTMENT FOR CERTAIN bears the same ratio to 35.3 percent of the allo- ‘‘(3) TIMING.—The Corporation shall reserve TERRITORIES.—Of the funds allocated by the cated funds for that fiscal year as the popu- such amount, and any amount reserved under Corporation for provision of assistance under lation of the State bears to the total population subsection (k) from funds appropriated and allo- section 121(a) for a fiscal year, the Corporation of the several States, the District of Columbia, cated to carry out subtitle C, before allocating shall reserve 1 percent for grants to the United and the Commonwealth of Puerto Rico, in com- funds for the provision of assistance under any States Virgin Islands, Guam, American Samoa, pliance with paragraph (3). other provision of this subtitle. and the Commonwealth of the Northern Mar- ‘‘(3) MINIMUM AMOUNT.—Notwithstanding ‘‘(k) RESERVATION OF FUNDS TO INCREASE THE iana Islands upon approval by the Corporation paragraph (2), the minimum grant made avail- PARTICIPATION OF INDIVIDUALS WITH DISABIL- of an application submitted under section 130. able to each State approved by the Corporation ITIES.— The Corporation shall allot for a grant to each under paragraph (1) for each fiscal year shall be ‘‘(1) RESERVATION.—To make grants to public such territory under this subsection for a fiscal at least $600,000, or 0.5 percent of the amount al- or private nonprofit organizations to increase year an amount that bears the same ratio to 1 located for the State formula under this sub- the participation of individuals with disabilities percent of the allocated funds for that fiscal section for the fiscal year, whichever is greater. in national service and for demonstration activi- year as the population of the territory bears to ‘‘(f) EFFECT OF FAILURE TO APPLY.—If a ties in furtherance of this purpose, and subject the total population of all such territories. State or territory fails to apply for, or fails to to the limitation in paragraph (2), the Chief Ex- ‘‘(b) ALLOTMENT FOR INDIAN TRIBES.—Of the give notice to the Corporation of its intent to ecutive Officer shall reserve not less than 2 per- funds allocated by the Corporation for provision apply for, an allotment under this section, or cent from the amounts, appropriated to carry of assistance under section 121(a) for a fiscal the Corporation does not approve the applica- out subtitles C, D, E, and H for each fiscal year. year, the Corporation shall reserve at least 1 tion consistent with section 133, the Corporation ‘‘(2) LIMITATION.—The amount reserved under percent for grants to Indian tribes to be allotted may use the amount that would have been allot- paragraph (1) for a fiscal year may not exceed by the Corporation on a competitive basis. ted under this section to the State or territory $20,000,000. ‘‘(c) RESERVATION OF APPROVED POSITIONS.— to— ‘‘(3) REMAINDER.—The Chief Executive Officer The Corporation shall ensure that each indi- ‘‘(1) make grants (and provide approved na- may use the funds reserved under paragraph vidual selected during a fiscal year for assign- tional service positions in connection with such (1), and not distributed to make grants under ment as a VISTA volunteer under title I of the grants) to other community-based entities under this subsection for other activities described in Domestic Volunteer Service Act of 1973 (42 section 121 that propose to carry out national section 501(a)(2). U.S.C. 4951 et seq.) or as a participant in the service programs in such State or territory; and ‘‘(l) AUTHORITY FOR FIXED-AMOUNT National Civilian Community Corps Program ‘‘(2) make reallotments to other States or terri- GRANTS.— under subtitle E shall receive the national serv- tories with approved applications submitted ‘‘(1) IN GENERAL.— ice educational award described in subtitle D if under section 130, from the allotment funds not ‘‘(A) AUTHORITY.—From amounts appro- the individual satisfies the eligibility require- used to make grants as described in paragraph priated for a fiscal year to provide financial as- ments for the award. Funds for approved na- (1). sistance under the national service laws, the tional service positions required by this para- ‘‘(g) APPLICATION REQUIRED.—The Corpora- Corporation may provide assistance in the form graph for a fiscal year shall be deducted from tion shall make an allotment of assistance (in- of fixed-amount grants in an amount deter- the total funding for approved national service cluding the provision of approved national serv- mined by the Corporation under paragraph (2) positions to be available for distribution under ice positions) to a recipient under this section rather than on the basis of actual costs incurred subsections (d) and (e) for that fiscal year. only pursuant to an application submitted by a by a program. ‘‘(d) ALLOTMENT FOR COMPETITIVE GRANTS.— State or other applicant under section 130. ‘‘(B) LIMITATION.—Other than fixed-amount ‘‘(1) IN GENERAL.—Of the funds allocated by ‘‘(h) APPROVAL OF POSITIONS SUBJECT TO grants to support programs described in section the Corporation for provision of assistance AVAILABLE FUNDS.—The Corporation may not 129A, for the 1-year period beginning on the ef- under section 121(a) for a fiscal year and subject approve positions as approved national service fective date of the Serve America Act, the Cor- to section 133(d)(3), the Corporation shall re- positions under this subtitle for a fiscal year in poration may provide assistance in the form of serve not more than 62.7 percent for grants excess of the number of such positions for which fixed-amount grants to programs that only offer awarded on a competitive basis to States speci- the Corporation has sufficient available funds full-time positions. fied in subsection (e)(1) for national service pro- in the National Service Trust for that fiscal ‘‘(2) DETERMINATION OF AMOUNT OF FIXED- grams, to nonprofit organizations seeking to op- year, taking into consideration funding needs AMOUNT GRANTS.—A fixed-amount grant author- erate a national service program in 2 or more of for national service educational awards under ized by this subsection shall be in an amount de- those States, and to Indian tribes. subtitle D based on completed service. If appro- termined by the Corporation that is—

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STATE SELECTION OF PROGRAMS. stitution of higher education’’; and ‘‘(B) based on an amount per individual en- Section 130 (42 U.S.C. 12582) is amended— (iv) in subparagraph (B)— rolled in the program receiving the grant, taking (1) in subsection (a)— (I) by inserting after ‘‘subdivision of a State,’’ into account— (A) by striking ‘‘section 121’’ and inserting the following: ‘‘territory,’’; and ‘‘(i) the capacity of the entity carrying out the ‘‘section 121(a)’’; (II) by striking ‘‘institution of higher edu- program to manage funds and achieve pro- (B) by inserting after ‘‘assistance, a State,’’ cation, or Federal agency’’ and inserting ‘‘or in- grammatic results; the following: ‘‘territory,’’; and stitution of higher education’’; and ‘‘(ii) the number of approved national service (C) by striking ‘‘institution of higher edu- (8) by amending subsection (h) (as so redesig- positions, approved silver scholar positions, or cation, or Federal agency’’ and inserting ‘‘or in- nated) to read as follows: approved summer of service positions for the stitution of higher education’’; ‘‘(h) LIMITATION ON SAME PROJECT RECEIVING program, if applicable; (2) in subsection (b)— MULTIPLE GRANTS.—Unless specifically author- ‘‘(iii) the proposed design of the program; (A) in paragraph (9), by striking ‘‘section ized by law, the Corporation may not provide ‘‘(iv) whether the program provides service to, 122(c)’’ and inserting ‘‘section 122(f)’’; and more than 1 grant under the national service or involves the participation of, disadvantaged (B) in paragraph (12), by inserting ‘‘munici- laws for a fiscal year to support the same youth or otherwise would reasonably incur a palities and governments of counties in which project under the national service laws.’’. relatively higher level of costs; and such a community is located,’’ after ‘‘providing SEC. 1309. NATIONAL SERVICE PROGRAM ASSIST- ‘‘(v) such other factors as the Corporation services,’’; ANCE REQUIREMENTS. may consider under section 133 in considering (3) in subsection (c)— Section 131(c) (42 U.S.C. 12583(c)) is amend- applications for assistance. (A) in paragraph (1)— ed— ‘‘(3) REQUIREMENTS FOR GRANT RECIPIENTS.— (i) by striking ‘‘jobs or positions’’ and insert- (1) in paragraph (1), by striking subparagraph In awarding a fixed-amount grant under this ing ‘‘proposed positions’’; and (A) and inserting the following: subsection, the Corporation— (ii) by striking ‘‘, including’’ and all that fol- ‘‘(A) the community served, the municipality ‘‘(A) shall require the grant recipient— lows through the period at the end and insert- and government of the county (if appropriate) ‘‘(i) to return a pro rata amount of the grant ing a period; in which the community is located, and poten- funds based upon the difference between the (B) in paragraph (2), by inserting ‘‘proposed’’ tial participants in the program; and’’; and number of hours served by a participant and the before ‘‘minimum’’; and (2) by striking paragraph (3) and inserting the minimum number of hours for completion of a (C) by adding at the end the following: following: term of service (as established by the Corpora- ‘‘(3) In the case of a nonprofit organization ‘‘(3) in the case of a program that is not fund- tion); intending to operate programs in 2 or more ed through a State (including a national service ‘‘(ii) to report on the program’s performance States, a description of the manner in which program that a nonprofit organization seeks to on standardized measures and performance lev- and extent to which the organization consulted operate in 2 or more States), consult with and els established by the Corporation; with the State Commissions of each State in coordinate activities with the State Commission ‘‘(iii) to cooperate with any evaluation activi- which the organization intends to operate and for each State in which the program will oper- ties undertaken by the Corporation; and the nature of the consultation.’’; ‘‘(iv) to provide assurances that additional ate, and the Corporation shall obtain confirma- (4) in subsection (d)(1)— tion from the State Commission that the appli- funds will be raised in support of the program, (A) in subparagraphs (A) and (B), by striking in addition to those received under the national cant seeking assistance under this Act has con- ‘‘subsection (a) or (b) of section 121’’ and insert- sulted with and coordinated with the State service laws; and ing ‘‘section 121(a)’’; ‘‘(B) may adopt other terms and conditions Commission when seeking to operate the pro- (B) in subparagraph (B), by striking ‘‘section gram in that State.’’. that the Corporation considers necessary or ap- 122(a)’’ and inserting ‘‘subsection (a), (b), or (c) propriate based on the relative risks (as deter- of section 122’’; SEC. 1310. PROHIBITED ACTIVITIES AND INELI- GIBLE ORGANIZATIONS. mined by the Corporation) associated with any (5) by redesignating subsections (d) through Subtitle C of title I (42 U.S.C. 12571 et seq.) is application for a fixed-amount grant. (g) as subsections (e) through (h), respectively amended by inserting after section 132 the fol- ‘‘(4) OTHER REQUIREMENTS NOT APPLICABLE.— and inserting after subsection (c) the following: lowing: Limitations on administrative costs and match- ‘‘(d) ADDITIONAL REQUIRED APPLICATION IN- ing fund documentation requirements shall not FORMATION.—An application submitted under ‘‘SEC. 132A. PROHIBITED ACTIVITIES AND INELI- apply to fixed-amount grants provided in ac- subsection (a) for programs described in 122(a) GIBLE ORGANIZATIONS. cordance with this subsection. shall also contain— ‘‘(a) PROHIBITED ACTIVITIES.—An approved ‘‘(5) RULE OF CONSTRUCTION.—Nothing in this ‘‘(1) measurable goals, to be used for annual national service position under this subtitle may subsection shall relieve a grant recipient of the measurements of the program’s performance on not be used for the following activities: responsibility to comply with the requirements 1 or more of the corresponding indicators de- ‘‘(1) Attempting to influence legislation. of chapter 75 of title 31, United States Code, or scribed in section 122; ‘‘(2) Organizing or engaging in protests, peti- other requirements of Office of Management and ‘‘(2) information describing how the applicant tions, boycotts, or strikes. Budget Circular A–133.’’. proposes to utilize funds to improve performance ‘‘(3) Assisting, promoting, or deterring union SEC. 1307. ADDITIONAL AUTHORITY. on the corresponding indicators utilizing par- organizing. Part II of subtitle C of title I is amended by ticipants, including describing the activities in ‘‘(4) Impairing existing contracts for services inserting after section 129 (42 U.S.C. 12581) the which such participants will engage to improve or collective bargaining agreements. following: performance on those indicators; ‘‘(5) Engaging in partisan political activities, ‘‘SEC. 129A. EDUCATIONAL AWARDS ONLY PRO- ‘‘(3) information identifying the geographical or other activities designed to influence the out- GRAM. area in which the eligible entity proposing to come of an election to Federal office or the out- ‘‘(a) IN GENERAL.—From amounts appro- carry out the program proposes to use funds to come of an election to a State or local public of- priated for a fiscal year to provide financial as- improve performance on the corresponding indi- fice. sistance under this subtitle and consistent with cators, and demographic information on the stu- ‘‘(6) Participating in, or endorsing, events or the restriction in subsection (b), the Corporation dents or individuals, as appropriate, in such activities that are likely to include advocacy for may, through fixed-amount grants (in accord- area, and statistics demonstrating the need to or against political parties, political platforms, ance with section 129(l)), provide operational improve such indicators in such area; and political candidates, proposed legislation, or support to programs that receive approved na- ‘‘(4) if applicable, information on how the eli- elected officials. tional service positions but do not receive funds gible entity will work with other community- ‘‘(7) Engaging in religious instruction, con- under section 121(a). based entities to carry out activities to improve ducting worship services, providing instruction ‘‘(b) LIMIT ON CORPORATION GRANT FUNDS.— performance on the corresponding indicators as part of a program that includes mandatory The Corporation may provide the operational using such funds.’’; religious instruction or worship, constructing or support under this section for a program in an (6) in paragraph (2)(A) of subsection (f) (as so operating facilities devoted to religious instruc- amount that is not more than $800 per indi- redesignated), by striking ‘‘were selected’’ and tion or worship, maintaining facilities primarily vidual enrolled in an approved national service inserting ‘‘were or will be selected’’; or inherently devoted to religious instruction or position, or not more than $1,000 per such indi- (7) in subsection (g) (as so redesignated)— worship, or engaging in any form of proselytiza- vidual if at least 50 percent of the persons en- (A) in paragraph (1), by striking ‘‘a program tion, consistent with section 132. rolled in the program are disadvantaged youth. applicant’’ and inserting ‘‘an applicant’’; and ‘‘(8) Consistent with section 132, providing a ‘‘(c) INAPPLICABLE PROVISIONS.—The fol- (B) in paragraph (2)— direct benefit to any— lowing provisions shall not apply to programs (i) in the heading, by striking ‘‘PROGRAM AP- ‘‘(A) business organized for profit; funded under this section: PLICANT’’ and inserting ‘‘APPLICANT’’; ‘‘(B) labor union; ‘‘(1) The limitation on administrative costs (ii) in the matter preceding subparagraph (A), ‘‘(C) partisan political organization; under section 121(d). by striking ‘‘program applicant’’ and inserting ‘‘(D) nonprofit organization that fails to com- ‘‘(2) The matching funds requirements under ‘‘applicant’’; ply with the restrictions contained in section section 121(e). (iii) in subparagraph (A)— 501(c) of the Internal Revenue Code of 1986, ex- ‘‘(3) The living allowance and other benefits (I) by inserting after ‘‘subdivision of a State,’’ cept that nothing in this paragraph shall be under sections 131(e) and 140 (other than indi- the following: ‘‘territory,’’; and construed to prevent participants from engaging

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.013 H31MRPT1 jbell on PROD1PC69 with HOUSE H4158 CONGRESSIONAL RECORD — HOUSE March 31, 2009 in advocacy activities undertaken at their own (A) in the matter preceding paragraph (1), by (E) in paragraph (4), by striking ‘‘a reduced initiative; and striking ‘‘section 122(a)(2) or a program de- term of service under section 139(b)(3)’’ and in- ‘‘(E) organization engaged in the religious ac- scribed in section 122(a)(9)’’ and inserting ‘‘sec- serting ‘‘a term of service that is less than 12 tivities described in paragraph (7), unless the tion 122(a)(3)(B)(x)’’; and months’’; position is not used to support those religious (B) in paragraph (1), by striking ‘‘paragraph (2) in subsection (b), by striking ‘‘shall in- activities. (4)’’ and inserting ‘‘paragraph (3)’’; and clude an amount sufficient to cover 85 percent ‘‘(9) Providing abortion services or referrals (3) in subsection (c), by striking ‘‘(a)(5)’’ and of such taxes’’ and all that follows through the for receipt of such services. inserting ‘‘(a)(4)’’. period at the end and inserting ‘‘may be used to ‘‘(10) Conducting a voter registration drive or SEC. 1313. SELECTION OF NATIONAL SERVICE pay the taxes described in this subsection.’’; using Corporation funds to conduct a voter reg- PARTICIPANTS. (3) in subsection (c)— istration drive. Section 138 (42 U.S.C. 12592) is amended— (A) in the matter preceding paragraph (1)— (i) by striking ‘‘section 122(a)(8)’’ and insert- ‘‘(11) Carrying out such other activities as the (1) in subsection (a), by striking ‘‘conducted ing ‘‘section 122(c)(1)(D)’’; and Corporation may prohibit. by the State’’ and all that follows through ‘‘or (ii) by striking ‘‘subsection (a)(3)’’ and insert- ‘‘(b) INELIGIBILITY.—No assistance provided other entity’’ and inserting ‘‘conducted by the under this subtitle may be provided to any orga- ing ‘‘subsection (a)(2)’’; entity’’; and (B) in paragraph (1), by adding ‘‘and’’ at the nization that has violated a Federal criminal (2) in subsection (e)(2)(C), by inserting before end; statute. the semicolon at the end the following: ‘‘, par- (C) by striking paragraph (2); and ‘‘(c) NONDISPLACEMENT OF EMPLOYED WORK- ticularly those who were considered, at the time (D) by redesignating paragraph (3) as para- ERS OR OTHER VOLUNTEERS.—A participant in of their service, disadvantaged youth’’. graph (2); an approved national service position under this SEC. 1314. TERMS OF SERVICE. (4) in subsection (d)— subtitle may not be directed to perform any serv- Section 139 (42 U.S.C. 12593) is amended— (A) in paragraph (1)— ices or duties, or to engage in any activities, (1) in subsection (b)— (i) by striking ‘‘shall provide’’ and inserting prohibited under the nonduplication, non- (A) in paragraph (1), by striking ‘‘not less ‘‘shall provide or make available’’; and displacement, or nonsupplantation requirements than 9 months and’’; (ii) by striking the second sentence; and (B) in paragraph (2), by striking ‘‘provide relating to employees and volunteers in section (B) in paragraph (2), by striking ‘‘during a from its own funds’’ and inserting ‘‘provide 177.’’. period of—’’ and all that follows through the SEC. 1311. CONSIDERATION OF APPLICATIONS. from its own funds or make available’’; and period at the end and inserting ‘‘during a period (5) by striking subsections (g) and (h). Section 133 (42 U.S.C. 12585) is amended— of not more than 2 years.’’; and (1) in subsection (b)(2)(B), by striking ‘‘jobs (C) by adding at the end the following: Subtitle D—Amendments to Subtitle D (Na- tional Service Trust and Provision of Na- or’’; ‘‘(4) EXTENSION OF TERM FOR DISASTER PUR- tional Service Educational Awards) (2) in subsection (d)— POSES.— (A) in paragraph (2)— ‘‘(A) EXTENSION.—An individual in an ap- SEC. 1401. AVAILABILITY OF FUNDS IN THE NA- (i) in the matter preceding subparagraph proved national service position performing TIONAL SERVICE TRUST. (A)— service directly related to disaster relief efforts (a) SUBTITLE HEADING.—The subtitle heading (I) by striking ‘‘section 122(a)’’ and inserting may continue in a term of service for a period of for subtitle D of title I is amended to read as fol- ‘‘subsection (a), (b), or (c) of section 122’’; and 90 days beyond the period otherwise specified lows: (II) by striking ‘‘section 129(d)(2)’’ and insert- in, as appropriate, this subsection or section ‘‘Subtitle D—National Service Trust and ing ‘‘section 129(d)’’; 153(d) or in section 104 of the Domestic Volun- Provision of Educational Awards’’. (ii) by striking subparagraphs (A) through (G) teer Service Act of 1973 (42 U.S.C. 4954). (b) ESTABLISHMENT OF TRUST.—Section 145 (42 and inserting the following: ‘‘(B) SINGLE TERM OF SERVICE.—A period of U.S.C. 12601) is amended— ‘‘(A) national service programs that— service performed by an individual in an origi- (1) in subsection (a)— ‘‘(i) conform to the national service priorities nally-agreed to term of service and service per- (A) in paragraph (1)— in effect under section 122(f); formed under this paragraph shall constitute a (i) in the matter preceding subparagraph (A), ‘‘(ii) are innovative; and single term of service for purposes of subsections by striking ‘‘pursuant to section 501(a)(2)’’; and (ii) in subparagraph (A), by inserting after ‘‘(iii) are well established in 1 or more States (b)(1) and (c) of section 146. ‘‘national service educational awards’’ the fol- at the time of the application and are proposed ‘‘(C) BENEFITS.—An individual performing lowing: ‘‘, summer of service educational to be expanded to additional States using assist- service under this paragraph may continue to awards, and silver scholar educational ance provided under section 121; receive a living allowance and other benefits awards’’; ‘‘(B) grant programs in support of other na- under section 140 but may not receive an additional service programs if the grant programs (B) in paragraph (2)— tional national service educational award under (i) by striking ‘‘pursuant to section 196(a)(2)’’ are to be conducted by nonprofit organizations section 141.’’; and and inserting ‘‘pursuant to section 196(a)(2), if with demonstrated and extensive expertise in (2) in subsection (c)— the terms of such donations direct that the do- the provision of services to meet human, edu- (A) in paragraph (1)(A), by striking ‘‘as dem- nated amounts be deposited in the National cational, environmental, or public safety needs; onstrated by the participant’’ and inserting ‘‘as Service Trust’’; and and determined by the organization responsible for (ii) by striking ‘‘and’’ at the end; ‘‘(C) professional corps programs described in granting the release, if the participant has oth- (C) by redesignating paragraph (3) as para- section 122(c)(1)(D).’’; and erwise performed satisfactorily and has com- graph (4); and (B) in paragraph (3), by striking ‘‘section pleted at least 15 percent of the term of service’’; (D) by inserting after paragraph (2) the fol- 129(d)(2)’’ and inserting ‘‘section 129(d)’’; and lowing: (3) in subsection (e), by striking ‘‘subsections (B) in paragraph (2)— ‘‘(3) any amounts recovered by the Corpora- (a) and (d)(1) of section 129’’ and inserting (i) in subparagraph (A), by striking ‘‘provide tion pursuant to section 146A; and’’; ‘‘subsections (d) and (e) of section 129’’; to the participant that portion of the national (2) in subsection (c), by striking ‘‘for pay- (4) in subsection (f)— service educational award’’ and inserting ‘‘cer- ments of national service educational awards in (A) in paragraph (1), by striking ‘‘section tify the participant’s eligibility for that portion accordance with section 148.’’ and inserting 129(a)(1)’’ and inserting ‘‘section 129(e)’’; and of the national service educational award’’; and ‘‘for— (B) in paragraph (3)— (ii) in subparagraph (B), by striking ‘‘to allow ‘‘(1) payments of national service educational (i) by striking ‘‘section 129(a)’’ and inserting return to the program with which the individual awards, summer of service educational awards, ‘‘section 129(e)’’; and was serving in order’’. and silver scholar educational awards in ac- (ii) by striking ‘‘paragraph (3) of such sub- SEC. 1315. ADJUSTMENTS TO LIVING ALLOWANCE. cordance with section 148; and ‘‘(2) payments of interest in accordance with section’’ and inserting ‘‘section 129(f)’’; Section 140 (42 U.S.C. 12594) is amended— section 148(e).’’; and (5) by redesignating subsection (f) as sub- (1) in subsection (a)— section (g); and (3) in subsection (d)— (A) in paragraph (1), by striking ‘‘paragraph (A) in the subsection heading, by striking (6) by inserting after subsection (e) the fol- (3)’’ and inserting ‘‘paragraphs (2) and (3)’’; lowing: ‘‘CONGRESS’’ and inserting ‘‘THE AUTHORIZING (B) by striking paragraph (2); COMMITTEES’’; ‘‘(f) VIEWS OF STATE COMMISSION.—In making (C) by redesignating paragraph (3) as para- (B) in the matter preceding paragraph (1), by competitive awards under section 129(d), the graph (2); striking ‘‘the Congress’’ and inserting ‘‘the au- Corporation shall solicit and consider the views (D) by inserting after paragraph (2) (as so re- thorizing committees’’; of a State Commission regarding any applica- designated) the following: (C) in paragraphs (2), (3), and (4), by insert- tion for assistance to carry out a national serv- ‘‘(3) FEDERAL WORK-STUDY STUDENTS.—The ing ‘‘, summer of service educational awards, or ice program within the State.’’. living allowance that may be provided under silver scholar awards’’ after ‘‘national service SEC. 1312. DESCRIPTION OF PARTICIPANTS. paragraph (1) to an individual whose term of educational awards’’ each place the term ap- Section 137 (42 U.S.C. 12591) is amended— service includes hours for which the individual pears; and (1) in subsection (a)— receives a Federal work-study award under part (D) in paragraph (4)— (A) by striking paragraph (3); and C of title IV of the Higher Education Act of 1965 (i) by inserting ‘‘, additional approved summer (B) by redesignating paragraphs (4), (5), and (42 U.S.C. 2751 et seq.) shall be reduced by the of service positions, and additional approved sil- (6) as paragraphs (3), (4), and (5), respectively; amount of the individual’s Federal work study ver scholar positions’’ after ‘‘additional ap- (2) in subsection (b)— award.’’; and proved national service positions’’; and

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.013 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4159 (ii) by striking ‘‘under subtitle C’’. (iii) by inserting ‘‘or a silver scholar edu- ‘‘SEC. 147. DETERMINATION OF THE AMOUNT OF SEC. 1402. INDIVIDUALS ELIGIBLE TO RECEIVE cational award’’ after ‘‘national service edu- THE EDUCATIONAL AWARD.’’; and AN EDUCATIONAL AWARD FROM THE cational award’’; (2) by amending subsection (a) to read as fol- TRUST. (iv) by inserting ‘‘or an approved silver schol- lows: Section 146 (42 U.S.C. 12602) is amended— ar position, as applicable,’’ after ‘‘approved na- ‘‘(a) AMOUNT FOR FULL-TIME NATIONAL SERV- (1) by striking the section heading and insert- tional service position’’; and ICE.—Except as provided in subsection (c), an ing the following: (v) by adding at the end the following: ‘‘Sub- individual described in section 146(a) who successfully completes a required term of full-time ‘‘SEC. 146. INDIVIDUALS ELIGIBLE TO RECEIVE AN ject to paragraph (2), an individual eligible to EDUCATIONAL AWARD FROM THE receive a summer of service educational award national service in an approved national service TRUST.’’; and under this section may not use such award after position shall receive a national service edu- (2) in subsection (a)— the end of the 10-year period beginning on the cational award having a value equal to the (A) in the matter preceding paragraph (1)— date the individual completes the term of service maximum amount of a Federal Pell Grant under (i) by inserting ‘‘, summer of service edu- in an approved summer of service position that section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) that a student eligible for such cational award, or silver scholar educational is the basis of the award.’’; Grant may receive in the aggregate (without re- award’’ after ‘‘national service educational (B) in paragraph (2)— gard to whether the funds are provided through award’’; and (i) in the matter preceding subparagraph (A) discretionary or mandatory appropriations), for (ii) by striking ‘‘if the individual’’ and insert- and in subparagraph (A), by inserting ‘‘, sum- the award year for which the national service ing ‘‘if the organization responsible for the indi- mer of service educational award, or silver vidual’s supervision in a national service pro- position is approved by the Corporation.’’; scholar educational award’’ after ‘‘national (3) in subsection (b), by striking ‘‘, for each of gram certifies that the individual’’; service educational award’’; (B) by striking paragraphs (1), (2), and (3) not more than 2 of such terms of service,’’; and (ii) in subparagraph (A), by inserting ‘‘, or 10- (4) by adding at the end the following: and inserting the following: year period, as appropriate’’ after ‘‘7-year pe- ‘‘(d) AMOUNT FOR SUMMER OF SERVICE.—An ‘‘(1) met the applicable eligibility requirements riod’’; and individual described in section 146(a) who suc- for the approved national service position, ap- (iii) in subparagraph (B), by inserting ‘‘, ap- cessfully completes a required summer of service proved silver scholar position, or approved sum- proved summer of service position, or approved term shall receive a summer of service edu- mer of service position, as appropriate, in which silver scholar position’’ after ‘‘approved na- cational award having a value, for each of not the individual served; tional service position’’; and more than 2 of such terms of service, equal to ‘‘(2)(A) for a full-time or part-time national (C) by adding at the end the following: $500 (or, at the discretion of the Chief Executive service educational award, successfully com- ‘‘(3) TERM FOR TRANSFERRED EDUCATIONAL Officer, equal to $750 in the case of a partici- pleted the required term of service described in AWARDS.—For purposes of applying paragraphs pant who is economically disadvantaged). subsection (b)(1) in the approved national serv- (1) and (2)(A) to an individual who is eligible to ‘‘(e) AMOUNT FOR SILVER SCHOLARS.—An indi- ice position; receive an educational award as a designated vidual described in section 146(a) who success- ‘‘(B) for a partial educational award in ac- individual (as defined in section 148(f)(8)), ref- fully completes a required silver scholar term cordance with section 139(c)— erences to a seven-year period shall be consid- shall receive a silver scholar educational award ‘‘(i) satisfactorily performed prior to being ered to be references to a 10-year period that be- having a value of $1,000.’’. granted a release for compelling personal cir- gins on the date the individual who transferred SEC. 1405. DISBURSEMENT OF EDUCATIONAL cumstances under such section; and the educational award to the designated indi- AWARDS. ‘‘(ii) completed at least 15 percent of the re- vidual completed the term of service in the ap- Section 148 (42 U.S.C. 12604) is amended— quired term of service described in subsection (b) proved national service position or approved sil- (1) by striking the section heading and insert- for the approved national service position; ver scholar position that is the basis of the ing the following: ‘‘(C) for a summer of service educational award.’’; and ‘‘SEC. 148. DISBURSEMENT OF EDUCATIONAL award, successfully completed the required term (6) in subsection (e)(1)— AWARDS.’’; of service described in subsection (b)(2) in an (A) by inserting after ‘‘qualifying under this (2) in subsection (a)— approved summer of service position, as certified section’’ the following: ‘‘or under section (A) in paragraph (2), by striking ‘‘cost of at- through a process determined by the Corpora- 119(c)(8)’’; and tendance’’ and inserting ‘‘cost of attendance or tion through regulations consistent with section (B) by inserting after ‘‘to receive a national other educational expenses’’; 138(f); or service educational award’’ the following: ‘‘, a (B) in paragraph (3), by striking ‘‘and’’; (C) by redesignating paragraph (4) as para- ‘‘(D) for a silver scholar educational award, summer of service educational award, or a silver graph (5); and successfully completed the required term of serv- scholar educational award’’. ice described in subsection (b)(3) in an approved (D) by inserting after paragraph (3) the fol- SEC. 1403. CERTIFICATIONS. silver scholar position, as certified through a lowing: The Act is amended by adding after section process determined by the Corporation through ‘‘(4) to pay expenses incurred in enrolling in 146 (42 U.S.C. 12602) the following: regulations consistent with section 138(f); and’’. an educational institution or training establish- (C) by redesignating paragraph (4) as para- ‘‘SEC. 146A. CERTIFICATIONS OF SUCCESSFUL ment that is approved under chapter 36 of title graph (3); COMPLETION OF TERMS OF SERV- 38, United States Code, or other applicable pro- ICE. (3) in subsection (b)— visions of law, for offering programs of edu- (A) by striking ‘‘The term’’ and inserting the ‘‘(a) CERTIFICATIONS.—In making any author- cation, apprenticeship, or on-job training for following: ized disbursement from the National Service which educational assistance may be provided ‘‘(1) APPROVED NATIONAL SERVICE POSITION.— Trust in regard to an eligible individual (includ- by the Secretary of Veterans Affairs; and’’; The term’’; and ing disbursement for a designated individual, as (3) in subsection (b)— (A) in paragraph (1), by inserting after ‘‘the (B) by adding at the end the following: defined in section 148(f)(8), due to the service of national service educational award of the indi- ‘‘(2) APPROVED SUMMER OF SERVICE POSI- an eligible individual) under section 146 who vidual’’ the following: ‘‘, an eligible individual TION.—The term of service for an approved sum- served in an approved national service position, under section 146(a) who served in a summer of mer of service position shall not be less than 100 an approved summer of service position, or an service program and desires to apply that indi- hours of service during the summer months. approved silver scholar position, the Corpora- vidual’s summer of service educational award, ‘‘(3) APPROVED SILVER SCHOLAR POSITION.— tion shall rely on a certification. The certifi- or an eligible individual under section 146(a) The term of service for an approved silver schol- cation shall be made by the entity that selected who served in a silver scholar program and dear position shall be not less than 350 hours dur- the individual for and supervised the individual sires to apply that individual’s silver scholar ing a 1-year period.’’; in the approved national service position in (4) by striking subsection (c) and inserting the which such individual successfully completed a educational award,’’; (B) in paragraph (2), by inserting after ‘‘the following: required term of service, in a national service national service educational award’’ the fol- ‘‘(c) LIMITATION ON RECEIPT OF NATIONAL program. lowing: ‘‘, the summer of service educational SERVICE EDUCATIONAL AWARDS.—An individual ‘‘(b) EFFECT OF ERRONEOUS CERTIFICATIONS.— award, or the silver scholar educational award, may not receive, through national service edu- If the Corporation determines that the certifi- as applicable,’’; cational awards and silver scholar educational cation under subsection (a) is erroneous or in- correct, the Corporation shall assess against the (C) in paragraph (5), by inserting after ‘‘the awards, more than an amount equal to the ag- national service educational award’’ the fol- gregate value of 2 such awards for full-time national service program a charge for the amount of any associated payment or potential lowing: ‘‘, the summer of service educational service. The value of summer of service edu- award, or the silver scholar educational award, cational awards that an individual receives payment from the National Service Trust. In assessing the amount of the charge, the Corpora- as applicable’’; and shall have no effect on the aggregate value of (D) in paragraph (7)— the national service educational awards the in- tion shall consider the full facts and cir- (i) in subparagraph (A), by striking ‘‘and’’ at dividual may receive.’’; cumstances surrounding the erroneous or incor- the end; (5) in subsection (d)— rect certification.’’. (ii) in subparagraph (B), by striking the pe- (A) in paragraph (1)— SEC. 1404. DETERMINATION OF THE AMOUNT OF riod and inserting ‘‘; and’’; and (i) by striking ‘‘SEVEN-YEAR REQUIREMENT’’ THE EDUCATIONAL AWARD. (iii) by adding at the end the following: and inserting ‘‘IN GENERAL’’; Section 147 (42 U.S.C. 12603) is amended— ‘‘(C) any loan (other than a loan described in (ii) by striking ‘‘An’’ and inserting ‘‘Subject to (1) by striking the section heading and insert- subparagraph (A) or (B)) determined by an in- paragraph (2), an’’; ing the following: stitution of higher education to be necessary to

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.013 H31MRPT1 jbell on PROD1PC69 with HOUSE H4160 CONGRESSIONAL RECORD — HOUSE March 31, 2009 cover a student’s educational expenses and of the individual who is eligible to receive the ‘‘(i) enters into an enforceable agreement with made, insured, or guaranteed by— national service educational award or silver an individual participant to serve in a program ‘‘(i) an eligible lender, as defined in section scholar educational award, except that amounts carried out under subtitle E of title I of this Act, 435 of the Higher Education Act of 1965 (20 refunded to the account under subsection (c)(5) section 198B or 198C(a), or under title I of the U.S.C. 1085); on behalf of a designated individual may be Domestic Volunteer Service Act of 1973 (42 ‘‘(ii) the direct student loan program under used by the Corporation to fund additional U.S.C. 4951 et seq.), a summer of service program part D of title IV of such Act (20 U.S.C. 1087a placements in the national service program in described in section 119(c)(8), or a silver scholar- et seq.); which the eligible individual who transferred ship program described in section 198C(a); or ‘‘(iii) a State agency; or the national service educational award or silver ‘‘(ii) except as provided in clause (i), awards ‘‘(iv) a lender otherwise determined by the scholar educational award participated for such a grant to (or enters into a contract or coopera- Corporation to be eligible to receive disburse- award. tive agreement with) an entity to carry out a ments from the National Service Trust.’’; ‘‘(2) CONDITIONS FOR TRANSFER.—An edu- program for which such a position is approved (4) in subsection (c)— cational award may be transferred under this under section 123; and (A) in paragraph (1), by inserting after ‘‘na- subsection if— ‘‘(B) shall record as an obligation an estimate tional service educational award’’ the following: ‘‘(A)(i) the award is a national service edu- of the net present value of the national service ‘‘, an eligible individual under section 146(a) cational award for service in a national service educational award, summer of service edu- who desires to apply the individual’s summer of program that receives a grant under subtitle C; cational award, or silver scholar educational service educational award, or an eligible indi- and award associated with the position, based on a vidual under section 146(a) who served in a sil- ‘‘(ii) before beginning the term of service in- formula that takes into consideration historical ver scholar program and desires to apply that volved, the eligible individual is age 55 or older; rates of enrollment in such a program, and of individual’s silver scholar educational award,’’; or earning and using national service educational (B) in paragraph (2)— ‘‘(B) the award is a silver scholarship edu- awards, summer of service educational awards, (i) in subparagraph (A), by inserting after cational award under section 198C(a). or silver scholar educational awards, as appro- ‘‘national service educational award’’ the fol- ‘‘(3) MODIFICATION OR REVOCATION.— priate, for such a program and remain avail- lowing: ‘‘, summer of service educational award, ‘‘(A) IN GENERAL.—An individual transferring able. ‘‘(2) FORMULA.—In determining the formula or silver scholar educational award, as applica- an educational award under this subsection described in paragraph (1)(B), the Corporation ble,’’; and may, on any date on which a portion of the shall consult with the Director of the Congres- (ii) in subparagraph (C)(iii), by inserting after educational award remains unused, modify or sional Budget Office. ‘‘national service educational awards’’ the fol- revoke the transfer of the educational award ‘‘(3) CERTIFICATION REPORT.—The Chief Exec- lowing: ‘‘, summer of service educational with respect to that portion. utive Officer of the Corporation shall annually awards, or silver scholar educational awards, as ‘‘(B) NOTICE.—A modification or revocation of prepare and submit to the authorizing commit- applicable,’’; the transfer of an educational award under this tees a report that contains a certification that (C) in paragraph (3), by inserting after ‘‘na- paragraph shall be made by the submission of the Corporation is in compliance with the re- tional service educational awards’’ the fol- written notice to the Corporation. lowing: ‘‘summer of service educational awards, quirements of paragraph (1). ‘‘(4) PROHIBITION ON TREATMENT OF TRANS- ‘‘(4) APPROVAL.—The requirements of this or silver scholar educational awards’’; FERRED AWARD AS MARITAL PROPERTY.—An edu- (D) in paragraph (5)— subsection shall apply to each approved na- cational award transferred under this sub- tional service position, approved summer of serv- (i) in the first sentence, by inserting after section may not be treated as marital property, ‘‘national service educational award’’ the fol- ice position, or approved silver scholarship posi- or the asset of a marital estate, subject to divi- tion that the Corporation approves— lowing: ‘‘, summer of service educational award, sion in a divorce or other civil proceeding. or silver scholar educational award, as applica- ‘‘(A) during fiscal year 2010; and ‘‘(5) DEATH OF TRANSFEROR.—The death of an ‘‘(B) during any subsequent fiscal year. ble,’’; and individual transferring an educational award ‘‘(b) RESERVE ACCOUNT.— (ii) in the third sentence, by inserting before under this subsection shall not affect the use of ‘‘(1) ESTABLISHMENT AND CONTENTS.— the period the following: ‘‘, additional approved the educational award by the child, foster child, ‘‘(A) ESTABLISHMENT.—Notwithstanding sub- summer of service positions, and additional ap- or grandchild to whom the educational award is titles C, D, and H, and any other provision of proved silver scholar positions’’; and transferred if such educational award is trans- law, within the National Service Trust estab- (E) in paragraph (6)— ferred prior to the death of the individual. lished under section 145, the Corporation shall (i) in the matter preceding subparagraph (A), ‘‘(6) PROCEDURES TO PREVENT WASTE, FRAUD, establish a reserve account. by inserting after ‘‘national service educational OR ABUSE.—The Corporation shall establish re- ‘‘(B) CONTENTS.—To ensure the availability of award’’ the following: ‘‘, summer of service edu- quirements to prevent waste, fraud, or abuse in adequate funds to support the awards of ap- cational award, or silver scholar educational connection with the transfer of an educational proved national service positions, approved sum- award’’; award and to protect the integrity of the edu- mer of service positions, and approved silver (ii) in subparagraph (A), by inserting ‘‘and cational award under this subsection. scholar positions, for each fiscal year, the Cor- other educational expenses’’ after ‘‘cost of at- ‘‘(7) TECHNICAL ASSISTANCE.—The Corporation poration shall place in the account— tendance’’; and may, as appropriate, provide technical assist- ‘‘(i) during fiscal year 2010, a portion of the (iii) by striking subparagraph (B) and insert- ance, to individuals and eligible entities car- funds that were appropriated for fiscal year ing the following: rying out national service programs, concerning 2010 or a previous fiscal year under section 501 ‘‘(B) the student’s estimated financial assist- carrying out this subsection. of this Act or section 501 of the Domestic Volun- ance for such period under part A of title IV of ‘‘(8) DEFINITION OF A DESIGNATED INDI- teer Service Act of 1973 (42 U.S.C. 5081), were such Act (20 U.S.C. 1070 et seq.).’’; VIDUAL.—In this subsection, the term ‘des- made available to carry out subtitle C, D, or E (5) in subsection (d), by inserting after ‘‘na- ignated individual’ is an individual— of this title, section 198B or 198C(a), subtitle A tional service educational awards’’ the fol- ‘‘(A) whom an individual who is eligible to re- of title I of the Domestic Volunteer Service Act lowing: ‘‘, summer of service educational ceive a national service educational award or of 1973, or summer of service programs described awards, and silver scholar educational silver scholar educational award due to service in section 119(c)(8), and remain available; and awards’’; ‘‘(ii) during fiscal year 2011 or a subsequent in a program described in paragraph (2) des- (6) in subsection (e), by striking ‘‘subsection fiscal year, a portion of the funds that were ap- ignates to receive the educational award; (b)(6)’’ and inserting ‘‘subsection (b)(7)’’; propriated for that fiscal year under section 501 ‘‘(B) who meets the eligibility requirements of (7) in subsection (f)— of this Act or section 501 of the Domestic Volun- paragraphs (3) and (4) of section 146(a); and (A) by striking ‘‘Director’’ and inserting teer Service Act of 1973 (42 U.S.C. 5081), were ‘‘(C) who is a child, foster child, or grandchild ‘‘Chief Executive Officer’’; and made available to carry out subtitle C, D, or E of the individual described in subparagraph (B) by inserting ‘‘, summer of service edu- of this title, section 198B or 198C(a), subtitle A (A).’’. cational award, or silver scholar educational of title I of the Domestic Volunteer Service Act award, as appropriate,’’ after ‘‘national service SEC. 1406. APPROVAL PROCESS FOR APPROVED of 1973, or summer of service programs described POSITIONS. educational award’’; in section 119(c)(8), and remain available. (8) by redesignating subsections (f) and (g) as (a) IN GENERAL.—Subtitle D of title I (42 ‘‘(2) OBLIGATION.—The Corporation shall not subsections (g) and (h) respectively; and U.S.C. 12601 et seq.) is amended by adding at obligate the funds in the reserve account until (9) by inserting after subsection (e) the fol- the end the following new section: the Corporation— lowing: ‘‘SEC. 149. APPROVAL PROCESS FOR APPROVED ‘‘(A) determines that the funds will not be ‘‘(f) TRANSFER OF EDUCATIONAL AWARDS.— POSITIONS. needed for the payment of national service edu- ‘‘(1) IN GENERAL.—An individual who is eligi- ‘‘(a) TIMING AND RECORDING REQUIREMENTS.— cational awards associated with previously ap- ble to receive a national service educational ‘‘(1) IN GENERAL.—Notwithstanding subtitles proved national service positions, summer of award or silver scholar educational award due C, D, and H, and any other provision of law, in service educational awards associated with pre- to service in a program described in paragraph approving a position as an approved national viously approved summer of service positions, (2) may elect to receive the award (in the service position, an approved summer of service and silver scholar educational awards associ- amount described in the corresponding provision position, or an approved silver scholar position, ated with previously approved silver scholar po- of section 147) and transfer the award to a des- the Corporation— sitions; or ignated individual. Subsections (b), (c), and (d) ‘‘(A) shall approve the position at the time the ‘‘(B) obligates the funds for the payment of shall apply to the designated individual in lieu Corporation— national service educational awards for such

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.013 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4161 previously approved national service positions, (2) in subsection (b), by striking paragraph (1) (B) in paragraph (1)— summer of service educational awards for such and inserting the following: (i) by amending the paragraph heading to previously approved summer of service positions, ‘‘(1) is, or will be, at least 18 years of age on read as follows: or silver scholar educational awards for such or before December 31 of the calendar year in ‘‘(1) UNITS TO BE ASSIGNED TO CAMPUSES.—’’; previously approved silver scholar positions, as which the individual enrolls in the program, but (ii) by striking ‘‘in camps’’ and inserting ‘‘in applicable. is not more than 24 years of age as of the date campuses’’; ‘‘(c) AUDITS.—The accounts of the Corpora- the individual begins participating in the pro- (iii) by striking ‘‘Corps camp’’ and inserting tion relating to the appropriated funds for ap- gram; and’’; ‘‘Corps campus’’; and proved national service positions, approved sum- (3) in subsection (c)— (iv) by striking ‘‘in the camps’’ and inserting mer of service positions, and approved silver (A) in the subsection heading, by striking ‘‘in the campuses’’; scholar positions, and the records demonstrating ‘‘BACKROUNDS’’ and inserting ‘‘BACKGROUNDS’’; (C) by amending paragraphs (2) and (3) to the manner in which the Corporation has re- and read as follows: corded estimates described in subsection (B) by adding at the end the following: ‘‘The ‘‘(2) CAMPUS DIRECTOR.—There shall be a (a)(1)(B) as obligations, shall be audited annu- Director shall take appropriate steps, including campus director for each campus. The campus ally by independent certified public accountants through outreach and recruitment activities, to director is the head of the campus. or independent licensed public accountants cer- increase the percentage of participants in the ‘‘(3) ELIGIBLE SITE FOR CAMPUS.—A campus tified or licensed by a regulatory authority of a program who are disadvantaged youth to 50 per- shall be cost effective and may, upon the com- State or other political subdivision of the United cent of all participants by year 2012. The Direc- pletion of a feasibility study, be located in a fa- States in accordance with generally accepted tor shall report to the authorizing committees bi- cility referred to in section 162(c).’’; auditing standards. A report containing the re- ennially on such steps, any challenges faced, (5) in subsection (e)— sults of each such independent audit shall be in- and the annual participation rates of disadvan- (A) by amending the subsection heading to cluded in the annual report required by sub- taged youth in the program.’’; read as follows: section (a)(3). (4) by striking subsection (d); and ‘‘(e) DISTRIBUTION OF UNITS AND CAMPUSES.— ’’; ‘‘(d) AVAILABILITY OF AMOUNTS.—Except as (5) by redesignating subsection (e) as sub- provided in subsection (b), all amounts included section (d). (B) by striking ‘‘camps are distributed’’ and in the National Service Trust under paragraphs inserting ‘‘campuses are cost effective and are SEC. 1504. SUMMER NATIONAL SERVICE PRO- distributed’’; and (1), (2), and (3) of section 145(a) shall be avail- GRAM. (C) by striking ‘‘rural areas’’ and all that fol- able for payments of national service edu- Section 154 (42 U.S.C. 12614) is amended— lows through the period at the end and insert- cational awards, summer of service educational (1) in subsection (a)— ing ‘‘rural areas such that each Corps unit in a awards, or silver scholar educational awards (A) by striking ‘‘Civilian Community Corps region can be easily deployed for disaster and under section 148.’’. Demonstration Program’’ and inserting ‘‘Na- emergency response to such region.’’; and (b) CONFORMING REPEAL.—The Strengthen tional Civilian Community Corps Program’’; and (6) in subsection (f)— AmeriCorps Program Act (42 U.S.C. 12605) is re- (B) by striking ‘‘on Civilian Community (A) in paragraph (1)— pealed. Corps’’ and inserting ‘‘on National Civilian (i) by striking ‘‘superintendent’’ and inserting Subtitle E—Amendments to Subtitle E Community Corps’’; and ‘‘campus director’’; and (National Civilian Community Corps) (2) in subsection (b), by striking ‘‘shall be’’ (ii) by striking ‘‘camp’’ both places such term and all that follows through the period at the SEC. 1501. PURPOSE. appears and inserting ‘‘campus’’; end and inserting ‘‘shall be from economically Section 151 (42 U.S.C. 12611) is amended to (B) in paragraph (2)— and ethnically diverse backgrounds, including read as follows: (i) in the matter preceding subparagraph (A), youth who are in foster care.’’. by striking ‘‘superintendent of a camp’’ and in- ‘‘SEC. 151. PURPOSE. SEC. 1505. NATIONAL CIVILIAN COMMUNITY serting ‘‘campus director of a campus’’; ‘‘It is the purpose of this subtitle to authorize CORPS. (ii) in subparagraph (A)— the operation of, and support for, residential Section 155 (42 U.S.C. 12615) is amended— (I) by striking ‘‘superintendent’’ and inserting and other service programs that combine the (1) by amending the section heading to read ‘‘campus director’’; best practices of civilian service with the best as- as follows: (II) by striking ‘‘superintendent’s’’ and insert- pects of military service, including leadership ‘‘SEC. 155. NATIONAL CIVILIAN COMMUNITY ing ‘‘campus director’s’’; and and team building, to meet national and com- CORPS.’’; (III) by striking ‘‘camp’’ each place such term munity needs. The needs to be met under such (2) in subsection (a)— appears and inserting ‘‘campus’’; and programs include those needs related to— (A) by striking ‘‘Civilian Community Corps (iii) in subparagraph (B), by striking ‘‘super- ‘‘(1) natural and other disasters; Demonstration Program’’ and inserting ‘‘Na- intendent’’ and inserting ‘‘campus director’’; ‘‘(2) infrastructure improvement; tional Civilian Community Corps Program’’; and and ‘‘(3) environmental stewardship and conserva- (B) by striking ‘‘the Civilian Community (C) in paragraph (3), by striking ‘‘camp super- tion; Corps shall’’ and inserting ‘‘the National Civil- intendent’’ and inserting ‘‘campus director’’. ‘‘(4) energy conservation; and ian Community Corps shall’’; ‘‘(5) urban and rural development.’’. SEC. 1506. TRAINING. (3) in subsection (b)— Section 156 (42 U.S.C. 12616) is amended— SEC. 1502. PROGRAM COMPONENTS. (A) by amending the subsection heading to (1) in subsection (a)— Section 152 (42 U.S.C. 12612) is amended— read as follows: (A) by inserting ‘‘National’’ before ‘‘Civilian (1) by amending the section heading to read ‘‘(b) MEMBERSHIP IN NATIONAL CIVILIAN COM- Community Corps’’; and as follows: MUNITY CORPS.—’’; (B) by adding at the end the following: ‘‘The ‘‘SEC. 152. ESTABLISHMENT OF NATIONAL CIVIL- (B) in paragraph (1), by inserting ‘‘National’’ Director shall ensure that, to the extent prac- IAN COMMUNITY CORPS PROGRAM.’’; before ‘‘Civilian Community Corps’’; ticable, each member of the Corps is trained in (2) in subsection (a), by striking ‘‘Civilian (C) in paragraph (3)— CPR, first aid, and other skills related to dis- Community Corps Demonstration Program’’ and (i) by striking ‘‘superintendent’’ and inserting aster preparedness and response.’’; inserting ‘‘National Civilian Community Corps ‘‘campus director’’; and (2) in subsection (b)(1), by inserting before the Program’’; (ii) by striking ‘‘camp’’ and inserting ‘‘cam- period at the end the following: ‘‘, including a (3) in the matter preceding paragraph (1) of pus’’; and focus on energy conservation, environmental subsection (b)— (D) by adding at the end the following: stewardship or conservation, infrastructure im- (A) by striking ‘‘Civilian Community Corps ‘‘(4) TEAM LEADERS.— provement, urban and rural development, or dis- Demonstration Program’’ and inserting ‘‘Na- ‘‘(A) IN GENERAL.—The Director may select in- aster preparedness needs, as appropriate’’; tional Civilian Community Corps Program’’; and dividuals with prior supervisory or service expe- (3) by amending subsection (c)(2) to read as (B) by striking ‘‘a Civilian Community Corps’’ rience to be team leaders within units in the Na- follows: and inserting ‘‘a National Civilian Community tional Civilian Community Corps, to perform ‘‘(2) COORDINATION WITH OTHER ENTITIES.— Corps’’; and service that includes leading and supervising Members of the cadre may provide, either di- (4) by striking subsection (c) and inserting the teams of Corps members. Each team leader shall rectly or through grants, contracts, or coopera- following: be selected without regard to the age limitation tive agreements, the advanced service training ‘‘(c) RESIDENTIAL COMPONENTS.—Both pro- under section 153(b). referred to in subsection (b)(1) in coordination grams referred to in subsection (b) may include ‘‘(B) RIGHTS AND BENEFITS.—A team leader with vocational or technical schools, other em- a residential component.’’. shall be provided the same rights and benefits ployment and training providers, existing youth SEC. 1503. ELIGIBLE PARTICIPANTS. applicable to other Corps members, except that service programs, other qualified individuals, or Section 153 (42 U.S.C. 12613) is amended— the Director may increase the limitation on the organizations with expertise in training youth, (1) in subsection (a)— amount of the living allowance under section including disadvantaged youth, in the skills de- (A) by striking ‘‘Civilian Community Corps 158(b) by not more than 10 percent for a team scribed in such subsection.’’; and Demonstration Program’’ and inserting ‘‘Na- leader.’’; (4) in subsection (d), by striking ‘‘section tional Civilian Community Corps Program’’; and (4) in subsection (d)— 162(a)(3)’’ and inserting ‘‘section 162(c)’’. (B) by striking ‘‘on Civilian Community (A) by amending the subsection heading to SEC. 1507. CONSULTATION WITH STATE COMMIS- Corps’’ and inserting ‘‘on National Civilian read as follows: SIONS. Community Corps’’; ‘‘(d) CAMPUSES.—’’; Section 157 (42 U.S.C. 12617) is amended—

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.014 H31MRPT1 jbell on PROD1PC69 with HOUSE H4162 CONGRESSIONAL RECORD — HOUSE March 31, 2009 (1) in subsection (a)— (iii) in subparagraph (C)— aligning the margins of such paragraphs with (A) in the matter preceding paragraph (1), by (I) in the matter preceding clause (i), by strik- the margins of section 161(b)(1) of the Act; and inserting ‘‘National’’ before ‘‘Civilian Commu- ing ‘‘the Director’’ and inserting ‘‘the Chief Ex- (B) by redesignating clauses (i) and (ii) of nity Corps’’; ecutive Officer’’; paragraph (2) (as redesignated by subparagraph (B) in paragraph (1), by inserting before the (II) in clause (i), by striking ‘‘section (A)) as subparagraphs (A) and (B), respectively, semicolon the following: ‘‘, with specific empha- 162(a)(2)’’ and inserting ‘‘section 162(b)’’; and aligning the margins of such subparagraphs sis on projects in support of infrastructure im- (III) in clause (iii), by striking ‘‘and’’ at the with the margins of section 161(b)(1)(A) of the provement, energy conservation, and urban and end; Act; rural development’’; and (IV) by redesignating clause (iv) as clause (v); (5) in subsection (b) (as redesignated by para- (C) in paragraph (2), by striking ‘‘service and graph (2))— learning’’ and inserting ‘‘service-learning’’; (V) by inserting after clause (iii) the fol- (A) by redesignating subparagraphs (A), (B), (2) in subsection (b)— lowing: and (C) as paragraphs (1), (2), and (3), respec- (A) in paragraph (1)— ‘‘(iv) give consideration to retired and other tively, and aligning the margins of such para- (i) in subparagraph (A), by striking ‘‘and the former law enforcement, fire, rescue, and emer- graphs with the margins of section 161(b)(1) of Secretary of Housing and Urban Development’’ gency personnel, and other individuals with the Act; and inserting ‘‘the Secretary of Housing and backgrounds in disaster preparedness, relief, (B) in paragraph (1) (as redesignated by sub- Urban Development, the Administrator of the and recovery; and’’; and paragraph (A)), by striking ‘‘paragraph (1)’’ Environmental Protection Agency, the Adminis- (iv) in subparagraph (E)— and inserting ‘‘subsection (a)’’; and trator of the Federal Emergency Management (I) by striking ‘‘to members’’ and inserting ‘‘to (C) in paragraph (2) (as redesignated by sub- Agency, the Secretary of Energy, the Secretary other members’’; paragraph (A)), by striking ‘‘paragraph’’ and of Transportation, and the Chief of the Forest (II) by inserting after ‘‘techniques’’ the fol- inserting ‘‘subsection’’; and (6) in subsection (c) (as redesignated by para- Service’’; and lowing: ‘‘, including techniques for working (ii) in subparagraph (B)— graph (2))— with and enhancing the development of dis- (A) by striking ‘‘this paragraph’’ and insert- (I) by inserting ‘‘community-based entities advantaged youth,’’; and and’’ before ‘‘representatives of local commu- ing ‘‘this subsection’’; and (III) by striking ‘‘service learning’’ and insert- (B) by striking ‘‘paragraph (1)’’ and inserting nities’’; and ing ‘‘service-learning’’; and ‘‘subsection (a)’’. (II) by striking ‘‘camp’’ both places such term (C) in paragraph (3)— SEC. 1513. ADVISORY BOARD. appears and inserting ‘‘campus’’; and (i) in the first sentence, by striking ‘‘the mem- (B) in paragraph (2), by inserting ‘‘State Com- Section 163 (42 U.S.C. 12623) is amended— bers’’ and inserting ‘‘other members’’; and (1) in subsection (a)— missions,’’ before ‘‘and persons involved in other (ii) in the third sentence, by striking ‘‘section (A) by striking ‘‘Upon the establishment of the youth service programs.’’; and 162(a)(2)(A)’’ and inserting ‘‘162(b)(1)’’. Program, there shall also be’’ and inserting (3) in subsection (c)— SEC. 1510. STATUS OF CORPS MEMBERS AND ‘‘There shall be’’; (A) in paragraph (1)— CORPS PERSONNEL UNDER FED- (B) by inserting ‘‘National’’ before ‘‘Civilian (i) by striking ‘‘superintendent’’ both places ERAL LAW. Community Corps Advisory Board’’; and such term appears and inserting ‘‘campus direc- Section 160(a) (42 U.S.C. 12620(a)) is amended (C) by striking ‘‘to assist’’ and all that follows tor’’; and by inserting ‘‘National’’ before ‘‘Civilian Com- through the period at the end and inserting ‘‘to (ii) by striking ‘‘camp’’ both places such term munity Corps’’. assist the Corps in responding rapidly and effi- appears and inserting ‘‘campus’’; and SEC. 1511. CONTRACT AND GRANT AUTHORITY. ciently in times of natural and other disasters. (B) in paragraph (2), by striking ‘‘camp super- Section 161 (42 U.S.C. 12621) is amended— The Advisory Board members shall help coordi- intendents’’ and inserting ‘‘campus directors’’. (1) in subsection (a), by striking ‘‘perform any nate activities with the Corps as appropriate, SEC. 1508. AUTHORIZED BENEFITS FOR CORPS program function under this subtitle’’ and in- including the mobilization of volunteers and co- MEMBERS. serting ‘‘carry out the National Civilian Com- ordination of volunteer centers to help local Section 158 (42 U.S.C. 12618) is amended— munity Corps program’’; and communities recover from the effects of natural (1) in subsection (a), by inserting ‘‘National’’ (2) in subsection (b)— and other disasters.’’; before ‘‘Civilian Community Corps’’; and (A) in paragraph (1)(B), by striking ‘‘section (2) in subsection (b)— (2) in subsection (c)— 162(a)(3)’’ and inserting ‘‘section 162(c)’’; and (A) by redesignating paragraphs (8) and (9) as (A) in the matter preceding paragraph (1)— (B) in paragraph (2), by inserting ‘‘National’’ paragraphs (13) and (14), respectively; (i) by inserting ‘‘National’’ before ‘‘Civilian (B) by inserting after paragraph (7) the fol- before ‘‘Civilian Community Corps’’. Community Corps’’; and lowing: (ii) by inserting before the colon the following: SEC. 1512. OTHER DEPARTMENTS. ‘‘(8) The Administrator of the Federal Emer- ‘‘, as the Director determines appropriate’’; (a) IN GENERAL.—Section 162 (42 U.S.C. 12622) gency Management Agency. (B) in paragraph (6), by striking ‘‘Clothing’’ is amended— ‘‘(9) The Secretary of Transportation. and inserting ‘‘Uniforms’’; and (1) in subsection (a)— ‘‘(10) The Chief of the Forest Service. (C) in paragraph (7), by striking ‘‘Rec- (A) in paragraph (1)— ‘‘(11) The Administrator of the Environmental reational services and supplies’’ and inserting (i) in subparagraph (A), by inserting ‘‘Na- Protection Agency. ‘‘Supplies’’. tional’’ before ‘‘Civilian Community Corps’’; ‘‘(12) The Secretary of Energy.’’; and (C) in paragraph (13), as so redesignated, by SEC. 1509. PERMANENT CADRE. and (ii) in subparagraph (B)(i), by striking ‘‘the striking ‘‘industry,’’ and inserting ‘‘public and Section 159 (42 U.S.C. 12619) is amended— private organizations,’’. (1) in subsection (a)— registry established by’’ and all that follows SEC. 1514. EVALUATIONS. (A) in the matter preceding paragraph (1), by through the semicolon and inserting ‘‘the reg- Section 164 (42 U.S.C. 12624) is amended— striking ‘‘Civilian Community Corps Demonstra- istry established by section 1143a of title 10, United States Code;’’; (1) in the section heading, by striking ‘‘AN- tion Program’’ and inserting ‘‘National Civilian NUAL EVALUATION’’ and inserting ‘‘EVAL- Community Corps Program’’; and (B) in paragraph (2)(A), by striking ‘‘to be recommended for appointment’’ and inserting UATIONS’’; (B) in paragraph (1)— (2) by striking ‘‘an annual evaluation’’ and ‘‘from which individuals may be selected for ap- (i) by inserting ‘‘including those’’ before ‘‘rec- inserting ‘‘periodic evaluations’’; pointment by the Director’’; and ommended’’; and (3) by striking ‘‘Civilian Community Corps (C) in paragraph (3), by inserting ‘‘National’’ (ii) by inserting ‘‘National’’ before ‘‘Civilian programs’’ and inserting ‘‘National Civilian before ‘‘Civilian Community Corps’’; and Community Corps’’; Community Corps Program’’; and (2) in subsection (b)(1), by inserting ‘‘Na- (2) by striking subsection (b). (4) by adding at the end the following: ‘‘Upon tional’’ before ‘‘Civilian Community Corps’’; (b) TECHNICAL AMENDMENTS.—Section 162 (42 completing each such evaluation, the Corpora- (3) in subsection (c)— U.S.C. 12622), as amended by subsection (a), is tion shall transmit to the authorizing commit- (A) in paragraph (1)(B)(i), by inserting ‘‘Na- further amended— tees a report on the evaluation.’’. (1) in the section heading, by striking tional’’ before ‘‘Civilian Community Corps’’; SEC. 1515. REPEAL OF FUNDING LIMITATION. ‘‘ ’’ and inserting ‘‘ and OTHER DEPARTMENTS DE- Section 165 (42 U.S.C. 12625) is repealed. (B) in paragraph (2)— PARTMENT OF DEFENSE’’; SEC. 1516. DEFINITIONS. (i) in subparagraph (A)— (2) by redesignating paragraphs (2), (3), and Subtitle E of title I (42 U.S.C. 12611 et seq.), as (I) by striking ‘‘The Director shall establish a (4) of subsection (a) as subsections (b), (c), and amended by this subtitle, is further amended— permanent cadre of’’ and inserting ‘‘The Chief (d), respectively, and aligning the margins of (1) by redesignating section 166 as 165; and Executive Officer shall establish a permanent such subsections with the margins of section (2) in section 165 (as redesignated by para- cadre that includes the Director and other ap- 161(a) of the Act; graph (1))— pointed’’; and (3) by striking ‘‘(a) SECRETARY’’ and all that (A) by striking paragraphs (2), (3), and (9); (II) by inserting ‘‘National’’ before ‘‘Civilian follows through ‘‘OFFICE.—’’ and inserting the (B) by redesignating paragraphs (4) through Community Corps’’; following: (8) as paragraphs (5) through (9), respectively; (ii) in subparagraph (B), by striking ‘‘The Di- ‘‘(a) LIAISON OFFICE.—’’; (C) by inserting after paragraph (1) the fol- rector shall appoint the members’’ and inserting (4) in subsection (a) (as amended by para- lowing: ‘‘The Chief Executive Officer shall consider the graph (3))— ‘‘(2) CAMPUS DIRECTOR.—The term ‘campus di- recommendations of the Director in appointing (A) by redesignating subparagraphs (A) and rector’, with respect to a Corps campus, means the other members’’; (B) as paragraphs (1) and (2), respectively, and the head of the campus under section 155(d).

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‘‘(3) CORPS.—The term ‘Corps’ means the Na- (1) in subsections (a) and (b), by striking (7) by inserting after subsection (e) the fol- tional Civilian Community Corps required under ‘‘under this title’’ each place it appears and in- lowing: section 155 as part of the National Civilian Com- serting ‘‘under the national service laws’’; ‘‘(f) RELIEF FROM ADMINISTRATIVE REQUIRE- munity Corps Program. (2) in subsection (b)(1), by striking ‘‘employee MENTS.—Upon approval of a State plan sub- ‘‘(4) CORPS CAMPUS.—The term ‘Corps campus’ or position’’ and inserting ‘‘employee, position, mitted under subsection (e)(1), the Chief Execu- means the facility or central location established or volunteer (other than a participant under the tive Officer may waive for the State, or specify as the operational headquarters and boarding national service laws)’’; and alternatives for the State to, administrative replace for particular Corps units.’’; (3) by adding at the end the following: quirements (other than statutory provisions) (D) in paragraph (5) (as so redesignated), by ‘‘(f) PARENTAL INVOLVEMENT.— otherwise applicable to grants made to States striking ‘‘Civilian Community Corps Demonstra- ‘‘(1) IN GENERAL.—Programs that receive as- under the national service laws, including those tion Program’’ and inserting ‘‘National Civilian sistance under the national service laws shall requirements identified by the State as impeding Community Corps Program’’; consult with the parents or legal guardians of the coordination and effectiveness of Federal, (E) in paragraph (6) (as so redesignated), by children in developing and operating programs State, and local resources for service and vol- inserting ‘‘National’’ before ‘‘Civilian Commu- that include and serve children. unteerism within the State. nity Corps’’; ‘‘(2) PARENTAL PERMISSION.—Programs that ‘‘(g) STATE SERVICE PLAN FOR ADULTS AGE 55 (F) in paragraph (8) (as so redesignated), by receive assistance under the national service OR OLDER.— striking ‘‘The terms’’ and all that follows laws shall, before transporting minor children, ‘‘(1) IN GENERAL.—Notwithstanding any other through ‘‘Demonstration Program’’ and insert- provide the children’s parents with the reason provision of this section, to be eligible to receive ing ‘‘The term ‘Program’ means the National Ci- for the transportation and obtain the parents’ a grant or allotment under subtitle B or C or to vilian Community Corps Program’’; and written permission for such transportation, con- receive a distribution of approved national serv- (G) in paragraph (9) (as so redesignated)— sistent with State law.’’. ice positions under subtitle C, a State shall work (i) in the paragraph heading, by striking SEC. 1606. STATE COMMISSIONS ON NATIONAL with appropriate State agencies and private en- ‘‘SERVICE LEARNING’’ and inserting ‘‘SERVICE- AND COMMUNITY SERVICE. tities to develop a comprehensive State service LEARNING’’; and Section 178 (42 U.S.C. 12638) is amended— plan for service by adults age 55 or older. (ii) in the matter preceding subparagraph (A), (1) in subsection (a)(2), by striking ‘‘sections ‘‘(2) MATTERS INCLUDED.—The State service by striking ‘‘service learning’’ and inserting 117B and 130’’ and inserting ‘‘section 130’’; plan shall include— ‘‘service-learning’’. (2) in subsection (c)(1)— ‘‘(A) recommendations for policies to increase SEC. 1517. TERMINOLOGY. (A) in subparagraph (I), by striking ‘‘section service for adults age 55 or older, including how Subtitle E of title I (as so amended) (42 U.S.C. 122(a)’’ and all that follows through the period to best use such adults as sources of social cap- 12611 et seq.) is further amended by striking the at the end and inserting ‘‘subsection (a), (b), or ital, and how to utilize their skills and experi- subtitle heading and inserting the following: (c) of section 122.’’; and ence to address community needs; ‘‘Subtitle E—National Civilian Community (B) by adding at the end the following: ‘‘(B) recommendations to the State agency (as Corps’’. ‘‘(J) A representative of the volunteer sector.’’; defined in section 102 of the Older Americans Subtitle F—Amendments to Subtitle F (3) in subsection (c)(3), by striking ‘‘, unless Act of 1965 (42 U.S.C. 3002)) on— (Administrative Provisions) the State permits the representative to serve as ‘‘(i) a marketing outreach plan to businesses; a voting member of the State Commission or al- and SEC. 1601. FAMILY AND MEDICAL LEAVE. ‘‘(ii) outreach to— Section 171(a)(1) (42 U.S.C. 12631(a)(1)) is ternative administrative entity’’; (4) in subsection (d)(6)(B), by striking ‘‘section ‘‘(I) nonprofit organizations; amended by striking ‘‘with respect to a project’’ 193A(b)(11)’’ and inserting ‘‘section ‘‘(II) the State educational agency; and inserting ‘‘with respect to a project author- 193A(b)(12)’’; ‘‘(III) institutions of higher education; and ized under the national service laws’’. ‘‘(IV) other State agencies; (5) in subsection (e)— ‘‘(C) recommendations for civic engagement SEC. 1602. REPORTS. (A) by striking paragraph (1) and inserting and multigenerational activities, such as— Section 172 (42 U.S.C. 12632) is amended— the following: (1) in subsection (b)(1), by striking ‘‘appro- ‘‘(i) early childhood education and care, fam- ‘‘(1) Preparation of a national service plan for ily literacy, and after school programs; priate authorizing and appropriations Commit- the State that— tees of Congress’’ and inserting ‘‘authorizing ‘‘(ii) respite services for adults age 55 or older ‘‘(A) is developed, through an open and public and caregivers; and committees, the Committee on Appropriations of process (such as through regional forums, hear- the House of Representatives, and the Com- ‘‘(iii) transitions for older adults age 55 or ings, and other means) that provides for max- older to purposeful work in their post-career mittee on Appropriations of the Senate’’; and imum participation and input from the private (2) in subsection (c)(2), by striking ‘‘the ap- lives; and sector, organizations, and public agencies, using propriate committees of Congress’’ and inserting ‘‘(D) recommendations for encouraging the de- service and volunteerism as strategies to meet ‘‘the authorizing committees, the Committee on velopment of Encore service programs in the critical community needs, including service Armed Services of the House of Representatives, State. through programs funded under the national and the Committee on Armed Services of the ‘‘(3) KNOWLEDGE BASE.—The State service service laws; Senate’’. plan shall incorporate the current knowledge ‘‘(B) covers a 3-year period, the beginning of base (as of the time of the plan) regarding— SEC. 1603. USE OF FUNDS. which may be set by the State; ‘‘(A) the economic impact of the roles of work- Section 174 (42 U.S.C. 12634) is amended by ‘‘(C) is subject to approval by the chief execu- ers age 55 or older in the economy; adding at the end the following: tive officer of the State; ‘‘(B) the social impact of the roles of such ‘‘(d) REFERRALS FOR FEDERAL ASSISTANCE.—A ‘‘(D) includes measurable goals and outcomes workers in the community; and program may not receive assistance under the for the State national service programs in the ‘‘(C) the health and social benefits of active national service laws for the sole purpose of re- State consistent with the performance levels for engagement for adults age 55 or older. ferring individuals to Federal assistance pro- national service programs as described in section ‘‘(4) PUBLICATION.—The State service plan grams or State assistance programs funded in 179(k); shall be made available to the public and be part by the Federal Government.’’. ‘‘(E) ensures outreach to diverse community- transmitted to the Chief Executive Officer.’’. SEC. 1604. NOTICE, HEARING, AND GRIEVANCE based agencies that serve underrepresented pop- SEC. 1607. EVALUATION AND ACCOUNTABILITY. PROCEDURES. ulations, through established networks and reg- Section 179 (42 U.S.C. 12639) is amended— Section 176 (42 U.S.C. 12636) is amended— istries at the State level, or through the develop- (1) by amending subsection (a) to read as fol- (1) in subsection (a)(2)(A), by striking ‘‘30 ment of such networks and registries; lows: days’’ and inserting ‘‘1 or more periods of 30 ‘‘(F) provides for effective coordination of ‘‘(a) IN GENERAL.—The Corporation shall pro- days not to exceed a total of 90 days’’; and funding applications submitted by the State and vide, directly or through grants or contracts, for (2) in subsection (f)— (A) in paragraph (1), by striking ‘‘A State or other organizations within the State under the the continuing evaluation of programs that re- local applicant’’ and inserting ‘‘An entity’’; and national service laws; ceive assistance under the national service laws, (B) in paragraph (6)— ‘‘(G) is updated annually, reflecting changes including evaluations that measure the impact (i) in subparagraph (C), by striking ‘‘and’’; in practices and policies that will improve the of such programs, to determine— (ii) by redesignating subparagraph (D) as sub- coordination and effectiveness of Federal, State, ‘‘(1) the effectiveness of programs receiving as- paragraph (E); and and local resources for service and volunteerism sistance under the national service laws in (iii) by inserting after subparagraph (C) the within the State; achieving stated goals and the costs associated following: ‘‘(H) ensures outreach to, and coordination with such programs, including an evaluation of ‘‘(D) in a case in which the grievance is filed with, municipalities (including large cities) and each such program’s performance based on the by an individual applicant or participant— county governments regarding the national performance levels established under subsection ‘‘(i) the applicant’s selection or the partici- service laws; and (k); and pant’s reinstatement, as the case may be; and ‘‘(I) contains such information as the State ‘‘(2) the effectiveness of the structure and ‘‘(ii) other changes in the terms and condi- Commission considers to be appropriate or as the mechanisms for delivery of services, such as the tions of service applicable to the individual; Corporation may require.’’; and effective utilization of the participants’ time, the and’’. (B) in paragraph (2), by striking ‘‘sections management of the participants, and the ease SEC. 1605. RESOLUTION OF DISPLACEMENT COM- 117B and 130’’ and inserting ‘‘section 130’’; with which recipients were able to receive serv- PLAINTS. (6) by redesignating subsections (f) through (j) ices, to maximize the cost effectiveness and the Section 177 (42 U.S.C. 12637) is amended— as subsections (h) through (l), respectively; and impact of such programs.’’;

VerDate Nov 24 2008 23:37 Mar 31, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.014 H31MRPT1 jbell on PROD1PC69 with HOUSE H4164 CONGRESSIONAL RECORD — HOUSE March 31, 2009 (2) in subsection (g)— progress toward the performance levels for the shall provide technical advice to the partnership (A) in paragraph (3), by striking ‘‘National program to— on the selection of the indicators for the Civic Senior Volunteer Corps’’ and inserting ‘‘Na- ‘‘(i) the appropriate State, territory, or Indian Health Assessment. tional Senior Service Corps’’; and tribe; and ‘‘(3) UPDATES.—The partnership shall periodi- (B) in paragraph (9), by striking ‘‘to public ‘‘(ii) the Corporation. cally evaluate and update the Civic Health As- service’’ and all that follows through the period ‘‘(m) FAILURE TO MEET PERFORMANCE LEV- sessment, and may expand or modify the indica- at the end and inserting ‘‘to engage in service ELS.—If, after a period for correction as ap- tors described in subsection (d)(1) as necessary that benefits the community.’’; proved by the Corporation in accordance with to carry out the purposes of this section. (3) in the matter preceding subparagraph (A) subsection (l), a recipient of assistance under ‘‘(d) DATA ON THE INDICATORS.— of subsection (i)(2), by striking ‘‘Congress’’ and the national service laws fails to meet or exceed ‘‘(1) SPONSORED DATA COLLECTION.—In identi- inserting ‘‘the authorizing committees’’; and the performance levels for a national service fying the civic health indicators for the Civic (4) by adding at the end the following: program, the Corporation shall— Health Assessment, and obtaining data for the ‘‘(j) RESERVED PROGRAM FUNDS FOR AC- ‘‘(1) reduce the annual amount of the assist- Assessment, the partnership may sponsor the COUNTABILITY.—Notwithstanding any other pro- ance received by the underperforming recipient collection of data for the Assessment or for the vision of law, in addition to amounts appro- by at least 25 percent, for each remaining year various civic health indicators being considered priated to carry out this section, the Corpora- of the grant period for that program; or for inclusion in the Assessment, including indi- tion may reserve not more than 1 percent of the ‘‘(2) terminate assistance to the underper- cators related to— total funds appropriated for a fiscal year under forming recipient for that program, in accord- ‘‘(A) volunteering and community service; section 501 of this Act and sections 501 and 502 ance with section 176(a). ‘‘(B) voting and other forms of political and of the Domestic Volunteer Service Act of 1973 to ‘‘(n) REPORTS.—The Corporation shall submit civic engagement; ‘‘(C) charitable giving; support program accountability activities under to the authorizing committees not later than 2 ‘‘(D) connecting to civic groups and faith- this section. years after the date of enactment of the Serve based organizations; ‘‘(k) PERFORMANCE LEVELS.—The Corporation America Act, and annually thereafter, a report shall, in consultation with each recipient of as- ‘‘(E) interest in employment, and careers, in containing information on the number of— public service in the nonprofit sector or govern- sistance under the national service laws, estab- ‘‘(1) recipients of assistance under the na- lish performance levels for such recipient to meet ment; tional service laws implementing corrective ac- ‘‘(F) understanding and obtaining knowledge during the term of the assistance. The perform- tion plans under subsection (l)(1); of United States history and government; and ance levels may include, for each national serv- ‘‘(2) recipients for which the Corporation pro- ‘‘(G) social enterprise and innovation. ice program carried out by the recipient, per- vides technical assistance for a program under ‘‘(2) DATA FROM STATISTICAL AGENCIES.—The formance levels based on the following perform- subsection (l)(2)(A)(i); Director of the Bureau of the Census and the ance measures: ‘‘(3) recipients for which the Corporation ter- Commissioner of Labor Statistics shall collect ‘‘(1) Number of participants enrolled in the minates assistance for a program under sub- annually, to the extent practicable, data to in- program and completing terms of service, as section (m); form the Civic Health Assessment, and shall re- compared to the stated participation and reten- ‘‘(4) entities whose application for assistance port data from such collection to the partner- tion goals of the program. under a national service law was rejected; and ship. In determining the data to be collected, the ‘‘(2) Number of volunteers recruited from the ‘‘(5) recipients meeting or exceeding their per- Director and the Commissioner shall examine community in which the program was imple- formance levels under subsection (k).’’. privacy issues, response rates, and other rel- mented. SEC. 1608. CIVIC HEALTH ASSESSMENT. evant issues. ‘‘(3) If applicable based on the program de- ‘‘(3) SOURCES OF DATA.—To obtain data for sign, the number of individuals receiving or ben- (a) IN GENERAL.—Subtitle F of title I (42 U.S.C. 12631 et seq.), as amended by this sub- the Civic Health Assessment, the partnership efitting from the service conducted. shall consider— ‘‘(4) Number of disadvantaged and underrep- title, is further amended by inserting after section 179 the following: ‘‘(A) data collected through public and pri- resented youth participants. vate sources; and ‘‘(5) Measures of the sustainability of the pro- ‘‘SEC. 179A. CIVIC HEALTH ASSESSMENT AND VOLUNTEERING RESEARCH AND ‘‘(B) data collected by the Bureau of the Cen- gram and the projects supported by the pro- sus, through the Current Population Survey, or gram, including measures to ascertain the level EVALUATION. ‘‘(a) DEFINITION OF PARTNERSHIP.—In this by the Bureau of Labor Statistics, in accordance of community support for the program or with paragraph (2). projects. section, the term ‘partnership’ means the Cor- poration, acting in conjunction with (consistent ‘‘(4) DEMOGRAPHIC CHARACTERISTICS.—The ‘‘(6) Measures to ascertain the change in atti- partnership shall seek to obtain data for the tude toward civic engagement among the par- with the terms of an agreement entered into between the Corporation and the National Con- Civic Health Assessment that will permit the ticipants and the beneficiaries of the service. partnership to analyze the data by age group, ‘‘(7) Other quantitative and qualitative meas- ference) the National Conference on Citizenship referred to in section 150701 of title 36, United race and ethnicity, education level, and other ures as determined to be appropriate by the re- demographic characteristics of the individuals cipient of assistance and the Corporation. States Code, to carry out this section. ‘‘(b) IN GENERAL.—The partnership shall fa- involved. ‘‘(l) CORRECTIVE ACTION PLANS.— THER ISSUES.—In obtaining data for the cilitate the establishment of a Civic Health As- ‘‘(5) O ‘‘(1) IN GENERAL.—A recipient of assistance Civic Health Assessment, the partnership may sessment by— under the national service laws that fails, as de- also obtain such information as may be nec- ‘‘(1) after identifying public and private termined by the Corporation, to meet or exceed essary to analyze— sources of civic health data, selecting a set of the performance levels agreed upon under sub- ‘‘(A) the role of Internet technology in civic health indicators, in accordance with subsection (k) for a national service program, shall strengthening and inhibiting civic activities; reach an agreement with the Corporation on a section (c), that shall comprise the Civic Health ‘‘(B) the role of specific programs in strength- corrective action plan to meet such performance Assessment; ening civic activities; levels. ‘‘(2) obtaining civic health data relating to the ‘‘(C) the civic attitudes and activities of new ‘‘(2) ASSISTANCE.— Civic Health Assessment, in accordance with citizens and immigrants; and ‘‘(A) NEW PROGRAM.—For a program that has subsection (d); and ‘‘(D) other areas related to civic activities. received assistance under the national service ‘‘(3) conducting related analyses, and report- ‘‘(e) REPORTING OF DATA.— laws for less than 3 years and for which the re- ing the data and analyses, as described in para- ‘‘(1) IN GENERAL.—The partnership shall, not cipient is failing to meet or exceed the perform- graphs (4) and (5) of subsection (d) and sub- less often than once each year, prepare a report ance levels agreed upon under subsection (k), sections (e) and (f). containing— the Corporation shall— ‘‘(c) SELECTION OF INDICATORS FOR CIVIC ‘‘(A) detailed data obtained under subsection ‘‘(i) provide technical assistance to the recipi- HEALTH ASSESSMENT.— (d), including data on the indicators comprising ent to address targeted performance problems re- ‘‘(1) IDENTIFYING SOURCES.—The partnership the Civic Health Assessment; and lating to the performance levels for the program; shall select a set of civic health indicators that ‘‘(B) the analyses described in paragraphs (4) and shall comprise the Civic Health Assessment. In and (5) of subsection (d), to the extent prac- ‘‘(ii) require the recipient to submit quarterly making such selection, the partnership— ticable based on the data the partnership is able reports on the program’s progress toward meet- ‘‘(A) shall identify public and private sources to obtain. ing the performance levels for the program to of civic health data; ‘‘(2) AGGREGATION AND PRESENTATION.—The the— ‘‘(B) shall explore collaborating with other partnership shall, to the extent practicable, ag- ‘‘(I) appropriate State, territory, or Indian similar efforts to develop national indicators in gregate the data on the civic health indicators tribe; and the civic health domain; and comprising the Civic Health Assessment by com- ‘‘(II) the Corporation. ‘‘(C) may sponsor a panel of experts, such as munity, by State, and nationally. The report de- ‘‘(B) ESTABLISHED PROGRAMS.—For a program one convened by the National Academy of scribed in paragraph (1) shall present the aggre- that has received assistance under the national Sciences, to recommend civic health indicators gated data in a form that enables communities service laws for 3 years or more and for which and data sources for the Civic Health Assess- and States to assess their civic health, as meas- the recipient is failing to meet or exceed the per- ment. ured on each of the indicators comprising the formance levels agreed upon under subsection ‘‘(2) TECHNICAL ADVICE.—At the request of the Civic Health Assessment, and compare those (k), the Corporation shall require the recipient partnership, the Director of the Bureau of the measures with comparable measures of other to submit quarterly reports on the program’s Census and the Commissioner of Labor Statistics communities and States.

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‘‘(3) SUBMISSION.—The partnership shall sub- territory, Indian tribe, or public or private non- not apply to expenses under a grant authorized mit the report to the authorizing committees, profit organization receiving assistance directly under the national service laws to operate a and make the report available to the general or indirectly under the national service laws; program that are not included in the grant public on the Corporation’s website. and award for operating the program. ‘‘(f) PUBLIC INPUT.—The partnership shall— ‘‘(2) that relates to— ‘‘(d) ADJUSTMENTS FOR INFLATION.—The ‘‘(1) identify opportunities for public dialogue ‘‘(A) such assistance; and amounts specified in subsections (a) and (e)(1) and input on the Civic Health Assessment; and ‘‘(B) the duties of the Inspector General under shall be adjusted each year after 2008 for infla- ‘‘(2) hold conferences and forums to discuss the Inspector General Act of 1978 (5 U.S.C. tion as measured by the Consumer Price Index the implications of the data and analyses re- App.).’’. for All Urban Consumers published by the Sec- ported under subsection (e). SEC. 1612. ADDITIONAL ADMINISTRATIVE PROVI- retary of Labor. ‘‘(g) VOLUNTEERING RESEARCH AND EVALUA- SIONS. ‘‘(e) WAIVER AUTHORITY AND REPORTING RE- TION.— Subtitle F of title I (42 U.S.C. 12631 et seq.) is QUIREMENT.— ‘‘(1) RESEARCH.—The partnership shall pro- amended by adding at the end the following: ‘‘(1) WAIVER.—The Chief Executive Officer may increase the limitation under subsection (a) vide for baseline research and tracking of do- ‘‘SEC. 185. CONSOLIDATED APPLICATION AND RE- mestic and international volunteering, and PORTING REQUIREMENTS. to not more than $19,500 per full-time equivalent baseline research and tracking related to rel- ‘‘(a) IN GENERAL.—To promote efficiency and position if necessary to meet the compelling evant data on the indicators described in sub- eliminate duplicative requirements, the Corpora- needs of a particular program, such as— ‘‘(A) exceptional training needs for a program section (d). In providing for the research and tion shall consolidate or modify application pro- serving disadvantaged youth; tracking under this subsection, the partnership cedures and reporting requirements for pro- shall consider data from the Supplements to the ‘‘(B) the need to pay for increased costs relat- grams, projects, and activities funded under the ing to the participation of individuals with dis- Current Populations Surveys conducted by the national service laws. abilities; Bureau of the Census for the Bureau of Labor ‘‘(b) REPORT TO CONGRESS.—Not later than 18 ‘‘(C) the needs of tribal programs or programs Statistics, and data from other public and pri- months after the effective date of the Serve located in the territories; and vate sources, including other data collected by America Act, the Corporation shall submit to the ‘‘(D) the need to pay for start-up costs associ- the Bureau of the Census and the Bureau of authorizing committees a report containing in- ated with a first-time recipient of assistance Labor Statistics. formation on the actions taken to consolidate or under a program of the national service laws. ‘‘(2) IMPACT RESEARCH AND EVALUATION.—The modify the application procedures and reporting ‘‘(2) REPORTS.—The Chief Executive Officer partnership shall sponsor an independent eval- requirements for programs, projects, and activi- shall report to the authorizing committees annu- uation of the impact of domestic and inter- ties funded under the national service laws, in- ally on all limitations increased under this sub- national volunteering, including an assessment cluding a description of the procedures for con- section, with an explanation of the compelling of best practices for such volunteering, and sultation with recipients of the funding. needs justifying such increases. methods of improving such volunteering through ‘‘SEC. 186. SUSTAINABILITY. ‘‘SEC. 189A. MATCHING FUNDS FOR SEVERELY enhanced collaboration among— ‘‘The Corporation, after consultation with ECONOMICALLY DISTRESSED COM- ‘‘(A) entities that recruit, manage, support, State Commissions and recipients of assistance, MUNITIES. and utilize volunteers; may set sustainability goals for projects or pro- ‘‘(a) IN GENERAL.—Notwithstanding any other ‘‘(B) institutions of higher education; and grams under the national service laws, so that provision of law, a severely economically dis- ‘‘(C) research institutions. recipients of assistance under the national serv- tressed community that receives assistance from ‘‘(h) DATABASE PROHIBITION.—Nothing in this ice laws are carrying out sustainable projects or the Corporation for any program under the na- Act shall be construed to authorize the develop- programs. Such sustainability goals shall be in tional service laws shall not be subject to any ment, implementation, or maintenance of a Fed- writing and shall be used— requirements to provide matching funds for any eral database of personally identifiable informa- ‘‘(1) to build the capacity of the projects or such program, and the Federal share of such as- tion on individuals participating in data collec- programs that receive assistance under the na- sistance for such a community may be 100 per- tion for sources of information under this sec- tional service laws to meet community needs; cent. tion.’’. ‘‘(2) in providing technical assistance to re- ‘‘(b) SEVERELY ECONOMICALLY DISTRESSED SEC. 1609. CONTINGENT EXTENSION. cipients of assistance under the national service COMMUNITY.—For the purposes of this section, Section 181 (42 U.S.C. 12641) is amended by laws regarding acquiring and leveraging non- the term ‘severely economically distressed com- striking ‘‘Section 414’’ and inserting ‘‘Section Federal funds for support of the projects or pro- munity’ means— 422’’. grams that receive such assistance; and ‘‘(1) an area that has a mortgage foreclosure SEC. 1610. PARTNERSHIPS WITH SCHOOLS. ‘‘(3) to determine whether the projects or pro- rate, home price decline, and unemployment Section 182(b) (42 U.S.C. 12642(b)) is amended grams, receiving such assistance, are generating rate all of which are above the national average to read as follows: sufficient community support. for such rates or level, for the most recent 12 months for which satisfactory data are avail- ‘‘(b) REPORT.— ‘‘SEC. 187. GRANT PERIODS. able; or ‘‘(1) FEDERAL AGENCY SUBMISSION.—The head ‘‘Unless otherwise specifically provided, the of each Federal agency and department shall ‘‘(2) a residential area that lacks basic living Corporation has authority to award a grant or necessities, such as water and sewer systems, prepare and submit to the Corporation a report contract, or enter into a cooperative agreement, concerning the implementation of this section, electricity, paved roads, and safe, sanitary under the national service laws for a period of housing. including an evaluation of the agency or de- 3 years. partment’s performance on performance goals ‘‘SEC. 189B. AUDITS AND REPORTS. and benchmarks for each partnership program ‘‘SEC. 188. GENERATION OF VOLUNTEERS. ‘‘The Corporation shall comply with applica- of the agency or department. ‘‘In making decisions on applications for as- ble audit and reporting requirements as pro- ‘‘(2) REPORT TO CONGRESS.—The Corporation sistance or approved national service positions vided in the Chief Financial Officers Act of 1990 shall prepare and submit to the authorizing under the national service laws, the Corporation (31 U.S.C. 901 note; Public Law 101–576) and committees a compilation of the information re- shall take into consideration the extent to which chapter 91 of title 31, United States Code (com- ceived under paragraph (1).’’. the applicant’s proposal will increase the in- monly known as the ‘Government Corporation volvement of volunteers in meeting community SEC. 1611. RIGHTS OF ACCESS, EXAMINATION, Control Act’). The Corporation shall report to AND COPYING. needs. In reviewing the application for this pur- the authorizing committees any failure to com- Section 183 (42 U.S.C. 12643) is amended— pose, the Corporation may take into account the ply with such requirements. (1) in subsection (a)— mission of the applicant. ‘‘SEC. 189C. RESTRICTIONS ON FEDERAL GOVERN- (A) in the matter preceding paragraph (1), by ‘‘SEC. 189. LIMITATION ON PROGRAM GRANT MENT AND USE OF FEDERAL FUNDS. striking ‘‘The’’ and inserting ‘‘Consistent with COSTS. ‘‘(a) GENERAL PROHIBITION.—Nothing in the otherwise applicable law, the’’; and ‘‘(a) LIMITATION ON GRANT AMOUNTS.—Except national service laws shall be construed to au- (B) in paragraph (1), by inserting ‘‘territory,’’ as otherwise provided by this section, the thorize an officer or employee of the Federal after ‘‘local government,’’; amount of funds approved by the Corporation Government to mandate, direct, or control a (2) in subsection (b)— for a grant to operate a program authorized State, local educational agency, or school’s cur- (A) in the matter preceding paragraph (1), by under the national service laws, for supporting riculum, program of instruction, or allocation of striking ‘‘The’’ and inserting ‘‘Consistent with individuals serving in approved national service State or local resources, or mandate a State or otherwise applicable law, the’’; and positions, may not exceed $18,000 per full-time any subdivision thereof to spend any funds or (B) in paragraph (1), by inserting ‘‘territory’’ equivalent position. incur any costs not paid for under this Act. after ‘‘local government,’’; and ‘‘(b) COSTS SUBJECT TO LIMITATION.—The lim- ‘‘(b) PROHIBITION ON ENDORSEMENT OF CUR- (3) by adding at the end the following: itation under subsection (a), and the increased RICULUM.—Notwithstanding any other prohibi- ‘‘(c) INSPECTOR GENERAL.—Consistent with limitation under subsection (e)(1), shall apply to tion of Federal law, no funds provided to the otherwise applicable law, the Inspector General the Corporation’s share of the member support Corporation under this Act may be used by the of the Corporation shall have access to, and the costs, staff costs, and other costs to operate a Corporation to endorse, approve, or sanction right to examine and copy, any books, docu- program authorized under the national service any curriculum designed to be used in an ele- ments, papers, records, and other recorded in- laws incurred, by the recipient of the grant. mentary school or secondary school. formation in any form— ‘‘(c) COSTS NOT SUBJECT TO LIMITATION.—The ‘‘(c) PROHIBITION ON REQUIRING FEDERAL AP- ‘‘(1) within the possession or control of the limitation under subsection (a), and the in- PROVAL OR CERTIFICATION STANDARDS.—Not- Corporation or any State or local government, creased limitation under subsection (e)(1), shall withstanding any other provision of Federal

VerDate Nov 24 2008 00:46 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.014 H31MRPT1 jbell on PROD1PC69 with HOUSE H4166 CONGRESSIONAL RECORD — HOUSE March 31, 2009 law, not State shall be required to have aca- paragraph is an individual age 18 or older to establish a nationwide fingerprint-based and demic content or student academic achievement who— other criminal background check system. standards approved or certified by the Federal ‘‘(A) serves in a position in which the indi- (I) The extent of State participation in the Government, in order to receive assistance under vidual receives a living allowance, stipend, na- procedures for background checks under the Na- this Act. tional service educational award, or salary tional Child Protection Act of 1993 (42 U.S.C. ‘‘SEC. 189D. CRIMINAL HISTORY CHECKS. through a program receiving assistance under 5119 et seq.). ‘‘(a) IN GENERAL.—Each entity selecting indi- the national service laws; and (J) The extent to which States provide access viduals to serve in a position in which the indi- ‘‘(B) as a result of such individual’s service in to nationwide criminal history checks to organi- viduals receive a living allowance, stipend, na- such position, has or will have access, on a re- zations that serve children. tional service educational award, or salary curring basis, to— (K) The extent to which States permit volun- through a program receiving assistance under ‘‘(i) children age 17 years or younger; teers and other individuals to appeal adverse the national service laws, shall, subject to regu- ‘‘(ii) individuals age 60 years or older; or fitness determinations, and whether similar pro- lations and requirements established by the Cor- ‘‘(iii) individuals with disabilities. cedures are required at the Federal level. poration, conduct criminal history checks for ‘‘(3) EXCEPTIONS.—The provisions of this sub- (L) Any privacy concerns that may arise from such individuals. section shall not apply to an entity— nationwide criminal background checks for par- ‘‘(A) where the service provided by individuals ‘‘(b) REQUIREMENTS.—A criminal history ticipants. check under subsection (a) shall, except in cases serving with the entity to a vulnerable popu- (M) Any other information determined rel- approved for good cause by the Corporation, in- lation described in paragraph (2)(B) is episodic evant by the Attorney General. in nature or for a 1-day period; clude— (2) INTERIM REPORT.—Based on the findings ‘‘(B) where the cost to the entity of complying ‘‘(1) a name-based search of the National Sex of the study under paragraph (1), the Attorney with this subsection is prohibitive; Offender Registry established under the Adam General shall, not later than 6 months after the ‘‘(C) where the entity is not authorized, or is Walsh Child Protection and Safety Act of 2006 date of the enactment of this Act, submit to the otherwise unable, under State law, to access the (42 U.S.C. 16901 et seq.); and appropriate committees of Congress an interim national criminal history background check sys- ‘‘(2)(A) a search of the State criminal registry report, which may include recommendations re- tem of the Federal Bureau of Investigation; or repository in the State in which the program garding criminal history checks for individuals ‘‘(D) where the entity is not authorized, or is is operating and the State in which the indi- that seek to volunteer with organizations that otherwise unable, under Federal law, to access vidual resides at the time of application; or work with children, the elderly, or individuals the national criminal history background check ‘‘(B) submitting fingerprints to the Federal with disabilities. system of the Federal Bureau of Investigation; Bureau of Investigation for a national criminal (3) FINAL REPORT.—Not later than 1 year after or history background check. ‘‘(E) to which the Corporation otherwise pro- the date of enactment of this Act, the Attorney ‘‘(c) ELIGIBILITY PROHIBITION.—An individual vides an exemption from this subsection for good General shall submit to the Committee on the shall be ineligible to serve in a position de- cause.’’. Judiciary and the Committee on Health, Edu- scribed under subsection (a) if such individual— cation, Labor, and Pensions of the Senate and (b) FEASIBILITY STUDY FOR A SYSTEM OF ‘‘(1) refuses to consent to the criminal history CRIMINAL HISTORY CHECKS FOR EMPLOYEES AND to the Committee on the Judiciary and the Com- check described in subsection (b); mittee on Education and Labor of the House of VOLUNTEERS.— ‘‘(2) makes a false statement in connection (1) FEASIBILITY STUDY ON EFFICIENCY AND EF- Representatives, a final report including rec- with such criminal history check; FECTIVENESS REGARDING CRIMINAL HISTORY ommendations regarding criminal history checks ‘‘(3) is registered, or is required to be reg- CHECK.—The Attorney General of the United for participants under the national service laws, istered, on a State sex offender registry or the States shall conduct a study that shall examine, which may include— National Sex Offender Registry established to the extent discernible and as of the date of (A) a proposal for grants to States to develop under the Adam Walsh Child Protection and the study, the following: or improve programs to collect fingerprints and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or (A) The state of criminal history checks (in- perform criminal history checks for individuals ‘‘(4) has been convicted of murder, as de- cluding the use of fingerprint collection) at the that seek to volunteer with organizations that scribed in section 1111 of title 18, United States State and local level, including— work with children, the elderly, or individuals Code.’’. (i) the available infrastructure for conducting with disabilities; and SEC. 1613. AVAILABILITY OF ASSISTANCE. criminal history checks; (B) recommendations for amendments to the (a) AMENDMENT.—Subtitle F of title I is fur- (ii) the State system capacities to conduct National Child Protection Act of 1993 and the ther amended by inserting after section 184 the such criminal history checks; and Volunteers for Children Act so that entities re- following: (iii) the time required for each State to process ceiving assistance under the national service ‘‘SEC. 184A. AVAILABILITY OF ASSISTANCE. an individual’s fingerprints for a national crimi- laws can promptly and affordably conduct na- ‘‘A reference in subtitle C, D, E, or H of title nal history background check through the Fed- tionwide criminal history background checks on I regarding an entity eligible to receive direct or eral Bureau of Investigation, from the time of their employees and volunteers. indirect assistance to carry out a national serv- fingerprint collection to the submission to the (4) DEFINITIONS.—In this subsection, the terms ice program shall include a non-profit organiza- Federal Bureau of Investigation. ‘‘authorizing committees’’, ‘‘participants’’, and tion promoting competitive and non-competitive (B) The likelihood that each State would par- ‘‘national service laws’’ have the meanings sporting events involving individuals with dis- ticipate in a nationwide system of criminal his- given such terms in section 101 of the National abilities (including the Special Olympics), which tory checks to provide information regarding and Community Service Act of 1990 (42 U.S.C. enhance the quality of life for individuals with participants to entities receiving assistance 12511). disabilities.’’. under the national service laws. (c) EFFECTIVE DATE.—Notwithstanding sec- SEC. 1614. CRIMINAL HISTORY CHECKS FOR INDI- (C) The number of participants that would re- tion 6101, subsection (b) shall take effect on the VIDUALS WORKING WITH VULNER- quire a fingerprint-based national criminal his- date of enactment of this Act. ABLE POPULATIONS. tory background check under the national serv- Subtitle G—Amendments to Subtitle G (Cor- (a) AMENDMENT.—Section 189D, as added by ice laws. poration for National and Community Serv- section 1612, is further amended by adding at (D) The impact of the national service laws on ice) the end the following: the Integrated Automated Fingerprint Identi- SEC. 1701. TERMS OF OFFICE. ‘‘(d) SPECIAL RULE FOR INDIVIDUALS WORKING fication System of the Federal Bureau of Inves- WITH VULNERABLE POPULATIONS.— tigation in terms of capacity and impact on Section 192 (42 U.S.C. 12651a) is amended— ‘‘(1) IN GENERAL.—Notwithstanding subsection other users of the system, including the effect on (1) by striking subsection (c) and inserting the (b), on and after the date that is 2 years after the work practices and staffing levels of the following: the date of enactment of the Serve America Act, Federal Bureau of Investigation. ‘‘(c) TERMS.—Subject to subsection (e), each a criminal history check under subsection (a) (E) The fees charged by the Federal Bureau of appointed member shall serve for a term of 5 for each individual described in paragraph (2) Investigation, States, local agencies, and private years.’’; and shall, except for an entity described in para- companies to collect and process fingerprints (2) by adding at the end the following: graph (3), include— and conduct criminal history checks. ‘‘(e) SERVICE UNTIL APPOINTMENT OF SUC- ‘‘(A) a name-based search of the National Sex (F) The existence of model or best practice CESSOR.—A voting member of the Board whose Offender Registry established under the Adam programs regarding conducting criminal history term has expired may continue to serve on the Walsh Child Protection and Safety Act of 2006 checks that could easily be expanded and dupli- Board until the date on which the member’s suc- (42 U.S.C. 16901 et seq.); cated in other States. cessor takes office, which period shall not ex- ‘‘(B) a search of the State criminal registry or (G) The extent to which private companies are ceed 1 year.’’. repository in the State in which the program is currently performing criminal history checks, SEC. 1702. BOARD OF DIRECTORS AUTHORITIES operating and the State in which the individual and the possibility of using private companies in AND DUTIES. resides at the time of application; and the future to perform any of the criminal history Section 192A(g) (42 U.S.C. 12651b(g)) is amend- ‘‘(C) submitting fingerprints to the Federal check process, including the collection and ed— Bureau of Investigation for a national criminal transmission of fingerprints and fitness deter- (1) in the matter preceding paragraph (1), by history background check. minations. striking ‘‘shall—’’ and inserting ‘‘shall have re- ‘‘(2) INDIVIDUALS WITH ACCESS TO VULNERABLE (H) The cost of development and operation of sponsibility for setting overall policy for the POPULATIONS.—An individual described in this the technology and the infrastructure necessary Corporation and shall—’’;

VerDate Nov 24 2008 00:46 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.015 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4167 (2) in paragraph (1), by inserting before the ing ‘‘appropriate committees of Congress’’ and programs and veterans can serve in disasters semicolon at the end the following: ‘‘, and re- inserting ‘‘authorizing committees’’; and emergencies (as such terms are defined in view the budget proposal in advance of submis- (G) in paragraph (11) (as so redesignated)— section 198H(a)); sion to the Office of Management and Budget’’; (i) in the matter preceding subparagraph (A), ‘‘(23) identify and implement strategies to in- (3) in paragraph (5)— by striking ‘‘by June 30, 1995,’’ and inserting crease awareness among Indian tribes of the (A) in subparagraph (A), by striking ‘‘and’’ at ‘‘periodically,’’; types and availability of assistance under the the end; (ii) in subparagraph (A)(i)— national service laws, increase Native American (B) in subparagraph (B), by inserting ‘‘and’’ (I) by striking ‘‘described in section 122(c)(1)’’; participation in programs under the national after the semicolon; and and service laws, collect information on challenges (C) by adding at the end the following: (II) by striking ‘‘national priorities designed facing Native American communities, and des- ‘‘(C) review the performance of the Chief Ex- to meet the’’ and inserting ‘‘national priorities, ignate a Strategic Advisor for Native American ecutive Officer annually and forward a report as described in section 122(f)(1), designed to Affairs to be responsible for the execution of on that review to the President;’’; meet’’; and those activities under the national service laws; (4) in paragraph (8), by striking ‘‘the Con- (iii) in subparagraph (B), by striking ‘‘and’’ ‘‘(24) conduct outreach to ensure the inclusion gress’’ each place it appears and inserting ‘‘the after a semicolon; of economically disadvantaged individuals in authorizing committees’’; (H) in paragraph (12) (as so redesignated), by national service programs and activities author- (5) by striking paragraph (10) and inserting striking the period at the end and inserting a ized under the national service laws; and the following: semicolon; and ‘‘(25) ensure that outreach, awareness, and ‘‘(10) notwithstanding any other provision of (I) by adding at the end the following: recruitment efforts are consistent with the law— ‘‘(13) bolster the public awareness of and re- Americans with Disabilities Act of 1990 (42 ‘‘(A) make grants to or contracts with Federal cruitment efforts for the wide range of service U.S.C. 12101 et seq.) and section 504 of the Re- and other public departments or agencies, and opportunities for citizens of all ages, regardless habilitation Act of 1973 (29 U.S.C. 794).’’; private nonprofit organizations, for the assign- of socioeconomic status or geographic location, (2) in subsection (c)— ment or referral of volunteers under the provi- through a variety of methods, including— (A) in paragraph (9)— sions of title I of the Domestic Volunteer Service ‘‘(A) print media; (i) by striking ‘‘Congress’’ each place the term Act of 1973 (42 U.S.C. 4950 et seq.) (except as ‘‘(B) the Internet and related emerging tech- occurs and inserting ‘‘the authorizing commit- provided in section 108 of such Act), which may nologies; tees’’; and provide that the agency or organization shall ‘‘(C) television; (ii) by striking ‘‘and’’ at the end; pay all or a part of the costs of the program; ‘‘(D) radio; (B) by redesignating paragraph (10) as para- and ‘‘(E) presentations at public or private forums; graph (11); and ‘‘(B) enter into agreements with other Federal ‘‘(F) other innovative methods of communica- (C) by inserting after paragraph (9) the fol- agencies or private nonprofit organizations for tion; and lowing: the support of programs under the national ‘‘(G) outreach to offices of economic develop- ‘‘(10) obtain the opinions of peer reviewers in service laws, which— ment, State employment security agencies, labor evaluating applications to the Corporation for ‘‘(i) may provide that the agency or organiza- organizations and trade associations, local edu- assistance under this title; and’’; tion shall pay all or a part of the costs of the cational agencies, institutions of higher edu- (3) in subsection (f)(2)(B), by striking ‘‘date program, except as is provided in section 121(b); cation, agencies and organizations serving vet- specified in subsection (b)(10)’’ and inserting and erans and individuals with disabilities, and ‘‘the first date that a report is submitted under ‘‘(ii) shall provide that the program (including other institutions or organizations from which subsection (b)(11) after the effective date of the any program operated by another Federal agen- participants for programs receiving assistance Serve America Act’’; and cy) will comply with all requirements related to from the national service laws can be recruited; (4) by adding at the end the following: ‘‘(14) identify and implement methods of re- evaluation, performance, and other goals appli- ‘‘(h) AUTHORITY TO CONTRACT WITH BUSI- cable to similar programs under the national cruitment to— NESSES.—The Chief Executive Officer may, service laws, as determined by the Corpora- ‘‘(A) increase the diversity of participants in through contracts or cooperative agreements, tion,’’; and the programs receiving assistance under the na- carry out the marketing duties described in sub- (6) in paragraph (11)— tional service laws; and section (b)(13), with priority given to those enti- (A) by striking ‘‘Congress’’ each place it ap- ‘‘(B) increase the diversity of service sponsors ties that have established expertise in the re- pears and inserting ‘‘authorizing committees’’; of programs desiring to receive assistance under cruitment of disadvantaged youth, members of (B) by striking ‘‘section 193A(b)(10)’’ and in- the national service laws; Indian tribes, and older adults. serting ‘‘section 193A(b)(11)’’; and ‘‘(15) coordinate with organizations of former ‘‘(i) CAMPAIGN TO SOLICIT FUNDS.—The Chief (C) by striking ‘‘September 30, 1995’’ and in- participants of national service programs for Executive Officer may conduct a campaign to serting ‘‘January 1, 2012’’. service opportunities that may include capacity solicit funds to conduct outreach and recruit- building, outreach, and recruitment for pro- SEC. 1703. CHIEF EXECUTIVE OFFICER COM- ment campaigns to recruit a diverse population PENSATION. grams receiving assistance under the national of service sponsors of, and participants in, pro- service laws; Section 193(b) (42 U.S.C. 12651c(b)) is amended grams and projects receiving assistance under ‘‘(16) collaborate with organizations with by striking the period and inserting ‘‘, plus 3 the national service laws.’’. percent.’’. demonstrated expertise in supporting and ac- SEC. 1705. CHIEF FINANCIAL OFFICER STATUS. SEC. 1704. AUTHORITIES AND DUTIES OF THE commodating individuals with disabilities, in- CHIEF EXECUTIVE OFFICER. cluding institutions of higher education, to Section 194(c) (42 U.S.C. 12651e(c)) is amend- Section 193A (42 U.S.C. 12651d) is amended— identify and implement methods of recruitment ed— (1) in subsection (b)— to increase the number of participants who are (1) by striking paragraphs (1) and (2) and in- (A) in the matter preceding paragraph (1), by individuals with disabilities in the programs re- serting the following: striking ‘‘shall—’’ and inserting ‘‘, in collabora- ceiving assistance under the national service ‘‘(1) IN GENERAL.—There shall be in the Cor- tion with the State Commissions, shall—’’; laws; poration a Chief Financial Officer, who shall be (B) in paragraph (1), by inserting after ‘‘a ‘‘(17) identify and implement recruitment appointed by the Chief Executive Officer pursu- strategic plan’’ the following: ‘‘, including a strategies and training programs for bilingual ant to subsections (a) and (b) of section 195.’’; plan for having 50 percent of all approved na- volunteers in the National Senior Service Corps and tional service positions be full-time positions by under title II of the Domestic Volunteer Service (2) by redesignating paragraph (3) as para- 2012,’’; Act of 1973; graph (2). (C) in paragraph (2)(B), by inserting ‘‘, ap- ‘‘(18) collaborate with organizations that have SEC. 1706. NONVOTING MEMBERS; PERSONAL proved summer of service positions, and ap- established volunteer recruitment programs to SERVICES CONTRACTS. proved silver scholar positions’’ after ‘‘approved increase the recruitment capacity of the Cor- Section 195 (42 U.S.C. 12651f) is amended— national service positions’’; poration; (1) in subsection (c)— (D) by redesignating paragraphs (7) through ‘‘(19) where practicable, provide application (A) in paragraph (2)(B), by inserting after (11) as paragraphs (8) through (12), respectively; materials in languages other than English for ‘‘subdivision of a State,’’ the following: ‘‘terri- (E) by inserting after paragraph (6) the fol- individuals with limited English proficiency tory,’’; and lowing: who wish to participate in a national service (B) in paragraph (3)— ‘‘(7) prepare and submit to the authorizing program; (i) in the heading, by striking ‘‘MEMBER’’ and committees and the Board an annual report on ‘‘(20) collaborate with the training and tech- inserting ‘‘NONVOTING MEMBER’’; and actions taken to achieve the goal of having 50 nical assistance programs described in subtitle J (ii) by inserting ‘‘nonvoting’’ before ‘‘mem- percent of all approved national service posi- with respect to the activities described in section ber’’; and tions be full-time positions by 2012 as described 199N(b)); (2) by adding at the end the following new in paragraph (1), including an assessment of the ‘‘(21) coordinate the clearinghouses described subsection: progress made toward achieving that goal and in section 198O; ‘‘(g) PERSONAL SERVICES CONTRACTS.—The the actions to be taken in the coming year to- ‘‘(22) coordinate with entities receiving funds Corporation may enter into personal services ward achieving that goal;’’; under subtitle C in establishing the National contracts to carry out research, evaluation, and (F) in the matter preceding subparagraph (A) Service Reserve Corps under section 198H, public awareness related to the national service of paragraph (10) (as so redesignated), by strik- through which alumni of the national service laws.’’.

VerDate Nov 24 2008 00:46 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.015 H31MRPT1 jbell on PROD1PC69 with HOUSE H4168 CONGRESSIONAL RECORD — HOUSE March 31, 2009 SEC. 1707. DONATED SERVICES. ‘‘(5) the extent to which existing programs (B) establishing a comparable system of data Section 196(a) (42 U.S.C. 12651g(a)) is amend- and activities carried out under the national matching with the Social Security Administra- ed— service laws are coordinated and recommendation and the Department of Homeland Security; (1) in paragraph (1)— tions to improve such coordination including the and (A) by striking subparagraph (A) and insert- methods for ensuring the efficient financial or- (2) identify— ing the following: ganization of services directed towards veterans; (A) the costs, for both the Corporation and ‘‘(A) ORGANIZATIONS AND INDIVIDUALS.—Not- and the other Federal agencies identified in para- withstanding section 1342 of title 31, United ‘‘(6) how to improve utilization of veterans as graph (1), associated with expanding or estab- States Code, the Corporation may solicit and ac- resources and volunteers. lishing such a system of data matching; cept the services of organizations and individ- ‘‘(b) CONSULTATION.—In conducting the stud- (B) the benefits or detriments of such an ex- uals (other than participants) to assist the Cor- ies and preparing the reports required under panded or comparable system both for the Cor- poration in carrying out the duties of the Cor- this subsection, the Corporation shall consult poration and for the other Federal agencies so poration under the national service laws, and with veterans’ service organizations, the Sec- identified; may provide to such individuals the travel ex- retary of Veterans Affairs, State veterans agen- (C) strategies for ensuring the privacy and se- penses described in section 192A(d).’’; cies, the Secretary of Defense, as appropriate, curity of participant information that is shared (B) in subparagraph (B)— and other individuals and entities the Corpora- between Federal agencies and organizations re- (i) in the matter preceding clause (i), by strik- tion considers appropriate.’’. ceiving assistance under the national service ing ‘‘Such a volunteer’’ and inserting ‘‘A person SEC. 1710. STUDY TO EXAMINE AND INCREASE laws; who provides assistance, either individually or SERVICE PROGRAMS FOR DIS- (D) the information that needs to be shared in as a member of an organization, in accordance PLACED WORKERS IN SERVICES order to fulfill the eligibility requirements of sec- CORPS AND COMMUNITY SERVICE with subparagraph (A)’’; tion 146(a)(3) of the National and Community (ii) in clause (i), by striking ‘‘a volunteer AND TO DEVELOP PILOT PROGRAM PLANNING STUDY. Service Act of 1990 (42 U.S.C. 12602(a)(3)); under this subtitle’’ and inserting ‘‘such a per- (a) PLANNING STUDY.—The Corporation shall (E) an alternative system through which an son’’; conduct a study to identify— individual’s compliance with section 146(a)(3) of (iii) in clause (ii), by striking ‘‘volunteers (1) specific areas of need for displaced work- such Act may be verified, should such an ex- under this subtitle’’ and inserting ‘‘such per- ers; panded or comparable system fail to verify the sons’’; and (2) how existing programs and activities (as of individual’s declaration of compliance; and (iv) in clause (iii), by striking ‘‘such a volun- the time of the study) carried out under the na- (F) recommendations for implementation of teer’’ and inserting ‘‘such a person’’; and tional service laws could better serve displaced such an expanded or comparable system. (C) in subparagraph (C)(i), by striking ‘‘Such workers and communities that have been ad- (b) CONSULTATION.—The Corporation shall a volunteer’’ and inserting ‘‘Such a person’’; versely affected by plant closings and job losses; carry out the study in consultation with the and (3) prospects for better utilization of displaced Secretary of Education, the Commissioner of the (2) by striking paragraph (3). workers as resources and volunteers; and Social Security Administration, the Secretary of SEC. 1708. ASSIGNMENT TO STATE COMMISSIONS. (4) methods for ensuring the efficient finan- Homeland Security, and other Federal agencies, Subtitle G of title I (42 U.S.C. 12651 et seq.) is cial organization of services directed towards entities, and individuals that the Corporation further amended by adding at the end the fol- displaced workers. considers appropriate. lowing: (b) CONSULTATION.—The study shall be car- (c) REPORT.—Not later than 9 months after ‘‘SEC. 196B. ASSIGNMENT TO STATE COMMIS- ried out in consultation with the Secretary of the effective date of this Act, the Corporation SIONS. Labor, State labor agencies, and other individ- shall submit to the authorizing committees a re- ‘‘(a) ASSIGNMENT.—In accordance with section uals and entities the Corporation considers ap- port on the results of the study required by sub- 193A(c)(1), the Chief Executive Officer may as- propriate. section (a) and a plan for implementation of a sign to State Commissions specific programmatic (c) REPORT.—Not later than 1 year after the pilot data matching program using promising functions upon a determination that such an effective date of this Act, the Corporation shall strategies and approaches identified in such assignment will increase efficiency in the oper- submit to the authorizing committees a report on study, if the Corporation determines such pro- ation or oversight of a program under the na- the results of the planning study required by gram to be feasible. tional service laws. In carrying out this section, subsection (a), together with a plan for imple- (d) PILOT PROGRAM.—From amounts made and before executing any assignment of author- mentation of a pilot program using promising available to carry out this section, the Corpora- ity, the Corporation shall seek input from and strategies and approaches for better targeting tion may develop and carry out a pilot data consult Corporation employees, State Commis- and serving displaced workers. matching program based on the report submitted (d) PILOT PROGRAM.—From amounts made sions, State educational agencies, and other in- under subsection (c). available to carry out this section, the Corpora- terested stakeholders. (e) DEFINITIONS.—In this section, the terms tion shall develop and carry out a pilot program ‘‘(b) REPORT.—Not later than 2 years after the ‘‘Corporation’’, ‘‘authorizing committees’’, and based on the findings and plan in the report effective date of the Serve America Act, the Cor- ‘‘national service laws’’ have the meanings submitted under subsection (c). poration shall submit a report to the authorizing given the terms in section 101 of the National (e) DEFINITIONS.—In this section, the terms committees describing the consultation process and Community Service Act of 1990 (42 U.S.C. ‘‘Corporation’’, ‘‘authorizing committees’’, and described in subsection (a), including the stake- 12511). ‘‘national service laws’’ have the meanings holders consulted, the recommendation of stake- given the terms in section 101 of the National SEC. 1712. STUDY OF PROGRAM EFFECTIVENESS. holders, and any actions taken by the Corpora- and Community Service Act of 1990 (42 U.S.C. (a) IN GENERAL.—Not later than 12 months tion under this section.’’. 12511). after the date of enactment of this Act, the SEC. 1709. STUDY OF INVOLVEMENT OF VET- (f) AUTHORIZATION OF APPROPRIATIONS.— Comptroller General of the United States shall ERANS. There are authorized to be appropriated to carry develop performance measures for each program Subtitle G of title I (42 U.S.C. 12651 et seq.) is out this section such sums as may be necessary receiving Federal assistance under the national further amended by adding at the end the fol- for each of fiscal years 2010 through 2014. service laws. lowing: SEC. 1711. STUDY TO EVALUATE THE EFFECTIVE- (b) CONTENTS.—The performance measures de- ‘‘SEC. 196C. STUDY OF INVOLVEMENT OF VET- NESS OF AGENCY COORDINATION. veloped under subsection (a) shall— ERANS. (a) STUDY.—In order to reduce administrative (1) to the maximum extent practicable draw on ‘‘(a) STUDY AND REPORT.—The Corporation burdens and lower costs for national service research-based, quantitative data; shall conduct a study and submit a report to the programs carried out under the national service (2) take into account program purpose and authorizing committees, not later than 3 years laws, the Corporation shall conduct a study to program design; after the effective date of the Serve America Act, determine the feasibility and effectiveness of im- (3) include criteria to evaluate the cost effec- on— plementing a data matching system under which tiveness of programs receiving assistance under ‘‘(1) the number of veterans serving in na- the statements of an individual declaring that the national service laws; tional service programs historically by year; such individual is in compliance with the re- (4) include criteria to evaluate the administra- ‘‘(2) strategies being undertaken to identify quirements of section 146(a)(3) of the National tion and management of programs receiving the specific areas of need of veterans, including and Community Service Act of 1990 (42 U.S.C. Federal assistance under the national service any goals set by the Corporation for veterans 12602(a)(3)) shall be verified by the Corporation laws; and participating in the service programs; by comparing information provided by the indi- (5) include criteria to evaluate oversight and ‘‘(3) the impact of the strategies described in vidual with information relevant to such a dec- accountability of recipients of assistance paragraph (2) and the Veterans Corps on ena- laration in the possession of other Federal agen- through such programs under the national serv- bling greater participation by veterans in the cies. Such study shall— ice laws. national service programs carried out under the (1) review the feasibility of— (c) REPORT.—Not later than 2 years after the national service laws; (A) expanding, and participating in, the data development of the performance measures under ‘‘(4) how existing programs and activities car- matching conducted by the Department of Edu- subsection (a), and every 5 years thereafter, the ried out under the national service laws could cation with the Social Security Administration Comptroller General of the United States shall be improved to serve veterans, veterans service and the Department of Homeland Security, pur- prepare and submit to the authorizing commit- organizations, families of active-duty military, suant to section 484(g) of the Higher Education tees and the Corporation’s Board of Directors a including gaps in services to veterans; Act of 1965 (20 U.S.C. 1091(g)); or report containing an assessment of each such

VerDate Nov 24 2008 00:46 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.015 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4169 program with respect to the performance meas- (ii) in the second sentence, by striking ‘‘ap- ‘‘(C) improve energy efficiency and conserve ures developed under subsection (a). propriate ceremonies and activities’’ and insert- natural resources; (d) DEFINITIONS.—In this section: ing ‘‘appropriate youth-led community improve- ‘‘(D) improve economic opportunities for eco- (1) IN GENERAL.—The terms ‘‘authorizing comment and service-learning activities’’; nomically disadvantaged individuals; or mittees’’, ‘‘Corporation’’, and ‘‘national service (D) in paragraph (2)— ‘‘(E) improve disaster preparedness and re- laws’’ have the meanings given the terms in sec- (i) by inserting ‘‘and other Federal depart- sponse. tion 101 of the National and Community Service ments and agencies’’ after ‘‘Corporation’’; and ‘‘(2) ELIGIBLE FELLOWSHIP RECIPIENT.—The Act of 1990 (42 U.S.C. 12511). (ii) by striking ‘‘ceremonies and activities’’ term ‘eligible fellowship recipient’ means an in- (2) PROGRAM.—The term ‘‘program’’ means an and inserting ‘‘youth-led community improve- dividual who is selected by a State Commission entire program carried out by the Corporation ment and service-learning activities’’; and under subsection (c) and, as a result of such se- under the national service laws, such as the en- (E) in paragraph (3), by inserting ‘‘and other lection, is eligible for a ServeAmerica Fellow- tire AmeriCorps program carried out under sub- Federal departments and agencies’’ after ‘‘Cor- ship. title C. poration’’. ‘‘(3) FELLOW.—The term ‘fellow’ means an eli- SEC. 1713. VOLUNTEER MANAGEMENT CORPS (c) CALL TO SERVICE CAMPAIGN AND SEP- gible fellowship recipient who is awarded a STUDY. TEMBER 11TH DAY OF SERVICE.—Section 198 (42 ServeAmerica Fellowship and is designated a (a) FINDINGS.—Congress finds the following: U.S.C. 12653), as amended by subsection (a), is fellow under subsection (e)(2). (1) Many managers seek opportunities to give further amended by adding at the end the fol- ‘‘(4) SMALL SERVICE SPONSOR ORGANIZATION.— back to their communities and address the Na- lowing: The term ‘small service sponsor organization’ tion’s challenges. ‘‘(j) CALL TO SERVICE CAMPAIGN.—Not later means a service sponsor organization described (2) Managers possess business and technical than 180 days after the date of enactment of the in subsection (d)(1) that has not more than 10 skills that make them especially suited to help Serve America Act, the Corporation shall con- full-time employees and 10 part-time employees. nonprofit organizations and State and local duct a nationwide ‘Call To Service’ campaign, ‘‘(b) GRANTS.— governments create efficiencies and cost savings to encourage all people of the United States, re- ‘‘(1) IN GENERAL.—From the amounts appro- and develop programs to serve communities in gardless of age, race, ethnicity, religion, or eco- priated under section 501(a)(4)(B) and allotted need. nomic status, to engage in full- or part-time na- under paragraph (2)(A), the Corporation shall (3) There are currently a large number of tional service, long- or short-term public service make grants (including financial assistance and businesses and firms who are seeking to identify in the nonprofit sector or government, or volun- a corresponding allotment of approved national savings through sabbatical opportunities for teering. In conducting the campaign, the Cor- service positions), to the State Commission of senior employees. poration may collaborate with other Federal each of the several States, the District of Colum- (b) STUDY AND PLAN.—Not later than 6 agencies and entities, State Commissions, Gov- bia, and the Commonwealth of Puerto Rico with months after the date of enactment of this Act, ernors, nonprofit and faith-based organizations, an application approved under this section, to the Corporation shall— businesses, institutions of higher education, ele- enable such State Commissions to award (1) conduct a study on how best to establish mentary schools, and secondary schools. ServeAmerica Fellowships under subsection (e). and implement a Volunteer Management Corps ‘‘(k) SEPTEMBER 11TH DAY OF SERVICE.— ‘‘(2) ALLOTMENT; ADMINISTRATIVE COSTS.— program; and ‘‘(1) FEDERAL ACTIVITIES.—The Corporation ‘‘(A) ALLOTMENT.—The amount allotted to a (2) submit a plan regarding the establishment may organize and carry out appropriate cere- State Commission for a fiscal year shall be equal of such program to Congress and to the Presi- monies and activities, which may include activi- to an amount that bears the same ratio to the dent. ties that are part of the broader Call to Service amount appropriated under section 501(a)(4)(B), (c) CONSULTATION.—In carrying out the study Campaign under subsection (j), in order to ob- as the population of the State bears to the total described in subsection (b)(1), the Corporation serve the September 11th National Day of Serv- population of the several States, the District of may consult with experts in the private and ice and Remembrance at the Federal level. Columbia, and the Commonwealth of Puerto nonprofit sectors. ‘‘(2) ACTIVITIES.—The Corporation may make Rico. (d) EFFECTIVE DATE.—Notwithstanding sec- grants and provide other support to community- ‘‘(B) REALLOTMENT.—If a State Commission tion 6101, this section shall take effect on the based organizations to assist in planning and does not apply for an allotment under this sub- date of enactment of this Act. carrying out appropriate service, charity, and section for any fiscal year, or if the State Com- Subtitle H—Amendments to Subtitle H remembrance opportunities in conjunction with mission’s application is not approved, the Cor- (Investment for Quality and Innovation) the September 11th National Day of Service and poration shall reallot the amount of the State Remembrance. Commission’s allotment to the remaining State SEC. 1801. TECHNICAL AMENDMENT TO SUBTITLE ‘‘(3) CONSULTATION.—The Corporation may Commissions in accordance with subparagraph H. consult with and make grants or provide other (A). Subtitle H of title I (42 U.S.C. 12653 et seq.) is forms of support to nonprofit organizations with ‘‘(C) ADMINISTRATIVE COSTS.—Of the amount amended by inserting after the subtitle heading expertise in representing families of victims of allotted to a State Commission under subpara- and before section 198 the following: the September 11, 2001 terrorist attacks and graph (A), not more than 1.5 percent of such ‘‘PART I—ADDITIONAL CORPORATION AC- other impacted constituencies, and in promoting amount may be used for administrative costs. TIVITIES TO SUPPORT NATIONAL SERV- the establishment of September 11 as an annu- ‘‘(3) NUMBER OF POSITIONS.—The Corporation ICE’’. ally recognized National Day of Service and Re- shall— SEC. 1802. ADDITIONAL CORPORATION ACTIVI- membrance.’’. ‘‘(A) establish or increase the number of ap- TIES TO SUPPORT NATIONAL SERV- SEC. 1803. REPEALS. proved national service positions under this sub- ICE. (a) REPEALS.—The following provisions are re- section during each of fiscal years 2010 through (a) TECHNICAL AMENDMENTS.—Section 198 (42 pealed: 2014; U.S.C. 12653) is amended— (1) CLEARINGHOUSES.—Section 198A (42 U.S.C. ‘‘(B) establish the number of approved posi- (1) in subsection (a), by striking ‘‘subsection 12653a). tions at 500 for fiscal year 2010; and (r)’’ and inserting ‘‘subsection (g)’’; (2) MILITARY INSTALLATION CONVERSION DEM- ‘‘(C) increase the number of the approved po- (2) in the matter preceding paragraph (1) of ONSTRATION PROGRAMS.—Section 198C (42 U.S.C. sitions to— subsection (b), by striking ‘‘to improve the qual- 12653c). ‘‘(i) 750 for fiscal year 2011; ity’’ and all that follows through ‘‘including— (3) SPECIAL DEMONSTRATION PROJECT.—Sec- ‘‘(ii) 1,000 for fiscal year 2012; ’’ and inserting ‘‘to address emergent needs tion 198D (42 U.S.C. 12653d). ‘‘(iii) 1,250 for fiscal year 2013; and through summer programs and other activities, (b) REDESIGNATION.—Section 198B (42 U.S.C. ‘‘(iv) 1,500 for fiscal year 2014. and to support service-learning programs and 12653b) is redesignated as section 198A. ‘‘(4) USES OF GRANT FUNDS.— national service programs, including—’’; ‘‘(A) REQUIRED USES.—A grant awarded under SEC. 1804. PRESIDENTIAL AWARDS. (3) by striking subsections (c), (d), (e), (f), (h), this subsection shall be used to enable fellows to Section 198A(a)(2) (as redesignated by section (i), (j), (l), (m), and (p) and redesignating sub- carry out service projects in areas of national 1803(b)) (42 U.S.C. 12653b(a)(2)) is further sections (g), (k), (n), (o), (q), (r), and (s) as sub- need. amended by striking ‘‘section 101(19)’’ and in- sections (c), (d), (e), (f), (g), (h), and (i), respec- ‘‘(B) PERMITTED USES.—A grant awarded serting ‘‘section 101’’. tively. under this subsection may be used for— (b) GLOBAL YOUTH SERVICE DAYS.—Section SEC. 1805. NEW FELLOWSHIPS. ‘‘(i) oversight activities and mechanisms for 198 (42 U.S.C. 12653), as amended in subsection Part I of subtitle H of title I (42 U.S.C. 12653 the service sites of the fellows, as determined (a), is further amended— et seq.) is further amended by adding at the end necessary by the State Commission or the Cor- (1) in subsection (g) (as redesignated by sub- the following new sections: poration, which may include site visits; section (a)(3))— ‘‘SEC. 198B. SERVEAMERICA FELLOWSHIPS. ‘‘(ii) activities to augment the experience of (A) in the subsection heading, by striking ‘‘(a) DEFINITIONS.—In this section: fellows, including activities to engage the fel- ‘‘NATIONAL’’ and inserting ‘‘GLOBAL’’; ‘‘(1) AREA OF NATIONAL NEED.—The term ‘area lows in networking opportunities with other na- (B) by striking ‘‘National Youth’’ each place of national need’ means an area involved in ef- tional service participants; and it appears and inserting ‘‘Global Youth’’; forts to— ‘‘(iii) recruitment or training activities for fel- (C) in paragraph (1)— ‘‘(A) improve education in schools for eco- lows. (i) by striking the first sentence and inserting nomically disadvantaged students; ‘‘(5) APPLICATIONS.—To be eligible to receive a ‘‘April 24, 2009, and April 23, 2010, are each des- ‘‘(B) expand and improve access to health grant under this subsection, a State Commission ignated as ‘Global Youth Service Days’.’’; and care; shall submit an application to the Corporation

VerDate Nov 24 2008 00:46 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.015 H31MRPT1 jbell on PROD1PC69 with HOUSE H4170 CONGRESSIONAL RECORD — HOUSE March 31, 2009 at such time, in such manner, and containing until the organization registers with the State under subparagraph (B) from the service spon- such information as the Corporation may re- Commission. sor organization for a fellow serving the organi- quire, including information on the criteria and ‘‘(B) CLEARINGHOUSE.—The State Commission zation if— procedures that the State Commission will use shall maintain a list of registered service spon- ‘‘(i) such requirement is inconsistent with the for overseeing ServeAmerica Fellowship place- sor organizations on a public website. objectives of the ServeAmerica Fellowship pro- ments for service projects, under subsection (e). ‘‘(C) REVOCATION.—If a State Commission de- gram; and ‘‘(c) ELIGIBLE FELLOWSHIP RECIPIENTS.— termines that a service sponsor organization is ‘‘(ii) the amount provided to the fellow under ‘‘(1) APPLICATION.— in violation of any of the applicable provisions subparagraph (A) is sufficient to meet the nec- ‘‘(A) IN GENERAL.—An applicant desiring to of this section— essary costs of living (including food, housing, become an eligible fellowship recipient shall sub- ‘‘(i) the State Commission shall revoke the reg- and transportation) in the area in which the mit an application to a State Commission that istration of the organization; ServeAmerica Fellowship program is located. has elected to participate in the program au- ‘‘(ii) the organization shall not be eligible to ‘‘(F) DEFINITION.—In this paragraph, the term thorized under this section, at such time and in receive assistance, approved national service po- ‘average annual VISTA subsistence allowance’ such manner as the Commission may require, sitions, or approved summer of service positions means the total average annual subsistence al- and containing the information described in under this title for not less than 5 years; and lowance provided to VISTA volunteers under subparagraph (B) and such additional informa- ‘‘(iii) the State Commission shall have the section 105 of the Domestic Volunteer Service tion as the Commission may require. An appli- right to remove a fellow from the organization Act of 1973 (42 U.S.C. 4955). cant may submit such application to only 1 and relocate the fellow to another site. ‘‘(f) COMPLIANCE WITH INELIGIBLE SERVICE State Commission for a fiscal year. ‘‘(e) FELLOWS.— CATEGORIES.—Service under a ServeAmerica ‘‘(1) IN GENERAL.—To be eligible to participate ‘‘(B) CONTENTS.—The Corporation shall speci- Fellowship shall comply with section 132(a). For fy information to be provided in an application in a service project as a fellow and receive a purposes of applying that section to this sub- submitted under this subsection, which— ServeAmerica Fellowship, an eligible fellowship section, a reference to assistance shall be con- ‘‘(i) shall include— recipient shall— sidered to be a reference to assistance provided ‘‘(I) a description of the area of national need ‘‘(A) within 3 months after being selected as under this section. that the applicant intends to address in the an eligible fellowship recipient by a State Com- ‘‘(g) REPORTS.—Each service sponsor organi- service project; mission, select a registered service sponsor orga- zation that receives a fellow under this section ‘‘(II) a description of the skills and experience nization described in subsection (d)— shall, on a biweekly basis, report to the Cor- the applicant has to address the area of na- ‘‘(i) with which the recipient is interested in poration on the number of hours served and the tional need; serving under this section; and services provided by that fellow. The Corpora- ‘‘(ii) that is located in the State served by the ‘‘(III) a description of the type of service the tion shall establish a web portal for the organi- State Commission; applicant plans to provide as a fellow; and zations to use in reporting the information. ‘‘(B) enter into an agreement with the organi- ‘‘(IV) information identifying the local area ‘‘(h) EDUCATIONAL AWARDS.—A fellow who zation— serves in a service project under this section within the State served by the Commission in ‘‘(i) that specifies the service the recipient will shall be considered to have served in an ap- which the applicant plans to serve for the serv- provide if the placement is approved; and ice project; and ‘‘(ii) in which the recipient agrees to serve for proved national service position and, upon ‘‘(ii) may include, if the applicant chooses, the 1 year on a full-time or part-time basis (as deter- meeting the requirements of section 147 for full- size of the registered service sponsor organiza- mined by the Corporation); and time or part-time national service, shall be eligi- tion with which the applicant hopes to serve. ‘‘(C) submit such agreement to the State Com- ble for a national service educational award de- ‘‘(2) SELECTION.—Each State Commission mission. scribed in such section. The Corporation shall shall— ‘‘(2) AWARD.—Upon receiving the eligible fel- transfer an appropriate amount of funds to the ‘‘(A) select, from the applications received by lowship recipient’s agreement under paragraph National Service Trust to provide for the na- the State Commission for a fiscal year, the num- (1), the State Commission shall award a tional service educational award for such fel- ber of eligible fellowship recipients that may be ServeAmerica Fellowship to the recipient and low. supported for that fiscal year based on the designate the recipient as a fellow. ‘‘SEC. 198C. SILVER SCHOLARSHIPS AND ENCORE amount of the grant received by the State Com- ‘‘(3) FELLOWSHIP AMOUNT.— FELLOWSHIPS. mission under subsection (b); and ‘‘(A) IN GENERAL.—From amounts received ‘‘(a) SILVER SCHOLARSHIP GRANT PROGRAM.— ‘‘(B) make an effort to award one-third of the under subsection (b), each State Commission ‘‘(1) ESTABLISHMENT.—The Corporation may fellowships available to the State Commission shall award each of the State’s fellows a award fixed-amount grants (in accordance with for a fiscal year, based on the amount of the ServeAmerica Fellowship amount that is equal section 129(l)) to community-based entities to grant received under subsection (b), to appli- to 50 percent of the amount of the average an- carry out a Silver Scholarship Grant Program cants who propose to serve the fellowship with nual VISTA subsistence allowance. for individuals age 55 or older, in which such small service sponsor organizations registered ‘‘(B) AMOUNT FROM SERVICE SPONSOR ORGANI- individuals complete not less than 350 hours of under subsection (d). ZATION.— service in a year carrying out projects of na- ‘‘(d) SERVICE SPONSOR ORGANIZATIONS.— ‘‘(i) IN GENERAL.—Except as provided in tional need and receive a Silver Scholarship in ‘‘(1) IN GENERAL.—Each service sponsor orga- clause (ii) and subparagraph (E), the service the form of a $1,000 national service educational nization shall— sponsor organization shall award to the fellow award. Under such a program, the Corporation ‘‘(A) be a nonprofit organization; serving such organization an amount that will shall establish criteria for the types of the serv- ‘‘(B) satisfy qualification criteria established ensure that the total award received by the fel- ice required to be performed to receive such by the Corporation or the State Commission, in- low for service in the service project (consisting award. cluding standards relating to organizational ca- of such amount and the ServeAmerica Fellow- ‘‘(2) TERM.—Each program funded under this pacity, financial management, and pro- ship amount the fellow receives under subpara- subsection shall be carried out over a period of grammatic oversight; graph (A)) is equal to or greater than 70 percent 3 years (which may include 1 planning year), ‘‘(C) not be a recipient of other assistance, ap- of the average annual VISTA subsistence allow- with a 1-year extension possible, if the program proved national service positions, or approved ance. meets performance levels developed in accord- summer of service positions under the national ‘‘(ii) SMALL SERVICE SPONSOR ORGANIZA- ance with section 179(k) and any other criteria service laws; and TIONS.—In the case of a small service sponsor determined by the Corporation. ‘‘(D) at the time of registration with a State organization, the small service sponsor organi- ‘‘(3) APPLICATIONS.—To be eligible for a grant Commission, enter into an agreement providing zation may decrease the amount of the service under this subsection, a community-based entity that the service sponsor organization shall— sponsor organization award required under shall— ‘‘(i) abide by all program requirements; clause (i) to not less than an amount that will ‘‘(A) submit to the Corporation an application ‘‘(ii) provide an amount described in sub- ensure that the total award received by the fel- at such time and in such manner as the Chief section (e)(3)(b) for each fellow serving with the low for service in the service project (as cal- Executive Officer may reasonably require; and organization through the ServeAmerica Fellow- culated in clause (i)) is equal to or greater than ‘‘(B) be a listed organization as described in ship; 60 percent of the average annual VISTA subsist- subsection (b)(4). ‘‘(iii) be responsible for certifying whether ence allowance. ‘‘(4) COLLABORATION ENCOURAGED.—A com- each fellow serving with the organization suc- ‘‘(C) MAXIMUM LIVING ALLOWANCE.—The total munity-based entity awarded a grant under this cessfully completed the ServeAmerica Fellow- amount that may be provided to a fellow under subsection is encouraged to collaborate with ship, and record and certify in a manner speci- this subparagraph shall not exceed 100 percent programs funded under title II of the Domestic fied by the Corporation the number of hours of the average annual VISTA subsistence allow- Volunteer Service Act of 1973 in carrying out served by a fellow for purposes of determining ance. this program. the fellow’s eligibility for benefits; and ‘‘(D) PRORATION OF AMOUNT.—In the case of ‘‘(5) ELIGIBILITY FOR FELLOWSHIP.—An indi- ‘‘(iv) provide timely access to records relating a fellow who is authorized to serve a part-time vidual is eligible to receive a Silver Scholarship to the ServeAmerica Fellowship to the State term of service under the agreement described in if the community-based entity certifies to the Commission, the Corporation, and the Inspector paragraph (1)(B)(ii), the amount provided to a Corporation that the individual has completed General of the Corporation. fellow under this paragraph shall be prorated not less than 350 hours of service under this sec- ‘‘(2) REGISTRATION.— accordingly. tion in a 1-year period. ‘‘(A) REQUIREMENT.—No service sponsor orga- ‘‘(E) WAIVER.—The Corporation may allow a ‘‘(6) TRANSFER TO TRUST.—The Corporation nization may receive a fellow under this section State Commission to waive the amount required shall transfer an appropriate amount of funds

VerDate Nov 24 2008 00:46 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.015 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4171 to the National Service Trust to provide for the an Encore Fellow placed with the organization lows’ experiences related to service under this national service educational award for each sil- to assist the Encore Fellow in obtaining a public subsection and discuss strategies for increasing ver scholar under this subsection. service job in the nonprofit sector or government leadership and careers in public service in the ‘‘(7) SUPPORT SERVICES.—A community-based after the period of the Encore Fellowship; and nonprofit sector or government. entity receiving a fixed-amount grant under this ‘‘(iv) evidence of the organization’s financial ‘‘(c) EVALUATIONS.—The Corporation shall subsection may use a portion of the grant to stability. conduct an independent evaluation of the pro- provide transportation services to an eligible in- ‘‘(5) PLACEMENT.— grams authorized under subsections (a) and (b) dividual to allow such individual to participate ‘‘(A) REQUEST FOR PLACEMENT WITH LISTED and widely disseminate the results, including in a service project. ORGANIZATIONS.—To be placed with a listed or- recommendations for improvement, to the service ‘‘(b) ENCORE FELLOWSHIPS.— ganization in accordance with paragraph (2)(B) community through multiple channels, includ- ‘‘(1) ESTABLISHMENT.—The Corporation may for a service project, an eligible Encore Fellow- ing the Corporation’s Resource Center or a award 1-year Encore Fellowships to enable indi- ship recipient shall submit an application for clearinghouse of effective strategies.’’. viduals age 55 or older to— such placement to the Corporation at such time, SEC. 1806. NATIONAL SERVICE RESERVE CORPS. ‘‘(A) carry out service projects in areas of na- in such manner, and containing such informa- Subtitle H of title I (42 U.S.C. 12653 et seq.) is tional need; and tion as the Corporation may require. further amended by adding at the end the fol- ‘‘(B) receive training and development in ‘‘(B) REQUEST FOR PLACEMENT WITH OTHER lowing: order to transition to full- or part-time public ORGANIZATION.—An eligible Encore Fellowship service in the nonprofit sector or government. recipient may apply to the Corporation to serve ‘‘PART II—NATIONAL SERVICE RESERVE ‘‘(2) PROGRAM.—In carrying out the program, the recipient’s Encore Fellowship year with a CORPS the Corporation shall— nonprofit organization that is not a listed orga- ‘‘SEC. 198H. NATIONAL SERVICE RESERVE CORPS. ‘‘(A) maintain a list of eligible organizations nization. Such application shall be submitted to ‘‘(a) DEFINITIONS.—In this section— for which Encore Fellows may be placed to the Corporation at such time, in such manner, ‘‘(1) the term ‘National Service Reserve Corps carry out service projects through the program and containing such information as the Cor- member’ means an individual who— and shall provide the list to all Fellowship re- poration shall require, and shall include— ‘‘(A) has completed a term of national service cipients; and ‘‘(i) an identification and description of— or is a veteran; ‘‘(B) at the request of a Fellowship recipient— ‘‘(I) the organization; ‘‘(B) has successfully completed training de- ‘‘(i) determine whether the requesting recipi- ‘‘(II) the area of national need the organiza- scribed in subsection (c) within the previous 2 ent is able to meet the service needs of a listed tion seeks to address; and years; organization, or another organization that the ‘‘(III) the services or activities the organiza- ‘‘(C) completes not less than 10 hours of vol- recipient requests in accordance with paragraph tion carries out to address such area of national unteering each year (which may include the (5)(B), for a service project; and need; training session described in subparagraph (B)); ‘‘(ii) upon making a favorable determination ‘‘(ii) a description of the services the eligible and under clause (i), award the recipient with an Encore Fellowship recipient shall provide for ‘‘(D) has indicated interest to the Corporation Encore Fellowship, and place the recipient with the organization as an Encore Fellow; and in responding to disasters and emergencies in a the organization as an Encore Fellow under ‘‘(iii) a letter of support from the leader of the timely manner through the National Service Re- paragraph (5)(C). organization, including— serve Corps; and ‘‘(3) ELIGIBLE RECIPIENTS.— ‘‘(I) a description of the organization’s need ‘‘(2) the term ‘term of national service’ means ‘‘(A) IN GENERAL.—An individual desiring to for the eligible Encore Fellowship recipient’s a term or period of service under section 123. be selected as a Fellowship recipient shall— services; ‘‘(b) ESTABLISHMENT OF NATIONAL SERVICE ‘‘(i) be an individual who— ‘‘(II) evidence that the organization is finan- RESERVE CORPS.— ‘‘(I) is age 55 or older as of the time the indi- cially sound; ‘‘(1) IN GENERAL.—In consultation with the vidual applies for the program; and ‘‘(III) an assurance that the organization will Federal Emergency Management Agency, the ‘‘(II) is not engaged in, but who wishes to en- provide training and leadership development to Corporation shall establish a National Service gage in, full- or part-time public service in the the eligible Encore Fellowship recipient if placed Reserve Corps to prepare and deploy National nonprofit sector or government; and with the organization as an Encore Fellow, to Service Reserve Corps members to respond to dis- ‘‘(ii) submit an application to the Corporation, assist the Encore Fellow in obtaining a public asters and emergencies in support of national at such time, in such manner, and containing service job in the nonprofit sector or government service programs and other requesting programs such information as the Corporation may re- after the period of the Encore Fellowship; and and agencies. quire, including— ‘‘(IV) a description of the training and leader- ‘‘(2) GRANTS OR CONTRACTS.—In carrying out ‘‘(I) a description of the area of national need ship development to be provided to the Encore this section, the Corporation may enter into a that the applicant hopes to address through the Fellowship recipient if so placed. grant or contract with an organization experi- service project; ‘‘(C) PLACEMENT AND AWARD OF FELLOW- ‘‘(II) a description of the skills and experience enced in responding to disasters or in coordi- SHIP.—If the Corporation determines that the el- the applicant has to address an area of national nating individuals who have completed a term igible Encore Fellowship recipient is able to meet need; and of national service or are veterans, or may di- ‘‘(III) information identifying the region of the service needs (including skills and experi- rectly deploy National Service Reserve Corps the United States in which the applicant wishes ence to address an area of national need) of the members, as the Corporation determines nec- to serve. organization that the eligible fellowship recipi- essary. ‘‘(B) SELECTION BASIS.—In determining which ent requests under subparagraph (A) or (B), the ‘‘(c) ANNUAL TRAINING.—The Corporation individuals to select as Fellowship recipients, Corporation shall— shall conduct or coordinate annual training ses- the Corporation shall— ‘‘(i) approve the placement of the eligible En- sions, consistent with the training requirements ‘‘(i) select not more than 10 individuals from core Fellowship recipient with the organization; of the Federal Emergency Management Agency, each State; and ‘‘(ii) award the eligible Encore Fellowship re- for individuals who have completed a term of ‘‘(ii) give priority to individuals with skills cipient an Encore Fellowship for a period of 1 national service or are veterans, and who wish and experience for which there is an ongoing year and designate the eligible Encore Fellow- to join the National Service Reserve Corps. high demand in the nonprofit sector and gov- ship recipient as an Encore Fellow; and ‘‘(d) DESIGNATION OF ORGANIZATIONS.— ernment. ‘‘(iii) in awarding the Encore Fellowship, ‘‘(1) IN GENERAL.—The Corporation shall des- ‘‘(4) LISTED ORGANIZATIONS.—To be listed make a payment, in the amount of $11,000, to ignate organizations with demonstrated experi- under paragraph (2)(A), an organization shall— the organization to enable the organization to ence in responding to disasters or emergencies, ‘‘(A) be a nonprofit organization; and provide living expenses to the Encore Fellow for including through using volunteers, for partici- ‘‘(B) submit an application to the Corporation the year in which the Encore Fellow agrees to pation in the program under this section. at such time, in such manner, and containing serve. ‘‘(2) REQUIREMENTS.—The Corporation shall such information as the Corporation may re- ‘‘(6) MATCHING FUNDS.—An organization that ensure that every designated organization is— quire, including— receives an Encore Fellow under this subsection ‘‘(A) prepared to respond to disasters or emer- ‘‘(i) a description of— shall agree to provide, for the living expenses of gencies; ‘‘(I) the services and activities the organiza- the Encore Fellow during the year of service, ‘‘(B) prepared and able to utilize National tion carries out generally; non-Federal contributions in an amount equal Service Reserve Corps members in responding to ‘‘(II) the area of national need that the orga- to not less than $1 for every $1 of Federal funds disasters or emergencies; and nization seeks to address through a service provided to the organization for the Encore Fel- ‘‘(C) willing to respond in a timely manner project; and low through the Encore Fellowship. when notified by the Corporation of a disaster ‘‘(III) the services and activities the organiza- ‘‘(7) TRAINING AND ASSISTANCE.—Each organi- or emergency. tion seeks to carry out through the proposed zation that receives an Encore Fellow under this ‘‘(e) DATABASES.—The Corporation shall de- service project; subsection shall provide training, leadership develop or contract with an outside organization ‘‘(ii) a description of the skills and experience velopment, and assistance to the Encore Fellow, to develop— that an eligible Encore Fellowship recipient and conduct oversight of the service provided by ‘‘(1) a database of all National Service Reserve needs to be placed with the organization as an the Encore Fellow. Corps members; and Encore Fellow for the service project; ‘‘(8) LEADERSHIP DEVELOPMENT.—Each year, ‘‘(2) a database of all nonprofit organizations ‘‘(iii) a description of the training and leader- the Corporation shall convene current and that have been designated by the Corporation ship development the organization shall provide former Encore Fellows to discuss the Encore Fel- under subsection (d).

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‘‘(f) DEPLOYMENT OF NATIONAL SERVICE RE- solutions, and supporting new solutions, devel- ‘‘(F) individual or community energy effi- SERVE CORPS.— oped by social entrepreneurs and other non- ciency; ‘‘(1) MAJOR DISASTERS OR EMERGENCIES.—If a profit community organizations could allow ‘‘(G) civic engagement; or major disaster or emergency is declared by the those entrepreneurs and organizations to rep- ‘‘(H) reductions in crime; President pursuant to section 102 of the Robert licate and expand proven initiatives, and sup- ‘‘(4) have an evidence-based decisionmaking T. Stafford Disaster Relief and Assistance Act port new initiatives, in communities. strategy, including— (42 U.S.C. 5122), the Administrator of the Fed- ‘‘(3) A network of Social Innovation Funds ‘‘(A) use of evidence produced by prior rig- eral Emergency Management Agency, in con- could leverage Federal investments to increase orous evaluations of program effectiveness in- sultation with the Corporation, may task the State, local, business, and philanthropic re- cluding, where available, well-implemented ran- National Service Reserve Corps to assist in resources to replicate and expand proven solutions domized controlled trials; and ‘‘(B) a well-articulated plan to— sponse. and invest in supporting new innovations to ‘‘(i)(I) replicate and expand research-proven ‘‘(2) OTHER DISASTERS OR EMERGENCIES.—For tackle specific identified community challenges. initiatives that have been shown to produce a disaster or emergency that is not declared a ‘‘(b) PURPOSES.—The purposes of this section sizeable, sustained benefits to participants or so- major disaster or emergency under section 102 of are— ciety; or the Robert T. Stafford Disaster Relief and As- ‘‘(1) to recognize and increase the impact of ‘‘(II) support new initiatives with a substan- sistance Act (42 U.S.C. 5122), the Corporation social entrepreneurs and other nonprofit com- tial likelihood of significant impact; or may directly, or through a grant or contract, de- munity organizations in tackling national and ‘‘(ii) partner with a research organization to ploy the National Service Reserve Corps. local challenges; carry out rigorous evaluations to assess the ef- ‘‘(3) DEPLOYMENT.—Under paragraph (1) or ‘‘(2) to stimulate the development of a network fectiveness of such initiatives; and (2), the Corporation may— of Social Innovation Funds that will increase ‘‘(5) have appropriate policies, as determined ‘‘(A) deploy interested National Service Re- private and public investment in nonprofit com- by the Corporation, that protect against conflict serve Corps members on assignments of not more munity organizations that are effectively ad- of interest, self-dealing, and other improper than 30 days to assist with local needs related to dressing national and local challenges to allow practices. preparing or recovering from the incident in the such organizations to replicate and expand ‘‘(g) APPLICATION.—To be eligible to receive a affected area, either directly or through organi- proven initiatives or support new initiatives; grant under subsection (d) for national zations designated under subsection (d); ‘‘(3) to assess the effectiveness of such Funds leveraging capital, an eligible entity shall sub- ‘‘(B) make travel arrangements for the de- in— mit an application to the Corporation at such ployed National Service Reserve Corps members ‘‘(A) leveraging Federal investments to in- time, in such manner, and containing such in- to the site of the incident; and crease State, local, business, and philanthropic formation as the Corporation may specify, in- ‘‘(C) provide funds to those organizations that resources to address national and local chal- cluding, at a minimum— are responding to the incident with deployed lenges; ‘‘(1) an assurance that the eligible entity National Service Reserve Corps members, to en- ‘‘(B) providing resources to replicate and ex- will— able the organizations to coordinate and provide pand effective initiatives; and ‘‘(A) use the funds received through that cap- housing, living stipends, and insurance for ‘‘(C) seeding experimental initiatives focused ital in order to make subgrants to community or- those deployed members. on improving outcomes in the areas described in ganizations that will use the funds to replicate ‘‘(4) ALLOWANCE.—Any amounts that are uti- subsection (f)(3); and or expand proven initiatives, or support new ini- lized by the Corporation from funds appro- ‘‘(4) to strengthen the infrastructure to iden- tiatives, in low-income communities; priated under section 501(a)(4)(D) to carry out tify, invest in, replicate, and expand initiatives ‘‘(B) in making decisions about subgrants for paragraph (1) for a fiscal year shall be kept in with effective solutions to national and local communities, consult with a diverse cross sec- a separate fund. Any amounts in such fund that challenges. tion of community representatives in the deci- are not used during a fiscal year shall remain ‘‘(c) DEFINITIONS.—In this section: sions, including individuals from the public, available to use to pay National Service Reserve ‘‘(1) COMMUNITY ORGANIZATION.—The term nonprofit private, and for-profit private sectors; Corps members an allowance, determined by the ‘community organization’ means a nonprofit or- and Corporation, for out-of-pocket expenses. ganization that carries out innovative, effective ‘‘(C) make subgrants of a sufficient size and ‘‘(5) INFORMATION.— initiatives to address community challenges. scope to enable the community organizations to ‘‘(A) NATIONAL SERVICE PARTICIPANTS.—The ‘‘(2) COVERED ENTITY.—The term ‘covered en- build their capacity to manage initiatives, and Corporation, the State Commissions, and entities tity’ means— sustain replication or expansion of the initia- receiving financial assistance for programs ‘‘(A) an existing grantmaking institution (ex- tives; under subtitle C of this Act, or under part A of isting as of the date on which the institution ‘‘(2) an assurance that the eligible entity will title I of the Domestic Volunteer Service Act of applies for a grant under this section); or not make any subgrants to the parent organiza- 1973 (42 U.S.C. 4951 et seq.), shall inform partici- ‘‘(B) a partnership between— tions of the eligible entity, a subsidiary organi- pants about the National Service Reserve Corps ‘‘(i) such an existing grantmaking institution; zation of the parent organization, or, if the eli- upon the participants’ completion of their term and gible entity applied for funds under this section of national service. ‘‘(ii) an additional grantmaking institution, a as a partnership, any member of the partner- ‘‘(B) VETERANS.—The Secretary of Veterans State Commission, or a chief executive officer of ship; Affairs, in consultation with the Secretary of a unit of general local government. ‘‘(3) an identification of, as appropriate— Defense, shall inform veterans who are recently ‘‘(3) ISSUE AREA.—The term ‘issue area’ means ‘‘(A) the specific local geographical area re- discharged, released, or separated from the an area described in subsection (f)(3). ferred to in subsection (f)(2)(A) that the eligible Armed Forces about the National Service Re- ‘‘(d) PROGRAM.—From the amounts appro- entity is proposing to serve; or serve Corps. priated to carry out this section that are not re- ‘‘(B) the issue area referred to in subsection ‘‘(6) COORDINATION.—In deploying National served under subsections (l) and (m), the Cor- (f)(2)(B) that the eligible entity will address, Service Reserve Corps members under this sub- poration shall establish a Social Innovation and the geographical areas that the eligible en- section, the Corporation shall— Funds grant program to make grants on a com- tity is likely to serve in addressing such issue ‘‘(A) avoid duplication of activities directed by petitive basis to eligible entities for Social Inno- area; the Federal Emergency Management Agency; vation Funds. ‘‘(4)(A) information identifying the issue areas and ‘‘(e) PERIODS; AMOUNTS.—The Corporation in which the eligible entity will work to improve ‘‘(B) consult and, as appropriate, partner shall make such grants for periods of 5 years, measurable outcomes; with Citizen Corps programs and other local dis- and may renew the grants for additional periods ‘‘(B) statistics on the needs related to those aster agencies, including State and local emer- of 5 years, in amounts of not less than $1,000,000 issue areas in, as appropriate— gency management agencies, voluntary organi- and not more than $10,000,000 per year. ‘‘(i) the specific local geographical area de- zations active in disaster, State Commissions, ‘‘(f) ELIGIBILITY.—To be eligible to receive a scribed in paragraph (3)(A); or and similar organizations, in the affected grant under subsection (d), an entity shall— ‘‘(ii) the geographical areas described in para- area.’’. ‘‘(1) be a covered entity; graph (3)(B), including statistics demonstrating ‘‘(2) propose to focus on— that those geographical areas have high need in SEC. 1807. SOCIAL INNOVATION FUNDS PILOT PROGRAM. ‘‘(A) serving a specific local geographical the specific issue area that the eligible entity is Subtitle H of title I (42 U.S.C. 12653 et seq.) is area; or proposing to address; and ‘‘(B) addressing a specific issue area; ‘‘(C) information on the specific measurable further amended by adding at the end the fol- ‘‘(3) propose to focus on improving measurable outcomes related to the issue areas involved that lowing: outcomes relating to— the eligible entity will seek to improve; ‘‘PART III—SOCIAL INNOVATION FUNDS ‘‘(A) education for economically disadvan- ‘‘(5) information describing the process by PILOT PROGRAM taged elementary or secondary school students; which the eligible entity selected, or will select, ‘‘SEC. 198K. FUNDS. ‘‘(B) child and youth development; community organizations to receive the sub- ‘‘(a) FINDINGS.—Congress finds the following: ‘‘(C) reductions in poverty or increases in eco- grants, to ensure that the community organiza- ‘‘(1) Social entrepreneurs and other nonprofit nomic opportunity for economically disadvan- tions— community organizations are developing inno- taged individuals; ‘‘(A) are institutions— vative and effective solutions to national and ‘‘(D) health, including access to health serv- ‘‘(i) with proven initiatives and a dem- local challenges. ices and health education; onstrated track record of achieving specific out- ‘‘(2) Increased public and private investment ‘‘(E) resource conservation and local environ- comes related to the measurable outcomes for in replicating and expanding proven effective mental quality; the eligible entity; or

VerDate Nov 24 2008 00:46 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.016 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4173 ‘‘(ii) that articulate a new solution with a sig- entity will make available matching funds in an ‘‘(D) a description of the evidence-based deci- nificant likelihood for substantial impact; amount equal to not less than $1 for every $1 of sionmaking strategies the community organiza- ‘‘(B) articulate measurable outcomes for the funds provided under the grant. tion uses to improve the measurable outcomes, use of the subgrant funds that are connected to ‘‘(2) ADDITIONAL REQUIREMENTS.— including— the measurable outcomes for the eligible entity; ‘‘(A) TYPE AND SOURCES.—The eligible entity ‘‘(i) use of evidence produced by prior rigorous ‘‘(C) will use the funds to replicate, expand, shall provide the matching funds in cash. The evaluations of program effectiveness including, or support their initiatives; eligible entity shall provide the matching funds where available, well-implemented randomized ‘‘(D) provide a well-defined plan for repli- from State, local, or private sources, which may controlled trials; or cating, expanding, or supporting the initiatives include State or local agencies, businesses, pri- ‘‘(ii) a well-articulated plan to conduct, or funded; vate philanthropic organizations, or individ- partner with a research organization to con- ‘‘(E) can sustain the initiatives after the uals. duct, rigorous evaluations to assess the effec- subgrant period concludes through reliable pub- ‘‘(B) ELIGIBLE ENTITIES INCLUDING STATE COM- tiveness of initiatives addressing national or lic revenues, earned income, or private sector MISSIONS OR LOCAL GOVERNMENT OFFICES.— local challenges; funding; ‘‘(i) IN GENERAL.—In a case in which a State ‘‘(E) a description of how the community or- ‘‘(F) have strong leadership and financial and Commission, a local government office, or both ganization uses data to analyze and improve its management systems; entities are a part of the eligible entity, the initiatives; ‘‘(G) are committed to the use of data collec- State involved, the local government involved, ‘‘(F) specific evidence of how the community tion and evaluation for improvement of the ini- or both entities, respectively, shall contribute organization will meet the requirements for pro- tiatives; not less than 30 percent and not more than 50 viding matching funds specified in subsection ‘‘(H) will implement and evaluate innovative percent of the matching funds. (k); initiatives, to be important contributors to ‘‘(ii) LOCAL GOVERNMENT OFFICE.—In this ‘‘(G) a description of how the community or- knowledge in their fields; and subparagraph, the term ‘local government office’ ganization will sustain the replicated or ex- ‘‘(I) will meet the requirements for providing means the office of the chief executive officer of panded initiative after the conclusion of the matching funds specified in subsection (k); a unit of general local government. subgrant period; and ‘‘(6) information about the eligible entity, in- ‘‘(3) REDUCTION.—The Corporation may re- ‘‘(H) any other information the eligible entity cluding its experience managing collaborative duce by 50 percent the matching funds required may require, including information necessary initiatives, or assessing applicants for grants by paragraph (1) for an eligible entity serving a for the eligible entity to fulfill the requirements and evaluating the performance of grant recipi- community (such as a rural low-income commu- of subsection (g)(5). ents for outcome-focused initiatives, and any nity) that the eligible entity can demonstrate is ‘‘(k) MATCHING FUNDS FOR SUBGRANTS.— other relevant information; significantly philanthropically underserved. ‘‘(1) IN GENERAL.—An eligible entity may not ‘‘(7) a commitment to meet the requirements of ‘‘(j) SUBGRANTS.— make a subgrant to a community organization subsection (i) and a plan for meeting the re- ‘‘(1) SUBGRANTS AUTHORIZED.—An eligible en- under this section for an initiative described in quirements, including information on any fund- tity receiving a grant under subsection (d) is au- subsection (j)(3)(A) unless the organization ing that the eligible entity has secured to pro- thorized to use the funds made available agrees that, with respect to the cost of carrying vide the matching funds required under that through the grant to award, on a competitive out that initiative, the organization will make subsection; basis, subgrants to expand or replicate proven available, on an annual basis, matching funds ‘‘(8) a description of the eligible entity’s plan initiatives, or support new initiatives with a in an amount equal to not less than $1 for every for providing technical assistance and support, substantial likelihood of success, to— $1 of funds provided under the subgrant. If the other than financial support, to the community ‘‘(A) community organizations serving low-in- community organization fails to make such organizations that will increase the ability of come communities within the specific local geo- matching funds available for a fiscal year, the the community organizations to achieve their graphical area described in the eligible entity’s eligible entity shall not make payments for the measurable outcomes; application in accordance with subsection remaining fiscal years of the subgrant period, ‘‘(9) information on the commitment, institu- (g)(3)(A); or notwithstanding any other provision of this tional capacity, and expertise of the eligible en- ‘‘(B) community organizations addressing a part. tity concerning— specific issue area described in the eligible enti- ‘‘(2) TYPES AND SOURCES.—The community or- ‘‘(A) collecting and analyzing data required ty’s application in accordance with subsection ganization shall provide the matching funds in for evaluations, compliance efforts, and other (g)(3)(B), in low-income communities in the geo- cash. The community organization shall provide purposes; graphical areas described in the application. the matching funds from State, local, or private ‘‘(B) supporting relevant research; and ‘‘(2) PERIODS; AMOUNTS.—The eligible entity sources, which may include funds from State or ‘‘(C) submitting regular reports to the Cor- shall make such subgrants for periods of not less local agencies or private sector funding. poration, including information on the initia- than 3 and not more than 5 years, and may ‘‘(l) DIRECT SUPPORT.— tives of the community organizations, and the renew the subgrants for such periods, in ‘‘(1) PROGRAM AUTHORIZED.—The Corporation replication or expansion of such initiatives; amounts of not less than $100,000 per year. may use not more than 10 percent of the funds ‘‘(10) a commitment to use data and evalua- ‘‘(3) APPLICATIONS.—To be eligible to receive a appropriated for this section to award grants to tions to improve the eligible entity’s own model subgrant from an eligible entity under this sec- community organizations serving low-income and to improve the initiatives funded by the eli- tion, including receiving a payment for that communities or addressing a specific issue area gible entity; and subgrant each year, a community organization in geographical areas that have the highest ‘‘(11) a commitment to cooperate with any shall submit an application to an eligible entity need in that issue area, to enable such commu- evaluation activities undertaken by the Cor- that serves the specific local geographical area, nity organizations to replicate or expand proven poration. or geographical areas, that the community orga- initiatives or support new initiatives. ‘‘(h) SELECTION CRITERIA.—In selecting eligi- nization proposes to serve, at such time, in such ‘‘(2) TERMS AND CONDITIONS.—A grant award- ble entities to receive grants under subsection manner, and containing such information as the ed under this subsection shall be subject to the (d), the Corporation shall— eligible entity may require, including— same terms and conditions as a subgrant award- ‘‘(1) select eligible entities on a competitive ‘‘(A) a description of the initiative the commu- ed under subsection (j). basis; nity organization carries out and plans to rep- ‘‘(3) APPLICATION; MATCHING FUNDS.—Para- ‘‘(2) select eligible entities on the basis of the licate or expand, or of the new initiative the graphs (2) and (3) of subsection (j) and sub- quality of their selection process, as described in community organization intends to support, section (k) shall apply to a community organiza- subsection (g)(5), the capacity of the eligible en- using funds received from the eligible entity, tion receiving or applying for a grant under this tities to manage Social Innovation Funds, and and how the initiative relates to the issue areas subsection in the same manner as such sub- the potential of the eligible entities to sustain in which the eligible entity has committed to sections apply to a community organization re- the Funds after the conclusion of the grant pe- work in the eligible entity’s application, in ac- ceiving or applying for a subgrant under sub- riod; cordance with subsection (g)(4)(A); section (j), except that references to a subgrant ‘‘(3) include among the grant recipients eligi- ‘‘(B) data on the measurable outcomes the shall mean a grant and references to an eligible ble entities that propose to provide subgrants to community organization has improved, and in- entity shall mean the Corporation. serve communities (such as rural low-income formation on the measurable outcomes the com- ‘‘(m) RESEARCH AND EVALUATION.— communities) that the eligible entities can dem- munity organization seeks to improve by repli- ‘‘(1) IN GENERAL.—The Corporation may re- onstrate are significantly philanthropically un- cating or expanding a proven initiative or sup- serve not more than 5 percent of the funds ap- derserved; porting a new initiative, which shall be among propriated for this section for a fiscal year to ‘‘(4) select a geographically diverse set of eligi- the measurable outcomes that the eligible entity support, directly or through contract with an ble entities; and identified in the eligible entity’s application, in independent entity, research and evaluation ac- ‘‘(5) take into account broad community per- accordance with subsection (g)(4)(C); tivities to evaluate the eligible entities and com- spectives and support. ‘‘(C) an identification of the community in munity organizations receiving grants under ‘‘(i) MATCHING FUNDS FOR GRANTS.— which the community organization proposes to subsections (d) and (l) and the initiatives sup- ‘‘(1) IN GENERAL.—The Corporation may not carry out an initiative, which shall be within a ported by the grants. make a grant to an eligible entity under sub- local geographical area described in the eligible ‘‘(2) RESEARCH AND EVALUATION ACTIVITIES.— section (d) for a Social Innovation Fund unless entity’s application in accordance with sub- ‘‘(A) RESEARCH AND REPORTS.— the entity agrees that, with respect to the cost paragraph (A) or (B) of subsection (g)(3), as ap- ‘‘(i) IN GENERAL.—The entity carrying out this described in subsection (d) for that Fund, the plicable; subsection shall collect data and conduct or

VerDate Nov 24 2008 00:46 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.016 H31MRPT1 jbell on PROD1PC69 with HOUSE H4174 CONGRESSIONAL RECORD — HOUSE March 31, 2009 support research with respect to the eligible en- ‘‘(B) participants in such programs; ceiving a grant under this section shall use the tities and community organizations receiving ‘‘(5) provide and disseminate information and assistance— grants under subsections (d) and (l), and the curriculum materials relating to planning and ‘‘(1) directly to carry out volunteer programs initiatives supported by such eligible entities operating service-learning programs and pro- or to develop and support community-based en- and community organizations, to determine the grams offered under the national service laws, tities that recruit, manage, or support volun- success of the program carried out under this to States, territories, Indian tribes, and local en- teers, by carrying out activities consistent with section in replicating, expanding, and sup- tities eligible to receive financial assistance the goals of the subgrants described in para- porting initiatives, including— under the national service laws; graph (2); or ‘‘(I) the success of the initiatives in improving ‘‘(6) provide and disseminate information re- ‘‘(2) through subgrants to community-based measurable outcomes; and garding methods to make service-learning pro- entities to carry out volunteer programs or de- ‘‘(II) the success of the program in increasing grams and programs offered under the national velop and support such entities that recruit, philanthropic investments in philanthropically service laws accessible to individuals with dis- manage, or support volunteers, through 1 or underserved communities. abilities; more of the following types of subgrants: ‘‘(ii) REPORTS.—The Corporation shall submit ‘‘(7) disseminate applications in languages ‘‘(A) A subgrant to a community-based entity periodic reports to the authorizing committees other than English; for activities that are consistent with the prior- including— ‘‘(8)(A) gather and disseminate information on ities set by the State’s national service plan as ‘‘(I) the data collected and the results of the successful service-learning programs and pro- described in section 178(e), or by the Corpora- research under this subsection; grams offered under the national service laws, tion. ‘‘(II) information on lessons learned about components of such successful programs, inno- ‘‘(B) A subgrant to recruit, manage, or sup- best practices from the activities carried out vative curricula related to service-learning, and port volunteers to a community-based entity under this section, to improve those activities; service-learning projects; and such as a volunteer coordinating agency, a non- and ‘‘(B) coordinate the activities of the clearing- profit resource center, a volunteer training ‘‘(III) a list of all eligible entities and commu- house with appropriate entities to avoid dupli- clearinghouse, an institution of higher edu- nity organizations receiving funds under this cation of effort; cation, or a collaborative partnership of faith- section. ‘‘(9) make recommendations to State and local based and community-based organizations. ‘‘(iii) PUBLIC INFORMATION.—The Corporation entities on quality controls to improve the qual- ‘‘(C) A subgrant to a community-based entity shall annually post the list described in clause ity of service-learning programs and programs that provides technical assistance and support (ii)(III) on the Corporation’s website. offered under the national service laws; to— ‘‘(B) TECHNICAL ASSISTANCE.—The Corpora- ‘‘(i) strengthen the capacity of local volunteer tion shall, directly or through contract, provide ‘‘(10) assist organizations in recruiting, screening, and placing a diverse population of infrastructure organizations; technical assistance to the eligible entities and ‘‘(ii) address areas of national need (as de- community organizations that receive grants service-learning coordinators and program sponsors; fined in section 198B(a)); and under subsections (d) and (l). ‘‘(iii) expand the number of volunteers nation- ‘‘(C) KNOWLEDGE MANAGEMENT.—The Cor- ‘‘(11) disseminate effective strategies for work- ally. poration shall, directly or through contract, ing with disadvantaged youth in national serv- ‘‘(d) ALLOCATION OF FUNDS.— maintain a clearinghouse for information on ice programs, as determined by organizations with an established expertise in working with ‘‘(1) IN GENERAL.—Of the funds allocated by best practices resulting from initiatives sup- the Corporation for provision of assistance ported by the eligible entities and community or- such youth; and ‘‘(12) carry out such other activities as the under this section for a fiscal year— ganizations. ‘‘(A) the Corporation shall use 50 percent of ‘‘(D) RESERVATION.—Of the funds appro- Chief Executive Officer determines to be appro- such funds to award grants, on a competitive priated under section 501(a)(4)(E) for a fiscal priate. basis, to State Commissions and nonprofit orga- year, not more than 5 percent may be used to ‘‘SEC. 198P. VOLUNTEER GENERATION FUND. nizations for such fiscal year; and carry out this subsection.’’. ‘‘(a) GRANTS AUTHORIZED.—Subject to the ‘‘(B) the Corporation shall use 50 percent of availability of appropriations for this section, SEC. 1808. CLEARINGHOUSES. such funds make an allotment to the State Com- the Corporation may make grants to State Com- Subtitle H of title I (42 U.S.C. 12653 et seq.) is missions of each of the several States, the Dis- missions and nonprofit organizations for the further amended by adding at the end the fol- trict of Columbia, and the Commonwealth of purpose of assisting the State Commissions and lowing: Puerto Rico based on the formula described in nonprofit organizations to— ‘‘PART IV—NATIONAL SERVICE PROGRAMS subsections (e) and (f) of section 129, subject to ‘‘(1) develop and carry out volunteer programs CLEARINGHOUSES; VOLUNTEER GEN- paragraph (2). described in subsection (c); and ERATION FUND ‘‘(2) MINIMUM GRANT AMOUNT.—In order to ‘‘(2) make subgrants to support and create ensure that each State Commission is able to im- ‘‘SEC. 198O. NATIONAL SERVICE PROGRAMS new local community-based entities that recruit, CLEARINGHOUSES. prove efforts to recruit, manage, or support vol- manage, or support volunteers as described in ‘‘(a) IN GENERAL.—The Corporation shall pro- unteers, the Corporation may determine a min- vide assistance, by grant, contract, or coopera- such subsection. imum grant amount for allotments under para- PPLICATION.— tive agreement, to entities with expertise in the ‘‘(b) A graph (1)(B). ‘‘(1) IN GENERAL.—Each State Commission or dissemination of information through clearing- ‘‘(e) LIMITATION ON ADMINISTRATIVE COSTS.— nonprofit organization desiring a grant under houses to establish 1 or more clearinghouses for Not more than 5 percent of the amount of any this section shall submit an application to the information regarding the national service laws, grant provided under this section for a fiscal Corporation at such time, in such manner, and which shall include information on service- year may be used to pay for administrative costs accompanied by such information as the Cor- learning and on service through other programs incurred by either the recipient of the grant or poration may reasonably require. receiving assistance under the national service any community-based entity receiving assist- ‘‘(2) CONTENTS.—Each application submitted laws. ance or a subgrant under such grant. ‘‘(b) FUNCTION OF CLEARINGHOUSE.—Such a pursuant to paragraph (1) shall contain— ‘‘(f) MATCHING FUND REQUIREMENTS.—The clearinghouse may— ‘‘(A)(i) a description of the program that the Corporation share of the cost of carrying out a ‘‘(1) assist entities carrying out State or local applicant will provide; program that receives assistance under this sec- service-learning and national service programs ‘‘(B) an assurance that the applicant will an- tion, whether the assistance is provided directly with needs assessments and planning; nually collect information on— or as a subgrant from the original recipient of ‘‘(2) conduct research and evaluations con- ‘‘(i) the number of volunteers recruited for ac- the assistance, may not exceed— cerning service-learning or programs receiving tivities carried out under this section, using ‘‘(1) 80 percent of such cost for the first year assistance under the national service laws, ex- funds received under this section, and the type in which the recipient receives such assistance; cept that such clearinghouse may not conduct and amount of activities carried out by such ‘‘(2) 70 percent of such cost for the second such research and evaluations if the recipient of volunteers; and year in which the recipient receives such assist- the grant, contract, or cooperative agreement es- ‘‘(ii) the number of volunteers managed or ance; tablishing the clearinghouse under this section supported using funds received under this sec- ‘‘(3) 60 percent of such cost for the third year is receiving funds for such purpose under part tion, and the type and amount of activities car- in which the recipient receives such assistance; III of subtitle B or under this subtitle (not in- ried out by such volunteers; and cluding this section); ‘‘(C) a description of the outcomes the appli- ‘‘(4) 50 percent of such cost for the fourth year ‘‘(3)(A) provide leadership development and cant will use to annually measure and track in which the recipient receives such assistance training to State and local service-learning pro- performance with regard to— and each year thereafter.’’. ‘‘(i) activities carried out by volunteers; and gram administrators, supervisors, service spon- SEC. 1809. NONPROFIT CAPACITY BUILDING PRO- sors, and participants; and ‘‘(ii) volunteers recruited, managed, or sup- GRAM. ‘‘(B) provide training to persons who can pro- ported; and Subtitle H of title I (42 U.S.C. 12653 et seq.) is vide the leadership development and training ‘‘(D) such additional assurances as the Cor- amended by adding at the end the following: described in subparagraph (A); poration determines to be essential to ensure ‘‘(4) facilitate communication among— compliance with the requirements of this sec- ‘‘PART V—NONPROFIT CAPACITY ‘‘(A) entities carrying out service-learning tion. BUILDING PROGRAM programs and programs offered under the na- ‘‘(c) ELIGIBLE VOLUNTEER PROGRAMS.—A ‘‘SEC. 198S. NONPROFIT CAPACITY BUILDING. tional service laws; and State Commission or nonprofit organization re- ‘‘(a) DEFINITIONS.—In this section:

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‘‘(1) INTERMEDIARY NONPROFIT GRANTEE.—The shall provide the non-Federal share of the cost sults in high-quality service and the desire of term ‘intermediary nonprofit grantee’ means an through contributions from third parties. The participants and volunteers to continue to serve intermediary nonprofit organization that re- third parties may include charitable in other capacities after the program is com- ceives a grant under subsection (b). grantmaking entities and grantmaking vehicles pleted; ‘‘(2) INTERMEDIARY NONPROFIT ORGANIZA- within existing organizations, entities of cor- ‘‘(B) in program evaluation and performance TION.—The term ‘intermediary nonprofit organi- porate philanthropy, corporations, individual measures to inform practices to augment the ca- zation’ means an experienced and capable non- donors, and regional, State, or local government pacity and sustainability of the national service profit entity with meaningful prior experience in agencies, or other non-Federal sources. programs; or providing organizational development assist- ‘‘(ii) EXCEPTION.—If the intermediary non- ‘‘(C) to effectively accommodate individuals ance, or capacity building assistance, focused profit grantee is a private foundation (as de- with disabilities to increase the participation of on small and midsize nonprofit organizations. fined in section 509(a) of the Internal Revenue individuals with disabilities in national service ‘‘(3) NONPROFIT.—The term ‘nonprofit’, used Code of 1986), a donor advised fund (as defined programs, which training may utilize funding with respect to an entity or organization, in section 4966(d)(2) of such Code), an organiza- from the reservation of funds under section means— tion which is described in section 129(k) to increase the participation of individ- ‘‘(A) an entity or organization described in 4966(d)(4)(A)(i) of such Code, or an organization uals with disabilities; section 501(c)(3) of the Internal Revenue Code of which is described in section 4966(d)(4)(B) of ‘‘(8) establishing networks and collaboration 1986 and exempt from taxation under section such Code, the grantee shall provide the non- among employers, educators, and other key 501(a) of such Code; and Federal share from within that grantee’s own stakeholders in the community to further lever- ‘‘(B) an entity or organization described in funds. age resources to increase local participation in paragraph (1) or (2) of section 170(c) of such ‘‘(iii) MAINTENANCE OF EFFORT, PRIOR YEAR national service programs, and to coordinate Code. THIRD-PARTY FUNDING LEVELS.—For purposes of community-wide planning and service with re- ‘‘(4) STATE.—The term ‘State’ means each of maintaining private sector support levels for the spect to national service programs; the several States, and the District of Columbia. activities specified by this program, a non-Fed- ‘‘(9) providing training and technical assist- ‘‘(b) GRANTS.—The Corporation shall establish eral share that includes donations by third par- ance for the National Senior Service Corps, in- a Nonprofit Capacity Building Program to make ties shall be composed in a way that does not cluding providing such training and technical grants to intermediary nonprofit organizations decrease prior levels of funding from the same assistance to programs receiving assistance to serve as intermediary nonprofit grantees. The third parties granted to the nonprofit inter- under section 201 of the Domestic Volunteer Corporation shall make the grants to enable the mediary grantee in the preceding year. Service Act of 1973 (42 U.S.C. 5001); and intermediary nonprofit grantees to pay for the ‘‘(g) RESERVATION.—Of the amount author- ‘‘(10) carrying out such other activities as the Federal share of the cost of delivering organiza- ized to provide financial assistance under this Chief Executive Officer determines to be appro- tional development assistance, including train- subtitle, there shall be made available to carry priate. ing on best practices, financial planning, out this section $5,000,000 for each of fiscal ‘‘(c) PRIORITY.—In carrying out this section, grantwriting, and compliance with the applica- years 2010 through 2014.’’. the Corporation shall give priority to programs ble tax laws, for small and midsize nonprofit or- under the national service laws and entities eli- ganizations, especially those nonprofit organi- Subtitle I—Training and Technical gible to establish such programs that seek train- zations facing resource hardship challenges. Assistance ing or technical assistance and that— Each of the grantees shall match the grant SEC. 1821. TRAINING AND TECHNICAL ASSIST- ‘‘(1) seek to carry out high-quality programs funds by providing a non-Federal share as de- ANCE. where the services are needed most; scribed in subsection (f). Title I is further amended by adding at the ‘‘(2) seek to carry out high-quality programs ‘‘(c) AMOUNT.—To the extent practicable, the end the following new subtitle: where national service programs do not exist or Corporation shall make such a grant to an ‘‘Subtitle J—Training and Technical where the programs are too limited to meet com- intermediary nonprofit organization in each Assistance munity needs; ‘‘(3) seek to carry out high-quality programs State, and shall make such grant in an amount ‘‘SEC. 199N. TRAINING AND TECHNICAL ASSIST- of not less than $200,000. ANCE. that focus on and provide service opportunities ‘‘(d) APPLICATION.—To be eligible to receive a ‘‘(a) IN GENERAL.—The Corporation shall, di- for underserved rural and urban areas and pop- grant under this section, an intermediary non- rectly or through grants, contracts, or coopera- ulations; and profit organization shall submit an application tive agreements (including through State Com- ‘‘(4) seek to assist programs in developing a to the Corporation at such time, in such man- missions), conduct appropriate training for and service component that combines students, out- ner, and containing such information as the provide technical assistance to— of-school youths, and older adults as partici- Corporation may require. The intermediary non- ‘‘(1) programs receiving assistance under the pants to provide needed community services.’’. profit organization shall submit in the applica- national service laws; and Subtitle J—Repeal of Title III (Points of Light tion information demonstrating that the organi- ‘‘(2) entities (particularly entities in rural Foundation) zation has secured sufficient resources to meet areas and underserved communities) that desire SEC. 1831. REPEAL. the requirements of subsection (f). to— (a) IN GENERAL.—Title III (42 U.S.C. 12661 et REFERENCE AND CONSIDERATIONS.— ‘‘(e) P ‘‘(A) carry out or establish national service seq.) is repealed. ‘‘(1) PREFERENCE.—In making such grants, programs; or (b) CONFORMING AMENDMENTS.—Section 401 the Corporation shall give preference to inter- ‘‘(B) apply for assistance (including sub- (42 U.S.C. 12671) is amended— mediary nonprofit organizations seeking to be- grants) under the national service laws. (1) in subsection (a), by striking ‘‘term’’ and come intermediary nonprofit grantees in areas ‘‘(b) ACTIVITIES INCLUDED.—Such training all that follows through the period and inserting where nonprofit organizations face significant and technical assistance activities may in- the following: ‘‘term ‘administrative organiza- resource hardship challenges. clude— tion’ means a nonprofit private organization ‘‘(2) CONSIDERATIONS.—In determining wheth- ‘‘(1) providing technical assistance to entities that enters into an agreement with the Corpora- er to make a grant the Corporation shall con- applying to carry out national service programs tion to carry out this section.’’; and sider— or entities carrying out national service pro- (2) by striking ‘‘Foundation’’ each place it ap- ‘‘(A) the number of small and midsize non- grams; pears and inserting ‘‘administrative organiza- profit organizations that will be served by the ‘‘(2) promoting leadership development in nation’’. grant; tional service programs; ‘‘(B) the degree to which the activities pro- Subtitle K—Amendments to Title V ‘‘(3) improving the instructional and proposed to be provided through the grant will as- (Authorization of Appropriations) grammatic quality of national service programs; sist a wide number of nonprofit organizations SEC. 1841. AUTHORIZATION OF APPROPRIATIONS. ‘‘(4) developing the management and budg- within a State, relative to the proposed amount Section 501 (42 U.S.C. 12681) is amended— etary skills of individuals operating or over- of the grant; and (1) by striking subsection (a) and inserting the ‘‘(C) the quality of the organizational devel- seeing national service programs, including de- following: opment assistance to be delivered by the inter- veloping skills to increase the cost effectiveness ‘‘(a) TITLE I.— mediary nonprofit grantee, including the quali- of the programs under the national service laws; ‘‘(1) SUBTITLE B.— ‘‘(5) providing for or improving the training fications of its administrators and representa- ‘‘(A) IN GENERAL.—There are authorized to be provided to the participants in programs under tives, and its record in providing services to appropriated to provide financial assistance the national service laws; small and midsize nonprofit organizations. under subtitle B of title I— ‘‘(6) facilitating the education of individuals ‘‘(f) FEDERAL SHARE.— ‘‘(i) $97,000,000 for fiscal year 2010; and ‘‘(1) IN GENERAL.—The Federal share of the participating in national service programs in ‘‘(ii) such sums as may be necessary for each cost as referenced in subsection (b) shall be 50 risk management procedures, including the of fiscal years 2011 through 2014. percent. training of participants in appropriate risk ‘‘(B) PART IV RESERVATION.—Of the amount ‘‘(2) NON-FEDERAL SHARE.— management practices; appropriated under subparagraph (A) for a fis- ‘‘(A) IN GENERAL.—The non-Federal share of ‘‘(7) training individuals operating or over- cal year, the Corporation may reserve such sums the cost as referenced in subsection (b) shall be seeing national service programs— as may be necessary to carry out part IV of sub- 50 percent and shall be provided in cash. ‘‘(A) in volunteer recruitment, management, title B of title I. ‘‘(B) THIRD PARTY CONTRIBUTIONS.— and retention to improve the abilities of such in- ‘‘(C) SECTION 118A.—Of the amount appro- ‘‘(i) IN GENERAL.—Except as provided in dividuals to use participants and other volun- priated under subparagraph (A) and not re- clause (ii), an intermediary nonprofit grantee teers in an effective manner, which training reserved under subparagraph (B) for a fiscal year,

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not more than $7,000,000 shall be made available ‘‘(F) SECTION 198P.—Of the amount authorized (C) in paragraph (3), by striking ‘‘the jobless, for awards to Campuses of Service under section under subparagraph (A), there shall be made the hungry,’’ and inserting ‘‘unemployed indi- 118A. available to carry out section 198P— viduals,’’; ‘‘(D) SECTION 119(C)(8).—Of the amount appro- ‘‘(i) $50,000,000 for fiscal year 2010; (D) in paragraph (4), by striking ‘‘prevention, priated under subparagraph (A) and not re- ‘‘(ii) $60,000,000 for fiscal year 2011; education,’’ and inserting ‘‘through prevention, served under subparagraph (B) for a fiscal year, ‘‘(iii) $70,000,000 for fiscal year 2012; education, rehabilitation, treatment,’’; not more than $10,000,000 shall be made avail- ‘‘(iv) $80,000,000 for fiscal year 2013; and (E) in paragraph (5), by striking ‘‘chronic and able for summer of service program grants under ‘‘(v) $100,000,000 for fiscal year 2014. life-threatening illnesses’’ and inserting ‘‘mental section 119(c)(8), and not more than $10,000,000 ‘‘(5) ADMINISTRATION.— illness, chronic and life-threatening illnesses,’’; shall be deposited in the National Service Trust ‘‘(A) IN GENERAL.—There are authorized to be (F) in paragraph (6)— to support summer of service educational appropriated for the administration of this Act, (i) by striking ‘‘Headstart act’’ and inserting awards, consistent with section 119(c)(8). including financial assistance under section ‘‘Head Start Act’’; and ‘‘(E) SECTION 119(C)(9).—Of the amount appro- 126(a), such sums as may be necessary for each (ii) by striking ‘‘and’’ after the semicolon at priated under subparagraph (A) and not re- of fiscal years 2010 through 2014. the end; served under subparagraph (B) for a fiscal year, ‘‘(B) CORPORATION.—Of the amounts appro- (G) in paragraph (7), by striking the period at not more than $20,000,000 shall be made avail- priated under subparagraph (A) for a fiscal the end and inserting a semicolon; and able for youth engagement zone programs under year, a portion shall be made available to pro- (H) by adding at the end the following: section 119(c)(9). vide financial assistance under section 126(a). ‘‘(8) in assisting with the reentry and re- ‘‘(6) EVALUATION, TRAINING, AND TECHNICAL ‘‘(F) GENERAL PROGRAMS.—Of the amount re- integration of formerly incarcerated youth and ASSISTANCE.—Notwithstanding paragraphs (1), maining after the application of subparagraphs adults into society, including providing training (2), and (4) and any other provision of law, of (A) through (E) for a fiscal year— and counseling in education, employment, and ‘‘(i) not more than 60 percent shall be avail- the amounts appropriated for a fiscal year life skills; able to provide financial assistance under part I under subtitles B, C, and H of title I of this Act ‘‘(9) in developing and carrying out financial of subtitle B of title I; and under titles I and II of the Domestic Volun- literacy, financial planning, budgeting, saving, ‘‘(ii) not more than 25 percent shall be avail- teer Service Act of 1973, the Corporation shall and reputable credit accessibility programs in able to provide financial assistance under part reserve not more than 2.5 percent to carry out low-income communities, including those pro- II of such subtitle; and sections 112(e) and 179A and subtitle J, of which grams that educate individuals about financing ‘‘(iii) not less than 15 percent shall be avail- $1,000,000 shall be used by the Corporation to home ownership and higher education; able to provide financial assistance under part carry out section 179A. Notwithstanding sub- ‘‘(10) in initiating and supporting before- III of such subtitle. section (b), amounts so reserved shall be avail- school and after-school programs, serving chil- ‘‘(2) SUBTITLES C AND D.—There are author- able only for the fiscal year for which the dren in low-income communities, that may en- ized to be appropriated, for each of fiscal years amounts are reserved.’’; gage participants in mentoring, tutoring, life 2010 through 2014, such sums as may be nec- (2) by striking subsections (b) and (d); and skills and study skills programs, service-learn- essary to provide financial assistance under (3) by redesignating subsection (c) as sub- ing, physical, nutrition, and health education subtitle C of title I and to provide national serv- section (b). programs, and other activities addressing the ice educational awards under subtitle D of title TITLE II—DOMESTIC VOLUNTEER needs of the children; I for the number of participants described in SERVICE ACT OF 1973 ‘‘(11) in establishing and supporting commu- section 121(f)(1) for each such fiscal year. SEC. 2001. REFERENCES. nity economic development initiatives, with a ‘‘(3) SUBTITLE E.— Except as otherwise expressly provided, when- priority on work on such initiatives in rural ‘‘(A) IN GENERAL.—There are authorized to be ever in this title an amendment or repeal is ex- areas and the other areas where such initiatives appropriated to operate the National Civilian pressed in terms of an amendment to, or repeal are needed most; Community Corps and provide financial assist- of, a section or other provision, the reference ‘‘(12) in assisting veterans and their family ance under subtitle E of title I, such sums as shall be considered to be made to a section or members through establishing or augmenting may be necessary for each of fiscal years 2010 other provision of the Domestic Volunteer Serv- programs that assist such persons with access to through 2014. ice Act of 1973 (42 U.S.C. 4950 et seq.). legal assistance, health care (including mental ‘‘(B) PRIORITY.—Notwithstanding any other SEC. 2002. VOLUNTEERISM POLICY. health care), employment counseling or train- provision of this Act, in obligating the amounts Section 2 (42 U.S.C. 4950) is amended— ing, education counseling or training, afford- made available pursuant to the authorization of (1) in subsection (a), by striking ‘‘both young’’ able housing, and other support services; and appropriations in this paragraph, priority shall and all that follows through the period and in- ‘‘(13) in addressing the health and wellness of be given to programs carrying out activities in serting ‘‘individuals of all ages and back- individuals in low-income communities and indi- areas for which the President has declared the grounds.’’; and viduals in underserved communities, including existence of a major disaster, in accordance with (2) in subsection (b), by inserting after ‘‘State, programs to increase access to preventive serv- section 401 of the Robert T. Stafford Disaster and local agencies’’ the following: ‘‘, expand re- ices, insurance, and health services.’’; Relief and Emergency Assistance Act (42 U.S.C. lationships with, and support for, the efforts of (2) in subsection (b)— 5170), including a major disaster as a con- civic, community, and educational organiza- (A) in paragraph (1), by striking ‘‘recruitment sequence of Hurricane Katrina or Rita. tions,’’. and placement procedures’’ and inserting ‘‘(4) SUBTITLE H.— ‘‘placement procedures that involve sponsoring Subtitle A—National Volunteer Antipoverty ‘‘(A) AUTHORIZATION.—There are authorized organizations and’’; Programs to be appropriated such sums as may be nec- (B) in paragraph (2)— essary for each of fiscal years 2010 through 2014 CHAPTER 1—VOLUNTEERS IN SERVICE TO (i) in subparagraph (A), by striking ‘‘Commu- to provide financial assistance under subtitle H AMERICA nity Service Trust Act of 1993’’ and all that fol- of title I. SEC. 2101. STATEMENT OF PURPOSE. lows through the period at the end of the fourth ‘‘(B) SECTION 198B.—Of the amount authorized Section 101 (42 U.S.C. 4951) is amended— sentence and inserting ‘‘Community Service Act under subparagraph (A) for a fiscal year, such (1) in the second sentence, by striking ‘‘ex- of 1990.’’; sums as may be necessary shall be made avail- ploit’’ and all that follows through the period (ii) in subparagraph (B), by striking ‘‘central able to provide financial assistance under sec- and inserting ‘‘increase opportunities for self- information system that shall, on request, tion 198B and to provide national service edu- advancement by persons affected by such prob- promptly provide’’ and inserting ‘‘database that cational awards under subtitle D of title I to the lems.’’; and provides’’; and number of participants in national service posi- (2) in the third sentence, by striking ‘‘at the (iii) in subparagraph (C), in the second sen- tions established or increased as provided in sec- local level’’ and all that follows through the pe- tence, by inserting ‘‘and management’’ after tion 198B(b)(3) for such year. riod and inserting ‘‘at the local level, to support ‘‘the recruitment’’; and ‘‘(C) SECTION 198C.—Of the amount authorized efforts by local agencies and community organi- (C) in paragraph (5)(B), by striking ‘‘informa- under subparagraph (A) for a fiscal year, zations to achieve long-term sustainability of tion system’’ and inserting ‘‘database’’; $12,000,000 shall be made available to provide fi- projects, and to strengthen local agencies and (3) in subsection (c)— nancial assistance under section 198C. community organizations to carry out the objec- (A) in paragraph (1)— ‘‘(D) SECTION 198H.—Of the amount authorized tives of this part.’’. (i) in subparagraph (A), by inserting ‘‘the under subparagraph (A) for a fiscal year, such SEC. 2102. SELECTION AND ASSIGNMENT OF VOL- Internet and related technologies,’’ before sums as may be necessary shall be made avail- UNTEERS. ‘‘radio,’’; able to provide financial assistance under sec- Section 103 (42 U.S.C. 4953) is amended— (ii) in subparagraph (B), by inserting ‘‘Inter- tion 198H. (1) in subsection (a)— net and related technologies,’’ before ‘‘print ‘‘(E) SECTION 198K.—Of the amount authorized (A) in paragraph (1), by inserting ‘‘the Com- media,’’; under subparagraph (A), there shall be made monwealth of the Northern Mariana Islands,’’ (iii) in subparagraph (C), by inserting ‘‘State available to carry out section 198K— after ‘‘American Samoa,’’; or local offices of economic development, State ‘‘(i) $50,000,000 for fiscal year 2010; (B) in paragraph (2), by striking ‘‘handi- employment security agencies, employment of- ‘‘(ii) $60,000,000 for fiscal year 2011; capped individuals’’ and all that follows fices,’’ before ‘‘and other institutions’’; and ‘‘(iii) $70,000,000 for fiscal year 2012; through the semicolon and inserting ‘‘individ- (iv) in subparagraph (F), by striking ‘‘Com- ‘‘(iv) $80,000,000 for fiscal year 2013; and uals with disabilities, especially individuals munity Service Trust Act of 1993’’ and inserting ‘‘(v) $100,000,000 for fiscal year 2014. with severe disabilities;’’; ‘‘Community Service Act of 1990’’; and

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The Corporation shall con- (5) in subsection (g), in the first sentence, by (A) in the matter preceding paragraph (1), by sult with the directors of programs receiving striking ‘‘, and such’’ and all that follows striking ‘‘avail’’ and all that follows through grants under this section during the develop- through the period and inserting a period; and ‘‘community,’’ and inserting ‘‘share their expe- ment and implementation of the evaluation (6) by adding at the end the following: riences, abilities, and skills to improve their process. ‘‘(i) The Director may enter into agreements communities and themselves through service in ‘‘(3) The evaluation process required under under which public and private nonprofit orga- their communities,’’; paragraph (1) shall— nizations, with sufficient financial capacity and (B) in paragraph (2), by striking ‘‘, and indi- ‘‘(A) include performance measures, outcomes, size, pay for all or a portion of the costs of sup- viduals 60 years of age or older will be given pri- and other criteria established under subsection porting the service of volunteers under this ority for enrollment,’’; and (g); and part.’’. (C) in paragraph (4)— ‘‘(B) evaluate the extent to which the recipi- SEC. 2103. SUPPORT SERVICE. (i) by striking ‘‘established and will be carried ent of the grant or contract meets or exceeds Section 105(a)(1)(B) (42 U.S.C. 4955(a)(1)(B)) is out’’ and inserting ‘‘designed and imple- such performance measures, outcomes, and amended— mented’’; and other criteria through a review of the recipient. (1) by striking the first sentence and inserting (ii) by striking ‘‘field of service’’ and all that ‘‘(4) To the maximum extent practicable, the the following: ‘‘Such stipend shall be set at a follows through the period at the end and in- Corporation shall provide that each evaluation rate that is not less than a minimum of $125 per serting ‘‘field of service to be provided, as well required by this subsection is conducted by a re- month and not more than a maximum of $150 as persons who have expertise in the manage- view team that— per month, subject to the availability of funds to ment of volunteers and the needs of older indi- ‘‘(A) includes individuals who are knowledge- provide such a maximum rate.’’; and viduals.’’; and able about programs assisted under this section; (2) in the second sentence, by striking ‘‘sti- (2) by adding at the end the following: ‘‘(B) includes current or former employees of ‘‘(e)(1) Beginning with fiscal year 2013 and for pend of a maximum of $200 per month’’ and in- the Corporation who are knowledgeable about each fiscal year thereafter, each grant or con- serting ‘‘stipend set at a rate that is not more programs assisted under this section; tract awarded under this section, for such a than a maximum of $250 per month’’. ‘‘(C) includes representatives of communities year, shall be— served by volunteers of programs assisted under SEC. 2104. REPEAL. ‘‘(A) awarded for a period of 3 years, with an this section; and Section 109 (42 U.S.C. 4959) is repealed. option for a grant renewal of 3 years if the ‘‘(D) shall receive periodic training to ensure SEC. 2105. REDESIGNATION. grantee meets the performances measures estab- quality and consistency across evaluations. Section 110 (42 U.S.C. 4960) is redesignated as lished under subsection (g); and ‘‘(5) The findings of an evaluation described section 109. ‘‘(B) awarded through a competitive process in this subsection of a program described in CHAPTER 2—UNIVERSITY YEAR FOR VISTA described in paragraph (2). paragraph (1) shall— ‘‘(2)(A) The Corporation shall promulgate reg- ‘‘(A) be presented to the recipient of the grant SEC. 2121. UNIVERSITY YEAR FOR VISTA. ulations establishing the competitive process re- or contract for such program in a timely, trans- Part B of title I (42 U.S.C. 4971 et seq.) is required under paragraph (1)(B), and make such parent, and uniform manner that conveys infor- pealed. regulations available to the public, not later mation of program strengths and weaknesses CHAPTER 3—SPECIAL VOLUNTEER than 18 months after the date of the enactment and assists with program improvement; and PROGRAMS of the Serve America Act. The Corporation shall ‘‘(B) be used as the basis for program improve- SEC. 2131. STATEMENT OF PURPOSE. consult with the directors of programs receiving ment, and for the provision of training and Section 121 (42 U.S.C. 4991) is amended in the grants under this section during the develop- technical assistance. second sentence by striking ‘‘situations’’ and in- ment and implementation of the competitive ‘‘(g)(1) The Corporation shall, with particular serting ‘‘organizations’’. process. attention to the different needs of rural and SEC. 2132. LITERACY CHALLENGE GRANTS. ‘‘(B) The competitive process required by sub- urban programs assisted under this section, de- Section 124 (42 U.S.C. 4995) is repealed. paragraph (A) shall— velop performance measures, outcomes, and ‘‘(i) include the use of a peer review panel, in- other criteria for programs assisted under this Subtitle B—National Senior Service Corps cluding members with expertise in senior service section that— SEC. 2141. TITLE. and aging, to review applications; ‘‘(A) include an assessment of the strengths Title II (42 U.S.C. 5000 et seq.) is amended by ‘‘(ii) include site inspections of programs as- and areas in need of improvement of a program striking the title heading and inserting the fol- sisted under this section, as appropriate; assisted under this section; lowing: ‘‘(iii) in the case of an applicant who has pre- ‘‘(B) include an assessment of whether such ‘‘TITLE II—NATIONAL SENIOR SERVICE viously received a grant or contract for a pro- program has adequately addressed population CORPS’’. gram under this section, include an evaluation and community-wide needs; of the program conducted by a review team, as ‘‘(C) include an assessment of the efforts of SEC. 2142. STATEMENT OF PURPOSE. described in subsection (f); such program to collaborate with other commu- Section 200 (42 U.S.C. 5000) is amended to read ‘‘(iv) ensure that— nity-based organizations, units of government, as follows: ‘‘(I) the grants or contracts awarded under and entities providing services to seniors, taking ‘‘SEC. 200. STATEMENT OF PURPOSE. this section through the competitive process for into account barriers to such collaboration that ‘‘It is the purpose of this title to provide— a grant or contract cycle support an aggregate such program may encounter; ‘‘(1) opportunities for senior service to meet number of volunteer service years for a given ge- ‘‘(D) include a protocol for fiscal management unmet local, State, and national needs in the ographic service area that is not less than the that shall be used to assess such program’s com- areas of education, public safety, emergency aggregate number of volunteer service years pliance with the program requirements for the and disaster preparedness, relief, and recovery, supported under this section for such service appropriate use of Federal funds; health and human needs, and the environment; area for the previous grant or contract cycle; ‘‘(E) include an assessment of whether the ‘‘(2) for the National Senior Service Corps, ‘‘(II) the grants or contracts awarded under program is in conformity with the eligibility, comprised of the Retired and Senior Volunteer this section through the competitive process for outreach, enrollment, and other requirements Program, the Foster Grandparent Program, and a grant or contract cycle maintain a similar pro- for programs assisted under this section; and the Senior Companion Program, and demonstra- gram distribution, as compared to the program ‘‘(F) contain other measures of performance tion and other programs, to empower people 55 distribution for the previous grant or contract developed by the Corporation, in consultation years of age or older to contribute to their com- cycle; and with the review teams described in subsection munities through service, enhance the lives of ‘‘(III) every effort is made to minimize the dis- (f)(4). those who serve and those whom they serve, and ruption to volunteers; and ‘‘(2)(A) The performance measures, outcomes, provide communities with valuable services; ‘‘(v) include the use of performance measures, and other criteria established under this sub- ‘‘(3) opportunities for people 55 years of age or outcomes, and other criteria established under section may be updated or modified as nec- older, through the Retired and Senior Volunteer subsection (g). essary, in consultation with directors of pro- Program, to share their knowledge, experiences, ‘‘(f)(1) Notwithstanding section 412, and effec- grams under this section, but not earlier than abilities, and skills for the betterment of their tive beginning 180 days after the date of enact- fiscal year 2014. communities and themselves; ment of the Serve America Act, each grant or ‘‘(B) For each fiscal year preceding fiscal year ‘‘(4) opportunities for low-income people 55 contract under this section that expires in fiscal 2014, the Corporation may, after consulting with years of age or older, through the Foster Grand- year 2011, 2012, or 2013 shall be subject to an directors of the programs under this section, de- parents Program, to have a positive impact on evaluation process conducted by a review team termine that a performance measure, outcome, the lives of children in need; and described in paragraph (4). The evaluation proc- or criterion established under this subsection is ‘‘(5) opportunities for low-income people 55 ess shall be carried out, to the maximum extent operationally problematic, and may, in con- years of age or older, through the Senior Com- practicable, in fiscal year 2010, 2011, and 2012, sultation with such directors and after notifying panion Program, to provide support services and respectively. the authorizing committees— companionship to other older individuals ‘‘(2) The Corporation shall promulgate regula- ‘‘(i) eliminate the use of that performance through volunteer service.’’. tions establishing the evaluation process re- measure, outcome or criterion; or

VerDate Nov 24 2008 00:46 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.017 H31MRPT1 jbell on PROD1PC69 with HOUSE H4178 CONGRESSIONAL RECORD — HOUSE March 31, 2009 ‘‘(ii) modify that performance measure, out- the grandparent under this part after the child (2) in subsection (b)— come, or criterion as necessary to render it no reaches the age of 21, if such child is an indi- (A) in paragraph (2), by inserting ‘‘through longer operationally problematic. vidual with a disability who was receiving such education, prevention, treatment, and rehabili- ‘‘(3) In the event that a program does not meet services prior to attaining the age of 21.’’; and tation’’ before the period at the end; one or more of the performance measures, out- (B) by striking paragraph (2) and inserting (B) by striking paragraph (4) and inserting come, or criteria established under this sub- the following: the following: section, the Corporation shall initiate proce- ‘‘(2) If an assignment of a foster grandparent ‘‘(4) Programs that establish and support men- dures to terminate the program in accordance under this part is suspended or discontinued, toring programs for low-income youth, including with section 412. the replacement of that foster grandparent shall mentoring programs that match such youth with ‘‘(h) The Chief Executive Officer shall develop be determined in a manner consistent with para- mentors and match such youth with employment procedures by which programs assisted under graph (3).’’; and training programs, including apprentice- this section may receive training and technical (3) in subsection (d), by striking ‘‘$2.45 per ship programs.’’; assistance, which may include regular moni- hour’’ and all that follows through ‘‘five cents, (C) in paragraph (5), by inserting ‘‘, including toring visits to assist programs in meeting the except’’ and inserting ‘‘$3.00 per hour, except’’; literacy programs that serve youth, and adults, performance measures, outcomes, and criteria. (4) in subsection (e)— with limited English proficiency’’ before the pe- ‘‘(i)(1) Notwithstanding subsection (g)(3) or (A) in paragraph (1), by striking ‘‘125 per cen- riod at the end; (D) by striking paragraphs (6) and (7) and in- section 412, the Corporation shall continue to tum’’ and inserting ‘‘200 percent’’; and (B) in paragraph (2), by striking ‘‘per cen- serting the following: fund a program assisted under this section that ‘‘(6) Programs that provide respite care, in- has failed to meet or exceed the performance tum’’ and inserting ‘‘percent’’; and (5) in subsection (f)(1)— cluding care for elderly individuals and for chil- measures, outcomes, and other criteria estab- dren and individuals with disabilities or chronic lished under this subsection for not more than (A) in subparagraph (A), by striking ‘‘subparagraphs (B) and (C)’’ and inserting ‘‘sub- illnesses who are living at home. 12 months if the competitive process established ‘‘(7) Programs that provide before-school and under subsection (e) does not result in a suc- paragraph (B)’’; and (B) by striking subparagraph (C). after-school activities, serving children in low- cessor grant or contract for such program, in income communities, that may engage partici- SEC. 2145. SENIOR COMPANION PROGRAM. order to minimize the disruption to volunteers pants in mentoring relationships, tutoring, life Section 213(a) (42 U.S.C. 5013(a)) is amended and the disruption of services. skills, and study skills programs, service-learn- by striking ‘‘aged 60 or over’’ and inserting ‘‘age ‘‘(2) In the case where a program is continued ing, physical, nutrition, and health education 55 or older’’. under paragraph (1), the Corporation shall con- programs, and other activities addressing the duct outreach regarding the availability of a SEC. 2146. GENERAL PROVISIONS. needs of the children in the communities, in- grant under this section for the area served by (a) PROMOTION OF NATIONAL SENIOR SERVICE cluding children of working parents.’’; such program and establish a new competition CORPS.—Section 221 (42 U.S.C. 5021) is amend- (E) by striking paragraph (8); for awarding the successor program to the con- ed— (F) by redesignating paragraphs (9) through tinued program. The recipient operating the (1) in the section heading, by striking ‘‘VOL- (15) as paragraphs (8) through (14), respectively; continued program shall remain eligible for the UNTEER’’ and inserting ‘‘SERVICE’’; and (G) in paragraph (10) (as redesignated by sub- new competition. (2) in subsection (b)(2), by striking ‘‘participa- paragraph (F))— ‘‘(3) The Corporation may monitor the recipi- tion of volunteers’’ and inserting ‘‘participation (i) by striking ‘‘educationally disadvantaged ent of a grant or contract supporting a program of volunteers of all ages and backgrounds, living children’’ and inserting ‘‘students’’; and continued under paragraph (1) during this pe- in urban or rural communities’’. (ii) by striking ‘‘the basic skills of such chil- riod and may provide training and technical as- (b) MINORITY POPULATION PARTICIPATION.— dren’’ and inserting ‘‘the academic achievement sistance to assist such recipient in meeting the Section 223 (42 U.S.C. 5023) is amended— of such students’’; performance measures for such program. (1) in the section heading, by striking (H) by striking paragraph (11) (as redesig- ‘‘(j) The Corporation shall develop and dis- ‘‘GROUP’’ and inserting ‘‘POPULATION’’; and nated by subparagraph (F)) and inserting the seminate an online resource guide for programs (2) by striking ‘‘sixty years and older from mi- following: under this section not later than 180 days after nority groups’’ and inserting ‘‘age 55 years or ‘‘(11) Programs that engage older individuals the date of enactment of the Serve America Act, older from minority populations’’. with children and youth to complete service in which shall include— (c) USE OF LOCALLY GENERATED CONTRIBU- energy conservation, environmental steward- ‘‘(1) examples of high-performing programs as- TIONS IN NATIONAL SENIOR SERVICE CORPS.— ship, or other environmental needs of a commu- sisted under this section; Section 224 (42 U.S.C. 5024) is amended— nity, including service relating to conducting ‘‘(2) corrective actions for underperforming (1) in the section heading, by striking ‘‘VOL- energy audits, insulating homes, or conducting programs; and UNTEER’’ and inserting ‘‘SERVICE’’; and other activities to promote energy efficiency.’’; (I) by striking paragraph (14) (as redesignated ‘‘(3) examples of meaningful outcome-based (2) by striking ‘‘Volunteer Corps’’ and insert- by subparagraph (F)) and inserting the fol- performance measures, outcomes, and criteria ing ‘‘Service Corps’’. (d) NATIONAL PROBLEMS OF LOCAL CON- lowing: that capture a program’s mission and prior- ‘‘(14) Programs in which the grant recipients ities.’’. CERN.—Section 225 (42 U.S.C. 5025) is amended— (1) in subsection (a)— involved collaborate with criminal justice pro- SEC. 2144. FOSTER GRANDPARENT PROGRAM. (A) in paragraph (1)— fessionals and organizations in order to provide Section 211 (42 U.S.C. 5011) is amended— (i) in subparagraph (B), by striking ‘‘(10), prevention programs that serve low-income (1) in subsection (a)— (12), (15), and (16)’’ and inserting ‘‘(9), (11), and youth or youth reentering society after incarcer- (A) in the first sentence— (14)’’; and ation and their families, which prevention pro- (i) by striking ‘‘aged sixty’’ and inserting ‘‘age (ii) in subparagraph (C), by striking ‘‘(10)’’ grams may include mentoring, counseling, or 55’’; and and inserting ‘‘(9)’’; employment counseling.’’; (ii) by striking ‘‘children having exceptional (B) by amending paragraph (2) to read as fol- (J) by striking paragraph (16); and needs’’ and inserting ‘‘children having special lows: (K) by redesignating paragraphs (17) and (18) or exceptional needs or circumstances identified ‘‘(2) An applicant for a grant under para- as paragraphs (15) and (16), respectively; as limiting their academic, social, or emotional graph (1) shall determine whether the program (3) in subsection (c)(1), by inserting ‘‘and that development’’; and to be supported by the grant is a program under such applicant has expertise applicable to imple- (B) in the second sentence— part A, B, or C, and shall submit an application menting the proposed program for which the ap- (i) by striking ‘‘any of a variety of’’; and as required for such program.’’; and plicant is requesting the grant’’ before the pe- (ii) by striking ‘‘children with special or ex- (C) by adding at the end the following: riod at the end; and ceptional needs’’ and inserting ‘‘children having ‘‘(4) To the maximum extent practicable, the (4) in subsection (e), by inserting ‘‘widely’’ special or exceptional needs or circumstances Director shall ensure that not less than 25 per- after ‘‘shall’’. (e) ACCEPTANCE OF DONATIONS.—Part D of identified as limiting their academic, social, or cent of the funds appropriated under this sec- title II (42 U.S.C. 5021 et seq.) is amended by emotional development’’; tion are used to award grants— (2) in subsection (b)— ‘‘(A) to applicants for grants under this sec- adding at the end the following: (A) in paragraph (1)— tion that are not receiving assistance from the ‘‘SEC. 228. ACCEPTANCE OF DONATIONS. (i) in the matter preceding subparagraph (A), Corporation at the time of such grant award; or ‘‘(a) IN GENERAL.—Except as provided in sub- by striking ‘‘shall have’’ and all that follows ‘‘(B) to applicants from locations where no section (b), an entity receiving assistance under through ‘‘(2) of the subsection’’ and inserting programs supported under part A, B, or C are in this title may accept donations, including dona- ‘‘may determine’’; effect at the time of such grant award. tions in cash or in kind fairly evaluated, includ- (ii) in subparagraph (A), by striking ‘‘and’’ ‘‘(5) Notwithstanding paragraph (4), if, for a ing plant, equipment, or services. after the semicolon at the end; fiscal year, less than 25 percent of the appli- ‘‘(b) EXCEPTION.—An entity receiving assist- (iii) in subparagraph (B), by striking the pe- cants for grants under this section are appli- ance under this title to carry out an activity riod at the end and inserting ‘‘; and’’; and cants described in paragraph (4), the Director shall not accept donations from the beneficiaries (iv) by adding at the end the following: may use an amount that is greater than 75 per- of the activity.’’. ‘‘(C) whether it is in the best interest of the cent of the funds appropriated under this sub- Subtitle C—Administration and Coordination child receiving, and the particular foster grand- section to award grants to applicants that are SEC. 2151. SPECIAL LIMITATIONS. parent providing, services in such a project, to already receiving assistance from the Corpora- Section 404(a) (42 U.S.C. 5044(a)) is amended continue the relationship between the child and tion at the time of such grant award.’’; by inserting ‘‘or other volunteers (not including

VerDate Nov 24 2008 00:46 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.017 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4179 participants under this Act and the National part C of title I such sums as may be necessary ‘‘Subtitle C—National Service Trust Program and Community Service Act of 1990 (42 U.S.C. for each of fiscal years 2010 through 2014.’’; and ‘‘PART I—INVESTMENT IN NATIONAL SERVICE (B) by redesignating paragraph (5) as para- 12501 et seq.)),’’ after ‘‘employed workers’’ both ‘‘Sec. 121. Authority to provide assistance and graph (3); places such term appears. approved national service posi- (2) in subsection (c), by striking ‘‘part B or C’’ SEC. 2152. APPLICATION OF FEDERAL LAW. tions. Section 415 (42 U.S.C. 5055) is amended— and inserting ‘‘part C’’; and ‘‘Sec. 122. National service programs eligible for (3) by striking subsection (e). (1) in subsection (c), by inserting ‘‘(as such program assistance. (b) NATIONAL SENIOR SERVICE CORPS.—Section part was in effect on the day before the date of ‘‘Sec. 123. Types of national service positions 502 (42 U.S.C. 5082) is amended to read as fol- enactment of the Serve America Act)’’ after eligible for approval for national lows: ‘‘part B’’; and service educational awards. (2) in subsection (e), by inserting ‘‘(as such ‘‘SEC. 502. NATIONAL SENIOR SERVICE CORPS. ‘‘Sec. 124. Types of program assistance. part was in effect on the day before the date of ‘‘(a) RETIRED AND SENIOR VOLUNTEER PRO- ‘‘Sec. 126. Other special assistance. GRAM.—There are authorized to be appropriated enactment of the Serve America Act)’’ after ‘‘A, ‘‘PART II—APPLICATION AND APPROVAL PROCESS B’’. to carry out part A of title II, $70,000,000 for fis- ‘‘Sec. 129. Provision of assistance and approved SEC. 2153. EVALUATION. cal year 2010, and such sums as may be necessary for each of the fiscal years 2011 through national service positions. Section 416 (42 U.S.C. 5056) is amended— ‘‘Sec. 129A. Educational awards only program. 2014. (1) in subsection (a), in the first sentence, by ‘‘Sec. 130. Application for assistance and ap- ‘‘(b) FOSTER GRANDPARENT PROGRAM.—There striking ‘‘(including’’ and all that follows proved national service positions. are authorized to be appropriated to carry out through ‘‘3 years)’’; and ‘‘Sec. 131. National service program assistance part B of title II, $115,000,000 for fiscal year (2) in subsection (f)(3), by striking ‘‘Committee requirements. 2010, and such sums as may be necessary for on Education and Labor of the House of Rep- ‘‘Sec. 132. Ineligible service categories. each of the fiscal years 2011 through 2014. resentatives and the Committee on Labor and ‘‘Sec. 132A. Prohibited activities and ineligible ‘‘(c) SENIOR COMPANION PROGRAM.—There are Human Resources of the Senate’’ and inserting organizations. ‘‘authorizing committees’’. authorized to be appropriated to carry out part ‘‘Sec. 133. Consideration of applications. C of title II, $55,000,000 for fiscal year 2010, and SEC. 2154. DEFINITIONS. such sums as may be necessary for each of the ‘‘PART III—NATIONAL SERVICE PARTICIPANTS Section 421 (42 U.S.C. 5061) is amended— fiscal years 2011 through 2014. ‘‘Sec. 137. Description of participants. (1) in paragraph (2), by inserting ‘‘, the Com- ‘‘(d) DEMONSTRATION PROGRAMS.—There are ‘‘Sec. 138. Selection of national service partici- monwealth of the Northern Mariana Islands,’’ authorized to be appropriated to carry out part pants. after ‘‘American Samoa’’; E of title II, such sums as may be necessary for ‘‘Sec. 139. Terms of service. (2) by striking paragraph (7); each of the fiscal years 2010 through 2014.’’. ‘‘Sec. 140. Living allowances for national serv- (3) in paragraph (13), by striking ‘‘Volunteer (c) ADMINISTRATION AND COORDINATION.—Sec- ice participants. Corps’’ and inserting ‘‘Service Corps’’; tion 504 (42 U.S.C. 5084) is amended— ‘‘Sec. 141. National service educational awards. (4) in paragraph (14), by striking ‘‘Volunteer (1) in subsection (a), by striking ‘‘fiscal years ‘‘Subtitle D—National Service Trust and Corps’’ and inserting ‘‘Service Corps’’; 1994 through 1996’’ and inserting ‘‘fiscal years Provision of Educational Awards (5) by redesignating paragraphs (8) through 2010 through 2014’’; and ‘‘Sec. 145. Establishment of the National Service (20) as paragraphs (7) through (19), respectively; (2) in subsection (b), by striking ‘‘fiscal years (6) in paragraph (18) (as redesignated by Trust. 1994 through 1996’’ and inserting ‘‘fiscal years ‘‘Sec. 146. Individuals eligible to receive an edu- paragraph (5)), by striking ‘‘and’’ after the 2010 through 2014’’. semicolon at the end; cational award from the Trust. ‘‘Sec. 146A. Certifications of successful comple- (7) in paragraph (19) (as redesignated by TITLE III—TECHNICAL AMENDMENTS TO tion of terms of service. paragraph (5)), by striking the period at the end TABLES OF CONTENTS ‘‘Sec. 147. Determination of the amount of the and inserting ‘‘; and’’; and SEC. 3101. TABLE OF CONTENTS OF THE NA- educational award. (8) by adding at the end the following: TIONAL AND COMMUNITY SERVICE ‘‘Sec. 148. Disbursement of educational awards. ‘‘(20) the term ‘authorizing committees’ means ACT OF 1990. ‘‘Sec. 149. Approval process for approved posi- the Committee on Education and Labor of the Section 1(b) of the National and Community tions. House of Representatives and the Committee on Service Act of 1990 is amended to read as fol- Health, Education, Labor, and Pensions of the lows: ‘‘Subtitle E—National Civilian Community Senate.’’. ‘‘(b) TABLE OF CONTENTS.—The table of con- Corps SEC. 2155. PROTECTION AGAINST IMPROPER USE. tents of this Act is as follows: ‘‘Sec. 151. Purpose. Section 425 (42 U.S.C. 5065) is amended, in the ‘‘Sec. 1. Short title and table of contents. ‘‘Sec. 152. Establishment of National Civilian matter following paragraph (2), by striking ‘‘Sec. 2. Findings and purpose. Community Corps Program. ‘‘Volunteer Corps’’ and inserting ‘‘Service ‘‘TITLE I—NATIONAL AND COMMUNITY ‘‘Sec. 153. National service program. Corps’’. SERVICE STATE GRANT PROGRAM ‘‘Sec. 154. Summer national service program. ‘‘Sec. 155. National Civilian Community Corps. SEC. 2156. PROVISIONS UNDER THE NATIONAL ‘‘Subtitle A—General Provisions ‘‘Sec. 156. Training. AND COMMUNITY SERVICE ACT OF ‘‘Sec. 101. Definitions. 1990. ‘‘Sec. 157. Service projects. ‘‘Sec. 102. Authority to make State grants. ‘‘Sec. 158. Authorized benefits for Corps mem- Title IV (42 U.S.C. 5043 et seq.) is amended by bers. adding at the end the following: ‘‘Subtitle B—School-Based and Community- Based Service-Learning Programs ‘‘Sec. 159. Administrative provisions. ‘‘SEC. 426. PROVISIONS UNDER THE NATIONAL ‘‘Sec. 160. Status of Corps members and Corps ‘‘PART I—PROGRAMS FOR ELEMENTARY AND AND COMMUNITY SERVICE ACT OF personnel under Federal law. 1990. SECONDARY SCHOOL STUDENTS ‘‘Sec. 161. Contract and grant authority. ‘‘The Corporation shall carry out this Act in ‘‘Sec. 111. Purpose. ‘‘Sec. 162. Responsibilities of Department of De- accordance with the provisions of this Act and ‘‘Sec. 111A. Definitions. fense. the relevant provisions of the National and ‘‘Sec. 112. Assistance to States, territories, and ‘‘Sec. 163. Advisory board. Community Service Act of 1990 (42 U.S.C. 12501 Indian tribes. ‘‘Sec. 164. Evaluations. et seq.), particularly the provisions of section ‘‘Sec. 112A. Allotments. ‘‘Sec. 165. Definitions. 122 and subtitle F of title I of the National and ‘‘Sec. 113. Applications. ‘‘Subtitle F—Administrative Provisions Community Service Act of 1990 (42 U.S.C. 12572, ‘‘Sec. 114. Consideration of applications. 12631 et seq.) relating to the national service ‘‘Sec. 115. Participation of students and teach- ‘‘Sec. 171. Family and medical leave. laws.’’. ers from private schools. ‘‘Sec. 172. Reports. ‘‘Sec. 173. Supplementation. Subtitle D—Authorization of Appropriations ‘‘Sec. 116. Federal, State, and local contributions. ‘‘Sec. 174. Prohibition on use of funds. SEC. 2161. AUTHORIZATIONS OF APPROPRIA- ‘‘Sec. 117. Limitations on uses of funds. ‘‘Sec. 175. Nondiscrimination. TIONS. ‘‘Sec. 176. Notice, hearing, and grievance proce- (a) NATIONAL VOLUNTEER ANTIPOVERTY PRO- ‘‘PART II—HIGHER EDUCATION INNOVATIVE dures. GRAMS.—Section 501 (42 U.S.C. 5081) is amend- PROGRAMS FOR COMMUNITY SERVICE ‘‘Sec. 177. Nonduplication and nondisplace- ed— ‘‘Sec. 118. Higher education innovative pro- ment. (1) in subsection (a)— grams for community service. ‘‘Sec. 178. State Commissions on National and (A) by striking paragraphs (1) through (4) and ‘‘Sec. 118A. Campuses of Service. Community Service. inserting the following: ‘‘PART III—INNOVATIVE AND COMMUNITY-BASED ‘‘Sec. 179. Evaluation. ‘‘(1) VOLUNTEERS IN SERVICE TO AMERICA.— SERVICE-LEARNING PROGRAMS AND RESEARCH ‘‘Sec. 179A. Civic Health Assessment and volun- There are authorized to be appropriated to carry ‘‘Sec. 119. Innovative and community-based teering research and evaluation. out part A of title I $100,000,000 for fiscal year ‘‘Sec. 180. Engagement of participants. service-learning programs and re- 2010 and such sums as may be necessary for ‘‘Sec. 181. Contingent extension. search. each of the fiscal years 2011 through 2014. ‘‘Sec. 182. Partnerships with schools. ‘‘(2) SPECIAL VOLUNTEER PROGRAMS.—There ‘‘PART IV—SERVICE-LEARNING IMPACT STUDY ‘‘Sec. 183. Rights of access, examination, and are authorized to be appropriated to carry out ‘‘Sec. 120. Study and report. copying.

VerDate Nov 24 2008 00:46 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 6343 E:\CR\FM\A31MR7.017 H31MRPT1 jbell on PROD1PC69 with HOUSE H4180 CONGRESSIONAL RECORD — HOUSE March 31, 2009 ‘‘Sec. 184. Drug-free workplace requirements. ‘‘Sec. 204. Data on deferments and cancella- ‘‘Sec. 406. Labor standards. ‘‘Sec. 184A. Availability of assistance. tions. ‘‘Sec. 408. Joint funding. ‘‘Sec. 185. Consolidated application and report- ‘‘Subtitle B—Youthbuild Projects ‘‘Sec. 409. Prohibition of Federal control. ing requirements. ‘‘Sec. 410. Coordination with other programs. ‘‘Sec. 211. Youthbuild projects. ‘‘Sec. 186. Sustainability. ‘‘Sec. 411. Prohibition. ‘‘Sec. 187. Grant periods. ‘‘Subtitle C—Amendments to Student Literacy ‘‘Sec. 412. Notice and hearing procedures for ‘‘Sec. 188. Generation of volunteers. Corps suspension and termination of fi- ‘‘Sec. 189. Limitation on program grant costs. ‘‘Sec. 221. Amendments to Student Literacy nancial assistance. ‘‘Sec. 189A. Matching requirements for severely Corps. ‘‘Sec. 414. Distribution of benefits between rural economically distressed commu- ‘‘TITLE IV—PROJECTS HONORING VICTIMS and urban areas. nities. OF TERRORIST ATTACKS ‘‘Sec. 415. Application of Federal law. ‘‘Sec. 189B. Audits and reports. ‘‘Sec. 416. Evaluation. ‘‘Sec. 401. Projects. ‘‘Sec. 189C. Restrictions on Federal Government ‘‘Sec. 417. Nondiscrimination provisions. and uses of Federal funds. ‘‘TITLE V—AUTHORIZATION OF ‘‘Sec. 418. Eligibility for other benefits. ‘‘Sec. 189D. Criminal history checks. APPROPRIATIONS ‘‘Sec. 419. Legal expenses. ‘‘Subtitle G—Corporation for National and ‘‘Sec. 501. Authorization of appropriations. ‘‘Sec. 421. Definitions. ‘‘Sec. 422. Audit. Community Service ‘‘TITLE VI—MISCELLANEOUS PROVISIONS ‘‘Sec. 423. Reduction of paperwork. ‘‘Sec. 191. Corporation for National and Com- ‘‘Sec. 601. Amtrak waste disposal. ‘‘Sec. 424. Review of project renewals. munity Service. ‘‘Sec. 602. Exchange program with countries in ‘‘Sec. 425. Protection against improper use. ‘‘Sec. 192. Board of Directors. transition from totalitarianism to ‘‘Sec. 426. Provisions under the National and ‘‘Sec. 192A. Authorities and duties of the Board democracy.’’. Community Service Act of 1990. of Directors. SEC. 3102. TABLE OF CONTENTS OF THE DOMES- ‘‘TITLE V—AUTHORIZATION OF ‘‘Sec. 193. Chief Executive Officer. TIC VOLUNTEER SERVICE ACT OF APPROPRIATIONS ‘‘Sec. 193A. Authorities and duties of the Chief 1973. Executive Officer. Section 1(b) of the Domestic Volunteer Service ‘‘Sec. 501. National volunteer antipoverty pro- ‘‘Sec. 194. Officers. Act of 1973 is amended to read as follows: grams. ‘‘Sec. 195. Employees, consultants, and other ‘‘(b) TABLE OF CONTENTS.—The table of con- ‘‘Sec. 502. National Senior Service Corps. personnel. tents of this Act is as follows: ‘‘Sec. 504. Administration and coordination. ‘‘Sec. 505. Availability of appropriations. ‘‘Sec. 196. Administration. ‘‘Sec. 1. Short title; table of contents. ‘‘Sec. 196A. Corporation State offices. ‘‘Sec. 2. Volunteerism policy. ‘‘TITLE VI—AMENDMENTS TO OTHER ‘‘Sec. 196B. Assignment to State Commissions. LAWS AND REPEALERS ‘‘Sec. 196C. Study of involvement of veterans. ‘‘TITLE I—NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS ‘‘Sec. 601. Supersedence of Reorganization Plan ‘‘Subtitle H—Investment for Quality and No. 1 of July 1, 1971. Innovation ‘‘PART A—VOLUNTEERS IN SERVICE TO AMERICA ‘‘Sec. 602. Creditable service for civil service re- ‘‘Sec. 101. Statement of purpose. ‘‘PART I—ADDITIONAL CORPORATION ACTIVITIES tirement. ‘‘Sec. 102. Authority to operate VISTA program. TO SUPPORT NATIONAL SERVICE ‘‘Sec. 603. Repeal of title VIII of the Economic ‘‘Sec. 103. Selection and assignment of volun- Opportunity Act. ‘‘Sec. 198. Additional corporation activities to teers. ‘‘Sec. 604. Repeal of title VI of the Older Ameri- support national service. ‘‘Sec. 104. Terms and periods of service. cans Act.’’. ‘‘Sec. 198A. Presidential awards for service. ‘‘Sec. 105. Support service. TITLE IV—AMENDMENTS TO OTHER LAWS ‘‘Sec. 198B. ServeAmerica Fellowships. ‘‘Sec. 106. Participation of beneficiaries. ‘‘Sec. 198C. Silver Scholarships and Encore Fel- ‘‘Sec. 107. Participation of younger and older SEC. 4101. INSPECTOR GENERAL ACT OF 1978. lowships. persons. Section 8F(a)(1) of the Inspector General Act ‘‘PART II—NATIONAL SERVICE RESERVE CORPS ‘‘Sec. 108. Limitation. of 1978 (5 U.S.C. App.) is amended by striking ‘‘National and Community Service Trust Act of ‘‘Sec. 198H. National Service Reserve Corps. ‘‘Sec. 109. Applications for assistance. 1993’’ and inserting ‘‘National and Community ‘‘PART III—SOCIAL INNOVATION FUNDS PILOT ‘‘PART C—SPECIAL VOLUNTEER PROGRAMS Service Act of 1990’’. PROGRAM ‘‘Sec. 121. Statement of purpose. TITLE V—VOLUNTEERS FOR PROSPERITY ‘‘Sec. 198K. Funds. ‘‘Sec. 122. Authority to establish and operate PROGRAM special volunteer and demonstra- ‘‘PART IV—NATIONAL SERVICE PROGRAMS SEC. 5101. FINDINGS. CLEARINGHOUSES; VOLUNTEER GENERATION tion programs. ‘‘Sec. 123. Technical and financial assistance. Congress makes the following findings: FUND (1) Americans engaged in international volun- ‘‘Sec. 198O. National service programs clearing- ‘‘TITLE II—NATIONAL SENIOR SERVICE teer service, and the organizations deploying houses. CORPS them— ‘‘Sec. 198P. Volunteer generation fund. ‘‘Sec. 200. Statement of purpose. (A) play critical roles in responding to the ‘‘ ‘‘PART V—NONPROFIT CAPACITY BUILDING ‘‘PART A—RETIRED AND SENIOR VOLUNTEER needs of people living throughout the developing PROGRAM PROGRAM world; and ‘‘ ‘‘Sec. 198S. Nonprofit capacity building. ‘‘Sec. 201. Grants and contracts for volunteer (B) advance the international public diplo- service projects. macy of the United States. ‘‘Subtitle I—American Conservation and Youth (2) The Volunteers for Prosperity Program has Corps ‘‘PART B—FOSTER GRANDPARENT PROGRAM successfully promoted international volunteer ‘‘Sec. 199. Short title. ‘‘Sec. 211. Grants and contracts for volunteer service by skilled American professionals. ‘‘Sec. 199A. General authority. service projects. (3) In its first 4 years, the VfP Program helped ‘‘Sec. 199B. Limitation on purchase of capital ‘‘PART C—SENIOR COMPANION PROGRAM to mobilize 74,000 skilled Americans, including equipment. ‘‘Sec. 213. Grants and contracts for volunteer doctors, nurses, engineers, businesspeople, and ‘‘Sec. 199C. State application. service projects. teachers, through a network of 250 nonprofit or- ‘‘Sec. 199D. Focus of programs. ganizations and companies in the United States, ‘‘Sec. 199E. Related programs. ‘‘PART D—GENERAL PROVISIONS to carry out development and humanitarian ef- ‘‘Sec. 199F. Public lands or Indian lands. ‘‘Sec. 221. Promotion of National Senior Service forts for those affected by great global chal- ‘‘Sec. 199G. Training and education services. Corps. lenges in health, the environment, poverty, illit- ‘‘Sec. 199H. Preference for certain projects. ‘‘Sec. 222. Payments. eracy, financial literacy, disaster relief, and ‘‘Sec. 199I. Age and citizenship criteria for en- ‘‘Sec. 223. Minority population participation. other challenges. rollment. ‘‘Sec. 224. Use of locally generated contribu- (4) The VfP Program has undertaken activi- ‘‘Sec. 199J. Use of volunteers. tions in National Senior Service ties, including— ‘‘Sec. 199K. Living allowance. Corps. (A) direct outreach to leading nonprofit orga- ‘‘Sec. 199L. Joint programs. ‘‘Sec. 225. Programs of national significance. nizations and companies in the United States; ‘‘Sec. 199M. Federal and State employee status. ‘‘Sec. 226. Adjustments to Federal financial as- (B) promotion of the work of skilled Ameri- ‘‘Subtitle J—Training and Technical Assistance sistance. cans and nonprofit organizations and compa- ‘‘Sec. 199N. Training and technical assistance. ‘‘Sec. 227. Multiyear grants or contracts. nies in the United States as it relates to inter- ‘‘Sec. 228. Acceptance of donations. national volunteer service; ‘‘TITLE II—MODIFICATIONS OF EXISTING (C) public recognition of skilled American vol- PROGRAMS ‘‘PART E—DEMONSTRATION PROGRAMS unteers; ‘‘Sec. 231. Authority of Director. ‘‘Subtitle A—Publication (D) support for organizations that utilize ‘‘Sec. 201. Information for students. ‘‘TITLE IV—ADMINISTRATION AND skilled Americans as volunteers; ‘‘Sec. 202. Exit counseling for borrowers. COORDINATION (E) participation in the development of special ‘‘Sec. 203. Department information on ‘‘Sec. 403. Political activities. initiatives to further opportunities for skilled deferments and cancellations. ‘‘Sec. 404. Special limitations. Americans; and

VerDate Nov 24 2008 00:46 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 6333 E:\CR\FM\A31MR7.017 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4181 (F) leadership of an innovative public-private discriminate with respect to any project or activ- (7) Congress has provided incentives through partnership to provide eligible skilled with fi- ity receiving Federal financial assistance, in- the Internal Revenue Code of 1986 to encourage nancial assistance for volunteer assignments. cluding a stipend under this title, because of charitable giving by allowing individuals to de- SEC. 5102. DEFINITIONS. race, religion, color, national origin, sex, polit- duct contributions made to tax-exempt charities. In this title: ical affiliation, or beliefs. (8) 41,000,000 American households, consti- (1) VFP OFFICE.—The term ‘‘VfP Office’’ (3) COMPLIANCE WITH INELIGIBLE SERVICE CAT- tuting 86 percent of taxpayers who itemize de- means the Office of Volunteers for Prosperity of EGORIES.—Service carried out by a volunteer reductions, took advantage of this deduction to the United States Agency for International De- ceiving funds under this section may not pro- give to the charities of their choice. velopment. vide a direct benefit to any— (b) SENSE OF THE SENATE.—It is the sense of (2) VFP PROGRAM.—The term ‘‘VfP Program’’ (A) business organized for profit; the Senate that Congress should preserve the in- means the Volunteers for Prosperity Program es- (B) labor union; come tax deduction for charitable contributions tablished through Executive Order 13317. (C) partisan political organization; or through the Internal Revenue Code of 1986 and (3) VFPSERVE.—The term ‘‘VfPServe’’ means a (D) religious or faith-based organization for look for additional ways to encourage charitable program established by the VfP Office, in co- the purpose of proselytization, worship or any giving. operation with the USA Freedom Corps, to pro- other explicitly religious activity. Amend the title so as to read: ‘‘Entitled vide eligible skilled professionals with fixed (d) FUNDING.— The Edward M. Kennedy Serve America Act, (1) IN GENERAL.—The Administrator of the amount stipends to offset the travel and living an Act to reauthorize and reform the na- United States Agency for International Develop- costs of volunteering abroad. tional service laws’’. ment shall make available the amounts appro- MOTION OFFERED BY MR. GEORGE MILLER OF SEC. 5103. OFFICE OF VOLUNTEERS FOR PROS- priated pursuant to section 5104 to the VfP Of- PERITY. CALIFORNIA fice to pursue the objectives described in sub- (a) FUNCTIONS.—The VfP Office shall pursue section (b) by carrying out the functions de- The text of the motion is as follows: the objectives of the VfP Program described in scribed in subsection (a). Mr. GEORGE MILLER of California subsection (b) by— (2) USE OF FUNDS.—Amounts made available (1) implementing the VfPServe Program to moves to concur in the Senate amend- under paragraph (1) may be used by the VfP Of- ments. provide eligible skilled professionals with match- fice to provide personnel and other resources to ing grants to offset the travel and living ex- develop, manage, and expand the VfP Program, The SPEAKER pro tempore. Pursu- penses of volunteering abroad with nonprofit under the supervision of the United States ant to House Resolution 296, the mo- organizations; Agency for International Development. tion shall be debatable for 1 hour (2) otherwise promoting short- and long-term (e) COORDINATION.—The VfP Office shall co- equally divided and controlled by the international volunteer service by skilled Amer- ordinate its efforts with other public and private Chair and ranking member of the Com- ican professionals, including connecting such efforts that aim to send skilled professionals to professionals with nonprofit organizations, to mittee on Education and Labor. serve in developing nations. The gentleman from California (Mr. achieve such objectives; (f) REPORT.—The VfP Office shall submit an (3) helping nonprofit organizations in the annual report to Congress on the activities of GEORGE MILLER) and the gentleman United States recruit and effectively manage ad- the VfP Office. from California (Mr. MCKEON) each will ditional skilled American professionals for vol- SEC. 5104. AUTHORIZATION OF APPROPRIATIONS. control 30 minutes. unteer assignments throughout the developing (a) IN GENERAL.—There are authorized to be The Chair recognizes the gentleman world; appropriated to carry out this title $10,000,000 from California (Mr. GEORGE MILLER). (4) providing recognition for skilled American for fiscal year 2010, and such sums as may be volunteers and the organizations deploying GENERAL LEAVE necessary for each of the fiscal years 2011 them; Mr. GEORGE MILLER of California. through 2014. (5) helping nonprofit organizations and cor- Mr. Speaker, I ask unanimous consent (b) ALLOCATION OF FUNDS.—Not more than 10 porations in the United States to identify re- percent of the amounts appropriated pursuant that all Members may have 5 legisla- sources and opportunities in international vol- to subsection (a) may be expended for the ad- tive days in which to revise and extend unteer service utilizing skilled Americans; ministrative costs of the United States Agency their remarks and include extraneous (6) encouraging the establishment of inter- for International Development to manage the national volunteer programs for employees of material on the matter under consider- VfP Program. United States corporations; and ation. (7) encouraging international voluntary serv- TITLE VI—EFFECTIVE DATE The SPEAKER pro tempore. Is there ice by highly skilled Americans to promote SEC. 6101. EFFECTIVE DATE. objection to the request of the gen- health and prosperity throughout the world. (a) IN GENERAL.—This Act, and the amend- tleman from California? (b) VFP PROGRAM OBJECTIVES.—The objec- ments made by this Act, take effect on October There was no objection. tives of the VfP Program should include— 1, 2009. Mr. GEORGE MILLER of California. (1) eliminating extreme poverty; (b) REGULATIONS.—Effective on the date of en- Mr. Speaker, we are here today to vote actment of this Act, the Chief Executive Officer (2) reducing world hunger and malnutrition; on a bill that proudly bears the name (3) increasing access to safe potable water; of the Corporation for National and Community (4) enacting universal education; Service may issue such regulations as may be of a champion and true advocate of na- (5) reducing child mortality and childhood necessary to carry out this Act and the amend- tional service. The bill is aptly named diseases; ments made by this Act. the Edward M. Kennedy Serve America (6) combating the spread of preventable dis- SEC. 6102. SENSE OF THE SENATE. Act, and will provide the most signifi- eases, including HIV, malaria, and tuberculosis; (a) FINDINGS.—The Senate finds the following: cant expansion of national service (7) providing educational and work skill sup- (1) President John F. Kennedy said, ‘‘The since Senator KENNEDY’s brother, port for girls and empowering women to achieve raising of extraordinarily large sums of money, President John F. Kennedy, issued his independence; given voluntarily and freely by millions of our call to serve almost 50 years ago. (8) creating sustainable business and entrepre- fellow Americans, is a unique American tradi- This bipartisan legislation is needed neurial opportunities; and tion . . . Philanthropy, charity, giving volun- (9) increasing access to information tech- tarily and freely . . . call it what you like, but now more than ever. It will give Ameri- nology. it is truly a jewel of an American tradition’’. cans of all ages, from middle school (c) VOLUNTEERS FOR PROSPERITY SERVICE IN- (2) Americans gave more than $300,000,000,000 students through retirement, the CENTIVE PROGRAM.— to charitable causes in 2007, an amount equal to chance to be part of the solution to our (1) IN GENERAL.—The VfP Office may provide roughly 2 percent of the gross domestic product. greatest challenges—health care, edu- matching grants to offset the travel and living (3) The vast majority of those donations, cation, and energy—and help us emerge costs of volunteering abroad to any eligible or- roughly 75 percent or $229,000,000,000, came from from this crisis stronger. ganization that— individuals. (A) has members who possess skills relevant to (4) Studies have shown that Americans give It will put Americans to work in addressing any objective described in subsection far more to charity than the people of any other their communities—in classrooms and (b); and industrialized nation—more than twice as much, churches and homeless shelters, and (B) provides a dollar-for-dollar match for such measured as a share of gross domestic product, beyond. It will help Americans engage grant— than the citizens of Great Britain, and 10 times in projects that matter—feeding the (i) through the organization with which the more than the citizens of France. hungry, helping seniors live independ- individual is serving; or (5) 7 out of 10 American households donate to ently, cleaning up trails and building (ii) by raising private funds. charities to support a wide range of religious, bridges, and providing for the infra- (2) NONDISCRIMINATION REQUIREMENT.—The educational, cultural, health care, and environ- VfP Office may not provide a stipend to an indi- mental goals. structure of this country and our pub- vidual under paragraph (1) unless the nonprofit (6) These charities provide innumerable valu- lic lands. organization to which the individual is assigned able public services to society’s most vulnerable History has shown that in times of has certified to the VfP Office that it does not citizens during difficult economic times. crisis, Americans turn to service and

VerDate Nov 24 2008 00:46 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.017 H31MRPT1 jbell on PROD1PC69 with HOUSE H4182 CONGRESSIONAL RECORD — HOUSE March 31, 2009 volunteering for healing, for rebuild- and the earthquakes and the floods of Mr. Speaker, this bill is largely the ing, and for hope. The spirit of gen- California. same as the GIVE Act, a bipartisan bill erosity in the American people is one It is the church groups, the retired, that this Chamber passed overwhelm- of the greatest assets of our Nation. We the college students, and displaced ingly 2 weeks ago. The other Chamber see this every single day. workers all coming together to respond took up our version of the bill and In the past week, North and South to the need in this country, no matter made a few minor changes, including Dakota have been in a state of emer- what their personal plight is. Service is some that significantly improved the gency, with communities facing severe giving without looking back. It’s the bill. flooding as the snow melts. As they American community. It dots our en- I would like to address a few of the have in so many other times of dis- tire landscape. The Edward M. Kennedy key Republican provisions that were in aster, Americans showed up to help. Serve America Act is just what this the House bill and still remain in this Officials estimate that there are tens country needs at this pivotal moment bill. Additionally, I will discuss those of thousands of volunteers who have al- in our history. improvements made by the Senate. ready been on the ground for days, lin- Just like any volunteer who can’t do First, this bill still encourages the ing the shores of the river with over 1.5 it alone, this bill could not have hap- spirit of volunteerism—that great million sandbags to help stop the flood- pened without the tireless efforts of American trait—by updating decades- ing. In Fargo, a city with a population our staff. With that, I would like to old national service programs for the of 90,000, 80,000 volunteers showed up to thank Denise Forte, Alex Ceja, Sarah 21st century. We know that national help. Dyson, Stephanie Moore, Kim Zarish- service programs can work. In fact, in They’ve driven through treacherous Becknell, Margaret Young, Adrienne the last 3 years, more than 4 million conditions from Minnesota, Michigan, Dunbar, Fred Jones, Rachel Racuhson, service hours have been spent helping Illinois, and beyond, ready to serve and Melissa Salmanowitz, and Jessica gulf coast communities recover and re- ready to help. Today, we are acting to Kahawneck, and all the people from build after Hurricanes Katrina and help them. Mr. MCKEON’s staff. I want to thank Rita. That’s 4 million hours of service This bill recognizes that service is an Amy Jones, Susan Ross, Rob Borden, made possible by the organizations and American value. It builds upon what and James Berjeron. the individuals who choose to partici- I also want to thank Mr. MCKEON for Americans are already doing in their pate in national service. communities and across the country. all of his support as the senior Repub- We all know the urgency of this cri- lican on this committee. This has been b 1400 sis—workers are losing their jobs, fam- an effort that we’ve worked on over the But we also know these programs can ilies are losing their income, our public last couple of years in a bipartisan be made stronger. The House bill start- infrastructure is crumbling. Commu- fashion. ed us down the road by ensuring that I would also like to thank Frank nities are losing revenues and vital taxpayer dollars are being used effec- Trinity, the General Counsel at the services. tively and efficiently. This is impor- Our public needs are growing while Corporation for National Service, and tant, because national service pro- our resources for meeting them are dis- the staff of Senator KENNEDY, Senator grams are an investment in America’s HATCH, and Senator ENZI. appearing. This bill will help meet future. I am so proud that this bill has al- some of those very urgent needs. Presi- By design, the service and giving by ready received overwhelming bipar- individuals and organizations over dent Obama has recognized this. He has tisan support in this Chamber and in time will be worth much more than the made national service a top priority, in the Senate. It’s because we all recog- cost of the bill today. However, despite part because he knows it can help meet nize that it isn’t a Republican or the great returns on this investment, his three key priorities: Health care, Democratic issue, it’s not a black or the system must be held accountable, energy, and education. He has asked us white or gray or blue or red issue. It’s and it will be through regular evalua- to usher in a new era of service, to an American issue. I urge my col- tions and audits. launch a 21st century generation of leagues to stand with me on the right Another Republican priority re- volunteers and to structure a new side of history and support this legisla- flected in this legislation is the cre- economy for the future and sustainable tion. ation of a new Veterans’ Corps. This growth. The Edward M. Kennedy Serve America Act He knows that volunteers play many establishes four new corps, including the new corps gives former soldiers, sail- roles. They can teach in our class- Clean Energy Corps, to address key needs in ors, airmen, and marines a chance to rooms, they can green our commu- low-income communities. The goal of the serve this Nation once again, and it nities and our schools, they can rebuild Clean Energy Corps is to encourage energy gives us a chance to serve them. and weatherize our homes, help the un- efficiency and conservation through activities Of course, Republicans are directly insured find treatment in health clin- such as building energy-efficient housing units responsible for many of the most critics, and more. All the while, they learn in low-income communities; providing clean ical parts of this legislation before us valuable skills that will help them in energy-related services designed to meet the today. Last week, we offered a motion schools and jobs throughout their lives. needs of rural communities; and working with to recommit to amend this bill. We did Just 2 weeks ago on the steps of the schools and youth programs to educate stu- it in such a way that would ensure tax- Capitol I was lucky enough to meet re- dents and youth about ways to reduce home payer dollars would not be used for ac- tired Army Captain Scott Quilty, who energy use and improve the environment. tivities that we and many Americans proudly served our country in Iraq. He The Clean Energy Corps also builds upon find objectionable. We won that vote, told us that the Service had saved his Congress’ commitment to supporting Amer- and as we negotiated with the other life twice—the first while in Iraq when ica’s National Parks. The bill allows for chamber we insisted that the heart of he suffered an explosion and lost his projects carried out in partnership with the Na- these safeguards remain in place. Be- right arm and right leg. His fellow sol- tional Park Service and supports projects to cause of those negotiations, I can say diers carried him to safety and saved renew and rehabilitate national parks, like the that no Federal money will be used to his life. Presidio Trust in San Francisco. Presidio is a perform or promote abortions; no The second time was during his re- former military base that is now a national money will go to for-profit companies, covery at a military medical center park and has long been a site for public and campaigns, or lobbyists; no money will where he relearned how to walk and community service. The Serve America Act be used to support voter registration how to continue on with his life. As he recognizes that national parks, like the Pre- drives; and, no national service partici- says, his body was shattered but his ea- sidio Trust, provide opportunities to not only pants will replace employed workers or gerness to serve remained unshaken. inspire individuals through community service, private volunteers working on a par- Service is Captain Scott Quilty. but also to preserve natural treasures. ticular project. Service is the volunteers in North Da- I reserve the balance of my time. The Senate also strengthened the kota and South Dakota. Service is the Mr. MCKEON. I rise in support of motion to recommit from the 110th Americans who volunteered after 9/11, H.R. 1388, and yield myself such time Congress through an amendment of- after Katrina, after Rita, and the fires as I may consume. fered by Senator RICHARD BURR. That

VerDate Nov 24 2008 00:46 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.036 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4183 motion required criminal background and will likely leverage billions of dol- legislation. A provision that was in- checks for participants in the national lars in volunteer services to some of cluded on behalf of Senator RICHARD service programs. Senator BURR’s pro- the country’s neediest citizens. BURR would require the FBI to conduct posal strengthened this provision by I especially want to thank Chairman criminal backgrounds checks for grant requiring mandatory FBI MILLER, Subcommittee Chairwoman applicants that work with children, the fingerprinting for certain national MCCARTHY, Ranking Member MCKEON, elderly, or disabled individuals. In ad- service participants. and Subcommittee Ranking Member dition, the bill now includes a sense of The MTR approved by the House also PLATTS, and their staffs, for their work the Senate that Congress should pre- prohibited recipients of funding under on this legislation. I also want to serve the full income tax deduction for this act from co-locating with organi- thank in particular Senator KENNEDY charitable contributions and seeks out zations that engage in prohibited ac- and his staff for their work with me on additional ways to encourage chari- tivities. This was a thoughtful and the Volunteer Generation Fund. table giving. well-intentioned provision intended to I urge my colleagues to support this The recent floods in Fargo, North Da- ensure that organizations that would important legislation. kota, and Moorhead, Minnesota, have otherwise be ineligible for funding Mr. MCKEON. Mr. Speaker, I yield to further showcased the importance of would not be able to set up dummy the subcommittee ranking member on AmeriCorps and NCCC volunteers. Over nonprofits in order to apply for fund- the Healthy Families and Communities the weekend, 21 such volunteers were ing. Subcommittee, the gentleman from deployed through the American Red Unfortunately, that provision would Pennsylvania (Mr. PLATTS), such time Cross and have been working to sup- have had harmful, unintended con- as he may consume. port area shelters. In addition, all sequences on small charities and faith- Mr. PLATTS. Mr. Speaker, I thank Fargo Senior Corps staff and volun- based organizations that rely on larger, the gentleman for yielding. teers have been assisting with flood re- unaffiliated entities for office space. I am pleased to rise in support of sponse efforts. In Moorhead, 10 NCCC Our intent was not to discriminate H.R. 1388, the Edward M. Kennedy members are scheduled to arrive this against small nonprofits, faith-based Serve America Act, previously known Thursday to help with recovery efforts organizations, or charities. That is why as the Generations Invigorating Volun- there. we have revised the language to ensure teering and Education Act, the GIVE I am proud to have been part of this that funding will never be used for the Act. effort to strengthen national service objectionable activities we have identi- This legislation strengthens and re- programs and ensure that participants fied; but, at the same time, smaller and authorizes our Nation’s national com- can continue to aid disadvantaged and faith-based organizations will not be munity service programs. I am not needy populations. cut out of these programs simply be- only pleased with the bipartisan work Mr. Speaker, I hope that all of our cause of where their offices are located. that took place to craft this bill, and I colleagues will join us in supporting Finally, the other chamber included certainly want to recognize our full this legislation, the Edward M. Ken- one more change. It added a sense of committee chairman, Chairman MIL- nedy Serve America Act. Congress that calls on us to preserve LER, and Ranking Member MCKEON, Mr. GEORGE MILLER of California. the income tax deduction for chari- along with their staffs, and my sub- I yield 3 minutes to the gentlewoman table contributions. The national serv- committee chairwoman, Congress- from Texas (Ms. JACKSON-LEE). ice programs depend upon substantial woman MCCARTHY from New York for Ms. JACKSON-LEE of Texas. I thank support from the private sector in her efforts as well, but I am also the Speaker, and I thank Mr. MILLER order to work. pleased with the work of our colleagues and his committee. On top of that, if we are trying to in- in the Senate, working with the House I think it is important to note that spire a spirit of volunteerism beyond Members and negotiating for a very this Congress and the leadership of this this bill, we must provide incentives strong final product. It is because of government has allegedly or in num- for corporations to keep up their chari- this collective effort, this collaborative bers been only in office less than 4 table giving in these tough economic effort that we have such a good piece of months. And the good that has been times. legislation before us. done is one that should be recognized. Mr. Speaker, I support this bill be- I believe this bill makes common- Alongside of the stimulus package cause Americans who step forward and sense improvements to our Nation’s now, as we move forward to frame how say ‘‘I want to help’’ should be given national service programs. Not only taxpayer dollars we spend to help the opportunity to do so. This bill is does it provide increased flexibility for Americans are moving forward in the largely the same as the bill this cham- the States, but it also increases ac- appropriations process to restore hard- ber overwhelmingly supported a few countability and efficiency within the working Americans, now we come to weeks ago. Republican ideas have been administration of the programs. It also address the passion and the love of adopted in this legislation in both the reduces barriers for small and faith- America. House and the Senate, and the bill, based organizations to participate in I want to thank Mr. MILLER. I would H.R. 1388, is stronger because of it. these programs. like to thank our good friend on the I thank Chairman MILLER for work- H.R. 1388 strengthens existing com- Senate side, Mr. KENNEDY, my good ing together on this and making this a munity and national service programs friend CAROLYN MCCARTHY from New good bill we can all be proud of. by providing year-round service oppor- York, and I want to thank them for al- I reserve the balance of my time. tunities for students and elderly alike lowing me to contribute language that Mr. GEORGE MILLER of California. and further encourages volunteer in- allows the outreach to be broad and I yield 3 minutes to the gentleman volvement by disadvantaged youth. widespread throughout our historically from Iowa (Mr. LOEBSACK), a member This legislation also expands eligibility and Hispanic-serving institutions of of the committee. requirements for senior serving pro- higher learning. Mr. LOEBSACK. Mr. Speaker, as my grams, such as foster grandparents, I was just a few days ago in an ele- colleagues all know, Iowa experienced and the senior companion program, en- mentary class, and I was talking about severe flooding last June. From the suring that individuals with an inter- what the government does. I was day we heard the floodwaters were est in serving have options available to speaking on behalf of Teach for Amer- coming, AmeriCorps, VISTA and thou- them. ica. It is great fun. I love the work that sands of volunteers were there. Finally, I am pleased that the legis- our teachers do, and I was so honored I know firsthand the importance of lation reorganizes AmeriCorps activi- for them to allow me just a small volunteers, which is why I believe this ties into several different corps focus- amount of time to teach those beau- legislation is so important. I am espe- ing on national areas of need, such as tiful kids. We should pay tribute to our cially glad that the bill maintained my education, health care, clean energy, teachers. amendment for the Volunteer Genera- and veterans. But when I asked the question, how tion Fund, which builds capacity and I believe that the amendments made many of them would like to work for access for millions of new volunteers by the Senate further strengthen this their country, serve their country,

VerDate Nov 24 2008 00:46 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.037 H31MRPT1 jbell on PROD1PC69 with HOUSE H4184 CONGRESSIONAL RECORD — HOUSE March 31, 2009 clean up, help people who are suffering that empower community activists and im- special consideration to historically Black col- in the Dakotas, suffering from floods, prove the education and economic conditions leges and universities, Hispanic-serving institu- or help the Katrina victims or Hurri- of cities throughout the United States. It sup- tions, Tribal universities, and colleges serving cane Ike victims, or be able to help, ports and increases funding for key community predominantly minority populations. God forbid, in some tragic incident fac- services programs, including AmeriCorps, The GIVE Act will create a Campuses of ing America, and those children raised Learn and Serve America, VISTA, National Ci- Service Program that will encourage and as- their hands. That is what America is vilian Community Corps, and Senior Corps. sist students in pursuing public service ca- about. The GIVE Act creates opportunities for reers. It will also focus on recruiting scientists So I rise to support this legislation, green jobs that will contribute to energy con- and engineers to keep America competitive for H.R. 1388, that will help improve or ex- servation and environmental protection. It will years to come. The Act will expand the Senior pand AmeriCorps, Learn and Serve create critical educational opportunities for dis- Corps as a way to keep Older Americans in- America, VISTA, National Civilian advantaged youth and will create incentives cluding seniors engaged in public service, and Community Corps and Senior Corps. It for students to improve their communities. will create a Youth Engagement Zone to in- will give the opportunity for green Every year, more than 70,000 Americans crease the number of young students in volun- jobs. It will have America feeling good participate in the AmeriCorps program alone, teer services. about herself because we will be out which provides relief to cities during natural Moreover, it expands the focus of The Na- serving and improving the conserva- disasters and reinvigorates communities. Over tional Civilian Community Corps to include dis- tion of energy and environmental pro- 50 million American volunteers build homes, aster relief efforts and infrastructure improve- tection. organize food-drives, and improve schools ment to allow quicker and more effective re- I am also very pleased that language through national service programs. The GIVE sponses to disasters like Katrina and Ike that was added in the Senate to give the op- Act will broaden the opportunities for students devastated numerous communities in the portunity to youngsters in foster care. and activists to participate in national service United States. Finally, the GIVE Act will I have worked for them. I used to be via education rewards that keep up with soar- launch a nation-wide Call to Service Cam- the cochair of foster care in Harris ing costs of universities and Summer Service paign that encourages all Americans to en- County along with a former Member of programs. After Ike and Katrina, thousands of gage in national service and to recognize Sep- Congress, my good friend, Mike An- local students worked to help rebuild commu- tember 11th as a National Day of Service and drews. And our job was to bolster up nities and provide necessary services to dis- Remembrance. foster care parents and to be able to tressed families. The GIVE Act is the critical I am honored to cosponsor this legislation give them comfort in the care of young lynchpin in sustaining this civic activism. that will add service before self to America’s foster care children. Now, again, we The Senate Amendments to the GIVE Act future leaders. I urge my colleagues to join me add status to them by allowing them to would expand opportunities for youth in foster in supporting this legislation. further participate along with those care; and allow for more participation for per- Mr. MCKEON. Mr. Speaker, I yield who have disabilities. sons with disabilities. The GIVE Act will pro- myself the balance of my time. This is a critical step for America. vide job opportunities for Volunteers in Service Dedicating one’s time to helping oth- Every year more than 70,000 Americans to America, or VISTA, to re-integrate youth ers is an American trait, and a great participate in the AmeriCorps program into society, increase literacy in communities one at that. As we said the last time alone, which provides relief to cities through teaching opportunities in before and this bill was before us, H.R. 1388 helps during national disasters and reinvigo- after-school programs, and to provide health people who would like to contribute rates communities. and social services to low-income commu- their time to help others. When these The SPEAKER pro tempore. The nities. VISTA is a critical step toward poverty individuals see a problem or injustice, time of the gentlewoman has expired. alleviation, and the GIVE Act will equip it with they don’t look away, they step for- Mr. GEORGE MILLER of California. the resources to fulfill its obligations. ward and say, ‘‘I want to help.’’ I yield the gentlewoman an additional The Senate’s additions would require the As their representatives, we should 30 seconds. Corporation for National and Community Serv- help these people participate in the na- Ms. JACKSON-LEE of Texas. I thank ice, to enter into a contract with an entity that tional service programs as well, and the gentleman. is not a recipient of Learn and Serve funding that is why I am voting for this bill. Over 50 million American volunteers to conduct a 10-year longitudinal study on the Once again, I want to thank Chairman build homes, organize food drives, and impact of the service-learning activities. The MILLER and Chairwoman MCCARTHY for improve schools through national serv- entity would submit a final report to the Cor- ensuring such an open, bipartisan proc- ice programs. The GIVE Act will broad- poration containing the results of the study ess in crafting this legislation. I would en the opportunities for students and and information on best practices. The Cor- also like to recognize senior Repub- activists. poration would submit the report to the author- lican PLATTS of the subcommittee and Mr. Speaker, Mr. MILLER, this is a izing committees, and would make the report Representative HOEKSTRA for their great day for America. It only gives available to the public on the Corporation’s leadership. Finally, I want to recognize them the infrastructure of what they Web site. This provides greater transparency the hardworking staff on both sides of have been crying out to do, the very and accountability in the administration of the aisle. question we raised with the past ad- these important programs. ministration: Where there is benefit, I am pleased to see that the GIVE Act will b 1415 there must be sacrifice, there must be create 4 new service opportunities including a In particular I would like to thank burden. And we now have an oppor- Clean Energy Corps, an Education Corps, a Amy Jones, Mandy Schaumburg and tunity, no matter who we are, what our Healthy Futures Corps, and a Veteran Service Susan Ross on my staff for their ef- capabilities, what our intellect, what Corps. These volunteer opportunities will fur- forts. our physical capabilities are, to give ther improve environmental protection, health- I yield back the balance of my time. back to America. This is a good thing care access, and services for veterans. These Mr. GEORGE MILLER of California. that is happening in this country, a new service corps will address critical con- I yield 3 minutes to the gentleman good thing that is happening today. I cerns in low-income communities. I am very from New Jersey (Mr. ANDREWS). rise to support H.R. 1388. happy that the revised legislation aids vet- (Mr. ANDREWS asked and was given Mr. Speaker, I rise today in strong support erans in their pursuit of education and profes- permission to revise and extend his re- of H.R. 1388, the ‘‘Generations of Invigorating sional opportunities, and help veterans with marks.) Volunteerism and Education Act or the ‘GIVE the claims process, and assist rural, disabled, Mr. ANDREWS. I thank my chair- Act’.’’ I would like to thank my colleague Con- and unemployed veterans with transportation man for yielding. gresswoman MCCARTHY for introducing this needs. Moreover, the GIVE Act will recognize I would like to congratulate our lead- important legislation, as well as the Chairman colleges and universities that are strongly en- ership, both of our chairmen and our of the Committee on Education and Labor, gaged in service through grants and rewards senior Republican member on both Congressman GEORGE MILLER, for his leader- that will in turn improve educational access in sides and the staffs on both sides and ship in bringing this bill to the floor today. the United States. Mrs. MCCARTHY as well and Mr. PLATTS Mr. Speaker, this legislation will expand the I am pleased to see the Retention of my for their diligent work on this bill. I’m already highly successful volunteer programs Language from the 110th Congress that gives pleased to rise in support of the bill.

VerDate Nov 24 2008 00:46 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.039 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4185 The glue that holds our country to- this legislation and supported by this Mr. Speaker, I encourage my colleagues gether is the voluntary efforts of quiet administration, it is going to provide a and constituents to follow in the footsteps of but determined Americans who do the continuum of opportunities to volun- Cesar E. Chavez and his commitment to serv- important work of our community and teer, to participate in community ac- ice, helping others and selflessness in every our society. As we meet here this after- tivities, to support our communities day actions. ¡Si se puede! noon, there is a senior citizen volun- and to help those in need in so many Mr. MARIO DIAZ-BALART of Florida. Mr. teering to teach a child how to read. different situations. It is going to pro- Speaker, I wish to provide further remarks on There is a high school student who is vide them that opportunity from mid- the Senate Amendments to H.R. 1388, the working in an eldercare facility, per- dle school all the way to retirement Generations Invigorating Volunteerism and haps reading books to a senior who and after retirement where we are en- Education, GIVE, Act. While I support the goal cannot see. There are people out clean- couraging the alumni, people who par- of the underlying legislation, to provide vol- ing parks. There are people out teach- ticipated in AmeriCorps in the past and untary service opportunities for Americans to ing people a new job skill. There are now have picked up a lifetime of skills, give back to their communities, I oppose the those who are working with our most talents and experience that they can, Senate’s removal of important taxpayer pro- at-risk youth to prevent them from once again, turn back into service for tections which were intentionally included by self-destructive behavior and instead America. the House of Representatives. turning them toward behavior that re- It is going to provide an opportunity The Motion to Recommit, which I supported alizes their full potential. We are fortu- for young people to not only help those on March 18, 2009 and which passed the nate in our country that although we in our communities but to be able to House by a vote of 318 to 105, prohibited tax- have professionals who perform those explore the career opportunities in payer funds being funneled through programs services on a paid basis and do so very, clean energy, in green jobs, in health authorized in this legislation to organizations very well, but the efforts of those paid care, in teaching, in mentoring and so- that have been indicted for voter fraud. Addi- individuals are more than supple- cial services and all of the various oc- tionally, organizations that provide or promote mented by gifts of time and effort from cupations that are available in our abortion services, including referral for such Americans who volunteer. community where additional assist- services or any organizations that co-locate The wisdom of this bill is it takes a ance and volunteerism has been a tra- with such organizations would be ineligible to relatively modest amount of money dition but also needs to be expanded. receive funds through this legislation. and leverages countless hours of volun- So we think this is a very rich expan- Unfortunately, the Senate removed these teer service and millions of acts of con- sion of the American values, of the vol- protections. If this bill were to be signed into tributions to our community. The unteer system in the country. It is as law as it is written today, taxpayer dollars could be used to fund organizations like the reach of this legislation will go far be- old as the country, and it is as new as Association of Community Organizations for yond the pages on which it is written. the future, as occupations change and opportunities change within our econ- Reform Now, ACORN, which has a record of It will touch the lives of those who are omy. I want to thank Carolyn McCar- carrying out unethical practices aimed at un- often forgotten about, most vulnerable thy for her leadership in offering this dermining the legitimacy of democratic elec- and most in need of help in our commu- legislation and to all of those who have tions in our nation. nities. But more important, it will en- supported it. For these reasons, I oppose the passage of rich the lives of those who are doing Finally, I just once again would like this legislation. the volunteer work. There are few to say how proud I am that this legisla- Mrs. BACHMANN. Mr. Speaker, I rise today things in life more satisfying than tion is named for EDWARD KENNEDY, in opposition to the Senate Amendments to doing a good job for someone because it Senator KENNEDY, not only Senator H.R. 1388, the GIVE Act. I cannot vote for a is the right thing to do. And I think KENNEDY but a family name that bill that authorizes millions of dollars to pro- that this bill will create such an expe- screams out ‘‘service’’ across this coun- grams which the Office of Management and rience for a countless number of Amer- try, across generations, for the benefit, Budget deems as ‘‘Not Performing: Results icans. so many times over and over again, of Not Demonstrated’’ and ‘‘Not Performing: Inef- Finally, this is a means of extending the citizens of America. fective.’’ But I would like to recognize some of educational opportunity to many I’m very proud to have participated the positive programs that are caught up in Americans who today presently do not in the legislative shepherding of this this bad mix, especially the Foster Grand- have it. It is a commonsense solution legislation. And I hope that all of our parent Program and mentoring programs for that in exchange for doing valuable colleagues will join us on both sides of foster youth. work for one’s own community today, the aisle in support of this legislation. The Foster Grandparent Program provides a one can earn valuable credit toward Mr. GRIJALVA. Mr. Speaker, I rise today to great service to children who may not have a paying for one’s higher education to- honor Cesar E. Chavez. I have the honor of cohesive family to provide them with reliable morrow. representing the district where he was born mentors. The participants in this program give Our country’s future hinges upon our and where he gave his final breath. their time to mentor, tutor, and share experi- ability to compete in the global econ- I am proud to say I was influenced by the ences with children who need a positive adult omy. That future is impacted so posi- work of Cesar E. Chavez, a man who believed figure in their life. tively by this bill because of the lives that one should not rest on his laurels. Cesar I commend Senator MARY LANDRIEU for that will be touched by volunteerism is best known for co-founding the United Farm drawing attention to a worthy program to men- and the lives that will be enriched by Workers union; however, that recognition is tor foster youth with her amendment. As with further education. just one part of what he accomplished in his the Foster Grandparent Program, it is essen- I again would like to thank our lead- lifetime. tial for young people to have a consistent out- ership in both parties. We look forward Cesar inspired a generation to believe in the let and source of advice in their life. to the President’s prompt signature on impossible (¡Si Se Puede!), to work toward My husband and I were foster parents for this bill. I urge a ‘‘yes’’ vote. justice and to never stop fighting for the voice- 23 troubled teens. These programs provide a Mr. GEORGE MILLER of California. less. great service to children who may not other- I yield myself the remainder of my Cesar also influenced, and continues to in- wise have a consistent guide in their lives. I time. fluence, future generations. He challenged all would be amiss to not acknowledge the posi- I want to again thank all of those of us to care, advocate and organize. tive, effective programs included in this bill. who participated in the drafting, the It is fitting that today, on what would have Regrettably, the good is far outweighed by the support, the writing and the negotia- been Cesar’s 82nd birthday, we passed and bad and I must oppose this misguided legisla- tions for this act. sent the GIVE Act to the President, a bill that tion. As my colleagues have said on both encourages volunteering and investment in Mr. GEORGE MILLER of California. sides of the aisle, this is a very impor- one’s community and country. I yield back the balance of my time. tant piece of legislation. It is about To pass the GIVE Act is to continue Cesar’s The SPEAKER pro tempore (Mr. American values. It is about the spirit vision and inspiration of service to one’s com- CUMMINGS). All time for debate has ex- of this country. It is about our commu- munity, commitment to a better future for all pired. nities. And it is going to provide, with and leaving this country better than how we Pursuant to House Resolution 296, the expansion that is provided for in inherited it. the previous question is ordered.

VerDate Nov 24 2008 02:03 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.041 H31MRPT1 jbell on PROD1PC69 with HOUSE H4186 CONGRESSIONAL RECORD — HOUSE March 31, 2009 The question is on the motion offered Ross Sires Tonko from making the vote. Had I been present, I by the gentleman from California (Mr. Rothman (NJ) Skelton Towns would have voted ‘‘yea.’’ Roybal-Allard Slaughter Tsongas GEORGE MILLER). Ruppersberger Smith (NJ) Turner Mr. LEWIS of Georgia. Mr. Speaker, on roll- The question was taken; and the Rush Smith (WA) Upton call No. 169, had I been present, I would have Speaker pro tempore announced that Ryan (OH) Snyder Van Hollen voted ‘‘yea.’’ Salazar Souder Vela´ zquez the ayes appeared to have it. ´ Sanchez, Linda Space Visclosky f T. Speier Mr. GEORGE MILLER of California. Walz Sanchez, Loretta Spratt Mr. Speaker, on that I demand the yeas Wasserman VISION CARE FOR KIDS ACT OF Sarbanes Stark Schultz 2009 and nays. Schakowsky Stupak Schauer Sutton Waters The SPEAKER pro tempore. The un- The yeas and nays were ordered. Watson Schiff Tanner finished business is the vote on the mo- The SPEAKER pro tempore. Pursu- Schrader Tauscher Watt ant to clause 8 of rule XX, this 15- Schwartz Taylor Waxman tion to suspend the rules and pass the minute vote on concurring in the Sen- Scott (GA) Teague Weiner bill, H.R. 577, as amended, on which the ate amendments to H.R. 1388 will be Scott (VA) Terry Welch yeas and nays were ordered. Serrano Thompson (CA) Wexler followed by 5-minute votes on sus- Sestak Thompson (MS) Wilson (OH) The Clerk read the title of the bill. pending the rules and passing H.R. 577 Shea-Porter Thompson (PA) Woolsey The SPEAKER pro tempore. The and H.R. 1253. Sherman Tierney Wu question is on the motion offered by The vote was taken by electronic de- Shuler Titus Yarmuth the gentleman from New Jersey (Mr. vice, and there were—yeas 275, nays NAYS—149 PALLONE) that the House suspend the 149, not voting 8, as follows: Aderholt Frelinghuysen Murphy, Tim rules and pass the bill, H.R. 577, as Akin Gallegly Myrick [Roll No. 169] amended. Alexander Garrett (NJ) Neugebauer This is a 5-minute vote. YEAS—275 Austria Gerlach Nunes Bachmann Gingrey (GA) Olson The vote was taken by electronic de- Abercrombie Dingell Larson (CT) Bachus Gohmert vice, and there were—yeas 404, nays 17, Ackerman Paul Doggett Lee (CA) Barrett (SC) Goodlatte Adler (NJ) Paulsen not voting 10, as follows: Donnelly (IN) Lee (NY) Bartlett Granger Altmire Pence Doyle Levin Barton (TX) Graves [Roll No. 170] Andrews Petri Driehaus Lipinski Bilbray Guthrie Arcuri Pitts YEAS—404 Edwards (MD) LoBiondo Bilirakis Hall (TX) Baca Poe (TX) Abercrombie Edwards (TX) Loebsack Bishop (UT) Harper Carney Forbes Baird Posey Ackerman Ehlers Lofgren, Zoe Blackburn Hastings (WA) Carson (IN) Fortenberry Baldwin Price (GA) Aderholt Ellison Lowey Blunt Heller Carter Foster Barrow ´ Putnam Adler (NJ) Ellsworth Lujan Boehner Herger Cassidy Frank (MA) Bean Radanovich Alexander Engel Lynch Bonner Hoekstra Castle Franks (AZ) Becerra Rehberg Altmire Eshoo Maffei Boozman Hunter Castor (FL) Frelinghuysen Berkley Roe (TN) Andrews Etheridge Maloney Boustany Inglis Chandler Fudge Berman Rogers (AL) Arcuri Farr Markey (CO) Brady (TX) Issa Childers Gallegly Berry Rogers (KY) Austria Fattah Markey (MA) Broun (GA) Jenkins Clarke Garrett (NJ) Biggert Rogers (MI) Baca Filner Marshall Brown (SC) Johnson (IL) Clay Gerlach Bishop (GA) Bachmann Foster Massa Brown-Waite, Johnson, Sam Rohrabacher Cleaver Giffords Bishop (NY) Bachus Frank (MA) Matheson Ginny Jones Rooney Clyburn Gingrey (GA) Blumenauer Baird Fudge Matsui Burgess Jordan (OH) Ros-Lehtinen Coble Gohmert Boccieri Baldwin Giffords McCarthy (NY) Burton (IN) King (IA) Roskam Coffman (CO) Gonzalez Bono Mack Barrett (SC) Gonzalez McCollum Buyer Kingston Royce Cohen Goodlatte Boren Barrow Gordon (TN) McDermott Calvert Kline (MN) Ryan (WI) Cole Gordon (TN) Boswell Bartlett Grayson McGovern Campbell Lamborn Scalise Conaway Granger Boucher Barton (TX) Green, Al McHugh Cantor Latham Schmidt Connolly (VA) Graves Boyd Bean Green, Gene McIntyre Carter LaTourette Schock Conyers Grayson Brady (PA) Becerra Griffith McKeon Chaffetz Latta Sensenbrenner Cooper Green, Al Braley (IA) Berkley Grijalva McMahon Coble Lewis (CA) Sessions Costa Green, Gene Bright Berman Gutierrez McNerney Coffman (CO) Linder Shadegg Costello Griffith Brown, Corrine Berry Hall (NY) Meek (FL) Cole Lucas Shimkus Courtney Grijalva Buchanan Biggert Halvorson Meeks (NY) Conaway Luetkemeyer Shuster Crenshaw Guthrie Butterfield Bilbray Harman Melancon Culberson Lummis Simpson Crowley Gutierrez Camp Bilirakis Hastings (FL) Michaud Davis (KY) Lungren, Daniel Smith (NE) Cuellar Hall (NY) Cao Bishop (GA) Heinrich Miller (MI) Deal (GA) E. Smith (TX) Culberson Hall (TX) Capito Bishop (NY) Herseth Sandlin Miller (NC) Dent Mack Stearns Cummings Halvorson Capps Bishop (UT) Higgins Miller, George Diaz-Balart, L. Manzullo Sullivan Dahlkemper Harman Capuano Blackburn Hill Minnick Diaz-Balart, M. Marchant Thornberry Davis (AL) Harper Cardoza Blumenauer Himes Mitchell Dreier McCarthy (CA) Tiahrt Davis (CA) Hastings (FL) Carnahan Blunt Hinchey Mollohan Duncan McCaul Tiberi Davis (IL) Hastings (WA) Carney Boccieri Hinojosa Moore (KS) Emerson McClintock Walden Davis (KY) Heinrich Carson (IN) Boehner Hirono Moore (WI) Fallin McCotter Wamp Davis (TN) Heller Cassidy Bonner Hodes Murphy (CT) Flake McHenry Whitfield Deal (GA) Herger Castle Bono Mack Holden Murphy, Patrick Fleming McMorris Wilson (SC) DeFazio Herseth Sandlin Castor (FL) Boozman Holt Murtha Forbes Rodgers Wittman DeGette Higgins Chandler Boren Honda Nadler (NY) Fortenberry Mica Wolf Delahunt Hill Childers Boswell Hoyer Napolitano Foxx Miller (FL) Young (AK) DeLauro Himes Clarke Boucher Inslee Neal (MA) Franks (AZ) Moran (KS) Young (FL) Dent Hinchey Clay Jackson (IL) Nye Boustany Diaz-Balart, L. Hinojosa Cleaver Jackson-Lee Oberstar NOT VOTING—8 Boyd Diaz-Balart, M. Hirono Clyburn (TX) Obey Brady (PA) Dicks Hodes Hare Lewis (GA) Pascrell Cohen Johnson (GA) Olver Brady (TX) Dingell Hoekstra Hensarling Miller, Gary Connolly (VA) Johnson, E. B. Ortiz Westmoreland Braley (IA) Doggett Holden Israel Moran (VA) Conyers Kagen Pallone Bright Donnelly (IN) Holt Cooper Kanjorski Pastor (AZ) Brown (SC) Doyle Honda Costa Kaptur Payne b 1448 Brown, Corrine Dreier Hoyer Costello Kennedy Pelosi Brown-Waite, Driehaus Hunter Courtney Kildee Perlmutter Messrs. HALL of Texas, YOUNG of Ginny Duncan Inslee Crenshaw Kilpatrick (MI) Perriello Florida, BILIRAKIS, and Ms. GINNY Buchanan Edwards (MD) Israel Crowley Kilroy Peters BROWN-WAITE of Florida changed Burgess Edwards (TX) Issa Cuellar Kind Peterson Burton (IN) Ehlers Jackson (IL) Cummings King (NY) Pingree (ME) their vote from ‘‘yea’’ to ‘‘nay.’’ Butterfield Ellison Jackson-Lee Dahlkemper Kirk Platts So the motion was agreed to. Buyer Ellsworth (TX) Davis (AL) Kirkpatrick (AZ) Polis (CO) The result of the vote was announced Calvert Emerson Jenkins Davis (CA) Kissell Pomeroy Camp Engel Johnson (GA) Davis (IL) Klein (FL) Price (NC) as above recorded. Cantor Eshoo Johnson (IL) Davis (TN) Kosmas Rahall A motion to reconsider was laid on Cao Etheridge Johnson, E. B. DeFazio Kratovil Rangel the table. Capito Fallin Johnson, Sam DeGette Kucinich Reichert Stated for: Capps Farr Jones Delahunt Lance Reyes Capuano Fattah Jordan (OH) DeLauro Langevin Richardson Mr. MORAN of Virginia. Mr. Speaker, on Cardoza Filner Kagen Dicks Larsen (WA) Rodriguez rollcall No. 169, I was inadvertently delayed Carnahan Fleming Kanjorski

VerDate Nov 24 2008 00:46 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.042 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4187 Kaptur Miller, George Schock A motion to reconsider was laid on Forbes Lofgren, Zoe Rogers (MI) Kennedy Minnick Schrader the table. Fortenberry Lowey Rohrabacher Kildee Mitchell Schwartz Foster Lucas Rooney Kilpatrick (MI) Mollohan Scott (GA) Stated for: Foxx Luetkemeyer Ros-Lehtinen Kilroy Moore (KS) Scott (VA) Mr. TIAHRT. Mr. Speaker, on rollcall No. Frank (MA) Luja´ n Roskam Kind Moore (WI) Serrano 170, I was unavoidably detained. Had I been Franks (AZ) Lummis Ross King (NY) Moran (KS) Sessions Frelinghuysen Lungren, Daniel Rothman (NJ) Kirk Moran (VA) Sestak present, I would have voted ‘‘yea.’’ Fudge E. Roybal-Allard Kirkpatrick (AZ) Murphy (CT) Shea-Porter f Gallegly Lynch Royce Kissell Murphy, Patrick Sherman Garrett (NJ) Mack Ruppersberger Klein (FL) Murphy, Tim Shimkus PERSONAL EXPLANATION Gerlach Maffei Ryan (OH) Kline (MN) Murtha Shuler Giffords Maloney Ryan (WI) Kosmas Myrick Shuster Mr. HARE. Mr. Speaker, today March 31, Gingrey (GA) Manzullo Salazar Kratovil Nadler (NY) Simpson 2009, I was unavoidably detained in a Water Gohmert Marchant Sa´ nchez, Linda Kucinich Napolitano Sires Gonzalez Markey (CO) T. Lamborn Neal (MA) Skelton Resources Subcommittee meeting. Had I been Goodlatte Markey (MA) Sanchez, Loretta Lance Neugebauer Slaughter present, I would have voted as follows: On Gordon (TN) Marshall Sarbanes Langevin Nunes Smith (NE) Granger Massa Scalise Larsen (WA) Nye rollcall No. 169, On Motion To Concur in the Smith (NJ) Graves Matheson Schakowsky Larson (CT) Oberstar Senate Amendments to the Generations Invig- Smith (TX) Grayson Matsui Schauer Latham Olson Smith (WA) orating Volunteerism and Education (GIVE) Green, Al McCarthy (CA) Schiff LaTourette Olver Snyder Act, I would have voted ‘‘yea;’’ on rollcall No. Green, Gene McCarthy (NY) Latta Ortiz Schmidt Souder 170, On Motion to Suspend the Rules and Griffith McCaul Schock Lee (CA) Pallone Space Grijalva McClintock Lee (NY) Pastor (AZ) Pass, as Amended the Vision Care for Kids Schrader Speier Guthrie McCollum Schwartz Levin Paulsen Spratt Act of 2009, I would have voted ‘‘yea.’’ Gutierrez McCotter Lewis (CA) Payne Scott (GA) Stark Hall (NY) McDermott Scott (VA) Lewis (GA) Pence Stupak f Hall (TX) McGovern Linder Perlmutter Sensenbrenner Sullivan Halvorson McHenry Serrano Lipinski Perriello Sutton HEALTH INSURANCE RESTRIC- Hare McHugh LoBiondo Peters Sessions Tanner TIONS AND LIMITATIONS CLARI- Harman McIntyre Loebsack Peterson Sestak Tauscher Harper McKeon Lofgren, Zoe Petri FICATION ACT OF 2009 Shadegg Taylor Hastings (FL) McMahon Lowey Pingree (ME) Shea-Porter Teague The SPEAKER pro tempore. The un- Hastings (WA) McMorris Lucas Platts Sherman Terry Heinrich Rodgers Luetkemeyer Polis (CO) finished business is the vote on the mo- Shimkus Thompson (CA) Heller McNerney Luja´ n Pomeroy tion to suspend the rules and pass the Shuler Thompson (MS) Herger Meek (FL) Lungren, Daniel Posey Shuster Thompson (PA) bill, H.R. 1253, on which the yeas and Herseth Sandlin Meeks (NY) E. Price (GA) Simpson Thornberry Higgins Melancon Lynch Price (NC) nays were ordered. Sires Tiberi Hill Mica Mack Putnam The Clerk read the title of the bill. Skelton Tierney Himes Michaud Maffei Radanovich Slaughter The SPEAKER pro tempore. The Miller (FL) Maloney Rahall Titus Hinchey Smith (NE) question is on the motion offered by Miller (MI) Manzullo Rangel Tonko Hirono Smith (NJ) Markey (CO) Rehberg Towns the gentleman from New Jersey (Mr. Hodes Miller (NC) Smith (TX) Markey (MA) Reichert Tsongas PALLONE) that the House suspend the Hoekstra Miller, George Smith (WA) Marshall Reyes Turner rules and pass the bill, H.R. 1253. Holden Minnick Snyder Massa Richardson Upton Holt Mitchell Souder Matheson Rodriguez Van Hollen This is a 5-minute vote. Honda Mollohan Space ´ Matsui Roe (TN) Velazquez The vote was taken by electronic de- Hoyer Moore (KS) Speier McCarthy (CA) Rogers (AL) Visclosky vice, and there were—yeas 422, nays 3, Hunter Moore (WI) Spratt Walden Inglis Moran (KS) McCarthy (NY) Rogers (KY) not voting 6, as follows: Stark McCaul Rogers (MI) Walz Inslee Moran (VA) Stearns McCollum Rohrabacher Wamp [Roll No. 171] Israel Murphy (CT) Stupak Issa Murphy, Patrick McCotter Rooney Wasserman YEAS—422 Sullivan McDermott Ros-Lehtinen Schultz Jackson (IL) Murphy, Tim Sutton McGovern Roskam Waters Abercrombie Brady (TX) Costello Jackson-Lee Murtha Tanner Ackerman Braley (IA) Courtney (TX) Myrick McHenry Rothman (NJ) Watson Tauscher Aderholt Bright Crenshaw Jenkins Nadler (NY) McHugh Roybal-Allard Watt Taylor Adler (NJ) Brown (SC) Crowley Johnson (GA) Napolitano McIntyre Ruppersberger Waxman Teague Akin Brown, Corrine Cuellar Johnson (IL) Neal (MA) McKeon Rush Weiner Terry Alexander Brown-Waite, Culberson Johnson, E. B. Neugebauer McMahon Ryan (OH) Welch Thompson (CA) Altmire Ginny Cummings Johnson, Sam Nunes McMorris Ryan (WI) Wexler Thompson (MS) Andrews Buchanan Dahlkemper Jones Nye Rodgers Salazar Whitfield Thompson (PA) Arcuri Burgess Davis (AL) Jordan (OH) Oberstar McNerney Sa´ nchez, Linda Wilson (OH) Thornberry Austria Burton (IN) Davis (CA) Kanjorski Obey Meek (FL) T. Wilson (SC) Tiahrt Baca Butterfield Davis (IL) Kaptur Olson Meeks (NY) Sanchez, Loretta Wittman Tiberi Bachmann Buyer Davis (KY) Kennedy Olver Melancon Sarbanes Wolf Tierney Mica Scalise Woolsey Bachus Calvert Davis (TN) Kildee Ortiz Baird Camp Deal (GA) Kilpatrick (MI) Pallone Titus Michaud Schakowsky Wu Tonko Miller (FL) Schauer Yarmuth Baldwin Campbell DeFazio Kilroy Pastor (AZ) Barrett (SC) Cantor DeGette Kind Paulsen Towns Miller (MI) Schiff Young (AK) Tsongas Miller (NC) Schmidt Young (FL) Barrow Cao Delahunt King (IA) Payne Bartlett Capito DeLauro King (NY) Pence Turner NAYS—17 Barton (TX) Capps Dent Kingston Perlmutter Upton Van Hollen Akin Inglis Poe (TX) Bean Capuano Diaz-Balart, L. Kirk Perriello Becerra Cardoza Diaz-Balart, M. Kirkpatrick (AZ) Peters Vela´ zquez Broun (GA) King (IA) Royce Visclosky Campbell Kingston Sensenbrenner Berkley Carnahan Dicks Kissell Peterson Berman Carney Dingell Klein (FL) Petri Walden Chaffetz Lummis Shadegg Walz Flake McClintock Berry Carson (IN) Doggett Kline (MN) Pingree (ME) Stearns Wamp Foxx Paul Biggert Carter Donnelly (IN) Kosmas Pitts Bilbray Cassidy Doyle Kratovil Platts Wasserman NOT VOTING—10 Bilirakis Castle Dreier Kucinich Poe (TX) Schultz Waters Hare Obey Tiahrt Bishop (GA) Castor (FL) Driehaus Lamborn Polis Watson Hensarling Pascrell Bishop (NY) Chaffetz Duncan Lance Pomeroy Westmoreland Watt Marchant Pitts Bishop (UT) Chandler Edwards (MD) Langevin Posey Waxman Miller, Gary Ross Blackburn Childers Edwards (TX) Larsen (WA) Price (GA) Blumenauer Clarke Ehlers Larson (CT) Price (NC) Weiner ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Blunt Clay Ellison Latham Putnam Welch The SPEAKER pro tempore (during Boccieri Cleaver Ellsworth LaTourette Radanovich Wexler Boehner Clyburn Emerson Latta Rahall Whitfield the vote). Two minutes remain. Bonner Coble Engel Lee (CA) Rangel Wilson (OH) b 1455 Bono Mack Coffman (CO) Eshoo Lee (NY) Rehberg Wilson (SC) Boozman Cohen Etheridge Levin Reichert Wittman So (two-thirds being in the affirma- Boren Cole Fallin Lewis (CA) Reyes Wolf tive) the rules were suspended and the Boswell Conaway Farr Lewis (GA) Richardson Woolsey bill, as amended, was passed. Boucher Connolly (VA) Fattah Linder Rodriguez Wu Boustany Conyers Filner Lipinski Roe (TN) Yarmuth The result of the vote was announced Boyd Cooper Flake LoBiondo Rogers (AL) Young (AK) as above recorded. Brady (PA) Costa Fleming Loebsack Rogers (KY) Young (FL)

VerDate Nov 24 2008 00:46 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.023 H31MRPT1 jbell on PROD1PC69 with HOUSE H4188 CONGRESSIONAL RECORD — HOUSE March 31, 2009 NAYS—3 There was no objection. ‘‘some silly SOB will claim this never Broun (GA) Kagen Paul Mr. BRADY of Pennsylvania. Mr. happened.’’ NOT VOTING—6 Speaker, I yield myself such time as I There are some who claim this never may consume. Hensarling Miller, Gary Rush happened. Because a remarkable man Hinojosa Pascrell Westmoreland Mr. Speaker, this concurrent resolu- with tremendous foresight, General Ei- tion provides for the use of the Capitol ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE senhower, later President Eisenhower, Rotunda on April 23, 2009, as part of the The SPEAKER pro tempore (during because he required that proof be commemoration to honor the memory the vote). Two minutes remain in the made, those perpetrators of that fal- of the victims of the Holocaust. I sup- vote. lacy cannot be successful. port the resolution and thank the gen- In order to make this time of reflec- b 1504 tleman from California (Mr. WAXMAN) tion an official event shared by all So (two-thirds being in the affirma- for sponsoring it. Americans, Congress established the tive) the rules were suspended and the Mr. Speaker, the Holocaust is one of Days of Remembrance as our Nation’s bill was passed. the most shameful and horrifying annual commemoration of the victims The result of the vote was announced events of human history. It is impera- of the Holocaust and created the as above recorded. tive that we honor the memory of United States Holocaust Memorial Mu- A motion to reconsider was laid on those who died so senselessly and pro- seum as a permanent living memorial the table. vide them their due recognition. to these victims. Since 1982, the Holo- f Mr. Speaker, I reserve the balance of caust Museum has organized and led my time. ANNOUNCEMENT BY THE SPEAKER the national Days of Remembrance Mr. DANIEL E. LUNGREN of Cali- PRO TEMPORE ceremony in the U.S. Capitol Rotunda, fornia. Mr. Speaker, I yield myself such a ceremony that includes Holocaust The SPEAKER pro tempore. Pursu- time as I may consume. ant to clause 8 of rule XX, the Chair survivors, their families, liberators, Mr. Speaker, I rise today in support and Members of Congress. will postpone further proceedings of H. Con. Res. 54, which would, as the today on motions to suspend the rules So I urge my colleagues to support chairman has said, authorize use of the this bill so that we may continue to on which a recorded vote or the yeas Capitol Rotunda on April 23, 2009, for a and nays are ordered, or on which the use the Capitol Rotunda to pay tribute ceremony as a part of the commemora- to those lives that were lost in the Hol- vote incurs objection under clause 6 of tion of the Days of Remembrance of rule XX. ocaust during this shared time of sol- victims of the Holocaust. emn remembrance throughout the Record votes on postponed questions For descendants of the approxi- world. will be taken later. mately 6 million Jews who were killed f during the Holocaust, the atrocities Mr. WAXMAN. Mr. Speaker, it is an honor to be the sponsor of this resolution to author- AUTHORIZING USE OF CAPITOL that their loved ones suffered at the hands of Nazi Germany are with them ize the use of the Capitol Rotunda on April 23, ROTUNDA FOR HOLOCAUST COM- 2009 for the annual congressional ceremony MEMORATION each day. As a Nation, it’s important that all Americans take the time to re- to commemorate the Holocaust. Mr. BRADY of Pennsylvania. Mr. flect upon the effects of the horrors in- This year marks the 30th anniversary of the Speaker, I move to suspend the rules flicted during the Holocaust, one of the United States adoption of a national day for and agree to the concurrent resolution darkest days or hours of our humanity. Holocaust commemoration. I take great pride (H. Con. Res. 54) permitting the use of Those who would seek to destroy an that we are one of the only nations to join the the Rotunda of the Capitol for a cere- entire people based on their religious State of Israel in observing Yom Hashoah, mony as part of the commemoration of heritage committed the most heinous Holocaust Heroes and Remembrance Day, on the days of remembrance of victims of acts imaginable upon their brethren. the Hebrew anniversary of the Warsaw Ghetto the Holocaust. By remembering the victims of these uprising. The Clerk read the title of the con- Each year, the ceremony here in Wash- current resolution. unspeakable acts, we ensure that the flame of life that the forces of evil ington serves as a centerpiece for similar The text of the concurrent resolution events observed in communities throughout is as follows: tried so hard to extinguish will never be forgotten and that we shall never the United States to memorialize the millions H. CON. RES. 54 who perished and honor the courage of those Resolved by the House of Representatives allow this to happen again. Mr. Speaker, at this time I would who survived. This year’s theme ‘‘Never (the Senate concurring), Again: What You Do Matters’’ highlights the SECTION 1. USE OF ROTUNDA FOR HOLOCAUST like to mention that there is a wonder- DAYS OF REMEMBRANCE CERE- ful statue in our Rotunda of a great power of individual actions to stand against MONY. American, his name is Dwight D. Ei- genocide and our individual responsibility to The Rotunda of the Capitol is authorized senhower. He’s remembered as Presi- relay the history of the Holocaust as its last to be used on April 23, 2009, for a ceremony dent of the United States. He was also survivors are now passing on. as part of the commemoration of the days of the Supreme Allied Commander of all I would like to thank the Committee on remembrance of victims of the Holocaust. House Administration for its work on this reso- Physical preparations for the ceremony shall of those allied troops in Europe. be carried out in accordance with such condi- When his troops and he came upon lution. I encourage all of my colleagues to par- tions as the Architect of the Capitol may the reality of the Holocaust, when they ticipate in the ceremony in the Rotunda. prescribe. came upon the concentration camps, Mr. DANIEL E. LUNGREN of Cali- The SPEAKER pro tempore. Pursu- then-General Eisenhower commanded fornia. I yield back the balance of my ant to the rule, the gentleman from that his troops take pictures, see the time. Pennsylvania (Mr. BRADY) and the gen- evidence, gather the proof. He required Mr. BRADY of Pennsylvania. Mr. tleman from California (Mr. DANIEL E. that German residents, German citi- Speaker, I yield back the balance of LUNGREN) each will control 20 minutes. zens of the surrounding communities, my time. The Chair recognizes the gentleman be brought forward and have to see The SPEAKER pro tempore. The from Pennsylvania. what had taken place; and then he re- question is on the motion offered by GENERAL LEAVE quired those individuals to actually be the gentleman from Pennsylvania (Mr. Mr. BRADY of Pennsylvania. Mr. part of the burial committees that bur- BRADY) that the House suspend the Speaker, I ask unanimous consent that ied the bodies of those who had been rules and agree to the concurrent reso- all Members may have 5 legislative destroyed. lution, H. Con. Res. 54. days to revise and extend their re- When asked why he did this, Presi- The question was taken; and (two- marks in the RECORD and to include ex- dent Eisenhower, then-General Eisen- thirds being in the affirmative) the traneous matter. hower, said, ‘‘I do this to gather this rules were suspended and the concur- The SPEAKER pro tempore. Is there evidence, to get this proof, to get these rent resolution was agreed to. objection to the request of the gen- photos, because some day in the future, A motion to reconsider was laid on tleman from Pennsylvania? some’’—and I will use the initials— the table.

VerDate Nov 24 2008 01:18 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.025 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4189 DANIEL WEBSTER CONGRES- shall select Congressional Clerks consistent The Chair recognizes the gentleman SIONAL CLERKSHIP ACT OF 2009 with the following criteria: from Pennsylvania. (1) Each Congressional Clerk selected shall GENERAL LEAVE Mr. BRADY of Pennsylvania. Mr. be a graduate of an accredited law school as Speaker, I move to suspend the rules of the starting date of his or her clerkship. Mr. BRADY of Pennsylvania. Mr. and pass the bill (H.R. 151) to establish (2) Each Congressional Clerk selected shall Speaker, I ask that all Members may the Daniel Webster Congressional possess— have 5 legislative days in which to re- Clerkship Program. (A) an excellent academic record; vise and extend their remarks in the The Clerk read the title of the bill. (B) a strong record of achievement in ex- RECORD on this bill and include extra- The text of the bill is as follows: tracurricular activities; neous materials. H.R. 151 (C) a demonstrated commitment to public The SPEAKER pro tempore. Is there service; and Be it enacted by the Senate and House of Rep- objection to the request of the gen- (D) outstanding analytic, writing, and oral resentatives of the United States of America in tleman from Pennsylvania? communication skills. Congress assembled, There was no objection. (e) PROCESS.—After a Congressional Clerk SECTION 1. SHORT TITLE. is selected under this section, such Congres- Mr. BRADY of Pennsylvania. Mr. This Act may be cited as the ‘‘Daniel Web- sional Clerk shall then interview for a posi- Speaker, I yield myself such time as I ster Congressional Clerkship Act of 2009’’. tion in an office as follows: may consume. SEC. 2. FINDINGS. (1) For a Congressional Clerk selected Mr. Speaker, I rise today to support Congress finds the following: under subsection (c)(1), the Congressional H.R. 151, which would establish the (1) Each year, many of the most talented Clerk shall interview for a position with any Daniel Webster Congressional Clerk- law school graduates in the country begin office of any Committee of the Senate, in- ship Program. This program would their legal careers as judicial law clerks. cluding any Joint Committee or Select and bring the most talented law school (2) The judicial clerkship program has Special Committee, or any office of any indi- given the judiciary access to a pool of excep- graduates across the country to Wash- vidual member of the Senate. ington, D.C., and offer them an oppor- tional young lawyers at a relatively low (2) For a Congressional Clerk selected cost. under subsection (c)(2), the Congressional tunity to be employed as congressional (3) These same lawyers then go on to be- Clerk shall interview for a position with any clerks in the House of Representatives come leaders of their profession, where they office of any Committee of the House of Rep- or the Senate. serve a critical role in helping to educate the resentatives, including any Joint Committee This program is modeled after the ju- public about the judiciary and the judicial or Select and Special Committee, or any of- dicial clerkships offered in the Federal process. fice of any individual Member of the House courts. H.R. 151 would offer no fewer (4) The White House, the administrative of Representatives. than six 1-year clerkships in each agencies of the Executive Branch, the Ad- (f) PLACEMENT REQUIREMENTS.—The Selec- Chamber. The clerks would be appor- ministrative Office of the United States tion Committees shall ensure that Congres- Courts, the Federal Judicial Center, and the sional Clerks selected under this section are tioned equally between majority and United States Sentencing Commission, all apportioned equally between majority party minority offices within each Chamber. operate analogous programs for talented and minority party offices. H.R. 151 would give recent law grads in- young professionals at the outset of their ca- (g) COMPENSATION OF CONGRESSIONAL valuable insight into the functions and reers. CLERKS.—Each Congressional Clerk selected operations of the Federal legislature, (5) The Congress is without a similar pro- under this section shall receive the same and I urge my colleagues to support gram. compensation as would, and comparable benefits to, an individual who holds the position this program. (6) At a time when our Nation faces consid- Mr. Speaker, at this time, I reserve erable challenges, the Congress and the pub- of a judicial clerkship for the United States lic would benefit immeasurably from a pro- District Court for the District of Columbia the balance of my time. gram, modeled after the judicial clerkship within 3 months of graduating from law Mr. DANIEL E. LUNGREN of Cali- program, that engages the brightest young school. fornia. Mr. Speaker, I yield myself such lawyers in the Nation in the legislative proc- (h) REQUIRED ADHERENCE TO RULES.—Each time as I may consume. ess. Congressional Clerk selected under this sec- Mr. Speaker, I rise today in support tion shall be subject to all laws, regulations, (7) Accordingly, the Congress herein cre- of H.R. 151. For the last several years, and rules in the same manner and to the ates the Daniel Webster Congressional Clerk- same extent as any other employee of the I have joined my colleague, Ms. ship Program, named after one of the most Senate or House of Representatives. LOFGREN from California, in sponsoring admired and distinguished lawyer-legislators (i) EXCLUSION FROM LIMIT ON NUMBER OF this bill. This is a bill which would cre- ever to serve in the Congress, to improve the POSITIONS.—A Congressional Clerk shall be ate a congressional clerkship program business of the Congress and increase the un- excluded in determining the number of em- derstanding of its work by the public. to qualified law school graduates to ployees of the office that employs the Clerk serve for temporary 1-year terms in of- SEC. 3. DANIEL WEBSTER CONGRESSIONAL for purposes of— CLERKSHIP PROGRAM. (1) in the case of the office of a Member of fices in the House and the Senate. (a) SELECTION COMMITTEES.—As used in the House of Representatives, section 104 of The genesis of this actually was the this Act, the term ‘‘Selection Committees’’ the House of Representatives Administrative dean of the Stanford Law School, when means— Reform Technical Corrections Act (2 U.S.C. he came on a visit back here and spoke (1) the Committee on Rules and Adminis- 92); or to Ms. LOFGREN and myself and others tration of the Senate; and (2) in the case of any other office, any ap- and explained that he thought that (2) the Committee on House Administra- plicable provision of law or any rule or regu- with the prominence that judicial tion of the House of Representatives. lation which imposes a limit on the number (b) ESTABLISHMENT OF PROGRAM.—There is clerkships are given, that most aspir- of employees of the office. hereby established the Daniel Webster Con- (j) RULES.—The Selection Committees ing outstanding law students look to gressional Clerkship Program for the ap- shall develop and promulgate rules regarding the judicial branch—and even with the pointment of individuals who are graduates the administration of the Congressional clerkships that are available and fel- of accredited law schools to serve as Con- Clerkship program established under this lowships that are available in the exec- gressional Clerks in the Senate or House of section. utive branch—look to those two Representatives. (k) MEMBER DEFINED.—In this section, the branches of government as somehow (c) SELECTION OF CLERKS.—Subject to the term ‘‘Member of the House of Representa- availability of appropriations, the Selection tives’’ includes a Delegate or Resident Com- the epitome of government service. Committees shall select Congressional missioner to the Congress. And in a sense, what that does is it Clerks in the following manner: SEC. 4. AUTHORIZATION OF APPROPRIATIONS. confers a sense of importance on those (1) The Committee on Rules and Adminis- There are authorized to be appropriated for two branches of government, at least tration of the Senate shall select not less fiscal year 2010 and each succeeding fiscal in my judgment, to the exclusion of the than 6 Congressional Clerks each year to year from the applicable accounts of the legislative branch. serve as employees of the Senate for a 1-year House of Representatives and the contingent The way our system works, many period. fund of the Senate such sums as necessary to (2) The Committee on House Administra- outstanding young people who serve carry out the provisions of this Act. clerkships to judges go on to be judges tion of the House of Representatives shall se- The SPEAKER pro tempore. Pursu- lect not less than 6 Congressional Clerks themselves. ant to the rule, the gentleman from each year to serve as employees of the House b 1515 of Representatives for a 1-year period. Pennsylvania (Mr. BRADY) and the gen- (d) SELECTION CRITERIA.—In carrying out tleman from California (Mr. DANIEL E. The idea of the dean of Stanford Law subsection (c), the Selection Committees LUNGREN) each will control 20 minutes. School was that if we had a similar-

VerDate Nov 24 2008 01:18 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.050 H31MRPT1 jbell on PROD1PC69 with HOUSE H4190 CONGRESSIONAL RECORD — HOUSE March 31, 2009 type program in the legislative branch, brightest young lawyers begin their ca- priations Act, 2001 (2 U.S.C. 1903(a)) is perhaps we would have some of those reers in the legislature and so develop amended to read as follows: people who are outstanding members of and can convey to the public an appre- ‘‘(a) CHIEF ADMINISTRATIVE OFFICER.— the legal profession who would go on to ciation of Congress and the legislative ‘‘(1) ESTABLISHMENT.—There shall be with- receive judgeships, but they would process equal to that lawyers have in the Capitol Police an Office of Adminis- have a better understanding of the im- shown for courts and the judicial proc- tration, to be headed by the Chief Adminis- trative Officer, who shall report to and serve portance of the legislative branch. ess.’’ at the pleasure of the Chief of the Capitol Currently, as I said, both the judicial This really isn’t about getting work Police. and executive branches have clerkship out of these bright, young lawyers. It’s ‘‘(2) APPOINTMENT.—The Chief Administra- programs that attract these highly tal- about starting off on the right course tive Officer shall be appointed by the Chief ented law school graduates. Judicial and having the respect for Article I of the Capitol Police, after consultation with clerkships, in particular, offer both that we hope that they will get by the Capitol Police Board, without regard to prestige and practical legal experience working with us here in the Congress. political affiliation and solely on the basis of for such graduates. Should this bill We believe that this bipartisan bill, fitness to perform the duties of the position. ‘‘(3) COMPENSATION.—The annual rate of pass, initially 12 clerks per Congress that will be bicameral, bipartisan, will pay for the Chief Administrative Officer would be selected to serve in the offices make a difference not today, not to- shall be the amount equal to $1,000 less than of various committee chairs and rank- morrow, but 10 years from now, 20 the annual rate of pay in effect for the Chief ing members. It would be on a competi- years from now, 30 years from now, to of the Capitol Police.’’. tive basis. It would be on a bipartisan make sure that Article I is elevated as (2) ADMINISTRATIVE PROVISIONS.—Section basis. It would be on a bicameral basis. it should be. 108 of the Legislative Branch Appropriations Not only would congressional clerks I would urge my colleagues to sup- Act, 2001 (2 U.S.C. 1903) is amended by strik- gain invaluable experience and knowl- port this legislation. Again, I thank ing subsection (c). edge about the legislative process, but the chairman. I thank Congressman (3) CERTIFYING OFFICERS.—Section 107 of the Legislative Branch Appropriations Act, they would then move into other lead- LUNGREN, and I thank the dean of the 2001 (2 U.S.C. 1904) is amended— ership positions, not only with the Stanford Law School, Larry Kramer. (A) in subsection (a), by striking ‘‘the Cap- courts but with the major law firms Mr. DANIEL E. LUNGREN of Cali- itol Police Board’’ and inserting ‘‘the Chief around the country and in other posi- fornia. Mr. Speaker, I urge all Members of the Capitol Police’’; and tions, bringing that understanding of to vote for this, and I would yield back (B) in subsection (b)(1), by striking ‘‘the the workings of Congress to bear on the balance of my time. Capitol Police Board’’ and inserting ‘‘the those careers. Mr. BRADY of Pennsylvania. Mr. Chief of the Capitol Police’’. (4) PERSONNEL ACTIONS OF THE CHIEF OF THE I thank Chairman BRADY for consid- Speaker, I also urge all Members to CAPITOL POLICE.— ering this bill and the expeditious way support this bill, and I yield back the (A) IN GENERAL.—Section 1018(e) of the in which it was handled. I thank the balance of my time. Legislative Branch Appropriations Act, 2003 Speaker for scheduling it so quickly, The SPEAKER pro tempore. The (2 U.S.C. 1907(e)) is amended by striking and I believe that this will truly pro- question is on the motion offered by paragraph (1) and inserting the following: vide an opportunity for some of the the gentleman from Pennsylvania (Mr. ‘‘(1) AUTHORITY.— most gifted, young, legal minds to BRADY) that the House suspend the ‘‘(A) IN GENERAL.—The Chief of the Capitol serve in Congress and, thereby, in- rules and pass the bill, H.R. 151. Police, in carrying out the duties of office, is crease the understanding of its work by The question was taken. authorized to appoint, hire, suspend with or The SPEAKER pro tempore. In the without pay, discipline, discharge, and set the public. the terms, conditions, and privileges of em- I reserve the balance of my time. opinion of the Chair, two-thirds being ployment of employees of the Capitol Police, Mr. BRADY of Pennsylvania. Mr. in the affirmative, the ayes have it. subject to and in accordance with applicable Speaker, I yield as much time as she Mr. BRADY of Pennsylvania. Mr. laws and regulations. may consume to the gentlewoman from Speaker, on that I demand the yeas ‘‘(B) SPECIAL RULE FOR TERMINATIONS.—The California (Ms. ZOE LOFGREN), my col- and nays. Chief may terminate an officer, member, or league. The yeas and nays were ordered. employee only after the Chief has provided Ms. ZOE LOFGREN of California. Mr. The SPEAKER pro tempore. Pursu- notice of the termination to the Capitol Po- Speaker, I would like to thank my col- ant to clause 8 of rule XX and the lice Board (in such manner as the Board may league, fellow attorney, my fellow Cali- Chair’s prior announcement, further from time to time require) and the Board has approved the termination, except that if the fornian, the former attorney general proceedings on this motion will be Board has not disapproved the termination for California, Congressman DAN LUN- postponed. prior to the expiration of the 30-day period GREN, for joining with me in intro- f which begins on the date the Board receives ducing this bill first in the 109th Con- the notice, the Board shall be deemed to CAPITOL POLICE ADMINISTRATIVE gress, then again working to get the have approved the termination. TECHNICAL CORRECTIONS ACT bill on the floor in the 110th, and now, ‘‘(C) NOTICE OR APPROVAL.—The Chief of OF 2009 once again, in the 111th Congress. And the Capitol Police shall provide notice or receive approval, as required by the Com- I am grateful to Chairman BRADY for Mr. BRADY of Pennsylvania. Mr. Speaker, I move to suspend the rules mittee on Rules and Administration of the moving this bill so promptly. I think Senate and the Committee on House Admin- starting this early perhaps we’ll get and pass the bill (H.R. 1299) to make istration of the House of Representatives, as this all the way through the Senate technical corrections to the laws af- each Committee determines appropriate and over to the President and accom- fecting certain administrative authori- for— plish something that’s really quite im- ties of the United States Capitol Po- ‘‘(i) the exercise of any authority under portant for the legislative branch. lice, and for other purposes. subparagraph (A); or As has been mentioned, top law grad- The Clerk read the title of the bill. ‘‘(ii) the establishment of any new position uates in the top law schools in the Na- The text of the bill is as follows: for officers, members, or employees of the Capitol Police, for reclassification of exist- H.R. 1299 tion seek clerkships in the judicial ing positions, for reorganization plans, or for branch and sometimes in the executive Be it enacted by the Senate and House of Rep- hiring, termination, or promotion for offi- branch, but we don’t have that here in resentatives of the United States of America in cers, members, or employees of the Capitol the legislative branch, and he’s right, Congress assembled, Police.’’. we do owe some gratitude to Dean SECTION 1. SHORT TITLE. (B) TECHNICAL AND CONFORMING AMEND- Larry Kramer for proposing this idea. This Act may be cited as the ‘‘Capitol Po- MENTS.— Here’s what Dean Kramer said: ‘‘This lice Administrative Technical Corrections (i) SUSPENSION AUTHORITY.—Section 1823 of bill will serve an important role by Act of 2009’’. the Revised Statutes of the United States (2 educating young lawyers and future SEC. 2. ADMINISTRATIVE AUTHORITIES OF THE U.S.C. 1928) is repealed. CHIEF OF THE CAPITOL POLICE. (ii) PAY OF MEMBERS UNDER SUSPENSION.— leaders of the profession about the leg- (a) CLARIFICATION OF CERTAIN HIRING AU- The proviso in the Act of Mar. 3, 1875 (ch. 129; islative process. It will be enormously THORITIES.— 18 Stat. 345), popularly known as the ‘‘Legis- beneficial for both the profession and (1) CHIEF ADMINISTRATIVE OFFICER.—Sec- lature, Executive, and Judicial Appropria- the public if some of the Nation’s tion 108(a) of the Legislative Branch Appro- tion Act, fiscal year 1876’’, which is codified

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at section 1929 of title 2, United States Code rate of pay in effect for the Chief of the Cap- (B) OVERTIME PAY DISBURSED BY SENATE.— (2000 Editions, Supp. V), is repealed. itol Police. The last full paragraph under the heading (5) CONFORMING APPLICATION OF CONGRES- (4) TECHNICAL AND CONFORMING AMEND- ‘‘Administrative Provisions’’ in the appro- SIONAL ACCOUNTABILITY ACT OF 1995.— MENT.—House Resolution 661, Ninety-fifth priation for the Senate in the Legislative (A) IN GENERAL.—Section 101(9)(D) of the Congress, agreed to July 29, 1977, as enacted Branch Appropriations Act, 1972 (85 Stat. 130) Congressional Accountability Act of 1995 (2 into permanent law by section 111 of the (2 U.S.C. 1925) is repealed. U.S.C. 1301(9)(D)) is amended by striking Legislative Branch Appropriation Act, 1979 (2 (b) OVERTIME COMPENSATION FOR OFFICERS ‘‘the Capitol Police Board,’’ and inserting U.S.C. 1901 note) is repealed. AND EMPLOYEES EXEMPT FROM FAIR LABOR ‘‘the United States Capitol Police,’’. (5) NO EFFECT ON CURRENT GENERAL COUN- STANDARDS ACT OF 1938.— (B) NO EFFECT ON CURRENT PROCEEDINGS.— SEL.—Nothing in this subsection or the (1) CRITERIA UNDER WHICH COMPENSATION Nothing in the amendment made by subpara- amendments made by this subsection may be PERMITTED.—The Chief of the Capitol Police graph (A) may be construed to affect any construed to affect the status of the indi- may provide for the compensation of over- procedure initiated under title IV of the Con- vidual serving as the General Counsel to the time work of exempt individuals which is gressional Accountability Act of 1995 prior to Chief of Police and the United States Capitol performed on or after the date of the enact- the date of the enactment of this Act. Police as of the date of the enactment of this ment of this Act, in the form of additional (6) NO EFFECT ON CURRENT PERSONNEL.— Act. pay or compensatory time off, only if— Nothing in the amendments made by this (b) LEGAL REPRESENTATION AUTHORITY.— (A) the overtime work is carried out in subsection may be construed to affect the (1) IN GENERAL.—Section 1002(a)(2)(A) of connection with special circumstances, as status of any individual serving as an officer the Legislative Branch Appropriations Act, determined by the Chief; or employee of the United States Capitol Po- 2004 (2 U.S.C. 1908(a)(2)(A)) is amended by (B) the Chief has established a monetary lice as of the date of the enactment of this striking ‘‘the General Counsel for the United value for the overtime work performed by Act. States Capitol Police Board and the Chief of such individual; and (b) DEPOSIT OF REIMBURSEMENTS FOR LAW the Capitol Police’’ and inserting ‘‘the Gen- (C) the sum of the total amount of the ENFORCEMENT ASSISTANCE.— eral Counsel to the Chief of Police and the compensation paid to the individual for the (1) IN GENERAL.—Section 2802 of the Supple- United States Capitol Police’’. overtime work (as determined on the basis of mental Appropriations Act, 2001 (2 U.S.C. (2) NO EFFECT ON CURRENT PROCEEDINGS.— the monetary value established under sub- 1905) is amended— Nothing in the amendment made by para- paragraph (B)) and the total regular com- (A) in subsection (a)(1), by striking ‘‘Cap- graph (1) may be construed to affect the au- pensation paid to the individual with respect itol Police Board’’ each place it appears and thority of any individual to enter an appear- to the pay period involved may not exceed an inserting ‘‘United States Capitol Police’’; ance in any proceeding before any court of amount equal to the cap on the aggregate and the United States or of any State or political amount of annual compensation that may be (B) in subsection (a)(2), by striking ‘‘Cap- subdivision thereof which is initiated prior paid to the individual under applicable law itol Police Board’’ and inserting ‘‘Chief of to the date of the enactment of this Act. during the year in which the pay period oc- the United States Capitol Police’’. SEC. 4. EMPLOYMENT COUNSEL TO THE CHIEF curs, as allocated on a per pay period basis (2) EFFECTIVE DATE.—The amendments OF POLICE AND THE UNITED STATES consistent with premium pay regulations of made by paragraph (1) shall take effect as if CAPITOL POLICE. the Capitol Police Board. included in the enactment of the Supple- (a) LEGAL REPRESENTATION AUTHORITY.— (2) EXEMPT INDIVIDUALS DEFINED.—In this mental Appropriations Act, 2001. (1) IN GENERAL.—Section 1002(a)(2)(B) of the subsection, an ‘‘exempt individual’’ is an of- Legislative Branch Appropriations Act, 2004 (c) PRIOR NOTICE TO AUTHORIZING COMMIT- ficer or employee of the United States Cap- (2 U.S.C. 1908(a)(2)(B)) is amended by striking TEES OF DEPLOYMENT OUTSIDE JURISDIC- itol Police— ‘‘the Employment Counsel for the United TION.—Section 1007(a)(1) of the Legislative (A) who is classified under regulations Branch Appropriations Act, 2005 (2 U.S.C. States Capitol Police Board and the United issued pursuant to section 203 of the Con- 1978(a)(1)) is amended by striking ‘‘prior no- States Capitol Police’’ and inserting ‘‘the gressional Accountability Act of 1995 (2 tification to’’ and inserting the following: Employment Counsel to the Chief of Police U.S.C. 1313) as exempt from the application ‘‘prior notification to the Committee on and the United States Capitol Police’’. of the rights and protections established by House Administration of the House of Rep- (2) NO EFFECT ON CURRENT PROCEEDINGS.— subsections (a)(1) and (d) of section 6, section resentatives, the Committee on Rules and Nothing in the amendment made by para- 7, and section 12(c) of the Fair Labor Stand- Administration of the Senate, and’’. graph (1) may be construed to affect the au- ards Act of 1938 (29 U.S.C. 206 (a)(1) and (d), thority of any individual to enter an appear- 207, 212(c)); or (d) ADVANCE PAYMENTS FOR SUBSCRIPTION ance in any proceeding before any court of (B) whose annual rate of pay is not estab- SERVICES.— the United States or of any State or political lished specifically under any law. (1) IN GENERAL.—Section 1002 of the Legis- subdivision thereof which is initiated prior lative Branch Appropriations Act, 2008 (Pub- (3) CONFORMING AMENDMENT.— to the date of the enactment of this Act. lic Law 110–161; 2 U.S.C. 1981) is amended by (A) IN GENERAL.—Section 1009 of the Legis- (b) NO EFFECT ON CURRENT EMPLOYMENT inserting ‘‘the Committee on House Adminis- lative Branch Appropriations Act, 2003 (Pub- COUNSEL.—Nothing in this section or the tration of the House of Representatives, and lic Law 108–7; 117 Stat. 359) is repealed. amendments made by this section may be (B) EFFECTIVE DATE.—The amendment the Committee on Rules and Administration construed to affect the status of the indi- of the Senate’’ after ‘‘the Senate,’’. made by subparagraph (A) shall take effect vidual serving as the Employment Counsel as if included in the enactment of the Legis- (2) EFFECTIVE DATE AND APPLICATION.—The to the Chief of Police and the United States lative Branch Appropriations Act, 2003, ex- amendment made by this subsection shall Capitol Police as of the date of the enact- take effect 30 days after the date of enact- cept that the amendment shall not apply ment of this Act. with respect to any overtime work per- ment of this Act and apply to payments SEC. 5. CLARIFICATION OF AUTHORITIES RE- made on or after that effective date. formed prior to the date of the enactment of GARDING CERTAIN PERSONNEL this Act. SEC. 3. GENERAL COUNSEL TO THE CHIEF OF PO- BENEFITS. SEC. 6. OTHER MISCELLANEOUS TECHNICAL LICE AND THE UNITED STATES CAP- (a) NO LUMP-SUM PAYMENT PERMITTED FOR CORRECTIONS. ITOL POLICE. UNUSED COMPENSATORY TIME.— (a) REPEAL OF OBSOLETE PROCEDURES FOR (a) APPOINTMENT AND SERVICE.— (1) IN GENERAL.—No officer or employee of INITIAL APPOINTMENT OF CHIEF ADMINISTRA- (1) IN GENERAL.—There shall be within the the United States Capitol Police whose serv- TIVE OFFICER.—Section 108 of the Legislative United States Capitol Police the General ice with the United States Capitol Police is Branch Appropriations Act, 2001 (2 U.S.C. Counsel to the Chief of Police and the United terminated may receive any lump-sum pay- 1903) is amended by striking subsections (d) States Capitol Police (in this subsection re- ment with respect to accrued compensatory through (g). ferred to as the ‘‘General Counsel’’). time off, except to the extent permitted (b) REPEAL OF REQUIREMENT THAT OFFICERS (2) APPOINTMENT.—The General Counsel under section 203(c)(4) of the Congressional PURCHASE OWN UNIFORMS.—Section 1825 of shall be appointed by the Chief of the Capitol Accountability Act of 1995 (2 U.S.C. the Revised Statutes of the United States (2 Police in accordance with section 1018(e)(1) 1313(c)(4)). U.S.C. 1943) is repealed. of the Legislative Branch Appropriations (2) REPEAL OF RELATED OBSOLETE PROVI- (c) REPEAL OF REFERENCES TO OFFICERS Act, 2003 (2 U.S.C. 1907(e)(1)) (as amended by SIONS.— AND PRIVATES IN AUTHORITIES RELATING TO section 2(a)(4)), without regard to political (A) OVERTIME PAY DISBURSED BY HOUSE.— HOUSE AND SENATE OFFICE BUILDINGS.— affiliation and solely on the basis of fitness Section 3 of House Resolution 449, Ninety- (1) HOUSE OFFICE BUILDINGS.—The item re- to perform the duties of the position. second Congress, agreed to June 2, 1971, as lating to ‘‘House of Representatives Office (3) COMPENSATION.— enacted into permanent law by chapter IV of Building’’ in the Act entitled ‘‘An Act mak- (A) IN GENERAL.—Subject to subparagraph the Supplemental Appropriations Act, 1972 ing appropriations for sundry civil expenses (B), the annual rate of pay for the General (85 Stat. 636) (2 U.S.C. 1924), together with of the Government for the fiscal year ending Counsel shall be fixed by the Chief of the any other provision of law which relates to June thirtieth, nineteen hundred and eight, Capitol Police. compensatory time for the Capitol Police and for other purposes’’, approved March 4, (B) LIMITATION.—The annual rate of pay for which is codified at section 1924 of title 2, 1907 (34 Stat. 1365; 2 U.S.C. 2001), is amended the General Counsel may not exceed an an- United States Code (2000 Editions, Supp. V), by striking ‘‘other than officers and privates nual rate equal to $1,000 less than the annual is repealed. of the Capitol police’’ each place it appears

VerDate Nov 24 2008 01:18 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.029 H31MRPT1 jbell on PROD1PC69 with HOUSE H4192 CONGRESSIONAL RECORD — HOUSE March 31, 2009 and inserting ‘‘other than the United States their remarks and include extraneous the gentleman from Pennsylvania (Mr. Capitol Police’’. matter on the bill now under consider- BRADY) that the House suspend the (2) SENATE OFFICE BUILDINGS.—The item re- ation. rules and pass the bill, H.R. 1299. lating to ‘‘Senate Office Building’’ in the The SPEAKER pro tempore. Is there The question was taken. Legislative Branch Appropriation Act, 1943 (56 Stat. 343; 2 U.S.C. 2023) is amended by objection to the request of the gen- The SPEAKER pro tempore. In the striking ‘‘other than for officers and privates tleman from Pennsylvania? opinion of the Chair, two-thirds being of the Capitol Police’’ each place it appears There was no objection. in the affirmative, the ayes have it. and inserting ‘‘other than for the United Mr. BRADY of Pennsylvania. Mr. Mr. BRADY of Pennsylvania. Mr. States Capitol Police’’. Speaker, I yield myself as much time Speaker, on that I demand the yeas (d) CLARIFICATION OF APPLICABILITY OF U.S. as I may consume. and nays. CAPITOL POLICE AND LIBRARY OF CONGRESS I am pleased to present the Capitol The yeas and nays were ordered. POLICE MERGER IMPLEMENTATION ACT OF Police Administrative Technical Cor- The SPEAKER pro tempore. Pursu- 2007.— ant to clause 8 of rule XX and the (1) REPEAL OF DUPLICATE PROVISIONS.—Ef- rections Act of 2009. fective as if included in the enactment of the As its title suggests, H.R. 1299 is not Chair’s prior announcement, further Legislative Branch Appropriations Act, 2008 intended to make substantive policy proceedings on this motion will be (Public Law 110–161), section 1004 of such Act changes for the Capitol Police. It cor- postponed. is repealed, and any provision of law amend- rects drafting errors, modernizes out- f ed or repealed by such section is restored or dated terms, and repeals redundant and DISMISSING THE ELECTION CON- revived to read as if such section had not inconsistent provisions already on the TEST RELATING TO THE OFFICE been enacted into law. books. My favorite correction is the (2) NO EFFECT ON OTHER ACT.—Nothing in OF REPRESENTATIVE FROM THE long overdue repeal of the 1868 law re- paragraph (1) may be construed to prevent FIRST CONGRESSIONAL DIS- quiring Capitol Police officers to buy the enactment or implementation of any TRICT OF HAWAII provision of the U.S. Capitol Police and Li- their own uniforms. Congress decided brary of Congress Police Merger Implemen- years ago to provide the uniforms but Mr. BRADY of Pennsylvania, from tation Act of 2007 (Public Law 110–178), in- has never repealed the 1868 law. the Committee on House Administra- cluding any provision of such Act that Chief Phillip Morse requested most of tion, submitted a privileged report amends or repeals a provision of law which is these corrections; the committee found (Rept. No. 111–68) on the resolution (H. restored or revived pursuant to paragraph others. The bill has the support of Res. 303) dismissing the election con- (1). test relating to the office of Represent- (e) AUTHORITY OF CHIEF OF POLICE.— Chief Morse and our House Sergeant- (1) REPEAL OF CERTAIN PROVISIONS CODIFIED at-Arms Wilson Livingood. The House ative from the First Congressional Dis- IN TITLE 2, UNITED STATES CODE.—The provi- passed a similar bill last fall, which trict of Hawaii, which was referred to sions appearing in the first paragraph under failed to pass the Senate before final the House Calendar and ordered to be the heading ‘‘Capitol Police’’ in the Act of adjournment. printed. April 28, 1902 (ch. 594; 32 Stat. 124), and the It was a pleasure to work with the Mr. BRADY of Pennsylvania. Mr. provisions appearing in the first paragraph gentleman from California (Mr. DANIEL Speaker, I call up House Resolution 303 under the heading ‘‘Capitol Police’’ in title I E. LUNGREN) and his staff on this meas- and ask unanimous consent for its im- of the Legislative and Judiciary Appropria- mediate consideration in the House. tion Act, 1944 (ch. 173; 57 Stat. 230), insofar as ure, and I urge an ‘‘aye’’ vote. all of those provisions are related to the sen- I reserve the balance of my time. The Clerk read the title of the resolu- tence ‘‘The captain and lieutenants shall be Mr. DANIEL E. LUNGREN of Cali- tion. selected jointly by the Sergeant at Arms of fornia. Mr. Speaker, I yield myself such The SPEAKER pro tempore. Is there the Senate and the Sergeant at Arms of the time as I may consume. objection to the request of the gen- House of Representatives; and one-half of the Mr. Speaker, I rise today in support tleman from Pennsylvania? privates shall be selected by the Sergeant at of H.R. 1299, known as the United There was no objection. Arms of the Senate and one-half by the Ser- States Capitol Police Technical Correc- The text of the resolution is as fol- geant at Arms of the House of Representa- lows: tives.’’, which appears in 2 U.S.C. 1901 (2000 tions Act. H. RES. 303 Edition, Supp. V), are repealed. I am pleased to join Chairman BRADY (2) RESTORATION OF REPEALED PROVISION.— in sponsoring this bill, which will cre- Resolved, That the election contest relating Section 1018(h)(1) of the Legislative Branch ate a stronger operational framework to the office of Representative from the First Appropriations Act, 2003 (Public Law 108–7, for the police, allowing them to better Congressional District of Hawaii is dis- div. H, title I, 117 Stat. 368) is repealed, and accomplish their mission by providing missed. the sentence ‘‘The Capitol Police shall be much-needed clarity and eliminating The resolution was agreed to. headed by a Chief who shall be appointed by unnecessary or conflicting provisions A motion to reconsider was laid on the Capitol Police Board and shall serve at of existing law. the table. the pleasure of the Board.’’, which was repealed by such section, is restored to appear The technical corrections in this bill f at the end of section 1821 of the Revised provide the chief of the Capitol Police ELECTING MEMBERS TO THE Statutes of the United States (2 U.S.C. 1901). with the appropriate authority and re- JOINT COMMITTEE ON PRINTING (3) CONFORMING AMENDMENT.—The first sen- sponsibility related to his role as head AND THE JOINT COMMITTEE OF tence of section 1821 of the Revised Statutes of the agency. This bill also clarifies CONGRESS ON THE LIBRARY of the United States (2 U.S.C. 1901) is amend- important reporting and notification ed by striking ‘‘, the members of which shall processes for personnel, administra- Mr. BRADY of Pennsylvania. Mr. be appointed by the Sergeants-at-Arms of tive, and operational actions. Speaker, I send a resolution to the the two Houses and the Architect of the Cap- desk and ask unanimous consent for its itol Extension’’. So I am pleased that the chairman has taken up this issue. I am confident immediate consideration in the House. (4) EFFECTIVE DATE.—The amendments The Clerk read the title of the resolu- made by this subsection shall take effect as that the work of the full committee, in if included in the enactment of the Legisla- addition to that of the Subcommittee tion. tive Branch Appropriations Act, 2003. on Capitol Security, will create a The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Pursu- stronger law enforcement organization objection to the request of the gen- ant to the rule, the gentleman from and, therefore, a safer and more secure tleman from Pennsylvania? There was no objection. Pennsylvania (Mr. BRADY) and the gen- Capitol complex. The text of the resolution is as fol- tleman from California (Mr. DANIEL E. I would urge that all Members sup- lows: LUNGREN) each will control 20 minutes. port this bill. The Chair recognizes the gentleman Mr. Speaker, I yield back the balance H. RES. 304 from Pennsylvania. of my time. Resolved, GENERAL LEAVE Mr. BRADY of Pennsylvania. Mr. SECTION 1. ELECTION OF MEMBERS TO JOINT Speaker, I urge an ‘‘aye’’ vote, and I COMMITTEE ON PRINTING AND Mr. BRADY of Pennsylvania. Mr. JOINT COMMITTEE OF CONGRESS Speaker, I ask unanimous consent that yield back the balance of my time. ON THE LIBRARY. all Members may have 5 legislative The SPEAKER pro tempore. The (a) JOINT COMMITTEE ON PRINTING.—The days in which to revise and extend question is on the motion offered by following Members are hereby elected to the

VerDate Nov 24 2008 01:18 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.029 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4193 Joint Committee on Printing, to serve with (b) COMMITTEES AND AMOUNTS.—The commit- The Chair recognizes the gentleman the chair of the Committee on House Admin- tees and amounts referred to in subsection (a) from Pennsylvania. istration: are: Committee on Agriculture, $6,316,330; Com- GENERAL LEAVE (1) Mr. Capuano. mittee on Armed Services, $7,769,820; Committee (2) Mrs. Davis of California. on the Budget, $6,350,721; Committee on Edu- Mr. BRADY of Pennsylvania. Mr. (3) Mr. Daniel E. Lungren of California. cation and Labor, $8,617,490; Committee on En- Speaker, I ask unanimous consent that (4) Mr. McCarthy of California. ergy and Commerce, $11,569,181; Select Com- all Members may have 5 legislative (b) JOINT COMMITTEE OF CONGRESS ON THE mittee on Energy Independence and Global days to revise and extend their re- LIBRARY.—The following Members are here- Warming, $2,096,900; Committee on Financial marks on House Resolution 279. by elected to the Joint Committee of Con- Services, $8,982,361; Committee on Foreign Af- The SPEAKER pro tempore. Is there gress on the Library, to serve with the chair fairs, $9,243,406; Committee on Homeland Secu- objection to the request of the gen- rity, $8,718,127; Committee on House Administra- of the Committee on House Administration: tleman from Pennsylvania? (1) Ms. Zoe Lofgren of California. tion, $5,428,881; Permanent Select Committee on (2) Mr. Daniel E. Lungren of California. Intelligence, $5,387,500; Committee on the Judici- There was no objection. (3) Mr. Harper. ary, $9,238,436; Committee on Natural Resources, Mr. BRADY of Pennsylvania. Mr. Speaker, I yield myself as much time The resolution was agreed to. $8,125,517; Committee on Oversight and Govern- ment Reform, $10,957,956; Committee on Rules, as I may consume. A motion to reconsider was laid on $3,538,663; Committee on Science and Tech- House Resolution 279 is the primary the table. nology, $6,890,114; Committee on Small Business, expense resolution to fund the standing f $3,548,839; Committee on Standards of Official and select committees of the House for Conduct, $2,735,247; Committee on Transpor- the 111th Congress. PROVIDING FOR EXPENSES OF tation and Infrastructure, $10,237,447; Com- CERTAIN COMMITTEES OF mittee on Veterans’ Affairs, $3,761,006; and Every 2 years, Congress must decide HOUSE OF REPRESENTATIVES IN Committee on Ways and Means, $10,119,889. how much money its committees will 111TH CONGRESS SEC. 3. SECOND SESSION LIMITATIONS. spend. The Committee on House Ad- Mr. BRADY of Pennsylvania. Mr. (a) IN GENERAL.—Of the amount provided for ministration holds hearings on the Speaker, pursuant to House Resolution in section 1 for each committee named in sub- needs of the committees for the entire section (b), not more than the amount specified Congress. We then write a resolution to 294, I call up House Resolution 279 and in such subsection shall be available for ex- ask for its immediate consideration in authorize funding for those commit- penses incurred during the period beginning at tees. During our hearings on February the House. noon on January 3, 2010, and ending imme- The Clerk read the title of the resolu- diately before noon on January 3, 2011. 11 and 25, we heard from all the chair- tion. (b) COMMITTEES AND AMOUNTS.—The commit- men and most of the ranking members The SPEAKER pro tempore. Pursu- tees and amounts referred to in subsection (a) from other committees. ant to House Resolution 294, the are: Committee on Agriculture, $6,562,667; Com- Let me describe what we have done mittee on Armed Services, $8,072,843; Committee with this amendment to the funding amendment in the nature of a sub- on the Budget, $6,350,721; Committee on Edu- stitute printed in the resolution is resolution. Over the last Congress, the cation and Labor, $8,953,572; Committee on En- committees of the House conducted far adopted and the resolution, as amend- ergy and Commerce, $12,020,379; Select Com- ed, is considered read. mittee on Energy Independence and Global more hearings and did far more work The text of the resolution, as amend- Warming, $2,070,600; Committee on Financial than in recent years. They did all this ed, is as follows: Services, $9,332,673; Committee on Foreign Af- without an increase in funding. Last Congress we were not even able to keep H. RES. 279 fairs, $9,603,899; Committee on Homeland Secu- rity, $9,058,134; Committee on House Administra- up with inflation. All of the commit- Resolved, tion, $5,640,608; Permanent Select Committee on tees have been struggling to operate on SECTION 1. COMMITTEE EXPENSES FOR THE ONE Intelligence, $5,462,500; Committee on the Judici- HUNDRED ELEVENTH CONGRESS. limited funds, and they have even more ary, $9,598,735; Committee on Natural Resources, work to do in this Congress because of (a) IN GENERAL.—With respect to the One $8,442,412; Committee on Oversight and Govern- Hundred Eleventh Congress, there shall be paid ment Reform, $11,385,317; Committee on Rules, the challenges of our economic situa- out of the applicable accounts of the House of $3,602,358; Committee on Science and Tech- tion and other legislative priorities. Representatives, in accordance with this pri- nology, $7,158,828; Committee on Small Business, At the same time, we know that the mary expense resolution, not more than the $3,687,243; Committee on Standards of Official economic status of the Nation means amount specified in subsection (b) for the ex- Conduct, $2,841,922; Committee on Transpor- that we must do more with less. So we penses (including the expenses of all staff sala- tation and Infrastructure, $10,636,707; Com- are not going to be able to give the ries) of each committee named in such sub- mittee on Veterans’ Affairs, $3,907,685; and committees all the funds they have re- section. Committee on Ways and Means, $10,514,565. OMMITTEES AND AMOUNTS.—The commit- quested, the amounts stated in the res- (b) C (c) REVIEW OF USE OF FUNDS IN FIRST SES- olution as introduced. tees and amounts referred to in subsection (a) SION.—None of the amounts provided for in sec- are: Committee on Agriculture, $12,878,997; Com- tion 1 for a committee named in subsection (b) In general, this substitute gives each mittee on Armed Services, $15,842,663; Committee may be available for expenses of the committee committee for 2009 the lower of either on the Budget, $12,701,442; Committee on Edu- after February 3, 2010, unless the chair or rank- the amount they requested, or an in- cation and Labor, $17,571,062; Committee on En- ing minority member of the committee appears crease of 4.78 percent over their fund- ergy and Commerce, $23,589,560; Select Com- and presents testimony at a hearing of the Com- ing in 2008. That percent equals the mittee on Energy Independence and Global mittee on House Administration held prior to cost-of-living increase for Federal em- Warming, $4,167,500; Committee on Financial such date to review the committee’s use of the Services, $18,315,034; Committee on Foreign Af- ployees in D.C. for 2009. amounts provided for in section 1 during the There are a few exceptions in this fairs, $18,847,305; Committee on Homeland Secu- first session of the One Hundred Eleventh Con- rity, $17,776,261; Committee on House Adminis- gress and to determine whether the amount substitute. First, we have provided ad- tration, $11,069,489; Permanent Select Committee specified in subsection (b) with respect to the ditional funds to the Judiciary Com- on Intelligence, $10,850,000; Committee on the committee should be updated on the basis of the mittee to undertake its mandated in- Judiciary, $18,837,171; Committee on Natural Re- review. quiry into judicial impeachment, sources, $16,567,929; Committee on Oversight and SEC. 4. VOUCHERS. which is not an ordinary cost of that Government Reform, $22,343,273; Committee on Payments under this resolution shall be made Rules, $7,141,021; Committee on Science and committee. Next, the Energy and Com- on vouchers authorized by the committee in- merce Committee, the Financial Serv- Technology, $14,048,942; Committee on Small volved, signed by the chairman of such com- Business, $7,236,082; Committee on Standards of ices Committee, and the Small Busi- mittee, and approved in the manner directed by ness Committee have each undertaken Official Conduct, $5,577,169; Committee on the Committee on House Administration. Transportation and Infrastructure, $20,874,154; SEC. 5. REGULATIONS. extra responsibilities this Congress. Committee on Veterans’ Affairs, $7,668,691; and Amounts made available under this resolution These three committees have special Committee on Ways and Means, $20,634,454. shall be expended in accordance with regula- legislative duties to deal with our fi- SEC. 2. FIRST SESSION LIMITATIONS. tions prescribed by the Committee on House Ad- nancial situation, our health care, and (a) IN GENERAL.—Of the amount provided for ministration. our energy policy. in section 1 for each committee named in sub- The Committee on Standards of Offi- section (b), not more than the amount specified The SPEAKER pro tempore. The gen- in such subsection shall be available for ex- tleman from Pennsylvania (Mr. BRADY) cial Conduct will receive additional penses incurred during the period beginning at and the gentleman from California (Mr. money as well, reflecting their request noon on January 3, 2009, and ending imme- DANIEL E. LUNGREN) each will control and our commitment to ethics over- diately before noon on January 3, 2010. 30 minutes. sight.

VerDate Nov 24 2008 02:05 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.031 H31MRPT1 jbell on PROD1PC69 with HOUSE H4194 CONGRESSIONAL RECORD — HOUSE March 31, 2009 Finally, we have not increased fund- posed amendment to have the chairs committees one-by-one. Luckily, my ing over 2008 for the Oversight and and ranking members of all commit- staff has printed it large enough so Government Reform Committee. That tees appear before our committee after that I can read it now. When I was here committee had substantial funds left the first session to provide an update 25 years ago, I did not need this large over in 2008. In addition, we have al- regarding the funding requests and op- print. I was able to use smaller notes. ready expanded the oversight work of erations of each respective committee. That just shows the progress that we all committees in this Congress by One of the things that we should un- have made, Mr. Speaker. amending the House rules in H. Res. 40. derstand is that the rules that we’ve I would thank the chairman for When you add it all up, this keeps adopted for the operation of the House working with me to advance this fund- the total committee funding for 2009 at in this Congress require that all au- ing process. I would say that we just 4.78 percent over the total funding thorizing committees take the respon- brought this forward in as expeditious from 2008. sibility to provide the vital oversight a fashion as we were able to. I reserve the balance of my time. b 1530 for those operations of the executive branch that are under their jurisdic- Mr. BRADY of Pennsylvania. I’d like In 2010, the committees will receive tion. I believe that we have made to just tell my dear friend from Cali- an across-the-board increase of 3.9 per- progress on that. fornia that I don’t need glasses either. cent which, in our estimation, an infla- The majority has worked with us to I just need longer arms. tionary increase is needed to keep move towards the goal of making I’d like to recognize for such time as staffs paid in the coming year. monthly committee reports available she may consume the chairwoman of I reserve the balance of my time. online. These reports are already re- the Standards of Official Conduct Com- Mr. DANIEL E. LUNGREN of Cali- quired, but we will get them in a time- mittee, the gentlelady from California fornia. Mr. Speaker, I yield myself such ly fashion. We will establish a template (Ms. ZOE LOFGREN). time as I may consume. so that those committees will report Ms. ZOE LOFGREN of California. Mr. Speaker, I rise in support of and then we will move to make those Thank you, Chairman BRADY, for yield- House Resolution 279. It does provide available online so that we can in fact ing. As vice chair of the Committee on funding for committees for the 111th in the House of Representatives move House Administration, as well as chair Congress so that we might do the work further to transparency, as we are re- of the Committee on Standards of Offi- that we’re constitutionally required to quiring transparency in the executive cial Conduct, I find myself in kind of a do. branch. unique position of dealing with this I’d like to begin by thanking Chair- The public can take a look at our funding resolution both as a member of man BRADY and his staff for truly en- work. It’s all out there for them to see. House Administration, where we heard gaging in a collaborative process as we They can see the work that we’re the testimony of every chair and rank- work towards our common goal of pro- doing. They can see the oversight that ing member, read the budgets of every viding adequate and appropriate fund- we’re providing. They can see, most single committee, but also as chair of ing for committees. It is my belief the importantly, how their dollars are the Committee on Standards, I, along legislation before us today does allow being spent in this, their House of Rep- with the ranking member, Congress- the Congress—the House—to carry out resentatives. man BONNER, gave testimony and made both its legislative and oversight func- In addition to determining appro- a budget request. tions while balancing those needs with priate funding levels and ensuring that So I am pleased to note that the com- the responsibility placed on us by the transparency in committee operations, mittee funding resolution today is not American people to spend their tax dol- one of my chief concerns during the just about how much money a com- lars wisely. committee funding process was that mittee receives, it’s about resources During these difficult economic the precedent of allocating one-third of necessary to meet and fulfill duties and times we have a shared interest in each committee’s resources to the mi- obligations. making sure we’re frugal and wise nority party was upheld. Now when it comes to the so-called stewards of the taxpayers’ dollars. When Republicans assumed the ma- Ethics Committee, obviously, we However, this commitment to tighten jority in 1995, we started what has been know—and this is bipartisan—we have our collective fiscal belts cannot come an ongoing tradition of ensuring the a very strong responsibility to ensure at the expense of our constitutionally minority party receives at least one- that the House adheres to and upholds mandated role of providing oversight third of the committees resources, an the highest standards of ethics. over the Federal coffers. amount I believe necessary to carry To that end, the Ethics Committee There’s one complaint I’ve had about out the minority’s responsibilities as annually produces thousands of written the Congress when I served here be- the party of ‘‘loyal opposition.’’ advisory opinions and informal opin- fore—some two decades ago—and while I’m therefore pleased, Mr. Speaker, ions; it educates Members and staff and I was gone and when I first returned, that Chairman BRADY has not only other employees of the House; it re- was that I think there was not the honored this commitment, but has views annual financial disclosure fil- commitment to oversight that was nec- made very strong statements in the ings; and, when necessary, conducts in- essary on both sides of the Congress committee, on the RECORD, that he will vestigations into possible violations of and both sides of the aisle. I think be diligent to address any complaints the House rules. there are many that have done a good raised by ranking minority members in In the last Congress, the House great- job, but we can always do better. this regard. For that, I thank him. I ly expanded the duties and responsibil- As we have seen recently with the re- think this sets an excellent precedent ities of the Ethics Committee. It has ports of questionable uses of TARP for the future for all of us. required that the committee conduct funds, the potential for waste, fraud, I believe that both sides have worked mandatory annual ethics training for and abuse is real, requiring us to be well to improve this committee fund- every officer and employee of the ever vigilant in performing effective ing process. As the chairman has said, House. That means we must train oversight and making sure that that’s there were just a couple of exceptions roughly 10,000 employees each year. done in a timely fashion. where we did not grant the request The House also requires that the Just as these committees have a re- made by the chairmen and ranking committee review all staff and Member sponsibility to conduct effective over- members for the increases as they travel requests that are privately fund- sight over the matters under their ju- came forward. We did give increases, ed, which I can tell you is a volumi- risdiction, the House Administration but not in the numbers they talked nous task. In addition, the House voted Committee must ensure that expenses about. to establish the Office of Congressional of the House are being used in a man- When I look over the numbers, it Ethics, which we expect will increase ner that prevents waste, fraud, and looks to me like we cut in half the re- our workload. abuse as well. quests for increases that were asked As you can see, the committee’s So I was extremely pleased that our for. I happen to think that that is a mandate has grown significantly. The committee’s majority adopted our pro- good thing here. We can go through the resolution before us does provide some

VerDate Nov 24 2008 01:18 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.058 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4195 additional funding for additional staff Now when I came with Chairman rise to respond to some of the things and for the adoption of new tech- TOWNS before the committee, Chair- that have been said about Oversight nologies to allow us to fulfill our ex- man TOWNS made the request for the and Government Reform. First of all, I panded mandates. dollars. I didn’t. Although I felt his re- want to make it very clear I think they I very much support the resolution, quest was modest and reasonable. I do a great job. I think they’ve done a not only for the Ethics Committee, but added while I was there the request for great job for years, even though, in my for the other committees. This is a 30 more slots. Not more money, but opinion, for a long time with the Bush tight budget. It’s not everything that more personnel. Because I was con- administration there was virtually no everyone wanted, but these are tough fident that America’s volunteerism oversight of any significant nature times as well. would include people wanting to come whatsoever, which is, I think, one of I think the chairman and the ranking to our committees for just a stipend if the reasons we are in some of the prob- member have done a marvelous job. I, we could give them a slot—an author- lems we’re in now economically. for one, would like to thank them for ized-to-work-here position—and that b 1545 listening to the plea of the Ethics Com- we would find people within a limited Be that as it may, people have to un- mittee and our increased responsibil- budget. We’d be able to work within derstand that, first of all, there is a ities. the small increase that Chairman Mr. DANIEL E. LUNGREN of Cali- limited amount of money. We are all TOWNS asked for. trying to cut ends here and there. And fornia. At this time, I yield 5 minutes We didn’t get those additional slots. in this particular case, this particular to the gentleman from California (Mr. And, notably, we are the only com- committee is still the second largest ISSA). mittee I can find that effectively asked Mr. ISSA. There’s no words that can funded committee in Congress at al- for more and didn’t get it. express how disappointed I was to see most, I think, $11 million or $12 mil- I’m sad to see that, because I think it that the notable bottom of the funding lion, if I remember correctly. And that is in fact an accountability of Speaker once again went to Government Over- is fine. PELOSI for not keeping President sight and Reform. On top of that, the committee turned When Republicans took over the Con- Obama’s promise and commitment to back several hundred thousand dollars gress in 1994, they dramatically re- the American people. last year for reasons that are up to duced the size of Government Over- I appreciate the chairman of this them, I assume it is sufficiency, but it sight. The following Congress, they did committee doing what he can within just says that the budget should be suf- a 48 percent increase, which essentially the funds, but I realize he does not ficient. put it back close to where it was. But make the actual decision. He clearly The most important thing that I not quite. After that time, increases couldn’t be making this decision unless want to comment on is the suggestion under Republicans have been paltry—in he made a decision that oversight was that somehow if this money isn’t some cases, negative. not important. And I don’t believe he given, if the gun to our head is not an- President Obama told us it was going did. swered appropriately, then oversight to be different, Speaker PELOSI told us So someone, somewhere in this Con- won’t happen in this term. Well, that is it was going to be different. They both gress has decided that oversight is in patently ludicrous. And it is, because said oversight was important. fact not important. That account- very simply the Speaker of the House, Now I come from a manufacturing ability of this bureaucracy—not of this Ms. PELOSI, has specifically asked each background, and I understand what President, as some would have you be- and every one of the 20 standing com- quality control is. Quality control is lieve—but of the bureaucracy that we, mittees to do more oversight on their not in fact asking the worker if they the Congress, have created and main- own. Every one of those committees, to did a good job. It’s somebody independ- tained and fund at $3.8 trillion, and my knowledge, has submitted detailed ently checking, and when they find growing, is in fact what we’re charged plans on what they plan on doing this mistakes, failures, imperfections, de- to do. year. I myself am on three of those sign flaws, pointing them out and giv- The very idea that chairmen of other committees, and I can tell you from ing those on the line the opportunity committees will in fact do their legis- personal experience all of those com- to repair or to change in a way that lation and then check their legislation mittees are already doing more over- gives real quality. flies in the face of experience. It takes sight this term than they have done in There’s only one committee in the a second set of eyes and a second set of the past. Congress that has that task. It’s not hands that have no prejudice toward Now, I understand that if there was Energy and Commerce—the most-fund- the original creation of the law. no other oversight going on, I would be ed committee; it’s not Financial Serv- Mr. Speaker, in closing, I would re- up here advocating the exact same ices—one of the other most-funded mind people that Oversight has no fun- thing. But if you have got 20 other committees. It’s not even the Rules damental jurisdiction that is by any committees stepping up to the plate, Committee. It is in fact Government means broad. We don’t. We take care of doing more work—and I do disagree Oversight and Reform. the post offices and we oversee Federal strongly that those committees some- With over 3,200 GAO individuals and workers. What we do is research into how aren’t capable of overseeing the hundreds of millions of dollars being waste, fraud, and abuse in the Federal administration, because that is effec- spent there; with $800 billion in the Government. tively what we do. We are not over- stimulus package and one IG with a We are highly limited by the lack of seeing Congress, that is what the Eth- $450 million budget; with a $7 billion, personnel and the lack of dollars to do ics Committee does, we are overseeing and soon to be more, TARP, with vir- it over a $3-plus trillion market and the administration. And to suggest tually no rules and real questions countless billions of dollars that have that Members of Congress somehow about how much has already been lost, already been wasted under the last ad- can’t read the laws that they are re- the very idea that, after President ministration and continue to be wasted quired to write and read and enforce, I Obama includes in his inaugural ad- under this administration. find that a little bit insulting and a lit- dress oversight, accountability, to I join with Chairman TOWNS in be- tle bit difficult to believe. defund that committee effectively by lieving that you could have done bet- Of course, the Financial Services flatlining once again—something that, ter, you should have done better. It’s Committee is the best committee to I must admit, I can see the record, and not too late. Please consider doing bet- oversee financial services matters. it’s been done under both types of ad- ter. They understand the issues. They ask ministrations, under both Congresses— Mr. BRADY of Pennsylvania. I yield the right questions. They know the clearly makes the statement that is such time as he may consume to a col- right people to talk to. the antithesis of what was claimed. league on the Committee of House Ad- I understand and accept and appre- There will be not be transparency in ministration, the gentleman from Mas- ciate the fact that Oversight and Gov- the Obama administration if in fact sachusetts (Mr. CAPUANO). ernment Reform fills in the holes and Government Oversight isn’t properly Mr. CAPUANO. Thank you, Mr. does oversight of some of that over- funded to do its job. Chairman, for yielding. Mr. Speaker, I sight. I appreciate that, and I agree.

VerDate Nov 24 2008 01:18 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.060 H31MRPT1 jbell on PROD1PC69 with HOUSE H4196 CONGRESSIONAL RECORD — HOUSE March 31, 2009 That is why they still have the second Committee, Ms. VELA´ ZQUEZ, for such lution will mean that we will have the largest funding of all the committees; time as she may consume. ability to help as many entrepreneurs otherwise, we wouldn’t need them at Ms. VELA´ ZQUEZ. I thank the gen- as possible. I am confident that, given all. We could just get rid of them. I tleman for yielding. the right tools, these same entre- don’t think we should. I think they Mr. Speaker, I rise in support of this preneurs will once again lead our Na- have a valuable part to play. resolution. tion’s recovery, creating opportunity I think the Speaker has an important Today, the House is considering a in the face of adversity. and thoughtful and rightful approach resolution that many consider to be For that reason, I urge a ‘‘yes’’ vote. to have everybody in Congress partici- routine business with little effect out- Mr. DANIEL E. LUNGREN of Cali- pate in oversight. I think that is the side of this Chamber. However, I be- fornia. Mr. Speaker, I yield myself such appropriate way to go. lieve this resolution will provide Con- time as I may consume. This particular authorization bill gress with the resources we need to do Mr. Speaker, I have spoken in sup- recognizes that, accepts that, and sug- the people’s work. port of this resolution, and I continue gests that not just a few Members of As we get to work, our main concerns to do so. Congress can do oversight, but that need to be creating jobs and turning I would just say with respect to the every Member of Congress is respon- the economy around. An important statements made about the Small Busi- sible for some degree of oversight. That component of this will be meeting the ness Committee, it received the single is why there will be over 200 additional needs of small businesses so they can largest increase of all the committees hearings this year by various commit- stay afloat, grow, and contribute to of the House of Representatives. tees. Again, the committees I am on economic recovery. I might say we actually managed for have already had some that have never In good times, as well as bad, small the Budget Committee to come in with had them before. I think the Speaker’s businesses are the backbone of our no increase whatsoever. We had the In- approach is correct, and I think in the economy. They create 60 to 80 percent telligence Committee come in with a long run it will prove that every Mem- of all new jobs. During economic 1.5 percent increase below inflation. ber of Congress has a role to play, and downturns, like the one we are in now, I remember when we asked them why every Member of Congress will partici- they are even more important. Small they were coming in for such a small pate, rightfully. firms generate the innovative ideas and request, they said: Well, we had to in- And, I believe that the Committee on new services that spur job growth. For crease some of our things last year. We Oversight and Government Reform, example, following the recession of the were moving into a new SCIF, we had number one, will continue to do a good mid-1990s, small firms created 3.8 mil- a new meeting place, we had to have job, will continue to fill in the holes lion new jobs. During economic new computers. But we made those ex- that the other committees can’t do, do downswings, many Americans venture penditures last year; we don’t need the broader oversight that they have out and start their own small busi- them this year. It was refreshing to ac- been so good at; and, I think in the nesses. For instance, in the 1990s, 25 tually hear that sort of thing. And final analysis the taxpayers will get percent of laid-off managers over the there is no indication that, by virtue of more bang for their dollar, and I think age of 40 went on to start their own the fact that we are giving them but a they will be better served. firms. 1.5 percent increase, that we are trying I yield back the balance of my time. This kind of determination is the to short them in any way, form, or Mr. DANIEL E. LUNGREN of Cali- hallmark of the American entrepre- fashion. fornia. Mr. Speaker, I yield 1 minute to neurial spirit. It has led us out of pre- The Rules Committee also came in the gentleman from California (Mr. vious recessions, and it will lead us out below 2 percent. And, again, they ISSA). of this one as well. However, for that to talked about the fact that they were Mr. ISSA. There was one thing in the happen, we need to make the needs of trying to keep themselves within those previous statement that I have to take our small businesses a priority. limits. some umbrage over. I only know about The resolution that we are voting on I would just say, however, with re- the minority of Government Reform. today will provide Congress the respect to some things that have been We returned $32,000, slightly less. sources to undertake important work said on the floor, I just wish that in the Now, we returned it not because we on behalf of small businesses. One of stimulus package we passed it would couldn’t use it, but because every com- our first steps needs to be unfreezing have had as much in it for small busi- mittee has the reality that you can’t the credit market so small firms can ness as we have for the Small Business spend the last penny. Also, because you access the capital they need to expand, Committee in this particular resolu- are not allowed to go over. So the fact grow, and create jobs. We must also en- tion relative to other things. I think is we fully spent ours. sure small businesses receive invest- we could have done far better than I don’t know if that $700,000 statements that allow them to remain tech- that, and particularly with the tax ment that is made includes our $32,000 nological pioneers. Startup entre- consequences of the President’s pro- or not. I don’t even know if it is accu- preneurs often produce the new ideas posal. rate. My understanding is that number that spark job growth and can even Mr. Speaker, because of some of the can’t even be asserted, really, yet, be- launch a whole new industry. questions brought up by Mr. ISSA and cause in fact there is still spending Small firms will also play a key role others, we and our committee fought going on. in rebuilding our Nation’s infrastruc- and we brought this up on our side of I would hope that the committee ture. The Economic Recovery Act that the aisle, it was supported by the would make available the returns of all was enacted earlier this year will mean chairman, that we would try and in- the other committees, because I rather an explosion of new public work crease the transparency of the commit- doubt that Chairman WAXMAN failed to projects. Small businesses are well po- tees of jurisdiction so that in fact peo- use his money. I can tell you that sitioned to do this work, but only if we ple could make judgments as to wheth- Ranking Member TOM DAVIS would ensure that they can compete for their er they were carrying out the oversight have loved to have been able to do fair share of these new contracts. function, and we do it in two ways. Let more investigation, more independent Finally, a host of kitchen table me just underscore that. work than we already did. issues very directly affect small busi- One is, there is already an existing In closing, I would just mention that ness owners. As our Nation takes up requirement that every committee re- we have added in the last two Con- matters like tax policy, health care, port on a monthly basis as to what gresses over $4 million just for global and energy, the needs of entrepreneurs they are doing. If you look at those re- warming, the junket committee. We must be part of the discussion. ports now, sometimes they are kind of clearly have enough money. I ask you Mr. Speaker, since this economic difficult to decipher. So trying to make to reconsider. downturn started, our committee has it much more clear for both the com- Mr. BRADY of Pennsylvania. I recog- heard from a flood of small businesses mittee and the public, we are working nize the gentlelady from New York, the calling for assistance to help them on a template so that information can chairwoman of the Small Business weather the current storm. This reso- be presented and easily accessible. We

VerDate Nov 24 2008 05:00 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.062 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4197 also are working then to put that on I would like to thank my ranking Castor (FL) Jackson-Lee Pitts the committee Web site so that people Chandler (TX) Polis (CO) member, my friend from California, for Childers Johnson (GA) Pomeroy can see and make judgments for them- all the cooperation that he has given. Clarke Johnson, E. B. Price (NC) selves. That is one way in which we are It wasn’t easy. It wasn’t an easy fight. Clay Kagen Rahall trying to ensure that we in the Con- We do converse back and forth. We do Cleaver Kanjorski Rangel gress in our committees do the over- Clyburn Kaptur Reyes talk. We don’t always agree, but we are Cohen Kennedy Richardson sight, as well as the legislative work, not disagreeable, and we made that Connolly (VA) Kildee Rodriguez that we are supposed to do. pact and we are going to keep that Conyers Kilpatrick (MI) Rogers (AL) The second way we did it was to re- pact. And not only with my colleague Cooper Kilroy Ros-Lehtinen quest—and it is part of this resolu- Costa King (NY) Roskam on the other side of the aisle, the rank- Costello Kirkpatrick (AZ) Ross tion—that the chairpersons and the ing member, Mr. LUNGREN from Cali- Courtney Kissell Rothman (NJ) ranking members of each committee fornia, but his staff and our staff. Crenshaw Klein (FL) Roybal-Allard come back to us at the end of the year. It is a tough thing to do, tough to Crowley Kosmas Ruppersberger And it’s not that we are going to ques- Cuellar Kucinich Rush crunch these numbers. Every time they Cummings Lance Ryan (OH) tion the subject matter that they are show them to me, without a doubt Dahlkemper Langevin Salazar dealing with or question how they han- when I am done looking at them I get Davis (AL) Larsen (WA) Sa´ nchez, Linda Larson (CT) dle things, but rather we are going to a headache, and I give them back to Davis (CA) T. just have some inquiries, looking at Davis (IL) LaTourette Sanchez, Loretta them to give them more headaches, on Davis (TN) Lee (CA) Sarbanes those reports, and seeing how what our side of the aisle and on their side of DeFazio Levin Schakowsky they are doing matched up with their the aisle. DeGette Lewis (GA) Schauer budget request. One of the areas in Delahunt Lipinski Schiff Loebsack which we are required to provide over- DeLauro Schrader b 1600 Diaz-Balart, L. Lofgren, Zoe Schwartz sight of this House is to make sure Lowey It’s a tough bill to do, but we had to Dicks Scott (GA) that oversight is being done. Dingell Lucas Scott (VA) ´ So I think we have tried to answer do it. And we had to do it by today, or Doggett Lujan Serrano Lummis the question of whether or not real tomorrow it would really be April Donnelly (IN) Sestak Fools for all of us because we would be Doyle Lungren, Daniel Shea-Porter oversight is going to be done by the Dreier E. Sherman out of business in our committees, Lynch way that we made these changes con- Driehaus Shuler Maffei tained in this resolution. I would hope which would essentially shut this Edwards (MD) Shuster Maloney House down. Edwards (TX) Simpson that people understand that I take Markey (CO) Ehlers Sires So, Mr. Speaker, again, I thank my Markey (MA) oversight responsibility very, very seri- Ellison Skelton colleague for his support and his co- Marshall ously; the chairman has indicated that Ellsworth Slaughter Massa operation, and I am looking forward to Engel Smith (NE) he does as well; and, this committee Matheson continued support and cooperation. Eshoo Smith (NJ) will do its work to ensure that the Matsui Etheridge Smith (TX) I urge all Members to vote in favor of McCarthy (CA) American public can make their judg- Farr Smith (WA) McCarthy (NY) ments. It seems to me that is what we this resolution so the committees can Snyder Fattah McCollum continue to do the essential work of Space are supposed to be doing. If all we are Filner McCotter is a rubber-stamp committee, the pub- the Congress. Fleming McDermott Speier lic can say we are not doing our job. I yield back the balance of my time. Foster McGovern Spratt Frank (MA) McHugh Stark Mr. Speaker, I do not think we are a The SPEAKER pro tempore. All time Fudge Stupak for debate has expired. McIntyre rubber-stamp committee with this Giffords McKeon Sutton chairman, and I am certainly going to Pursuant to House Resolution 294, Gonzalez McMahon Tanner work with him to ensure that is not the previous question is ordered on the Gordon (TN) McNerney Tauscher Grayson Teague the case. We are going to make sure resolution, as amended. Meek (FL) Green, Al Meeks (NY) Terry that we do the people’s work and that The question is on the resolution. Green, Gene Melancon Thompson (CA) all the committees do as well. If, at the The question was taken; and the Griffith Michaud Thompson (MS) end of the year we can’t prove it to Speaker pro tempore announced that Grijalva Miller (MI) Thompson (PA) Gutierrez Tierney the ayes appeared to have it. Miller (NC) ourselves, we are not going to be able Hall (NY) Miller, George Titus to prove it to the public, and then it is Mr. DANIEL E. LUNGREN of Cali- Hall (TX) Mollohan Tonko on us. And I would hope that we will fornia. Mr. Speaker, I object to the Halvorson Moore (KS) Towns step up to the plate, take the responsi- vote on the ground that a quorum is Hare Moore (WI) Tsongas Harman Moran (VA) Turner bility, and do the job that we are sent not present and make the point of Harper Murphy (CT) Van Hollen here to do not only as individual Mem- order that a quorum is not present. Hastings (FL) Murphy, Patrick Vela´ zquez bers but as the collective work of Mem- The SPEAKER pro tempore. Evi- Heinrich Murtha Visclosky bers in committee. dently a quorum is not present. Heller Nadler (NY) Walz Herseth Sandlin Napolitano Wasserman And if the chairman has no other The Sergeant at Arms will notify ab- Higgins Neal (MA) Schultz speakers, I would say that we ought to sent Members. Hill Nye Waters support this resolution, and I yield Pursuant to clause 8 of rule XX, this Himes Oberstar Watson back the balance of my time. Hinchey Obey Watt 15-minute vote on adoption of House Hinojosa Olver Waxman Mr. BRADY of Pennsylvania. Mr. Resolution 279 will be followed by 5- Hirono Ortiz Weiner Speaker, this is a tough bill. None of us minute votes on motions to suspend Hodes Pallone Welch on either side of the aisle want to tell the rules on H.R. 151 and H.R. 1299. Holden Pastor (AZ) Wexler our colleagues ‘‘no,’’ and we also have Holt Payne Whitfield The vote was taken by electronic de- Honda Perlmutter Wilson (OH) to have the responsibility of making vice, and there were—yeas 288, nays Hoyer Perriello Woolsey sure that we can tighten our belt and 136, not voting 7, as follows: Inslee Peters Yarmuth let the citizens of the United States of Israel Peterson Young (AK) [Roll No. 172] America know that we are not out Jackson (IL) Pingree (ME) Young (FL) YEAS—288 there just spending freely. It is a tough NAYS—136 bill to calculate, it is a tough bill to Abercrombie Becerra Brady (PA) Ackerman Berkley Brady (TX) Akin Bono Mack Cao come up with the right, proper figures Aderholt Berman Braley (IA) Alexander Boozman Carter that we need to make all our commit- Adler (NJ) Berry Brown, Corrine Austria Bright Cassidy tees’ work viable and do the job that Altmire Bishop (GA) Butterfield Bachmann Broun (GA) Castle they need to do. They do a tremendous Andrews Bishop (NY) Buyer Barrett (SC) Brown (SC) Chaffetz Arcuri Blumenauer Camp Bartlett Brown-Waite, Coble job, and much more work than they Baca Boccieri Capito Biggert Ginny Coffman (CO) had in the past Congress due to the Bachus Bonner Capps Bilbray Buchanan Conaway economy of the United States of Amer- Baird Boren Capuano Bilirakis Burgess Culberson Baldwin Boswell Cardoza Bishop (UT) Burton (IN) Davis (KY) ica that we are in right now. Barrow Boucher Carnahan Blackburn Calvert Deal (GA) But we wouldn’t be up here and be Barton (TX) Boustany Carney Blunt Campbell Dent able to do this without cooperation, so Bean Boyd Carson (IN) Boehner Cantor Diaz-Balart, M.

VerDate Nov 24 2008 02:21 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.064 H31MRPT1 jbell on PROD1PC69 with HOUSE H4198 CONGRESSIONAL RECORD — HOUSE March 31, 2009 Duncan Kratovil Posey Braley (IA) Griffith McMorris Snyder Thornberry Waters Emerson Lamborn Price (GA) Bright Grijalva Rodgers Souder Tiahrt Watson Fallin Latham Putnam Brown (SC) Guthrie McNerney Space Tierney Watt Flake Latta Radanovich Brown, Corrine Gutierrez Meek (FL) Speier Titus Waxman Forbes Lee (NY) Rehberg Brown-Waite, Hall (NY) Meeks (NY) Spratt Tonko Weiner Fortenberry Lewis (CA) Reichert Ginny Hall (TX) Melancon Stark Towns Welch Foxx Linder Roe (TN) Buchanan Halvorson Mica Stupak Tsongas Wexler Franks (AZ) LoBiondo Rogers (KY) Burgess Hare Michaud Sullivan Turner Whitfield Frelinghuysen Luetkemeyer Rogers (MI) Sutton Upton Burton (IN) Harman Miller (FL) Wilson (OH) Gallegly Mack Rohrabacher Tanner Van Hollen Butterfield Harper Miller (MI) Wilson (SC) Garrett (NJ) Manzullo Rooney Buyer Miller (NC) Tauscher Vela´ zquez Hastings (FL) Wittman Gerlach Marchant Royce Calvert Miller, George Taylor Visclosky Heinrich Wolf Gingrey (GA) McCaul Ryan (WI) Camp Minnick Teague Walden Heller Woolsey Gohmert McClintock Scalise Campbell Mitchell Terry Walz Herger Wu Goodlatte McHenry Schmidt Cantor Herseth Sandlin Mollohan Thompson (CA) Wamp Granger Thompson (MS) Wasserman Yarmuth McMorris Schock Cao Higgins Moore (KS) Graves Rodgers Sensenbrenner Thompson (PA) Schultz Capito Hill Moore (WI) Guthrie Mica Sessions Capps Himes Moran (KS) Herger Miller (FL) Shadegg NAYS—42 Capuano Hinchey Moran (VA) Hoekstra Minnick Shimkus Cardoza Hinojosa Murphy (CT) Akin Hunter Paul Hunter Mitchell Souder Bartlett Inglis Poe (TX) Carnahan Hirono Murphy, Patrick Inglis Moran (KS) Stearns Broun (GA) Issa Price (GA) Carney Hodes Murphy, Tim Issa Murphy, Tim Sullivan Cassidy Jones Rohrabacher Carson (IN) Holden Murtha Jenkins Myrick Taylor Chaffetz Jordan (OH) Rooney Carter Holt Myrick Johnson (IL) Neugebauer Thornberry Coble Kingston Royce Castle Honda Nadler (NY) Johnson, Sam Nunes Tiahrt Castor (FL) Napolitano Conaway Lamborn Scalise Jones Olson Tiberi Hoyer Deal (GA) Linder Schmidt Chandler Inslee Neal (MA) Jordan (OH) Paul Upton Childers Nye Flake Lummis Shadegg Kind Paulsen Walden Israel Foxx Mack Shuster Clarke Jackson (IL) Oberstar King (IA) Pence Wamp Clay Obey Franks (AZ) Manzullo Stearns Kingston Petri Wilson (SC) Jackson-Lee Garrett (NJ) McClintock Tiberi Cleaver (TX) Olson Kirk Platts Wittman Clyburn Olver Gohmert Neugebauer Young (AK) Kline (MN) Poe (TX) Wolf Jenkins Hoekstra Nunes Young (FL) Coffman (CO) Johnson (GA) Ortiz NOT VOTING—7 Cohen Johnson (IL) Pallone NOT VOTING—8 Cole Johnson, E. B. Pastor (AZ) Cole Miller, Gary Wu Blackburn Miller, Gary Simpson Connolly (VA) Johnson, Sam Paulsen Hastings (WA) Pascrell Conyers Payne Hastings (WA) Pascrell Westmoreland Hensarling Westmoreland Kagen Hensarling Sanchez, Loretta Cooper Kanjorski Pence Costa Perlmutter Kaptur ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE b 1625 Costello Perriello Kennedy The SPEAKER pro tempore (during Mr. SENSENBRENNER, Mrs. Courtney Kildee Peters Crenshaw Peterson MYRICK, Mrs. BACHMANN, Messrs. Kilpatrick (MI) the vote). Two minutes remain in this Crowley Kilroy Petri vote. OLSON, GERLACH, ROGERS of Ken- Cuellar Kind Pingree (ME) tucky, SCHOCK and BILIRAKIS Culberson King (IA) Pitts b 1634 changed their vote from ‘‘yea’’ to Cummings King (NY) Platts Dahlkemper Polis (CO) So (two-thirds being in the affirma- ‘‘nay.’’ Kirk Davis (AL) Kirkpatrick (AZ) Pomeroy tive) the rules were suspended and the Mr. ADERHOLT changed his vote Davis (CA) Kissell Posey Davis (IL) Price (NC) bill was passed. from ‘‘nay’’ to ‘‘yea.’’ Klein (FL) The result of the vote was announced So the resolution was agreed to. Davis (KY) Kline (MN) Putnam Davis (TN) Radanovich as above recorded. The result of the vote was announced Kosmas DeFazio Kratovil Rahall A motion to reconsider was laid on DeGette Rangel as above recorded. Kucinich the table. A motion to reconsider was laid on Delahunt Lance Rehberg DeLauro Langevin Reichert f the table. Dent Reyes Larsen (WA) Diaz-Balart, L. Richardson Larson (CT) CAPITOL POLICE ADMINISTRATIVE f Diaz-Balart, M. Rodriguez Latham Dicks Roe (TN) TECHNICAL CORRECTIONS ACT LaTourette DANIEL WEBSTER CONGRES- Dingell Rogers (AL) OF 2009 Latta SIONAL CLERKSHIP ACT OF 2009 Doggett Rogers (KY) Lee (CA) Donnelly (IN) Rogers (MI) The SPEAKER pro tempore. The un- Lee (NY) The SPEAKER pro tempore (Mr. Doyle Ros-Lehtinen finished business is the vote on the mo- Levin SERRANO). The unfinished business is Dreier Roskam Lewis (CA) tion to suspend the rules and pass the Driehaus Ross the vote on the motion to suspend the Lewis (GA) Duncan Rothman (NJ) bill, H.R. 1299, on which the yeas and Lipinski rules and pass the bill, H.R. 151, on Edwards (MD) Roybal-Allard nays were ordered. which the yeas and nays were ordered. Edwards (TX) LoBiondo Ruppersberger The Clerk read the title of the bill. Ehlers Loebsack Rush The Clerk read the title of the bill. Lofgren, Zoe The SPEAKER pro tempore. The The SPEAKER pro tempore. The Ellison Ryan (OH) Ellsworth Lowey Ryan (WI) question is on the motion offered by question is on the motion offered by Emerson Lucas Salazar the gentleman from Pennsylvania (Mr. the gentleman from Pennsylvania (Mr. Engel Luetkemeyer Sa´ nchez, Linda Luja´ n BRADY) that the House suspend the BRADY) that the House suspend the Eshoo T. Etheridge Lungren, Daniel Sarbanes rules and pass the bill, H.R. 1299. rules and pass the bill, H.R. 151. Fallin E. Schakowsky This will be a 5-minute vote. This will be a 5-minute vote. Farr Lynch Schauer The vote was taken by electronic de- The vote was taken by electronic de- Fattah Maffei Schiff Maloney vice, and there were—yeas 416, nays 1, vice, and there were—yeas 381, nays 42, Filner Schock Fleming Marchant Schrader not voting 14, as follows: not voting 8, as follows: Forbes Markey (CO) Schwartz [Roll No. 174] [Roll No. 173] Fortenberry Markey (MA) Scott (GA) Foster Marshall Scott (VA) YEAS—416 YEAS—381 Frank (MA) Massa Sensenbrenner Abercrombie Barrow Blunt Abercrombie Barrett (SC) Blumenauer Frelinghuysen Matheson Serrano Ackerman Bartlett Boccieri Ackerman Barrow Blunt Fudge Matsui Sessions Aderholt Barton (TX) Boehner Aderholt Barton (TX) Boccieri Gallegly McCarthy (CA) Sestak Adler (NJ) Bean Bonner Adler (NJ) Bean Boehner Gerlach McCarthy (NY) Shea-Porter Akin Becerra Bono Mack Alexander Becerra Bonner Giffords McCaul Sherman Alexander Berkley Boozman Altmire Berkley Bono Mack Gingrey (GA) McCollum Shimkus Altmire Berman Boren Andrews Berman Boozman Gonzalez McCotter Shuler Andrews Berry Boswell Arcuri Berry Boren Goodlatte McDermott Sires Arcuri Biggert Boucher Austria Biggert Boswell Gordon (TN) McGovern Skelton Austria Bilbray Boustany Baca Bilbray Boucher Granger McHenry Slaughter Baca Bilirakis Boyd Bachmann Bilirakis Boustany Graves McHugh Smith (NE) Bachmann Bishop (GA) Brady (PA) Bachus Bishop (GA) Boyd Grayson McIntyre Smith (NJ) Bachus Bishop (NY) Brady (TX) Baird Bishop (NY) Brady (PA) Green, Al McKeon Smith (TX) Baird Bishop (UT) Braley (IA) Baldwin Bishop (UT) Brady (TX) Green, Gene McMahon Smith (WA) Baldwin Blumenauer Bright

VerDate Nov 24 2008 02:21 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.028 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4199 Broun (GA) Goodlatte Markey (MA) Sarbanes Snyder Upton tion to Suspend the Rules and Pass, as Brown (SC) Gordon (TN) Marshall Scalise Souder Van Hollen Brown, Corrine Granger Massa Schakowsky Space Vela´ zquez Amended H.R. 577—Vision Care for Kids Act Brown-Waite, Graves Matheson Schauer Speier Visclosky of 2009. Ginny Grayson Matsui Schiff Spratt Walden Had I been present I would have voted Buchanan Green, Al McCarthy (CA) Schmidt Stark Walz ‘‘yea’’ on rollcall vote No. 171 on the Motion Burgess Green, Gene McCarthy (NY) Schock Stearns Wamp to Suspend the Rules and Pass H.R. 1253— Burton (IN) Griffith McCaul Schrader Stupak Wasserman Butterfield Grijalva McClintock Schwartz Sullivan Schultz Health Insurance Restrictions and Limitations Buyer Guthrie McCollum Scott (GA) Sutton Waters Clarification Act. Calvert Gutierrez McCotter Scott (VA) Tanner Watson Sensenbrenner Tauscher Had I been present I would have voted Camp Hall (NY) McGovern Watt Serrano Taylor ‘‘yea’’ on rollcall vote No. 172 On Agreeing to Campbell Hall (TX) McHenry Waxman Sessions Teague Cantor Halvorson McHugh Weiner the Resolution H. Res. 279—Providing for the Sestak Terry Cao Hare McIntyre Welch expenses of certain committees of the House Shadegg Thompson (CA) Capito Harman McKeon Wexler Capps Shea-Porter Thompson (MS) of Representatives in the One Hundred Elev- Harper McMahon Whitfield Capuano Hastings (FL) McMorris Sherman Thompson (PA) enth Congress. Wilson (OH) Carnahan Heinrich Rodgers Shimkus Thornberry Wilson (SC) Had I been present I would have voted Carney Heller McNerney Shuler Tiahrt Wittman ‘‘yea’’ on rollcall vote No. 173 on the Motion Carson (IN) Herger Meek (FL) Shuster Tiberi Wolf Carter Herseth Sandlin Meeks (NY) Sires Tierney to Suspend the Rules and Pass H.R. 151—To Woolsey Cassidy Higgins Melancon Skelton Titus establish the Daniel Webster Congressional Castle Himes Mica Slaughter Tonko Wu Clerkship Program. Smith (NE) Towns Yarmuth Chaffetz Hinchey Michaud Lastly, had I been present I would have Chandler Hinojosa Miller (FL) Smith (NJ) Tsongas Young (AK) Childers Hirono Miller (MI) Smith (WA) Turner Young (FL) voted ‘‘yea’’ on rollcall vote No. 174 on the Clarke Hodes Miller (NC) NAYS—1 Motion to Suspend the Rules and Pass H.R. Clay Hoekstra Miller, George 1299—Capitol Police Administrative Technical Minnick Cleaver Holden Mitchell Corrections Act of 2009. Clyburn Holt Mollohan NOT VOTING—14 Coble Honda Moore (KS) f Coffman (CO) Hoyer Moore (WI) Barrett (SC) Hensarling Sanchez, Loretta Cohen Hunter Moran (KS) Blackburn Hill Simpson COMMUNICATION FROM THE Cole Inglis Moran (VA) Cardoza McDermott Smith (TX) REPUBLICAN LEADER Conaway Inslee Murphy (CT) Castor (FL) Miller, Gary Westmoreland Connolly (VA) Israel Murphy, Patrick Hastings (WA) Pascrell The SPEAKER pro tempore laid be- Conyers Issa Murphy, Tim fore the House the following commu- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cooper Jackson (IL) Murtha nication from the Honorable JOHN A. The SPEAKER pro tempore (Ms. Costa Jackson-Lee Myrick BOEHNER, Republican Leader: Costello (TX) Nadler (NY) FUDGE) (during the vote). Less than 2 Courtney Jenkins Napolitano minutes remain in this vote. HOUSE OF REPRESENTATIVES, Crenshaw Johnson (GA) Neal (MA) Washington, DC, March 31, 2009. Crowley Johnson (IL) Neugebauer b 1642 Hon. NANCY PELOSI, Cuellar Johnson, E. B. Nunes Speaker, U.S. Capitol, Culberson Johnson, Sam Nye Mr. MINNICK changed his vote from Washington, DC. Cummings Jones Oberstar ‘‘yea’’ to ‘‘nay.’’ DEAR SPEAKER PELOSI: Pursuant to section Dahlkemper Jordan (OH) Obey Davis (AL) Kagen Olson So (two-thirds being in the affirma- 13101 of the HITECH Act (P.L. 111–5), I am Davis (CA) Kanjorski Olver tive) the rules were suspended and the pleased to appoint Mrs. Gayle Harrell of Stu- Davis (IL) Kaptur Ortiz bill was passed. art, Florida to the HIT Policy Committee. Davis (KY) Kennedy Pallone The result of the vote was announced Mrs. Harrell has expressed interest in serv- Davis (TN) Kildee Pastor (AZ) as above recorded. ing in this capacity and I am pleased to ful- Deal (GA) Kilpatrick (MI) Paul fill her request. DeFazio Kilroy Paulsen A motion to reconsider was laid on Sincerely, DeGette Kind Payne the table. JOHN A. BOEHNER, Delahunt King (IA) Pence DeLauro King (NY) Perlmutter Stated for: Republican Leader. Dent Kingston Perriello Mr. SMITH of Texas. Mr. Speaker on rollcall f Diaz-Balart, L. Kirk Peters No. 174, I was unavoidably detained. Had I Diaz-Balart, M. Kirkpatrick (AZ) Peterson been present, I would have voted ‘‘yea.’’ b 1645 Dicks Kissell Petri Dingell Klein (FL) Pingree (ME) f HONORING FOUR SLAIN OAKLAND Doggett Kline (MN) Pitts POLICE OFFICERS Donnelly (IN) Kosmas Platts PERSONAL EXPLANATION Doyle Kratovil Poe (TX) Mr. CONYERS. Madam Speaker, I Dreier Kucinich Polis (CO) Mr. PASCRELL. Mr. Speaker, today, March move to suspend the rules and agree to Driehaus Lamborn Pomeroy 31st, I was detained in my district and there- the resolution (H. Res. 290) honoring Duncan Lance Posey fore missed the 9 rollcall votes of the day. Edwards (MD) Langevin Price (GA) the lives, and mourning the loss, of Edwards (TX) Larsen (WA) Price (NC) Had I been present I would have voted Sergeant Mark Dunakin, Sergeant Ehlers Larson (CT) Putnam ‘‘yea’’ on rollcall vote No. 166 on Agreeing to Ervin Romans, Sergeant Daniel Sakai, Ellison Latham Radanovich the Resolution H. Res. 296—on Providing for and Officer John Hege, members of the Ellsworth LaTourette Rahall Emerson Latta Rangel the consideration of the Senate amendments Oakland Police Department in Cali- Engel Lee (CA) Rehberg to H.R. 1388. fornia who were brutally slain in the Eshoo Lee (NY) Reichert Had I been present I would have voted line of duty. Etheridge Levin Reyes ‘‘yea’’ on rollcall vote No. 167 on the Motion Fallin Lewis (CA) Richardson The Clerk read the title of the resolu- Farr Lewis (GA) Rodriguez to Suspend the Rules and Pass, as Amended tion. Fattah Linder Roe (TN) H.R. 1259—Dextromethorphan Distribution The text of the resolution is as fol- Filner Lipinski Rogers (AL) Act. lows: Flake LoBiondo Rogers (KY) Fleming Loebsack Rogers (MI) Had I been present I would have voted H. RES. 290 Forbes Lofgren, Zoe Rohrabacher ‘‘aye’’ on rollcall vote No. 168 on the Motion Whereas, since May 17, 1792, when Deputy Fortenberry Lowey Rooney to Suspend the Rules and Pass, as Amended Sheriff Isaac Smith of the New York City Foster Lucas Ros-Lehtinen H. Res. 282—Recognizing the 30th anniver- Foxx Luetkemeyer Roskam Sheriffs Office was killed, more than 18,270 Frank (MA) Luja´ n Ross sary of the peace treaty between Egypt and Federal, State, and local law enforcement of- Franks (AZ) Lummis Rothman (NJ) Israel. ficers have died in the line of duty; Frelinghuysen Lungren, Daniel Roybal-Allard Had I been present I would have voted Whereas, on Saturday, March 21, 2009, in Fudge E. Royce ‘‘yea’’ on rollcall vote No. 169 on the On Mo- Oakland, California, Sergeant Mark Gallegly Lynch Ruppersberger Dunakin, Sergeant Ervin Romans, Sergeant Garrett (NJ) Mack Rush tion To Concur in the Senate Amendments to Dan Sakai, and Officer John Hege, all of the Gerlach Maffei Ryan (OH) H.R. 1388—Generations Invigorating Vol- Oakland Police Department, were killed by Giffords Maloney Ryan (WI) unteerism and Education (GIVE) Act. Gingrey (GA) Manzullo Salazar gunfire while serving in the line of duty; Gohmert Marchant Sa´ nchez, Linda Had I been present I would have voted Whereas the senseless slaying of Sergeants Gonzalez Markey (CO) T. ‘‘yea’’ on rollcall vote No. 170 on the On Mo- Dunakin, Romans, and Sakai, and Officer

VerDate Nov 24 2008 05:00 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.030 H31MRPT1 jbell on PROD1PC69 with HOUSE H4200 CONGRESSIONAL RECORD — HOUSE March 31, 2009 Hege represents the first multiple-fatality Resolved, That the House of Representa- tigation he led. He leaves behind his shooting incident of law enforcement officers tives extends its condolences to the families wife Angela and their three small chil- in the United States in more than a year, and loved ones of Oakland Police Depart- dren. and the first time in more than 15 years that ment Sergeant Mark Dunakin, Sergeant Sergeant Ervin Romans, ‘‘Erv’’ to his 4 law enforcement officers were killed by Ervin Romans, Sergeant Daniel Sakai, and gunfire in the line of duty in a single inci- Officer John Hege and stands in solidarity friends, was from Danville, California. dent; with the people of Oakland, California, their He gave 13 years of service to the Oak- Whereas the killing of Sergeants Dunakin, neighbors in the East Bay, and entire Bay land Police Department. He was a Romans, and Sakai, and Officer Hege rep- Area community, as they celebrate the lives, member of the police SWAT team and resents the deadliest incident involving Cali- and mourn the loss, of these 4 remarkable highly regarded for his work with the fornia public safety officers since the infa- and selfless heroes who represented the best narcotics division in solving several mous ‘‘Newhall Incident’’ occurred nearly 40 of their community and the future the peo- complex drug cases in California. years ago in Los Angeles County on April 6, ple of Oakland are determined to create for 1970, when 4 California highway patrolmen Sergeant Daniel Sakai of Castro Val- their children, grandchildren, and genera- ley, California, was also a member of were killed in a gun battle with 2 heavily tions to come. armed suspects, an incident so traumatic the police SWAT team. While he’s re- and shocking to the Nation that it galva- The SPEAKER pro tempore. Pursu- membered for his outstanding work on nized the movement to reform police train- ant to the rule, the gentleman from the SWAT team, he’s also remembered ing procedures, firearms use, and arrest tech- Michigan (Mr. CONYERS) and the gen- and respected for his love of serving niques; tleman from Texas (Mr. POE) each will other people, most notably during his Whereas the slaying of Sergeants Dunakin, control 20 minutes. time as a community officer at the Romans, and Sakai, and Officer Hege serve The Chair recognizes the gentleman University of California in Berkeley. as a reminder that the risks assumed by po- from Michigan. lice officers daily in serving and protecting And he also taught English in Japan. their communities continue to be enormous, GENERAL LEAVE He was a devoted husband and father ever present, and lethal, even as the number Mr. CONYERS. Madam Speaker, I to his wife Jennifer and their young of law enforcement officers killed by gunfire ask unanimous consent that all Mem- daughter. in the United States has steadily declined bers may have 5 legislative days to re- Officer John Hege of Concord, Cali- over the last 20 years; vise and extend their remarks and in- fornia, was a 10-year veteran of the Whereas the bravery, devotion to duty, and clude extraneous material on the reso- Oakland Police Department and was love of community of these fallen heroes has lution under consideration. forever earned them a place in the hearts known by his colleagues for his willing- and memories of the citizens they willingly The SPEAKER pro tempore. Is there ness to help out with any department risked their lives to protect, an honor that objection to the request of the gen- projects. Before joining the force, Offi- comes at enormous cost to the people who tleman from Michigan? cer Hege was a high school teacher and knew them best, loved them most, and re- There was no objection. spent his free time umpiring high member them simply as husbands, fathers, Mr. CONYERS. Madam Speaker, I school baseball games. brothers, sons, and friends; yield myself as much time as I may Madam Speaker, almost 40 years ago, Whereas Sergeant Mark Dunakin of Tracy, consume. California, was an 18-year veteran of the four California Highway Patrolmen Oakland Police Department, a graduate of This resolution honors the lives and lost their lives in the line of duty in a Chabot College in Hayward, California, an mourns the loss of four Oakland, Cali- single incident. Since that time, our experienced homicide investigator, and ac- fornia, police department officers. Nation’s law enforcement officers have cording to his captain, ‘‘a cop’s cop,’’ who These honorable and brave officers made a considerable effort to reform was ‘‘absolutely committed to anything that were viciously slain by gunfire in the police safety training programs and he leads’’ and absolutely devoted to his wife line of duty on Saturday, March 21, procedures. And because of that dedi- Angela and their 3 children; 2009. By way of this resolution, the cated work over the past 20 years, Whereas Sergeant Ervin ‘‘Erv’’ Romans of House of Representatives extends its Danville, California, was a 13-year veteran of we’ve seen a decrease in the number of the Oakland Police Department, one of the condolences to the families and loved police officers killed by gunfire. most capable members of the Oakland Police ones of those police officers, and we Although there has been great SWAT Team, and highly respected for his join with the City of Oakland and the progress in protecting the safety of work in the Narcotics Division of the De- entire Bay Area in grieving the deaths these men and women who wear the partment, where he was responsible for solv- of these exemplary public servants who uniform, the death of these four offi- ing several major drug cases; gave their lives to protect the Oakland cers serve as a reminder to the whole Whereas Sergeant Daniel Sakai of Castro community. Valley, California, was considered by his country that our Nation’s law enforce- peers and supervisors as a rising star on the I reserve the balance of my time. ment officials still face dangerous and Oakland Police SWAT Team, where he Mr. POE of Texas. Madam Speaker, I potentially deadly situations every served as leader of the entry team and was yield myself such time as I may con- day. When a peace officer puts on a beloved for his dedication to serving others, sume. uniform in the morning, they represent as evidenced by his previous work as a com- Madam Speaker, I rise in support of everything that is good and right about munity service officer at University of Cali- this resolution, H. Res. 290. This resolu- our country. fornia, Berkeley, escorting students around tion honors the lives of Oakland Police Today, we honor the lives and the campus at night, and his tenure as an Department’s Sergeant Mark Dunakin, English teacher in Japan, but most of all by commitment to protecting our commu- his devotion to his wife Jennifer and their Sergeant Ervin Romans, Sergeant Dan- nity of these four peace officers. young daughter; iel Sakai, and Officer John Hege. I urge the adoption of this resolution. Whereas Officer John Hege of Concord, Madam Speaker, just a little over 2 I reserve the balance of my time. California, was a 10-year veteran of the Oak- weeks ago on March 21, these peace of- Mr. CONYERS. Madam Speaker, I am land Police Department who graduated from ficers were brutally slain while in the proud now to yield to the author of this St. Mary’s College of California, taught at line of duty protecting the people of resolution, the distinguished gentle- Tennyson High School in Hayward, Cali- the State of California. These officers lady from Oakland, California, the fornia, loved both his dog and umpiring high were valuable members of their police chair of the Congressional Black Cau- school baseball games, and knew the incredible joy of realizing his cherished dream of department, they were community cus, Ms. BARBARA LEE, for as much becoming a motorcycle cop, and who could leaders, and they were family men. time as she may consume. always be counted on by his colleagues to be They risked their lives every day to Ms. LEE of California. First, Chair- one of the first to respond to requests for as- protect their fellow Californians, and man CONYERS, let me thank you for sistance or to cheerfully volunteer to help on at the end of the day, they were all your leadership and for helping to ex- departmental projects; and killed for doing so. pedite the consideration of this resolu- Whereas in the face of this horrible loss, Sergeant Mark Dunakin was an 18- tion before us today. And let me com- the people of Oakland, California, have come year veteran of the Oakland Police De- mend the work of our staff—Danielle together and rededicated themselves to making Oakland the safe and peaceful commu- partment and resided in Tracy, Cali- Brown, Karas Patterson of the Judici- nity that Sergeants Dunakin, Romans, and fornia. According to his captain, the ary Committee, and Christos Tsentas Sakai, and Officer Hege sacrificed their lives experienced homicide investigator was and Gregory Berry of my office—for to preserve and defend: Now, therefore, be it absolutely committed to every inves- their excellent work on this resolution.

VerDate Nov 24 2008 02:21 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.044 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4201 Also, I want to express my gratitude In May, 2010, the names of Sergeant Sergeant Sakai of Castro Valley, to Speaker PELOSI and Majority Leader Mark Dunakin, Ervin Romans, Daniel California, was considered by his peers HOYER and all of those who were able Sakai and Officer John Hege will be and supervisors as a rising star on the to make sure that we were able to added to those of their fallen brothers Oakland Police SWAT Team, where he honor our fallen police officers today. and sisters. served as leader of the entry team. He I must say, the lives of four police of- The senseless slayings of these offi- was beloved for his dedication to serv- ficers who we lost were honored and cers represents the first multiple-fatal- ing others, as evidenced by his previous were mourned at a memorial last week, ity shooting incident in more than 1 work as a community service officer at and this memorial was so big—20,000 year and the first time in more than 15 the University of California, Berkeley, people—that we had to have the memo- years that four law enforcement offi- escorting students around campus at rial service in the Oracle Arena in Oak- cers were killed by gunfire in the line night, and by his tenure as an English land, California. of duty in a single incident. teacher in Japan. He leaves to cherish It’s really with a very heavy heart Madam Speaker, this tragedy also his memory a wife and a young daugh- that I introduce this resolution hon- represents the deadliest incident inter. oring their lives and mourning the volving California public safety officers And then there is Officer John Hege losses of Sergeant Mark Dunakin, Ser- since the infamous Newhall Incident, of Concord, California. John was a 10- geant Ervin Romans, Sergeant Daniel which occurred nearly 40 years ago in year veteran of the Oakland Police De- Sakai, and Officer John Hege. All were Los Angeles County on April 6, 1970, partment and a graduate of St. Mary’s officers of the Oakland police force. when four California Highway Patrol- College in California. Before joining They were brutally slain in the line of men were killed in a gun battle with the department, he taught at Tennyson duty 10 days ago. two heavily armed suspects. The High School in Hayward. And how he Madam Speaker, the death of any law Newhall Incident so traumatized and loved both his dog and umpiring high enforcement officer or first responder shocked the Nation that it galvanized school baseball teams was remarkable. in the line of duty is a loss felt by so the movement that led to the reform of Those who knew him well knew how many people in so many communities. police training procedures, firearms happy he was to realize his dream of The tragic deaths of the heroes we use, and arrest techniques. becoming a motorcycle cop. honor in this resolution is no different. The slayings of these four officers re- Officer Hege could always be counted These wonderful men may have served mind us that the risks assumed by po- on by his colleagues to be one of the and protected the people of Oakland, lice officers daily in serving and pro- first to respond to requests for assist- California, in my congressional dis- tecting their communities continue to ance or to cheerfully volunteer to help trict, but off duty they devoted their be enormous, ever-present, and, often on departmental projects. He will be lives to improving the neighboring times, lethal. greatly missed. East Bay communities where they Their deaths also challenge us to re- Madam Speaker, in the face of this lived: Castro Valley, Danville, Tracy, double our efforts to ensure that law horrible loss and for the people of Oak- and Concord, California. This resolu- enforcement personnel have the train- land, California, we stand together in tion is cosponsored by the entire Cali- ing, the resources, and assistance and our resolve to make our city safer and fornia Congressional Delegation, in- support needed to make our commu- peaceful, and we resolve that Sergeants cluding Speaker PELOSI. nity safer, not only for the people who Dunakin, Romans, Sakai, and Officer So I just want to thank them all for Hege, who sacrificed their lives, will be their support, especially Congress- live there, but also for the people who serve those communities. remembered and honored as those who woman TAUSCHER and Congressman So, Madam Speaker, let me just say really loved the community and did MCNERNEY, each of whom represented that the bravery, the devotion to duty, protect and defend it. Only by achiev- one of the officers we honor today and and the love of community of these ing our goals of peace, nonviolence, and with whom I worked very closely on resolutions of conflicts by peaceful this resolution. fallen heroes has forever earned them a place in the hearts and memories of the means will we be able to achieve a As I said earlier, the number of per- truly peaceful community, and then sons seeking to pay their respects to citizens they willingly risked their repay the debt that we owe to these the fallen officers was so great, more lives to protect. four remarkable human beings who than 20,000, that the memorial service But that honor comes at an enor- made the supreme sacrifice to keep us was held at Oracle Arena. Among those mous cost to the people who knew them best, who loved them most, and safe. in attendance were Governor Let me close with a passage from Schwarzenegger, Senator FEINSTEIN, remember them simply as husbands, fathers, brothers, sons, and friends. President Obama’s statement on the and Senator BOXER, Oakland Mayor tragic loss of our police officers. Ron Dellums and California Attorney Sergeant Dunakin of Tracy, Cali- General Jerry Brown. They were joined fornia, was an 18-year veteran of the b 1700 by thousands of fellow police officers Oakland Police Department, a grad- He said, ‘‘Our Nation is grateful for and elected officials from around the uate of Chabot College in Hayward, an the men and women of law enforcement country. President Obama also sent his experienced homicide investigator. Ac- who work tirelessly to ensure the safe- condolences. cording to his captain, he was a ‘‘cop’s ty of our citizens and our neighbor- This is a small but fitting tribute, cop,’’ one who was ‘‘absolutely com- hoods. They risk their lives each day Madam Speaker, to four good men who mitted to anything that he leads’’ and on our behalf and ask little in return. routinely performed great deeds and absolutely devoted to his wife, Angela, And although the danger of their work who gave their lives in service to the and their three children. is well-known, words still fail to ex- people of Oakland, California. Their Sergeant Ervin Romans of Danville, plain the senseless violence that claims sacrifice increases by four the number California, a decorated former Marine so many of them. of law enforcement officers who have Corps drill sergeant, was a 13-year vet- ‘‘As we honor their memories, I hope died in the line of duty since May 17, eran of the Oakland Police Depart- each of you will take comfort in know- 1792, when Deputy Sheriff Isaac Smith ment. He was also one of the ablest ing that their commitment to their fel- of the New York City Sheriff’s Office members of the Oakland Police SWAT low man will never be forgotten. We was killed. Team, and was highly respected for his will always carry them in our hearts, According to the National Law En- work in the narcotics division, where and their legacy of service will inspire forcement Officer’s Memorial Fund—an he was responsible for solving several us as we work together toward a better invaluable source, I might say, of his- major drug cases. Oakland, a better world.’’ torical and statistical information— In 1999, he was awarded the Oakland Thank you, Chairman CONYERS, for that roll of honor now lists more than Police Department’s highest honor, the your assistance with this resolution. 18,270 names, each of which is engraved Medal of Valor, for helping to save resi- THE WHITE HOUSE, on the National Law Enforcement Offi- dents in a West Oakland fire. Sergeant Washington, DC, March 27, 2009. cer’s Memorial located in Washington, Romans is survived by his widow and I was deeply saddened to learn of the tragic D.C. his three children. loss of Sgt. Mark Dunakin, Officer John

VerDate Nov 24 2008 02:21 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.076 H31MRPT1 jbell on PROD1PC69 with HOUSE H4202 CONGRESSIONAL RECORD — HOUSE March 31, 2009 Hege, Sgt. Ervin Romans, and Sgt. Daniel being mentioned over and over again: Oakland police officers who made the Sakai. Michelle and I hold their families and Sergeant Mark Dunakin, Sergeant ultimate sacrifice in the line of duty. your community in our thoughts and pray- Ervin Romans, Sergeant Daniel Sakai, Madam Speaker, these were men of ers. and Officer John Hege. flesh and blood, with dreams and hopes Our Nation is grateful for the men and and families, and their lives were cut women of law enforcement who work tire- I hope that it’s a comfort to their lessly to ensure the safety of our citizens and families and to their friends that so short by senseless violence this month. our neighborhoods. They risk their lives many people throughout our country, I just want to say a few words about each day on our behalf and ask little in re- starting with the President of the each one of them in honor of their sac- turn. And although the danger of their work United States, the dignitaries that rifice. is well known, words still fail to explain the Congresswoman LEE said were at the Sergeant Mark Dunakin lived in my senseless violence that claims so many of service, and spoke, some of them, at district and served in Oakland for 18 them. years as a police officer, the last 10 of Sgt. Dunakin, Officer Hege, Sgt. Romans the service. But probably more important than all of that are all of the peo- which as a sergeant in the criminal in- and Sgt. Sakai were taken from us far too vestigation division. His work inves- soon, and their loss reminds us that the work ple, the everyday people in the coun- to which they dedicated their lives remains try, in Oakland, and the Bay Area, who tigating homicides made our streets undone. feel this loss very, very personally. safer and more secure. Sergeant As we honor their memories, I hope each of In our resolution that has been put Dunakin, from Tracy, California, you will take comfort in knowing that their forth by the committee, we talk about leaves behind a wife and three children. commitment to their fellow man will never these four brave officers and that ‘‘the Sergeant Ervin Romans, who was be forgotten. We will always carry them in senseless slayings of Sergeants also a resident in my district, was con- our hearts, and their legacy of service will sidered one of the most skillful and inspire us as we work together toward a bet- Dunakin, Romans, and Sakai, and Offi- cer Hege represents the first multiple- knowledgeable members of the Oak- ter Oakland, a better world. land Police Department’s SWAT team. Michelle and I offer our heartfelt sym- fatality shooting of law enforcement pathy. May their sacrifices be rewarded with officers in the United States in more Sergeant Romans, a former Marine, eternal peace. than a year.’’ And, ‘‘whereas the kill- made a number of high-profile drug ar- BARACK OBAMA. ing of’’ these gentlemen represents the rests during his tenure in the narcotics Mr. CONYERS. Madam Speaker, I’m deadliest incident in California public department. He was known for his dedication and work ethic. Sergeant Ro- honored now to yield 1 minute to the safety since the Newhall Incident, mans, a resident of Danville, also distinguished Speaker of the House, which was referenced by Congress- leaves behind a wife and three children. NANCY PELOSI, the gentlewoman from woman LEE. That was a long time ago, California. Sergeant Daniel Sakai, only 35 years 40 years ago, and these senseless young, studied forestry at UC Berke- Ms. PELOSI. Madam Speaker, I killings ‘‘serve as a reminder that the thank the distinguished chairman for ley, where he also served as a campus risks assumed by police officers daily community service officer. He began yielding, as I join my colleagues in in serving and protecting their commu- commemorating and honoring the his dedication in service to community nities continues to be enormous.’’ as a Boy Scout, eventually obtaining memory of the Oakland, California, po- It recognizes the bravery, the devo- lice officers who were senselessly mur- the rank of Eagle Scout. He leaves be- tion to duty, and the love of commu- hind a wife and a young daughter who dered while on duty. I associate myself nity of these fallen heroes, and that will miss him dearly. with the remarks of Congresswoman they have forever earned a place in the Officer John Hege recently achieved BARBARA LEE, author of this resolu- hearts and memories of the citizens his dream of joining the department’s tion, and join Congresswoman they willingly risked their lives for. motorcycle unit before that fateful TAUSCHER and Congressman MCNERNEY Congresswoman LEE went into the Saturday. Before he joined the force, in again remembering these brave he- personal stories of Sergeant Dunakin, he was a teacher in Hayward. He con- roes. Sergeant Romans, Sergeant Sakai and tinued to work with teens even after he Madam Speaker, our colleague, Con- Officer Hege. So I won’t repeat that ex- became a police officer, serving as a gresswoman LEE, spelled it out so very cept to take pride in their personal high school baseball umpire. He was well, the senselessness of these deaths, lives, as well as their professional exe- known for his cheerful attitude, friend- the heroism of these police officers, cution of their duties. ly nature, and his eagerness to help and the quality of their lives. As elect- And whereas, in this resolution, we those in need. ed officials, our first responsibility is say, ‘‘in the face of this horrible loss, Madam Speaker, these officers rep- to protect the American people, wheth- the people of Oakland, California, have resented the best our society has to er in their homes, their neighborhoods come together and rededicated them- offer. They will be sorely missed, but and communities, or to protect our selves to making Oakland’’ a better their dedication to duty is an example country as a Nation. This is not pos- place as the Congresswoman ref- for all of us. I join all of northern Cali- sible without the heroic courage of our erenced, I also want her to know that fornia, and the Nation, in mourning public safety officers in our country. our entire State feels their pain, prays their loss and honoring these heroes. Every day when they leave for work, for the families of those who were lost, Mr. POE of Texas. I continue to re- they risk not coming home. I hope that and also extends our sympathy to all of serve my time. their families don’t think of that every them. Mr. CONYERS. Madam Speaker, I’m day, but on a day in March, this fact I think I can say that without any pleased to yield as much time as he was driven home very brutally to four fear of contradiction that, as Speaker may consume to the gentleman from families. of the House, I speak for all of us here Michigan (Mr. STUPAK), who represents Madam Speaker, a giant pall hangs when I say to those families, thank the Upper Peninsula and is a former over the Bay Area in California. These you, we’re sorry, we’re praying for you, law enforcement person himself. deaths have hit people very, very hard, and your loved ones will always have a Mr. STUPAK. Madam Speaker, I as you would expect, and I think you place in our hearts and in history as thank the chairman for yielding to me. can feel some of that in this Chamber heroes for our people. I rise in support of this resolution this afternoon because of these per- Mr. POE of Texas. I reserve the bal- and to pay tribute to the four Oakland sonal losses and individuals who were ance of my time. Police Department officers who were killed, and also because of the threat Mr. CONYERS. I’m pleased now to fatally shot in the line of duty on that this is to every public safety offi- yield as much time as he may consume March 21. cer in our country. to the gentleman from California (Mr. Sergeants Mark Dunakin, Ervin Ro- I’m so proud to be able to speak MCNERNEY), a cosponsor. mans, Daniel Sakai, and motorcycle of- about this resolution honoring the Mr. MCNERNEY. Thank you, Mr. ficer John Hege were brutally mur- lives and mourning the deaths of four Chairman. dered on a Saturday afternoon during Oakland, California, Police Depart- Madam Speaker, I rise in support of the course of what began as a routine ment officers. Their names have been H. Res. 290, a resolution honoring the traffic stop and resulted in a massive mentioned, but I think they deserve lives, and mourning the loss, of four manhunt.

VerDate Nov 24 2008 02:21 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.045 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4203 The shootings were the deadliest in- dolences of the U.S. House of Rep- today, let us rededicate ourselves to the pro- cident for U.S. law enforcement since 9/ resentatives to their families and tection of our communities and our law en- 11 and the deadliest in California in 40 friends. forcement, so that the deaths of these four years. Although these tragic events oc- I thank the gentleman. men will not have been in vain. curred more than 2,000 miles from my Mr. POE of Texas. I continue to re- Mr. STARK. Madam Speaker, I rise today in district, the people of northern Michi- serve the balance of my time. support of H. Res. 290: Honoring the lives and gan join Oakland, California, and the Mr. CONYERS. Madam Speaker, I mourning the loss of Sergeant Mark Dunakin, Nation in paying tribute to these true have no further speakers, and I yield Sergeant Ervin Romans, Sergeant Daniel heroes. back the balance of my time. Sakai, and Officer John Hege, members of the Sergeant Ervin Romans, who died of Mr. POE of Texas. Madam Speaker, I Oakland, California Police Department. gunshot wounds in the second of the yield myself as much time as I may On March 21, 2009, Sergeants Dunakin, two shooting incidents on that day, consume. Romans, Sakai, and Officer Hege were shot was the son of Chester and Sueko Ro- Madam Speaker, not a day goes by and killed in the line of duty, giving their lives mans of Ironwood Township in Michi- that law enforcement officers do not to protect our community. This tragedy serves gan’s Upper Peninsula. face danger in the mission to keep us as a reminder of the great sacrifices police of- Family and friends in Ironwood and safe from crime, acts of violence, and ficers make to protect us, and underscores the across the Upper Peninsula have, in re- even terrorism. need to end violent crime in our nation. cent days, shared fond memories of As founder and a co-chairman of the I extend my deepest gratitude for the serv- Sergeant Romans. Although he was liv- Congressional Victims Rights Caucus, I ice of Sergeants Dunakin, Romans, Sakai, ing and working in California as a know unfortunately peace officers are and Officer Hege to the Oakland Police De- SWAT team leader for the Oakland Po- also often victims of criminal conduct. partment and my heartfelt condolences to their lice Department, Sergeant Romans After all, they are the last strand of families, friends, and our community. I ask my grew up in Ironwood, where he grad- wire in the fence between the law and colleagues to join me in supporting this resolu- uated from Luther L. Wright High the lawless. tion. School in 1983 before leaving to become Over my years as a prosecutor and a Mrs. TAUSCHER. Madam Speaker, I want a decorated Marine. judge, I have known several police offi- to thank my good friend from Oakland, Ms. After his service to our Nation in the cers who gave their lives for the rest of BARBARA LEE, for her tireless service and for Marine Corps and as an Oakland Hous- us. Today, we are grateful for the fami- introducing this resolution. ing Authority police officer, Romans lies and to the officers of California I rise today to honor the lives of four Oak- dreamed of joining the Oakland Police who selflessly gave their lives while land Police Officers, who were tragically killed Department. That dream came true in protecting the rest of us: Sergeant in the line of duty on March 21, 2009. Officer 1996. In 1999, Romans received the de- Dunakin, Sergeant Romans, Sergeant John R. Hege, Sergeant Mark Dunakin, SWAT partment’s highest honor, the Medal of Daniel Sakai, and Officer John Hege. Sergeant Ervin Romans, and Sergeant Daniel Valor, for helping save residents in a Madam Speaker, on May 15, on the Sakai. I want to take a few moments to honor Offi- West Oakland fire. West side of the Capitol grounds, we cer Hege, a resident of Concord and Califor- He was promoted to sergeant in 2005 honor all peace officers that have been nia’s Tenth Congressional district. and worked narcotics cases and on the killed in the line of duty in the United Throughout his life, John nurtured a love of crime-reduction team, which was States. There will be thousands of sports and the outdoors. To his friends, he worked to combat street-level nar- peace officers from all over the United was ‘‘outgoing and friendly, an honest and cotics problems and associated vio- States, and the families of the slain fair-minded man.’’ The Contra Costa Times lence. Ervin Romans was also a firing will be not far from where we are today described him ‘‘as a good-natured sports fan range master sergeant. to honor those. This year we will honor with a hearty laugh, nonstop energy and a Sergeant Romans was one of the four more from Oakland, California. I would like to thank my colleague, heart of gold.’’ SWAT steam members who on March John was foremost a public servant. He at- the gentlewoman from California (Ms. 21 stormed the apartment where pa- tended Piedmont schools growing up, LEE) for introducing this resolution rolee and suspect Lovelle Mixon was achieved the rank of Eagle Scout, and grad- and the chairman for expediting this hiding in a closet. Sergeant Romans uated from Saint Mary’s College in Moraga in legislation to the House. was shot inside the apartment and died 1990. He began his career as a high school Mr. HONDA. Madam Speaker, today, the of gunshot wounds later that day. teacher, coaching and officiating basketball Ervin, or Erv to his family and House of Representatives considered H. Res. and football. He joined the Oakland Police De- friends, was a son, husband and father 290, a resolution honoring the lives and partment Reserves in 1993 and became a full- of three. He lived in Danville, Cali- mourning the tragic loss of four Oakland police time officer in 1999. fornia, with his wife, Laura, and three officers who were killed in the line of duty. I He continued his passion for teaching as a children, Kristina, Justin and Kayla. commend the valor of Sergeant Mark Dunakin, police cadet instructor. Officer Hege’s lifetime Childhood friends and family remain- Sergeant Ervin Romans, Sergeant Daniel of service continued until the final moments of ing in the Ironwood area will pay trib- Sakai, and Officer John Hege. These men his life. He underwent surgery to donate his ute to Sergeant Romans at a funeral were not just police officers, but fathers, sons, organs to save the lives of four others. He is service in Ironwood on April 4. brothers, husbands, and friends. My heart survived by his parents, John and Tamra As a former Escanaba City Police Of- goes out to those closest to them, that they Hege. ficer and Michigan State Police Troop- may find comfort and peace in their friends The brazen assault on the Oakland Police er, the loss of a law enforcement officer and families. Officers is a tragic reminder of the lengths our is especially painful. When I came to Police officers risk their lives every day to police officers go to keep our families and Congress, I founded the Law Enforce- keep Americans safe, and their heroic deeds communities safe. I ask all Americans to join ment Caucus, which exists to advocate do not go unnoticed by their communities. us in honoring the life and achievements of for police officers and their families all Candlelight vigils and prayer ceremonies Officer John R. Hege and his fellow officers. across our country. This shooting re- throughout California as well as the huge swell Mr. POE of Texas. I yield back the minds us how men and women in law of public emotion at the passing of these four remainder of my time and urge the enforcement face unknown dangers brave police officers show that Americans un- adoption of this resolution. every day to keep us safe and our fami- derstand and value the sacrifices made by po- The SPEAKER pro tempore. The lies safer. lice officers. question is on the motion offered by Like so many law enforcement offi- I stand in solidarity with these supporters, the gentleman from Michigan (Mr. cers across our country, Sergeants Ro- and vow that we will not forget these four CONYERS) that the House suspend the mans, Dunakin, Sakai, and Officer brave men. We will keep them in our hearts rules and agree to the resolution, H. Hege dedicated their lives to our safe- as we strive to make cities and communities Res. 290. ty. Madam Speaker, I join Congress- safer and bring crime rates down. We will The question was taken. woman LEE and all of my colleagues in keep them in our minds as we attempt to do The SPEAKER pro tempore. In the honoring these men for their service a better job of reforming convicts and rehabili- opinion of the Chair, two-thirds being and sacrifice, and in offering the con- tating parolees. As we consider this resolution in the affirmative, the ayes have it.

VerDate Nov 24 2008 03:52 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.079 H31MRPT1 jbell on PROD1PC69 with HOUSE H4204 CONGRESSIONAL RECORD — HOUSE March 31, 2009 Mr. CONYERS. Madam Speaker, on (i) a trade secret, actionable under section document if sought from the communica- that I demand the yeas and nays. 1831 or 1832 of title 18, United States Code; tions service provider in the same manner The yeas and nays were ordered. (ii) individually identifiable health infor- that such section applies to any testimony The SPEAKER pro tempore. Pursu- mation, as such term is defined in section or document sought from a covered person. (b) NOTICE AND OPPORTUNITY PROVIDED TO ant to clause 8 of rule XX and the 1171(6) of the Social Security Act (42 U.S.C. 1320d(6)), actionable under Federal law; or COVERED PERSONS.—A court may compel the Chair’s prior announcement, further (iii) nonpublic personal information, as testimony or disclosure of a document under proceedings on this motion will be such term is defined in section 509(4) of the this section only after the party seeking postponed. Gramm-Leach-Biley Act (15 U.S.C. 6809(4)), of such a document provides the covered person who is a party to the business transaction f any consumer actionable under Federal law; or described in subsection (a)— b 1715 (D)(i) disclosure of the identity of such a (1) notice of the subpoena or other compul- source is essential to identify in a criminal sory request for such testimony or disclosure FREE FLOW OF INFORMATION ACT from the communications service provider OF 2009 investigation or prosecution a person who without authorization disclosed properly not later than the time at which such sub- Mr. CONYERS. Madam Speaker, I classified information and who at the time of poena or request is issued to the communica- move to suspend the rules and pass the such disclosure had authorized access to tions service provider; and bill (H.R. 985) to maintain the free flow such information; and (2) an opportunity to be heard before the (ii) such unauthorized disclosure has court before the time at which the testimony of information to the public by pro- or disclosure is compelled. caused or will cause significant and viding conditions for the federally (c) EXCEPTION TO NOTICE REQUIREMENT.— compelled disclosure of information by articulable harm to the national security; Notice under subsection (b)(1) may be de- and certain persons connected with the layed only if the court involved determines (4) that the public interest in compelling by clear and convincing evidence that such news media. disclosure of the information or document The Clerk read the title of the bill. notice would pose a substantial threat to the involved outweighs the public interest in integrity of a criminal investigation. The text of the bill is as follows: gathering or disseminating news or informa- SEC. 4. DEFINITIONS. H.R. 985 tion. In this Act: (b) AUTHORITY TO CONSIDER NATIONAL SE- Be it enacted by the Senate and House of Rep- (1) COMMUNICATIONS SERVICE PROVIDER.— CURITY INTEREST.—For purposes of making a resentatives of the United States of America in The term ‘‘communications service pro- determination under subsection (a)(4), a Congress assembled, vider’’— court may consider the extent of any harm SECTION 1. SHORT TITLE. (A) means any person that transmits infor- to national security. This Act may be cited as the ‘‘Free Flow of mation of the customer’s choosing by elec- (c) LIMITATIONS ON CONTENT OF INFORMA- Information Act of 2009’’. tronic means; and TION.—The content of any testimony or doc- SEC. 2. COMPELLED DISCLOSURE FROM COV- ument that is compelled under subsection (a) (B) includes a telecommunications carrier, ERED PERSONS. shall— an information service provider, an inter- (a) CONDITIONS FOR COMPELLED DISCLO- (1) not be overbroad, unreasonable, or op- active computer service provider, and an in- SURE.—In any matter arising under Federal formation content provider (as such terms pressive and, as appropriate, be limited to law, a Federal entity may not compel a cov- are defined in sections 3 and 230 of the Com- the purpose of verifying published informa- ered person to provide testimony or produce munications Act of 1934 (47 U.S.C. 153, 230)). tion or describing any surrounding cir- any document related to information ob- (2) COVERED PERSON.—The term ‘‘covered cumstances relevant to the accuracy of such tained or created by such covered person as person’’ means a person who regularly gath- published information; and part of engaging in journalism, unless a ers, prepares, collects, photographs, records, (2) be narrowly tailored in subject matter court determines by a preponderance of the writes, edits, reports, or publishes news or and period of time covered so as to avoid evidence, after providing notice and an op- information that concerns local, national, or compelling production of peripheral, non- portunity to be heard to such covered per- international events or other matters of pub- essential, or speculative information. son— (d) RULE OF CONSTRUCTION.—Nothing in lic interest for dissemination to the public (1) that the party seeking to compel pro- this Act shall be construed as applying to for a substantial portion of the person’s live- duction of such testimony or document has civil defamation, slander, or libel claims or lihood or for substantial financial gain and exhausted all reasonable alternative sources defenses under State law, regardless of includes a supervisor, employer, parent, sub- (other than the covered person) of the testi- whether or not such claims or defenses, re- sidiary, or affiliate of such covered person. mony or document; spectively, are raised in a State or Federal Such term shall not include— (2) that— court. (A) any person who is a foreign power or an (A) in a criminal investigation or prosecu- (e) EXCEPTION RELATING TO CRIMINAL OR agent of a foreign power, as such terms are tion, based on information obtained from a TORTIOUS CONDUCT.—The provisions of this defined in section 101 of the Foreign Intel- person other than the covered person— section shall not prohibit or otherwise limit ligence Surveillance Act of 1978 (50 U.S.C. (i) there are reasonable grounds to believe a Federal entity in any matter arising under 1801); that a crime has occurred; and Federal law from compelling a covered per- (B) any organization designated by the (ii) the testimony or document sought is son to disclose any information, record, doc- Secretary of State as a foreign terrorist or- critical to the investigation or prosecution ument, or item obtained as the result of the ganization in accordance with section 219 of or to the defense against the prosecution; or eyewitness observation by the covered per- the Immigration and Nationality Act (8 (B) in a matter other than a criminal in- son of alleged criminal conduct or as the re- U.S.C. 1189); vestigation or prosecution, based on infor- sult of the commission of alleged criminal or (C) any person included on the Annex to mation obtained from a person other than tortious conduct by the covered person, in- Executive Order No. 13224, of September 23, the covered person, the testimony or docu- cluding any physical evidence or visual or 2001, and any other person identified under ment sought is critical to the successful audio recording of the conduct, if a Federal section 1 of that Executive order whose prop- completion of the matter; court determines that the party seeking to erty and interests in property are blocked by (3) in the case that the testimony or docu- compel such disclosure has exhausted all that section; ment sought could reveal the identity of a other reasonable efforts to obtain the infor- (D) any person who is a specially des- source of information or include any information, record, document, or item, respec- ignated terrorist, as that term is defined in mation that could reasonably be expected to tively, from alternative sources. The pre- section 595.311 of title 31, Code of Federal lead to the discovery of the identity of such vious sentence shall not apply, and sub- Regulations (or any successor thereto); or a source, that— sections (a) and (b) shall apply, in the case (E) any terrorist organization, as that (A) disclosure of the identity of such a that the alleged criminal conduct observed term is defined in section 212(a)(3)(B)(vi)(II) source is necessary to prevent, or to identify by the covered person or the alleged criminal of the Immigration and Nationality Act (8 any perpetrator of, an act of terrorism or tortious conduct committed by the cov- U.S.C. 1182(a)(3)(B)(vi)(II)). against the United States or its allies or ered person is the act of transmitting or (3) DOCUMENT.—The term ‘‘document’’ other significant and specified harm to na- communicating the information, record, doc- means writings, recordings, and photo- tional security with the objective to prevent ument, or item sought for disclosure. graphs, as those terms are defined by Federal such harm; SEC. 3. COMPELLED DISCLOSURE FROM COMMU- Rule of Evidence 1001 (28 U.S.C. App.). (B) disclosure of the identity of such a NICATIONS SERVICE PROVIDERS. (4) FEDERAL ENTITY.—The term ‘‘Federal source is necessary to prevent imminent (a) CONDITIONS FOR COMPELLED DISCLO- entity’’ means an entity or employee of the death or significant bodily harm with the ob- SURE.—With respect to testimony or any doc- judicial or executive branch or an adminis- jective to prevent such death or harm, re- ument consisting of any record, information, trative agency of the Federal Government spectively; or other communication that relates to a with the power to issue a subpoena or issue (C) disclosure of the identity of such a business transaction between a communica- other compulsory process. source is necessary to identify a person who tions service provider and a covered person, (5) JOURNALISM.—The term ‘‘journalism’’ has disclosed— section 2 shall apply to such testimony or means the gathering, preparing, collecting,

VerDate Nov 24 2008 03:52 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.081 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4205 photographing, recording, writing, editing, Madam Speaker, the United States from a journalist in a leak investiga- reporting, or publishing of news or informa- has enjoyed a free press for over 200 tion, it must show that the leak caused tion that concerns local, national, or inter- years because it is guaranteed to us in significant articulable harm to na- national events or other matters of public the Constitution. Our Founders under- tional security, that the information interest for dissemination to the public. stood that a free press protects and was properly classified, and the person The SPEAKER pro tempore. Pursu- perpetuates our democracy. who leaked it was authorized to have ant to the rule, the gentleman from There has been no Federal media it. Michigan (Mr. CONYERS) and the gen- shield law to protect journalists’ ‘‘Thus, a would-be leaker of classified tleman from Texas (Mr. SMITH) each sources because there has been no evi- information could simply give it to will control 20 minutes. dence of a need. No more than 17 jour- someone not authorized to have it, The Chair recognizes the gentleman nalists during the past 25 years have urge that person to leak it, and there- from Michigan. been jailed for refusing to testify be- by prevent the government from inves- GENERAL LEAVE fore a grand jury. They were not sin- tigating the crime. Mr. CONYERS. I ask unanimous con- gled out for punishment. Every Amer- ‘‘This bill effectively cripples the sent to revise and extend my remarks ican called to testify before a grand government’s ability to identify and and that all Members have 5 legislative jury must cooperate or face this very prosecute leakers of classified informa- days to revise and extend their re- same consequence. tion. Ironically, a bill styled as a ‘remarks as well and include extraneous Nor is there any evidence that poten- porter’s shield’ would have the perverse material on the bill under consider- tial sources have withheld critical in- effect of shielding would-be leakers.’’ ation. formation from reporters because of a Look at the range of crimes where a The SPEAKER pro tempore. Is there fear of being identified. Just look at reporter would be able to hide his objection to the request of the gen- the scandals that are regularly uncov- source: Corporate and financial tleman from Michigan? ered—from Watergate to the recent crimes—very relevant these days; There was no objection. Mr. CONYERS. I yield myself such mistreatment of soldiers at Walter human trafficking, gun and drug traf- time as I may consume. Reed Medical Center. ficking; gang activity; and other crimi- Members of the House, the Free Flow In the 37 years since the Supreme nal activity that might not result in a of Information Act creates a qualified Court ruled that the first amendment direct risk of imminent death or sig- privilege to protect journalists from does not shield a reporter from testi- nificant bodily harm, even though we being compelled to disclose confiden- fying in a grand jury proceeding, the all have a strong interest in preventing tial sources or other than nonpublic in- media have had no problem exposing such crimes. formation that they have collected in corruption and injustice. H.R. 985 creates a privilege that al- the course of their reporting. Unfortunately, this bill raises serious lows reporters to avoid a civic duty. This is a very important and sen- law enforcement and national security The bill goes beyond promoting a free sitive matter. I want to point out that concerns. However well-intentioned, press. It confers on the press a privi- the gentleman from Virginia, a senior H.R. 985 will compromise the work of leged position. It exempts journalists member of the Judiciary Committee, the Justice Department and other Fed- from the same responsibilities that all has worked on and authored this bill eral agencies charged with crime-fight- others have in a criminal investiga- for a number of years. It has been ing, intelligence-gathering, and nation. This new privilege has no prece- modified and brought before us. I think tional security matters. dent in American legal history. that it’s of critical importance and The bill we are considering today cre- This bill is not about protecting the continues to deserve the overwhelming ates a press ‘‘privilege’’ under which public’s right to know about corrup- support of this body, which it has re- courts cannot compel reporters to pro- tion or malfeasance that already ex- ceived. vide information they need to fight ists. It’s about giving a reporter a spe- Right at this moment, a Pulitzer crime. cial privilege at the expense of our na- Prize-winning reporter from the De- Protecting anonymous sources tional crime-fighting efforts. troit Free Press, David Ashenfelter, should never be more important than To quote a high-ranking official from faces possible contempt charges for re- protecting the American people or the Office of the Director of National fusing to disclose sources who exposed solving crimes that can save lives. Security during last Congress’ debate, serious prosecutorial misconduct. The While confidentiality is vital to the the media shield bill ‘‘makes it very bill has been carefully tailored, as will work of a reporter, national security is difficult to enforce criminal laws in- be explained. essential to the preservation of a free volving the unauthorized disclosure of There’s one other person I would like nation. classified information and could seri- to single out for their excellent testi- For example, the exception to the ously impede other national security mony in the last Congress, and that is privilege in this bill—to prevent a ter- investigations and prosecutions, in- Pulitzer Prize winner William Safire, rorist attack or imminent bodily cluding terrorism prosecutions.’’ who gave some very important insights harm—will not help in investigations As a former reporter, I sympathize into the scope and significance of this after the attack has already occurred. with journalists not wanting to reveal bill. Under the bill, law enforcement offi- their sources. But as a Member of Con- We think that this is critical. It’s cials could have obtained information gress I have a responsibility to see that supported by editorial boards, media identifying a reporter’s source on Sep- law enforcement and intelligence offi- companies, organizations, associations, tember 10, 2001, for example, to prevent cials who keep us safe can do their News Corp, and all broadcast networks. the terrorist attacks, but could not jobs. This bill creates serious law en- We urge that this measure be given the have acquired that same information forcement and national security prob- careful consideration that it is due. on September 12 to track down the ter- lems without sufficient justification. I would also like to single out the rorists. Madam Speaker, I reserve the bal- gentleman from Indiana, MIKE PENCE, Similarly, officials could acquire in- ance of my time. a distinguished member of the com- formation regarding a reporter’s source The SPEAKER pro tempore. Without mittee, and BOB GOODLATTE of Vir- to prevent the molestation of a child, objection, the gentleman from Virginia ginia, whose efforts were vitally impor- but they could not get that same infor- will control the time of the gentleman tant in strengthening the bill and en- mation to bring a sexual predator to from Michigan. suring that it is a truly bipartisan justice after the assault. There was no objection. measure that comes before the House Concerning classified information Mr. BOUCHER. Madam Speaker, I today. leaks, former Attorney General Mi- yield myself 6 minutes. Madam Speaker, I reserve the bal- chael Mukasey wrote in an editorial (Mr. BOUCHER asked and was given ance of my time. following the House vote in 2007: permission to revise and extend his re- Mr. SMITH of Texas. Madam Speak- ‘‘Leaking classified information is marks.) er, I yield myself such time as I may itself a crime, but in order for the gov- Mr. BOUCHER. I want to begin by ex- consume. ernment to get source information tending my personal appreciation to

VerDate Nov 24 2008 05:00 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.046 H31MRPT1 jbell on PROD1PC69 with HOUSE H4206 CONGRESSIONAL RECORD — HOUSE March 31, 2009 the chairman of the House Judiciary that legislation can be introduced to This is one of those issues that has a Committee, the gentleman from Michi- correct that harm, so that a lawsuit lot of support across the country began (Mr. CONYERS) for his determined can be filed or a criminal prosecution cause there are a lot of reporters across effort to bring the Free Flow of Infor- be launched once the public is apprised the country that are interested in mation Act to the floor of the House of what in fact is happening that con- making sure they have the last full today and for the strong support in the stitutes a harm to society. measure of protection they can pos- last Congress and again in this Con- b 1730 sibly have for their particular profes- gress that he and his outstanding staff sion. And all of us, in whatever profes- are providing to protect the public’s Journalists serve as public watch- sion we are, see ourselves as the con- dogs, bringing sensitive matters to right to know. summate professionals without regard light, and the bill before us enables The bill that is before the House to competing professions. today is identical to the bill that them to do a better job of it. I would ask the question, what are we Often, the best information that can passed the House in the last Congress trying to fix here? What is the problem be obtained about matters of large pub- by a vote of 398–21. It is a bipartisan that this legislation seeks to address? lic interest that involve corruption in measure which, this year, as in the pre- And one of those is the lack of con- government or misdeeds in a large or- vious Congress, I was pleased to intro- formity between the States; I recognize ganization like a corporation or a large that. But we only have, in the last 25 duce and partner with our Republican public charity will come from a person colleague, the gentleman from Indiana on the inside of that organization who years, 17 incidents of reporters that (Mr. PENCE), and 49 other cosponsors in knows what is happening, who knows have been incarcerated for their refusal the House. about the harm to the public interest to divulge their sources. The most pub- I want to acknowledge Mr. PENCE’s that is occurring, and feels a public re- lic of those would be the case of Judith leadership and his deep commitment to sponsibility to pick up a telephone and Miller in the Scooter Libby investiga- protecting freedom of the press. It has call a reporter and bring that critical tions that were conducted by the Spe- been a tremendous privilege to have information to public scrutiny. But cial Prosecutor, Patrick Fitzgerald, this opportunity to work with him to- that person has a lot of lose. Madam Speaker. And I asked myself ward the passage of this needed meas- If his or her identity becomes known, during that entire investigation, why ure. that person can become punished, often didn’t they just ask Robert Novak? I also want to thank our Virginia col- by the individual who is responsible for That would have answered the ques- league, BOB GOODLATTE, for his leader- the wrongdoing inside that organization. ship and his strong support of the bill tion. And so, in the absence of the abil- And if I ask the question today, what in this Congress. Mr. GOODLATTE and I ity of reporters to extend a pledge of was truth and what was fiction in all have worked together to promote a confidentiality to protect the identity that? That may be a matter of record, range of national policies. We cochair, of that person on the inside, that infor- but it is not a matter of public knowl- for example, the Congressional Inter- mation will never come to public light, edge, even among us here. So it turned net Caucus. It is also a pleasure to and there will never be an opportunity out it was Richard Armitage and not work with him in this Congress in for the public to take corrective ac- Scooter Libby. Scooter Libby was still order to promote passage of the Free tion. prosecuted and convicted. I think that Flow of Information Act. This is why we call our bill the Free Judith Miller’s 85 days in jail, if she I want to comment for a moment Flow of Information Act. Passing this had that to do over again, she still tes- today on the fact that in 2007 on this measure, conferring upon journalists a tified and she still had her agreement floor this bill received the outstanding limited privilege to refrain from re- with her source. vote of 398–21. That sweeping majority vealing confidential source informa- This goes on and on, 200-plus years, occurred by virtue of the careful work tion, will ensure that that vital infor- and now we have journalists that have that was done by the House Judiciary mation flows freely to the public so to have special protection without hav- Committee 2 years ago when the com- that corrective action in this Congress ing at least a breadth of statistical mittee considered this legislation. or in other legislative forums or in the data that would support this advocacy Members on both sides of the aisle courts can thereafter be taken. that is part of this bill. participated. They offered good sugges- The measure extends in Federal And I will tell you, as one who has tions for improving the legislation—for court proceedings a qualified privilege been in the public eye for some time the addition of circumstances when for reporters to refrain from testifying today, Madam Speaker, that I don’t disclosure of information could be com- or producing documents, and a quali- think I am treated objectively by all of pelled, including numerous provisions fied privilege to refrain from revealing the media. I don’t think I need to bring of compelled disclosure for the purpose the identity of confidential sources. a law to this Congress and ask that, for of protecting the national security. Throughout the bill, there are provi- example, to give a Member of Congress Those national security protections are sions protecting the national security; a cause of action to bring litigation deeply embedded in the bill that we are and where it is appropriate to protect against a journalist if they happen to considering today. national security, disclosure of infor- be unethical or inaccurate or untruth- It was an excellent committee proc- mation can be compelled, disclosure of ful. We just go ahead and take that, be- ess, rewarded on this House floor by a source information can be required, cause that is part of being in the public vote of 398–21 in favor. The measure and reporters can in fact be required to eye. was not considered on the Senate floor testify in Federal court proceedings. The protections are there. There is in the last Congress and so we begin The bill very carefully balances the already sufficient judicial restraint on the process again today with House need to protect the national security moving to bring to cause these journal- consideration. with the need to assure the free flow of ists who speak. Their sources are pro- The Free Flow of Information Act information. tected substantially by the tradition protects the public’s right to know. Madam Speaker, it is a carefully and the effects of the court. This is really not about protecting written measure which strengthens And I will submit also another argu- journalists, as my friend from Texas freedom of the press and protects the ment, Madam Speaker, and that is that would suggest. The privilege is con- public’s right to know. I strongly urge special professional protection is preferred upon journalists, but it is for the its approval today by the House. served by the States for certain profes- purpose of protecting the public’s right I reserve the balance of my time. sions. Priests and pastors, for example. to know. Mr. SMITH of Texas. Madam Speak- They are considered to have a certain The bill promotes the flow of infor- er, I yield 3 minutes to the gentleman privilege with the people that they mation to the public about matters of from Iowa (Mr. KING), a member of the counsel and minister to, and we try not large public interest where public dis- Judiciary Committee. to crack into that source. And there closure is needed so that corrective ac- Mr. KING of Iowa. Madam Speaker, I will be other examples. tion can be taken in order to prevent thank the gentleman for yielding and For example, a medical doctor or any or correct a deep harm to society, so for his leadership on this issue. type of a doctor who has patients. The

VerDate Nov 24 2008 03:52 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.084 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4207 patient and the doctor relationship is Mr. BOUCHER. Madam Speaker, this promise in this bill would not have protected in confidentiality. And we is a deeply bipartisan measure with bi- been possible. have attorney-client relations, too, partisan participation in the construc- The bill is known as the Federal that we are very well familiar with in tion, committee consideration and Media Shield. It provides a qualified this Congress. All of those are profes- drafting of the legislation. privilege of confidential sources to sional relationships. All of those are I am pleased now to recognize for 5 journalists, enabling them to shield relationships with people who are minutes the principal Republican spon- sources in most instances from disclo- skilled. sor of the measure, who has long been sure. But the bill is not about pro- The SPEAKER pro tempore. The committed to freedom of the press and tecting journalists; it is about pro- time of the gentleman has expired. promoting the public’s right to know, tecting the public’s right to know. Mr. SMITH of Texas. I yield the gen- the gentleman from Indiana (Mr. It received wide bipartisan support in tleman an additional 2 minutes. PENCE). the last Congress, and I hope in this, Mr. KING of Iowa. I thank the gen- (Mr. PENCE asked and was given per- because we addressed the very real and tleman from Texas. mission to revise and extend his re- legitimate concerns about how a privi- Madam Speaker, all of those profes- marks.) lege for journalists could impact secu- sions that I mentioned are professions Mr. PENCE. I thank the gentleman rity at the national level. The Federal where we have people that are trained, for yielding. Government, we acknowledge, is that are essentially certified, whether Madam Speaker, I come to the floor tasked with the tremendous responsi- it is by their denomination, by their today in support of the Free Flow of bility of protecting our country, and education, or by their licensing, and Information Act of 2009. I do so with a we must also keep national security those privileges are preserved for clear profound sense of humility and with a concerns in the forefront. I submit, the reasons. This is a privilege that is pre- sense of privilege about being able to Free Flow of Information Act does just served for the sake of protecting the come to the floor today in support of that. journalist only, and without an abuse this thoughtful and bipartisan measure Many Americans will assume that of that confidentiality at this point, that may, may well, be a lasting con- the fining and imprisonment of jour- without a judicial abuse. tribution to the vitality of liberty in nalists is something confined to tyran- Seventeen cases in 25 years, I would this Nation. nical regimes in far corners of the make the argument that this is a solu- The Constitution of the United world. They might be surprised to tion in search of a problem. It is some- States provides: Congress shall make learn that the United States does not thing that I think sends a message out no law abridging the freedom of speech have a Federal law on the books that to the journalistic world. And maybe or of the press. Not since those words prevents that from occurring. More those of us who will stand up against it were adopted has this body needed to than three-fourths of State Attorneys will be subject to a certain amount of legislate to ensure the freedom of the General have written Congress in sup- public criticism. I can face that. I have press. Not until today. We do so be- port of this legislation. In fact, 49 faced a lot of it. It is part of the price cause, sadly, the free and independent States and the District of Columbia of being in the public eye. Part of the press in this country is under fire. In had already recognized a journalist’s price of being a journalist then is to on recent years, more than 30 journalists privilege to protect confidential a rare occasion, out of the thousands of have been subpoenaed, questioned, or sources. journalists, 17 in a quarter of a century held in contempt for failure to reveal It is important to emphasize, this bill have been brought forward and said it their confidential sources. only provides a qualified privilege; is in the interests of the court that you For a journalist, maintaining the as- meaning, the disclosure of a source’s go ahead and divulge your source, or at surance of confidentiality of a source is identity may be required in certain sit- least divulge the information. sometimes the only way to bring for- uations, as described by my colleague And I know that there has been an ef- ward news of great consequence to the from Virginia. fort made to tighten this legislation up Nation. Being forced to reveal sources With this I close: Long ago, Thomas a little bit, and I appreciate the gentle- chills the reporting of the news and re- Jefferson warned, ‘‘Our liberty cannot man’s work and due diligence on this. stricts the free flow of information to be guarded but by the freedom of the One of the words that was added to the the public. press nor that limited without danger definition of a covered person is the As a conservative who believes in of losing it.’’ Jefferson’s words ring word a person who regularly, the word limited government, I believe the only into this chamber today. ‘‘regularly’’ gathers, prepares, collects, check on government power in real- The passage of the Free Flow of In- photographs, records, writes, edits, re- time is a free and independent press. A formation Act I believe is necessary ports, or publishes news or informa- free press ensures the flow of informa- and consistent with that charge to not tion. tion to the public. And, let me say, only explicitly and fully provide for This definition of a covered person is during a time when the role of the gov- the freedom of the press in our Nation tightened up because they have to be ernment in our lives and in our enter- but protect the liberty of future gen- regular rather than irregular in their prises seems to grow every day, ensur- erations. behavior; but I think this covers about ing the vitality of a free and inde- With the bipartisan support of my anybody that is a journalist, unless pendent press is more important than colleagues and Congress and this new they are listed in the exemptions rath- ever. administration, let us seize this oppor- er than the definition of the bill, In order to maintain this charge, I tunity to put a stitch in this tear in Madam Speaker. coauthored the Free Flow of Informa- the first amendment, freedom of the So I will submit that the level of pro- tion Act with my colleague from Vir- press, and let us do our part to ensure fessionalism that has been dem- ginia, Congressman RICK BOUCHER. I the vitality of a free and independent onstrated, although there are many would like to take a moment to thank press for ourselves and our posterity. high-quality professionals in the jour- my partner in this legislation. He is I urge my colleagues to join me and nalistic business, has not risen to the truly the gentleman from Virginia. For our bipartisan support for the Free level where I am willing to give that over 4 years, we have worked on this Flow of Information Act of 2009. kind of professional special protection, issue in a spirit of bipartisanship. RICK Mr. SMITH of Texas. Madam Speak- especially because we have had na- BOUCHER is a champion of the first er, I yield 2 minutes to the gentleman tional secrets that have been divulged amendment. It has been my great from Texas (Mr. POE), who is also a into the national and international privilege to work with him. member of the Judiciary Committee media arena, done so out of this pos- I also want to commend the chair- and a member of the Crime Sub- turing of it is a public service to di- man of this committee, Chairman CON- committee. And I am yielding him 2 vulge national secrets. And I will sub- YERS, Vice Ranking Member BOB GOOD- minutes in the hopes that he will re- mit, Madam Speaker, that that is not LATTE, and Representatives COBLE and consider his position. in our national interest, and I oppose BLUNT, without whose efforts in the Mr. POE of Texas. I thank the gen- this bill. last Congress the bipartisan com- tleman for yielding. I have the greatest

VerDate Nov 24 2008 03:52 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.086 H31MRPT1 jbell on PROD1PC69 with HOUSE H4208 CONGRESSIONAL RECORD — HOUSE March 31, 2009 respect for the ranking member, my has no journalistic experience cannot I would like to respond quickly to friend, Mr. SMITH from Texas, and I ap- attempt to protect himself by creating two things that were said by my col- preciate his legal analysis of this legis- a blog overnight. league from Iowa (Mr. KING). One is lation. But I do rise in support of the In addition, the bill contains a broad- that there is no need to give special Free Flow of Information Act. er exception that allows compelled dis- protection to the media. As Mr. PENCE This act is a Federal shield law that closure of information when national pointed out, the Founding Fathers de- would protect the identities of report- security is at stake, when there are cided to give special protection to the ers’ confidential sources. By protecting leaks of classified information, and media. They granted them freedom of the sources of reporters, we protect the when the journalist was an eyewitness the press. And there is no freedom of public interest and the free flow of in- to a criminal act or tort. the press without the ability to protect formation to the public. Forty-nine This legislation will enhance the your sources. And secondly, there was States and D.C. have some form of pro- freedom of the press and thus provide a question raised as to whether there tection for reporters’ confidential for a more informed and engaged citi- was an abundance of information that sources, but there is no Federal stand- zenry. In addition, the improvements would demonstrate a need. We don’t ard in place. This lack of consistency to the bill will help ensure that the in- know how many thousands of potential actually weakens State shield laws. terests of justice and national security sources have been silenced by fear that Madam Speaker, if reporters back in are protected. they might be revealed in the press. It Texas are worried about reporting the It is for these reasons that I support is kind of like saying ‘‘we haven’t been whole story to the public because the Free Flow of Information Act and attacked since 9/11.’’ We don’t know. someone might slap a subpoena in their urge my colleagues to support it as But we do know, as in the case of Jef- face, the public suffers. Whistleblowers well. I want to thank all those who frey Wigand, what happens when a and other potential sources are more have worked on this measure on both source is revealed. hesitant to come forward with informa- sides of the issue. I think we have cre- So once again, as someone who has tion. ated an improved bill and one that I spent many years as a writer and edi- Even though I am a former pros- am very pleased and proud to support. tor in the United States and who is ecutor, prosecutors should not make Mr. SMITH of Texas. Madam Speak- very grateful for the protections of the their criminal cases based upon con- er, we just have one more speaker on first amendment, I strongly urge my fidential information that is given to this side, so I will reserve the balance colleagues to support this important reporters by forcing those reporters be- of my time. legislation. fore grand juries to reveal the names of Mr. BOUCHER. Madam Speaker, at Mr. SMITH of Texas. Madam Speak- those sources. this time, I’m pleased to yield 2 min- er, I yield myself the balance of my This bill protects the first amend- utes to the gentleman from Kentucky time. (Mr. YARMUTH). ment; in fact, it encourages the first Madam Speaker, Congress should not amendment, while making appropriate Mr. YARMUTH. Thank you for yielding. And I want to congratulate my legislate in the absence of a problem. exceptions for some serious criminal And here, there is no problem. The Su- friend, Mr. BOUCHER and also Mr. investigations. preme Court ruled in 1972 that no re- PENCE for this terrific piece of legisla- b 1745 tion. porter’s privilege is found in the Con- I want to thank my colleague from Madam Speaker, I rise as a proud stitution or the common law. Virginia for introducing this important member of the Society of Professional In the past 37 years, thousands of sto- piece of legislation that supports the Journalists in strong support of the ries about malfeasance and scandals first amendment provision of a free Free Flow of Information Act. have been reported by local, national press and encourages free speech by As a former journalist, I have seen and international news outlets in the citizens. Therefore I urge the adoption the assurance of anonymity put a United States. These stories have cov- of this legislation. frightened insider at ease and turn a ered a variety of subjects, many with Mr. BOUCHER. Madam Speaker, at reluctant source into an eye-opening the participation of anonymous this time, I’m pleased to yield 3 min- wealth of information. sources. utes to the vice ranking member of the In my hometown of Louisville, we Yet the premise of H.R. 985 is contra- House Judiciary Committee, a distin- witnessed what happens when a dicted by the facts. These stories were guished Republican Member of this source’s identity is not protected. written despite no Federal shield bill. House and a good friend with whom I’m There, Jeffrey Wigand, the famous to- In fact, let’s examine a real-world ex- pleased to serve in the Virginia delega- bacco whistleblower, was victimized by ample illustrating how the media tion, the gentleman from Virginia (Mr. threats and intimidation, ultimately might use this privilege. Supporters of GOODLATTE). losing his job, his family and his home. H.R. 985 often cite the so-called Mr. GOODLATTE. I thank the gen- His selfless efforts are largely seen as ‘‘BALCO case’’ as a justification for tleman for yielding. heroic, but for many, the lesson is: If the bill. But what really happened? Madam Speaker, I rise in support of you have sensitive information that BALCO was an organization involved H.R. 985, the Free Flow of Information would benefit the American public, in the illegal distribution of steroids to Act, which will encourage whistle- keep it to yourself. professional athletes. Reporters for the blowers by protecting journalists’ con- We also know that if it had not been San Francisco Chronicle wrote more fidential sources. This bipartisan bill for the confidence of sources that they than 100 stories on the case without will bolster the free press as a very im- wouldn’t be revealed that the incident benefit of illegally leaked grand jury portant check on government power. at the Watergate and the more recent testimony. But an attorney for one of I had concerns with this legislation scandals at Walter Reed Hospital the defendants eventually leaked testi- last year when we considered it in the might never have come to light. mony, which the reporters used in Judiciary Committee, and I worked In a time when we have seen how the other stories. with my good friends, Representatives inner workings of corporations and During an investigation, the lawyer BOUCHER and PENCE, to have many of government can have catastrophic ef- stated under oath that he had not these items addressed before it reached fects on our country as a whole, it is as leaked information. In fact, he claimed the House floor. important as ever to protect this con- the government leaked it, thereby cre- For example, the bill now requires duit to information, the anonymous ating a pretext for him to request that that in order to receive the protections source. Until we can guarantee that se- the court dismiss the case against his of the media shield law, a journalist curity, good journalists will be jailed, client. He was eventually exposed and must be engaged in the ‘‘regular’’ prac- conscience-driven and law-abiding prosecuted. Nothing was done to the tice of journalism for ‘‘a substantial Americans will be silenced, and infor- reporters who refused to identify their portion of the person’s livelihood’’ or mation that is critical to all of our source. In other words, the BALCO re- ‘‘for substantial financial gain.’’ This lives will be locked away from the porters used illegally-leaked informa- will help ensure that an individual who American people. tion they didn’t need to report on the

VerDate Nov 24 2008 03:52 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.088 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4209 case, all the while protecting a disrepu- ing confidential information sources. cies should enable our news organizations to table attorney who perjured himself be- But the purpose of our legislation is thrive and engage in the news gathering and fore a Federal Court. Yet this case is not to protect reporters. It is to pro- analysis the American people expect. cited as a modern-day justification for tect the public’s right to know, to en- Essential to this effort is the media shield a shield bill to protect reporters and sure that sensitive information that law we debate today. ‘‘the public’s right to know.’’ can only come from an inside source Nearly all states have recognized the impor- But what happened in BALCO pales reporting on something that is hap- tance of a free press with some form of a in comparison to what may happen to pening to the disadvantage of govern- press shield protecting the confidentiality of crime-fighting and national security if ment, because of corruption in a bu- journalists’ sources. However, that protection this bill becomes law. The Justice De- reau or agency, or a harm to society is lacking at the federal level and in federal partment has developed internal guide- that is occurring because of misdeeds courts. lines that govern how they interact in a large organization like a corpora- This has hampered the essential work of the with reporters during investigations. tion or a large public charity can, be- press. In recent years, more than 40 reporters For example, these guidelines require cause of an act of conscience by that have been subpoenaed for the identities of U.S. Attorneys to obtain information inside person, come to public scrutiny confidential sources in nearly a dozen cases. The federal government’s policies and ac- through alternative sources when pos- in a way that the public can then take tions should protect and preserve the press’s sible. But the biggest difference be- corrective action by passing a statute, ability to speak truth to power. This legislation tween the guidelines and the bill is by initiating a lawsuit, or by initiating does so with appropriate national security that the guidelines are administered a criminal prosecution. And if that in- safeguards, striking a careful balance between flexibly. In an age of terrorism when side person is not assured confiden- liberty and security. the timely acquisition of information tiality, if there is an opportunity for Freedom of the press has long been an is indispensable to crime-fighting, U.S. that person’s identity to be exposed, issue of importance to many of us in this Attorneys should not have to spend that person is going to be very reluc- body. When I was Ranking Member of the In- time satisfying the multipart test of tant to share information with a re- telligence Committee, I encouraged President H.R. 985. porter to bring that information to Clinton to veto an Intelligence Authorization The entire structure of the bill in- public light. That person has a tremen- bill that would have made it easier to pros- flexibly requires the Department of dous amount to lose if his or her iden- ecute journalists. We fixed those provisions Justice to meet certain threshold re- tity is revealed. That person can be and passed a bill that both protected our na- quirements before they can acquire punished by firing from his or her job tion and protected our fundamental freedoms. some information. Exceptions in the or through more subtle means. Madam Speaker, today we have an oppor- bill to provide greater access to such So, in the absence of the ability of tunity to strengthen and protect the freedom of information are limited and do not the reporter to extend the pledge of the press that has served our nation so well cover a wide range of Federal criminal confidentiality, there is the very real and to protect all journalists. investigations. And the prospective na- risk that that vital information will As we protect and defend our nation, we ture of some of the exceptions, to pre- never come to public light. must now protect and defend the Constitution vent a terrorist attack or imminent This legislation is carefully balanced. by enabling our press to be free, as our bodily harm, will not help in investiga- It has protections for the national se- Founders envisioned. I urge my colleagues to tions after an attack has already oc- curity which are deeply embedded give this legislation the strong bipartisan vote curred. within the measure. And those were it deserves. We have seen time and time again in placed there through the careful bipar- Mr. WU. Madam Speaker, I rise today in the last few weeks where rushing legis- tisan work of the House Judiciary strong support of the Free Flow of Information lation through without benefit of a Committee when we had our extensive Act, and I thank the chairman for his work on hearing or expert testimony has led to markup of this measure 2 years ago. this important legislation. unintended consequences. Regarding The bill before us today is identical to Madam Speaker, our nation’s founders un- this bill, we still haven’t heard what that measure. It passed the House 2 derstood that a free and independent press is the Attorney General or the Director years ago by a vote of 398–21. And it is the lifeblood of a functioning democracy. of National Intelligence thinks about deserving today of the same strong Confidential sources supply journalists with it. We do know that in the last admin- support by the House of Representa- critical information on matters of public impor- istration, all these individuals opposed tives. tance. The freedom of the press to cultivate it. So, Madam Speaker, I strongly en- relationships with confidential sources facili- Today, only 20 minutes are allowed courage the passage of the Free Flow of tates this vital exchange. in opposition to this bill. Yet it might Information Act. I thank the bipar- These relationships should be protected, be- well lead to heinous crimes that could tisan cosponsors and all of those who cause it is fundamentally in the interest of our have been prevented or solved. Ter- have participated with us as this meas- republic that the free exchange of ideas and rorism hasn’t gone away since the elec- ure has been written. information remain unadulterated. tion. Neither has domestic crime. The Ms. PELOSI. Madam Speaker, I rise today We must never silence those who inform primary function of government is to in strong support of legislation that helps to our democracy. I urge my colleagues to join me in sup- protect people. And this bill greatly ensure freedom of the press. This right is a porting this important legislation. complicates the ability of the govern- cornerstone of our democracy, and a principle Mr. BOUCHER. I yield back the bal- ment to prevent and solve crime. The that we cherish and promote around the world. ance of my time. press doesn’t need H.R. 985 to do its Arthur Hays Sulzberger once said, ‘‘Free- The SPEAKER pro tempore. The job. And the public can’t afford to have dom of the press . . . belongs to everyone— question is on the motion offered by the government make it easier for ter- to the citizen as well as the publisher . . . The the gentleman from Michigan (Mr. rorists and other criminals. crux is not the publisher’s ‘freedom to print’; it CONYERS) that the House suspend the Madam Speaker, I hope my col- is, rather, the citizen’s ‘right to know.’ ’’ rules and pass the bill, H.R. 985. leagues will oppose this well-inten- The right to know, as provided by a free The question was taken; and (two- tioned but ultimately misguided piece press, keeps our nation informed and holds thirds being in the affirmative) the of legislation. those of us in government accountable. rules were suspended and the bill was With that, I will yield back the bal- It is appropriate that we debate media shield passed. ance of my time. legislation in the same week that we will de- A motion to reconsider was laid on Mr. BOUCHER. Madam Speaker, I bate the federal budget. Because this legisla- the table. yield myself the balance of my time. tion will make clear to confidential sources that f Madam Speaker, I strongly urge the they will be protected in most circumstances passage of the Free Flow of Informa- when they bring forward public evidence of ALIEN SMUGGLING AND TER- tion Act. It is legislation which confers waste, fraud and abuse in government and in RORISM PREVENTION ACT OF upon reporters a privilege either to re- the private sector. 2009 frain from testifying in certain cir- News organizations are facing serious eco- Ms. JACKSON-LEE of Texas. Madam cumstances or to refrain from reveal- nomic challenges across the country. Our poli- Speaker, I move to suspend the rules

VerDate Nov 24 2008 03:52 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.090 H31MRPT1 jbell on PROD1PC69 with HOUSE H4210 CONGRESSIONAL RECORD — HOUSE March 31, 2009 and pass the bill (H.R. 1029) to amend (1) by amending the subsection heading to nancial gain, be fined under title 18, United the Immigration and Nationality Act read as follows: ‘‘BRINGING IN, HARBORING, States Code, or imprisoned not more than 10 and title 18, United States Code, to AND SMUGGLING OF UNLAWFUL AND TERRORIST years, or both; combat the crime of alien smuggling ALIENS.—’’; ‘‘(vii) if the offense involves the transit of and related activities, and for other (2) by amending paragraphs (1) through (2) the defendant’s spouse, child, sibling, parent, to read as follows: grandparent, or niece or nephew, and the of- purposes, as amended. ‘‘(1)(A) Whoever, knowing or in reckless fense is not described in any of clauses (i) The Clerk read the title of the bill. disregard of the fact that an individual is an through (vi), be fined under title 18, United The text of the bill is as follows: alien who lacks lawful authority to come to, States Code, or imprisoned not more than 1 H.R. 1029 enter, or reside in the United States, know- year, or both; and Be it enacted by the Senate and House of Rep- ingly— ‘‘(viii) in any other case, be fined under resentatives of the United States of America in ‘‘(i) brings that individual to the United title 18, United States Code, or imprisoned Congress assembled, States in any manner whatsoever regardless not more than 5 years, or both. SECTION 1. SHORT TITLE. of any future official action which may be ‘‘(2)(A) There is extraterritorial jurisdic- This Act may be cited as the ‘‘Alien Smug- taken with respect to such individual; tion over the offenses described in paragraph gling and Terrorism Prevention Act of 2009’’. ‘‘(ii) recruits, encourages, or induces that (1). SEC. 2. FINDINGS. individual to come to, enter, or reside in the ‘‘(B) In a prosecution for a violation of, or The Congress makes the following findings: United States; an attempt or conspiracy to violate, sub- (1) Alien smuggling by land, air and sea is ‘‘(iii) transports or moves that individual section (a)(1)(A)(i), (a)(1)(A)(ii), or (a)(1)(B), a transnational crime that violates the in- in the United States, in furtherance of their that occurs on the high seas, no defense tegrity of United States borders, com- unlawful presence; or based on necessity can be raised unless the promises our Nation’s sovereignty, places ‘‘(iv) harbors, conceals, or shields from de- defendant— the country at risk of terrorist activity, and tection the individual in any place in the ‘‘(i) as soon as practicable, reported to the contravenes the rule of law. United States, including any building or any Coast Guard the circumstances of the neces- (2) Aggressive enforcement activity means of transportation; sity, and if a rescue is claimed, the name, description, registry number, and location of against alien smuggling is needed to protect or attempts or conspires to do so, shall be the vessel engaging in the rescue; and our borders and ensure the security of our punished as provided in subparagraph (C). ‘‘(ii) did not bring, attempt to bring, or in Nation. The border security and anti-smug- ‘‘(B) Whoever, knowing that an individual any manner intentionally facilitate the gling efforts of the men and women on the is an alien, brings that individual to the entry of any alien into the land territory of Nation’s front line of defense are to be com- United States in any manner whatsoever at the United States without lawful authority, mended. Special recognition is due the De- a place, other than a designated port of unless exigent circumstances existed that partment of Homeland Security through the entry or place designated by the Secretary of United States Border Patrol, United States placed the life of that alien in danger, in Homeland Security, regardless of whether Coast Guard, Customs and Border Protec- which case the reporting requirement set such individual has received prior official au- tion, and Immigration and Customs Enforce- forth in clause (i) is satisfied by notifying thorization to come to, enter, or reside in ment, and the Department of Justice the Coast Guard as soon as practicable after the United States and regardless of any fu- through the Federal Bureau of Investigation. delivering the alien to emergency medical or ture official action which may be taken with (3) The law enforcement community must law enforcement personnel ashore. respect to such individual, or attempts or be given the statutory tools necessary to ad- ‘‘(C) It is not a violation of, or an attempt conspires to do so, shall be punished as pro- dress this security threat. Only through ef- or conspiracy to violate, clause (iii) or (iv) of vided in subparagraph (C). fective alien smuggling statutes can the Jus- paragraph (1)(A), or paragraph (1)(A)(ii) (ex- ‘‘(C) Whoever commits an offense under tice Department, through the United States cept if a person recruits, encourages, or in- Attorneys’ Offices and the Domestic Secu- this paragraph shall, for each individual in duces an alien to come to or enter the United rity Section of the Criminal Division, pros- respect to whom such a violation occurs— States), for a religious denomination having ecute these cases successfully. ‘‘(i) if the offense results in the death of a bona fide nonprofit, religious organization (4) Alien smuggling has a destabilizing ef- any person, be fined under title 18, United in the United States, or the agents or officer fect on border communities. State and local States Code, and subject to the penalty of of such denomination or organization, to en- law enforcement, medical personnel, social death or imprisonment for any term of years courage, invite, call, allow, or enable an service providers, and the faith community or for life; alien who is present in the United States to play important roles in combating smug- ‘‘(ii) if the offense involves kidnapping, an perform the vocation of a minister or mis- gling and responding to its effects. attempt to kidnap, the conduct required for sionary for the denomination or organization (5) Existing penalties for alien smuggling aggravated sexual abuse (as defined in sec- in the United States as a volunteer who is are insufficient to provide appropriate pun- tion 2241 of title 18, United States Code, not compensated as an employee, notwith- ishment for alien smugglers. without regard to where it takes place), or standing the provision of room, board, trav- (6) Existing alien smuggling laws often fail an attempt to commit such abuse, or an at- el, medical assistance, and other basic living to reach the conduct of alien smugglers, tempt to kill, be fined under title 18, United expenses, provided the minister or mis- transporters, recruiters, guides, and boat States Code, or imprisoned for any term of sionary has been a member of the denomina- captains. years or life, or both; tion for at least one year. (7) Existing laws concerning failure to ‘‘(iii) if the offense involves an individual ‘‘(D) For purposes of this paragraph and heave to are insufficient to appropriately who the defendant knew was engaged in or paragraph (1)— punish boat operators and crew who engage intended to engage in terrorist activity (as ‘‘(i) the term ‘United States’ means the in the reckless transportation of aliens on defined in section 212(a)(3)(B)), be fined under several States, the District of Columbia, the the high seas and seek to evade capture. title 18, United States Code, or imprisoned Commonwealth of Puerto Rico, Guam, Amer- (8) Much of the conduct in alien smuggling not more than 30 years, or both; ican Samoa, the United States Virgin Is- rings occurs outside of the United States. ‘‘(iv) if the offense results in serious bodily lands, the Commonwealth of the Northern Extraterritorial jurisdiction is needed to en- injury (as defined in section 1365 of title 18, Mariana Islands, and any other territory or sure that smuggling rings can be brought to United States Code) or places in jeopardy the possession of the United States; and justice for recruiting, sending, and facili- life of any person, be fined under title 18, ‘‘(ii) the term ‘lawful authority’ means tating the movement of those who seek to United States Code, or imprisoned not more permission, authorization, or waiver that is enter the United States without lawful au- than 20 years, or both; expressly provided for in the immigration thority. ‘‘(v) if the offense is a violation of para- laws of the United States or the regulations (9) Alien smuggling can include unsafe or graph (1)(A)(i) and was committed for the prescribed under those laws and does not in- recklessly dangerous conditions that expose purpose of profit, commercial advantage, or clude any such authority secured by fraud or individuals to particularly high risk of in- private financial gain, or if the offense was otherwise obtained in violation of law or au- jury or death. committed with the intent or reason to be- thority that has been sought but not ap- lieve that the individual unlawfully brought proved.’’. SEC. 3. CHECKS AGAINST TERRORIST WATCHLIST. into the United States will commit an of- SEC. 5. MARITIME LAW ENFORCEMENT. The Secretary of Homeland Security shall, fense against the United States or any State (a) PENALTIES.—Subsection (b) of section to the extent practicable, check against all that is punishable by imprisonment for more 2237 of title 18, United States Code, is amend- available terrorist watchlists those persons than 1 year, be fined under title 18, United ed to read as follows: suspected of alien smuggling and smuggled States Code, and imprisoned, in the case of a ‘‘(b) Whoever intentionally violates this individuals who are interdicted at the land, first or second violation, not less than 3 nor section shall— air, and sea borders of the United States. more than 10 years, and for any other viola- ‘‘(1) if the offense results in death or in- SEC. 4. STRENGTHENING PROSECUTION AND tion, not less than 5 nor more than 15 years; volves kidnapping, an attempt to kidnap, the PUNISHMENT OF ALIEN SMUG- ‘‘(vi) if the offense is a violation of para- conduct required for aggravated sexual abuse GLERS. graphs (1)(A)(ii), (iii), or (iv), or paragraph (as defined in section 2241 without regard to Section 274(a) of the Immigration and Na- (1)(B), and was committed for the purpose of where it takes place), or an attempt to com- tionality Act (8 U.S.C. 1324(a)) is amended— profit, commercial advantage, or private fi- mit such abuse, or an attempt to kill, be

VerDate Nov 24 2008 03:52 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.092 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4211 fined under such title or imprisoned for any (B) are part of an ongoing commercial or- offenses, and to clarify the necessity term of years or life, or both; ganization or enterprise; defense that applies to legitimate mar- ‘‘(2) if the offense results in serious bodily (C) involve aliens who were transported in itime rescues. injury (as defined in section 1365 of this title) groups of 10 or more; or transportation under inhumane condi- (D) involve the transportation or abandon- The bill also establishes for the first tions, be fined under this title, imprisoned ment of aliens in a manner that endangered time in Federal law that it is a serious not more than 15 years, or both; their lives; or felony to transport persons under inhu- ‘‘(3) if the offense is committed in the (E) involve the facilitation of terrorist ac- mane conditions, such as in an engine course of a violation of section 274 of the Im- tivity; and or storage compartment, or to inten- migration and Nationality Act (alien smug- (2) consider cross-references to the guide- tionally run vessels ashore at high gling); chapter 77 (peonage, slavery, and traf- lines for Criminal Sexual Abuse and At- ficking in persons), section 111 (shipping), tempted Murder. speed to escape apprehension. Those 111A (interference with vessels), 113 (stolen (c) EXPEDITED PROCEDURES.—The Commis- kinds of inhumane practices have re- property), or 117 (transportation for illegal sion may promulgate the guidelines or sulted in death or serious injury to nu- sexual activity) of this title; chapter 705 amendments under this section in accord- merous alien passengers. (maritime drug law enforcement) of title 46, ance with the procedures set forth in section The bill directs the Department of 21(a) of the Sentencing Act of 1987, as though or title II of the Act of June 15, 1917 (Chapter Homeland Security to check against 30; 40 Stat. 220), be fined under this title or the authority under that Act had not ex- imprisoned for not more than 10 years, or pired. all available terrorist watch lists those who are suspected of smuggling, as well both; and The SPEAKER pro tempore. Pursu- as smuggled individuals who are inter- ‘‘(4) in any other case, be fined under this ant to the rule, the gentlewoman from title or imprisoned for not more than 5 dicted at U.S. land, air and sea borders. Texas (Ms. JACKSON-LEE) and the gen- years, or both.’’. I want to thank the gentleman for (b) LIMITATION ON NECESSITY DEFENSE.— tleman from Utah (Mr. CHAFFETZ) each Section 2237(c) of title 18, United States will control 20 minutes. his foresight. As a member of the Code, is amended— The Chair recognizes the gentle- Homeland Security Committee as well, (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; woman from Texas. and a member of the committee, the (2) by adding at the end the following: chairperson of the committee that has b 1800 ‘‘(2) In a prosecution for a violation of this oversight over the watch list, I know section, no defense based on necessity can be GENERAL LEAVE how important an act this is, that it raised unless the defendant— Ms. JACKSON-LEE of Texas. Madam further ensures the security of Amer- ‘‘(A) as soon as practicable upon reaching Speaker, I ask unanimous consent that ica. shore, delivered the person with respect to all Members have 5 legislative days to which the necessity arose to emergency med- It provides tough penalties for the ical or law enforcement personnel; revise and extend their remarks and in- kind of serious smuggling offenses I ‘‘(B) as soon as practicable, reported to the clude extraneous material on the bill have just described, while distin- Coast Guard the circumstances of the neces- under consideration. guishing those offenses from family re- sity resulting giving rise to the defense; and The SPEAKER pro tempore. Is there unification or humanitarian efforts, for ‘‘(C) did not bring, attempt to bring, or in objection to the request of the gentle- which the penalties are appropriately any manner intentionally facilitate the woman from Texas? severe. entry of any alien, as that term is defined in There was no objection. section 101(a)(3) of the Immigration and Na- Ms. JACKSON-LEE of Texas. I yield While strengthening the current of- tionality Act (8 U.S.C. 1101 (a)(3)), into the myself such time as I may consume. fense language, the bill preserves im- land territory of the United States without Madam Speaker, this legislation, portant case law. For instance, it will lawful authority, unless exigent cir- remain a violation of Federal law not cumstances existed that placed the life of sponsored by BARON HILL of Indiana, is that alien in danger, in which case the re- particularly important to Texas, and I only to bring illegal aliens to the porting requirement of subparagraph (B) is want to congratulate the gentleman United States, but to bring any alien satisfied by notifying the Coast Guard as for his foresight and his leadership. across the border through places other soon as practicable after delivering that per- Maybe in his research he knows that than those designated as official entry son to emergency medical or law enforce- just a few short years ago we lost a ports. ment personnel ashore.’’. number of individuals, obviously smug- This is especially critical as Congress (c) DEFINITION.—Section 2237(e) of title 18, gled for wrong reasons into Texas, who United States Code, is amended— mandates that the Department of (1) by striking ‘‘and’’ at the end of para- died in an overheated 18-wheeler. And Homeland Security institute biometric graph (3); so this is a legislative initiative that is entry and exit systems. For an orderly (2) by striking the period at the end of long overdue. and fair immigration system to work, paragraph (4) and inserting ‘‘; and’’; and The legislation gives Federal pros- people must come in through the des- (3) by adding at the end the following: ecutors and agents stronger enforce- ignated sites. And certainly, I agree ‘‘(5) the term ‘transportation under inhu- ment weapons against human smug- with the gentleman as we look toward mane conditions’ means the transportation gling in all its forms, including human fixing that broken system. of persons in an engine compartment, stor- trafficking and slavery, smuggling re- age compartment, or other confined space, Finally, the bill directs the Sen- transportation at an excessive speed, translated to terrorism or espionage, and tencing Commission to consider pro- portation of a number of persons in excess of smuggling that involves kidnapping, viding sentencing enhancements for the rated capacity of the means of transpor- rape, serious injury or death. particularly egregious offenses, smug- tation, or intentionally grounding a vessel in The previous version of this bill gling aliens in a life-threatening man- which persons are being transported.’’. passed the House in the last Congress ner, abandoning them in the desert or SEC. 6. AMENDMENT TO THE SENTENCING 412–0. on a spit of land that will be submerged GUIDELINES. As I noted, in Texas, we see these (a) IN GENERAL.—Pursuant to its authority at high tide, or smuggling aliens to fa- losses regularly, including in our sister cilitate acts of terrorism. under section 994 of title 28, United States States, individuals dying who have Code, and in accordance with this section, been trafficked or smuggled, dying in I commend BARON HILL for his lead- the United States Sentencing Commission ership and his persistence on this bill. shall review and, if appropriate, amend the the desert out of desperation and And I commend Chairman JOHN CON- sentencing guidelines and policy statements thirst. And as I indicated, the par- applicable to persons convicted of alien ticular case that was so egregious in YERS and Ranking Member LAMAR smuggling offenses and criminal failure to Texas, people smothered to death in an SMITH of the Judiciary Committee, and heave to or obstruction of boarding. 18-wheeler in the heat of the summer. Chairman BENNIE THOMPSON and Rank- (b) CONSIDERATIONS.—In carrying out this Like the previous bill, H.R. 1029 ing Member PETER KING of the Home- section, the Sentencing Commission, shall— amends the alien smuggling provisions land Security Committee for their (1) consider providing sentencing enhance- in the Immigration and Nationality work in improving this bill and making ments or stiffening existing enhancements it a consensus, bipartisan measure. for those convicted of offenses described in Act, as well as the criminal provision subsection (a) that— for failure to ‘‘heave to,’’ to provide for I would like to include in the RECORD (A) involve a pattern of continued and fla- extraterritorial jurisdiction, to in- at this point an exchange of letters be- grant violations; crease maximum penalties for serious tween our two committees.

VerDate Nov 24 2008 05:00 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.049 H31MRPT1 jbell on PROD1PC69 with HOUSE H4212 CONGRESSIONAL RECORD — HOUSE March 31, 2009 HOUSE OF REPRESENTATIVES, provision for failure to ‘‘heave to,’’ to provide tough penalties necessary to punish COMMITTEE ON HOMELAND SECURITY, for extraterritorial jurisdiction, to increase max- these dangerous criminals and to deter Washington, DC, March 27, 2009. imum penalties for serious offenses, and to the criminal organizations that domi- Hon. JOHN CONYERS, Jr., nate the smuggling world today. These Chairman, Committee on the Judiciary, House clarify the necessity defense that applies to le- of Representatives, Rayburn House Office gitimate maritime rescues. organizations are increasingly sophisti- Building, Washington, DC. The bill also establishes for the first time in cated, international, profitable, and DEAR MR. CHAIRMAN: I am writing to you Federal law that it is a serious felony to trans- their means are ruthless and inhu- regarding H.R. 1029, the ‘‘Alien Smuggling port persons under inhumane conditions, such mane. and Terrorism Prevention Act of 2009,’’ in- as in an engine or storage compartment, or to For example, the recent media re- troduced on February 12, 2009, by Congress- intentionally run vessels ashore at high speed ports indicate kidnappings on the rise man Baron P. Hill. This legislation was ini- to escape apprehension. Those kinds of inhu- in Phoenix, Arizona. There were almost tially referred to the Committee on the Judi- ciary and, in addition, to the Committee on mane practices have resulted in death or seri- 370 reported kidnappings for ransom Homeland Security. ous injury to numerous alien passengers. there last year. However, it is difficult I recognize and appreciate your desire to The bill directs the Department of Homeland to know how many kidnappings actu- bring this bill before the House in an expedi- Security to check against all available terrorist ally occurred because many tious manner. Accordingly, I am willing to watch lists those who are suspected of smug- kidnappings were not reported to law waive further consideration of H.R. 1029. gling, as well as smuggled individuals, who enforcement officials. However, agreeing to waive consideration of are interdicted at U.S. land, air, and sea bor- Most of the kidnappings involve drug this bill should not be construed as the Com- ders. smugglers and human traffickers prey- mittee on Homeland Security waiving, alter- ing, or otherwise affecting its jurisdiction It provides tough penalties for the kind of ing on one another. The kidnap victims over H.R. 1029. serious smuggling offenses I’ve just described, are typically drug or alien smugglers Further, I request your support for the ap- while distinguishing those offenses from family or their family members who are taken pointment of Committee on Homeland Secu- reunification or humanitarian efforts, for which by fellow criminals and held for ran- rity conferees during any House-Senate con- the penalties are appropriately less severe. som. These victims are inviting targets ference convened on this or similar legisla- While strengthening the current offense lan- because they often have a lot of money, tion. Finally, I request that a copy of this guage, the bill preserves important case law. or can raise large sums of cash on short letter be included in the Congressional For instance, it will remain a violation of fed- Record during floor consideration of H.R. notice, and are unlikely to go to law 1029. I look forward to working with you on eral law not only to bring illegal aliens to the enforcement. this legislation and other matters of great United States, but to bring any alien across It may only be a matter of time be- importance to this nation. the border through places other than those fore the kidnappers start targeting Sincerely, designated as official entry ports. law-abiding citizens, so we must do BENNIE G. THOMPSON, This is especially critical as Congress man- more to deter, identify and arrest these Chairman. dates that the Department of Homeland Secu- alien smugglers. rity institute biometric entry and exit systems. H.R. 1029 directs the Department of HOUSE OF REPRESENTATIVES, For an orderly and fair immigration system to Homeland Security to check the names COMMITTEE ON THE JUDICIARY, Washington, D.C., March 26, 2008. work, people must come in through the des- of alien smuggling suspects who have Hon. BENNIE G. THOMPSON, ignated sites. been interdicted at a land, air or sea Chairman, Committee on Homeland Security, Finally, the bill directs the Sentencing Com- border against all available terrorist House of Representatives, Washington, DC. mission to consider providing sentencing en- watch lists. DEAR MR. CHAIRMAN: Thank you for your hancements for particularly egregious of- The bill also creates enhanced pen- letter regarding your Committee’s jurisdic- fenses—smuggling aliens in a life-threatening alties for alien smuggling, including tional interest in H.R. 1029, the Alien Smug- manner, abandoning them in the desert or on tough sentences for smuggling that re- gling and Terrorism Prevention Act of 2009. I appreciate your willingness to support a spit of land that will be submerged at high sults in serious bodily injury or death. expediting floor consideration of this impor- tide, or smuggling aliens to facilitate acts of Any person convicted of kidnapping, tant legislation. I acknowledge that H.R. terrorism. aggravated sexual abuse or an attempt 1029 contains provisions under the jurisdic- I commend BARON HILL for his leadership to kill as part of an alien smuggling tion of the Committee on Homeland Secu- and persistence on this bill. And I commend scheme will now face life in prison. rity. I understand and agree that your will- Chairman JOHN CONYERS and Ranking Mem- H.R. 1029 imposes a penalty of up to ingness to waive further consideration of the ber LAMAR SMITH of the Judiciary Committee, 30 years imprisonment for smugglers bill is without prejudice to your Commit- and Chairman BENNIE THOMPSON and Ranking who know that the alien they bring to tee’s jurisdictional interests in this or similar legislation in the future. In the event a Member PETER KING of the Homeland Security the United States intends to engage in House-Senate conference on this or similar Committee, for their work in improving this bill terrorist activities. legislation is convened, I would support your and making it a consensus, bipartisan meas- Lastly, the bill amends the criminal request for an appropriate number of con- ure. statutes to add penalties for maritime ferees. Mr. Speaker, I reserve the balance of offenses committed in the course of I will include a copy of your letter and this my time. smuggling, trafficking, shipping, stolen response in the Congressional Record in the Mr. CHAFFETZ. Mr. Speaker, I yield property or drug trafficking. debate on the bill. Thank you for your co- myself such time as I may consume. operation as we work towards enactment of H.R. 1029 will help Federal law en- this legislation. Mr. HILL introduced H.R. 1029, the forcement and prosecutors put alien Sincerely, Alien Smuggling and Terrorism Pre- smugglers behind bars and send a clear JOHN CONYERS, Jr., vention Act of 2009, which improves the message that these criminal syndicates Chairman. Federal Government’s ability to com- and the violence they pose to innocent I urge my colleagues to support this bat alien smuggling. I am a cosponsor civilians will not be tolerated. important legislation. of this legislation. I urge my colleagues to support this Mr. Speaker, this legislation, sponsored by But alien smuggling defines a group bill, and I reserve the balance of my BARON HILL of Indiana, gives Federal prosecu- of crimes that involve the recruiting, time. tors and agents stronger enforcement weap- transportation or harboring of an alien Ms. JACKSON-LEE of Texas. Mr. ons against human smuggling in all its forms, who does not have the lawful authority Speaker, it is my pleasure to now yield including human trafficking and slavery; smug- to be in the United States of America. to the distinguished sponsor of the leg- gling related to terrorism or espionage; and This legislation is a direct response to islation, Mr. BARON HILL of Indiana, for smuggling that involves kidnaping, rape, seri- the increasing concern of Federal pros- such time as he might consume. ous injury, or death. ecutors that the current alien smug- (Mr. HILL asked and was given per- The previous version of this bill passed the gling statute is inadequate in the face mission to revise and extend his re- House in the last Congress unanimously, 412 of rampant alien smuggling and human marks.) to 0. trafficking by organized criminal syn- Mr. HILL. Mr. Speaker, in the year Like the previous bill, H.R. 1029 amends the dicates. 2007, I introduced the Alien Smuggling alien smuggling provisions in the Immigration The current statute is a patchwork of and Terrorism Prevention Act. And as and Nationality Act, as well as the criminal amendments that does not provide the has already been mentioned, it passed

VerDate Nov 24 2008 03:52 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.050 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4213 this House without any opposition, and Ms. JACKSON-LEE of Texas. Mr. facilitated the smuggling incident when a it has bipartisan support. Speaker, again, I’d like to congratulate crowded trailer was found abandoned at a When I came to Congress, back to the gentleman from Indiana (Mr. HILL) truck stop in Victoria, 100 miles southwest of Congress, I should say, in the year 2006, for his leadership on this issue. This is Houston, Texas. The 14 were charged with immigration was a very hot issue, and a legislative initiative that really is various counts of conspiracy to conceal or so I wanted to look at ways that we long overdue. And I’d like to respond as transport immigrants. Twelve could face the could provide Americans some relief. well to the point that he made that death penalty if prosecutors decide to pursue And one of the shocking things that I was very, very succinct but also very, it. More than 70 immigrants from Mexico, Cen- learned was the fact that if you smug- very potent about the need for com- tral America, and the Dominican Republic gle an illegal alien in here, either prehensive reform. He is right. As he were crammed into the tractor-trailer. Among against their will or willfully, it is only returned to the United States Con- the dead was a 5-year-old boy from Mexico. a misdemeanor, with a prison term for gress, it was an enormously vigorous Seventeen immigrants died at the scene, and under 1 year and a small fine; and I debate. I believe some of the satellite 2 others died later. didn’t think that that was justified. hearings might have wound up in Indi- My preference is to provide the Border Pa- As has already been mentioned here ana that were held by the U.S. House of trol with the additional agents, equipment, and by Congresswoman JACKSON-LEE, it Representatives. resources it needs to secure the border. I passed overwhelmingly without opposi- If we are to complement this legisla- have introduced legislation that would meet tion, and this year it does have, again, tion, we also need to engage in com- these needs by providing critical resources bipartisan support. The bill failed in prehensive immigration reform so and support for the men and women who en- the Senate. For whatever reason, the there are laws that will govern the in- force our immigration, customs, and other Senate did not pass it. That is the rea- gress and egress of individuals here in laws. This would include adding 15,000 Border son why I have introduced it again, and the United States. That is a very im- Patrol agents over the next five years, increas- have bipartisan support. portant statement and challenge that ing the number of agents from 11,000 to I’m glad that Representative we have. And, therefore, as we move 26,000. It would require the Secretary of CHAFFETZ is on the bill, and also the this legislation along and give a firm Homeland Security to respond rapidly to bor- ranking member of the Judiciary Com- response of intolerance to those who der crises by deploying up to 1,000 additional mittee, Representative LAMAR SMITH. would human traffic or engage in traf- Border Patrol agents to a State when a border My bill, as has already been said, ficking slaves, or to cause the loss of security emergency is declared by the Gov- would significantly increase penalties life or the dastardly treatment of indi- ernor. It would add 100,000 more detention against human smugglers and traf- viduals, we are making the statement beds to ensure that those who are appre- fickers, raising the crime from a mis- that we will take it seriously and that hended entering the United States unlawfully demeanor to a felony. they will be punished. are sent home instead of being released into Smugglers would see increased prison In addition, I think it’s very impor- our communities. And, it would provide critical time if convicted of smuggling persons tant that we complement this legisla- equipment and infrastructure improvements, under inhumane conditions, or for the tion with strong response to the vio- including additional helicopters, power boats, purpose of criminal exploitation, or in lence at the border that has occurred police-type vehicles, portable computers, reli- the event that they are smuggling due to drug cartels. I look forward to able radio communications, hand-held GPS someone into the United States with having the opportunity to present to devices, body armor, and night-vision equip- the intent to carry out acts of terror. our Judiciary Committee legislation ment. In the case of serious bodily injury, that I will introduce on this issue of Mr. Speaker, I rise in strong support of this rape or murder, the smuggler or traf- providing more resources for the, if you legislation for the following reasons. This bill ficker could face upwards of life in will, inhibiting and prohibiting the makes a strong statement against alien smug- prison. kind of dastardly violence that is oc- gling while maintaining core Democratic prin- This bill serves two important goals. curring and providing the resources for ciples. It is a tough yet fair approach to border First, it holds those who smuggle and DEA and ATF that I think are so very security. It is a holistic anti-smuggling regime traffic persons into the United States necessary. that reaches those who recruit aliens in their responsible for their crimes. It is esti- Mr. Speaker, again I want to con- home countries, smuggle aliens across the mated that over 17,000 people are smug- gratulate Mr. HILL on this legislation, land borders, or transport or harbor aliens in gled into the United States each year. and I would enthusiastically urge my the United States. These are people who are forced into colleagues to support this important This legislation ensures border security. It awful situations against their will. legislation. recognizes the contribution of the Border Pa- Those found trafficking for those pur- Ms. JACKSON-LEE of Texas. Mr. Speaker, trol, Coast Guard, Customs & Border Protec- poses deserve a fitting punishment, and I rise in support of H.R. 1029, ‘‘Alien Smug- tion, Immigration & Customs Enforcement, my bill works to ensure that justice is gling and Terrorism Prevention Act of 2009.’’ FBI, Assistant United States Attorneys, and served. I want to thank my colleague Congressman Department of Justice prosecutors who are on Second, H.R. 1029 works to stem the BARON HILL of Indiana for introducing this res- the front lines of interdiction and investigation flow of illegal immigration. I believe olution. of alien smugglers. It gives agents and pros- this bill will act as a deterrent for ille- Mr. Speaker, as a Member of the Com- ecutors tools to address alien smuggling and gal alien smugglers and, therefore, mittee on Homeland Security, and as a Mem- terrorism by re-structuring the Alien Smuggling greatly cut down on illegal immigra- ber of the Subcommittee on Immigration, I statutes. tion. have long been an outspoken leader on this This legislation is tough on crime. It brings I believe that we need to ensure that issue. Alien smuggling is not only a threat to in new penalties of up to life in prison for rape, our Border Patrol and Coast Guard our national security, but it also diminishes the kidnapping, or attempted murder in the course have the tools they need to keep our value of human lives, and as the world’s moral of alien smuggling. H.R. 1029 revises the cur- borders safe. leader we must take a tough stance against rent statutes to provide stiff sentences for This bill is critical in bolstering our these horrific practices. In fact as part of the those who commit alien smuggling that facili- economic and national security and, Save America Act, immigration legislation that tates terrorist activity, or those whose smug- therefore, I strongly urge the passage I introduced, I address this very issue. My leg- gling results in serious bodily injury or placing of H.R. 1029. islation would create a special class of aliens the life of another in jeopardy. It creates the Mr. CHAFFETZ. Mr. Speaker, I who act as informants to assist U.S. authori- first federal crime that recognizes transpor- would just inquire as to how many ties in the prosecution and apprehension of tation in inhumane conditions as a ground for more speakers. alien smugglers. In special cases these indian increased sentence. Ms. JACKSON-LEE of Texas. I have viduals would receive permanent resident sta- The Act recognizes the needs of the Coast the right to close. I believe there are tus if the information substantially led to a suc- Guard for effective maritime anti-smuggling no more speakers. cessful prosecution and apprehension of those tools, including tough penalties for those who Mr. CHAFFETZ. I have no more involved in alien smuggling. do not heave to, and risk their passengers’ speakers as well. I yield back the bal- A few years ago in Texas, prosecutors in- lives by intentionally beaching their vessels at ance of my time. dicted 14 people who allegedly organized or high speed in an attempt to discharge their

VerDate Nov 24 2008 03:52 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 7634 Sfmt 9920 E:\CR\FM\K31MR7.096 H31MRPT1 jbell on PROD1PC69 with HOUSE H4214 CONGRESSIONAL RECORD — HOUSE March 31, 2009 human cargo. It directs the Sentencing Guide- leged report (Rept. No. 111–72) on the CHAFFETZ) each will control 20 min- lines Commission to put ‘‘teeth’’ into the stat- resolution (H. Res. 307) providing for utes. ute by adopting sentencing enhancements for consideration of the bill (H.R. 1256) to The Chair recognizes the gentle- terrorism, moving large groups of aliens, or protect the public health by providing woman from Texas. abandoning aliens in harsh conditions such as the Food and Drug Administration GENERAL LEAVE the desert or at sea. It maintains the current with certain authority to regulate to- Ms. JACKSON-LEE of Texas. Mr. sentencing structure in which smuggling for bacco products, which was referred to Speaker, I ask unanimous consent that profit or to facilitate a crime results in manda- the House Calendar and ordered to be all Members may have 5 legislative tory minimum sentences, and maintains the printed. days to revise and extend their re- current sentencing structure in capital cases. f marks and to include extraneous mate- Alien smuggling will not stop until we estab- rial on the bill under consideration. 1815 lish an immigration policy that substantially re- b The SPEAKER pro tempore. Is there duces the need for illegal entry into the United MIAMI DADE COLLEGE LAND objection to the request of the gentle- States. CONVEYANCE ACT woman from Texas? I urge my colleagues to support this legisla- Ms. JACKSON-LEE of Texas. Mr. There was no objection. tion. Speaker, I move to suspend the rules Ms. JACKSON-LEE of Texas. I yield I yield back my time. and pass the bill (H.R. 838) to provide myself such time as I may consume. The SPEAKER pro tempore (Mr. for the conveyance of a parcel of land Mr. Speaker, H.R. 838, the Miami ´ LUJAN). The question is on the motion held by the Bureau of Prisons of the Dade College Land Conveyance Act, in- offered by the gentlewoman from Texas Department of Justice in Miami Dade troduced by Representative ILEANA (Ms. JACKSON-LEE) that the House sus- County, Florida, to facilitate the con- ROS-LEHTINEN, will authorize the De- pend the rules and pass the bill, H.R. struction of a new educational facility partment of Justice’s Bureau of Pris- 1029, as amended. that includes a secure parking area for ons to convey a parcel of land to Miami The question was taken; and (two- the Bureau of Prisons, and for other Dade College in Miami, Florida. thirds being in the affirmative) the purposes, as amended. Currently, the BOP’s Miami Federal rules were suspended and the bill, as The Clerk read the title of the bill. Detention Center’s satellite parking amended, was passed. The text of the bill is as follows: lot occupies the land. Miami Dade Col- A motion to reconsider was laid on lege plans on building an educational H.R. 838 the table. facility on this land, which will include Be it enacted by the Senate and House of Rep- covered and secured ground floor park- f resentatives of the United States of America in ing for BOP employees at no cost to Congress assembled, REPORT ON RESOLUTION PRO- the agency. VIDING FOR CONSIDERATION OF SECTION 1. SHORT TITLE. The Bureau of Prisons does not have This Act may be cited as the ‘‘Miami Dade H. CON. RES. 85, CONCURRENT College Land Conveyance Act’’. the authority to transfer this parcel of RESOLUTION ON THE BUDGET land to the college. However, this bill, SEC. 2. CONVEYANCE OF BUREAU OF PRISONS FOR FISCAL YEAR 2010 LAND TO MIAMI DADE COUNTY, which the agency supports, would per- Mr. PERLMUTTER, from the Com- FLORIDA. mit the transfer to take place. mittee on Rules, submitted a privi- (a) CONVEYANCE REQUIRED.—The Attorney The college will make good use of the General shall convey to Miami Dade College 47,500-square-foot area of land while leged report (Rept. No. 111–70) on the of Miami Dade County, Florida (in this sec- resolution (H. Res. 305) providing for also providing as many as 118 Bureau of tion referred to as the ‘‘College’’), all right, Prisons parking spaces. This, obvi- consideration of the concurrent resolu- title, and interest of the United States in tion (H. Con. Res. 85) setting forth the and to a parcel of land held by the Bureau of ously, is a good, collegiate way to work congressional budget for the United Prisons of the Department of Justice in with an institution of higher education States Government for fiscal year 2010 Miami Dade County, Florida, consisting of a and our need for detention facilities, and including the appropriate budg- parking lot approximately 47,500 square feet and this legislation allows that deci- etary levels for fiscal years 2009 and and located at 35 NE 2 Street, for the purpose sion and that action to go forward. I of permitting the College to use the parcel as urge all of my colleagues to support 2011 through 2014, which was referred to a site for a new educational building that in- the House Calendar and ordered to be this helpful legislation. cludes a parking area, of which not less than H.R. 838, the Miami Dade College Land printed. 118 secure parking spaces shall be designated Conveyance Act, introduced by Representa- f for use by the Bureau of Prisons of the De- partment of Justice. tive ILEANA ROS-LEHTINEN, will authorize the REPORT ON RESOLUTION PRO- (b) REVERSIONARY INTEREST.—If the Attor- Department of Justice’s Bureau of Prisons to VIDING FOR CONSIDERATION OF ney General determines at any time that the convey a parcel of land to Miami Dade Col- H.R. 1664, PAY FOR PERFORM- real property conveyed under subsection (a) lege in Miami, Florida. ANCE ACT is not being used in accordance with the pur- Currently, the BOP’s Miami Federal Deten- pose of the conveyance specified in such sub- tion Center’s satellite parking lot occupies the Mr. PERLMUTTER, from the Com- section, all right, title, and interest in and land. Miami Dade College plans on building an mittee on Rules, submitted a privi- to the property shall revert, at the option of educational facility on this land, which will in- leged report (Rept. No. 111–71) on the the Attorney General, to the United States, clude covered and secured ground floor park- resolution (H. Res. 306) providing for and the United States shall have the right of ing for BOP employees at no cost to the agen- consideration of the bill (H.R. 1664) to immediate entry onto the property. Any de- cy. amend the executive compensation termination of the Attorney General under this subsection shall be made on the record The Bureau of Prisons does not have the provisions of the Emergency Economic after an opportunity for a hearing. authority to transfer this parcel of land to the Stabilization Act of 2008 to prohibit un- (c) SURVEY.—If the Attorney General con- college. However, this bill, which the agency reasonable and excessive compensation siders it necessary, the Attorney General supports, would permit the transfer to take and compensation not based on per- may have the exact acreage or square foot- place. formance standards, which was referred age and legal description of the land to be conveyed under subsection (a) determined by The college will make good use of the to the House Calendar and ordered to 47,500 square foot area of land, while also be printed. a survey satisfactory to the Attorney Gen- eral. The College shall bear the cost of the providing as many as 118 BOP parking f survey. spaces. (d) EXEMPTION.—Section 102(2)(C) of the I urge all of my colleagues to support this REPORT ON RESOLUTION PRO- National Environmental Policy Act of 1969 helpful legislation. VIDING FOR CONSIDERATION OF (42 U.S.C. 4332(2)(C)) shall not apply to the I reserve the balance of my time. H.R. 1256, FAMILY SMOKING PRE- conveyance of land under subsection (a). Mr. CHAFFETZ. I yield myself such VENTION AND TOBACCO CON- The SPEAKER pro tempore (Mr. time as I may consume. TROL ACT LUJA´ N). Pursuant to the rule, the gen- Mr. Speaker, I rise in support of H.R. Mr. PERLMUTTER, from the Com- tlewoman from Texas (Ms. JACKSON- 838, the Miami Dade College Land Con- mittee on Rules, submitted a privi- LEE) and the gentleman from Utah (Mr. veyance Act. This bill was introduced

VerDate Nov 24 2008 03:52 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.052 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4215 by the gentlewoman from Florida (Ms. any other college or university in the rules were suspended and the bill, as ROS-LEHTINEN). The act would convey a United States, and in Florida, 33 per- amended, was passed. parcel of land held by the Bureau of cent of all minority students attending A motion to reconsider was laid on Prisons to the Miami Dade College, community colleges are attending the table. which is adjacent to the Bureau of Miami Dade College. f This bill will allow for the much Prisons facility. The parcel of land is APPOINTMENT OF MEMBERS TO now used as a parking lot by the Bu- needed expansion of the facilities in downtown Miami, and it will allow the BOARD OF VISITORS TO UNITED reau of Prisons facility. STATES NAVAL ACADEMY As a result of this act, the college college to offer more courses to more will be permitted to use the parcel as a students. All this has been made pos- The SPEAKER pro tempore. Pursu- site for the new building that will in- sible by the stellar performance, lead- ant to 10 U.S.C. 6968(a), and the order of clude a garage parking area. That ership and guidance of the college the House of January 6, 2009, the Chair parking area will contain 118 secured president, Dr. Eduardo J. Padron, him- announces the Speaker’s appointment parking spaces that will be designated self an alum of Miami Dade College. He of the following Members of the House for use by the Bureau of Prisons. is a man of unyielding strength and a to the Board of Visitors to the United This conveyance outlined in this bill passion for education. He has spent his States Naval Academy: Mr. RUPPERSBERGER, Maryland will benefit both the Bureau of Prisons entire career making sure that all students have the tools and the opportuni- Mr. CUMMINGS, Maryland and the Miami Dade College. The De- Mr. KLINE, Minnesota ties to succeed. His time at Miami partment of Justice has reviewed the Mr. FRELINGHUYSEN, New Jersey bill, and does not oppose its enactment. Dade College has been defined by f I urge my colleagues to support H.R. growth and greater academic accredi- 838. tation. He has truly made a positive THE ECONOMIC CRISIS I reserve the balance of my time. difference in the lives of countless indi- (Ms. JACKSON-LEE of Texas asked Ms. JACKSON-LEE of Texas. I re- viduals, and I commend him for all and was given permission to address serve the balance of my time. that he continues to do in support of the House for 1 minute and to revise Mr. CHAFFETZ. Mr. Speaker, I our college. and extend her remarks.) would like to yield such time as she I thank the Speaker; I thank the Ms. JACKSON-LEE of Texas. Mr. may consume to the gentlewoman from Members who have given me this op- Speaker, tomorrow and for the rest of Florida (Ms. ROS-LEHTINEN). portunity, and I urge all Members to the week, this body will engage in a Ms. ROS-LEHTINEN. Mr. Speaker, I vote in favor of this legislation, sup- very important, principled debate that am so pleased to see that the Miami porting a fine institution of higher really responds to the calamity that we Dade College Land Conveyance Act is learning and the many wonderful stu- have been facing over the last 6 to 8 before the House today. This is a great dents who will benefit from this expan- months, and that is the economic cri- example of Federal-local partnerships sion. sis. truly benefiting both Miami Dade Col- I thank the gentleman for his time, The administration has put forward lege and the Bureau of Prisons. This and I thank my good friend from Texas its initiative that addresses the prin- bill will facilitate the construction of a (Ms. JACKSON-LEE) for her time as well. ciples of a budget. This Congress, along Ms. JACKSON-LEE of Texas. Mr. new educational facility in downtown with several caucuses, has offered Speaker, let me congratulate the gen- Miami as well as provide secured park- budgets to be able to address the pain tlewoman for not only providing this ing for the Bureau of Prisons. of the American people. facilitation for this institution of high- Miami Dade College has been an es- What I am so proud of and the reason er learning but for helping out the Bu- sential institution in South Florida for I am standing here today is that Demo- reau of Prisons, which is the Judiciary over half a century. It was born of the crats have come together around prin- Committee’s jurisdiction. idea that anyone with a desire to get a ciples that will help to heal the econ- As I close, let me just acknowledge omy: the infusion of dollars into edu- college degree should be given that op- the legislation, H. Res. 290, that Con- cation, into health care, a continued portunity. gresswoman BARBARA LEE offered commitment to energy reform, and the By 1967, the college was the largest today and add my sympathy to the review of energy opportunities across, institution of higher education in our people of California. I thank Congress- if you will, the spectrum of resources. great State of Florida. Today, it has woman LEE for bringing forward legis- Certainly, we recognize the needs of built upon that position, and is now the lation that honors the lives that were our veterans and of our soldiers across largest institution of higher education lost—Sergeant Mark Dunakin, Ser- the land. in the United States, serving over geant Ervin Romans, Sergeant Daniel I hope we will have a vigorous debate 160,000 students last year, all the while Sakai, and Officer John Hege, who were on behalf of the American people. maintaining an affordable and excep- members of the Oakland Police Depart- f tional course of study. ment in California. Miami Dade College has been instru- In the month of May, we will be hon- SPECIAL ORDERS mental in the development and success oring law enforcement officers who The SPEAKER pro tempore. Under of thousands of students, and I am have fallen across America. We have the Speaker’s announced policy of Jan- proud to say that my father, my broth- done that every year since I have been uary 6, 2009, and under a previous order er and I are all graduates of this fine in the United States Congress. Trag- of the House, the following Members institution. It serves our community ically and sadly, we will do it again, will be recognized for 5 minutes each. with fine distinction. In fact, 96 per- even honoring those who have come f cent of the students enrolled at Miami from Texas and Houston. So H. Res. 290 The SPEAKER pro tempore. Under a Dade College are residents from our has my sympathy as well. Before I previous order of the House, the gen- local area. Just 2 years ago, the college closed, I wanted to acknowledge that. tleman from Texas (Mr. POE) is recog- reached a truly incredible milestone. It Let me now close on this legislation, nized for 5 minutes. welcomed its 1.5 millionth student. We H.R. 838, and indicate my support and (Mr. POE of Texas addressed the are only a community of 2.3 million, so ask my colleagues to support this leg- House. His remarks will appear here- the sheer amount of lives that the col- islation. after in the Extensions of Remarks.) lege has influenced is astonishing. I yield back the balance of my time. f When I say that Miami Dade College The SPEAKER pro tempore. The is central to the educational, social question is on the motion offered by HONORING THE LIFE, SERVICE and cultural fabric of South Florida, the gentlewoman from Texas (Ms. AND HEROISM OF ARMY SER- know that this is no exaggeration. The JACKSON-LEE) that the House suspend GEANT SCOTT B. STREAM college also embodies the essence of di- the rules and pass the bill, H.R. 838, as The SPEAKER pro tempore. Under a versity. Almost 80 percent of its stu- amended. previous order of the House, the gen- dents come from a minority back- The question was taken; and (two- tleman from Kentucky (Mr. GUTHRIE) ground. It enrolls more minorities than thirds being in the affirmative) the is recognized for 5 minutes.

VerDate Nov 24 2008 03:52 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.101 H31MRPT1 jbell on PROD1PC69 with HOUSE H4216 CONGRESSIONAL RECORD — HOUSE March 31, 2009 Mr. GUTHRIE. Mr. Speaker, while re- and let my gun sit in the rack and float the new Democratic Party of the Vir- cent weeks have brought about serious on my back in a tube down a lazy gin Islands in the 1970s, running as a challenges here at home, we must not river.’’ candidate for Lieutenant Governor allow them to distract our thoughts Sergeant Stream didn’t make it with the late Alexander Farrelly. The and prayers from the brave men and home, but he left behind a family. And team lost that election, but he entered women fighting the war on terrorism I would like to read their names and politics once again in 1972, becoming around the world. These men and let him know that we’re all praying for the highest vote-getter in the St. women are proudly serving our coun- him: His wife Rasa, his daughters Thomas-St. John district in the race try, and are facing challenges far Megan and Laura, his parents Sherman for a seat in the Virgin Islands Legisla- greater than most of us could ever and Gayle Stream, his siblings and ture. imagine. their mates, Shawn and Michelle Roebuck went on to serve six con- I rise today to pay tribute to Ser- Stream, and Shannon and Michael secutive terms in that body, becoming geant Scott B. Stream, 39. Sergeant Pape and his grandmother Vera. chair of the finance committee in the Stream was killed on February 24, 2009, When I read that e-mail, it so re- 10th and 14th legislatures, and the in Kandahar, Afghanistan, in support minded me of the dedication and the President of that body in the 11th, 12th of Operation Enduring Freedom. love that these young men and women and 15th legislaures. I had the honor of attending the fu- had for this country. Their willingness Mr. Roebuck is most remembered for neral for Sergeant Stream. As I walked to fight, their willingness to sacrifice. his leadership in transforming housing in, they handed me a program of events And what struck me the most he says, in the territory. As commissioner of for the funeral. Inside was an insert of ‘‘If this cost me my life, that is a small Housing Community Renewal, he was an e-mail that Sergeant Stream had gift.’’ That is someone of maturity. responsible for the formulation of an sent home to his family on December That is someone of patriotism. And aggressive plan that provided a safe, 31, 2008. that is a hero. decent home for every Virgin Islander. As I sat there, waiting for the funeral f He oversaw the clearance of blighted, to begin, I read it over and over, and I slum areas and the creation of modern decided that I needed to share this with b 1830 neighborhoods across the Virgin Is- our grateful Nation because it says a The SPEAKER pro tempore. Under a lands. lot about Sergeant Stream. Also, I previous order of the House, the gentle- In 2005 in an interview with the on- think it says a lot about the men and woman from California (Ms. WOOLSEY) line newspaper the VI Source, Mr. Roe- women we have serving us overseas. I is recognized for 5 minutes. buck recounted that his biggest accom- would like to read this e-mail and (Ms. WOOLSEY addressed the House. plishment was the ‘‘shepherding enter it into the RECORD. Her remarks will appear hereafter in through of the Coastal Zone Manage- This is Sergeant Stream’s e-mail: the Extensions of Remarks.) ment Commission,’’ the body that ‘‘When I think about what surrounds f oversees the development and preserva- me—the institutional corruption, the tion of one of the Virgin Islands most random violence, the fear and despera- ELMO D. ROEBUCK treasured resources, its coastal areas. tion—I feel the reasons why I’m here The SPEAKER pro tempore. Under a During his tenure in the VI Legisla- more and more sharply. previous order of the House, the gentle- ture, he was responsible for the cre- ‘‘As we grow in our soldier skills, woman from the Virgin Islands (Mrs. ation of the Post Audit Division, which surviving by finding the hidden dan- CHRISTENSEN) is recognized for 5 min- improved that body’s ability to track gers, seeing the secret motives in the utes. government finances and advise sen- shifting politics, we grow a set of skills Mrs. CHRISTENSEN. Mr. Speaker, ators on critical issues before that that is unique and powerful in this sit- this week in my district, the U.S. Vir- body. uation. gin Islands, the people are gathering to Roebuck was also a Virgin Islands ‘‘We also see what you cannot see in bid farewell to one of our native sons, tradition bearer. Having learned the the States. You are surrounded by the the honorable Elmo D. Roebuck. After art of telling folktales with music and love of Christ and faith in freedom and having lived a life of public service, humor from his father Ector, he would humanity. Like a fish, you think water community activism, and cultural pro- share them with schoolchildren and is a ‘puff of air’ because it is always motion, Roebuck passed away last anyone who wanted to enjoy the rich there. You do not notice it. We who are week at the age of 74. history and culture of the Virgin Is- out of water look back and see the A political mover and shaker, Roe- lands people. world we love surrounded by enemies, buck was one of the men who led and Mr. Speaker, the people of the U.S. poison and envy, that wants to fall on molded the U.S. Virgin Islands in its Virgin Islands are saddened by the loss you like a storm of ruin. We who joined formative years. He, along with others, of Elmo Roebuck, whose community with vague notions of protecting our was responsible for the early successes spirit was well noted in his legislative country see how desperate the peril, of the territory on its road to self-gov- and administrative accomplishments; how hungry the enemy and how frail ernance. He was a mentor, a strategist, his service to his church and service or- the security we have for you. and a fervent fighter for the cause of ganizations; and his sharing of Virgin ‘‘The more I love and long for home the people of the Virgin Islands. Islands stories with young and old. the more right I feel here on the front He was born in 1934 to Ector and During his lifetime, he was knighted lines standing between you and the Nathalia Roebuck and graduated val- by the Queen of Denmark and honored seething madness that wants to suck edictorian of the class of 1952 at the by the Virgin Islands Legislature in the life and love out of our land. Does Charlotte Amalie High School in St. 2003. This week he is being remembered that mean I cannot go home? I hope Thomas, U.S. Virgin Islands. In 1956, he for his cultural contributions with a not, because I want this just to be the graduated from what is now Hampton storytelling wake at the Virgin Islands postponement of the joy of life, not the University in Virginia with a bachelor Legislature, and on Thursday, he will sacrifice of mine. If it costs me my life of arts degree in business administra- be laid to rest in a final goodbye by the to protect our land and people then tion. Returning to the Virgin Islands, people who served and loved him well. that is a small thing. I just hope that Roebuck taught at the Charlotte I would like to express my condo- fate lets me return to the promised Amalie High School and held several lences to his wife and his children and land and remind people just how great government posts before becoming the grandchildren. May they be comforted our land is. youngest Virgin Islander to hold a Cab- at this difficult time with the knowl- ‘‘War is a young man’s game, and I inet-level post in 1964, when he was edge that his life was a life well lived. am getting an old man’s head. It’s a named by the late Governor Ralph f strange thing. I just hope that I am not Paiewonsky to head the Department of The SPEAKER pro tempore. Under a changed so that I cannot take joy in Housing and Community Renewal. previous order of the House, the gen- the land inside the wire when I make it He later joined the Unity Party and tleman from North Carolina (Mr. home. I want to be with you all again then became one of the organizers of JONES) is recognized for 5 minutes.

VerDate Nov 24 2008 05:00 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.104 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4217 (Mr. JONES addressed the House. His Our Nation’s economy and, frankly, Thomas Friedman, a writer, is remarks will appear hereafter in the our defense industrial base depend on wrong. He says the world is flat. Well, Extensions of Remarks.) production platforms such as the it’s not. It has mountains and has huge f motor vehicle industry for jobs, for in- valleys, and our auto industry has had dustrial might, and for real wealth cre- to compete on a very unlevel playing THE DEBT ON OUR CHILDREN’S ation for the Republic. One of every field. Take this fact: over half the vehi- GENERATION seven jobs in our country is tied to the cles sold in this country actually come (Mr. GUTHRIE asked and was given motor vehicle industry. Over half of from other places in the world. In Ja- permission to address the House for 1 semiconductors are used in auto pro- pan’s market, the second largest mar- minute.) duction, nearly half of the carpeting, ket in the world, only 3 percent of their Mr. GUTHRIE. Mr. Speaker, last as well as plastics, glass, metals, elec- cars come from any place else in the year when I began deciding whether or tric wiring, machine tools, and the list world. not I wanted to serve in Congress or goes on. Whose market is open? Whose mar- run for Congress, my wife and I were In my district and throughout the in- ket is closed? talking quite a bit about it, and our big dustrial Midwest, the Big Three and Mr. Speaker, tax policy operates concern was our children. I have a 15, their suppliers still form the bedrock against this industry, and if we look at 13, and 11-year-old girl/boy/girl, and our of our economy. And although elite the number of cars, including the new biggest concern was, what would cam- opinion makers try to deny it, the re- Buick LaCrosse that was rated No. 1 by paigning and being in Washington and ality remains that as the motor vehicle J.D. Power, we have an industry ready commuting do to our children? And as and auto industry go, so goes the econ- to compete. Let’s give it a chance. my wife and I began discussing that omy of the United States. And that MOM, APPLE PIE, AND HYUNDAI? even further, it wasn’t even what this economy isn’t looking too good these THE AUTO INDUSTRY HAS BEEN A BULWARK OF was going to do to our children but days. THE AMERICAN MIDDLE CLASS. IF WALL STREET WARRANTS A BAILOUT, WHY NOT DE- what could our service or my service do President Obama is correct in saying TROIT? here in Washington for our children that we cannot and must not and will (By Pat Choate) and our children’s generation. not let our auto industry vanish. Those of us in our Nation’s heartland have al- In those happy days of the 1950s, my And that has been the concern as we friends and I anxiously awaited the moment go into this week, and we are beginning ways known that. America cannot lead when the local auto dealers began displaying to look at the budget that’s being pro- the global economy unless it leads in their new car models. My uncle was a Chrys- posed, the debt that we’re going to put the global auto and truck center. No ler-Plymouth dealer, and we always began on our children. That’s what drove me modern industrial power has ever sur- our tours there. Then we would go from one to run for office. And I was really con- vived without a thriving domestic showroom to another, collecting the bro- cerned about the debt that was going motor vehicle industry whose capabili- chures, sitting behind the wheels of the new ties undergird its defense industrial Corvettes, Chrysler 300s, Plymouth Sport to be moving forward, the debt that we Furies, and Thunderbirds, opening the hoods had and here we are increasing and in- base. Japan understands that. China and admiring the powerful engines. Rare was creasing the debt and the burden on understands that. India understands the teenager of that era who did not know our children. And that is a concern that. Germany understands that. Do we the specifications of virtually every model that I have. understand that? produced by General Motors, Ford, and I have a great love for my children Now, we can take a look at the se- Chrysler. and their generation. I believe that we vere challenges facing this industry ‘‘Car people’’ such as Lee Iacocca, then at need to be very careful about any debt today. The most important reason that Ford, were in charge of America’s Big Three this industry is facing difficulties at automakers. They loved their cars as much that we put on our children or their as their customers did. The carmakers and generation. the moment is because of the credit their suppliers produced an ever changing set crunch and the inability of Wall Street f of engines, transmissions, accessories, and to reach Main Street despite billions, The SPEAKER pro tempore. Under a gadgets that made buying a car a family hundreds of billions of dollars put into previous order of the House, the gen- treat unlike any other. So many different the TARP that isn’t working. Any types of hubcaps were produced that there tleman from Indiana (Mr. BURTON) is sales-dependent industry, like the were hubcap stores in all the major cities. In recognized for 5 minutes. automotive industry, must have credit Texas, stealing them was a state pastime for (Mr. BURTON of Indiana addressed lines open to the dealerships and to teenaged boys. the House. His remarks will appear The differentiated line of cars produced by consumers who want to buy those cars. General Motors was also a measure of social hereafter in the Extensions of Re- So that TARP bailout overrides ev- marks.) and economic status. A Chevrolet was for erything else happening. We need to those starting out. A Cadillac was for those f see it. Straightening out what is being who had arrived. Pontiacs, Oldsmobiles, and The SPEAKER pro tempore. Under a done by the U.S. Treasury, aided and Buicks were stop-offs for those on the way previous order of the House, the gen- abetted by the somnambulant Federal up or down. A jump from a Chevrolet to a tleman from Oregon (Mr. DEFAZIO) is Deposit Insurance Corporation and the Buick was an event noticed and commented recognized for 5 minutes. Securities Exchange Commission, is es- upon by neighbors as a measure of success— or of someone acting above himself. (Mr. DEFAZIO addressed the House. sential to righting our economic ship In that postwar period, Americans were on His remarks will appear hereafter in of state. And the failure of those agen- the go, and though Charlie Wilson was ridi- the Extensions of Remarks.) cies to monitor, let alone regulate, has culed for commenting, ‘‘What’s good for Gen- f created today’s financial wreckage. eral Motors is good for America,’’ he was Mark-to-market accounting is kill- right. The Great Depression and World War OUR AUTO INDUSTRY NEEDS HELP ing more value inside this economy II were memories, people had well-paying The SPEAKER pro tempore. Under a than the bailout can possibly replace. jobs, credit was easy, and a new car could be previous order of the House, the gentle- And as Treasury and Wall Street still bought with a small downpayment. GM and the auto industry were a major part of the woman from Ohio (Ms. KAPTUR) is rec- fiddle, Main Streets across this coun- economy and an important contributor to ognized for 5 minutes. try implode, including those where the that prosperity. Ms. KAPTUR. Mr. Speaker, these are automotive sector is predominant. The Big Three autos, coupled with the con- daunting times for communities in the I am glad the President talked about struction of the 42,500 mile Interstate High- Great Lake States. Our region’s com- the pain that is felt across our auto in- way System and the establisment of a vast munities have served as production dustry. Let me just say, look at the network of safe and inexpensive motels such platforms for our Nation for genera- hands and the faces and the legs of as Holiday Inns, opened the continent for in- tions—for the generations when Amer- autoworkers. They know their work is expensive family vacations. Dinah Shore’s perky signature song captures the essence of ica built a solid middle class. Our re- hard. The predicament we’re in isn’t America’s love affair with its cars: ‘‘See the gion did not simply trade wealth, as do their fault. It is a crisis of leadership, USA in your Chevrolet. America is asking Wall Street and other mega-banking as the President has said, starting you to call. America is the greatest land of centers. We made it. right here in this city. all.’’

VerDate Nov 24 2008 03:52 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.108 H31MRPT1 jbell on PROD1PC69 with HOUSE H4218 CONGRESSIONAL RECORD — HOUSE March 31, 2009 But success bred complacency and hubris been slow to change, they have adapted well rency by up to 50 percent, Japan keeps its in the industry. By the mid-1960s and early enough that they still hold half the U.S. auto market tightly closed, and the U.S. 1970s, management of the Big Three had market share. It is an amazing turnaround. government allows South Korean auto- shifted from the car people to ‘‘numbers Consider quality. In 2007, Ford won 102 makers to sell more than 700,000 subsidized guys,’’ who were more interested in squeez- quality awards, including AutoPacific’s Best vehicles in this market annually, but toler- ing every possible penny of profit from the in Class for three models and Germany’s ates Korea’s restriction of U.S. imports so vehicles. To avoid costly worker strikes, Big largest auto magazine’s Auto 1 of Europe tightly that fewer than 7,000 American-made Three management made major concessions Award for its S-MAX. Forbes awarded the vehicles are sold there each year? The Big to labor on pensions, healthcare, and vaca- 2008 Chrysler 300 ‘‘the highest-quality car in Three and the UAW are not at fault for these tions, costs it then passed on to consumers. the near-luxury category’’ over the Audi A4, distortions of competition. Meanwhile, quality slipped. Designs were un- BMW 3 Series, Lexus IS, and Mercedes-Benz The three overarching questions that imaginative. Buyers would ask whether a car C Class. Of the 15 global finalists for the 2008 President-elect Obama and the 111th Con- was produced on a Monday or Friday, fearing Motor Trend Car of the Year Award, the Big gress face are: what will happen if the Big that either the workers were too exhausted Three manufactured nine, the Japanese four, Three are not saved, how much will it cost, and hungover after the weekends to do a and the Europeans two. The 2008 winner was and what is the best way to execute the res- good job or too anxious to leave on Friday to GM’s Cadillac CTS, which Motor Trend de- cue? care. scribed as ‘‘proof that Detroit can still build As to the first question, federal inaction By the late 1960s, the Big Three had be- a world-class sedan.’’ would be costly and destructive in ways come an easy target for Japanese and Euro- As for innovation, General Motors, Ford, America has not experienced since the Great pean competitors. In 1980, Chrysler faced and Chrysler invest almost $12 billion annu- Depression. The Center for Automotive Re- bankruptcy, and General Motors’ manage- ally on R&D, making them a major source of search—appropriately, CAR—projects that a ment seriously considered exiting the auto technology development. In 2007, the U.S. 100 percent closedown of the Big Three auto business altogether. As part of that strategy, Patent and Trademark Office granted these producers would result in the loss of almost GM bought Hughes Electronics and Ross three corporations 1,030 patents. 3 million U.S. jobs in the first year. The ma- Perot’s EDS. James E. Malackowski, CEO of Ocean jority of those losses would be Main Street Perot and the GM management quickly Tomo LLC, a merchant bank that specializes jobs distributed across the country that de- soured on each other. He wanted to manufac- in intellectual property products and serv- pend on spending by the Big Three—steel, ture the best cars in the world, and they ices, recently compared four of the green, glass, and rubber producers and the 20,000 wanted to enter into businesses in which clean, and energy efficient patent portfolios dealers, who are major purchasers of adver- they were inexperienced. One of the more in- held by the Top 15 global automakers—emis- tising in local newspapers, radio, television, teresting business lectures captured by the sion control, catalytic converters, and re- and other small business services provided Harvard Business School in its case studies lated chemistry; fuel cells; hybrid/electric by lawyers, accountants, real estate contrac- is Perot’s speech to the GM board on the day vehicles, mostly motor and battery innova- tors, and landscapers. he concluded his sale of stock back to the tion; and emerging related technologies, in- A 50 percent reduction in the Big Three’s company. He ticked off what he thought was cluding solar, wind, and other green inven- operations would be almost as costly. CAR wrong with GM and what it needed to do to tions. estimates that 2.47 million jobs would be lost assure its prosperity in the auto industry. GM has higher average quality and newer in the first year, 1.5 would still be unfilled in The essence of his message was to treat green technology and patents than the other year two, and slightly more than 1 million in workers well, be innovative, settle for noth- 14 auto manufacturers combined. Together year three. The lost revenues from either ing less than making the best cars in the with Ford it holds approximately one-third scenario would devastate federal, state, and world, and sell them at the lowest possible of all green-technology patents and the re- local budgets, creating further economic up- price. His advice was ignored, of course, and lated value. Moreover, GM has 70 percent of heavals. CAR estimates that a 100 percent GM continued to lose position in its domes- the patents in the emerging-technology cat- shutdown would cost $156 billion in lost tax tic market. egory. This domestic share increases to 85 receipts and increased transfer payments. A Eventually, GM, Ford, and Chrysler’s plod- percent if Ford is added. Finally, Ford owns 50 percent shutdown would cost $108 billion. ding efforts to build better vehicles began to 30 percent of all patents with a similar re- Job loss is only part of the risk. The U.S. pay off in the early and mid-1990s. Quality lated-value measure in emission-control in- defense industrial base would be greatly improved, styling began to matter once novation. These Big Three technologies have weakened if the Big Three failed. The collec- again, and the Big Three produced the kinds great potential for stimulating overall U.S. tion of machine tools, robots, production of vehicles Americans wanted—big, com- economic and job growth and creating a lines, and skilled workers of the auto indus- fortable, powerful, and safe. Easy credit and greener and more fuel-efficient world. try gives the United States the capacity to cheap gas made owning the behemoths inex- There is much of value to be saved in this shift quickly from domestic production to pensive, and Detroit seized control of the vital industry, but relief has been slow in the manufacture of tanks, airplanes, and market for full-size pickups, vans, and SUVs. coming. When Wall Street recklessly gam- other war materiel as happened in World A key moment for the Big Three and UAW bled with borrowed monies and lost, federal Wars I and II. The foreign auto transplants came after their signing of the 1996 labor aid was characterized as a ‘‘bailout.’’ The are not a substitute, for they are mostly fa- contract. GM thought it had bought three present auto crisis was created by powerful cilities for putting together kits manufac- years of labor peace. But the union unexpect- economic forces, many beyond Detroit’s con- tured abroad. edly staged a series of local strikes in facili- trol. Federal efforts to save the U.S. auto in- As for the cost of the auto rescue, it is im- ties that produced strategic parts, the short- dustry would constitute a ‘‘rescue.’’ possible to estimate the final number. Cer- age of which could stop all GM production. The primary causes of the current U.S. tainly, $38 billion for an operational bridge These snap strikes closed GM for part of 1997 auto-industry crisis are threefold: a financial loan is too little and will require supple- and cost the company billions of dollars. For freeze in which even well-qualified borrowers ments. GM alone has a cash-burn rate of $2 whatever advantage the union may have got- are denied credit to buy vehicles; fluctuating billion per month, and will use its portion of ten, its actions enraged GM management, oil prices that have driven the price of gaso- the first loans within months. Yet the ear- which accelerated its investment in duplica- line from less than $2 per gallon to more liest that GM says that it can produce its tive plants in other parts of the world, than $4 and then back to $2, all in less than new line of vehicles is 2010. Inevitably, the staffed with nonunion workers. 10 months; and a consumer panic that has automakers will be back for more, much like In 1999, GM spun Delphi, its parts division, cut retail sales to 15-year lows. the banks and insurance companies. into a new corporation that entered Chapter The failure of the U.S. Treasury Depart- As CAR has documented, however, the 11 reorganization in 2005. The UAW contract ment and Securities and Exchange Commis- costs of inaction will also be great. Its esti- was broken, and the workers were left with sion to monitor, let alone regulate, Wall mates of a collapse, moreover, do not include $14 per hour jobs, no healthcare, and no de- Street has created today’s financial wreck- the costs of shifting more than $100 billion of fined-benefit pensions. President Lyndon age and the resulting consumer panic. And Big Three pension liabilities to the Pension Johnson was once asked if half a loaf of despite the obvious need for a far-sighted en- Benefit Guaranty Corporation, which is cur- bread was better than none. He replied, ‘‘A ergy policy, the last four presidents and Con- rently operating with a $10 billion deficit. slice is better than none.’’ The Delphi work- gress have done little but encourage more Only about a quarter to a third of the Obama ers got a slice. drilling. administration’s proposed stimulus of mas- Over the past two decades, each of the Big The longer-term inability of America’s sive investment infrastructure expenditures Three has been through extensive manage- auto industry to export competitive products will be felt in 2009, half in 2010, and the re- ment changes, downsizing, and layoffs. has its origins in U.S. trade policies that ac- mainder thereafter. As presently defined, it Chrysler even became part of the German cept closed foreign auto markets and the will have little effect on the Big Three. company Daimler, which could not make the payments of massive export rebates by other They need more sales now. The fastest and acquisition profitable and eventually sold 80 governments to their automakers. How can surest way to stimulate such activity is for percent of its interest to Cerberus, a private U.S. automakers be expected to compete in a the federal government to give a massive investment fund. world where German producers get a 19 per- one-to-three-year tax deduction for sales of It is difficult to teach an elephant to waltz, cent export subsidy on every vehicle sold in U.S. vehicles with a high U.S. or North but it can be done. While the Big Three have the United States, China undervalues its cur- American content, such as 70 percent. This

VerDate Nov 24 2008 03:52 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.054 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4219 would help clear the dealer backlog and im- and benefit concessions in recent negotia- woman from Florida (Ms. ROS- mediately put people to work. It also would tions. Delphi is only one example. Almost a LEHTINEN) is recognized for 5 minutes. allow taxpayers to get great bargains on new century ago, Henry Ford paid his workers a (Ms. ROS-LEHTINEN addressed the vehicles. then unheard of $5 per day so they could buy Some have suggested that Chapter 11 is the the products they were making, and the auto House. Her remarks will appear here- only viable option for the Big Three. But it industry led the way in creating an Amer- after in the Extensions of Remarks.) would create an economic avalanche in ican middle class. This rescue should not un- f which dozens, if not hundreds, of suppliers dermine broader efforts to provide secure The SPEAKER pro tempore. Under a and dealers would be forced into bankruptcy. jobs and benefits, nor should it allow the pit- No institution other than the federal govern- ting of well-paid American workers against previous order of the House, the gen- ment is now able to provide the billions of the penny-wage labor of other countries. tleman from California (Mr. SHERMAN) dollars necessary for the industry to operate Without question, the UAW has often been is recognized for 5 minutes. during reorganization. And at the very mo- smug, arrogant, and inflexible. But rather (Mr. SHERMAN addressed the House. ment that these auto giants need to act than punishing it by requiring reduction in His remarks will appear hereafter in quickly and be flexible, they would be con- its members’ pay, we should expect the the Extensions of Remarks.) strained by a federal judge and trustees to union to contribute to the rescue. It should get approval for even the most basic deci- enter into a no-strike agreement until the f sions. Those who advocate bankruptcy need federal loans are paid and invest its $1 billion The SPEAKER pro tempore. Under a only look at the cumbersome and costly Del- ‘‘rainy day’’ reserve, commonly called its previous order of the House, the gen- phi experience, which is now in its fourth ‘‘strike fund,’’ in the preferred stock of the tleman from Kansas (Mr. MORAN) is year. Big Three until the loans are satisfied. The recognized for 5 minutes. But rescuing the American auto industry rainy day has come, and if taxpayers are put- will require more than vast sums of public ting up money to save UAW jobs, so should (Mr. MORAN of Kansas addressed the monies. Basic policy changes in trade and the union. House. His remarks will appear here- tax laws are essential. One of the most dif- While U.S. antitrust laws allowed the UAW after in the Extensions of Remarks.) ficult, but unavoidable, challenges will be to to target one company at a time, those same f laws prevented the Big Three from negoti- end the Value Added Tax discrimination The SPEAKER pro tempore. Under a faced by the Big Three in both their domes- ating together on an industry-wide contract. tic and foreign markets. Soon after World Any rescue should permit the Big Three and previous order of the House, the gen- War II ended, U.S. trade negotiators agreed UAW to negotiate an industry wage and ben- tleman from Arizona (Mr. FLAKE) is to allow the rebate of Value Added Taxes on efit package. recognized for 5 minutes. their exports and the imposition of VAT Third, executive pay at the Big Three (Mr. FLAKE addressed the House. His equivalents on their imports of U.S. goods should be capped at some simple multiple of remarks will appear hereafter in the the average annual pay of Big Three work- and services. Europe was rebuilt decades ago, Extensions of Remarks.) but 153 nations now have a VAT, and its av- ers, such as 10 or 15 to 1, with any bonuses erage rate is 15.5 percent. Japan has a 5 per- being provided in corporate stock, at least f cent VAT, China’s is 17 percent, Germany’s until any federal loans are paid off. Also, the The SPEAKER pro tempore. Under a is 19 percent, and France imposes 19.6 per- Big Three executive pension funds should be previous order of the House, the gen- required to have at least a majority of its cent. The economic consequences to the Big tleman from New Jersey (Mr. SMITH) is Three and other U.S.-based manufacturers capital invested in Big Three stock. The goal, of course, is to create a common incen- recognized for 5 minutes. have been devastating. (Mr. SMITH of New Jersey addressed When a German automaker exports a vehi- tive for labor and management to work to- cle into the U.S. that costs $50,000, for in- gether. the House. His remarks will appear As of mid-November 2008, the U.S. Treas- stance, it receives from the German govern- hereafter in the Extensions of Re- ury and the Federal Reserve had advanced $2 ment a 19 percent VAT export rebate, worth marks.) trillion to salvage the financial wreck cre- about $9,500. But when one of the Big Three ated by Wall Street. In late November, the f exports a $50,000 vehicle to Germany, it must FDIC announced that it was ready to loan pay the German government a 19 percent, THE ECONOMIC SITUATION WE another $1.4 trillion to stabilize the banks. $9,500 VAT-equivalent tax at the dock. Thus The Bush administration and Congress seem NOW FACE the Big Three products are price disadvan- to have no limits to their concern about Wall The SPEAKER pro tempore. Under taged in both markets. Moreover, these dis- Street. criminatory VAT rules provide a powerful the Speaker’s announced policy of Jan- The Big Three automakers, their suppliers, uary 6, 2009, the gentleman from Mis- incentive to outsource production from the and dealers are on Main Street. They employ United States. In the Tokyo, Uruguay, and millions of workers and provide essential souri (Mr. AKIN) is recognized for 60 Doha trade negotiations, the U.S. Congress goods for American consumers. If the Big minutes as the designee of the minor- instructed American trade negotiators to Three fail, an economic tsunami will quickly ity leader. eliminate this tax disadvantage, but other roll across the United States, destroying Mr. AKIN. Mr. Speaker, I come here governments refused to discuss the issue. jobs, incomes, and national confidence at this evening to the floor to talk about In addition to pressing for the adoption of historic levels. The challenges faced by the new global trade rules to end VAT discrimi- a subject that is arresting the atten- new administration at that point would be tion of Americans everywhere. It ar- nation against U.S. manufacturers, the in- similar not to those faced by Franklin Roo- coming administration should focus on sevelt, but to those that confronted Herbert rests their attention because it very eliminating the many protectionist national Hoover in the first years of the Great De- much involves their futures, their fu- tariff and non-tariff trade barriers crippling pression. ture hopes, and the hopes of their chil- the Big Three. India, for example, imposes a In this instance, what is good for General dren and grandchildren: that is, the ec- 100 percent tariff on imported U.S. vehicles. Motors is good for America. onomics and the economic situation China’s tariff rate is 25 percent. Korea has f long-run national anti-import campaigns that we now face. that include targeting for tax audits anyone The SPEAKER pro tempore. Under a Over the past, we have, over the past who buys a foreign car. Unless foreign eco- previous order of the House, the gen- 6 and 7 years, heard repeatedly in our nomic protectionism is confronted imme- tleman from Louisiana (Mr. CASSIDY) is media the tremendous cost, particu- diately and at the highest levels of the U.S. recognized for 5 minutes. larly of the war in Iraq. We were told government, the American auto industry (Mr. CASSIDY addressed the House. every day not only of people that were cannot survive. His remarks will appear hereafter in dying there but also of how it’s just Three other principles are essential to the the Extensions of Remarks.) draining and siphoning money from the rescue. First, taxpayers should receive substantial equity in these ventures, plus long- f American economy. term warrants, whose purchase price is set The SPEAKER pro tempore. Under a And so, we come today in a curious at today’s stock values. After all, we are previous order of the House, the gen- situation. If you were to add all of the taking the risk. When any public loans are tleman from California (Mr. BACA) is money that was spent in Iraq in the repaid, the terms and conditions should re- recognized for 5 minutes. war there, add it all up for 6 years, and quire a sale of those stocks, hopefully at a (Mr. BACA addressed the House. His then take the money that was spent in substantial public profit. Taxpayers made al- remarks will appear hereafter in the the war in Afghanistan, add it up for 7 most a 30 percent profit on the Chrysler Extensions of Remarks.) years, and you put those two sums of loans three decades ago. Second, demands for a reduction in worker f money together, you would come up pay should be eschewed. The UAW and its The SPEAKER pro tempore. Under a with less money than this U.S. Con- members have already made massive wage previous order of the House, the gentle- gress spent in the first 5 weeks that we

VerDate Nov 24 2008 05:06 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.055 H31MRPT1 jbell on PROD1PC69 with HOUSE H4220 CONGRESSIONAL RECORD — HOUSE March 31, 2009 were in session when we passed the And so if you were to divide the $3 So, so much for little Lord Keynes’ supposedly stimulus bill. billion into this $787 billion, what theory. It was tried by the Japanese That, perhaps, casts a certain you’d find out is that you have got, you back in the 1990s, and the Japanese amount of light and helps to put in per- know, over 200 aircraft carriers. Pic- economy was sick because they just spective what $840 billion in taxes that ture 200 aircraft carriers tied end-to- kept spending more and more govern- we actually don’t have, but $840 billion end. That’s a whole lot of money that ment money, and it didn’t help their dollars in spending that we approved we’re spending that we don’t have. Or economy at all. here on this House floor. if you want to put it another way, just So, so much for the theory of a whole b 1845 the interest and the debt service on lot of government spending is going to this money that we don’t have that make the economy go well. Actually, What has happened since that time is we’re spending would be enough to buy considering the number of trillion dol- we have spent other money, and there nine new aircraft carriers every single lars in debt, if the government spend- have been other large chunks of year. ing was what made things went well, change, and I think it gets a little bit And what is there in this economic why we would all be millionaires our- confusing in people’s minds exactly stimulus package that’s so important? selves if that theory worked. Of course, how much is the Congress spending. Well, as it turns out, it isn’t even the it doesn’t work, and this of course, And so I have here immediately to good old Keynesian, the good old FDR, does not work. my left a chart that talks a little bit ‘‘government spend its way out of trou- Then we have the appropriations for about some of the money that we have ble’’ kind of package. It doesn’t have 2009 which was another $410 billion, and spent in the past, and we do this on the those kinds of things in it. You’d think you start putting this together, and it eve of the fact that we have the new starts to add up to real money. And budget coming up which will be dis- it would have in there hard manufacturing kinds of jobs, building ships, now we have the new budget that has cussed and debated tomorrow. That been proposed, a $3.6 trillion budget, budget is a whopper of a budget, but pouring concrete to make hydro- electric plants or nuclear power plants. and that includes some different, inter- first, let’s put it into context. esting items. First of all, in the fall of last year, as You would think it might have a lot of money for roads, something for small One that I think is of significance, Wall Street was becoming weaker and the President promised us while he was as there were demands for money to businesses to get them going. It turns out it’s not. It turns out what it is, it’s in this very Chamber, he promised us bail out Wall Street, the Congress ap- that if you were making under $250,000 proved $700 billion for the Wall Street a whole lot of spending on items that are just budgetary items of the Federal you didn’t need to worry about taxes bailout. The first $350 billion were because he wasn’t going to raise your spent last year, with an additional $350 Government. It’s just a whole lot of spending on social programs. taxes any. I thought, I’m glad because billion this year. I don’t make $250,000 a year, so I don’t Theoretically, this money was sup- It does include some money to protect an endangered mouse in Speaker need to worry about tax increases. posedly offered with transparency, so Well, you better hang on to your wal- we could know what it was going to be PELOSI’s district. It contains things about education for HIV. It has some let in Washington, D.C., because what used for and how we were getting some- is this cap-and-tax? This is a tax on money for ACORN and things like that. thing good from it. However, in spite of electricity and heating fuel, propane, These are regular old social govern- the fact that we spent the first $350 bil- natural gas, things like that. And ment programs, but nothing that’s lion, we saw the stock market sliding what’s that going to mean? Well, some really stimulative particularly. and sliding. Then we spent the second economists took a look at what that $350 billion, and people continued to And so this tremendous amount of money added to the debt is something was going to cost, and this is a very ask whether this money was really an credible organization. I believe it was effective tool. that has very much captured people’s attention, but we haven’t stopped there MIT. I forget which university it was. As we asked many questions, even Their estimate was $3,100 for every unfortunately. We have seen no sign in last fall on this subject, what we found household in America. So, so much for the economy or in the stock market was that particularly some people that the $250,000. Sure, we’re going to tax that this money is doing any particular worked on the savings and loan crisis those guys that own small businesses, good. In fact, all of the evidence eco- some more than 10 years ago said that but we’re going to tax every household nomically would suggest that it won’t. there was a way to help deal with our in America on an average of $3,100 In fact, when you take a good look at financial crisis, and particularly the every year. toxic mortgage and bad loans that had the people that came up with this I see a good friend of mine from Indi- been made, there was a way to deal whole idea of stimulating the economy ana, a very respected statesman on this with that without spending a lot of by government spending money, it floor, and I would yield to my good doesn’t even make much common money. In fact, during the savings and friend, Congressman BURTON. loan crisis, we did not spend any of this sense. Mr. BURTON of Indiana. Well, I real- kind of money, even though the situa- Think about your average American ly appreciate you saying that, and I tion was not dissimilar. That involved family. Hey, we’ve got hard trouble just hope everybody in my district in things like mark-to-market and other with the budget this year, what are we Indiana heard you say that because I accounting kinds of principles that going to do? Oh, let’s go buy a brand want to make sure they appreciate me. could have been followed rather than new car and spend a whole lot of So thank you very much for saying going into the American taxpayers’ money. Nobody’s that dumb in our those nice things. pocket for $700 billion. country except for the Federal Govern- The thing that I wanted to mention Well, this year we spent $350 billion ment, and of course, we want to spend is you’re absolutely right. The amount of that. Moving forward to this eco- a lot of money. There isn’t any eco- of money that this is going to cost the nomic stimulus—I call it the porkulus nomic justification. In fact, Henry average homeowner is just unbeliev- bill—we spent another $787 billion. Morgenthau, who was the Secretary of able, and it’s going to be a tax increase Let’s put that into perspective. In an the Treasury under FDR, after they did that’s going to be borne by every single area that I work, which is on the sea this lovely theory of spending tons and person in this country. force committee, sea power committee, tons of money—and this is all through But in addition to that, the infla- and one of the big ticket items that we the 1930s and 1939—Secretary Morgen- tionary pressure that’s going to be cre- deal with are aircraft carriers. People thau comes before the House Ways and ated by all this printing of all this that know something about the Navy Means Committee. He said, We have money is unbelievable. They’re talking know that aircraft carriers are expen- tried spending a whole lot of money about something like over the next sive, and we protect them by putting and it doesn’t work. He’s pretty decade 7, 8, 9 trillion dollars in spend- other ships around them. We only have straightforward. It doesn’t work. Our ing, and that’s going to result in a tre- 11 of them currently in service, and unemployment is as bad as it’s ever mendous amount of printing presses they average about $3 billion histori- been, and we have a tremendous being run over at the Treasury Depart- cally. That’s what we paid for them. amount of debt to boot. ment. And when that money gets into

VerDate Nov 24 2008 04:00 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.120 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4221 circulation, it’s going to cause a tre- And the thing that really bothers me Mr. BURTON of Indiana. There’s just mendous amount of pressure as far as is that we went through a very large no question in my mind that the tre- inflation is concerned. recession back in the late 1970s. When mendous amount of spending that As a matter of fact, I know my col- Ronald Reagan, your hero and my hero, we’re doing right now is going to be league knows this, but just in the last came into office in 1980, he imme- very bad, not only for us but for the fu- couple of weeks we found out that the diately moved to cut taxes across the ture generations. The kids and the money supply in this country has been board, and because of that, even grandkids that we’re going to be hav- almost tripled in the last couple of though that economic problem we ing are going to be bearing the burden years. And because of that, we already faced back then was worse than it is of higher taxes and inflation, and it’s have a built-in inflationary pressure now, we came out of that and had the not necessary if we did the right thing that will be taking place I think in the longest period of economic growth that today by cutting taxes across the next couple of years. So I think there’s we’ve had in my memory, and that’s board. going to be a spike in inflation. because he cut taxes. He didn’t raise And I see both my colleagues are But I’d just like to add one more spending like this. He cut taxes so peo- here, and I really appreciate. And I’d thing. ple and businesses had disposable in- just like to say one more thing before Mr. AKIN. If I could reclaim my come that they could use to invest and I yield the floor to my colleague, and time, you talk pretty fancy words buy things. That’s what we need to be that is, everybody ought to take a hard about how this is going to create all doing today. look at what happened in the Great De- this inflation and stuff. I want to just Mr. AKIN. Just reclaiming my time, pression and what happened in the see if that connects to what I’m saying. what you’re talking about, Ronald 1970s and the 1980s with Ronald Reagan. Back in my district, the poor people Reagan, a lot of times people say that And you will see a real contrast be- are investing in lead, and the more Republicans, well, all we do is say tween trying to spend our way out of a well-to-do people are investing in gold. ‘‘no,’’ we don’t have any answers. But problem instead of cutting taxes and The poor one, it’s the lead shells for the fact of the matter is that this idea let the American people spend the different types of rifles, pistols and that Keynes had and Morgenthau had money the way they want to spend it shotguns; the other one is gold coins. about the government spending lots of and the way business wants to spend it. Maybe they’re thinking along the same money to fix the economy, it doesn’t Because if the American people have lines as you are, with inflation, you work, it’s never worked. So we vote more money to spend and if business have got to do something to protect ‘‘no’’ on what doesn’t work. has more money to invest, then they’re But what does work? Well, what yourself, and the government is just going to start doing the things that you’re saying is, one, you want the running the printing presses. will stimulate economic growth and government to spend less money, but Mr. BURTON of Indiana. If the gen- make the economy work; whereas, gov- the other thing is certain types of tax tleman will yield, there’s no question ernment trying to control everything cuts, not every tax cut, but certain that the inflationary pressure is very and trying to spend our way out of types, particularly the tax cuts that real, and the taxation that people are these problems we’re facing, it only put liquidity into the pocket of those going to face is very real, and it’s not leads to disaster. small businessmen—that’s 70 percent of something that we’re just making up It did in the 1920s. It did in the 1970s, the jobs in this country are created by for political purposes. It’s going to hap- and they will do it again right now if these entrepreneurs, these investors, we don’t get real and start cutting pen, and it’s going to happen very the small businessmen that get their quickly on the tax issue, and the infla- taxes instead of increasing spending things going. So that’s what Ronald across the board. tion issue is going to come in just the Reagan did, and boy, did it work. He next couple of years, in my opinion. wasn’t the only one that did it. JFK b 1900 But one of the things I wanted to did it, didn’t he? With that, let me yield to my col- mention—and I appreciate my col- Mr. BURTON of Indiana. That’s league, and I really appreciate you tak- league taking this time—and that is, right. He did it, and Reagan did it. ing the time tonight to do this. that there’s a book out called ‘‘The Reagan cut taxes for business, as well Mr. AKIN. I sure appreciate my col- Forgotten Man,’’ and it’s a book that I as for individuals, and today, if we cut league from Indiana and his wisdom. hope everybody who’s interested in the capital gains tax in half or cut it He’s been in the Chamber for some what happened during the Great De- out all together for maybe a year and number of years, keeps an eye on these pression and how that correlates to if we cut the income tax out for just things, and Congressman BURTON is a what’s happening today, if they’re in- two or three months, that would cost a great leader down here. terested in that, they really ought to great deal less than we’re spending, Mr. Speaker, Congressman SCALISE is read it because there’s tremendous par- and I have no doubt that it would stim- somebody who hasn’t been here as long allels between what happened between ulate a real rapid growth in the econ- but is readily and rapidly earning the 1929 and 1941 with what’s going on here omy of this country. respect of his colleagues on the floor, today. And that depression that we So I’d just like to say to my col- particularly for the fact that he is pay- went through in this country lasted for league and my other colleague that ing immediate attention to the number over 10 years, and that’s something just showed up on the floor, I want to one top priority, which is what’s going that we don’t want to see happen in the thank you both for taking this Special on fiscally. United States. Order. The American people really Mr. Speaker, I’m going to yield the Mr. AKIN. Reclaiming my time, I ought to appreciate what you’re doing remaining time for this hour and would have heard great things about that by explaining what in the Dickens is hope that Congressman SCALISE could book. My own father read it, and he going on around this place, and I’m then pick that up. just said it’s something you can read very happy that you’re doing that. The SPEAKER pro tempore. Without on an airplane. It’s fascinating. Mr. AKIN. Just reclaiming my time objection, the gentleman from Lou- Mr. BURTON of Indiana. Well, I do for a minute, let me ask you: on this isiana will control the balance of the read it on the airplane. chart this is the historic budget in bal- time. Mr. AKIN. Fascinating. So I appre- ance. Everything below this line, we There was no objection. ciate you mentioning it. ‘‘The Forgot- spent more money than we had. Any- Mr. SCALISE. Thank you, Mr. ten Man’’? thing above the line, we spent less than Speaker. I thank my friend from Mis- Mr. BURTON of Indiana. Yeah, but we had. Every single bar is a year souri for participating in helping lead the thing about it that’s important is going back to the 1980s and 1990s. You this hour-long debate on the issue that we’re making the same basic mistakes come across here. Does it strike you as is right now most important facing our we’ve made in the past during the 1920s being a little bit odd that in 2009 we country, and that is not only how to and the 1930s that led to the Great De- have this tremendous level of spend- get out of this economic crisis that pression and caused a tremendous ing? Does that look like a good sign to we’re in, but how to sustain and get amount of unemployment and heart- you? You know something about eco- our country back on footing in terms ache for the people of this country. nomics. I yield. of budget policy.

VerDate Nov 24 2008 04:00 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.122 H31MRPT1 jbell on PROD1PC69 with HOUSE H4222 CONGRESSIONAL RECORD — HOUSE March 31, 2009 In many ways, we’ve got problems in vious President’s accumulated, to ty big tax increase. That is like my en- our financial systems, but we’ve got going up to $23 trillion when President tire property taxes on the house that I big problems here in Washington as it Obama’s budget is fully implemented— have now. relates to spending and borrowing and if it’s fully implemented. So I’m picturing, Congressman, if taxing. That’s what brings us here tonight— you think about it a little bit, and all This week, we’re going to be voting the fact that this budget resolution has of a sudden your energy is going up at on the President’s budget. His budget not passed yet. It’s a proposal. It’s a such a tremendous rate and you’re hav- resolution is on the floor later this proposal by the President that I don’t ing to pay $3,000 more in taxes, what in week. It’s a budget that causes us great support, that many of us don’t support, the world are you going to do? concern because of its record levels of and I’m not sure that a majority of us Well, people in my State are going to spending, record levels of borrowing, don’t support it, because we will have a get that steel chain saw out, they’re and record levels of taxing not only vote and there is a chance that this going to be cutting up firewood, small businesses but every family in budget will pass. That’s why we’re try- they’re going to get themselves a this country that uses energy on the ing to lay out these facts. wood-burning stove, and they’re going energy cap-and-trade plan that just got These are facts. These haven’t been to start burning firewood instead of filed yesterday—the President’s cap- disputed. These are verified by the Of- natural gas. What’s the effect of that and-trade policy that adds a $646 bil- fice of Management and Budget, the going to be? Well, not as complete and lion tax increase which will fall on the Congressional Budget Office. Every- clean a combustion. backs of every American family. body that’s looked at this has con- So we’re going to put more CO2 and So when we talk about all of these firmed that the President’s budget will other types of gasses in the air by pass- policies, let’s look graphically at just more than double the national debt. ing this bill and it’s going to have the what this means in terms of spending Yet, we are presented with this vote exact opposite effect of what it’s sup- as it’s relating to the past decades in later this week. posed to do. our current national debt. Those of us on the Republican side It’s like when some brilliant genius Right now, if you look at the trend have presented an alternative budget. put this MTBE in our gasoline to make over the last few years, the budget def- In fact, we’ve laid out a plan to get us the air cleaner and people figured out icit was actually going down. It was back to surpluses; a plan that pays that it was ruining the water and the still too high. For those of us who do down, goes down on deficits—brings water table because it was washing out not support deficit spending, it was our deficits back down to where we’re of gasoline that was spilled and poi- still too high, but at least it was only spending as much money as we’re soning the water. So we do something trending down towards getting back to taking in. that is supposed to be making the envi- a balanced budget. Just like American families across ronment better—and we make it worse. Unfortunately, the first budget that the country during these tough eco- Here we go. We’re going to tax President Obama filed increases deficit nomic times—they are cutting back, everybody’s use of home energy. And spending—actually, record levels. Next they are making do with what they what’s going to happen? They’re just year would be a $1.9 trillion national have—this Congress should do the going to get wood-burning stoves. It’s deficit added to a record level of debt. same. This President should do the going to smell nice like a barbecue When we talk about the level of same. The Republican budget that we going on all the time. But this is just debt—and I think you’re seeing across have laid out now will do just that. another really bad idea, particularly in the country this budget has got a lot of It doesn’t add new taxes. In fact, it these hard times, to be laying one more people concerned, not only for what it cuts taxes so that small businesses can heavy tax burden. does in the first year of spending, but go out and hire more people. But then Now we heard a lot about President this comes on top of the stimulus bill, it responsibly spends to a level where Bush spending too much money. As a that massive spending bill, over $800 we will finally have a balanced budget, Republican, I voted against some of billion of deficit spending that the something that is critical—for our those proposals. But let’s do a compari- President signed in his first few weeks country to spend within our means. son here of exactly where we are be- in office. But then this budget thrown So my friend from Missouri I know cause you talk about trillions and bil- on top of that, when we look at what has been talking about this same lions of dollars, it makes my head spin. this means to future generations, this thing. I want to yield back to him But I can do a simple comparison. is where the real concern comes in. some time so that he can further ex- Here the average annual deficit under This is a chart that actually shows pound on it. President Bush is $300 billion, and what since the history of our country since Mr. AKIN. I appreciate the gen- is being proposed by the current Presi- 1789, when George Washington took the tleman yielding. There are a couple of dent is $600 billion. I can understand oath of office, through the period of things. In spite of how deadly serious the difference. There’s twice as much time that George W. Bush left the this is and the tremendous impact it’s spending going on here as there was White House in January of this year. having in terms of lost jobs and just under Bush. This country accumulated $10 trillion hammering people’s pensions and peo- Here’s the highest deficit. George W. of national debt. ple struggling with their payments, Bush, when the Democrats ran the Now it’s a level that I’m not com- one of the things that is so odd about House, that was when there was the fortable with and many people are not what we do in the government sector is most spending going through—$459 bil- comfortable with. But when you com- we pass these laws and they have unin- lion. Under President Obama, he’s pare that with President Obama’s tended consequences. looking at $1.2 trillion. That’s two budget, he mushrooms the national I’m just thinking about, Here we go times more deficit spending. debt from $10 trillion, which is the na- again. We’re just about to pass another Increase in the national debt. Under tional debt he inherited, to $23 trillion, silly law. And I’m thinking about how all of the years of President Bush, $2.5 when his budget that is going to be are my people in the great State of trillion. Well, that’s not good. Again, voted on late this week is taking ef- Missouri going to react. President Obama has got him beat two fect. We’ve got this cap-and-tax tax in- to one. Now, obviously you see graphically crease that you’re talking about. That So I think it’s helpful to try and put why so many of us oppose this record tax increase is going to be not on peo- numbers in perspective. What we are level of spending and borrowing. The ple over $250,000, but what this is going talking about is unprecedented spend- fact that one President in just one to be is a tax increase on the use of ening—and guess what the result of that budget resolution can double the na- ergy—of electricity, natural gas, pro- is going to be? You guessed it. Some- tional debt to do what it took 43 other pane, or whatever you’re heating your thing that none of us like. Jobs lost. Presidents to do in 220 years of our house with. That’s what’s happening. country’s history, this President will So just think about it a minute. This When you start spending too much double that number, to go from $100 has been estimated to be $3,100 per fam- money, taxing too much, borrowing too trillion in national debt that all 43 pre- ily in America per year. That is a pret- much, you start to lose jobs. Small

VerDate Nov 24 2008 04:00 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.123 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4223 businesses shrink down. The guy that books and the lessons of history. And tax and spend and borrow as much as made $250,000, now he’s getting taxed the biggest success of the EU is the re- this budget does, it is an attack on the and not putting that money back in his fusal to go this way.’’ future freedom, the freedom of future business. You had the head of the European generations of Americans. It’s making all Americans across our Union telling the President that he’s And I read this in Budget Committee country hurt. This is something we can spending too much money and that last week, Congressman, and it I think talk about numbers. But we’re also he’s concerned about President captures what is at stake here and why talking about people, Congressman. Obama’s spending. It’s almost like this is actually a moral question, in I appreciate your yielding some time when Otis, the town drunk, tells you my mind. About 2 weeks ago in our dis- here because this isn’t the way we he’s concerned about your drinking trict, Andrew and Emily Beck from should be going. What we should be problem. Carey, Ohio gave birth to their first doing is tightening the belt in govern- I think you need to take notice when child, their son, Olen, nine pounds, ment like everybody else is tightening leaders in Europe are telling the three ounces, 191⁄2 inches long, named their belt. United States that this President is after his grandfather. Little does Baby Understand that this is not govern- spending too much money. I think Olen know, but he already owes more ment money, this is hard-earned dol- that’s very riveting. In fact, it’s a than $30,000 in debt; and, if this major- lars not of ours, not of our children. major concern that a lot of us have. ity’s budget is passed, that debt will go It’s our grandchildren’s hard-earned That’s why those of us on the Repub- to $70,000 by the time he is able to dollars that are being spent. We just lican side and we invite our Democrats write his name. I mean, Baby Olen al- can’t allow this to go on. to join us in a bipartisan way to join ready with that kind of debt, and in I’m going to stand here, I know with our budget resolution, not a budg- just a few years it will reach $70,000 you’re going to stand here, and we’re et that spends too much, borrows too that every single person in this coun- going to fight until every American un- much, and taxes too much, but a budg- try is going to owe when you think derstands what is at stake. I believe et that actually balances the Federal about the amount of spending, the when America wakes up to what’s hap- budget, that does not raise taxes that amount of taxing, the amount of bor- pening here, they’re going to say: No will actually create jobs. rowing that takes place in the major- more spending, no more taxes. Back We filed this bill in a bipartisan way. ity’s budget. off, Washington, D.C., and let us do We’re reaching out to our Democratic Americans get it. I know the gen- what we have always done so well and colleagues to reject the path of dou- tleman from Louisiana, my friend and that is let America free enterprise and bling the national debt. So, hopefully, colleague, was talking about the opti- the American Dream pull us out of this they’ll join with us. mism that we heard from our friend mess. Somebody that is joining with us is from Missouri as well. Americans get I yield back. my friend from Ohio, Mr. JORDAN, it. It is why you are seeing all across Mr. SCALISE. Reclaiming my time, I who’s on the Budget Committee and the country these taxpayer tea parties, want to thank my colleague and friend has been participating in some of these where people are showing up and ex- from Missouri for laying out not only discussions and helping draft this al- pressing their outrage at this kind of the stark realities but the optimistic ternative plan. So I yield time. spending, this kind of behavior from tone that this is not something that 1915 their government, their Congress. has happened yet. This is an issue that b In fact, we had just 3 weeks ago in the American people are recognizing Mr. JORDAN of Ohio. I thank the Ohio, on the first nice spring Sunday when they see the concerns that they gentleman from Louisiana and our col- afternoon in Cincinnati, Ohio, we had have, which are the same concerns that league from Missouri for this Special over 4,000 people show up in Cincinnati we have, that the President’s budget Order hour, and appreciate the chance to say: Enough is enough. Stop the cra- spend too much, taxes too much, and to be with you. ziness, stop the insanity, stop this ri- borrows from our children and grand- You know, you hear ‘‘tax and spend’’ diculous level of spending. Exercise a children—money that we don’t have. politicians. I would argue it is actually little discipline, exercise a little fiscal So why is this bad? Because the num- the opposite, it is spend and tax. restraint. Make those tough decisions bers that you showed, the numbers Spending always drives the equation. that we sent you to Washington to that we show right here on this chart, Spending requires the increase in make. the fact that President Obama is dou- taxes. Spending requires the increase And it is always easy, I think I re- bling the national debt, something that in borrowing. Spending is what hurts lated this story another time on the took over 220 years and 43 Presidents to the future of our kids and our floor. I had a coach in high school who accumulate. He is more than doubling grandkids. And I know this has been talked about discipline every single that with his record level of spending. pointed out because I see the chart day in practice. He talked about it in What’s interesting is right now, just that the gentleman from Louisiana has the classroom, he taught chemistry today, they started a summit in Eu- displayed. and physics, he would talk about it in rope. The President went to Europe This budget, the Obama Democratic the wrestling room, he talked about it today and he is going to be meeting budget in the next 6 years adds more to every day: Self-discipline is the key. with other world leaders in Europe. the national debt than it took the pre- You have got to have self-discipline. He Just last week, European leaders— vious 43 Presidents to accumulate. So, would talk about it all the time. And now we’re seeing American people all from George to George, from Wash- he had a great definition. I got sick of across the country speaking out ington to Bush, we didn’t pile up as hearing him talk about it, as many against this record level of spending, much debt as this administration is teenagers would, but I am glad he did. recognizing the problems and dangers going to do in the next 6 years. And I He had a great definition. He said: Dis- that it’s going to pose not only to them would argue this: When you pile up cipline is doing what you don’t want do in terms of higher interest rates, lost that much debt, when you borrow and when you don’t want to do it. Basi- jobs, inflation, but also in terms of spend and spend and borrow and spend cally, that meant doing things his way what we will be leaving to our children and tax that much, it is actually an at- when you would rather do them your and grandchildren. All of this debt that tack on freedom. own way. It meant doing things the would be saddled on the backs of future When you tax that much, it is obvi- right way when you would rather do generations. ously an attack on the freedom of tax- them the convenient way. So Europe is actually taking notice. payers today, because we no longer And that is what we need around In fact, the Czech prime minister and have as much money, as much pur- here. The easiest thing in the world for the current European Union President, chasing power, as much of our income politicians to do is to get ahold of the Mirek Topolanek, said last week that to use on the goals and dreams and taxpayer wallet and spend the money. ‘‘the biggest success of last week’s EU those objectives that we have as indi- The tough thing to do is usually the summit was its refusal to copy the U.S. viduals and families. But probably right thing to do, and that is to say, example. We need to read the history more importantly, when you spend and you know what, we are going to have

VerDate Nov 24 2008 04:00 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.125 H31MRPT1 jbell on PROD1PC69 with HOUSE H4224 CONGRESSIONAL RECORD — HOUSE March 31, 2009 to prioritize. We can’t spend and spend not just a matter of being opposed to is, there is a God. God grants all and spend. We are going to have to something that we think is bad; we human beings certain basic rights, and slow down this spending, quit bor- proposed an alternative and a balanced the job of the government is to protect rowing, quit mortgaging the future of budget, a budget resolution that, un- those rights now. Baby Olen and other kids around this like the President’s, brings us down a Now, fast forward from 1776 to 1944, country and say we are going to do the road to increased national debt, dou- to the inaugural address by FDR. He right thing, which is get spending bling of the national debt, higher said, well, that first Bill of Rights— under control. taxes. We actually have a budget that which wasn’t a Bill of Rights; it was a That is why this budget is wrong. has no taxes, that actually cuts taxes Declaration of Independence, life, lib- That is why we will have an alter- for small businesses to create good erty, pursuit of happiness—was okay native that will have some fiscal re- middle-class jobs at a time when we for a while. But it wouldn’t be any straint, will lower taxes on the Amer- need to be creating jobs, and actually good if Americans are hungry or if an ican families that are already over- gets spending under control, brings us American needs a coat, or if some taxed, and do those things that we to a balanced budget. That is some- American is not secure. So we propose think will help improve the future eco- thing that we should all support, a second Bill of Rights, and that is that nomic situation of this country. Democrats and Republicans. the government should give you jobs With that, I yield back to my col- And this is what the two proposals and education and health care and league. And I appreciate, again, his look like right here. President Obama’s things like that. hard work on this Special Order hour budget is in red, and you can see the You note the clever twist here. The and this hard work in the Congress, graph continuing to go up in record first rights are things that naturally along with our colleague from Mis- spending and debt that is going to be occur to all people under God, the right souri. increasing. And then you can see the to free speech, the right not to be Mr. SCALISE. I want to thank my Republican Budget, actually getting killed, the right to own some property. friend from Ohio. And when he talks the spending under control and bring- These other kinds of things we are about the hard work and doing the ing it back down, bringing us to a bal- talking about now have a strange, hard work, doing the right thing even anced budget. strange parallel. when the easy way out might be more With that, I yield back to my friend We laughed some years ago in my appealing, he has got a little bit of hu- from Missouri (Mr. AKIN). past when we watched the Berlin Wall mility but he did that hard work and Mr. AKIN. I appreciate the gen- fall down and we said, we knew those was a two-time national champion tleman yielding. It has been such a commies or the USSR, that system wrestler. So, somebody who has been beautiful day here, we have got the would never work, communism, social- wrestling with the budget. But he has cherry blossoms in full bloom in Wash- ism. It won’t work. Why was that? got some good experience, and he ington, D.C., and yet we are talking Well, because the government is going speaks I think some very poignant about a very, very serious and very dif- to give you your health care, the gov- words. ficult problem with a government that ernment is going to give you your food And when my friend from Ohio is really out of control in spending. and your housing, the government is talked about those tea parties that are And I appreciate the gentleman from going to provide a job, the government going on, when we talk about tea par- Ohio, Congressman JORDAN, talking is going to provide an education. And ties nowadays, it is not a couple people about the discipline. We don’t have the don’t talk about God, because if you sitting around in sun dresses drinking discipline. talk about God then you know you hot tea; it is something that hearkens But, you know, part of it is that we have natural rights from God, not back to the days of our Revolution, the have forgotten some of the lessons that rights that come from a government. founding of our country when the Bos- the founders that came to this country So what we are doing in America ton Tea Party was that symbol, that understood. And I have thought back a with this kind of budget? What we are tipping point that many people had little bit, how is it that we got off doing in America is the government is where they said enough is enough. And track? And if you will allow me to just going to give you health care, the gov- then they revolted against taxation. wax a little bit philosophical. ernment is going to give you a job, the What we are seeing today in the This country was put together, and government is going to give you food country is a similar revolt against the unlike any other country in the world and a place to live. The government is spending, not just the taxing, but the America is a Nation that was founded going to give you an education. How spending and the borrowing, where on a creed. There are many things that are we so different from the system we thousands of people—and these are are distinctive about America. We have just watched fail? events that are organized not by com- the oldest Constitution. We have won a That is why the Europeans are laugh- munity organizers, not by government number of wars and ceded no territory. ing in their beers, looking at us and institutions. It is just regular citizens We have named no emperors, crowned saying, has America been smoking on their own, in many cases without no kings. And what we did was we those funny cigarettes or what? What much media attention, that are saying: taxed ourselves to rebuild. are we doing? And I think that is the We want to speak out against this America is a very unique place, and question we are trying to raise. spending. And thousands of people there are many reasons why Americans I don’t mean to be too philosophical, show up at these rallies. could be proud of this country. But but where did we got off track? We got In fact, on April 15, on tax day, which America also is a Nation that has, if off track on the road to socialism, to for many of us is not our most pleasant you will, a political or religious creed, the idea that the government is going day we look forward to, but on that and that is stated in our own Declara- to be all things to all people. And it day we have got two of those tea par- tion of Independence, why we went to does a lousy job of doing that. ties in my district, in Covington, Lou- war. And the sentence says: We hold What we should be doing, quite sim- isiana, and in Metairie, Louisiana, be- these truths to be self-evident that all ply, is protecting life and protecting cause citizen activists said we want to men are endowed by their Creator with people’s basic liberties. And what are speak out against this spending that is certain inalienable rights. And it goes we talking about doing? We are talking being proposed in Washington, D.C. on to say: Among these is life, liberty, about saying we are going to have a bu- And I think the real sign of encour- and the pursuit of happiness. Earlier reaucrat in D.C. to monitor what you agement that they have is that since versions of Jefferson’s documents were put on your radio program. We are much of this hasn’t happened, some of life, liberty, and property. going to call that The Fairness Doc- it has happened but much of this debt And then it goes on to say: Govern- trine. hasn’t been added yet to the rolls; and ments are instituted among men, de- We are going to take away your right before it does, they want to speak out riving their just powers essentially to to be able to vote without being com- so that we here in these halls in Con- do, what? To protect life, liberty, prop- pelled or feeling pressure, because we gress hear those voices. erty; life, liberty, pursuit of happiness. are going to get rid of the secret ballot And we are hearing them here, and So if you take a look at that for- election when it comes to joining a we are proposing an alternative. It is mula, what it is saying in simple terms union or not.

VerDate Nov 24 2008 04:00 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.126 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4225 We are talking about taking away to anybody who wants to see it. In fact, kids so they can have life a little bet- people’s freedom to own a piece of it is on the Internet. You can go and ter than they did. And then that gen- property because some local govern- look it up on the Internet and read the eration in turn, when they become par- ment wants to take it and turn it into details of what we propose. And that is ents, does the same thing for the next. a strip mall so you don’t have any pri- a budget that is balanced. That is an And it has been that continuation that vate property rights. interesting concept here in Wash- has led to the amazing standard of liv- I mean, what is going on? How come ington, D.C. these days. But it is a ing we enjoy in this country and pros- we are giving up freedom? I don’t think budget that we actually balance. perity and wealth over the years. It is we are on the right track. We don’t raise taxes. In fact, we cut a fascinating principle that parents I appreciate the gentleman with this taxes for middle-class families and for make the sacrifices to help their next hour, and I just felt like it was impor- small businesses to create jobs, to get generation. Unfortunately, what you tant to get back to what is basic in our economy back on track, and so we see in this budget is exactly the oppo- America, which is limited government can get control again on this runaway site. We are taxing and spending and that provides and protects our life, our spending that so many people are borrowing and mortgaging the future liberty, and our property, instead of speaking out about. of our children and our grandchildren doing this institutionalized theft. One of the other points that this in exactly the wrong direction that we Mr. SCALISE. Again, I thank my budget does that concerns many of us need to proceed. friend from Missouri. And when you is it borrows from Social Security. So Our colleague from Missouri talked talk about the Founding Fathers and what do these policies, what does ‘‘def- about the loss of freedom. And if you that great document, the U.S. Con- icit spending’’ really mean? Well, first think about this budget, I want to just stitution, which I would argue is the of all, last week when the Treasury De- talk about four things. There is an at- second most important document ever partment went out to sell debt—on oc- tack on liberty. There’s an assault on written, next to the Bible. And when casion, a few times a week, the Treas- freedom, as our friend from Missouri the Founding Fathers really talked ury Department actually goes out and pointed out. The tax increases con- about and articulated the foundation of sells debt. And last week they had a tained in this budget, when you tax our country when they were forming it, hiccup. There was a problem because people more and take more of their they really did believe in those things, some people weren’t buying the debt at money, you are taking away their abil- and they sacrificed tremendously for the levels they were expecting. And ity to go after their goals and dreams, that liberty, for that freedom, to cre- you saw the stock market tank that to pursue those objectives and those ate what has been the greatest experi- day. Unfortunately these days, we see a initiatives that have meaning and sig- ment in democracy in the history of lot of tanks in the stock market as re- nificance to them and to their kids and the world. And we still are that great actions to some of the things hap- their family and their small business. democracy. And the reason we are here pening here where you have the Fed- When you increase spending at this tonight is because we want to preserve eral Government, literally the govern- rate, we talked about this before, when that democracy, not just for ourselves, ment trying to tell private companies you have this kind of spending and this but for our children and for our grand- like GM whom to hire as their cor- kind of debt piled up, you limit the lib- children. porate CEO. These are not healthy erty and freedom of future generations Every generation in this country has signs for our country. But that debt of Americans. And when you impose in a fine tradition of passing on a better had a cost. this budget, which is in the document, Nation than the one that they inher- Another cost to that borrowing and this tax on energy that we have called ited. And many of us feel that if we go deficit spending is that in just the first the cap and trade or cap and tax, this down this road, we would be in jeop- 4 years, in President Obama’s first cap-and-trade concept which places a ardy of leaving a worse Nation behind. term, he will actually raid the Social tax on all the energy in our economy, And so it is well worth fighting for Security trust fund of $910 billion when you do that, you limit the free- those principles that our Founding Fa- taken away from Social Security. That dom of the entrepreneur and the small thers talked about are critically im- is a cost of this deficit spending. That business owner out there to get the en- portant. It is why we were elected. It is is why so many of us are speaking up ergy he or she needs to grow their busi- why we took the oath of office here in against this deficit spending, because ness and help our economy improve. It this Chamber in January, to uphold the senior citizens out there who are on is a direct attack on freedom for small principles that that document articu- fixed incomes expect that obligation to businesses owners. lates. be met by the Federal Government. Probably the one that gets Ameri- Young people that are working today cans the most is this idea that in this b 1930 are paying in, paying those Social Se- budget we are going to create this na- And when you look at this budget, curity taxes. Some may be cynical and tional health board which is going to when you look at the contrast, go back think they are not going to get any- be in the business of determining what to World War II, and you will see this thing for it. But it is an obligation that kind of health care you and your fam- massive spike in public debt held as a is made to them because they pay ily get. Instead of you and your doctor percentage of GDP. And of course we taxes into that system for that system and your family sitting down and fig- were fighting a world war. We won to be there for them. And how is that uring out what kind of health care World War II. And it was expensive. system going to be there for them if treatment you’re going to get, we are And as soon as World War II was over, this President in just 4 years raids the going to have this national board. we came out of it, and we got back to Social Security trust fund of $910 bil- Money is set aside in this budget to a regular level of spending. Then you lion? These are real consequences to pursue this advancement of national- see this massive spike, this red spike, this runaway spending. ized health care. I think, just what we which is representative of President So as we talk about these things, I’m need, the Federal Government deter- Obama’s budget contrasted by this going to yield back to my friend from mining how we get our health care. green line, which is the Republican al- Ohio to share his thoughts. That is a direct attack on freedom for ternative. Mr. JORDAN of Ohio. I appreciate families across this country. This bill, this is an alternative budg- the gentleman yielding. One of the things I know about et resolution that we filed. Too often Mr. Speaker I wanted to talk about Americans for sure, it is just part of we hear, and some of our friends on the the point we were on earlier, the great- who we are as a people, we hate being other side like to reinvent history and ness of this country and the freedom told what to do. We hate this concept. they say, ‘‘the Republicans have no al- that we have enjoyed for over two cen- Our colleague from Missouri was talk- ternatives. They are just against the turies. My friend from Louisiana made ing about the folks who settled this President’s budget.’’ I guess they don’t the point about one of the things that place. They came here because they know how to read this document. We makes us special, that makes us the wanted to practice their faith in the have copies right here on the House greatest nation in history, is this idea way they felt was most appropriate. floor, and we are distributing to them that parents make sacrifices for their They didn’t like the idea they were

VerDate Nov 24 2008 04:00 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.127 H31MRPT1 jbell on PROD1PC69 with HOUSE H4226 CONGRESSIONAL RECORD — HOUSE March 31, 2009 told what they were going to be taxed much, taxes too much and borrows too that will be voted on here in this House and what they were going to do and much. It is why we are opposing it. It Chamber later this week. The fact that didn’t have representation. Americans is why we are proposing an alternative one President with one budget, one 10- hate being told what to do. My friend budget, a budget that actually balances year budget proposal, can double the from Louisiana may have heard the old the Federal budget, that cuts taxes and national debt what it took 43 Presi- line, for most Americans when they are that gets Americans back to work. We dents in over 220 years in our country’s traveling down the highway and they actually have this online. It is at history to rack up $10 trillion in debt, see the sign that says ‘‘55,’’ for most gop.gov. We put it out there so that this President, one President with one Americans that is not the limit. That people can go see the details and com- budget proposal will more than double is the challenge. That is just the way pare it to what President Obama has that. That is what is at stake here. we are. It is part of being an American. proposed, which is a doubling of the na- That is why we are joining in this de- And this budget tells so many Ameri- tional debt. bate. That is why American people all cans, ‘‘we are going to take away your We have just a few minutes left. I across the country are going to these freedom. We are going to tell you how want to have a final word shared with rallies, these tea parties, to speak up. things are going to be. We are going to us by my friend from Missouri. We all understand that there is a role take more of your money. We are going Mr. AKIN. Well, I thank you very government must play. But it has to be to mortgage your kids’ future. We are much. And I appreciate your calling at- a limited role. It has to be a role that going to impose a cap and trade on this tention to the fact that we are on the is based in fiscal responsibility, not economy which is going to hurt the wrong track financially here. It is true just for us, but for future generations, ability of our economy to recover and that doing the wrong thing financially for our children and grandchildren who make it tougher for business owners to impacts our freedom in America. And want the same things, who want a bet- get the energy they need to grow their particularly it impacts something that ter life. And that is why people come to business and improve and create jobs. is precious to every red-blooded Amer- this great country. And we are going to tell you and your ican, and that is the American Dream. Again, when we talk about what is happening in Europe right now, the family what kind of health care treat- If you think back in the beginning of President is over there, it is very ironic ment you’re going to get.’’ our country there were all these crazy Americans aren’t going to stand for people that came to America, starting that the Czech leader, the head of the it. Again, we keep coming back to this. with a group called the Pilgrims. They European Union last week was lashing But consistent with the American tra- came to this land, and they had the out, lashing out at the President on his dition, it is great to see families and idea of building an entirely new civili- spending proposal, expressing concern. Americans and taxpayers all over this zation on a different set of principles. And it must say a lot when leaders in country, and they are all going to do it And after they had been here about a Europe are concerned about the spending that is going on here. again on April 15 at these taxpayer tea month, half of them died. And the cap- But it is not just leaders in Europe. parties, they are going to stand up and tain of the Mayflower comes to them It is people all across this country. And say ‘‘do you know what? We are not and says, ‘‘Things haven’t gone too some people have talked about the fis- going to take it.’’ Just like we have well. Maybe it is time for you to go cal irresponsibility of Congresses past, done for over 200 years, we are going to back to jolly old England with me.’’ So both Republicans and Democrats, those tell our elected officials, we are going he gives the commands. The boatswain of us who weren’t there back then, to tell the government, we are going to squares the yardarms, the anchor cable those of us who didn’t vote for those tell the Congress that we don’t want is wound up from Plymouth Harbor, at budgets. A lot of us came up here to fix our liberties attacked, and we want first large and then small, that those problems because we don’t think things done right. And it is great to see Mayflower sails out and beyond sight. it is responsible to spend money we that again. And here on the shore, with the wind don’t have. I appreciate the leadership of our col- blowing across the pine trees, is a little That is why I am the cosponsor of a league and friend from Louisiana and group of 50-plus people that had a balanced budget amendment to our our friend and colleague from Missouri dream of a new country based on new Constitution so that we can force fiscal for making these points and letting me principles. discipline in a place where unfortu- join them this evening. I yield back to It has been that way all the way nately it doesn’t exist right now. But it our friend from Louisiana. along. There have been these crazy peo- is not too late because this budget res- Mr. SCALISE. I thank my friend ple that came to America with some olution hasn’t passed yet. The vote will from Ohio for joining us tonight. And crazy idea, and then it became maybe a occur on this House floor later this the things he said are so true, that vague possibility. And then they wrote week. And everybody will have to take great entrepreneurial spirit that makes something down, and eventually it be- a position. I know I will be voting this the greatest country in the world came actually reality. And it happened against that budget because of what it where people literally envision the so often that we gave it the name the does, not only to our generation, to our American Dream, where industrialists ‘‘American Dream.’’ But it happened freedoms, but to future generations. like Henry Ford revolutionized the because there was a rarified environ- And that is why I’m supporting the al- auto industry and the manufacturing ment of freedom in America where peo- ternative, which is a budget that is bal- industry with the assembly line and ple could succeed. But they could also anced, a budget that actually cuts changed the way Americans can get fail. They understood that there was a taxes to help get our economy back on around and can see the country, people discipline that the gentleman from track. These are proven principles. like Bill Gates who dropped out of col- Ohio was talking about. Congressman These are things that have not been lege to pursue a dream and change the JORDAN understands discipline. There tried and failed before. The only thing way all of us communicate, literally, is a discipline. If you want to have free- that we know that has been tried and our day-to-day lives. That entrepre- dom, you also have to have responsi- failed in the past is massive spending. neurial spirit is still out there. But bility. And that is part of the Amer- And you can go back to the Great De- people don’t want it taken away by ican Dream. And that is being stomped pression in the 1940s when the Federal government literally coming in and out by this budget. Government spent and spent and spent. trying to control all of these areas of We won’t take it. And I appreciate And even the Treasury Secretary under our life with this cap-and-trade energy your taking the leadership and sched- FDR said the spending didn’t work, 8 tax which would put a $600 billion tax uling this hour and particularly your years of spending, and there was higher on the production of energy in the leadership financially here on this unemployment. United States, which would equate, by floor, Congressman. Thank you. Ultimately, we can fix this problem. most estimates, to more than $3,000 per Mr. SCALISE. Thank you, again. I But it starts with this vote on this American family in higher energy appreciate my friend from Missouri budget resolution that we are trying to costs. joining us in this hour debating and defeat later this week. That is part of this budget that we talking about what is at stake with I yield back. Thank you, Mr. Speak- are talking about that spends too this budget, the President’s budget, er.

VerDate Nov 24 2008 04:00 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.129 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4227 THE POPULIST CAUCUS the types of economic issues that affect caucus, my good friend from the State The SPEAKER pro tempore. Under middle class Americans and people of New York, and his name is MIKE the Speaker’s announced policy of Jan- struggling to get into the middle class. ARCURI. And MIKE is going to talk a lit- uary 6, 2009, the gentleman from Iowa And one of the reasons we chose to do tle bit about what motivated him to be (Mr. BRALEY) is recognized for 60 min- that is because we know that this one of the founding members of the utes as the designee of the majority country has been strongest when it is Populist Caucus, and where he sees this leader. focused on promoting values through caucus moving in the future as we Mr. BRALEY of Iowa. Mr. Speaker, public policy that are going to protect focus with a laser beam on these eco- I’m excited to be here tonight to talk and expand the middle class. And nomic values to help our constituents. about the Populist Caucus and to spend that’s why we were very excited when Mr. ARCURI. I want to thank my some time with members of that cau- we formed the caucus this year. good friend for yielding, and I want to cus talking about issues that are im- I’m going to be introducing some of thank him for having the idea and for portant to the people of America. my friends tonight who are members of bringing this to fruition. It’s taken, One of the things that I think is im- the caucus, including some of the vice certainly, a lot of work and a lot of ef- portant to talk about is why we de- chairs. But let’s talk about why now is fort, not only on your part, but on the cided to start this caucus and what it the time and now is the place for this part of your staff, to bring this to- is going to do. So it is important for caucus. gether, and I want to thank you for people to understand that populism is We know that the middle class is the that, because, I thank you on behalf of, not a bunch of people walking around economic engine that drives America’s not just my constituents in New York with pitchforks. It is people who care growth. We know that when policies in State, but for constituents and middle about middle-class economic values Washington reflect middle class values, class throughout the country. and how those values are translated it does more to expand economic op- The things that I think the Populist into public policy that is set here in portunity throughout this country. Caucus stands for are the issues that Congress and at the White House. And we know that when there are gross are important to middle class. And And to give a brief history lesson, disparities in income between the mid- also, I think it’s critically important this is not the first Populist Caucus dle class and the upper class, which that there is a grain of truth that the that has ever been organized in Con- we’ve seen played out over and over in middle class gets. They need to have gress. In fact, the very first Populist this current economic crisis, it creates someone out there defending them, Caucus that we have been able to iden- conflict that divides us as a country, looking out for their interests and, tify was formed in February of 1983. rather than bring us together. most importantly, telling them the And I think it is striking because of And so what we’re going to be talk- truth. some of the members who were part of ing about tonight is some of the values And you know, I was listening with that first Populist Caucus. Most of that we think are critical for the interest, as I know you were, just a these members were Midwest Demo- American people to be focused on in couple of moments ago to my col- crats. They included my Senator from this economic crisis, values that our leagues on the other side of the aisle Iowa who was a representative at the members reflect every day back in talk about some of the budget pro- time, TOM HARKIN. It also included their district, values that their con- posals of President Obama, and some of Berkley Bedell, an entrepreneur from stituents live every day back in their the points that I think we’ll probably Spirit Lake, Iowa, my friend Lane districts. end up talking about at some point Evans from Rock Island, Illinois, And one of the things that I want to during the evening. But they talk former Senate majority leader Tom do is talk briefly about how we take about the fact that the numbers in the Daschle, former Vice President Al this philosophy of strengthening and budget are the largest that they’ve Gore, Senator BYRON DORGAN from expanding the middle class, and trans- seen, that there has been in years. North Dakota, our good friend JIM late it into action. The thing that they don’t tell you OBERSTAR from Minnesota, who is One of the first things we did as a about that, however, is the fact that, Chair of the House Transportation and caucus was talk about what our found- for the first time in our history, the Infrastructure Committee, and the cur- ing principles were going to be. And cost of the war is actually put on the rent Governor of New Mexico, Bill again, we wanted to go back to these books so that the American people get Richardson. shared values that reflect the entire di- the truth. They actually know how versity of our Democratic Caucus and much is being spent. In past adminis- b 1945 how that is translated into the people trations that was never on there. We Now, one of the things that drew we represent in diverse districts all just borrowed the money as we went these members together, back in 1983, over America. And some common along and, as we say it, funded the wars was an economic crisis that was having themes kept coming back to us, and off the books. So the American people a profound impact in farm country out those themes are, good jobs, middle never knew actually how much it was in the Midwest. And the first Chair of class tax cuts, affordable health care, costing for our war, how much all of the Populist Caucus was TOM HARKIN. quality education, fair trade agree- these things were costing. This is an And the caucus was organized to fight ments, and consumer protection and honest, this is a true budget. for economic goals like fairer tax corporate accountability. But the thing about it, and I think structures, lower interest rates and Now, we’ve heard a lot lately about the thing that’s most important is this cheaper energy, because we were expe- corporate accountability. We’re going is really not just a budget. This is a riencing an energy crisis in 1983. And to be spending some time talking to- long-term plan for the future of Amer- one of the first things that that Popu- night about how corporate account- ica, for the future of America’s middle list Caucus did was ask constituents ability isn’t just a restriction on how class. from their districts to mail them their corporations operate, but it’s part of And I listen to my colleagues, and I gas receipts to show the rising price of their fundamental compact they make hear them talk, and I hear them criti- gas and how it was affecting their abil- with the American people to be respon- cize, but I did not hear a single alter- ity to take care of their families. sible stewards of their investors’ assets native proposal with respect to what Even though the new Populist Cau- and to provide value to all Americans, they were proposing to make the life of cus is organized on a very broad coali- not just to their shareholders, in the the middle class, to make the life of tion, with members from all over the way they conduct their business, the Americans better, to help Americans country, with representatives of the way they hold themselves out, and the find jobs, to help Americans improve Blue Dogs, the New Democrats, and the way they lived responsibly under the their quality of life. That’s what we’re Progressive Caucus, with members protections and legal opportunities looking for. That’s what we, I think, as from the Congressional Black Caucus, that they are allowed to operate under populists, look for and try to promote. the Congressional Asian Caucus and in each State of the United States. During the height of the Depression, the Congressional Hispanic Caucus, we So I’m going to start now by intro- Franklin Roosevelt once said some wanted to bring a laser beam focus to ducing one of the vice chairs of the words that now adorn the monument to

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En- my good friend from Ohio, BETTY SUT- those words are as powerful today as acting these reforms represent our best TON, who’s been a strong advocate for they were when he said them so many chance at restoring the American middle class values, for populist mes- years ago. ‘‘The test of our progress is Dream here at home, as well as con- sages and for the working trade group. not whether we add more to the abun- tinuing our role as the beacon of free- And I would like you to share with us dance of those who have much; it is dom and hope for the rest of the world. some of the reasons why you decided to whether we provide enough for those I’d again like to thank you for invit- join the Populist Caucus, and where who have too little.’’ Very profound ing me to be here tonight, for orga- you see this adventure going in the fu- words then, and very profound words nizing this, and I look forward to a ture. today. very enjoyable discussion this evening. Ms. SUTTON. Well, I thank my However, over the past 8 years, the Mr. BRALEY of Iowa. I thank my friend. And I too want to just extend Republican White House and Congress friend for those profound and insightful our appreciation for your vision in or- have largely ignored the fundamental comments. And I just want to respond ganizing, not only this evening and all truth in favor of the policies that fo- to one of the comments you made be- that we’re here to do by way of intro- cused on a top-down economic and so- fore I yield to my friend from Ohio. ducing the Populist Caucus, but for cial policies that benefit, frankly, big You talked about how important it is forming the caucus in the first in- business, the wealthy and the well-con- to the populist values and middle class stance, because it is so critical that the nected, and don’t look out for Amer- values to be open and candid with the people across this country know that ica’s middle class. And that’s why American people. And I think that’s their voices matter. And we are going we’re here. one of the things about the President’s to be a part of expressing those voices As a result, the middle class families budget proposal and the proposal we’re within the halls of this Congress, put- that have always been the true engines voting on here that is lost in all of this ting a face on the statistics that we so for our national economy, the center of chatter you hear on cable TV and on often rely on here. And sometimes it our culture, and the foundation for our talk radio; is that, for the first 2 years kind of gets away from some that those national security, have been left be- that the three of us served in the statistics actually refer to people and House, all of these costs associated hind with the devastating results of to families and what is happening to with the war in Iraq, the war in Af- our entire Nation. And now we’re all them. ghanistan, were put into supplemental paying the price. appropriations bills that were outside b 2000 The mission of the Populist Caucus is So I am very, very proud to be a to re-establish the core middle class the normal budget process, and they were enormously expensive. And yet member of the Populist Caucus and to American values that made this coun- they were never part of the total num- be a part of bringing Members together try great as the guiding principles of bers associated with President Bush’s who believe in investing in the middle our political discourse and our govern- budget proposal to Congress. And the class as well as in those who aspire to ment here in Washington. being middle class, because we know As history has repeatedly dem- American people were being misled to believe that the budget numbers in the that that is what is vital for the onstrated, a prosperous middle class President’s budget were an accurate re- strength of America. means a more prosperous America. A flection of their tax burden to support As a caucus, we are committed to re- vibrant growing middle class has been those ongoing efforts. storing, as my friend from New York the hallmark of our strength as a Na- In fact, I introduced an amendment has said and as you have said, Mr. tion over the past 70 years. to the Defense Authorization bill that Chairman, the core middle class values The Populist Caucus will aggres- went even beyond that and said, we that made this country great, and we sively fight for the passage of common- need to be truthful in disclosing to the are committed to ensuring that our sense legislation focusing on the expan- American people the true cost of the government’s policies are in line with sion and prosperity of the American war in Iraq and Afghanistan. those values. A vibrant, growing mid- middle class. And all of us had prior professional dle class has been the hallmark of the You mentioned just a little earlier, of experiences where we dealt with people strength of this country. It was the late we’ve been hearing a lot in the who would place a long-term economic middle class that built this great Na- media of the so-called populist rage calculation on someone’s loss of life, tion. A strong America depends on a and the anger of the middle class at the what their cost was for restitution, if strong middle class. Without a strong AIGs of the world. you’re prosecuting someone for com- middle class, our country does not Now, we are not here to incite or stir mitting a crime for the injury they achieve as much as we all know it is this populist rage, nor to promote class caused to somebody. And you can hire worthy of. The middle class is the warfare in any way, shape, fashion or economists that take the life expect- heart of this Nation. It is the engine form. But we are here to see to it that ancy of an individual, what their med- that drives productivity. the issues and interests of the middle ical needs are going to be, especially if Reflecting back on my youth, I grew class are protected and promoted at all you consider the signature injuries in up in a blue-collar community in Ohio, costs. Iraq, which are post-traumatic stress a community by the name of Bar- Specifically, the caucus will focus on disorder, traumatic brain injury and berton. I was the youngest of six kids— legislation that invests in working amputations. the proud daughter of a man who Americans, improves access to quality And yet, we were getting nothing worked in a boilermaker factory. My education for our children, creates jobs from the Department of Defense and mom worked at the city library. Be- for the middle class that will bolster the Bush administration about those cause of their hard work, our family of our economy, increase access to health defined, long-term costs that we owe to eight had a good chance; we had food care for all Americans, ensure that the veterans of this country who sac- on the table, and we had the promise of trade is not just free trade, but is fair rificed honorably to protect and defend the middle class before us and of all the trade, that the food you eat and the us. And yet, that is a huge component opportunity that it delivered, and we toys that your children play with are of the cost of the war that we have took advantage of it, but that was a safe, and that we promote fiscal re- been prosecuting. time when people could depend upon a sponsibility, accountability and dis- So I think you made an excellent good job. Oftentimes, those good jobs cipline, and create a government that point about what’s really in this budg- were manufacturing jobs, and you actually works for, not just the richest et message is we’re going to be honest could rely upon them and sometimes Americans, but for all Americans. with you; we’re in a difficult time eco- work, as my dad did, in the same place These are the fundamental building nomically, but it’s time for the Amer- for many years. blocks that will create a strong founda- ican people to hear the plain truth Now it is much more difficult. With tion for sustained long-term economic about what it costs to run this govern- health care costs rising, with insurance recovery and growth in this country. In ment and put us back on a positive not available to all, with pensions a lit- fact, these priorities are the only prov- track. And I thank you for that. tle shaky out there, to say the least,

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After 8 years way to Washington, D.C., to share with I think you touched upon health care, of failed Bush policies, the middle you?’’ and I think health care is so impor- class, frankly, and the country have My answer is always the same: ‘‘By tant. been sorely hit. helping put a human face on the public One of the things that the President They pushed through economic poli- policies we are setting, you give me the talks about and what I think our budg- cies that benefited the wealthy and the best arguments to make on why this et will reflect—I even hesitate calling well-connected. It is not just that. policy is worthwhile.’’ it a ‘‘budget’’ because I feel like it is They did so at the expense of the rest I think you made a very good point more of a blueprint, again, as to the fu- of us. They allowed the banks and Wall when you talked about the fact that we ture of how we see the country moving Street to have seats at the table, often have 25 members of our Populist Cau- forward over the next several years. leaving working families left outside. cus now, and I think every one of us One of the things about it is, for the They watched as millions lost their grew up in a middle class home, and first time, we actually have a budget. jobs, lost their health care, lost their every one of us has our own, unique life It is taking into consideration funding homes, and sadly, lost their dreams. story that explains why these values for health care for all Americans. I The national unemployment rate has are so important to us. I just want to mean think about that—and I think risen to a staggering 8.1 percent. In share a story from my own family ex- you did. I certainly did when I ran for Ohio, it is at 9.4 percent. These are sta- perience. office the first time. One of the main tistics that I’m talking about, but at- When I was 2 years old, my father reasons that I decided to run was the tached to those statistics are families, was working at a grain elevator in my fact that I could not understand why families who are going without even small Iowa town, Brooklyn—a small there were 47 million Americans who though all they want is a chance to town of 1,500 people, a little farming did not have health care in this, the make a living. They don’t want things community. There were four kids in richest country in the world, one of handed to them. They just want to my family at the time, and my mom only two industrialized countries that have the opportunity in this great had left her teaching career to raise a does not have any form of universal country to have a job where they can family. My father was taking a lid up health care, and we do not have health go to work, and they want to provide to the top of this grain bin, and he was care. the things that we all had the great about 30–35 feet in the air when he fell This proposal, this budget, will have benefit of having as young people. The and shattered his leg. It changed his in it for the first time—how shall I economic recession continues to chal- life. He was fortunate there was a safe- say?—a sketch, an outline, of how we lenge the resolve of the middle class as ty net in place to help take care of our will go forward and of how we will pay they strive to pay for life’s basic neces- family needs because, without it, we for health care for all Americans. That sities. would not have survived as a family, is critical. In contrast to what my col- Now, here with this caucus and with but he had to completely change his leagues said earlier, it is not about dic- our colleagues in this Congress, we are career and do something else with his tating to Americans what they need to called on to chart a new path, one that life. do, what they have to do. It is about is in line with the needs of the middle Without affordable health care, peo- giving them the tools, about giving class, one that is in line with the hopes ple placed in that situation fall be- them access to quality, affordable and the dreams of those who aspire to tween the cracks. The statistics show health care just like the rest of the get there. That is the reason I was us that more and more bankruptcies world has. One of the bills that I have proud to join this caucus—to help find every year are due to the fact that been working on and that I hope to in- the road back to middle class values middle class families can no longer af- troduce in the near future deals with and to ensure that that dream becomes ford to pay their medical bills or their that, and that has a lot to do with a reality again. insurance premiums. where I’m from. The needs of the middle class have Then, as a result of that injury, my One of the things that I have found been ignored for far too long, and it mother ended up going back to school that people do not understand is, when just has to end. We, the members of the to get her 4-year teaching degree be- someone’s children go to a 4-year col- Populist Caucus, will focus on the poli- cause she had had a 2-year teaching lege or to a 2-year college, they gencies, as you have laid out here, that certificate. She drove 26,000 miles. erally are covered under their parents’ strengthen and improve the lives of Without that education she was able to health care. However, there is a gap, American families, not policies that get, she would not have been able to and there are millions of children who leave them behind. We must make the have been a valuable breadwinner for go to technical schools to get certifi- promise of the middle class in the 21st our family during that period of time. cations who are not covered under century what it once was—the moral When we were much younger, many their parents’ plans. There is no cov- and economic backbone of our Nation. of us worked from an early age to help erage for health care. That is very un- I think that the comments that you pay for our college educations, and we fortunate. I mean those are middle and Representative ARCURI have made, had the benefit of very low interest, class families who have children who Representative BRALEY, are so on federally insured student loans and want to go, who maybe are not going to point, because, when we talk about the work study programs. We know, be- go to college to be engineers or who are moral and economic backbone of our cause this is based on pure economic not going to go to college to be teach- Nation, frankly, nothing reflects that theory and analysis, that the more ers but who are going to go to college any more than the budget. So your educational opportunities you have, to get a very important degree, a very points about the budget, about what is the higher your standard of living is important certification in a technical contained in the budget and about the going to be over your lifetime. There is trade. We need to do that. We need to honesty of the budget are all critical to a direct relationship. So all of these promote that. That is a middle class our government operating in a way things that are up here are reflected in value. That is something that we that is worthy of the people whom we our own life histories and in the people should be helping families do, not hin- represent. whom we represent, and that is why dering it by not giving them insurance. With that, I will yield back. they are so important to us. That is one of the things that, I think, Mr. BRALEY of Iowa. Well, I think So I am going to yield back to my populists do. They ensure that all you’ve made some excellent points. friend from New York so he can talk a Americans have the ability not only to You know, one of the things that little bit about his life experiences, the get health care but to improve their happens every day to every Member of people he represents and about some of stations. Congress is we have constituents from these individual values that bring us As my colleague from Ohio said, the our districts who come out and visit here tonight. ability to aspire to the middle class—to

VerDate Nov 24 2008 04:00 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.134 H31MRPT1 jbell on PROD1PC69 with HOUSE H4230 CONGRESSIONAL RECORD — HOUSE March 31, 2009 make better of themselves, to do better Mr. BRALEY of Iowa. Thank you, my Mr. BRALEY of Iowa. That is a per- for themselves than their parents were friend. fect example of the human drama that able to do—is what, I think, we as pop- Also, I just want to point out how the every one of us has as part of our life ulists advocate and work for on behalf description you just provided us is a experience that is a reflection of these of the middle class. So I am really perfect example of why having good values. proud to be able to be a part of that. jobs is a core populist, middle class And now I want to introduce one of I look back over what working people value. Think back to the way things our other new Members of Congress, a have accomplished in their lives, and I were. Some of our friends in the pre- rising star from the Old Dominion of see it a lot in my district in Upstate ceding hour were talking about Frank- Virginia, TOM PERRIELLO. And TOM is New York—in the Mohawk Valley—in lin Delano Roosevelt and about how his going to talk about some of the reasons the Utica-Rome area and in Auburn. policies drove us towards, as they de- that motivated him to join the Popu- One of the things that I find most in- scribed it, socialism. Think about it: list Caucus and some of these core val- teresting is when looking at the pro- Before Franklin Delano Roosevelt, a ues that are reflected in the people ductivity of our workers. I tour plants college education was a rare thing for that he represents in Virginia. and facilities all over my district, as I anyone in this country to have, and it And with that, I will yield to my know you do. What is the thing that was not until World War II when men friend from Virginia. you always hear from the people who and women from all over this country, Mr. PERRIELLO. Thank you. own the plants? ‘‘The productivity of but primarily from middle class fami- This is, indeed, a desperately needed our workers is great.’’ The produc- lies, met together and served their caucus because we have not had enough tivity of American workers has dra- country with honor and distinction in of a voice from either party standing matically, dramatically increased over the Pacific theater, in the European up for the middle class and these basic the past 20 years. Yet, in that 20-year theater, in Africa, and in Asia. It was a values. period when the productivity has gone great melting pot experience, intro- I spent the weekend meeting with through the roof for American work- ducing people from different regions, workers who had recently been laid off ers—in fact, they are one of the most people who never thought they had as another factory had closed down and productive workforces in the world— anything in common but who learned gone overseas. These are people who the real wages of that workforce have they really did have a lot of common worked for 20, 30 years at a time. I talk decreased. So we have individuals who values. When they came home, we did constantly, also, to people who have are doing more for the people for whom something remarkable, an incredible just recently gone through college, ev- they work, who actually are far more populist piece of legislation. It was erything we’re supposed to be encour- productive and who are allowing the called the GI Bill. aging right now in our society in order people who own their factories and who to compete in this global economy, but b 2015 own their small businesses to do bet- they come out shackled with so much ter, to produce more, which is a good And we saw an explosion in admis- debt with the cost of college that they thing. However, they are not earning sions to colleges all across the country. can’t serve their community in the more than they earned 10 or 20 years And the GI Bill wasn’t just an edu- way that they had hoped to, people ago. cational bill, it was also a home-buying that wanted to become teachers and You know, we sometimes hear people program, because low-interest loans come back to rural communities, like say, ‘‘Oh, the problem with the Amer- were provided to veterans, and it ex- the ones in my district, but simply ican people is that they charge too ploded, the homeownership and the cannot afford to do it. much.’’ Well, the fact of the matter is house building market in this country. And we have gone from investing in a you don’t charge too much because you It put people to work, it created some- future middle class to crushing the cur- want to. When your son or your daugh- thing called suburbs, which now are a rent middle class because we started a ter comes home from school and says, prevalent thing in every district in this cycle of debt. Instead of coming out of ‘‘Mom and Dad, I need a new pair of country. college with that opportunity in the sneakers. I’m trying out for basketball But those are examples of what we’re world before you, you come out already tomorrow, and my sneakers don’t fit talking about here, which is how the in that kind of debt from college. And me, and the coach says I need a new Federal Government reflecting popu- instead of those years that we used to pair of sneakers,’’ if you don’t have the list values can be a motivating factor spend saving money for a down pay- money, you go and you charge it be- in driving economic policy in a positive ment to buy that first home, that next cause that is something you do as a way that benefits all Americans. great step for middle class families, parent, but if you’re making less than And I want to come back and talk you spend those years, instead, spend- you made 10 years ago or 20 years ago, about some of these other issues. ing all of your savings to get out of you don’t have that money. That’s the Mr. ARCURI. Would the gentleman those loans. So by the time you go to kind of thing that, I think, we stand yield for just a minute? purchase that home, you may have for as populists, the kinds of things Mr. BRALEY of Iowa. Absolutely. zero down on that house, and we all that we want to make sure of. Mr. ARCURI. I am glad you men- know how that story ends. Hey, if the productivity of American tioned that, and I didn’t want to let the We aren’t giving people that oppor- workers goes up, then the salaries and moment go by without commenting on tunity to do the very things we need the wages that American workers earn it. them to do: to save, to invest, to edu- should go up as well. It is the fair I consider myself a direct recipient of cate, to prepare themselves to compete thing. It is the right thing. It is the the GI Bill—of the World War II GI Bill in the global workforce. And the cycle American thing. It is what has made because my dad was a poor kid from of debt continues. America great. Those are things that, the east side of Utica who would never Then we have credit card companies to me, are most important in our cau- have had an opportunity to attend col- and predatory lenders coming out so cus, and they are the things that, I lege, but he served his country in the that people continue to try to eke by think, are most important for me as a military, came back, and he was able month by month living from debt cycle populist. to go to Cornell University, and as a to debt cycle. This is the new story of Again, I am so pleased to be able to result of which, he insisted that—my yesterday’s middle class. be here to talk about these issues and sisters and myself—that we attend col- It is time, once again, to have the to bring them to the forefront and to lege. kind of values in this country that re- let the American people know that So it isn’t just a single generation ward work and good behavior, reward there are many of us here in Congress but multigenerational. It is really, as the people who are saving and doing ev- who are working hard to see to it that you say, probably the greatest populist erything right to play by the rules in- the middle class prospers, continues to piece of legislation that this country stead of investing—instead of shifting prosper and achieves all that they can ever passed. our priorities too often away from the possibly achieve. And I thank you for bringing that very people that are at the backbone of Thank you. I yield back. forward and for yielding to me. this country.

VerDate Nov 24 2008 04:00 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.135 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4231 So I believe this is a much-needed ef- And we see a lot of transfer among em- tomorrow with respect to—and you and fort to restore the middle class. And ployment as people move from job to I discussed it a little bit earlier—with one great place to begin is by making job. And if you ask most employers in respect to putting limitations on the college affordable. And I am proud that the workforce, employees in the work- amount of compensation that execu- we have already put forward a $2,500 force today, what their understanding tives can get for companies that re- tuition tax credit to help middle class of their job security was, they would ceive TARP funding. families afford that dream. But we say there is none. And I guess I look at it this way. And know that’s not enough to go forward So one of the things that we’ve I listened to the argument and the de- to make college affordable. talked about tonight is how the poli- bate today in detail. And, you know, But it’s also something that is help- cies that you implement are reflected there is a great deal of dissatisfaction ing our displaced workers be able to go in the values that American consumers with AIG, and certainly I can under- back and maybe pick up a community have, that American homeowners have, stand that. We all can understand that college course, move into the health that American employers have, and people are critical of what happened at care sector or another field where they that’s why one of the things we need to AIG. I am. We all are. And I listen to can earn a living wage to support their do a better job of in this Congress is ac- my colleagues on the other side of the family. But they say to me, ‘‘That’s a knowledging the people who do it right aisle, and I can understand that some 2-year program. What am I going to do and who are responsible corporate citi- of them are critical with the legisla- during those 2 years when I have just zens and use that as a motivation to tion that we will be considering tomor- lost my job?’’ get others to aspire to behave like row which puts limitations on com- We are not in an economy that re- them. pensations for executives. flects—we are not supporting policies And a good example of that came out The thing I can’t understand is how that reflect the economy we now face. last week during our food safety hear- people can be critical of both of those We no longer have an economy where ings in the Energy and Commerce Com- because if you are unhappy with what people have one job for 30 years and mittee. And we heard a lot about the happened at AIG, then you really have that company takes care of them. peanut butter hazard coming out of the to support the legislation, if you’re a And last of all, I just want to men- Georgia peanut butter plant. And one Member of Congress, that we’re putting tion, why is it that through this recent of the things that came out in those forward tomorrow because that legisla- economic crisis our community banks hearings is that some companies were tion will enable Congress to help put have remained rock solid in most of using an independent inspection group the kind of limitations on and do the our communities, good Main Street that was giving them certifications kind of oversight that we were all sent values, Main Street capitalism that that their product was not contami- to Congress to do. has continued to make good loans to nated even though they had tests that So I think that if there is dissatisfac- good people that still believe in the showed it was contaminated. tion within this House with respect to honesty of a handshake and looking I happened to be fortunate enough to AIG and what happened there, then we somebody in the eye. This has re- have a company, Nestle Corporation, should support and we should vote for mained solid while the speculators and that has a plant in my district in Wa- the bill that will be on the floor tomor- others have played poker with our pen- verly, Iowa. And when Nestle was faced row because that does give Congress sion funds and our future. It’s time to with that very same choice, they de- the ability to, again, do what Congress start getting support back to those cided to send one of their own inde- is supposed to do. And that is regulate. people who are the bedrock of our com- pendent auditors there to give them You know, you look back at how it is munity, Main Street and the middle the straight scoop on what was going that we have been and how we are put class. And I look forward to working on in that plant. And their auditor in this place that we are, and the com- with you on that. came back and said, ‘‘We should not be mon denominator, the answer that you Mr. BRALEY of Iowa. I thank the a part of this deal,’’ and they refused to keep getting is the lack of regulation. gentleman for those important obser- participate. And I tell the story this way. It was vations, and it brought to mind some So one of the things we’re trying to funny because when all of these things of the issues that we have been talking do by promoting these middle class were happening with the stock market, about in our Populist Caucus meetings. values is get back to a point where peo- with the banks, my daughter called me And one of the things that we fre- ple are responsible to each other, both from home and she said—she plays soc- quently talk about is the whole issue of as employees and employers, and to cer, and she was telling me about her corporate accountability. And one of create that type of environment where soccer game, and as most children do, the things that has come to light in re- they both benefit from the increased she was complaining about the ref- cent years is how corporations have productivity that my friend from New erees. They lost the game, and she was gone away from an employment philos- York was talking about earlier. blaming the referees. ophy that many of us, when we entered And with that, I am going to yield And I listened to her, as most parents the workforce, were very proud of. And back to my friend from New York, and do, and it came to me—and I said that was there was a sense that if you I would like to talk a little bit about goodnight to her, goodbye. And it came come and work for a company, there some of the things that we have been to me later on that night. And I said to will be job security. In fact, employers dealing with recently in terms of cor- her the next day, I said, ‘‘I know that marketed this. When they tried to hire porate accountability. you feel that you didn’t get a fair employees, they would show the num- Obviously, the whole issue with AIG shake from the referees, but can you ber of long-term employees who had has been a paramount issue, but it’s imagine what that game would have worked for them, and they said, ‘‘If you much deeper than just AIG and the way been like if the referees were off the come and work for us, you’re going to it conducted its affairs. It’s part of this field?’’ have these types of benefits. We will whole culture that we have seen on Well, that is what has happened over take care of you. When you complete Wall Street that does not reflect the the past 10 years. We have taken the your employment career with us, values on Main Street that most of us referees off the field. We have done you’re going to have a retirement sav- grew up with. away with the kind of regulation that ings build-up that’s going to allow you Mr. ARCURI. I thank the gentleman is necessary. The SEC has fallen on its to enjoy your life and be a proper re- for yielding. face and has not done the kinds of flection as a reward for the sacrifice I would like to talk a little bit about things—and we end up with scandals you have made to help us and make us the corporate accountability and also a like the Madoff scandal. Those are the a profitable company.’’ little bit about consumer protection. kinds of things that we need to put And in the last 20 years, we have seen But first, with respect to corporate back in. We need to put the regulation that whole concept of job security dis- accountability, as you know, I am on back in. appear from the workforce. And it is a the Rules Committee, and today we People talk about regulation like it rare employer now that rewards lon- had a hearing with respect to the bill is a bad thing. They don’t understand gevity and even promotes that concept. which I anticipate will be on the floor that that’s exactly what people elect

VerDate Nov 24 2008 04:00 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.136 H31MRPT1 jbell on PROD1PC69 with HOUSE H4232 CONGRESSIONAL RECORD — HOUSE March 31, 2009 us to Congress to do, and this is to en- Mr. BRALEY of Iowa. Just a personal are looking at the market they’re get- sure that the referees stay on the field observation, this is one of the things ting accurate information; if they’re and they keep an eye on things, and that drives me crazy about how our being responsible enough to save and they keep the playing field level. policy shifts back and forth, depending have a 401(k), that they’re not going to With that, I yield back. upon a boom or bust economy. see that disappear just because of Mr. BRALEY of Iowa. I think you But I have a very clear memory of Ponzi schemes being run on Wall have raised a very important point, buying my second house. It was prob- Street. and that is the populist values do not ably about 1992, and I had bought my And our job is to make sure that the reflect that more regulation should be first house in 1984. I had completely common good is protected, and when just burying people in red tape, because renovated it myself with my wife. We we put basic rules in place, not paper- I don’t know anybody on either side of sold it for a small profit and moved to work, but basic rules of accountability the aisle who thinks that burying peo- another neighborhood where we bought that reflect these middle class values, ple in mindless paperwork and keeping a house that was less expensive than then the market flourishes. We have people occupied processing paper is ef- the one we were selling, and this is entrepreneurship that is unmatched fective regulation. But there is a big right after the savings and loan debacle anywhere else in the world. We have difference between that and completely that led to a tightening of credit re- capital in this country, and we have giving up the regulatory field, as we strictions in the lending market. workers ready to work. We can and did with the credit default swaps when I will never forget when I was apply- must still out-compete the rest of the we had a chance to place them under ing for this loan, the bank officer said, world. We do that by creating a system some type of regulatory oversight in you have to fill out an affidavit ex- that allows people to have a certainty 2000 and failed to do it. And that led to plaining to us why you’re buying a to make those investments, to start a $55–63 trillion problem that nobody home that’s less expensive than the that business, and we need to make can get a handle on now. one you’re selling. And I thought to sure that we are encouraging that kind So we have learned some lessons, and myself, what is wrong with this pic- of innovation. part of our responsibility to the Amer- ture? Because growing up in a small I come from a part of the country ican public is to apply these values in Iowa town, with parents who grew up that has been hit hard by global trade effective, meaningful, minimal over- in the Depression, I was always taught over recent years. We’ve been dev- sight that accomplishes the results that you don’t spend beyond your astated as furniture factories, textile that we want to see happen. means; you’re supposed to be out there mills, and tobacco jobs have all gone I want to yield now to my friend trying to be good stewards of what you overseas. We have an opportunity now from Virginia because he was the one have and share it with other people. to turn yesterday’s tobacco area into who had the brilliant idea to add this And yet you’re having to justify mak- tomorrow’s green energy area, but part corporate accountability value to our ing a responsible purchasing decision. of how we do that is get private capital Populus Caucus themes. We’ve gone from that era to one And I would like you to talk a little moving investing in these areas and where you’re getting zero percent in- bit about why this is such an impor- creating the kind of small businesses terest, no money down, take as much tant value and how it reflects on the and middle class jobs of the next gen- as you want, and I think one of the middle class and their ability to go eration. But we can only do that if we things we want to see is we want to ahead and to have a productive and have a system of accountability in come back to some commonsense lend- meaningful life. place that can give people the cer- Mr. PERRIELLO. I thank the gen- ing values and commonsense pur- tainty that they need. tleman for yielding. chasing values, and these values are a You talked about the importance of I want to pick up on the point that two-way street. Let’s be honest. We deferred gratification as a middle class you just raised which is the idea that want to promote responsible decision- value, not spending the money that accountability is anti-Wall Street. making across the board, and that’s you haven’t yet saved. Well, we have The money managers that I know are why I think that your point was so on instead seen a culture of instant grati- looking for certainty. One of the worst target. fication, whether it’s the greed is good things we can say to the market is to And I yield back. mentality that we’ve seen by some on introduce the uncertainty of not know- Mr. PERRIELLO. I would say Madoff Wall Street, to the get rich or die trying what the rules are, because the fact wasn’t the only one running a Ponzi ing attitude that you see in hip-hop. is one of the middle class values you scheme. In many of these lending insti- This goes from pop culture to the elites discussed is basic responsibility. When tutions it was the same thing. When and across the board. we reward responsibility, that is a good you start getting debt equity ratios of What we need to do is get back to thing for the middle class. There were 10:1, 30:1, 100:1, that is not an account- that idea of basic personal responsi- many, many investment firms and oth- able system. And we found people who bility and rewarding responsibility, ers on Wall Street who knew the mort- are trying to find every loophole they and that’s an environment I think in gage-backed securities were out there can push through with huge amounts of which entrepreneurship and hard work who could have taken—had much bet- capital to do high risk. And they want will flourish. ter quarters in the short-term, but all the upsides during the good years, Mr. BRALEY of Iowa. I want to they chose not to engage in these very and then they don’t want to have to thank you for making an important high-risk speculative investments. face the downsides in a bad cycle. connection between a couple of the Now, we’re all in this together. The middle class values that we’ve been b 2030 President’s been very clear about that, talking about all night, and that is, What we did instead was we have now and he’s right to speak to that. But the corporate accountability and how it af- bailed out some of the least respon- fact is, part of how we’re in this to- fects fair trade. And one of the things sible, most speculative agencies, and gether is to make sure that those peo- that we know is that there are still not rewarded the responsible ones, and ple who made horrible mistakes are some lingering so-called free trade we see the same things on Main Street. held accountable. agreements that have been negotiated And you talked about no extra paper- I think we need to look seriously at by the Bush administration that are work. It is so important that we draw issues of fraud, fraud in many of these still on the table and are going to be a distinction between our community institutions and elsewhere, and even considered in some way, shape or form banks, who have been responsible continuing to see the way that some of in the future. through all this, and the megabanks, the markets are fluctuating based on And one of the trade agreements who have been driving the problem, so reporting in January and February that’s still outstanding is President that we don’t respond by punishing the versus March as we head to the end of Bush’s Panama Free Trade Agreement, responsible actors in our community the quarter. and this is where we get into some of who have really held things together We need to have basic accountability these values issues on corporate ac- when we’ve been right on the brink of so that the average middle class inves- countability because the GAO recently a depression. tor has some guarantee that when they did a study identifying Panama as one

VerDate Nov 24 2008 04:00 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.138 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4233 of eight countries, and the only current of fertilizers that our farmers can use, than blind, free trade is somehow idi- country and prospective trading part- on the kind of pesticides they can use, otic, and there’s a concern that this ner, that was listed on all of the major to ensure that the food that they populism is about mob rule. Well, popu- tax haven watchdog lists. In fact, Pan- produce is safe. And yet, we have these list values aren’t about pitchforks. ama has been a key target of the Orga- free trade agreements and we have the They’re about pragmatic results. nization for Economic Cooperation and ability of some other countries to bring And I think for every model someone Development for resisting inter- products into our country that don’t can show me on free trade, I can show national norms in combating tax eva- follow the same kind of protections and you reality and empirics. This is not sion and money laundering. don’t have the same kind of laws that about a theory cooked up in academia And now to tie this all into one big we have here, which I think jeopardizes about trade. It’s about the reality of bow, we’ve learned that AIG, arro- the quality of the food we get and cer- how the tiger economies and others gance, incompetence, greed, has sued tainly the products that we get. have competed. It has not been some the U.S. Government demanding more So that’s something that’s so impor- blind march to trade liberalization. It than $306 million in taxes it paid, twice tant to us, to the people that I rep- has been smart, strategic decisions by the amount of what it paid in the now resent back home and I think the peo- each of those countries to play to their infamous executive bonuses. ple all through America. comparative advantages. Here is what AIG is claiming. AIG is So it’s an important thing, and I I think that we have been negoti- claiming it overpaid taxes related to know we’re running out of time here, ating from a position of weakness in the activities of its AIG-linked Pan- but I think it’s something that we need these trade deals instead of negotiating amanian corporation, Star Inter- to discuss more and we need to spend a from strength, and I think it’s cost the national Company, which is chartered great deal of time on here in Congress middle class and the working class in the tax haven of Panama. And if because there’s nothing more impor- jobs. I think sometimes there’s an in- President Bush’s Panama Free Trade tant than keeping the food that we eat credibly naive attitude by those who Agreement is ratified, AIG’s largest and the goods that our family uses as would look down their noses at those shareholder, which is this derivative in safe as possible. who would engage in middle class and Panama and other offshore companies, Before I yield back, I would just like populist values, when in fact I think would have expansive new rights to to say one last thing. You know, I want the empirics are on our side. challenge U.S. tax laws. to quote another Roosevelt. I started So I think what’s important in this, In fact, there are currently 350,000 off quoting Franklin Roosevelt. I want again, is not that we pick up the pitch- foreign firms that are registered in to finish by quoting Teddy Roosevelt, forks but that we produce results. I Panama where there are zero to low and he said, The welfare of each of us think what we’re about is looking at regulations and taxing restrictions. So is dependent fundamentally upon the pragmatic solutions that take back we know that, if this treaty is ratified, welfare of all of us. That sounds an some of the raw deals that the middle these policies will inhibit the ability to awful lot like what President Obama is class has gotten for the last 20 years, protect the American people, crack saying, that we’re all in this together. particularly the last few years, and down on money laundering and tax We can’t forget that whether you’re a starts to stand up for those middle- cheating and shady financial deals. corporate executive or you’re a worker class families and working class fami- So one of the things that we’ve on the line, what is good for the execu- lies who are getting up every morning learned is that there is linkage be- and working hard and playing by the tween the important concept of cor- tive is good for the worker, and what is good for the worker is good for the ex- rules and suddenly being asked to bear porate accountability, fair trade poli- the brunt of everyone else’s mistakes. cies, and I want to yield to my friend ecutive. We are all in this together, and as my from New York to talk a little bit f colleague from Virginia said, it is im- about how those issues combine and b 2045 portant that we remember the things how they affect the people that he rep- THE SANCTITY OF HUMAN LIFE resents in upstate New York. that we do affect each and every Amer- Mr. ARCURI. Well, first off, I would ican, regardless of where you are or The SPEAKER pro tempore (Mr. like to say thank you and commend where you work. KRATOVIL). Under the Speaker’s an- my colleague from Virginia for his So, with that, I would again like to nounced policy of January 6, 2009, the well-thought-out and very articulate thank my friend for organizing this gentleman from Iowa (Mr. KING) is rec- presentation with respect to corporate today. ognized for 60 minutes. accountability. We certainly can use Mr. BRALEY of Iowa. I thank you, Mr. KING of Iowa. Mr. Speaker, I ap- that kind of passion here in Congress, and before I yield to my friend from preciate the privilege to be recognized and I thank you for that, what you Virginia for a closing comment, I just here tonight. Before my colleagues said, and what you talked about. want to point out that the Populist leave the floor, I hope they can hear a You know, one of the things that I’d Caucus is not anti-trade. We are not little bit of an alternative viewpoint, like to talk about just for a moment is protectionist, but we want American that being that this news flash, for es- something we haven’t touched on yet companies and American employees pecially my colleague from Iowa, cor- tonight but is a very important part of and American consumers to be on a porations don’t pay taxes, Mr. Speaker. the populist values, as articulated by level playing field with their competi- Corporations collect those taxes from you earlier, and that’s with respect to tors. And when you have trade agree- end users, consumers, retail people, consumer protection. ments that don’t have the same level of and then they aggregate the taxes from You and I took a trip down to the commitment to enforceability, then the consumers and they pass them on Port of Nogales last year to work with you don’t have a level playing field, to the Federal Government or State and get a firsthand view of some of the and that’s why fair trade agreements government or whatever the tax col- things we’re seeing with respect to the are important to protect all interests lecting body might be. border patrol. But one of the things we in the United States. For that reason, no matter what the did see is the fact that the Port of And with that, I want to yield back circumstances are, we are not going to Nogales is one of the largest ports for to my young friend from Virginia for be able to chase these corporations. bringing fruits and vegetables into this some closing comments and want to We’re not going to be able to chase country, many of which are from Mex- thank him for the important contribu- these corporations around the world ico. And one of the things that I think tions and voice he has added to our and collect that taxes from them be- is very important is that we need to caucus. cause they will always find another ensure that the fruits, the vegetables, Mr. PERRIELLO. Thank you for way to pay taxes or, of course, the obli- the food that we eat, the toys that our yielding. I just want to take a moment gation they have it to pass it onto the children play with are high quality. on this issue of trade. consumer. They need to be safe. I think there’s an attitude among the This is a fundamental principle when We put these strict standards on do- elites and among the mainstream it comes to holding this economy to- mestically produced food, on the kind media that assumes anything other gether and how we’re going to build the

VerDate Nov 24 2008 04:00 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.140 H31MRPT1 jbell on PROD1PC69 with HOUSE H4234 CONGRESSIONAL RECORD — HOUSE March 31, 2009 economy in this country and how we’re What our Founders drafted in the Catholic Basilica of Our Lady of Gua- going to compete with the rest the Declaration of Independence are the dalupe in Mexico City, presented bou- world. If we get that wrong, if we get it right to life and liberty and the pursuit quet of flowers on behalf of the Amer- wrong and we think that we can some- of happiness. That was not a random ican people—a very nice gesture—and how squeeze this capital out of these stream from the quill of Thomas Jef- then went on to Houston, Texas, to re- corporations that have lost about 40 ferson, Mr. Speaker. That was very spe- ceive the Margaret Sanger Award from percent of their asset value over the cific, very carefully thought out, very Planned Parenthood. last year or so if you just simply look prosaic designed phrase—the right to In her remarks, Secretary Clinton at the Dow, you’ll find out that you life, liberty, and the pursuit of happi- said she was ‘‘in awe’’—I repeat, ‘‘in can drive this free-market economy ness. Prioritized rights, Mr. Speaker. awe’’—of Margaret Sanger, the founder into oblivion and the free world will That right to life—the right to life is of Planned Parenthood. To our distin- not make progress. paramount to anyone’s liberty. And guished Secretary of State, I respect- So we need to get that fundamental the right to liberty is paramount to fully ask: Are you kidding? In ‘‘awe’’ of principle correct. We can’t simply get pursuit of happiness. Margaret Sanger, who said in 1921, corporations to pay taxes without So let me say that in my pursuit of ‘‘Eugenics is the most adequate and them passing it on to consumers. And happiness, if I should encroach upon thorough avenue to the solution of ra- that is the bottom line, Mr. Speaker. someone’s liberty, my pursuit of happi- cial, political, and social problems.’’ I didn’t come to talk about that, but ness loses its right out of deference to And who also said in 1922, ‘‘The most as I listened to my colleagues from the a higher priority right of liberty merciful thing that a family does to Populist Caucus—I discovered a new trumps pursuit of happiness. In pursuit one of its infant members is to kill it.’’ caucus here in the House of Represent- of liberty, if I were to choose a pursuit Later, in 1939, Sanger wrote, ‘‘We atives, Mr. Speaker—I raise another of liberty that would violate someone’s should hire three or four colored min- issue, the very vague and undefinable right to life, the right to life trumps isters, preferably with social service position of being for fair trade. anyone’s pursuit of liberty. backgrounds and with engaging person- If someone stands up and says they’re So our Founders understood these alities.’’ She wrote, ‘‘The most success- for fair trade, that means they’re not are prioritized rights. There’s a right ful educational approach to the Negro for free trade. They can be for free to life. That human life is sacred in all is through a religious appeal. We don’t trade and for smart trade, but you of its forms and we have to choose a want the word to go out that we want can’t be for fair trade and also be for time, we have to choose an instant to exterminate the Negro population,’’ free trade. when life begins because we simply she goes on, ‘‘and the minister is the Now that might seem like a little bit cannot err. So I choose that instant at man who can straighten out that idea of alliteration gobbledegook, Mr. if it ever occurs to any of their more Speaker, but the truth is that there is conception. Today, it’s conception/fer- tilization. When that happens, we have rebellious members.’’ no such thing as fair. Anyone who has Secretary Clinton in her speech said the biological beginning of life. raised more than one child—two or that Margaret Sanger’s life and leader- I believe that’s the moment that God more children, I might further define— ship was ‘‘one of the most trans- puts the soul in that little child. From understands there’s no such thing as formational in the entire history of the that instant on, they’re a unique indi- fair. A three-year old can figure out human race.’’ Mr. Speaker, trans- vidual. There will never be another one that their four-year old brother or sis- formational, yes. But not for the better identical to that unique individual. ter got an extra benefit along the way. if one happens to be poor, And they are all the solutions to the They’ll argue: That’s not fair. As soon disenfranchised, weak, a person of as they argue that, of course its subjec- problems in the world, aside from those color, vulnerable, or among the many tive. that come from above, come from those so-called undesirables who Sanger There’s no such thing as fair when it little children that are coming into would exclude and exterminate from comes to raising children, there’s no this world. the human race. such thing as fair when it comes to They have a right to life. We need to To me, and to many, including my trade, because another country will guarantee that right to life. That right distinguished colleague in the well, the have a different view on what is fair to life trumps anyone’s right to lib- juxtaposition of the last week’s two trade compared to what we will here in erty, as much as the right to liberty very public events in Mexico City and the United States. trumps anyone else’s pursuit of happi- in Houston bring into sharp focus two Those are the fundamental prin- ness. huge and irreconcilable world views. ciples. If we go down this path of this I can continue to give these exam- On the one hand, the miracle of Our nice feeling rhetoric of fair trade as op- ples, Mr. Speaker, but I think where we Lady of Guadalupe has for five cen- posed to having justice and equity and are at this point is, having laid the turies brought a message of hope, faith, balance and free marketing, if we go foundation, I recognize I have the gen- peace, reconciliation and protection for down this path of seeking to tax cor- tleman here from New Jersey, who has, the weakest, most vulnerable among porations and punish them, then we I think, put together a very strong and us. On the other hand, each year, Mar- will continually be frustrated by trying compelling case here in this Congress; garet Sanger’s Planned Parenthood to shape a policy that will never be someone who I can count on every time kills approximately 300,000 unborn achieved. to be with us every day as we stand up baby girls and boys in their abortion And that would be my comments to for the innocent unborn human life. clinics scattered throughout the the gentleman who I think gave a He’s someone who brings a passion to United States. heartfelt presentation here over the the scholarship, the conviction, the Worldwide, the loss of innocent last hour, Mr. Speaker. faith, the core principles to this cause, human life at the hands of Planned I didn’t come, as I said, to talk about an individual I get to count as a friend Parenthood is in the millions. Planned that. I came here to the floor of the and a colleague and someone who it’s Parenthood even supports the hideous House of Representatives tonight to an honor for me to be serve with. brain-sucking method of abortion talk about an issue that has to do with I’d yield to the gentleman from New called partial birth abortion. innocent unborn human life and these Jersey (Mr. SMITH). On a visit to the Basilica in Mexico timeless values of the sacredness of the Mr. SMITH of New Jersey. I thank City in 1999, Pope John Paul II publicly unborn child and the sacredness of all my good friend and colleague, Mr. entrusted protection of all at-risk human life. KING, for his leadership, for his consist- human life, including especially un- I have often made this case, espe- ency in promoting human rights, and born children and their mothers, to cially to our high school and our mid- for bringing to this floor tonight an- Our Lady of Guadalupe because the dle school students, but also across other opportunity for us to affirm the miracle she wrought 500 years ago re- this country, that we have these rights dignity and the value of all human life, sulted in an end to the barbaric prac- that come from God, and they are de- including that of the unborn. tice of human sacrifice to a serpent lineated in the Declaration of Inde- Mr. Speaker, last week, Secretary of God that claimed anywhere between pendence, Mr. Speaker. State Hillary Clinton visited the 20,000 and 50,000 victims a year.

VerDate Nov 24 2008 04:00 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.141 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4235 Indeed, the miraculous story of Our a special type of philanthropy or be- in the United States and certainly Lady of Guadalupe, known so well es- nevolence now widely advertised and across the globe is not done. pecially in Latin America, but really advocated both as a Federal program Translated, ‘‘not done’’ means more around the world, has been extraor- and as worthy of private endowment, abortions here in the United States, in dinarily compelling and inspirational which strikes me,’’ that is to say San- Latin America, Africa, and Asia, the for centuries. ger, ‘‘as being more insidiously inju- world. Planned Parenthood’s mission In 1531, the Blessed Mother appeared rious than any other. This concerns statement, documents, and work in the to Juan Diego, a native American at itself directly with the function of ma- field make it absolutely clear that they Tepeyac, near Mexico City, and asked ternity and aims to supply gratis med- seek a global unfettered right to com- that a church be built on the site of the ical and nursing facilities to slum mit violence against unborn children apparition. The Catholic bishop was mothers. at all stages of development. Planned skeptical and asked for a sign. At the ‘‘Such women are to be visited by Parenthood seeks integration of all behest of the Blessed Mother, and de- nurses and receive instruction in the health care with abortion, with no con- spite the fact it was winter, Juan Diego hygiene of pregnancy, to be guided in science rights whatsoever for medical gathered roses from the site into his making arrangements for confinement, practitioners, no parental consent or tilma for presentation to the Bishop. to be invited to come to the doctors’ notification whatsoever for minors. When Juan Diego met with Bishop clinics for examination and super- And all of this paid for by the United Juan de Zumarraga with the roses vision. They are, we are informed, to States taxpayer. tucked under his apron, a miraculous receive adequate care during preg- Which begs the question, Mr. Speak- image suddenly appeared on the cloth. nancy, at confinement, and for 1 month er. Is our Secretary of State unaware The Bishop was stunned, and he be- afterwards. Thus, are mothers and ba- of Margaret Sanger’s inhumane beliefs? lieved. The image of the Blessed Moth- bies to be saved, childbearing is to be Was she not briefed on Margaret er wasn’t painted. There are no brush made safe.’’ Sanger’s cruel and reckless disregard strokes. To this day, the image defies Construing to demean the generosity for poor, pregnant women? Respect- all scientific explanation as to its ori- of pregnancy care centers, Margaret fully, Secretary Clinton should at a gin. Sanger goes on to say, ‘‘The work of minimum return the Sanger award. Within a few years of the miracle, the maternity centers in the various More importantly, Congress and the more than 9 million Aztecs converted American cities, which they have al- White House must at long last take a to Christianity and a strong devotion ready been established and in which long, hard, second look at the multi- to Our Lady of Guadalupe began that they are supported by private contribu- million, almost billion, dollar corpora- continues to this day. Each year, some tions and endowment, it is hardly nec- tion called Planned Parenthood, Child 18 million to 20 million pilgrims visit essary to point out is carried out Abuse Incorporated. the miraculous image in Mexico City. among the poor and the most docile Let’s be honest, Mr. Speaker. Abor- Last Thursday, Hillary Clinton vis- section of the city, among mothers tion is violence against children. It dis- ited the shrine. On Friday, she paid least able, through poverty and igno- members and chemically poisons a homage to Planned Parenthood and to rance, to afford the care and attention child to death. It hurts women phys- Margaret Sanger. necessary for successful maternity. ically, psychologically, and spiritually. Margaret Sanger is the founder of ‘‘The effect of maternity endowments There is nothing whatsoever compas- Planned Parenthood. She was a self-de- of maternity centers supported by pri- sionate, benevolent, ennobling, benign, scribed pro-abortionist eugenist and a vate philanthropy would have perhaps or empowering about abortion. It is a racist who considered charity care for already have had exactly the most violation of a child’s fundamental impoverished, disenfranchised women, dysgenic tendency. The new govern- human rights. including women of color, especially ment program would facilitate the Rather than partnering with Planned pregnant women, to be ‘‘cruel.’’ function of maternity among the very Parenthood and like-minded NGOs to In her book, ‘‘The Pivot of Civiliza- classes in which the absolute necessity promote abortion worldwide with hun- tion,’’ Margaret Sanger devoted an en- is to discourage it. dreds of millions of taxpayer dollars, tire chapter that she entitled: ‘‘The ‘‘Such benevolence,’’ she goes on to the United States should affirm the in- Cruelty of Charity,’’ to her inhumane say, ‘‘is not merely superficial and herent value, dignity, worth of both case for not helping—and I repeat nearsighted.’’ Sanger continues, ‘‘It victims of abortion, mother and child. that—not helping poor pregnant conceals a stupid cruelty. Aside from We need to promote nonviolent, life-af- women with prenatal and maternal the question of the unfitness of many firming solutions to women both here care. women to become mothers, aside from as well as abroad. Women deserve bet- Sanger said in the book—and I read the very definite deterioration in the ter than abortion. We should always her book—‘‘We are paying for and even human stock that such programs would and in every way affirm the precious submitting to the dictates of an ever inevitably hasten, we may question its lives of both. And on that score, Mar- increasing, unceasingly spawning class value even through the unfortunate garet Sanger and far too many others of human beings who never should have mother. would disagree. been born at all.’’ I strongly urge my colleagues to take In chapter 5—again, chapter 5 is b 2100 that second look at Planned Parent- called: ‘‘The Cruelty of Charity’’—she Simon concludes, ‘‘The most serious hood. It is time to respect the value writes, ‘‘Organized charity itself is the charge that can be brought against and the dignity of all human life. symptom of a malignant social dis- modern benevolence is that it encour- Mr. Speaker, last week, Secretary of State ease.’’ Sanger writes, ‘‘Those vast, ages’’—and I say this again—‘‘the per- Hillary Clinton visited the Catholic Basilica of complex, interrelated organizations petuation of defectives, delinquents, Our Lady of Guadalupe in Mexico City, pre- aiming to control and diminish the and dependents.’’ Such audacity, such sented a bouquet of flowers on behalf of the spread of misery and destruction and an inhumane view of human life. American people—a nice gesture—and then all the menacing evils that spring out Mr. Speaker, in her speech at the went on to Houston, Texas to receive the Mar- of this sinisterly fertile soil are the Planned Parenthood gala accepting the garet Sanger Award from Planned Parent- surest sign that our civilization has Margaret Sanger award—and I have hood. bred, is breeding, and is perpetuating many other quotes from Sanger that I In her remarks, Secretary Clinton said she constantly increasing numbers of will put into the RECORD, and I invite was ‘‘in awe’’ of Margaret Sanger, the founder defectives, delinquents, and depend- Members and the American people to of Planned Parenthood. To our distinguished ents.’’ That’s Margaret Sanger, founder look at those quotes, and there is so Secretary of State, I respectfully ask, are you of Planned Parenthood. much more. kidding? In ‘‘awe’’ of Margaret Sanger who She continues, ‘‘My criticism there- But in her speech last Friday, Sec- said in 1921 ‘‘Eugenics is . . . the most ade- fore is not directed at the failure of retary Clinton said she admired Sanger quate and thorough avenue to the solution of philanthropy but rather at its suc- for her vision, was in awe of her, and racial, political and social problems’’ and in cess.’’ Sanger goes on to say, ‘‘There’s that Margaret Sanger’s work here and 1922 said, ‘‘The most merciful thing that a

VerDate Nov 24 2008 04:24 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00105 Fmt 7634 Sfmt 9920 E:\CR\FM\K31MR7.142 H31MRPT1 jbell on PROD1PC69 with HOUSE H4236 CONGRESSIONAL RECORD — HOUSE March 31, 2009 family does to one of its infant members is to Margaret Sanger, the founder of Planned Sanger concludes, ‘‘the most serious charge kill it.’’ Parenthood was a self-described pro-abortion that can be brought against modern ‘benevo- Later in 1939 Sanger wrote ‘‘We should hire eugenist and racist who considered charity lence’ is that it encourages the perpetuation of three or four colored ministers, preferably with care for impoverished, disenfranchised defectives, delinquents and dependents.’’ social-service backgrounds, and with engaging women, including women of color, especially Sanger also said: personalities. The most successful educational pregnant women, to be ‘‘cruel.’’ In her book, ‘‘The most merciful thing that a family does approach to the Negro is through a religious the Pivot of Civilization, Margaret Sanger de- to one of its infant members is to kill it.’’ appeal. We don’t want the word to go out that voted an entire chapter entitled ‘‘The Cruelty ‘‘Birth control must lead ultimately to a we want to exterminate the Negro population of Charity’’ to her inhumane case of not help- cleaner race.’’ and the minister is the man who can straight- ing—I repeat not helping—poor, pregnant Margaret Sanger, Woman, Morality, and en out that idea if it ever occurs to any of their women with prenatal and maternal care. Birth Control. New York: New York Publishing more rebellious members.’’ Sanger said in the book, ‘‘We are paying for Company, 1922. Page 12. Secretary Clinton said in her speech that and even submitting to the dictates of an ever ‘‘We should hire three or four colored min- Margaret Sanger’s ‘‘life and leadership’’ was increasing, unceasingly spawning class of isters, preferably with social-service back- ‘‘one of the most transformational in the entire human beings who never should have been grounds, and with engaging personalities. The history of the human race.’’ Mr. Speaker, born at all.’’ In Chapter 5 of that book Sanger most successful education approach to the transformational yes, but not for the better if writes: Negro is through a religious appeal. We don’t one happens to be poor, disenfranchised, ‘‘... Organized charity itself is the symp- want the word to go out that we want to exter- weak, disabled, vulnerable, or among the tom of a malignant social disease. minate the Negro population and the minister many so called undesirables who Sanger ‘‘Those vast, complex, interrelated organiza- is the man who can straighten out that idea if would exclude and exterminate from the tions aiming to control and to diminish the it ever occurs to any of their more rebellious human race. spread of misery and destitution and all the members.’’ To me—to many—the juxtaposition of last menacing evils that spring out of this sinisterly Margaret Sanger’s December 19, 1939 let- weeks two very public events—in Mexico City fertile soil, are the surest sign that our civiliza- ter to Dr. Clarence Gamble, 255 Adams and in Houston—bring into sharp focus, two tion has bred, is breeding and is perpetuating Street, Milton, Massachusetts. Original source: huge and irreconcilable world views. constantly increasing numbers of defectives, Sophia Smith Collection, Smith College, North On the one hand, the miracle of Our Lady delinquents and dependents.’’ Hampton, Massachusetts. Also described in of Guadalupe has for 5 centuries brought a Sanger continues, ‘‘My criticism, therefore, Linda Gordon’s Woman’s Body, Woman’s message of hope, faith, love and protection for is not directed at the ‘failure’ of philanthropy, Right: A Social History of Birth Control in the weakest, most vulnerable among us. On but rather at its success. . . .’’ America. New York: Grossman Publishers, the other hand, each year Margaret Sanger’s Sanger goes on to say, ‘‘there is a special 1976. Planned Parenthood kills approximately type of philanthropy or benevolence, now ‘‘Eugenic sterilization is an urgent need . . . 300,000 unborn children in their abortion clin- widely advertised and advocated, both as a We must prevent multiplication of this bad ics throughout the United States. Worldwide federal program and as worthy of private en- stock.’’ the loss of innocent human life at the hands dowment, which strikes me (Sanger) as being Margaret Sanger, April 1933 Birth Control of Planned Parenthood is in the millions. more insidiously injurious than any other. This Review. Planned Parenthood even supports the hid- concerns itself directly with the function of ma- ‘‘Eugenics is . . . the most adequate and eous brain sucking method of abortion called ternity, and aims to supply gratis medical and thorough avenue to the solution of racial, polit- partial birth abortion. nursing facilities to slum mothers. Such ical and social problems. On a visit to the Basilica in Mexico City in women are to be visited by nurses and to re- Margaret Sanger. ‘‘The Eugenic Value of 1999, Pope John Paul II publicly entrusted ceive instruction in the ‘‘hygiene of preg- Birth Control Propaganda.’’ Birth Control Re- protection of all at risk innocent human life, in- nancy’’; to be guided in making arrangements view, October 1921, page 5. cluding and especially unborn children and for confinements; to be invited to come to the ‘‘As an advocate of birth control I wish . . . their mothers, to Our Lady of Guadalupe be- doctors’ clinics for examination and super- to point out that the unbalance between the cause the miracle she wrought 500 years ago vision. They are, we are informed, to ‘‘receive birth rate of the ‘unfit’ and the ‘fit,’ admittedly resulted in an end to the barbaric practice of adequate care during pregnancy, at confine- the greatest present menace to civilization, human sacrifice to a serpent god that claimed ment, and for one month afterward. Thus are can never be rectified by the inauguration of a 20,000 to 50,000 victims a year. mothers and babies to be saved, ‘Childbearing cradle competition between these two classes. Indeed, the miraculous story of Our Lady of is to be made safe.’ ’’ In this matter, the example of the inferior Guadalupe has been extraordinarly compelling Construing to demean the generosity of classes, the fertility of the feeble-minded, the and inspirational for centuries. In 1531, the Blessed Mother appeared to pregnancy centers Sanger continues, ‘‘the mentally defective, the poverty-stricken class- Juan Diego, a Native American at Tepeyac, work of the maternity centers in the various es, should not be held up for emulation . . . near Mexico City, and asked that a church be American cities in which they have already ‘‘On the contrary, the most urgent problem built on the site of the apparition. been established and in which they are sup- today is how to limit and discourage the over- The Catholic Bishop was skeptical and ported by private contributions and endow- fertility of the mentally and physically defec- asked for a sign. ment, it is hardly necessary to point out, is tive.’’ At the behest of the Blessed Mother, and carried on among the poor and more docile Margaret Sanger. ‘‘The Eugenic Value of despite the fact that it was winter, Juan Diego sections of the city, among mothers least able, Birth Control Propaganda.’’ Birth Control Re- gathered roses from the site into his tilma for through poverty and ignorance, to afford the view, October 1921, page 5. presentation to the Bishop. care and attention necessary for successful ‘‘The campaign for birth control is not mere- When Juan Diego met with Bishop Juan de maternity. . . . The effect of maternity endow- ly of eugenic value, but is practically identical Zumarraga with the roses tucked in his apron, ments and maternity centers supported by pri- with the final aims of eugenics.’’ a miraculous image suddenly appeared on the vate philanthropy would have, perhaps already Margaret Sanger. ‘‘The Eugenic Value of cloth. have had, exactly the most dysgenic tend- Birth Control Propaganda.’’ Birth Control Re- The Bishop was stunned, and believed. The ency. The new government program would fa- view, October 1921, page 5. image of the Blessed Mother wasn’t painted— cilitate the function of maternity among the ‘‘Our failure to segregate morons who are there are no brush strokes—and to this day very classes in which the absolute necessity is increasing and multiplying . . . demonstrates the image defies all scientific explanation as to to discourage it.’’ our foolhardy and extravagant sentimentalism its origin. Such ‘‘benevolence’’ is not merely super- . . . [Philanthropists] encourage the healthier Within a few years of the miracle, more than ficial and nearsighted. and more normal sections of the world to 9 million Aztecs converted to Christianity and Sanger continues to write: ‘‘it conceals a shoulder the burden of unthinking and indis- strong devotion to Our Lady of Guadalupe stupid cruelty . . . Aside from the question of criminate fecundity of others; which brings with began, that continues to this day. Each year the unfitness of many women to become it, as I think the reader must agree, a dead some 18–20 million pilgrims visit the miracu- mothers, aside from the very definite deterio- weight of human waste. Instead of decreasing lous image in Mexico City. ration in the human stock that such programs and aiming to eliminate the stocks that are Last Thursday, Hillary Clinton visited the would inevitable hasten, we may question its most detrimental to the future of the race and Shrine. Then on Friday she paid homage to value even to the normal though unfortunate the world, it tends to render them to a men- Planned Parenthood and Margaret Sanger. mother.’’ acing degree dominant . . . We are paying

VerDate Nov 24 2008 05:05 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00106 Fmt 7634 Sfmt 9920 E:\CR\FM\A31MR7.059 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4237 for, and even submitting to, the dictates of an Congress and the White House must, at long The Office of Legal Counsel, the per- ever-increasing, unceasingly spawning class last take a long hard second look at the multi- son who heads that up, this would be of human beings who never should have been million corporation Planned Parenthood—Child Dawn Johnsen, should she be confirmed born at all.’’ Abuse Inc. by the United States Senate, has the Margaret Sanger. The Pivot of Civilization, Let’s be honest, Mr. Speaker. Abortion is vi- opportunity to whisper into the Presi- 1922. Chapter on ‘‘The Cruelty of Charity,’’ olence against children. It dismembers and dent’s ear over and over again Con- pages 116, 122, and 189. Swarthmore College chemically poisons a child to death. It hurts stitutional recommendations, which Library edition. women physically and psychologically and are actually considered to be binding ‘‘The undeniably feeble-minded should, in- spiritually. There is nothing whatsoever com- precedent unless it happens to be over- deed, not only be discouraged but prevented passionate, benevolent, ennobling, benign or turned by the courts, so very seriously from propagating their kind.’’ empowering about abortion. It is a violation of taken, and the opportunity to advocate Margaret Sanger, quoted in Charles a child’s fundamental human rights. for policy. Valenza. ‘‘Was Margaret Sanger a Racist?’’ Rather than partnering with Planned Parent- This is Dawn Johnsen, who says that: Family Planning Perspectives, January–Feb- hood and like minded NGOs to promote abor- Abortion should not be rare. And actu- ruary 1985, page 44. tion worldwide, with hundreds of millions of ally went so far as to take issue with ‘‘The third group [of society] are those irre- taxpayer dollars, the United States should af- Hillary Clinton whom, in the presi- sponsible and reckless ones having little re- firm the inherent value, dignity and worth of dential campaign, who said abortion gard for the consequences of their acts, or both victims of abortion—mother and child. should be safe, legal, and rare. At least whose religious scruples prevent their exer- We need to promote both at home and rare is the right direction to go, and cising control over their numbers. Many of this abroad. We should always and in every way legal is another question. But here is group are diseased, feeble-minded, and are of affirm the precious lives of both. On that Dawn Johnsen’s statement: the pauper element dependent upon the nor- score, Margaret Sanger and far too many oth- The notion of legal restrictions as mal and fit members of society for their sup- ers would disagree. some kind of reasonable compromise, port. There is no doubt in the minds of all I thank my good friend and yield perhaps to help make abortion safe, thinking people that the procreation of this back to him. legal, and rare, thus proves nonsen- Mr. KING of Iowa. I thank the gen- group should be stopped.’’ sical. tleman from New Jersey. And I appre- Margaret Sanger. Speech quoted in Birth In other words, she even took issue ciate the privilege to stand here and Control: What It Is, How It Works, What It Will with Hillary Clinton’s position that hear those words, the nonviolent, life- Do. The Proceedings of the First American abortion should at least be rare. I will affirming philosophy that we are here Birth Control Conference. Held at the Hotel give Hillary Clinton that, Mr. Speaker, and that we join together in, and the Plaza, New York City, November 11–12, 1921. that she has at least made the state- question that was presented, that is Published by the Birth Control Review, Gothic ment, whether she has followed this question: Did Hillary Clinton un- through on it or not. And she has ac- Press, pages 172 and 174. derstand? Did the Secretary of State ‘‘The marriage bed is the most degenerative cepted the Margaret Sanger award, understand the cruel, racist, elitist influence in the social order . . .’’ which would actually contradict this philosophy of Margaret Sanger in Margaret Sanger (editor). The Woman statement about abortion being rare. whose name she accepted the award? Rebel, Volume I, Number 1. Reprinted in Margaret Sanger’s philosophy was Did she understand the implications Woman and the New Race. New York: very elitist, very racist, very much fo- that come with such an award? Brentanos Publishers, 1922. And I don’t know the answer to that, cused on the idea of eugenics, and that ‘‘[Our objective is] unlimited sexual gratifi- Mr. Speaker. But I have to believe that we could perfect the species of Homo cation without the burden of unwanted children someone who has been engaged in pub- sapiens by selective breeding processes . . .’’ lic policy all of her life, even as an un- and by selective abortions. And data Margaret Sanger (editor). The Woman dergraduate at Yale, this is not some- shows that in the African American Rebel, Volume I, Number 1. Reprinted in thing that has not crossed her mind. I community, as much as 50 percent of Woman and the New Race. New York: cannot believe that the Secretary of the African American babies conceived Brentanos Publishers, 1922. State would be ignorant of the philos- in the United States of America meet ‘‘Give dysgenic groups [people with ‘bad ophy of Margaret Sanger. I cannot be- their death by abortion. Half of the genes’] in our population their choice of seg- lieve that. If that were the case, then I population that would be here, that regation or [compulsory] sterilization.’’ would suspect that she is ignorant of could laugh, live, love, play, contribute Margaret Sanger, April 1932 Birth Control many other things, and I don’t buy to this society, be part of this whole Review. that. I think this is a well-educated, America, could enjoy a right to life and In her speech at the Planned Parenthood very astute lady, a smart lady. the right to fulfillment of that life lose Gala, accepting the Margaret Sanger award, And as I listened to the gentleman that right to life in the abortion clin- Secretary Clinton said she admired Sanger for from New Jersey’s presentation, I ics. her ‘‘vision,’’ was in ‘‘awe of her’’ and that think about something that takes us And if I listened right to the gen- ‘‘Margaret Sanger’s work here in the United even to another level here, and this is tleman from New Jersey, 300,000 alto- States and certainly across the globe is not a statement where we have an indi- gether meet their end annually here in done.’’ vidual that has been nominated into the United States of America at the Translated, ‘‘not done’’ means more abor- this administration in a confirmation, hands of Planned Parenthood and their tions here in the United States, in Latin Amer- a Senate confirmation position, Office abortion clinics, 300,000 out of perhaps ica, Africa, Asia—the world. Planned Parent- of Legal Counsel, who actually is even a number that is around 4,000 a day, hood’s mission statement, documents, and more of an advocate of abortion and multiplied across every day here in the work in the field make it absolutely clear that someone who even takes the position of United States. And this is just the they seek a global unfettered right to commit Margaret Sanger to another level, and United States of America. violence against unborn children at all stages that is Dawn Johnsen, Office of Legal Then we have the Advocacy for Inter- of development. Planned Parenthood seeks Counsel. And I have a quote. national Abortion, which comes con- integration of all health care with abortion, with Now, Dawn Johnsen has been ap- tinually here. Every year we deal with no conscience rights whatsoever for medical pointed, Mr. Speaker, to head up the that debate. practitioners, no parental consent or notifica- Office of Legal Counsel. This is the Mr. Speaker, I remember this debate tion for minors, and all paid for by the tax- most influential, most powerful posi- that we had on the floor here where we payers. tion that you have never heard of if stand. It was the first debate on the Which begs the question: is our Secretary of you are an average, regular person in Mexico City policy that took place in State unaware of Margaret Sanger’s America. the 110th Congress, the first debate on unhumane beliefs? Was she not briefed on The Office of Legal Counsel provides Mexico City policy that fell under- Margaret Sanger’s cruel and reckless dis- opinions on the constitutionality of neath the gavel of Speaker PELOSI. regard for poor pregnant women? Respect- the activities of the entire administra- And I remember those of us who fully, Secretary Clinton should at a minimum tion, and gives advice to the President stand up for innocent, unborn human return the Sanger award. More importantly, of the United States. life lost that debate and lost that vote

VerDate Nov 24 2008 05:05 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\A31MR7.060 H31MRPT1 jbell on PROD1PC69 with HOUSE H4238 CONGRESSIONAL RECORD — HOUSE March 31, 2009 here. And I will never forget looking ing abortionist in the seventies. He birth abortion method. And one of the across over on this side, Mr. Speaker, founded, along with Betty Friedan and main reasons why, and maybe the pri- where I saw the advocates that thought Lawrence Lader, NARAL, one of the mary reason why that method was that they wanted to compel American biggest pro-abortion organizations in crafted, where a baby is half born, his taxpayers to fund abortions in foreign this country. He changed positions or her brain is pierced in the back of lands clapping, cheering, jumping up after he was doing surgeries and look- the head and the brains are literally and down, hugging each other, maybe ing at the unborn child as a patient at sucked out, was to ensure that the even in tears of joy, for compelling St. Luke’s Hospital in New York. He abortion didn’t produce a live birth. Americans to fund abortions in foreign ran an abortion clinic, was a big activ- Years ago, the Philadelphia Inquirer, lands, something that is abhorrent to I ist for years, and then became a pro- which is just south of my district, had believe a majority of Americans. And lifer. And he wrote in the New England a big story called ‘‘The Dreaded Com- yet, the cheer came up over here, Mr. Journal of Medicine, and I quote, ‘‘I plication’’ and spoke about the fact Speaker. Nearly impossible to under- have come to the agonizing conclusion that every year something on the order stand. that I have presided over 60,000 of 500 children survived later-term I yield to the gentleman from New deaths.’’ And then he became a pro- abortions only to die maybe a day Jersey. lifer. And now he has spoken out for later, several hours later, but some Mr. SMITH of New Jersey. I thank many years on behalf of the human went on to be adopted. For the abor- the gentleman for bringing that up. rights of the unborn, and that the tionist, this was a complication, a Back in 1984, when President Reagan women are injured, the babies are vic- dreaded one. So Haskell and others de- first announced the Mexico City policy, timized and killed, and that this death cided to do away with that possibility it was designed to separate abortion and destruction to our offspring and to by completely collapsing the brain cav- from family planning. It got its name, our women and to mothers must cease. ity and sucking the brains out of a as I know the gentleman knows, Mex- We now are exporting. We don’t ex- child. We get accused of inflammatory ico City policy because it was at a U.N. port enough. We certainly don’t export rhetoric by the pro-abortion side when conference that the venue was in Mex- enough commodities. Our economy has we describe what it is that they do in ico City; hence, its name. But it was a been hurting for a number of months abortion clinics. It is violence. It hurts very well calibrated, very thoughtful now and even years. What we are ex- women. policy which said that there ought to porting, tragically, is abortion, and the And finally, as Dr. Elvita King has be a very bright line of demarcation be- said so eloquently—the niece of Dr. tween family planning and abortion, taxpayers of America are the ones who are subsidizing that, enabling that pro- Martin Luther King, a woman who and that we would only fund those for- used to be on the other side of this eign nongovernmental organizations motion of abortion in Africa and Latin America and elsewhere. issue, who had two abortions herself, that divested themselves of lobbying, and has spoken out on behalf of the un- promoting, and performing abortions There was a famous movie years ago, and my friend and colleague from Iowa born child and his or her mother—abor- as a method of family planning. tion is the ultimate civil rights move- It was a policy that worked. NGOs probably saw it, The Ugly American. ment of our day. She is the niece of got funding. We are the largest pro- You know, I love what we can do for- Martin Luther King. She knows a thing vider of family planning in the world. eign policy-wise to help and to ennoble or two about human rights and civil But now, the organizations that will and to make healthier people around rights. And she says that as a society, receive those funds, and we are talking the world, whether it be on AIDS treat- it is time to look carefully, get rid of about over one-half billion dollars per ments and all the other things that the platitudes, get rid of the euphe- year of taxpayer funding, will be used occur internationally, hunger allevi- misms that have stifled true debate, to promote abortions in Africa, in ation, clean water, safe blood. words like ‘‘choice.’’ Choice to do Latin America, in Asia, Europe, every- b 2115 where where the law still protects and what? To destroy an unborn child in a But abortion takes all that. It tells safeguards the sanctity of human life. very vicious way. We need to protect people in the developing world, just Most of the African countries, most both. of the countries in Latin America pro- like the vision of Margaret Sanger that One of the most beautiful things of tect the lives of their innocent unborn we don’t want you. That your children the group that she is a part of called children as a matter of human rights. are not—are dehumanized and are ex- ‘‘Silent No More,’’ made up exclusively Now, abortion organizations, backed pendable. As the great Henry Hyde of women who have had abortions, is with huge subsidies from the Federal used to say, liable to extermination. that they reach out to women who are Government—and President Obama You can terminate the innocent and in- in crisis, who have the post-traumatic was the one who signed the executive convenient with such ease. Who is to stress disorder, have grave misgivings, order that reversed the Mexico City speak out for them? They can’t speak not right away, but maybe a couple policy. And, as the gentleman said, and for themselves because of their imma- years later, maybe several years later, I offered the amendment on the floor turity and their dependency. and say there is a path to reconcili- that he was talking about that regret- So I congratulate the gentleman be- ation and peace. That is what the pro- tably failed, the misguided cheers and cause the time has come, the time has life movement is all about. We have happiness about giving money to an or- truly come for America to begin a never been about judgment. We have ganization that completely targets in- great awakening when it comes to the always been about enfranchisement. nocent babies in the womb for destruc- value, the dignity and the sanctity of Protect the baby. Protect the mother tion. human life. Abortion is violence in the first place. And for those who We live in 2009. As the gentleman against children. Despite all of the have already had abortions, who like knows, ultrasound technology, pre- platitudes, all of the cheap sophistry Martin Luther King’s niece, Elvita natal surgeries have shattered the that routinely is employed to cover up King in Silent No More and other myth that an unborn child is human abortion, it is violence. Dismembering women who have bravely spoken out on and alive. Of course they are. A child in a child, chemically poisoning a child, behalf of the unborn and their mothers, utero may need a blood transfusion or inducing a miscarriage whereby the there are two victims, one is killed, microsurgery or some other interven- child then dies very early because of one is injured. They need our help, our tion, medically speaking, to abate or the inability to cope after being sepa- love and our compassion. mitigate some anomaly before birth. I rated from the mother, all of these Unfortunately, they don’t get that chair the Spina Bifida Caucus. Some of methods of abortion have one goal in from the other side. It is called ‘‘em- the early interventions for spina bifida mind, the killing of the unborn child. powerment.’’ There is nothing empow- children can have a marvelous quality Recently I watched and read a state- ering about destroying an unborn of life impact later on, from birth on. ment that Father Pavone, a priest for child. And it is time—and I would hope, But you do it before birth. life actually put together. And he as the gentleman would hope, that Bernard Nathanson, as my distin- talked about Dr. Haskell, who is the there would be a campaign that men guished colleague knows, was the lead- man who came up with the partial- and women in America, Members of

VerDate Nov 24 2008 04:24 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.144 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4239 Congress, who have for a long time tionist can go in and turn that child President Bush, by executive order, re- voted the pro-abortion side, would take around so the baby is born breech, that established it, and family planning a second look, look at Planned Parent- being feet first, and bring that baby to moneys flowed, but without abortion hood this second time. To look at, as delivery for everything but the head promotion or performance. you pointed out, what Dawn Johnson and in fact, part of the head, and then, And then, President Obama, like I has said when she says ‘‘Women are not hold the baby there so that the baby said, just a couple of days after being fetal containers,’’ that degrades the isn’t fully born and then take a scalpel sworn in, re-established, or reversed I beauty and the magnificence of and insert that into the back of the should say, the Mexico City Policy procreation and of life and the way we skull and put some scissors in there with more money now flowing to those all came into this world. and open up the hole and suck the organizations. Why the joy and the So I thank the gentleman for this brains out of that child while that happiness on the side of those who pro- time and hope that there will be a new, child struggles for life and struggles for mote abortion? It is bewildering in the a re-evaluation, a new reappraisal of mercy, it occurs to me as I picked up extreme. Father Pavone’s Web site, and what the culture of death has done. the film, ‘‘Silent Scream’’ years ago I encourage people to check it out, he Fifty million unborn children have when our children were about 10 or 12 talks about a meeting when this Dr. been killed since 1973, a staggering loss years old and showed that to them one Haskell, the man who devised this of human life. And as you have pointed time, and one time was enough, that si- child-abuse method called partial-birth out previously, Mr. KING, there has lent scream, the word of that movie abortion, as you pointed out where the been a very suspicious dispropor- that showed the violence of abortion, it baby’s brains are literally sucked out, tionality when it comes to how many occurs to me that this society can’t he presented that method, as Father African Americans have been killed. abide the screams of the innocent. And Pavone points out in one of his speech- And many, including Dr. King and oth- so they had to devise a means of abor- es, it actually has much about what ers, are more than suspicious, espe- tion that would stop the life of that in- happened in this conference, and the cially given Margaret Sanger’s and nocent child an inch before that child conference was filled with abortionists. others’ viewpoint about who is desir- could fill its lungs full of free air and And when the baby actually died, it able and who is undesirable. So I scream for its own mercy. That, I was being killed, because he had it all strongly urge this re-evaluation. It think, is the psychology behind this. on film, they broke into applause at needs to take place now. Even the abortionists couldn’t stand the demise, at the death of that child. Finally, and I said ‘‘finally’’ before, the sound of the scream of the child That is pathetic. It is beyond tragic. but this will be final, President Obama screaming for its own mercy. And I I said during the debate, and remember sadly and tragically, with the enor- think that is how partial-birth abor- Bill Clinton vetoed partial-birth abor- mous support and the wellspring of tion was devised. tion not once but twice, that when my goodwill that is being afforded him, is I would pose this question to the gen- young girls, and we have two girls, four the abortion President. Every move he tleman from New Jersey, and having children totally, but when they were has made, whether it be the reversal of been the individual that offered the young, if they were to play ‘‘doctor,’’ Mexico City, his embrace of the Free- amendment to preserve the Mexico the girls, and take their dolls as they dom of Choice Act, which may come up City policy and having lost that debate had when they were 5 and 6, turn them on this floor some time, we don’t know and lost that vote on this floor, and around and pierce the back of their when, the move to get rid of conscience having seen the display of glee and joy skulls and then suck their brains out, protections that men and women in the and hugging and clapping and cheering we would seek, as would any parent, medical profession absolutely need so and perhaps even tears of joy on this immediate counseling. Something they are not complicit in killing inno- side of the aisle, Mr. Speaker, the joy would be wrong. When someone em- cent human life, taxpayer funding for that they were going to compel the braces the death of a child, something abortion, the embrace of embryonic American taxpayers to fund abortions is very, very dangerously wrong. stem-cell research at a time when in- in foreign lands, what kind of a person, I have seen on this floor time and duced pluripotent stem cells, which are the sons and daughters, the grandsons again—and I would say we won the de- embryo like but do not require the kill- and granddaughters of Margaret San- bate, I would say to my friend, but lost ing of an embryo and can come right ger, the mother of abortion, the moth- the vote on Mexico City Policy. And off your skin and mine and be manipu- er of ‘‘family planning’’ in quotes, the when we have lost fights on partial- lated in a way that will be lifesaving, eugenic idea of producing a more per- birth abortion, for example, not in vote cord blood, all the adult stem cells, the fect race, Hitlerian idea, what could count, but in vetoes by the previous ad- alternatives to embryonic work, em- cause a person to be so full of joy about ministration, it never ceases to amaze bryonic has not worked, and yet with compelling you or me or the people me that one could be joyous over al- great fanfare he has embraced that at who agree with us to fund abortions in lowing, facilitating and enabling more every turn. And the one that the gen- foreign lands? I can’t understand that, death to children and more wounding tleman brings to the floor tonight, Mr. SMITH. And I would be very inter- of their mothers. Dawn Johnson, in what is truly an out- ested in your analysis. That is what this is all about. I be- rageous view, an inhumane view, a Mr. SMITH of New Jersey. I say to lieve passionately, and I have been in tragic view towards the sanctity of life, my good friend, Mr. KING, I have been Congress 29 years, and I spend much of people of her kind and people with her offering the Mexico City Policy since my time working on human rights perspective are embedded all over the 1984. I have been here for 29 years, and issues, humanitarian issues around the Obama administration and will daily I offered it the first time. And I re- world, whether it be in Africa working be promoting and proffering policies, member members on the other side of on human trafficking or on trying to very often in a stealthy way, that will the aisle saying that none of the family mitigate and stop terrible things like promote the culture of death. planning NGOs will take the money torture. I wrote four torture victims And to our friends in Africa, Latin with that kind of conditionality. They relief acts—laws—they are not bills, America and elsewhere, watch out. The were so focused and filled with their they are laws, and many, many other abortionists are coming. And they are wanting to provide abortions. laws, microcredit financing for the de- coming from the Obama administra- That didn’t happen. NGOs lined up. veloping world, three human traf- tion. I thank my friend. The money went out the door. And we ficking laws beginning with the Traf- Mr. KING of Iowa. I thank the gen- had that line of demarcation between ficking Victims Protection Act of 2000, tleman from New Jersey. And I would abortion and family planning for years. I believe passionately in human rights. hope that he can stand by. I have a Bill Clinton reversed it, and during the But birth is not the beginning of a per- couple of questions I would like to course of his presidency, we fought son’s life. We need to see it as an event present that way and first make a hard to restore it. And in the end, for that happens to each and every one of statement. And that is, Mr. Speaker, the last 2 years of the Clinton adminis- us, and that those children in utero are with regard to partial-birth abortion, tration, we had first a modified and no less human and alive than you and it has occurred to me that if an abor- then the full Mexico City Policy back. me. They are definitely dependent.

VerDate Nov 24 2008 04:24 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.145 H31MRPT1 jbell on PROD1PC69 with HOUSE H4240 CONGRESSIONAL RECORD — HOUSE March 31, 2009 They are immature, as is a newborn, as So I ask this question, and I ask this last hours. This little child, this mir- is a 1 year old. And a compassionate question continually in our public acle, could someone take his life and sane society would seek to enfran- schools and our parochial schools today? And of course the answer is no. chise, not disenfranchise. across the land when I have the chance. Could they have taken his life yester- So when they expressed on the other And I say, especially to young people, day, the day he was born? No. Could side, and a few on our side of the aisle, you’ll be called upon to make a pro- they do so the minute after he was happiness over the loss of the Mexico found moral decision in this society born? No. The minute before he was City policy, it was very clear to me. I and this civilization; if you’re 14, 15, 16, born? No. What about 10 minutes be- had nothing but sorrow because there 18 years old, 19, 20 years old, you will, fore or 2 hours before or a day or a is one predictable consequence, more or you will be among those who will week or a month before he was born? dead babies and more wounded moth- have to make that profound decision, The answer is no, no and no, Mr. ers. the moral decision. Speaker. And so if you can’t do that, if I yield back. And you ask only two questions. It’s it’s abhorrent to us to think about the very simple, and it’s this simple. The b 2130 idea of ending the life of our unborn first question is, do you believe in the child a day, a week or a month before Mr. KING of Iowa. I thank the gen- sanctity of human life? Is human life they’re born, just as we couldn’t think tleman from New Jersey. And as I lis- sacred in all of its forms? Is your life of that a day a week or a month after tened to that description of the audi- sacred? Is the person next to you, is they’re born, then we’ve got to take ence breaking into applause at a video their life sacred, people on either side, this back to an instant, an instant that of a baby who has been a victim of par- are their lives sacred? And it becomes their life begins. And it’s that simple. tial birth abortion, had its brain almost a universal yes. I’ve actually And this has become a political argu- sucked out and stopped struggling, it never had a student say, no, I don’t ment that’s destroyed the lives of 50 became apparent that the baby was think so. I don’t think my life is sacred million babies, to the point where we dead, that they would cheer, break into and I shouldn’t be treated in a sacred argue that this civilization has a hole applause, that indexes to the cheer and fashion. I’ve never had that happen. in it, in the generation. the applause and the hugging that They nod their heads. It’s universal I remember standing down on the went on here when the Mexico City that we believe that life, human life is Mall, this would be, I believe, a year Policy was defeated on the floor of the sacred in all of its forms. ago, January 22, on the March for Life. House of Representatives, Mr. Speaker. So once we establish the answer, yes, And if you looked out across that Mall, And I understood it differently. And I to the first question, is human life sa- there were over 100,000 there that day. think it was because of a gap in the cred, the only question to follow that This year there was a far bigger num- knowledge and experience that’s been up with is, then at what instant does ber in the March for Life, many, many filled in by Mr. SMITH from New Jersey. life begin? You have to choose an in- young people. I explained that emotion over here as stant. And I describe it this way. You And I made the point that if you are not being a rational, logical emotion, can’t guess at it. What if somebody under 30 years old, and you’re standing but an emotion that simply divorced came by the gymnasium or the audito- next to somebody that’s under 30 years itself from the sacred nature of human rium and stuck a gun in the door and old, look at each other. And the ghost life, and was simply cheering because turned their head the other way and of one-third of your generation stands they had scored a victory over our side. pulled the trigger and ran down the between you. That’s the aborted gen- And how could anyone go through hallway without looking back. If they eration, the generation that didn’t life and think they had accomplished were captured outside the building, you have that opportunity for life, the gen- something by compelling others to could ask them, did you kill somebody eration that are the victims of Mar- fund abortions in foreign lands? That’s or didn’t you? And their answer might garet Sanger, the victims of a political a psychology that I cannot connect be, I don’t know. But we know that if agenda, the victims of a lack of belief with, Mr. Speaker. And so I could only the gymnasium emptied and there’s in the sanctity of human life, the peo- rationalize it on the part that they someone in there who’s dead, with a ple that would argue that babies are in- know we hold innocent life dear. We bullet hole in them, yes, the answer is, convenient, that an abortion should hold all human life dear. And we be- he did kill somebody. never be rare, the people like Dawn lieve that it’s sacred in all of its forms, And if it results in a dead baby, Johnsen who would argue that mothers from the instant at conception and fer- someone was killed. And you cannot are fetal containers. My mother a fetal tilization to natural death. guess when it comes to life. You can’t container? CHRIS SMITH’s mother a And Mr. SMITH, among others, have err when it comes to life. You must fetal container? That the only emotion been one of the stalwarts in leading choose that instant that life begins. It you feel—this is Dawn Johnsen again— and defending innocent human life, es- can’t be a first trimester, a second tri- the only emotion you feel when you pecially in this Congress. And I mester, a third trimester; it can’t be have an abortion is relief, not trauma; thought that that cheer was for having viability outside the womb. We know it that it never comes back to you; that scored points against the value system, goes up beyond 24 weeks or below 24 it’s simply off one’s conscience. the core value system of those of us on weeks for viability today. There’s no We know that that has motivated— this side. baby that’s born, now, 9 months, full- that women deserve better—the organi- Mr. Speaker, I’m not sure of that, be- term that really is viable without zation that CHRIS SMITH talked about. cause the people sitting inside that being nurtured by its mother and by its Dawn Johnsen spoke that women room who were watching that film of parents. And they’ve got to be nur- who get pregnant are simply the losers that partial birth abortion, the strug- tured. And so whether it’s the instant in the contraceptive lottery, and that gling child who ceased to struggle before they’re born or the instant they no more consent to pregnancy when it’s obvious that the baby was after, when does life begin? than pedestrians consent to being dead, that broke into a cheer, they I remember asking that question struck by drunk drivers. didn’t do that because they scored when this first little miracle, that And yet, I’m standing in my kitchen points on the other side. That doesn’t firstborn of our family, was put into on Sunday, talking with my daughter- relate over here to a political contest my hands. And I looked at that child in-law, who’s the mother of our third which should always transcend our fun- and I was struck by the awe of the mir- grandchild. And I told her that I’m damental, timeless values. However I acle. And I don’t remember that I jealous because I’ll never get to be a might try to rationalize their emo- thought this through on that day, but mom. And yet, no matter what she tions, when you tie the two of them to- I remember going to work the next day wants to do with her career, some of gether, it’s almost unexplainable. I and I was sitting there thinking this that career is going to be slowed down can’t explain an emotion or thought through. And I still believe there’s a because she’s busy being a mom. process that would want to end inno- certain aura about that firstborn child. And she looked at me and she said, I cent human life and consider it to be a And I asked myself, here’s this mir- know you’re jealous. You’ve told me right, a fundamental right. acle that’s been in my arms within the that before. You’ll never be a mom.

VerDate Nov 24 2008 04:24 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00110 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.146 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4241 And I think being a mom is worth the prenatal surgeries are performed and I stand tonight and rise because of tradeoff of slowing down my career be- the child needs to be surgically opened my concern about the direction of this cause I think it’s great being a mom. up to do some procedure that is benign country. I was elected here as a fresh- And that’s the love that flows. That and life-affirming, he or she gets anes- man. I did not create this problem in lady is not a fetal container. She’s a thesia. An unborn child gets no such Washington, D.C., but I am here to help mother, a mother that’s brought love consideration. We treat animals with clean it up. We have the greatest op- to each of the children that God’s gift- more benevolence and in a more caring portunities ahead of us. The United ed this family with, just like the mil- way in terms of pain mitigation than States of America is the single greatest lions and millions of mothers across we do unborn children. country on the face of the planet, and the planet who have done so, done so That legislation should be on this every time we are faced with a chal- out of love, out of faith, out of convic- floor. A child should not only not suf- lenge, we overcome the obstacles that tion. fer the cruelty of being killed, but also are thrown ahead of us. I would like to And I can’t understand the people the pain that goes along with it. Most see our government get out of the way that would cheer and celebrate the tax Americans are woefully unaware. Some and stop being an impediment. I want dollars of American people going to of my colleagues, our colleagues are to make sure that it is the American any place that provides abortion serv- probably woefully unaware as well that entrepreneur who is emboldened. It has ices and counseling. pain is real for these children as they always been the American entre- That is what happens, Mr. Speaker. die a death due to abortion. preneur who has driven this country And I know the gentleman from New I yield back. forward. Jersey has a few more words. Mr. KING of Iowa. And I very much As I rise today, my concern is that Mr. SMITH of New Jersey. Just a thank the gentleman from New Jersey. often what we hear and see in Wash- couple of final comments. And I again And it brings to mind an image that ington, D.C., is not a reflection of the thank my friend and colleague for his many of us have seen of an in-utero reality. The rhetoric has been very leadership on this fundamental human surgery where that—not only does that strong, but with all due respect to our rights issue of protecting the unborn little unborn child feel the pain, but President, of whom I have the greatest child. that little child reached up out of the admiration—he is a great success You know, the most persecuted mi- incision and grasped the finger of the story—what I hear and what I see tend nority in the world today are unborn surgeon. I’ll never forget that image. to be two different things. There has children. The acceptable bias today is And it was something that floated been some good work done by Phil abortion. To be prejudiced against un- around the Internet for a long time, Kerpen of the Americans for Pros- born children is somehow acceptable. and I think it would be worth bringing perity. I appreciate the work that he It’s certainly legal in this country. And to this floor. Very, very human. has done. I want to touch on a few that is a very significant tragedy for And as I listened to Mr. SMITH, the points that I have great concern about. our society. gentleman from New Jersey, I have to We were promised by this adminis- It is time we called it for what it is. reflect back on our dear departed tration and by the Speaker of the It is child abuse, abortion. It is vio- friend and colleague, Henry Hyde, who House, Mr. Speaker, that we would lence against children. It is prejudice. was a stalwart on the life issue. And I have this sunlight before signing And I would hope that Members—you wrote this down from the back of the things. In this body right here, the know, I’ve heard some of our finest program at his funeral in Chicago that House Republicans and Democrats leaders in the pro-life movement say day. His last day on this Earth was No- unanimously passed a resolution that over the years that Americans won’t vember 29, 2007. And I think it’s a good said we would have 48 hours to review stop abortion until they see it. We have place, Mr. Speaker, to close this spe- a bill before we would sign it. Yet, to push away the euphemisms that cial order with a quote from Henry shortly thereafter, the single largest have cloaked this for the last three Hyde. And he said this: spending bill in the history of the decades and figure it out, not figure it ‘‘When the time comes, as it surely United States passed out of the Rules out, just simply spend some time focus- will, when we face that awesome mo- Committee. It was just around mid- ing on what it is that the abortionist ment, the final judgment, I’ve often night when we got the final copy of the does. It is violence against children. It thought, as Fulton Sheen wrote, that bill, the so-called ‘‘stimulus bill.’’ Just actually engenders pain for the unborn it’s a terrible moment of loneliness. over 13 hours later, we had to vote on child. You have no advocates. You are there it. That is absolutely the wrong direc- My friend and colleague will know alone, standing before God. And a ter- tion. that 3 years ago, 4 years ago I offered ror will rip through your soul like Then candidate Barack Obama said, legislation on this floor called the Un- nothing you can imagine. But I really ‘‘Too often, bills are rushed through born Child Pain Awareness Act. We got think that those in the pro-life move- Congress and to the President before 250 votes, bipartisan votes for at least ment will not be alone. I think there the public has the opportunity to re- advising a woman that, from at least will be a chorus of voices that are not view them. As President, Obama will the 20th week on, her child might feel heard in this world that will be heard not sign any nonemergency bill with- significant pain. The evidence clearly in the next, beautifully and clearly. out giving the American public an op- suggests that a child who is killed by And they will plead for everyone who portunity to review and comment on dismemberment or some other hideous has been in this movement, they will the White House Web site for 5 days.’’ method of abortion, feels pain that is say to God, spare him because he loved That does not happen on a regular up to four times more excruciating us, and God will look at you and say basis, and it is wrong. It needs to than a newborn or an older child be- not did you succeed, but did you try.’’ change. We need to live up to those cause the nerve endings are so close to Mr. Speaker, I will yield back. campaign commitments. They are not the skin, and the ability of the body to f happening now. The American people were promised dampen pain has not matured suffi- b 2145 ciently. that lobbyists would not be partici- There’s a method of abortion known THE CONCERN OF AMERICA’S pants in this administration. On the as the D&E. The method literally in- FUTURE DIRECTION Barack Obama Web site, it says, ‘‘No volves hacking off the arms and the The SPEAKER pro tempore. Under political appointees in an Obama-Biden legs of an unborn child, decapitation, the Speaker’s announced policy of Jan- administration will be permitted to takes upwards of 30 minutes for that uary 6, 2009, the gentleman from Utah work on regulations or contracts di- method to effectuate its kill. And at (Mr. CHAFFETZ) is recognized for 60 rectly and substantially related to least in the beginning moments of that minutes. their prior employer for 2 years, and no abortion, the child feels excruciating Mr. CHAFFETZ. Thank you. I appre- political appointee will be able to pain. ciate the impassioned gentlemen and lobby the executive branch after leav- Today, because of the great work of their commitment to a pro-life agenda. ing government service during the re- people like Dr. Anand and others, when I truly do. mainder of the administration.’’ That

VerDate Nov 24 2008 04:24 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.148 H31MRPT1 jbell on PROD1PC69 with HOUSE H4242 CONGRESSIONAL RECORD — HOUSE March 31, 2009 is not happening. That is not hap- companies. I have owned my own com- ghanistan once. We are probably at the pening. pany. I have spent 16-plus years in the biggest tipping point that we have ever During the campaign, we talked local business community. I have hired seen since World War II when it comes about there being no tax hikes on the people in the past, and there is a funda- to national defense and to national se- poor. On September 12, 2008, in Dover, mental thing that I look for. I just curity. We have more violence along New Hampshire, the President said, ‘‘I want to hire people who will do what our border region than we have ever can make a firm pledge. Under my they say they are going to do. I think had in this country. Right now, with plan, no family making less than the American people should demand those two, large, pressing issues, we $250,000 a year will see any form of tax that with regard to what is happening are spending a pittance on those two increase—not your income tax, not in Washington, D.C. I think we should issues—the national security issues your payroll tax, not your capital demand that at every level of govern- that involve the border and that in- gains tax, not any of your taxes.’’ What ment. volve Iraq and Afghanistan and China was one of the first bills that the Presi- Earlier today, we saw the next nomi- and North Korea and Russia—compared dent signed? A tax increase. It was the nee for the Secretary of Health and to what we are spending in giving SCHIP bill. It was under the disguise Human Services admitting that she money to the failed companies run into that we were going to help children had failed to pay taxes. Shouldn’t there the ground by their executives who with their health care insurance. He be a standard, a level, that says, ‘‘You have been ruled by greed. I would like raised the taxes on cigarettes. That af- know what? If you can’t figure out how to go over some of those shortfalls in fects a host of Americans. Now, I don’t to pay your taxes accurately or if you the President’s defense budget coming smoke; I don’t advocate smoking, but can’t hire the right person to get your up. the reality is there are a whole lot of taxes done properly, then you’re prob- First off, in fiscal year 2010, the smokers who make less than $250,000 a ably disqualified for being a secretary- President’s budget is $30 billion less year. That was a tax increase. That level person in this United States Gov- than what the Joint Chiefs of Staff was in opposition to what the Presi- ernment’’? It is so disappointing. It is asked for. The Joint Chiefs of Staff are dent said he would do. There are other so disappointing. the ones who are the experts on the examples. We have great hurdles, great oppor- military and on what the American We were encouraged by the President tunities ahead of us. There is probably military needs to sustain itself and to to pass in this body legislation free of nothing stronger in this country and fight future threats and future en- earmarks. We were promised earmark more fundamental to what we should emies. We are $30 billion short. They reform. The statement on earmarks be doing in this government than our asked for $584 billion for fiscal year that came out on March 10: ‘‘The sys- national security. I am joined today by 2010. The President is only going to tem is broken. We can no longer accept somebody who is passionate about na- give them $533 billion. This is a 10 per- a process that doles out earmarks tional defense, about the great work cent decrease over what the joint based on a Member of Congress’ senior- that men and women are doing all chiefs asked for over 10 years. That is ity rather than the merit of the across the world to help us, to protect a $1.3 trillion deficit for the U.S. mili- project. We can no longer accept an us. tary at a time when we are fighting in earmarks process that has become so During my campaign, I had an oppor- Iraq and Afghanistan and when we are complicated to navigate that a munici- tunity to meet a number of soldiers prosecuting terrorists around the world pality or nonprofit group has to hire who did not come home to this same for our security here at home. high-priced D.C. lobbyists to do it, and kind of welcoming that they thought We have veterans returning home, we can no longer accept an earmarks they would. They were injured. They and we have people coming home who process in which many of the projects came back to families who were so con- have given that ultimate sacrifice, being funded fail to address the real cerned because the breadwinners in those who have paid that ultimate needs of our country.’’ their families could no longer win the price, who have given that final meas- When the President addressed the bread. These were brave men and ure of devotion. We are going to cut joint session of Congress, I was sitting women, soldiers, who fought and sac- spending for them. We are going to cut right there in the seventh row. The rificed for our country. I fundamen- their benefits here at home. We are President said he wanted no earmarks. tally do not believe we are taking as going to cut the money that goes to- The very next day, the United States good of care of them as we should be. wards their armor and their bullets and Congress, despite a lot of us who voted These are people who are giving so their food and their medicine. We are ‘‘no’’ against it, passed a $410 billion much. It is not welfare. It is not a going to cut that right now. In this appropriation with no less than 8,500 handout for us to take care of the men time of gluttonous spending, we are earmarks. The President signed it. and women who are taking care of us. going to choose to cut spending for our Big government: In the joint address So, as I look at all of these broken U.S. military. to Congress, the President said, ‘‘Not promises, at all of these things that we Our Navy fleet has declined from 568 because I believe in bigger govern- are supposed to be doing—basic, funda- ships in the late 1980s to 276 ships now. ment—I don’t.’’ Now, I want to believe mental things within our government— We need over 300. The average age of the President when he says he doesn’t I find that one of the true, proper roles the airplanes in the Air Force has risen believe in big government, but we have of government and that one of the from 9 years in 1973 to 24 years old. I the single largest expansion of govern- things we really should be doing is mean the average age of each of the Air ment in the history of the United making sure we are taking care of our Force’s airplanes is over 27 years old. States happening, one of the largest military. They used to have 37 fighter wing tax increases in the history of the So I would like to take a moment, if equivalents in the ’80s. Now they have United States of America. I could, and yield for a time to my only 20. This past year alone, ship So, when I look at the President’s friend, the gentleman from California, maintenance funding is $417 million budget, when I look at what NANCY Mr. DUNCAN HUNTER. short. That is not what I would call PELOSI is proposing as the Speaker of Mr. HUNTER. I thank the gentleman putting America’s security first. That the House, Mr. Speaker, I have serious from Utah. Thank you for your leader- is putting America’s security last. questions and reservations because I ship and for your courage in telling the When I hear the President talking believe that this budget that I am American people and in telling the about national security or when I hear looking at and that we are going to be Members of Congress what is really the Democrats giving a moment of si- asked to vote on very soon spends far going on and what the money is being lence in this room for our military, it too much money; it taxes us on too spent on that the President is asking seems insincere to me that they would much money, and it borrows too much for and that the Democrats are asking do that on one hand and tell the Amer- money. We are fundamentally compro- for. Thank you for your kind words as ican people that they are helping out mising our future. well. and that they are doing everything You know, I have worked for big I have been to Iraq twice as a United that they can do for national security’s companies. I have worked for small States marine, and I have been to Af- sake while, at the same time, they are

VerDate Nov 24 2008 04:24 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.149 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4243 going to cut defense spending. JFK ican economy. They are responsible for erything right, and now suddenly we’re spent more on defense than we are half of all private sector jobs—and they going to tax him more, we’re going to spending now. Ronald Reagan spent create roughly 70 percent of all new spend more and we’re going to leave his more on defense than we are spending jobs in the past decade. So small busi- family and his grandkids, Jake and now. While in the middle of two wars, nesses are not only job generators, Taylor, a legacy of debt. we need to increase, if anything, de- they are also the heart of the American So what do you think Bob’s choices fense spending and keep it at 4 percent dream. After all, these are businesses will be? Do you think he will be in a of our GDP to keep America safe. We born in family meetings around kitch- position to give his employees a raise? have more threats now than we have en tables. They’re born when a worker Do you think he will be in a position to ever had. takes a chance on her desire to be her hire more people? Or do you think Bob I would like to yield back to the gen- own boss. They are born when a part- Johnson will get more protective of tleman from Utah. time inventor becomes a full-time en- what he has and worry more about how Mr. CHAFFETZ. Well, thank you, trepreneur, or when somebody sees a he’s going to meet his payroll and how and thank you for your personal serv- product that could be better or a serv- he’s going to keep the employees he ice to this country. I know that you ice that could be smarter, and they has and the savings he’s worked so have served and have served with think, ‘Well, why not me? Let me try hard for over the last 30 years? honor, and I know that your father has it. Let me take a shot.’ ’’ I don’t think we’re doing him any fa- served in this body. He was a great in- The President delivers it a little bit vors with this budget. There is nothing spiration to me and to a lot of Ameri- better than I do. I understand that. in the stimulus, there is nothing in the cans, and I appreciate your commit- He’s the President of the United bailouts, there is nothing in our tax ment to making sure that our United States. policy that rewards Bob Johnson. And States military is taken care of. I agree with everything that he said yet Bob Johnson—I agree with the You know, when we passed the stim- in that paragraph. But as I look at this President—he’s the heart and soul of ulus bill, I did not vote for it. In fact, budget, it fundamentally does not help what is going to drive this country for- 100 percent of the Republicans did not the small businessman. Because it ex- ward representing 70 percent of the new vote for it. It took $1 trillion and sprin- tends spending, it increases taxes, and jobs. kled it over 106 Federal programs and puts borrowing at record levels. Lit- The Obama budget spends at record grew government. The loser in this erally double. levels, it taxes at record levels and budget, in addition to the American Let me tell a really quick brief story doubles our national debt by spending, people with the debt that they are sad- here about Bob Johnson, what about taxing and borrowing too much. That’s dled with and the overspending that is Bob, in Topeka, Kansas. what we’re doing to destroy the Amer- there and the borrowing that has to Bob has lived his whole life in Kan- ican dream. happen, is the military. We are in the sas. He was raised on a farm with six I have another colleague here who is middle of armed conflicts, and the brothers and sisters. After high school, also a freshman. He didn’t create any United States of America can never, Bob joined the Marines. He wanted a challenges, but like me, he’s here to ever be second. It can never, ever be better life for himself. He served in help clean it up. close to somebody else. Vietnam and was honorably dis- I would like to yield some time to my We have to have the very best intel- charged. friend from Ohio, Mr. AUSTRIA. ligence. We have to have the very best He went back home to Kansas, mar- Mr. AUSTRIA. I thank the gen- equipment. We have the best men and ried his high school sweetheart, Janet. tleman from Utah. I thank you for the women, but we are not taking care of Together they raised a daughter, great work you are doing for the State those men and women. I wish this Christy. Bob spent his days and nights of Utah and our country as a freshman. budget that we are looking at would learning a trade, and when he mastered Thank you for putting this on today. take care of those men and women and that trade, he opened up his own trans- I want to thank my other colleague would take care of the weapons sys- mission shop in Topeka, Kansas. And from California. Thank you for your tems and things that we need to do to for the past 30 years, Bob Johnson has service to our country. Thank you for keep this country safe and to keep the worked his tail off to make sure that putting things in perspective for our world safe. The sacrifice that those the Topeka Transmission Service is the military. men and women give and that the fam- most successful, most disciplined, And I want to add one thing. We had ilies give is just unparalleled. It is ab- cleanest-run shop in town. People who an opportunity to change some of this solutely amazing. budget, and another freshman—it I want to tell a quick story here—a know Bob know they are going to get seems like the freshmen now are tak- little perspective if I could—of a man good service, and a lot of people in ing the lead role on some of this stuff, who served in Vietnam. He happens to town know Bob. He’s using the skills which is good—Congressman HARPER be my brother Alex’s father-in-law. His he learned as a farmer and a marine to from Mississippi and myself cospon- father-in-law is named Bob Johnson. teach his employees that character, sored an amendment in the budget that You know, when I think about this skill, and hard work are the formula would put the troops’ increase, their budget and about what is happening, I for success. And Bob has undoubtedly pay increase where it should be at 3.4 think about Bob. I think: What about been successful. percent where it has been lowered and Bob? You know, what about Bob? Be- His daughter was the first in their marked down in this budget to 2.9, cause Bob is just a great American. He family to graduate from college, the which is the minimal amount required is working hard. He is doing exactly University of Kansas, the Jayhawks. His business has been successful. His by statute. what we want him to do. Yet this budg- When we have troops that are now et and this administration seem to employees have earned their pay- checks. Bob cares about their success fighting in two wars, we’re increasing want to punish success and reward fail- the number of troops in Afghanistan— ure. and his customers being happy. And Bob’s business pays their taxes so this I have had an opportunity, I represent b 2200 Congress has resources to spend. the largest single site employer in the It is exactly the opposite of what I So I ask what have we done to sup- State of Ohio Wright Patterson Air think we ought to be doing. port Bob lately? Bob is the heart and Force Base. I have four military facili- And on March 16 of 2009, the Presi- engine of the United States. He’s the ties in my district. I have had an op- dent said—I want to read a quote from heart and soul of the dream. It’s what portunity to attend a number of dean address he gave related to small drives this country forward. ployments for men and women in the business, and I am extracting one para- Well, lately he’s probably seen his military. And I have to say, they are graph, but I would encourage every- savings get obliterated like the rest of the greatest people I have had an op- body to go back and read it for them- the hardworking Americans. As a small portunity to meet, and I would go so selves. business owner, he appears to be the far as to say it’s the next greatest gen- In one paragraph, he said, ‘‘Small target for a tax increase. That’s Bob’s eration that’s serving our country businesses are the heart of the Amer- reward. Work hard for 30 years, do ev- today.

VerDate Nov 24 2008 04:24 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.150 H31MRPT1 jbell on PROD1PC69 with HOUSE H4244 CONGRESSIONAL RECORD — HOUSE March 31, 2009 And when these—we’re asking these And then we had the stimulus pack- culture. It’s going to further erode the men and women to serve and the de- age, $791 billion spending package, I job growth in the U.S. manufacturing ployments are lengthier than what was call it, $1.1 trillion over the next 10 sector. It’s going to put American com- expected, more often than what was ex- years of taxpayers’ dollars. In that panies at an even greater competitive pected. There are tremendous sac- stimulus package was a paragraph in disadvantage with China and other rifices that are being made by their there on a bill that not one Member of companies—or other countries. I apolo- families, by our troops. I think that Congress had an opportunity to read gize. It’s late tonight. the least we can do in this budget is completely before we voted on that, And this is what is supposed to be not cut what was expected as far as said, You know what? We can now take turning our economy around creating their pay but give them the increase your tax dollars, we can use it as a jobs, this cap-and-trade proposal, that they deserve, and in my opinion bailout, give it to a company like AIG, which should be called a cap-and-tax earned. They are doing a spectacular and they can pay out $165 million in proposal. We can do better. We should job in protecting us, and we thank bonuses, 73 of those being over $1-mil- be doing better. And let me tell you, them for their sacrifices to protect our lion bonuses. One lucky guy got a $1.64 the reality is that all of this infusion of freedom. million bonus, and twelve of them spending in government and expanding But unfortunately, that amendment don’t even work for the company. government, the reality is we are serv- was shot down and was voted down in These are hardworking American ing our constituents in our district, Budget by the other side of the aisle. taxpayers’ dollars that are paying out and we have constituents that are out And so we had an opportunity to try to these bonuses. As the public begins to there that are asking for our help right fix some of that, and we didn’t do that understand what is happening here in now. They don’t know where to go. in the Budget Committee, and I hope D.C., they are outraged. They are out- This is not good for them. They can’t that we can get our priorities straight raged by this stuff, and it shouldn’t be get the financing, they can’t get the on that. happening. We can do better than that. credit to help save and create new jobs. Let me build off of my colleague Now we have a $3.9 trillion budget be- And we can do better. We should be from Utah. Let me talk about Ohio before us. And guess what is in this budg- targeted on our small businesses, on cause you two are out west and some of et? We’re now going to tell you how those families that are struggling. the things that you talked about—the we’re going to pay for the historical And I know both in your States, Utah difficult times that small businesses amount of debt that we just built up. and California, and across this country, are going through, families are going We’re going to start taxing the Amer- they are going through the same thing. through out west—we are experiencing ican people. So I thank the gentleman for yield- these things in the midwest. In this bill, there is nearly a $2 tril- ing. I will yield back. I know you’ve I represent the State of Ohio, the lion tax hike over the next decade: $2 been wanting to jump in on this. heart of the midwest. And I can tell trillion of taxes. That’s going to fur- Mr. CHAFFETZ. Thank you. The you we have over 900,000 small busi- ther weaken America’s prospects with people in Ohio, so much like what is nesses in the State of Ohio. And within sustained economic growth and job cre- happening in California and which is the last few weeks, in particular, our ation well into the future. And let me what is happening in Utah. phones in the district offices have been tell you who’s going to be paying for I look at the State budget in the ringing. Business have been calling us, this. It is going to be many of our State of Utah for the entire State. Ev- families have been calling us. They are small business owners that are strug- erything they need to do is roughly $11 going through very difficult times gling to make paycheck to paycheck, billion. And here this Federal budget is right now. They are making sacrifices that are struggling to not just save going to be nearly $4 trillion. It’s a for our country. Small businesses are jobs but create jobs and be able to sus- number so big we can’t even fathom calling us, and they are having dif- tain those jobs. Now they know they how big it is. ficulty getting the financing, the credit have a tax increase coming at them. I I heard this great stat that is just that they need to be able to meet their mean, is that how we’re going to ex- mind boggling. It says if you spend $1 payroll, to be able to save the jobs that pand and create new jobs? million a day every day, it would take are out there, much less create new American families, 95 to 100 percent you nearly 3,000 years to get to $1 tril- jobs and sustain those jobs in the long of the American families across this lion. And we’re going to spend 4? The term. country, we’re now going to hit you numbers are so astronomical. The Bob Johnsons that you just with higher costs on energy, taxes. I really believe the heart and soul of talked about. We have a lot of Bob This little thing that’s stuck in the what we’ve got to do is get back to the Johnsons, those types of businesses in budget—and I appreciate your chart up proper role of government. The former Ohio, and they are the economic engine there because I think it helps put Secretary of Agriculture wrote a great of our State and this country. As you things in perspective as to how we’re talk that’s turned into this pamphlet. mentioned, they create 60 to 80 percent paying for this debt. We’re going to It talks about the proper role of gov- of the jobs across this country. And I stick this proposal in there that’s cap- ernment. And the essence of it is we think here in Congress we can do bet- and-trade. It sounds harmless. It is not can’t be all things to all people. The ter. harmless. We’re talking about $629 bil- government is there to provide some As freshmen, we’ve been in Congress lion of tax increases on families, fami- very basic needs and services to protect now for less than 100 days, and we have lies that are making sacrifices right the community. been faced with a $700 billion TARP fi- now that are struggling to make it But it is not there to be all things to nancial market bailout that has not paycheck to paycheck. all people. We vote on a regular basis worked, in my opinion. It has been a Anyone who uses natural gas, who in the United States Congress for disaster because there’s been no—there turns on your light switch, who uses things we, as a Federal Government, hasn’t been the accountability needed, electricity, heats their home, fills up have no business doing. And when we there hasn’t been the transparency as their gasoline tank, you know what have men and women, businesses that to how that money has been in place. we’re going to do now in this budget are struggling, how can we look at a There is no plan in place. we’re going to raise the cost of energy budget and look at this chart here, The Treasury Department did not on you for the average American fam- where based on the President’s own have a plan in place. We had Secretary ily of about $1,600 per household. numbers, his scenario, that we will Geithner come into the Budget Com- So everybody’s electricity rates— double the debt? How can you look at— mittee, and we asked him about the fi- anybody that uses any type of CO2 or look. We cannot run this government nancial bailout, the market bailout. carbon, your energy costs are now on a credit card. We’ve been doing it. And he could not give us specific an- going up. Too many people in the United States swers as to how the money that has And then this tax is also—this is have been doing it. But it just gets you been spent has been spent and how what worries me in Ohio because we further and further into trouble. their plans on the future dollars on have a lot of manufacturing in Ohio. I feel a duty and obligation to leave how they were going to be spent. It’s the number one industry with agri- this country better than how we found

VerDate Nov 24 2008 04:24 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00114 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.152 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4245 it. When you have a budget that spends are going to tax the American people outpaces the revenue for the entire this much and taxes to the degree it for using electricity. budget. I mean, the entire budget pe- does and it borrows at these record lev- It’s hard to trust the administration riod, you know, the spending outpaces els, I just don’t think that we can sus- when they talk about fixing the econ- the revenue that even these huge tax tain that. And certainly for my kids it omy, but they want to tax small busi- hikes can bring in. is not going to leave the world a better nesses and the middle class, and we And I think it’s a feel-good thing. I place. maintain record trade deficits with think it’s one of those where the Fed- Nearly 30 cents in this budget, nearly countries around the world. eral Government right now thinks that 30 cents of every dollar. Think about We’re not talking about trade right they can just spend all they want for as that. Nearly 30 percent, 30 cents of now. No one is talking about fixing our long as they want, just continue to bor- every dollar will be spent by the Fed- trade relations with China so that row, and now they’re going to start eral Government. American companies and American taxing families and all so that they can What about Bob? Who do you think is manufacturing firms are punished keep this feel-good spending going on. better to run Bob’s transmission shop? right now for making American goods And I think the Americans, as they Bob or Washington, D.C.? The Federal and trying to ship them overseas. begin to realize what’s going on here in Government? It’s Bob. And that’s fun- They’re being punished, but we’re not D.C., are becoming more and more out- damentally what I have challenges talking about helping them out. We’re raged, and businesses are already very with. going to tax them more. concerned on how they’re going to be I would like to yield some time to When we talk about national secu- able to continue to survive. the gentleman from California, DUNCAN rity, the administration wants us to I thank you for yielding. HUNTER. think that they’re going to be good on Mr. CHAFFETZ. Again, September national security while at the same 12, 2008, in Dover, New Hampshire, b 2215 time cutting defense. Where are these Barack Obama said, ‘‘I can make a firm Mr. HUNTER. I thank the gentleman. hard choices? pledge. Under my plan, no family mak- You know, as freshmen, we can hon- Right now, every man, woman, and ing less than $250,000 a year will see estly say that we’re not responsible for child in this country owes $35,000 in any form of tax increase. Not your in- what’s going on right now, but we are debt that you show on that chart. With come tax, not your payroll tax, not trying to fix it. the President’s plan, that’s going to in- your capital gains tax, not any of your We came into this Congress in Janu- crease to $70,000 in 8 years. Every man, taxes.’’ ary with President Obama; and, frank- woman, and child is going to owe One of the very first bills he signed, ly, I believe what he said when he was $70,000. I have three children, too. Each tax increase on cigarettes. That affects campaigning. When he talked about one of them is going to owe $70,000 in 8 Americans across the board. This en- making tough choices, when he talked years if the administration budget goes ergy tax, the so-called cap-and-trade, about not spending so much, when he through. will affect 100 percent of Americans. talked about tax cuts for the middle I would like to say to my colleagues Every single American’s going to have class, when he talked about our foreign and to the President; we don’t need to pay this tax because those energy debt and the money that we owe China anymore stimulus. We don’t need any needs affect every single industry, and money that we owe the rest of the more TARP, no energy tax, no small every single product, and every single world, I believed him, along with ma- business tax raise, no tax raise on the household. jority of the American people. middle class. The President is spend- This is not the time to be raising But it turns out that those tax cuts ing, taxing, and borrowing into obliv- taxes, and I think there’s something to and that spending reduction and that ion. It is time that he put the check- be said about self-restraint, self-re- reduction in debt and that reduction in book down. sponsibility, personal responsibility. borrowing were simply campaign talk- Mr. CHAFFETZ. I thank the gen- You know, you look at Wall Street ing points because they don’t exist in tleman from California. You’re exactly and you look at some of these big fat the administration’s budget as it exists right. I mean, just look at this chart. cats, and you see this greed and it now. You look at the spending, and yet, makes you mad. It makes you mad, es- I would like to know where those didn’t we all hear in the campaign from pecially when you know that the gov- tough choices are. Where are those the President that we were going to ernment went into everybody’s pock- cuts? Where is Bob’s tax cut? First, rein in spending? How many times did ets—I mean, this is what I try to tell how are we going to pay for all of this we hear during the campaign, ‘‘a debt my staff, my kids, myself. When we spending? For that chart that shows we inherited’’? have an expenditure before the United that debt, how are we going to pay for Well, I ran against it. I ran against States Congress, what you really need it? the Republicans. I’m a Republican and to ask yourself is, is it right for the As my colleague from Ohio men- I ran against it. I said, look, they had government to reach into the people’s tioned, we’re going to raise taxes on the House and Senate and the Presi- pockets, everybody’s pockets, and pull people who use electricity. I have news dency and they blew it, they overspent, out money and give it to somebody else for the administration; this is every- but somehow we were going to change. over here? Is that right? I mean, that’s body. Everybody uses electricity. We’re That change under this budget rep- the prism by which I think we should going to put a $640 billion tax on Amer- resents a doubling of the debt and all- be asking are these expenditures prop- icans who use electricity. For every time record-high expenditures. er, are they right, and is this what we small business that uses electricity, No matter which financial statistic should be doing. that has carbon emissions, this cap- you want to do, this is the biggest, es- And yet, as I look at that, I just and-trade tax is going to kill American pecially if you look at it as a percent- think, my goodness, we cannot keep business. We’re going to raise taxes on age of the gross domestic product, pulling money out of people’s pockets. small businesses. We’re going to raise nearly 30 cents of every dollar. We just can’t keep doing that. There’s taxes on the middle class. Bob’s tax cut Mr. AUSTRIA. If the gentleman no way for the American entrepreneur isn’t there. would yield for just a moment, because to thrive if you continue to do that. You know, we talk about energy I think what these tax hikes are doing, What about the Bobs of the world? How right now. I would encourage my col- they’re giving the illusion that they’re are they going to grow their business? leagues to be extremely skeptical over not really increasing the deficit or the So I look at that, and I get so infuri- any talking points that talk about en- debt as much as they really are. And ated because we have such great oppor- ergy in this country and becoming self- the fact is, without any spending re- tunities. We’re the greatest country on sufficient on energy when it doesn’t straints—and you have got your chart the face of the planet, but as I look at mention nuclear. If you don’t mention up there—that this illusion is only this idea of personal responsibility, you nuclear, then it is not a real alter- going to last so long, because even with know, cable television in this country native to using oil that we get from all these tax increases, the budget’s is not a right. It’s not a right. You foreign countries, especially when we spending growth is so explosive that it have to get out there and earn it.

VerDate Nov 24 2008 04:24 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00115 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.153 H31MRPT1 jbell on PROD1PC69 with HOUSE H4246 CONGRESSIONAL RECORD — HOUSE March 31, 2009 You’ve got to go take care of it, take this budget. Instead we are merely of us, from our families night after care of yourself, take care of your fam- breaking the backs of hardworking tax- night to serve in the United States ily. We’re turning into this nanny payers and passing the buck on to our Congress—it’s a great honor, it’s a State. children. great privilege—but the reason I think People get all uppity when I say ‘‘Any budget that doesn’t have the we fight and have that passion and we’re turning into this socialist Na- best interests of the American people we’re fired up about the United States tion. How can you look at the defini- at heart must be opposed.’’ of America is we want it to go the tion of that and say, no, that we’re And that’s the key to this budget. It right direction. going in the opposite—we’re just not does not have the best interests of the b 2230 going in the right direction. We seem American people at heart. What it has to have this socialist mentality that at heart is the biggest government I, too, was elected. I think if we can we’ve got to take care of everyone and Federal grab of power that this coun- get back to those core principles of fis- everything, and yet this country was try has ever seen. From our founding— cal discipline, limited government, and founded on the idea of the right to life, the gentleman from Utah is absolutely a strong national defense, that will em- liberty, the pursuit of happiness. right—it’s been about rugged individ- power the Bob Johnsons of the world to Remember when President Kennedy ualism and individual responsibility, be that entrepreneur, be the best they said those famous words, probably people taking responsibility for their can be, provide for their family, get up some of the most famous words ever actions. off their tush and actually get out uttered by a President of the United Right now, we’re punishing those there and make things happen. States: Ask not what your country can people that take responsibility for I know that the gentleman from Ohio do for you but what you can do for their actions, punishing those people shares those same values. I want to your country? And yet look at where that pay their mortgages, punishing yield my time. we are today. Everybody’s got their those people that actually can get out Mr. AUSTRIA. Let me tell you, it has hand out, and it just feels so wrong and there and start businesses and hire peo- been an honor tonight to stand up here so wrong that our government just ple. And we’re doing it so we can help with my colleagues, all of us being new wants to pull more out. They want to out those who maybe don’t want to Members here. Congressman CHAFFETZ spend more, and if they don’t have the help themselves, who look to us here in from Utah, you are doing an out- revenue, well, they just keep borrowing this Congress as their savior. standing job in representing your great more. When this stimulus bill was passed, State; to have a Member who’s served So we have to have I think a gut- one of our Democrat colleagues from in our military, and we thank you for check and a realization in this country Florida actually said that this stim- your service, Congressman DUNCAN that we can’t be all things to all peo- ulus bill will heal the sick, feed the from California; two of my outstanding ple. We’re going to have to make some hungry, and house the homeless. The colleagues that I have had the honor to hard decisions. The President cam- stimulus bill was not the Messiah. I come in with in this class. There’s 22, I paigned on that. I campaigned on it. I have news for him: it was not the Mes- think, Republicans, and 34 Democrats, think you gentlemen campaigned on siah. It will not do any of those things. if I’m not mistaken. Just outstanding that. We’ve got to make some hard de- What it will make happen is make talent. And to join the two of you. cisions around here. We can’t be all the American people more dependent I also have a family at home. I have things to all people. on a failing Federal bureaucracy that’s three sons. When I came to Congress, I With that, I’d like to yield a moment growing at an unprecedented rate. came to Congress because I thought I to my friend, DUNCAN HUNTER from I thank the gentleman from Utah and could make a positive change. I California. the gentleman from Ohio for their thought we had opportunities to Mr. HUNTER. I thank the gentleman leadership in this and for pointing out change the direction this country was from Utah for yielding, and you’re ab- to our colleagues in Congress and to going and to really move in the right solutely right. the American people the evils that are direction to help our small businesses, Whoever thinks that we can spur this about to befall us in this country if we to help strengthen our economy, to economy back into action by taking have unrestrained spending, unre- help those families that were out there money out of the American people’s strained taxing, and unrestrained bor- that are suffering right now going pockets is delusional. Whoever thinks rowing, which is exactly what the through difficult times. that we can bring this economy, the President’s budget gives us. Let me tell you, I did not come up greatest economy in the world still, Mr. CHAFFETZ. Thank you. I think here to run up the deficit, to create put it back on its feet by taxing people you’re exactly right. Somebody has to historic amounts of debt for my three for using electricity is delusional. Who- pay the bill. You know, you can’t just sons at home, for our children and our ever thinks that by increasing the per take and take and take and not actu- grandchildren that will have to pay for capita debt for each man, woman, and ally produce things. this in years to come. child in this country from $35,000 to I worry that this country has this We have a budget that we will be de- $70,000 in 8 years, that that’s going to mentality that manufacturing’s bad. bating this week and voting on this help the country out, they’re delu- Manufacturing’s good. We have to re- week that’s now going to, all of a sud- sional. member in this country, we succeeded den, start taxing. This is how we are I’d like to read a letter here from a when we created things, and that man- going to all of a sudden start paying small business owner in my district in ufacturing is so critical and important down some of this debt and start taxes eastern San Diego: ‘‘President Obama to our future. We actually have to cre- American families, as we have talked has unleashed his massive grassroots ate and invent and get up out of our about tonight, by hitting them at army in an attempt to sway Members seats. When the going gets tough, we home where it hurts most, we know, of Congress to support his bloated $3.55 ought to get going. with heating their homes, filling their trillion budget.’’ I think it’s actually And I would expect that people take cars with gasoline, and electricity, as higher now. It was 3.55 when this letter on their own personal responsibility, we mentioned multiple times. was written. that they set greed aside, that they re- It’s not the way to go. I think we can ‘‘I urge you to resist such attempts, member the words of John F. Kennedy: do better. I think the American people and oppose his irresponsible budget Ask not what your country can do for expected better last November. They plan that would usher in massive tax you but what you can do for your coun- expected us to work in a bipartisan hikes, including the imposition of a try? Great words. The reason we manner to move good public policy for- global warming carbon tax, a doubling learned them in school is because ward. Quite frankly, I haven’t seen of the publicly held national debt, and they’re so profound and they withstand that in my first 100 days. What I’ve a permanent expansion of the Federal the test of time. seen is business as usual here in Wash- Government. And so I still have the greatest opti- ington, D.C. It’s been partisan politics, ‘‘There is no measure of fiscal re- mism about the United States of Amer- it has been legislation decided by a sponsibility and accountability with ica. The reason we spend time away, all small group on one side of the aisle

VerDate Nov 24 2008 04:24 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00116 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.155 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4247 only that has been pushing this stuff us. I’d like to yield to him because I’m took until they finally got them to through. really concerned about this card check sign just to get them off their backs. I think the American people know, as and what it’s going to do to the Amer- As one employee said, Jamie Oliver, they are beginning to realize what is ican way of life. ‘‘When they approach you every day, going on—and many of them have got- Mr. GOHMERT. I appreciate my every day, every day, after a while it’s ten their quarterly statements. Their friend for yielding. He knows about like ‘Okay. Fine. I’ll sign the card.’ ’’ retirement accounts are down signifi- scoring points—going back to school— The UAW collected the necessary sig- cantly. Their children’s education but this is outrageous. natures but plant employees appealed funds are down significantly. Their Here, the economy is hurting. And, to the NLRB—the employees appealed. savings accounts are down signifi- as my friend so eloquently put it, the Then they finally got it overturned. cantly. government doesn’t do things better The card check didn’t make their life It’s starting to sink in what is really than business. Business always does a better, it made it more miserable. So happening here. The concern is tremen- better job than government. Yet, here here you have got companies strug- dous. We have a responsibility to be ac- we are. We are piling on. gling to stay afloat. countable for those hardworking Amer- I don’t know if most people are Now I have had private businesses in icans tax dollars. That’s our responsi- aware, but virtually every week we are my district say: I’m barely staying bility in Congress, is to ensure that putting more of our energy resources afloat. If this card check bill passes, there’s accountability, there’s trans- off limits. So we are going to run up I’m going to have to let everybody go. parency, and that we do have a plan to the price of energy as we approach the I’m too old to keep putting up with it. turn this country around. summer—and the prices are already I’ve heard this from a number of peo- So, again, I thank my two colleagues going up on their own. And then you ple. We’re going to let them go. And for allowing me to join them tonight. have got this ridiculous spending that’s the card check will put a bunch more Every day I walk into my office, I take going crazy. Begging the Chinese to people out of business. off my coat, roll up my sleeves. I’ve got keep loaning us money. We’re going to Here, at a time when the economy is a wonderful intern by the name of print money. Inflation is going to hit already struggling, and I think my Louis who comes in and says, Congress- it. friend is so right—my friend from Utah man, what fight do we have today? On top of that, we’re going to really nailed it—the American people are I can tell you, we’re not going to give hammer free enterprise by saying, in what makes this country great. up that fight. We’re going to keep effect—you guys wouldn’t know this, I was visiting with some students fighting and fighting for the hard- but my elementary school teachers, here from the Big Twelve. We have working Americans out there and hard- who I think were all Democrats, were A&M, Baylor. They’re still here, but working taxpayers out there and being liars. Because they told me growing up the House rules say you can’t acknowl- accountable for their tax dollars. in school that you cannot have a free edge people in the gallery, so I won’t. Thank you for yielding. But we have some from Missouri, from Mr. CHAFFETZ. Thank you. It really society, a Democratic country, if you is about personal accountability, about don’t have a secret ballot. That’s what Texas Tech. From around the Big getting up, whatever your situation in they told me. And I believed them. I Twelve. They get it. They know that life is and, believe me, people are hurt- still believe them. the American people are the real ing. We know that. The question is how Yet, here is this bill, they call it card strength of this country. And for the do we best move forward. There’s some check, but it’s the anti-secret ballot government to try to cram this stuff that would argue that only govern- initiative by the Democratic leaders. down on them and say, We do it better, ment, only government, can solve Obviously, it’s being pushed by the peo- is really outrageous. these problems. I don’t think so. I beg ple they owe a great deal to. So I appreciate all of my friends here to differ. But Fox News had a story on about today making that point to the Amer- I think it’s the American entre- the Dana Corporation Auto Parts in ican people. preneur, it’s the American families, it’s Albion, Indiana, and they said that the Mr. CHAFFETZ. Thank you. Thank the strength of the individuals collec- card check process has nearly torn the you for your service. It’s an honor to tively within this country that, given 50-person plant apart after harassment serve with you. We’re on a committee the right set of freedoms, the right set and intimidation from the United Auto together. of liberties, that can pursue their own Workers Union forced them to a secret I want to talk about another bill that happiness. That’s what makes this ballot vote. recently passed the United States Con- country great. That’s what makes this The union organizer, they said, came gress—something that I voted against. country so strong. to the plant 2 years ago, asking em- It’s the so-called GIVE Act. Now think It’s also the right and the oppor- ployees to join the UAW because the about this. Again, I think the way we tunity to vote and participate. I’ve got company had signed a neutrality agree- ought to be looking at whether we concerns about another big initiative ment with the union. The meeting ought to be spending money is to say: that’s being slammed down the Ameri- didn’t go well. Is it right, is it proper to put the gov- cans peoples throats, and that is card One of the people interviewed, Larry ernment’s hand in everybody’s pockets check. I recognize the right of people if Guest, said, ‘‘He was using real rough and pull money out and give it to they want to gather together and join language—cursing. It didn’t go over somebody else. If the answer is yes, so a union. But how we do that—if we well with the women at all. There were be it. don’t get the process right, we can’t a couple that just got up and left. National defense? Absolutely. It’s in ever get good results. So employees said the union rep- the Constitution, it’s in all of our best I look at the way we look at things resentatives approached them in the interests. We have to have it in order in the United States Congress. When break room, at the plant doors, and to survive. Yet, that is the place that the single-largest single spending bill even followed them to their cars and the President is trying to cut the budg- in the history of the United States just harassed them and even followed et. That’s a proper role of government. came before this body and we just over them home—and the employees The so-called GIVE Act was going to 13 hours to review it, there was not one verified this—and they said, ‘‘We’re in be a program for paid volunteers. Now, Member of the United States Congress a little town. We’re in a plant of 50 to me, that is an oxymoron. It doesn’t able to read it. It’s physically impos- some people. The last thing you need is seem right. We are going to pay and sible to go through the 1,400 pages of a to have a union come to your door say- compensate volunteers. It’s just amaz- $1 trillion bill, the single largest bill in ing: I want your name.’’ ing to me. the history of the United States, and But that’s all it took under the card PETE ROSKAM pulled out these actually try to consume that. check process. They didn’t get a secret quotes—a colleague of ours here in the So if you don’t get the process right, ballot. All they needed was their name. House—the President said, ‘‘The ques- it’s really hard to get a good result. So if it meant following them home, tion we ask today is not whether our Mr. GOHMERT’s here with us from following them to their car, going to government is too big or too small, but Texas. I’d appreciate it if he would join their kids’ baseball games, whatever it whether it works.’’ Moments later, he

VerDate Nov 24 2008 05:00 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00117 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.156 H31MRPT1 jbell on PROD1PC69 with HOUSE H4248 CONGRESSIONAL RECORD — HOUSE March 31, 2009 said, ‘‘Where the answer is yes, we in- they are passionate about this. We the Department’s final rule — Medical De- tend to move forward. Where the an- can’t do it ourselves. vices; Immunology and Microbiology De- vices; Classification of Enterovirus Nucleic swer is no, the programs will end.’’ f I also remember the President said Acid Assay [Docket No. FDA-2008-N-0517] re- SPECIAL ORDERS GRANTED ceived January 30, 2009, pursuant to 5 U.S.C. ‘‘we go line-by-line through the budg- 801(a)(1)(A); to the Committee on Energy and et.’’ Line-by-line. Have you heard any- By unanimous consent, permission to Commerce. thing that we’re going to cut, other address the House, following the legis- 1103. A letter from the Acting Chairman, than national defense, one of the key lative program and any special orders Federal Energy Regulatory Commission, cornerstones of things that has to hap- heretofore entered, was granted to: transmitting the Commission’s 88th Annual pen in this country? I haven’t heard (The following Members (at the re- Report covering the fiscal year from October 1, 2007 through September 30, 2008; to the that. quest of Mrs. CHRISTENSEN) to revise Where is that middle-class tax cut. I Committee on Energy and Commerce. and extend their remarks and include 1104. A letter from the Secretary, Depart- haven’t seen it. To think you’re going extraneous material:) ment of Defense, transmitting the Depart- to get an extra $10. You can barely get Ms. WOOLSEY, for 5 minutes, today. ment’s fifteenth report, pursuant to Public through Quiznos to do that. Mrs. CHRISTENSEN, for 5 minutes, Law 110-252, section 9204; to the Committee Yet, they pass this GIVE Act—over $5 today. on Foreign Affairs. billion in new money. There’s a great Mr. DEFAZIO, for 5 minutes, today. 1105. A letter from the Secretary General, Inter-Parliamentary Union, transmitting no- Web site out there called Ms. KAPTUR, for 5 minutes, today. tification that the Parliamentary Con- ExpectMore.gov. It’s put out by the Of- Mr. BACA, for 5 minutes, today. fice of Management and Budget. There ference on the Global Economic Crisis will Mr. SHERMAN, for 5 minutes, today. take place in Geneva at the United Nations are over 1,100 Federal programs. Go to (The following Members (at the re- European Headquarters — the Palais des Na- that Web site—ExpectMore.gov. You quest of Mr. GUTHRIE) to revise and ex- tions — on May 7 and 8, 2009; to the Com- can look it up for yourself. tend their remarks and include extra- mittee on Foreign Affairs. One of the things that was funded in neous material:) 1106. A letter from the Chairman, Council of the District of Columbia, transmitting a the GIVE Act was Learn and Serve. Ac- Mr. FLAKE, for 5 minutes, today. copy of D.C. ACT 18-37, ‘‘Records Access cording to the Office of Management Mr. SMITH of New Jersey, for 5 min- and Budget, it is described as, ‘‘not per- Temporary Amendment Act of 2009,’’ pursu- utes, today and April 1. ant to D.C. Code section 1-233(c)(1); to the forming; results not demonstrated.’’ f Committee on Oversight and Government It also funds AmeriCorps, the Na- Reform. tional Civilian Community Corps, SENATE BILL REFERRED 1107. A letter from the Chairman, Council which the OMB described as, ‘‘not per- A bill of the Senate of the following of the District of Columbia, transmitting a forming. Ineffective.’’ Yet, they just title was taken from the Speaker’s copy of D.C. ACT 18-36, ‘‘SOME, Inc. Tax Ex- got a huge funding increase. And the emption Temporary Amendment Act of table and, under the rule, referred as 2009,’’ pursuant to D.C. Code section 1- President promised us, ‘‘Where the an- follows: swer is yes, we intend to move forward. 233(c)(1); to the Committee on Oversight and S. 681. An act to provide for special rules Government Reform. Where the answer is no, the programs relating to assistance concerning the Greens- 1108. A letter from the Chairman, Council will end.’’ burg, Kansas tornado, to the Committee on of the District of Columbia, transmitting a I hope partly what I can do, Mr. Education and Labor. copy of D.C. ACT 18-35, ‘‘Randall School De- Speaker, in my career, leaving at what- velopment Project Tax Exemption Tem- f ever point I do, that I can leave some porary Act of 2009,’’ pursuant to D.C. Code mark at some point to say that we ADJOURNMENT section 1-233(c)(1); to the Committee on Oversight and Government Reform. shrunk the size and scope of govern- Mr. CHAFFETZ. Mr. Speaker, I move ment, because we can no longer be all 1109. A letter from the Acting Chairman, that the House do now adjourn. Consumer Product Safety Commission, things to all people. We cannot take 30 The motion was agreed to; accord- transmitting the Commission’s Notification cents of every dollar in this economy ingly (at 10 o’clock and 45 minutes and Federal Employees Antidiscrimination and spend it through the Federal Gov- p.m.), the House adjourned until to- and Retaliation Act of 2002 Annual Report ernment. That is not the way to pros- morrow, Wednesday, April 1, 2009, at 10 for fiscal year 2008; to the Committee on perity, that is not the way to pursue a.m. Oversight and Government Reform. life, liberty, and the pursuit of happi- 1110. A letter from the Deputy General ness. f Counsel for Operations, Department of Hous- It’s the American entrepreneur, it’s ing and Urban Development, transmitting a EXECUTIVE COMMUNICATIONS, report pursuant to the Federal Vacancies Re- the American family, it’s the American ETC. form Act of 1998; to the Committee on Over- businesswoman, it’s my 16-year-old son Under clause 8 of rule XII, executive sight and Government Reform. who’s getting ready to go in the world. communications were taken from the 1111. A letter from the Acting Assistant Secretary Legislative Affairs, Department of And look at the debt. Governments Speaker’s table and referred as follows: going to do everything. No, it’s not. State, transmitting the Department’s fourth And until the American people get fed 1099. A letter from the Undersecretary for Annual No FEAR Report to Congress for Fis- Personnel and Readiness, Department of De- up, they stand up, they call their rep- cal Year 2008, pursuant to Public Law 107-174, fense, transmitting the Department’s report section 203; to the Committee on Oversight resentatives. There are a good number on the demonstration project notices, and Government Reform. of people here on both sides of the amendments, and changes requested by the 1112. A letter from the Secretary, Depart- aisle. Science and Technology Reinvention Lab- ment of Veterans Affairs, transmitting the But we cannot be all things to all oratories during calendar year 2008, pursuant Department’s Fiscal Year 2008 annual report people. We have to say ‘‘no.’’ You do it to Public Law 110-181, section 1107(d); to the prepared in accordance with Section 203 of in your life, business does it every day. Committee on Armed Services. the Notification and Federal Employee Anti- And this government and this Presi- 1100. A letter from the Principal Deputy, discrimination and Retaliation Act of 2002, Department of Defense, transmitting author- dent fails to do it every day. Pub. L. 107-174; to the Committee on Over- ization of 2 officers to wear the authorized sight and Government Reform. Get fired up. Get all a hold of your insignia of the grade of major general, pursu- 1113. A letter from the Chairman, Merit representatives. We cannot have a ant to 10 U.S.C. 777; to the Committee on Systems Protection Board, transmitting budget that spends this much, that Armed Services. draft legislation to reauthorize the U.S. taxes this much, and that borrows this 1101. A letter from the Acting Assistant Merit Systems Protection Board for a period much. You’re going to double your Attorney General, Department of Justice, of five years; to the Committee on Oversight debt. Would you let that happen in transmitting the Department’s Office of Jus- and Government Reform. your family? No. Would you let that tice Programs’ Office of Juvenile Justice and 1114. A letter from the Paralegal Spe- Delinquency Prevention Annual Report for cialist, Department of Transportation, trans- happen to your business? No. Your gov- 2008, pursuant to 42 U.S.C. 5617, section 207; mitting the Department’s final rule — Air- ernment’s doing it right now. to the Committee on Education and Labor. worthiness Directives; Empresa Brasileira de Please, stand up and get involved. 1102. A letter from the Director, Regula- Aeronautica S.A. (EMBRAER) Model EMB- Mr. AUSTRIA from Ohio, Mr. HUNTER tions Policy and Mgmt. Staff, Department of 145, -145ER, -145MR, -145LR, -145XR, -145MP, from California, a host of other people, Health and Human Services, transmitting and -145EP Airplanes [Docket No. FAA-2008-

VerDate Nov 24 2008 04:24 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00118 Fmt 7634 Sfmt 0634 E:\CR\FM\K31MR7.157 H31MRPT1 jbell on PROD1PC69 with HOUSE March 31, 2009 CONGRESSIONAL RECORD — HOUSE H4249 0271; Directorate Identifier 2007-NM-267-AD; By Mr. WAMP: such provisions as fall within the jurisdic- Amendment 39-15784; AD 2009-01-05] (RIN: H.R. 1805. A bill to amend the Internal Rev- tion of the committee concerned. 2120-AA64) received March 27, 2009, pursuant enue Code of 1986 to make permanent the de- By Mr. BARTON of Texas (for himself, to 5 U.S.C. 801(a)(1)(A); to the Committee on duction for State and local sales tax, the de- Mr. RADANOVICH, Mr. ROGERS of Transportation and Infrastructure. duction for qualified tuition and related ex- Michigan, Mrs. BLACKBURN, Mr. SES- 1115. A letter from the Chief, Publications penses, and the deduction for mortgage in- SIONS, Mr. WHITFIELD, Mrs. MYRICK, and Regulations Branch, Internal Revenue terest premiums, and to modify to the home- Mr. BLUNT, Mr. GALLEGLY, Mr. Service, transmitting the Service’s final rule buyer credit; to the Committee on Ways and GINGREY of Georgia, Mr. SULLIVAN, — Net Operating Loss Carryback Election Means. Mr. BARTLETT, Mr. PUTNAM, Mr. Under Section 1211 of American Recovery By Mr. MEEK of Florida: TERRY, Mr. STEARNS, Mr. PITTS, and and Reinvestment Tax Act of 2009 (Rev. H.R. 1806. A bill to amend the Internal Rev- Mr. THORNBERRY): Proc. 2009-19) received March 19, 2009, pursu- enue Code of 1986 to provide incentives to en- H.R. 1815. A bill to clarify the applicability ant to 5 U.S.C. 801(a)(1)(A); to the Committee courage investment in the expansion of of certain provisions in the Consumer Prod- on Ways and Means. freight rail infrastructure capacity and to uct Safety Improvement Act, and for other f enhance modal tax equity; to the Committee purposes; to the Committee on Energy and on Ways and Means. Commerce. REPORTS OF COMMITTEES ON By Mr. THOMPSON of Pennsylvania: By Mr. BERMAN (for himself, Mr. PUBLIC BILLS AND RESOLUTIONS H.R. 1807. A bill to provide distance learn- HALL of Texas, Ms. BORDALLO, Ms. Under clause 2 of rule XIII, reports of ing to potential and existing entrepreneurs, LEE of California, Mr. VAN HOLLEN, and for other purposes; to the Committee on Mr. MCGOVERN, Mr. MCDERMOTT, Mr. committees were delivered to the Clerk Small Business. BOUCHER, Mr. KING of New York, Mr. for printing and reference to the proper By Ms. SPEIER (for herself and Mr. GENE GREEN of Texas, Mr. WOLF, Ms. calendar, as follows: THOMPSON of California): KILROY, Mr. BURTON of Indiana, Mr. Mr. BRADY of Pennsylvania: Committee H.R. 1808. A bill to amend the Internal Rev- ISRAEL, Mr. HINCHEY, Mr. SESTAK, on House Administration. House Resolution enue Code of 1986 to provide for consumer re- Ms. DELAURO, Ms. SHEA-PORTER, Mrs. 303. Resolution dismissing the election con- bates for purchases of certain new passenger MALONEY, Mr. MCMAHON, Ms. test relating to the office of Representative motor vehicles; to the Committee on Ways WASSERMAN SCHULTZ, Mrs. CAPPS, from the First Congressional Ditrict of Ha- and Means. Mr. SERRANO, Mr. FARR, and Ms. ED- waii (Rept. 111–68). Referred to the House By Mr. PIERLUISI (for himself and Ms. WARDS of Maryland): Calendar. BORDALLO): H.R. 1816. A bill to amend the Public Mr. TOWNS: Committee on Oversight and H.R. 1809. A bill to amend title 10, United Health Service Act to authorize the Director Government Reform. Oversight Plans for All States Code, to expand the geographical cov- of the National Cancer Institute to make House Committees (Rept. 111–69). Referred to erage of TRICARE Prime to include Puerto grants for the discovery and validation of the Committee of the Whole House on the Rico and Guam; to the Committee on Armed biomarkers for use in risk stratification for, State of the Union. Services. and the early detection and screening of, Mr. MCGOVERN: Committee on Rules. By Mrs. BACHMANN: ovarian cancer; to the Committee on Energy House Resolution 305. Resolution providing H.R. 1810. A bill to open Federal Bureau of and Commerce. for consideration of the concurrent resolu- Land Management and National Forest lands By Mrs. BLACKBURN (for herself, Mr. tion (H. Con. Res. 85) setting forth the con- to leasing for exploration, development, and COHEN, and Mr. DAVIS of Tennessee): gressional budget for the United States Gov- production of oil shale resources, and for H.R. 1817. A bill to designate the facility of ernment for fiscal year 2010 and including other purposes; to the Committee on Natural the United States Postal Service located at the appropriate budgetary levels for fiscal Resources. 116 North West Street in Somerville, Ten- years 2009 and 2011 through 2014 (Rept. 111– By Mrs. BACHMANN: nessee, as the ‘‘John S. Wilder Post Office 70). Referred to the House Calendar. H.R. 1811. A bill to authorize the President Building’’; to the Committee on Oversight Mr. PERLMUTTER: Committee on Rules. to review and approve oil and gas explo- and Government Reform. House Resolution 306. Resolution providing ration, development, and production projects By Mr. BURTON of Indiana (for him- for consideration of the bill (H.R. 1664) to under existing Federal oil and gas leases, self, Mrs. MILLER of Michigan, Mr. amend the executive compensation provi- both onshore and offshore, and to limit ad- LOBIONDO, Mr. ROHRABACHER, Mr. sions of the Emergency Economic Stabiliza- ministrative and judicial proceedings with COURTNEY, Mr. RODRIGUEZ, Mr. tion Act of 2008 to prohibit unreasonable and respect to such projects, upon finding that LATTA, and Mrs. MCMORRIS ROD- excessive compensation and compensation such a project complies with all applicable GERS): not based on performance standards (Rept. Federal laws, and for other purposes; to the H.R. 1818. A bill to amend title 10, United 111–71). Referred to the House Calendar. Committee on Natural Resources. States Code, to extend military commissary Mr. POLIS: Committee on Rules. House By Mrs. BACHMANN (for herself, Mr. and exchange store privileges to veterans Resolution 307. Resolution providing for con- PAUL, and Mrs. SCHMIDT): with a compensable service-connected dis- sideration of the bill (H.R. 1256) to protect H.R. 1812. A bill to amend the Internal Rev- ability and to their dependents; to the Com- the public health by providing the Food and enue Code of 1986 to reduce the recovery peri- mittee on Armed Services. Drug Administration with certain authority ods for certain energy production and dis- By Mr. CAO: to regulate tobacco products (Rept. 111–72). tribution facilities; to the Committee on H.R. 1819. A bill to amend the Digital Tele- Referred to the House Calendar. Ways and Means. vision Transition and Public Safety Act of f By Mrs. BACHMANN (for herself and 2005 to extend the interoperable emergency Mr. MCHENRY): communications grant program through fis- PUBLIC BILLS AND RESOLUTIONS H.R. 1813. A bill to terminate or provide for cal year 2012; to the Committee on Energy Under clause 2 of rule XII, public suspension of the application of Federal laws and Commerce. that restrict exploration, development, or bills and resolutions of the following By Mrs. DAVIS of California (for her- production of oil, gas, or oil shale, to facili- self, Mr. WAXMAN, Mr. BERMAN, Mr. titles were introduced and severally re- tate the construction of new crude oil refin- FILNER, Mr. COSTA, Ms. ZOE LOFGREN ferred, as follows: eries, and for other purposes; to the Com- of California, Ms. WOOLSEY, Ms. MAT- By Mr. NYE: mittee on Natural Resources, and in addition SUI, Mr. BECERRA, Mrs. TAUSCHER, H.R. 1803. A bill to amend the Small Busi- to the Committees on Energy and Com- Mr. BACA, Mr. MCNERNEY, Mr. HONDA, ness Act to establish a Veterans Business merce, and Agriculture, for a period to be and Mr. STARK): Center program, and for other purposes; to subsequently determined by the Speaker, in H.R. 1820. A bill to redesignate the facility the Committee on Small Business. each case for consideration of such provi- of the United States Postal Service located By Mr. TOWNS (for himself, Mr. SKEL- sions as fall within the jurisdiction of the at 2777 Logan Avenue in San Diego, Cali- TON, Mr. WAXMAN, Mr. LYNCH, and committee concerned. fornia, as the ‘‘Cesar E. Chavez Post Office’’; Mrs. DAVIS of California): By Mr. BARRETT of South Carolina to the Committee on Oversight and Govern- H.R. 1804. A bill to amend title 5, United (for himself, Mr. INGLIS, Mr. PAUL, ment Reform. States Code, to make certain modifications Mr. WESTMORELAND, Mr. AKIN, and By Mr. FILNER: in the Thrift Savings Plan, the Civil Service Mrs. BACHMANN): H.R. 1821. A bill to amend chapter 31 of Retirement System, and the Federal Em- H.R. 1814. A bill to amend the Balanced title 38, United States Code, to increase vo- ployees’ Retirement System, and for other Budget and Emergency Deficit Control Act cational rehabilitation and employment as- purposes; to the Committee on Oversight and of 1985 to extend the discretionary spending sistance, and for other purposes; to the Com- Government Reform, and in addition to the limits through fiscal year 2014, to extend mittee on Veterans’ Affairs. Committee on Armed Services, for a period paygo for direct spending, and for other pur- By Mr. FRANKS of Arizona (for him- to be subsequently determined by the Speak- poses; to the Committee on the Budget, and self, Mr. ADERHOLT, Mr. AKIN, Mrs. er, in each case for consideration of such pro- in addition to the Committee on Rules, for a BACHMANN, Mr. BARRETT of South visions as fall within the jurisdiction of the period to be subsequently determined by the Carolina, Mr. BOOZMAN, Mr. BROUN of committee concerned. Speaker, in each case for consideration of Georgia, Mr. BURTON of Indiana, Mr.

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COLE, Mr. CONAWAY, Mr. FORBES, Mr. BLUMENAUER, Mr. MEEK of Florida, By Mr. WEXLER (for himself and Ms. FORTENBERRY, Mr. GARRETT of New Mr. SESTAK, Mr. NEAL of Massachu- KAPTUR): Jersey, Mr. HUNTER, Mr. KING of setts, Mr. SHIMKUS, Mr. WILSON of H.R. 1832. A bill to amend part D of title Iowa, Mr. LAMBORN, Mr. LATTA, Mr. South Carolina, Mr. PUTNAM, Mr. XVIII of the Social Security Act to limit the LINDER, Mr. LIPINSKI, Mr. MCCOTTER, MCGOVERN, Mr. BUTTERFIELD, Mr. increase in premium costs for beneficiaries Mr. MCHENRY, Mr. PENCE, Mr. LINCOLN DIAZ-BALART of Florida, Mr. under the Medicare prescription drug pro- SCALISE, Mrs. SCHMIDT, Mr. SMITH of DEFAZIO, Mr. ISRAEL, Mr. BISHOP of gram to no more than the Social Security New Jersey, Mr. SMITH of Texas, Mr. Georgia, Mr. TIERNEY, Mr. ROHR- cost-of-living adjustment, and to direct the SOUDER, Mr. TAYLOR, and Mr. WILSON ABACHER, Mrs. CAPPS, Mr. LOEBSACK, Secretary of Health and Human Services to of South Carolina): Mr. GRIJALVA, Mr. ROGERS of Ala- negotiate lower prescription drug prices on H.R. 1822. A bill to prohibit discrimination bama, Mr. ELLISON, Mr. OBERSTAR, behalf of Medicare beneficiaries; to the Com- against the unborn on the basis of sex or Mr. WU, Mr. FRANKS of Arizona, Mrs. mittee on Energy and Commerce, and in ad- race, and for other purposes; to the Com- MALONEY, Mr. JONES, Mr. GARY G. dition to the Committee on Ways and Means, mittee on the Judiciary. MILLER of California, Mr. YOUNG of for a period to be subsequently determined By Mr. FRELINGHUYSEN: Alaska, Mr. GENE GREEN of Texas, by the Speaker, in each case for consider- H.R. 1823. A bill to amend the Immigration Mr. KILDEE, and Mr. ALTMIRE): ation of such provisions as fall within the ju- and Nationality Act to improve communica- H.R. 1829. A bill to amend title XVIII of the risdiction of the committee concerned. tion between the Secretary of Homeland Se- Social Security Act to authorize physical By Mr. HOEKSTRA (for himself, Mr. curity and State and local law enforcement therapists to evaluate and treat Medicare WOLF, Mr. AKIN, Mr. ALEXANDER, officials regarding the treatment of aliens beneficiaries without a requirement for a Mrs. BACHMANN, Mr. BARRETT of who have been ordered removed and also physician referral, and for other purposes; to South Carolina, Mr. BARTLETT, Mr. charged with an aggravated felony under the Committee on Energy and Commerce, BISHOP of Utah, Mrs. BLACKBURN, Mr. State law; to the Committee on the Judici- and in addition to the Committee on Ways BOEHNER, Mr. BOOZMAN, Mr. BROUN of ary. and Means, for a period to be subsequently Georgia, Mr. BROWN of South Caro- By Mr. HOYER (for himself and Mr. determined by the Speaker, in each case for lina, Mr. BUCHANAN, Mr. BURTON of BLUNT): consideration of such provisions as fall with- Indiana, Mr. CAMP, Mr. CAMPBELL, H.R. 1824. A bill to provide assistance to in the jurisdiction of the committee con- Mr. CANTOR, Mr. CARTER, Mr. COLE, Best Buddies to support the expansion and cerned. Mr. CONAWAY, Mr. DAVIS of Ken- development of mentoring programs, and for By Mrs. TAUSCHER (for herself and tucky, Mr. DEAL of Georgia, Ms. other purposes; to the Committee on Edu- Mr. SPRATT): FALLIN, Mr. FLEMING, Mr. cation and Labor. H.R. 1830. A bill to improve the organiza- FORTENBERRY, Mr. FRANKS of Ari- By Mr. JORDAN of Ohio (for himself tion and procedures of the Department of De- zona, Mr. GINGREY of Georgia, Mr. and Mr. ELLSWORTH): GOHMERT, Mr. GUTHRIE, Mr. HARPER, H.R. 1825. A bill to amend title 18, United fense for the acquisition of major weapon Mr. HELLER, Mr. HENSARLING, Mr. States Code, to deter public corruption; to systems, and for other purposes; to the Com- HERGER, Mr. HUNTER, Mr. SAM JOHN- the Committee on the Judiciary. mittee on Armed Services. SON of Texas, Mr. JORDAN of Ohio, By Mr. LARSON of Connecticut (for By Mr. THOMPSON of California (for himself, Mr. CANTOR, Mr. Mr. KINGSTON, Mr. KLINE of Min- himself, Mr. NADLER of New York, BLUMENAUER, Mr. BRADY of Texas, nesota, Mr. LAMBORN, Mr. LATTA, Mr. Ms. PINGREE of Maine, Mr. JONES, Mr. Mr. DAVIS of Alabama, Mr. DOGGETT, LUCAS, Mrs. LUMMIS, Mr. MANZULLO, PLATTS, Mr. COOPER, Mr. HOLT, Mr. Mr. ETHERIDGE, Mr. HIGGINS, Mr. Mr. MARCHANT, Mr. MCCAUL, Mr. COHEN, Mr. HEINRICH, Mr. POLIS of KIND, Mr. LARSON of Connecticut, Mr. MCCLINTOCK, Mr. MCCOTTER, Mr. Colorado, Ms. EDWARDS of Maryland, ROSKAM, Ms. SCHWARTZ, Mr. MCHENRY, Mr. MCKEON, Mr. MORAN Mr. CAPUANO, and Mr. DOYLE): H.R. 1826. A bill to reform the financing of YARMUTH, Mr. ALTMIRE, Mr. BACHUS, of Kansas, Mr. NEUGEBAUER, Mr. House elections, and for other purposes; to Ms. BALDWIN, Mr. BISHOP of New PENCE, Mr. PITTS, Mr. PLATTS, Mr. the Committee on House Administration, York, Mrs. BLACKBURN, Mr. BOOZMAN, PRICE of Georgia, Mr. RADANOVICH, and in addition to the Committees on Energy Mr. BURTON of Indiana, Mrs. CAPPS, Mr. ROE of Tennessee, Mrs. SCHMIDT, and Commerce, and Ways and Means, for a Mr. CARDOZA, Mr. CARNAHAN, Mr. Mr. SESSIONS, Mr. SHADEGG, Mr. period to be subsequently determined by the CARNEY, Mr. CHANDLER, Mr. SHIMKUS, Mr. SOUDER, Mr. SULLIVAN, Speaker, in each case for consideration of CONAWAY, Mr. CONNOLLY of Virginia, Mr. TERRY, Mr. TIAHRT, Mr. WAMP, such provisions as fall within the jurisdic- Mr. COSTA, Mr. COURTNEY, Mrs. Mr. WESTMORELAND, Mr. WHITFIELD, tion of the committee concerned. DAHLKEMPER, Mr. DELAHUNT, Ms. Mr. WILSON of South Carolina, and By Ms. MATSUI: DELAURO, Mr. DENT, Mr. LINCOLN Mr. WITTMAN): H.R. 1827. A bill to amend title 49, United DIAZ-BALART of Florida, Mr. DIN- H.J. Res. 42. A joint resolution proposing States Code, to provide for the establishment GELL, Mr. EHLERS, Mr. ELLISON, Mr. an amendment to the Constitution of the of a flexibility incentive grant program; to ENGEL, Ms. ESHOO, Mr. FORTENBERRY, United States relating to parental rights; to the Committee on Transportation and Infra- Mr. FRELINGHUYSEN, Mr. GERLACH, the Committee on the Judiciary. structure. Ms. GIFFORDS, Mr. GOODLATTE, Mr. By Mr. FRELINGHUYSEN: By Mr. POLIS of Colorado (for himself, HALL of New York, Mr. HASTINGS of H. Con. Res. 90. Concurrent resolution ex- Mr. PERLMUTTER, Ms. DEGETTE, Mr. Florida, Mr. HINCHEY, Ms. HIRONO, pressing the sense of the Congress regarding SALAZAR, and Mr. COFFMAN of Colo- Mr. HOLT, Mr. HONDA, Mr. ISRAEL, the removal from the United States of aliens rado): Mr. KAGEN, Mr. KENNEDY, Mr. KIL- charged under State law with aggravated H.R. 1828. A bill to amend the Energy Em- DEE, Mr. KING of New York, Mr. felonies; to the Committee on the Judiciary. ployees Occupational Illness Compensation KISSELL, Mr. KRATOVIL, Mr. By Ms. LEE of California (for herself, Program Act of 2000 to expand the category LANGEVIN, Mrs. LOWEY, Mrs. LUMMIS, Mr. HASTINGS of Florida, Mr. SUL- of individuals eligible for compensation, to Mr. DANIEL E. LUNGREN of California, LIVAN, Ms. FUDGE, Mr. WATT, Mr. improve the procedures for providing com- Mrs. MALONEY, Ms. MARKEY of Colo- SCOTT of Virginia, Mr. PAYNE, Mrs. pensation, and to improve transparency, and rado, Mr. MCCOTTER, Mr. MCINTYRE, CHRISTENSEN, Mr. ELLISON, Mr. for other purposes; to the Committee on the Mr. MCNERNEY, Mr. MICHAUD, Mr. BUTTERFIELD, Mr. MEEKS of New Judiciary, and in addition to the Committee MILLER of North Carolina, Mr. York, Mr. DAVIS of Illinois, Mr. AL on Education and Labor, for a period to be GEORGE MILLER of California, Mr. GREEN of Texas, Ms. WATSON, Ms. subsequently determined by the Speaker, in MITCHELL, Mr. MURPHY of Con- WATERS, Ms. JACKSON-LEE of Texas, each case for consideration of such provi- necticut, Mr. PATRICK J. MURPHY of Mr. MEEK of Florida, Mr. RANGEL, sions as fall within the jurisdiction of the Pennsylvania, Mr. OLVER, Mr. Mr. JOHNSON of Georgia, Mr. committee concerned. PAULSEN, Mr. PERRIELLO, Ms. PIN- CUMMINGS, Mr. SPRATT, Mr. CLYBURN, By Mr. POMEROY (for himself, Mr. GREE of Maine, Mr. PITTS, Mr. POLIS Mr. JACKSON of Illinois, Ms. EDDIE TIM MURPHY of Pennsylvania, Ms. of Colorado, Mr. PRICE of North Caro- BERNICE JOHNSON of Texas, Mr. DAVIS BALDWIN, Ms. DELAURO, Mr. lina, Mr. PUTNAM, Mr. PAUL, Mr. of Alabama, Mr. FATTAH, Ms. RUPPERSBERGER, Mr. ROSS, Mr. ROSS, Mr. SALAZAR, Mr. SCHAUER, Mr. CORRINE BROWN of Florida, Ms. KIL- OLVER, Mr. TURNER, Mr. FARR, Mr. SCHIFF, Mr. SESTAK, Mr. SHULER, PATRICK of Michigan, Ms. MOORE of KIRK, Mr. PITTS, Mr. GERLACH, Mr. Mrs. TAUSCHER, Mr. THORNBERRY, Mr. Wisconsin, Mr. CARSON of Indiana, HIGGINS, Mr. CHANDLER, Mr. MORAN WAXMAN, Mr. WEINER, Mr. WITTMAN, Ms. NORTON, Mr. RUSH, Mr. CONYERS, of Kansas, Mr. ROGERS of Kentucky, Mr. WOLF, and Ms. WOOLSEY): Mr. THOMPSON of Mississippi, Mr. Mr. INSLEE, Mr. GRAVES, Mr. SHU- H.R. 1831. A bill to amend the Internal Rev- TOWNS, Mr. CLEAVER, Ms. EDWARDS of STER, Mr. CONAWAY, Mr. MICHAUD, enue Code of 1986 to make permanent the Maryland, Mr. LEWIS of Georgia, Mr. Mr. PAUL, Mr. LANGEVIN, Mr. HIN- special rule for contributions of qualified BISHOP of Georgia, Ms. CLARKE, Mr. CHEY, Mr. BISHOP of Utah, Mr. conservation contributions; to the Com- CLAY, Ms. RICHARDSON, and Mr. PLATTS, Mrs. EMERSON, Mr. mittee on Ways and Means. SCOTT of Georgia):

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H. Res. 302. A resolution honoring and rec- H.R. 197: Mr. PERRIELLO, Mr. LATTA, and H.R. 1550: Mr. CARNAHAN, Mr. SARBANES, ognizing the life and achievements of John Mr. BARRETT of South Carolina. and Mr. SCHAUER. Hope Franklin, one of the Nation’s most dis- H.R. 211: Mr. YOUNG of Florida, Mr. H.R. 1587: Mr. TIAHRT, Mr. SOUDER, Mr. tinguished scholars; to the Committee on HASTINGS of Florida, and Ms. WATSON. SKELTON, Mr. WESTMORELAND, and Mr. LIN- Oversight and Government Reform. H.R. 233: Mr. ELLISON and Mr. FLEMING. DER. By Mr. BRADY of Pennsylvania: H.R. 235: Mr. BOCCIERI, Mr. HINOJOSA, Mr. H.R. 1616: Mrs. MALONEY, Ms. CASTOR of H. Res. 303. A resolution dismissing the MITCHELL, Mr. CLEAVER, Ms. LEE of Cali- Florida, Mr. PAYNE, Mr. MCDERMOTT, and election contest relating to the office of Rep- fornia, Mr. LARSEN of Washington, and Mr. Mr. LEWIS of Georgia. resentative from the First Congressional POLIS of Colorado. H.R. 1623: Mr. LATOURETTE. District of Hawaii; considered and agreed to. H.R. 391: Mr. BROUN of Georgia. H.R. 1624: Mr. LATTA. considered and agreed to. H.R. 444: Mr. GORDON of Tennessee. H.R. 1625: Mr. LEE of New York, Ms. By Mr. BRADY of Pennsylvania (for H.R. 509: Mr. SESTAK. HIRONO, Ms. WASSERMAN SCHULTZ, and Mr. himself and Mr. DANIEL E. LUNGREN H.R. 510: Mr. BRIGHT and Mr. BROWN of CHAFFETZ. of California): South Carolina. H.R. 1640: Mr. STARK, Mr. POLIS and Mr. H. Res. 304. A resolution electing Members H.R. 557: Mr. BONNER and Mr. SCALISE. HONDA. to the Joint Committee on Printing and the H.R. 564: Mr. DICKS and Ms. VELA´ ZQUEZ. H.R. 1670: Mr. KENNEDY, Mr. PATRICK J. Joint Committee of Congress on the Library; H.R. 574: Mr. PITTS and Mr. PAUL. MURPHY of Pennsylvania, Mr. GERLACH, and considered and agreed to. considered and H.R. 673: Mr. KING of New York and Mr. Mr. MASSA. agreed to. HUNTER. H.R. 1705: Ms. SCHAKOWSKY, Mr. ELLISON, By Mr. HASTINGS of Florida (for him- H.R. 676: Mr. TOWNS. Mr. TIERNEY, Mr. GEORGE MILLER of Cali- self, Ms. ROS-LEHTINEN, Mr. FRANK of H.R. 678: Mr. ISSA, Mr. MORAN of Virginia, fornia, and Mr. WELCH. Massachusetts, Mrs. CHRISTENSEN, and Mr. CONNOLLY of Virginia. H.R. 1708: Mr. ABERCROMBIE, Ms. KIL- Mr. CONYERS, Mr. MEEKS of New H.R. 690: Mr. SESSIONS. PATRICK of Michigan, Ms. BALDWIN, Mr. York, Mr. POLIS of Colorado, Ms. H.R. 731: Mr. MARSHALL. KAGEN, Mr. TIERNEY, Mr. VAN HOLLEN, Mr. WATSON, Mrs. CAPPS, Ms. BALDWIN, H.R. 745: Mr. SNYDER. YARMUTH, Mr. CASTLE, Mr. MURPHY of Con- Ms. MOORE of Wisconsin, Ms. H.R. 775: Mrs. EMERSON, Mr. CANTOR, Mr. necticut, Mr. PLATTS, Mr. BOUCHER, Mr. SCHAKOWSKY, Ms. CORRINE BROWN of BISHOP of Utah, Mr. POLIS, Mr. WEXLER, Mr. BRALEY of Iowa, Mr. ENGEL, and Mr. FRANK Florida, and Ms. LEE of California): ETHERIDGE, and Mr. HEINRICH. of Massachusetts. H. Res. 308. A resolution honoring the life, H.R. 847: Mr. CONYERS. H.R. 1712: Mr. CHAFFETZ and Mr. LAMBORN. legacy, and memory of Pedro Pablo Zamora H.R. 873: Mr. FRANK of Massachusetts. H.R. 1717: Mrs. MYRICK and Mr. OLSON. y Diaz, an extraordinary educator and activ- H.R. 879: Mr. THORNBERRY. H.R. 1740: Mr. MCGOVERN, Mr. MCHENRY, ist, and a pioneer in the battle against the H.R. 919: Mr. FILNER and Mr. KAGEN. Mr. LARSEN of Washington, Mr. ADLER of HIV/AIDS epidemic; to the Committee on H.R. 949: Ms. BERKLEY. New Jersey, Mr. HOLDEN, and Mr. CARDOZA. Energy and Commerce. H.R. 982: Mr. BUYER, Ms. FALLIN, Mr. H.R. 1751: Mrs. CAPPS, Mr. GRIJALVA, Mr. ´ By Mr. KING of New York (for himself, MORAN of Kansas, Mr. MARIO DIAZ-BALART of HINOJOSA, Ms. LINDA T. SANCHEZ of Cali- Mr. MEEKS of New York, Ms. ROS- Florida, and Mr. SMITH of New Jersey. fornia, Mr. FARR, Mr. GONZALEZ, Mr. ACKER- ´ LEHTINEN, Ms. BORDALLO, Mr. BURTON H.R. 1016: Mr. LUJAN, Mr. TIAHRT, Mr. MAN, Mr. CAPUANO, Mr. ENGEL, Mr. FILNER, of Indiana, Mr. TOWNS, Mr. GARRETT CONNOLLY of Virginia, Mr. PETERS, and Mr. and Mrs. MCCARTHY of New York. of New Jersey, Mr. COURTNEY, and SCHAUER. H.R. 1760: Mr. CARNAHAN and Ms. MCCOL- Ms. WATSON): H.R. 1029: Mr. CHAFFETZ. LUM. H. Res. 309. A resolution expressing the H.R. 1050: Ms. JENKINS. H.R. 1770: Mr. GERLACH. H.R. 1151: Mr. SIRES. H.R. 1786: Mr. ROGERS of Michigan. sense of the House of Representatives that ´ North Korea should immediately stop any H.R. 1152: Mr. SIRES. H.R. 1788: Ms. LINDA T. SANCHEZ of Cali- hostile rhetoric and activity towards the Re- H.R. 1153: Mr. SIRES. fornia. H. Con. Res. 28: Ms. GIFFORDS. public of Korea and engage in mutual dia- H.R. 1154: Mr. SIRES. H. Con. Res. 50: Mr. CLAY. logue to enhance inter-Korean relations; to H.R. 1157: Mr. ROTHMAN of New Jersey. H. Con. Res. 78: Mr. SOUDER, Mr. CONAWAY, the Committee on Foreign Affairs. H.R. 1158: Mr. HARE. H.R. 1182: Mr. BURGESS, Mrs. MCMORRIS and Mr. WESTMORELAND. By Mr. SHULER (for himself, Mr. RODGERS, Ms. BORDALLO, Mr. MOORE of Kan- H. Con. Res. 81: Mr. BERMAN, Mr. ISSA, Mr. BUTTERFIELD, Mr. COBLE, Mr. sas, Mr. WILSON of South Carolina, Mr. BACH- FLAKE, Mr. ROTHMAN of New Jersey, Mrs. ETHERIDGE, Ms. FOXX, Mr. JONES, Mr. US, Mr. ALTMIRE, Mr. LATTA, Mr. SPRATT, EMERSON, Mr. YOUNG of Alaska, Mr. GRAVES, KISSELL, Mr. MCHENRY, Mr. MCIN- and Mr. GOODLATTE. Mr. DELAHUNT, Mr. KUCINICH, Mr. GINGREY of TYRE, Mr. MILLER of North Carolina, H.R. 1189: Mr. WALDEN, Mr. WITTMAN, and Georgia, Mr. YOUNG of Florida, Mr. FRELING- Mrs. MYRICK, Mr. PRICE of North Mr. FRANK of Massachusetts. HUYSEN, Mr. OBEY, Mr. PETRI, Mr. ANDREWS, Carolina, and Mr. WATT): H.R. 1196: Mr. CONNOLLY of Virginia. Mr. CAPUANO, Mr. ROHRABACHER, Mr. SKEL- H. Res. 310. A resolution honoring the life H.R. 1204: Mr. THORNBERRY. TON, Mr. MINNICK, Mr. MORAN of Virginia, of Coach Kay Yow in remembrance of her H.R. 1206: Mr. TIAHRT. Mrs. MALONEY, Mr. DEFAZIO, Mr. BARROW, passing, and recognizing her dedication to H.R. 1207: Mr. CARTER. Mr. KILDEE, Mr. KAGEN, Mr. HONDA, Mr. the sport of basketball, her commitment to H.R. 1208: Mr. SHADEGG, Mr. SESSIONS, and HASTINGS of Florida, Mr. SPRATT, Mr. DIN- women and women’s health, and her con- Mr. YOUNG of Florida. GELL, and Mr. HILL. tributions to the State of North Carolina; to H.R. 1209: Mr. DEAL of Georgia, Mr. H. Con. Res. 83: Mrs. KIRKPATRICK of Ari- the Committee on Education and Labor. PAULSEN, and Mr. TIBERI. zona. By Ms. WATSON (for herself, Mr. H.R. 1210: Mr. ROGERS of Alabama. H. Res. 20: Mr. PITTS. MICHAUD, Ms. BORDALLO, Ms. LORET- H.R. 1211: Mr. GORDON of Tennessee and Mr. H. Res. 22: Mr. WHITFIELD. TA SANCHEZ of California, Ms. MAT- FILNER. H. Res. 42: Mr. LANCE, Mr. NEUGEBAUER, SUI, Mr. CAO, Mrs. MCMORRIS ROD- H.R. 1214: Mr. COSTA, Mr. STARK, Mr. WALZ, Mr. BUYER, Mr. FRANKS of Arizona, and Mr. GERS, Ms. KILPATRICK of Michigan, Mr. POLIS of Colorado, and Ms. KILPATRICK of MCCAUL. Ms. JACKSON-LEE of Texas, Mr. STU- Michigan. H. Res. 191: Mr. MCNERNEY, Ms. BORDALLO, PAK, and Mr. BISHOP of Georgia): H.R. 1220: Mr. COLE, Mr. SMITH of Ne- and Mr. FRANK of Massachusetts. H. Res. 311. A resolution expressing the braska, Mr. SULLIVAN, Mr. WESTMORELAND, H. Res. 230: Mr. SIRES, Ms. EDDIE BERNICE support of the House of Representatives for Mr. ROSS, and Mr. PLATTS. JOHNSON of Texas, and Mr. BURTON of Indi- the goals and ideals of Red Cross Month; to H.R. 1261: Mr. TURNER, and Ms. GRANGER. ana. the Committee on Foreign Affairs. H.R. 1277: Mr. BOEHNER, and Mr. ADERHOLT. H. Res. 236: Mr. PAYNE and Mr. ROSKAM. f H.R. 1302: Ms. TITUS. H. Res. 260: Mr. SERRANO, Mr. CONYERS, Mr. H.R. 1330: Mr. BISHOP of Georgia. MOORE of Kansas, and Mr. YARMUTH. ADDITIONAL SPONSORS H.R. 1382: Mr. ABERCROMBIE. H. Res. 267: Mr. CARSON of Indiana. Under clause 7 of rule XII, sponsors H.R. 1386: Mr. BILBRAY. H. Res. 290: Mr. GARY G. MILLER of Cali- fornia. were added to public bills and resolu- H.R. 1425: Mr. MEEKS of New York and Mr. ROSKAM. H. Res. 301: Mr. CLEAVER, Mr. AL GREEN of tions as follows: H.R. 1428: Mr. Luja´ n and Mr. RODRIGUEZ. Texas, Mr. HASTINGS of Florida, Mr. TOWNS, H.R. 22: Mr. DELAHUNT and Mr. BISHOP of H.R. 1449: Mr. KISSELL. Mr. MORAN of Virginia, Mr. TIERNEY, Mr. Georgia. H.R. 1454: Mr. SABLAN. SNYDER, Mr. JACKSON of Illinois, Ms. H.R. 23: Ms. SUTTON, Mr. KANJORSKI, Ms. H.R. 1519: Ms. FOXX. DELAURO, Mrs. MALONEY, Mr. PAYNE, Mr. BERKLEY, Mr. YOUNG of Alaska, Mr. GUTIER- H.R. 1521: Mr. CARTER, Mr. SESSIONS, Mr. RUSH, Mr. CLYBURN, Mr. OLVER, Mr. LEVIN, REZ, Mr. ROHRABACHER, Ms. SHEA-PORTER, MCCAUL, Mr. MCMAHON, Mr. PALLONE, Mrs. Mr. SCOTT of Virginia, Mr. ROSS, Mr. and Mrs. MALONEY. BACHMANN, and Mr. UPTON. SERRANO, Ms. MOORE of Wisconsin, Ms. CAS- H.R. 179: Mr. COHEN. H.R. 1547: Mr. COURTNEY and Mr. SESTAK. TOR of Florida, Mr. BLUMENAUER, Mr. SCHIFF, H.R. 182: Mr. ACKERMAN. H.R. 1549: Mr. CUMMINGS. Mr. FRANK of Massachusetts, Mr. WELCH, Mr.

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KIRK, Ms. DEGETTE, Mr. OBERSTAR, Mr. POM- of Texas, Mr. EDWARDS of Texas, and Mrs. The amendment to be offered by Rep- EROY, Mrs. CAPPS, Ms. MATSUI, Mr. HOYER, NAPOLITANO. resentative FRANK of Massachusetts, or a Mr. COOPER, Ms. BALDWIN, Mr. Perriello, Mr. f designee, to H.R. 1664, to amend the execu- CARSON of Indiana, Ms. FUDGE, Ms. CLARKE, tive compensation provisions of the Emer- Ms. WATSON, Mr. JOHNSON of Georgia, Mr. CONGRESSIONAL EARMARKS, LIM- gency Economic Stabilization Act of 2008 to BECERRA, Ms. ROYBAL-ALLARD, Ms. LEE of ITED TAX BENEFITS, OR LIM- prohibit unreasonable and excessive com- California, Ms. CORRINE BROWN of Florida, ITED TARIFF BENEFITS Mr. LEWIS of Georgia, Mr. MEEK of Florida, pensation and compensation not based on Mr. FATTAH, Mr. WEXLER, Mr. DELAHUNT, Mr. Under clause 9 of rule XXI, lists or performance standards, does not contain any ROTHMAN of New Jersey, Mr. ELLISON, Ms. statements on congressional earmarks, congressional earmarks, limited tax bene- EDWARDS of Maryland, Ms. RICHARDSON, Mr. limited tax benefits, or limited tariff fits, or limited tariff benefits as defined in DAVIS of Illinois, Mr. CLAY, Ms. JACKSON-LEE benefits were submitted as follows: clause 9(d), 9(e), or 9(f) of rule XXI.

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