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

Vol. 155 WASHINGTON, MONDAY, JUNE 15, 2009 No. 89 House of Representatives The House met at 12:30 p.m. and was prices go up or when energy prices go in a cave, not to understand that we called to order by the Speaker pro tem- down, it has an immediate impact on have a terrible economic problem in pore (Ms. EDWARDS of Maryland). the economy. The strange thing is that , a terrible problem with our f as we look at an energy policy that’s budget, terrible deficits. And one of the going to be presented to us by way of a ways that we could achieve some sort DESIGNATION OF SPEAKER PRO bill from the majority shortly, there of stability with our budget in Cali- TEMPORE appears to be a lack of appreciation for fornia, our State budget, would be to The SPEAKER pro tempore laid be- changes in energy policy and their im- allow offshore drilling and take those fore the House the following commu- pact on our economy. There seems to royalties that would come to the State nication from the Speaker: be some sort of question as to whether as a result of having that offshore drill- WASHINGTON, DC, or not we ought to exercise our respon- ing, bringing those moneys into the June 15, 2009. sibilities to utilize those energy State Treasury. I hereby appoint the Honorable DONNA F. sources that are most abundant in We would do two things. We would EDWARDS to act as Speaker pro tempore on these United States. help increase the security of this Na- this day. Coal appears to be one of those tion with respect to energy on the one NANCY PELOSI, things that we’re going to wrap up, hand because this would be U.S. energy Speaker of the House of Representatives. close up, put on the shelf, not allow production; and secondly, we would f ourselves to use it. Rather than a real have royalties going to the State of MORNING-HOUR DEBATE effort for clean coal energy, there ap- California in the billions of dollars, pears to be an effort to try and demon- helping take off some of the pressure The SPEAKER pro tempore. Pursu- ize coal and not allow it to be utilized. that we have currently as to which ant to the order of the House of Janu- That makes about as much sense as services we’re going to cut. Classroom ary 6, 2009, the Chair will now recog- Saudi Arabia making an announcement size is going up in the State of Cali- nize Members from lists submitted by tomorrow that they’re going to close fornia. There are the suggestions that the majority and minority leaders for off all of their production of petroleum. a lot of services will be cut, some se- morning-hour debate. Why do I say it makes about as much verely, and yet we continue to turn a The Chair will alternate recognition sense? Because we are the Saudi Arabia blind eye to the possibility of environ- between the parties, with each party of coal. mentally safe extraction of petroleum limited to 30 minutes and each Mem- Similarly, with tar sands, shale oil, products offshore. ber, other than the majority and mi- those sorts of things that we have in As one who basically was born just a nority leaders and the minority whip, abundance in North America, we ap- stone’s throw from the ocean, who limited to 5 minutes. pear to be saying we ought not to take lived the first half of my life—actually, f a look at those. more than that—the first 42 years as a THE ECONOMY AND ENERGY Similarly, we have abundant sources resident of Long Beach, California, as of petroleum offshore: offshore my someone who enjoys the beauty of my The SPEAKER pro tempore. The State of California, offshore some of home State and the beauty of the Chair recognizes the gentleman from our other States in this Union. And yet coastline, I also understand that Amer- California (Mr. DANIEL E. LUNGREN) for we have a policy which basically says ican technology, American ingenuity, 5 minutes. we ought not to utilize American tech- American creativity that’s applied Mr. DANIEL E. LUNGREN of Cali- nology, which has been utilized around elsewhere in the world can be applied fornia. Madam Speaker, among the the world, to safely extract petroleum. here in the United States to produce most important issues facing us today If you look at my State in California, energy. are the twin issues of the economy and you go to Santa Barbara, you will see Why will we have an energy policy energy. And unfortunately, in this historically there have been leaks from brought forward on this floor that ig- body and across the other Chamber, we the bottom of the ocean there because nores some of the most abundant often discuss those two issues sepa- of the pressure, because of the petro- sources of energy for this Nation rately, as if they had no connection leum that lies under the ocean floor. makes no sense to me. Surely I support with one another; and yet they have a We can actually take some of that the alternative sources of energy, wind very, very important link with one an- pressure off by drilling and producing and solar; the traditional ones of hy- other. there. droelectric, thermal power. But we When the economy is down, it has an Lastly, I would say someone would cannot forget the abundance of natural impact on the energy, and when energy have to be a hermit somewhere, stuck resources we have in this country.

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 02:14 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.000 H15JNPT1 erowe on PROD1PC64 with HOUSE H6748 CONGRESSIONAL RECORD — HOUSE June 15, 2009 RECESS and across the country. Unfortunately, that they want those who currently The SPEAKER pro tempore. Pursu- the plan Democrats have in store for like their health care plans to keep ant to clause 12(a) of rule I, the Chair the American people will do little to them. Then they publicly endorse a declares the House in recess until 2 improve our health care situation. In government-run health care insurance p.m. today. fact, it will make the problem worse. plan that would crowd out and elimi- Accordingly (at 12 o’clock and 37 When Democrats talk about health nate the private insurance plans mil- minutes p.m.), the House stood in re- care reform, what they really mean is lions of Americans currently enjoy. cess until 2 p.m. a government takeover of health care. They cannot have it both ways. With few details available, some re- The Democrat big government pro- f ports suggest the plan for this govern- posals claim to increase access and af- b 1400 ment takeover will cost upwards of $1.2 fordability by letting government de- trillion. As Robert Samuelson noted in termine what will and will not be paid AFTER RECESS today’s Washington Post, all of this for. As the only game in town, a gov- The recess having expired, the House new Federal spending still will not fix ernment insurance plan would be the was called to order by the Speaker pro the ‘‘crux of our health care dilemma.’’ sole provider and decider of the quality tempore (Mr. CARNAHAN) at 2 p.m. The American people deserve a plan of health care available. Conversely, f that makes health care more afford- Republicans have long argued that able and accessible to all and that al- health care reform should focus on ex- PRAYER lows those who like their current panding access so more Americans can The Chaplain, the Reverend Daniel P. health care coverage to keep it. afford a higher quality of care. Coughlin, offered the following prayer: While Democrats support raising We should be focused on empowering As people of faith, we often pray to taxes and rationing care, Republicans more individuals and families to afford You, Lord God Almighty, out of a sense support health care reform that con- the level of care they want. If Congress of need. trols spending and that ensures pa- chooses to empower the government Aware of our personal limitations tients and doctors make health care and itself in crafting a new govern- physically and emotionally, each of us decisions, not a bunch of bureaucrats ment-run insurance plan, it will di- cries out in frustration to You as our in Washington. rectly undermine the doctor-patient refuge and as healer. Prayer helps us, f relationship that is the foundation of whether we are leaders or just ordinary quality American health care. RECOGNIZING THIS WEEK AS Americans, to live our lives with great- In conclusion, God bless our troops, HIGH-PERFORMANCE BUILDING er integrity and meet our daily respon- and we will never forget September the WEEK sibilities. 11th and the global war on terrorism. Sometimes we are more conscious of (Mr. CARNAHAN asked and was f our common needs. It is then prayer given permission to address the House helps us identify with one another, feel for 1 minute.) HONORING THE SERVICE OF FAY- compassion toward others in need and Mr. CARNAHAN. Mr. Speaker, last ETTEVILLE SUPERINTENDENT, pray for them. We all desire peace of week, the House passed House Resolu- MR. BOBBY NEW heart, health, and wisdom, as well as tion 492, recognizing this week as High- (Mr. BOOZMAN asked and was given prudence, to make the right decisions Performance Building Week. The reso- permission to address the House for 1 needed each day whether we are in pub- lution aims to provide greater public minute and to revise and extend his re- lic service or work in the private sec- awareness about the benefits of high- marks.) tor. performance buildings, and it works to Mr. BOOZMAN. Mr. Speaker, I rise In all cases, through prayer, Lord, increase education about the impact today to honor Mr. Bobby New, who You help us to see ourselves more hon- buildings have on our environment. has devoted his life to the education of estly and suspend judgment of others Each year, our homes, offices, our youth. Mr. New is retiring from 35 so we can work together and more free- schools, and other buildings consume years of public education, 13 of which ly give You the glory. 70 percent of our electricity, 60 percent were as the superintendent of the Fay- Amen. of all raw materials, and they emit 40 etteville School District. f percent of all CO2 emissions in the U.S. During his time as superintendent, By designing and building high-per- he provided the school district with the THE JOURNAL formance buildings, we reduce energy ideas and the innovation required for a The SPEAKER pro tempore. The consumption and our carbon footprint. growing area, including updating the Chair has examined the Journal of the We save both water and raw materials. grading structure and increasing tech- last day’s proceedings and announces We save demolition and construction nology throughout the district. to the House his approval thereof. debris from going into landfills. Most We are blessed to have educational Pursuant to clause 1, rule I, the Jour- importantly, high-performance build- professionals like Mr. New. I commend nal stands approved. ing construction creates good-paying him for his service as a superintendent f jobs that give workers the valuable of the Fayetteville Public Schools, for skills they need to excel in a clean en- his passion in educating our youth and PLEDGE OF ALLEGIANCE ergy economy. for his commitment to improving our The SPEAKER pro tempore. Will the It is my hope that Members will use schools. I wish him success in his fu- gentlewoman from North Carolina (Ms. this week to highlight the importance ture endeavors. FOXX) come forward and lead the House that buildings have on our environ- Today, I ask my colleagues to join in the Pledge of Allegiance. ment and for Congress to continue to me in honoring Mr. New, an educator Ms. FOXX led the Pledge of Alle- support future research, development and friend whose continued devotion to giance as follows: and the deployment of high-perform- the Third District of Arkansas has not I pledge allegiance to the Flag of the ance building technologies. gone unnoticed and will never be for- United States of America, and to the Repub- f gotten. lic for which it stands, one nation under God, f indivisible, with liberty and justice for all. EMPOWER PATIENTS, NOT GOVERNMENT ANNOUNCEMENT BY THE SPEAKER f (Mr. WILSON of South Carolina PRO TEMPORE HEALTH CARE asked and was given permission to ad- The SPEAKER pro tempore (Mr. (Ms. FOXX asked and was given per- dress the House for 1 minute and to re- CUELLAR). Pursuant to clause 8 of rule mission to address the House for 1 vise and extend his remarks.) XX, the Chair will postpone further minute.) Mr. WILSON of South Carolina. Mr. proceedings today on motions to sus- Ms. FOXX. Mr. Speaker, the health Speaker, President Obama and his pend the rules on which a recorded vote care debate has begun in Washington Democrat allies in Congress have said on the yeas and nays are ordered, or on

VerDate Nov 24 2008 02:14 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.002 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6749 which the vote incurs objection under Mr. Speaker, I rise in strong support forts, it is necessary that we provide clause 6 of rule XX. of Senate bill 615, legislation that pro- all of our inspectors general operating Record votes on postponed questions vides critical personnel authority for in Afghanistan the authorities and re- will be taken after 6:30 p.m. today. the Special Inspector General for Af- sources necessary to mitigate fraud, f ghanistan, known as SIGAR. waste, and abuse in these programs. PROVIDING ADDITIONAL AUTHORI- Since 2001, the United States has de- However, the Office of the Special In- TIES TO SPECIAL INSPECTOR voted $32 billion in humanitarian and spector General for Afghanistan Recon- GENERAL FOR AFGHANISTAN reconstruction assistance to Afghani- struction, or SIGAR, currently lacks RECONSTRUCTION stan. In an effort to combat waste, such authorities and resources. fraud and abuse with regard to the ex- Despite its establishment nearly 1 Mr. FALEOMAVAEGA. Mr. Speaker, penditure of these funds, Congress cre- year ago, SIGAR officials have report- I move to suspend the rules and pass ated the Special Inspector General for edly had difficulty hiring individuals the Senate bill (S. 615) to provide addi- Afghanistan Reconstruction, com- for this unique and challenging assign- tional personnel authorities for the monly known as SIGAR, in the Na- ment, and the staffing shortfall has Special Inspector General for Afghani- tional Defense Authorization Act of contributed to the lack of an inde- stan Reconstruction. 2008. pendent audit or investigation by the The Clerk read the title of the Senate That legislation empowers SIGAR to office thus far. bill. conduct audits, inspections, and inves- The text of the Senate bill is as fol- This legislation would amend the Na- tigations of all U.S. assistance pro- lows: tional Defense Authorization Act for grams in Afghanistan. Congress in- S. 615 fiscal year 2008 to provide to SIGAR tended that SIGAR would exercise its Be it enacted by the Senate and House of Rep- personnel authorities similar to those resentatives of the United States of America in authority swiftly. It came into exist- given to the Special Inspector General Congress assembled, ence in July of 2008 with an authoriza- for Iraq Reconstruction. The legisla- SECTION 1. ADDITIONAL PERSONNEL AUTHORI- tion to hire 18 auditors, 13 inspectors tion would expedite the standard hiring TIES FOR THE SPECIAL INSPECTOR and 3 investigators; but from the begin- process for civil service provisions by GENERAL FOR AFGHANISTAN RE- ning, SIGAR has been hindered by cer- permitting SIGAR to use employment CONSTRUCTION. tain limitations contained in standard Section 1229(h) of the National Defense Au- authorities granted to heads of tem- thorization Act for Fiscal Year 2008 (Public Federal Government personnel authori- porary organizations. Such authorities Law 110–181; 122 Stat. 381) is amended by ties and by the difficulty of attracting allow organizations to hire staff for striking paragraph (1) and inserting the fol- qualified candidates to work in the dif- limited terms, notwithstanding the re- lowing: ficult security environment of Afghani- quirements normally applicable to ‘‘(1) PERSONNEL.— stan. A year after its creation, SIGAR civil service positions. ‘‘(A) IN GENERAL.—The Inspector General has conducted only one independent This legislation is intended to help may select, appoint, and employ such offi- audit and has only hired nine auditors, the SIGAR quickly hire experienced, cers and employees as may be necessary for five inspectors and three investigators. carrying out the duties of the Inspector Gen- well-qualified employees to conduct eral, subject to the provisions of title 5, This resolution would help resolve necessary oversight of reconstruction United States Code, governing appointments this problem by granting SIGAR a spe- efforts in Afghanistan. Employees in the competitive service, and the provi- cial hiring authority under 5 U.S.C., hired under this new authority could sions of chapter 51 and subchapter III of section 3161. Section 3161 would allow serve until the termination of the chapter 53 of such title, relating to classi- SIGAR a more flexible, excepted serv- SIGAR office. fication and General Schedule pay rates. ice authority and would empower the I strongly urge my colleagues to sup- ‘‘(B) ADDITIONAL AUTHORITIES.— office to select, appoint, and employ port this legislation which gives the ‘‘(i) IN GENERAL.—Subject to clause (ii), the the necessary staff to fulfill its duties. Inspector General may exercise the authori- SIGAR additional hiring authorities to ties of subsections (b) through (i) of section In particular, section 3161 would grant facilitate his ability to quickly hire ex- 3161 of title 5, United States Code (without return rights to Federal employees, perienced, well-qualified employees to regard to subsection (a) of that section). provide interagency detail authority fill critical positions. ‘‘(ii) PERIODS OF APPOINTMENTS.—In exer- and permit the setting of pay rates I reserve the balance of my time. cising the employment authorities under above the caps established by GS–15, Mr. FALEOMAVAEGA. Mr. Speaker, subsection (b) of section 3161 of title 5, step 10, under which SIGAR is cur- United States Code, as provided under clause I yield myself such time as I may con- rently required to operate. sume. (i) of this subparagraph— This has proven to be a vital asset for ‘‘(I) paragraph (2) of that subsection (relat- I thank my good friend, the gen- SIGAR’s counterpart in Iraq, SIGIR, ing to periods of appointments) shall not tleman from , for his comments which has long relied upon this en- apply; and in support of this legislation. And I do hanced hiring authority to attract its ‘‘(II) no period of appointment may exceed also want to thank the gentlelady, the the date on which the Office of the Special dedicated core of professional staff. good Senator from Maine, Senator COL- Inspector General for Afghanistan Recon- After conducting an in-depth review, LINS, for her authorship to this bill. struction terminates under subsection (o).’’. the Department of Defense and the Of- Thirty-two billion dollars is no pennies The SPEAKER pro tempore. Pursu- fice of Personnel Management have certainly to be given some sense of re- ant to the rule, the gentleman from concluded that the proposed legislation sponsibility in knowing where the American Samoa (Mr. FALEOMAVAEGA) is necessary to allow SIGAR to meet American taxpayers’ money has gone and the gentleman from Florida (Mr. its responsibilities. in terms of the appropriations and the BILIRAKIS) each will control 20 min- b 1415 funding that we’ve given to Afghani- utes. The Chair recognizes the gentleman This bill represents a vital step in al- stan and as well as to any other coun- from American Samoa. lowing SIGAR to fulfill its critical du- try, for that matter. So again, I really commend the gen- GENERAL LEAVE ties of the oversight of U.S. assistance Mr. FALEOMAVAEGA. Mr. Speaker, programs in Afghanistan. I support the tlelady, the good Senator from Maine, I ask unanimous consent that all Mem- bill and urge my colleagues to support Senator COLLINS, for her authorship of bers may have 5 legislative days to re- it as well. this bill, and I thank my good friend vise and extend their remarks and to I reserve the balance of my time. from Florida also in helping us manage include extraneous material on the bill Mr. BILIRAKIS. I yield myself as this bill on the floor. under consideration. much time as I may consume. Ms. JACKSON-LEE of Texas. Mr. Speaker, The SPEAKER pro tempore. Is there Mr. Speaker, I rise in strong support I would like to thank you for your leadership in objection to the request of the gen- of this legislation. The United States bringing this legislation to the floor today. I tleman from American Samoa? has committed over $30 billion in as- want to also thank Senator COLLINS for intro- There was no objection. sistance to Afghanistan since 2001, and ducing this legislation in the Senate. Mr. FALEOMAVAEGA. I yield my- with the President’s stated intention Mr. Speaker, I stand here today to support self such time as I may consume. to increase the size and scope of our ef- Amending the National Defense Authorization

VerDate Nov 24 2008 02:14 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 9920 E:\CR\FM\K15JN7.004 H15JNPT1 erowe on PROD1PC64 with HOUSE H6750 CONGRESSIONAL RECORD — HOUSE June 15, 2009 Act for Fiscal Year 2008 to authorize the Spe- The text of the resolution is as fol- clude extraneous material in the reso- cial Inspector General for Afghanistan Recon- lows: lution under consideration. struction (SIGAR) to exercise certain employ- H. RES. 430 The SPEAKER pro tempore. Is there ment and employment-related authorities cur- Whereas, in the early morning hours of objection to the request of the gen- rently permitted for the heads of temporary or- April 6, 2009, a 6.3 magnitude earthquake tleman from American Samoa? ganizations established by law or executive struck the Abruzzo region of central Italy, There was no objection. order. killing over 250 people, damaging or destroy- Mr. FALEOMAVAEGA. Mr. Speaker, As a member of the Homeland Security ing up to 15,000 buildings, and leaving tens of I yield myself as much time as I may Committee, and Co-Chair of the US-Afghan thousands homeless; consume. Whereas the epicenter of the quake was the Mr. Speaker, I rise in strong support Caucus, I am deeply concerned about this town of L’Aquila, located 60 miles northeast matter and want to ensure that the Inspector of this resolution which expresses con- of Rome, and massive destruction was re- dolences to the citizens and the Gov- General’s staffing needs are fulfilled in order ported in 26 surrounding cities, towns, and ernment of Italy in the aftermath of for him to successfully carry out the respon- villages; the devastating earthquake in the sibilities of his position. In order to be suc- Whereas rescue workers, who heroically Abruzzo region. cessful in Afghanistan and defeat the insur- pulled over 100 survivors from the rubble, continued to find survivors amongst the Mr. Speaker, I wish to thank my gents, we must make sure that we have a fully good friend and my colleague, Mr. staffed SIGAR who is able to complete the du- wreckage days after the quake struck; Whereas strong aftershocks continued to PASCRELL from the great State of New ties of his position in a timely and accurate rock the region and created hazardous condi- Jersey, for introducing this important manner. The security of our troops and the tions for residents and rescue workers; resolution that allows the House to add success of our mission in Afghanistan de- Whereas this was Italy’s deadliest quake its voice to the international out- pends upon it. since 1980; pouring of sympathy for the Italian Since 2001, the U.S. has provided approxi- Whereas the earthquake damaged cen- people in the wake of this natural dis- mately $32 billion in humanitarian and recon- turies old landmarks including churches and castles; aster. struction assistance to Afghanistan. In addi- On April 6, the Abruzzo region of cen- tion, the international community has provided Whereas humanitarian aid agencies in the United States and around the world mobi- tral Italy was struck by a 6.3 mag- a further $25.3 billion for the rebuilding of Af- lized to provide much needed assistance to nitude on the Richter scale earth- ghanistan. Since its inception in 2001, the the relief and recovery efforts; quake. Nearly 300 people were killed SIGAR’s mission has been to enhance over- Whereas President ex- while tens of thousands were left home- sight of programs for the reconstruction of Af- pressed his condolences, and those of the less. In addition to the terrible loss of ghanistan by conducting independent and ob- people of the United States, to families that life and livelihood, the earthquake jective audits, inspections, and investigations have lost loved ones and assured Italian damaged nearly 15,000 buildings, in- Prime Minister Berlusconi that the United on the use of taxpayer dollars and related cluding hundreds of churches, castles, funds by keeping the Congress, as well as the States stood ready to help Italy at this time of need; and and heritage sites. Secretaries of State and Defense, currently in- Whereas Prime Minister Berlusconi said The U.S. Embassy in Rome imme- formed of reconstruction progress and weak- that Italy would accept the support offered diately provided $50,000 in emergency nesses. by President Obama and would devote it to relief funding while President Obama Amending this defense bill reflects our com- preserving the region’s cultural and artistic expressed his condolences and offered mitment to support the men and women who heritage and educational institutions: Now, additional American assistance. Italian fight to secure not only our citizen’s freedom therefore, be it Prime Minister Berlusconi, the host of but the freedom of others. This bill will provide Resolved, That the House of Representa- the next G–8 meeting, has relocated the the necessary resources to protect the Amer- tives— (1) mourns the loss of life and expresses its July summit to the town of L’Aquila ican people and our national interests at home deepest condolences to the families of those that was at the center of the devasta- and abroad. With this extended personnel au- killed and injured in the earthquake; tion. As he explained, ‘‘The G–8 in thority, the SIGAR has now become a formi- (2) recognizes the deep ties between the L’Aquila represents the message of dable and compelling instrument to make United States and Italy and expresses con- hope for the entire region struck by oversight of reconstruction efforts in Afghani- tinued solidarity with the people of Italy the earthquake.’’ stan a reality. during this time of crisis; It is appropriate that the House Mr. BILIRAKIS. I yield back my (3) applauds the courageous response of pauses today, Mr. Speaker, as Prime time. Italian rescue workers; Minister Berlusconi is in Washington, Mr. FALEOMAVAEGA. I yield my (4) supports President Obama’s offer of United States assistance to Italy in response DC, to express its deepest condolences time. to this catastrophic event; to the families killed and injured in The SPEAKER pro tempore. The (5) urges the people of the United States to the earthquake. We also reaffirm the question is on the motion offered by generously support those humanitarian aid deep ties shared between our people the gentleman from American Samoa agencies working to assist the people of Italy and two countries. I strongly support (Mr. FALEOMAVAEGA) that the House in this time of need; this resolution, and I urge all of my suspend the rules and pass the Senate (6) commends the many United States or- colleagues to do likewise. bill, S. 615. ganizations, including the National Italian- I reserve the balance of my time. The question was taken; and (two- American Foundation, working to dem- Mr. BILIRAKIS. Mr. Speaker, I yield onstrate support and solidarity with the thirds being in the affirmative) the Italian people and raising funds to provide myself as much time as I may con- rules were suspended and the Senate needed help; and sume. bill was passed. (7) expresses gratitude to the people of the I rise today in support of this resolu- A motion to reconsider was laid on United States who have generously sup- tion which expresses our condolences the table. ported those humanitarian aid agencies and sympathy for the people of Italy f working to assist the people of Italy in this following the terrible loss of life which time of need. occurred in the central Abruzzo region EXPRESSING CONDOLENCES TO The SPEAKER pro tempore. Pursu- last April which was struck by a pow- ITALIAN EARTHQUAKE VICTIMS ant to the rule, the gentleman from erful earthquake. Tragically, the 6.3 Mr. FALEOMAVAEGA. Mr. Speaker, American Samoa (Mr. FALEOMAVAEGA) magnitude earthquake, which struck in I move to suspend the rules and agree and the gentleman from Florida (Mr. the early morning of April 6, killed to the resolution (H. Res. 430) express- BILIRAKIS) each will control 20 min- over 250 people. Tens of thousands ing condolences to the citizens of Italy utes. more were left homeless as their fam- and support for the Government of The Chair recognizes the gentleman ily properties were destroyed. Over Italy in the aftermath of the dev- from American Samoa. 15,000 buildings rich in culture and his- astating earthquake that struck the GENERAL LEAVE tory were obliterated in just moments Abruzzo region of central Italy, as Mr. FALEOMAVAEGA. Mr. Speaker, by the powerful shocks. amended. I ask unanimous consent that all Mem- I note that despite the danger from The Clerk read the title of the resolu- bers may have 5 legislative days to re- the strong aftershocks after the earth- tion. vise and extend their remarks and in- quake, heroic Italian rescue workers

VerDate Nov 24 2008 03:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.038 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6751 nevertheless entered the unstable region, deserve commendation. After quake as part of a U.S. delegation. I saw first- buildings at risk to themselves and traveling to Italy earlier this year, I hand the courage of the Italian people in the pulled hundreds of survivors to safety. can attest to the resiliency and the face of a similar tragedy. The world saw Italy Mr. Speaker, when we think of Italy, strength of the Italian people. And I re- emerge from this crisis stronger than before. our first thoughts are of the beauty, mind us again of the 2,350 troops that America is a land discovered by an Italian, the history, the culture, and especially fight alongside our brave men and named for an Italian, and built by millions of the warmth and kindness of its people. women in Afghanistan. Italian Americans. As a Nation, America also has a tre- It is trying times like these that The bond between the United States and mendous affinity for Italy since our allow us to recognize the deep and Italy is uniquely strong because of the vital country has been greatly enriched by binding ties between our nations, the role daughters and sons of Italy have played those Italian immigrants who came to United States of America and Italy. in the United States from its discovery to our shores, became part of our Amer- This tragedy only brings our two na- today. ican Nation, and contributed so much tions closer together. Today, we mourn those lost in Abruzzo and to our culture and economic pros- I would like to take this opportunity those struggling to rebuild their lives. And perity. And so in the wake of that im- to sincerely thank the many organiza- today, as in times of both crisis and calm, we mense disaster, Americans mourned in tions in the United States, including stand beside each other as allies and friends. sympathy with the people in Italy over the National Italian American Founda- Ms. JACKSON-LEE of Texas. Mr. Speaker, their tremendous loss and committed tion, NIAF, who are continuously I rise in strong support of H. Res. 430, ‘‘Ex- to stand with them as they work to re- working to raise funds to aid the re- pressing condolences to the citizens of Italy build and recover. building efforts in Abruzzo. The Italian and support for the Government of Italy in the I’m pleased to support this resolution American community’s support and aftermath of the devastating earthquake that which expresses our deepest condo- solidarity with the nation of Italy has struck the Abruzzo region of central Italy,’’ lences to the Italian people and note only increased in the aftermath of this which was introduced by my distinguished col- that with the support of American citi- natural disaster. league Representative PASCRELL. This legisla- zens, humanitarian organizations are I also want to commend the Italian tion is important to ensure that we remember continuing to provide assistance in the Ambassador, Giovanni Castellaneta, those who lost their lives in this tragic natural rebuilding of those cities that were af- for his leadership and commitment to disaster. fected by the earthquake. I urge my the Italian American community. On April 6, 2009, an earthquake with a colleagues to support passage of this I urge my colleagues to join me in magnitude of 6.3 shook central Italy, causing resolution. passing this resolution to offer our sin- serious damage in the mountainous Abruzzo I reserve the balance of my time. cere condolences to the nation of Italy region east of Rome. This is the worst earth- Mr. FALEOMAVAEGA. Mr. Speaker, for its tremendous loss as well as quake in Italy since a 6.9-magnitude earth- how much time do we have remaining? pledge our continued support to the quake struck Eboli, south of Naples, in 1980, The SPEAKER pro tempore. The gen- Italian Government. I will do so also killing more than 2,700 people. tleman has 181⁄2 minutes. this afternoon when I greet President The earthquake caused damage to between Mr. FALEOMAVAEGA. At this time, Berlusconi. 3,000 and 11,000 buildings, the majority of I yield all of the time that he may The G–8 summit is being held July 8, which are in the medieval city of L’Aquila and want to consume to my good friend and 9, and 10, and that has been moved to the surrounding villages. 297 people were colleague and the author of this legis- L’Aquila in the Abruzzo region to redi- killed by the earthquake, 20 of which were lation, the gentleman from New Jersey rect funding to that region to help with children, and approximately 1,000 people were (Mr. PASCRELL). the general reconstruction. Canada, injured. 66,000 people were made homeless. Mr. PASCRELL. Thank you, Mr. France, Germany, Japan, Russia, the Nearly 11,700 rescue workers provided emer- Chairman. United Kingdom, the United States, of gency relief. Mr. Speaker, just a short while ago I course, and our President, President Texas is no stranger to the effects of a nat- returned from Afghanistan. The fifth Obama, will be there with our Italian ural disaster. In 2008, Hurricane Ike, which largest contingency in NATO is from friends. was the third most destructive hurricane to Italy, so we have many reminders I urge the passage of this legislation. ever make landfall in the United States, through history and specifically now of I want to thank the chairman and the caused the deaths of 37 people while dozens what our relationship is between the Speaker. I want to thank the ranking are still missing. In Houston, eight deaths United States and Italy. So we rise to member for all of your courtesies. This have been blamed on Hurricane Ike. support this resolution, H. Res. 430, ex- is something we need to get involved Texas sustained major damage due to Hur- pressing our deepest sympathies to the in, to commend American organiza- ricane Ike: an estimated 100,000 homes were citizens of Italy. tions for reaching out to our brothers flooded; many trees were uprooted; bus stop This earthquake was devastating, and sisters. shelters were mangled; Houston’s theater dis- Mr. Speaker. It ruined a large part of Ms. PELOSI. Mr. Speaker, today the Con- trict was flooded; flights in and out of Hous- the Abruzzo part of Italy. The mag- gress expresses its deepest condolences for ton’s two major airports were suspended; most nitude of this earthquake is understood those who suffered because of the earthquake of Houston’s roads were clogged for nearly by many Americans. The university in Abruzzo in April, and the Congress ex- two weeks; and many residents remained town of L’Aquila, along with 26 other presses its strongest support for Italy as it re- without power for several weeks after the hur- surrounding cities, towns, and villages, builds from this crisis. ricane. As the representative from Houston, I suffered massive destruction. You al- Soon after this disaster struck, I called can truly sympathize with the Italian people ready have heard of how many people Prime Minister Berlusconi on behalf of my col- and express my sincere sympathy to every life were killed; 15,000 buildings destroyed. leagues in the Congress to express our deep- that was touched by this tragedy. They were historic. They were cultural est condolences to the families and loved Additionally, this legislation mourns the loss landmarks. Seventy thousand people ones of those lost. President Obama and of life and expresses condolences to the fami- were displaced. So we extend our deep- other leaders from around the world have of- lies of those killed and injured in the earth- est sympathies. The homes and church- fered assistance to those affected. Prime Min- quake that struck the Abruzzo region of Italy. es can be rebuilt, but we can never re- ister Berlusconi and the Italian government It also applauds the response of Italian rescue place loved ones. have the steadfast support of the American workers, recognizes the deep ties between the Despite the aftershocks that contin- people as they help the people of Abruzzo re- United States and Italy and expresses contin- ued to devastate the region for days build. ued solidarity with the people of Italy during after, rescue workers demonstrated As someone who can trace my family’s this time of crisis. true heroism by pulling over 100 sur- roots back to Venice, Genoa, Campobasso, Furthermore, this legislation supports Presi- vivors from the wreckage. Their ef- Sicily, and Abruzzo, I am personally com- dent Obama’s offer of U.S. assistance to Italy forts, along with those of humanitarian mitted to ensuring that the United States pro- in response to this event and expresses grati- aid organizations around the globe who vides all possible assistance. tude to the people of the United States who continue to work tirelessly to return In 1980, I had the opportunity to visit South- have supported those humanitarian aid agen- people to their homes and rebuild the ern Italy in the aftermath of another earth- cies working to assist the people of Italy in this

VerDate Nov 24 2008 02:14 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 9920 E:\CR\FM\K15JN7.008 H15JNPT1 erowe on PROD1PC64 with HOUSE H6752 CONGRESSIONAL RECORD — HOUSE June 15, 2009 time of need. The U.S. Embassy in Rome has liferation, are threatening peace and sta- Party Talks and resume its nuclear program, provided $50,000 in emergency relief funding bility in Northeast Asia and beyond; and subsequently expelled International and President Obama has pledged to devote Whereas the North Korean leadership con- Atomic Energy Agency inspectors at the tinues to pursue its nuclear ambitions while Yongbyon facility; resources to preserving the region’s cultural up to 2,000,000 North Koreans reportedly Whereas, on April 29, 2009, North Korea an- and artistic heritage. Additionally, as part of starved to death during the late 1990s and nounced that unless the United Nations Se- the U.S. effort to support the Italian people, hundreds of thousands fled North Korea in curity Council promptly apologize for in- the U.S. Department of State and the National search of freedom and food; fringing the sovereignty of North Korea, and Italian American Foundation (NIAF) formed a Whereas, on October 18, 2004, H.R. 4011, the withdraw resolutions and decisions adopted public-private partnership to respond to the North Korean Human Rights Act, became against North Korea, it would conduct nu- educational needs of the University of Public Law 108–333, bringing attention to the clear tests and test-firings of interconti- human rights conditions in North Korea and nental ballistic missiles, and build a light L’Aquila, and will strive to help the students to provide United States support for North water reactor plant and start the techno- and other human resource needs. The stu- Korean refugees; logical development for ensuring self-produc- dents are key to the future of the region, and Whereas, on October 9, 2006, North Korea tion of nuclear fuel; the University is the economic lifeblood of the detonated a nuclear explosive device prompt- Whereas, on May 25, 2009, North Korea an- city of L’Aquila. It is therefore vital to help this ing the United Nations Security Council to nounced that it has conducted a second nu- sector recover in this time of need. adopt military and economic sanctions clear test and in successive days, North The Abruzzo earthquake is a tragedy that against North Korea through Resolution Korea has launched six short-range missiles has affected lives all over the world, the least 1718; and threatened to abrogate the July 27, 1953, Whereas, on June 30, 2008, H.R. 2642, the armistice ending the Korean War; we can do as a Congress, and as a nation, is Supplemental Appropriations Act, became Whereas, on May 29, 2009, North Korea an- to recognize those involved in this tragedy and Public Law 110–252, granting the President nounced that it would ‘‘take additional self- those who are helping Italy to rebuild. We can- the authority to waive the Glenn Amend- defense measures’’ if the United Nations Se- not withhold this honor from those victims that ment sanctions in order to facilitate North curity Council takes any further actions perished in the tragedy. As honored Members Korea’s denuclearization process and to pro- against North Korea; of Congress, we have the opportunity to en- vide heavy fuel oil energy assistance to Whereas, on June 12, 2009, the United Na- sure that proper recognition is given to those North Korea in support of the Six-Party tions Security Council unanimously adopted Talks; Resolution 1874, which condemns North involved in the earthquake. Whereas, on October 7, 2008, the North Ko- Korea in the strongest terms, and imposes I firmly believe that we must pass this legis- rean Human Rights Reauthorization Act be- stronger sanctions on North Korea by intro- lation in order to demonstrate our support of came Public Law 110–346; ducing measures to conduct cargo inspec- those people who lost their lives and those Whereas, on October 11, 2008, North Korea tions, to restrict North Korea’s Weapons of people who lost their loved ones, and I urge was removed from the United States list of Mass Destruction-related financial trans- my colleagues to do the same. state sponsors of terrorism; actions, and to strengthen the arms embar- Mr. BILIRAKIS. I yield back the bal- Whereas, on October 15, 2008, the Naval go; and ance of my time. Vessel Transfer Act became Public Law 110– Whereas in face of serious security chal- Mr. FALEOMAVAEGA. Mr. Speaker, 429 and included provisions to upgrade the lenges on the Korean Peninsula, including Republic of Korea’s foreign military sales I also yield back the balance of my the recent North Korean hostilities towards status to that of ‘‘NATO plus three’’; the Republic of Korea, the alliance between time. Whereas, on January 30, 2009, North Korea the United States and the Republic of Korea The SPEAKER pro tempore. The announced that it would nullify all inter-Ko- remains resilient and firm, based on shared question is on the motion offered by rean agreements that are in pursuit of put- values, mutual trust, and common interests: the gentleman from American Samoa ting an end to the state of political and mili- Now, therefore, be it (Mr. FALEOMAVAEGA) that the House tary confrontations and abrogate the agree- Resolved, That it is the sense of the House suspend the rules and agree to the reso- ments on the Sea Demarcation Line, known of Representatives that— lution, H. Res. 430, as amended. as the ‘‘Northern Limit Line’’; (1) North Korea should immediately stop Whereas, on February 3, 2009, President The question was taken. any hostile rhetoric and activity towards the Barack Obama stated, in a call with the Re- Republic of Korea and engage in mutual dia- The SPEAKER pro tempore. In the public of Korea’s President Lee Myung-bak, logue to enhance inter-Korean relations; opinion of the Chair, two-thirds being that recent events underscore the need for (2) North Korea should fully implement the in the affirmative, the ayes have it. the United States and the Republic of Korea Six-Party joint statement of September 19, Mr. FALEOMAVAEGA. Mr. Speaker, to work together even more closely to 2005, verifiably abandon all of its nuclear on that I demand the yeas and nays. achieve complete and verifiable weapons and existing nuclear programs, and The yeas and nays were ordered. denuclearization of North Korea; return to the Non-Proliferation Treaty at an The SPEAKER pro tempore. Pursu- Whereas, on February 10, 2009, Secretary of early date; ant to clause 8 of rule XX and the State stated that North (3) North Korea should comply with United Korea must understand that all of the coun- Nations Security Council Resolutions 1718 of Chair’s prior announcement, further tries in East Asia have made it clear that proceedings on this motion will be 2006 and 1874 of 2009; North Korea’s recent behavior is viewed as (4) the United States remains committed postponed. unacceptable; to the promotion of inter-Korean dialogue f Whereas, on February 20, 2009, Secretary of and cooperation; and State Hillary Clinton stated, in a joint press b 1430 (5) the strategic importance of the strong conference with the Republic of Korea’s For- alliance between the United States and the CALLING ON NORTH KOREA TO eign Minister Yu Myung-hwan, that the Republic of Korea, in promoting peace and END HOSTILE RHETORIC AND United States and the Republic of Korea prosperity on the Korean Peninsula and in ACTIVITY TOWARD SOUTH maintain a joint resolve to bring about the Northeast Asia, should be recognized. complete and verifiable denuclearization of The SPEAKER pro tempore. Pursu- KOREA North Korea through the Six-Party Talks Mr. FALEOMAVAEGA. Mr. Speaker, and that North Korea is not going to get a ant to the rule, the gentleman from I move to suspend the rules and agree different relationship with the United States American Samoa (Mr. FALEOMAVAEGA) and the gentleman from Florida (Mr. to the resolution (H. Res. 309) express- while insulting and refusing dialogue with BILIRAKIS) each will control 20 min- ing the sense of the House of Rep- the Republic of Korea; Whereas for more than a year, North Korea utes. resentatives that North Korea should has refused proposals from the Republic of The Chair recognizes the gentleman immediately stop any hostile rhetoric Korea for mutual dialogue and also has re- from American Samoa. and activity towards the Republic of fused to fully implement the Six-Party Mr. FALEOMAVAEGA. Mr. Speaker, Korea and engage in mutual dialogue agreements on denuclearization; I yield myself such time as I may con- to enhance inter-Korean relations, as Whereas, on April 5, 2009, North Korea sume. amended. launched a missile in clear violation of Mr. Speaker, I rise in strong support The Clerk read the title of the resolu- United Nations Security Council Resolution of this resolution expressing the sense 1718 prompting a statement by President tion. of the House of Representatives that The text of the resolution is as fol- Obama condemning the launch; Whereas, on April 13, 2009, the United Na- North Korea should immediately stop lows: tions Security Council adopted a Presi- its hostile activities and instead return H. RES. 309 dential Statement condemning the launch; to dialogue. Whereas North Korea’s nuclear tests and Whereas, on April 14, 2009, North Korea de- Mr. Speaker, as I said earlier of my missile activities, and their suspected pro- clared that it would withdraw from the Six- strong support of H. Res. 309, it is a

VerDate Nov 24 2008 02:14 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.039 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6753 thoughtful, timely, and relevant reso- reinforce a message President Obama friend and Homeland Security ranking lution offered by my dear friend and and Secretary of State Clinton both member, PETER KING, to show soli- colleague, the gentleman from New underscored regarding the strength of darity with our South Korean allies in York (Mr. KING). I also wish to recog- our alliance with South Korea. their hour of need. Its consideration is nize the contributions and efforts of The administration and the inter- timely; it is timed to coincide with to- my colleague, Mr. MEEKS, also from national community have sent clear morrow’s Washington summit meeting New York. He was the principal Demo- messages to North Korea about its with the President of the Republic of cratic lead cosponsor and is a member provocations, and it is time that Con- Korea. of my Subcommittee on Asia, the Pa- gress also follows suit. North Korea is fast becoming a for- cific and the Global Environment. Mr. Speaker, our consideration of eign policy crisis spiraling out of con- Mr. Speaker, this important and bi- House Resolution 309 today is rendered trol. In April, there was a long-range partisan resolution shares, at its sub- all the more relevant by the visit of missile launch; in May, there was an- stantive core, three key principles. President Lee Myung-bak to Wash- other underground nuclear test. Only 1 First, it expresses a unified sense of the ington. I understand that his incred- week ago, a Pyongyang kangaroo court Congress that North Korea should ibly busy schedule will include a sum- took the provocative and morally rep- cease all hostile and destabilizing ac- mit with President Obama and meet- rehensible act of sentencing captured tivity on the Korean Peninsula. Sec- ings with Cabinet officials and the U.S. citizen journalists Laura Ling and ond, it calls on North Korea to re- House and Senate leadership. I was also Euna Lee to 12 years in a labor camp. engage in dialogue with South Korea, made aware that President Lee will re- North Korea also continues to hold a as well as with the Six-Party Talks. ceive the honorary doctorate degree South Korean citizen as a hostage. Our And, third, it reaffirms our uncondi- from George Washington University, thoughts and prayers are with those tional and unwavering commitment to where he was a visiting scholar 10 captives and their families. The United Nations Security Council our alliance partnership with the Re- years ago. has finally passed a resolution with public of Korea. Mr. Speaker, it is always a special As we are all aware, North Korea’s occasion when Korea’s President visits some teeth. Unfortunately, U.N. Reso- recent hostile activities have once the United States, and I certainly lution 1718, passed in 2006 after again brought world attention to the would like to extend a sincere welcome Pyongyang’s first nuclear test, was ig- fragile peace and tenuous security and best wishes to President Lee, nored when North Korea returned to the negotiating table. framework on the Korean Peninsula. In whom I had the honor of meeting with North Korea’s response to this latest a span of less than 3 months, North last year in Seoul. Mr. Speaker, for almost 11⁄2 years U.N. resolution has been more bluster Korea conducted another nuclear test, now, since his inauguration last Feb- and brinkmanship. The North Koreans launched several intercontinental bal- ruary, President Lee has continually revealed, to no one’s surprise, that listic missiles, and suspended or nul- emphasized the importance of a stra- they have maintained a highly en- lified all major inter-Korean agree- tegic alliance with the United States, riched uranium program all along, in ments, including the armistice that and this has been manifested through addition to their plutonium program. has maintained peace between North several notable achievements. Most re- They now threaten the world with and South Korea since 1953. cently, South Korea joined the Pro- more bombs and possible nuclear war. Even more alarming, Mr. Speaker, liferation Security Initiative aimed at Earlier this month, Kim Jong Il sent North Korea removed IAEA inspectors preventing the spread of weapons of a patrol boat into South Korean waters at Yongbyon and announced that it mass destruction. In November of last to back up his threats made against was restarting its plutonium produc- year, Korea formally acceded to the our South Korean ally. Some are now tion program with the ultimate aim of Visa Waiver Program. In October, a convinced that there will be a future weaponizing its nuclear material. currency swap agreement was signed military confrontation along the DMZ Meanwhile, amid the hostile between our two countries to stem the or in the Yellow Sea. And today, 28,500 brinksmanship, two American journal- liquidity issues in the global financial U.S. military personnel still stand ists, Euna Lee and Laura Ling, were markets. And through legislation guard in South Korea, a country often captured, tried, and sentenced to 12 passed by our Congress last September, called ‘‘the last frontier of the Cold years in prison for reform by hard Korea’s Foreign Military Sales status War.’’ labor. was officially upgraded to the level of The ‘‘Dear Leader’’ is obviously test- North Korea’s leader, Kim Jong Il, NATO plus three. ing the mettle of this President and has let it be known that his 26-year-old President Lee was also instrumental this Congress. Kim Jong Il has re- son, Kim Jong Un, will succeed him as in arranging for the resumption of the sponded to the outstretched hand of he succeeded his own father. North Ko- importation of beef imports from the President Obama’s inaugural address rea’s communist leadership regime is U.S. to Korea after diffusing a sensitive with missiles, nuclear bombs, the sei- being solidified into a totalitarian, he- political situation that temporarily zure of American citizens, and a threat reditary, authoritarian regime. halted our imports of beef to South of war. He is preparing to launch yet These startling events have unques- Korea. His determination to settle the another long-range missile, one that tionably precipitated the necessity of a beef issue underscores the important could reportedly reach the United unified congressional response to North commercial ties between Korea and the States and is likely to conduct yet an- Korea’s hostile acts, while also sending United States. other underground nuclear test. a message of strong solidarity and sup- Mr. Speaker, I wish to close my re- I say enough is enough. Now is the port for our close friend and ally, the marks by offering a few thoughts on time for the consequences which our Republic of Korea. the importance of reaffirming our alli- current North Korean Special Envoy, Just last Friday, the United Nations ance partnership with Korea. The his- Stephen Bosworth, promised after the Security Council unanimously adopted tory of relations between our two coun- April 5 missile launch. Last week, Sec- a resolution condemning ‘‘in the tries, which can be tracked back to a retary Clinton raised the re-listing of strongest terms possible’’ North Ko- treaty of friendship more than 25 years North Korea as a state sponsor of ter- rea’s nuclear test, imposing new sanc- ago, has been marked by consistency rorism as one possible consequence. tions, demanding that the Democratic and mutual solidarity between our two But a few days later, the House Rules People’s Republic of Korea not conduct nations. Committee refused to allow consider- any further nuclear test or any launch Mr. Speaker, I ask my colleagues to ation of an amendment to the Foreign using ballistic missile technology, and support this resolution. Relations Authorization Act, offered urging Pyongyang to come back to the Mr. Speaker, I reserve the balance of by my good friend and ranking mem- Six-Party Talks without preconditions. my time. ber, Representative ROS-LEHTINEN, House Resolution 309 before us today Mr. BILIRAKIS. Mr. Speaker, I yield which would have done just that. It is will reinforce the Security Council’s myself such time as I may consume. unfortunate that Secretary Clinton message that Pyongyang’s recent ac- I rise in strong support of this resolu- would consider this, but not the House tions are unacceptable, and it will also tion put forward in March by my good leadership.

VerDate Nov 24 2008 02:14 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.012 H15JNPT1 erowe on PROD1PC64 with HOUSE H6754 CONGRESSIONAL RECORD — HOUSE June 15, 2009 The time for hesitancy is over, Mr. they have to really lean back and push can to prevent and stop North Korea Speaker. America needs to respond to back against North Korea. I think ev- from becoming a nuclear power. North Korea. erything should be on the table. The I urge adoption of the resolution. Mr. Speaker, I reserve the balance of fact is that we now have a situation Mr. FALEOMAVAEGA. Mr. Speaker, my time. where, with going forward with its nu- I yield myself such time as I may con- Mr. FALEOMAVAEGA. Mr. Speaker, clear program, North Korea really puts sume. I reserve the balance of my time. its neighbors in jeopardy, and perhaps I want to commend and thank my Mr. BILIRAKIS. Mr. Speaker, I yield soon after that Europe and the United good friend, the gentleman from New to the ranking member, Mr. KING from States, with their missile system, with York for his sponsorship, again, of this New York, as much time as he may the delivery system, with the nuclear important resolution and certainly consume. relationships. And I think everything thank him for his insights and under- Mr. KING of New York. Mr. Speaker, should be on the table, including a very standing of the current situation that I thank the gentleman from Florida for strong missile defense system. And we we’re faced with as far as dealing with yielding. should have an open debate, put par- North Korea. At the outset, let me thank Chair- tisanship aside and stand together as Mr. Speaker, the geopolitical situa- man BERMAN and Ranking Member Americans to confront what could be a tion now, the realities and the develop- ROS-LEHTINEN for the support they mortal danger to our allies and also have given me on this resolution and ment as a result of North Korea’s lat- causing the situation in Asia to spiral est activities now, makes it absolutely for bringing it to the House floor. Also, out of control. I certainly think when let me thank my colleague from New necessary for the United States to Japan sees what North Korea is doing, strengthen our alliance and partner- York (Mr. MEEKS) for being the prime as far as advancing its nuclear pro- ship with South Korea. cosponsor of the bill and for his sup- gram, we could well see Japan consid- port in pushing it forward. And of The security alliance between the ering a nuclear program. We have United States and Korea has been piv- course Mr. FALEOMAVAEGA, who does a strong friends, such as Taiwan, who otal ever since it was forged through truly outstanding job as chairman of now will be in danger. the subcommittee, I want to thank him much shedding of blood during the Ko- Also, it is time for China to realize rean War some 60 years ago. As I recall, as well. that they have a major role to play in Mr. Speaker, when I first introduced over 33,000 of our men and women in solving this crisis. The fact is, North military uniform died as a result of this resolution back in March, it was Korea could not survive if it did not re- clear then, obviously, that Korea was a that terrible conflict known as the Ko- ceive its energy and its food supplies rean War. major threat to world stability and a from China. And China should realize Without question, South Korea has major threat to the national security that this game can only go on for so remained a steadfast U.S. ally, espe- of the United States, and of course also long where they somehow take a cer- cially in our time of need, whether it to its Asian neighbors. Well, since tain delight in North Korea antago- be the horrific conflict of Vietnam, then, the situation has only gotten nizing the United States. And also, where I personally served at the time, worse. As Mr. BILIRAKIS pointed out, it they feel they can buy off North Korea where some 50,000 South Korean sol- has been step after step of aggressive with their food and energy, and they diers were right there fighting along- action, provocative action, action don’t want refugees streaming across side the members of our Armed Forces defying world opinion, defying resolu- their border. But this has now gone be- there at that time. When we needed as- tions of the United Nations, and abso- yond the stage where we are just talk- sistance in Iraq, Afghanistan, Lebanon, lutely defying agreements that have ing and sitting down; we are talking and other global hotspots, South Korea been made with the Six Parties over about the very security of the United responded affirmatively and depend- the previous years. States being in danger here. ably as our ally. The foundation of our Mr. Speaker, President Clinton So, Mr. Speaker, I urge the adoption friendship and alliance is unshakeable. reached out and tried to engage North of this resolution. Yes, we have to con- Through our shared values and com- Korea, President Bush obviously tinue constructive dialogue, we have to mon history, we are able to meet glob- reached out and tried to engage North engage, to the extent we can, with al challenges together, ranging from Korea, began the Six-Party Talks, North Korea; but the fact is that, as terrorism to the current crisis in North made China a part of that process; and Mr. BILIRAKIS said, when the President Korea. yet at every stage, when it comes to reached out in good faith—President weaponizing uranium, plutonium and Clinton, President Bush, and now Mr. Speaker, our economic and trade moving forward, North Korea has re- President Obama have reached out in relationship with South Korea is one of fused to respond in good faith. And good faith—the response to them has the strongest in Asia, and currently when they do make a feeble attempt at been an iron fist, it’s been missiles, it’s South Korea is our seventh-largest good faith, it is obviously a ploy, and been rockets, and it’s been weaponizing trading partner in the world. In 2007 they renege as soon as any concession of nuclear fissile material. our two countries concluded a free is made by the United States or any of trade agreement that now awaits ap- our allies. So, Mr. Speaker, I think it is b 1445 proval by our Congress as well as the important that we send a message to So rather than be caught short, rath- Korean National Assembly. the North Korean Government. er than our being victims of something In my opinion, Mr. Speaker, the U.S.- And let’s be clear about this. When which we should anticipate now, let us Korea Free Trade Agreement will bring we are talking about the North Korean stand together, and I certainly reach tremendous benefits to both of our Government, we’re really talking out across the aisle so that all of us, as countries. The International Trade about an organized crime family Republicans and Democrats and as Commission has forecast that the masquerading as a state. Kim Jong Il Americans, can stand with the Presi- elimination of tariffs on U.S. goods defies every standard of decency that is dent as he goes forward, and hopefully under the agreement would increase built up in the community of nations. he will, to stand up to this really bla- our GDP by about $11 billion a year. I think it is important to realize that, tant aggression, I believe, by North The agreement will also eliminate reg- especially when North Korea is con- Korea and send a message to Kim Jong ulatory and other nontariff barriers trasted with the Republic of Korea, Il, whether it’s him or his son, no mat- that have historically restricted access which has become a model democracy ter who ends up controlling or calling by farmers, manufacturers, and service and it is such a strong and staunch ally the shots in North Korea, that it will providers. And to the South Korean of the United States. be met by concerted action from the market, with growing difficulties and So as we go forward, Mr. Speaker, I United States. And also call on coun- the health of our economy, in my opin- think it is important for the President tries such as China to start doing what ion, this proposed agreement will be a and the Secretary of State to know they should be doing, and to reassure win-win situation: a win for our work- that Congress will stand behind them if our allies such as Japan and Taiwan ers, a win for our businesses, and a win they have to take stronger action, if that the United States will do all it for our consumers.

VerDate Nov 24 2008 02:14 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.013 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6755 But perhaps the most compelling ar- watered-down resolution. And just as South Korean President Lee Myung- gument supporting a free trade agree- the previous administration did after bak, who will be visiting Washington ment with this important ally of ours North Korea’s October 2006 nuclear this week, advocated for a new ap- is the very reason that we are gathered test, this U.N. action will be touted. It proach with respect to the Six-Party here in support of House Resolution will be touted by our spokesman as an Talks in a weekend interview. That 309. The geopolitical factors in East effective response. Well, we’ve heard South Korea, our ally for over 60 years, Asia and North Korea’s recent desta- this story before, unfortunately. It is is pressing for a fresh approach should bilizing actions necessitates a firm and not an effective response, and it is be- speak volumes to us, and I hope we are tangible U.S. commitment in the re- cause, frankly, with the lowest com- listening. gion. And realizing that the free trade mon denominator U.N. resolution ap- Mr. FALEOMAVAEGA. Mr. Speaker, agreement would send the right mes- proach, where China and Russia get I yield myself such time as I may con- sage to both North and South Korea that opportunity to water down that sume. that we seek an even stronger and resolution so that it won’t be enforced I want to thank my good friend and more comprehensive economic and effectively, frankly, we come to a con- colleague the gentleman from Cali- trade relationship with our important clusion. And the conclusion for me— fornia for his comments, certainly one ally, the Republic of Korea. and I’ve followed this issue for many of the most recognized experts that we Mr. Speaker, I reserve the balance of years—is that the United States can have in the House as far as issues deal- my time. achieve an awful lot by deploying ing with the Korean Peninsula. I do Mr. BILIRAKIS. Mr. Speaker, I yield measures to further undercut North thank him for his thoughts and senti- such time as he may consume to the Korea’s economy and to target its pro- ments on this important issue. ranking member of the Subcommittee liferation activities. We have found Once again, Mr. Speaker, I wish to on Terrorism, Nonproliferation and that the source of doing that before; we thank my good friend the gentleman Trade, the Member from California should do it again. from New York (Mr. KING) and also Mr. Past attempts to squeeze the wallet (Mr. ROYCE). MEEKS for offering this important reso- Mr. ROYCE. I thank the gentleman of North Korea have proven very suc- lution and especially also the chairman for yielding. cessful. When banks from across Asia of our committee, Mr. BERMAN, and Mr. Speaker, I rise in support of Con- refused to do business with the North also our senior ranking member, Ms. gressman PETER KING of New York’s Koreans after a bank in Macau was ROS-LEHTINEN, for their leadership and legislation. I think it’s very important shut down by U.S. sanctions for laun- their support in bringing this bill be- at this point in time to recognize, as dering counterfeit U.S. currency for fore the floor. we have discussed today, the impor- North Korea, it brought enormous I ask my colleagues to join me in tance of that relationship that we have pressure. It was at a point in North supporting this resolution and offering with South Korea and to recognize also Korea where the previous ruler, Kim President Lee our best wishes for a just how much of a test North Korea’s Jong Il, temporarily the ruler, could pleasant visit to Washington and a suc- provocative actions have been for our not pay his generals. And that was cessful summit with President Obama allies in South Korea. until this effort was dropped with the sometime this week. If we think back to the aftereffect of belief that North Korea would bargain Mr. Speaker, I reserve the balance of the Korean War and how South Korea its nuclear program away. Those sanc- my time. lay in ruins and think today about the tions were lifted. North Korea got back Mr. BILIRAKIS. Once again, I want fact that South Korea has one of the on its feet. The work that they were to thank my good friend PETER KING, highest per-capita incomes in the world doing on missile proliferation could the ranking member of the Homeland and yet we look at North Korea and it begin again because they had the hard Security Committee, for introducing has the lowest, it is truly dramatic. I currency again. have been in North Korea, and it’s phe- There were reports that North Ko- this very important resolution, very nomenal to me to see the kind of dev- rean counterfeiting of our $100 bills has timely as well. And I urge quick and astation that that misrule has led to in been ramped up in recent months. unanimous passage. terms of the population, the stunted News reports indicate that South Ms. JACKSON-LEE of Texas. Mr. Speaker, growth, the malnutrition that you can Korea has given us the information on I stand here today to convey the importance of see when you meet people. But particu- between 10 and 20 North Korean bank the passage of H. Res. 309, which urges larly for our friends in South Korea, accounts, most of them in China, one North Korea to cease all hostile rhetoric and who today are one of our strongest of them in Switzerland. One former activity toward the Republic of Korea. In the trading partners, particularly for them U.S. official has called that Macau interest of the Korean people, it is imperative at this point in time, when we see this bank—and I have been in Macau and we that Korea begin to engage in a dialogue in an North Korean foreign policy, which has have seen those $100 bills—he calls that effort to improve inter-Korean relations. Devel- always been aggressive but lately has the tip of the iceberg of North Korean opment can only come about with sincere and included long-range missile tests; has illicit activity. diplomatic communication via inter-Korean en- included three-stage ICBMs; includes We know what to do now. We know gagement. booting U.N. inspectors from the coun- what worked in terms of shutting them North Korea’s nuclear and missile program, try; the sentencing of Laura Ling and down when we were willing to do it. So and their suspected proliferation, is one of the Euna Lee, two young American jour- if we have the will, we can do that gravest threats to international peace and sta- nalists, sentencing them to 12 years again. bility in Northeast Asia and beyond. The time hard labor; the ongoing counterfeiting Mr. Speaker, North Korea’s second has come for the North Korean regime to of U.S. $100 bills; missile proliferation nuclear test in 3 years offers a silver abandon its nuclear weapons and all nuclear out of North Korea; drug trafficking lining: clarity of the intentions of that programs, and revert to the Non-Proliferation and other illicit activities, so many il- regime. In case we didn’t know it be- Treaty (NPT) post haste. Yet North Korean licit activities that I think some of us fore, in case we didn’t suspect it when leadership continues to pursue its nuclear am- are confounded by the fact that almost we found that they were helping Syria bitions while up to 2,000,000 North Koreans half of the hard currency that goes into on the banks of the Euphrates, when reportedly starved to death during the late that regime is money they make they were helping Syria develop a nu- 1990s and hundreds of thousands fled North through illicit activities. And now clear program, North Korea has Korea in search of freedom and food. North Korea has conducted a second dropped the pretense of being willing to Given the urgency of timing and develop- underground nuclear test in 3 years. negotiate away its nuclear program. ment on the issue of North Korea’s We are in the midst of a leadership We have learned, as PETER KING, our nuclearization, President Obama noted in a struggle, and many expect as a result colleague from New York, has told us, call with the Republic of Korea’s President Lee more provocations, more missile tests, about the work done on uranium en- Myung-Bak on February 3, 2009, that recent even more nuclear tests perhaps over richment in addition to the plutonium events underscore the immediate need for the the ensuing months. program. They had a secret under- United States and the Republic of Korea to Weeks after the North Korean test, ground program that they never di- work together even more closely to achieve the U.N. Security Council has passed a vulged to us. complete and verifiable denuclearization of

VerDate Nov 24 2008 02:14 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 9920 E:\CR\FM\K15JN7.014 H15JNPT1 erowe on PROD1PC64 with HOUSE H6756 CONGRESSIONAL RECORD — HOUSE June 15, 2009 North Korea. As North Korea continues to pur- H. RES. 479 not only achieved great success as a sue proliferation, time is running out for the Whereas Takamiyama Daigoro was born sportsman but also built enduring plausibility of comprehensive denuclearization. Jesse Kuhaulua in Maui, Hawaii, on June 16, bridges between the United States and On February 10, 2009, Secretary of State Hil- 1944; the people and the Government of lary Clinton stated that North Korea needs to Whereas Takamiyama Daigoro entered Japan. professional Sumo, an ancient Japanese Jesse Kuhaulua, that is his real Ha- understand that all of the countries in East sport with origins spanning over several cen- Asia have made it clear that North Korea’s re- turies; waiian name, known professionally in cent behavior is viewed as unacceptable. Fur- Whereas Takamiyama Daigoro was the Japan as Takamiyama Daigoro, was a thermore, on February 20, 2009, Secretary of first United States born sumo wrestler and trailblazer in the sport of sumo wres- State Hillary Clinton stated, in a joint press also became the first foreigner to win the top tling in every sense of the word. conference with the Republic of Korea’s For- division championship of Sumo in 1972; eign Minister Yu Myung-hwan, that the United Whereas upon his 1972 victory, United b 1500 States and the Republic of Korea maintain a States Ambassador Robert Ingersoll read a congratulatory message from President He was born in the great State of Ha- joint resolve to bring about the complete and , marking the first time waii and became the first U.S.-born verifiable denuclearization of North Korea English words were spoken at a sumo tour- wrestler to enter the sport of sumo in through the Six-Party Talks. Secretary of State nament; Japan. When he came to Japan to enter Clinton also stated that North Korea will not be Whereas Takamiyama Daigoro competed the dohyo, the sumo wrestling ring, he establishing a new and different relationship in over 1400 matches, established numerous was new to Japan; and despite having with the United States while simultaneously in- records, and earned many awards over his 20- no prior experience in Japan with sumo sulting and refusing dialogue with the Republic year career; wrestling, he quickly mastered the of Korea. Whereas Takamiyama Daigoro became the first and only foreign born wrestler to be- sport’s physical and unique traditions. H. Res. 309 additionally requires North Ko- come an oyakata, or training master, by es- He also mastered the Japanese lan- rea’s compliance with U.N. Security Council tablishing a training stable for sumo wres- guage and the nuances of the Japanese Resolution 1718, which prevents a range of tlers; culture. Takamiyama competed in over goods from entering or leaving the Democratic Whereas Takamiyama Daigoro paved the 1,400 matches, winning 12 kinboshi or People’s Republic of Korea and imposes an way for Polynesian and other foreign wres- gold stars, and 11 sansho, or special asset freeze and travel ban on persons related tlers to compete in this traditional ancient prizes. In 1972 he became the first for- to the nuclear-weapon program, should North sport including Saleva’a Atisano’e, also eigner to win the Emperor’s Cup, the Korea’s pursuit of nuclearization not cease im- known as Konishiki, who became the first foreigner to reach ozeki, the second highest top division championship in the sport mediately. The strategic importance of the sumo rank, Chad Rowan, also known as of sumo wrestling. After that victory, strong alliance between the United States and Akebono, who became the first foreigner to U.S. Ambassador Ingersoll read a con- the Republic of Korea cannot be overstated. reach yokozuna, the highest sumo rank, and gratulatory message from President Such an alliance is necessary in promoting Fiamalu Penitani, also known as Nixon, marking the first time English peace and prosperity on the Korean Peninsula Musashimaru, who became the second for- words were ever spoken at a sumo tour- and in Northeast Asia, and should be recog- eigner to reach yokuzuna; and nament. Takamiyama Daigoro to this nized. Whereas Takamiyama Daigoro is retiring In conclusion, we have reached a point in on June 16, 2009, at the mandatory retire- day is the first and only foreigner to time where North Korea must cease their pro- ment age of 65: Now, therefore, be it open his own training stable for sumo Resolved, That the House of Representa- wrestlers. I urge my colleagues to sup- liferation efforts. Additionally, North Korean tives— leadership should scale back their weapons port the passage of this resolution. (1) honors Takamiyama Daigoro’s achieve- I reserve the balance of my time. program by aiming to prevent illicit trafficking ments to Sumo and his contributions to en- Mr. BILIRAKIS. Mr. Speaker, I yield in nuclear, chemical or biological weapons. In hancing United States-Japan relations; and order to implement change for the people of (2) encourages the international commu- myself as much time as I may con- Korea and improve its image in the inter- nity to recognize the successes of sume. national arena, it is necessary that North Takamiyama Daigoro in Sumo. I rise in support of this resolution, Korea engage in inter-Korean dialogue. I urge The SPEAKER pro tempore. Pursu- which gives long overdue recognition passage of this important resolution. ant to the rule, the gentleman from to the accomplishments of sumo cham- Mr. BILIRAKIS. Mr. Speaker, I yield American Samoa (Mr. FALEOMAVAEGA) pion Takamiyama Daigoro, who won back the balance of my time. and the gentleman from Florida (Mr. Japan’s top division sumo champion- Mr. FALEOMAVAEGA. Mr. Speaker, BILIRAKIS) each will control 20 min- ship in 1972. This native son of Hawaii, I also yield back the balance of my utes. also known as Jesse Kuhaulua, was the time. The Chair recognizes the gentleman first foreigner to achieve this distinc- The SPEAKER pro tempore. The from American Samoa. tion since competitive sumo tour- question is on the motion offered by GENERAL LEAVE naments first appeared in the 16th cen- the gentleman from American Samoa Mr. FALEOMAVAEGA. Mr. Speaker, tury. Athletes have long been recog- (Mr. FALEOMAVAEGA) that the House I ask unanimous consent that all Mem- nized as goodwill ambassadors who can suspend the rules and agree to the reso- bers may have 5 legislative days to re- often promote international under- lution, H. Res. 309, as amended. vise and extend their remarks and in- standing more effectively than profes- The question was taken; and (two- clude extraneous material on the reso- sional diplomats. For example, 2 years thirds being in the affirmative) the lution under consideration. ago former Secretary of State rules were suspended and the resolu- The SPEAKER pro tempore. Is there Condoleezza Rice named baseball leg- tion, as amended, was agreed to. objection to the request of the gen- end Cal Ripken, Jr. as a goodwill am- A motion to reconsider was laid on tleman from American Samoa? bassador to expand the role of athletes the table. There was no objection. in diplomacy. Mr. Daigoro, who retires f Mr. FALEOMAVAEGA. Mr. Speaker, tomorrow from the professional ring at I yield myself such time as I may con- age 65, has spent three and a half dec- HONORING SUMO WRESTLER sume. ades using his athletic skills to pro- TAKAMIYAMA DAIGORO I rise in strong support of this resolu- mote understanding and friendship be- Mr. FALEOMAVAEGA. Mr. Speaker, tion, recognizing the contributions of tween the people of the United States I move to suspend the rules and agree Takamiyama Daigoro to the sport of and the people of Japan. I, therefore, to the resolution (H. Res. 479) honoring sumo wrestling, the most ancient sport join Ms. HIRONO and my congressional the contributions of Takamiyama in Japan, and to the U.S.-Japan rela- colleagues from the Aloha State in sup- Daigoro to Sumo and to United States- tionship. porting this resolution, which offers Japan relations. Mr. Speaker, June 15, 2009, marks the congratulations and thanks to this The Clerk read the title of the resolu- day before Takamiyama’s 65th birth- outstanding athlete for his remarkable tion. day, when those in sumo must retire. record in sumo, for his role in diversi- The text of the resolution is as fol- Over the course of this exceptional fying that which had previously been lows: 45-year career, Takamiyama Daigoro exclusively a Japanese sport, and for

VerDate Nov 24 2008 03:24 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.041 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6757 his service as an athletic goodwill am- Mr. FALEOMAVAEGA. Mr. Speaker, (H.R. 2325) to designate the facility of bassador to our close ally, Japan, for I want to commend and thank my good the United States Postal Service lo- the past 37 years. friend, my colleague from Hawaii, for cated at 1300 Matamoros Street in La- Happy birthday, Jesse. Thank you for sharing with us her statement con- redo, Texas, as the ‘‘Laredo Veterans your many accomplishments, and good cerning these outstanding athletes. It Post Office’’. luck in your future endeavors. may be known to my colleagues in the The Clerk read the title of the bill. I yield back the balance of my time. House, but just to give you an indica- The text of the bill is as follows: Mr. FALEOMAVAEGA. Mr. Speaker, tion of what these gentlemen look H.R. 2325 at this time I would like to yield all like—Takamiyama, he is about 6’4’’, Be it enacted by the Senate and House of Rep- the time that she may want to con- and he weighed 350 pounds at the resentatives of the United States of America in sume to the chief sponsor of this bill, height of his ability to do sumo wres- Congress assembled, my good friend, the gentlelady from tling; Konishiki, who happens to be a SECTION 1. LAREDO VETERANS POST OFFICE. Hawaii (Ms. HIRONO). relative of mine, weighed only 560 (a) DESIGNATION.—The facility of the United States Postal Service located at 1300 Ms. HIRONO. Mr. Speaker, I would pounds, and he was about 6’0’’ in like to thank the chairman for yielding Matamoros Street in Laredo, Texas, shall be height; Akebono, Chad Rowens, is known and designated as the ‘‘Laredo Vet- time and for being an original cospon- about 6’8’’, and he weighed almost 500 erans Post Office’’. sor of my bill, along with my colleague pounds and so was Musashimaru, both (b) REFERENCES.—Any reference in a law, NEIL ABERCROMBIE. I would also like to yokozunas, which is the highest level map, regulation, document, paper, or other thank the previous speaker for his very of the championship in Japanese sumo record of the United States to the facility re- kind and knowledgeable remarks, and wrestling. Musashimaru, Fiamalu ferred to in subsection (a) shall be deemed to you pronounced his name correctly, be a reference to the ‘‘Laredo Veterans Post Penitani, was about 6’4’’ and weighed Office’’. too, which is wonderful. Thank you. almost 500 pounds as well. Don’t be The SPEAKER pro tempore (Ms. H. Res. 479 recognizes the contribu- misled by the fact that these gentle- HIRONO). Pursuant to the rule, the gen- tions of Jesse Kuhaulua, known profes- men may be heavy. They say that in tleman from Massachusetts (Mr. sionally as Takamiyama Daigoro, a sumo wrestling, with one little push or LYNCH) and the gentleman from Cali- trailblazer in the sport of sumo wres- shove from one arm, they can literally fornia (Mr. BILBRAY) each will control tling. Maui born and a graduate of hurt you. I’ve personally seen the 20 minutes. Baldwin High School in Wailuku, Jesse training that these gentlemen go made his debut as an aspirant in Ja- The Chair recognizes the gentleman through, about 6 or 7 hours a day, in from Massachusetts. pan’s national sport in the winter of building their—and they have to do the GENERAL LEAVE 1964 in Osaka. At the time he knew lit- splits. So believe it or not, these gen- Mr. LYNCH. Madam Speaker, I ask tle of the Japanese language and the tlemen can do the splits just like you unanimous consent that all Members subtleties of the sport itself. In this would in doing ballet dancing, if you may have 5 legislative days within initial test, he wondered if his stay in will, in terms of the conditioning and which to revise and extend their re- Japan would be counted in weeks or the ability that they have to really months. Today Takamiyama Daigoro marks. strengthen themselves when they go to The SPEAKER pro tempore. Is there will retire from a 45-year long sumo ca- the mat and conduct this ancient sport reer filled with historic milestones. objection to the request of the gen- of sumo wrestling. tleman from Massachusetts? This marks the day before his 65th Again, I do want to thank my good birthday when senior members of the There was no objection. friend, the gentlewoman from Hawaii. Mr. LYNCH. I now yield myself as sport must retire. Takamiyama Ms. HIRONO. I would like to note in Daigoro was the first United States- much time as I may consume. closing that a very famous singer, who Madam Speaker, I am pleased to born wrestler to enter the sport of sadly has passed away, named Israel present for consideration H.R. 2325, sumo. In 1972 he became the first for- Kamakawiwo’ole wrote a wonderful which is legislation to designate the eigner to win the Emperor’s Cup, a top song about our Hawaiian sumo wres- United States postal facility located at division championship in the sport. He tlers, calling them gentle giants. 1300 Matamoros Street in Laredo, was also the first foreign-born wrestler Mr. FALEOMAVAEGA. I also want Texas, as the Laredo Veterans Post Of- to climb to sumo’s third-highest rank to note to the gentlelady that fice. Introduced by my colleague Rep- of sekiwake. Takamiyama also stands Konishiki and I had prepared one of our resentative HENRY CUELLAR of Texas as the only foreigner to open his own relatives who was about 18 years old, is heya, or stable, in order to train future on May 7, 2009, and reported out of the only about 6’10’’, and he weighed 450 Oversight Committee by unanimous generations in the sport after he pounds. For one whole year, we tried to stopped actively competing himself. consent on June 4, 2009, H.R. 2325 en- get him into sumo wrestling; and un- joys the support of the entire Texas Takamiyama opened the door for oth- fortunately, the Sumo Federation re- ers from Hawaii to join him in this House congressional delegation. As evi- fused to allow more Polynesians to par- denced by the short title of the bill, the most ancient of sports. This group in- ticipate in this ancient sport of wres- cludes Saleva’a Atisano’e, also known legislation before us seeks to pay trib- tling. ute to all the brave men and women as Konishiki, who became the first for- With that, Mr. Speaker, I also want from the city of Laredo, Texas, as well eigner to reach the second-highest to again thank my good friend for her as the State of Texas and across the rank of ozeki; Chad Rowen, also known sponsorship and the many sponsors of United States who have served our Na- as Akebono, who became the first for- this important resolution. eigner to hold the highest rank of I yield back the balance of my time. tion in the United States military both sumo, that of yokozuna; and Fiamalu The SPEAKER pro tempore. The at home and abroad. Over 23 million Penitani, also known as Musashimaru, question is on the motion offered by American military veterans are cur- who became the second foreigner to the gentleman from American Samoa rently living in the United States, in- hold the title of yokozuna. Today for- (Mr. FALEOMAVAEGA) that the House cluding nearly 2 million veterans living eigners from other countries, such as suspend the rules and agree to the reso- in the State of Texas alone. These fine Mongolia, Russia and Georgia, have at- lution, H. Res. 479. Americans as well as those that are no tained higher rankings and remarkable The question was taken; and (two- longer with us have devoted their lives acclaim in this most ancient of Japa- thirds being in the affirmative) the to the defense and security of our Na- nese sports. rules were suspended and the resolu- tion, notwithstanding the great per- I urge my colleagues to support this tion was agreed to. sonal risk and sacrifice they must en- recognition of Jesse Kuhaulua, a true A motion to reconsider was laid on dure. We are eternally in their debt and ambassador of the aloha spirit. the table. forever grateful for their noble and Mahalo nui loa. f selfless dedication to our Nation and Mr. FALEOMAVAEGA. Will the gen- the preservation of its founding prin- tlelady yield? LAREDO VETERANS POST OFFICE ciples. Ms. HIRONO. I yield to the gen- Mr. LYNCH. Madam Speaker, I move Madam Speaker, I again want to tleman from American Samoa. to suspend the rules and pass the bill thank the gentleman from Texas (Mr.

VerDate Nov 24 2008 02:14 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.019 H15JNPT1 erowe on PROD1PC64 with HOUSE H6758 CONGRESSIONAL RECORD — HOUSE June 15, 2009 CUELLAR) for being the lead sponsor of brave men and women that we have in Madam Speaker, as chairman of the this legislation and offering such a Laredo, to be named as the Laredo Vet- House subcommittee with jurisdiction thoughtful and considerate measure in erans Post Office. over the United States Postal Service, honor of his constituents. With that, Mr. BILBRAY. Madam Speaker, I I am pleased to present H.R. 2422, as let us also pay tribute to the distin- yield back the balance of my time. amended, for consideration this after- guished service of our veterans from Mr. LYNCH. Madam Speaker, I just noon. the city of Laredo, from the State of urge our colleagues to join with Con- The bill before us will designate the Texas and across the Nation by desig- gressman CUELLAR in naming this post United States postal facility located at nating the Laredo Post Office in their office in memory and in honor of our 702 East University Avenue in George- honor. I urge my colleagues to join me United States and Texas veterans. town, Texas, as the ‘‘Kyle G. West Post and Representative CUELLAR in sup- With that, I yield back the balance of Office Building.’’ Introduced by our porting H.R. 2325. our time. colleague Representative JOHN CARTER I reserve the balance of my time. The SPEAKER pro tempore. The of Texas on May 14, 2009, and reported Mr. BILBRAY. Madam Speaker, I question is on the motion offered by out of the Oversight and Government yield myself as much time as I may the gentleman from Massachusetts Reform Committee on June 4th, 2009, consume. (Mr. LYNCH) that the House suspend by unanimous consent, H.R. 2422 enjoys Today I urge passage of the bill des- the rules and pass the bill, H.R. 2325. the support of the entire Texas House ignating the facility of the United The question was taken. delegation. States Postal Service in Laredo, Texas, The SPEAKER pro tempore. In the A resident of Hutto, Texas, First as the Laredo Veterans Post Office. opinion of the Chair, two-thirds being Lieutenant Kyle G. West bravely Madam Speaker, the deeds, accom- in the affirmative, the ayes have it. served in support of Operation Iraqi plishments and the many services of Mr. LYNCH. Madam Speaker, on that Freedom with the United States the individuals of Texas who have I demand the yeas and nays. Army’s 6th Squadron, 9th Cavalry served our Armed Forces are written in The yeas and nays were ordered. Regiment, 3rd Brigade Combat Team, the archives of American history. The SPEAKER pro tempore. Pursu- 1st Cavalry Division, out of Fort Hood, Their deeds and these military per- ant to clause 8 of rule XX and the Texas. sonnel occupy an important role in our Chair’s prior announcement, further On Memorial Day, May 28, 2007, First own history; and in this regard, the proceedings on this motion will be Lieutenant West and four fellow mem- citizens of Texas and the city of Laredo postponed. bers of his unit were killed in Abu set a high standard for courage and for f Sayda, Iraq, when their Bradley Fight- ing Vehicle was struck by an impro- service for those of us in this country. KYLE G. WEST POST OFFICE vised explosive device. The soldiers had Today I ask that we honor these brave BUILDING Texans for their service and commit- been out on a rescue mission in support ment and heroism in defense of Amer- Mr. LYNCH. Madam Speaker, I move of comrades who had been downed in a ica, thus designating the United States to suspend the rules and pass the bill helicopter. post office in Laredo in their honor. (H.R. 2422) to designate the facility of After graduating in 2001 from Hutto Madam Speaker, I reserve the bal- the United States Postal Service lo- High School in Texas, First Lieutenant ance of my time. cated at 702 East University Avenue in West attended Blinn College and subse- Mr. LYNCH. Madam Speaker, at this Georgetown, Texas, as the ‘‘Kyle G. quently received a degree in business time I would like to yield 5 minutes to West Post Office Building’’, as amend- management from Stephen F. Austin the lead sponsor of this legislation, the ed. State University in 2005. gentleman from Texas (Mr. CUELLAR). The Clerk read the title of the bill. In pursuit of his lifelong dream to Mr. CUELLAR. Thank you, Mr. The text of the bill is as follows: serve in the United States military, LYNCH. I appreciate the leadership that H.R. 2422 First Lieutenant West joined the ROTC you’ve shown not only on this bill but Be it enacted by the Senate and House of Rep- program at Stephen F. Austin as a jun- on the committee also. We thank you resentatives of the United States of America in ior, and eventually rose to sergeant in for the work that you’ve done. Mr. Congress assembled, the Texas National Guard out of BILBRAY, thank you also for the work SECTION 1. KILE G. WEST POST OFFICE BUILD- Lufkin, Texas. Included among Kyle’s ING. that you’ve done; and thank you, National Guard duties were assisting in (a) DESIGNATION.—The facility of the again, for serving in a bipartisan way the Columbia shuttle recovery efforts United States Postal Service located at 2300 in 2003, as well as serving in Louisiana on the Oversight Committee. Scenic Drive in Georgetown, Texas, shall be I rise in support of H.R. 2325 to name known and designated as the ‘‘Kile G. West following Hurricane Katrina. Kyle was the post office at 1300 Matamoros Post Office Building’’. commissioned into the United States Street in Laredo, Texas, as the Laredo (b) REFERENCES.—Any reference in a law, Army as a second lieutenant on the eve Veterans Post Office. When you look at map, regulation, document, paper, or other of his college graduation ceremony and the history of Texas, the State of record of the United States to the facility re- subsequently deployed to Iraq on Octo- Texas, the city of Laredo, you will see ferred to in subsection (a) shall be deemed to ber 3, 2006. be a reference to the ‘‘Kile G. West Post Of- In addition to his dedication to his that in that history, the veterans have fice Building’’. played a very important role. unit and his country, Kyle is equally The SPEAKER pro tempore. Pursu- remembered for his devotion to his b 1515 ant to the rule, the gentleman from family and to his friends. As recalled in The veterans of Laredo, Texas, have Massachusetts (Mr. LYNCH) and the a May 31, 2007, article in the Austin served in a very distinguished way in gentleman from California (Mr. American-Statesman, Kyle was a de- many of the wars we have had. Many of BILBRAY) each will control 20 minutes. voted son, a protective big brother, and them have sacrificed in World War I, The Chair recognizes the gentleman a loyal friend who is still known in his World War II, the Vietnam War and from Massachusetts. old neighborhood for rounding up Korea, and in other conflicts we have GENERAL LEAVE friends to take care of a local grackle had, up to the latest war we have. Mr. LYNCH. Madam Speaker, I ask problem while all the adults were at I think it is only appropriate that we unanimous consent that all Members work. name the post office, which is in front may have 5 legislative days within Mr. Speaker, First Lieutenant Kyle of a plaza where it is also recognized as which to revise and extend their re- West’s life stands as a testament to the a way that we have recognized the vet- marks. bravery and devotion of the heroic men erans. It is placed in an appropriate The SPEAKER pro tempore. Is there and women who have served and con- place. objection to the request of the gen- tinue to serve our Nation at home and Madam Speaker, I would ask Mem- tleman from Massachusetts? abroad. It is my sincere hope that we bers to please join me in support of There was no objection. can honor this young soldier through H.R. 2325, where we name the post of- Mr. LYNCH. Madam Speaker, I yield the passage of H.R. 2422 and rename the fice at 1300 Matamoros Street after the myself such time as I may consume. Georgetown, Texas, postal facility as

VerDate Nov 24 2008 02:14 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.022 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6759 the Lieutenant Kyle G. West Post Of- lieutenant in December of 2005. In Jan- Cochran Boulevard FRNT in Port Charlotte, fice Building. I urge my colleagues to uary of 2006, Lieutenant West went to Florida, shall be known and designated as do the same. Fort Sill, Oklahoma, for officers train- the ‘‘Lieutenant Commander Roy H. Boehm I reserve the balance of our time. ing, and then in June of 2006 was as- Post Office Building’’. (b) REFERENCES.—Any reference in a law, Mr. BILBRAY. Mr. Speaker, I yield signed to Fort Hood, Texas, where he map, regulation, document, paper, or other myself such time as I may consume. was a field artillery officer for the 1st record of the United States to the facility re- Mr. Speaker, I rise today in support of this Cavalry Division, 3rd Brigade, 6th ferred to in subsection (a) shall be deemed to bill to designate the facility of the United Squadron, 9th Regiment, Apache be a reference to the ‘‘Lieutenant Com- States Postal Service located at 2300 Scenic Troop. Kile deployed to Iraq on October mander Roy H. Boehm Post Office Building’’. Drive in Georgetown, Texas as the ‘‘Kile G. 4th, 2006, and was promoted to first The SPEAKER pro tempore. Pursu- West Post Office Building.’’ lieutenant the morning before his ant to the rule, the gentleman from Kile Grant West was born on July 12, 1983, death on Memorial Day, May 28, 2007. Massachusetts (Mr. LYNCH) and the in Pasadena, Texas. He was an all American On a voluntary rescue mission to gentleman from California (Mr. guy who enjoyed Texas country music, a good save the crew of a downed helicopter, BILBRAY) each will control 20 minutes. barbeque, football, and his friends and family. his Bradley was hit by an IED en route The Chair recognizes the gentleman He was known as a goal orientated individual to save the pilots. Kile was due home from Massachusetts. who from the very early age of four, when he for R&R 2 weeks before his death and 6 GENERAL LEAVE started playing army, knew he wanted to join weeks before his 24th birthday. Kile re- Mr. LYNCH. Mr. Speaker, I ask unan- the military. ceived the Purple Heart and Bronze imous consent that all Members may Always a team player, he played four sports Star among his awards. He was also have 5 legislative days within which to at Hutto High School where he learned leader- honored with the Valor Award from his revise and extend their remarks. ship and the ability to succeed in a group. fraternity, Delta Chi. The SPEAKER pro tempore. Is there Lieutenant West attended Blinn Junior Col- This young man is one of those objection to the request of the gen- lege his freshman year and transferred to many, many American heroes that we tleman from Massachusetts? Stepehen F. Austin State University where he have seen go out and stand up for free- There was no objection. joined the SFA ROTC program as a junior and dom in the name of the United States Mr. LYNCH. Mr. Speaker, I yield my- simultaneously became a sergeant in the Na- of America. I would ask that we pass self such time as I may consume. tional Guard in Lufkin. H.R. 2422, naming the post office in Mr. Speaker, on behalf of the Com- He was also very active on campus as the Georgetown, Texas, after this young mittee on Oversight and Government secretary of Delta Chi Fraternity where he was warrior. Reform, I stand for the consideration asked to serve as president, but he declined Mr. BILBRAY. Mr. Speaker, we have of H.R. 2470, legislation that designates to focus on his military career. no further speakers, and I yield back the United States Postal Service facil- After graduating from college in 2005, he the balance of my time. ity located at 19190 Cochran Boulevard, was assigned to Fort Hood and was deployed Mr. LYNCH. Mr. Speaker, in closing, FRNT, in Port Charlotte, Florida, as for Iraq on October 3, 2006. While stationed in I just join with the gentleman from the ‘‘Lieutenant Commander Roy H. Iraq, Lieutenant West was promoted to 1st Texas (Mr. CARTER) for the purpose of Boehm Post Office Building’’. lieutenant on Memorial Day, 2007. Sadly, that supporting this measure which will Introduced by Representative THOM- was the last day of life for this brave young honor First Lieutenant Kile West. AS J. ROONEY on May 18, 2009, and re- soldier. During combat action in Abu Sayda, I yield back the balance of our time. ported out of the Government Reform Iraq, Lieutenant West died while attempting to The SPEAKER pro tempore (Mr. and Oversight Committee on June 4, rescue the flight crew of a downed aircraft. CUELLAR). The question is on the mo- 2009, by unanimous consent, H.R. 2470 As a result of his heroic actions on that day, tion offered by the gentleman from enjoys the support of Florida’s entire May 28th, 2008, he was awarded the Army Massachusetts (Mr. LYNCH) that the House congressional delegation. Bronze Star for Heroism and the Purple Heart. House suspend the rules and pass the A longtime resident of Punta Gorda, The citizens of the United States and Lieu- bill, H.R. 2422, as amended. Florida, Lieutenant Commander Roy tenant West’s family and friends will forever be The question was taken; and (two- Boehm served with distinction in the proud of this man who stood and fought so thirds being in the affirmative) the United States Navy for over 30 years. bravely for his country. With gratitude for his rules were suspended and the bill, as Lieutenant Commander Boehm en- bravery and sacrifice to his country, I ask all amended, was passed. listed in the United States Navy in members to join me in supporting H.R. 2422, The title was amended so as to read: April of 1941 at the age of 17. His subse- so his memory, like those who served before ‘‘A bill to designate the facility of the quent and remarkable Navy career in- him, will not be forgotten. United States Postal Service located at cluded service in World War II, the Ko- Mr. LYNCH. Mr. Speaker, I reserve 2300 Scenic Drive in Georgetown, rean War and the Vietnam War, and re- my time. Texas, as the ‘Kyle G. West Post Office sulted in his receipt of nearly 30 mili- Mr. BILBRAY. Mr. Speaker, I yield Building’.’’. tary awards, including the Purple such time as he may consume to my A motion to reconsider was laid on Heart, the Bronze Star with Valor De- distinguished colleague from the great the table. vice and the Meritorious Service State of Texas (Mr. CARTER). f Medal. Mr. CARTER. Mr. Speaker, I thank LIEUTENANT COMMANDER ROY H. Notably, Lieutenant Commander the gentleman for yielding, and I thank BOEHM POST OFFICE BUILDING Boehm’s extensive combat experience both of my colleagues for going for- over the course of three wars led him ward on this resolution today for First Mr. LYNCH. Mr. Speaker, I move to to determine that highly specialized Lieutenant Kile G. West. suspend the rules and pass the bill and diverse training would give his As has been said, Kile G. West died (H.R. 2470) to designate the facility of men a significant tactical advantage in with four other soldiers on May 28, the United States Postal Service lo- the conduct of unconventional warfare. 2007, in Abu Sayda, Iraq. This happened cated at 19190 Cochran Boulevard Accordingly, in 1960, Lieutenant Com- when an improvised explosive device FRNT in Port Charlotte, Florida, as mander Boehm began developing, de- struck their vehicle. the ‘‘Lieutenant Commander Roy H. signing and assembling an elite special Kile graduated from Hutto High Boehm Post Office Building’’. operations unit within the United School in Williamson County, Texas, The Clerk read the title of the bill. States Navy that would later become The text of the bill is as follows: and went on to achieve the rank of ser- known as the Navy SEALs. In fact, geant in the Texas National Guard H.R. 2470 Commander Boehm was the first offi- while serving as a cadet in the ROTC Be it enacted by the Senate and House of Rep- cer in charge of the Navy SEAL team, program at Stephen F. Austin Univer- resentatives of the United States of America in Congress assembled, which is why he became known as the sity and serving as secretary of the first United States Navy SEAL. SECTION 1. LIEUTENANT COMMANDER ROY H. Delta Chi fraternity. BOEHM POST OFFICE BUILDING. United States Navy Admiral Whitey He graduated and took his oath into (a) DESIGNATION.—The facility of the Taylor acknowledged Lieutenant Com- the as a second United States Postal Service located at 19190 mander Boehm’s influence on the

VerDate Nov 24 2008 02:14 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.025 H15JNPT1 erowe on PROD1PC64 with HOUSE H6760 CONGRESSIONAL RECORD — HOUSE June 15, 2009 SEAL program in a 1997 letter to United States and, particularly, RECOGNIZING HILLEL Boehm where it says, ‘‘John F. Ken- through his participation in the cre- FOUNDATION nedy was right. The U.S. Navy SEALs ation of that group the world knows as Mr. SABLAN. Mr. Speaker, I move to will bear your mark as long as they the United States Navy SEALs. suspend the rules and agree to the reso- and the freedom they fight for con- I reserve my time. lution (H. Res. 493) recognizing the sig- tinues to exist,’’ wrote Admiral Taylor. Mr. LYNCH. Mr. Speaker, we have no nificant contributions of Hillel: The In addition to his distinguished mili- further speakers on this. I continue to Foundation for Jewish Campus Life to tary service, Lieutenant Commander reserve our time. college campus communities in the Boehm was equally admired for his Mr. BILBRAY. Mr. Speaker, at this United States and around the world. longstanding support of military vet- time I will yield back the remainder of The Clerk read the title of the resolu- erans within his Punta Gorda commu- my time. tion. nity. The text of the resolution is as fol- Regrettably, Lieutenant Commander Mr. LYNCH. I thank the gentleman lows: Boehm passed away on December 30, from California for his words in sup- 2008, at his Punta Gorda home at the port of this measure. H. RES. 493 age of 84. It is my hope that we can I also want to thank Congressman Whereas Hillel: The Foundation for Jewish somehow honor his outstanding legacy ROONEY for being the lead sponsor here, Campus Life was founded at the University and service to our country through the the gentleman from Florida. of Illinois, Urbana-Champaign in 1923 and In closing, I again urge my col- has become the world’s largest Jewish cam- passage of H.R. 2470 and by designating pus organization, serving Jewish college stu- the Port Charlotte Postal Facility on leagues to join me in honoring Lieuten- dents on over 500 campuses across the globe; Cochran Boulevard in his honor. ant Commander Roy Boehm for his Whereas Hillel has been an important part- I urge my colleagues to join me in good work through the passage of H.R. ner to universities by providing resources, supporting H.R. 2470. 2470. programs, and other forms of support to the I reserve the balance of my time. Mr. ROONEY. Mr. Speaker, I think it is ap- entire campus community; Mr. BILBRAY. Mr. Speaker, I yield propriate that my first bill to be considered on Whereas Hillel has been at the forefront of breaking down discriminatory barriers to myself such time as I may consume. the House floor is to honor a distinguished I rise today in support of H.R. 2470, students of all backgrounds on college cam- veteran who passed away in December of last puses for 85 years; legislation to have the United States year. Lieutenant Commander (LCDR) Roy Whereas Hillel has contributed to the Na- Post Office Building located at Port Boehm was a true American hero and long- tion’s preeminence in science, industry, and Charlotte, Florida, designated as the time resident of Punta Gorda, FL which I am the humanities by helping generations of Lieutenant Commander Roy H. Boehm honored to represent. students attain the dream of higher edu- Post Office. Mr. Boehm was a retired Navy Lt. Com- cation; Mr. Speaker, there are many accom- Whereas Hillel has contributed to United mander and was the first officer in charge of States history by providing armed service plishments that Lieutenant Com- SEAL Team 2, one of the original Navy SEAL mander Boehm made as he served this personnel with counseling prior to World teams. Many would say that he was the first War II, welcoming GIs back to campus fol- country in many ways, as the gen- SEAL. lowing the war, and sponsoring European ref- tleman from Massachusetts has point- H.R. 2470 names the post office located at ugees on campuses during and after the war, ed out. But for me personally, as some- 19190 Cochran Blvd. in Port Charlotte after including the late Chairman of the House body who grew up in a neighborhood Foreign Affairs Committee Tom Lantos; Lieutenant Commander Boehm. LCDR Boehm full of United States SEAL team mem- Whereas Hillel has educated students enlisted in the Navy in 1941 and fought during bers, the San Diego area and specifi- about American values and has helped them World War II, Korea and Vietnam. In 1942, he cally the Coronado area, I would just to provide leadership for social justice participated in the Battle of Cape Esperance like to say that Commander Boehm is causes, including the civil rights movement, and Guadalcanal during WWII. He also was the campaign to free Soviet Jewry, the effort going to go down in history as a man involved in action in Kerama Reto and Oki- to stop the genocide in Darfur, and the pro- who transformed what was the UDT, nawa. motion of AIDS Awareness and interfaith basically the Underwater Demolition understanding; Team, transformed that concept into During his service, LCDR Boehm obtained Whereas Hillel has been at the forefront of what we know today as the SEALs. qualifications in deep sea diving, deep sub- educating campuses about Israel, an ally of I think today that we need to take mergence rescue chamber operator for sub- the United States; this action not just for the commander, marine rescue, experimental diving, and sal- Whereas Hillel has helped to provide stu- but for the men that serve every day as vage diving. He graduated from both Airborne dents with the tools to combat anti-Semi- tism on campus; and SEAL team members out there that and Ranger Training. In 1961, under orders from President Ken- Whereas Hillel continues to contribute you will not hear about. But their enormously to civil society by providing deeds are great and many. But we don’t nedy LCDR Boehm developed and launched service-learning opportunities for thousands hear about them, mostly because so the Navy’s elite Sea, Air, and Land forces unit of students in the United States and abroad: many of them are covert. known as the SEALs. LCDR Roy Boehm set Now, therefore, be it the standard for the Navy SEALs of today and Resolved, That the House of Representa- b 1530 he is missed. tives— I have to say that from everything, Mr. LYNCH. I yield back the balance (1) supports Hillel’s mission of service to from saving the victims of piracy to de- of our time. Jewish college students and partnership with the campus community; and fending our camps around the world, The SPEAKER pro tempore. The the SEALs have proven their value to (2) congratulates the students, lay leaders, question is on the motion offered by and professionals of the Hillel movement on this country. Commander Boehm made the gentleman from Massachusetts reaching its milestone 85th birthday. this possible, and I think that is why (Mr. LYNCH) that the House suspend The SPEAKER pro tempore. Pursu- it’s so appropriate that we join today the rules and pass the bill, H.R. 2470. in naming this post office. Today the ant to the rule, the gentleman from the The question was taken. Navy SEALs are known around the Northern Mariana Islands (Mr. SABLAN) world, but when the commander start- The SPEAKER pro tempore. In the and the gentlewoman from Washington ed, nobody even hardly knew what a opinion of the Chair, two-thirds being (Mrs. MCMORRIS RODGERS) each will UDT member was. And largely because in the affirmative, the ayes have it. control 20 minutes. of Commander Boehm, we can thank Mr. BILBRAY. Mr. Speaker, on that I The Chair recognizes the gentleman the entire service that we know now demand the yeas and nays. from the Northern Mariana Islands. today as the SEALs. The yeas and nays were ordered. GENERAL LEAVE I ask my fellow Members of Congress The SPEAKER pro tempore. Pursu- Mr. SABLAN. Mr. Speaker, I request to join me in honoring Commander ant to clause 8 of rule XX and the 5 legislative days during which Mem- Boehm by recognizing his many life Chair’s prior announcement, further bers may revise and extend and insert achievements, his valor, his contribu- proceedings on this motion will be extraneous material on H. Res. 493 into tion to the armed services of the postponed. the RECORD.

VerDate Nov 24 2008 02:14 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.028 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6761 The SPEAKER pro tempore. Is there dation upon which this organization Frankel, Hillel has grown to over 500 cam- objection to the request of the gen- was built. puses around the world. Today, Hillel of Illinois tleman from the Northern Mariana Is- It was founded in 1923 at the Univer- is active on 17 campuses across the state, in- lands? sity of Illinois Urbana-Champaign. It cluding three in my district alone, providing op- There was no objection. provided support to Jewish students portunities for Jewish students to explore their Mr. SABLAN. Mr. Speaker, I yield throughout the Depression, World War Jewish identity and create vibrant Jewish life myself as much time as I may con- II, and the Holocaust. In 1988 Hillel was on campuses. sume. reorganized, adopted a new mission Hillel plays a critical role in encouraging stu- Mr. Speaker, I rise today to recognize statement, and became the organiza- dents to be leaders in their communities, the significant contributions that tion we recognize today. championing causes including human rights Hillel: The Foundation for Jewish Cam- For 85 years, Hillel has supported and social justice. Hillel students have been pus Life has made towards colleges and Jewish expression and helped to break active on issues ranging from civil rights to universities around the United States. discriminatory barriers. Its mission is freeing Soviet Jewry; from halting genocide in Hillel began as an organization 85 to enrich the lives of Jewish under- Darfur to promoting the U.S.-Israel relation- years ago at the University of Illinois graduate and graduate students so that ship. Hillel provides students with the oppor- Urbana-Champaign. Benjamin Frankel they may enrich the Jewish people tunity to engage in their communities and developed the organization as an oppor- around the world. It provides resources around the world. tunity for Jewish students to affirm to college students, including grants, Today, 85 years after its founding, Hillel is their heritage during a time of anti- educational peer-organized trips and the largest Jewish campus organization in the Semitism. The advent of World War II, Jewish content. It also educates non- world. The organization has supported the and the horror of the Holocaust, only Jewish students to help break down re- broader Jewish community during times of further justified the need for Hillel as a ligious and cultural barriers. Hillel is trouble and tragedy and has celebrated the campus organization. open to any interested college student. community’s triumphs. For the past eight dec- During the war, Hillel counseled sol- Today, Hillel foundations are found ades, Hillel has helped Jewish students con- diers, welcomed GIs back to campus, in Israel, South America, and the nect with their history, culture, and identity at and sponsored European refugees. One former Soviet Republics. Affiliated or- a crucial moment of self-discovery in their own of these refugees was the late chairman ganizations are found in Australia, lives. of the House Foreign Affairs Com- Canada and Great Britain. Hillel stu- I urge my colleagues to join me in sup- mittee, Tom Lantos. dents around the world connect Jewish porting this resolution to recognize Hillel on its Today Hillel is the largest Jewish people and understand Jewish life. Over 85th anniversary. campus organization in the world. 600 Hillel professionals are at work Ms. JACKSON-LEE of Texas. Mr. Speaker, Hillel’s mission is to enrich the lives of around the world engaging Jewish stu- I stand here today to urge the passage of H. Jewish undergraduate and graduate dents. Res. 493, which recognizes the significant students so that they may enrich the By engaging Jewish students and contributions of Hillel: The Foundation for Jew- promoting understanding of non-Jew- Jewish people and the world. The orga- ish Campus Life to college campus commu- ish students, Hillel has been in the nization helps students grow spir- nities in the United States and around the forefront of combating anti-Semitism. itually, intellectually, and socially world. The Hillel program was founded at the In light of recent occurrences at the throughout their college years. Hillel University of Illinois, Urbana-Champaign in Holocaust Museum, we are reminded of prepares thousands of young adults to 1923 and has become the world’s largest Jew- how important organizations such as enter the world upholding the impor- ish campus organization, serving Jewish col- Hillel are. Organizations that encour- tant ideals of the Jewish faith. lege students on over 500 campuses world- age today’s young people to understand In addition to serving the Jewish wide. Since its inception, Hillel has been an each other and to fight discrimination community, Hillel serves as a beacon important partner to universities by providing are invaluable to future generations. for social justice causes that extend far I ask my colleagues to support this resources, programs, and other forms of sup- beyond the Jewish community. The or- resolution, and I reserve the balance of port to the entire campus community. For over ganization champions civil rights, end- my time. 80 years, Hillel has been at the forefront of ing the genocide in Darfur, AIDS Mr. SABLAN. Mr. Speaker, does the breaking down discriminatory barriers to stu- awareness, and interfaith dialogue and gentlewoman from Washington have dents of all backgrounds on college cam- understanding. Hillel is also an impor- any further speakers? puses. Hillel has sought to promote racial tol- tant campus advocate for Israel, edu- Mrs. MCMORRIS RODGERS. I have erance and equality, and for its accomplish- cating college students about their no additional requests for time. I urge ments in this arena, Hillel should be recog- country’s important relationship with my colleagues to support the legisla- nized. Israel. Through these outreach and ad- tion, and I yield back the balance of Moreover, Hillel has been at the forefront in vocacy efforts, Hillel communicates to my time. contributing to the Nation’s achievements in our Nation and the world the highest Mr. SABLAN. Mr. Speaker, I would science, industry, and the humanities by help- values of the Jewish community. like to thank the gentlewoman from ing generations of students attain the dream of Mr. Speaker, I encourage everyone to Washington also for her fine statement higher education. This incredible and multi-fac- take a moment and appreciate the con- and support of H. Res. 493. eted program has made its mark on United tributions made by Hillel. I urge my I have no further speakers. I encour- States history by providing armed service per- colleagues to pass this resolution. age our Members to support H. Res. 493. sonnel with counseling prior to World War II, I reserve the balance of my time. Ms. SCHAKOWSKY. Madam Speaker, I rise welcoming GIs back to campus following the Mrs. MCMORRIS RODGERS. Mr. today in strong support of H. Res. 493, recog- war, and sponsoring European refugees on Speaker, I yield myself such time as I nizing the significant contributions of Hillel: campuses during and after the war, including may consume. The Foundation for Jewish Campus Life on the late Chairman of the House Foreign Affairs Mr. Speaker, I rise today in support college campus communities in the United Committee, Tom Lantos. of House Resolution 493, which would States and around the world. I would like to In the realm of social justice issues, Hillel recognize the significant contributions thank my colleague Congressman KLEIN for in- has educated students and has helped them of Hillel: The Foundation for Jewish troducing this important resolution and for all to provide leadership for the civil rights move- Campus Life to college campus commu- of his work to celebrate Jewish life and fight ment, the campaign to free Soviet Jewry, the nities in the United States around the anti-Semitism. effort to stop the genocide in Darfur. As a world. This past weekend, Hillel marked its 85th Member of the Foreign Affairs Committee, and Hillel is a Jewish Campus Life orga- anniversary. Every day, for the past 85 years, Subcommittee on Africa and Global Health, I nization that has provided support and Hillel has worked to fulfill its mission of enrich- have worked tirelessly to pass legislation that education to Jewish and non-Jewish ing the lives of Jewish undergraduate and will halt the genocide in Darfur. The crimes students around the world. It was origi- graduate students, helping them to become being committed against the people of Sudan nally named after a sage who moved leaders in their communities. are unimaginable, and we must not for a mo- from Babylonia to Palestine in the Founded at the University of Illinois, Ur- ment forget that they are ongoing. This is an first century. His wisdom is the foun- bana-Champaign in 1923 by Rabbi Benjamin issue I hold near to me, and I commend Hillel

VerDate Nov 24 2008 03:24 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\K15JN7.031 H15JNPT1 erowe on PROD1PC64 with HOUSE H6762 CONGRESSIONAL RECORD — HOUSE June 15, 2009 for taking on this important and necessary re- Resolved, That the House of Representa- Today, home visiting programs are form. tives— great ways to inform parents about the Hillel has continued to promote AIDS (1) commends the millions of fathers who resources they have available. These serve as a wonderful, caring parent for their programs work closely with parents to Awareness and interfaith understanding, and children; has been at the forefront of educating cam- (2) calls on fathers across the United help fathers and mothers support their puses about Israel, an ally of the United States to use Father’s Day to reconnect and children’s development. States. Such wide reaching tenets of social re- rededicate themselves to their children’s H. Res. 428 commends the millions of form are to be commended, applauded and lives, to spend Father’s Day with their chil- fathers who serve as a wonderful, car- recognized. H. Res. 493 achieves all three. dren, and to express their love and support ing parent for their children. As Fa- In further promulgation of tolerance and re- for their children; ther’s Day approaches on June 21, this spect, Hillel has helped to provide students (3) urges men to understand the level of re- legislation asks fathers to take time sponsibility fathering a child requires, espe- out to reconnect with their children. with the tools to combat anti-Semitism on cially in the encouragement of the mental, campus; and Hillel continues to contribute Father’s Day can be used to express moral, social, academic, emotional, physical, love and support for their children. enormously to civil society by providing serv- and spiritual development of children; and ice-learning opportunities for thousands of stu- (4) encourages active involvement of fa- I also want to note that my wife, An- dents in the United States and abroad. thers in the rearing and development of their drea, and my daughter, Patricia, are I stand here today, as a supporter of Hillel’s children, including the devotion of time, en- here in the House gallery today. My mission of service and education to Jewish ergy, and resources. son, Jesse, will be here soon as well. college students and beyond, and as a partner The SPEAKER pro tempore. Pursu- Celebrating Father’s Day with the with college campus communities, and I con- ant to the rule, the gentleman from the three of them here in Washington will gratulate the students, lay leaders, and profes- Northern Mariana Islands (Mr. SABLAN) make the holiday especially meaning- sionals who are part of the Hillel movement on and the gentlewoman from Washington ful for me this year, and I am grateful reaching its milestone 85th birthday. (Mrs. MCMORRIS RODGERS) each will to have this time to spend with my Mr. SABLAN. I yield back the bal- control 20 minutes. children. Let us celebrate Father’s Day and ance of my time. The Chair recognizes the gentleman recognize our Nation’s great fathers The SPEAKER pro tempore. The from the Northern Mariana Islands. who, every day, are making important question is on the motion offered by GENERAL LEAVE contributions in the lives of their chil- the gentleman from the Northern Mar- Mr. SABLAN. Mr. Speaker, I request dren. iana Islands (Mr. SABLAN) that the 5 legislative days during which Mem- Mr. Speaker, once again, I express House suspend the rules and agree to bers may revise and extend and insert my support of House Resolution 428, the resolution, H. Res. 493. extraneous material on H. Res. 428 into wish fathers across this country a very The question was taken; and (two- the RECORD. The SPEAKER pro tempore. Is there happy Father’s Day, and acknowledge thirds being in the affirmative) the objection to the request of the gen- the importance of fathers in the United rules were suspended and the resolu- tleman from the Northern Mariana Is- States. tion was agreed to. lands? I want to thank Representative A motion to reconsider was laid on There was no objection. MCINTYRE for bringing this resolution the table. Mr. SABLAN. Mr. Speaker, I yield forward. f myself as much time as I may con- I reserve the balance of my time. Mrs. MCMORRIS RODGERS. Mr. RECOGNIZING CONTRIBUTIONS OF sume. Mr. Speaker, I rise today in support Speaker, I yield myself such time as I FATHERS of House Resolution 428, which recog- may consume. Mr. SABLAN. Mr. Speaker, I move to nizes the immeasurable contributions Mr. Speaker, I rise today in support suspend the rules and agree to the reso- fathers make in the healthy develop- of House Resolution 428, which recog- lution (H. Res. 428) recognizing the im- ment of children. On June 21, our Na- nizes the immeasurable contributions measurable contributions of fathers in tion will celebrate Father’s Day. Many of fathers in the healthy development the healthy development of children, times fathers know just what to say at of children, supporting reasonable and supporting responsible fatherhood, and the most delicate times in our lives. responsible fatherhood, and encour- encouraging greater involvement of fa- They encourage their children to do aging greater involvement of fathers in thers in the lives of their children, es- their best and show them their dreams the lives of their children, especially pecially on Father’s Day. are possible. Fortunately, involved fa- on Father’s Day. The Clerk read the title of the resolu- thers can help prepare children to suc- b 1545 tion. ceed in school, enhance children’s emo- The text of the resolution is as fol- tional development, and reduce child- Here is a quote: ‘‘One father is more lows: hood poverty. By playing a significant than a hundred schoolmasters.’’ George Herbert, the English clergy- H. RES. 428 role in the lives of children, active fa- thers provide additional support for man and poet, made this statement Whereas fathers factor significantly in the hundreds of years ago, but it still rings lives of children; children to succeed. Whereas fathers play an important role in Fathers create great memories with true today. The presence of a father is teaching their children life lessons and pre- their children. By going to ball games, one of the most important factors in a paring them to succeed in school and in life; ballet recitals, school events, and other child’s life. In fact, research has con- Whereas children with involved fathers are similar activities, fathers can generate sistently shown that the presence of more likely to do well in school, have a bet- lasting memories for their kids. Fa- two committed, involved parents di- ter sense of well-being, and have fewer be- thers, as role models and mentors, help rectly contributes to better academic havioral problems; youth reach their potential. performance, reduced substance abuse, Whereas supportive fathers promote the less crime and delinquency, fewer emo- positive physical, social, emotional, moral, Unfortunately, many children grow and mental development of children; up without fathers. Actually, 25 mil- tional and other behavioral problems, Whereas promoting responsible fatherhood lion children, one out of three, grow up less risk of abuse or neglect, and a can help increase the chances that children in homes in which their biological fa- lower risk of teen suicide. will grow up with two caring parents; thers do not live. These children are Research conducted by the National Whereas, when fathers are actively in- significantly more likely to live in pov- Fatherhood Initiative shows that 24 volved in the upbringing of children, the erty, drop out of school, and engage in million children do not live with their children demonstrate greater self-control risky behavior. biological fathers, that nearly 20 mil- and a greater ability to take initiative; It’s imperative that our Nation sup- lion live in single-parent households Whereas responsible fatherhood can help and that about 40 percent of children in reduce child poverty; port parents in their efforts to raise Whereas responsible fatherhood strength- their children. Parenting is an essen- father-absent homes have not seen ens families and communities; and tial part of a child’s development, and their fathers at all in the past year; 26 Whereas Father’s Day is the third Sunday both mothers and fathers should be percent of absent fathers live in dif- in June: Now, therefore, be it best equipped to raise their children. ferent States than their children, and

VerDate Nov 24 2008 03:12 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.044 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6763 50 percent of children living absent back this close memory of my father, (2) Off-campus school trips comprise an in- their fathers have never set foot in who is 8,000 miles away at this time. I tegral part of the educational experience for their fathers’ homes. will call him up after this, later on our Nation’s students. Each year millions of These figures are sobering and serve today. students enjoy these trips, which provide them with invaluable learning opportunities to remind us all of the importance of I have no further speakers. I do en- outside the classroom. promoting fatherhood in the country. courage everyone to please support H. (3) There exists no Federal law requiring Our communities, churches and fami- Res. 428. public schools to develop safety plans for off- lies must work to ensure that every Mr. MCINTYRE. Mr. Speaker, I rise in strong premises, overnight, school-sponsored trips. child in the United States grows up support of H. Res. 428, a resolution that rec- SEC. 3. SCHOOL SAFETY PLAN. with the love, involvement and com- ognizes the immeasurable contributions of fa- (a) REQUIREMENTS FOR LOCAL EDUCATIONAL mitment of a responsible father. thers in the healthy development of children, AGENCIES.—Each local educational agency Fathers also have a responsibility to supports responsible fatherhood, and encour- that receives funds under part A of title IV set aside quality time with their chil- ages greater involvement of fathers in the of the Elementary and Secondary Education dren in ways that can contribute to the lives of their children, especially on Father’s Act of 1965 (20 U.S.C. 7101 et seq.) shall de- velop and make publicly available a written well-being of their sons and daughters. Day. school safety policy for off-premises, over- Fathers need to realize that the time Six days from now, our nation will celebrate night field trips. they spend with their children is really the special place that fathers have in our (b) GUIDANCE FROM SECRETARY OF EDU- an investment in them. While each fa- country. CATION.—Congress encourages the Secretary ther is a unique person who parents in From helping with homework to playing ball of Education to provide guidance to local his own style, there are some charac- to reading a book to offering advice and sup- educational agencies described in subsection teristics that good fathers have in com- port and to just listening, each and every day (a) by taking the steps necessary, such as mon. fathers of all ages contribute to the mental, hosting a conference of interested parties, to moral, and spiritual development of children, assist in developing a model school safety We all know that fathers play a sig- policy that meets the requirements de- nificant role in shaping the characters teenagers, and adults. scribed in such subsection. of their children. By spending time According to the National Fatherhood Initia- The SPEAKER pro tempore. Pursu- with their sons and daughters, being tive, children with involved, loving fathers are ant to the rule, the gentleman from the stern yet fair disciplinarians and by significantly more likely to do well in school, Northern Mariana Islands (Mr. SABLAN) listening to their experiences, fathers have a healthy self esteem, exhibit empathy and the gentlewoman from Washington mold and shape children into the men and good behavior, and avoid high risk activity (Mrs. MCMORRIS RODGERS) each will and women the children will become. such as drug use and criminal activity. control 20 minutes. As advisers and role models, fathers H. Res. 428 recognizes the commitment of The Chair recognizes the gentleman help their children to understand the fathers, and the wonderful work that both par- from the Northern Mariana Islands. difference between right and wrong and ents do on behalf of their kids, and I encour- how the decisions they make today can age my colleagues to join with us as we all re- GENERAL LEAVE affect the rest of their lives. By dem- commit ourselves to being the best father we Mr. SABLAN. Mr. Speaker, I request onstrating true leadership, fathers in- can to children everywhere. 5 legislative days during which Mem- still important values and prepare And in conclusion, I would like to publicly bers may revise and extend their re- their children for the challenges and thank my father for the great example he has marks and insert extraneous material opportunities ahead. Their love and de- been to me and for the dedication and support on H.R. 729 into the RECORD. votion inspire the future generation of he has shown in my every endeavor. The SPEAKER pro tempore. Is there Americans to achieve their dreams and It is because of his support and love that I objection to the request of the gen- demonstrate the true spirit of our have been a devoted son to my father who tleman from the Northern Mariana Is- country. taught me so much, as well as finding great lands? A father is one of the most important joy in being a committed father of two. There was no objection. influences in a child’s life. I want to Mr. SABLAN. I yield back the bal- Mr. SABLAN. I yield myself as much commend the millions of fathers who ance of my time. time as I may consume. are wonderful, caring parents to their The SPEAKER pro tempore. The Mr. Speaker, I rise today in support children. I also want to challenge those question is on the motion offered by of H.R. 729, which is a bill that helps who are not to reconnect and to rededi- the gentleman from the Northern Mar- keeps students safe on school-run, cate themselves to their children’s iana Islands (Mr. SABLAN) that the overnight, off-premises field trips. lives. I urge all fathers to understand House suspend the rules and agree to In April 2007, Phylicia Moore, a high the level of responsibility they have the resolution, H. Res. 428. school senior, died while participating emotionally, physically and spir- The question was taken; and (two- in a field trip in Ghana. Her death, itually. On Father’s Day and every thirds being in the affirmative) the ruled an accident by authorities in day, we honor our fathers and celebrate rules were suspended and the resolu- Ghana, is undergoing further investiga- them. tion was agreed to. tion by the Federal Bureau of Inves- I am honored to rise today to support A motion to reconsider was laid on tigation. The tragedy of Phylicia’s this resolution. I ask my colleagues to the table. death exposed a flaw in the system, and support it. f it has served as a reminder of the im- I reserve the balance of my time. PHYLICIA’S LAW portance of having procedures in place Mr. SABLAN. Mr. Speaker, does the when students participate in overnight Mr. SABLAN. Mr. Speaker, I move to gentlewoman from Washington have field trips. suspend the rules and pass the bill any further speakers? The legislation put forward today (H.R. 729) to help keep students safe on Mrs. MCMORRIS RODGERS. No, I do will go a long way towards keeping stu- school-run, overnight, off-premises not. dents safe. This bill requires school dis- field trips, as amended. Does the gentleman have anymore tricts to receive money through the The Clerk read the title of the bill. speakers? Safe and Drug-Free Schools program to The text of the bill is as follows: Mr. SABLAN. No, I do not. develop and make public school safety I reserve the balance of my time. H.R. 729 policy for off-premises, overnight field Mrs. MCMORRIS RODGERS. Mr. Be it enacted by the Senate and House of Rep- trips. The bill would further encourage Speaker, I have no additional requests resentatives of the United States of America in the Secretary of Education to develop Congress assembled, for time. I urge my colleagues to sup- model school safety plans and to dis- SECTION 1. SHORT TITLE. seminate those best practices to school port the resolution. This Act may be cited as ‘‘Phylicia’s Law’’. I yield back the balance of my time. districts. SEC. 2. FINDINGS. Mr. SABLAN. Mr. Speaker, I would Congress finds the following: Trips, like the one that Phylicia took just like to commend the gentlewoman (1) Students achieve their full academic to Ghana, are intended to change stu- from Washington for such eloquent potential when they have the ability to learn dents’ lives for the better. It is impor- statements about fathers, which brings in a safe and secure environment. tant to expose our young people to

VerDate Nov 24 2008 04:22 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.034 H15JNPT1 erowe on PROD1PC64 with HOUSE H6764 CONGRESSIONAL RECORD — HOUSE June 15, 2009 learning experiences outside the class- around a hotel pool to go to her room First, I want to take time to thank room, but we must ensure their safety to change. She was found 11 hours later my friend, the Education and Labor at the same time. Phylicia had worked at the bottom of the pool. Chaperones Chairman GEORGE MILLER. Earlier this a part-time job to cover the cost of the initially said they had checked on the year, Chairman MILLER took time from trip, and had raised money for an or- students in their rooms the night be- his schedule to meet with Phylicia phanage and for an AIDS charity in fore, but later admitted they had not. Moore’s parents, Lola and Douglas Ghana. Unfortunately, she was never Phylicia would probably be here today Moore, and with Phylicia’s brother, able to experience the country. She if the buddy system or other protec- Christopher. Chairman MILLER heard passed away on the first night of the tions had been in place. their heartbreaking story. The legisla- trip. Experts say that there are a number tion we have before us today is a testa- I want to thank Lola and Douglas of best practices a school should follow ment to his leadership and to his com- Moore, the parents of Phylicia, whose while on a field trip. It is important for passion. hard work has brought national atten- chaperones to know the children in I also want to acknowledge the role tion to this issue. They have worked their care. All chaperones should have played by Secretary of Education Arne through their grief and, fueled by the a concise list of the participants’ Duncan. He also personally met with tragic loss of their child, have toiled names, addresses and phone numbers so the Moores. He and his staff have sug- tirelessly to keep other parents from their parents or guardians can be gested several important improve- experiencing a similar loss. With pas- reached during the hours the chap- ments to the bill. I am deeply grateful sage of this bill, Congress has the op- erones are responsible for their chil- for his personal involvement. portunity to join with this family to dren. A student’s information should I would also like to thank Ranking prevent future tragedies. identify whether he or she has mental, Member MCKEON and my colleagues on Mr. Speaker, once again, I express physical or emotional special needs. the other side of the aisle for their bi- my support for Phylicia’s Law. I thank The more chaperones know about the partisan support of this very important Representative ROTHMAN for his dedi- students in their care the easier it will legislation. I would also like to recognize and to cation in bringing this bill to the floor, be for them to feel confident that they express my gratitude for the endorse- and I urge my colleagues to pass this can head off potential trouble and can ments of the National Parent Teacher important law. keep everyone on the field trip safe at Association, the National Education I reserve the balance of my time. all times. Association and the National School Mrs. MCMORRIS RODGERS. I yield A second key to field trip safety is Boards Association for this important myself such time as I may consume. having students look out for each bill. Mr. Speaker, I rise today in support other. It is important for chaperones to of H.R. 729, Phylicia’s Law, which Phylicia’s Law bears the name of a have their eyes on the children at young woman from my district who would require school districts that re- every moment possible, but it is impos- ceive funds under the Safe and Drug- was taken from us much too soon. sible for them to respond to every ques- Phylicia Moore was an 18-year-old high Free Schools program to develop and tion and to meet every need that make public a written, district-wide school student from Teaneck, New Jer- arises. Regardless of age, having stu- sey, who died in April 2007 while on a school safety plan governing off-prem- dents use the buddy system is impor- school-sponsored trip to Ghana. ises, overnight field trips. tant so that someone is always ac- Today, however, is not about the As I am sure many of my colleagues countable for the other’s whereabouts. past. We are here to talk about the fu- are aware, school field trips are an im- Overnight trips should have reason- ture and what we can do to help ensure portant component of student learning able curfews in place that are adhered that no more parents endure what in the education system. Almost every to. Room checks should be conducted Douglas and Lola Moore have gone school in the country has programs in by chaperones on a regular basis, and through. It is the culmination of the place that take elementary and sec- emergency procedures should be in Moores’ hard work, the dedication to ondary school students to parks, to place should a serious injury or death their daughter and to her memory, and museums, to nature centers, and to occur. These policies will help ensure their desire that no other parents suf- other outdoor settings that provide an that the trip will be safe and enjoyable fer as they have that brings us to this important contribution to the learning for all involved. moment on the floor of the United process. Mr. Speaker, this bill does not speci- States House of Representatives. Researchers have documented the fy a particular policy that schools As a parent myself, when I send my cognitive and effective benefits of field must follow when conducting a field children to school, I expect them to be trips, including an increased motiva- trip, but it would merely require school safe. I expect them to be just as safe tion for learning, a more positive atti- districts that receive funds under the when the school takes them on a field tude towards science and the acquisi- Safe and Drug-Free Schools program to trip off school premises. Public school tion of knowledge and skills. Further, develop and make public a written, dis- districts are now required to have safe- field trips can stimulate interest in a trict-wide school plan governing off- ty plans and security procedures in student’s future career and can result premises, overnight field trips. Wheth- place for the physical campus of their in an improved attitude toward school. er on or off campus, we all know that schools. However, there are no such re- At the same time, many schools and students achieve their full academic quirements when schools take students school districts also sponsor overnight potential when they have the ability to off campus for field trips or for any field trips, such as overnight camping learn in a safe and secure environment. other reason. Phylicia’s Law will fix trips or academic events, where stu- This bill will help ensure that learning this dangerous omission. dents travel sometimes long distances opportunities outside the school cam- to compete with other students. In pus can be experienced safely. b 1600 these situations, it is vitally important I would ask all of my colleagues to Phylicia’s Law will require school that school districts have safety plans support H.R. 729. districts to develop a safety policy for in place so that the students can feel I reserve the balance of my time. overnight school trips. However, the safe. It is important that there are Mr. SABLAN. Mr. Speaker, I am bill as written still gives individual policies in place to address emergency pleased to recognize the gentleman schools the leeway to determine their situations that may occur. from New Jersey (Mr. ROTHMAN) for 8 own plans and procedures, which par- The sobering reality of the reason minutes. ents will then be able to review before this bill is on the floor today is due to Mr. ROTHMAN of New Jersey. I the parents decide if the school district the tragic circumstances that came to thank the gentleman for the time. has the right security plan for their light after a student lost her life while Mr. Speaker, today, we consider leg- child sufficient to allow a parent in on a 2-week field trip to Ghana with islation that is an important step in good conscience to let their child take her class. Eighteen-year-old Phylicia protecting our young people as they this off-campus school trip. Moore was last seen at 10:30 p.m. on come to explore this amazing world Given that schools already know how April 15, 2007, when she left a group that we live in. to devise their security plans for on-

VerDate Nov 24 2008 03:12 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.036 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6765 campus events, this new requirement been more direction from the local should not be expanded. However, there for off-campus events should not be school, from the school board. I know are many, many instances—whether it overly burdensome. On the contrary, I from my own circumstances growing be clean water standards or clean air think this new requirement should be up going to school in a public school, standards or seatbelt standards for welcome as a plan and set of proce- the school board wouldn’t allow us to cars; the list is endless—to protect the dures that will help protect everyone take 2-week trips, and had anyone been public safety and good health of our on their trip. allowed to take such a field trip, then people that the Federal Legislature, With plans and procedures in place, they would likely have been defeated made up of 435 of us from all over the there will be a blueprint for chap- in the next school board election, be- country, provide the minimum stand- erones, for their trip leaders, for stu- cause if you look at the Constitution, ards of safety that we wish to have in dents, and for parents, all of whom will the Founders realized the best control each of the 50 States. want to know what individual roles is local control for so many of these But recognizing the general intention and responsibilities there are on this issues. of the gentleman’s objection, we trip and what will happen should trag- There needs to be accountability. changed the law to make it even more edy strike. We need Phylicia’s Law to There should be accountability. I got local community friendly this way. We not only keep children safe but help into a rather testy discussion with our said, We’re not going to tell the local schools to continue to offer important former Secretary of Education, Sec- school districts what plan to have. off-campus learning activities. retary Spellings, because Secretary Whatever plan they come up with is Off-campus school trips are an impor- Spellings, as did our immediately pre- fine, period. All we require them to do tant part of the educational experience vious President, wanted to engage and is to have a plan or not have a plan but of our Nation’s students. Each year, dictate educational policy to the local simply tell the parents, We have no millions of our young people enjoy schools. I didn’t agree with that. I felt plan, or, Here is our plan. This is to these trips. They provide students with it was inappropriate. empower parents to make an informed invaluable learning opportunities out- Secretary Spellings at one point said, judgment as to whether they want to side the classroom. Keeping our stu- Well, if you liked what I did when I was put their children’s safety in the hands dents safe is paramount, but we also in Austin, you ought to love what I’m of this particular school district if and need to continue to provide these es- doing in Washington. I said, No, be- when the school district decides they sential off-campus educational experi- cause the 10th Amendment says that if want to go on a school trip. I think ences. a power is not specifically enumerated, that’s why it has received bipartisan Phylicia Moore was in Ghana on a it’s reserved to the States and the peo- support. goodwill trip. She was there to help ple. When you were in Austin, you were I’m a former local mayor, former others. She was a good, caring person. part of the State. It was a reserved judge myself, and I’m very sensitive to She was brave. She was filled with power for you. At this time, though, too much intrusion in the local deci- light. When speaking with Phylicia’s you’re acting outside that parameter, sionmaking. This simply says to the parents, Douglas and Lola Moore, it is and I don’t appreciate all of the dicta- school districts have a plan or don’t easy to see how much loved Phylicia tion from Washington. It was true have a plan, but you have got to tell the parents and let them make their was. Douglas and Lola’s love helped under the previous administration and judgment on the validity of the plan so make Phylicia the wonderful young it’s true today. It was true when the that they can decide, as a parent, then, woman she had become. It is with a Constitution was founded. heavy heart that I stand here today be- I think the tribute to Phylicia Moore whether they want to go forth. This is not just a tribute to Phylicia, cause nothing will bring this wonderful is well-deserved. She sounds like a although it is in some part. It is an ef- young woman back. But I commend wonderful young lady, and there is no fort to prevent these tragedies from Phylicia’s parents, Douglas and Lola way there could be adequate compensa- happening again. That’s why the Na- Moore, coming to me about Phylicia’s tion or action to lessen the hurt ade- tional Parent-Teacher Association, the Law, for caring about other parents quately of those who loved her and suf- National School Boards Association, and children, and I hope that we can fered from her loss. But here again, and the National Education Associa- get Phylicia’s Law passed for them, for this would usurp further what the pre- tion, as well as colleagues on both sides their daughter, and to make sure that vious administration did in dictating of the aisle, have supported it. parents across the country never have local policy. And I understand the I thank the gentleman for yielding. to face the pain that the Moores will amendment now simply requires that a Mr. GOHMERT. Thank you, and re- continue to live with. policy be put in place, and that’s bet- claiming my time, I did want to yield I urge my colleagues to stand up for ter, but we know in the days ahead how to you because I wasn’t sure with the students and parents across this coun- that normally works, then someone way the conversation was going if you try by supporting this bill. else more zealous comes forward and had adequate time to respond, and I Mrs. MCMORRIS RODGERS. Mr. says, And the policy must include this wanted to give you the chance and Speaker, I would like to yield such and this and this. have the time to do so. time as he may consume to the gen- So I still believe the best school con- And I do appreciate the gentleman’s tleman from Texas (Mr. GOHMERT). trol is local control, State control, and position. And I would say that if it per- Mr. GOHMERT. Mr. Speaker, it is holding school board members respon- tained to school trips, field trips that heartwarming and touching to hear the sible to the local electorate. crossed State lines, and particularly tribute to Phylicia Moore by my col- I would support any tribute to here where it went to another country, league from New Jersey, a very touch- Phylicia Moore and to the efforts this certainly I would join in support for ing and well-deserved tribute. This bill wonderful young lady was trying to perhaps even further requirements obviously is borne out of the noblest of exert on behalf of others, but I would than the minimum that has been of- intentions and came, unfortunately, oppose another dictation from Wash- fered here. from a tragic consequence. ington on what a local school board But since that’s not the case, I would Obviously, the intention here is to must do. Let’s keep that control back be in opposition to a further dictation safeguard our schoolchildren. Could in the local school board. from Washington of any requirements there be any more noble intention? The And I see my friend from New Jersey and would encourage every single per- effect, though, unfortunately, is to fur- is ready to speak. I yield to the gen- son, Mr. Speaker, in America to start ther take the Federal Government into tleman. monitoring your local school board. the local schools—we’ve already Mr. ROTHMAN. I thank the gen- Hold them accountable, and if they’re intruded greatly into the local tleman. taking actions that are irresponsible, schools—and tell them what they must The gentleman has expressed, I negligent, inappropriate, then fire do. think, an important concern with re- them by electing someone else. Initially, it’s to come up with a plan. gards to those powers that are not Mr. SABLAN. Does the gentlewoman There should be a plan. There should deemed already provided to the Federal from Washington have any additional have been a plan. There should have Government with regards to the State speakers?

VerDate Nov 24 2008 03:12 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.038 H15JNPT1 erowe on PROD1PC64 with HOUSE H6766 CONGRESSIONAL RECORD — HOUSE June 15, 2009 Mrs. MCMORRIS RODGERS. I have extraneous material on H.R. 780 into Act of 2009, which was introduced by no further speakers. the RECORD. my friend and colleague, Representa- I urge my colleagues to support the The SPEAKER pro tempore. Is there tive ADAM PUTNAM. resolution legislation. objection to the request of the gen- This bill will allow local education I yield back the balance of my time. tleman from the Northern Mariana Is- agencies that receive Federal funds Mr. SABLAN. Mr. Speaker, again, I lands? under the Safe and Drug Free Schools urge my colleagues from both sides of There was no objection. State Grants program and the Edu- the aisle to support H.R. 729, as amend- Mr. SABLAN. Mr. Speaker, I yield cation Technology State Grants pro- ed. myself as much time as I may con- gram to spend those dollars on devel- I yield back the balance of my time. sume. oping and implementing programs that The SPEAKER pro tempore. The Mr. Speaker, I rise today in support promote the safe use of the Internet by question is on the motion offered by of the Student Internet Safety Act of students. This important bill would the gentleman from the Northern Mar- 2009. In a world where we rely on the allow school districts to use Federal iana Islands (Mr. SABLAN) that the Internet for a variety of purposes, in- funds to educate their students about House suspend the rules and pass the cluding education, we need to ensure appropriate online behavior, including bill, H.R. 729, as amended. that today’s youth are taught how to interacting with individuals on social The question was taken. safely navigate the World Wide Web. networking Web sites and in chat The SPEAKER pro tempore. In the Recent research shows that 93 per- rooms. They could also use the funds to opinion of the Chair, two-thirds being cent of all children between the ages of protect students against online preda- in the affirmative, the ayes have it. 12 and 17 are online. Additionally, the tors, cyberbullying, or unwanted expo- Mr. GOHMERT. Mr. Speaker, on that average child between the ages of 2 and sure to inappropriate materials, or pro- I demand the yeas and nays. 11 years old views more online video mote involvement by parents in the The yeas and nays were ordered. than his or her parents. Clearly, it is use of the Internet by their children. The SPEAKER pro tempore. Pursu- time that we ensure children are The Internet is a technological ad- ant to clause 8 of rule XX and the taught healthy, safe and smart ways to vancement that can be extremely use- Chair’s prior announcement, further utilize their time online. ful for students, educators, and par- proceedings on this motion will be Too often our news is filled with sto- ents. Today, almost every public school postponed. ries of students falling victim to in the United States has Internet ac- cess, and 79 percent of high school stu- f cyberbullying, cyberstalking, and other forms of online harassment. With dents use the Internet on a daily basis, STUDENT INTERNET SAFETY ACT students’ use of online social net- including looking for information to OF 2009 assist them with their school work. working sites growing at a very rapid These statistics are impressive and Mr. SABLAN. Mr. Speaker, I move to pace and an abundance of material in- would have been unheard of a decade suspend the rules and pass the bill appropriate for children on the Inter- ago, but they demonstrate the chang- (H.R. 780) to amend the Elementary net, these threats show no sign of de- ing nature of technology in our Na- and Secondary Education Act of 1965 to creasing. We must begin taking steps promote the safe use of the Internet by tion’s schools. to provide our children with guidance Today’s youngest generation is the students, and for other purposes, as and instructions on how to be safe in amended. first generation to be born into a world an increasingly digital world. By pro- proliferated by the Internet. These stu- The Clerk read the title of the bill. moting programs that educate children The text of the bill is as follows: dents use the Internet almost every on Internet safety and increased paren- day. From email, to social networking H. R. 780 tal involvement, the Student Internet sites, to online interactive teaching fo- Be it enacted by the Senate and House of Rep- Safety Act will help us begin to stem rums, online encyclopedias, the Inter- resentatives of the United States of America in the tide of these alarming threats to net provides students and teachers Congress assembled, today’s youth. with numerous tools and benefits every SECTION 1. SHORT TITLE. When navigated safely and correctly, day. This Act may be cited as the ‘‘Student the Internet can provide students with Internet Safety Act of 2009’’. However, there are many dangers in- a remarkable resource to get help with herent with technology as well. Chil- SEC. 2. PROMOTING THE SAFE USE OF THE homework, do research for school INTERNET BY STUDENTS. dren, especially young children, are at Each local educational agency that re- projects, virtually tour historical sites, risk of becoming victims of numerous ceives funds under part D of title II of the El- explore special interests, and share in- Internet-related crimes, including ementary and Secondary Education Act of formation with peers around the world. child pornography, cyberstalking, pred- 1965 (20 U.S.C. 6751 et seq.) or part A of title Mr. Speaker, it is our responsibility to ators posing as children, or even more IV of such Act (20 U.S.C. 7101 et seq.) may make sure children are protected from heinous crimes, including murder and use such funds to develop and implement and educated about the numerous on- rape. In addition to falling victim to programs that promote the safe use of the line threats in order to maximize the Internet-related crimes, children can Internet by students, such as programs priceless opportunities to advance that— be exposed to age-inappropriate or (1) educate students about appropriate on- learning that the digital world pro- harmful materials while browsing the line behavior, including interacting with in- vides. Internet or conducting research for dividuals on social networking Web sites and According to a Microsoft survey of homework. in chat rooms; parents, at least 56 percent of children We know that the most effective way (2) protect students against online preda- access the Internet from school for a to prevent children from becoming vic- tors, cyberbullying, or unwanted exposure to variety of purposes. This number will tims of Internet-related crimes is to inappropriate material; or increase as we move forward. This leg- educate them as to how to avoid dan- (3) promote involvement by parents in the islation is a vital step towards pro- gerous situations. There are several use of the Internet by their children. moting the safe use of the Internet by Internet sites and software programs The SPEAKER pro tempore. Pursu- students. that advise parents on how to talk ant to the rule, the gentleman from the Mr. Speaker, I thank Representative about the subject with their children: Northern Mariana Islands (Mr. SABLAN) PUTNAM of Florida for introducing this what the dangers are, how to teach and the gentlewoman from Washington legislation, and I once again express children to avoid them, and how best (Mrs. MCMORRIS RODGERS) each will my support for this legislation. to monitor their children’s Internet ac- control 20 minutes. Mr. Speaker, I reserve the balance of tivities at home and at school. And The Chair recognizes the gentleman my time. public schools that receive funds under from the Northern Mariana Islands. Mrs. MCMORRIS RODGERS. Mr. the Educational Technology State GENERAL LEAVE Speaker, I yield myself such time as I Grant programs are required to have Mr. SABLAN. Mr. Speaker, I request may consume. Internet filtering software that limits 5 legislative days during which Mem- Mr. Speaker, I rise today in support what sites children can access from bers may revise and extend and insert of H.R. 780, the Student Internet Safety school computers.

VerDate Nov 24 2008 03:12 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.040 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6767 However, many schools struggle to 1964 and opened to the public in 1969 to honor The Chair recognizes the gentleman provide some form of Internet safety Sir Winston Churchill and to commemorate from the Northern Mariana Islands. his famous speech, the ‘‘Sinews of Peace’’; education or purchase this important GENERAL LEAVE Whereas it was during the delivery of the software which would protect students Mr. SABLAN. Mr. Speaker, I request against Internet crimes. It is clear that ‘‘Sinews of Peace’’ speech on the campus of Westminster College, in Fulton, in 1946, that 5 legislative days during which Mem- while much is being done, much more Sir Winston Churchill uttered the famous bers may revise and extend and insert is required of us as the use of tech- phrase, ‘‘an iron curtain has descended’’, extraneous material on House Resolu- nology continues to expand. capturing the essence of the emerging Cold tion 390 into the RECORD. H.R. 780, the Student Internet Safety War; The SPEAKER pro tempore. Is there Act, will ensure that schools and Whereas Westminster College built the objection to the request of the gen- school districts provide students with original Winston Churchill Memorial, and is tleman from the Northern Mariana Is- responsible for the finances, operations, and the tools they need to use the Internet lands? in a safe and secure manner to further collections management of the Winston Churchill Memorial and Library; There was no objection. their education. In today’s world of Mr. SABLAN. Mr. Speaker, I yield Internet technology and global commu- Whereas the Winston Churchill Memorial and Library closed for significant renova- myself as much time as I may con- nication, a child’s safety must be our tions in 2005, and was transformed into a sume. number one priority. state-of-the-art museum that reopened on Mr. Speaker, I rise today in support I want to thank my colleague, Mr. March 5, 2006, in recognition of the 60th anni- of House Resolution 390, which recog- PUTNAM, for introducing this impor- versary of Sir Winston Churchill’s delivery nizes the Winston Churchill Memorial tant piece of legislation. I am proud to of the ‘‘Sinews of Peace’’ speech; and Library for its work in honoring rise in support of it and ask my col- Whereas the Winston Churchill Memorial the historic legacy of the life and lead- leagues to support this bill that will and Library now features many new exhibits ership of Sir Winston Churchill. promote the safe use of the Internet by and an expanded research library and ar- Winston Churchill was born in Blen- students. chives, which more effectively incorporate Mr. Speaker, I have no additional re- the many thousands of historical resources heim Palace in Woodstock in Novem- quests for time. I urge my colleagues that the Memorial and Library possesses; ber 1874. A lifetime military man and to support the legislation and yield Whereas the Winston Churchill Memorial politician, Churchill had the vision to and Library now better honors Sir Winston recognize the threat that Adolf Hitler back the balance of my time. Churchill’s contributions to the fields of art Mr. SABLAN. Mr. Speaker, I would posed to the world. He was a staunch and literature and provides an enhanced his- critic of appeasement. He supported a like to say that the gentlewoman from torical and political analysis of his career Washington, I recognize her very fine because of the recent renovations and im- strategy of rearmament and military eloquent statements about the Student provements; alliance building. His early anti-Nazi Internet Safety Act of 2009. I urge my Whereas the leadership of Sir Winston position facilitated his transition to colleagues to support the passage of Churchill during World War I, World War II, the premiership at a time when his this act. and the Cold War played a vital role in shap- countrymen needed him the most. Mr. Speaker, I yield back the balance ing the history of the United States and the Winston Churchill contributed to the of my time. world, and sacrifices made by Sir Winston fields of art and literature. During his The SPEAKER pro tempore (Mr. Churchill and other leaders during those con- early days in the army, he composed flicts preserved liberty, democracy, and ROTHMAN of New Jersey). The question military reports for the Daily Tele- other founding principles of the United is on the motion offered by the gen- States for generations to come; graph and penned several books, in- tleman from the Northern Mariana Is- Whereas the ‘‘Lessons of Leadership’’ edu- cluding, ‘‘The Story of the Malakand lands (Mr. SABLAN) that the House sus- cational outreach programs offered by the Field Force,’’ ‘‘The River War,’’ ‘‘Lon- pend the rules and pass the bill, H.R. Winston Churchill Memorial and Library use don to Ladysmith,’’ ‘‘Liberalism and 780, as amended. the resources of the Memorial and Library to the Social Problem,’’ and ‘‘History of The question was taken. educate teachers and students about the life the English-Speaking Peoples.’’ The SPEAKER pro tempore. In the and leadership of Sir Winston Churchill The memorial and library was con- opinion of the Chair, two-thirds being throughout World War I, World War II, and structed in 1964 and opened to the pub- the Cold War by means of on-site visits, in the affirmative, the ayes have it. lic in 1969. It is housed in a historic Mr. SABLAN. Mr. Speaker, on that I classroom curriculum development, distance learning, and other educational initiatives; Wren church in Fulton, Missouri, on demand the yeas and nays. the campus of Westminster College The yeas and nays were ordered. Whereas Sir Winston Churchill’s mother The SPEAKER pro tempore. Pursu- was a United States citizen and he was proud where Churchill delivered his famous ant to clause 8 of rule XX and the of his heritage from and connections to the ‘‘Sinews of Peace’’ speech. The facility United States; and is home to numerous artifacts and in- Chair’s prior announcement, further Whereas President John F. Kennedy, in proceedings on this motion will be formation on Sir Winston Churchill. In 1963, declared Sir Winston Churchill an Hon- addition to the story it tells, the mu- postponed. orary Citizen of the United States, the first seum provides a venue for artistic and f person to be so honored: Now, therefore, be it Resolved, That the House of Representa- historical exhibits, in addition to nu- RECOGNIZING WINSTON CHURCH- tives recognizes— merous social and cultural exhibits. It ILL MEMORIAL IN FULTON, MIS- (1) the Winston Churchill Memorial and Li- is an important part of Westminster SOURI brary in Fulton, Missouri, as ‘‘America’s Na- campus life, with students utilizing its Mr. SABLAN. Mr. Speaker, I move to tional Churchill Museum’’; resources for research. suspend the rules and agree to the reso- (2) the importance of the continuing col- I want to thank Representative lution (H. Res. 390) recognizing the lection, preservation, and interpretation of LUETKEMEYER for his leadership in the historical materials held by the Winston Winston Churchill Memorial and Li- bringing this important resolution for- Churchill Memorial and Library toward en- ward. I ask my colleagues to support brary in Fulton, Missouri, as ‘‘Amer- hancing the knowledge and understanding of ica’s National Churchill Museum,’’ and Sir Winston Churchill’s historic legacy; and this important resolution. commending its efforts to recognize (3) the immense historical importance of Mr. Speaker, I reserve the balance of the importance of the historic legacy World War I, World War II, and the Cold War, my time. of Sir Winston Churchill and to edu- and commends the ‘‘Lessons of Leadership’’ Mrs. MCMORRIS RODGERS. Mr. cate the people of the United States offered by the Winston Churchill Museum Speaker, I would like to yield such about his legacy of character, leader- and Library educational outreach programs time as he may consume to the gen- ship, and citizenship, as amended. about the life and leadership of Sir Winston tleman from Missouri (Mr. Churchill during those conflicts. The Clerk read the title of the resolu- LUETKEMEYER). tion. The SPEAKER pro tempore. Pursu- Mr. LUETKEMEYER. I am proud to The text of the resolution is as fol- ant to the rule, the gentleman from the rise today in support of House Resolu- lows: Northern Mariana Islands (Mr. SABLAN) tion 390, a resolution recognizing the H. RES. 390 and the gentlewoman from Washington Winston Churchill Memorial and Li- Whereas the Winston Churchill Memorial (Mrs. MCMORRIS RODGERS) each will brary in Fulton, Missouri, as ‘‘Amer- and Library in Fulton, Missouri, was built in control 20 minutes. ica’s National Churchill Museum.’’

VerDate Nov 24 2008 03:12 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.043 H15JNPT1 erowe on PROD1PC64 with HOUSE H6768 CONGRESSIONAL RECORD — HOUSE June 15, 2009 Before I discuss the details of the And in its drawing together of several HOUSE OF REPRESENTATIVES, bill, I would like to thank the many themes to a climax, Churchill’s speech Washington, DC, June 15, 2009. folks who helped make this possible. may be regarded as one of the finest in Speaker NANCY PELOSI, First, I want to thank my predecessor the 20th century. It certainly changed House of Representatives, The Capitol, Wash- ington, DC. in Congress, Kenny Hulshof, who first the way the democratic West viewed DEAR SPEAKER PELOSI: This letter serves introduced this resolution in the 110th the communist East. as my intention to resign from the House Congress. Kenny laid the groundwork The astounding achievements of Win- Committee on Oversight and Government for the passage of this bill, and I am ston Churchill’s life are a testament to Reform effective today. Thank you. honored to finish the work that he his dedication to protecting liberty for Sincerely, began. all people. Churchill did not merely TODD RUSSELL PLATTS, Member of Congress. Also, from the moment I first intro- hate tyranny; he despised it, and he re- duced the resolution, the Missouri dele- viled communism. The SPEAKER pro tempore. Without gation was at my side. To be sure, I am objection, the resignation is accepted. There was no objection. extremely pleased that every member b 1630 f of the Missouri delegation signed on as The contempt he breathed for dic- an original cosponsor of my resolution, tators renewed his Iron Curtain speech RECOGNIZING CIVIL RIGHTS and I want to thank them for all their in Fulton, Missouri, and strengthened BASEBALL GAME continued support. the West’s faith in the superiority of Mr. SCOTT of Virginia. Mr. Speaker, I also want to thank the many other democracy and the inevitability of its I move to suspend the rules and agree Members of this body who supported success. to the resolution (H. Res. 530) com- me in this endeavor, many of whom are The Winston Churchill Memorial and mending the purpose of the third an- Churchill enthusiasts themselves. I am Library was founded in 1969. The mu- nual Civil Rights Baseball Game and truly honored to be in such good com- seum is a 16th-century church designed recognizing the historical significance pany. I look forward to welcoming all by Christopher Wren that was pains- of the location of the game in Cin- of them to my district when they bring takingly relocated, brick by brick, cinnati, Ohio. their families to visit America’s Na- from London, England, to Fulton, Mis- The Clerk read the title of the resolu- tional Churchill Museum. souri, and is the only museum in the tion. Most of all, I want to thank Presi- Nation that exists for the sole purpose The text of the resolution is as fol- dent Forsythe, president of West- of honoring the life and extraordinary lows: minster College, at whose campus the legacy of Winston Churchill. I might H. RES. 530 museum is located, and his dedicated mention that it underwent a multi- Whereas the third annual Civil Rights staff, Angie Robinson, Rob Crouse, and million dollar renovation just a couple Baseball Game is being held in Cincinnati, countless others. Ohio, at the Great American Ballpark on I also want to recognize the muse- years ago. The bill we consider today recognizes June 20, 2009; um’s executive director, Dr. Rod Ha- Whereas the Cincinnati Reds, the host of vers, for his daily devotion, expertise, this museum as the world-class facility the Civil Rights Baseball Game, are recog- and passion to the upkeep and expan- that it is and the historical signifi- nized as being the first professional baseball sion of this remarkable museum. cance of the site. team in the United States; Much has been written about one of I urge all my colleagues to join me in Whereas the Major League Baseball Civil the greatest figures of the 20th cen- passing this important legislation. Rights Game was created to honor those who Mrs. MCMORRIS RODGERS. Mr. fought both on and off the field for the equal tury, Sir Winston Churchill, a man treatment of all people; with a literary bent and a deep devo- Speaker, I have no further requests for time, and I yield back the balance of Whereas baseball was at the forefront of tion to public affairs. He was a Nobel the civil rights movement and was inte- Prize winner, an artist, a keen strate- my time. grated before either the Armed Forces or the gist, and a brilliant politician. He was Mr. SABLAN. Mr. Speaker, as I was public schools; also instrumental in bringing an end to listening to the gentleman from Mis- Whereas Cincinnati, Ohio, was home to the World War II. souri make a statement, I couldn’t help Negro League’s Cincinnati Tigers from 1934 On March 5, 1946, Winston Churchill but notice that the Winston Churchill to 1937; Memorial and Library is actually a Whereas Cincinnati, Ohio, was an integral delivered his historic ‘‘Iron Curtain’’ stop along the Underground Railroad as one speech on the campus of Westminster source of pride for him and for his con- stituents in Missouri, and I encourage of the first free ‘‘stations’’ slaves would en- College in Fulton, Missouri. With a counter when escaping north; and current population of close to 13,000 my colleagues on both sides of the aisle Whereas Cincinnati, Ohio, is home to the and a then-population of 7,000, Fulton to please support the passage of House National Underground Railroad Freedom was and still is the perfect stopover in Resolution 390. Center, which opened in 2004: Now, therefore, the rolling green hills of central Mis- Mr. Speaker, I yield back the balance be it of my time. Resolved, That the House of Representa- souri. There, the man Harry Truman tives— called ‘‘that great world citizen,’’ Win- The SPEAKER pro tempore. The question is on the motion offered by (1) commend the purpose of the third an- ston Churchill, marked the beginning nual Civil Rights Baseball Game; and of the Cold War with the words that the gentleman from the Northern Mar- (2) recognize the historical significance of were heard around the globe. Today, iana Islands (Mr. SABLAN) that the the location of the Civil Rights Baseball the speech is regarded as perhaps one House suspend the rules and agree to Game in Cincinnati, Ohio. of the most important that Churchill the resolution, H. Res. 390, as amended. The SPEAKER pro tempore. Pursu- ever delivered. The question was taken; and (two- ant to the rule, the gentleman from The speech contained certain thirds being in the affirmative) the Virginia (Mr. SCOTT) and the gen- phrases, ‘‘the special relationship,’’ rules were suspended and the resolu- tleman from Texas (Mr. GOHMERT) each ‘‘the sinews of peace’’—which at once tion, as amended, was agreed to. will control 20 minutes. entered into general use and which A motion to reconsider was laid on The Chair recognizes the gentleman have since survived. However, it’s the table. from Virginia. Churchill’s mention of the Iron Curtain GENERAL LEAVE that attracted immediate inter- f Mr. SCOTT of Virginia. Mr. Speaker, national attention and shaped public I ask unanimous consent that all Mem- opinion in the United States and West- RESIGNATION AS MEMBER OF bers have 5 legislative days to revise ern Europe. He said, ‘‘From Stettin in COMMITTEE ON OVERSIGHT AND and extend their remarks and include the Baltic to Trieste in the Adriatic, GOVERNMENT REFORM extraneous material on the resolution an iron curtain has descended across The SPEAKER pro tempore laid be- under consideration. the continent.’’ fore the House the following resigna- The SPEAKER pro tempore. Is there Russian historians date the begin- tion as a member of the Committee on objection to the request of the gen- ning of the Cold War from this speech. Oversight and Government Reform: tleman from Virginia?

VerDate Nov 24 2008 03:12 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.046 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6769 There was no objection. I do support House Resolution 530, most pro-players only dream of hitting Mr. SCOTT of Virginia. Mr. Speaker, commending the purpose of the third .300. He hit home runs and hit over .300. I yield myself such time as I may con- annual Civil Rights Baseball Game. How did you do that? Was there some sume. The third annual Civil Rights Game secret ability you had? Mr. Speaker, House Resolution 530 will be played, as indicated by my And in his typical humble style, Mr. commends the purpose of the third an- friend from Virginia, by the Reds and Aaron said, I was a good guess hitter. nual Civil Rights Baseball Game and the White Sox on June 20 at the Great Typical Hank Aaron, humility com- recognizes the historic significance of American Ballpark in Cincinnati. It pletely for such an extraordinarily gift- the location of the Civil Rights Base- serves as a celebration of the role of ed man who used his talents, developed ball Game in Cincinnati, Ohio. sports and the role that they played in them, and we all know he didn’t get I want to commend my colleague the advancing equal rights in America. where he was without working, perse- gentleman from Cincinnati (Mr. As part of that celebration, three vering. And the heartbreaking part, DRIEHAUS) for introducing this legisla- great Americans will be honored at the the assaults verbally and in other tion. The Civil Rights Baseball Game is game: Muhammad Ali, Bill Cosby, and ways, the threats that the man endured an important event, and it deserves to Hank Aaron. They will receive awards simply because of the color of his skin, be recognized by the House of Rep- as individuals ‘‘whose lives are em- I look forward to him being honored at resentatives. blematic of the spirit of the civil rights that game, as he rightfully should be. The third annual Civil Rights Base- movement.’’ The Civil Rights Game also includes ball Game will be played in Cincinnati, Mr. Ali was a 10-time heavyweight a roundtable discussion and youth Ohio, at the Great American Ballpark champion boxer. Since he left the summit that highlights the role that on June 20, 2009, between the Cin- sport, he has engaged in many humani- baseball has played in the civil rights cinnati Reds and the Chicago White tarian efforts and traveled the world on movement. The game has had only a Sox. Many celebrities will be in attend- goodwill missions. Mr. Cosby has spent short history itself as a Civil Rights ance, including Hank Aaron, Muham- the last five decades as a comedian, en- Game, but I would expect it would de- mad Ali, Bill Cosby, and Bebe Winans. tertainer, and, I would add, philoso- velop into a fine tradition. This Major League Baseball game was pher. His life has been a testament to With that, I would urge my col- created to honor those who fought both proper handling of race issues. This ex- leagues to join in supporting this reso- on and off the field for equal treatment traordinary man just went about being lution. Mr. Speaker, I reserve the balance of of all people. the extraordinary person that he is. He The first Civil Rights Baseball Game my time. has entertained, he has inspired, and he was played in Memphis, Tennessee, in Mr. SCOTT of Virginia. Mr. Speaker, has taught me, for one, for most of my 2007, between the St. Louis Cardinals I yield such time as he may consume to life. the gentleman from Ohio (Mr. and the Cleveland Indians. It was orga- He is the first comedian from whom I nized as a preseason game, intended to DRIEHAUS), who represents Cincinnati bought an album. As I recall, it was commend the civil rights movement in and is the chief sponsor of the resolu- ‘‘To Russell, My Brother, Whom I Slept the United States as part of a larger tion. With.’’ And I’ve loved the man ever celebration of the civil rights move- Mr. DRIEHAUS. Mr. Speaker, it is since. I got to see him recently in con- ment. Memphis was selected for its im- certainly my privilege to rise today cert in Tyler and was as excited as portant role in the history of the civil and bring to the floor this resolution ever. What a delightful man. The way rights movement. honoring the third annual Civil Rights This year’s host city, Cincinnati, he causes us to realize we all have so Game. It is the third annual Civil Ohio, has a long and rich history in many of the same strange, enigmatic Rights Game, but it is the first time both the game of baseball and in the traits, fears, aspirations, hopes. His that this game has been played during field of civil rights. Cincinnati was an television show was certainly inspira- the regular season. And we are honored important stop on the Underground tional. He makes us laugh at our faults in Cincinnati to have that game at Railroad and is the home of the Na- and makes us want to improve them. Great American Ballpark. I know Con- As a great American, I look forward to tional Underground Railroad Freedom gresswoman JEAN SCHMIDT and I will be Center located adjacent to the ball- his being recognized there at the Civil looking forward to that event. park. Cincinnati was also home to the Rights Game as well. And as was mentioned earlier by sev- Negro League’s Cincinnati Tigers from Mr. Hank Aaron, as a Hall of Famer eral of my colleagues, it’s not just a 1934 to 1937, and it was in Cincinnati who was once the all-time home run baseball game. It’s also recognizing that the first night baseball game was leader with 755 home runs—and par- great leaders, great leaders who have played in 1935. enthetically I might add he’ll always broken down barriers. That includes at Mr. Speaker, baseball has long been be my home run leader—but he was a the luncheon that we will be holding considered the great American pas- Negro League baseball player before he Muhammad Ali, Hank Aaron, and Bill time. It is part of our culture. It re- played for the Braves in both Mil- Cosby, three giants who have broken flects the values of teamwork, com- waukee and Atlanta. Mr. Aaron formed down so many barriers amongst them. petition, fair play, and the pursuit of the Chasing the Dream Foundation excellence. Baseball was once seg- with his wife in 1994 and has given fi- b 1645 regated, as was most of the rest of the nancial support to hundreds of youths I applaud Major League Baseball. I country, until Branch Rickey signed that enables them to pursue their tal- applaud the Cincinnati Reds for choos- Jackie Robinson to play for the Brook- ents in music, dance, arts, science, lit- ing Cincinnati as the host of this lyn Dodgers in 1947. The rest of the Na- erature, and athletics. His wife, by the event. tion would follow in time, but it was on way, attended Texas College in Tyler, I would draw your attention to one the diamond that we made the most Texas, where she is on the board of di- other aspect of the game, Mr. Speaker, important steps towards ending Jim rectors. And it has been one of the and that is to the Underground Rail- Crow. As Mr. Rickey said, ‘‘Prejudice highlights of my life to get to meet Mr. road Freedom Center. The Under- has no place in sports, and baseball Aaron on more than one occasion. ground Railroad Freedom Center is a must recognize that truth if it is to It’s heartbreaking, heart-rending, to stone’s throw—a baseball’s throw, if maintain stature as a national game.’’ hear some of the hell on Earth he was you will, from Great American Ball- Mr. Speaker, I am pleased to join my put through simply because of race. park. The Underground Railroad Free- colleague from Ohio in honoring the Yet he never wavered. He continued to dom Center, founded in 2002 in Cin- Civil Rights Baseball Game. I urge my give everything he had to those tasks cinnati, is all about discussing free- colleagues to support this important put before him. People remember the dom. It’s all about being the champion resolution. home-run record, but many do not real- of civil rights. And while it was estab- Mr. Speaker, I reserve the balance of ize he had over a .300 batting average, lished to draw attention to the role the my time. .305, I believe, lifetime. Incredible. I city of Cincinnati played and that the Mr. GOHMERT. Mr. Speaker, I yield once asked him for somebody who was people of Cincinnati played in the un- myself such time as I may consume. a home-run hitter to hit over .300— derground railroad, today it serves as

VerDate Nov 24 2008 03:12 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.050 H15JNPT1 erowe on PROD1PC64 with HOUSE H6770 CONGRESSIONAL RECORD — HOUSE June 15, 2009 the vehicle, it serves as the convener of don’t stare.’’ And it seems to me that ‘‘(4) STATE.—The term ‘State’ means each conversations around injustices today that’s what this bill does. We look for- of the several States, the District of Colum- and freedoms which are challenged ward, but we look back. We don’t stare, bia, and any commonwealth, territory, or today, making it relevant to you and I but we recognize the greatness that has possession of the United States. and all Americans as we discuss civil gotten us to where we are today. ‘‘§ 4102. Recognition of foreign defamation judgments rights. So I’m proud to have the Under- With that, I yield back the balance of ‘‘(a) FIRST AMENDMENT CONSIDERATIONS.— ground Railroad Freedom Center being my time. Notwithstanding any other provision of Fed- part of this celebration. I think it is Mr. SCOTT of Virginia. Mr. Speaker, eral or State law, a domestic court shall not very much appropriate that the Free- I yield myself as much time as I may recognize or enforce a foreign judgment for dom Center is participating in the consume. defamation whenever the party opposing rec- luncheon, celebrating our heroes. And I I thank the gentleman from Ohio for ognition or enforcement of the judgment am proud to be a Cincinnatian and to introducing the resolution. I urge my claims that the judgment is inconsistent welcome this game to the city of Cin- colleagues to support it. with the first amendment to the Constitu- tion of the United States, unless the domes- cinnati. I join with the Cincinnati Reds I yield back the balance of my time. The SPEAKER pro tempore. The tic court determines that the judgment is in thanking Major League Baseball. consistent with the first amendment. The Mr. GOHMERT. Mr. Speaker, I con- question is on the motion offered by burden of establishing that the foreign judg- tinue to reserve my time. the gentleman from Virginia (Mr. ment is consistent with the first amendment Mr. SCOTT of Virginia. Mr. Speaker, SCOTT) that the House suspend the shall lie with the party seeking recognition I yield such time as he may consume to rules and agree to the resolution, H. or enforcement of the judgment. the gentleman from Tennessee (Mr. Res. 530. ‘‘(b) JURISDICTIONAL CONSIDERATIONS.—Not- withstanding any other provision of Federal COHEN), who represents Memphis, the The question was taken; and (two- thirds being in the affirmative) the or State law, a domestic court shall not rec- location of the first Civil Rights Base- ognize or enforce a foreign judgment for def- ball Game. rules were suspended and the resolu- amation if the party opposing recognition or Mr. COHEN. I would like to thank tion was agreed to. enforcement establishes that the exercise of Mr. SCOTT for the time. A motion to reconsider was laid on personal jurisdiction over such party by the I would like to congratulate Cin- the table. foreign court that rendered the judgment cinnati on their good fortune to be the f failed to comport with the due process re- host of this game. Memphis was the quirements imposed on domestic courts by GENERAL LEAVE host for the first two games. The final the Constitution of the United States. Mr. SCOTT of Virginia. Mr. Speaker, ‘‘(c) JUDGMENT AGAINST PROVIDER OF exhibition game of spring training, the INTERACTIVE COMPUTER SERVICE.—Notwith- only game that was televised on ESPN, I ask unanimous consent that all Mem- standing any other provision of Federal or and a great event in our city, where bers may have 5 legislative days in State law, a domestic court shall not recog- the National Civil Rights Museum ex- which to revise and extend their re- nize or enforce a foreign judgment for defa- ists and the site of civil rights strug- marks and include extraneous material mation against the provider of an interactive gles and civil rights victories. We real- on H. Res. 309, as amended. computer service, as defined in section 230 of ly enjoyed the opportunity to have The SPEAKER pro tempore. Is there the Communications Act of 1934 (47 U.S.C. objection to the request of the gen- 230), whenever the party opposing recogni- players honored there, Willie Mays, tion or enforcement of the judgment claims Minnie Minoso, my hero, and others tleman from Virginia? that the judgment is inconsistent with such over the years, who have brought great There was no objection. section 230, unless the domestic court deter- pride to the city of Memphis where we f mines that the judgment is consistent with have the finest minor league baseball such section 230. The burden of establishing PROHIBITING ENFORCEMENT OF that the foreign judgment is consistent with park ever constructed, AutoZone Park. FOREIGN DEFAMATION JUDG- We felt that the game should perma- such section 230 shall lie with the party MENTS seeking recognition or enforcement of the nently stay in Memphis, but it has Mr. COHEN. Mr. Speaker, I move to judgment. moved on. ‘‘(d) APPEARANCES NOT A BAR.—An appear- I want to congratulate Cincinnati, suspend the rules and pass the bill ance by a party in a foreign court rendering and I congratulate Major League Base- (H.R. 2765) to amend title 28, United a foreign judgment to which this section ap- ball for having such a game. Jackie States Code, to prohibit recognition plies for the purpose of contesting the for- Robinson has been immortalized as a and enforcement of foreign defamation eign court’s exercise of jurisdiction in the civil rights hero whose number 42 was judgments and certain foreign judg- case, moving the foreign court to abstain from exercising jurisdiction in the case, de- retired by Major League Baseball in an ments against the providers of inter- active computer services. fending on the merits any claims brought be- appropriate manner. There were many fore the foreign court, or for any other pur- great players in the Negro baseball The Clerk read the title of the bill. The text of the bill is as follows: pose, shall not deprive such party of the leagues who we honored last year with right to oppose the recognition or enforce- a resolution—such as Satchel Paige, H.R. 2765 ment of the judgment under this section. who was written up, I think, in today’s Be it enacted by the Senate and House of Rep- ‘‘§ 4103. Attorneys’ fees New York Times—and the great ca- resentatives of the United States of America in ‘‘In any action brought in a domestic court Congress assembled, reers they had, great ballplayers. So to enforce a foreign judgment for defama- SECTION 1. RECOGNITION OF FOREIGN DEFAMA- tion, the court may allow the party opposing it’s appropriate that civil rights, which TION JUDGMENTS. baseball and sports have contributed to recognition or enforcement of the judgment (a) IN GENERAL.—Part VI of title 28, United a reasonable attorney’s fee if such party pre- so much, be remembered by Major States Code, is amended by adding at the end vails in the action on a ground specified in League Baseball. I congratulate Major the following: subsection (a), (b), or (c).’’. League Baseball and the city of Cin- ‘‘CHAPTER 181—FOREIGN JUDGMENTS (b) CLERICAL AMENDMENT.—The table of cinnati. ‘‘Sec. chapters for part VI of title 28, United States I just want to say to my colleague ‘‘4101. Definitions. Code, is amended by adding at the end the from Texas—Noah. ‘‘4102. Recognition of foreign defamation following: Mr. GOHMERT. Mr. Speaker, I yield judgments. ‘‘181. Foreign judgments ...... 4101.’’. myself such time as I may consume. ‘‘4103. Attorneys’ fees. The SPEAKER pro tempore. Pursu- In conclusion, I would encourage my ‘‘§ 4101. Definitions ant to the rule, the gentleman from colleagues to support House Resolution ‘‘In this chapter: Tennessee (Mr. COHEN) and the gen- 530. My friend from Tennessee men- ‘‘(1) DOMESTIC COURT.—The term ‘domestic tleman from Texas (Mr. GOHMERT) each tioned Satchel Paige. He had some court’ means a Federal court or a court of will control 20 minutes. great quotes. Many people quote him any State. The Chair recognizes the gentleman as saying, ‘‘Don’t look back. They may ‘‘(2) FOREIGN COURT.—The term ‘foreign from Tennessee. court’ means a court, administrative body, be gaining on you.’’ But I read a quote or other tribunal of a foreign country. GENERAL LEAVE that I like even better than that, at- ‘‘(3) FOREIGN JUDGMENT.—The term ‘foreign Mr. COHEN. First I ask unanimous tributed to him later in life, when he judgment’ means a final judgment rendered consent that all Members have 5 legis- said, ‘‘It’s okay to look back. Just by a foreign court. lative days to revise and extend their

VerDate Nov 24 2008 03:12 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.052 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6771 remarks and include extraneous mate- puts some added teeth in the bill. That essary protection for U.S. journalists rial on the bill under consideration. was a recommendation at our hearing and authors and represents the strong- The SPEAKER pro tempore. Is there on the bill. This will not only com- est constitutionally sound policy in re- objection to the request of the gen- pensate the American author or pub- sponse to libel tourism. The issue has tleman from Tennessee? lishers for the expense of defending a been thoroughly considered by the Ju- There was no objection. nonmeritorious enforcement action but diciary Committee, and I would urge Mr. COHEN. I yield myself as much will help dissuade the would-be libel Members to support H.R. 2765. time as I may consume. tourist from putting them to that ex- Mr. Speaker, I have no further speak- Mr. Speaker, H.R. 2765 prohibits U.S. pense in the first place. ers. So when my colleague across the courts from recognizing or enforcing I am joined in introducing this legis- aisle is ready to close, I will likewise foreign defamation judgments that are lation by my colleague DARRELL ISSA be ready. inconsistent with our First Amend- of California. Last year our bill passed Mr. COHEN. Mr. Speaker, I would ment or fundamental due process. This the House overwhelmingly, and I ask like to withdraw the motion. legislation addresses what has come to my colleagues to support it again this The SPEAKER pro tempore. The mo- be referred to as libel tourism, doing an year. I would like to thank Judiciary tion to suspend the rules and pass H.R. end run around the First Amendment Committee Chairman JOHN CONYERS 2765 is withdrawn. by suing American authors and pub- and Ranking Member LAMAR SMITH and f lishers for defamation in the courts of all the cosponsors of this bill for their PROHIBITING ENFORCEMENT OF foreign countries with more plaintiff- help and support in bringing it to this FOREIGN DEFAMATION JUDG- friendly defamation laws, particularly point. MENTS Britain. Britain has become a favorite I reserve the balance of my time. destination for libel tourists for a num- Mr. GOHMERT. Mr. Speaker, I recog- Mr. COHEN. Mr. Speaker, I move to ber of reasons. First, British law lacks nize myself for such time as I may con- suspend the rules and pass the bill our constitutional free speech protec- sume. (H.R. 2765) to amend title 28, United tions and instead, specifically disfavors Thomas Jefferson observed that ‘‘the States Code, to prohibit recognition speech critical of public officials and only security of all is in a free press. and enforcement of foreign defamation public figures. The agitation it produces must be sub- judgments and certain foreign judg- Second, British libel law places the mitted to. It is necessary to keep the ments against the providers of inter- burden of proving the truth of the al- waters pure.’’ Were he alive today, Jef- active computer services, as amended. legedly defamatory statement on the ferson would not take too kindly to The Clerk read the title of the bill. defendant. This distinction has drawn libel tourists, the subject of H.R. 2765. The text of the bill is as follows: criticism not only from American de- Oh, it seems true that some U.S. media H. R. 2765 fenders of free speech but also from the more recently have become fan clubs Be it enacted by the Senate and House of Rep- United Nations and even from some rather than objective pursuers of truth, resentatives of the United States of America in Congress assembled, Members of the British Parliament. but there are still some very dedicated journalists in the United States who SECTION 1. RECOGNITION OF FOREIGN DEFAMA- And third, Britain takes a very ex- TION JUDGMENTS. pansive view of personal jurisdiction. A should be free from harassment from inappropriate libel suits in overseas (a) IN GENERAL.—Part VI of title 28, United British court can exercise personal ju- States Code, is amended by adding at the end courts. risdiction over a libel defendant if his the following: In the wake of 9/11, the American or her statement, wherever it was media have become increasingly ‘‘CHAPTER 181—FOREIGN JUDGMENTS made or aimed, can be said to cause alarmed over a phenomenon called ‘‘Sec. ‘‘real or substantial’’ harm or injury to ‘‘4101. Definitions. libel tourism. The term refers to the ‘‘4102. Recognition of foreign defamation reputation in Britain. subject of a critical news story suing Combined with the Internet, this ex- judgments. an American author or reporter of an ‘‘4103. Attorneys’ fees. pansive view has rendered American article, story or book for defamation in authors and publishers especially vul- ‘‘§ 4101. Definitions a plaintiff-friendly overseas or foreign nerable to libel suits in Britain. As one ‘‘In this chapter: forum. These suits are filed mostly in ‘‘(1) DOMESTIC COURT.—The term ‘domestic commentator has said, ‘‘In the Internet Great Britain, as its libel and slander court’ means a Federal court or a court of age, the British libel laws can bite you laws provide writers and journalists any State. no matter where you live.’’ with less protection than those under ‘‘(2) FOREIGN COURT.—The term ‘foreign H.R. 2765 will deter libel tourists the U.S. system that honors a First court’ means a court, administrative body, or other tribunal of a foreign country. from taking advantage of these dif- Amendment and a free press. Persons ferences in the laws of Britain and ‘‘(3) FOREIGN JUDGMENT.—The term ‘foreign identified in news stories as terrorists judgment’ means a final judgment rendered other foreign jurisdictions and our pre- or terrorist sympathizers have brought cious First Amendment by imposing by a foreign court. some of the higher-profile suits. ‘‘(4) STATE.—The term ‘State’ means each important limitations on the enforce- So how would American courts treat of the several States, the District of Colum- ment of foreign defamation judgments foreign judgments that clash with bia, and any commonwealth, territory, or in our courts. Under the bill, a U.S. American legal values under this bill? possession of the United States. court cannot enforce a foreign defama- A foreign judgment will not be en- ‘‘§ 4102. Recognition of foreign defamation tion judgment inconsistent with the forced in the U.S. court when the for- judgments First Amendment to our Constitution eign judgment is offensive to State ‘‘(a) FIRST AMENDMENT CONSIDERATIONS.— or when the foreign court’s exercise of public policy or the Constitution. And Notwithstanding any other provision of Fed- personal jurisdiction over the defend- that’s what this bill does. eral or State law, a domestic court shall not ant does not comport with our due Last September, as my friend from recognize or enforce a foreign judgment for process requirements. And a U.S. court Tennessee indicated, the House passed defamation whenever the party opposing rec- cannot enforce a foreign defamation ognition or enforcement of the judgment a libel tourism bill that codified exist- claims that the judgment is inconsistent judgment against an interactive com- ing U.S. treatment of the subject. The with the first amendment to the Constitu- puter service if doing so is inconsistent other body did not act on the measure. tion of the United States, unless the domes- with section 230 of the Communica- So we revisit the issue today, better in- tic court determines that the judgment is tions Act of 1934. This will ensure that formed, thanks to a subcommittee consistent with the first amendment. The libel tourists cannot chill speech by hearing, full committee markup and burden of establishing that the foreign judg- suing a third-party interactive com- substantial input by legal experts on ment is consistent with the first amendment puter service rather than the actual the subject matter. shall lie with the party seeking recognition author of the statement. H.R. 2765 contains four major provi- or enforcement of the judgment. ‘‘(b) JURISDICTIONAL CONSIDERATIONS.—Not- Finally, the bill allows a court to sions, as my colleague from Tennessee withstanding any other provision of Federal award attorney’s fees to the party re- has outlined. or State law, a domestic court shall not rec- sisting enforcement of the foreign Mr. Speaker, this bipartisan legisla- ognize or enforce a foreign judgment for def- judgment if that party prevails. This tion provides appropriate and nec- amation if the party opposing recognition or

VerDate Nov 24 2008 03:12 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.054 H15JNPT1 erowe on PROD1PC64 with HOUSE H6772 CONGRESSIONAL RECORD — HOUSE June 15, 2009 enforcement establishes that the exercise of I yield back the balance of my time. book purchased over the internet and deliv- personal jurisdiction over such party by the Mr. COHEN. Mr. Speaker, I appre- ered to an address in a foreign country gives foreign court that rendered the judgment ciate the gentleman from Texas, and I them standing. failed to comport with the due process re- understand him clear and well. Some Since the burden of proof is on the author quirements imposed on domestic courts by the Constitution of the United States. people don’t understand us as well as in the United Kingdom, the author must then ‘‘(c) JUDGMENT AGAINST PROVIDER OF we understand each other. hire an attorney, travel to the foreign country, INTERACTIVE COMPUTER SERVICE.—Notwith- I would like to also request that the and defend herself or likely face a default standing any other provision of Federal or previous remarks that I made be incor- judgment. Consequences include, but are not State law, a domestic court shall not recog- porated by reference onto this bill. limited to, stiff fines, outrageous public apolo- nize or enforce a foreign judgment for defa- Mr. KING of New York. Mr. Speaker, today gies, the removal of books from bookstores mation against the provider of an interactive I rise in support of H.R. 2765, legislation that and libraries, or even their destruction. computer service, as defined in section 230 of would prohibit the recognition and enforce- We cannot change other countries’ (libel) the Communications Act of 1934 (47 U.S.C. ment of foreign defamation judgments and 230), whenever the party opposing recogni- laws, nor would we want to. We must respect tion or enforcement of the judgment claims certain foreign judgments against the pro- their laws, as they ought to respect ours. How- that the judgment is inconsistent with such viders of interactive computer services. This ever, we cannot allow foreign citizens to ex- section 230, unless the domestic court deter- bill, like legislation (Free Speech Protection ploit these courts to endanger Americans’ First mines that the judgment is consistent with Act) that I introduced earlier this year attempts Amendment protected speech; especially, such section 230. The burden of establishing to deal with the issue of ‘‘libel tourism’’ that when the subject matter is of such grave im- that the foreign judgment is consistent with threatens not only Americans’ first amendment portance as terrorism and those who finance such section 230 shall lie with the party freedom of speech but also their ability to in- it. seeking recognition or enforcement of the form the general public about existential Just to be clear, we’re not talking about judgment. threats; namely, who are the terrorists and ‘‘(d) APPEARANCES NOT A BAR.—An appear- journalists who carelessly or maliciously slan- ance by a party in a foreign court rendering who are their financial backers. der an individual. In this case we’re talking a foreign judgment to which this section ap- Let me begin by stating the main threat about authors who, after conducting exhaus- plies for the purpose of contesting the for- posed by libel tourism is not just the clever ex- tive research and carefully sourcing their work, eign court’s exercise of jurisdiction in the ploitation of foreign courts’ libel laws to win fi- are providing us glimpses into a dark and se- case, moving the foreign court to abstain nancial judgments against American authors. cretive world. We ought to rely on a variety of from exercising jurisdiction in the case, de- It’s not even the risk that Americans are losing sources for this information and we cannot fending on the merits any claims brought be- their First Amendment guarantee of freedom allow foreign litigants or foreign courts to tell fore the foreign court, or for any other pur- of speech (although that is quite troubling). pose, shall not deprive such party of the us what can be written or published in the right to oppose the recognition or enforce- The danger is that foreign individuals are op- United States. That is a dangerous path we do ment of the judgment under this section. erating a scheme to intimidate authors and not want to follow. ‘‘§ 4103. Attorneys’ fees publishers from even exercising that right. And Some of the plaintiffs bringing such suits are it’s actually scarier because, in many of these ‘‘In any action brought in a domestic court intentionally and strategically refraining from to enforce a foreign judgment for defama- cases, the journalists are trying to write on filing their suits in the United States, even tion, the court may allow the party opposing topics of national and homeland security. though the speech at issue was published in recognition or enforcement of the judgment Therefore it is imperative that Congress ad- the United States, to avoid the First Amend- a reasonable attorney’s fee if such party pre- dress the issue and pass legislation to stop ment protections that Americans enjoy. vails in the action on a ground specified in this nefarious activity at once. But this issue is also very troubling for the subsection (a), (b), or (c) of section 4102.’’. The issue of ‘‘libel tourism’’ threatens not authors, journalists, and even publishers who (b) CLERICAL AMENDMENT.—The table of only Americans’ First Amendment freedom of attempt to write on these subjects. Already we chapters for part VI of title 28, United States speech but also their ability to inform the gen- have seen examples of authors having dif- Code, is amended by adding at the end the following: eral public about existential threats; namely, ficulty getting their articles or books published the identity of terrorists and their financial sup- because publishers fear of being sued over- ‘‘181. Foreign Judgments ...... 4101’’. porters. As the Ranking Member of the Com- seas. Some companies have even gone as far The SPEAKER pro tempore. Pursu- mittee on Homeland Security, it is my duty to as to pay large settlements at the mere threat ant to the rule, the gentleman from oversee policies for protecting our nation from of legal actions. So not only are authors being Tennessee (Mr. COHEN) and the gen- potential terrorist attacks—a charge I take very injured for the works they have previously writ- tleman from Texas (Mr. GOHMERT) each seriously. I receive regular classified briefings ten but they and their publishers are being in- will control 20 minutes. on dangerous plots to attack the United States timidated from writing future articles on these The Chair recognizes the gentleman so I know just how grave these threats are. important topics. The free expression and pub- from Tennessee. We cannot allow foreigners the ability to muz- lication by journalists, academics, commenta- GENERAL LEAVE zle Americans for speaking the truth about tors, experts, and others of the information Mr. COHEN. Mr. Speaker, I once these dangers! they uncover and develop through investiga- again ask unanimous consent that all Libel tourism is a recent phenomenon in tive research and study is essential to the for- Members have 5 legislative days to re- which certain individuals attempt to obstruct mation of sound public policy and thus the se- vise and extend their remarks and in- the free expression rights of Americans (and curity of Americans. clude extraneous material on the bill the vital interest of the American people) by In turn, the American people are suffering under consideration. seeking out foreign jurisdictions (‘‘forum shop- concrete and profound harm because they, The SPEAKER pro tempore. Is there ping’’) that do not provide the full extent of their representatives, and other government objection to the request of the gen- free-speech protection that is enshrined in our policymakers rely on the free expression of in- tleman from Tennessee? First Amendment. Some of these actions are formation, ideas, and opinions developed by There was no objection. intended not only to suppress the free speech responsible journalists, academics, commenta- rights of journalists and others but also to in- tors, experts, and others for the formulation of b 1700 timidate publishers and other organizations sound public policy, including national security Mr. COHEN. Mr. Speaker, I reserve from disseminating or supporting their work. policy. my time and ask if the gentleman from Unlike in the United States where the bur- Having said that, the United States respects Texas would like to yield back his den of proof is on the plaintiff to show that the the sovereign right of other countries to enact time, wherefore I will yield mine. publication was not only false but also mali- their own laws regarding speech, and seeks Mr. GOHMERT. Mr. Speaker, I yield cious, in countries such as the United King- only to protect the First Amendment rights of myself such time as I may consume. dom it is actually the reverse. And some of Americans in connection with speech that oc- The comments I made previously these ‘‘tourists’’ claims of jurisdiction are ten- curs, in whole or part, in the United States. were with regard to this bill, as amend- uous at best. In many cases, not only are That is why last year I introduced the Free ed, so I would ask that the RECORD so none of the individuals (author, litigant, or pub- Speech Protection Act (H.R. 1304) to defend reflect, and since a lot of people have lisher) associated with the case living in the U.S. persons who are sued for defamation in difficulty hearing me speak very long venue of jurisdiction, but the books aren’t even foreign courts. This legislation would allow because of the accent, I won’t repeat published there. These ‘‘libel tourists’’ stretch U.S. persons to bring a federal cause of action those comments. the law by claiming a handful of copies of the against any person bringing a foreign libel suit

VerDate Nov 24 2008 03:12 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 9920 E:\CR\FM\A15JN7.034 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6773 if the writing did not constitute defamation foreign libel judgments but would also create terprises that are struggling to be valued re- under U.S. law. It would also bar enforcement a federal cause of action allowing American sources in their community, a community full of foreign libel judgments and provide other authors and journalists to sue those foreign of individuals that struggle with all the woes of appropriate injunctive relief by U.S. Courts if a plaintiffs here in the United States. This should technology and deserve not only local busi- cause of action was established. H.R. 1304 be the essential component of any libel tour- nesses for their convenience but also their re- would award damages to the U.S. person who ism bill. The real issue here is not the judg- lationship. brought the action in the amount of the foreign ment or even the libel case itself. Rather, it is Many of these businesses promise hope for judgment, the costs related to the foreign law- the attempt by certain individuals to muzzle many citizens unfamiliar with computers and suit, and the harm caused due to the de- those who dare speak out about terrorism and technology by advocating that they do not creased opportunities to publish, conduct re- the financiers of it. Lawyers are cleverly ex- treat their customers like another invoice num- search, or generate funding. Furthermore, it ploiting foreign libel laws not only to injure ber or item on a list of things to do. would award treble damages if the person American authors and publishing companies, CONCLUSION bringing the foreign lawsuit intentionally en- but more importantly to shut them up. And it I urge my colleagues to remember that cer- gaged in a scheme to suppress First Amend- is working. But we must stop it! tain companies that fall within the category of ment rights. It would allow for expedited dis- In September, I supported and the House ‘‘interactive computer service’’ providers are covery if the court determines that the speech passed H.R. 6146, legislation sponsored by extremely beneficial to the communities they at issue in the foreign defamation action is Representative COHEN, to prohibit U.S. Courts serve. I do not advocate that all judgments protected by the First Amendment. from enforcing these outrageous defamation against these providers are inappropriate, but Nothing in H.R. 1304 would limit the rights suits. At the time, I stated that I believed that we must remember the benefits of such a of foreign litigants who bring good faith defa- bill did not go far enough to combat the threat business and its legitimate concurrence with mation actions to prevail against journalists of libel tourism and that pertains to H.R. 2765 the First Amendment. and others who have failed to adhere to as well. If we do not support the improvement of the standards of professionalism by publishing Nevertheless, I will support H.R. 2765 be- technological community as it is then we false information maliciously or recklessly. The cause it prohibits U.S. (domestic) courts from should not support this bill. However, if we are Free Speech Protection Act does, however, enforcing these outrageous defamation suits. for access to quality computer services, if we attempt to discourage those foreign libel suits We must stand up to the terrorists and their are for greater understanding of the commu- that aim to intimidate, threaten, and restrict the financers, supporters, and sympathizers. How- nities we serve, if we are for fair enforcement freedom of speech of Americans. I am proud ever, this bill does not go far enough nor does of judgments against and for hardworking to have worked closely with Senators ARLEN it resolve the problem of ‘‘libel tourism.’’ For- American citizens, then we must give our full SPECTER, JOE LIEBERMAN, and CHUCK SCHU- eign litigants will still be allowed to file these support to this bill. MER who introduced companion legislation in libel suits overseas with no worry of being I urge my colleagues to join me in support the Senate. countersued here in the U.S. If this bill were of Resolution 2765, which will work to effec- The King/Specter/Lieberman/Schumer legis- to be signed into law, the litigants would never tively help Americans prepare for the future lation also has the backing of various organi- see a dime of the judgments they are award- with the appropriate resources. This is just zations including the Association of American ed, but it’s not money they are after in the first one more step to a more responsible society. Publishers, College Art Association, Anti-Defa- place. They want the publicity, an apology, Mr. Speaker, I vote in support of House mation League, American Jewish Congress, and they want these books to disappear. Most Resolution 2765. American Library Association, 9/11 Families of all they want to intimidate authors and pub- Mr. COHEN. I yield the remainder for a Secure America, American Booksellers lishers. And it’s working! my time. Finally, I will support H.R. 2765 because it Foundation for Free Expression, and the The SPEAKER pro tempore. The is a first step in the right direction. H.R. 2765 American Civil Liberties Union. In addition, question is on the motion offered by is an important and necessary part of any various columnists and editorial boards have the gentleman from Tennessee (Mr. ‘‘libel tourism’’ bill. Unfortunately, it doesn’t put COHEN) that the House suspend the written in support of our approach including an end to the problem and doesn’t provide Floyd Abrams, Andrew McCarthy, the New rules and pass the bill, H.R. 2765, as any deterrence from these suits being filed in amended. York Times, New York Post, and the Wash- the first place. I regret that we could not have ington Times. The question was taken; and (two- come up with a more comprehensive bill on thirds being in the affirmative) the The impetus for a federal law is the case of the House side but I pledge to work with our Dr. Rachel Ehrenfeld, a U.S. citizen and Direc- rules were suspended and the bill, as Senate sponsors to improve this legislation amended, was passed. tor of the American Center for Democracy. Dr. over in the other Chamber. Ehrenfeld’s 2003 book, ‘‘Funding Evil: How A motion to reconsider was laid on Ms. JACKSON-LEE of Texas. Mr. Speaker, the table. Terrorism is Financed and How to Stop it,’’ I rise today to voice my support for House which was published solely in the United Resolution 2765, prohibiting recognition and f States by a U.S. publisher, alleged that a enforcement of foreign defamation judgments CONGRESSIONAL REVIEW ACT Saudi Arabian subject and his family finan- and certain foreign judgments against the pro- IMPROVEMENT ACT cially supported alQaeda in the years pre- viders of interactive computer services, intro- Mr. COHEN. Mr. Speaker, I move to ceding the attacks of September 11, 2001. He duced by Representative COHEN, which articu- suspend the rules and pass the bill sued Dr. Ehrenfeld for libel in England be- lates the sense of Congress regarding the (H.R. 2247) to amend title 5, United cause under English law, it is not necessary United States commitment to freedom of States Code, to make technical amend- for a libel plaintiff to prove falsity or actual speech. I would also like to thank Congress- ments to certain provisions of title 5, malice as is required in the U.S. After the man COHEN for this important legislation, his United States Code, enacted by the English court entered a judgment against Dr. leadership in bringing this legislation forth and Congressional Review Act, as amended. Ehrenfeld, she sought to shield herself with a for working together to see that the First The Clerk read the title of the bill. declaration from both federal and state courts Amendment to the Constitution is not just The text of the bill is as follows: that her book did not create liability under something we talk about, but something that is H.R. 2247 American law, but jurisdictional barriers pre- achieved. The heart of this bill lies in inter- Be it enacted by the Senate and House of Rep- vented both the federal and New York State active computer services. resentatives of the United States of America in courts from acting. Reacting to this problem, Interactive computer services provide an op- Congress assembled, the Governor of New York, on May 1, 2008, portunity for free enterprise to take place. ‘‘I SECTION 1. SHORT TITLE. signed into law the ‘‘Libel Terrorism Protection am convinced,’’ asserts RICHARD LUGAR ‘‘that This Act may be cited as the ‘‘Congres- Act’’, commonly known as ‘‘Rachel’s Law.’’ the majority of American people do under- sional Review Act Improvement Act’’. As I said last year, I believe any libel tour- stand that we have a moral responsibility to SEC. 2. TECHNICAL AMENDMENTS TO THE CON- ism bill should include punitive measures to foster the concepts of opportunity, free enter- GRESSIONAL REVIEW ACT. discourage these ridiculous lawsuits from prise, the rule of law, and democracy. They (a) GOVERNMENT PAPERWORK REDUCTION.— understand that these values are the hope of Section 801 of title 5, United States Code, is being filed in the first place. It was my hope amended as follows: that during this new Congress we could work the world’’. (1) REPEAL OF REQUIREMENT FOR SUBMITTAL together to introduce a bill that would solve TEXAS OF TEXT OF RULES AND CERTAIN OTHER MATE- this problem once and for all, legislation which In my state of Texas there are a variety of RIALS TO BOTH HOUSES OF CONGRESS.—Sub- would not only ban the enforcement of these small interactive foreign computer service en- section (a)(1) is amended—

VerDate Nov 24 2008 04:22 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.019 H15JNPT1 erowe on PROD1PC64 with HOUSE H6774 CONGRESSIONAL RECORD — HOUSE June 15, 2009 (A) by striking ‘‘each House of the Con- the administrative burdens currently Congressional Review Act, shifting gress and to’’ in subparagraph (A); mandated by the Congressional Review some of the Parliamentarian’s paper- (B) by striking ‘‘each House of’’, and in- Act. work responsibilities to the Comp- serting ‘‘on request’’ after ‘‘Congress’’, in The Congressional Review Act is the troller General. subparagraph (B); and congressional mechanism for reviewing The day-to-day volume of paperwork (C) by striking subparagraph (C). agency rules. It currently requires that that the small staff of the Parliamen- (2) LISTING IN CONGRESSIONAL RECORD OF EACH RULE RECEIVED BY THE COMPTROLLER when an agency promulgates a rule, it tarian’s office confronts under the act GENERAL.—Subsection (e) is amended to read must submit documents to both Houses is large. By reducing this burden on the as follows: of Congress and to the Comptroller Parliamentarian, this bill will improve ‘‘(e)(1) The Comptroller General shall sub- General of the Government Account- the efficiency of House operations mit to each House of Congress a weekly re- ability Office. while at the same time not hampering port containing a list of each rule received The agency must submit a report oversight of agency rules. by the Comptroller General pursuant to sub- that contains a copy of the rule, a con- We obtained this measure’s passage section (a) since the last such report was cise general statement describing it, in the last Congress, but the Senate, submitted. The report shall include a nota- tion for each such rule indicating whether or and its proposed effective date. Thus, unfortunately, did not act upon it. I not the rule is a major rule. under current law, the same material urge the House to pass it again this ‘‘(2) The Speaker of the House of Rep- is submitted to, housed in, and printed term, and I am hopeful the Senate will resentatives shall cause to be published in by four different government entities. pass it as well. The goal is to provide the Congressional Record, in that portion of This approach creates unnecessary assistance to the overworked Parlia- the Record relating to the proceedings of the burdens. For example, the House Par- mentarian’s office. House of Representatives, each report re- liamentarian has testified before the I have remained grateful to the Par- ceived from the Comptroller General under House Judiciary Subcommittee on liamentarian’s office ever since the paragraph (1) since the last such publication Commercial and Administrative Law first time in my first term here I went in the House portion of the Record and, for in three separate Congresses about the up to be Speaker pro tem and was ad- each rule listed in such report, a statement of referral by the Speaker to the committee ever-increasing volume of executive vised by the Parliamentarian to be or committees of the House with responsi- branch communications under the Con- careful when I leaned back because the bility for review of that rule. gressional Review Act and its over- chair didn’t have much back support, ‘‘(3) There shall be published in the Con- whelming impact on the operations of therefore averting me from on-camera gressional Record, in that portion of the the Parliamentarian’s office. falling back and flailing my arms, as I Record relating to the proceedings of the This bill eliminates the requirement would have without the Parliamentar- Senate, each report received from the Comp- that agencies submit copies of rules ian’s assistance. troller General under paragraph (1) since the with accompanying reports to each Ms. JACKSON-LEE of Texas. Mr. Speaker, last such publication in the Senate portion House of Congress. Instead, the House I rise today in strong support of H.R. 2247, the of the Record and, for each rule listed in such report, a statement of the referral, if and Senate will receive a weekly list of ‘‘Congressional Review Act Improvement Act.’’ any, to the committee or committees of the all rules from the Comptroller General. I would like to thank my colleague, Congress- Senate with responsibility for review of that The House and Senate would then have man STEVE COHEN, for introducing this bill, rule.’’. the list printed in the CONGRESSIONAL and for providing leadership on this important (b) CONFORMING AMENDMENTS.—Chapter 8 RECORD with a statement of referral for issue. of such title is further amended— each rule. I support this bill. It eliminates waste by re- (1) in section 801(a)(3)(A)(i), by striking Under the bill, the House and Senate quiring that federal agencies must submit ‘‘Congress’’ and inserting ‘‘Comptroller Gen- retain the option to directly obtain re- specified information about a rule to both eral’’; ports on major rules. Importantly, the Houses of Congress before such rule can take (2) in section 801(a)(4), by striking ‘‘Con- bill makes no changes to the authority gress’’ and inserting ‘‘the Comptroller Gen- effect; (thus requiring that the information be eral’’; of Congress under the Congressional submitted to only the Comptroller General). (3) in section 801(d)(2)(B), by striking ‘‘Con- Review Act to disapprove agency rules. Moreover, it requires the Comptroller General gress’’ and inserting ‘‘the Comptroller Gen- What it basically does is it cuts out to submit to each House a weekly report con- eral’’; some unnecessary paperwork and saves taining a list of the rules received, including a (4) in section 802(a), by striking ‘‘Congress’’ forests. notation identifying each major rule. the first place it appears and inserting ‘‘the I thank Judiciary Committee Chair- These reductions and minimization of waste Comptroller General’’; and man John Conyers, Ranking Member standards provided by this bill should result in (5) in section 802(b)(2)(A), by striking ‘‘Con- Lamar Smith, and Trent Franks, rank- a substantial cost savings to the federal gov- gress’’ and inserting ‘‘Comptroller General’’. ing member of the Subcommittee on ernment. In times like we are in now, it is im- (c) EFFECTIVE DATE.—The amendments made by this Act shall take effect 60 days Commercial and Administrative Law, portant that the government cut costs. I sup- after the date of the enactment of this Act. for being original cosponsors of this port this bill. H.R. 2247 amends the current law. The pri- The SPEAKER pro tempore. Pursu- bill with me. This is a commonsense bill that mary purpose of the legislation is to have the ant to the rule, the gentleman from rightfully has strong bipartisan sup- Comptroller general replace congress. H.R. Tennessee (Mr. COHEN) and the gen- port. I urge my colleagues to support 2247 eliminates the requirement that agencies tleman from Texas (Mr. GOHMERT) each it. submit paper copies of their rules that are will control 20 minutes. I reserve the balance of my time. printed in the Federal Register to each House The Chair recognizes the gentleman Mr. GOHMERT. Mr. Speaker, I join while continuing a referral of all rules printed from Tennessee. my colleague in support of H.R. 2247, in the Federal Register and the periodic indi- GENERAL LEAVE the Congressional Review Act Improve- cation of those referrals in the CONGRESSIONAL Mr. COHEN. Mr. Speaker, I ask unan- ment Act. RECORD. Instead, the Comptroller General will imous consent that all Members have 5 The Congressional Review Act pro- send out the weekly list of rules to both the legislative days to extend and revise vides Congress with a vital but House and the Senate from the GAO, and their remarks and include extraneous underused tool to oversee how agencies then the Comptroller General would put that material on the bill under consider- exercise the legislative authority Con- list in the CONGRESSIONAL RECORD. ation. gress delegates to them. This bipar- This bill eliminates the excessive duplication The SPEAKER pro tempore. Is there tisan reform, the Congressional Review and printing of rules. This bill adds a common- objection to the request of the gen- Act Improvement Act, is an important sense approach to rulemaking, the printing, tleman from Tennessee? first step towards improving the act’s publication and dissemination of those rules. It There was no objection. efficiency and effectiveness. It is a is simple and the reforms that it brings should Mr. COHEN. Mr. Speaker, I yield my- measure first proposed in the 106th yield a substantial cost savings to the U.S. self such time as I may consume. Congress by the late Henry Hyde. It Treasury. H.R. 2247, the Congressional Review had bipartisan support then, just as it I am proud to support this bill because it Act Improvement Act, would cut gov- does today. eliminates duplicative and needless paperwork ernmental waste by reducing duplica- This legislation will streamline the and should provide a cost savings. I urge my tive paperwork and relieving some of House Parliamentarian’s role under the colleagues to support this bill.

VerDate Nov 24 2008 03:12 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\CR\FM\A15JN7.036 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6775 Mr. Speaker, I have no further speak- Mr. SCOTT of Virginia. I yield myself staff members to discuss this problem ers. I yield back the balance of my such time as may consume. back before the legislation was origi- time and urge my colleagues to support Mr. Speaker, H.R. 2661, the Court Se- nated and we were trying to address this bill. curity Enhancement Act, addresses im- some of the problems that had been Mr. COHEN. Mr. Speaker, I too would proper public disclosure of private in- created. yield the balance of my time and ask formation regarding all Federal em- In recent years, we have seen an in- for a favorable vote on the proposition ployees, Federal officers, and persons crease in violence and threats against before us, as amended. involved in the judicial system. Spe- judges, prosecutors, defense counsel, The SPEAKER pro tempore. The cifically, this bill addresses the public law enforcement officers, and court- question is on the motion offered by disclosure of private information with house employees. According to the Ad- the gentleman from Tennessee (Mr. the intent to threaten, intimidate or ministrative Office of the U.S. Courts, COHEN) that the House suspend the incite violence against a Federal em- almost 700 threats a year are made rules and pass the bill, H.R. 2247, as ployee or officer, a person involved in against Federal judges. In numerous amended. the judicial system, or his or her fam- cases, it has been necessary to assign The question was taken. ily. Federal judges security details for fear The SPEAKER pro tempore. In the The safety of all who participate in of attack by criminal defendants and opinion of the Chair, two-thirds being our judicial process is essential to the disgruntled litigants. in the affirmative, the ayes have it. integrity of our judicial system. We now have in place procedures to Mr. COHEN. Mr. Speaker, on that I Threats and attacks against citizens improve coordination between U.S. demand the yeas and nays. and court officials are also attacks on marshals and the Federal judiciary and The yeas and nays were ordered. the fair and effective administration of strengthen security measures for Fed- The SPEAKER pro tempore. Pursu- justice. eral prosecutors handling dangerous ant to clause 8 of rule XX and the It is already a felony to knowingly trials against terrorists and drug orga- Chair’s prior announcement, further disclose with harmful intent restricted nizations, as well as organized crime proceedings on this motion will be personal information, including a Fed- figures. postponed. eral employee’s home address, home The law now also prohibits public f phone number or Social Security num- disclosure on the Internet or other pub- ber. However, the maximum penalty is lic sources of personal information COURT SECURITY ENHANCEMENT currently 5 years. This bill will in- about judges, law enforcement officers, ACT OF 2009 crease that penalty to 10 years. victims and witnesses, and also pro- Mr. SCOTT of Virginia. Mr. Speaker, The United States Sentencing Com- tects Federal judges and prosecutors I move to suspend the rules and pass mission has brought to our attention from organized efforts to harass and in- the bill (H.R. 2661) to amend title 18, the disparity between the 5-year pen- timidate them through false filings of United States Code, to increase the alty for this crime and the 10-year pen- liens or other encumbrances against penalty for violations of section 119 (re- alty for another serious form of harass- their personal property. lating to protection of individuals per- ment and attack on Federal employees, I introduced H.R. 2661, the Court Se- forming certain official duties), as that of filing false liens against the curity Enhancement Act, to make two amended. Federal employee. important corrections to the court se- The Clerk read the title of the bill. The Sentencing Commission has curity statutes. At the recommenda- The text of the bill is as follows: asked whether or not we intended that tion of the U.S. Sentencing Commis- H.R. 2661 disparity. We did not. To reduce the sion, the bill does increase, as my col- Be it enacted by the Senate and House of Rep- disparity and to bring the penalty for league from Virginia mentioned, the resentatives of the United States of America in disclosing private information with a penalty for violations of section 119 of Congress assembled, criminal intent in line with the seri- title 18 from a maximum of 5 to a max- SECTION 1. SHORT TITLE. ousness of the offense, the Court Secu- imum of 10 years. This Act may be cited as the ‘‘Court Secu- rity Enhancement Act increases the This action prohibits the public dis- rity Enhancement Act of 2009’’. penalty from 5 to 10 years. closure of certain personal information SEC. 2. INCREASE OF PENALTY. This bill also corrects a conflict we of Federal judges, prosecutors, defense Section 119(a) of title 18, United States inadvertently created last session in counsel, jurors, witnesses, or the fam- Code, is amended by striking ‘‘5 years’’ and sections 503 and 504 of the Court Secu- ily members of these individuals. This inserting ‘‘10 years’’. rity Improvement Act of 2007. This bill commonsense, straightforward change SEC. 3. RESOLVING A WORKLOAD REQUIREMENT eliminates that conflict and clarifies will conform the penalties for section FOR SENIOR JUDGE PARTICIPATION IN COURT GOVERNANCE. that senior judges must perform at 119 offenses to the penalties of the Section 631(a) of title 28, United States least the equivalent of a 6-month work- other comparable court security provi- Code, is amended by striking ‘‘(including any load of an active judge to participate in sions. judge in regular active service and any judge court governance matters, including At the recommendation of the U.S. who has retired from regular active service the selection of magistrate judges. Judicial Conference, the bill also elimi- under section 371(b) of this title, when des- I urge my colleagues to support this nates an inconsistency unintentionally ignated and assigned to the court to which important legislation and thank the created by the Court Security Improve- such judge was appointed)’’. gentleman from Texas for introducing ment Act pertaining to requirements The SPEAKER pro tempore. Pursu- the bill. for senior district court judge partici- ant to the rule, the gentleman from I reserve the balance of my time. pation in court governance. This sim- Virginia (Mr. SCOTT) and the gen- Mr. GOHMERT. Mr. Speaker, I yield ple amendment will ensure consistent tleman from Texas (Mr. GOHMERT) each myself such time as I may consume. application of the statutes governing will control 20 minutes. On January 7th of last year, Presi- senior district court judges. The Chair recognizes the gentleman dent Bush did sign into law a critical I do want to thank Chairman CON- from Virginia. piece of legislation, the Court Security YERS, Chairman SCOTT and Ranking GENERAL LEAVE Improvement Act. I was pleased to join Member SMITH for their support and Mr. SCOTT of Virginia. Mr. Speaker, Chairman CONYERS and Chairman prompt consideration of the bill. It is I ask unanimous consent that all Mem- SCOTT as an original cosponsor of the imperative we continue to work to- bers have 5 legislative days to revise bill. gether in a bipartisan effort to ensure and extend their remarks and include This bipartisan, bicameral effort im- that judges, witnesses, courthouse per- extraneous material on the bill under proves security for Federal judges, sonnel, and law enforcement officers do consideration. their staffs, victims, witnesses, and all not face threats and violence while car- The SPEAKER pro tempore. Is there those who participate in our Federal rying out their duties, and, if there is, objection to the request of the gen- justice system. I had the honor and that there are serious consequences. tleman from Virginia? privilege to sit down with a number of With that, I urge my colleagues to There was no objection. judges and witnesses and victims and support the bill.

VerDate Nov 24 2008 03:12 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.059 H15JNPT1 erowe on PROD1PC64 with HOUSE H6776 CONGRESSIONAL RECORD — HOUSE June 15, 2009 Mr. JOHNSON of Georgia. Mr. Speaker. I Joan Humphrey Lefkow’s husband and mother EXPRESSING CONDOLENCES TO rise today in strong support of H.R. 2661, the reminds us that the danger has not abated. THE FAMILIES OF VICTIMS OF ‘‘Court Security Enhancement Act of 2009.’’ I Mr. Speaker, H.R. 2661 increases the pen- THE CONAGRA FOOD PLANT EX- would like to thank my colleague Representa- alty of violating Section 119(a) of title 18, PLOSION tive LOUIE GOHMERT for introducing this impor- United States Code to 10 years instead of 5 Mr. SCOTT of Virginia. Mr. Speaker, tant piece of legislation, as well as the co- years. The original bill states that it is a crime I move to suspend the rules and agree sponsors. to publish on the Internet restricted personal to the resolution (H. Res. 540) express- I stand in support of this legislation because information concerning judges, law enforce- ing condolences to the families, it adds a simple amendment to title 18 of the ment, public safety officers, jurors, witnesses friends, and loved ones of the victims United States Code, which will make a huge or other officers in any United States Court. of the catastrophic explosion at the impact on the protection and safety of individ- The penalty for a violation was a maximum ConAgra Foods plant in Garner, North uals performing certain official duties in the term of imprisonment of 5 years. However, Carolina, and for other purposes. courts. This amendment will prohibit the public H.R. 2661 will make this maximum term of im- The Clerk read the title of the resolu- disclosure of certain personal information of prisonment 10 years. tion. federal judges, prosecutors, defense counsel, Additionally, the original bill increases the The text of the resolution is as fol- witnesses, or family members of these individ- maximum penalty for killing or attempting to lows: uals. The bill will also clarify and eliminate an kill a witness, victim or informant to obstruct H. RES. 540 inconsistency that was unintentionally created justice or in retaliation for their testifying or Whereas the people of North Carolina expe- by the Court Security Improvement Act, which providing information to law enforcement by rienced a devastating tragedy when a mas- pertained to the requirements for a Senior Dis- increasing maximum penalties. sive explosion occurred at the ConAgra trict Court Judge’s participation in court gov- The original Act provides a three-pronged Foods plant in Garner, North Carolina, shortly before 11:30 a.m. on June 9, 2009; ernance. But most importantly this amendment legislative response to the security challenges facing our judicial institutions and personnel. Whereas the 500,000-square-foot plant, one will increase the penalty for those who violate of the largest owned by ConAgra Foods, em- Section 119(a) of title 18, from a maximum of First, it directs the United States Marshals Service to consult with the Judicial Conference ploys 900 people, 300 of whom were on site five years to a maximum of ten years. when the blast occurred; As a lawyer and a former county Magistrate regarding the security requirements for the ju- Whereas three workers lost their lives Judge, as well as a Georgia State Court dicial branch, in order to improve the imple- when the explosion ripped through the plant; Judge, I hold this bill very dear to my heart. mentation of security measures needed to pro- Whereas employee Louis Junior Watson re- There is no time more important than the tect judges, court employees, law enforcement entered the building to help a coworker es- officers, jurors and other members of the pub- cape and both employees died when the present, especially considering the recent hate structure caved in; crimes, like the shooting at the Holocaust Mu- lic who are regularly in federal courthouses. The original bill also extends authority to re- Whereas at least 40 employees were in- seum, that have occurred throughout the dact information relating to family members jured, some suffering from exposure to toxic country. The United States Judiciary System ammonia fumes and at least four with crit- from a federal judge’s disclosure statements stands to seek justice for all, so those who are ical burns; required by the Ethics in Government Act and opposed to equality for all Americans usually Whereas three brave firefighters were removes the sunset provision from the redac- take their anger and hate out on innocent peo- treated for inhalation; tion authority, thus making the redaction au- Whereas North Carolina’s first responders, ple. Therefore, it is only fair that there be max- thority permanent. fire, police, and EMS, were quick to the imum protection yielded to those who devote Mr. Speaker, the original bill also enhanced scene and prevented any further loss of life their careers to preserving and enforcing the the security and protection of judicial per- or injury, and private citizens risked their founding principles of our forefathers. sonnel and their families by making it a crimi- well-being to come to the aid of their friends Ms. JACKSON-LEE of Texas. Mr. Speaker, nal offense to maliciously record a fictitious and neighbors; I rise in strong support of H.R. 2661, the Whereas the Garner Police and Fire De- lien against a federal judge or federal law en- partments have cooperated with North Caro- ‘‘Court Security Enhancement Act of 2009.’’ forcement officer. This new crime and punish- This legislation will go a long way toward en- lina Task Force 8 Urban Search and Rescue ment is intended to deter individuals from at- to search and secure the building and its pe- hancing the security and integrity of our judi- tempting to intimidate and harass federal riphery; cial system and the able men and women who judges and employees by filing false liens Whereas agents from the Bureau of Alco- comprise the federal judiciary. against their real and personal property. hol, Tobacco, Firearms and Explosives, the Mr. Speaker, let me quote the Chief Justice All in all, Mr. Speaker, this bill makes a sub- Wake County Fire Marshal, inspectors from of the Texas Supreme Court: ‘‘Our democracy stantial contribution to the enhancement of se- the North Carolina Department of Labor, and the rule of law depend upon safe and se- and agents with the United States Chemical curity of judicial institutions and personnel by Safety Board have combined efforts to inves- cure courthouses.’’ That is because an inde- increasing the penalty for violators of this Act. pendent judiciary is essential for a regime tigate the cause of the explosion; I urge all members to join me in supporting Whereas the United States Environmental based on the rule of law. Nothing can do more this beneficial legislation. Protection Agency has inspected the site of to undermine the independence of the judici- Mr. GOHMERT. Mr. Speaker, I yield the explosion to ensure no contamination ary than the very real threat of physical harm back the balance of my time. spreads from the plant; to members of the judiciary or their families to Mr. SCOTT of Virginia. Mr. Speaker, Whereas the above mentioned agencies will intimidate or retaliate. In 1979, U.S. District I thank the gentleman from Texas for continue to work together with private citi- Court Judge John Wood, Jr., was fatally shot introducing the bill, and I yield back zens to investigate the accident, provide as- outside of his home by assassin Charles sistance to families of the victims, and en- the balance of my time. sure public health and safety in this disas- Harrelson. The murder contract had been The SPEAKER pro tempore. The ter’s aftermath; and placed by Texas drug lord Jamiel Chagra, who question is on the motion offered by Whereas ConAgra has established the was awaiting trial before the judge. the gentleman from Virginia (Mr. ConAgra Foods Garner Plant Fund in mem- In 1988, U.S. District Court Judge Richard SCOTT) that the House suspend the ory of those lost in this tragedy, has set up Daronco was murdered at his house by rules and pass the bill, H.R. 2661, as assistance and relief services for the families Charles Koster, the father of the unsuccessful amended. of the victims, and is helping support sur- plaintiff in a discrimination case. The following The question was taken; and (two- viving workers: Now, therefore, be it Resolved, That the House of Representa- year, U.S. Circuit Court Judge Richard Vance thirds being in the affirmative) the tives— was killed by a letter bomb sent to his home. rules were suspended and the bill, as (1) expresses condolences to the families, The letter bomb was attributed to racist ani- amended, was passed. friends, and loved ones of the victims of the mus against Judge Vance for writing an opin- The title was amended so as to read: explosion at the ConAgra Foods plant in ion reversing a lower-court ruling to lift an 18- ‘‘A bill to amend title 18, United States Garner, North Carolina; year desegregation order from the Duval Code, to increase the penalty for viola- (2) honors Barbara McLean Spears of Dunn, County, Florida, schools. tions of section 119 (relating to protec- North Carolina, Louis Junior Watson of In this age of the global war on terror, the Clayton, North Carolina, and Rachel Mae tion of individuals performing certain Poston Pulley of Clayton, North Carolina, danger faced by federal judges, judicial offi- official duties), and for other pur- who lost their lives in the explosion, and the cers, and court personnel is real, as illustrated poses.’’. 40 others who were injured; by the three murders noted above. The recent A motion to reconsider was laid on (3) expresses sympathies to the people of and tragic murder of U.S. District Court Judge the table. Garner, the entire State of North Carolina,

VerDate Nov 24 2008 04:22 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.030 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6777 and the Nation who grieve for the victims; And, finally, we commend the heroic man CONYERS, and Majority Leader and actions of the first responders, the Gar- HOYER for expediting this resolution to (4) commends the heroic actions of the ner Police and Fire Departments, the the floor today. Garner Police and Fire Departments, the emergency medical personnel, the Mr. Speaker, last Tuesday, June 9, quick response of the Bureau of Alcohol, To- the town of Garner, in my district, bacco, Firearms and Explosives, and all North Carolina Task Force 8 Urban other first responders, emergency services Search and Rescue, the ATF, and all changed forever. A natural gas leak, as personnel, and private citizens who re- other emergency services personnel you’ve heard, ignited a massive explo- sponded to the crisis. and private citizens who came to the sion at the ConAgra Food plant, caus- rescue. Their efforts, along with those ing the collapse of a significant portion b 1715 of the ConAgra employees themselves, of the structure. Three employees died The SPEAKER pro tempore. Pursu- no doubt prevented further loss of life in the explosion; and close to 40 others ant to the rule, the gentleman from and injuries. were injured, four, with critical burns. Virginia (Mr. SCOTT) and the gen- I urge my colleagues to support this This resolution remembers the lives tleman from Texas (Mr. GOHMERT) each important resolution and reserve the of Barbara McLean Spears of Dunn, will control 20 minutes. The Chair rec- balance of my time. North Carolina, Louis Junior Watson ognizes the gentleman from Virginia. Mr. GOHMERT. Mr. Speaker, I yield and Rachel Mae Poston Pulley, both of GENERAL LEAVE myself such time as I may consume. Clayton. They were all hardworking Mr. SCOTT of Virginia. Mr. Speaker, I rise in support of the resolution, Americans who did just what we do I ask unanimous consent that all Mem- which expresses the heartfelt condo- every day: they got up, they went to bers have 5 legislative days to revise lences of this body to the families, work on that fateful day, Tuesday, to and extend their remarks and include friends and loved ones of the victims of make their lives better and to do their extraneous material on the resolution the June 9 explosion at ConAgra Foods part to contribute to America’s work under consideration. plant in Garner, North Carolina. force and success of this Nation. The SPEAKER pro tempore. Is there As the resolution notes, the people of One of those workers, Louis Junior objection to the request of the gen- North Carolina experienced a dev- Watson, was particularly heroic. tleman from Virginia? astating tragedy with a massive explo- Though he had a means of escape, Wat- There was no objection. sion occurring at the plant shortly be- son chose to remain in the building to Mr. SCOTT of Virginia. I yield myself fore 11:30 a.m. The 500,000 square foot aid his coworker, Barbara McLean such time as I may consume. plant employed about 900 people, 300 of Spears, who had fallen. This extraor- Mr. Speaker, with this resolution, whom were on-site when the blast oc- dinary man is truly a hero and exem- the House of Representatives acknowl- curred. As a result of the blast, three plifies the spirit of community and edges the tragedy that occurred at workers lost their lives when the explo- kinship that has strengthened his com- ConAgra on June 9, 2009, and extends sion ripped through the plant. munity. Mr. Watson and his wife, Terri, would our sympathies to the people of Gar- One brave employee, Louis Junior have celebrated their wedding anniver- ner, North Carolina, and to all of those Watson, selflessly re-entered the build- sary yesterday. They had a 14-year-old who were touched by this tragedy. I ing to try to help a coworker escape. son, and 16-year-old and 18-year-old thank the gentleman from North Caro- Tragically, neither employee was able daughters. Louis Junior Watson was lina (Mr. ETHERIDGE) for introducing to escape the plant before the structure laid to rest at 11 a.m. today. this important resolution about such a collapsed. More than 1,000 people attended the sad tragedy. Along with Mr. Watson, the resolu- Sunday funeral services held for Rachel Shortly before 11:30 a.m. on June 9, tion honors the memories of Barbara Mae Poston Pulley. Ms. Pulley was a last Tuesday, a massive explosion McLean Spears, Rachel Mae Poston mother of seven and a grandmother of ripped through the ConAgra plant in Pulley, who were the other two people six. North Carolina while about 300 employ- who perished in the plant. We know Barbara McLean Spears, who was ees were working. The explosion killed that at least 40 employees were injured married one year ago to her partner of three employees and injured at least 38 in the accident. Some suffered from ex- 15 years, Anthony Spears, also leaves others. Three of the responding fire- posure to toxic ammonia fumes, and at behind her 61-year-old mother, Bertha fighters were also treated for chemical least four received critical burns. McLean, two brothers and two nieces. inhalation. After the blast occurred, North Caro- She was also laid to rest yesterday. We wish we could turn back the lina’s first responders, including fire- Mr. Speaker, I ask my colleagues to hands of time and prevent this terrible fighters, police officers, and emergency join me in honoring their lives and tragedy. Unfortunately, we can’t. And, medical technicians, quickly arrived their loved ones who are left behind. instead, we need to do all we can to un- on the scene. Their timely efforts prob- This resolution also recognizes derstand the cause of the explosion so ably prevented many other losses of Mayor Williams and his staff, our first we can minimize the risk of explosions life or injury. This resolution, as my responders, fire, police, EMS, who were like it. colleague from Virginia noted, com- quick to the scene and prevented even This past weekend, the ATF response mends them for their sacrifice and further loss of life or injury. Those team announced that the explosion was courage as well. emergency personnel worked tirelessly caused by a natural gas leak in a room In addition to the first responders, on behalf of our communities; and we that housed vacuum pumps used for we also recognize the private citizens thank all of them, including private sealing snacks. of the proud community of Garner who citizens who stepped up in this great According to news reports, the ATF risked their well-being to come to the time of need. Four of those brave fire- has not found any evidence of criminal aid of the families and friends and fighters, as you’ve already heard, were activity. The Occupational Safety and neighbors of those in the tragedy. injured in the line of duty on Tuesday, Health Administration and the U.S. I join Mr. ETHERIDGE, Chairman and we commend their heroic efforts. Chemical Safety Board, along with oth- SCOTT, and my colleagues in the House The citizens in and around my dis- ers, will continue with the investiga- to express our sincere sympathies to trict have come together in the wake tion. the people of Garner, the entire State of this devastation, and it has been re- We express our deepest condolences of North Carolina, and the Nation who markable. I’m heartened and encour- to the families, friends and loved ones grieve for the victims. aged by the show of support from my of the victims of this tragedy. We I reserve the balance of my time. fellow North Carolinians. honor three employees who lost their Mr. SCOTT of Virginia. Mr. Speaker, Our small communities are enhanced lives in the explosion, Barbara McLean I yield such time as he may consume to by businesses like ConAgra, which em- Spears of Dunn, North Carolina, Louis the sponsor of the resolution, the gen- ployed 900 people at this plant. I’m Junior Watson of Clayton, North Caro- tleman from North Carolina (Mr. pleased to learn that they’ve set up a lina, Rachel Mae Poston Pulley, of ETHERIDGE). recovery fund for the victims, and Clayton, North Carolina; and we also Mr. ETHERIDGE. Mr. Speaker, I they’ve been distributing groceries to honor those who suffered injuries. want to thank my good friend, Chair- their employees in need.

VerDate Nov 24 2008 03:12 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.022 H15JNPT1 erowe on PROD1PC64 with HOUSE H6778 CONGRESSIONAL RECORD — HOUSE June 15, 2009 I know that ConAgra is working to nities that heeded the call to rescue declares the House in recess until 6:30 rebuild the plant, and I look forward to the ConAgra plant employees in a p.m. today. the day when the employees can return quick and safe manner. So we’re very Accordingly (at 5 o’clock and 30 min- to their work. There’s a great demand indebted to them and grateful to them. utes p.m.), the House stood in recess for the products that ConAgra is pro- These first responders put us first, put until 6:30 p.m. ducing in Garner, and I am pleased our communities first every day. f that these snacks and other food prod- There are also many private citizens ucts are made in the Second District of who risked their lives helping plant b 1831 North Carolina. employees evacuate, who gave selfless AFTER RECESS Mr. Speaker, let us remember those assistance to their suffering neighbors. who we have lost and be thankful for That’s a testament to the character The recess having expired, the House those who were saved. Our thoughts and the strength of Garner’s commu- was called to order by the Speaker pro and prayers are with the victims and nity. tempore (Ms. LEE of California) at 6 their families and the entire ConAgra The ConAgra plant, as my colleague, o’clock and 31 minutes p.m. community because they are suffering. Mr. ETHERIDGE, has said, is a corner- f On Friday night I participated in a stone of the Garner and Wake County vigil in Garner to remember and honor community. It was built as a sausage REPORT ON RESOLUTION PRO- the victims. I was honored to attend plant nearly 50 years ago. As we move VIDING FOR CONSIDERATION OF and pleased with the tremendous out- forward, remembering the victims of H.R. 2847, COMMERCE, JUSTICE, pouring of support. this tragedy, and the way that this SCIENCE, AND RELATED AGEN- At 11:30 tomorrow, exactly 1 week plant provided the livelihood for so CIES APPROPRIATIONS ACT, 2010 after the accident, Mayor Williams, the many people, we do hope the plant is Mr. HASTINGS of Florida, from the city of Garner, and all the community rebuilt, and that employees can return Committee on Rules, submitted a priv- will join together with other individ- to work. And we’re heartened that such ileged report (Rept. No. 111–155) on the uals in other communities who were plans seem to be under way. resolution (H. Res. 544) providing for touched by the accident in a moment We do need to remain vigilant, of consideration of the bill (H.R. 2847) of silence to commemorate this dis- course, in our efforts to improve work- making appropriations for the Depart- aster. I hope that we will have Con- place safety. The Bureau of Alcohol, ments of Commerce and Justice, and gress’ voice represented there with the Tobacco and Firearms has concluded Science, and Related Agencies for the passage of this resolution, and I urge their investigation, finding, fortu- fiscal year ending September 30, 2010, my colleagues to support this impor- nately, no evidence of criminal intent. and for other purposes, which was re- tant and necessary and timely resolu- The Chemical Safety Board investiga- ferred to the House Calendar and or- tion. tion is ongoing. We need to get to the dered to be printed. Mr. GOHMERT. Mr. Speaker, I will bottom of this. We need to understand f continue to reserve. what happened; and we need, of course, Mr. SCOTT of Virginia. Mr. Speaker, to adopt practices and policies that REPORT ON RESOLUTION PRO- I yield such time as he may consume to lead to safer facilities in the future and VIDING FOR CONSIDERATION OF another colleague from North Carolina, avoid this kind of tragedy. CONFERENCE REPORT ON H.R. Mr. PRICE. So, Mr. Speaker, in closing, we honor 2346, SUPPLEMENTAL APPRO- Mr. PRICE of North Carolina. Mr. the memories of those that we have PRIATIONS ACT, 2009 Speaker, I am pleased to join col- lost, give thanks for those who have Mr. HASTINGS of Florida, from the leagues here today in offering condo- been spared, and join in sympathy for Committee on Rules, submitted a priv- lences to the families and friends and the victims and their families. ileged report (Rept. No. 111–156) on the coworkers of Barbara McLean Spears, Mr. GOHMERT. Mr. Speaker, I would resolution (H. Res. 545) providing for Louis Junior Watson and Rachel Mae just urge my colleagues to support the consideration of the conference report Poston Pulley, the three workers who resolution, and I yield back the balance to accompany the bill (H.R. 2346) mak- tragically lost their lives in an explo- of my time. ing supplemental appropriations for sion at the ConAgra plant in Garner, Mr. SCOTT of Virginia. Mr. Speaker, the fiscal year ending September 30, North Carolina on June 9. I yield myself such time as I may con- 2009, and for other purposes, which was This area, Garner, North Carolina, is sume and thank my colleagues from referred to the House Calendar and or- an area that I formerly represented as North Carolina for bringing this trag- dered to be printed. their Congressman. It’s now rep- edy to our attention and giving us the resented by our colleague, BOB opportunity to convey our condolences. f ETHERIDGE; and I want to thank BOB I urge my colleagues to support the ANNOUNCEMENT BY THE SPEAKER for sponsoring this resolution here resolution. PRO TEMPORE today and enabling us to come together I yield back the balance of my time. The SPEAKER pro tempore. Pursu- in this time of tribute. The SPEAKER pro tempore. The ant to clause 8 of rule XX, proceedings Our sympathy goes out to the fami- question is on the motion offered by will resume on motions to suspend the lies of the victims, but also to the 40 the gentleman from Virginia (Mr. rules previously postponed. other ConAgra employees who were in- SCOTT) that the House suspend the Votes will be taken in the following jured in this plant’s explosion and col- rules and agree to the resolution, 540. lapse. Some of them have severe burns. The question was taken. order: They have other serious injuries. We The SPEAKER pro tempore. In the House Resolution 430; H.R. 2325; H.R. wish them a successful recovery, and opinion of the Chair, two-thirds being 729; and House Resolution 540, in each we thank the medical providers, in- in the affirmative, the ayes have it. case by the yeas and nays. cluding the Burn Center at UNC Chapel Mr. ETHERIDGE. Mr. Speaker, on Remaining postponed suspension Hill, who are doing so much to treat that I demand the yeas and nays. votes will be taken later in the week. these victims. The yeas and nays were ordered. The first electronic vote will be con- Often it does take a tragedy like the The SPEAKER pro tempore. Pursu- ducted as a 15-minute vote. Remaining ConAgra explosion to publicly high- ant to clause 8 of rule XX and the electronic votes will be conducted as 5- light the courageous work of our first Chair’s prior announcement, further minute votes. responders. We commend those who re- proceedings on this motion will be f sponded to this explosion. There are postponed. EXPRESSING CONDOLENCES TO many stories of bravery that prevented f further injury or loss of life. The fire- ITALIAN EARTHQUAKE VICTIMS fighters, the police, the emergency RECESS The SPEAKER pro tempore. The un- medical services of Garner and Wake The SPEAKER pro tempore. Pursu- finished business is the vote on the mo- County and many surrounding commu- ant to clause 12(a) of rule I, the Chair tion to suspend the rules and agree to

VerDate Nov 24 2008 03:12 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.063 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6779 the resolution, H. Res. 430, as amended, Meek (FL) Price (GA) Smith (WA) ANNUAL MEMBERS AND FORMER Meeks (NY) Price (NC) Snyder on which the yeas and nays were or- Melancon Quigley Souder MEMBERS CHARITY GOLF TOUR- dered. Mica Radanovich Space NAMENT The Clerk read the title of the resolu- Miller (FL) Rahall Speier (Mr. WAMP asked and was given per- tion. Miller (MI) Rangel Spratt Miller (NC) Rehberg Stark mission to address the House for 1 The SPEAKER pro tempore. The Miller, Gary Reichert Stearns minute.) question is on the motion offered by Miller, George Reyes Stupak Mr. WAMP. Madam Speaker, this the gentleman from American Samoa Minnick Richardson Sutton afternoon at the Army Navy Golf Club Mitchell Rodriguez Tanner (Mr. FALEOMAVAEGA) that the House Mollohan Roe (TN) Tauscher in Washington, D.C., we had the An- suspend the rules and agree to the reso- Moore (KS) Rogers (AL) Taylor nual Members and Former Members lution, H. Res. 430, as amended. Moore (WI) Rogers (KY) Teague Charity Golf Tournament, where we Moran (KS) Rooney Terry raised a significant amount of money The vote was taken by electronic de- Murphy (CT) Ros-Lehtinen Thompson (CA) vice, and there were—yeas 381, nays 0, Murphy (NY) Roskam Thompson (MS) for the Wounded Warriors Project of not voting 53, as follows: Murphy, Patrick Ross Thompson (PA) the Disabled Sports Foundation. Murphy, Tim Rothman (NJ) Thornberry We had nine of the wounded warriors, [Roll No. 336] Murtha Roybal-Allard Tiahrt these patriotic Americans who are YEAS—381 Myrick Royce Tiberi Nadler (NY) Ruppersberger Tierney maimed or injured, playing with us Abercrombie Culberson Honda Napolitano Ryan (OH) Titus today in the Annual Members and Ackerman Cummings Hoyer Neal (MA) Ryan (WI) Tonko Former Members Golf Tournament. We Aderholt Dahlkemper Hunter Neugebauer Salazar Tsongas raised a significant amount of money Adler (NJ) Davis (AL) Inglis Nunes Sa´ nchez, Linda Turner Akin Davis (CA) Inslee Nye T. Upton for the Wounded Warriors Disabled Altmire Davis (IL) Israel Oberstar Sanchez, Loretta Van Hollen Foundation today. Andrews Davis (KY) Issa Obey Sarbanes Vela´ zquez We want to thank the majority lead- Arcuri Davis (TN) Jackson (IL) Olson Scalise Visclosky er, STENY HOYER, and the Republican Austria DeFazio Jackson-Lee Olver Schakowsky Walden Baca DeGette (TX) Ortiz Schauer Walz leader, JOHN BOEHNER, who played on Bachus Delahunt Jenkins Pallone Schiff Wamp the same team today. There was civil- Baird DeLauro Johnson (GA) Pascrell Schmidt Wasserman ity. There was comity and respect be- Baldwin Dent Johnson, Sam Pastor (AZ) Schock Schultz cause we stood together to honor these Barrow Diaz-Balart, L. Jones Paul Schrader Watson Bartlett Diaz-Balart, M. Jordan (OH) Paulsen Schwartz Watt great Americans, these wounded war- Barton (TX) Dicks Kagen Payne Scott (GA) Waxman riors, and raise money for them today. Bean Dingell Kanjorski Pelosi Scott (VA) Weiner Our whip, JIM CLYBURN, was on my Becerra Doggett Kaptur Pence Sensenbrenner Welch team. We had a great day. CHET ED- Berkley Doyle Kildee Perlmutter Serrano Westmoreland Berman Dreier Kilpatrick (MI) Perriello Sessions Wexler WARDS was the captain of the Demo- Biggert Driehaus Kind Peters Shea-Porter Whitfield cratic team. Bilbray Edwards (MD) King (IA) Peterson Sherman Wilson (OH) We do want to recognize a couple of Bilirakis Edwards (TX) King (NY) Petri Shimkus Wilson (SC) scores from the golf tournament today. Bishop (GA) Ehlers Kingston Pitts Shuster Wittman Bishop (NY) Ellison Kirk Platts Skelton Wolf I know the trophy is over on the Re- Bishop (UT) Ellsworth Kirkpatrick (AZ) Poe (TX) Slaughter Woolsey publican side, and with the baseball Blumenauer Emerson Kissell Polis (CO) Smith (NE) Wu Boccieri Eshoo Klein (FL) game on Wednesday night, we thought Pomeroy Smith (NJ) Yarmuth we had better enjoy a trophy being Boehner Etheridge Kline (MN) Posey Smith (TX) Young (AK) Bono Mack Fallin Kosmas over here while we can because the Boozman Farr Kratovil NOT VOTING—53 Democrats are favored in baseball this Boren Fattah Kucinich Boswell Filner Lamborn Alexander Duncan McMahon year. That is on Wednesday night. But, Boustany Flake Lance Bachmann Engel Michaud today, Republicans did win the trophy. Boyd Fleming Langevin Barrett (SC) Frank (MA) Moran (VA) The top 10 Republicans played the Berry Gingrey (GA) Brady (PA) Forbes Larsen (WA) Pingree (ME) top 10 Democrats. I have to say that Braley (IA) Fortenberry Larson (CT) Blackburn Graves Putnam Bright Foster Latham Blunt Grijalva Rogers (MI) the low gross award went to STEVE Brown (SC) Foxx LaTourette Bonner Hensarling Rohrabacher BUYER of Indiana. The low net award Boucher Hoekstra Brown-Waite, Franks (AZ) Latta Rush HRIS ARNEY Brady (TX) Johnson (IL) went to C C . Second for low Ginny Frelinghuysen Lee (CA) Sestak Broun (GA) Johnson, E. B. net, I have to say, was DON YOUNG. He Buchanan Fudge Lee (NY) Shadegg Brown, Corrine Kennedy got inched out by a stroke. Burgess Gallegly Levin Shuler Burton (IN) Garrett (NJ) Lewis (CA) Carter Kilroy Everybody was a winner. We had tre- Coble Lewis (GA) Simpson Butterfield Gerlach Linder Sires mendous support from the PGA and all Buyer Giffords Lipinski Coffman (CO) Loebsack Cooper Maloney Sullivan of our sponsors. Most importantly, we Calvert Gohmert LoBiondo Towns Camp Gonzalez Lofgren, Zoe Costello Manzullo raised money for the Wounded Warrior Waters Campbell Goodlatte Lowey Deal (GA) Marchant Fund. These guys are unbelievable, Young (FL) Cantor Gordon (TN) Lucas Donnelly (IN) Marshall these guys that come back without Cao Granger Luetkemeyer ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE limbs, some of them with severe head Capito Grayson Luja´ n Capps Green, Al Lummis The SPEAKER pro tempore (during trauma, and today they played golf Capuano Green, Gene Lungren, Daniel the vote). Members have 2 minutes re- with us. They are learning to live with Cardoza Griffith E. their injuries, and we supported them Carnahan Guthrie Lynch maining to vote. Carney Gutierrez Mack today. Carson (IN) Hall (NY) Maffei I want to yield to the distinguished Cassidy Hall (TX) Markey (CO) b 1856 captain of the Democratic team, Mr. Castle Halvorson Markey (MA) Mr. SERRANO changed his vote from EDWARDS of Texas. Castor (FL) Hare Massa Mr. EDWARDS of Texas. Madam Chaffetz Harman Matheson ‘‘nay’’ to ‘‘yea.’’ Chandler Harper Matsui So (two-thirds being in the affirma- Speaker, it is with a heavy heart that Childers Hastings (FL) McCarthy (CA) tive) the rules were suspended and the I look at that trophy on the Repub- Clarke Hastings (WA) McCarthy (NY) lican side of the aisle. I want to con- Clay Heinrich McCaul resolution, as amended, was agreed to. gratulate Mr. WAMP, the captain of the Cleaver Heller McClintock The result of the vote was announced Republican team, and the entire Re- Clyburn Herger McCollum as above recorded. Cohen Herseth Sandlin McCotter publican team. But it is with inspira- Cole Higgins McDermott A motion to reconsider was laid on tion that I say the real winners today Conaway Hill McGovern the table. Connolly (VA) Himes McHenry were the servicemen and -women who Conyers Hinchey McHugh Stated for: have served our country and sacrificed Costa Hinojosa McIntyre Mr. COFFMAN of Colorado. Madam Speak- greatly on behalf of our Nation. It was Courtney Hirono McKeon er, on rollcall No. 336, I was unavoidably de- a tremendous privilege for each and Crenshaw Hodes McMorris Crowley Holden Rodgers tained. Had I been present, I would have every one of us to get to meet these Cuellar Holt McNerney voted ‘‘yea.’’ great, great Americans.

VerDate Nov 24 2008 03:12 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.067 H15JNPT1 erowe on PROD1PC64 with HOUSE H6780 CONGRESSIONAL RECORD — HOUSE June 15, 2009 I look forward to that trophy being Jordan (OH) Miller, George Schakowsky b 1906 back on this side of the aisle next year, Kagen Minnick Schauer Kanjorski Mitchell Schiff So (two-thirds being in the affirma- Mr. WAMP. Congratulations to you. Kaptur Mollohan Schmidt tive) the rules were suspended and the Mr. WAMP. Thank you. Kildee Moore (KS) Schock bill was passed. Kilpatrick (MI) Moore (WI) Schrader f Kind Moran (KS) Schwartz The result of the vote was announced King (IA) Murphy (CT) Scott (GA) as above recorded. ANNOUNCEMENT BY THE SPEAKER King (NY) Murphy (NY) Scott (VA) A motion to reconsider was laid on PRO TEMPORE Kingston Murphy, Patrick Sensenbrenner the table. Kirk Murphy, Tim Serrano The SPEAKER pro tempore. Without Kirkpatrick (AZ) Murtha Sessions f objection, 5-minute voting will con- Kissell Myrick Shea-Porter tinue. Klein (FL) Nadler (NY) Sherman PHYLICIA’S LAW There was no objection. Kline (MN) Napolitano Shimkus Kosmas Neal (MA) Shuster The SPEAKER pro tempore. The un- f Kratovil Neugebauer Skelton finished business is the vote on the mo- Kucinich Nunes Slaughter tion to suspend the rules and pass the Lamborn Nye LAREDO VETERANS POST OFFICE Smith (NE) bill, H.R. 729, as amended, on which the Lance Oberstar Smith (NJ) The SPEAKER pro tempore. The un- Langevin Obey Smith (WA) yeas and nays were ordered. finished business is the vote on the mo- Larsen (WA) Olson Snyder The Clerk read the title of the bill. Latham Ortiz tion to suspend the rules and pass the Souder The SPEAKER pro tempore. The LaTourette Pallone Speier bill, H.R. 2325, on which the yeas and Latta Pastor (AZ) Spratt question is on the motion offered by nays were ordered. Lee (CA) Paul Stark the gentleman from the Northern Mar- Lee (NY) Paulsen Stearns iana Islands (Mr. SABLAN) that the The Clerk read the title of the bill. Levin Payne Stupak The SPEAKER pro tempore. The Linder Pence House suspend the rules and pass the Sutton Lipinski Perlmutter question is on the motion offered by Tanner bill, H.R. 729, as amended. LoBiondo Perriello the gentleman from Massachusetts Tauscher This will be a 5-minute vote. Lofgren, Zoe Peters Taylor (Mr. LYNCH) that the House suspend Lowey Peterson The vote was taken by electronic de- Teague Lucas Petri vice, and there were—yeas 319, nays 60, the rules and pass the bill, H.R. 2325. Terry Luetkemeyer Pitts This will be a 5-minute vote. Thompson (CA) not voting 54, as follows: Luja´ n Platts Thompson (MS) The vote was taken by electronic de- Lummis Poe (TX) [Roll No. 338] Thompson (PA) vice, and there were—yeas 374, nays 0, Lungren, Daniel Polis (CO) YEAS—319 E. Pomeroy Thornberry not voting 59, as follows: Abercrombie Cuellar Himes Lynch Posey Tiahrt Ackerman Culberson Hinchey [Roll No. 337] Mack Price (GA) Tierney Aderholt Cummings Hinojosa Maffei Price (NC) Titus YEAS—374 Adler (NJ) Dahlkemper Hirono Markey (CO) Quigley Tonko Abercrombie Carter Forbes Altmire Davis (AL) Hodes Markey (MA) Radanovich Tsongas Ackerman Cassidy Fortenberry Andrews Davis (CA) Holden Massa Rahall Turner Aderholt Castle Foster Arcuri Davis (IL) Holt Matheson Rangel Upton Adler (NJ) Castor (FL) Foxx Austria Davis (TN) Honda Matsui Rehberg Van Hollen Akin Chaffetz Franks (AZ) Baca DeFazio Hoyer McCarthy (CA) Reichert Vela´ zquez Altmire Chandler Frelinghuysen Bachus DeGette Hunter McCaul Reyes Visclosky Andrews Childers Fudge Baird Delahunt Inslee McClintock Richardson Walden Arcuri Clarke Gallegly Baldwin DeLauro Israel McCollum Rodriguez Walz Austria Clay Garrett (NJ) Barrow Dent Jackson (IL) McCotter Roe (TN) Wamp Baca Cleaver Gerlach Bean Diaz-Balart, L. Jackson-Lee McDermott Rogers (AL) Wasserman Bachus Clyburn Giffords Becerra Diaz-Balart, M. (TX) McGovern Rogers (KY) Schultz Baird Coffman (CO) Gohmert Berkley Dicks Jenkins McHenry Rooney Watson Baldwin Cohen Gonzalez Berry Dingell Johnson (GA) McHugh Ros-Lehtinen Watt Barrow Cole Goodlatte Bilbray Doggett Jones McIntyre Roskam Waxman Bartlett Conaway Gordon (TN) Bilirakis Doyle Kagen McKeon Ross Weiner Barton (TX) Connolly (VA) Granger Bishop (GA) Driehaus Kanjorski McMahon Rothman (NJ) Welch Bean Conyers Grayson Bishop (NY) Edwards (MD) Kildee McMorris Roybal-Allard Westmoreland Becerra Costa Green, Al Blumenauer Edwards (TX) Kilpatrick (MI) Rodgers Royce Wexler Berkley Courtney Green, Gene Boccieri Ehlers Kind McNerney Ruppersberger Whitfield Berman Crenshaw Griffith Bono Mack Ellison King (NY) Meek (FL) Ryan (OH) Wilson (OH) Berry Crowley Guthrie Boozman Ellsworth Kirk Meeks (NY) Ryan (WI) Wilson (SC) Biggert Cuellar Gutierrez Boren Emerson Kirkpatrick (AZ) Melancon Salazar Wittman Bilbray Culberson Hall (NY) Boswell Eshoo Kissell Mica Sa´ nchez, Linda Wolf Bilirakis Cummings Hall (TX) Boustany Etheridge Klein (FL) Miller (FL) T. Woolsey Bishop (GA) Dahlkemper Halvorson Boyd Fallin Kosmas Miller (MI) Sanchez, Loretta Wu Bishop (NY) Davis (AL) Hare Brady (PA) Farr Kratovil Miller (NC) Sarbanes Yarmuth Bishop (UT) Davis (CA) Harman Bright Fattah Kucinich Miller, Gary Scalise Young (AK) Blumenauer Davis (IL) Harper Brown (SC) Filner Lance Boccieri Davis (KY) Hastings (FL) Buchanan Fleming Langevin Boehner Davis (TN) Hastings (WA) NOT VOTING—59 Butterfield Forbes Larsen (WA) Bono Mack DeFazio Heinrich Alexander Gingrey (GA) Olver Calvert Fortenberry Larson (CT) Boozman DeGette Heller Bachmann Graves Pascrell Camp Foster Latham Boren Delahunt Herger Barrett (SC) Grijalva Pingree (ME) Cao Frelinghuysen LaTourette Boswell DeLauro Herseth Sandlin Blackburn Hensarling Putnam Capito Fudge Latta Boyd Dent Higgins Blunt Hoekstra Rogers (MI) Capps Gerlach Lee (CA) Brady (PA) Diaz-Balart, L. Hill Bonner Johnson (IL) Rohrabacher Capuano Giffords Lee (NY) Braley (IA) Diaz-Balart, M. Himes Cardoza Gonzalez Levin Boucher Johnson, E. B. Rush Bright Dicks Hinchey Carnahan Goodlatte Linder Boustany Kennedy Sestak Brown (SC) Dingell Hinojosa Brady (TX) Kilroy Carney Gordon (TN) Lipinski Shadegg Brown-Waite, Doggett Hirono Broun (GA) Larson (CT) Carson (IN) Grayson LoBiondo Shuler Ginny Doyle Hodes Brown, Corrine Lewis (CA) Castle Green, Al Lofgren, Zoe Simpson Buchanan Dreier Holden Capuano Lewis (GA) Castor (FL) Green, Gene Lowey Burgess Driehaus Holt Coble Loebsack Sires Chandler Griffith Lucas Burton (IN) Edwards (MD) Honda Cooper Maloney Smith (TX) Childers Guthrie Luetkemeyer Butterfield Edwards (TX) Hoyer Costello Manzullo Space Clarke Gutierrez Luja´ n Buyer Ehlers Hunter Deal (GA) Marchant Sullivan Clay Hall (NY) Lynch Calvert Ellison Inglis Donnelly (IN) Marshall Tiberi Cleaver Hall (TX) Mack Camp Ellsworth Inslee Duncan McCarthy (NY) Towns Clyburn Halvorson Maffei Campbell Emerson Israel Engel Michaud Waters Coffman (CO) Hare Markey (CO) Cantor Eshoo Issa Frank (MA) Moran (VA) Young (FL) Cohen Harman Markey (MA) Cao Etheridge Jackson (IL) Cole Hastings (FL) Massa Capito Fallin Jackson-Lee ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Connolly (VA) Heinrich Matheson Capps Farr (TX) Conyers Heller Matsui Cardoza Fattah Jenkins The SPEAKER pro tempore (during Costa Herger McCarthy (CA) Carnahan Filner Johnson (GA) Courtney Herseth Sandlin McCarthy (NY) Carney Flake Johnson, Sam the vote). Members have less than 2 Crenshaw Higgins McCaul Carson (IN) Fleming Jones minutes to record their vote. Crowley Hill McCollum

VerDate Nov 24 2008 03:12 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.069 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6781 McCotter Polis (CO) Smith (TX) b 1914 Fudge Lummis Ros-Lehtinen McDermott Pomeroy Smith (WA) Gallegly Lungren, Daniel Roskam McGovern Posey Snyder Messrs. LAMBORN and ROYCE Garrett (NJ) E. Ross McHugh Price (NC) Space changed their vote from ‘‘yea’’ to Gerlach Lynch Rothman (NJ) McIntyre Quigley Speier ‘‘nay.’’ Giffords Mack Roybal-Allard Gohmert Maffei Royce McMahon Rahall Spratt So (two-thirds being in the affirma- McMorris Rangel Stark Gonzalez Markey (CO) Ruppersberger Rodgers Rehberg Stearns tive) the rules were suspended and the Goodlatte Markey (MA) Ryan (OH) McNerney Reichert Stupak bill, as amended, was passed. Gordon (TN) Massa Ryan (WI) Granger Matheson Meek (FL) Reyes Sutton Salazar The result of the vote was announced Grayson Matsui Meeks (NY) Richardson Tanner Sa´ nchez, Linda as above recorded. Green, Al McCarthy (CA) Melancon Rodriguez Tauscher T. Green, Gene McCarthy (NY) Mica Roe (TN) A motion to reconsider was laid on Sanchez, Loretta Taylor Griffith McCaul Miller (MI) Rogers (AL) the table. Sarbanes Teague Guthrie McClintock Miller (NC) Rogers (KY) Terry Stated for: Scalise Gutierrez McCollum Schakowsky Miller, George Rooney Thompson (CA) Mr. BRALEY of Iowa. Madam speaker, on Hall (NY) McCotter Schauer Minnick Ros-Lehtinen Thompson (MS) rollcall No. 338, had I been present, I would Hall (TX) McDermott Schiff Mitchell Roskam Thompson (PA) Halvorson McGovern Schmidt Mollohan Ross Tiberi have voted ‘‘yea.’’ Hare McHenry Schock Moore (KS) Rothman (NJ) Tierney Mr. PERLMUTTER. Madam Speaker, on Harman McHugh Schrader Moore (WI) Roybal-Allard Titus Harper McIntyre rollcall No. 338, I accidentally missed the vote Schwartz Murphy (CT) Ruppersberger Hastings (FL) McKeon Tonko on ‘‘Phylicia’s Law’’, H.R. 729. I would have Scott (GA) Murphy (NY) Ryan (OH) Tsongas Hastings (WA) McMahon Murphy, Patrick Scott (VA) Salazar Turner voted ‘‘yes’’ on H.R. 729. Heinrich McMorris Murphy, Tim ´ Sensenbrenner Sanchez, Linda Upton Heller Rodgers Murtha T. f Serrano Van Hollen Herger McNerney Nadler (NY) Sanchez, Loretta Sessions Vela´ zquez Herseth Sandlin Meek (FL) Napolitano Sarbanes Higgins Meeks (NY) Shea-Porter Visclosky EXPRESSING CONDOLENCES TO Neal (MA) Scalise Hill Melancon Sherman Walz THE FAMILIES OF VICTIMS OF Nunes Schakowsky Himes Mica Shimkus Wamp Nye Schauer THE CONAGRA FOOD PLANT EX- Hinchey Miller (FL) Shuster Oberstar Schiff Wasserman PLOSION Hinojosa Miller (MI) Skelton Obey Schmidt Schultz Hirono Miller (NC) Slaughter Olson Schock Watson The SPEAKER pro tempore. The un- Hodes Miller, Gary Smith (NE) Olver Schrader Watt finished business is the vote on the mo- Holden Miller, George Smith (NJ) Ortiz Schwartz Waxman tion to suspend the rules and agree to Holt Minnick Smith (TX) Weiner Smith (WA) Pallone Scott (GA) the resolution, H. Res. 540, on which Honda Mitchell Pascrell Scott (VA) Welch Hoyer Mollohan Snyder Pastor (AZ) Sensenbrenner Wexler the yeas and nays were ordered. Hunter Moore (KS) Souder Paulsen Serrano Whitfield The Clerk read the title of the resolu- Inglis Moore (WI) Space Payne Shea-Porter Wilson (OH) tion. Inslee Moran (KS) Speier Israel Murphy (CT) Spratt Perriello Sherman Wilson (SC) The SPEAKER pro tempore. The Peters Shuster Wittman Issa Murphy (NY) Stark Peterson Skelton Wolf question is on the motion offered by Jackson (IL) Murphy, Patrick Stearns Petri Slaughter Woolsey the gentleman from Virginia (Mr. Jackson-Lee Murphy, Tim Stupak (TX) Murtha Pitts Smith (NE) Wu Sutton SCOTT) that the House suspend the Jenkins Myrick Platts Smith (NJ) Yarmuth Tanner rules and agree to the resolution, H. Johnson (GA) Nadler (NY) Tauscher Johnson, Sam Napolitano NAYS—60 Res. 540. Taylor This will be a 5-minute vote. Jones Neal (MA) Teague Jordan (OH) Neugebauer Akin Franks (AZ) Miller (FL) The vote was taken by electronic de- Terry Bartlett Gallegly Miller, Gary Kagen Nunes Thompson (CA) Barton (TX) Garrett (NJ) Moran (KS) vice, and there were—yeas 381, nays 0, Kanjorski Nye Thompson (MS) Kaptur Oberstar Biggert Gohmert Myrick not voting 52, as follows: Thompson (PA) Kildee Obey Bishop (UT) Granger Neugebauer Thornberry [Roll No. 339] Kilpatrick (MI) Olson Boehner Harper Paul Tiahrt Kind Olver Brown-Waite, Hastings (WA) Pence YEAS—381 Tiberi Ginny Inglis King (IA) Pallone Poe (TX) Abercrombie Brown-Waite, Culberson Tierney Burgess Issa King (NY) Pastor (AZ) Price (GA) Ackerman Ginny Cummings Titus Burton (IN) Johnson, Sam Kingston Paul Radanovich Aderholt Buchanan Dahlkemper Tonko Buyer Jordan (OH) Kirk Paulsen Burgess Davis (AL) Tsongas Campbell King (IA) Royce Adler (NJ) Kirkpatrick (AZ) Payne Burton (IN) Davis (CA) Turner Cantor Kingston Ryan (WI) Akin Kissell Pence Butterfield Davis (IL) Upton Carter Kline (MN) Sessions Altmire Klein (FL) Perlmutter Buyer Davis (KY) Van Hollen Cassidy Lamborn Shimkus Andrews Kline (MN) Perriello Calvert Davis (TN) Vela´ zquez Chaffetz Lummis Souder Arcuri Kosmas Peters Camp DeFazio Conaway Lungren, Daniel Thornberry Austria Kratovil Peterson Visclosky Campbell DeGette Davis (KY) E. Tiahrt Baca Kucinich Petri Walden Cantor Delahunt Dreier McClintock Walden Bachus Lamborn Pitts Walz Cao DeLauro Flake McHenry Westmoreland Baird Lance Platts Wamp Capito Dent Foxx McKeon Young (AK) Baldwin Langevin Poe (TX) Wasserman Barrow Capps Diaz-Balart, L. Larsen (WA) Polis (CO) Schultz Capuano Diaz-Balart, M. NOT VOTING—54 Bartlett Larson (CT) Pomeroy Watson Barton (TX) Cardoza Dicks Latham Posey Watt Carnahan Dingell Alexander Engel Marshall Bean LaTourette Price (GA) Waxman Carney Doggett Bachmann Frank (MA) Michaud Becerra Latta Price (NC) Weiner Carson (IN) Doyle Barrett (SC) Gingrey (GA) Moran (VA) Berkley Lee (CA) Quigley Welch Carter Dreier Berman Graves Perlmutter Berman Lee (NY) Radanovich Westmoreland Cassidy Driehaus Blackburn Grijalva Pingree (ME) Berry Levin Rahall Wexler Blunt Hensarling Putnam Castle Edwards (MD) Biggert Lewis (CA) Rangel Whitfield Bonner Hoekstra Rogers (MI) Castor (FL) Edwards (TX) Bilbray Linder Rehberg Wilson (OH) Boucher Johnson (IL) Rohrabacher Chaffetz Ehlers Bilirakis Lipinski Reichert Wilson (SC) Brady (TX) Johnson, E. B. Rush Chandler Ellison Bishop (GA) LoBiondo Richardson Wittman Braley (IA) Kaptur Sestak Childers Ellsworth Bishop (NY) Lofgren, Zoe Rodriguez Wolf Broun (GA) Kennedy Shadegg Clarke Emerson Woolsey Bishop (UT) Lowey Roe (TN) Brown, Corrine Kilroy Shuler Clay Eshoo Wu Blumenauer Lucas Rogers (AL) Coble Lewis (CA) Simpson Cleaver Etheridge Luetkemeyer Rogers (KY) Yarmuth Boccieri Cooper Lewis (GA) Sires Clyburn Fallin Luja´ n Rooney Young (AK) Costello Loebsack Sullivan Boehner Coffman (CO) Farr Bono Mack Deal (GA) Maloney Towns Cohen Fattah NOT VOTING—52 Donnelly (IN) Manzullo Waters Boozman Cole Filner Duncan Marchant Young (FL) Boren Conaway Flake Alexander Broun (GA) Engel Boswell Connolly (VA) Fleming Bachmann Brown, Corrine Frank (MA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boustany Conyers Forbes Barrett (SC) Coble Gingrey (GA) Boyd Costa Fortenberry Blackburn Cooper Graves The SPEAKER pro tempore (during Brady (PA) Courtney Foster Blunt Costello Grijalva Braley (IA) Crenshaw Foxx Bonner Deal (GA) Hensarling the vote). Members have less than 2 Bright Crowley Franks (AZ) Boucher Donnelly (IN) Hoekstra minutes to record their votes. Brown (SC) Cuellar Frelinghuysen Brady (TX) Duncan Johnson (IL)

VerDate Nov 24 2008 03:12 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.025 H15JNPT1 erowe on PROD1PC64 with HOUSE H6782 CONGRESSIONAL RECORD — HOUSE June 15, 2009 Johnson, E. B. Moran (VA) Shadegg a health care professional. I came to care. That’s what the taxacrats do tell Kennedy Ortiz Shuler Congress with the commitment of us, but if that’s the goal, it doesn’t Kilroy Pascrell Simpson Lewis (GA) Pingree (ME) Sires strengthening the quality, accessi- make any sense at all to make health Loebsack Putnam Sullivan bility, and affordability of our health care more expensive by taxing it. Maloney Reyes Towns care system, which is already one of Someone is going to have to explain to Manzullo Rogers (MI) Waters the best in the world. me how raising taxes on working peo- Marchant Rohrabacher Young (FL) Marshall Rush Madam Speaker, the Democratic ple is going to make things better for Michaud Sestak Party is intent on rushing a health all of us. b 1920 care plan through Congress that ex- The taxacrats are trying to convince pands government control and that people that taxing health insurance So (two-thirds being in the affirma- will ultimately decrease access and won’t affect very many people. Well, if tive) the rules were suspended and the quality. that’s true, experts say it’s not going resolution was agreed to. While we consume the attention of to be enough money to pay for the gov- The result of the vote was announced Congress on this big government pro- as above recorded. ernment-run health care socialized sys- posal, we have ignored critical work- tem we’re going to. They also want to A motion to reconsider was laid on force health care issues. As the baby the table. mandate coverage. That means that boomer generation retires, it will be they’ll tax anyone who doesn’t buy in- f increasingly difficult to find qualified surance. Taxed if you do. Taxed if you PERSONAL EXPLANATION health care providers to deliver serv- don’t. It’s enough to make a person ices needed. sick. That’s not a very healthy health Mr. DONNELLY of Indiana. Madam The debate on health care reform Speaker, on June 15, 2009, I was unable care plan. must focus on priority issues that truly And that’s just the way it is. to cast votes because of flight delays impact services. A larger government which prevented me from arriving in health care bureaucracy is a cause, not f Washington on time. Had I been a cure, to the problems of access, qual- HONORING TWO HIGH SCHOOL LA- present, I would have voted accord- ity and affordability. Real health care CROSSE STATE CHAMPIONSHIP ingly: H. Res. 430—‘‘yea’’; H.R. 2325— issues, like health care workforce, is TEAMS ‘‘yea’’; H.R. 729—‘‘yea’’; and H. Res. where our efforts should be focused. 540—‘‘yea.’’ (Mr. PAULSEN asked and was given f permission to address the House for 1 f NETWORKS IGNORE CAP-AND- minute and to revise and extend his re- SHAME ON IRAN’S ELECTION TRADE’S COST TO AMERICANS marks.) PROCESS Mr. PAULSEN. Madam Speaker, I (Mr. SMITH of Texas asked and was rise to pay tribute to two recent State (Ms. JACKSON-LEE of Texas asked given permission to address the House and was given permission to address for 1 minute and to revise and extend championship teams from Minnesota’s the House for 1 minute.) his remarks.) Third Congressional District. Ms. JACKSON-LEE of Texas. Madam Mr. SMITH of Texas. Madam Speak- My hometown Eden Prairie Eagles Speaker, what did happen in Iran just a er, the nonpartisan Congressional won the Minnesota High School Girls’ few days ago? I think this picture evi- Budget Office has determined that cap- Lacrosse Championship last week. dences that there were voters who felt and-trade legislation will cost Amer- Under coaches Judy Baxter and Beth that what happened did not capture the ican families at least $1,600 a year. Patterson, the Eagles claimed a come- essence of those who sacrificed and Other studies have found that the cost from-behind victory over Blake to win went to vote. Young people, women and of energy could be up to $3,600 per fam- their fifth State title in that sport. urbanites went in massive numbers to ily. It would be more accurate to call The Minnetonka High School Boys’ vote. In fact, this article suggests that cap-and-trade ‘‘cap-and-tax,’’ but you Lacrosse Team, led by coach Aaron Oli- there were polling places even in the are unlikely to hear about cap-and-tax ver, defeated Eastview to win their United States where Iranian Americans and its cost by watching the news. very first State championship—capping went to vote to, in essence, declare According to the Media Research off a fantastic year in which they were they wanted freedom. They wanted to Center, the three network evening ranked number 1 for the entire season. be able to have the opportunity to live news programs mentioned ‘‘cap-and- The hard work and dedication of in a democracy, to build their econ- tax’’ in only four stories from January these scholar athletes helped them omy. to May. None of the four stories ex- achieve something that they will re- I would ask the so-called ‘‘elected plained cap-and-tax and its high cost to member. I commend each of them, person’’ to do the right thing or there consumers. The price of gas and elec- along with their coaches, trainers, edu- is shame on this process. I ask for the tricity will go up, as will the price of cators, and parents who helped make NGOs of the world and the NDI to food. The media need to report the these championships possible. stand up and question the irregular- facts about cap-and-tax and need to f ities of this election. Stand for people tell the American people what it will BLOOD IN THE STREETS OF IRAN who want peace and a democratic elec- cost them. (Mr. GOHMERT asked and was given tion. Let us raise our voices. The f United Nations should raise its voice. permission to address the House for 1 No, we’re not trying to select the next TAX THEM TO DEATH minute.) President of Iran. We’re only asking for (Mr. POE of Texas asked and was Mr. GOHMERT. Madam Speaker, you the people to elect the next President given permission to address the House know there is blood in the streets in of Iran. Shame on Iran’s election proc- for 1 minute.) Iran tonight. It’s the morning over ess. Mr. POE of Texas. Madam Speaker, there, but blood is running in the streets. People have been outraged at f somewhere in the dank dungeons of the Federal Government, the taxacrats are what they say was the stealing of an HEALTH CARE loose, and now they’re working on a election. (Mr. THOMPSON of Pennsylvania new tax to tax the middle class out of So does it help to have a President asked and was given permission to ad- existence. Death by a thousand taxes. who has continued to make clear he dress the House for 1 minute and to re- This time, they’re talking about taxing would meet with the ruthless denier of vise and extend his remarks.) health care benefits that folks get from the Holocaust—with this totalitarian, Mr. THOMPSON of Pennsylvania. their employers. In other words, if you mean-spirited, unjust, unfairly elected Madam Speaker, I come to the floor take care of your family by having leader? It doesn’t. Messages go around today to discuss the issue of health health benefits, you’re going to be pun- the world when you say you’ll meet care. ished for doing so. with a tyrant without preconditions. For 28 years, I was committed to de- I thought the goal was to make sure May God be with those who are try- livering quality health care services as that everyone had affordable health ing to see that justice is done, and may

VerDate Nov 24 2008 03:12 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.026 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6783 our leaders be led to keep their mouths REVISIONS TO ALLOCATION FOR fiscal years 2009 and 2010. Section 423(a)(1) shut when it hurts others. HOUSE COMMITTEE ON APPRO- of S. Con. Res. 13 permits the chairman of PRIATIONS the Committee on the Budget to adjust discre- f The SPEAKER pro tempore. Under a tionary spending limits for overseas deploy- previous order of the House, the gen- ments and other activities when these activi- b 1930 tleman from South Carolina (Mr. ties are so designated. Such a designation is SPRATT) is recognized for 5 minutes. included both in the conference report to ac- SPECIAL ORDERS Mr. SPRATT. Madam Speaker, Under sec- company H.R. 2346, a bill making supple- The SPEAKER pro tempore. Under tion 423(a)(1) of S. Con. Res. 13, the concur- mental appropriations for the fiscal year end- the Speaker’s announced policy of Jan- rent resolution on the budget for fiscal year ing September 30, 2009, and for other pur- uary 6, 2009, and under a previous order 2010, I hereby submit an adjustment to the poses, and in the bill H.R. 2847, Commerce, of the House, the following Members budget aggregates and allocations for the Justice, Science, and Related Agencies Ap- will be recognized for 5 minutes each. Committee on Appropriations for each of the propriations Act, 2010. DISCRETIONARY APPROPRIATIONS—APPROPRIATIONS COMMITTEE 302(A) ALLOCATION [In millions of dollars]

BA OT

Current allocation: Fiscal Year 2009 ...... 1,391,471 1,220,843 Fiscal Year 2010 ...... 1,086,306 1,272,100 Changes for overseas deployment and other activities designations: H.R. 2346 (Supplemental Appropriations): Fiscal Year 2009 ...... 90,730 27,029 Fiscal Year 2010 ...... 11 34,239 H.R. 2487 (Appropriations for Commerce, Justice, Science, and Related Agencies): Fiscal Year 2009 ...... 0 0 Fiscal Year 2010 ...... 101 81 Revised allocation: Fiscal Year 2009 ...... 1,482,201 1,247,872 Fiscal Year 2010 ...... 1,086,418 1,306,420

BUDGET AGGREGATES [On-budget amounts, in millions of dollars]

Fiscal year 2010– Fiscal year 2009 Fiscal year 2010 2014

Current Aggregates: 1 Budget Authority ...... 3,668,777 2,882,107 n.a. Outlays ...... 3,354,482 2,998,218 n.a. Revenues ...... 1,532,571 1,653,682 10,499,809 Change for H.R. 2346 overseas deployment and other activities designation: 2 Budget Authority ...... 0 0 n.a. Outlays ...... 2,882 829 n.a. Revenues ...... 0 0 0 Revised Aggregates: Budget Authority ...... 3,668,777 2,882,107 n.a. Outlays ...... 3,357,364 2,999,047 n.a. Revenues ...... 1,532,571 1,653,682 10,499,809 n.a. = Not applicable because annual appropriations Acts for fiscal years 2011 through 2014 will not be considered until future sessions of Congress. 1 Current aggregates do not include the disaster allowance assumed in the budget resolution, which if needed will be excluded from current level with an emergency designation (section 423(b)). 2 Budget authority in the amount of the adjustment is already included in the resolution aggregates. The adjustment represents the difference in spendout rates between what was assumed in the budget resolution and the actual sup- plemental. Adjustments for outlays from 2010 designated budget authority will be made when needed.

The SPEAKER pro tempore. Under a cern as he personally took an interest sas, Dr. Frederick was cherished on all previous order of the House, the gen- in the students at Kansas University sides of our great State. I wish to offer tleman from Texas (Mr. POE) is recog- that were also engaged in the intense this tribute to an outstanding gen- nized for 5 minutes. dedication that it takes to be a college tleman, Dr. Bob Frederick, and express (Mr. POE of Texas addressed the athlete today. my sincere condolences to his wife, House. His remarks will appear here- While very competitive by nature, he Margey, and his four sons. My thoughts after in the Extensions of Remarks.) was as gracious in defeat and as much and prayers are with his family. f a class act as any athletic director f there ever was. For Dr. Frederick, the HONORING DR. BOB FREDERICK bottom line was not about winning but, CONGRATULATIONS TO THE NEW- The SPEAKER pro tempore. Under a rather, about improving and advancing EST STANLEY CUP CHAMPIONS: previous order of the House, the gen- the lives of young men and women. THE PITTSBURGH PENGUINS tleman from Kansas (Mr. MORAN) is Dr. Frederick loved Kansas. As part The SPEAKER pro tempore. Under a recognized for 5 minutes. of the university for 35 years, begin- previous order of the House, the gen- Mr. MORAN of Kansas. Madam ning with his bachelor’s and master’s tleman from Pennsylvania (Mr. Speaker, I rise this evening to an- degrees and walking onto the basket- ALTMIRE) is recognized for 5 minutes. nounce the sad passing of Dr. Bob Fred- ball team to his years of serving as as- Mr. ALTMIRE. Madam Speaker, to erick, a distinguished Kansan and ex- sistant basketball coach, athletic di- borrow a catchphrase from Hall of ceptional human being. rector, and finally as administrator Fame hockey announcer Mike Lange, Dr. Frederick served as athletic di- and assistant professor, it is clear Dr. ‘‘You can buy Sam a drink and get his rector at the University of Kansas for Frederick and Kansans were meant for dog one, too, because Lord Stanley’s 14 years, the second longest tenure in each other. Cup is making a return visit to the the school history, and a period during Dr. Frederick is perhaps best known City of Champions.’’ Pittsburgh now which the Jayhawk athletics achieved for his bold hire of then-unknown as- becomes the first city to ever be home 32 conference championships and gen- sistant basketball coach Roy Williams to both the defending Super Bowl and erated 41 Academic All-Americans, the in 1989. Williams, who would achieve Stanley Cup champions at the same latter of which I’m sure meant the the winningest decade of any first-time time. most to Dr. Frederick, as that is the head coach in NCAA history, said of This past Friday, the Pittsburgh kind of person he was. Dr. Frederick, ‘‘He is the finest gen- Penguins won their third Stanley Cup, Dr. Frederick felt most concerned tleman I’ve ever known in my life.’’ and they did it the hard way, by com- about the well-being of student ath- A basketball coach himself at Russell ing from behind on the road in game 7 letes. First as a coach and later as an and Lawrence High Schools, as well as of the finals against last year’s cham- athletic director, he showed that con- Coffeyville Community College in Kan- pion Detroit Red Wings.

VerDate Nov 24 2008 04:22 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.075 H15JNPT1 erowe on PROD1PC64 with HOUSE H6784 CONGRESSIONAL RECORD — HOUSE June 15, 2009 Regular season scoring champion duced the same bill in the Senate, S. our men and women in uniform, and I Evgeni Malkin won MVP honors by 504. With his help, I’m hopeful that this ask God in his loving arms to hold the leading all playoff scorers, and goalie will be the year that the Senate sup- families who have given a child dying Marc-Andre Fleury once again proved ports the House position and joins in for freedom in Afghanistan and Iraq. he belonged among the game’s elites bringing proper respect to the fighting And, Madam Speaker, I ask three with his dominating performance in team of the Navy and Marine Corps. times, God, please, God, please, God, net. Over the course of the Marine Corps please continue to bless America. Head Coach Dan Bylsma took over in history, including their present-day f midseason when the team was out of service in Afghanistan and Iraq, those The SPEAKER pro tempore. Under a playoff contention and led them not three words, ‘‘and Marine Corps,’’ have previous order of the House, the gentle- only to the playoffs but to a champion- been earned through blood and sac- woman from Ohio (Ms. KAPTUR) is rec- ship. And in winning the title, Sidney rifice. The Navy and Marine Corps have ognized for 5 minutes. Crosby became the youngest team cap- operated as one entity for more than (Ms. KAPTUR addressed the House. tain to hoist the Stanley Cup in the two centuries, and H.R. 24 would allow Her remarks will appear hereafter in 115-year history of the trophy. the name of this department to illus- the Extensions of Remarks.) As in all successful organizations, trate that fight. f the leadership of the Penguins starts at This legislation is not about chang- the top. The incomparable Mario ing the responsibilities of the Sec- UNFAIR TREATMENT OF CAR Lemieux will now have his name en- retary of the Navy Department, reallo- DEALERSHIPS graved on the Cup for the third time, cating resources, or altering missions. The SPEAKER pro tempore. Under a this time as team owner. Just as he did This change is all about respect and previous order of the House, the gen- when he came into the league as a gratitude to the Marine Corps. As sym- tleman from Indiana (Mr. BURTON) is player, Mario Lemieux took control of bolic as this change might be, the Ma- recognized for 5 minutes. a franchise threatened by bankruptcy rine Corps has earned the right to be Mr. BURTON of Indiana. Madam and relocation. But from that, he built recognized in the Department’s name. Speaker, this last weekend, I met with a championship team that leads the Over the past several years, this several auto dealers in my district, and league in television ratings, merchan- change has received support from three it was very interesting to find out real- dise sales, and sellouts. former Navy Secretaries, the Marine ly what all of them are going through Yes, Madam Speaker, these Penguins Corps League, Veterans of Foreign right now. can fly. Congratulations go out to the Wars, the Fleet Reserve Association, The Chrysler and General Motors entire organization for completing the and many other individuals and groups. companies are closing hundreds and hat trick of champions, winning their In 2004, at a hearing before the House hundreds of automobile dealerships third straight Stanley Cup. The 2009 Armed Services Committee, Navy Ad- across the country, and after talking Pittsburgh Penguins have earned their miral Stansfield Turner described his to these dealers, I can’t figure out why. well-deserved place alongside the support for this change, and he said, ‘‘I It isn’t costing the automobile compa- greatest sports legends in the City of think this change in title enhances the nies anything. They sell the cars to the Champions. prestige and pride of the people in the dealers and the dealers sell those to the Marine Corps, and it does not nec- consumer. And the dealers pay for f essarily take anything away from the those cars. The SPEAKER pro tempore. Under a Navy in that process. I am particularly In addition, the dealers pay for the previous order of the House, the gentle- impressed today . . . [by] the degree of advertising, the dealers pay for the woman from California (Ms. WOOLSEY) cooperation between the armed serv- plant and equipment, their dealerships, is recognized for 5 minutes. ices of our country.’’ the buildings. They pay the mechanics. (Ms. WOOLSEY addressed the House. And Admiral Turner further stated, They pay the sales people. So the car Her remarks will appear hereafter in ‘‘Emphasizing that this is a Navy-Ma- company, all they do is make the car the Extensions of Remarks.) rine Corps team is a very important and sell it to the dealer. And so why f part of keeping that kind of sight on are they closing all of these dealer- ships? It seems to me, as you reduce REDESIGNATING THE DEPART- the objective of teamwork in combat.’’ Madam Speaker, the marines who are your sales force across the country, MENT OF THE NAVY AS THE DE- fighting today deserve this recognition. you’re going to reduce the amount of PARTMENT OF THE NAVY & MA- In closing, I would like to show the cars that are sold to the consumer. It RINE CORPS change. just doesn’t make any sense to me. The SPEAKER pro tempore. Under a Madam Speaker, on this first poster But let me tell you some of the previous order of the House, the gen- was actually a letter that was sent by things that these dealers are going tleman from North Carolina (Mr. the Secretary of the Navy to a Marine through right now. One dealer told me JONES) is recognized for 5 minutes. wife who was killed. I certainly have that—it’s a Chrysler dealer—he had a Mr. JONES. Madam Speaker, I am taken out the name of the Marine Dodge dealership. And Chrysler asked pleased to announce that 290 of my col- Corps’s wife’s name, and I want to read him a couple of years ago to buy an- leagues in the House from both parties this part to you and to those on the other dealership that wasn’t doing as have joined me as colleagues of cospon- floor: On behalf of the Department of well, and they asked him to not only sors of H.R. 24—legislation to redesig- the Navy, please accept my very sin- buy the property but to upgrade the nate the Department of the Navy as cere condolences in the loss of your equipment and upgrade the property the Department of the Navy and Ma- husband, Captain so-and-so, Marine. and upgrade the showroom. rine Corps. I’m grateful for the wide- Madam Speaker, the important part So he put $3 million into buying a spread support for this change among of reading this is this. If this bill be- property and upgrading the showroom my House colleagues, and I also thank comes law, this fighting team will rec- in the mechanics area, the garage area. Chairman IKE SKELTON who will in- ognize this Marine family in this way: And after he did it, just recently, right clude the language of H.R. 24 in the Na- The Secretary of the Navy and Marine after he got it done, had invested $3 tional Defense Authorization Act Corps. Dear Marine Corps family, On million, they closed him down. They markup tomorrow. behalf of the Department of the Navy closed him down. He lost $3 million For the past 7 years, the language of and Marine Corps. Madam Speaker, after they asked him, the company this bill has been part of the House that’s all that it does, but it’s very im- asked him, to invest that money in version of the National Defense Au- portant that the Marine Corps receive purchasing and upgrading this other thorization Act. Each year, the full this recognition. store. House of Representatives has supported And before closing, Madam Speaker, Now, that’s terrible. He put $3 mil- this change. This year, I’m also grate- as I do frequently, I ask God to please lion in it as the company requested, ful to have the support of Senator PAT bless our many men and women in uni- and then they cut the legs off from ROBERTS, a former marine, who intro- form, I ask God to bless the families of under him and he loses $3 million.

VerDate Nov 24 2008 03:48 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.078 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6785 I talked to a Chevrolet dealer who the energy industry with cap-and- reduce set payroll tax, you free up em- was negotiating with a GMC dealer trade, which is going to cost every fam- ployers to employ more people and you across the street. The GMC dealer and ily in this country $3,000 to $4,000 more free up the employee to have more of the Chevrolet dealer were right across per year for energy. their own money. This is something the street from one other, and General We don’t need socialism in this coun- conservatives should be very excited Motors said, Why don’t the two of you try. We certainly don’t need it. And about. Even if we were switching to, combine? And so the two companies here’s an example, the car industry, of say, a tax on sweet gumballs or syca- were negotiating with one another on what happens when government takes more balls, or acorns, it would be bet- who would buy the other out, and it over. ter than taxing payroll. was a $3 million to $5 million purchase. f The problem with taxing payroll is Well, they couldn’t reach agreement you’re punishing work. So what we do CAP-AND-TRADE ALTERNATIVE before the deal with General Motors is free up from taxation payroll, im- took place, and they were going to The SPEAKER pro tempore. Under a pose a tax on carbon dioxide, and close a whole bunch of dealerships. So previous order of the House, the gen- watch the free enterprise system, with what they did is they decided to close tleman from South Carolina (Mr. ING- that price signal, change where we are the dealership of the Chevrolet dealer- LIS) is recognized for 5 minutes. such that we would fix the national se- ship down even though he was very Mr. INGLIS. Madam Speaker, today I curity problem we have—which is great profitable. had interesting discussions in Green- exposure to OPEC and its control of ville and Spartanburg, South Carolina. our oil markets—and we would also b 1945 They were entitled, ‘‘What’s wrong create jobs by creating new industries And what that means, simply, is the with cap-and-trade and what’s right in new kinds of technologies, and we GMC dealer across the street is going with using free enterprise to solve the would clean up the air. to get this Chevrolet dealership that challenge that we have?’’ The point that I was making in these would have sold for $3 million to $5 So what’s wrong with cap-and-trade? meetings in Greenville and million to him for nothing. And so this We came to pretty solid agreement on Spartanburg is, even if you think cli- dealer is going out of business, and it’s that, Madam Speaker. It’s a massive mate change is hooey, still the small going to cost him $3 million to $5 mil- tax increase in the midst of a reces- particulates in coal would cause you to lion because they closed his dealership. sion; it’s a Wall Street trading scheme want to take action. The cleaner alter- He sold as many cars as they asked that really would make any trader on native of nuclear power will come to him to sell, he was up to snuff on his Wall Street that led us into this recent the market when the market says, oh, payments and everything else that was debacle blush; and it’s really a proposal coal is now paying the full freight of requested by the company, and they that’s going to end up decimating its cost. If it is, nuclear becomes pos- knocked the legs out from under him American manufacturing because the sible and we start building nuclear as well, and it cost him $3 million to $5 tax on energy would be applied just do- power plants. million. mestically, it wouldn’t be applied to Madam Speaker, the key to this is There was a GM dealer that came to imported goods. And the result is that getting the economics right. If we do me at this meeting the other day, and we would export productive capacity that, we can fix this problem. But it he had eight dealerships, and they from the United States to other coun- starts with stopping this cap-and-trade closed one of them down. It’s going to tries that don’t have a price on carbon. because cap-and-trade isn’t the way to cost him several million dollars. But So it’s a real problem, and it is some- fix this problem. The free enterprise he can’t complain publicly because GM thing that we have got to stop in order system is the way to fix it. And to win is going to be closing other dealerships to get to the better. the triple play of this American cen- down in the future, and he’s afraid if he The better that we discussed is a pro- tury we can improve the national secu- says anything they will close some of posal—actually, a bipartisan proposal rity of the United States, we can create his other dealerships down and cost at this point—that JEFF FLAKE and jobs, and we can clean up the air. Madam Speaker, I say we come to- him more money. DAN LIPINSKI and I are supporting, You know, I just don’t understand which is a plan to basically do a rev- gether and get that done after we stop this. We have the government, the car enue-neutral tax swap. It involves cap-and-trade. czars, if you will, now taking control of changing what we tax and causing free f the entire auto industry. They’re forc- enterprise to fix the problem that some CONGRATULATING HUGH GRANT ing the executives of the companies out are trying to fix with cap-and-trade; FOR WINNING 2009 KEYSTONE of office and replacing them with hand- but as I just pointed out, there are real CENTER LEADERSHIP AWARD picked people by our government problems with cap-and-trade. The SPEAKER pro tempore. Under a through the car czar and the Auto Task So the way this revenue-neutral tax previous order of the House, the gen- Force. So the government is taking swap would work is we would reduce tleman from Missouri (Mr. AKIN) is rec- over the auto industry and closing taxes on something we want more of, ognized for 5 minutes. these dealerships, putting hundreds of which is payroll, by reducing the pay- Mr. AKIN. Madam Speaker, I rise thousands of people out of work, clos- roll tax. That’s 6.2 percent from the today to congratulate the winner of ing thousands of dealerships across the employer and 6.2 percent from the em- the 2009 Keystone Center Leadership country, and actually hurting the ployee on the first $106,800 worth of in- Award for Leadership in Industry, Mr. American auto industry’s ability to come. We would reduce that, and in an Hugh Grant, chairman, president, and sell cars when they’re in competition equal amount swap the tax, if you will, CEO of Monsanto Corporation. with car companies around the world. in an equal amount put a tax on carbon Keystone Awardees have contributed It just doesn’t make any sense to me. dioxide emissions. The result would be to society in ways that reflect the spir- So, once again, here we have the gov- no additional take to the government, it and mission of the Keystone Center ernment taking over an industry, so- so it’s revenue neutral. It would just and have demonstrated a history of cializing the auto industry, and really free of from taxation something you achievement with a strong sense of vi- killing an awful lot of the people who want more of, which is income and sion, a proven ability to motivate oth- work in it—not to mention the res- labor and industry, and impose a tax ers, dedication to team work and con- taurants and the stores that surround on something you want less of, which sensus, and the drive and ability to ini- these car dealerships who have been in is carbon dioxide. tiate fundamental and long-term posi- business as well, and it’s going to cost The point that I was making in tive change. them jobs. Greenville and Spartanburg today is, I commend Mr. Grant’s exemplary Government control of the private even if you think climate change is a leadership and the 20,000-strong Mon- sector just destroys the private sector. bunch of hooey and there is no need to santo team for their extraordinary ef- And they want to now take over our reduce carbon dioxide, I think conserv- forts and positive influence on Amer- health care industry. They’re taking atives can jump at the opportunity to ican agriculture, technological innova- over the banks. They want to take over reduce taxes on income. Because if you tion, and generous contributions to

VerDate Nov 24 2008 03:48 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.082 H15JNPT1 erowe on PROD1PC64 with HOUSE H6786 CONGRESSIONAL RECORD — HOUSE June 15, 2009 international health, development, and olence, corruption, drug and illegal collaboration between the United their continued commitment to com- drug trafficking while, as President States and the Caribbean, as well as a bating hunger. Clinton said, ‘‘promoting open and fair sharing of values and culture. Monsanto, under Grant’s leadership, trade, protecting the environment, Madam Speaker, I do have a few col- proves that free enterprise is the most strengthening education, spreading leagues here with me this evening, and effective way to solve seemingly in- telecommunications, and helping Car- I would like to yield some time to tractable problems like hunger in sub- ibbean countries diversify their econo- them so that they may bring some re- Saharan Africa. Not only has Monsanto mies and become more competitive as marks about the special month that provided a sustainable food source for well.’’ we’re celebrating in which we are rec- hundreds of millions of people, but Upon his return, he submitted the ognizing the contributions of people they have given hope to people who Caribbean Basin Trade Enhancement from the Caribbean to the United have been denied a future for far too Act, which Congress passed. The co- States. long. operation was further affirmed with So at this time, I will yield such time I ask my colleagues to join me in the historic meetings held in June of as she might consume to Congress- congratulating Hugh Grant and saying 2007 between the heads of Caribbean woman YVETTE CLARKE. thank you to the entire Monsanto governments and the Bush-Cheney ad- Ms. CLARKE. I would like to thank team. You put the power of innovation ministration and this Congress. This the gentlelady for yielding. And I and enterprise to work for the world’s commitment was renewed and reinvig- would like to associate myself with poorest peoples and demonstrate true orated at the Summit of the Americas your comments, your remarks, your American compassion. held in the Caribbean nations of Trini- historical context for this Congres- f dad and Tobago in April of this year sional Black Caucus’ hour commemo- with the active participation and lead- rating Caribbean American History CONGRESSIONAL BLACK CAUCUS ership of our President, Barack Obama, Month. I want to thank you, my col- The SPEAKER pro tempore. Under who set a new tone for our relationship league, DONNA CHRISTENSEN, for all of the Speaker’s announced policy of Jan- with the region. your work and advocacy being part of uary 6, 2009, the gentlewoman from the But the relationship has even pre- the U.S. Caribbean, the U.S. Virgin Is- Virgin Islands (Mrs. CHRISTENSEN) is dated the birth of this Nation. In 1751, lands. recognized for 60 minutes as the des- our very first President, George Wash- Madam Speaker, I rise today to ignee of the majority leader. ington, reported to have had family honor Caribbean American Heritage GENERAL LEAVE connections in Barbados, traveled Month. I thank my friend, the gentle- Mrs. CHRISTENSEN. Madam Speak- there with his brother for a health-re- lady from California, Ms. BARBARA er, I ask unanimous consent that all lated matter in November of 1751. They LEE, for her very hard work and her en- Members may have 5 legislative days stayed 2 months, and he is said to have during commitment to the people of in which to revise and extend their re- been enchanted by the island and the the CARICOM region and for ensuring marks and include extraneous material Caribbean. that every June we bring recognition on the subject of this Congressional Over the years, many Congressional to the many contributions made by Black Caucus’ Special Order this Black Caucus members have worked Caribbean Americans and people of evening. tirelessly to raise awareness and keep Caribbean descent, and the issues fac- The SPEAKER pro tempore. Is there us focused and invested in ongoing af- ing the nations of CARICOM and the objection to the request of the gentle- fairs in the Caribbean. We have done Caribbean American Diaspora. woman from the Virgin Islands? this through Chairman RANGEL’s ef- 2000 There was no objection. forts with the Caribbean Basin legisla- b Mrs. CHRISTENSEN. Madam Speak- tion and other initiatives, Congress- I have the honor of representing New er, I am honored to rise today, along woman WATERS, who worked so hard to York’s 11th Congressional District, pre- with my other colleagues, in honor of save the banana industry and who was viously represented, in part, by Shirley Caribbean American Heritage Month. then Chair of the Congressional Black Chisholm, the first African American This month marks the fourth anniver- Caucus. She and I traveled to Barbados Member of Congress and the child of sary of officially recognizing Caribbean in 1997 for that historic meeting. Caribbean American immigrants from American Heritage Month. And I want I also want to recognize the special Barbados and Guiana. to applaud you, Madam Speaker, the work done by Congressman DONALD Other prominent Caribbean Ameri- Chair of the Congressional Black Cau- PAYNE, who is the founding Chair of cans that we may be aware of or have cus, for introducing the legislation and the Friends of the Caribbean Caucus, known throughout our history includes getting it passed in February of 2006. and Congressman KENDRICK MEEK, Con- such luminaries as Jean Baptiste Point President Bush officially proclaimed it gressman GREGORY MEEKS, and of Du Sable, the founder of Chicago; for the very first time in June of that course Congresswoman YVETTE Founding Father Alexander Hamilton, year. CLARKE. But, truly, all of the Congres- who was born in Nevis; actor and social The efforts to get us to that point sional Black Caucus members are activist Harry Belafonte; revolutionary began long before, though, with the In- champions of the causes of the Carib- Marcus Garvey; noted journalist Gwen stitute for Caribbean Studies, which bean. Ifill; Hazel Scott, the first woman of started observing June as Caribbean Last year, one of our great achieve- color to have her own television show; American Heritage Month in 1999. So I ments, led by Congressman DONALD Malcolm X, revolutionary; our own At- want to also take this opportunity to PAYNE and you, Madam Speaker, Con- torney General Eric Holder; former applaud the work and leadership of its gresswoman LEE, in one of those great Secretary of State Colin Powell; super president, Dr. Claire Nelson, of Jamai- efforts, PEPFAR was extended to all of model Tyson Beckford; athlete and can heritage. the Caribbean for the very first time. coach Patrick Ewing; boxer and athlete I also want to recognize the Carib Two months ago, health ministers and Lenox Lewis; and Wyclef Jean, per- News Foundation for its work over the CARICOM leaders met to draft the 5- former and philanthropist. And the list years to bring Caribbean and United year plan which would build on the goes on and on. States leaders together to discuss PANCAP, the Pan Caribbean Partner- As a child of Jamaican immigrants, I issues of common interest over the ship, to address HIV and AIDS in this have been an outspoken advocate for past 14 years. They filled an important region. The Shirley Chisholm United Caribbean Americans and Caribbean gap. States Caribbean Educational Ex- issues and concerns my entire public Recent attempts to officially bridge change Act of 2009, introduced, again, life and proudly carry forth my dis- this gap began in 1997, when President by Congressional Black Caucus chair- trict’s rich Caribbean heritage. The Clinton traveled to Barbados where the woman and Madam Speaker LEE, is success of the Caribbean immigrant Bridgetown Declaration was crafted. now working its way through Congress. and their Caribbean American descend- This important declaration affirmed It will help to build a stronger Carib- ants has been evidenced in just about our common resolve to fight crime, vi- bean workforce and promote greater every field of endeavor.

VerDate Nov 24 2008 04:22 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.084 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6787 While Caribbean Americans have Mrs. CHRISTENSEN. Thank you, Caribbean Americans are educators, made great strides and very historic Congresswoman CLARKE, for your re- linguists, actors, athletes, soldiers, contributions to the prosperity and marks this evening. And thank you, politicians, economists, historians, ac- strengthening of our Nation, there are most of all, though, for your leadership tivists, doctors, lawyers, and everyday still lingering issues that adversely af- on behalf of the Caribbean countries. men and women. There are those of us fect Caribbean Americans in the United We appreciate the work that you do who enjoy the music of the Caribbean, States. Caribbean immigrants often both on your committee, the sub- and certainly one of our most famous have very little money or access to re- committee that you Chair on Home- poets and musicians is Bob Marley, sources when making their transition land Security, and in all of the work whose reggae music continues to per- to the United States, making them vul- that addresses issues in the Caribbean. meate the music channels and the ears nerable targets of immigration fraud. I Thank you for joining us this evening. of Americans. We are proud of the con- have introduced H.R. 1992, the Immi- I would like now to yield to the gen- tributions of Caribbean Americans. gration Fraud Prevention Act of 2009, tlewoman from Texas, Congresswoman Those like Kareem Abdul-Jabbar; those making it a Federal crime to willfully SHEILA JACKSON-LEE. like Timothy ‘‘Tim’’ Theodore Duncan; misrepresent the immigration process Ms. JACKSON-LEE of Texas. Let me those like Garcelle Beauvais-Nilon; through fraud and false representation. thank the gentlewoman for yielding to those like Sidney Poitier; those like I have also introduced H.R. 2071, me, and allow me to acknowledge as Stokely Carmichael and Marcus Gar- which directs the Secretary of Com- well the Congressional Black Caucus vey; and, of course, Colin Powell, the for the collective effort that they have merce to include Caribbean descend- former Secretary of State, a Caribbean made and thank our present chair- ants as an option on census question- American; certainly the Honorable woman for the 2004 resolution, House naires. I believe that this will bring Shirley Chisholm, who herself ran as recognition to the broad diversity of Resolution 517, that ultimately was an African American woman for Presi- Caribbean natives and descendants proclaimed by the President of the dent of the United States of America. that call our country home and ensure United States. This is an enriching day Bold, unashamed of their roots and his- an accurate count and proper represen- and an opportunity for us to emphasize tory, ready to make a difference, that tation and resource. the vastness of diversity that is in this is the character of Caribbean Ameri- I was also pleased this year to be country, and I stand here as a Carib- present at the Summit of the Americas bean American proudly exercising and cans and those who live in the Carib- along with our own President Barack relishing in the history of my ancestry. bean. Obama earlier this year. That summit Let me also acknowledge the work Let me also thank JOHN CONYERS, was the beginning of what I know will that we have collectively done. As the whom I worked with as we visited Haiti be an enduring commitment to a mutu- ranking member on the Immigration and went to see many of those who ally beneficial relationship with our Subcommittee, we have had a history have been incarcerated because of the, ‘‘third border.’’ Our Nation’s third bor- of working for the issues of parity as it if you will, inconsistency of leadership der, shared with the CARICOM commu- relates to the opportunities for Hai- in Haiti. We are delighted to see Presi- nity, links not only families, not only tians to become statused here in the dent Preval leading out. We visited travel and industry, but I believe the United States, as we have seen the Cu- many who were political prisoners and security of our own United States and bans also have this opportunity worked with the then-Bush administra- our island-nation neighbors. In 2007 a through what we call the ‘‘wet foot, tion to try to secure their freedom. I joint report by the United Nations Of- dry foot’’ provision. We have worked want to continue to express my appre- fice of Drug and Crime and the World unending to ensure that that parity ciation to Chairman CONYERS for the Bank linked some of the rising crime comes about. And as we look forward work that he has continuously done rates in Caribbean nations to an in- into the comprehensive immigration working with the Jubilee that we cele- crease in drug transshipment. In the reform debate, I hope that language brated in Haiti when we traveled there previous Congress, I introduced H. Res. from the Save America comprehensive together. 1504, which calls for increased coopera- immigration legislation that I au- So there are many aspects of the Car- tion between the United States and thored will be part of the debate so ibbean that we can celebrate. I’m here Caribbean officials to combat this that our reform will include all aspects to celebrate the great connection that problem. Last week I stood proudly on of those who are seeking to be statused I have had the privilege of having. And this floor to express my support for and particularly those from the Carib- I’m delighted to be joined on the floor provisions which were in H.R. 2410, the bean. of the House by Congresswoman DONNA Foreign Relations Authorization Act of We have worked on issues that ad- CHRISTENSEN as well as Congresswoman 2009, which added the Caribbean com- dressed the questions of many Carib- YVETTE CLARKE and Congressman DON- munity, or CARICOM, to the Merida bean leaders when there was massive ALD PAYNE and the chairwoman, who is Initiative. I also want to commend the deportation of individuals from the now serving as the Speaker pro tem- Honorable BARBARA LEE for her work United States who had never been to pore. We do this because we want to en- in establishing the Shirley A. Chisholm the Caribbean, had never been to the sure that people realize how great Educational Exchange Program au- countries of their birth, and therefore America is, and it is only great because thorized within the bill. These provi- were coming and providing the need for it relies upon the strength of those who sions promote security and education extra resources by Caribbean leaders. come from different cultures and bring within the CARICOM region, fostering This is paying attention to the issues that wonderment to our wonderful Na- social and economic development of the Caribbean and recognizing that tion. abroad and keeping all of us safe here they are a vital ally to us. And that So I want to acknowledge the cre- at home. was recognized by the recent organiza- ation of the Institute of Caribbean Madam Speaker, it is with great tion of the meeting in the Caribbean in Studies in 1994. I want to acknowledge pride that I stand here, a descendant of Trinidad where many Caribbean na- the ad hoc Caribbean Council of Wash- Caribbean immigrants, able to stand in tions came, and I believe the new rela- ington, D.C., that disbanded, and ICS the House of Representatives’ second tionship was cemented between this takes over leadership of celebrating generation representing a constituency new President, this Congress, and the June as Caribbean American Heritage that is the disapora of the Caribbean, Caribbean leaders. Month in Washington, D.C. This is just and I’m proud that we here in the U.S. So as we speak about the greatness of part of the history that was generated Capitol take this time to commemo- Caribbean Americans, I want to empha- in the bill to make this the month that rate the very accomplishments, the size that we should also be engaged we celebrate Caribbean Heritage binding of our nations and our people, with the Caribbean as our allies, as Month. in making sure that we strengthen and those who can participate with us in Finally, might I say proudly that I build prosperity here in the United homeland security and securing the want to speak of my grandparents, Mr. States and share that good wealth and borders, as we look to Caribbean Amer- and Mrs. Jackson. My grandmother democracy with the region from icans who have made great strides here and grandfather were true sons and whence so many have come. in this country. daughters at that time of the King and

VerDate Nov 24 2008 03:48 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.085 H15JNPT1 erowe on PROD1PC64 with HOUSE H6788 CONGRESSIONAL RECORD — HOUSE June 15, 2009 Queen because Jamaica was then a col- ward, being the conscience of the Con- founder and director of the Statewide ony of Great Britain. However, their gress, let me also commend Represent- Female Leadership Development Insti- dignity allowed them to know that Ja- ative FUDGE, who is from the great tute and Research Center at the New maica could be a free and democratic State of Ohio, who continues to lead Jersey City Institute. nation. And through the leadership of the Special Orders on our evenings, and The Caribbean community’s presence those in Jamaica who recognized that of course our Caribbean queen, Dele- also plays a wide role in our elections, it could be a free nation, they secured gate DONNA CHRISTIAN-CHRISTENSEN, especially in my district, where the their freedom, and what a celebratory who, as you know, is our representative greater settlement of many people time that was. from the U.S. Virgin Islands. Not only from the Caribbean in East Orange, I want to acknowledge so many is she an expert on the Caribbean but, Irvington and Newark make their prime ministers, but former Prime as we all know, she is an internist, a voices heard. In past elections we have Minister Manley, former Prime Min- physician and has been very, very help- seen many people from the Caribbean ister Seaga, former Prime Minister ful as we move forward in very difficult community educate fellow Caribbean P.J. Patterson, all great leaders that health care reform. Her input is invalu- Americans about the U.S. political brought greatness to the Caribbean, able. I also want to commend her for process and encourage their participa- and to acknowledge the present prime the recent involvement in a documen- tion in the democratic process. minister as he continues to work, to tary about the relationship between St. In recognizing June as Caribbean acknowledge the first woman Prime Croix and Puerto Rico that went month, in my work with the caucus, Minister as well that was in Jamaica through the history of the sugarcane this Congress has continually focused for at least a time in the last 2 years. industry back at the turn of the cen- on enhancing relationships between the We know that she has been called with tury in the late 1800s, early 1900s and United States and the Caribbean states great love and affection Prime Min- the number of Puerto Ricans who came by reviewing proposals and pending ister Portia, but we respect the service to St. Croix to work there. This was legislation that have a direct impact that she has given. shown last weekend, will be shown in on the Caribbean. I believe that by fa- My grandparents left Jamaica and New York, and has received many cilitating an ongoing dialogue, we can went to work in Panama in the Pan- praises for the interesting history that continue to recognize the Caribbean as ama Canal, and I had the privilege of it brings about. America’s third border for trade, for going to the Panama Canal for a Home- Let me just say that it’s a pleasure political stability, for the fight against land Security mission and seeing my to be here—as chairman of the Sub- drug trafficking and for economic de- grandfather’s name listed as one of committee on Africa and Global Health velopment. We need to remember that those who worked on the Panama but also as Chair of the Caribbean Cau- the Caribbean is not just a place for va- Canal. As he came to the United States cus, the bipartisan caucus that we have cationing, but it’s a place in need of and then settled between South Caro- here—to kind of expand our relation- economic development. With the cur- lina and Brooklyn, New York, to know ship with the Caribbean. This Carib- rent open trade regime, the challenge that he was part of that wonderful tra- bean American Heritage Month is well for the Caribbean is to quickly develop dition of history and heritage, the won- deserved. It’s recognizing the diversity high productivity sectors that could derful cuisine of oxtails and rice and and success of people from the Carib- drive the region’s development. We peas and plantains and many other bean. You’ve heard other speakers talk know that the same problems that good things that we continue to enjoy about the many people from the Carib- have stricken us in the U.S. have culturally in my family that I raised bean who have been so outstanding. stricken the Caribbean. HIV and AIDS my children on, that I was raised on, so The achievements and impacts made has become a problem, but we’re very that this nexus of knowing your roots from Caribbean people have contin- pleased that the PEPFAR program now is so very key. ually made a positive contribution to has been expanded to 14 Caribbean So what I say to all who are listen- the well-being of American society. We countries. In 2005 an estimated 300,000 ing, this Nation is valuable because it could go back to our beginning with adults and children in the Caribbean respects the culture of all of us. And Alexander Hamilton, who came from were reported living with HIV, making today we salute Caribbean Americans, St. Kitts, our first Secretary of the it the leading cause of death among and I have been privileged and proud to Treasury. Secretary Colin Powell is adults aged 15 to 44. We know that in have served in the United States Con- from the Caribbean as well as Cicely Haiti, life expectancy has also been im- gress with that history but also to Tyson, W.E.B. DuBois, James Weldon pacted tremendously by HIV and AIDS. work on a number of issues helping to Johnson, Malcolm X, Harry Belafonte, However, like I said, we have a tre- make their land, their nation, better Sidney Poitier, and, in my own dis- mendous relationship with our friends and creating a better partnership be- trict, two people that I might talk in the Caribbean. There are several tween the United States and Carib- about here, Antoinette K. Ellis-Wil- problems that we need to help them bean. liams and Dr. Claire Nelson. Dr. Claire with. Nelson, the founder and president of Deportation. As you know, in 1996 the b 2015 the Institute of Caribbean Studies, is U.S. law changed that anyone con- Mrs. CHRISTENSEN. Thank you, known for her leadership in making victed of an offense had to face depor- Congresswoman JACKSON-LEE, and Caribbean Americans heard. I am proud tation from the United States; and as a thank you for your hard work, your to say I work with her on a regular result, many of these small nation service, and your support for all issues basis, as many of us do; and we admire countries have had to absorb persons relating to the Caribbean. I know you her and the great work that she does. who may have come to the United are very proud of your Jamaican herit- We just had the opportunity to be with States as infants but have engaged in age because you speak of it very often. her last week, and we are extremely crime and now are sent back 20, 30, 40 Thank you. pleased at the outstanding work that years later as hardened criminals; and At this time I would like to yield the institute is doing. The second per- many of the countries in the Caribbean such time as he might consume to the son that I mentioned, Dr. Antoinette are having a difficult time dealing with founding Chair of the Friends of the K. Ellis-Williams, a leader in my con- these deportees. Another problem that Caribbean Caucus, the gentleman from gressional district, currently serves as we see is with the drug trafficking in New Jersey, Congressman DONALD president for the Essex Valley Health Mexico. We’re finding that they are PAYNE. Care and serves on the board of East pushing drug trafficking into the Car- Mr. PAYNE. Thank you. Let me com- Orange General Hospital. She is a ibbean, and we need to assist the Carib- mend the Congressional Black Caucus proactive member of the Caribbean bean in fighting this and give them as- and its chairperson, leader this Medical Mission, a nonprofit organiza- sistance with law enforcement, train- evening, BARBARA LEE from California, tion of doctors, nurses, health care ing and Coast Guard assistance. But we for the outstanding job that she is workers, engineers and other profes- are very proud of many of the Haitians, doing as Chair of the Congressional sionals who give back to the commu- as I mentioned. Track and field is Black Caucus. As the caucus moves for- nity through their services. She is a something that they have excelled in. I

VerDate Nov 24 2008 03:48 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.086 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6789 recall when I was running back in the States of America 30 years later. A per- the then Danish West Indies who have early fifties, George Rhoden was a son like Mr. Michael Manley did such and who continue to contribute much quarter miler who won the gold medal an outstanding job. So we’re just to our Nation. I have spoken of many in the Helsinki Olympics. George pleased to celebrate this heritage of them on several occasions, people Rhoden and many other Jamaicans month. like Casper Holstein. Congressman came up and went to Morgan State Once again, I certainly commend the PAYNE mentioned Raymond Jones. Jon University. At the Penn Relays, these gentlelady from the U.S. Virgin Islands Lucien in music, Emile Griffith in box- Jamaicans in the late forties and early for her leadership. I know that we will ing, Valmy Thomas, Horace Clarke and fifties started to get recognition. And have a wonderful month as we cele- Tim Duncan in sports. There are many, we know that in the Beijing Olympics, brate the great attributes that people many others. Usain Bolt, at 20, 21 years old, won the from the Caribbean have made not only One, Denmark Vesey, was born in St. 100 meters and the 200 meters. He was to the United States, and Europe but of Thomas and settled in Charleston, one of the youngest persons to ever win course the Caribbean. South Carolina, one of my favorite cit- those events, and the first person since Mrs. CHRISTENSEN. Thank you, ies. He settled there in 1783. Seventeen Mr. Lewis from New Jersey to win both Congressman PAYNE, and thank you for years later he bought his freedom, and sprints in the Olympics. We have had your leadership both as our leader on inspired, I am sure, by the 1733 African many outstanding people that started Africa and global health as well as for rebellion of St. John and the 1791 suc- politics in New York, Hulan Jack, way all of the work that you’ve done with cessful African rebellion in the Isle of back, a fellow from St. Lucia. He was us in the Caribbean Caucus. Thank you Saint Domingue, now Haiti, he also born in 1905, moved up to New York, a for joining us this evening. planned a well-known slave uprising There are so many men and women of high school dropout, went to work for a that was to have taken place in 1822, Caribbean American heritage who have company, and worked his way up from but was thwarted. contributed greatly, and so many a janitor to become a vice president of I would be truly remiss if I didn’t events that have created ties that for- the firm. He became active in politics, speak briefly about Alexander Ham- ever bind us together. President Obama and he became a New York City Demo- ilton, who has been named several in his proclamation this year, recog- cratic political leader, loyal to the times this evening, who was born in nizing Caribbean American Heritage Nevis, which is now a part of the inde- Tammany Hall operation, which was Month wrote, ‘‘Generations of immi- pendent nation of St. Kitts and Nevis, run then by a fellow named Carmine De grants have preserved the traditions of and who spent his formative years in Sapio. But in 1940 Hulan Jack won their homeland, and these traditions St. Croix before coming to New York seven straight elections to the New have defined our Nation’s identity. and eventually becoming, as Ron York State Assembly, representing his This multi-lingual and multi-ethnic Chernow puts it, ‘‘Arguably the most Harlem district. And in 1953, Hulan tradition has strengthened our social important figure in American history Jack was elected to borough president fabric and enriched the diversity of our who never attained the Presidency, but of Manhattan, becoming the first Afri- Nation.’’ He continues, ‘‘We are neigh- had a far more lasting impact than can American to hold the post. Elected bors, partners and friends. We share many who did.’’ more than a decade before the rise of the same aspirations for our children, Alexander Hamilton was credited big city black mayors in the sixties, and we strive for the very same free- with having been Washington’s aide-de- Hulan Jack was the highest ranking doms. Together we can meet the com- camp, a Revolutionary War hero, a African American municipal officer in mon challenges we face.’’ member of the Constitutional Conven- the Nation. With an annual salary at I want to highlight several of those tion, the leading author of the Fed- that time of $25,000, he was the highest ties that bind. The birth of our Nation eralist Papers and head of the Fed- paid black office holder in the country. was supported by many Caribbean is- eralist Party, as well as the first Sec- He served as Manhattan Borough presi- lands. Many do not know that the guns retary of the Treasury, who forged our dent for several terms; and because of that were manned by the colonies dur- tax and budget systems. I bet he would his emerging strength, the powers that ing the American Revolution were have let us budget for prevention, as be interrupted his career, and he left gunpowdered by shipments from the we are trying to do in health care re- office. But Hulan Jack showed that Caribbean. While I believe most of it form. He started the Customs Service, politics was something that many of originated from St. Kitts, it was in the the Coast Guard, and the Central Bank. our Caribbean folks brought to the St. Croix Harbor in the then Danish We are proud that he was a Virgin Is- leadership of politics in our country. West Indies where that gunpowder was lander, a Crucian, and we are seeking I’ll just finally end with a person loaded for shipment to the early colo- to make his family home, the site that we all admired so much and has nies. In fact, it was also in that St. where his mother was buried, a part of been mentioned earlier, Mr. Michael Croix Harbor, according to Robert the National Park Service. It carries Manley, son of Norman Manley who Amandus Johnson in his book Saint the same name as his home in New served as the Prime Minister from ’59 Croix 1770 to 1776, that the first salute York City, Grange. to ’62. Michael Manley came in and be- to the Stars and Stripes occurred in There have been many Caribbean came a three-term Prime Minister June of 1776. men and women who have served in from ’72 to ’80 and ’89 to ’92, and he Congress and in our Nation’s adminis- b 2030 stepped down because of bad health. tration. But just look at what Michael Manley And, of course, there is the direct re- As a woman of Caribbean decent and did in Jamaica: Minimum wage for all lationship between Haiti and New Orle- a founding member of the Congres- workers; free education at secondary ans, the latter of which in the begin- sional Black Caucus, Shirley Chisholm and university level, to the extent that ning of the 19th century was considered led the way for Congresswoman space was available; instituted a lit- a minor adjunct to the island which YVETTE CLARKE and I. As a pioneering eracy campaign; subdivision of what he was then considered France’s most val- minority woman, her legacy holds the called idle land to poor blacks, a for- uable possession. It was only after Na- door open for many more African mation of agrarian cooperatives where poleon failed to reconquer the colony Americans and women. they worked together; price control on after the Africans had won their free- Then there was Mervyn Dymally, numerous staples to benefit the poor; dom and begun to establish their re- Ron de Lugo, Melvin Evans, Victor reduction of the voting age to 18, thus public, only then did he decide to sell Frazier, and all who have served as increasing the black vote that then the Louisiana Territory. Many from Resident Commissioners from Puerto was able to continue to move forward. the island of Saint Domingue who had Rico, as well as Members of Puerto Listen to this—institutionalizing paid fled that island became early inhab- Rican and Cuban heritage who are also maternity leave and free milk to moth- itants of New Orleans, contributing to Caribbean Americans and who serve ers. This was way back then in Ja- the culture which is so recognized and today and have served in the past in maica where, as you know, we are still renowned today. this body. fighting to get family leave instituted There are also many U.S. Virgin Is- Many more of our Nation’s leaders in some of our States in the United landers today and in the past and from trace their roots to the Caribbean, such

VerDate Nov 24 2008 03:48 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.088 H15JNPT1 erowe on PROD1PC64 with HOUSE H6790 CONGRESSIONAL RECORD — HOUSE June 15, 2009 as our former Secretary of State Colin strengthened my interest in addressing issues ognizing me today. I have some stuff I Powell, Attorney General Eric Holder, of importance to the African Diaspora both think is kind of interesting to talk Assistant Secretary of the Interior-des- here in the U.S. and abroad. about. ignee Wilma Lewis, and Supreme Court In addition to Shirley Chisholm, during Car- Let’s start with recently, while lis- nominee Sonia Sotomayor. But there ibbean-American Heritage Month, we also rec- tening to the radio, I heard an an- are many others. ognize people like Alexander Hamilton, Hazel nouncement that President Obama was We may look back as far as the pe- Scott, Sidney Poitier, Wyclef Jean, Eric Hold- appointing a gentleman to be named riod to 1900 to 1920, which marked the er, Colin Powell, Harry Belafonte, Celia Cruz, the compensation czar, and that kind initiation of mass labor migration Congresswoman DONNA CHRISTENSEN, Con- of threw me. Being an old criminal law from the Caribbean to the United gresswoman SHEILA JACKSON-LEE, Congress- trial judge, I remember the drug czars States and the formation of the first woman YVETTE CLARKE, and many others who of the past. I remember I think a cou- large Caribbean communities here in helped shape this country. ple of Homeland Security czars. But I this country. Caribbean-American Heritage Month also never had heard of a compensation We should not forget World War I, provided an opportunity for us to strengthen czar. when the recruitment of labor from the our long-term partnership with CARICOM na- So I started to look into it, and I al- Caribbean became imperative. More tions through greater dialogue and engage- ways thought it was kind of peculiar than 100,000 Caribbean laborers were re- ment. From disaster preparedness, education, for a democratic country to even use cruited for agricultural and tedious and the campaign against HIV/AIDS and other the term ‘‘czar.’’ But others adopted it jobs as part of war labor. We should ac- health disparities, we share a number of mu- ahead of time, so I have no criticism of knowledge the Caribbean men and tual policy interests with our Caribbean neigh- using the term ‘‘czar,’’ though I think women who served our country and bors. if you look up ‘‘czar’’ in the dictionary, those who continue to serve this coun- For example, last year we were able to ad- you will find out the most popular try overseas in its conflicts today. dress these important issues regarding the version is a form of the Russian totally So I feel it has been an honor and Caribbean, through the Institute for Caribbean autocratic emperors of the old Imperial privilege as a Caribbean American, Studies’ Caribbean-American Legislative Russia. To me, I think it sounds a lit- whose roots lie in Cuba, Antigua, St. Forum held on the Hill. tle funny for us to be comparing our- Kitts and the Danish Indies, now the In addition, the Caribbean People Inter- selves with that failed system. But, Virgin Islands, to host this hour, where national Collective Inc (CPIC) held a round- you know, I can’t criticize it too much, the Congressional Black Caucus has table discussion on health in the immigrant because we have had multiple folks recognized and paid tribute to Carib- community. This event promoted the goals that have had the name ‘‘czar.’’ bean American heritage. and ideals of National Caribbean-American Exactly what are these czars that we Ms. LEE of California. Madam Speaker, I HIV/AIDS Awareness Day (NCAHAAD). create in this country? Well, the best I Most recently, last year’s global rise in food rise today recognizing June as National Carib- have been able to determine, these are costs keenly affected the people of the Carib- bean American Heritage month and to ac- people who are hired members of the bean, particularly our friends in Haiti. The cri- knowledge the important contributions Carib- executive branch of the government, sis highlighted the need for reengagement and bean-Americans have made to our Nation’s but they are not like Secretary of opened the door for innovative policy solu- history. Health, Education and Welfare or Sec- tions. retary of Labor. But they are given Let me begin by thanking Congresswoman Last year, CARICOM Heads of State held sort of absolute authority in their field DONNA CHRISTENSEN of the Virgin Islands for their New York Conference on the Caribbean to give direction to the government anchoring tonight’s CBC hour honoring Carib- under the theme ‘‘A 20/20 Vision’’, where they and to advise the President as his per- bean American Heritage Month. met with regional policy makers, the academic I want to also thank Congresswoman sonal kind of alter-Cabinet, if you will. community, private sectors and financial insti- YVETTE CLARKE, Congresswoman SHEILA Now, the first thing that comes to tutions, as well as members of the Caribbean JACKSON-LEE, and Congresswoman MAXINE mind when you wonder about that is, Diaspora to better integrate policy interests WATERS for their tremendous leadership on you say now, wait a minute, all these between the U.S. and the Caribbean. secretaries that become members of Caribbean Issues. National Caribbean American Heritage the Cabinet, they have to be confirmed I would like to acknowledge The Institute for month promotes the importance of recognizing by the Senate. Constitutionally, it is Caribbean Studies and all the other Carib- that our policies in the Caribbean affect us in required that they be confirmed by the bean-American organizations that worked to the United States. Caribbean-American Herit- make Caribbean-American Heritage Month a Senate. age Month reminded us of the large and di- We have these confirmation battles great success. verse constituencies of Caribbean-Americans As a long time supporter of the Caribbean in every administration, and actually in our nation and provided an opportunity to some issues have come up this time and a frequent visitor to the region, I was very send a message of good will to the Caribbean proud to see us celebrate this important com- which caused people to withdraw their community both here and abroad. names before the issue of whether or memorative month for the third year. Since the Caribbean American Heritage Month also not they be confirmed, for reasons like resolution’s initial passage by Congress in provided an opportunity to celebrate and share they didn’t pay their taxes or some 2006, the President has issued a proclamation in the rich culture of our Caribbean neighbors, other reason that they felt they didn’t recognizing Caribbean-American Heritage through showcases of Caribbean art, festivals, want to go through that kind of an on- Month in June 2006, 2007, and 2008. concerts, and film. People of Caribbean heritage reside in Just as we commemorate the achievements erous process of getting to be the Sec- every part of our country. Since 1820, millions of the many diverse communities in our na- retary of Homeland Security or the of people have emigrated from the Caribbean tion, the United States Government should en- Secretary of State, Secretary of Com- region to the United States. courage all people to celebrate the rich history merce or whatever Secretary it may Throughout U.S. history we have been fortu- and diversity of Caribbean Americans. be, which for a long time has been the nate to benefit from countless individuals of I ask all of my colleagues to join me in hon- historical heads of departments of the Caribbean descent, who have contributed to oring the Caribbean-American community, and executive branch of the Federal Gov- American government, politics, business, arts, acknowledge their service to our society. ernment. But now we have these new guys that are going to be czars. education, and culture—including one of my f personal heros, the Honorable Congress- Now, it wasn’t so hard to figure out woman Shirley Chisholm. A LOT OF CZARS when you said, well, you have got an Shirley Chisholm was a woman of Ba-jan The SPEAKER pro tempore. Under Attorney General who is one of the and Guyanese descent, who never forgot her the Speaker’s announced policy of Jan- Cabinet members, and he is confirmed roots in the Caribbean. She was the first Afri- uary 6, 2009, the gentleman from Texas by the Senate, just like the Constitu- can American woman elected to Congress (Mr. CARTER) is recognized for 60 min- tion requires, and to have somebody and the first woman to run for President. utes as the designee of the minority who is totally focusing on the drug My political involvement began as a volun- leader. fight that we have. Maybe that might teer during her historic presidential campaign Mr. CARTER. Thank you, Madam not be such a bad idea. So that is kind in 1972. Through her mentorship, she Speaker. I want to thank you for rec- of the first concept of czar that I can

VerDate Nov 24 2008 03:48 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.089 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6791 recall, and I think probably at some tion to be announced, but they are We also have Ms. Napolitano, who is time Ronald Reagan may have used going to have one. the head of Homeland Security, and it that term. So, you can understand Now, right off I wondered about the is her statutory responsibility to be in that. cybersecurity czar, because we have charge of defending the borders of this But when you hear ‘‘czar,’’ you think got an infotech czar up here, which is country. And, in fact, it’s the constitu- Russian. When you think of Russian sort of both first cousins anyway, and I tional responsibility of every Member czars, you think of the Romanov dy- don’t know whether they will be work- of this House to defend our borders. nasty, which is the dynasty that was ing together or what, but they are But it’s certainly her statutory respon- ultimately overthrown by the com- going to have absolute power in their sibility to defend our Nation. munist revolution. From its inception field, whatever that means. I think this We have an Energy Department; and and for 300 years, the Romanov rule is something we ought to be curious the Secretary of Energy, I think, the had 18 czars, and two or three of them about. That is so many czars. best I can figure out, is supposed to be didn’t last very long, and in 146 days You know what is interesting? The responsible for the Energy Department. the Obama administration has 22 czars. Russians gave nicknames to some of Now, I wonder why we have to have Now, these folks have lots of titles, their czars based on their behavior. I this energy czar. these 22 czars, but if ‘‘czar’’ means wonder who is going to adopt some of Urban czar. Well, we’ve got a Depart- what czar has sort of historically the nicknames for some of the czars? I ment of Urban Development that’s, you meant, it is designed to give them sort don’t think anyone would like to be know, Housing and Urban Develop- of an absolute in-charge position on a called Alan the Terrible. We had an ment, HUD. That’s been around for an certain subject matter. And, remem- Ivan the Terrible in the Russian Roma- awful long time. That is a Cabinet ber, these folks are not ones who would nov dynasty. I am sure they would all post. So why all of a sudden do we need have to be confirmed, the way I under- like to be Peter the Great or Catherine an urban czar? We never had one be- stand it, in order to hold a position. the Great, have ‘‘the Great’’ after their fore. These are just hired folks that the name. Infotech czar. I don’t know where President, through his presumed au- b 2045 that would fall in the purview of the thority, gives them this power to do But I guess we can make up names established secretariats by the Con- this. So, the Russians took 300 years for them. But the question is, why? I stitution or by statute, but somewhere. Faith-based czar, I can—we’ve dealt and we took 146 days to create this think it’s a question that the adminis- ‘‘czardom,’’ if you will. tration ought to have to answer. with the head of a faith-based initia- Now, let’s see who these folks are. You know, I’m not the only one ask- tive in the Bush White House that The best I can tell, this is a pretty ac- ing these questions. A statement from came under a lot of criticism from the curate list of our czars that have been Senator ROBERT BYRD said: ‘‘The rapid now-majority; but they’ve created one, created by the Obama administration. and easy accumulation of power by and at least it is reported, put an athe- We start off with the border czar, White House staff can threaten the ist in charge of that, which, seems to Alan Bersin, and then the energy czar, constitutional system of checks and me seems rather strange. . I believe she was part balances. At the worst, White House The health reform czar should be ac- of the EPA last time, maybe under staff has taken direction and control of tive right now, because, as I under- Carter or Clinton, I’m not sure. Prob- programmatic areas that are the statu- stand it, the President spent his day ably Clinton. I don’t know all about all tory responsibility of Senate-confirmed today trying to convince people in var- these people. officials.’’ ious places that we needed this massive The urban czar is Adolfo Carrion. The And he’s raising the same issue that health reform that he’s seeking to put infotech czar is . The I was raising just a few minutes ago, up. And he wants to actually create, faith-based czar is , at and that is, these people don’t go put the government in competition least it has been reported he is an athe- through the confirmation process. with private industry on health care, I ist, but that is his faith, I suppose. There’s no Senators looking and seeing would say, leading to the kind of Health reform czar, Nancy-Ann what kind of reputation these people health care, ultimately, maybe DeParle, I guess it is. TARP czar, we have, what they’ve done in the past, through the back door, but ultimately, have all heard about the TARP, Herb where their area of expertise is, wheth- I think there’s no doubt, and most ex- Allison is the TARP czar. The stimulus er or not this is the most qualified per- perts would say, the recommendations accountability czar is Earl Devaney. son, whether this is the person who that they’re making, that they’re The nonproliferation czar, Gary would meet the constitutional require- pushing forward between now and prob- Samore. I may be mispronouncing ments of serving our Nation. I know ably the 4th of July, are to set in mo- these folks’ names. Let me say right these are hired by the President. It’s tion the possibility of a single-pay off, if I mispronounce anybody’s name, like there’s this alternate universe health care system in the United it is because I am from Texas, and I that we’re creating. We’ve got the Cab- States run by the government. And just apologize for that. inet. I guess you leave the Cabinet and when we have that, we will see the The terrorist czar is John Brennan. you go over to the czardoms and you quality of our health care plummet, The regulatory czar, there is an inter- meet with them, or maybe they all get and we will see people like me, people esting one, Cass Sunstein. The drug in one room and battle it out. I don’t in Washington, making decisions as to czar, we have seen that one before. The know how it works. We’ll see. what certain people are supposed to do drug czar is Gil Kerlikowske, it looks But this is sizably more czars than for health care, and rationing that like. The Guantanamo closure czar, we’ve ever had. In fact, taking a look health care. which is on the front page of all the pa- at President Ronald Reagan, he had Now, if you ask our good friends and pers, is Daniel Fried. The AF–PAK czar one czar. President George Herbert neighbors to the north in Canada, you is Richard Holbrooke. The Mideast Walker Bush had one czar. President say, we hear you’ve got the greatest peace czar, George Mitchell. We are Bill Clinton had three czars. President health care system in the world. They very familiar with him, former Senator George W. Bush had four czars. So said, it is good; it’s real good as long as Mitchell. we’ve gone 1, 1, 3, 4, 22. you’re well. But if you get sick, you’ve The Persian Gulf-Southwest Asia If these czars are set up to target his- got to get on a waiting list to get czar, Dennis Ross. The Sudan czar, J. torically needed help for people in this treated. Scott Gration. The climate czar, Todd country, I think it’s done with a good And, in fact, we have a greater cure Stern. The car czar, Steve Rattner. He heart. But I really think we should be, rate for breast cancer in this country has been all over the place. The eco- we as the American people, should by about 30 points, percentage points, nomic czar, , who is very start asking why. Why should you hire than they do in Canada because they famous. The executive pay czar, that is somebody, for instance, to be the bor- wait too long to take action on the one of my favorites right there. The ex- der czar? Now, Allan may be a really breast cancer issue. Same thing goes ecutive pay czar is Kenneth Feinberg. nice guy and he may be smart as a for prostate cancer for men. These are And then the cybersecurity czar, posi- whip. things we ought to be thinking about.

VerDate Nov 24 2008 03:48 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.090 H15JNPT1 erowe on PROD1PC64 with HOUSE H6792 CONGRESSIONAL RECORD — HOUSE June 15, 2009 We have somewhere in the 90 percentile partment, Departments in the entire sponsible for the climate of the United success rate if we catch breast cancer United States, and it was created be- States? I mean, that’s tough. That’s a early and aggressively pursue it. cause of terrorism, but now we’ve got a tough job. They’re in the early 60s, like, 61, 63 per- terrorism czar. The Car czar. Well, if this guy doesn’t cent. This is something that we ought The drug czar we’ve had, I’m pretty do his job, he’s going to have a whole to be concerned about. sure, in every administration for the lot less to be czar over, because the If you get an orthopedic problem in last four administrations. And I know Federal Government now runs the car Canada, say, a bad knee that you need how that works, and I understand how business and at least two of the largest to get fixed, you could wait 5 years be- that works. Now, whether or not we— three firms in our country, so he sort fore you get in to see the orthopedic drug czars have had the absolutism of could be the government auto czar surgeon, where, in the United States, that the word ‘‘czar’’ seems to indicate, because the government’s now in the you could probably see him day after I don’t know, and whether these folks automobile industry. Heaven help us. tomorrow, and you could probably get are going to have that kind of absolute The Economic czar, and I know we’ve surgery done next Monday. So we have authority is anybody’s guess. got a half a dozen people that serve in to think about those things. Guantanamo closure czar. At least Cabinet or sub-Cabinet positions that But we’ve got a health reform czar, we know this guy is going to be out of we refer to as economic specialists, in- and I’m sure she’s going to tell us how work by the end of next year, that is, cluding, we’ve got the Federal Reserve it’s going to work. if the administration keeps their that gives us advice on economics, and TARP czar, now that’s particular and pledge. Now we’ve been told, abso- we’ve got the Secretary of the Treas- peculiar to what we’re doing right now, lutely, that by this time next year, ury that gives us advice on economics, and that’s the TARP stuff. And there Guantanamo will be closed. And so this we have a board that gives us advice on may be some understanding as to guy’s got a short—he’s on a short economics, and there’s an economist where that is. But, you know, we were leash. behind every bush. Probably the only told by two Secretaries of the Treasury The AFPAC czar, I don’t even know thing more in Washington that we’ve that they were going to oversee this what that does. got than economists is lawyers. Heaven and they were going to make sure Middle East peace czar, well, you help us. nothing bad happened. Okay. Now could just also call him an ambassador, But we’ve got an economic czar, and that’s what they told us. We heard one a credentialed ambassador or whatever he’s one we’ve heard of, Paul Volcker. under George Bush, and we now hear they call those people that go out and And I guess Paul’s going to tell us how one under Barack Obama. And both negotiate peace. And George Mitchell’s it works. these guys have told us that they’re done more than his share in his life- Now, this one is the one that got me going to be looking out for our money time, and he’s very competent. I’m not wondering about this czarship, execu- over here. But we’ve got Mr. TARP going into the competence of any of tive pay czar. czar is doing that. these people. b 2100 And the stimulus accountability As far as I know, all these czars could czar. Accountable to who? And what be, ultimately, Allan the Great, Carol There are an awful lot of people ask- does that mean? But I’ll tell you, the Great, Adolfo the Great, Gary the ing: What does that mean? We know at there’s no doubt about it now. This is Great, Jay Scott the Great. I mean, a minimum what it means is that we’re true. The American people are sure just like Peter the Great. We don’t going to decide what some of the big worried about how this money’s being know how great these guys are going to firms that took bailout money are spent and where it’s going, and is there be; but they could be one of those. And going to pay their top executives. It any waste, fraud and abuse involved in let’s hope none of them end up being has been all over the papers and on all it as it comes out, because when you Ivan the Terrible, because that would of the TV shows about the various, start throwing around billions and bil- be terrible. huge, gigantic amounts of money that lions and billions of dollars until you Persian Gulf czar. Sudan czar. Now, some CEOs and CFOs and others get reach trillions of dollars, it doesn’t we have an ambassador to Sudan, I paid with bonuses in some of these take a rocket scientist back home to think, and we have diplomats that large corporations. It’s really beyond figure out that much money is just a work with Sudan. We have a Secretary most of our ability to conceive of how target for somebody to abuse the sys- of State who has an office that Sudan much money these folks get. So this tem. So maybe that’s a good thing. falls under, and I’m sure she has got guy is going to limit that. Nonproliferation czar. I assume some of the best experts on Sudan any- Then the question becomes: If he is that’s nuclear proliferation. That’s where in the country, just like she does going to be the czar—the absolute mon- what you always hear connected to the on the Persian Gulf, just like she does arch—over executive pay and that ex- proliferation word. But the question is, on the Middle East. The Secretary of ecutive pay is going to be from any- that’s sort of new. State has the best people we can hire, body who took government money, Terrorism czar. You know, when 9/11 and some of these people have been then does that mean anybody who got happened, and this was before I came working in this field forever. a tax break from the government could to Congress, when 9/11 happened, the And now we’ve got a Sudan czar. This be kind of grandfathered into this deal? Members of Congress here, in their means this is the absolute monarch of Does that mean for anybody who got a combined wisdom, in a very, very, bi- Sudan experts? And what does it mean? grant from the government and a big partisan effort, which everybody won- Or is it just an associate of the admin- one—not the bailout money, not the dered about bipartisanism, in a very bi- istration that needs a job? I don’t TARP money or the other one, the partisan effort, created the Depart- know. I don’t know what it does. stimulus money—that he’s going to get ment of Homeland Security. And it Climate czar. It’s not climate change to tell them what their pay is going to wasn’t just for borders. It was for all czar. It’s not global warming czar be- be? In fact, maybe the company that issues to protect the homeland of cause we’ve had to change those terms. you work for has gotten some of this America. And they became the entity We started with climate, started with money. Is he going to be able to tell where we gathered experts on ter- global warming and it started getting your company what you’re going to get rorism. colder, so that’s kind of dropped, and paid? Where does it stop? Of course, all of our military services now we’re at climate change czar. This So is this really a wage-fixing czar? intelligence divisions have always had guy doesn’t even get the word change. Is that a better term for this than ex- information about terrorism, because He’s got to be the climate czar. ecutive pay czar? I don’t know. that’s part of their job. They know who You know, we always blame the Finally—and we haven’t gotten the has to clean up the mess after the mess weatherman for the weather. But, hey, person’s name yet—there’s the cyberse- is created. And so our military cer- we’ve got a czar we can blame now. curity czar. Then we’ve run out of tainly has that information too. This guy could very quickly become, space on the page. I guess the next But we created, I would argue, one of that could be Steve the Terrible. Very thing we’ll find out is that, instead of the largest, outside of the Defense De- quickly. How would you like to be re- 22 czars, we may have 42 czars.

VerDate Nov 24 2008 03:48 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.091 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6793 I tried to find out what these folks nationalization of a list of our major an industry, really, that wouldn’t have get paid, but I haven’t been able to fig- investment banks. I don’t know how some connection with the Federal Gov- ure it out yet. Stay tuned. I’ll try to many that is—four or five perhaps. It ernment if they’ve gotten a grant, if come back to you and talk to you would be the nationalization of the they’ve gotten a fellowship, if they’ve about what all of these czars are going largest insurance company, AIG. It gotten a guaranteed loan, if they’ve to get paid. You know, if they’re fol- would be the nationalization of Fannie gotten a tax break that’s designated lowing in the Russian pattern, it’s Mae and Freddie Mac. So I may be up for their industry that other industries going to be pretty good because those to about eight. We ought to research didn’t get. All of these categories could czars lived in some pretty nice houses, this list a little bit before we publish it be quickly expanded to add to that and they did pretty well. So, in 300 as the final total because I could surely stimulus czar, if you will. years, the Romanovs had 18 czars. In forget some. Now I’m to 8, 9 and 10. So I’ll yield back. 146 days, the Americans now have 22 Let’s put down Chrysler Motors and Mr. KING of Iowa. I thank the judge czars. General Motors while we’re at it. When from Texas for pointing that out, be- I am very pleased to see that I’m not you end up with a 60 percent share in cause there is a Federal nexus in al- by myself today. I have a good friend. General Motors that the taxpayers are most all business in America, and they My good friend, colleague and class- holding—that’s the American tax- can find a way to control it. mate is here, STEVE KING from Iowa. payers—and another 12.5 percent held My father always told me there’s a STEVE is always ready to have some by the Canadian taxpayers, that would difference between ‘‘reasons’’ and ‘‘ex- fun. be 72.5 percent of General Motors that cuses.’’ He knew the difference. I didn’t STEVE, what do you think about all is owned by government. It would be always know the difference, but today, of this? I’ll yield to you as much time 17.5 percent owned by the unions, and I think I do. These are excuses. Think as you wish to consume. it would be, I think, around 12.5 per- of this: The executive pay czar—the Mr. KING of Iowa. Well, Judge cent owned by the bondholders, the payroll czar—looking in at CEOs. He CARTER, I so much appreciate your part they were able to hold together of fires the CEO of General Motors. He bringing this issue to the floor of the their secured interest. hires his guy. He appoints all but two House of Representatives. I appreciate Yes, we need a czar to figure out an members of General Motors’ board of the chance to address Madam Speaker exit strategy for all of these things directors. He says, I don’t want to run in this subject matter. that President Obama has engaged in this company, but you’re going to have I have not seen this list of czars. Ac- without an exit strategy. It occurs to to build a car that looks and runs like tually, I went home for the weekend, I me that he was elected as President of this, and you’re going to have to stop think, with 19 czars and arrived back in the United States, in part, because of building these cars, and we’re going to Washington with 22 czars. There might his relentless criticism of President make this all environmentally friendly have been 3 that materialized over the Bush for going into Iraq without an in this fashion, and we’re going to de- weekend. I look down through this list, exit strategy. Now I’ve just named 10 cide who gets paid and how much—who and the first thing that hits me is, things that he has entered into without gets paid, because he fired the CEO, well, let’s see: border czar. I’m the an exit strategy. By the way, for all of and how much. ranking member of the immigration them, he said, I don’t want the govern- By the way, we had the CEO of AIG, subcommittee. I’ve never heard of him. ment to own them, and I don’t want to who was working for a dollar, who I’ll go right down the list. A few of have to manage them, and it’s not my came to this Congress and who, I them I’ve heard of but not very many, business to do so. think, was treated disrespectfully by so I don’t think they have a very high Turn around the next week and na- the members on the panel. He should profile—but czar, czar, czar 22 times. tionalize something else. Do a photo op have—and did—thrown the thing up. He There were only 18 czars in all the with Hugo Chavez. That great was trying to do the right thing for nationalizer in Venezuela appears to history of the Romanovs. Did I get that America for $1 a year, and that wasn’t me to be a piker compared to the one right? enough to satisfy them. Mr. CARTER. That’s correct. we have in the White House. So I’m thinking: What Fortune 500 As for these 22 czars that we have, Mr. KING of Iowa. It occurs to me, if company would be exempt from the the ones that stand out and get my at- you think about the flow and the con- scrutiny of the executive pay czar—the tention are, for example, the executive tinuum of history, all of the czars were payroll czar? I can’t think of one, be- pay czar—the payroll czar—the guy precursors to the Marxist era of Rus- cause they view these corporations as who sits there and figures out Joe’s sia. So I don’t know if this is any kind making too much money and Shan- being evil capitalist corporations. of thing we ought to be thinking about, They still haven’t looked over into non’s making enough, and we need to but the implications that come with Hollywood, for example, and decided have some more people out here who the nomenclature here of these people that some of the actors, directors and are sacrificing for the good of the who are supposed to be managing these producers are probably making too whole. I look at that. Then as I under- jobs for which we already have people stood this, too, it went beyond those much money by their own standards to do causes me to think: who had taken Federal money, but here. They wrote a lot of checks to Is this a precursor for what’s hap- they were going to at least look at ex- these people who are in the White pening in a nation that has seen our ecutive pay in all of the large corpora- House today, so you haven’t seen that major industries nationalized? Fannie tions—at the CEOs—and make sure scrutiny that would come; but if you’re Mae and Freddie Mac—nationalized. that that wasn’t out of proportion. going to be an executive pay czar, you Large investment banks—nationalized. Do you remember that number? should look at everybody’s executive The largest insurance company—na- About $500,000 is plenty enough for any- pay. tionalized. I didn’t see any czar here body to make in a year or so. I think, Then I suppose we get into the pro- for de-nationalization, for one thing. theoretically, you could put a cap on fessional sports athletes, who do make I’m looking for that. I’d like to appoint all of that. It’s harder to do so if there a lot of money. Maybe, you know, that czar of de-nationalization. I could isn’t Federal money involved, but it’s you’re playing, so that must be fun. It find just about anybody on the Repub- not impossible to do so if you look at probably doesn’t demand more than lican side of the aisle who would make some of the impossible things that $500,000 a year no matter how good you a good de-nationalization czar because, have already been accomplished by this are. Pretty soon, America is no longer you know, I’ll present this list that’s in administration. a meritocracy; it’s a rate-regulated my head but that’s not very well re- Mr. CARTER. If the gentleman would government entity that decides who fined, and maybe we’ll get it a little yield, I would reclaim my time for just gets paid and how much. better. a moment. The payroll czar, outrageous. It is It just occurs to me that there are, Mr. KING of Iowa. I would be happy really outrageous. The climate czar. oh, 6, 7, 8, 9 or 10 different things that to yield. You know, I remember we did a dedica- President Obama has engaged in with- Mr. CARTER. If the issue would be a tion to a park we built in my home- out an exit strategy. That would be the Federal nexus, it would be hard to find town of Odebolt. We did it on the last

VerDate Nov 24 2008 04:22 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.093 H15JNPT1 erowe on PROD1PC64 with HOUSE H6794 CONGRESSIONAL RECORD — HOUSE June 15, 2009 Friday of October, which is a very So they lead the world in unemploy- assigned the government with checks risky thing to do outside in Iowa. I ment at 17.5 percent. They created a and balances, and this circumvents gave the opening speech before we cut lot of green-collar jobs at the cost of that system. This puts absolute au- the ribbon. Then Pastor Johnson $770,000 a job and at the cost of 2.2 pri- thority in these people’s hands at this stepped up. It was a beautiful day. It vate-sector jobs that they lost. category. And they have not gone was 75 degrees on the last Friday in Oc- So I’m hopeful that the climate czar, through any Senate confirmation, tober. You just don’t see that in Iowa. Mr. Todd Stern, will take a look at which the executive branch, those peo- In my opening speech, I said, Well, I Spain. I would refresh the memory of ple are supposed—all of our Secretaries take credit for the weather. I planned the Speaker and of yourself, Judge. and Under Secretaries have to be con- this. After I took credit for the weath- Take a look at Spain because President firmed by the Senate. We’ve got a good er, Pastor Johnson stepped up to give Obama has said we should learn from friend in this body that’s going to be— the opening prayer, and he said, Now Spain and that we should emulate that has been nominated for Secretary I’m going to give credit for the weather Spain. They have led this green revolu- of the Army, and I certainly hope he where it’s due. I deserved it. He did it tion. I’m convinced that the climate gets confirmed by the Senate, and I’m with the right tone, and I appreciate czar had to have taken the oath to be sure he will, but he has to go through that exact correction. supportive of such an idea or he that. The climate czar. I’d like to talk to wouldn’t be the climate czar. These people don’t go through that. the climate czar about the science in- As I listened to our Secretary of Ag- There is nobody overseeing this but the volved in this. I’m not finding people riculture testify before the Ag Com- executive department, but the Presi- who understand, who can explain and mittee last Thursday, of all the logical dent of the United States. So there’s no who can defend the science in this al- questions we asked from both sides of congressional oversight. There’s no ju- leged global warming. By the way, this the aisle, it looked to me like he had to dicial oversight, both of which were isn’t even the climate change czar. He take the oath to support the Presi- created by our Founding Fathers. No. could have been the global warming dent’s agenda on this Markey cap-and- The only real person they answer to is czar a year and a half ago. Six months tax legislation no matter how bad it is the President of the United States. And ago, he should have been the climate for agriculture and no matter how bad they work for the President of the change czar, but now, since the climate it is for our economy. is changing in the wrong direction, he’s I wonder if all of these people believe United States. He hired them. He chose just the climate czar. So there is a that you can grow the economy by in- them. He put them in this position. I’m sense of desperation that as this Earth creasing the expenses of business in sure he’s paying them good money. But seems to be flattening out or cooling America, because that’s what cap-and- they don’t do what our Founding Fa- marginally that their argument is dis- tax does. So put the climate czar to- thers envisioned our country to be appearing, and they have to pass this gether with the economic czar together doing. So what does it create? It cre- cap-and-tax legislation before we get a with the executive pay czar. I wouldn’t ates an executive department that is longer track record of an Earth that’s worry about cybersecurity. I’d like to garnering power in every area. not warming. penetrate that and know what all they I’m joined by my very good friend I’ll say this into the RECORD: These have to say and how they’re really from Texas, LOUIE GOHMERT. I yield to folks who are pushing—WAXMAN and thinking about this convoluted ap- you however much time you wish to MARKEY—are wrong on the science. proach. consume. They can’t defend the science. They Mr. GOHMERT. I appreciate my b 2115 can’t argue it against people who are of friend, also former judge, for yielding. equal scientific training. They can’t But the payroll czar is the one that And your last comments were exactly even argue it against me. I’m happy to gets me the most, the one who can de- what I would like to discuss as well, do that, by the way, and I’m happy to cide what everyone ought to be paid. and that is these people are unelected. have that debate with Al Gore and with And I’m wondering, before I yield back, We were promised before the November the rest of them who come along. Even that if they’re going to control the pay elections that they would have unpar- if they were right on the science—and of the neurosurgeons and what would a alleled transparency, that you would they’re not—they’re really, really neurosurgeon be worth. Would he be know everything about the govern- wrong on the economics. This has al- capped at $500,000 a year, too? Or could ment, everything that was going on. most become a religion. It has got po- we just get a cheap lobotomy for some We were going to be transparent. We litical inertia. of the people who thought this up. were told if only we would elect the Mr. CARTER. This bottom of the We saw and heard from a Ph.D. from Obama administration, elect him page, you’re right. The one thing I find Spain. Spain embraced the green coun- President, and that would happen. try. They wanted to be the leader in good about the climate czar is the poor And we’ve heard people say in this green energy for the world, in the in- old weatherman is going to get a body that there was a mandate, you dustrialized world, so they set about break, because when the weatherman know, that we got a mandate to do. No, doing that. They built a bunch of wind on Sunday night says it’s going to be a he didn’t. You barely got a majority chargers, and they raised the cost of beautiful day all day long and it rains, that elected you to have transparency. their electricity. They became the who do they blame? The poor old leader in renewable energy of the in- weatherman. Now they can blame the We were promised there would be dustrialized world. They also became climate czar. change because this administration the leader in unemployment at 17.5 per- You know, these folks here, here on would stop the insane deficit spending. cent. They became the leader in the in- the majority side, they would like all And some of us, including those of us crease of utility bills—20 percent to the center of the universe to be Wash- here, were not happy with our own residents but a 100 percent increase for ington, D.C., and there you go. Now, President Bush and his administration industry for electrical bills. This was everybody in the country will be blam- spending too much money. And they over a 3-year period of time. ing the climate czar for bad weather. got enough of our colleagues to help Even then, they couldn’t keep up At least we’ve got centralized blame. them spend too much money on our with the additional costs of electricity, I’m sure that there are some people side of the aisle, some from the other so they had to bond them out on the sitting at home saying—and in this side of the aisle, but it was too much international financial market. They body saying, Why are you talking money. And the people voted him in to didn’t have the money to pay the bills, about this? I think there is something stop the insanity. So this is what we’re so they pledged the full faith and credit really critical that we need to interject getting. of the Spanish Government to later on into this, and I said it briefly, but it And a czar, I would submit, is prob- pay off these bonds, which truly means really takes us out of the realm of ably the proper term because they’re that the cost of green energy in Spain humor and into the realm of serious- not accountable. You know, the Senate was being passed down to the grand- ness. tried to get Rattner to come over and children. They couldn’t even pay their When you realize the Founding Fa- testify. We don’t know how much electrical bills in this time. thers that created this country, they they’re making. They have these

VerDate Nov 24 2008 03:48 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.094 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6795 closed-door meetings and they’re mak- appropriation bill this week, I’ve got cause the Congress has not made them ing these incredible decisions about the an amendment in there. It’s very sim- accountable, judiciary’s not made them future of the automobile. ple. It says no money appropriated can accountable. So they’re just running Now, some people don’t understand, be spent to pay the auto task force, in- things. And everybody has allowed but if you study enough history, you cluding the car czar. If they’re not them to usurp the things that the know that when you can no longer going to tell us what they’re doing be- Founders fought and died and pledged produce the essential things you need hind closed doors to turn the laws up- their lives, their fortunes, and their sa- to conduct warfare to defend your- side down and to ignore the constitu- cred honor. We cannot let that happen. selves when you’re attacked, then tional takings, which is occurring, and Mr. CARTER. I thank the gentleman. you’re going to stop being a country. to ignore all of the contract law, the I believe my friend from Iowa (Mr. When you can no longer stomach doing bankruptcy law, if they’re just going to KING) would like some time. I’ll yield 5 what it takes to win to protect your ignore the law, then we need to ignore minutes to Mr. KING. country from nut cases around the paying them. And I hope that the Rules Mr. KING of Iowa. I thank the judge world, then you lose the country. And Committee, I feel like we’ll have a lot from Texas for yielding, and as I look here, we’ve got these people who are of bipartisan support on this because I at this list, a couple of things do come just ignoring the law. know people on both sides of the aisle to mind. I’d go back and refresh two And you look at what this czar did want to know what’s going on. We were places there: the TARP czar, Herb Alli- with cars. Now, he said, Well, we didn’t promised transparency, and by golly, son, and the stimulus accountability tell them which dealerships to close. we gotta have it. czar, Earl Devaney. Those two places But this closed-door secret society ap- I appreciate the gentleman yielding, there, add that up. We’re at about, oh, pointed by President Obama meets be- especially on this topic of czars, but we let’s see, $1.5 trillion, in that neighbor- hind closed doors, exerts pressure. know what happened to the czars. Peo- hood. Now very close to that. We’ve already seen the pressure this ple got sick of it and they threw them And it might be good to ask them, administration brings to bear: Well, out. Now, I would never advocate what Where’s the money and where did it go? you do this or else we’re going to go happened to the last czar and his fam- Now we’ve got a centralized place to at out and we’re going to blacken your ily, totally inappropriate. But here in least ask the question on a level of ac- name among the media. And we’ve seen America we have another way of countability. Now, these people are not that happen. throwing out czars. We have elections, accountable to the Senate for con- We’ve seen the beating that secure and the people have a choice. They firmation. They’re not accountable for creditors took when they simply said, were promised transparency, and this elections, and they are accountable You really ought to follow the law kind of baloney is not it. And I hope only to the President, as far as we here. Well, they were being un-Amer- the American people respond appro- know. But the least we could do is put ican. Those people, Madam Speaker, priately. some pressure on them and ask for a those people were not being un-Amer- Mr. CARTER. Reclaiming my time, I full accounting of where’s the TARP ican. They were trying to follow Chap- thank my colleague for his passion. money and are we going to let all of ter 11 law. The law is clear. It has been I was on the floor of this House about the people who want to pay that back for years. There’s going to be a Chapter 6 weeks ago talking about exactly the pay it back. And does the money come 11, there is going to be a plan. There’s same thing. We like to tout the rule of back to the Treasury, or are you going got to be disclosures about the plans. law. We like to say—and, in fact, it’s to roll that over into some other ven- There’s got to be hearings about the true—that what really makes America ture capital kind of government en- plans. There can be alternatives to the work is having the rule of law. That deavor. plan. You can have objections. You can means when you make a contract, we And the stimulus accountability have motions for relief from the State. honor that contract. When we have czar, Mr. Earl Devaney, I would be You could have all of these kinds of laws on the books, we follow those. We really interested, Madam Speaker, if hearings. Well, they just bypassed all can depend—as an investor or a pur- we could get an answer back from the that law, just bypassed it and said, chaser or an employee, we can depend stimulus accountability czar on where We’re going to turn the law upside upon those laws which have been writ- is all that money. How much of it has down because we’re secret-meeting ten in the bankruptcy arena, for in- been spent and where? How much of czars who are not going to let people stance. And I agree wholeheartedly that went into infrastructure? How have their rights under the law. We’re with my colleague that the way this much of it actually converted into going to obliterate the law, which they has been handled, we have thrown the jobs? How much of that infrastructure did. rule of law in bankruptcy law right out is going to be usable and useful and And then they found a bankruptcy the window. stimulate the economy? I would like to judge who they believe would probably Mr. GOHMERT. Will the gentleman see the list. sign off on this plan because, let’s face yield? And I understand that the number of it, if you’re a bankruptcy judge—of Mr. CARTER. I yield to the gen- those dollars that have actually gone course, they come up for reappoint- tleman. into infrastructure is something like 3 ment every 14 years. I don’t know when Mr. GOHMERT. One further com- to 4 percent of the overall $787 billion this judge comes up again, but appar- ment about that. By getting a bank- that were appropriated in the stimulus ently he wants to be a judge for a while ruptcy judge to sign off on this, now plan, which was the same as the TARP longer. But anyway, they found a judge this unelected, unaccountable, non- funding. Hurry up and put the money who was interested in not having all transparent body has gotten under the out now because we’re in an economic the hearings the law requires to give guise of one lazy bankruptcy judge’s tailspin. We had a Chicken Little drill the dealerships a fair hearing, to give signature, they now have cover or color going on here in this Capitol a couple the secured creditors a fair hearing, to of the law. times in the last year, and that yielded give the unsecured creditors a fair Now, I thought when Justice Gins- $1.5 trillion from the taxpayers that hearing, to give all of those who had burg stayed the sale to Fiat that we my grandkids are going to have to pay. contractual relationships with those might finally get some rule of law, but And we still don’t know where the who were being addressed by this secre- it looks like so far the bankruptcy money went, and we still don’t know tive czar meeting behind closed doors— court on up to the Supreme Court has how it is that all of this money that’s there should have been hearings. There said, You know what? We’re scared of appropriated didn’t get implemented should have been transparency. That’s these people, so let’s just let these right away. what the voters voted for, and they unelected czar people, let them run And now we have this long-term debt didn’t get any of that. Just turned the things. And judiciary, we’re not going for America, this long-term debt that law upside down. to hold them accountable. once you take on that kind of debt, So I hope that my friends will be And if this body, this Congress does whatever your economic crisis is that pleased to hear that since we’re taking not hold them accountable, then we you’re in, taking on a lot of debt delays up the Commerce, Justice and Science have become a country run by czars be- it, delays the recovery. That is the

VerDate Nov 24 2008 03:48 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.095 H15JNPT1 erowe on PROD1PC64 with HOUSE H6796 CONGRESSIONAL RECORD — HOUSE June 15, 2009 equation that takes place. And I think votes until we can actually get it bal- ple for things that will not have an ef- we should be able to have real-time ac- anced. fect on our economy for years—3, 5, 7 counting. There should be a Web site I yield back and thank the gentleman years down the road. That’s not stim- there. Here’s your $700 billion in TARP from Texas. ulus. If they haven’t gotten the thing money, and here’s where it all went. Mr. CARTER. I thank my friend for done this year, we ought to say, de-au- Here’s a spreadsheet. Click on here and joining me. thorize it at that point in time. It we’ll give you a changing scene real- As we sum this up here, Mr. KING hasn’t worked; try something that time. mentioned something that I think is works. That’s where we ought to be. important. He mentioned we needed a That’s the way this Congress needs to b 2130 denationalization czar or an exit strat- start thinking because we are creating I think there ought to be a Web site, egy czar, or maybe both. In this world a power structure that is outside the also, for the stimulus accountability of proliferation of czars, maybe we normal power structure of the execu- czar so that he could have that Web need both. But the reality is, in seri- tive branch of the government. These site up. We wouldn’t have to be press- ousness, when the President of the are things for us to think about. ing for answers; America could just go United States came into office, he told Madam Speaker, I thank you for to the Web site. They would contact us, us there is a drop-dead deadline we’re your courtesy tonight. and let us know what they think about going to get out of Iraq. This is it. f how this money is being spent or not There is a drop-dead deadline we’re CLOSING GUANTANAMO being spent. going to close Guantanamo Bay, and But one thing we know is it has not this is it. So this time next year, we The SPEAKER pro tempore (Mrs. KIRKPATRICK of Arizona). Under the been—and doesn’t look like it’s going won’t even need the Guantanamo clo- Speaker’s announced policy of January to be—spent according to plan. And sure czar because it will be closed. And 6, 2009, the gentleman from Iowa (Mr. whether or not it’s spent according to very clearly, we are going to draw KING) is recognized for 60 minutes. plan, the results don’t look like what down our soldiers in the war in Iraq. they were designed to come out of ei- Mr. KING of Iowa. Madam Speaker, I The President has shown leadership. appreciate the honor to be recognized ther the TARP funding or the stimulus Whether you agree or disagree with and addressed here on the floor of the funding that came. And by the way, him is for other times. But he certainly House of Representatives. And I appre- I’m proud of all my colleagues for vot- has become one who says there should ciate the collaboration of my col- ing ‘‘no’’ on that plan. Remember, it be a drop-dead date, an exit strategy. I leagues from Texas, the two judges was one leg of a multi-legged stool that think it is important that this Con- from Texas, that addressed this subject we had to construct in order to get us gress, when we look at this massive in- matter of the czars in the last hour. out of this economic crisis; that’s what crease in the executive department and A lot has been said about the czars, the President told us that day. It looks we say to ourselves, They are not an- and now maybe I will just transition like a multi-legged stool has got to be swerable to us except through the ap- from that into another subject matter, a four-or-more-legged stool. If it was a propriations process, we can cut off the Madam Speaker. But the idea that we three-legged stool, you would say so. money, but other than that, they’re an- are going to see the end of the Gitmo I’ve never seen a two-legged stool and swerable to the President. closing czar, it’s pretty interesting to I’ve never talked to anybody that had We had nothing to say about who got me. We have an Attorney General that ever seen a two-legged stool. That hired. We had nothing to say about seemed to have gotten that assign- would defy logic, but so does this stim- what the duties were. This was a cre- ment. I remember the look in his eye ulus plan defy logic. So maybe it is a ation of the executive department, and as he was trying to figure out what to two-legged stool, but I think it’s more that would be the President of the do with that January 22, 2010, man- like a four or more, at the cost of United States and his staff. They owe dated closing date that was established about $2 trillion a leg, Madam Speaker. this Nation and some of these areas a by the President in his executive order. So what do we get back for that? And time to get out. I have also been down to Gitmo and these margins that were to come, we They say they don’t want us to run seen down there in the commons area weren’t going to see unemployment go the automobile industry. Well, we need where the Gitmo inmates—the detain- up over 8 percent and now it’s 9.4 per- to be planning on getting out of the ees, the enemy combatants, the terror- cent. And I didn’t see how the stock automobile industry. We can’t stay in ists, the worst of the worst—where market closed today, but the last I there. The country doesn’t want a gov- they get in their communal area just looked at it, it was down 204 points; ernment-made car. Just ask them; they off of where their little soccer field is, and I don’t imagine how it had a good don’t want one. So we can get rid of and it’s an area where they play day. The level of confidence there, it the car czar, the executive pay czar, a foosball and sit in the shade just off of seems it’s less volatile than it was, it’s lot of these other czars, if we would where their big screen TV is, where more stable than it was, but we have a just say, this is their mission, here’s they get their refreshments and their whole lot more debt than we had. When when we expect that mission to be ac- education in the English language and this all started, the Chinese were complished, as we did to our soldiers, the cultural education that takes happy to buy our debt. I was never and this is when we expect it to be ac- place. Just off of there, Madam Speak- happy to sell it to them, but they were complished, and by that date you ei- er—and not to set the scene too dis- happy to buy it. Today, they’re not ther accomplish it or you’re getting tinctly—there is a bulletin board just happy to buy it, and I’m not happy to out. put up, it’s a ply board. And on that sell it to them. You know, I personally think the ply board is the executive order, the We’ve got to find a way to tighten way we look at this massive $1.5 tril- President’s executive order dated Janu- this belt. We’ve got to tighten this belt lion worth of authorized spending, au- ary 22, 2009. It’s seven pages long, the down, and we’ve got to slow down this thorized by this House—mainly that English version of it, and that’s set on spending, and we’ve got to get back to side of the aisle—the way we look at this ply board. And then the Arabic balancing our budget. I believe that that right now is we should be saying version is about the same number of every one of us here on this floor voted stimulus means rapid infusion into the pages. And there is Plexiglas over the for a balanced budget this year. And in economy. Anything that hasn’t been top of it. So these inmates, these worst the face of all this economic crisis— rapidly infused this year we should of the worst—however many we have those of us on the Republican side of halt. So if they haven’t spent the $787 left down there—they can interrupt the aisle, many of us supported a bal- billion—or whatever that number is— their soccer game, or stop, or if they’re anced budget—it’s hard to put one to- like right now, at least some papers re- waiting their turn to play foosball, or gether in this tailspin that we’re in. We port only $25 billion of that money, or whatever it might be, they can go over did that. We voted for it. And that we’ll say $40 billion of that money has there and read or reread the executive sends the right message. And every been used so far. And if you study some order which says—it’s a promise to the year hereafter we’ve got to put a bal- of those projects, many of those worst of the worst, the Gitmo detain- anced budget out there and build the projects are for getting money to peo- ees, that they’re not going to be down

VerDate Nov 24 2008 03:48 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.096 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6797 there in Gitmo one day past January closed despite all logic. And it con- b 2145 22, 2010. That’s the pledge to them. vinced me of that when I saw the bul- It sounds even ridiculous when you When I looked at that, I had been in- letin board with the executive order on say it because it’s so far out of the volved in a lot of this discussion that it. The President is not going to re- realm. had to do with the Gitmo detainees and scind an executive order that they have We are talking about one of the the utter logic that says keep them posted in front of the Gitmo detainees, pieces that have to do with immigra- there, don’t close Guantanamo Bay. the enemy combatants, the former ter- tion, talking about renewing the reli- You couldn’t have a better—no nation rorists. That is the strongest message gious workers visa, and we’ll have has treated the people they picked up that I picked up while I was there. about 5,000 religious workers come into in warfare as well as we have treated I will be happy to yield to the gen- the United States each year. And they the Gitmo detainees. tleman from Texas. should be and generally are required So these individuals are down there, to, and often it doesn’t work out that and they live in air conditioning. And Mr. CARTER. I thank the gentleman way, be affiliated with existing reli- they say their cultural temperature is for yielding. gious observations. They might well between 75 and 80 degrees, so they, es- As you were talking about Guanta- come from countries like Saudi Arabia sentially, are the ones that set the namo Bay, it dawned on me that the or other countries in the Middle East, thermostat in their residences—which world talks about American treatment for example, those countries that they are cells, private cells. They don’t of political prisoners, they call them. aren’t very tolerant of our missionaries share a room. They have private cells We call them enemy combatants, going in there. So it occurred to me with a nice little arrow on the floor which I think, since we pick them up that if we really wanted to have reli- that shows them where Mecca is. And from the battlefield, we’ve got a pretty gious workers visas here in the United our operations down there stop five decent argument. We don’t hear any- States, we should turn around and re- times a day for 20 minutes each time— body talking about our enemies’ treat- quire reciprocity. Just simply say to that’s 100 minutes a day—while our ment of our combatants when captured them, Fine, send your imams here to guards stand respectfully and wait on the battlefield. There is a reason, I the United States, but the condition is while the five prayers a day go on. This think. First off, we do everything in we’re going to send you some Baptist 100 minutes isn’t interrupted by their our power to make sure that we don’t ministers and Catholic priests. opportunity to fill out the menu. They lose any of our soldiers, sailors, airmen I yield to the gentleman from Texas. do that at a different time. and marines to the enemy. We even re- Mr. CARTER. That’s a very inter- They get to choose from nine dif- move our dead. We leave no soldier on esting position, and I agree with you ferent items—five-times-a-day prayer, the battlefield; it’s the pride of our actually. That would be the kind of 100 minutes a day, nine different items military. But there is also an under- world we would create. That’s the fair- on the menu every day they can choose lying principle here because, if you will ness that Americans give to others. It’s from, check the box and decide which recall, less than, I think, 3 or 4 years not the world of those we fight against. ones of these Islamicly approved meals ago, they got their hands on some peo- The world we fight against is an auto- do they want to eat in the three ple and they dragged them behind cars cratic world in which it’s their way or squares a day that they get—all within and hung them from the bridge in the highway. the air conditioning that they live in if Baghdad. They got their hands on an- One more thing I want to point out. it’s not their desire to go outside in the other guy; and on television, with ev- I get kind of tired of hearing people say fresh Caribbean air and play a little erybody watching, they cut his head off we’ve got to close Gitmo because it is soccer and foosball and schmooze in front of anybody who wanted to the target for creating more terrorists. around a little bit. watch it. So let’s see. What do you think is going So there is a pledge on that bulletin to be the target if we take everybody board, and that pledge is the executive So let’s compare nine selected menu out of Gitmo and put them in Leaven- order with the Plexiglas over the top of items, temperature regulated to suit worth? Then next year the recruiting it. It is President Obama’s executive your lifestyle, and your religious mate- tool is going to be, guess what? Leav- order that is the commitment from the rial of choice treated with great re- enworth. So now we’re going to close President of the United States that spect—which is our way of dealing with Leavenworth, because it could cause Gitmo will be closed. prisoners versus decapitation, drag- people to go over to the terrorist side, Now, when I saw that, I came to the ging, setting on fire, and hanging from and send them to La Tuna down in El conclusion that no matter how much a bridge. Where is the outcry? Well, Paso. But wait a minute. In a year logic there is that supports sustaining there certainly can’t be any compari- that’s going to be the target. That’s Guantanamo Bay, no matter that it is son of treatment because we’re doing going go to be the evil Guantanamo. So the best place in the world for these our dangest not to see that happen eventually they’re going to end up in Gitmo detainees, no matter that it’s again. And I’m proud to say that our the Williamson County Jail. But wher- air conditioning and nine Islamic guys are doing a great job on that; ever you put them, until they are back meals to choose from in a day and out- they’re protecting Americans on the home on the enemy terrorists’ battle- side exercise and indoor climate con- battlefield. It’s because the enemy has field, they will recruit based on that trol and arrows for prayer and the fan- no qualms with what they’re going to holding facility. It’s a ridiculous argu- cier prayer rugs that I don’t know any- do. Do you really think the enemy ment to say you have to close Guanta- body that has rugs this fancy in their would be providing Bibles to the Chris- namo because it becomes a recruiting house, and a skull cap and a Koran—no tians that they captured? Do you really tool for terrorists, because if they were Bibles, by the way. Out of the 800 or so think, if they were from the border re- in Leavenworth, it would be the re- inmates they’ve had down there, one of gions of Texas, one of their choices on cruiting tool for terrorists. them requested a Bible, but it caused the menu would be Mexican food? Give Mr. KING of Iowa. Reclaiming my too much unrest among the rest of me a break. Anybody that’s got any time and thanking the gentleman from them so Bibles are not allowed. Neither logic at all knows exactly what would Texas, I would add to that that the rep- are American guards allowed to touch happen to American prisoners that resentation of Gitmo is something a Koran. It comes in a special little bag were captured, and that’s why we fight that’s created by the liberal news carried in and everybody gets this so hard to keep them safe. I yield back. media and the liberal mindset and the Koran. Mr. KING of Iowa. Reclaiming my MoveOn.org people. Name a criticism Well, of all of these things going on time and thanking the gentleman from of Gitmo, and chances are that criti- down there at Gitmo they have a prom- Texas, I think it’s an especially impor- cism is just simply untrue. One of ise, no matter how logical it is to keep tant point, and very illustrative, when those is that there were people it open, no matter how logical it is to you asked the question, Do you think waterboarded at Gitmo. Not true. It process these enemy combatants the enemy will provide Bibles to any of didn’t happen. It didn’t ever happen. through the procedures that this Con- our soldiers that they might one day But the public believes it did. So if gress has lawfully set up, Gitmo will be capture as prisoners of war? there’s a rumor out there, if there’s an

VerDate Nov 24 2008 04:22 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.098 H15JNPT1 erowe on PROD1PC64 with HOUSE H6798 CONGRESSIONAL RECORD — HOUSE June 15, 2009 urban legend that exists about some- dent to run around the world and tention there. In the Bahamas where thing, do we go eradicate it because apologize to every continent and do a those four guys are, they’ve got free- there’s a rumor? contrition tour of the world. That’s not dom of the island. In the Bahamas you I don’t understand what the criticism going to make people like us any bet- could get on a boat and go to the was of Gitmo in the first place. They ter. And, by the way, I’m not so inter- United States. We’ve got drug smug- had to go somewhere. It’s a very hu- ested in being liked; I’m interested in glers probably that smuggle that route. mane thing to do. No, waterboarding being respected. And that’s the thing But, seriously, this is ridiculous how didn’t take place at Guantanamo Bay, that will bring about the right kind of we are overreacting to this thing and but some really evil people reside down results from the enemies we have. doing things that I’m sure the rest of there. And they are not just innocent When they see us knuckle under and go the world has got to be saying, These people that randomly were picked up. wobbly because of a little criticism, guys are crazy in the United States, These are not goat herders down there. and we’ll close a place like Guanta- setting these guys up in a seaside re- These are evil terrorists who believe namo Bay, thinking that then their sort in Jamaica. Insanity rules. their path to salvation is in killing us. criticism is going to move along be- Mr. KING of Iowa. I thank the gen- And they have a command-and-control cause somebody said it’s their best re- tleman from Texas. structure even to the extent they could cruiting tool—who says, and why? And We were having a lot of discussions order a simultaneous attempt at sui- if that’s their recruiting tool, there are here about some things that were here- cide that took place a couple of years many things that they can gin up over tofore unimagined just a few months ago; four that tried, three succeeded. the Internet that would stimulate peo- ago or even just a few years ago. And Exactly a year to the day, there was ple to join their side. as we transitioned over into this dis- another attempt. One succeeded. Now What do they say? ‘‘Remember Guan- cussion about Guantanamo Bay, this we have them all on a suicide watch tanamo Bay’’? Is that like ‘‘Remember discussion will go on, but the bottom where no one down there that’s an in- the Alamo,’’ a recruiting tool for 140 line of it comes out to be this: Yes, mate goes more than 3 minutes with- years or whatever it is? It doesn’t hold there are a few of them that could po- out eyes on from at least one of our water, in my analysis, and I just be- tentially be facing a death sentence. A guards. lieve that this backpedaling from few. I don’t know how big that number One of the other things that’s hap- is, and I can’t get a definitive response. pened is you think about abusive treat- international criticism doesn’t get you anything except more international I guess I should pass my request over ment of prisoners. I see nothing but a to the Gitmo closing czar and ask him culture of—it bends over backwards. criticism in a different area, and that’s something that I think that the judge how many are facing a death sentence. There’s too much respect down there, But let’s just look at it in this fash- in my view, for these evildoers that are and I agree on. Mr. CARTER. I thank the gentleman ion: And that is that it looks like they there. But on the other side of this are going to close Guantanamo Bay. thing is that on an average of 20 times for yielding. Don’t be comparing it to ‘‘Remember the Alamo.’’ That’s pretty They’re going to disperse these people a day, these inmates attack our to places wherever they can get rid of guards. Half of the time they’re throw- sacred stuff from where I come from. But, seriously, today I was watching them. Some of them are likely to be re- ing feces in their face, and the other the news, and I saw these four detain- leased in the free world, some into the half of the time they’re physically as- ees who are now living in probably the United States of America. These are saulting our guards. And the worst most luxurious setting I believe I’ve the worst of the worst. We have about thing we can do to punish them is re- ever seen in, I believe it’s Bermuda. I a one-in-seven recidivism rate of those duce their outdoor exercise time down 558 that we’d released that were the to 2 hours a day. And this is an evil em- mean it’s a beautiful house overlooking nicest guys of the lot. The least dan- pire nation and we ought to close down the ocean with a swimming pool. It’s gerous is a more accurate way to de- Gitmo because MoveOn.org is critical like a three-part swimming pool, a scribe them. And even out of those 558, and liberal socialist Western Europe is swim area and I guess that’s the loung- we see a recidivism rate where they critical and the people on the other ing area or maybe a kiddie pool. I don’t have turned around and attacked side of the great divide of Western civ- know what it is. And these guys are Americans and free people one out of ilization are critical? sitting there. Like the guy said the Many of them have designs on work- other night about what was reported on seven that we know. And I don’t know ing against the United States, and I the money we were going to spend to what percentage it is that we don’t certainly don’t include Western Europe send to Palau, where they were talking know. But if one out of seven will come in that. But I did have a conversation about putting some people out on that back and attack Americans when you with the leadership of the Germans, island. He said at that rate of spending, pick the best of the worst, what will be and they said, Well, we think that you $200 million for 12, I think it was, that the attack rate on free people when ought to close Gitmo, and they have were going to go to Palau, if that’s the you release the worst of the worst? It been pushing hard for that, and that we rate of spending, why don’t we just buy will be greater than one out of seven. should disperse these, at the time 241, the Waldorf Astoria and put them all And this number is 241. So divide your detainees around to other countries in in there because it would come out seven in there and multiply it by what- the world. But the Germans aren’t cheaper? And, you know, it would. ever that factor is, a two or a three or going to take any of them as long as I think that the world is going to so, and you’ll come up with a number. they might pose a threat to Germany. look and say, Look at how the adminis- I think we’re going to see 50 or more of And how do they measure this? Well, if tration is reacting to this criticism of them that will turn around and attack we’re not going to bring them to the Guantanamo. They’re pulling them out Americans or other free people. United States, then they must be dan- of a state-of-the-art prison which has The bottom line of the executive gerous for us to bring here; so why state-of-the-art rules and state-of-the- order is that most or all will eventu- would they take them there? In other art treatment and they’re moving ally be released and they will attack words, they put a condition on us that them to the tune of $200 million to an free people and innocent people will says they won’t be accepting any; island out in the middle of nowhere? die. And among those innocent people they’ll just be pressing us to close By the way, none of these guys are on are likely to be Americans, and that Guantanamo Bay. the no-fly list. Because I remember we will then be the news story that will My answer to that is if you won’t voted on that less than 2 weeks ago to come back. And then we will replay take any of these inmates, then it put them on the no-fly list, and the this and unravel it all the way back- looks to me like you don’t have any- majority killed it in a big, big way. wards again, and it will be, well, only thing to say about Guantanamo Bay. Now, we pay $200 million to Palau. one or two or three mistakes that only Your opinion, I believe is invalid, along They go out there and hang around a cost 20 or 30 or 40 lives, so that we with most of the other criticism that while until they kind of get their feet could avoid this criticism and shut flows out on the behavior. on the ground, and then they’re on a down an operation that has actually A nation has got to be able to stand great white jet headed anyplace they been built up to accommodate the peo- some criticism. We didn’t elect a Presi- want to go. And they’re not under de- ple that are there now, including the

VerDate Nov 24 2008 03:48 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.099 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6799 Uyghurs, who are now wasting away in everything on that’s an anomaly. And about more clouds in our atmosphere. ‘‘MargaUyghurville’’ from what I un- you aren’t going to have to be around Now, I can’t quite explain why that is, derstand. I can’t even say it because I when science actually evaluates the but they believe that is. So if it is more get Jimmy Buffett and Warren Buffett predictions that you make because clouds in the atmosphere, that is one mixed up, I think. none of us are going to live beyond 100 assumption. Mr. CARTER. That’s good. I like years. So if it doesn’t get to be a 4-de- The second assumption is more that. gree centigrade increase in the Earth’s clouds make the Earth warmer. Now, Mr. KING of Iowa. If this subject temperature 100 years from now, no- that seems like an odd assumption to matter has been utilized, I think, ade- body is going to point at Dr. Jim Han- me, and they have been telling me this quately, I want to take some of this son and say, You’re wrong, Doc, or to for years, and it never made sense to discussion over, Madam Speaker, and Al Gore and say, You’re wrong, because me. talk a little bit about where we are they will be at the same place I will be Dr. Spencer explains it the other with cap-and-trade and cap-and-tax. at that point. way. He says, no, his data shows that It looks like this administration and more clouds bring about a cooler b 2200 the majority in this Congress are de- Earth, and they have 25 years of sat- termined to push through a Waxman- And so it is a handy little excuse to ellite data that shows that. And that is Markey bill or some version of it, prob- just shift it off on to climate change what makes sense to me. If a cloud ably the version that came out of com- and then ask for this great growth in blocks out the sun, the Earth is not mittee here a few weeks ago. And I government. going to be as warm, and if the cloud have taken this position, and I hold it, Now, we had a meteorologist speak goes away and the sun shines on the and that is that they are wrong on the to the Conservative Opportunity Soci- Earth, it absorbs the radiation from science, and they’re wrong on the eco- ety a week ago last Wednesday morn- the sun and the Earth gets warmer. nomics. ing, Dr. Roy Spencer. He is a NASA sci- That is the simple part of this. I want to address the science in a entist. He is the one that is managing So if their assumptions are CO2 gas fairly short degree here, and it turns the satellite collection data that col- primarily in the atmosphere increases out to be this: Remember our history. lects the Earth’s temperatures from clouds and more clouds warm the This issue was brought before this Con- satellites. He has 25 years of data. And Earth, then you get one result, the gress, I think the year was 1988, al- as he talked about this, and this was a Earth gets 4 degrees centigrade warmer though I haven’t referenced that. fairly quick once-through so it wasn’t in 100 years, or some variation of that. That’s strictly from memory. It was a like a semester course, but as he talked If you turn around and use the data hearing on climate change. No, excuse about this data, he explained to us that and you back-feed Dr. Spencer’s data me. It was a hearing on global warm- the climate change models that they into the model, then it turns this argu- ing. And the lead witness on that was are using to predict global warming, ment around on its head. But even then Dr. James Hanson. By coincidence, he they have to have assumptions. Dr. Spencer is very conservative and and I went to the same high school to- I asked the question, why is it that careful. He thinks maybe that data gether. He was there ahead of me, and physicists tend to buy into the global shows not a 4-degree centigrade in- I don’t recall him. But I understand warming argument more so than mete- crease, but more about half-a-degree that the testimony was midsummer. orologists do? He said, well, it is log- centigrade increase, and the argument The room was not air conditioned. The ical, because meteorologists under- can be made that the Earth will get humidity about matched the tempera- stand the ambiguities. They are trying cooler. Plus the data we have shows ture. And as the Members of the Con- to predict the weather for tomorrow. that the world has gotten actually gress sat there and sweated, they were The climate czar, he can’t predict the marginally cooler or else the tempera- being told that this world was going to weather for tomorrow, but they are ture has been flat since 2002. get warm and all kinds of calamities predicting the temperature 100 years Dr. Spencer argues or informs us that were going to take place. Well, 1988, from now. another 10 years this kind of data and that was only just a few years after we So, I posed the question, I have a son it is going to be really hard for the had all the interest in the ice age. that is going to have an outdoor wed- alarmists to be able to make the argu- There was a coming ice age that was ding in August and I would like to ment that we are faced with this global published in some of the major na- know what the weather is that day. Of warming that is only revokable if we tional publications, and it was inevi- course, the climate czar is not going to follow their model. table that the Earth was going to cool tell me. We can find out in a couple of So I look at that science and I under- and we’d have to get ready for the gla- months whether he is right or wrong. stand Dr. Spencer’s presentation. I do ciers to creep down from the north and One hundred years from now he will not understand Dr. Hansen’s or Al push us off our cornfields, and Iowans make a prediction, but he won’t tell Gore’s presentation. It does not make were going to have to migrate to South you what it is going to be like next sense to me with the science I have in Texas in order to avoid this. And that week. But the presumptions that are my background. was 1970 and some of those years. And there, meteorologists understand the So I simply asked the question, it’s a fact that at least one and prob- vagaries of predicting the weather even Madam Speaker, the foundational ably more than one of those scientists tomorrow, let alone 100 years from question: What are we trying to do that were certain that we were going now. here and with what? That would be the to undergo this ice age are now on the Physicists have studied the exact logical thing to ask. side of the argument that the Earth is sciences, so when they put together a So the first thing is, how big is our going to get warmer, and it’s going to climate change model, a computer cal- atmosphere? Well, our atmosphere hap- get warmer fast—perhaps as much as 4 culation that brings in a lot of factors, pens to be, and they measure this in degrees centigrade over 100 years—and there always has to be assumptions. metric tons, it is 5.150 quadrillion met- that anything that’s a weather anom- The assumptions are plugged in by the ric tons of atmosphere. That is the aly is going to be the result of global meteorologists, and the numbers are force of all the air on the planet push- warming. calculated by the physicists and the ing down on gravity. So that is just a If you remember, a couple of years other exact science people. They have lot. That is a lot of air in our atmos- ago we had quite a few hurricanes, the great confidence in their numbers. phere. result of global warming. A year ago They understand the interrelationships Then, so what is the cumulative total hurricanes were way off, a result of of the factors that they put on their of all of the CO2 that has gone into the global warming. Everything is a result calculations, but it is still based on as- atmosphere emitted by the United of climate change, whether it’s more sumptions. States of America since the dawn of rain or less rain or whether it’s warmer And the assumptions fall down to the industrial revolution? About 45 per- temperatures or cooler temperatures. this. They assume that greenhouse gas- cent of it goes into sinks, which means So I guess if you have a nice utility ses emitted by industry in the world, a it disappears and they don’t know to blame it on, climate change blames lot of it from the United States, bring where it went; 55 percent hangs out in

VerDate Nov 24 2008 03:48 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.100 H15JNPT1 erowe on PROD1PC64 with HOUSE H6800 CONGRESSIONAL RECORD — HOUSE June 15, 2009 the air and is accumulated. And that laria and yellow that were insect- problem—I can recall they had the number sounds big, but not compared bearing diseases. We invented DDT, problem in 1956. The Germans were im- to our overall atmosphere. and we used DDT to hold down those porting Turks into Germany because So let’s put this in a perspective. It bug populations, and by that we were they didn’t have enough population. works like this. If you draw a circle able to build the Panama Canal. Now, when you buy into a program, that represented the size the atmos- As a child growing up in Houston, as you point out, down the road, if phere of the Earth and have that be an Texas, without air conditioning, the they’re not telling you the truth, it has 8-foot circle, so roughly the size of the DDT truck went by every Friday night major consequences. And when you wall in your house, two 4-by-8 sheets of and sprayed the whole neighborhood. made that 10-year comment, at the drywall, and draw a circle around that And yet a lady wrote a book called Si- present rate this Congress is going, 10 big in diameter, that would represent lent Spring. She said that all the re- years from now, we may find ourselves all the Earth’s atmosphere. search shows—I hate it when people sitting around trying to watch tele- Then draw a circle in the middle of say ‘‘all the research shows’’—all the vision by candle light, okay? Because that to demonstrate the volume of the research shows if we continue to use we’re using batteries for our television CO2 that has accumulated in the DDT, we will have no insect life on sets. Because, quite frankly, we are in Earth’s atmosphere since the dawn of Earth and the birds will die and we will the process of trying to tax our energy the Industrial Revolution emitted by have a silent spring. When spring industry out of business, every form or the United States. Your 8-foot circle is comes, the birds won’t be singing, the fashion that has any kind of carbon the atmosphere. In the center of that crickets won’t be cricketing, and they connected. So 10 years from now we you would draw a circle that is .56 inch will go away. could have, we could be a Third World in diameter, just a little over half an And being loyal, progressive believ- country and wonder why. inch in diameter, the end of my little ers, we launched a campaign to get rid That’s why this science is so very im- finger. That is all the bigger the circle of DDT, and we got rid of it. It has been portant. That’s why knee jerk reac- would be that would be the cumulative gone. But we now have one of the—we tion, overreacting to things, which the total of all the CO2 the U.S. has emit- actually give millions, maybe even bil- government is famous for, I don’t care ted that is in the atmosphere today. lions now, of dollars from this Congress if it’s knee jerk conservatives or knee And we are talking with Waxman- to fight malaria. Something that was jerk liberals, any time you get in a Markey about, well, that is 205 years of almost eradicated when I was a kid is hurry, bad things happen. And if you accumulation. So we want to take 1/ now a major worldwide problem be- study the history of legislation in this 205th of that and reduce that down by cause we did away with DDT. And, country, it is absolutely true, and no- 20 percent a year for a little while, and guess what? Now the research, the real, body will dispute it. You can look at then by 40, then by 60, then by 83 per- present-day, 21st century research, slavery, you can look at the labor laws, cent. With that tiny little bit in that 8 says everything they said about DDT is you can look at the environmental foot circle, we are going to set the just not true. laws, you can look at anything and see Earth’s thermostat and control the where knee jerk reaction and quick— b 2210 Earth’s temperature? that’s why we have a Senate to slow What utter vanity to think in that It was made up. And now, we’re even things down because our Founding Fa- tiny little bit, and we can adjust that finding out the lady knew she made it thers knew that knee jerk reaction cre- tiny little half inch bit in an 8-foot cir- up. But she just didn’t like DDT. ated bad legislation. Well, we’re about cle only by a little bit, and we are Now, you talked about global cool- to knee jerk ourselves into the poor going to change the whole temperature ing. I can remember global cooling. I house if we’re not careful. of all the atmosphere in the Earth, in can remember people talking about I yield back. spite of looking at these climate why it was going to cool down. We were Mr. KING of Iowa. I thank the gen- changes that we have always had over going to all be in the ice age. We were tleman from Texas. Watching this cli- time. We have ice ages and warming going to blame the Russians. It was mate change argument unfold, and I periods and sunspots and more solar going to be the Russians fault, okay? think about this country that we are, activity on the sun, and sometimes you All this stuff. And we had to build big the most successful Nation in the his- will see the Earth cool because a vol- industries around global cooling. tory of the world, strongest economic cano will erupt and cloud the Earth. You know, we told our people, you in the world, by far, strongest mili- Why would we think that more better quit propagating, because you’re tarily. Our culture penetrates the rest clouds in the atmosphere would warm going to run out of space on this Earth. of the world. We’re kind of American- the Earth when more clouds in the at- By the 21st century it will be standing centric because we are self-sustaining mosphere from a volcano cools the room only on the Earth, unless you for a lot of those reasons, militarily, Earth? limit the number of children you have. economically, food, for example, and Each of these questions are logical And being good, college-educated pro- also culturally; and so we don’t as questions for third, fourth, fifth, sixth, gressives, we launched out to reduce often look at the United States from seventh and eighth graders to ask, and the amount of children we had. And we outside. even at that level we are not getting did it with birth control. And later we But I wonder what it must look like answers from the people that advocate did it with that horrid invention, abor- for, let’s just say, Socrates, looking this. tion. But we limited our birth control, out across this country today. 3,000 It is as ‘‘if’’ they had to create a con- and our Western European friends lim- years ago they sat around and in places voluted science and back-figure it back ited their birth control. We still re- like Athens, Socrates, Plato, Aristotle, to be able to justify their idea that place ourselves. Well, I think 2.1 chil- and they carried on these conversa- they want to do this cap-and-tax dren to the family. But I believe the tions and they shaped the Age of Rea- model, and the cap-and-tax model is a Europeans now, some of the countries son, the Age of Reason, which was the large taxation scheme that for every $5 over there are like 1.2. And I think foundation for science and technology, collected puts $1 in the Treasury and some of the best countries over there the theorem, the hypotheses, and they wastes the other 4. are 1.8, so they’re not even replacing built it into their culture to be proud I yield to the gentleman from Texas. their families with the number of chil- of being able to rationalize, both de- Mr. CARTER. I thank the gentleman dren that they’re having. ductive reasoning and inductive rea- for his description of just exactly what And then we wonder why 12 million soning. And that rationale, and even is going on. Just as you were saying, it people cross the Texas and Canadian though they didn’t get their elements came to mind some of the things that border to come into the United States right, what did they have? Earth, wind just in my lifetime I can remember. to fill jobs, because we don’t have and fire and maybe some other ele- If you study history, you learn when enough people to fill these jobs. And we ments like that they used to argue we put in the Panama Canal we had a wonder why that is. with. They didn’t have the tables to be horrible, horrible situation when we And, hey, Europeans have got the able to put the atoms together and fig- built the Panama Canal because of ma- same problem and they’ve had that ure out the molecule, but they had a

VerDate Nov 24 2008 05:05 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.101 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6801 good rationale. The Age of Reason in communications, the infrastructure the Left today in this energy plan. Greece is the foundation of Western that’s there. They are modern, they’re Those of us who produce energy from Civilization, and they took great pride crisp, they’re sharp, they work, they coal, for example, are punished States. in being able to think rationally. function. And yet in that 60 or so Those States that do not are those that And if they would transpose them- years, each of those countries have im- are recipients. If they put this on cap- selves, fast forward through history, ported almost 100 percent of their en- and-trade, cap-and-tax, you will see a 3,000 years, race through the Age of En- ergy and 60 percent of their food, and massive corruption bill within the lightenment in Western Europe and they still build modern technological United States as they trade the carbon primarily in France, and the dawn of societies. credits. the Industrial Revolution here, and And we are here in the United States To give you an example of what goes how technology has flourished, and of America, with a surplus of food, and on, when Speaker PELOSI received the we’ve gone from an industrial economy the energy that we need, if we just gavel here in 2007, she decided that the to an information economy, and see all manage it; and we can’t discipline our- Capitol complex, which we stand in the the things that we’ve developed from a selves to utilize our own resources. middle of right now, should be a green- technological standpoint, but yet, if And we have a Speaker of the House house gas-emitting neutral facility, so they could look inside this Chamber who’s trying to ‘‘save the planet.’’ And she ordered that the power plant that and see where decisions are made in a please put that in quotes. Shut down feeds this Capitol complex, which is civilized country today, and see how energy production in America. fired by coal and natural gas and oil, be they’re made, I think they’d be aston- There are only about two or three converted from coal to natural gas. It ished that we have suspended the rea- kinds of energy that they would accept doubled the cost of our power to come son that they so carefully developed more of. One is wind, the other was into this Capitol, but we still found out 3,000 years ago. solar, and the next one may be geo- that her carbon footprint—I say hers, I And now, we legislate by anecdote. thermal if you didn’t have to use a drill wasn’t calculating it as mine—of this We legislate by somebody’s emotions, rig to get it. Capitol complex was still too great. So rather than legislate by empirical data. And by the way, wind is okay as long Speaker PELOSI went on the board in And Judge CARTER’s mentioned a few as you don’t have to see it off of Nan- Chicago, and she bought some carbon of those. Pulled DDT off the market- tucket. TEDDY KENNEDY’s offended by credits: $89,000 of our taxpayer dollars place, and then watch what’s happened looking at wind mills. And so we can paid by carbon credits that were going with millions that died because of the only put them in places where some of to offset the carbon emissions here in malaria that came back during that pe- the liberals aren’t going to have to this Capitol complex. That’s designed riod of time. look at them. By the way, I can see 39 to cause somebody to do something My mother read ‘‘Silent Spring’’ by of them from my yard. And so that’s more to sequester this carbon that is Rachel Carson, and our lawn thereafter all right. going into the atmosphere from the had to be full of dandelions, thistles, But we need all of the above, and natural gas that’s feeding the power in plant and leaf clover and African vio- there is no way to meet this model on the Capitol. lets, but not much blue grass because energy demand for this country, espe- So I thought I’d chase that $89,000 we couldn’t spray that anymore be- cially with electricity, under WAXMAN- down and figure out where it went. cause it was going to kill the birds. MARKEY’s bill. This has already, the in- Well, some of that money went to no- Mom knew, though, the names of all of timidation effect and the existing regu- till farmers in North Dakota, to Farm- birds and what their songs were, and lations, have shut down any new coal- ers Union farmers, I believe, to people we had a lot of birds around. We’d have fired generation plants in America. who had been no-till farmers for some had them anyway without the weeds. time, I believe, to people whose behav- b 2220 And the alar scare comes to mind as ior didn’t change. So I don’t think they well, Madam Speaker, the apple issue Now, we do have a nuclear generating went out and sequestered any more that took a lot of apple producers out plant that’s under construction down carbon. I think they just kept doing of business because there was the alle- in South Carolina. This plant is sched- what they were doing, and they got a gation that the spray they used on uled to come online in the year 2017. If reward from the Speaker’s checkbook— them that kept the apples looking good my recollection is right, they’ve been from our checkbook—for what they and staying fresh was somehow dan- working on it for 2 or more years by were doing. gerous. I think a carcinogen. now, and in 2017, it will come on line. By the way, when you no-till, you These are scientific Malthusians. This is a beta model. This is the model can sequester some carbon, but if you They are just simply always another of nuclear generating plants. The engi- turn around and till, that carbon is re- calamity around the corner. They neering is not a problem. It’s how do leased into the atmosphere anyway, threaten, they scare people off the safe- you jump through all of the regulatory and the net gain is almost zero. So, as ty of our food. They tell us that the hoops to get there? If they can get that long as you keep up the practice of no- planet can only sustain about so many done, then presumably it will be the till and it’s a plus, then that’s your people. And these are the people that cookie cutter so we can build more, yet measure for good atmosphere. have determined that they’re going to not under the Obama administration. It didn’t all go to the no-till farmers shut down, as Judge CARTER said, our The Obama administration goes over in North Dakota. Some of it went to a energy production in this country. And and says to Ahmadinejad—I haven’t coal-fired generating plant in Chil- we spent last August pounding away heard him say ‘‘congratulations’’ yet licothe, Iowa. So I went there, and every day here on the floor of the for his election victory, but maybe took a look at this coal-fired gener- House of Representatives, calling for that came out today. They’re rel- ating plant. What I saw was a good, an energy plan that opened up all of atively silent on those results. It was, well-run plant. Emissions were, I the above, all of the energy that we Well, we can’t tell a sovereign nation think, pretty good and were fairly have. We’re an energy-rich Nation, not that they can’t develop nuclear power. modern, but they had received a gov- an energy-poor Nation. We just do a The United States can’t do that. He es- ernment grant to set up an operation poor job of managing the energy that sentially said to Iranians, You have the to be able to burn switchgrass and we have. right to develop a nuclear capability blend the switchgrass in with the coal And to give an example about how even if you do announce to the world at, I think it was, a 10 percent rate to easy it should be to take this Nation to that you want to use it to annihilate be able to supplement the coal they the next level of our economic deter- Israel. were burning because switchgrass is minism, if we just look over to coun- So, according to President Obama, carbon neutral. It sequesters it each tries like Japan and Korea, in the last Iran has a right to nuclear, but Ameri- year, and you burn it each year. Of 60 years or a little more, both of those cans don’t. We can’t build a nuclear course, coal is not. nations, or at least their major cities, power plant here to make up for the Well, I went in there, and they had were destroyed in war. They’ve rebuilt gap that’s created by the regulatory two big sheds. They still had a lot of their cities, transportation, tele- constrictions that are coming out of big, round bales—about 1,500-pound

VerDate Nov 24 2008 05:05 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.103 H15JNPT1 erowe on PROD1PC64 with HOUSE H6802 CONGRESSIONAL RECORD — HOUSE June 15, 2009 bales of switchgrass. They were The largest industries in Spain have to any business or to a sector of the stacked in those sheds. There was a big left, and the ones that are left are business world—that you would see hammer mill and a conveyor and a looking at leaving. The electrical bills profits go up. They would go down. blower system to inject that all in and for the residents have gone up 20 per- b 2230 blend it with the coal. The place wasn’t cent, and the electrical bills for indus- running, and it hadn’t run in a while. I try have gone up 100 percent in 3 years. And this Waxman-Markey legislation could tell by looking at the hay that it They hit the threshold where they increases the cost to, especially, our was old. couldn’t demand any more for the elec- energy users. Those who are the most I asked: So how long has it been since tricity they were generating. They had energy intensive, the highest energy- you’ve burned any of the switchgrass raised the cost of the electricity that using industries in America will get here? much. So they went out on the market the highest increases in their costs. Well, about 2 years. We ran our ex- to bond that, and they pledged the full So let’s just say that you’re in the periment. Then we shut the experiment faith and credit of their grand- business of converting iron ore to iron down. children—the Spanish Government: and steel. Let’s just say that you are in So, first, they didn’t have data for We’ll pay the bills later, but we can’t the business of converting natural gas me for what they might have learned. pay our electric bills today because the to plastics or any other high energy-in- The experiment hasn’t yet yielded a re- price is too high. This is an example. tensive operation, or let’s just say sult that we can utilize unless, maybe, President Obama has said we should you’re a farmer and you use a lot of they know and they haven’t told us. learn from the Spanish. I agree. We diesel fuel and you’re looking at 88 The second thing is that this money should learn from the Spanish, but the cents a gallon added on to it by Wax- that went to them for sequestering the lesson that I get from them is that it’s man-Markey. All of these industries carbon to give an incentive to burn a huge boondoggle that’s full of corrup- will see their costs go up. If you’re gen- switchgrass didn’t change anybody’s tion. erating electricity from burning coal, behavior. They weren’t going to burn I asked them: Why don’t you repeal natural gas, fuel oil, for example, any more or any less switchgrass be- it? Their answer was: We can’t because you’ll see the cost of that electricity cause they got a check from the Speak- so many people who are so influential go up. er of the House. In fact, they had shut and powerful are making a profit from An MIT professor did a study and cal- down their switchgrass burning 2 years it and are tied up in it. We would have culated the overall dollars increased by earlier, and this was just a check that to demand that our politicians would Waxman-Markey, or a policy very close went into the treasury of the people confess that they’d made a huge mis- to that, and we simply divided the who had burned some switchgrass, but take 8 or 9 or 10 years ago. number of households into it, and the we didn’t learn anything from it yet. Well, a lot of them are still there, bottom line came out to be this: In- Now, if that’s the thing that’s going and they can’t make that confession creased annual average household costs to go on with cap-and-tax, cap-and- because they’ll lose their jobs. for energy, $3,128 a year from Waxman- trade and Waxman-Markey, if the So, once you get started into this, if Markey’s cap-and-tax bill. And as I Speaker of the House can’t get the we pass the cap-and-tax by Waxman- said briefly earlier, for every $5 col- transaction to work when you go out Markey—I’ll tell you, at this point, the lected by this cap-and-tax bill, only $1 and buy carbon credits, how in the decisions made by this administration gets into the Treasury of the Federal world are we going to do hundreds of in this term, I believe, are reversible Government. And the balance of that is billions of dollars of carbon credits on and are revokable by a Congress and a consumed in the inefficiencies that are a massive scale and have any kind of President who have cooler heads and a created. accountability to see whether it actu- saner approach to economics. Yet, if we This is the most insidious, com- ally brings about anything that might pass the Waxman-Markey cap-and-tax, plicated tax. It’s a tax on everything sequester more carbon and cause some- that becomes an almost irreversible we do because energy is required in ev- body to act in a more favorable way? policy because then you’ll have so erything that we do. It will tax every I think it is a bureaucratic impos- many people who will be profiting and gallon of gas, every gallon of diesel sibility, but we can learn from the who will be benefiting from the trading fuel, every kilowatt of electricity. It Spaniards. The Spaniards did this ex- of these things that don’t have any will tax every cup of coffee, every pair periment. The Sicilian Mafia came in value in a real economy. There are so of shoes, every piece of paper, every to manage it because they were the many political dollars that get infused flower on Mother’s Day, and every 2 by best at it. They were the ones who were into this process that you simply can’t 4 that goes into your house. brokering the permits to put up the repeal it. That’s my concern. That’s And it transfers, Madam Speaker, wind chargers, and they were deciding my fear. I believe that Waxman-Mar- America’s industry, America’s energy- who were going to be the contractors key is an irreversible policy. intensive industry off to other coun- and subcontractors who built them. So I’m here, speaking against it for tries in the world like India and China They decided who would be the sup- two big reasons: One is they’re wrong who have pledged not to participate in pliers of the materials that went into on the science. I’m happy to debate a cap-and-tax plan because they say the wind chargers. So they got all them. The other reason is they’re real- that this is their century to become in- wrapped up with the Sicilian Mafia. ly, really wrong on the economics. dustrialized nations. The last century By the way, with the political favors When you have the Secretary of Agri- or two were our centuries to be indus- that were being handed out, the per- culture who testifies before the Ag trialized. They say this is theirs. mits would be controlled by politicians Committee that somehow he believes They’re building, between India and in the end. Politicians were influenced that increasing the costs to agriculture China, one new coal-fired generating by political contributions that came will result in more profits for agri- plant a week belching smoke into the from the profits that were being ex- culture because the innovative nature atmosphere. And these coal-fired gen- tracted out of the construction and out of American agriculture will overcome erating plants do not meet the emis- of the operations of these wind char- the handicaps that government is put- sion standards of American coal-fired gers by the Sicilian Mafia, and it made ting on them, that is an irrational de- generated plants. So for each time that a huge mess out of it all. gree of optimism to be stated by a Sec- we push industry out of the United I mentioned in the previous hour retary of Agriculture who finds himself States, we’re pushing up coal-fired gen- that, for every green job they created, at odds with Democrats and Repub- erating plants in India and in China. it cost 2.2 private-sector jobs because it licans on the Ag Committee in that And if you’re concerned about the at- sucked that much capital out of the hearing and in disagreement with it. mosphere, this is creating a negative economy, out of the private-sector There is no economic model that I effect on our atmosphere as well. economy. The cost per green job was know of throughout the history of the But I’m concerned about the penalty $770,000. The unemployment rate in free market system that would dictate to America’s industry, to America’s Spain is the highest in the industri- or that would show a result where, if businesses adding costs to everyone alized world—17.5 percent unemployed. you increased the cost to a business— burdening each one of these households

VerDate Nov 24 2008 05:05 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.105 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6803 and thinking somehow we can over- Ms. WATERS (at the request of Mr. Tolerance [EPA-HQ-OPP-2007-0395; FRL-8412- come that burden on our economy and HOYER) for today on account of per- 1] received June 5, 2009, pursuant to 5 U.S.C. prosper. It is wrong thinking; it is sonal reasons. 801(a)(1)(A); to the Committee on Agri- culture. wrong-headed. They’re wrong on the Mr. YOUNG of Florida (at the request 2143. A letter from the Director, Regu- science, Madam Speaker, and they’re of Mr. BOEHNER) for today and June 16 latory Management Division, Environmental really, really wrong on the economics. on account of illness in the family. Protection Agency, transmitting the Agen- And so as this debate unfolds here on Mr. BONNER (at the request of Mr. cy’s final rule — Approval and Promulgation the floor of the House and throughout BOEHNER) for today on account of at- of Air Quality Implementation Plans; Indi- the committees and subcommittees tending events with Alabama’s Gov- ana [EPA-R05-OAR-2006-0004; FRL-8900-5] re- and through the media and through the ernor and other elected leaders to re- ceived June 5, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and living rooms of Americans, the Amer- cruit significant economic develop- ican people need to understand and re- Commerce. ment projects for the First District and 2144. A letter from the Director, Regu- member that if they can’t make the Alabama. latory Management Division, Environmental case on the science, there is no sense of Protection Agency, transmitting the Agen- f talking about the economics, because cy’s final rule — Approval and Promulgation it falls on its face not having the SPECIAL ORDERS GRANTED of State Plans for Designated Facilities and science to underpin the argument. Pollutants; City Of Memphis, Tennessee; Even if they could make the case on By unanimous consent, permission to Control of Emissions from Existing Hospital/ the science—and they haven’t and address the House, following the legis- Medical/Infections Waste Incinerators [EPA- can’t. And 31,000 scientists have signed lative program and any special orders R04-OAR-2008-0159(b); FRL-8912-9] received a petition saying they can’t support heretofore entered, was granted to: June 5, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); (The following Members (at the re- to the Committee on Energy and Commerce. the conclusions of these climate 2145. A letter from the Director, Regu- quest of Mr. ALTMIRE) to revise and ex- change models, and we’re getting more latory Management Division, Environmental and more that will step forward and tend their remarks and include extra- Protection Agency, transmitting the Agen- say, I can’t take you there, I can’t be neous material:) cy’s final rule — Approval and Promulgation with you. And these are topnotch ex- Mr. SPRATT, for 5 minutes, today. of State Plans for Designated Facilities and perts: meteorologists, physicists, peo- Mr. ALTMIRE, for 5 minutes, today. Pollutants; Davidson, Knox, and Memphis- ple that really understand these issues Ms. WOOLSEY, for 5 minutes, today. Shelby Counties, Tennessee [EPA-RO4-OAR- in a scientific way. More of them are Ms. KAPTUR, for 5 minutes, today. 2008-0161; FRL-8912-3] received June 5, 2009, (The following Members (at the re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- peeling off and walking away from this mittee on Energy and Commerce. and saying Al Gore is wrong. quest of Mr. BURTON of Indiana) to re- 2146. A letter from the Director, Regu- But even if they were right, even if vise and extend their remarks and in- latory Management Division, Environmental one stipulated that—and I don’t for a clude extraneous material:) Protection Agency, transmitting the Agen- minute—but if one stipulated that the Mr. INGLIS, for 5 minutes, today. cy’s final rule — Approval and Promulgation global warming models were right, the Mr. OLSON, for 5 minutes, June 18. of State Plans for Designated Facilities and Pollutants; State of Tennessee and Common- economic calamity that comes from Mr. AKIN, for 5 minutes, today and wealth of Kentucky [EPA-R04-OAR-2008-0160; adding to the cost of all of America’s June 18. business is intolerable. And the burden FRL-8912-4] received June 5, 2009, pursuant to f 5 U.S.C. 801(a)(1)(A); to the Committee on that it shifts onto future generations Energy and Commerce. and what it does to our economy, our ENROLLED BILL SIGNED 2147. A letter from the Director, Regu- culture, and our civilization are intol- Lorraine C. Miller, Clerk of the latory Management Division, Environmental erable, Madam Speaker. And so let Protection Agency, transmitting the Agen- House, reported and found truly en- them make the case. cy’s final rule — Approval and Promulgation Once as Muhammad Ali said after he rolled a bill of the House of the fol- of State Plans for Designated Facilities and fought Joe Frazier to a tie in 15 rounds lowing title, which was thereupon Pollutants; Jefferson County, Kentucky; and was this: Well, you tied. How come signed by the Speaker: Forsyth County, North Carolina; and Knox you’re still the world champ? Ali said, H.R. 1256. An act to protect the public and Davidson Counties, Tennessee [EPA-R04- OAR-2008-0158; FRL-8912-5] received June 5, You got to whoop the champ. health by providing the Food and Drug Ad- ministration with certain authority to regu- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Well, the champ is free enterprise. Committee on Energy and Commerce. The champ is sound science. The late tobacco products, to amend title 5, United States Code, to make certain modi- 2148. A letter from the Director, Regu- champ is empirical data. The champ is fications in the Thrift Savings Plan, the latory Management Division, Environmental the history of the United States suc- Civil Service Retirement System, and the Protection Agency, transmitting the Agen- ceeding by believing we can achieve Federal Employees’ Retirement System, and cy’s final rule — Approval and Promulgation and by making logical conclusions with for other purposes. of Implementation Plans Georgia: State Im- the science we have and the economics plementation Plan Revision [EPA-R04-OAR- f 2008-0831-200825(a); FRL-8915-7] received June we have. And by the way, it’s free en- 5, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to terprise and it’s not nationalization. ADJOURNMENT the Committee on Energy and Commerce. And let’s add an extra czar or two to Mr. KING of Iowa. Madam Speaker, I 2149. A letter from the Director, Regu- this list of 22. Let’s do the denation- move that the House do now adjourn. latory Management Division, Environmental alization czar and the exit-strategy Protection Agency, transmitting the Agen- The motion was agreed to; accord- czar. Put those two people together, cy’s final rule — Approval and Promulgation ingly (at 10 o’clock and 35 minutes and maybe they can get to work to of Implementation Plans; Hawaii [EPA-R09- eliminate all of the rest of these czars p.m.), under its previous order, the OAR-2009-0323; FRL-8915-8] received June 5, and get us back to sense, Madam House adjourned until tomorrow, Tues- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. Speaker. day, June 16, 2009, at 10:30 a.m., for morning-hour debate. 2150. A letter from the Director, Regu- And with that, I yield back the bal- latory Management Division, Environmental ance of my time. f Protection Agency, transmitting the Agen- f cy’s final rule — Outer Continental Shelf Air EXECUTIVE COMMUNICATIONS, Regulations Consistency Update for Cali- LEAVE OF ABSENCE ETC. fornia [OAR-2004-0091; FRL-8912-7] received By unanimous consent, leave of ab- Under clause 2 of rule XXIV, execu- June 5, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); sence was granted to: tive communications were taken from to the Committee on Energy and Commerce. Mr. DONNELLY of Indiana (at the re- 2151. A letter from the Director, Regu- the Speaker’s table and referred as fol- latory Management Division, Environmental quest of Mr. HOYER) for today on ac- lows: Protection Agency, transmitting the Agen- count of travel delays. 2142. A letter from the Director, Regu- cy’s final rule — Revisions to the California Ms. EDDIE BERNICE JOHNSON of Texas latory Management Division, Environmental State Implementation Plan, Antelope Valley (at the request of Mr. HOYER) for today. Protection Agency, transmitting the Agen- Air Quality Management District and South Ms. KILROY (at the request of Mr. cy’s final rule — Residues of Silver in Foods Coast Air Quality Management District HOYER) for today on account of flight from Food Contact Surface Sanitizing Solu- [EPA-R09-OAR-2009-0142; FRL-8902-1] re- was cancelled. tions; Exemption from the Requirement of a ceived June 5, 2009, pursuant to 5 U.S.C.

VerDate Nov 24 2008 05:05 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.107 H15JNPT1 erowe on PROD1PC64 with HOUSE H6804 CONGRESSIONAL RECORD — HOUSE June 15, 2009 801(a)(1)(A); to the Committee on Energy and to the Committee on Oversight and Govern- and Budget, transmitting a report pursuant Commerce. ment Reform. to the Federal Vacancies Reform Act of 1998; 2152. A letter from the Director, Regu- 2163. A letter from the Acting Chief Human to the Committee on Oversight and Govern- latory Management Division, Environmental Capital Officer, Department of Energy, ment Reform. Protection Agency, transmitting the Agen- transmitting a report pursuant to the Fed- 2178. A letter from the General Counsel & cy’s final rule — Revisions to the California eral Vacancies Reform Act of 1998; to the Senior Policy Advisor, Office of Management State Implementation Plan, Monterey Bay Committee on Oversight and Government and Budget, Office of Information and Regu- Unified Air Pollution Control District, Plac- Reform. latory Affairs, transmitting a report pursu- er County Air Pollution Control District 2164. A letter from the Acting Chief Human ant to the Federal Vacancies Reform Act of [EPA-R09-OAR-2009-0230; FRL-8900-8] re- Capital Officer, Department of Energy, Of- 1998; to the Committee on Oversight and ceived June 5, 2009, pursuant to 5 U.S.C. fice of Assistant Secretary for Environ- Government Reform. 801(a)(1)(A); to the Committee on Energy and mental Management, transmitting a report 2179. A letter from the Acting Assoc. Gen. Commerce. pursuant to the Federal Vacancies Reform Counsel for General Law, U.S. Immigration 2153. A letter from the Assistant Secretary Act of 1998; to the Committee on Oversight and Customs Enforcement (ICE), transmit- Legislative Affairs, Department of State, and Government Reform. ting a report pursuant to the Federal Vacan- transmitting certification of a proposed 2165. A letter from the Acting Chief Human cies Reform Act of 1998; to the Committee on technical assistance agreement for the ex- Capital Officer, Department of Energy, Of- Oversight and Government Reform. port of technical data, defense services, and fice of Policy and International Affairs, 2180. A letter from the Program Analyst, defense articles to Australia and Spain transmitting a report pursuant to the Fed- Department of Transportation, transmitting (Transmittal No. DDTC 041-09), pursuant to eral Vacancies Reform Act of 1998; to the the Department’s final rule — Airworthiness 22 U.S.C. 39, 36(c); to the Committee on For- Committee on Oversight and Government Directives; Air Tractor, Inc. Models AT-400, eign Affairs. Reform. AT-400A, AT-402, AT-402A, AT-402B, AT-502, 2154. A letter from the Assistant Secretary 2166. A letter from the Acting Chief Human AT-502A, AT-502B, AT-503A, AT-602, AT-802, Legislative Affairs, Department of State, Capital Officer, Department of Energy, Of- and AT-802A Airplanes [Docket No.: FAA- transmitting certification of a proposed fice of the General Counsel, transmitting a 2009-0473; Directorate Identifier 2009-CE-027- technical assistance agreement for the ex- report pursuant to the Federal Vacancies Re- AD; Amendment 39-15915; AD 2009-11-05] (RIN: port of technical data, defense services, and form Act of 1998; to the Committee on Over- 2120-AA64) received June 2, 2009, pursuant to defense articles to Greece and Qatar (Trans- sight and Government Reform. 5 U.S.C. 801(a)(1)(A); to the Committee on 2167. A letter from the Acting Chief Human mittal No. DDTC 004-09), pursuant to 22 Transportation and Infrastructure. Capital Officer, Department of Energy, U.S.C. 39, 36(c); to the Committee on Foreign 2181. A letter from the Program Analyst, Under Secretary for Science, transmitting a Affairs. Department of Transportation, transmitting report pursuant to the Federal Vacancies Re- 2155. A letter from the Assistant Secretary the Department’s final rule — Airworthiness form Act of 1998; to the Committee on Over- Legislative Affairs, Department of State, Directives; Airbus Model A318, A319, A320 and sight and Government Reform. transmitting certification of a proposed A321 Series Airplanes [Docket No.: FAA-2009- 2168. A letter from the Acting Chief Human technical assistance agreement for the ex- 0360; Directorate Identifier 2009-NM-039-AD; Capital Officer, Department of Energy, port of technical data, defense services, and Amendment 39-15887; AD 2009-09-01] (RIN: Under Secretary of Energy, transmitting a defense articles to Qatar (Transmittal No. 2120-AA64) received June 2, 2009, pursuant to report pursuant to the Federal Vacancies Re- DDTC 004-09), pursuant to 22 U.S.C. 39, 36(c); 5 U.S.C. 801(a)(1)(A); to the Committee on form Act of 1998; to the Committee on Over- to the Committee on Foreign Affairs. Transportation and Infrastructure. sight and Government Reform. 2182. A letter from the Program Analyst, 2156. A letter from the Assistant Secretary 2169. A letter from the Director, Office of Department of Transportation, transmitting Legislative Affairs, Department of State, Human Resources, Environmental Protec- the Department’s final rule — Airworthiness transmitting certification of a proposed tion Agency, transmitting a report pursuant Directives; Bombardier Model DHC-8-400 Se- manufacturing license agreement for the ex- to the Federal Vacancies Reform Act of 1998; ries Airplanes [Docket No.: FAA-2009-0361; port of technical data, defense services, and to the Committee on Oversight and Govern- Directorate Identifier 2009-NM-046-AD; defense articles to Canada (Transmittal No. ment Reform. DDTC 042-09), pursuant to 22 U.S.C. 39, 36(c); 2170. A letter from the Director, Office of Amendment 39-15888; AD 2009-09-02] (RIN: to the Committee on Foreign Affairs. Human Resources, Environmental Protec- 2120-AA64) received June 2, 2009, pursuant to 2157. A letter from the Assistant Secretary tion Agency, transmitting a report pursuant 5 U.S.C. 801(a)(1)(A); to the Committee on Legislative Affairs, Department of State, to the Federal Vacancies Reform Act of 1998; Transportation and Infrastructure. 2183. A letter from the Program Analyst, transmitting certification of a proposed to the Committee on Oversight and Govern- Department of Transportation, transmitting manufacturing license agreement fot the ex- ment Reform. port of technical data, defense services, and 2171. A letter from the Director, Office of the Department’s final rule — Airworthiness defense articles to Japan (Transmittal No. Human Resources, Environmental Protec- Directives; Rolls-Royce Corporation (RRC) DDTC 043-09), pursuant to 22 U.S.C. 39, sec- tion Agency, transmitting a report pursuant AE 3007A Series Turbofan Engines [Docket tion 36(c); to the Committee on Foreign Af- to the Federal Vacancies Reform Act of 1998; No.: FAA-2008-0975; Directorate Identifier fairs. to the Committee on Oversight and Govern- 2008-NE-29-AD; Amendment 39-15905; AD 2009- 2158. A letter from the Secretary, Depart- ment Reform. 08-51] (RIN: 2120-AA64) received June 2, 2009, ment of the Treasury, transmitting a six- 2172. A letter from the Director, Office of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- month periodic report on the national emer- Human Resources, Environmental Protec- mittee on Transportation and Infrastruc- gency with respect to Iran that was declared tion Agency, transmitting a report pursuant ture. in Executive Order 12170 of November 14, to the Federal Vacancies Reform Act of 1998; 2184. A letter from the Program Analyst, 1979, pursuant to 50 U.S.C. 1703(c); to the to the Committee on Oversight and Govern- Department of Transportation, transmitting Committee on Foreign Affairs. ment Reform. the Department’s final rule — Airworthiness 2159. A letter from the Secretary, Depart- 2173. A letter from the Acting Assoc. Gen. Directives; Pratt & Whitney Models PW2037, ment of the Treasury, transmitting a six- Counsel for General Law, FEMA, transmit- PW2037(M), and PW2040 Turbofan Engines month periodic report on the national emer- ting a report pursuant to the Federal Vacan- [Docket No.: FAA-2008-1131; Directorate gency with respect to Belarus that was de- cies Reform Act of 1998; to the Committee on Identifier 2008-NE-37-AD; Amendment 39- clared in Executive Order 13405 of June 16, Oversight and Government Reform. 15903; AD 2009-10-08] (RIN: 2120-AA64) received 2006, pursuant to 50 U.S.C. 1641(c); to the 2174. A letter from the Acting Assoc. Gen. June 2, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); Committee on Foreign Affairs. Counsel for General Law, FEMA National to the Committee on Transportation and In- 2160. A letter from the Assistant Legal Ad- Preparedness Directorate, transmitting a re- frastructure. viser for Treaty Affairs, Department of port pursuant to the Federal Vacancies Re- 2185. A letter from the Program Analyst, State, transmitting Copies of international form Act of 1998; to the Committee on Over- Department of Transportation, transmitting agreements, other than treaties, entered into sight and Government Reform. the Department’s final rule — Airworthiness by the United States, pursuant to 1 U.S.C. 2175. A letter from the General Counsel & Directives; Bombardier Model CL-600-2C10 112b; to the Committee on Foreign Affairs. Senior Policy Advisor, Office of Management (Regional Jet Series 700, 701 & 702), CL-600- 2161. A letter from the Assistant Secretary and Budget, transmitting a report pursuant 2D15 (Regional Jet Series 705), and CL-600- Legislative Affairs, Department of State, to the Federal Vacancies Reform Act of 1998; 2D24 (Regional Jet Series 900) Airplanes transmitting a report pursuant to the Anti- to the Committee on Oversight and Govern- [Docket No.: FAA-2009-0448; Directorate Economic Discrimination Act of 1994, part C ment Reform. Identifier 2009-NM-052-AD; Amendment 39- of Title V, Foreign Relations Authorization 2176. A letter from the General Counsel & 15906; AD 2009-10-10] (RIN: 2120-AA64) received Act, Fiscal Years 1994 and 1995, as amended Senior Policy Advisor, Office of Management June 2, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); by Pub. L. 103-236; to the Committee on For- and Budget, transmitting a report pursuant to the Committee on Transportation and In- eign Affairs. to the Federal Vacancies Reform Act of 1998; frastructure. 2162. A letter from the Acting Assoc. Gen. to the Committee on Oversight and Govern- 2186. A letter from the Program Analyst, Counsel for General Law, DHS Office of Gen- ment Reform. Department of Transportation, transmitting eral Counsel, transmitting a report pursuant 2177. A letter from the General Counsel & the Department’s final rule — Airworthiness to the Federal Vacancies Reform Act of 1998; Senior Policy Advisor, Office of Management Directives; Pratt & Whitney (PW) JT9D-7R4

VerDate Nov 24 2008 05:05 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\L15JN7.000 H15JNPT1 erowe on PROD1PC64 with HOUSE June 15, 2009 CONGRESSIONAL RECORD — HOUSE H6805 Series Turbofan Engines; Correction [Docket Committee on Ways and Means and ordered fall within the jurisdiction of the committee No.: FAA-2006-23742; Directorate Identifier to be printed. concerned. 2005-NE-53-AD; Amendment 39-15896; AD 2009- f By Mr. DEFAZIO (for himself and Mr. 10-01] (RIN: 2120-AA64) received June 2, 2009, WELCH): pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- REPORTS OF COMMITTEES ON H.R. 2869. A bill to require the Commodity mittee on Transportation and Infrastruc- PUBLIC BILLS AND RESOLUTIONS Futures Trading Commission to take certain ture. actions to prevent the manipulation of en- 2187. A letter from the Program Analyst, Under clause 2 of rule XIII, reports of committees were delivered to the Clerk ergy markets, and for other purposes; to the Department of Transportation, transmitting Committee on Agriculture. the Department’s final rule — Airworthiness for printing and reference to the proper By Mr. LIPINSKI: Directives; CFM International S.A. Model calendar, as follows: H.R. 2870. A bill to standardize and clarify CFM56 Turbofan Engines [Docket No.: FAA- Mr. CONYERS: Committee on the Judici- the dimensions of carry-on baggage and per- 2008-1245; Directorate Identifier 2008-NE-27- ary. H.R. 2765. A bill to amend title 28, sonal items on air carriers; to the Com- AD; Amendment 39-15912; AD 2009-11-02] (RIN: United States Code, to prohibit recognition mittee on Homeland Security, and in addi- 2120-AA64) received June 2, 2009, pursuant to and enforcement of foreign defamation tion to the Committee on Transportation 5 U.S.C. 801(a)(1)(A); to the Committee on judgements and certain foreign judgments and Infrastructure, for a period to be subse- Transportation and Infrastructure. against the providers of interactive com- quently determined by the Speaker, in each 2188. A letter from the Program Analyst, puter services (Rept. 111–154). Referred to the Department of Transportation, transmitting case for consideration of such provisions as Committee of the Whole House on the State fall within the jurisdiction of the committee the Department’s final rule — Airworthiness of the Union. Directives; Saab AB, Saab Aerosystems concerned. Mr. ARCURI: Committee on Rules. House By Mr. TIM MURPHY of Pennsylvania: Model 340A (SAAB/SF340A) and SAAB 340B Resolution 544. Resolution providing for con- Airplanes [Docket No.: FAA-2009-0035; Direc- H.R. 2871. A bill to amend title 18, United sideration of the bill (H.R. 2847) making ap- States Code, to provide for punishment for torate Identifier 2008-NM-096-AD; Amend- propriations for the Departments of Com- ment 39-15909; AD 2009-10-13](RIN: 2120-AA64) killing a member of the Armed Forces of the merce and Justice, and Science, and Related United States; to the Committee on the Ju- received June 2, 2009, pursuant to 5 U.S.C. Agencies for the fiscal year ending Sep- 801(a)(1)(A); to the Committee on Transpor- diciary. tember 30, 2010, and for other purposes (Rept. By Mr. DAVIS of Alabama (for himself, tation and Infrastructure. 111–155). Referred to the House Calendar. 2189. A letter from the Program Analyst, Ms. KILROY, and Mr. ISRAEL): Ms. SLAUGHTER: Committee on Rules. Department of Transportation, transmitting H.R. 2872. A bill to improve the quality and House Resolution 545. Resolution providing the Department’s final rule — Airworthiness cost effectiveness of cancer care to Medicare for consideration of the conference report to Directives; Lockheed Model 382, 382B, 382E, beneficiaries by establishing a national dem- accompany the bill (H.R. 2346) making sup- 382F, and 382G Series Airplanes [Docket No.: onstration project; to the Committee on En- plemental appropriations for the fiscal year FAA-2009-0462; Directorate Identifier 2009- ergy and Commerce, and in addition to the ending September 30, 2009, and for other pur- NM-063-AD; Amendment 39-15913; AD 2009-11- Committee on Ways and Means, for a period poses (Rept. 111–156). Referred to the House 03] (RIN: 2120-AA64) received June 2, 2009, to be subsequently determined by the Speak- Calendar. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- er, in each case for consideration of such pro- mittee on Transportation and Infrastruc- f visions as fall within the jurisdiction of the ture. PUBLIC BILLS AND RESOLUTIONS committee concerned. 2190. A letter from the Program Analyst, By Mr. CAMPBELL: Department of Transportation, transmitting Under clause 2 of rule XII, public H.R. 2873. A bill to provide enhanced en- the Department’s final rule — Airworthiness bills and resolutions of the following forcement authority to the Securities and Directives; Hartzell Propeller Inc. Steel Hub titles were introduced and severally re- Exchange Commission; to the Committee on Turbine Propellers [Docket No.: FAA-2009- ferred, as follows: Financial Services. 0114; Directorate Identifier 2009-NE-03-AD; By Mr. CONNOLLY of Virginia: Amendment 39-15910; AD 2009-10-14] (RIN: By Mr. MARKEY of Massachusetts (for H.R. 2874. A bill to amend the 2120-AA64) received June 2, 2009, pursuant to himself, Mr. STEARNS, Mr. BERRY, Servicemembers Civil Relief Act to improve 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. BOUSTANY, Ms. GINNY BROWN- the equitable relief available for Transportation and Infrastructure. WAITE of Florida, Mr. COHEN, Mr. servicemembers called to active duty, and 2191. A letter from the Program Analyst, CONAWAY, Ms. DEGETTE, Ms. for other purposes; to the Committee on Vet- Department of Transportation, transmitting DELAURO, Mr. DICKS, Mr. DOYLE, Mr. erans’ Affairs, and in addition to the Com- the Department’s final rule — Airworthiness GORDON of Tennessee, Mr. GENE mittee on Education and Labor, for a period Directives; Boeing Model 747 Airplanes GREEN of Texas, Ms. JENKINS, Mr. to be subsequently determined by the Speak- [Docket No.: FAA-2009-0450; Directorate KING of New York, Mr. LEWIS of Geor- er, in each case for consideration of such pro- Identifier 2008-NM-182-AD; Amendment 39- gia, Mr. MCGOVERN, Mr. MEEK of visions as fall within the jurisdiction of the 15908; AD 2009-10-12] (RIN: 2120-AA64) received Florida, Mr. MORAN of Virginia, Mr. committee concerned. June 2, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); MURPHY of Connecticut, Mr. OLVER, By Mr. CONAWAY (for himself, Mr. to the Committee on Transportation and In- Mr. PAUL, Mr. ROGERS of Alabama, BOEHNER, Mr. CANTOR, Mr. WILSON of frastructure. Mr. ROSS, Ms. SCHAKOWSKY, Ms. 2192. A letter from the Program Analyst, SCHWARTZ, Mr. STARK, Mr. WAXMAN, South Carolina, Mr. SHUSTER, Mr. Department of Transportation, transmitting Mr. WEXLER, and Mr. WHITFIELD): ROONEY, Mr. MILLER of Florida, Ms. the Department’s final rule — Airworthiness H.R. 2866. A bill to provide for a disregard GRANGER, Mr. MCKEON, Mr. PENCE, Directives; Airbus Model A330-300, A340-200, under the Supplemental Security Income Mr. WITTMAN, Mr. HUNTER, Mr. AKIN, and A340-300 Series Airplanes [Docket No.: program of compensation for participation Mr. KLINE of Minnesota, Mr. FLEM- FAA-2009-0449; Directorate Identifier 2008- in clinical trials for rare diseases or condi- ING, Mr. BARTLETT, Mr. FORBES, Mr. NM-034-AD; Amendment 39-15907; AD 2009-10- tions; to the Committee on Ways and Means. LAMBORN, Mr. BISHOP of Utah, Mr. 11] (RIN: 2120-AA64) received June 2, 2009, By Mr. DEFAZIO (for himself, Mr. PLATTS, Mr. COFFMAN of Colorado, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- SESTAK, Mr. FILNER, and Mr. HARE): Ms. FALLIN, Mr. FRANKS of Arizona, mittee on Transportation and Infrastruc- H.R. 2867. A bill to ensure access to basic Mr. BOOZMAN, Mr. LATTA, Mr. ture. broadcast television after the Digital Tele- MCCAUL, Mr. PRICE of Georgia, Mr. 2193. A letter from the Program Analyst, vision Transition, and for other purposes; to SMITH of Texas, Mr. SAM JOHNSON of Department of Transportation, transmitting the Committee on Energy and Commerce. Texas, Mr. THORNBERRY, Mr. CARTER, the Department’s final rule — Airworthiness By Mr. THOMPSON of Mississippi (for Mr. GERLACH, Mr. BUYER, Mr. CAMP- Directives; Air Tractor, Inc. Models AT-400, himself, Mr. WAXMAN, Ms. JACKSON- BELL, Mr. WAMP, Mr. WESTMORELAND, AT-400A, AT-402, AT-402A, AT-402B, AT-502, LEE of Texas, Mr. MARKEY of Massa- Mr. ROSKAM, Mr. MCHENRY, and Mr. AT-502A, AT-502B, AT-503A, AT-602, AT-802, chusetts, Ms. CLARKE, and Mr. SMITH of Nebraska): and AT-802A Airplanes [Docket No.: FAA- PASCRELL): H.R. 2875. A bill to provide that certain 2009-0473; Directorate Identifier 2009-CE-027- H.R. 2868. A bill to amend the Homeland photographic records relating to the treat- AD; Amendment 39-15915; AD 2009-11-05] (RIN: Security Act of 2002 to extend, modify, and ment of any individual engaged, captured, or 2120-AA64) received June 2, 2009, pursuant to recodify the authority of the Secretary of detained after September 11, 2001, by the 5 U.S.C. 801(a)(1)(A); to the Committee on Homeland Security to enhance security and Armed Forces of the United States in oper- Transportation and Infrastructure. protect against acts of terrorism against ations outside the United States shall not be 2194. A letter from the Assistant Secretary chemical facilities, and for other purposes; subject to disclosure under section 552 of Legislative Affairs, Department of State, to the Committee on Homeland Security, title 5, United States Code (commonly re- transmitting a report concerning the exten- and in addition to the Committee on Energy ferred to as the Freedom of Information sion of waiver authority for Turkmenistan, and Commerce, for a period to be subse- Act); to the Committee on Oversight and pursuant to Public Law 93-618, Subsection quently determined by the Speaker, in each Government Reform, and in addition to the 402(d)(1) and 409; (H. Doc. No. 111—49); to the case for consideration of such provisions as Committee on Armed Services, for a period

VerDate Nov 24 2008 05:05 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\L15JN7.000 H15JNPT1 erowe on PROD1PC64 with HOUSE H6806 CONGRESSIONAL RECORD — HOUSE June 15, 2009 to be subsequently determined by the Speak- Americans and Jewish-Americans share com- HOUSE RESOLUTION NO. 67 Urging the er, in each case for consideration of such pro- mon historical experiences and a commit- Congress of the United States to designate a visions as fall within the jurisdiction of the ment to a society free from hatred and vio- day each year in honor of the lifetime committee concerned. lence; to the Committee on the Judiciary. achievements of the late Roberto Clemente; By Mr. DAVIS of Tennessee (for him- By Mr. DAVIS of Illinois (for himself, to the Committee on Oversight and Govern- self, Mr. DAVIS of Kentucky, Mr. Mr. FILNER, Mr. MEEKS of New York, ment Reform. FRANK of Massachusetts, Mr. HODES, Mr. BISHOP of Georgia, Ms. EDWARDS 88. Also, a memorial of the Twenty-Fifth Mr. BOREN, Mr. RODRIGUEZ, Mr. of Maryland, Mrs. MALONEY, Ms. Legislature of Hawaii, relative to HOUSE MASSA, Mr. DAVIS of Alabama, Mr. JACKSON-LEE of Texas, Ms. RICHARD- CONCURRENT RESOLUTION NO. 56 S.D. 1 WILSON of Ohio, Mr. DAVIS of Illinois, SON, Mr. CLAY, Mr. CUMMINGS, Ms. REQUESTING THE UNITED STATES CON- Mr. HINOJOSA, Mr. FILNER, Mr. FUDGE, Ms. NORTON, Mr. CONYERS, GRESS TO PROTECT WILDLIFE AND WIL- TONKO, Mr. BOSWELL, Ms. CORRINE Mr. COHEN, Mr. MASSA, Mr. SCOTT of DERNESS BY OPPOSING OIL AND GAS EX- BROWN of Florida, Mr. SHULER, Mr. Virginia, Mr. SERRANO, Mr. PLORATION AND DEVELOPMENT IN THE BOUCHER, and Mr. HINCHEY): RUPPERSBERGER, Mr. PIERLUISI, Mr. ARCTIC NATIONAL WILDLIFE REFUGE H.R. 2876. A bill to establish a program to ELLISON, Mr. SNYDER, Mr. PASCRELL, AND ON THE OUTER CONTINENTAL preserve rural multifamily housing assisted Mr. FATTAH, Mr. TOWNS, Mr. SHELF AND SUPPORTING CLEAN, RE- under the Housing Act of 1949; to the Com- PERRIELLO, Mr. PAYNE, Ms. NEWABLE ENERGY ALTERNATIVES; to mittee on Financial Services. BORDALLO, Mr. LEWIS of Georgia, Ms. the Committee on Natural Resources. 89. Also, a memorial of the State Senate of By Mr. HALL of New York (for himself, CORRINE BROWN of Florida, Ms. LEE of Oregon, relative to Senate Joint Memorial 2 Mr. RANGEL, Mr. MCHUGH, Ms. California, Mr. BRADY of Pennsyl- urging the Congress of the United States to SLAUGHTER, Ms. VELA´ ZQUEZ, Mr. HIN- vania, Mr. JOHNSON of Georgia, Ms. enact legislation that creates a statewide CHEY, Mrs. LOWEY, Mr. ENGEL, Mr. WOOLSEY, Mr. AL GREEN of Texas, transportation system in Oregon that would MURPHY of New York, Mr. ACKERMAN, Ms. WATERS, Mr. GRIJALVA, Mr. provide transportation for Oregon veterans, Mr. ARCURI, Mr. BISHOP of New York, HARE, Mr. GONZALEZ, Mr. RAHALL, particularly disabled veterans, to and from Ms. CLARKE, Mr. CROWLEY, Mr. HIG- and Mr. BACA): GINS, Mr. ISRAEL, Mr. KING of New H. Res. 546. A resolution recognizing the medical facilities; to the Committee on Vet- York, Mr. LEE of New York, Mr. historical significance of Juneteenth Inde- erans’ Affairs. 90. Also, a memorial of the State Senate of MAFFEI, Mrs. MALONEY, Mr. MASSA, pendence Day, and expressing the sense of Oregon, relative to Senate Joint Memorial 12 Mrs. MCCARTHY of New York, Mr. the House of Representatives that history urging the Congress of the United States to MCMAHON, Mr. MEEKS of New York, should be regarded as a means for under- immediately introduce and pass legislation Mr. NADLER of New York, Mr. standing the past and more effectively facing to implement a tax refund intercept program SERRANO, Mr. TONKO, Mr. TOWNS, and the challenges of the future; to the Com- similar to that proposed in the 110th Con- Mr. WEINER): mittee on Oversight and Government Re- H.R. 2877. A bill to designate the facility of form. gress (H.R. 6172 and S. 1287); to the Com- the United States Postal Service located at By Mr. DRIEHAUS: mittee on Ways and Means. 91. Also, a memorial of the House of Rep- 76 Brookside Avenue in Chester, New York, H. Res. 547. A resolution supporting the resentatives of Alaska, relative to House Re- as the ‘‘1st Lieutenant Louis Allen Post Of- goals and ideals of ‘‘National Internet Safety solve No. 9 Requesting the United States fice’’; to the Committee on Oversight and Month‘‘; to the Committee on Energy and Congress to permanently repeal the federal Government Reform. Commerce. unified gift and estate tax; to the Committee By Mr. ISRAEL: f H.R. 2878. A bill to authorize microenter- on Ways and Means. prise assistance for renewable energy MEMORIALS 92. Also, a memorial of the Twenty-Fifth Legislature of Hawaii, relative to HOUSE projects in developing countries; to the Com- Under clause 4 of rule XXII, memo- mittee on Foreign Affairs. CONCURRENT RESOLUTION NO. 34 RE- By Mrs. KIRKPATRICK of Arizona (for rials were presented and referred as fol- QUESTING CONGRESS TO RAISE MEDI- herself and Mr. PERRIELLO): lows: CARE FEE SCHEDULE PAYMENT H.R. 2879. A bill to amend title 38, United 82. The SPEAKER presented a memorial of AMOUNTS FOR PHYSICIANS RENDERING States Code, to improve health care for vet- the State Senate of Michigan, relative to SERVICES IN HAWAII; jointly to the Com- erans who live in rural areas, and for other Senate Resolution No. 57 MEMORIALIZING mittees on Energy and Commerce and Ways purposes; to the Committee on Veterans’ Af- THE UNITED STATES CONGRESS TO and Means. fairs. ENACT S. 1034, THE HEALTHY SCHOOLS 93. Also, a memorial of the Twenty-Fifth By Ms. PINGREE of Maine (for herself, ACT OF 2009, TO PROVIDE FUNDING FOR Legislature of Hawaii, relative to HOUSE Mr. SHULER, Mr. SCHRADER, Mr. THE DEVELOPMENT AND OPERATION OF CONCURRENT RESOLUTION NO. 158 HODES, and Mr. MICHAUD): SCHOOL-BASED HEALTH CLINICS; to the STRONGLY URGING THE UNITED STATES H.R. 2880. A bill to require the Secretary of Committee on Energy and Commerce. DEPARTMENT OF THE INTERIOR AND Agriculture to establish a carbon incentives 83. Also, a memorial of the House of Rep- THE UNITED STATES CONGRESS TO PRO- program to achieve supplemental greenhouse resentatives of Pennsylvania, relative to VIDE ADDITIONAL FEDERAL AID TO THE gas emissions reductions on private agricul- HOUSE RESOLUTION NO. 94 Urging the STATE OF HAWAII FOR THE PROVISION tural and forestland of the United States, Congress of the United States and the Food OF VARIOUS STATE SERVICES TO MI- and for other purposes; to the Committee on and Drug Administration to encourage the GRANTS FROM THE COMPACT OF FREE Agriculture, and in addition to the Com- use of reduced bisphenol-A in the manufac- ASSOCIATION NATIONS; jointly to the mittee on Energy and Commerce, for a pe- ture of plastic food containers and bottles Committees on Foreign Affairs and Energy riod to be subsequently determined by the and to eliminate the importation, sale and and Commerce. Speaker, in each case for consideration of advertising of polycarbonate baby bottles; to 94. Also, a memorial of the Twenty-Fifth such provisions as fall within the jurisdic- the Committee on Energy and Commerce. Legislature of Hawaii, relative to HOUSE tion of the committee concerned. 84. Also, a memorial of the House of Rep- CONCURRENT RESOLUTION NO. 46 S.D. 1 By Mr. ROGERS of Alabama (for him- resentatives of Pennsylvania, relative to URGING CONGRESS TO PRESERVE FUND- self, Mr. BACHUS, Mr. ADERHOLT, Mr. HOUSE RESOLUTION NO. 139 Memorializing ING AND MAINTAIN PROGRAMS, LAWS, BONNER, Mr. GRIFFITH, Mr. BRIGHT, Congress to conduct a full and complete in- REGULATIONS, AND POLICIES THAT AS- Mr. DAVIS of Alabama, Mr. GERLACH, vestigation into all foreign and domestic fac- SIST VICTIMS OF DOMESTIC VIOLENCE; Mrs. CHRISTENSEN, Mr. CARNEY, Mr. tors affecting gasoline and diesel fuel prices jointly to the Committees on the Judiciary SMITH of New Jersey, and Mr. in the United States; to the Committee on and Education and Labor. LANGEVIN): Energy and Commerce. f H.R. 2881. A bill to amend titles II and 85. Also, a memorial of the State Senate of XVIII of the Social Security Act to waive Idaho, relative to SENATE JOINT MEMO- ADDITIONAL SPONSORS certain waiting periods for Social Security RIAL NO. 101 urging the United States Con- Under clause 7 of rule XII, sponsors disability and Medicare benefits in the case gress to provide additional financial oppor- were added to public bills and resolu- of a terminally ill, disabled individual; to tunities to fund medical residency programs tions as follows: the Committee on Ways and Means, and in to meet a growing and underfunded need; to H.R. 13: Mr. FILNER. addition to the Committee on Energy and the Committee on Energy and Commerce. H.R. 204: Mr. PALLONE, Mr. MCDERMOTT, Commerce, for a period to be subsequently 86. Also, a memorial of the Twenty-Fifth and Mr. COHEN. determined by the Speaker, in each case for Legislature of Hawaii, relative to HOUSE H.R. 205: Mr. FLEMING and Mr. COFFMAN of consideration of such provisions as fall with- CONCURRENT RESOLUTION NO. 303 SUP- Colorado. in the jurisdiction of the committee con- PORTING THE PEACE CORPS EXPANSION H.R. 272: Mr. AKIN and Mr. ELLSWORTH. cerned. ACT OF 2009; to the Committee on Foreign H.R. 275: Mr. MCMAHON, Mr. WEXLER, Mr. By Mr. HASTINGS of Florida: Affairs. HENSARLING, and Ms. KOSMAS. H. Con. Res. 154. Concurrent resolution ex- 87. Also, a memorial of the House of Rep- H.R. 327: Mr. FALEOMAVAEGA and Mr. pressing the sense of Congress that African- resentatives of Pennsylvania, relative to HINOJOSA.

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H.R. 422: Ms. FOXX and Ms. LINDA T. H.R. 2017: Mr. BISHOP of New York. H. Res. 175: Mr. CLEAVER and Mr. HOLT. SA´ NCHEZ of California. H.R. 2055: Ms. LEE of California, Mr. H. Res. 241: Mr. ENGEL and Mr. FRANK of H.R. 426: Mr. PAUL. SESTAK, Ms. ESHOO, and Ms. WOOLSEY. Massachusetts. H.R. 442: Ms. GINNY BROWN-WAITE of Flor- H.R. 2063: Mr. JONES. H. Res. 309: Mr. ROGERS of Alabama. ida. H.R. 2070: Mr. SCHIFF. H. Res. 350: Mr. ROSKAM. H.R. 467: Mr. BACA. H.R. 2076: Ms. SPEIER. H. Res. 355: Mr. SESTAK. H.R. 502: Mr. PLATTS. H.R. 2097: Mr. BONNER. H. Res. 393: Mr. COLE and Mr. TERRY. H.R. 503: Mr. CAO. H.R. 2102: Mr. ISRAEL, Mr. HINCHEY, Mr. H. Res. 419: Mr. SCOTT of Virginia and Mr. H.R. 517: Mr. GRAYSON. PAYNE, Mr. CUELLAR, and Mr. GRIJALVA. LEWIS of Georgia. H.R. 520: Mr. POLIS of Colorado. H.R. 2125: Mr. FILNER. H. Res. 428: Mr. CALVERT. H.R. 571: Mr. WEXLER, Mr. WHITFIELD, Mr. H.R. 2189: Mr. EHLERS, Mr. MANZULLO, and H. Res. 493: Mr. SARBANES and Mrs. CAPPS. PASTOR of Arizona, and Mr. PETERS. Mr. SOUDER. H. Res. 507: Mr. NUNES, Ms. TSONGAS, and H.R. 574: Mr. REHBERG. H.R. 2194: Mr. GRAVES, Mr. PETERS, Mr. Mr. SNYDER. H.R. 578: Mr. MCDERMOTT. PITTS, Mr. BROUN of Georgia, and Mr. H. Res. 512: Ms. SCHAKOWSKY and Mr. POE H.R. 610: Ms. EDDIE BERNICE JOHNSON of CASSIDY. of Texas. Texas. H.R. 2196: Mr. ROONEY. H. Res. 530: Mr. PAYNE, Mr. WILSON of Ohio, H.R. 618: Ms. SCHWARTZ. H.R. 2251: Mr. ALEXANDER, Mr. YOUNG of and Mr. JOHNSON of Georgia. H. Res. 537: Mr. GARRETT of New Jersey, H.R. 635: Mr. GRAYSON. Florida, Mr. PASTOR of Arizona, Ms. ROS- ULBERSON OYCE H.R. 646: Mr. CUMMINGS and Mr. SERRANO. LEHTINEN, Mr. CLAY, and Mr. PASCRELL. Mr. C , and Mr. R . H. Res. 538: Mrs. BIGGERT and Mr. H.R. 676: Mr. DICKS. H.R. 2269: Mr. SCOTT of Virginia. LOEBSACK. H.R. 699: Mr. CONNOLLY of Virginia. H.R. 2296: Mr. LUCAS, Mr. MCCOTTER, and H. Res. 543: Mr. RAHALL, Mr. HINOJOSA, Ms. H.R. 716: Mr. PRICE of North Carolina, Mr. Mr. LUETKEMEYER. BORDALLO, Ms. EDDIE BERNICE JOHNSON of DELAHUNT, Mr. HINCHEY, and Mr. PLATTS. H.R. 2329: Mr. PAUL, Mr. WEXLER, Mr. Texas, Mr. MCMAHON, Mr. HALL of New York, H.R. 780: Mr. REHBERG. KLEIN of Florida, and Mr. PAULSEN. Mr. HARE, and Ms. SCHAKOWSKY. H.R. 958: Mr. ARCURI, Mr. ALTMIRE, Mr. H.R. 2404: Mr. PASTOR of Arizona. KLEIN of Florida, and Mr. RYAN of Ohio. H.R. 2419: Mr. FILNER, Mr. HINCHEY, and f Mr. HALL of New York. H.R. 997: Mr. TURNER. PETITIONS, ETC. H.R. 1024: Mr. QUIGLEY and Ms. WATSON. H.R. 2427: Ms. TSONGAS. H.R. 1026: Mr. SHADEGG. H.R. 2438: Mr. MCCOTTER. Under clause 1 of rule XXII, petitions H.R. 1032: Mr. ELLSWORTH. H.R. 2452: Mr. WEINER, Mr. DAVIS of Ken- and papers were laid on the clerk’s H.R. 1064: Mr. ENGEL and Mr. LATOURETTE. tucky, and Mr. LINDER. desk and referred as follows: H.R. 1074: Mr. BROUN of Georgia. H.R. 2478: Ms. SCHWARTZ. 50. The SPEAKER presented a petition of H.R. 1084: Mr. ELLSWORTH. H.R. 2479: Mr. KAGEN. the City of Miami, Florida, relative to Reso- H.R. 1086: Mr. GARRETT of New Jersey. H.R. 2497: Mr. HINCHEY and Ms. MOORE of lution: R-09-0179 URGING MEMBERS OF H.R. 1101: Mr. MICHAUD. Wisconsin. THE UNITED STATES SENATE AND THE H.R. 1173: Mr. KISSELL. H.R. 2499: Mr. CARNAHAN, Mr. UNITED STATES HOUSE OF REPRESENT- H.R. 1177: Mr. MCGOVERN. RUPPERSBERGER, and Mr. FLEMING. ATIVES TO SUPPORT PRESIDENT H.R. 1189: Mr. LOBIONDO. H.R. 2515: Mr. AL GREEN of Texas. BARACK OBAMA’S GOALS OF MAKING H.R. 1207: Mr. SMITH of New Jersey and Mr. H.R. 2517: Mr. JOHNSON of Georgia. HEALTH CARE MORE AFFORDABLE AND SARBANES. H.R. 2560: Mr. MCMAHON and Mr. ARCURI. AVAILABLE TO ALL AMERICANS; FUR- H.R. 1240: Ms. KOSMAS. H.R. 2574: Mr. WEXLER. THER URGING INSURANCE COMPANIES, H.R. 1255: Mrs. BIGGERT and Mr. RUSH. H.R. 2632: Mr. COLE. EMPLOYERS AND STATE GOVERNMENTS H.R. 1408: Mr. GRIJALVA. H.R. 2636: Mr. LAMBORN. TO EMBRACE COMPREHENSIVE HEALTH H.R. 1427: Mr. ARCURI. H.R. 2642: Mr. HERGER. CARE REFORM TO PROTECT AMERICAN H.R. 1441: Mr. INGLIS. H.R. 2648: Mr. MEEK of Florida, Mr. FRANK H.R. 1454: Mr. BOCCIERI and Ms. TITUS. of Massachusetts, and Ms. RICHARDSON. FAMILIES; to the Committee on Energy and H.R. 1459: Mr. QUIGLEY. H.R. 2669: Mr. HIGGINS. Commerce. 51. Also, a petition of the San Francisco H.R. 1466: Mr. QUIGLEY and Mr. HINCHEY. H.R. 2676: Mr. TERRY. H.R. 1469: Mr. MORAN of Virginia, Mrs. H.R. 2681: Mr. HASTINGS of Florida. Board of Supervisors, relative to RESOLU- LOWEY, Ms. KILPATRICK of Michigan, and Mr. H.R. 2692: Mr. TEAGUE, Mr. ARCURI, Mr. TION NO. 157-09 urging the United States PASTOR of Arizona. PAUL, Ms. MARKEY of Colorado, and Mrs. Postal Service to issue a commemorative H.R. 1511: Mr. NADLER of New York. MCMORRIS RODGERS. stamp in honor of Supervisor Harvey Milk; H.R. 1521: Mr. THORNBERRY, Mr. PAULSEN, H.R. 2724: Ms. SCHWARTZ, Mr. MORAN of to the Committee on Oversight and Govern- Mr. SCOTT of Virginia, and Ms. SPEIER. Virginia, Mr. FILNER, and Mr. JOHNSON of ment Reform. H.R. 1528: Mr. CONYERS. Georgia. 52. Also, a petition of the Town of Malabar, H.R. 1530: Mr. CONYERS. H.R. 2729: Mr. BAIRD. Florida, relative to RESOLUTION 10-2009 H.R. 1531: Mr. CONYERS. H.R. 2743: Mr. HUNTER, Mr. TEAGUE, Mr. CLAIMING SOVEREIGNTY UNDER THE H.R. 1547: Mr. DELAHUNT and Mr. SHADEGG. ROSS, Mr. HASTINGS of Florida, Mr. TONKO, TENTH AMENDMENT TO THE CONSTITU- H.R. 1548: Mr. GARRETT of New Jersey and Mr. POMEROY, Mr. MARIO DIAZ-BALART of TION OF THE UNITED STATES OVER ALL Mr. FARR. Florida, Mr. PAUL, Mr. THOMPSON of Mis- POWERS NOT OTHERWISE GRANTED TO H.R. 1560: Mr. DAVIS of Kentucky. sissippi, Mr. ROYCE, Mr. PALLONE, Mr. THE FEDERAL GOVERNMENT BY THE H.R. 1587: Mr. CAMPBELL. SCHRADER, Mrs. SCHMIDT, Mr. ALEXANDER, CONSTITUTION OF THE UNITED STATES H.R. 1600: Mr. MCGOVERN, Ms. KILPATRICK Mr. YOUNG of Florida, Mr. JOHNSON of Geor- EXCEPT AS LEGISLATED BY THE STATE of Michigan, and Mr. SCHIFF. gia, Mr. DAVIS of Tennessee, Mr. SIRES, Mr. OF FLORIDA; to the Committee on the Judi- H.R. 1612: Ms. SCHAKOWSKY, Mr. HINOJOSA, ELLISON, Mr. BOOZMAN, and Mr. GOHMERT. ciary. and Mr. BLUMENAUER. H.R. 2745: Mr. SESSIONS. 53. Also, a petition of the San Francisco H.R. 1616: Mr. WEXLER and Mr. DICKS. H.R. 2750: Mr. BURTON of Indiana. Board of Supervisors, relative to RESOLU- H.R. 1670: Mr. CARNAHAN. H.R. 2777: Mr. WEXLER. TION NO. 149-09 acknowledging immigrant H.R. 1677: Mr. BISHOP of Georgia and Mr. H.R. 2817: Mr. MARKEY of Massachusetts, contributions, denouncing Immigration and PASTOR of Arizona. Mr. FARR, Mr. MORAN of Virginia, and Ms. Customs Enforcement (ICE) raids, and sup- H.R. 1691: Mrs. SCHMIDT. SCHAKOWSKY. porting comprehensive immigration reform H.R. 1721: Mr. CARNAHAN. H.R. 2835: Mr. ROTHMAN of New Jersey and focused on family unity, worker justice, civil H.R. 1764: Mr. HINCHEY. Mr. WEXLER. rights and a path to legalization; to the H.R. 1826: Mr. CONYERS. H.R. 2846: Mr. BURTON of Indiana, Mr. WIL- Committee on the Judiciary. H.R. 1843: Ms. CLARKE. SON of South Carolina, Mr. WOLF, and Mr. f H.R. 1844: Mr. BISHOP of New York, Ms. SMITH of Nebraska. AMENDMENTS HERSETH SANDLIN, Mr. HINCHEY, Mr. OLVER, H.R. 2850: Mr. CUMMINGS. and Mr. FRANK of Massachusetts. H. Con. Res. 59: Mr. CARNAHAN and Ms. Under clause 8 of rule XVIII, pro- H.R. 1874: Mr. MCGOVERN. CLARKE. posed amendments were submitted as H.R. 1894: Mr. ABERCROMBIE. H. Con. Res. 74: Ms. JACKSON-LEE of Texas. follows: H.R. 1925: Mr. PETERS and Mr. CLEAVER. H. Con. Res. 131: Mr. BLUNT, Mr. CASSIDY, H.R. 2847 H.R. 1927: Mr. LOBIONDO. Mr. ISSA, Mr. MORAN of Kansas, Ms. JENKINS, H.R. 1941: Mr. MCCLINTOCK. Mr. CRENSHAW, Mr. SHUSTER, Mr. OFFERED BY: MS. MOORE OF WISCONSIN H.R. 1988: Mr. GEORGE MILLER of Cali- LUETKEMEYER, Mr. DREIER, Mr. TIBERI, Mr. AMENDMENT NO. 3: In title I, in the para- fornia. GALLEGLY, and Mr. GUTHRIE. graph entitled ‘‘Salaries and Expenses’’ im- H.R. 1990: Mr. CARNEY and Mr. LOBIONDO. H. Res. 81: Mr. WHITFIELD. mediately following the heading ‘‘Depart- H.R. 1993: Mr. WEXLER. H. Res. 90: Mr. HINOJOSA. mental Management’’ insert ‘‘(reduced by H.R. 2006: Ms. DEGETTE. H. Res. 101: Mr. KLEIN of Florida. $4,000,000)’’ after ‘‘$60,000,000’’.

VerDate Nov 24 2008 06:41 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.050 H15JNPT1 erowe on PROD1PC64 with HOUSE H6808 CONGRESSIONAL RECORD — HOUSE June 15, 2009 Page 42, line 7, after ‘‘$400,000,000’’ insert since April 7, 2007, resulting from the failure Page 13, line 24, after the dollar amount in- ‘‘(increased by $4,000,000)’’. to implement the United States-Colombia sert ‘‘(increased by $500,000)’’. In title II, in the paragraph entitled ‘‘Vio- Trade Promotion Agreement’’. Page 13, line 25, after the dollar amount in- lence Against Women Prevention and Pros- Page 7, line 5, after the dollar amount, in- sert ‘‘(increased by $500,000)’’. ecution Programs’’ under the heading ‘‘State sert ‘‘(reduced by $500,000)’’. Page 17, line 12, after the dollar amount in- and Local Law Enforcment Activities Office H.R. 2847 sert ‘‘(reduced by $500,000)’’. on Violence Against Women’’ in the num- OFFERED BY: MR. MANZULLO H.R. 2847 bered item in the second proviso relating to OFFERED BY: MR. HASTINGS OF WASHINGTON legal assistance for victims as authorized by AMENDMENT NO.10: Page 3, line 4, after the section 1201 of the 2000 Act, insert ‘‘(in- dollar figure, insert ‘‘(increased by AMENDMENT NO. 20: Page 14, line 3, after creased by $4,000,000)’’ after ‘‘$37,000,000’’. $5,000,000)’’. the colon insert the following: ‘‘Provided fur- Page 78, line 17, after each dollar figure, in- ther, For necessary expenses associated with H.R. 2847 sert ‘‘(reduced by $5,000,000)’’. the restoration of Pacific salmon popu- OFFERED BY: MS. MOORE OF WISCONSIN H.R. 2847 lations, $50,000,000 to remain available until AMENDMENT NO. 4: In title I, in the para- September 30, 2010: Provided further, That of OFFERED BY: MR. MOLLOHAN graph entitled ‘‘Salaries and Expenses’’ im- the funds provided herein the Secretary of mediately following the heading ‘‘Depart- AMENDMENT NO.11: Page 3, line 4, after the Commerce may issue grants to the States of mental Management’’ insert ‘‘(reduced by dollar amount insert ‘‘(reduced by $100,000)’’ Washington, Oregon, Idaho, California, and $8,000,000’’) after ‘‘$60,000,000’’. Page 23, line 18 and 19, after each dollar Alaska and Federally-recognized tribes of Page 42, line 7, after ‘‘$400,000,000’’ insert amount, insert ‘‘(reduced by $21,132,000)’’. the Columbia River and Pacific Coast for ‘‘(increased by $8,000,000’’). Page 45, lines 1, 4, and 13, after each dollar projects necessary for restoration of salmon In title II, in the paragraph entitled ‘‘Vio- amount, insert ‘‘(reduced by $78,768,000)’’. and steelhead populations that are listed as lence Against Women Prevention and Pros- Page 47, line 22, after the dollar amount, threatened or endangered, or identified by a ecution Programs’’ under the heading ‘‘State insert ‘‘(increased by $100,000,000)’’. State as at-risk to be so-listed, for maintain- and Local Law Enforcment Activities Office Page 48, line 17, after the dollar amount, ing populations necessary for exercise of on Violence Against Women’’ in the num- insert ‘‘(increased by $100,000,000)’’. tribal treaty fishing rights or native subsist- bered item in the second proviso relating to H.R. 2847 ence fishing, or for conservation of Pacific legal assistance for victims as authorized by OFFERED BY: MR. MANZULLO coastal salmon and steelhead habitat, based section 1201 of the 2000 Act, insert ‘‘(in- on guidelines to be developed by the Sec- AMENDMENT NO. 12: Page 3, line 4, after the creased by $8,000,000)’’ after ‘‘$37,000,000’’. dollar figure, insert ‘‘(increased by retary of Commerce: Provided further, That H.R. 2847 $20,000,000)’’. funds disbursed to States shall be subject to a matching requirement of funds or docu- OFFERED BY: MR. GARRETT OF NEW JERSEY Page 78, line 17, after each dollar figure, in- mented in-kind contributions of at least 33 AMENDMENT NO. 5: Under title II, in the sert ‘‘(reduced by $20,000,000)’’. percent of the Federal funds:’’. paragraph captioned STATE AND LOCAL H.R. 2847 H.R. 2847 LAW ENFORCEMENT ASSISTANCE, after OFFERED BY: MR. SCHOCK the dollar amount, insert the following: ‘‘(in- OFFERED BY: MR. MURPHY OF CONNECTICUT creased by $5,000,000)’’. AMENDMENT NO. 13: Page 6, line 12, after AMENDMENT NO. 21: Page 17, line 12, after Under title II, after the paragraph cap- the dollar amount insert ‘‘(increased by the dollar amount, insert ‘‘(reduced by tioned STATE AND LOCAL LAW ENFORCE- $1,500,000)’’. $2,460,000)’’. MENT ASSISTANCE, subsection (7), after Page 17, line 12, after the dollar amount in- Page 45, line 1, after the dollar amount, in- the dollar amount, insert the following: ‘‘(in- sert ‘‘(reduced by $1,500,000)’’. sert ‘‘(increased by $2,460,000)’’. creased by $5,000,000)’’. H.R. 2847 Page 45, line 4, after the dollar amount, in- Under title IV, after the paragraph cap- OFFERED BY: MRS. BIGGERT sert ‘‘(increased by $2,460,000)’’. tioned LEGAL SERVICES CORPORATION, AMENDMENT NO. 14: Page 13, line 11, insert H.R. 2847 after the first dollar amount in the first sen- after the dollar amount ‘‘(reduced by OFFERED BY: MS. WATERS tence, inserting the following: ‘‘(decreased $25,491,000)’’. AMENDMENT NO. 22: Page 22, line 8, insert by $5,000,000)’’. Page 32, line 21, insert after the dollar ‘‘(decreased by $1,000,000)’’ after the dollar H.R. 2847 amount ‘‘(increased by $25,491,000)’’. amount. OFFERED BY: MR. HENSARLING H.R. 2847 Page 49, line 16, insert ‘‘(increased by AMENDMENT NO. 6: In title IV, strike the OFFERED BY: MR. ROE OF TENNESSEE $1,000,000)’’ after the dollar amount. heading ‘‘Legal Services Corporation’’ and AMENDMENT NO. 15: Page 13, line 11, after H.R. 2847 both paragraphs under that heading includ- the dollar amount insert ‘‘(reduced by OFFERED BY: MR. KING OF IOWA ing their subheadings. $111,256,000)’’. AMENDMENT NO. 23: Page 32, line 21, insert H.R. 2847 H.R. 2847 ‘‘(increased by $1,000,000) (decreased by OFFERED BY: MR. GARRETT OF NEW JERSEY OFFERED BY: MR. LEE OF NEW YORK $1,000,000)’’ after the dollar amount. AMENDMENT NO. 7: At the end of title V, be- AMENDMENT NO. 16: Page 13, line 11, after H.R. 2847 fore the short title, insert the following: the dollar amount insert ‘‘(reduced by OFFERED BY: MR. MARSHALL ‘‘SEC. l. None of the funds made available $129,000,000)’’. AMENDMENT NO. 24: Page 48, Line 17, after in this Act may be used to make full or par- the dollar amount insert ‘‘(increased by tial completion of the American Community H.R. 2847 $100,000,000)’’ Survey mandatory or to enforce civil pen- OFFERED BY: MR. STEARNS Page 67, Line 16, after the dollar amount alties, including fines, for failure to com- AMENDMENT NO. 17: Page 13, line 11, after insert ‘‘(decrease by $25,000,000)’’ plete the Survey in its entirety.’’ the dollar amount, insert ‘‘(reduced by Page 68, Line 19, after the dollar amount H.R. 2847 $100,000,000)’’. insert ‘‘(decrease by $25,000,000)’’ Page 47, line 22, after the dollar amount, OFFERED BY: MR. SCHOCK Page 69, Line 9, after the dollar amount in- insert ‘‘(increased by $100,000,000)’’. AMENDMENT NO.8: Page 3, line 4, after the sert ‘‘(decrease by $25,000,000)’’ Page 48, line 17, after the dollar amount, Page 70, Line 18, after the dollar amount dollar amount, insert ‘‘(increased by insert ‘‘(increased by $100,000,000)’’. $500,000)’’. insert ‘‘(decrease by $25,000,000)’’ H.R. 2847 Page 7, line 5, after the dollar amount, in- H.R. 2847 sert ‘‘(reduced by $500,000)’’. OFFERED BY: MRS. CAPITO OFFERED BY: MR. ROE OF TENNESSEE H.R. 2847 AMENDMENT NO. 18: Page 13, line 11, insert AMENDMENT NO. 25: Page 38, line 13, after ‘‘(reduced by $10,000,000)’’ after OFFERED BY: MR. SCHOCK the dollar amount, insert ‘‘(reduced by ‘‘$3,198,793,000’’. $97,400,000)’’. AMENDMENT NO.9: Page 3, line 4, after the Page 13, line 24, insert ‘‘(reduced by H.R. 2847 dollar amount, insert ‘‘(increased by $10,000,000)’’ after ‘‘$3,317,393,000’’. $500,000)’’. Page 13, line 25, insert ‘‘(reduced by OFFERED BY: MR. BURTON OF INDIANA Page 4, line 7, insert before the period at $10,000,000)’’ after ‘‘$3,198,793,000’’. AMENDMENT NO. 26: Page 38, line 13, after the end the following: ‘‘; Provided further, Page 48, line 21, insert ‘‘(increased by the dollar amount, insert ‘‘(reduced by That of the amount appropriated under this $10,000,000)’’ after ‘‘$30,000,000’’. $97,400,000)’’. heading $500,000 shall be used by the Inter- H.R. 2847 H.R. 2847 national Trade Administration to conduct a study and submit to Congress not later than OFFERED BY: MS. BORDALLO OFFERED BY: MR. CARDOZA 60 days after the date of the enactment of AMENDMENT NO. 19: Page 13, line 11, after AMENDMENT NO. 27. Page 38, line 13, after this Act a report on the economic impact, in- the dollar amount insert ‘‘(increased by the dollar amount, insert ‘‘(increased by cluding the loss of jobs in the United States, $500,000)’’. $50,000,000)’’.

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TEXAS the dollar amount, insert ‘‘(increased by H.R. 2847 AMENDMENT NO. 45: In the item relating to $15,000,000)’’. ‘‘Federal Prison System—Salaries and Ex- OFFERED BY: MR. PRICE OF GEORGIA Page 47, line 22, after the dollar amount, penses’’, after the dollar amount, insert ‘‘(re- insert ‘‘(reduced by $15,000,000)’’. AMENDMENT NO. 37: Page 78, line 17, after duced by $10,000,000)’’. Page 50, line 21, after the dollar amount, the first dollar amount, insert ‘‘(reduced by In the item relating to ‘‘Office of Justice insert ‘‘(reduced by $15,000,000)’’. $1)’’. Programs—Weed and Seed Program Fund’’, Page 78, line 17, after the second dollar H.R. 2847 after the dollar amount, insert ‘‘(increased amount, insert ‘‘(reduced by $1)’’. by $10,000,000)’’. OFFERED BY: MR. CARDOZA H.R. 2847 H.R. 2847 AMENDMENT NO. 29: Page 47, line 22, after OFFERED BY: MR. HENSARLING OFFERED BY: MR. NADLER OF NEW YORK the dollar amount, insert ‘‘(increased by $15,000,000)’’. AMENDMENT NO. 38: Page 78, strike line 14 AMENDMENT NO. 46: For ‘‘Violence Against Page 52, line 4, after the dollar amount, and all that follows through line 5 on page Women Prevention and Prosecution Pro- insert ‘‘(increased by $15,000,000)’’. 79. grams’’ for Jessica Gonzales Victim Assist- Page 75, line 18, after the dollar amount, H.R. 2847 ants, as authorized by section 2001(b)(13) of insert ‘‘(reduced by $15,000,000)’’. OFFERED BY: MR. HENSARLING part T of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. H.R. 2847 AMENDMENT NO. 39: Page 79, strike line 6 3796gg(b)(13)), and the amount otherwise pro- and all that follows through line 17. OFFERED BY: MR. GARRETT OF NEW JERSEY vided by this Act for ‘‘Department of Jus- AMENDMENT NO. 30: Page 47, line 22, after H.R. 2847 tice—General Administration—Salaries and the dollar amount, insert ‘‘(increased by OFFERED BY: MRS. MCCARTHY OF NEW YORK Expenses’’ is hereby reduced by, $5,000,000. $5,000,000)’’. AMENDMENT NO. 40: Page 101, after line 20, H.R. 2847 Page 49, line 19, after the dollar amount, insert the following: OFFERED BY: MR. POSEY insert ‘‘(increased by $5,000,000)’’. TITLE VI Page 78, line 17, after the first dollar AMENDMENT NO. 47: In the item relating to amount, insert ‘‘(reduced by $5,000,000)’’. ADDITIONAL GENERAL PROVISIONS ‘‘NATIONAL AERONAUTICS AND SPACE ADMINIS- TRATION—EXPLORATION’’, after the first dol- H.R. 2847 SEC. 601. (a) None of the funds made avail- able to the Attorney General in this Act may lar amount insert ‘‘(increased by OFFERED BY: MR. NADLER OF NEW YORK be used to destroy any identifying informa- $566,000,000)’’. AMENDMENT NO. 31: Page 45, line 1, after tion submitted to any system to implement In the item relating to ‘‘NATIONAL AERO- the dollar amount, insert ‘‘(reduced by section 922(t) of title 18, United States Code, NAUTICS AND SPACE ADMINISTRATION—SPACE $5,000,000)’’. by or on behalf of an individual described in OPERATIONS’’, after the first dollar amount Page 45, line 4, after the dollar amount, subsection (b) of this section. insert ‘‘(increased $250,000,000)’’, and after insert ‘‘(reduced by $5,000,000)’’. (b) An individual is described in this sub- the third dollar amount insert ‘‘(increased Page 45, line 13, after the dollar amount, section if the name of the individual appears by $250,000,000)’’. insert ‘‘(reduced by $5,000,000)’’. in— H.R. 2847 Page 56, line 23, after the dollar amount, (1) the Violent Gang Terrorist Organiza- OFFERED BY: MR. BROUN OF GEORGIA insert ‘‘(increased by $5,000,000)’’. tion File maintained by the Department of AMENDMENT NO. 48: At the appropriate Page 58, line 19, after the dollar amount, Justice or place in the bill insert the following insert ‘‘(increased by $5,000,000)’’. (2) the database of terrorist watch lists SEC. . The amount of the discretionary Page 58, line 21, after the dollar amount, maintained by the Federal Bureau of Inves- appropriations otherwise made available in insert ‘‘(increased by $5,000,000)’’. tigation. this Act for any department or agency is H.R. 28471 H.R. 2847 hereby reduced by .5 percent. 1OFFERED BY: MS. GINNY BROWN-WAITE OF OFFERED BY: MR. BOSWELL H.R. 2847 FLORIDA AMENDMENT NO. 41: In the item relating to OFFERED BY: MR. CASSIDY AMENDMENT NO. 32: Page 66, before line 15 ‘‘Department of Justice—General Adminis- AMENDMENT NO. 49: Strike section 212. (before the short title for title II), insert the tration—Salaries and Expenses’’, after the H.R. 2847 following: first dollar amount, insert ‘‘(reduced by OFFERED BY: MR. BROUN OF GEORGIA SEC. ll. For ‘‘Federal Prison System— $2,500,000)’’. Salaries and Expenses’’ for hiring additional In the item relating to the ‘‘National AMENDMENT NO. 50: At the appropriate corrections officers, and the amount other- Criminal History Improvement’’ in para- place in the bill, insert the following: SEC. ll. The amount of the discretionary wise provided by this Act for ‘‘State and graph (25) under the heading ‘‘State and appropriations otherwise made available in Local Law Enforcement Assistance’’ for the Local Law Enforcement Assistance’’, after this Act for any department or agency is Tribal Courts Initiative is hereby reduced the dollar amount, insert ‘‘(increased by hereby reduced by an amount equal to the by, $15,000,000. $2,500,000)’’. unobligated balance (on the date of the en- H.R. 2847 H.R. 2847 actment of this Act) of the discretionary ap- OFFERED BY: MR. MCCARTHY OF CALIFORNIA OFFERED BY: MR. ROSKAM propriations made available for such depart- AMENDMENT NO. 33: Page 68, line 19, in- AMENDMENT NO. 42: In the item relating to ment or agency in division A of the Amer- sert ‘‘(increased by $50,000,000)’’ after ‘‘Department of Justice—General Adminis- ican Recovery and Reinvestment Act of 2009 ‘‘$3,293,200,000’’. tration—Salaries and Expenses’’ after (Public Law 111–5). Page 78, line 17, insert ‘‘(reduced by ‘‘$118,488,000’’ insert ‘‘(increased by $2,000,000) H.R. 2847 $50,000,000)’’ after ‘‘$440,000,000’’. (reduced by $2,000,000)’’. OFFERED BY: MR. HELLER Page 78, line 17, insert ‘‘(reduced by H.R. 2847 AMENDMENT NO. 51: At the end of the bill $50,000,000)’’ after ‘‘$414,400,000’’. OFFERED BY: MRS. BLACKBURN (before the short title), insert the following: H.R. 2847 AMENDMENT NO. 43: In paragraph (1) of the TITLE VI—ADDITIONAL GENERAL OFFERED BY: MR. PERLMUTTER item relating to ‘‘State and Local Law En- PROVISIONS AMENDMENT NO. 34: Page 68, line 19, after forcement Assistance’’, after the first dollar SEC. 601. None of the funds made available the dollar amount insert ‘‘(increased by amount, insert ‘‘(increased by $221,000,000)’’. in this Act for the State Criminal Alien As- $212,269,000)’’. In the item relating to ‘‘National Science sistance Program under the heading ‘‘State Page 71, lines 17 and 24, after the dollar Foundation—Research and Related Activi- and Local Law Enforcement Assistance’’ amount insert ‘‘(reduced by $212,269,000)’’. ties’’, after the first dollar amount, insert may be used for any State or local govern- H.R. 2847 ‘‘(reduced by $221,000,000)’’. ment that has any law, policy, or procedure OFFERED BY: MS. EDDIE BERNICE JOHNSON OF H.R. 2847 in effect that circumvents the enforcement TEXAS OFFERED BY: MRS. BLACKBURN of any Federal immigration law. AMENDMENT NO. 35: Page 75, line 7, insert AMENDMENT NO. 44: In paragraph (1) of the H.R. 2847 ‘‘: Provided further, That not less than item relating to ‘‘State and Local Law En- OFFERED BY: MR. BILBRAY $32,000,000 shall be available until expended forcement Assistance’’, after the first dollar AMENDMENT NO. 52: At the end of the bill for the Historically Black Colleges and Uni- amount, insert ‘‘(increased by $310,000,000)’’. (before the short title), insert the following:

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SEC. 535. None of the funds made available H.R. 2847 tunity Commission may be used for litiga- in this Act may be used to provide funds to OFFERED BY: MR. GINGREY OF GEORGIA tion expenses incurred in connection with any State or local government entity in vio- cases commenced after the date of the enact- AMENDMENT NO. 61: At the end of the bill lation of section 642(a) of the Illegal Immi- (before the short title), insert the following: ment of this Act against employers on the gration Reform and Immigrant Responsi- grounds that such employers require employ- TITLE VI—ADDITIONAL GENERAL bility Act of 1996 (8 U.S.C. 1373(a)). ees to speak English. PROVISIONS H.R. 2847 H.R. 2847 SEC. 601. None of the funds appropriated by OFFERED BY: MR. GOHMERT this Act may be used by the Director of the OFFERED BY: MR. STEARNS AMENDMENT NO. 53: At the end of the bill, Bureau of Alcohol, Tobacco, Firearms and AMENDMENT NO. 68: At the end of the bill, before the short title, insert the following Explosives to pay the compensation of em- before the short title, insert the following (and make such technical and conforming ployees of the Bureau of Alcohol, Tobacco, (and make such technical and conforming changes as may be appropriate): Firearms and Explosives to test and examine changes as may be appropriate): SEC. 534. None of the funds made available firearms without written and published test- SEC. 534. Each amount appropriated or oth- in this Act may be used to pay salaries or ex- ing standards. erwise made available by this Act that is not required to be appropriated or otherwise penses related to the Presidential Task H.R. 2847 Force on the Auto Industry. made available by a provision of law is here- OFFERED BY: MR. QUIGLEY H.R. 2847 by reduced by 1 percent. AMENDMENT NO. 62: At the end of the bill FFERED BY: MR. MCCAUL H.R. 2847 O (before the short title), insert the following: OFFERED BY: MR. TIAHRT AMENDMENT NO. 54: At the end of the bill SEC. ll. None of the funds made available (before the short title), insert the following: in this Act may be used for either the con- AMENDMENT NO. 69: At the end of the bill SEC. ll. None of the funds made available struction or rental of infrastructure that (before the short title), insert the following: SEC. . None of the funds made available in this Act may be used for a project or pro- does not comply with both the General Serv- ll in this Act may be used to obligate, or pay gram named for an individual then serving ices Administration Sustainable Design Pro- the salary or expenses of personnel who obli- as a Member, Delegate, Resident Commis- gram for Federal buildings and the Public gate, funds made available under the fol- sioner, or Senator of the United States Con- Buildings Service Project Plan. lowing headings in title II of division A of gress. H.R. 2847 H.R. 2847 Public Law 111–5: OFFERED BY: MR. NUNES (1) ‘‘Economic Development Administra- OFFERED BY: MR. WITTMAN AMENDMENT NO. 63: At the end of the bill tion—Economic Development Assistance AMENDMENT NO. 55: At the end of the bill, (before the short title), insert the following: Programs’’. before the short title, insert the following SEC. ll. None of the funds made available (2) ‘‘National Telecommunications and In- (and make such technical and conforming in this Act may be used to implement the bi- formation Administration—Digital-to-Ana- changes as may be appropriate): ological opinion entitled ‘‘Biological Opinion log Converter Box Program’’. SEC. 534. Each amount appropriated or oth- and Conference Opinion on the Long–Term (3) ‘‘National Institute of Standards and erwise made available by this Act that is not Operations of the Central Valley Project and Technology—Construction of Research Fa- required to be appropriated or otherwise State Water Project’’, issued by the National cilities’’. made available by a provision of law is here- Marine Fisheries Service and dated June 4, H.R. 2847 by reduced by 0.5 percent. 2009. OFFERED BY: MR. CONAWAY H.R. 2847 H.R. 2847 AMENDMENT NO. 70: At the end of the bill OFFERED BY: MR. WITTMAN OFFERED BY: MR. POSEY (before the short title), insert the following: AMENDMENT NO. 56: At the end of the bill, AMENDMENT NO. 64: Amendment to the end SEC. ll. It is the sense of the House of before the short title, insert the following of the bill: Representatives that any reduction in the (and make such technical and conforming ADDITIONAL GENERAL PROVISION amount appropriated by this Act achieved as changes as may be appropriate): a result of amendments adopted by the The amounts otherwise provided by this SEC. 534. Each amount appropriated or oth- House should be dedicated to deficit reduc- Act are revised by the following: erwise made available by this Act that is not tion. In the item relating to ‘‘NATIONAL AER- required to be appropriated or otherwise H.R. 2847 made available by a provision of law is here- ONAUTICS AND SPACE ADMINISTRA- OFFERED BY: MR. BURTON OF INDIANA by reduced by 1 percent. TION—EXPLORATION’’, after the first dol- lar amount insert ‘‘(increased by AMENDMENT NO. 71: At the end of the bill, H.R. 2847 $566,000,000)’’. before the short title, insert the following: OFFERED BY: MR. WITTMAN In the item relating to ‘‘NATIONAL AER- SEC. ll. None of the funds made available AMENDMENT NO. 57: At the end of the bill, ONAUTICS AND SPACE ADMINISTRA- in this Act may be used to relocate the Of- before the short title, insert the following TION—SPACE OPERATIONS’’, after the fice of the Census or employees from the De- (and make such technical and conforming first dollar amount insert ‘‘(increased by partment of Commerce to the jurisdiction of changes as may be appropriate): $250,000,000)’’, and after the third dollar the Executive Office of the President. SEC. 534. Each amount appropriated or oth- amount insert ‘‘(increased by $250,000,000)’’. H.R. 2847 erwise made available by this Act that is not H.R. 2847 OFFERED BY MR. BURTON OF INDIANA required to be appropriated or otherwise OFFERED BY: MR. BURTON AMENDMENT NO. 72: At the end of the bill made available by a provision of law is here- (before the short title), insert the following: by reduced by 2 percent. AMENDMENT NO. 65: At the end of the bill (before the short title), insert the following: SEC. ll. None of the funds made available H.R. 2847 SEC. ll. None of the funds made available in this Act may be used to adjudicate or as- OFFERED BY: MR. BROUN OF GEORGIA in this Act may be used to adjudicate or as- sist in a lawsuit seeking to prevent the en- AMENDMENT NO. 58: At the end of the bill sist in a lawsuit about the definition of mar- forcement of the Defense of Marriage Act (before the short title) the following: riage as between a man and a woman. (Public Law 104-199). SEC. 534. None of the funds available in this H.R. 2847 H.R. 2847 Act may be used to carry out or enforce sec- OFFERED BY: MR. AKIN OFFERED BY: MR. ROGERS OF MICHIGAN tion 5 of the Voting Rights Act of 1965 (42 AMENDMENT NO. 73: At the end of the bill U.S.C. 1973c). AMENDMENT NO. 66: At the end of the bill (before the short title), insert the following: (before the short title) insert the following: H.R. 2847 SEC. ll. None of the funds provided in SEC. 534. None of the funds available in this OFFERED BY: MR. BROUN OF GEORGIA this Act may be used by the Bureau of the Act may be used to provide rights under Mi- AMENDMENT NO. 59: At the end of the bill, Census to provide any grant to or contract randa v. Arizona, 384 U.S. 436 (1966) by the before the short title, insert the following with any organization that has been in- Department of Justice, including all compo- new section: dicted, or employ or contract with any indi- nent agencies, to detainees in the custody of SEC. 535. None of the funds made available vidual who has been indicted, for a violation the armed forces of the United States in Af- by this Act shall be used to establish or im- under Federal law relating to an election for ghanistan. plement a National Climate Service. Federal office. H.R. 2847 H.R. 2847 H.R. 2847 OFFERED BY: MR. BARRETT OF SOUTH CAROLINA OFFERED BY: MR. BROUN OF GEORGIA OFFERED BY: MR. STEARNS AMENDMENT NO. 74: At the end of the bill AMENDMENT NO. 60: At the end of the bill AMENDMENT NO. 67: At the end of the bill, (before the short title), insert the following: before the short title, insert the following (before the short title), insert the following: SEC. ll. None of the funds made available (and make such technical and conforming TITLE VI—ADDITIONAL GENERAL in this Act may, for purposes of carrying out changes as may be appropriate): PROVISIONS the 2010 decennial census, be used to apply SEC. 534. None of the funds made available SEC. ll. None of the funds made available the statistical method known as ‘‘sampling’’. in this Act for the Equal Employment Oppor- in this Act under the heading ‘‘Violence

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Against Women Prevention and Prosecution SEC. ll. None of the funds provided in H.R. 2847 Programs’’ for grants to combat violence this Act under the heading ‘‘National Oce- OFFERED BY: MR. FLAKE against women, as authorized by part T of anic and Atmospheric Administration—Oper- AMENDMENT NO. 88: At the end of the bill the Omnibus Crime Control and Safe Streets ations, Research, and Facilities’’ shall be (before the short title), insert the following: Act of 1968, may be used to carry out any ac- available for the Shrimp Industry Fishing SEC. ll. None of the funds provided in tivity not authorized under part T of such Effort Research Continuation project of the this Act under the heading ‘‘National Oce- Act. National Marine Fisheries Service, Silver anic and Atmospheric Administration—Oper- H.R. 2847 Spring, Maryland, and the amount otherwise ations, Research, and Facilities’’ shall be OFFERED BY: MR. HENSARLING provided under such heading (and the portion available for the Great Lakes Water Project of such amount specified for Congression- AMENDMENT NO. 75: At the end of the bill, of the Great Lakes Science Center, Cleve- before the short title, insert the following ally-designated items) are hereby reduced by land, Ohio, and the amount otherwise pro- new section: $700,000. vided under such heading (and the portion of SEC. 535. None of the funds made available H.R. 2847 such amount specified for Congressionally- by this Act may be used to enforce section OFFERED BY: MR. FLAKE designated items) are hereby reduced by 526 of the Energy Independence and Security AMENDMENT NO. 83: At the end of the bill $250,000. Act of 2007. (before the short title), insert the following: H.R. 2847 H.R. 2847 EC S . ll. None of the funds provided in OFFERED BY: MR. FLAKE OFFERED BY: MR. HENSARLING this Act under the heading ‘‘National Oce- AMENDMENT NO. 89: At the end of the bill AMENDMENT NO. 76: At the end of the bill anic and Atmospheric Administration—Oper- ations, Research, and Facilities’’ shall be (before the short title), insert the following: (before the short title), insert the following: SEC. ll. None of the funds provided in SEC.—.None of the funds made available by available for the Natural Stream Design and this Act under the heading ‘‘National Oce- this Act may be used the Maine Department Restoration project of the West Virginia De- anic and Atmospheric Administration—Oper- of Marine Resources, Augusta, ME, for Maine partment of Natural Resources, Charleston, ations, Research, and Facilities’’ shall be Lobster Research and Inshore Trawl Survey. West Virginia, and the amount otherwise available for the Eastern Kentucky PRIDE, provided under such heading (and the portion H.R. 2847 Inc., project of Eastern Kentucky PRIDE, of such amount specified for Congression- OFFERED BY: MR. HENSARLING Inc., Somerset, Kentucky, and the amount ally-designated items) are hereby reduced by AMENDMENT NO. 77: At the end of the bill otherwise provided under such heading (and $750,000. (before the short title), insert the following: the portion of such amount specified for Con- SEC.—. None of the funds made available H.R. 2847 gressionally-designated items) are hereby re- by this Act may be used by the Marine Mam- OFFERED BY: MR. FLAKE duced by $1,000,000. mal Center, Sausalito, CA, for Emergency AMENDMENT NO. 84: At the end of the bill H.R. 2847 Response and Health Investigations for En- (before the short title), insert the following: OFFERED BY: MR. FLAKE dangered and Threatened Pinniped Popu- SEC. ll. None of the funds provided in lations in the Pacific. this Act under the heading ‘‘National Oce- AMENDMENT NO. 90: At the end of the bill H.R. 2847 anic and Atmospheric Administration—Oper- (before the short title), insert the following: SEC. ll. None of the funds provided in OFFERED BY: MR. HENSARLING ations, Research, and Facilities’’ shall be this Act under the heading ‘‘National Oce- AMENDMENT NO. 78: At the end of the bill available for the Institute for Seafood Stud- ies project of the Nicholls State University anic and Atmospheric Administration—Oper- (before the short title), insert the following: ations, Research, and Facilities’’ shall be SEC. ll . None of the funds made available Department of Biological Sciences, available for the Maine Lobster Research by this Act may be used by the Woodstock Thibodaux, Louisiana, and the amount oth- and Inshore Trawl Survey of the Maine De- Film Festival, Woodstock, NY, for the Wood- erwise provided under such heading (and the partment of Marine Resources, Augusta, stock Film Festival Youth Initiative/Youth portion of such amount specified for Con- Maine, and the amount otherwise provided at Risk. gressionally-designated items) are hereby re- duced by $325,000. under such heading (and the portion of such H.R. 2847 amount specified for Congressionally-des- H.R. 2847 OFFERED BY: MR. HENSARLING ignated items) are hereby reduced by AMENDMENT NO. 79: At the end of the bill OFFERED BY: MR. FLAKE $200,000. (before the short title), insert the following: AMENDMENT NO. 85: At the end of the bill H.R. 2847 SEC. ll . None of the funds made available (before the short title), insert the following: by this Act may be used by the Art Center of SEC. ll. None of the funds provided in OFFERED BY: MR. FLAKE the Grand Prairie, Stuttgart, AR, for the this Act under the heading ‘‘National Aero- AMENDMENT NO. 91: At the end of the bill Grand Prairie Arts Initiative. nautics and Space Administration—Cross (before the short title), insert the following: H.R. 2847 Agency Support’’ shall be available for the SEC. ll. None of the funds provided in this Act under the heading ‘‘National Oce- OFFERED BY: MR. FLAKE Drew University Environmental Science Ini- tiative of Drew University, Madison, New anic and Atmospheric Administration—Oper- AMENDMENT NO. 80: At the end of the bill Jersey, and the amount otherwise provided ations, Research, and Facilities’’ shall be (before the short title), insert the following: under such heading (and the portion of such available for the Science Education Through SEC. ll. None of the funds provided in this Act under the heading ‘‘National Oce- amount specified for Congressionally-des- Exploration project of the JASON Project, anic and Atmospheric Administration—Oper- ignated items) are hereby reduced by Ashburn, Virginia, and the amount otherwise ations, Research, and Facilities’’ shall be $1,000,000. provided under such heading (and the portion available for the Yukon River Drainage Fish- H.R. 2847 of such amount specified for Congression- ally-designated items) are hereby reduced by eries Association, Anchorage, Alaska, and OFFERED BY: MR. FLAKE $4,000,000. the amount otherwise provided under such AMENDMENT NO. 86: At the end of the bill heading (and the portion of such amount (before the short title), insert the following: H.R. 2847 specified for Congressionally-designated SEC. ll. None of the funds provided in OFFERED BY: MR. LAMBORN items) are hereby reduced by $100,000. this Act under the heading ‘‘National Aero- AMENDMENT NO. 92: At the end of the bill H.R. 2847 nautics and Space Administration—Cross (before the short title), insert the following: OFFERED BY: MR. FLAKE Agency Support’’ shall be available for the SEC. . None of the funds appropriated AMENDMENT NO. 81: At the end of the bill Innovative Science Learning Center of by this Act may be used by the Bureau of (before the short title), insert the following: ScienceSouth, Florence, South Carolina, and Prisons to incarcerate individuals currently SEC. ll. None of the funds provided in the amount otherwise provided under such held in the Naval Station, Guantanamo Bay, this Act under the heading ‘‘National Oce- heading (and the portion of such amount Cuba anic and Atmospheric Administration—Oper- specified for Congressionally-designated H.R. 2847 ations, Research, and Facilities’’ shall be items) are hereby reduced by $500,000. OFFERED BY: MR. LINDER available for the Oyster Hatchery Economic H.R. 2847 AMENDMENT NO. 93: At the end of the bill Pilot Program of the Morgan State Univer- OFFERED BY: MR. FLAKE sity Estuarine Research Center, St. Leonard, (before the short title), insert the following: AMENDMENT NO. 87: At the end of the bill Maryland, and the amount otherwise pro- SEC. 534. None of the funds available in this (before the short title), insert the following: vided under such heading (and the portion of Act may be used by the Department of Jus- SEC. ll. None of the funds provided in such amount specified for Congressionally- tice for carrying out or enforcing compliance this Act under the heading ‘‘Department of with section 5 of the Voting Rights Act of designated items) are hereby reduced by Justice—General Administration—National $200,000. 1965 (42 U.S.C. 1973c). Drug Intelligence Center’’ shall be available H.R. 2847 H.R. 2847 for operations of the National Drug Intel- OFFERED BY: MR. FLAKE ligence Center, and the amount otherwise OFFERED BY: MR. PENCE AMENDMENT NO. 82: At the end of the bill provided under such heading is hereby re- AMENDMENT NO. 94: At the end of the bill (before the short title), insert the following: duced by $44,023,000. (before the short title), insert the following:

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SEC. 535. None of the funds made available Bureau of the Census unless, effective begin- H.R. 2847 in this Act may be used to enforce any of the ning with the 2010 decennial census of popu- OFFERED BY: MR. CAMPBELL amendments made by subtitle A of title II of lation, in taking any tabulation of total pop- the Bipartisan Campaign Reform Act of 2002 ulation by States under section 141(a) of title AMENDMENT NO. 106: At the end of the bill (Public Law 107-155). 13, United States Code, for purposes of the (before the short title), insert the following: SEC. ll. None of the funds provided in H.R. 2847 apportionment of Representatives in Con- gress among the several States, the Sec- this Act under the heading ‘‘National Oce- OFFERED BY: MR. PRICE OF GEORGIA retary of Commerce takes appropriate meas- anic and Atmospheric Administration—Oper- AMENDMENT NO. 95: At the end of the bill ures to ensure, to the maximum extent prac- ations, Research, and Facilities’’ shall be (before the short title), insert the following: ticable, that all Americans residing abroad available for the Steller Sea Lion Comanage- SEC. ll . Appropriations made in Title I on the decennial census date are fully and ment, Biosampling and Outreach/Education of this Act are hereby reduced in the amount accurately counted, and are properly attrib- project of The Alaska Sea Otter and Steller of $100,000,000. uted to their respective States. Sea Lion Commission, Old Harbor, Alaska, H.R. 2847 (b) The measures described in subsection and the amount otherwise provided under such heading (and the portion of such OFFERED BY: MR. PRICE OF GEORGIA (a) shall include at least the following: (1) One or more methods by which, at the amount specified for Congressionally-des- AMENDMENT NO. 96: At the end of the bill request of a non-governmental organization, ignated items) are hereby reduced by (before the short title), insert the following: administrative records of such organization $500,000. SEC. ll . Appropriations made in Title II may, if such records satisfy such criteria as H.R. 2847 of this Act are hereby reduced in the amount the Secretary may establish, be used to enu- OFFERED BY: MR. CAMPBELL of $100,000,000. merate members of such organization who H.R. 2847 are residing overseas as of the decennial cen- AMENDMENT NO. 107: At the end of the bill (before the short title), insert the following: OFFERED BY: MR. PRICE OF GEORGIA sus date. SEC. ll. None of the funds provided in AMENDMENT NO. 97: At the end of the bill (2) One or more methods under which an this Act under the heading ‘‘National Oce- (before the short title), insert the following: international ‘‘Be Counted’’ form may be anic and Atmospheric Administration—Oper- SEC. . Appropriations made in this Act completed at an embassy of the United ll ations, Research, and Facilities’’ shall be are hereby reduced in the amount of States by Americans residing overseas as of available for the Summer Flounder and $644,150,000. the decennial census date. (c) Nothing in this section may be consid- Black Sea Initiative project of the Partner- H.R. 2847 ered— ship for Mid-Atlantic Fisheries, Point Pleas- OFFERED BY: MR. HODES (1) to affect the methods used in the enu- ant Beach, New Jersey, and the amount oth- AMENDMENT NO. 98: At the end of the bill meration of any civilian or military per- erwise provided under such heading (and the (before the short title), insert the following: sonnel of the United States; or portion of such amount specified for Con- SEC. ll. The Director of the Office of (2) to permit or require that the data ob- gressionally-designated items) are hereby re- Management and Budget shall instruct any tained under this subsection be used for any duced by $600,000. department, agency, or instrumentality of purpose other than the apportionment of H.R. 2847 Representatives in Congress among the sev- the United States Government receiving OFFERED BY: MR. CAMPBELL funds appropriated under this Act to track eral States. undisbursed balances in expired grant ac- H.R. 2847 AMENDMENT NO. 108: At the end of the bill (before the short title), insert the following: counts and include in its annual performance OFFERED BY: MR. CUELLAR SEC. ll. None of the funds provided in plan and performance and accountability re- AMENDMENT NO. 102: At the end of the bill, this Act under the heading ‘‘International ports the following: before the short title, insert the following Trade Administration—Operations and Ad- (1) Details on future action the depart- new section: ministration’’ shall be available for the Tex- ment, agency, or instrumentality will take SEC. 535. None of the funds made available tile Research Programs project of the Tex- to resolve undisbursed balances in expired in this Act may be used to purchase light tile/Clothing Textile Corporation, Raleigh, grant accounts. bulbs unless the light bulbs have the ‘‘En- North Carolina, and the amount otherwise (2) The method that the department, agen- ergy Star’’ or ‘‘Federal Energy Management provided under such heading (and the portion cy, or instrumentality uses to track Program’’ designation. of such amount specified for Congression- undisbursed balances in expired grant ac- H.R. 2847 counts. ally-designated items) are hereby reduced by OFFERED BY: MR. MCDERMOTT (3) Identification of undisbursed balances $965,000. in expired grant accounts that may be re- AMENDMENT NO. 103: At the end of the bill H.R. 2847 turned to the Treasury of the United States. (before the short title), insert the following: SEC. ll. None of the funds made available OFFERED BY: MRS. BLACKBURN (4) In the preceding 3 fiscal years, details in this Act may be used in contravention of on the total number of expired grant ac- AMENDMENT NO. 109: At the end of the bill, section 307 of the Tariff Act of 1930 (19 U.S.C. counts with undisbursed balances (on the before the short title, insert the following 1307). first day of each fiscal year) for the depart- (and make such technical and conforming ment, agency, or instrumentality and the H.R. 2847 changes as may be appropriate): total finances that have not been obligated OFFERED BY: MR. CAMPBELL SEC. 534. Each amount appropriated or oth- to a specific project remaining in the ac- AMENDMENT NO. 104: At the end of the bill erwise made available by this Act that is not counts. (before the short title), insert the following: required to be appropriated or otherwise made available by a provision of law is here- H.R. 2847 SEC. ll. None of the funds provided in this Act under the heading ‘‘Minority Busi- by reduced by 1 percent. OFFERED BY: MR. GARRETT OF NEW JERSEY ness Development Agency—Minority Busi- H.R. 2847 AMENDMENT NO. 99: At the end of the bill, ness Development’’ shall be available for the OFFERED BY: MR. CARDOZA before the short title, insert the following: Jamaica Chamber of Commerce, Jamaica, SEC. ll. None of the funds made available NY, for the Jamaica Export Center, and the AMENDMENT NO. 110: At the end of the bill in this Act may be used to make full or par- amount otherwise provided under such head- (before the short title), insert the following: tial completion of the American Community ing (and the portion of such amount specified TITLE VI—ADDITIONAL GENERAL Survey mandatory or to enforce civil pen- for Congressionally designated items) are PROVISIONS alties, including fines, for failure to com- hereby reduced by $100,000. SEC. ll. For ‘‘Federal Prison System— plete the Survey in its entirety. H.R. 2847 Salaries and Expenses’’ for hiring additional H.R. 2847 OFFERED BY: MR. CAMPBELL corrections officers, and the amount other- OFFERED BY MR. JORDAN OF OHIO AMENDMENT NO. 105: At the end of the bill wise provided by this Act for ‘‘National AMENDMENT NO. 100: At the end of the bill (before the short title), insert the following: Science Foundation—Research and Related (before the short title), insert the following: SEC. ll. None of the funds provided in Activities’’ for the procurement of polar SEC. l. Appropriations made in this Act this Act under the heading ‘‘National Oce- icebreaking services is hereby reduced by, are hereby reduced in the amount of anic and Atmospheric Administration—Oper- $50,000,000. $12,511,000,000. ations, Research, and Facilities’’ shall be H.R. 2847 available for the Training the Next Genera- H.R. 2847 tion of Weather Forecasters project of San OFFERED BY: MRS. BLACKBURN OFFERED BY: MR. BISHOP OF UTAH Jose State University, San Jose, California, AMENDMENT NO. 111: At the end of the bill, AMENDMENT NO. 101: At the end of the bill and the amount otherwise provided under before the short title, insert the following (before the short title), insert the following: such heading (and the portion of such (and make such technical and conforming SEC. 535. (a) None of the funds made avail- amount specified for Congressionally des- changes as may be appropriate): able in this Act for the Bureau of the Census ignated items) are hereby reduced by SEC. 534. Each amount appropriated or oth- may be used for salaries and expenses of the $180,000. erwise made available by this Act that is not

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required to be appropriated or otherwise SEC. 534. None of the funds made available California Community Network, Citizens for made available by a provision of law is here- in this Act may be used to pay the salary of April Troope, Clean Government Pact, Chi- by reduced by 5 percent. any individual currently participating on the cago Organizing and Support Center, Inc., H.R. 2847 entity known as the ‘‘Presidential Task Council Health Plan, Citizens Services Soci- Force on the Auto Industry’’. OFFERED BY: MRS. BLACKBURN ety, Campaign For Justice at Avondale, H.R. 2847 CLOC, Community and Labor for Baltimore, AMENDMENT NO. 112: At the end of the bill, before the short title, insert the following OFFERED BY: MR. LEWIS OF CALIFORNIA Chief Organizer Fund, Colorado Organizing (and make such technical and conforming AMENDMENT NO. 118: At the end of the bill and Support Center, Community Real Estate changes as may be appropriate): (before the short title), insert the following: Processing, Inc., Campaign to Reward Work, SEC. 534. Each amount appropriated or oth- ‘‘SEC. . None of the funds made available Citizens Services Incorporated, Elysian erwise made available by this Act that is not in this Act may be used to implement Execu- Fields Corporation, Environmental Justice required to be appropriated or otherwise tive Order 13492, issued January 22, 2009, ti- Training Project, Inc., Franklin Acorn Hous- made available by a provision of law is here- tled ‘‘Review and Disposition of Individuals ing Corporation, Flagstaff Broadcast Foun- by reduced by 2 percent. Detained at the Guantanamo Bay Naval Base dation, Floridians for All PAC, Fifteenth H.R. 2847 and Closure of Detention Facilities’’.’’ Street Corporation, Friends of Wendy Foy, H.R. 2847 OFFERED BY: MR. REICHERT Greenwell Springs Corporations, Genevieve OFFERED BY: MR. LEWIS OF CALIFORNIA Stewart Campaign Fund, Hammurabi Fund, AMENDMENT NO. 113: At the end of the bill Houston Organizing Support Center, Hospi- (before the short title), insert the following: AMENDMENT NO. 119: At the end of the bill (before the short title), insert the following: tality Hotel and Restaurant Org. Council, TITLE VI—ADDITIONAL GENERAL ‘‘SEC. . None of the funds made available Iowa ACORN Broadcasting Corp., Illinois PROVISIONS in this Act may be used to implement Execu- Home Day Care Workers Association, Inc., SEC. ll. For ‘‘Office on Violence Against tive Order 13492 issued January 22, 2009, ti- Illinois Acorn Political Action Committee, Women—Violence Against Women Preven- tled ‘‘Review and Disposition of Individuals Illinois New Party, Illinois New Party Polit- tion and Prosecution Programs’’ for the Sup- Detained at the Guantanamo Bay Naval Base ical Committee, Institute for Worker Edu- porting Teens through Education and Pro- and Closure of Detention Facilities’’.’’ cation, Inc., Jefferson Association of parish tection program, as authorized by section H.R. 2847 41204 of the Violence Against Women Act of Employees, Jefferson Association of School 1994 (42 U.S.C. 14043c), and the amount other- OFFERED BY: MR. KING OF IOWA Employees, Johnnie Pugh Campaign Fund, wise provided by this Act for ‘‘Departmental AMENDMENT NO. 120: At the end of the bill, Louisiana ACORN Political Action Com- management—Salaries and expenses’’ is before the short title, insert the following: mittee, Louisiana Acorn Fair Housing, Inc., hereby reduced by, $5,000,000. SECTION. ll. None of the funds made Labor Neighbor Research & Training Center, H.R. 2847 available by this Act shall be made available Inc. Service Employee Int. UNION L100, to the Association of Community Organiza- Local 100 Health and Welfare Fund, Local 100 OFFERED BY: MR. REICHERT tions for Reform Now, Acorn Beneficial Political Action Committee, Local 100 Re- AMENDMENT NO. 114: At the end of the bill Assoc., Inc., Arkansas Broadcast Founda- tirement Plan, Service Employees Inter- (before the short title), insert the following: tion, Inc., Acorn Children’s Beneficial national Union L880, Local 880 SEIU Polit- TITLE VI—ADDITIONAL GENERAL Assoc., Arkansas Community Housing Corp., ical Action Committee, Local 880 SEIU Acorn Community Land Assoc., Inc., Acorn PROVISIONS Power Political Action Committee, Massa- Community Land Assoc. of Illinois, Acorn SEC. ll. For ‘‘Office on Violence Against chusetts ACORN Political Action Com- Community Land Association of Louisiana, Women—Violence Against Women Preven- mittee, Maryland ACORN Political Action tion and Prosecution Programs’’ for the Sup- Acorn Community Land Assoc. of Pennsyl- vania, ACORN COMMUNITY LABOR ORGA- Committee, Mott Haven ACORN Housing De- porting Teens through Education and Pro- velopment Fund, Mutual Housing Associa- tection program, as authorized by section NIZING CENTER, ACORN Beverly LLC, tion of New York, Inc., MHANY A/A/F Neigh- 41204 of the Violence Against Women Act of ACORN Canada, ACORN Center for Housing, borhood Restore HDFC, MHANY 2003 HOUS- 1994 (42 U.S.C. 14043c), and the amount other- ACORN Housing Affordable Loans LLC, ING DEVELOPMENT FUND CORPORA- wise provided by this Act for ‘‘Departmental Acorn Housing 1 Associates, LP, Acorn Hous- management—Salaries and expenses’’ is ing 2 Associates, LP, ACORN Housing 3 Asso- TION, Missouri Home Day Care Workers As- hereby reduced by, $2,500,000. ciates LP, ACORN Housing 4 Associates, sociation Inc., McClellan Multi Family Cor- L.P., ACORN International, ACORN VOTES, poration, Minnesota ACORN Political Action H.R. 2847 Acorn 2004 Housing Development Fund Cor- Committee, Neighbors for Athelia Ray, OFFERED BY: MR. TIAHRT poration, ACRMW, ACSI, Acorn Cultural Neighbors for Maria Torres, Neighbors for AMENDMENT NO. 115: At the end of the bill Trust, Inc., American Environmental Justice Ted Thomas, New Mexico ACORN Fair Hous- (before the short title), insert the following: Project, Inc., ACORN Fund, Inc., Acorn Fair ing, Inc., New Mexico ACORN Political Ac- Housing Organization, Inc., Acorn Foster SEC. II. None of the funds made available tion Committee, New Mexico Organizing Parents, Inc., Agape Broadcast Foundation in this Act may be used to pay the salary or Support Center, New Orleans Campaign for Inc., Acorn Housing Corporation, Arkansas expenses of personnel who obligate, funds a, New York Agency for Community Affairs, Acorn Housing Corporation, Acorn Housing made available under the following headings Inc., New York Acorn Political Action Com- in title II of division A of Public Law 111–5: Corp. of Arizona, Acorn Housing Corp. of Illi- mittee, New York Organizing and Support (1) ‘‘Economic Development Administra- nois, Acorn Housing Corp. of Missouri, New Center, Oregon ACORN Political Action tion—Economic Development Assistance Jersey ACORN Housing Corporation, Inc., Committee, Pennsylvania ACORN Political Programs’’. AHCNY, Acorn Housing Corp. of Pennsyl- Action Committee, Pugh Election Com- (2) ‘‘National Telecommunications and In- vania, Texas ACORN Housing Corporation, formation Administration—Digital-to-Ana- Inc., American Institute for Social Justice, mittee, People’s Equipment Resource Cor- log Converter Box Program’’. Acorn law for Education, Rep. & Training, poration, Progressive Houston, Pennsylvania (3) ‘‘National Institute of Standards and Acorn Law Reform Pac, Affiliated Media Institute for Community Affairs, Inc., Phoe- Technology—Construction of Research Fa- Foundation Movement, Albuquerque Min- nix Organizing and Support Center, Inc., cilities’’. imum Wage Committee, Acorn National Progressive St. Louis, Referendum Com- Broadcasting Network, Arkansas New Party, H.R. 2847 mittee for an Accountable Future, Rhode Is- Arkansas Acorn Political Action Committee, land APAC, Sixth Avenue Corporation, San OFFERED BY: MR. MCHENRY Association for Rights of Citizens, Acorn Jacinto Street Corp., St. Louis Organizing AMENDMENT NO. 116: At the end of the bill, Services, Inc., Acorn Television in Action for and Support Center, Inc., St. Louis Tax Re- Communities, Acorn Tenants’ Union, Inc., insert the following: form Group, Inc., Service Workers Action Acorn Tenant Union Training & Org. SEC. ll. None of the funds made available Team, Texas United City-County Employees, Project, AWA, Baltimore Organizing Support in this Act to the Department of Commerce Texas United School Employees, Inc., United or the Bureau of the Census may be used to Center, Inc., Bronx Parent Leadership, Baton Security Workers for America, Local, Volun- carry out statistical sampling in violation of Rouge ACORN Education Project, Inc., teers for America, Inc., Voting for America, section 195 of title 13, United States Code. Baton Rouge Assoc. of School Employees, Broad Street Corporation, California Acorn Inc., Washington ACORN Political Action H.R. 2847 Political Action Committee, Citizens Action Committee, WARN, Working Families Asso- OFFERED BY: MR. SCHOCK Research project, Council Beneficial Associa- ciation, Inc., Wal-Mart Workers Association, AMENDMENT NO. 117: At the end of the bill, tion, Citizens Campaign for Fair Work, Liv- 385 Palmetto or 650 Political Action Com- before the short title, insert the following: ing Wage Etc., Citizens Consulting, Inc., mittee.

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None of the funds made available Training Project, Inc., Franklin Acorn Hous- ers Association, 385 Palmetto or 650 Political by this Act under ‘‘Bureau of the Census’’ ing Corporation, Flagstaff Broadcast Foun- Action Committee. shall be made available to the Association of dation, Floridians for All PAC, Fifteenth H.R. 2847 Community Organizations for Reform Now, Street Corporation, Friends of Wendy Foy, OFFERED BY: MR. KING OF IOWA Acorn Beneficial Assoc., Inc., Arkansas Greenwell Springs Corporations, Genevieve Broadcast Foundation, Inc., Acorn Children’s Stewart Campaign Fund, Hammurabi Fund, AMENDMENT NO. 122: At the end of the bill Beneficial Assoc., Arkansas Community Houston Organizing Support Center, Hospi- (before the short title), insert the following: Housing Corp., Acorn Community Land tality Hotel and Restaurant Org. Council, SEC. l. None of the funds made available Assoc., Inc., Acorn Community Land Assoc. Iowa ACORN Broadcasting Corp., Illinois in this Act may be used to employ workers of Illinois, Acorn Community Land Associa- Home Day Care Workers Association, Inc., described in section 274A(h)(3) of the Immi- tion of Louisiana, Acorn Community Land Illinois Acorn Political Action Committee, gration and Nationality Act (8 U.S.C. Assoc. of Pennsylvania, ACORN COMMU- Illinois New Party, Illinois New Party Polit- 1324a(h)(3)). NITY LABOR ORGANIZING CENTER, ical Committee, Institute for Worker Edu- H.R. 2847 ACORN Beverly LLC, ACORN Canada, cation, Inc., Jefferson Association of Parish OFFERED BY: MR. KING OF IOWA ACORN Center for Housing, ACORN Housing Employees, Jefferson Association of School Affordable Loans LLC, Acorn Housing 1 As- Employees, Johnnie Pugh Campaign Fund, AMENDMENT NO. 123: At the end of the bill sociates, LP, Acorn Housing 2 Associates, Louisiana ACORN Political Action Com- (before the short title), insert the following: LP, ACORN Housing 3 Associates LP, mittee, Louisiana Acorn Fair Housing, Inc., SEC. ll. None of the funds made available ACORN Housing 4 Associates, L.P., ACORN Labor Neighbor Research & Training Center, by this Act under ‘‘Bureau of the Census’’ International, ACORN VOTES, Acorn 2004 Inc., Service Employee Int UNION L100, shall be made available to the Association of Housing Development Fund Corporation, Local 100 Health and Welfare Fund, Local 100 Community Organizations for Reform Now. ACRMW, ACSI, Acorn Cultural Trust, Inc., Political Action Committee, Local 100 Re- H.R. 2847 American Environmental Justice Project, tirement Plan, Service Employees Inter- OFFERED BY: MR. KING OF IOWA Inc., ACORN Fund, Inc., Acorn Fair Housing national Union L880 SEIU Political Action AMENDMENT NO. 124: At the end of the bill Organization, Inc., Acorn Foster Parents, Committee, Local 880 SEIU Power Political (before the short title), insert the following: Inc., Agape Broadcast Foundation Inc., Action Committee, Massachusetts ACORN SEC. ll. None of the funds made available Acorn Housing Corporation, Arkansas Acorn Political Action Committee, Maryland under this Act shall be made available to the Housing Corporation, Acorn Housing Corp. of ACORN Political Action Committee, Mott Association of Community Organizations for Arizona, Acorn Housing Corp. of Illinois, Haven ACORN Housing Development Fund, Reform Now. Acorn Housing Corp. of Missouri, New Jersey Mutual Housing Association of New York, ACORN Housing Corporation, Inc., AHCNY, Inc., MHANY A/A/F Neighborhood Restore H.R. 2847 Acorn Housing Corp. of Pennsylvania, Texas HDFC, MHANY 2003 HOUSING DEVELOP- OFFERED BY: MS. JACKSON LEE ACORN Housing Corporation, Inc., American MENT FUND CORPORATION, Missouri AMENDMENT NO. 125: At the end of the bill Institute for Social Justice, Acorn Law for Home Day Care Workers Association, Inc., add the following new section: Education, Rep. & Training, Acorn Law Re- McClellan Multi Family Corporation, Min- Amendment to H.R. 2847, as reported form Pac, Affiliated Media Foundation nesota ACORN Political Action Committee, Offered by Ms. Jackson Lee Movement, Albuquerque Minimum Wage Neighbors for Athelia Ray, Neighbors for Page 98, beginning on line 21, strike ‘‘(a)’’ Committee, Acorn National Broadcasting Maria Torres, Neighbors for Ted Thomas, and all that follows, through line 25. Network, Arkansas New Party, Arkansas New Mexico ACORN Fair Housing, Inc., New Acorn Political Action Committee, Associa- Mexico ACORN Political Action Committee, H.R. 2847 tion for Rights of Citizens, Acorn Services, New Mexico Organizing Support Center, New OFFERED BY: MS. JACKSON LEE Inc., Acorn Television in Action for Commu- Orleans Campaign for a, New York Agency AMENDMENT NO. 126: At the end of the bill nities, Acorn Tenants’ Union, Inc., Acorn for Community Affairs, Inc., New York add the following new section: Tenant Union Training & Org. Project, AWA, Acorn Political Action Committee, New Amendment to H.R. 2847, as reported Baltimore Organizing Support Center, Inc., York Organizing and Support Center, Oregon Offered by Ms. Jackson Lee Bronx Parent Leadership, Baton Rouge ACORN Political Action Committee, Penn- Page 54, line 10 subsection (3), insert ‘‘(in- ACORN Education Project, Inc., Baton sylvania ACORN Political Committee, Pugh creased by $10,000,000)’’ after ‘‘$80,000,000’’. Rouge Assoc. of School Employees, Broad Election Committee, People’s Equipment Re- Page 54, line 11, subsection (4) insert ‘‘(in- Street Corporation, California Acorn Polit- source Corporation, Progressive Houston, creased by $10,000,000)’’ after ‘‘$62,000,000’’. ical Action Committee, Citizens Action Re- Pennsylvania Institute for Community Af- Page 40, line 3, insert ‘‘(decreased by search Project, Council Beneficial Associa- fairs, Inc., Phoenix Organizing and Support $20,000,000’’) after ‘‘($96,744,000)’’. tion, Citizens Campaign for Fair Work, Liv- Center, Inc., Progressive St. Louis, Ref- H.R. 2847 ing Wage Etc., Citizens Consulting, Inc., erendum Committee for an Accountable Fu- California Community Network, Citizens for ture, Rhode Island APAC, Sixth Avenue Cor- OFFERED BY: MS. JACKSON LEE April Troope, Clean Government Pac, Chi- poration, San Jacinto Street Corp., St. Louis AMENDMENT NO. 127: At the end of the bill cago Organizing and Support Center, Inc., Organizing and Support Center, Inc., St. add the following new section: Council Health Plan, Citizens Services Soci- Louis Tax Reform Group, Inc., Service Work- Amendment to H.R. 2847, as reported ety, Campaign For Justice at Avondale, ers Action Team, Texas United City-County Offered by Ms. Jackson Lee CLOC, Community and Labor for Baltimore, Employees, Texas United School Employees, Page 98, beginning on line 21, strike ‘‘(a)’’ Chief Organizer Fund, Colorado Organizing Inc., United Security Workers for America, and all that follows, through line 25.

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Vol. 155 WASHINGTON, MONDAY, JUNE 15, 2009 No. 89 Senate The Senate met at 1:45 p.m. and was Senator from the Commonwealth of Vir- The next work period will be very called to order by the Honorable MARK ginia, to perform the duties of the Chair. heavy, although we have—I cannot R. WARNER, a Senator from the Com- ROBERT C. BYRD, complain—we have been able to com- monwealth of Virginia. President pro tempore. plete a tremendous amount of legisla- Mr. WARNER thereupon assumed the tion. I was told over the weekend the PRAYER chair as Acting President pro tempore. work we have been able to do to this The Chaplain, Dr. Barry C. Black, of- f point is as much as any President has fered the following prayer: RECOGNITION OF THE MAJORITY ever accomplished and Congress has ac- Let us pray. LEADER complished with the President during the first 5 months of a legislative ses- Creator and upholder of our lives, we The ACTING PRESIDENT pro tem- can’t escape from Your presence or pore. The majority leader is recog- sion but for the first time of Roosevelt. control, nor do we desire to do so. We nized. We passed some major legislation. stand in awe of Your power, mercy, and We should all feel good about that. But f majesty. Our thoughts of Your good- there is so much more to do. We have ness banish our fears. Today give to SCHEDULE to roll up our sleeves and work even the Members of the Senate a high sense Mr. REID. Mr. President, following harder with health care and energy not of the common purpose that unites leader remarks, the Senate will be in a far down the road. them. Deliver them from that stubborn period for the transaction of morning f pride that imputes to itself infallibility business for Senators to speak for up to RESERVATION OF LEADER TIME and that pits partisanship against na- 10 minutes each. There will be no roll- tional interest. Father of all, guide our call votes today. Tomorrow Senators The ACTING PRESIDENT pro tem- lawmakers through discussion, debate, should expect a cloture vote on the mo- pore. Under the previous order, the and confrontation to the solutions so tion to proceed to the Travel Pro- leadership time is reserved. desperately needed in our land. We motion Act. That will be prior to our f pray in Your great Name. Amen. weekly caucus luncheons. This week, we are going to do the MORNING BUSINESS f best we can to complete the Travel The ACTING PRESIDENT pro tem- Promotion Act and the supplemental pore. Under the previous order, there PLEDGE OF ALLEGIANCE bill. We should be able to do that and, will now be a period for the transaction The Honorable MARK R. WARNER led hopefully, get some nominations done. of morning business, with Senators the Pledge of Allegiance, as follows: Next week, we have other things we permitted to speak for up 10 minutes I pledge allegiance to the Flag of the need to do, including the Homeland Se- each. United States of America, and to the Repub- curity appropriations bill. I spoke with Mr. REID. I suggest the absence of a lic for which it stands, one nation under God, the Republican leader on a number of quorum. indivisible, with liberty and justice for all. occasions on that issue. To get to it The ACTING PRESIDENT pro tem- f next week, we need a consent agree- pore. The clerk will call the roll. ment because the House will not act on The assistant legislative clerk pro- APPOINTMENT OF ACTING it until probably Wednesday of next ceeded to call the roll. PRESIDENT PRO TEMPORE week or something like that. It does Mr. WARNER. Mr. President, I ask not give us enough time, and we need unanimous consent that the order for The PRESIDING OFFICER. The to start earlier. We will work on that the quorum call be rescinded. clerk will please read a communication and see what we can come up with. The PRESIDING OFFICER (Mr. to the Senate from the President pro We have announced before that the 5 WEBB). Without objection, it is so or- tempore (Mr. BYRD). weeks after we get back from the dered. The assistant clerk read the fol- Fourth of July recess will be very busy The Senator from Virginia is recog- lowing letter: with a lot of work. The HELP Com- nized. U.S. SENATE, mittee and the Finance Committee are f PRESIDENT PRO TEMPORE, going to have their bills reported out of Washington, DC, June 15, 2009. their committees before we leave a SENIOR NAVIGATION AND To the Senate: PLANNING ACT OF 2009 Under the provisions of rule I, paragraph 3, week from Friday so we can start of the Standing Rules of the Senate, I hereby working on the health care legislation Mr. WARNER. Mr. President, I rise appoint the Honorable MARK R. WARNER, a in the Senate. today to talk about legislation to help

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

S6573

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Because of the frag- of us will have the ability to age well, sire and community assets for engagement mented nature of our health care sys- with dignity, and, again, in the setting in the care of the ill and dying—including the involvement and assets of faith commu- tem, we often fail to provide patients, of our choosing. nities—are urgently needed. their families, and caregivers with the I ask unanimous consent to have Almost all patients and families experi- necessary tools, information, and sup- printed in the RECORD letters of sup- ence illness within their community and re- port to both age well and with dignity port from the following organizations: ceive episodic acute care in the hospital. in the setting of their preference, of- the AARP, the Alzheimer’s Founda- Meeting the needs of patients requires an ap- tentimes their homes. tion, the Duke University Divinity proach that raises public awareness, provides I believe if we provide patients with School, the Institute on Care at the training and resources to family members better information about advanced End of Life, the National Hospice and and loved ones, and connects the resources of Palliative Care Organization, the hospital environment with care re- care planning in noncrisis situations, sources in the community. Faith commu- they will make decisions for them- UnitedHealth Group, and Aetna. nities are logically and historically posi- selves and their families that result in There being no objection, the mate- tioned to be a locus of effective care for the better care and a better quality of life. rial was ordered to be printed in the ill and the dying and are a relatively un- Today I am introducing the Senior RECORD, as follows: tapped resource to meet the health care Navigation and Planning Act of 2009 to NATIONAL HOSPICE needs in the community. help seniors and their families navi- AND PALLIATIVE CARE ORGANIZATION, The Senior Navigation and Planning Act of gate through a complex system and to June 12, 2009. 2009 provides the groundwork that can spark help them make informed medical deci- Senator MARK WARNER, such innovative models and has tremendous potential to improve care for the rapidly sions. My legislation would provide ac- Russell Senate Office Building, Washington, DC. growing numbers of individuals with ad- cess to an advanced illness care man- Dear SENATOR WARNER: On behalf of hos- vanced illness or who are at the near end of agement benefit, a benefit that does pice programs across the nation, their pro- life. I applaud this effort and offer you my not exist currently in our health care fessionals, volunteers and most importantly, wholehearted support for its passage. delivery system. the patients and families they serve, the Na- Sincerely, My legislation, as well, would in- tional Hospice and Palliative Care Organiza- RICHARD PAYNE, M.D., crease the awareness of advanced care tion is writing to express our support for Professor of Medicine and Divinity. planning through a national education your Senior Navigation and Planning Act of campaign and clearinghouse. It would 2009. This health reform legislation will ALZHEIMER’S FOUNDATION OF AMERICA, strengthen the quality of end-of-life care, June 9, 2009. also reduce legal hurdles to the en- and make it more cost-efficient through en- Hon. MARK R. WARNER, forcement of advanced directives. It hanced resources to allow more informed U.S. Senate, Russell Senate Office Building, would create incentives for hospitals choices and prevent unnecessary and costly Washington, DC. and physicians to get accredited and medical procedures. DEAR SENATOR WARNER: The Alzheimer’s certified in palliative care. It would in- Research has shown that individuals who Foundation of America (AFA) is pleased to crease compliance with medical orders have discussions about end-of-life care have endorse the Senior Navigation and Planning less invasive medical treatments, and a high- Act of 2009. On behalf of AFA and its mem- and discharge instructions. Too often a er quality of life. We are pleased that your patient may leave a hospital, not do bers, thank you for your leadership in intro- bill enhances access to additional resources ducing this important legislation. the appropriate actions afterwards, and for end-of-life care planning, including: a AFA was formed in February 2002 ‘‘to pro- not follow the discharge information, new transitional benefit delivered by hospice vide optimal care and services to individuals which can result in the patient being teams for patients with advanced illnesses, confronting dementia, and to their care- readmitted to the hospital or ending up an expanded use of advance directives, and givers and families—through member organi- with their health care provider not increased public awareness of the impor- zations dedicated to improving quality of tance of end-of-life planning. These tools im- life.’’ Today, the Alzheimer’s Foundation of having the appropriate followup. We plemented nationwide could help reduce have to make sure we put an end to America’s membership consists of more than Medicare spending by $15 billion over 10 1,200 member organizations that provide that. years. hands-on programs and services from coast My legislation would also educate en- Your legislation will ensure that patients to coast, including grassroots nonprofit or- tities, including faith-based organiza- and families are able to navigate the journey at the end of life with the necessary informa- ganizations, healthcare facilities, govern- tions, on advanced care planning ment agencies, public safety departments, issues. Oftentimes an individual or tion and support that will bring dignity, quality care, and hope when they are most and long-term care communities. family, when dealing with end-of-life needed. For more than 30 years, hospices Dignity, respect, and quality of life are the issues, will turn not only to their med- have been providing high-quality care to treatment goals for individuals in the end ical provider but oftentimes to their people at one of life’s most challenging stage of Alzheimer’s disease and related de- priest or rabbi or minister. We want to times—and research has shown hospice saves mentias; as well as support, training and res- make sure folks in the faith-based Medicare more than $2 billion every year. pite for family caregivers. The Senior Navi- This legislation uses the knowledge and ex- gation and Planning Act would greatly help community understand the challenges those with dementia and their families by es- and opportunities people have with ad- pertise of the hospice and palliative care community in a valuable way. tablishing a new transitional care benefit vanced care planning. The Senior Navigation and Planning Act of through hospice for Medicare and/or Med- My legislation, as well, would in- 2009 will give patients and their families cop- icaid beneficiaries with a life expectancy of crease coordination and integration be- ing with life-limiting illnesses the kind of in- 18 months or less. Valuable services provided tween the Medicare and Medicaid Pro- formation and services they need. The Na- under this new benefit would include: pallia- grams. Too often these programs that tional Hospice and Palliative Care Organiza- tive care consultation services; care plan- both deal with seniors, their health tion strongly endorses your bill, and appre- ning services; counseling of individual and care issues, and aging issues do not co- ciates your support of strengthening high- family members; discussions regarding the operate or collaborate. quality and compassionate end-of-life care availability of supportive services including Collectively, these initiatives will for the 1.4 million Americans who choose information on advanced directives and hospice each year. other end-of-life planning tools; encourage- create a more accessible environment Sincerely, ment of patient-centered care; family con- for seniors to receive the care they J. DONALD SCHUMACHER, PSYD, ference services; respite services up to 16 need when they need it, and in the set- President/CEO. hours per month; and caregiver training pro- ting they prefer. vided at the caregivers’ home focused on pro- Let me be clear, this legislation does DUKE INSTITUTE ON viding effective personal and technical care. not deny or withhold services. How- CARE AT THE END OF LIFE, For the millions of Americans with Alz- ever, it does recognize that overall June 11, 2009. heimer’s disease or a related dementia, ad- health reform should include a Senator MARK R. WARNER, vance directive planning services are essen- tial. To address this challenge, the Senior thoughtful process that informs pa- Rusell Senate Office Building, Washington, DC. Navigation and Planning Act would create a tients, their families, and caregivers on Re The Senitor Navigation and Planning Act national awareness campaign of advance di- how to navigate and think through dif- of 2009. rective planning. It would also establish a ficult decisions about when and how to DEAR SENATOR WARNER: In my career as a toll-free telephone line and clearinghouse pursue treatments at the end of life. pain and palliative care physician, I have be- that the public and health care professionals

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may access to find out about state-specific and support needed to make informed med- AETNA, information regarding advance directives ical decisions and ensure they receive the FARMINGTON AVENUE, and end-of-life planning decisions. highest quality care. Hartford, CT, June 15, 2009. This legislation will allow eligible bene- Your legislation will fundamentally trans- Hon. MARK R. WARNER, ficiaries and their family caregivers to re- form the way terminally ill patients and U.S. Senate, ceive the information they need about ad- their families navigate the difficult decisions Washington, DC. vance directive and other end-of-life plan- encountered at the end-of-life. We under- DEAR SENATOR WARNER: Aetna is pleased ning tools directly from their physicians. In to support the Senior Navigation and Plan- addition, hospitals, skilled nursing facilities, stand that when the elderly and their fami- lies are provided with relevant information ning Act of 2009. This legislation will home health agencies, and hospice programs strengthen the quality of counseling, support will be required to provide the opportunity and resources about care options such as hospice, palliative care, and the use of ad- services, and care management for patients to discuss the general course of treatment and families coping with life-limiting ill- expected, the likely impact on the length of vanced directives, they are able to make more informed and personally appropriate nesses. We commend you for your leadership life and function, and the procedures they on these critical issues. should use to secure help if an unexpected decisions. By combining the best practices found in the public and private sectors, this Aetna, itself, has been a leader in advo- situation arises. Such services will not only cating for compassionate care in the face of help improve quality of life, but will also legislation will go a long way in ensuring that patients facing the end-of-life are pro- life-threatening illness. In April 2004, Aetna help to reduce the stigma and fear of facing announced a comprehensive program of case end-of-life issues in general. vided—through shared decision making with their physicians and caregivers—the most management support and expanded benefits The Senior Navigation and Planning Act to help Aetna members and their families would further protect the rights of individ- appropriate and sensitive care. UnitedHealth Group strongly supports patient-centered cope more effectively with the complex med- uals by requiring providers to honor written ical and emotional issues associated with the medical orders as a condition of payment. care, support services and planning tools for those with advanced illnesses. We applaud end of life. In an innovative move, Aetna The bill would also provide incentives for provided coverage for hospice benefits while hospice and palliative care accreditation and your focus on this important issue within the health reform debate. allowing members to continue with curative certification by providing bonus payments care, and to do so with a life expectancy of for those facilities with programs in place UnitedHealth Group has a strong commit- twelve months instead of the six months and a payment cut for facilities that do not ment to patient-centered end-of-life care, as Medicare allows. Aetna also pioneered a have an accredited palliative program in demonstrated by the following programs and comprehensive program of case management place by 2020. options that we offer to both Medicare bene- provided by nurses trained in advance illness Beneficiaries with Alzheimer’s disease and ficiaries and commercially-insured people: and in coordinating care in a manner that related dementias place heavy demands on Evercare Hospice and Palliative Care respects ethnic and cultural traditions. the health care system. Because of the which operates in ten states and serves more Member reaction to Aetna’s Compas- unique nature of their disease, individuals than 1,200 people a day for their end-of-life sionate Care Program has been gratifying. with cognitive impairment must rely on needs. Ninety-six percent of participants’ care- family caregivers and others to identify and givers said they believed the member’s needs The Advanced Illness Care Model which is obtain the right mix of services and supports for pain management and symptom relief offered through our Medicare Advantage and to maintain their health and to live in the were met in the final months of life. Sixty- Special Needs Plans. This model provides co- community as long as possible. This legisla- three percent of program members accessed ordinated care for patients with advanced tion would take the much-needed step of cre- hospice, a significant increase over tradi- illnesses and supports education for patients ating an Office of Medicare/Medicaid Integra- tional Medicare. and their families regarding their clinical tion to align program policies. The Office In the pursuit of curative care, we too condition and the management of quality of would simplify dual eligible access to Medi- often fail to engage patients and loved ones life treatment issues in the last twelve care and Medicaid program benefits and in discussions of additional options for deal- months of life. services; improve care continuity and ensure ing with advanced illness and to support safe and effective care transitions; eliminate The Evercare Institutional Special Needs them in their choices. This legislation will cost shifting between programs and among Plans (SNPs), which are specialized health help change that by facilitating the ability related care providers; eliminate regulatory plans that deploy nurse practitioners in of patients and families to make informed conflicts; and improve total cost and quality. nursing homes to assist in coordination of decisions at times of stress and vulner- Faith-based organizations often play a key care and other planning services. ability. Aetna supports this legislation, and role in end-of-life decision-making and plan- hopes to collaborate in the realization of its ning for those with illnesses. The The UnitedHealth Care Hospice benefit goals. We look forward to working with you Senior Navigation and Planning Act would which is an industry leader in the com- and your Congressional colleagues to ad- empower the Secretary to create web-based prehensiveness of its plan offerings. vance the quality of health care for all materials as well as to establish end-of-life As a result of this accumulated experience, Americans. home-based service, training and education we understand that providing access to early Sincerely, grants specifically for faith-based organiza- and comprehensive hospice and palliative LONNY REISMAN, MD, tions. For individuals with end stage Alz- care services results in an increase in the Chief Medical Officer. heimer’s disease and related dementias and quality of life for patients and reduction in RANDALL KRAKAUER, MD, their family caregivers in particular, faith- futile and duplicative clinical interventions. Head of Medicare based services, training and support can In conclusion, we are especially encour- Medical Manage- make a world of difference in an otherwise aged that your bill: ment. isolating situation. AFA is the face of care for individuals and Creates a transitional care benefit to in- Mr. WARNER. Mr. President, I sug- their families who are affected by Alz- crease access to palliative care; gest the absence of a quorum. heimer’s disease and related dementias. We Establishes a national education campaign The PRESIDING OFFICER. The are proud to support the Senior Navigation and clearinghouse providing advanced care clerk will call the roll. and Planning Act and we look forward to planning resources; The assistant legislative clerk pro- working with you to advance this important legislation. If you have any further ques- Assures portability of advanced directives ceeded to call the roll. tions, please feel free to contact me, or have across states; Mr. MCCONNELL. Mr. President, I your staff contact Sue Peschin, AFA vice Creates incentives for hospitals and physi- ask unanimous consent that the order president of public policy. cians to get accredited and certified in hos- for the quorum call be rescinded. Sincerely, pice and palliative care; and The ACTING PRESIDENT pro tem- ERIC J. HALL, Increases integration and coordination be- pore. Without objection, it is so or- President and Chief Executive Officer. tween the Medicare and Medicaid programs. dered. UNITEDHEALTH GROUP, Thank you for your strong leadership in f PENNSYLVANIA AVENUE, NW., the U.S. Senate on this issue of critical im- Washington DC, June 11, 2009. portance to the entire health care system. JUDGE SOTOMAYOR HEARINGS Hon. MARK WARNER, We look forward to working with you to ad- Mr. MCCONNELL. Mr. President, it U.S. Senate, Russell Senate Office Building, vance the Senior Navigation and Planning was less than 3 weeks ago that the Washington, DC. Act of 2009 and on other areas to strengthen President announced his intentions to DEAR SENATOR WARNER: I am writing to ex- our health care system. press UnitedHealth Group’s strong support Sincerely, nominate Judge Sonia Sotomayor to for your legislation, the Senior Navigation REED V. TUCKSON, MD, the Supreme Court. In announcing her and Planning Act of 2009, which better equips Executive Vice President and nomination, the White House made seniors with the necessary tools, information Chief of Medical Affairs. much of the fact that the judge had the

VerDate Nov 24 2008 23:41 Jun 15, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.014 S15JNPT1 rfrederick on PROD1PC67 with SENATE S6576 CONGRESSIONAL RECORD — SENATE June 15, 2009 lengthiest judicial record in recent being kicked off the health plans they health insurance market that has memory. Last week, in a departure currently have. worked so well in the Medicare pre- from past practice, the Democratic The U.S. Chamber of Commerce, scription drug benefit, Part D. We can leadership of the Judiciary Committee which represents about 3 million busi- enact long-overdue reforms to our Na- unilaterally scheduled her hearing nesses in this country, has warned that tion’s medical liability laws. For too without even notifying the ranking the creation of a government plan long, the threat of frivolous lawsuits member. Because of this unwise and would lead to a government-run health has caused insurance premiums for unfair approach, Judge Sotomayor’s care system. The CEO of the renowned doctors to skyrocket. Doctors then hearing will begin just 3 weeks from Mayo Clinic warned that some of the pass these higher costs on to patients, today. As I understand it, her question- best providers could go out of business. driving up the cost of care. Well, most naire is still incomplete. Among other The National Federation of Inde- people think health care dollars ought deficiencies, she has not provided ma- pendent Businesses, one of the Nation’s to be spent on health care, not insur- terials from 17 cases she handled as a leading associations of small busi- ance premiums. Yet doctors all across prosecutor, nor has she provided mate- nesses, has also expressed its concerns America are not only passing along the rials from any appellate cases she han- about a government-run plan. costs of higher and higher premiums, dled, and she has not provided mate- Americans don’t want the kind of they are also ordering expensive and rials from over 100 speeches she has government-run system that some in unnecessary tests and procedures to given. Washington have proposed. They do protect themselves against lawsuits. During the Roberts and Alito hear- not want politicians to use the real One study suggests that roughly 9 ings, our Democratic friends repeatedly problems we have in our health care out of 10 U.S. doctors in high-risk spe- told us it was more important to do it system as an excuse to tear down the cialties practice some form of defensive right than to do it quick. Now that whole thing, take away everything medicine such as this—and the cost to there is a Democratic President, it ap- that is good about it, and replace it patients is massive. Some doctors sim- pears the attitude is to just do it. They with something worse. They want prac- ply shut their practices or discontinue want the shortest confirmation process tical solutions to specific problems, services as a result of these pressures. in recent memory for a nominee with and that is what the rest of us are pro- Patients such as Rashelle Perryman of the longest judicial record in recent posing. Crittenden County Hospital are the memory. There is clearly a double Here are some commonsense pro- ones who lose out. Rashelle’s first two standard at play here—one that under- posals: We all agree health care in this babies were born in Crittenden County mines our ability to fulfill one of the country is too expensive. Americans Hospital, about 10 minutes from her Senate’s most important and solemn don’t think basic procedures should home. But her third child had to be de- responsibilities. break the bank, and American families livered about 40 miles away because rising malpractice rates caused doctors f shouldn’t have to worry about going bankrupt if a family member becomes at Crittenden County Hospital to stop HEALTH CARE REFORM ill. delivering babies altogether. Mr. MCCONNELL. Mr. President, as But government-run health care will This isn’t an isolated problem, and it the national discussion over health only make matters worse. If our expe- is not just obstetricians. According to care intensifies, one thing is already rience with Medicare shows us any- a report by the Kentucky Institute of clear: Both Republicans and Democrats thing, it is that the government health Medicine, Kentucky is nearly 2,300 doc- agree health care is in serious need of plans are not—I repeat are not—cost tors short of the national average—a reform. The only thing that remains to effective. shortage that could be reduced, in part, be seen is what kind of reform we will Over the weekend, the administra- by reforming medical malpractice deliver. Americans are increasingly tion proposed making cuts to Medicare laws. Comprehensive health care reforms worried about what they are hearing as a way of defraying the cost of a new are long overdue—reforms that lower from Washington. government plan. That is exactly the cost and increase access to care. But a Americans want lower costs, and wrong approach. America’s seniors ex- government-run plan isn’t the way to they want the freedom to choose their pect Congress to stabilize Medicare so do it. There are other solutions that own doctors and their own care. What it continues to serve their needs, not address our problems without under- they do not want is a Washington take- drain its resources to pay for another, mining our strengths. over of health care along the lines of even bigger government plan. Changes Over the past few weeks, I have what we have already seen with banks, to Medicare should be used to make warned about the dangers of govern- insurance companies, and the auto in- Medicare solvent for seniors today and ment-run health care by pointing to dustry. Americans don’t want a gov- for those who are paying into it and the problems this kind of government- ernment-run system that puts bureau- who will rely on the system tomorrow, run system has created in places such crats between patients and doctors. not to build a brandnew government as Britain, Canada, and New Zealand. They certainly don’t want the kind of plan on top of one that is already on an These countries are living proof that government boards that exist in places unsustainable course. If we want to cut when the government is in charge, such as New Zealand and Great Britain costs and rein in debt, then extending a health care is denied, delayed, and ra- that deny, delay, and ration treat- Medicare-like system to everyone in tioned. As I have noted, the main cul- ments that are currently available to America is exactly the wrong prescrip- prits in every case are the government Americans. tion. We need to make Medicare itself boards that decide what procedures and Americans want change, but they do solvent and find ways to improve the medicines patients can and cannot not want changes that will make exist- current health care system. have. ing programs worse. That is exactly One way to do that is to implement I have discussed how Britain’s gov- what a government-run system would reforms that we know will save money. ernment board has denied care to can- do. We could start with illness prevention cer patients because the treatments Unfortunately, the notion of a gov- programs that encourage people to quit were too expensive. In one case, bu- ernment-run plan has been gaining smoking and to control their weight. It reaucrats in Britain refused to pre- steam. Over the past couple weeks, one is no mystery that smoking and obe- scribe cancer drugs that were proven to Democratic leader after another has in- sity are leading causes of the kinds of extend the lives of patients because sisted that it be included as a part of chronic diseases that are driving up they cost too much. The government any reform. The reaction to this should health care costs. And finding ways to board explained it this way: tell us something. reduce these illnesses would also re- Although these treatments are clinically Among those who have begun to mo- duce costs. We should allow employers effective, regrettably the cost . . . is such bilize in opposition to America’s plans to create incentives for workers to that they are not a cost effective use of . . . are America’s doctors who warn it adopt healthier lifestyles. resources. would limit access to care and could We should also encourage the same I have also discussed how the govern- lead to nearly 70 percent of Americans kind of robust competition in the ment-run health care system in Canada

VerDate Nov 24 2008 23:41 Jun 15, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.009 S15JNPT1 rfrederick on PROD1PC67 with SENATE June 15, 2009 CONGRESSIONAL RECORD — SENATE S6577 routinely delays care. Today, the aver- and bravest that step forward, risking The 10-time All Star retired as the all- age wait for a hip replacement at one it all, to come to the defense of our Na- time leader in career walks and holds hospital in Kingston, Ontario, is about tion. The honorable service of each of the career records for runs scored and 196 days. Knee replacement surgery at these nine brothers epitomizes the stolen bases as well as the single-sea- the same hospital takes an average of story of our Nation’s veterans. son stolen base record. The 8 stolen 340 days. The American people don’t Eugene was a machine gunner in bases that he amassed during his Most want to be told they have to wait 6 Italy in the Second World War, where Valuable Player performance in the months for a hip replacement or a year he was awarded the Purple Heart. Har- 1989 American League Championship for a knee replacement, but that is old served in the Philippines, where he Series remains the record for most sto- what could very well happen in a gov- earned two battle stars. Edward served len bases in a single postseason series. ernment-run health care system. in the Pacific with the Navy, Donald A year after spearheading the Oakland Finally, I have discussed how New served in Germany at the peak of the A’s 1989 World Series title, Rickey was Zealand’s government board has ra- Cold War, Gerald worked with the named the American League Most Val- tioned care by deciding which new hos- atomic bomb program here in the U.S. uable Player in 1990. pital medicines are cost effective. In Lyle was a rifle instructor helping to Rickey Henderson’s induction into one case, government bureaucrats in train the next generation of our Na- the National Baseball Hall of Fame that country denied patients access to tion’s servicemembers, and Spike will see him join Joe Morgan and a drug that was proven to be effective served in the Air Force Medical Service Frank Robinson as a legend of the in fighting breast cancer because they Corps in Japan. game who honed his skills and love for thought it was too expensive. As one From World War II through the Ko- America’s pastime during his forma- cancer doctor in the country put it: rean conflict and the Cold War, for 15 tive years in Oakland. During three New Zealand is a good tourist destination, years running, at least one of these separate stints with his hometown but options for cancer treatment are not so nine men could be found in uniform, team, Rickey established a bond with attractive there right now. serving their country in the Army, in generations of loyal Oakland A’s fans Americans want health care reform, the Navy, and in the Air Force. It is that remains as strong today as when but they don’t want the kind of reform truly a remarkable story. We owe a Rickey stole 130 bases in 1982. Speaking that denies, delays, and rations care, deep debt of gratitude to them and to after his election into the Hall of such as the government-run systems in all of our veterans. Fame, he said that, ‘‘in my eyes, I New Zealand, Britain, and Canada. Years ago our forefathers founded wanted to see the fans in Oakland They don’t want to be forced into a this country with a vision of freedom enjoy the game as much as I enjoyed it government plan that replaces the free- for all. It was that vision that inspired . . . playing in front of friends and fam- doms and choices they now enjoy with the Lothspeich brothers to leave Park ily there gave me a little bit more of a bureaucratic hassles, hours spent on River, ND, to travel to Italy, Germany, boost. It helped me out in my career, hold, and politicians in Washington Japan and the Philippines in defense of and I was proud to go out there and telling them how much care and what this great land. We honor them, and we represent the Oakland area.’’ Judging kind of care they can have. They want honor all of our brave veterans and all from his achievements on the field and health care decisions left to doctors of those who serve our country in uni- his devotion to the fans, it is clear to and patients, not remote bureaucrats. form today. Without selfless service by see why Rickey Henderson is one of the But if some in Washington get their those like the Lothspeichs, we simply most beloved sports figures in the bay way and enact a government takeover would not have the freedoms we hold area and a worthy exemplar of the rich of health care, that is exactly what most dear.∑ history of major league baseball in Americans can expect. f Oakland. As his teammates and fans would at- I suggest the absence of a quorum. CONGRATULATING RICKEY test, Rickey Henderson is a deserving The ACTING PRESIDENT pro tem- HENDERSON pore. The clerk will call the roll. inductee into the National Baseball ∑ The assistant legislative clerk pro- Mrs. BOXER. Mr. President, I ask my Hall of Fame. Throughout his career in ceeded to call the roll. colleagues to join me in congratulating baseball, Rickey has consistently Mr. KYL. Mr. President, I ask unani- Rickey Henderson on his induction achieved excellence on the field and mous consent that the order for the into the National Baseball Hall of conducted himself with integrity and quorum call be rescinded. Fame on July 26, 2009. During a re- character off the field. The ACTING PRESIDENT pro tem- markable 25-year career, Rickey Hen- I congratulate Rickey Henderson on pore. Without objection, it is so or- derson’s keen batting eye and unique his induction in the National Baseball dered. combination of speed and power earned Hall of Fame, and wish him continued (The remarks of Mr. KYL pertaining him the recognition as one of the success in his future endeavors.∑ to the introduction of S. 1259 are print- greatest leadoff hitters in the game’s f ed in today’s RECORD under ‘‘State- long and storied history. Born on Christmas day in 1958, Rick- 50TH ANNIVERSARY OF THE ments on Introduced Bills and Joint SISTER CITY RELATIONSHIP Resolutions.’’) ey Henderson and his family moved to Oakland, CA, when he was 2 years old. ∑ Mr. INOUYE. Mr. President, today I f He was a standout athlete at Oakland would like to recognize the 50th anni- ADDITIONAL STATEMENTS Technical High School, where he ex- versary of the sister city relationship celled at basketball, baseball and foot- between the city and county of Hono- ball. Though his exploits on the grid- lulu and the city of Hiroshima. COMMENDING THE LOTHSPEICH iron as an All-American running back Mr. President, 1959 was an eventful BROTHERS earned him dozens of scholarship of- and significant year in history. Not ∑ Mr. CONRAD. Mr. President, I want fers, Rickey chose to pursue a profes- only was Hawaii admitted into the to take a moment to honor a North Da- sional baseball career and follow his Union as the 50th State, but on May 19, kota family filled with heroes. Even in dream to don the green and gold of his 1959, the city and county of Honolulu a State where sacrifice is more than a hometown Oakland Athletics. Council passed a resolution inviting slogan and service is a way of life, the Rickey Henderson made his major the city of Hiroshima into a sister city Lothspeich family stands out. When debut on June 24, 1979. Over the course agreement. Established by former U.S. their nation needed them, every single of the next 25 seasons, he would com- President Dwight Eisenhower, the one of the nine Lothspeich brothers pile one of the most impressive re- ‘‘People to People’’ program was to rose to answer the call to duty. sumes in baseball history. In a game promote peace and mutual under- Today we recognize the service of the which defines greatness by statistics, standing between citizens of different three brothers who are still with us, Rickey Henderson’s name can be found countries. Many of Hawaii’s residents and honor the memory of those who at or near the top of some of the more were of Japanese ancestry or were are not. In times of crisis, it is our best hallowed records in baseball history. originally from Hiroshima. With this in

VerDate Nov 24 2008 23:41 Jun 15, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.011 S15JNPT1 rfrederick on PROD1PC67 with SENATE S6578 CONGRESSIONAL RECORD — SENATE June 15, 2009 mind, the Honolulu Council thought a MESSAGE FROM THE HOUSE Force, and his advancement to the grade of lieutenant general on the retired list; to the relationship between Honolulu and Hir- At 1:53 p.m., a message from the oshima would be a fitting one, brought Committee on Armed Services. House of Representatives, delivered by EC–1958. A communication from the Sec- together through similarities and a Mrs. Cole, one of its reading clerks, an- retary of Defense, transmitting a report on resonance of cultural familiarity. This nounced that the House has passed the the approved retirement of Lieutenant Gen- ‘‘sister city’’ agreement holds special following bill, in which it requests the eral Frances C. Wilson, United States Marine significance for me and my family, as I concurrence of the Senate: Corps, and her advancement to the grade of was born in Honolulu and my maternal lieutenant general on the retired list; to the grandparents were from the Hiroshima H. R. 1687. An act to designate the feder- Committee on Armed Services. Prefecture. ally occupied building located at McKinley EC–1959. A communication from the Chief, Avenue and Third Street, SW., Canton, Ohio, Congressional Inquiry Division, Office of Fifty years later, this relationship, as the ‘‘Ralph Regula Federal Building and as well as the overall United States— Legislative Liaison, Department of the Air United States Courthouse’’. Force, transmitting, pursuant to law, a re- Japan relationship, has formed into an The message also announced that the port relative to a final decision on the pub- enduring partnership of nations. This lic-private competition affecting the Central valued alliance has matured through House has agreed to the amendment of the Senate to the bill (H.R. 125E) to Heat Plant Function, 341st Space Wing, the years, and it is my privilege to Malmstrom Air Force Base, Montana on May serve as honorary chairman of the 50th protect the public health by providing 21, 2009; to the Committee on Armed Serv- anniversary committee for the sister the Food and Drug Administration ices. city relationship. I ask my colleagues with certain authority to regulate to- EC–1960. A communication from the Gen- to join me in recognition of this mo- bacco products, to amend title 5, eral Counsel of the Department of Defense, transmitting, a report on proposed legisla- mentous occasion.∑ United States Code, to make certain modifications in the Thrift Savings tion entitled ‘‘Extension of Temporary, Lim- f ited Authority to Use Operation and Mainte- Plan, the Civil Service Retirement REPORT ON THE CONTINUATION nance Funds for Contingency Construction System, and the Federal Employees’ Projects Outside the United States’’; to the OF THE NATIONAL EMERGENCY Retirement System, and for other pur- Committee on Armed Services. THAT WAS ORIGINALLY DE- poses. EC–1961. A communication from the Gen- CLARED IN EXECUTIVE ORDER eral Counsel of the Department of Defense, f 13405 OF JUNE 16, 2006, WITH RE- transmitting, a report on proposed legisla- SPECT TO BELARUS, AS RE- ENROLLED JOINT RESOLUTION tion entitled ‘‘Travel and Transportation Al- CEIVED DURING ADJOURNMENT SIGNED lowances for Designated Individuals of Wounded, Ill, or Injured Members for Dura- OF THE SENATE ON JUNE 12, The message further announced that tion of Inpatient Treatment’’; to the Com- 2009—PM 23 the Speaker has signed the following mittee on Armed Services. The PRESIDING OFFICER laid be- enrolled joint resolution: EC–1962. A communication from the Gen- fore the Senate the following message H.J. Res. 40. A joint resolution to honor eral Counsel of the Department of Defense, from the President of the United the achievements and contributions of Na- transmitting, a report on proposed legisla- States, together with an accompanying tive Americans to the United States, and for tion entitled ‘‘Exemption from Federal Advi- other purposes. sory Committee Act for Combatant Com- report; which was referred to the Com- mand Advisory Bodies that Include Foreign mittee on Banking, Housing, and The enrolled joint resolution was Government or Foreign Military Members’’; Urban Affairs: subsequently signed by the Acting to the Committee on Armed Services. President pro tempore (Mr. REID). EC–1963. A communication from the Dep- To the Congress of the United States: uty Secretary of Defense, transmitting, pur- f Section 202(d) of the National Emer- suant to law, the annual Developing Coun- gencies Act (50 U.S.C. 1622(d)) provides MEASURES REFERRED tries Combined Exercise Program report of for the automatic termination of a na- expenditures for Fiscal Year 2008; to the tional emergency unless, prior to the The following bill was read the first Committee on Armed Services. anniversary date of its declaration, the and the second times by unanimous EC–1964. A communication from the Com- President publishes in the Federal Reg- consent, and referred as indicated: missioners of the Commission on Wartime ister and transmits to the Congress a H.R. 1687. An act to designate the federally Contracting in Iraq and Afghanistan, trans- notice stating that the emergency is to occupied building located at McKinley Ave- mitting, pursuant to law, the Commission’s Interim Report to Congress; to the Com- continue in effect beyond the anniver- nue and Third Street, SW., Canton, Ohio, as the ‘‘Ralph Regula Federal Building and mittee on Armed Services. sary date. In accordance with this pro- EC–1965. A communication from the Assist- vision, I have sent to the Federal Reg- United States Courthouse’’; to the Com- mittee on Environment and Public Works. ant Director for Policy, Office of Foreign As- ister for publication the enclosed no- sets Control, Department of the Treasury, tice stating that the national emer- f transmitting, pursuant to law, the report of gency and related measures blocking EXECUTIVE AND OTHER a rule entitled ‘‘Final Rule Amending 31 CFR Part 538 to Expand the Scope of the Author- the property of certain persons under- COMMUNICATIONS mining democratic processes or insti- ization for Sudanese Diplomatic Missions in The following communications were the United States’’ received in the Office of tutions in Belarus are to continue in the President of the Senate on June 8, 2009; effect beyond June 16, 2009. laid before the Senate, together with accompanying papers, reports, and doc- to the Committee on Banking, Housing, and Despite some positive developments Urban Affairs. during the past year, including the re- uments, and were referred as indicated: EC–1966. A communication from the Legal lease of internationally recognized po- EC–1955. A communication from the Con- Information Assistant, Office of Thrift Su- litical prisoners, the actions and poli- gressional Review Coordinator, Animal and pervision, Department of the Treasury, cies of certain members of the Govern- Plant Health Inspection Service, Department transmitting, pursuant to law, the report of ment of Belarus and other persons that of Agriculture, transmitting, pursuant to a rule entitled ‘‘Fair Credit Reporting Affil- law, the report of a rule entitled ‘‘South iate Marketing Regulations; Identity Theft have undermined democratic processes American Cactus Moth; Quarantine and Reg- or institutions, committed human Red Flags and Address Discrepancies under ulation’’ (Docket No. APHIS-2006-0153) re- the Fair and Accurate Credit Transactions rights abuses related to political re- ceived in the Office of the President of the Act of 2003’’ (RIN1550-AC30) received in the pression, and engaged in public corrup- Senate on June 9, 2009; to the Committee on Office of the President of the Senate on June tion pose a continuing unusual and ex- Agriculture, Nutrition, and Forestry. 8, 2009; to the Committee on Banking, Hous- traordinary threat to the national se- EC–1956. A communication from the Sec- ing, and Urban Affairs. curity and foreign policy of the United retary of Defense, transmitting a report on EC–1967. A communication from the Gen- States. For these reasons, I have deter- the approved retirement of Lieutenant Gen- eral Counsel of the Department of Defense, mined that it is necessary to continue eral Norman R. Seip, United States Air transmitting, the report of a legislative pro- the national emergency and related Force, and his advancement to the grade of posal relative to the National Defense Au- lieutenant general on the retired list; to the thorization Bill for Fiscal Year 2010; to the measures blocking the property of cer- Committee on Armed Services. Committee on Banking, Housing, and Urban tain persons undermining democratic EC–1957. A communication from the Sec- Affairs. processes or institutions in Belarus. retary of Defense, transmitting a report on EC–1968. A communication from the Chair- BARACK OBAMA. the approved retirement of Lieutenant Gen- man of the Board of Governors, Federal Re- THE WHITE HOUSE, June 12, 2009. eral John L. Hudson, United States Air serve System, transmitting, a report entitled

VerDate Nov 24 2008 01:03 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.006 S15JNPT1 rfrederick on PROD1PC67 with SENATE June 15, 2009 CONGRESSIONAL RECORD — SENATE S6579 ‘‘Federal Reserve System Monthly Report on Legacy Immigration and Naturalization Benefits Administration, Department of Vet- Credit and Liquidity Programs and the Bal- Service; Adding a Provision to Facilitate the erans Affairs, transmitting, pursuant to law, ance Sheet’’; to the Committee on Banking, Expansion of the Use of Approved Electronic the report of a rule entitled Housing, and Urban Affairs. Equivalents of Paper Forms’’ (RIN1615–AB56) ‘‘Servicemembers’ Group Life Insurance EC–1969. A communication from the Chief received in the Office of the President of the Traumatic Injury Protection Program’’ of Publications and Regulations, Internal Senate on June 8, 2009; to the Committee on (RIN2900–AN00) received in the Office of the Revenue Service, Department of the Treas- the Judiciary. President of the Senate on June 8, 2009; to ury, transmitting, pursuant to law, the re- EC–1978. A communication from the Dep- the Committee on Veterans’ Affairs. port of a rule entitled ‘‘Tier 1 Issue: I.R.C. uty Chief of Staff, National Security Divi- EC–1988. A communication from the Attor- Section 118 Abuse Directive Number 8’’ sion, Department of Justice, transmitting, ney Advisor, U.S. Coast Guard, Department (LMSB–4–0509–130) received in the Office of pursuant to law, the report of a rule entitled of Homeland Security, transmitting, pursu- the President of the Senate on June 8, 2009; ‘‘Amendments to the Justice Department ant to law, the report of a rule entitled to the Committee on Finance. Regulations Regarding Countries Whose ‘‘Safety Zone; Sea World Fourth of July EC–1970. A communication from the Chief Agents Do Not Qualify for the Legal Com- Fireworks Display; Mission Bay, San Diego, of Publications and Regulations, Internal mercial Transaction Exemption Provided in California’’ ((RIN1625–AA00)(Docket No. Revenue Service, Department of the Treas- 18 U.S.C. 951(d)(4)’’ (AG Order No. 3018–2008) USG–2009–0103)) received in the Office of the ury, transmitting, pursuant to law, the re- received in the Office of the President of the President of the Senate on June 8, 2009; to port of a rule entitled ‘‘Cox v. Commissioner, Senate on June 10, 2009; to the Committee on the Committee on Commerce, Science, and 514 F.3d 1119 (10th Cir. 2008), rev’g 126 T.C.237 the Judiciary. Transportation. (2006)’’ (AOD2009–22) received in the Office of EC–1979. A communication from the Dep- EC–1989. A communication from the Attor- the President of the Senate on June 11, 2009; uty Assistant Administrator of Diversion ney Advisor, U.S. Coast Guard, Department to the Committee on Finance. Control, Drug Enforcement Administration, of Homeland Security, transmitting, pursu- EC–1971. A communication from the Chief Department of Justice, transmitting, pursu- ant to law, the report of a rule entitled of Publications and Regulations, Internal ant to law, the report of a rule entitled ‘‘Safety Zone; Sea World Memorial Day Fire- Revenue Service, Department of the Treas- ‘‘Schedules of Controlled Substances: Place- works; Mission Bay, San Diego, California’’ ury, transmitting, pursuant to law, the re- ment of Tapentadol into Schedule II’’ (Dock- ((RIN1625–AA00)(Docket No. USG–2009–0625)) port of a rule entitled ‘‘Guidance Under Sec- et Number DEA-319P) received in the Office received in the Office of the President of the tion 409A(a)(2)(A)(v) on certain transactions of the President of the Senate on June 9, Senate on June 8, 2009; to the Committee on pursuant to the EESA of 2008’’ (Notice 2009– 2009; to the Committee on the Judiciary. Commerce, Science, and Transportation. 49) received in the Office of the President of EC–1980. A communication from the Acting EC–1990. A communication from the Attor- the Senate on June 8, 2009; to the Committee Administrator, U.S. Agency for Inter- ney Advisor, U.S. Coast Guard, Department on Finance. national Development, transmitting, pursu- of Homeland Security, transmitting, pursu- EC–1972. A communication from the Chief ant to law, the Semiannual Report of the In- ant to law, the report of a rule entitled of Publications and Regulations, Internal spector General for the period from October ‘‘Safety Zone; Mission Bay Yacht Club Revenue Service, Department of the Treas- 1, 2008, through March 31, 2009; to the Com- Fourth of July Fireworks; Mission Bay, San ury, transmitting, pursuant to law, the re- mittee on Homeland Security and Govern- Diego, California’’ ((RIN1625–AA00)(Docket port of a rule entitled ‘‘Tier 1 Issue: I.R.C. mental Affairs. No. USG–2009–0124)) received in the Office of EC–1981. A communication from the Com- Section 118 Abuse Directive Number 7’’ the President of the Senate on June 8, 2009; missioner of the Social Security Administra- (LMSB–4–0509–023) received in the Office of to the Committee on Commerce, Science, tion, transmitting, pursuant to law, the the President of the Senate on June 8, 2009; and Transportation. Semiannual Report of the Inspector General to the Committee on Finance. EC–1991. A communication from the Attor- for the period from October 1, 2008, through EC–1973. A communication from the Chief ney Advisor, U.S. Coast Guard, Department March 31, 2009; to the Committee on Home- of Publications and Regulations, Internal of Homeland Security, transmitting, pursu- land Security and Governmental Affairs. Revenue Service, Department of the Treas- EC–1982. A communication from the Direc- ant to law, the report of a rule entitled ury, transmitting, pursuant to law, the re- tor, Congressional Affairs, Federal Election ‘‘Safety Zone; Big Bay Fourth of July Fire- port of a rule entitled ‘‘Nonbusiness Energy Commission, transmitting, pursuant to law, works; San Diego, California’’ ((RIN1625– Property Credit’’ (Notice 2009–53) received in the Semiannual Report of the Inspector Gen- AA00)(Docket No. USG–2009–0123)) received in the Office of the President of the Senate on eral for the period from October 1, 2008, the Office of the President of the Senate on June 8, 2009; to the Committee on Finance. through March 31, 2009; to the Committee on June 8, 2009; to the Committee on Commerce, EC–1974. A communication from the Dep- Homeland Security and Governmental Af- Science, and Transportation. uty General Counsel, Federal Energy Regu- fairs. EC–1992. A communication from the Attor- latory Commission, transmitting, pursuant EC–1983. A communication from the Chair- ney Advisor, U.S. Coast Guard, Department to law, the report of a rule entitled ‘‘Electric man of the Council of the District of Colum- of Homeland Security, transmitting, pursu- Reliability Organization Interpretations of bia, transmitting, pursuant to law, a report ant to law, the report of a rule entitled Specific Requirements of Frequency Re- on D.C. Act 18–78, ‘‘Transportation Infra- ‘‘Safety Zone; Ocean Beach Fourth of July sponse and Bias and Voltage and Reactive structure Improvements GARVEE Bond Fi- Fireworks; Pacific Ocean, San Diego, Cali- Control Reliability Standards’’ (Docket No. nancing Temporary Act of 2009’’; to the Com- fornia’’ ((RIN1625–AA00)(Docket No. USG– RM08–16–000) received in the Office of the mittee on Homeland Security and Govern- 2009–0122)) received in the Office of the Presi- President of the Senate on June 8, 2009; to mental Affairs. dent of the Senate on June 8, 2009; to the the Committee on Energy and Natural Re- EC–1984. A communication from the Sec- Committee on Commerce, Science, and sources. retary of the Department of the Treasury, Transportation. EC–1975. A communication from the Direc- transmitting, pursuant to law, the Semi- EC–1993. A communication from the Attor- tor, Regulatory Management Division, Envi- annual Reports from the Office of the Treas- ney Advisor, U.S. Coast Guard, Department ronmental Protection Agency, transmitting, ury Inspector General and the Treasury In- of Homeland Security, transmitting, pursu- pursuant to law, the report of a rule entitled spector General for Tax Administration for ant to law, the report of a rule entitled ‘‘Revisions to the California State Imple- the period from October 1, 2008, through ‘‘Safety Zone; Coronado Fourth of July Fire- mentation Plan, San Diego Air Pollution March 31, 2009; to the Committee on Home- works; San Diego Bay, San Diego, Cali- Control District’’ (FRL 8906–1) received in land Security and Governmental Affairs. fornia’’ ((RIN1625–AA00)(Docket No. USG– the Office of the President of the Senate on EC–1985. A communication from the Direc- 2009–0120)) received in the Office of the Presi- June 8, 2009; to the Committee on Environ- tor of Regulations Management, Veterans dent of the Senate on June 8, 2009; to the ment and Public Works. Benefits Administration, Department of Vet- Committee on Commerce, Science, and EC–1976. A communication from the Attor- erans Affairs, transmitting, pursuant to law, Transportation. ney Advisor, U.S. Coast Guard, Department the report of a rule entitled ‘‘Pension Man- EC–1994. A communication from the Attor- of Homeland Security, transmitting, pursu- agement Center Manager’’ (RIN2900–AN22) ney Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled received in the Office of the President of the of Homeland Security, transmitting, pursu- ‘‘International Air Pollution Prevention Senate on June 8, 2009; to the Committee on ant to law, the report of a rule entitled (IAPP) Certificates’’ ((RIN1625–AB31)(Docket Veterans’ Affairs. ‘‘Safety Zone; Ocean City Air Show, Atlantic No. USCG–2008–0014)) received in the Office of EC–1986. A communication from the Direc- Ocean, Ocean City, Maryland’’ ((RIN1625– the President of the Senate on June 8, 2009; tor of Regulations Management, Veterans AA00)(Docket No. USG–2009–0064)) received in to the Committee on Environment and Pub- Benefits Administration, Department of Vet- the Office of the President of the Senate on lic Works. erans Affairs, transmitting, pursuant to law, June 8, 2009; to the Committee on Commerce, EC–1977. A communication from the Dep- the report of a rule entitled ‘‘Severance Pay, Science, and Transportation. uty Chief of the Regulatory Management Di- Separation Pay, and Special Separation Ben- EC–1995. A communication from the Attor- vision, Citizenship and Immigration Serv- efits’’ (RIN2900–AN25) received in the Office ney Advisor, U.S. Coast Guard, Department ices, Department of Homeland Security, of the President of the Senate on June 8, of Homeland Security, transmitting, pursu- transmitting, pursuant to law, the report of 2009; to the Committee on Veterans’ Affairs. ant to law, the report of a rule entitled a rule entitled ‘‘Removing References to Fil- EC–1987. A communication from the Direc- ‘‘Safety Zone; Underwater Object, Massachu- ing Locations and Obsolete References to tor of Regulations Management, Veterans setts Bay, Massachussetts’’ ((RIN1625–

VerDate Nov 24 2008 23:41 Jun 15, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.003 S15JNPT1 rfrederick on PROD1PC67 with SENATE S6580 CONGRESSIONAL RECORD — SENATE June 15, 2009 AA00)(Docket No. USG–2008–1272)) received in the report of a rule entitled ‘‘Fisheries in the REPORTS OF COMMITTEES the Office of the President of the Senate on Western Pacific; Crustacean Fisheries; Deep- June 8, 2009; to the Committee on Commerce, water Shrimp’’ (RIN0648–AV29) received in The following reports of committees Science, and Transportation. the Office of the President of the Senate on were submitted: EC–1996. A communication from the Attor- June 9, 2009; to the Committee on Commerce, By Mr. ROCKEFELLER, from the Com- ney Advisor, U.S. Coast Guard, Department Science, and Transportation. mittee on Commerce, Science, and Transpor- of Homeland Security, transmitting, pursu- EC–2004. A communication from the Acting tation, with amendments: ant to law, the report of a rule entitled Director of Sustainable Fisheries, National S. 685. A bill to require new vessels for car- ‘‘Safety Zone; Dutch Shoe Regatta; San Marine Fisheries Service, Department of rying oil fuel to have double hulls, and for Diego Harbor, San Diego, California’’ Commerce, transmitting, pursuant to law, other purposes (Rept. No. 111–26). ((RIN1625–AA00)(Docket No. USG–2008–1253)) the report of a rule entitled ‘‘Fisheries of the f received in the Office of the President of the Exclusive Economic Zone Off Alaska; Bering Senate on June 8, 2009; to the Committee on Sea and Aleutian Islands Crab Rationaliza- INTRODUCTION OF BILLS AND Commerce, Science, and Transportation. tion Program; Amendment 27’’ (RIN0648– JOINT RESOLUTIONS EC–1997. A communication from the Attor- AW73) received in the Office of the President ney Advisor, U.S. Coast Guard, Department The following bills and joint resolu- of the Senate on June 9, 2009; to the Com- of Homeland Security, transmitting, pursu- tions were introduced, read the first mittee on Commerce, Science, and Transpor- ant to law, the report of a rule entitled ‘‘Spe- tation. and second times by unanimous con- cial Local Regulations for Marine Events; sent, and referred as indicated: Patuxent River, Patuxent River, Maryland’’ EC–2005. A communication from the Pro- By Mrs. GILLIBRAND: ((RIN1625–AA08)(Docket No. USG–2009–0107)) gram Analyst, Federal Aviation Administra- S. 1258. A bill to amend the Public Health received in the Office of the President of the tion, Department of Transportation, trans- Service Act, the Employee Retirement In- Senate on June 8, 2009; to the Committee on mitting, pursuant to law, the report of a rule come Security Act of 1974, and chapter 89 of Commerce, Science, and Transportation. entitled ‘‘Amendment of Class E Airspace; title 5, United States Code, to require cov- EC–1998. A communication from the Attor- Refugio, Texas’’ ((RIN2120–AA66)(Docket No. erage for the treatment of infertility; to the ney, U.S. Coast Guard, Department of Home- FAA–2009–0241)) received in the Office of the Committee on Health, Education, Labor, and land Security, transmitting, pursuant to President of the Senate on June 8, 2009; to Pensions. law, the report of a rule entitled ‘‘Special the Committee on Commerce, Science, and By Mr. KYL (for himself, Mr. MCCON- Local Regulations for Marine Events; Tem- Transportation. NELL, Mr. ROBERTS, and Mr. CRAPO): porary Change of Dates for Recurring Marine EC–2006. A communication from the Pro- S. 1259. A bill to protect all patients by Events in the Fifth Coast Guard District’’ gram Analyst, National Highway Traffic prohibiting the use of data obtained from ((RIN1625–AA08)(Docket No. USG–2009–0106)) Safety Administration, transmitting, pursu- comparative effectiveness research to deny received in the Office of the President of the ant to law, the report of a rule entitled coverage of items or services under Federal Senate on June 8, 2009; to the Committee on ‘‘Federal Motor Vehicle Safety Standards; health care programs and to ensure that Commerce, Science, and Transportation. Roof Crush Resistance; Phase-in Reporting EC–1999. A communication from the Acting comparative effectiveness research accounts Requirements’’ (RIN2127–AG51) received in for advancements in personalized medicine Director of Sustainable Fisheries, National the Office of the President of the Senate on Marine Fisheries Service, Department of and differences in patient treatment re- June 8, 2009; to the Committee on Commerce, sponse; to the Committee on Health, Edu- Commerce, transmitting, pursuant to law, Science, and Transportation. the report of a rule entitled ‘‘Fisheries of the cation, Labor, and Pensions. Exclusive Economic Zone Off Alaska; Deep- EC–2007. A communication from the Trial By Mr. LIEBERMAN (for himself and Water Species Fishery by Catcher Vessels in Attorney, Federal Railroad Administration, Mr. GRAHAM): the Gulf of Alaska’’ (RIN0648–XP21) received Department of Transportation, transmitting, S. 1260. A bill to provide that certain pho- in the Office of the President of the Senate pursuant to law, the report of a rule entitled tographic records relating to the treatment on June 9, 2009; to the Committee on Com- ‘‘Miscellaneous Revisions of the Procedures of any individual engaged, captured, or de- merce, Science, and Transportation. for Handling Petitions for Emergency Waiv- tained after September 11, 2001, by the EC–2000. A communication from the Acting er of Safety Regulations and the Procedures Armed Forces of the United States in oper- Director of Sustainable Fisheries, National for Disqualifying Individuals from Per- ations outside the United States shall not be Marine Fisheries Service, Department of forming Safety-Sensitive Functions’’ subject to disclosure under section 552 of Commerce, transmitting, pursuant to law, ((RIN2130–AC02)(Docket No. FRA–2009–0006; title 5, United States Code (commonly re- the report of a rule entitled ‘‘Fisheries of the Notice No.1)) received in the Office of the ferred to as the Freedom of Information Exclusive Economic Zone Off Alaska; North- President of the Senate on June 8, 2009; to Act); to the Committee on the Judiciary. ern Rockfish, Pacific Ocean Perch, and Pe- the Committee on Commerce, Science, and By Mr. AKAKA (for himself, Mr. lagic Shelf Rockfish for Catcher Vessels Par- Transportation. VOINOVICH, Mr. LEAHY, Mr. TESTER, ticipating in the Limited Access Rockfish EC–2008. A communication from the Pro- Mr. BAUCUS, and Mr. CARPER): Fishery in the Central Regulatory Area of gram Analyst, Federal Aviation Administra- S. 1261. A bill to repeal title II of the REAL the Gulf of Alaska’’ (RIN0648–XP22) received tion, Department of Transportation, trans- ID Act of 2005 and amend title II of the in the Office of the President of the Senate mitting, pursuant to law, the report of a rule Homeland Security Act of 2002 to better pro- on June 9, 2009; to the Committee on Com- entitled ‘‘Airworthiness Directives; Pratt & tect the security, confidentiality, and integ- merce, Science, and Transportation. Whitney (PW) JT9D-7R4 Series Turbofan En- rity of personally identifiable information EC–2001. A communication from the Acting gines’’ ((RIN2120–AA64)(Docket No. FAA– collected by States when issuing driver’s li- Director of Sustainable Fisheries, National 2006–23742)) received in the Office of the censes and identification documents, and for Marine Fisheries Service, Department of President of the Senate on June 8, 2009; to other purposes; to the Committee on Home- Commerce, transmitting, pursuant to law, the Committee on Commerce, Science, and land Security and Governmental Affairs. the report of a rule entitled ‘‘Fisheries of the Transportation. By Ms. CANTWELL: Exclusive Economic Zone Off Alaska; Shal- S. 1262. A bill to amend title VII of the EC–2009. A communication from the Pro- low-Water Species Fishery by Catcher Proc- Public Health Service Act and titles XVIII gram Analyst, Federal Aviation Administra- essors in the Gulf of Alaska’’ (RIN0648–XP23) and XIX of the Social Security Act to pro- tion, Department of Transportation, trans- received in the Office of the President of the vide additional resources for primary care mitting, pursuant to law, the report of a rule Senate on June 9, 2009; to the Committee on services, to create new payment models for entitled ‘‘Airworthiness Directives; BAE Commerce, Science, and Transportation. services under Medicare, to expand provision EC–2002. A communication from the Acting Systems (Operations) Limited (Jetstream) of non-institutionally-based long-term serv- Director of Sustainable Fisheries, National Model 4101 Airplanes’’ ((RIN2120– ices, and for other purposes. Marine Fisheries Service, Department of AA64)(Docket No. FAA–2009–10–02)) received By Mr. WARNER: Commerce, transmitting, pursuant to law, in the Office of the President of the Senate S. 1263. A bill to amend title XVIII of the the report of a rule entitled ‘‘Fisheries of the on June 8, 2009; to the Committee on Com- Social Security Act to provide for advanced Exclusive Economic Zone Off Alaska; Pacific merce, Science, and Transportation. illness care management services for Medi- Cod by American Fisheries Act Catcher EC–2010. A communication from the Pro- care beneficiaries, and for other purposes; to Processors Using Trawl Gear in the Bering gram Analyst, Federal Aviation Administra- the Committee on Finance. Sea and Aleutian Islands Management Area’’ tion, Department of Transportation, trans- By Mr. UDALL of Colorado (for himself (RIN0648–XP29) received in the Office of the mitting, pursuant to law, the report of a rule and Mr. BENNET): President of the Senate on June 9, 2009; to entitled ‘‘Airworthiness Directives; 328 Sup- S. 1264. A bill to require the Secretary of the Committee on Commerce, Science, and port Services GmbH Dornier Model 328–100 the Interior to assess the irrigation infra- Transportation. and –300 Airplanes’’ ((RIN2120–AA64)(Docket structure of the Pine River Indian Irrigation EC–2003. A communication from the Acting No. FAA–2009–0419)) received in the Office of Project in the State of Colorado and provide Director of Sustainable Fisheries, National the President of the Senate on June 8, 2009; grants to, and enter into cooperative agree- Marine Fisheries Service, Department of to the Committee on Commerce, Science, ments with, the Southern Ute Indian tribe to Commerce, transmitting, pursuant to law, and Transportation. assess, repair, rehabilitate, or reconstruct

VerDate Nov 24 2008 23:41 Jun 15, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.006 S15JNPT1 rfrederick on PROD1PC67 with SENATE June 15, 2009 CONGRESSIONAL RECORD — SENATE S6581 existing infrastructure, and for other pur- S. 511 cial Security Act to cover physician poses; to the Committee on Indian Affairs. At the request of Mr. TESTER, the services delivered by podiatric physi- By Mr. CORNYN (for himself, Mr. name of the Senator from South Da- cians to ensure access by Medicaid BEGICH, and Mr. VITTER): kota (Mr. JOHNSON) was added as a co- beneficiaries to appropriate quality S. 1265. A bill to amend the National Voter Registration Act of 1993 to provide members sponsor of S. 511, a bill to amend part foot and ankle care. of the Armed Forces and their family mem- B of title XVIII of the Social Security S. 769 bers equal access to voter registration assist- Act to provide for an exemption of At the request of Mrs. LINCOLN, the ance, and for other purposes; to the Com- pharmacies and pharmacists from cer- names of the Senator from North Caro- mittee on Rules and Administration. tain Medicare accreditation require- lina (Mr. BURR) and the Senator from By Ms. KLOBUCHAR (for herself, Mr. ments in the same manner as such ex- Mississippi (Mr. WICKER) were added as WARNER, and Mrs. LINCOLN): emption applies to certain profes- cosponsors of S. 769, a bill to amend S. 1266. A bill to amend title 23, United sionals. States Code, to direct the Secretary of title XVIII of the Social Security Act Transportation to require that broadband S. 547 to improve access to, and increase uti- conduit be installed as part of certain high- At the request of Mr. BINGAMAN, the lization of, bone mass measurement way construction projects, and for other pur- name of the Senator from Wisconsin benefits under the Medicare part B pro- poses; to the Committee on Environment and (Mr. FEINGOLD) was added as a cospon- gram. Public Works. sor of S. 547, a bill to amend title XIX S. 801 f of the Social Security Act to reduce At the request of Mr. AKAKA, the SUBMISSION OF CONCURRENT AND the costs of prescription drugs for en- name of the Senator from Pennsyl- SENATE RESOLUTIONS rollees of Medicaid managed care orga- vania (Mr. SPECTER) was added as a co- nizations by extending the discounts sponsor of S. 801, a bill to amend title The following concurrent resolutions offered under fee-for-service Medicaid 38, United States Code, to waive and Senate resolutions were read, and to such organizations. charges for humanitarian care provided referred (or acted upon), as indicated: S. 572 by the Department of Veterans Affairs By Mr. DEMINT (for himself, Mr. At the request of Mr. WEBB, the name to family members accompanying vet- BARRASSO, Mr. BROWNBACK, Mr. of the Senator from Maryland (Mr. erans severely injured after September BUNNING, Mr. BYRD, Mr. CRAPO, Mr. 11, 2001, as they receive medical care ENZI, Mr. INHOFE, Mr. THUNE, and Mr. CARDIN) was added as a cosponsor of S. from the Department and to provide WICKER): 572, a bill to provide for the issuance of S. Con. Res. 27. A concurrent resolution di- a ‘‘forever stamp’’ to honor the sac- assistance to family caregivers, and for recting the Architect of the Capitol to en- rifices of the brave men and women of other purposes. grave the Pledge of Allegiance to the Flag the armed forces who have been award- S. 827 and the National Motto of ‘‘In God we trust’’ ed the Purple Heart. At the request of Mr. ROCKEFELLER, in the Capitol Visitor Center; to the Com- the name of the Senator from South mittee on Rules and Administration. S. 624 Dakota (Mr. THUNE) was added as a co- At the request of Mr. DURBIN, the f sponsor of S. 827, a bill to establish a name of the Senator from Georgia (Mr. program to reunite bondholders with ADDITIONAL COSPONSORS ISAKSON) was added as a cosponsor of S. matured unredeemed United States 624, a bill to provide 100,000,000 people S. 46 savings bonds. At the request of Mr. ENSIGN, the with first-time access to safe drinking S. 841 names of the Senator from Connecticut water and sanitation on a sustainable basis by 2015 by improving the capacity At the request of Mr. KERRY, the (Mr. LIEBERMAN) and the Senator from name of the Senator from Maryland Washington (Ms. CANTWELL) were of the United States Government to (Ms. MIKULSKI) was added as a cospon- added as cosponsors of S. 46, a bill to fully implement the Senator Paul Simon Water for the Poor Act of 2005. sor of S. 841, a bill to direct the Sec- amend title XVIII of the Social Secu- retary of Transportation to study and S. 645 rity Act to repeal the Medicare out- establish a motor vehicle safety stand- patient rehabilitation therapy caps. At the request of Mrs. LINCOLN, the ard that provides for a means of alert- S. 254 name of the Senator from Alaska (Ms. ing blind and other pedestrians of At the request of Mrs. LINCOLN, the MURKOWSKI) was added as a cosponsor motor vehicle operation. of S. 645, a bill to amend title 32, name of the Senator from Minnesota S. 879 United States Code, to modify the De- (Ms. KLOBUCHAR) was added as a co- At the request of Ms. COLLINS, the partment of Defense share of expenses sponsor of S. 254, a bill to amend title name of the Senator from Nevada (Mr. under the National Guard Youth Chal- XVIII of the Social Security Act to ENSIGN) was added as a cosponsor of S. lenge Program. provide for the coverage of home infu- 879, a bill to amend the Homeland Se- sion therapy under the Medicare Pro- S. 649 curity Act of 2002 to provide immunity gram. At the request of Mr. KERRY, the for reports of suspected terrorist activ- S. 405 name of the Senator from South Da- ity or suspicious behavior and re- At the request of Mr. LEAHY, the kota (Mr. THUNE) was added as a co- sponse. name of the Senator from Massachu- sponsor of S. 649, a bill to require an in- S. 891 setts (Mr. KERRY) was added as a co- ventory of radio spectrum bands man- At the request of Mr. BROWNBACK, the sponsor of S. 405, a bill to amend the aged by the National Telecommuni- name of the Senator from Mississippi Internal Revenue Code of 1986 to pro- cations and Information Administra- (Mr. WICKER) was added as a cosponsor vide that a deduction equal to fair mar- tion and the Federal Communications of S. 891, a bill to require annual disclo- ket value shall be allowed for chari- Commission. sure to the Securities and Exchange table contributions of literary, musi- S. 653 Commission of activities involving co- cal, artistic, or scholarly compositions At the request of Mr. CARDIN, the lumbite-tantalite, cassiterite, and created by the donor. name of the Senator from Idaho (Mr. wolframite from the Democratic Re- S. 423 RISCH) was added as a cosponsor of S. public of Congo, and for other purposes. At the request of Mr. AKAKA, the 653, a bill to require the Secretary of S. 950 name of the Senator from Rhode Island the Treasury to mint coins in com- At the request of Mrs. LINCOLN, the (Mr. WHITEHOUSE) was added as a co- memoration of the bicentennial of the name of the Senator from Washington sponsor of S. 423, a bill to amend title writing of the Star-Spangled Banner, (Ms. CANTWELL) was added as a cospon- 38, United States Code, to authorize ad- and for other purposes. sor of S. 950, a bill to amend title XVIII vance appropriations for certain med- S. 654 of the Social Security Act to authorize ical care accounts of the Department of At the request of Mr. BUNNING, the physical therapists to evaluate and Veterans Affairs by providing two-fis- name of the Senator from Ohio (Mr. treat Medicare beneficiaries without a cal year budget authority, and for BROWN) was added as a cosponsor of S. requirement for a physician referral, other purposes. 654, a bill to amend title XIX of the So- and for other purposes.

VerDate Nov 24 2008 23:41 Jun 15, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.010 S15JNPT1 rfrederick on PROD1PC67 with SENATE S6582 CONGRESSIONAL RECORD — SENATE June 15, 2009 S. 979 Public Health Service Act and the So- STATEMENTS ON INTRODUCED At the request of Mr. DURBIN, the cial Security Act to increase the num- BILLS AND JOINT RESOLUTIONS name of the Senator from Pennsyl- ber of primary care physicians and pri- By Mr. KYL (for himself, Mr. vania (Mr. SPECTER) was added as a co- mary care providers and to improve pa- MCCONNELL, Mr. ROBERTS, and sponsor of S. 979, a bill to amend the tient access to primary care services, Mr. CRAPO): Public Health Service Act to establish and for other services. S. 1259. A bill to protect all patients a nationwide health insurance pur- S. 1214 by prohibiting the use of data obtained chasing pool for small businesses and from comparative effectiveness re- the self-employed that would offer a At the request of Mr. LIEBERMAN, the search to deny coverage of items or choice of private health plans and name of the Senator from Alaska (Ms. services under Federal health care pro- make health coverage more affordable, MURKOWSKI) was added as a cosponsor grams and to ensure that comparative predictable, and accessible. of S. 1214, a bill to conserve fish and effectiveness research accounts for ad- S. 1019 aquatic communities in the United vancements in personalized medicine States through partnerships that foster At the request of Mr. HARKIN, the and differences in patient treatment name of the Senator from Minnesota fish habitat conservation, to improve response; to the Committee on Health, the quality of life for the people of the (Ms. KLOBUCHAR) was added as a co- Education, Labor, and Pensions. sponsor of S. 1019, a bill to amend the United States, and for other purposes. Mr. KYL. Mr. President, I wish to Internal Revenue Code of 1986 to allow S. 1233 talk about a bill Senator MCCONNELL a credit against income tax for the pur- and I introduced today. I think a com- At the request of Ms. LANDRIEU, the chase of hearing aids. panion bill will also be introduced by name of the Senator from New Hamp- some of the leadership in the House of S. 1023 shire (Mrs. SHAHEEN) was added as a co- Representatives. The number of the At the request of Mr. DORGAN, the sponsor of S. 1233, a bill to reauthorize bill is S. 1259, and this bill is called the names of the Senator from Connecticut and improve the SBIR and STTR pro- PATIENTS Act—‘‘patient’’ as in doc- (Mr. DODD), the Senator from Vermont grams and for other purposes. tor-patient. The idea is to focus on (Mr. SANDERS) and the Senator from S. 1242 health care as it relates to patients. Oregon (Mr. MERKLEY) were added as Health care reform should be patient cosponsors of S. 1023, a bill to establish At the request of Mr. THUNE, the centered. Nothing should come between a non-profit corporation to commu- names of the Senator from Texas (Mrs. the physician and the patient. We are nicate United States entry policies and HUTCHISON) and the Senator from Kan- concerned there is something being otherwise promote leisure, business, sas (Mr. BROWNBACK) were added as co- done that we need to stop because it and scholarly travel to the United sponsors of S. 1242, a bill to prohibit could, in fact, insert government bu- States. the Federal Government from holding reaucracies between the patient and S. 1026 ownership interests, and for other pur- the physician. What has happened is At the request of Mr. CORNYN, the poses. that in the stimulus bill, the Congress appropriated $1.1 billion for something name of the Senator from Pennsyl- S. 1253 vania (Mr. SPECTER) was added as a co- called comparative effectiveness re- At the request of Mr. CORKER, the sponsor of S. 1026, a bill to amend the search. Comparative effectiveness re- names of the Senator from Kentucky Uniformed and Overseas Citizens Ab- search has been used for years by phy- (Mr. MCCONNELL) and the Senator from sentee Voting Act to improve proce- sicians and hospitals. Medical schools Iowa (Mr. GRASSLEY) were added as co- dures for the collection and delivery of do research, and they determine what sponsors of S. 1253, a bill to address re- marked absentee ballots of absent kinds of treatments are best. For ex- imbursement of certain costs to auto- overseas uniformed service voters, and ample, if you have two different drugs mobile dealers. for other purposes. for the same condition, they will do testing to see which one seems to work S.J. RES. 15 S. 1066 the best. It is called clinical trials. At the request of Mr. SCHUMER, the At the request of Mr. VITTER, the They do clinical research, and physi- names of the Senator from Minnesota name of the Senator from Maine (Ms. cians and hospitals frequently use that (Ms. KLOBUCHAR) and the Senator from COLLINS) was added as a cosponsor of research as recommended for the best Massachusetts (Mr. KERRY) were added S.J. Res. 15, a joint resolution pro- way to treat a particular condition. It as cosponsors of S. 1066, a bill to amend posing an amendment to the Constitu- is not mandatory. Obviously, what is title XVIII of the Social Security Act tion of the United States authorizing good for most patients may not be good to preserve access to ambulance serv- the Congress to prohibit the physical for all patients. So it is not something ices under the Medicare program. desecration of the flag of the United that is obviously forced upon people, S. 1091 States. but it provides good information. The problem is that too many people now At the request of Mr. WYDEN, the S. CON. RES. 11 name of the Senator from New Jersey who are proposing health care reform (Mr. MENENDEZ) was added as a cospon- At the request of Ms. COLLINS, the want to use comparative effectiveness sor of S. 1091, a bill to amend the Inter- names of the Senator from Virginia research to end up rationing care, to nal Revenue Code of 1986 to provide for (Mr. WARNER), the Senator from North have a Federal entity or even a State an energy investment credit for energy Dakota (Mr. CONRAD), the Senator from entity, or I should say a private entity, storage property connected to the grid, Vermont (Mr. LEAHY), the Senator use that research in ways that would and for other purposes. from Minnesota (Ms. KLOBUCHAR) and end up rationing care, to say some care the Senator from Hawaii (Mr. AKAKA) is just too expensive for you to have, S. 1157 were added as cosponsors of S. Con. and since the government is paying for At the request of Mr. CONRAD, the Res. 11, a concurrent resolution con- it, the government is not going to give name of the Senator from South Da- demning all forms of anti-Semitism it to you. kota (Mr. JOHNSON) was added as a co- and reaffirming the support of Con- What our bill would do is make it sponsor of S. 1157, a bill to amend title gress for the mandate of the Special clear that comparative effectiveness XVIII of the Social Security Act to Envoy to Monitor and Combat Anti- research cannot be used to deny cov- protect and preserve access of Medicare Semitism, and for other purposes. erage of either a health care service or beneficiaries in rural areas to health treatment by the Secretary of HHS. care providers under the Medicare pro- S. CON. RES. 26 And we say the Secretary of Health gram, and for other purposes. At the request of Mr. HARKIN, the and Human Services because all of the S. 1174 name of the Senator from Illinois (Mr. various entities that might do that in At the request of Ms. CANTWELL, the BURRIS) was added as a cosponsor of S. the Federal Government are part of name of the Senator from Pennsyl- Con. Res. 26, a concurrent resolution HHS. So we simply prohibit the Sec- vania (Mr. SPECTER) was added as a co- apologizing for the enslavement and ra- retary of HHS from using this com- sponsor of S. 1174, a bill to amend the cial segregation of African Americans. parative effectiveness research to deny

VerDate Nov 24 2008 23:41 Jun 15, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.012 S15JNPT1 rfrederick on PROD1PC67 with SENATE June 15, 2009 CONGRESSIONAL RECORD — SENATE S6583 health care service or treatment. You This is especially important if we Another point I have tried to make would think that would be have a government-run insurance com- to colleagues is, if they think the Fed- uncontroversial, and I am hoping at pany, which is what many on the other eral Government isn’t considering this, the end of the day that it is not con- side of the aisle are talking about. think about what some people have troversial. Nobody wants their health The President has said he wants a so- said in the Federal Government about care rationed by somebody here in called public option so there will be a allocating treatment based upon cost. Washington, DC. government insurance company that No less than the Acting Director of the It would also require that compara- will be a place where everybody could National Institutes of Health, Raynard tive effectiveness research account for go for coverage if they don’t have it. I Kington, announced that the NIH could differences in the preference of pa- happen to think there are better ways use this stimulus money, money in the tients and their treatment response to of getting everybody covered. To the so-called stimulus bill that pays for personalized medicine on something extent we have some people who need comparative effectiveness research, to called genomics. help in getting coverage, the govern- ration care just as is done in other Genomics is the breakdown of the ment can provide that help without countries. The NIH released a list of re- genes in the body into all of the dif- changing the kind of coverage all the search topics and called for the inclu- ferent elements which make us unique rest of us have. Surveys show, by about sion of rigorous cost effectiveness anal- as individuals. What genomics research two to one, Americans believe we ysis because ‘‘cost effectiveness re- focuses on is, what exactly is it in your should help people get insurance who search will provide accurate and objec- gene composition, the human genome, don’t have it. But by the same rough tive information to guide future poli- that might be different from someone numbers, everybody says: However, cies that support the allocation of else’s that means that a personalized you don’t need to affect my coverage in health resources for the treatment of treatment would work for you whereas order to do that. In other words, I have acute and chronic diseases.’’ ‘‘Alloca- it might not work for someone else. insurance. I like it. I want to keep it. tion of resources’’ is a euphemism for They are actually finding that they I don’t want to change. I don’t want to rationing of health care. Similar state- can tailor specific drugs to treat spe- have to pay through my insurance or ments have been made by Larry Sum- cific genes in such a way that, if they through having care rationed in order mers. Frankly, the President himself know your human composition, they to make sure somebody else gets care. has talked about this, not in those spe- can find a way to treat your condi- cific terms, but in a recent interview tion—say, a cancer—potentially slight- The bottom line is, we all want that sa- cred doctor-patient relationship main- with he said: ly differently than they would treat What I think government can do effec- someone else’s cancer, whether it is in tained. One might ask: Why would we be tively is to be an honest broker in assessing the dosage of the medicine or in the worried that this comparative effec- and evaluating treatment options. specific kind of medicine or however it tiveness research might be used to ra- If the government is going to be a might be—the point being that not ev- tion care? Is there anything in the leg- broker in treatment options, that also eryone is the same. In fact, we are all islation that suggests this is going to is a euphemism for deciding what it is different, we are all unique, and one of happen? As it turns out, in both the going to pay for and what it will not. the things medicine must recognize is In other words, what one can and can- our uniqueness as individuals and not bill that came from the HELP Com- mittee and the legislation that will be not get. get into the habit of saying that there When a former Senator and at one is a sort of a size that fits all here, and drafted in the Finance Committee, there are organizations that are going point candidate for HHS Secretary we are going to say that if doctors will talked about this, he acknowledged in to do this research that could, in fact, treat everyone with this particular a book he wrote that doctors and pa- ration care. In the HELP Committee medical device or drug or treatment, tients might resent any encroachment bill, there is a specific provision that a then we will pay for it, but we are not on their ability to use certain treat- government entity is going to be cre- going to pay for it if they do anything ments, but he called for the same kind ated to conduct this research and noth- else. That would not be good medicine. of body in his book that would, in ef- ing whatsoever prohibits that entity That inserts the government between fect, allocate treatments based upon from denying care based upon the ap- the doctor and the patient. So we say this kind of cost research. that can’t be done using this compara- plication of rationing. The same is true There are many others who have spo- tive effectiveness research. under the plan talked about in the Fi- ken about it as well. We know from ex- By the way, the bill also makes clear nance Committee. There a private enti- perience that this hasn’t worked out so that nothing prohibits the FDA Com- ty is organized, but there is nothing well in countries that have tried it missioner from responding to drug that would prevent the Federal Gov- such as Great Britain and Canada. In safety concerns under his authority. ernment from rationing the care that fact, I will quote one other individual Obviously, if a drug is not safe, the is researched by the private entity. who has talked about this, a professor FDA needs to say the drug is not safe The HELP Committee creates what at the Harvard Business School. Regina and the Federal Government is not it calls the agency for health care re- Herzlinger said that the comparative going to pay for it. That is obvious. search and quality in the Department effectiveness research in the stimulus But the point is that this compara- of Health and Human Services. In the bill could easily morph into what she tive effectiveness research should not Finance Committee, it is a private re- called ‘‘an instrument of health care be used by the government to deny or search entity. But in neither case is rationing by the federal government.’’ delay or to ration care. The reason for the Federal Government prohibited There are comparisons to what is it is, obviously, we all want to be in from using this comparative effective- being done in Great Britain and other charge of our own health care with our ness research in rationing care. European countries and Canada; iron- doctor. We want the choice. If a doctor In addition, the HELP Committee ically, at a time when those countries says: We think you need this kind of bill establishes a medical advisory are actually turning away from the treatment and we can get coverage for council. The medical advisory council federal monopoly or the national mo- that from our insurance, we want to be is specifically given very broad author- nopoly because of the fact that it has able to get that care. If we cannot, we ity to make recommendations on resulted in rationing of care that the want to try to find insurance that will health benefits coverage; in other citizens of those countries don’t like. provide that kind of coverage for us. At words, what is covered by the Federal A former head of the American Med- least at a minimum, we want to be able Government. Obviously, when the Fed- ical Association, which has endorsed to pay for the treatment, if nothing eral Government sets rules, insurance the legislation Senator MCCONNELL and else. What we do not want is for the companies frequently apply those same I are introducing, said in an op-ed in Federal Government to say that it does kind of rules. We don’t want the gov- the Chicago Tribune today, talking not matter if you want to pay for it, it ernment, rather than patients and doc- about the British agency, for which, does not matter if you are covered, you tors, making decisions about how much ironically, the acronym is NICE: cannot get it because the Federal Gov- health care or what health care one For example, the agency that makes these ernment says so. would have. decisions in the United Kingdom determined

VerDate Nov 24 2008 23:41 Jun 15, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.001 S15JNPT1 rfrederick on PROD1PC67 with SENATE S6584 CONGRESSIONAL RECORD — SENATE June 15, 2009 that we are all worth $22,750 or six months of lies. Whatever else we may think needs And end-of-life specialists can provide com- life or $125 a day. I’m sorry. But $125 is the to be done to reform health care, the passionate palliative care to seniors to en- cost of a nice date with my wife, not the one thing we can all agree on is, it sure their last days are spent in comfort. This didn’t all just magically happen. But value of my life. should not result in rationing of health What he is talking about is some- it could all magically go away. care for Americans. Our legislation is Swirling around us is a great debate that thing called quality adjusted life years one step in that process. It doesn’t pre- will decide the future of medical care in which is the British definition of the clude rationing of health care in other America. There are those who desire a sin- value they are going to place on a life ways. But at least it says comparative gle-payer system, although the ‘‘single for the purpose of comparing the cost effectiveness research cannot be used payer’’ would be the 100 million Americans done by this cost effectiveness research in order to ration care. I hope our col- who pay taxes. It would leave the govern- to see whether the cost of the treat- ment in charge of our medical choices. But leagues will view this legislation as an since single-payer advocates know the ma- ment outweighs the value of the life. important step we can take. Think about that. Let me quote from jority of Americans oppose such a system, Let me give a couple examples I said they have decided to advance an alter- the NICE Web site. It stands for Na- I would provide. There is a fellow by native—known as the public option. tional Institute for Health and Clinical the name of Rocky Fernandez, a kid- Either approach would seriously weaken Excellence, NICE. Here is what it says ney cancer patient in Britain. He was the health-care system we enjoy today. The on Great Britain’s Web site: given 2 months to live when the cancer public option would cost $1.2 trillion to $1.8 With the rapid advances in modern medi- spread to his lungs. His doctor wanted trillion to set up. Is that something our na- tion can afford, especially considering the cine, most people accept that no publicly to prescribe a drug called Sutent, a funded health care system, including the latest estimates that Medicare is going to be new drug for advanced kidney cancer, bankrupt in 10 years? NHS, can possibly pay for any new medical but the government said no. He and treatment that becomes available. Is it the goal of some individuals to even- thousands of other cancer patients pro- tually wipe out all private insurance plans If the Federal Government has a mo- tested the government’s decision. This and house all health care under the umbrella nopoly, it probably doesn’t have is what you would have to do, I gather. of the federal government? These types of enough money to pay for every treat- The government ultimately reversed government-controlled systems already exist in other countries, and all have stories of pa- ment that becomes available. It goes its decision and, fortunately, he was on to say: tients who had to wait months to see special- able to begin taking the drug. The ists. It’s common to hear of patients who The enormous costs involved mean that British health authorities knew this were not allowed to get the treatment their choices have to be made. wasn’t the end, that as more costly life doctor prescribed because a bureaucratic de- That is why they ration care in Great extending drugs would become avail- cision was made on the value of their life. Britain. It goes on: able, patients would demand access to For example, the agency that makes these The QALY [quality-adjusted life year] the drugs and the government would be decisions in the United Kingdom determined method helps us measure these factors so we faced with increasingly difficult deci- that we are all worth $22,750 for six months of life—or $125 a day. I’m sorry, but $125 is can compare different treatments for the sions. So faced with a finite pot of re- same and different conditions. the cost of a nice date with my wife, not the sources, the British health authorities value of life. It is an idea of how much extra decided that expensive drugs like The American Medical Association, rep- months or years of life of reasonable Sutent would only be approved under resenting more than 250,000 physicians, and quality a person might gain as a result specific conditions: They must extend an organization I once led, recently came out of the treatment. life by 3 months, and they must be used in opposition to the proposed public plan, Each drug is considered on a case-by-case for illnesses that affect fewer than 7,000 saying that it ‘‘threatens to restrict patient basis. Generally, however, if a treatment patients a year. choice’’ and that it ‘‘would likely lead to an costs more than 20,000 to 30,000 pounds per explosion of costs that would need to be ab- Is that what we want in the United sorbed by taxpayers.’’ [quality-adjusted life year], then it would States? Before you could get a drug not be considered cost effective. That position comes from studying govern- that would give you better quality of ment-controlled health care elsewhere. Dur- And they don’t give it to you. life or extend your life, the government ing my year as president of the AMA, I was We have many examples of people in is going to run through tests like this. able to visit and see firsthand the success Great Britain who are denied care be- And if it doesn’t meet the test, you and failures of other health-care systems. I cause the government has decided that don’t get the drug? This is the danger recall meeting with the chairman of the the cost of the treatment is more than British Medical Association in June 2003, of a government-run system. In effect, when he characterized his nation’s single- the quality-adjusted life year. This is bureaucrats in the government become adjusted for age so that the older you payer health-care system as ‘‘the stifling of health care cops. We don’t want that in innovation by excessive, intrusive audit... get, even though the treatment may America. the shackling of doctors by prescribing cost less, you are less likely to get it In the reform legislation that we end guidelines, referral guidelines and because of your age. Think about that up acting on, I hope we can all agree protocols... the suffocation of professional for a moment. If something costs that one of the things we can do to pre- responsibility by target-setting and produc- $20,000 in the United States and you are vent this rationing is to at least say we tion line values that leave little room for the 65 years of age and they decide that professional judgment of individual doctors will do no harm. We will not allow this or the needs of individual patients.’’ they can’t afford to pay for it, is that comparative effectiveness research to what the United States of America is And what else will happen when the gov- be used by the Federal Government to ernment asserts its control over health care? all about? Is that what our government deny our care. Medical creativity, discovery and innova- should be telling us? Should the gov- I ask unanimous consent to print in tion—the same creativity and discovery and ernment have the right to say: Based the RECORD the op-ed from the Chicago innovation that we have relied on for genera- on this research we have done, you Tribune by Dr. Palmisano from which I tions—will dry up. Today, millions of Ameri- can’t have that treatment? quoted earlier. cans rely on statins to reduce their risk of If you believe that can’t happen in heart attack. The new da Vinci surgical sys- There being no objection, the mate- tem is already revolutionizing the way sur- the United States, I think it can. It has rial was ordered to be printed in the happened in Great Britain and Canada. gery is performed in operating rooms across RECORD, as follows: the country. And wounded veterans are being Our legislation says it can’t. So what is [From the Chicago Tribune, June 15, 2009] fitted with next-generation prosthetic limbs the harm in adopting our legislation? so they can walk again. REFORM MEASURES SHOULD NOT WEAKEN OUR That is the question I will be asking of Only in America. HEALTH CARE anyone who says is it not necessary. We must find ways to expand access to af- I want to put the question: Then (By Donald J. Palmisano) fordable health care to the uninsured. Amer- what harm does it do to say that this Over the past several decades, our nation ica can solve the current problems with a research can’t be used by the Federal has built the finest health-care system in the system that expands insurance coverage world. From birth to death we value and care through tax credits, consumer choice and Government to deny or delay treat- for life. Surgeons can perform life-saving market enhancements. However, in the proc- ment? I hope my colleagues will appre- heart surgery on a child that is still in utero. ess of expanding care, we cannot create a ciate that health care is the most im- Expert trauma doctors can save the life of a weaker system for the 80 percent of Ameri- portant thing to all of us for our fami- mother who was badly hurt in a car crash. cans who are happy with their coverage. It

VerDate Nov 24 2008 01:03 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.002 S15JNPT1 rfrederick on PROD1PC67 with SENATE June 15, 2009 CONGRESSIONAL RECORD — SENATE S6585 would be a serious mistake to have a govern- ance to government insurance. At that know there is a revolt going on in their ment-controlled micromanaged medical sys- point, you do not have any option. So countries about people who are not get- tem that would result in diminished quality the government-run plan is not like it ting the care they need. So the safety of care, long waiting lines for doctors’ visits and surgical care, a lack of access to emerg- is an option for you, unless you want to valve for that is to provide an option ing technologies and the virtual end to new change jobs to an employer that is for the private sector to actually pro- and hopeful medical discovery. Health care willing to maintain the coverage. And vide for this coverage. shouldn’t be dictated to us by a faceless bu- those are going to be few and far be- Why would we want to replicate their reaucrat in Washington. tween. The same thing is true with the basic mistake in so-called health care A lot is at stake as the nation engages in individual health care market. reform? There are easier, less costly, the health-care debate. Will we have a sys- The bottom line is, when people say and less harmful ways to do that than tem that puts the patient in control with the to you: Well, if you like your coverage, doctor as trusted adviser, or a government- the legislation that is being proposed run system that ultimately rations care and you are going to be able to keep it, that would allow comparative effec- stifles innovation and self-determination? I that is not true. Incidentally, under tiveness research to ration your care. hope it’s the former. the bill that is being written by the Fi- I hope my colleagues will take a look Mr. KYL. We have actually seen the nance Committee, that is explicitly at our legislation, S. 1259. If they would danger in using this kind of research not true either. That is why we are like to cosponsor it, we would love to for rationing of care in another con- concerned about this. Because even have support because when this issue text. When we created Medicare Part though you may like the insurance you gets to the floor, we will want our col- D, which provides drugs to seniors, we have today and say: The Federal Gov- leagues to weigh in and send a very saw the danger of rationing of drugs, ernment can’t tell me what care I can strong message that comparative effec- and so we specifically provided, in the get, it will not be too much longer be- tiveness research is great but it is not Medicare Modernization Act, an ex- fore that may not be true. You will good if it is used to deny care or to ra- plicit provision that says you can’t use have the government insurance, and it tion care to the American people. That cost-effective analysis to allocate the will tell you what care it can give you. we have to put an absolute stop to drugs. It is prohibited there. What we When we talk about the fact that we right now, and our legislation would do should do is take that same policy and are eager for health reform, what we that. apply it to the rest of our health care, are talking about is allowing people to Mr. President, I ask unanimous con- to seniors who are on Medicare and to keep their current coverage; allowing sent that the text of the bill be printed the rest of the population, to the ex- them to take their coverage with them; in the RECORD. tent the Federal Government will be that is to say, it is portable when you There being no objection, the text of able to dictate its care. We have not leave one job and you go to another the bill was ordered to be printed in provided that same protection for any job, to make sure you cannot be denied the RECORD, as follows: other care, and that is what our legis- care because you have a preexisting S. 1259 lation, the PATIENTS Act, would do. condition; and if you need financial Be it enacted by the Senate and House of Rep- The final thing I wish to discuss is help in getting insurance, to find a way resentatives of the United States of America in the notion that we can have a govern- to provide that financial help. Congress assembled, ment-run insurance plan and that We believe those are better solutions SECTION 1. SHORT TITLE. somehow that will be healthy for to making sure everyone is insured This Act may be cited as the ‘‘Preserving Americans. Stop and think, a govern- than providing a public option. It is a Access to Targeted, Individualized, and Ef- ment-run option or government option little like the government taking over fective New Treatments and Services (PA- TIENTS) Act of 2009’’ or the ‘‘PATIENTS Act would be the Federal Government mak- General Motors. The only difference is, of 2009’’. ing decisions about care. So while you it is one thing if the people who are SEC. 2. PROHIBITION ON CERTAIN USES OF DATA may decide it is a lot cheaper because now running General Motors make a OBTAINED FROM COMPARATIVE EF- the Federal Government can subsidize mistake. It is usually not going to be a FECTIVENESS RESEARCH; ACCOUNT- the insurance plan, the government life-or-death situation. But it is a ING FOR PERSONALIZED MEDICINE AND DIFFERENCES IN PATIENT will actually be deciding what kind of whole new ball game if the government TREATMENT RESPONSE. coverage you get. This is one of the is deciding you cannot get a particular (a) IN GENERAL.—Notwithstanding any areas we are concerned about in using drug or a particular kind of surgery other provision of law, the Secretary of this comparative effectiveness re- that your doctor says you need. Health and Human Services— search. Because clearly the so-called The bottom line is, Washington-run (1) shall not use data obtained from the public option, in order to keep costs health care has significant dangers in conduct of comparative effectiveness re- down, could end up rationing care. it—more than if you are going to run search, including such research that is con- That is OK if it is merely an option and the insurance companies or the car ducted or supported using funds appropriated under the American Recovery and Reinvest- people figured out, wait a minute, even companies or the banks. When you ment Act of 2009 (Public Law 111–5), to deny though it is cheaper, I don’t want this. have a Medical Advisory Council, as coverage of an item or service under a Fed- But what Lewin and Associates, a the HELP Committee legislation pro- eral health care program (as defined in sec- health care consulting group, says is vides, or a National Institute for tion 1128B(f) of the Social Security Act (42 that unfortunately, because private Health and Clinical Excellence— U.S.C. 1320a–7b(f))); and employers are likely to dump their em- NICE—as in Great Britain, it is any- (2) shall ensure that comparative effective- ployees into the government-run sys- thing but nice when your health care is ness research conducted or supported by the tem, about two-thirds of the people denied to you. Federal Government accounts for factors contributing to differences in the treatment who have insurance today, 119 million What we are trying to prevent by this response and treatment preferences of pa- people, would end up with the govern- legislation, for the final time, is a situ- tients, including patient-reported outcomes, ment-run plan rather than the private ation where the government is in a po- genomics and personalized medicine, the insurance they have today. When the sition to tell you that you cannot have unique needs of health disparity populations, President says, if you like your insur- a certain drug or treatment or device and indirect patient benefits. ance coverage, you get to keep it, I your doctor has said you need because (b) RULE OF CONSTRUCTION.—Nothing in hope what he means is that we won’t they use this comparative effectiveness this section shall be construed as affecting do anything in our legislation to make research to say: Well, in your case, you the authority of the Commissioner of Food and Drugs under the Federal Food, Drug, and that more difficult. are not going to live much longer any- Cosmetic Act or the Public Health Service But if, in fact, the predictions of con- way. It is not cost effective for us to Act. sulting groups such as Lewin come buy that for you. true, what will happen is, employers, That is not the American way. As I Mr. AKAKA (for himself, Mr. faced with the situation where it is said, it is ironic countries such as Can- VOINOVICH, Mr. LEAHY, Mr. much cheaper for them to insure their ada and Great Britain are actually be- TESTER, Mr. BAUCUS, and Mr. employees through this government- ginning to now provide private alter- CARPER): run plan, will take 119 million people natives because they know they cannot S. 1261. A bill to repeal title II of the and transfer them from private insur- take care of all their citizens, and they REAL ID Act of 2005 and amend title II

VerDate Nov 24 2008 23:41 Jun 15, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.020 S15JNPT1 rfrederick on PROD1PC67 with SENATE S6586 CONGRESSIONAL RECORD — SENATE June 15, 2009 of the Homeland Security Act of 2002 to its current form. This simply cannot be which are not allowed to be printed on better protect the security, confiden- allowed to happen. the face of a license, would no longer tiality, and integrity of personally Because of my grave concerns with be allowed to be stored in the machine identifiable information collected by the REAL ID program, during the last readable zone, MRZ, of a license either. States when issuing driver’s licenses Congress, I along with several of my Because of the ability of licenses to and identification documents, and for colleagues introduced the Identity Se- hold more and more electronic infor- other purposes; to the Committee on curity Enhancement Act, which would mation, it is also important to insti- Homeland Security and Governmental have repealed the REAL ID Act and re- tute important new protections for the Affairs. placed it with a negotiated rulemaking use of the data stored on licenses. A Mr. AKAKA. Mr. President, today I process that would have enhanced the new industry is growing up sur- am, along with Senators VOINOVICH, security of State driver’s licenses while rounding the collection and sale of LEAHY, TESTER, BAUCUS, and CARPER, also providing for strong privacy pro- data stored in MRZs for marketing introducing the Providing for Addi- tections. Unfortunately, this bill did purposes. Often people are not in- tional Security in States’ Identifica- not advance, and we are now closer formed that their personal information tion Act of 2009, or the PASS ID Act. than ever to forcing states to ensure is being collected and might be tracked This bill represents a pragmatic ap- compliance with REAL ID. with their purchases or sold to third proach to resolving many of the most I along with my colleagues, the De- parties. This bill would allow scanning troubling aspects of the REAL ID Act, partment of Homeland Security, pri- of licenses to support law enforcement which has been in place for the past 4 vacy and civil liberties groups, and the purposes but not for other purposes. years. REAL ID was intended to imple- National Governors Association and For example, a store would be able to ment the 9/11 Commission’s rec- National Council of State Legislators— scan a driver’s license to double check ommendation for enhancing the secu- representing a broad range of views on that the patron is old enough to buy al- rity of drivers’ licenses. I support the 9/ REAL ID—have been working together cohol, but it would not be allowed to 11 Commission’s recommendation, but to develop a bill that will address the sell the information on the card to I have been a long-time opponent of the onerous problems with REAL ID in a marketers. This is an important step existing REAL ID Act due to the tre- practical manner that can win bipar- forward to ensure that privacy and se- mendous financial burden it imposes on tisan support. I believe that the bill we curity protections keep pace with tech- States and the serious privacy risks it are introducing represents a pragmatic nology, while still ensuring that the creates. alternative to REAL ID, which will MRZ can be used for its intended pur- Initially, DHS estimated the cost of save States considerable money and ad- poses. implementing REAL ID to be $23 bil- dress the most troubling aspects of the The other change that I want to lion, of which $14 billion would be REAL ID Act. point out is the clarification of Ameri- borne by the States. In the final regu- The PASS ID Act does exactly what cans’ right to travel on commercial lations, DHS’s overall cost estimate de- the 9/11 Commission recommended: it aircraft and to enter Federal buildings. creased to $10 billion, $4 billion of sets strong security standards for the The current law restricts these rights which States would have to pay. Many issuance of identification cards and by requiring a REAL ID to board com- States are facing serious budget short- driver’s licenses. What it does not do is mercial aircraft and to enter Federal falls and simply cannot afford this go far beyond that recommendation by buildings. This bill recognizes the im- cost. requiring the collection of Americans’ portance of secure identification to in- Additionally, REAL ID calls for all personal information and storing it in crease the safety and security of com- States to store copies of individuals’ a centralized repository accessible by mercial air travel and a narrower range documents such as birth certificates any State government. This legislation of Federal buildings. Compliant State and their photographs in databases and starts with repealing the existing identification will remain the preferred to provide all other State Departments flawed REAL ID Act, and replaces it method to board an aircraft, but the of Motor Vehicles with access to that with a modification of the original act PASS ID Act will clarify that people information. REAL ID does not require that peels away the most troubling as- cannot be denied boarding solely be- any privacy protection of these State pects that add high costs without real cause they lack secure identification. databases, which would contain mas- security benefits, and implements The Transportation Security Adminis- sive amounts of personal information. strong new protections to protect the tration will resolve any security con- These databases could provide one-stop privacy rights of individuals. cerns with people lacking a PASS ID shopping for identity thieves and the Perhaps the most important im- the same way they resolve other secu- backbone for a national identification provement in the PASS ID Act is the rity issues—with additional screening database. removal of the mandate that States or other inquiries as needed. Addition- Because of these problems, the De- share all of their driver’s license data ally, PASS ID would narrow the secure partment of Homeland Security has with each of the other States. This pro- identification requirement from all been forced to provide a series of exten- vision created a clear risk to the pri- Federal buildings to only Federal fa- sions for compliance. All 50 States plus vacy of all Americans’ personal infor- cilities containing mission functions the District of Columbia and the terri- mation and posed a great risk for iden- critical to homeland security, national tories were granted extensions until tity theft and fraud. Moreover, it was security, or defense. December 31, 2009. DHS may automati- this provision that raised the specter of This bill does not address all of my cally grant States further extensions a national database of all Americans’ concerns with REAL ID. Some others to May 11, 2011, if they meet certain personal information. The PASS ID will be disappointed that it does not benchmarks for compliance. Under the Act instead will allow States to con- address all of their concerns. However, final regulations, complete implemen- tinue to maintain their own individual the reality that we face is that in less tation is required by December 1, 2017. databases with more stringent security than a year, States will be required to Even under this drawn out timeline, it requirements. comply with a law on the books that is unclear if many States will comply. In addition, the PASS ID Act in- simply is overly burdensome and un- Several States, including Hawaii, have cludes all of the privacy protections workable. I believe that the legislation passed resolutions expressing their op- called for in my previous bill, the Iden- introduced today is the best bill that position to REAL ID. Eleven States tity Security Enhancement Act. The can garner broad bipartisan support. It have outright rejected REAL ID, put- bill calls on the States to put proce- represents a strong step toward fixing ting millions of Americans at risk of dures in place to protect information the most serious shortfalls in the not being able to enter Federal facili- that is stored or transmitted in an REAL ID Act and would introduce ties or board commercial airplanes electronic format. The bill also for the long-overdue, important new protec- next year if they do not meet DHS first time protects any machine read- tions. We cannot let the perfect be the benchmarks. Americans’ personal in- able data stored on identification cards enemy of the good, especially when we formation could also be compromised if and driver’s licenses themselves. In are working to address a seriously REAL ID were to fully take effect in particular, Social Security numbers, flawed law already on the books.

VerDate Nov 24 2008 23:41 Jun 15, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.023 S15JNPT1 rfrederick on PROD1PC67 with SENATE June 15, 2009 CONGRESSIONAL RECORD — SENATE S6587 I urge my colleagues to talk to your person unless the State is materially compli- ‘‘(C) Proof of the person’s social security Governors and other State government ant; and account number or verification that the per- officials, your constituents, and to pri- ‘‘(B) no person shall be denied boarding a son is not eligible for a social security ac- vacy experts to understand just how commercial aircraft solely on the basis of count number. failure to present a driver’s license or identi- ‘‘(D) Documentation showing the person’s much this legislation does to improve fication card issued pursuant to this sub- name and address of principal residence. existing law. By taking the time to title. ‘‘(2) SPECIAL REQUIREMENTS.— work with all stakeholders, I think ‘‘(2) AGENCY ACCEPTANCE.—Beginning 6 ‘‘(A) IN GENERAL.—To meet the require- that we have achieved a solution that years after the date on which final regula- ments of this section, a State shall comply leaves us much better off than we are tions are issued to implement this subtitle, with the minimum standards of this para- today. pursuant to section 5 of the PASS ID Act, a graph. As always, my goal remains to en- Federal agency may not accept, for any offi- ‘‘(B) EVIDENCE OF LAWFUL STATUS.—Before sure the privacy rights of all Ameri- cial purpose, a driver’s license or identifica- issuing a driver’s license or identification tion card unless the license or card complies card to a person, a State shall verify that cans, and I will continue to work close- with subsection (b). ly with the Department of Homeland the person— ‘‘(3) STATE CERTIFICATIONS.—The Secretary ‘‘(i) is a citizen or national of the United Security to ensure that privacy rights shall determine whether a State is meeting States; are protected fully during the imple- the requirements of this section based on ‘‘(ii) has been granted lawful permanent mentation of PASS ID. certifications made by the State to the Sec- residence in the United States; Mr. President, I ask unanimous con- retary. Such certifications shall be made at ‘‘(iii) has been granted asylum or with- sent that the text of the bill be printed such times and in such manner as the Sec- holding of removal, or has been admitted retary, in consultation with the Secretary of in the RECORD. into the United States as a refugee; There being no objection, the text of Transportation, may prescribe by regulation. ‘‘(iv) has been granted temporary residence ‘‘(4) CERTIFICATION OF OTHER IDENTIFICA- the bill was ordered to be printed in in the United States; TION DOCUMENTS.—The Secretary may certify ‘‘(v) has been paroled into the United the RECORD, as follows: any driver’s license or identification card, States under section 212(d)(5) of the Immi- S. 1261 including an Enhanced Driver’s License des- gration and Nationality Act (8 U.S.C. Be it enacted by the Senate and House of Rep- ignated by the Secretary under section 7209 1182(d)(5)), subject to such exceptions as the resentatives of the United States of America in of the 9/11 Commission Implementation Act Secretary, in the Secretary’s unreviewable Congress assembled, of 2004, as compliant with the requirements discretion, may prescribe for aliens paroled SECTION 1. SHORT TITLE. of this subtitle if the Secretary, after review, into the United States for prosecution or This Act may be cited as the ‘‘Providing determines such license or card meets the re- other categories of paroled aliens; for Additional Security in States’ Identifica- quirements of this subtitle. ‘‘(vi) is a lawful nonimmigrant in the tion Act of 2009’’ or the ‘‘PASS ID Act’’. ‘‘(b) MINIMUM DOCUMENT REQUIREMENTS.— United States; SEC. 2. REPEAL. To meet the requirements of this section, a ‘‘(vii) has a pending application for asylum Title II of the REAL ID Act of 2005 (Divi- State shall include, at a minimum, the fol- or withholding of removal and has been sion B of Public Law 109–13) is repealed. lowing information and features on each granted employment authorization; driver’s license and identification card ‘‘(viii) has been granted temporary pro- SEC. 3. IDENTIFICATION SECURITY. issued to a person by the State: tected status in the United States or has a (a) IN GENERAL.—Title II of the Homeland ‘‘(1) The person’s legal name. pending application for temporary protective Security Act of 2002 (6 U.S.C. 121 et seq.) is ‘‘(2) The person’s date of birth. status and has been granted employment au- amended by adding at the end the following: ‘‘(3) The person’s gender. thorization; ‘‘Subtitle E—Improved Security for Driver’s ‘‘(4) The person’s driver’s license or identi- ‘‘(ix) has been granted deferred action sta- Licenses and Personal Identification Cards fication card number. tus; ‘‘SEC. 241. DEFINITIONS. ‘‘(5) A digital photograph of the person. ‘‘(x) has a pending application for adjust- ‘‘In this subtitle: ‘‘(6) The person’s address of principal resi- ment of status to that of an alien lawfully ‘‘(1) DRIVER’S LICENSE.—The term ‘driver’s dence, except— admitted for permanent residence in the license’ means a motor vehicle operator’s li- ‘‘(A) as provided for under section 827 of United States or conditional permanent resi- cense, as defined in section 30301 of title 49, the Violence Against Women Act (Public dent status in the United States; United States Code. Law 109–162); or ‘‘(xi) has otherwise been granted employ- ‘‘(2) IDENTIFICATION CARD.—The term ‘iden- ‘‘(B) for any individual who a State deter- ment authorization in the United States; or tification card’ means a personal identifica- mines should be exempted from the require- ‘‘(xii) is otherwise an alien lawfully tion card, as defined in section 1028(d) of title ment under this paragraph to protect the present in the United States, as determined 18, United States Code, issued by a State. safety or security of the applicant. by the Secretary in the Secretary’s ‘‘(3) MATERIALLY COMPLIANT.—A State is ‘‘(7) The person’s signature. unreviewable discretion. ‘materially compliant’ if the State has cer- ‘‘(8) A combination of security features de- ‘‘(C) TEMPORARY DRIVER’S LICENSES AND tified to the Secretary that the State has signed to protect the physical integrity of IDENTIFICATION CARDS.— commenced issuing driver’s licenses and the document, including the prevention of ‘‘(i) IN GENERAL.—If a person presents evi- identification cards that are compliant with tampering, counterfeiting, or duplication of dence under any of clauses (iv) through (xii) the requirements of this subtitle. the document for fraudulent purposes. of subparagraph (B), the State may only ‘‘(4) OFFICIAL PURPOSE.—The term ‘official ‘‘(9) A common machine-readable tech- issue a temporary driver’s license or tem- purpose’ means— nology, containing the data elements avail- porary identification card to the person that ‘‘(A) accessing Federal facilities that con- able on the face of a driver’s license or iden- is valid for a time period ending not later tain mission functions critical to homeland tification card. A person’s social security than the expiration date of the applicant’s security, national security, or defense; number may not be included in these data authorized stay in the United States or, if ‘‘(B) accessing nuclear power plants; or elements. there is no such expiration date, for a period ‘‘(C) boarding federally regulated commer- ‘‘(10) A unique symbol designated by the not to exceed 1 year. The Secretary may, in cial aircraft. Secretary to indicate compliance with the the Secretary’s unreviewable discretion, au- ‘‘(5) SECRETARY.—The term ‘Secretary’ requirements under this section. thorize the issuance of temporary driver’s li- means the Secretary of Homeland Security. ‘‘(c) MINIMUM ISSUANCE STANDARDS.— censes or temporary identification cards, for ‘‘(6) STATE.—The term ‘State’ means a ‘‘(1) IN GENERAL.—To meet the require- periods longer than 1 year, to employees of State of the United States, the District of ments of this section, for all driver’s licenses international organizations and to other Columbia, Puerto Rico, the Virgin Islands, and identification cards issued under this nonimmigrant aliens who are authorized to Guam, American Samoa, and the Common- subtitle at least 1 year after the date on remain in the United States for an indefinite wealth of the Northern Mariana Islands. which final regulations are issued to imple- period. ‘‘SEC. 242. MINIMUM DOCUMENT REQUIREMENTS ment this subtitle, pursuant to section 5 of ‘‘(ii) DISPLAY OF EXPIRATION DATE.—A tem- AND ISSUANCE STANDARDS FOR the PASS ID Act, a State shall require, at a porary driver’s license or temporary identi- FEDERAL RECOGNITION. minimum, presentation and validation of the fication card issued pursuant to this sub- ‘‘(a) MINIMUM STANDARDS FOR FEDERAL following information before issuing a driv- paragraph shall clearly state the date on USE.— er’s license or identification card to a per- which it expires. ‘‘(1) IN GENERAL.—Beginning 1 year after son: ‘‘(iii) RENEWAL.—A temporary driver’s li- the date on which final regulations are ‘‘(A) A photo identity document, except cense or temporary identification card issued to implement this subtitle, pursuant that a non-photo identity document is ac- issued pursuant to this subparagraph may be to section 5 of the PASS ID Act— ceptable if it includes both the person’s full renewed only upon verification of the appli- ‘‘(A) a Federal agency may not accept, for name and date of birth. cant’s current lawful status. any official purpose, a driver’s license or ‘‘(B) Documentation showing the person’s ‘‘(3) VALIDATION OF DOCUMENTS.—To meet identification card issued by a State to any date of birth. the requirements of this section, a State—

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‘‘(A) shall not accept any foreign docu- in the issuance of driver’s licenses and iden- ‘‘(C) MINIMUM ALLOCATION.—In allocating ment, other than an official passport, to sat- tification cards. funds under this section, the Secretary shall isfy a requirement of paragraph (1) or (2); ‘‘(10) Limit the period of validity of all ensure that for each fiscal year— and driver’s licenses and identification cards ‘‘(i) except as provided under clause (ii), ‘‘(B) not later than 1 year after the date on that are not temporary to a period that does each State receives not less than an amount which final regulations are issued to imple- not exceed 8 years. equal to 0.35 percent of the total funds appro- ment this subtitle, pursuant to section 5 of ‘‘(e) EXCEPTIONS PROCESS.— priated for grants under this section for that the PASS ID Act, shall enter into a memo- ‘‘(1) IN GENERAL.—States shall establish an fiscal year; and randum of understanding with the Secretary exceptions process to reasonably accommo- ‘‘(ii) American Samoa, the Commonwealth to routinely utilize the automated system date persons who, for extraordinary reasons of the Northern Mariana Islands, Guam, and known as Systematic Alien Verification for beyond their control, are unable to present the Virgin Islands each receive not less than Entitlements established under section 121 of the necessary documents listed in subsection an amount equal to 0.08 percent of the total the Immigration Reform and Control Act of (c)(1). funds appropriated for grants under this sec- 1986 (Public Law 99–603), to verify the legal ‘‘(2) ALTERNATIVE DOCUMENTS.—Alternative tion for that fiscal year. presence status of a person, other than a documents accepted under an exceptions ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— United States citizen or national, who is ap- process established pursuant to paragraph (1) There are authorized to be appropriated to plying for a driver’s license or identification may not be used to demonstrate lawful pres- the Secretary, for each of the fiscal years card. ence under subsection (c)(2) unless such doc- 2010 through 2015, such sums as may be nec- ‘‘(d) OTHER REQUIREMENTS.—To meet the uments establish that the person is a citizen essary to carry out this section. requirements of this section, a State shall or national of the United States. ‘‘SEC. 245. STATE-TO-STATE ONE DRIVER, ONE LI- adopt the following practices in the issuance ‘‘(3) REPORT.—States shall include a report CENSE DEMONSTRATION PROJECT. of driver’s licenses and identification cards: on the use of exceptions made under this ‘‘(a) ESTABLISHMENT.—The Secretary, in ‘‘(1)(A) Employ technology to capture dig- subsection, which shall not include any per- consultation with the Secretary of Transpor- ital images of identity source documents so sonally identifiable information, as a compo- tation, shall establish a State-to-State 1 that the images can be retained in electronic nent of the certification required under sub- driver, 1 license demonstration project. storage in a transferrable format for at least ‘‘(b) PURPOSE.—The demonstration project as long as the applicable driver’s license or section (a)(3). established under this section shall include identification card is valid; or ‘‘(f) USE OF FEDERAL SYSTEMS.—States an evaluation of the feasibility of estab- ‘‘(B) retain paper copies of source docu- shall not be required to pay fees or other lishing an electronic system to verify that ments for at least as long as the applicable costs associated with the use of the auto- an applicant for a driver’s license or identi- driver’s license or identification card is mated systems known as Systematic Alien fication card issued in accordance with this valid. Verification for Entitlements and Social Se- subtitle does not retain a driver’s license or ‘‘(2) Subject each person who submits an curity On-Line Verification, or any other identification card issued in accordance with application for a driver’s license or identi- Federal electronic system, in connection fication card to mandatory facial image cap- with the issuance of driver’s licenses or iden- this subtitle by another State. ‘‘(c) REQUIREMENTS.—The demonstration ture. tification cards, in accordance with this sub- ‘‘(3) Establish an effective procedure to title. project shall include a review of— ‘‘(1) the costs affiliated with establishing confirm or verify a renewing applicant’s in- ‘‘(g) RULE OF CONSTRUCTION.—Nothing in formation. this section shall be construed to prohibit a and maintaining an electronic records sys- ‘‘(4) Confirm with the Social Security Ad- State from issuing driver’s licenses and iden- tem; ministration a social security account num- tification cards that do not comply with the ‘‘(2) the security and privacy measures nec- ber presented by a person using the full so- requirements of this section. essary to protect the integrity and physical cial security account number. In the event security of driver’s licenses; and ‘‘SEC. 243. USE OF FALSE DRIVER’S LICENSE AT ‘‘(3) the appropriate governance structure that a social security account number is al- AIRPORTS. to ensure effective management of the elec- ready registered to or associated with an- ‘‘(a) IN GENERAL.—The Secretary shall other person to which any State has issued a tronic records system, including preventing enter, into the appropriate aviation security the unauthorized use of information in the driver’s license or identification card, the screening database, appropriate information State may use any appropriate procedures to system, and ensuring the security and con- regarding any person convicted of using a fidentiality of personally identifiable infor- resolve nonmatches. false driver’s license at an airport. ‘‘(5) Establish an effective procedure to mation. ‘‘(b) DEFINITIONS.—In this section: confirm that a person submitting an applica- ‘‘(d) SAVINGS PROVISION.—Nothing in this ‘‘(1) AIRPORT.—The term ‘airport’ has the tion for a driver’s license or identification section may be construed to— meaning given such term under section 40102 card is terminating or has terminated any ‘‘(1) authorize the creation of a national of title 49, United States Code. driver’s license or identification card issued database of driver’s license information; or ‘‘(2) FALSE.—The term ‘false’ has the pursuant to this section to such person by a ‘‘(2) authorize States direct access to the meaning given such term under section State. motor vehicle database of another State. 1028(d) of title 18, United States Code. ‘‘(6) Provide for the physical security of lo- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— cations where driver’s licenses and identi- ‘‘SEC. 244. GRANTS TO STATES. There are authorized to be appropriated to fication cards are produced and the security ‘‘(a) ESTABLISHMENT.— the Secretary for each of the fiscal years 2010 of document materials and papers from ‘‘(1) IN GENERAL.—There is established a through 2012 such sums as may be necessary which driver’s licenses and identification State Driver’s License Enhancement Grant to carry out this section. cards are produced. Program to award grants to assist States in ‘‘SEC. 246. AUTHORITY. ‘‘(7) Establish appropriate administrative conforming to the minimum standards set ‘‘(a) PARTICIPATION OF SECRETARY OF and physical safeguards to protect the secu- forth in this subtitle. TRANSPORTATION AND STATES.—All authority rity, confidentiality, and integrity of person- ‘‘(2) DISTRIBUTION OF GRANTS.—The Sec- to issue regulations, set standards, and issue ally identifiable information collected and retary, through the Administrator of the grants under this subtitle shall be carried maintained at locations at which driver’s li- Federal Emergency Management Agency, out by the Secretary, in consultation with censes or identification documents are pro- shall distribute grants awarded under this the Secretary of Transportation and the duced or stored, including— section to States that submit an application States. ‘‘(A) procedures to prevent the unauthor- as follows: ‘‘(b) EXTENSIONS OF DEADLINES.—The Sec- ized access to, or use of, personally identifi- ‘‘(A) PROPORTIONAL ALLOCATION.—Not less retary may grant to a State an extension of able information; than 2⁄3 of the amounts appropriated for time to meet the requirements of section ‘‘(B) public notice of security and privacy grants under this section shall be allocated 242(a)(1) if the State provides adequate jus- policies, including the use, storage, access to each State in the ratio that— tification for noncompliance. to, and sharing of personally identifiable in- ‘‘(i) the number of driver’s licenses and ‘‘SEC. 247. LIMITATION ON STATUTORY CON- formation; identification cards issued by such State in STRUCTION. ‘‘(C) the establishment of a process the most recently ended calendar year; bears ‘‘Nothing in this subtitle may be construed through which individuals may access, to to— amend, and correct, as determined appro- ‘‘(ii) the number of driver’s licenses and ‘‘(1) affect the authorities or responsibil- priate by the State, their own personally identifications cards issued by all States in ities of the Secretary of Transportation or identifiable information. the most recently ended calendar year. the States under chapter 303 of title 49, ‘‘(8) Subject all persons authorized to man- ‘‘(B) REMAINING ALLOCATION.—The Sec- United States Code; or ufacture or produce driver’s licenses and retary may allocate to States any amounts ‘‘(2) preempt State privacy laws that are identification cards to appropriate security appropriated for grants under this section more protective of personal privacy than the clearance requirements. that are not allocated under subparagraph requirements of this subtitle or the stand- ‘‘(9) Establish fraudulent document rec- (A) in such manner as, in the Secretary’s dis- ards or regulations promulgated to imple- ognition and document validation training cretion, will most effectively assist in ment this subtitle, provided that such State programs for appropriate employees engaged achieving the goals of this subtitle. laws are consistent with this subtitle and

VerDate Nov 24 2008 23:41 Jun 15, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.019 S15JNPT1 rfrederick on PROD1PC67 with SENATE June 15, 2009 CONGRESSIONAL RECORD — SENATE S6589 the regulations prescribed pursuant to this (3) shall establish a process through which warded for maximizing the number of subtitle.’’. individuals may access, amend, and correct, services they provide rather than fo- (b) TECHNICAL AMENDMENT.—Section 1(b) of as determined appropriate by the Secretary, cusing primarily on health outcomes. the Homeland Security Act of 2002 (Public their own personally identifiable informa- This provides a financial disincentive Law 107–296) is amended by inserting after tion in any Federal databases used in com- the item relating to section 235 the fol- plying with this Act; to efficient care because such effi- lowing: (4) may not require a single design or num- ciencies actually result in decreased ‘‘Subtitle E—Improved Security for Driver’s bering system to which driver’s licenses or payments. My bill addresses this issue Licenses and Personal Identification Cards personal identification cards issued by all by linking physician payments to the ‘‘Sec. 241. Definitions. States shall conform; and quality of care they provide, not the ‘‘Sec. 242. Minimum document requirements (5) shall only apply to driver’s licenses or amount of services they perform. At and issuance standards for Fed- identification cards issued pursuant to sub- the same time, the bill recognizes the eral recognition. title E of title II of the Homeland Security need to allow for the differences in the ‘‘Sec. 243. Use of false driver’s license at air- Act of 2002, as added by section 3. cost of doing business across different ports. SEC. 6. SAVINGS PROVISION. regions. The resulting policy creates a ‘‘Sec. 244. Grants to States. (a) EFFECT OF REPEAL.—Nothing in section ‘‘Sec. 245. State-to-State one driver, one li- 2 shall affect the amendment or the repeal fair payment system that increases the cense demonstration project. set forth in sections 203(a) and 206 of the overall quality of care while resulting ‘‘Sec. 246. Authority. REAL ID Act of 2005. in a savings of $55 billion a year off the ‘‘Sec. 247. Limitation on statutory construc- (b) EFFECT OF COMPLETED ADMINISTRATIVE Medicare rolls. tion.’’. ACTIONS.—Completed personnel actions, The backbone of our health care sys- SEC. 4. USE OF DRIVER’S LICENSE OR IDENTI- agreements, grants, and contracts under- FICATION CARD DATA BY PRIVATE tem is comprised of the men and taken by an agency— women who devote their lives to the ENTITIES. (1) shall not be affected by any provision of Chapter 123 of title 18, United States Code practice of medicine. While our na- this Act, or any amendment made by this is amended— Act; and tion’s physician workforce is the best (1) in section 2722, by adding at the end the (2) shall continue in effect according to in the world, current policies have left following: their terms until amended, modified, super- our primary care network woefully ‘‘(c) COPYING INFORMATION FROM DRIVERS seded, terminated, set aside, or revoked by lacking, leaving many families—espe- LICENSES OR IDENTIFICATION CARDS.—It shall be unlawful for any person, knowingly and an officer of the United States, by a court of cially those in rural areas—without ac- without lawful authority— competent jurisdiction, or by operation of cess to basic care. As few as 2 percent ‘‘(1) to scan the information contained in law. of medical students opt for careers in the machine readable component of a driv- By Ms. CANTWELL: family medicine and general surgery er’s license or identification card; or primarily due to the low pay associated ‘‘(2)(A) to resell, share or trade that infor- S. 1262. A bill to amend title VII of the Public Health Service Act and ti- with such specialties. Therefore, a fun- mation with any other third parties; damental goal of reform must be ex- ‘‘(B) track the use of a driver’s license or tles XVIII and XIX of the Social Secu- identification card; or rity Act to provide additional re- panding the primary care workforce. ‘‘(C) store the information collected.’’; sources for primary care services, to My legislation includes provisions (2) in section 2724(a), by inserting ‘‘driver’s create new payment models for serv- which provide financial incentives for license, or identification card,’’ after ‘‘motor ices under Medicare, to expand provi- medical students and teaching hos- vehicle record,’’; sion of non-institutionally-based long- pitals—such as interest-free loans and (3) in section 2725— term services, and for other purposes; scholarships for students going into (A) by redesignating paragraph (2) as para- to the Committee on Finance. primary care, and increased funding for graph (6), and adding ‘‘and’’ at the end; small and rural hospitals to improve (B) by redesignating paragraph (3) as para- Ms. CANTWELL. Mr. President, I graph (7); rise today to introduce the Medical Ef- their primary care residency programs. (C) by redesignating paragraph (4) as para- ficiency and Delivery Improvement of The bill also calls for increasing pay- graph (3), and striking ‘‘and’’ at the end; Care Act, MEDIC, a bill which provides ments to primary care physicians cur- (D) by redesignating paragraph (5) as para- common-sense solutions to many of the rently in practice. These policies will graph (2), and striking the period at the end most critical problems besetting our result in an improved primary care in- and inserting a semicolon; health care system. As we embark on frastructure throughout the nation, (E) by redesignating paragraph (1) as para- reforming health care in America, we providing for quality primary care graph (5); are faced with restructuring a system today and well into the future. (F) by inserting before paragraph (2), as re- Finally, we cannot address health designated, the following: as complex as it is important—a sys- ‘‘(1) ‘driver’s license’ means a motor vehi- tem which includes not only doctors care reform without addressing the cle operator’s license, as defined in section and patients but medical schools, nurs- needs the individuals who require it 30301 of title 49, United States Code;’’; and ing homes, hospitals and community the most: those in long-term care. For (G) by inserting after paragraph (3), as re- health centers. While every piece of the many older Americans and people with designated, the following: health care puzzle requires individual disabilities, long-term care is not a ‘‘(4) ‘identification card’ means a personal attention, one common thread con- luxury but a necessity, a required serv- identification card, as defined in section nects them all: the need for improved ice needed to maintain their overall 1028(d) of title 18, United States Code, issued quality of life. Traditionally this care by a State.’’. efficiency among providers though in- has been provided in institutions such SEC. 5. RULEMAKING. creased access to primary care physi- (a) IN GENERAL.—Not later than 9 months cians. They are the ones who can pro- as nursing homes, which can cost up- after the date of the enactment of this Act, vide coordinated care for patients, wards of $70,000 a year. While some peo- the Secretary, after providing notice and an leading to better quality and a more ef- ple require the around-the-clock care opportunity for public comment shall issue ficient system. That is why I am intro- provided in nursing homes, many of final regulations to implement subtitle E of ducing this bill as a vehicle for pro- those in need of long-term care would title II of the Homeland Security Act of 2002, posals which increase the efficiency be better off remaining in their homes as added by section 3. and coordination across the health care where they can continue to be active (b) CONTENT.—The regulations issued pur- suant to subsection (a)— spectrum to improve health and save members of the community. Home- and (1) shall include procedures and require- money. community-based services provide peo- ments that— In my State of Washington doctors ple the care they need in non-institu- (A) protect the privacy rights of individ- and hospitals provide some of the a tional settings, which, in addition to uals who apply for and hold a driver’s license highest quality and most cost-efficient saving a significant amount of money, or personal identification card; care in the nation. However, instead of allows for the freedom and independ- (B) protect the constitutional rights and rewarding our State for reining in un- ence to which people are accustomed. civil liberties of individuals who apply for necessary costs and improving the This legislation contains several provi- and hold a driver’s licenses or personal iden- tification card; health of patients, the current system sions which provide States with the re- (2) shall include procedures to protect any actually penalizes them. Under the cur- sources they need to move away from personally identifiable information elec- rent fee-for-service structure we have institutional long-term care and to- tronically transmitted; today, health care providers are re- wards home- and community-based

VerDate Nov 24 2008 01:03 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.019 S15JNPT1 rfrederick on PROD1PC67 with SENATE S6590 CONGRESSIONAL RECORD — SENATE June 15, 2009 services, such as increasing Federal Subtitle C—Medicare Provisions Subtitle A—Balancing Incentives Medicaid dollars to transition to home- PART I—PRIMARY CARE Sec. 4101. Enhanced FMAP for expanding the and community-based services, and Sec. 2301. Reforming payment systems under provision of non-institution- providing incentives to create consoli- Medicare to support primary ally-based long-term services dated information centers so con- care. and supports. sumers and their families can make Sec. 2302. Coverage of patient-centered med- Subtitle B—Strengthening the Medicaid well-informed decisions about long- ical home services. Home and Community-Based State Plan Sec. 2303. Medicare primary care payment Amendment Option term care options. If we gave just 5 per- equity and access provision. Sec. 4201. Removal of barriers to providing cent of those who go into nursing Sec. 2304. Additional incentive payment pro- home and community-based homes the ability to receive care in gram for primary care services services under State plan their own homes and communities, the furnished in health professional amendment option for individ- Federal Government would see a net shortage areas. uals in need. savings of more than $10 billion over 5 Sec. 2305. Permanent extension of Medicare Sec. 4202. Mandatory application of spousal years. This significant savings can be incentive payment program for impoverishment protections to achieved while simultaneously pro- physician scarcity areas. recipients of home and commu- Sec. 2306. HHS study and report on the proc- nity-based services. viding better care; a truly win-win sit- ess for determining relative Sec. 4203. State authority to elect to exclude uation. value under the Medicare physi- up to 6 months of average cost In introducing this bill I am remind- cian fee schedule. of nursing facility services from ing my colleagues that reforming PART II—PREVENTIVE SERVICES assets or resources for purposes health care need not be a zero-sum Sec. 2311. Eliminating time restriction for of eligibility for home and com- game. We can achieve our goals of im- initial preventive physical ex- munity-based services. proving the health care workforce, sta- amination. Subtitle C—Coordination of Home and bilizing the physician payment struc- Sec. 2312. Elimination of cost-sharing for Community-Based Waivers ture, improving access to needed care preventive benefits under the Sec. 4301. Streamlined process for combined and decreasing the financial and emo- Medicare program. waivers under subsections (b) tional burdens associated with long- Sec. 2313. HHS study and report on facili- and (c) of section 1915 . tating the receipt of Medicare term care while simultaneously pro- TITLE V—HOME AND COMMUNITY-BASED preventive services by Medicare SERVICES PROVISIONS viding significant savings throughout beneficiaries. Sec. 5001. Short title. the health care system. I look forward PART III—OTHER PROVISIONS Sec. 5002. Long-term services and supports. to working with my colleagues in the Sec. 2321. HHS study and report on improv- TITLE I—LOAN PROGRAM PROVISIONS Senate to ensure these crtical reforms ing the ability of physicians SEC. 1001. SHORT TITLE. are enacted. and primary care providers to This title may be cited as the ‘‘Physician Mr. President, I ask unanimous con- assist Medicare beneficiaries in Workforce Enhancement Act of 2009’’. sent that the text of the bill be printed obtaining needed prescriptions SEC. 1002. HOSPITAL RESIDENCY LOAN PRO- in the RECORD. under Medicare part D. GRAM. There being no objection, the text of Sec. 2322. HHS study and report on improved Subpart 2 of part E of title VII of the Pub- the bill was ordered to be printed in patient care through increased lic Health Service Act is amended by adding caregiver and physician inter- the RECORD, as follows: at the end the following new section: action. S. 1262 ‘‘SEC. 771. HOSPITAL RESIDENCY LOAN PRO- Sec. 2323. Improved patient care through ex- GRAM. Be it enacted by the Senate and House of Rep- panded support for limited ‘‘(a) ESTABLISHMENT.—Not later than Janu- resentatives of the United States of America in English proficiency (LEP) serv- ary 1, 2010, the Secretary, acting through the Congress assembled, ices. Administrator of the Health Resources and SECTION 1. SHORT TITLE. Sec. 2324. HHS study and report on use of Services Administration, shall establish a This Act may be cited as the ‘‘Medical Effi- real-time Medicare claims adju- loan program that provides loans to eligible ciency and Delivery Improvement of Care dication. hospitals to establish residency training pro- Act (MEDIC) of 2009’’. Sec. 2325. Ongoing assessment by MedPAC of grams. SEC. 2. TABLE OF CONTENTS. the impact of medicare pay- ‘‘(b) APPLICATION.—-No loan may be pro- The table of contents for this Act is as fol- ments on primary care access vided under this section to an eligible hos- lows: and equity. pital except pursuant to an application that Sec. 2326. Distribution of additional resi- is submitted and approved in a time, man- Sec. 1. Short title. dency positions. Sec. 2. Table of contents. ner, and form specified by the Administrator Sec. 2327. Counting resident time in out- of the Health Resources and Services Admin- TITLE I—LOAN PROGRAM PROVISIONS patient settings. istration. A loan under this section shall be Sec. 1001. Short title. Sec. 2328. Rules for counting resident time on such terms and conditions and meet such Sec. 1002. Hospital residency loan program. for didactic and scholarly ac- requirements as the Administrator deter- TITLE II—PRIMARY CARE PROVISIONS tivities and other activities. mines appropriate, in accordance with the Sec. 2329. Preservation of resident cap posi- Sec. 2001. Short title. provisions of this section. tions from closed and acquired Sec. 2002. Findings. ‘‘(c) ELIGIBILITY; PREFERENCE FOR RURAL hospitals. Sec. 2003. Definitions. AND SMALL URBAN AREAS.— Sec. 2330. Quality improvement organization ‘‘(1) ELIGIBLE HOSPITAL DEFINED.—For pur- Subtitle A—Medical Education assistance for physician prac- poses of this section, an ‘eligible hospital’ Sec. 2101. Recruitment incentives. tices seeking to be patient-cen- means, with respect to a loan under this sec- Sec. 2102. Debt forgiveness, scholarships, tered medical home practices. tion, a hospital that, as of the date of the and service obligations. Subtitle D—Studies submission of an application under sub- Sec. 2103. Deferment of loans during resi- Sec. 2401. Study concerning the designation section (b), meets, to the satisfaction of the dency and internships. of primary care as a shortage Administrator of the Health Resources and Sec. 2104. Educating medical students about profession. Services Administration, each of the fol- primary care careers. Sec. 2402. Study concerning the education lowing criteria: Sec. 2105. Training in family medicine, gen- debt of medical school grad- ‘‘(A) The hospital does not operate a resi- eral internal medicine, general uates. dency training program, has not previously geriatrics, general pediatrics, Sec. 2403. Study on minority representation operated such a program, and has not taken physician assistant education, in primary care. any significant action, such as the expendi- general dentistry, and pediatric TITLE III—MEDICARE PAYMENT ture of a material amount of funds, before dentistry. July 1, 2009, to establish such a program. Sec. 2106. Increased funding for National PROVISIONS ‘‘(B) The hospital has secured initial ac- Health Service Corps Scholar- Sec. 3001. Short title. creditation by the American Council for ship and loan repayment pro- Sec. 3002. Findings. Graduate Medical Education or the Amer- grams. Sec. 3003. Value index under the Medicare ican Osteopathic Association. physician fee schedule. Subtitle B—Medicaid Related Provisions ‘‘(C) The hospital provides assurances to Sec. 2201. Transformation grants to support TITLE IV—LONG-TERM SERVICES the satisfaction of the Administrator of the patient-centered medical homes PROVISIONS Health Resources and Services Administra- under Medicaid and CHIP. Sec. 4001. Short title. tion that such loan shall be used, consistent

VerDate Nov 24 2008 23:41 Jun 15, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.021 S15JNPT1 rfrederick on PROD1PC67 with SENATE June 15, 2009 CONGRESSIONAL RECORD — SENATE S6591 with subsection (d), only for the purposes of of the program under this section in increas- viability of one of the programs used to solve establishing and conducting an allopathic or ing the number of residents practicing in the problem of inadequate access to primary osteopathic physician residency training each medical specialty described in sub- care. program in at least one of the following med- section (c)(1)(C) during such year and the ex- (12) The National Health Service Corps pro- ical specialties, or a combination of the fol- tent to which the program resulted in an in- gram has a proven record of supplying physi- lowing: crease in the number of available practi- cians to underserved areas, and has played ‘‘(i) Family medicine. tioners in each of such medical specialties an important role in expanding access for ‘‘(ii) Internal medicine. that serve medically underserved popu- underserved populations in rural and inner ‘‘(iii) Emergency medicine. lations. city communities. ‘‘(iv) Obstetrics or gynecology. ‘‘(j) FUNDING.—— (13) Individuals in many geographic areas, ‘‘(v) General surgery. ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— especially rural areas, lack adequate access ‘‘(vi) Preventive Medicine. For the purpose of providing amounts for to high quality preventive, primary health ‘‘(vii) Pediatrics. loans under this section, there are author- care, contributing to significant health dis- ‘‘(viii) Behavioral and Mental Health. ized to be appropriated $25,000,000 for the pe- parities that impair America’s public health ‘‘(D) The hospital enters into an agreement riod of fiscal years 2010 through 2020. and economic productivity. with the Administrator that certifies the ‘‘(2) AVAILABILITY.—Amounts appropriated (14) About 20 percent of the population of hospital will provide for the repayment of under paragraph (1) shall remain available the United States resides in primary medical the loan in accordance with subsection (e). until expended. care Health Professional Shortage Areas. ‘‘(2) PREFERENCE FOR RURAL AND SMALL ‘‘(3) REPAID LOAN AMOUNTS.—Any amount SEC. 2003. DEFINITIONS. AREAS.—In making loans under this section, repaid by, or recovered from, an eligible hos- (a) GENERAL DEFINITIONS.—In this title: the Administrator of the Health Resources pital under this section on or before the date (1) CHRONIC CARE COORDINATION.—The term and Services Administration shall give pref- of termination described in subsection (k) ‘‘chronic care coordination’’ means the co- erence to any applicant for such a loan that shall be credited to the appropriation ac- ordination of services that is based on the is a hospital located in a rural areas (as such count from which the loan amount involved Chronic Care Model that provides on-going term is defined in section 1886(d)(2)(D) of the was originally paid. Any amount repaid by, health care to patients with chronic diseases Social Security Act) or an urban area that is or recovered from, such a hospital under this that may include any of the following serv- not a large urban area (as such terms are re- section after such date shall be credited to ices: spectively defined in such section). the general fund in the Treasury. (A) The development of an initial plan of ‘‘(k) TERMINATION OF PROGRAM.—No loan ‘‘(d) PERMISSIBLE USES OF LOAN FUNDS.—A care, and subsequent appropriate revisions to may be made under this section after Decem- loan provided under this section shall be such plan of care. ber 31, 2019.’’. used, with respect to a residency training (B) The management of, and referral for, program, only for costs directly attributable TITLE II—PRIMARY CARE PROVISIONS medical and other health services, including to the residency training program, except as SEC. 2001. SHORT TITLE. interdisciplinary care conferences and man- otherwise provided by the Administrator of This title may be cited as the ‘‘Preserving agement with other providers. the Health Resources and Services Adminis- Patient Access to Primary Care Act of 2009’’. (C) The monitoring and management of tration. SEC. 2002. FINDINGS. medications. ‘‘(e) REPAYMENT OF LOANS.— Congress makes the following findings: (D) Patient education and counseling serv- ‘‘(1) REPAYMENT PLANS.—For purposes of (1) Approximately 21 percent of physicians ices. subsection (c)(1)(D), a repayment plan for an who were board certified in general internal (E) Family caregiver education and coun- eligible hospital is in accordance with this medicine during the early 1990s have left in- seling services. subsection if it provides for the repayment of ternal medicine, compared to a 5 percent de- (F) Self-management services, including the loan amount in installments, in accord- parture rate for those who were certified in health education and risk appraisal to iden- ance with a schedule that is agreed to by the subspecialties of internal medicine. tify behavioral risk factors through self-as- Administrator of the Health Resources and (2) The number of United States medical sessment. Services Administration and the hospital graduates going into family medicine has (G) Providing access by telephone with and that is in accordance with this sub- fallen by more than 50 percent from 1997 to physicians and other appropriate health care section. 2005. professionals, including 24-hour availability ‘‘(2) COMMENCEMENT OF REPAYMENT.—Re- (3) In 2007, only 88 percent of the available of such professionals for emergencies. payment by an eligible hospital of a loan medicine residency positions were filled and (H) Management with the principal non- under this section shall commence not later only 42 percent of those were filled by United professional caregiver in the home. than the date that is 18 months after the States medical school graduates. (I) Managing and facilitating transitions date on which the loan amount is disbursed (4) In 2006, only 24 percent of third-year in- among health care professionals and across to such hospital. ternal medicine resident intended to pursue settings of care, including the following: ‘‘(3) REPAYMENT PERIOD.—A loan made careers in general internal medicine, down (i) Pursuing the treatment option elected under this section shall be fully repaid not from 54 percent in 1998. by the individual. later than the date that is 24 months after (5) Primary care physicians serve as the (ii) Including any advance directive exe- the date on which the repayment is required point of first contact for most patients and cuted by the individual in the medical file of to commence. are able to coordinate the care of the whole the individual. ‘‘(4) LOAN PAYABLE IN FULL IF RESIDENCY person, reducing unnecessary care and dupli- (J) Information about, and referral to, hos- TRAINING PROGRAM CANCELED.—In the case cative testing. pice care, including patient and family care- that an eligible hospital borrows a loan (6) Primary care physicians and primary giver education and counseling about hos- under this section, with respect to a resi- care providers practicing preventive care, in- pice care, and facilitating transition to hos- dency training program, and terminates such cluding screening for illness and treating dis- pice care when elected. program before the date on which such loan eases, can help prevent complications that (K) Information about, referral to, and has been fully repaid in accordance with a result in more costly care. management with, community services. plan under paragraph (1), such loan shall be (7) Patients with primary care physicians (2) CRITICAL SHORTAGE HEALTH FACILITY.— payable by the hospital not later than 45 or primary care providers have lower health The term ‘‘critical shortage health facility’’ days after the date of such termination. ‘‘(f) NO INTEREST CHARGED.—The Adminis- care expenditures and primary care is cor- means a public or private nonprofit health trator of the Health Resources and Services related with better health status, lower over- facility that does not serve a health profes- Administration may not charge or collect in- all mortality, and longer life expectancy. sional shortage area (as designated under terest on any loan made under this section. (8) Higher proportions of primary care phy- section 332 of the Public Health Service Act), ‘‘(g) LIMITATION ON TOTAL AMOUNT OF sicians are associated with significantly re- but that has a critical shortage of physicians LOAN.—The cumulative dollar amount of a duced utilization. (as determined by the Secretary) in a pri- loan made to an eligible hospital under this (9) The United States has a higher ratio of mary care field. section may not exceed $1,000,000. specialists to primary care physicians than (3) PHYSICIAN.—The term physician has the ‘‘(h) PENALTIES.—The Administrator of the other industrialized nations and the popu- meaning given such term in section 1861(r)(1) Health Resources and Services Administra- lation of the United States is growing faster of the Social Security Act. tion shall establish penalties to which an eli- than the expected rate of growth in the sup- (4) PRIMARY CARE.—The term ‘‘primary gible hospital receiving a loan under this ply of primary care physicians. care’’ means the provision of integrated, section would be subject if such hospital is in (10) The number of Americans age 65 and high-quality, accessible health care services violation of any of the criteria described in older, those eligible for Medicare and who by health care providers who are accountable subsection (c)(1). use far more ambulatory care visits per per- for addressing a full range of personal health ‘‘(i) REPORTS.—Not later than January 1, son as those under age 65, is expected to dou- and health care needs, developing a sus- 2014, and annually thereafter (before January ble from 2000 to 2030. tained partnership with patients, practicing 2, 2020), the Administrator of the Health Re- (11) A decrease in Federal spending to in the context of family and community, and sources and Services Administration shall carry out programs authorized by title VII of working to minimize disparities across popu- submit to Congress a report on the efficacy the Public Health Service Act threatens the lation subgroups.

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(5) PRIMARY CARE FIELD.—The term ‘‘pri- (A) The ratio of primary medical care phy- Subtitle A—Medical Education mary care field’’ means any of the following sicians per 1,000 individuals in the population SEC. 2101. RECRUITMENT INCENTIVES. fields: of the area involved. Title VII of the Higher Education Act of (A) The field of family medicine. (B) The infant mortality rate in the area 1965 (20 U.S.C. 1133 et seq.) is amended by (B) The field of general internal medicine. involved. adding at the end the following: (C) The field of geriatric medicine. (C) The percentage of the population in- ‘‘PART VI—MEDICAL EDUCATION (D) The field of pediatric medicine volved with incomes below the poverty level. RECRUITMENT INCENTIVES (6) PRIMARY CARE PHYSICIAN.—The term (D) The percentage of the population in- ‘‘primary care physician’’ means a physician volved age 65 or over. ‘‘SEC. 786. MEDICAL EDUCATION RECRUITMENT who is trained in a primary care field who The value of each of such variables for the INCENTIVES. provides first contact, continuous, and com- service area involved shall be converted by ‘‘(a) IN GENERAL.—The Secretary is author- prehensive care to patients. the Secretary to a weighted value, according ized to award grants or contracts to institu- tions of higher education that are graduate (7) PRIMARY CARE PROVIDER.—The term to established criteria, and added together to ‘‘primary care provider’’ means— obtain the area’s IMU score. medical schools, to enable the graduate med- ical schools to improve primary care edu- (A) a nurse practitioner; or (d) PATIENT-CENTERED MEDICAL HOME.— cation and training for medical students. (B) a physician assistant practicing as a (1) IN GENERAL.—In this title, the term ‘‘(b) APPLICATION.—A graduate medical member of a physician-directed team; ‘‘patient-centered medical home’’ means a school that desires to receive a grant under who provides first contact, continuous, and physician-directed practice (or a nurse prac- this section shall submit to the Secretary an comprehensive care to patients. titioner directed practice in those States in application at such time, in such manner, (8) PRINCIPAL CARE.—The term ‘‘principal which such functions are included in the and containing such information as the Sec- care’’ means integrated, accessible health scope of practice of licensed nurse practi- retary may require. care that is provided by a physician who is a tioners) that has been certified by an organi- ‘‘(c) USES OF FUNDS.—A graduate medical medical subspecialist that addresses the ma- zation under paragraph (3) as meeting the following standards: school that receives a grant under this sec- jority of the personal health care needs of tion shall use such grant funds to carry out patients with chronic conditions requiring (A) The practice provides patients who elect to obtain care through a patient-cen- 1 or more of the following: the subspecialist’s expertise, and for whom ‘‘(1) The creation of primary care the subspecialist assumes care management, tered medical home (referred to as ‘‘partici- pating patients’’) with direct and ongoing ac- mentorship programs. developing a sustained physician-patient ‘‘(2) Curriculum development for popu- partnership and practicing within the con- cess to a primary or principal care physician or a primary care provider who accepts re- lation-based primary care models of care, text of family and community. such as the patient-centered medical home. (9) SECRETARY.—The term ‘‘Secretary’’ sponsibility for providing first contact, con- tinuous, and comprehensive care to the ‘‘(3) Increased opportunities for ambula- means the Secretary of Health and Human tory, community-based training. Services. whole person, in collaboration with teams of other health professionals, including nurses ‘‘(4) Development of generalist curriculum (b) PRIMARY MEDICAL CARE SHORTAGE and specialist physicians, as needed and ap- to enhance care for rural and underserved AREA.— propriate. populations in primary care or general sur- (1) IN GENERAL.—In this title, the term (B) The practice applies standards for ac- gery. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘primary medical care shortage area’’ or cess to care and communication with par- There is authorized to be appropriated to ‘‘PMCSA’’ means a geographic area with a ticipating beneficiaries. carry out this section $50,000,000 for each of shortage of physicians (as designated by the (C) The practice has readily accessible, the fiscal years 2010 through 2012.’’. Secretary) in a primary care field, as des- clinically useful information on partici- ignated in accordance with paragraph (2). pating patients that enables the practice to SEC. 2102. DEBT FORGIVENESS, SCHOLARSHIPS, (2) DESIGNATION.—To be designated by the treat such patients comprehensively and sys- AND SERVICE OBLIGATIONS. Secretary as a PMCSA, the Secretary must tematically. (a) PURPOSE.—It is the purpose of this sec- find that the geographic area involved has an (D) The practice maintains continuous re- tion to encourage individuals to enter and established shortage of primary care physi- lationships with participating patients by continue in primary care physician careers. cians for the population served. The Sec- implementing evidence-based guidelines and (b) AMENDMENT TO THE PUBLIC HEALTH retary shall make such a designation with applying such guidelines to the identified SERVICE ACT.—Part D of title III of the Pub- respect to an urban or rural geographic area needs of individual beneficiaries over time lic Health Service Act (42 U.S.C. 254b et seq.) if the following criteria are met: and with the intensity needed by such bene- is amended by adding at the end the fol- (A) The area is a rational area for the de- ficiaries. lowing: livery of primary care services. (2) RECOGNITION OF NCQA APPROVAL.—Such ‘‘Subpart XX—Primary Care Medical (B) One of the following conditions prevails term also includes a physician-directed (or Education within the area: nurse-practitioner-directed) practice that ‘‘SEC. 340A. SCHOLARSHIPS. (i) The area has a population to full-time- has been recognized as a medical home ‘‘(a) IN GENERAL.—The Secretary, acting equivalent primary care physician ratio of at through the Physician Practice Connec- through the Administrator of the Health Re- least 3,500 to 1. tions—patient-centered Medical Home sources and Services Administration, shall (ii) The area has a population to full-time- (‘‘PPC–PCMH’’) voluntary recognition proc- award grants to critical shortage health fa- equivalent primary care physician ratio of ess of the National Committee for Quality cilities to enable such facilities to provide less than 3,500 to 1 and has unusually high Assurance. scholarships to individuals who agree to needs for primary care services or insuffi- (3) STANDARD SETTING AND QUALIFICATION serve as physicians at such facilities after cient capacity of existing primary care pro- PROCESS FOR MEDICAL HOMES.—The Secretary completing a residency in a primary care viders. shall establish a process for the selection of field (as defined in section 3(a)(5) of the Pre- (C) Primary care providers in contiguous a qualified standard setting and certification serving Patient Access to Primary Care Act geographic areas are overutilized. organization— of 2009). (c) MEDICALLY UNDERSERVED AREA.— (A) to establish standards, consistent with ‘‘(b) SCHOLARSHIPS.—A health facility shall (1) IN GENERAL.—In this title, the term this subsection, to enable medical practices use amounts received under a grant under ‘‘medically underserved area’’ or ‘‘MUA’’ to qualify as patient-centered medical this section to enter into contracts with eli- means a rational service area with a demon- homes; and gible individuals under which— strable shortage of primary healthcare re- (B) to provide for the review and certifi- ‘‘(1) the facility agrees to provide the indi- sources relative to the needs of the entire cation of medical practices as meeting such vidual with a scholarship for each school population within the service area as deter- standards. year (not to exceed 4 school years) in which mined in accordance with paragraph (2) (4) TREATMENT OF CERTAIN PRACTICES.— the individual is enrolled as a full-time stu- through the use of the Index of Medical Nothing in this section shall be construed as dent in a school of medicine or a school of Underservice (referred to in this subsection preventing a nurse practitioner from leading osteopathic medicine; and as the ‘‘IMU’’) with respect to data on a serv- a patient-centered medical home so long as— ‘‘(2) the individual agrees— ice area. (A) all of the requirements of this section ‘‘(A) to maintain an acceptable level of (2) DETERMINATIONS.—Under criteria to be are met; and academic standing; established by the Secretary with respect to (B) the nurse practitioner is acting consist- ‘‘(B) to complete a residency in a primary the IMU, if a service area is determined by ently with State law. care field; and the Secretary to have a score of 62.0 or less, (e) APPLICATION UNDER MEDICARE, MED- ‘‘(C) after completing the residency, to such area shall be eligible to be designated ICAID, PHSA, ETC.—Unless otherwise pro- serve as a primary care physician at such fa- as a MUA. vided, the provisions of the previous sub- cility in such field for a time period equal to (3) IMU VARIABLES.—In establishing cri- sections shall apply for purposes of provi- the greater of— teria under paragraph (2), the Secretary sions of the Social Security Act, the Public ‘‘(i) one year for each school year for which shall ensure that the following variables are Health Service Act, and any other Act the individual was provided a scholarship utilized: amended by this title. under this section; or

VerDate Nov 24 2008 23:41 Jun 15, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.025 S15JNPT1 rfrederick on PROD1PC67 with SENATE June 15, 2009 CONGRESSIONAL RECORD — SENATE S6593 ‘‘(ii) two years. ‘‘SEC. 340C. LOAN REPAYMENTS FOR PHYSICIANS fiscal year 2011, and $125,000,000 for fiscal ‘‘(c) AMOUNT.— IN THE FIELDS OF OBSTETRICS AND year 2012, to be used solely for scholarships ‘‘(1) IN GENERAL.—The amount paid by a GYNECOLOGY AND CERTIFIED and loan repayment awards for primary care health facility to an individual under a NURSE MIDWIVES. physicians and primary care providers.’’. scholarship under this section shall not ex- ‘‘(a) PURPOSE.—It is the purpose of this section to alleviate critical shortages of phy- SEC. 2103. DEFERMENT OF LOANS DURING RESI- ceed $35,000 for any school year. DENCY AND INTERNSHIPS. sicians in the fields of obstetrics and gyne- ‘‘(2) CONSIDERATIONS.—In determining the (a) LOAN REQUIREMENTS.—Section amount of a scholarship to be provided to an cology and certified nurse midwives. 427(a)(2)(C)(i) of the Higher Education Act of ‘‘(b) LOAN REPAYMENTS.—The Secretary, individual under this section, a health facil- 1965 (20 U.S.C. 1077(a)(2)(C)(i)) is amended by acting through the Administrator of the ity may take into consideration the individ- inserting ‘‘unless the medical internship or Health Resources and Services Administra- ual’s financial need, geographic differences, residency program is in a primary care field tion, shall establish a program of entering and educational costs. (as defined in section 3(a)(5) of the Pre- into contracts with eligible individuals ‘‘(3) EXCLUSION FROM GROSS INCOME.—For serving Patient Access to Primary Care Act under which— purposes of the Internal Revenue Code of of 2009)’’ after ‘‘residency program’’. ‘‘(1) the individual agrees to serve— 1986, gross income shall not include any (b) FFEL LOANS.—Section 428(b)(1)(M)(i) of ‘‘(A) as a physician in the field of obstet- amount received as a scholarship under this the Higher Education Act of 1965 (20 U.S.C. rics and gynecology or as a certified nurse section. 1078(b)(1)(M)(i)) is amended by inserting ‘‘un- ‘‘(d) APPLICATION OF CERTAIN PROVISIONS.— midwife; and less the medical internship or residency pro- The provisions of subpart III of part D shall, ‘‘(B) in an area that is not a health profes- gram is in a primary care field (as defined in except as inconsistent with this section, sional shortage area (as designated under section 3(a)(5) of the Preserving Patient Ac- apply to the program established in sub- section 332), but has a critical shortage of cess to Primary Care Act of 2009)’’ after section (a) in the same manner and to the physicians in the fields of obstetrics and ‘‘residency program’’. same extent as such provisions apply to the gynecology or certified nurse midwives (as (c) FEDERAL DIRECT LOANS.—Section National Health Service Corps Scholarship determined by the Secretary), respectively; 455(f)(2)(A) of the Higher Education Act of Program established in such subpart. and 1965 (20 U.S.C. 1087e(f)(2)(A)) is amended by ‘‘(e) DEFINITIONS.—In this section: ‘‘(2) the Secretary agrees to pay, for each inserting ‘‘unless the medical internship or ‘‘(1) CRITICAL SHORTAGE HEALTH FACILITY.— year of such service, not more than $35,000 of residency program is in a primary care field The term ‘critical shortage health facility’ the principal and interest of the under- (as defined in section 3(a)(5) of the Pre- means a public or private nonprofit health graduate or graduate educational loans of serving Patient Access to Primary Care Act facility that does not serve a health profes- the individual. of 2009)’’ after ‘‘residency program’’. sional shortage area (as designated under ‘‘(c) SERVICE REQUIREMENT.—A contract (d) FEDERAL PERKINS LOANS.—Section section 332), but has a critical shortage of entered into under this section shall allow 464(c)(2)(A)(i) of the Higher Education Act of physicians (as determined by the Secretary) the individual receiving the loan repayment 1965 (20 U.S.C. 1087dd(c)(2)(A)(i)) is amended in a primary care field. to satisfy the service requirement described by inserting ‘‘unless the medical internship ‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligi- in subsection (a)(1) through employment in a or residency program is in a primary care ble individual’ means an individual who is solo or group practice, a clinic, a public or field (as defined in section 3(a)(5) of the Pre- enrolled, or accepted for enrollment, as a private nonprofit hospital, or any other ap- serving Patient Access to Primary Care Act full-time student in an accredited school of propriate health care entity. of 2009)’’ after ‘‘residency program’’. ‘‘(d) APPLICATION OF CERTAIN PROVISIONS.— medicine or school of osteopathic medicine. SEC. 2104. EDUCATING MEDICAL STUDENTS The provisions of subpart III of part D shall, ‘‘SEC. 340B. LOAN REPAYMENT PROGRAM. ABOUT PRIMARY CARE CAREERS. except as inconsistent with this section, ‘‘(a) PURPOSE.—It is the purpose of this Part C of title VII of the Public Health section to alleviate critical shortages of pri- apply to the program established in sub- Service Act (42 U.S.C. 293k) is amended by mary care physicians and primary care pro- section (a) in the same manner and to the adding at the end the following: viders. same extent as such provisions apply to the ‘‘SEC. 749. EDUCATING MEDICAL STUDENTS ‘‘(b) LOAN REPAYMENTS.—The Secretary, National Health Service Corps Scholarship ABOUT PRIMARY CARE CAREERS. acting through the Administrator of the Program established in such subpart. ‘‘(a) IN GENERAL.—The Secretary shall Health Resources and Services Administra- ‘‘(e) DEFINITION.—In this section, the term award grants to eligible State and local gov- tion, shall establish a program of entering ‘eligible individual’ means— ernment entities for the development of in- into contracts with eligible individuals ‘‘(1) a physician in the field of obstetrics formational materials that promote careers under which— and gynecology; or in primary care by highlighting the advan- ‘‘(1) the individual agrees to serve— ‘‘(2) a certified nurse midwife. tages and rewards of primary care, and that ‘‘(A) as a primary care physician or pri- ‘‘SEC. 340D. REPORTS. encourage medical students, particularly mary care provider in a primary care field; ‘‘Not later than 18 months after the date of students from disadvantaged backgrounds, and enactment of this section, and annually to become primary care physicians. ‘‘(B) in an area that is not a health profes- thereafter, the Secretary shall submit to ‘‘(b) ANNOUNCEMENT.—The grants described sional shortage area (as designated under Congress a report that describes the pro- in subsection (a) shall be announced through section 332), but has a critical shortage of grams carried out under this subpart, includ- a publication in the Federal Register and primary care physicians and primary care ing statements concerning— through appropriate media outlets in a man- providers (as determined by the Secretary) ‘‘(1) the number of enrollees, scholarships, ner intended to reach medical education in- in such field; and loan repayments, and grant recipients; stitutions, associations, physician groups, ‘‘(2) the Secretary agrees to pay, for each ‘‘(2) the number of graduates; and others who communicate with medical year of such service, not more than $35,000 of ‘‘(3) the amount of scholarship payments students. the principal and interest of the under- and loan repayments made; ‘‘(c) ELIGIBILITY.—To be eligible to receive graduate or graduate educational loans of ‘‘(4) which educational institution the re- a grant under this section an entity shall— the individual. cipients attended; ‘‘(1) be a State or local entity; and ‘‘(c) SERVICE REQUIREMENT.—A contract ‘‘(5) the number and placement location of ‘‘(2) submit to the Secretary an application entered into under this section shall allow the scholarship and loan repayment recipi- at such time, in such manner, and con- the individual receiving the loan repayment ents at health care facilities with a critical taining such information as the Secretary to satisfy the service requirement described shortage of primary care physicians; may require. in subsection (a)(1) through employment in a ‘‘(6) the default rate and actions required; ‘‘(d) USE OF FUNDS.— solo or group practice, a clinic, a public or ‘‘(7) the amount of outstanding default ‘‘(1) IN GENERAL.—An entity shall use private nonprofit hospital, or any other ap- funds of both the scholarship and loan repay- amounts received under a grant under this propriate health care entity. ment programs; section to support State and local campaigns ‘‘(d) APPLICATION OF CERTAIN PROVISIONS.— ‘‘(8) to the extent that it can be deter- through appropriate media outlets to pro- The provisions of subpart III of part D shall, mined, the reason for the default; mote careers in primary care and to encour- except as inconsistent with this section, ‘‘(9) the demographics of the individuals age individuals from disadvantaged back- apply to the program established in sub- participating in the scholarship and loan re- grounds to enter and pursue careers in pri- section (a) in the same manner and to the payment programs; mary care. same extent as such provisions apply to the ‘‘(10) the justification for the allocation of ‘‘(2) SPECIFIC USES.—In carrying out activi- National Health Service Corps Scholarship funds between the scholarship and loan re- ties under paragraph (1), an entity shall use Program established in such subpart. payment programs; and grants funds to develop informational mate- ‘‘(e) DEFINITION.—In this section, the term ‘‘(11) an evaluation of the overall costs and rials in a manner intended to reach as wide ‘eligible individual’ means— benefits of the programs. and diverse an audience of medical students ‘‘(1) an individual with a degree in medi- ‘‘SEC. 340E. AUTHORIZATION OF APPROPRIA- as possible, in order to— cine or osteopathic medicine; or TIONS. ‘‘(A) advertise and promote careers in pri- ‘‘(2) a primary care provider (as defined in ‘‘To carry out sections 340I, 340J, and 340K mary care; section 3(a)(7) of the Preserving Patient Ac- there are authorized to be appropriated ‘‘(B) promote primary care medical edu- cess to Primary Care Act of 2009). $55,000,000 for fiscal year 2010, $90,000,000 for cation programs;

VerDate Nov 24 2008 23:41 Jun 15, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.025 S15JNPT1 rfrederick on PROD1PC67 with SENATE S6594 CONGRESSIONAL RECORD — SENATE June 15, 2009 ‘‘(C) inform the public of financial assist- following: ‘‘Such method shall provide that designated primary care services and com- ance regarding such education programs; 100 percent of such funds for each of fiscal prehensive care coordination services under ‘‘(D) highlight individuals in the commu- years 2010, 2011, and 2012 shall be allocated this subsection. nity who are practicing primary care physi- among States that design programs to adopt ‘‘(3) DOCUMENTATION REQUIREMENTS.—The cians; or the innovative methods described in para- Secretary shall propose appropriate docu- ‘‘(E) provide any other information to re- graph (2)(G), with preference given to States mentation requirements to justify payments cruit individuals for careers in primary care. that design programs involving multipayers for designated primary care services and ‘‘(e) LIMITATION.—An entity shall not use (including under title XVIII and private comprehensive care coordination services amounts received under a grant under this health plans) test projects for implementa- under this subsection. section to advertise particular employment tion of the elements necessary to be recog- ‘‘(4) DEFINITIONS.— opportunities. nized as a patient-centered medical home ‘‘(A) COMPREHENSIVE CARE COORDINATION ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— practice under the National Committee for SERVICES.—The term ‘comprehensive care co- There is authorized to be appropriated to Quality Assurance Physicians Practice Con- ordination services’ means care coordination carry out this section, such sums as may be nection-PCMH module (or any other equiva- services with procedure codes established by necessary for each of fiscal years 2010 lent process, as determined by the Sec- the Secretary (as appropriate) which are fur- through 2013.’’. retary).’’. nished to an individual enrolled under this SEC. 2105. TRAINING IN FAMILY MEDICINE, GEN- (b) EFFECTIVE DATE.—The amendments part by a primary care provider or principal ERAL INTERNAL MEDICINE, GEN- made by this section take effect on October care physician. ERAL GERIATRICS, GENERAL PEDI- 1, 2010. ATRICS, PHYSICIAN ASSISTANT EDU- ‘‘(B) DESIGNATED PRIMARY CARE SERVICES.— CATION, GENERAL DENTISTRY, AND Subtitle C—Medicare Provisions The term ‘designated primary care service’ PEDIATRIC DENTISTRY. PART I—PRIMARY CARE means a service which the Secretary deter- Section 747(e) of the Public Health Service SEC. 2301. REFORMING PAYMENT SYSTEMS mines has a procedure code which involves a Act (42 U.S.C. 293k) is amended by striking UNDER MEDICARE TO SUPPORT PRI- clinical interaction with an individual en- paragraph (1) and inserting the following: MARY CARE. rolled under this part that is inherent to ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— (a) INCREASING BUDGET NEUTRALITY LIMITS care coordination, including interactions For the purpose of carrying out this section, UNDER THE PHYSICIAN FEE SCHEDULE TO AC- outside of a face-to-face encounter. Such there is authorized to be appropriated COUNT FOR ANTICIPATED SAVINGS RESULTING term includes the following: $198,000,000 for each of fiscal years 2010 FROM PAYMENTS FOR CERTAIN SERVICES AND ‘‘(i) Care plan oversight. through 2012.’’. THE COORDINATION OF BENEFICIARY CARE.— ‘‘(ii) Evaluation and management provided SEC. 2106. INCREASED FUNDING FOR NATIONAL Section 1848(c)(2)(B) of the Social Security by phone. HEALTH SERVICE CORPS SCHOLAR- Act (42 U.S.C. 1395w–4(c)(2)(B)) is amended— ‘‘(iii) Evaluation and management pro- SHIP AND LOAN REPAYMENT PRO- (1) in clause (ii)(II), by striking ‘‘(iv) and vided using internet resources. GRAMS. (v)’’ and inserting ‘‘(iv), (v), and (vii)’’; and ‘‘(iv) Collection and review of physiologic (a) IN GENERAL.—There is authorized to be (2) by adding at the end the following new data, such as from a remote monitoring de- appropriated $332,000,000 for the period of fis- clause: vice. cal years 2010 through 2012 for the purpose of ‘‘(vii) INCREASE IN LIMITATION TO ACCOUNT ‘‘(v) Education and training for patient self carrying out subpart III of part D of title III FOR CERTAIN ANTICIPATED SAVINGS.— management. of the Public Health Service Act (42 U.S.C. ‘‘(I) IN GENERAL.—Effective for fee sched- ‘‘(vi) Anticoagulation management serv- 254l et seq.). Such authorization of appro- ules established beginning with 2010, the Sec- ices. priations is in addition to the authorization retary shall increase the limitation on an- ‘‘(vii) Any other service determined appro- of appropriations in section 338H of such Act nual adjustments under clause (ii)(II) by an priate by the Secretary.’’. (42 U.S.C. 254q) and any other authorization amount equal to the anticipated savings (2) EFFECTIVE DATE.—The amendment of appropriations for such purpose. under parts A, B, and D (including any sav- made by this section shall apply to items (b) ALLOCATION.—Of the amounts appro- ings with respect to items and services for and services furnished on or after January 1, priated under subsection (a) for the period of which payment is not made under this sec- 2010. fiscal years 2010 through 2012, the Secretary tion) which are a result of payments for des- shall obligate $96,000,000 for the purpose of ignated primary care services and com- SEC. 2302. COVERAGE OF PATIENT-CENTERED providing contracts for scholarships and loan prehensive care coordination services under MEDICAL HOME SERVICES. repayments to individuals who— section 1834(m) and the coverage of patient- (a) IN GENERAL.—Section 1861(s)(2) of the (1) are primary care physicians or primary centered medical home services under sec- Social Security Act (42 U.S.C. 1395x(s)(2)) is care providers; and tion 1861(s)(2)(FF) (as determined by the Sec- amended— (2) have not previously received a scholar- retary). (1) in subparagraph (DD), by striking ship or loan repayment under subpart III of ‘‘(II) MECHANISM TO DETERMINE APPLICATION ‘‘and’’ at the end; part D of title III of the Public Health Serv- OF INCREASE.—The Secretary shall establish (2) in subparagraph (EE), by inserting ice Act (42 U.S.C. 254l et seq.). a mechanism for determining which relative ‘‘and’’ at the end; and Subtitle B—Medicaid Related Provisions value units established under this paragraph (3) by adding at the end the following new SEC. 2201. TRANSFORMATION GRANTS TO SUP- for physicians’ services shall be subject to an subparagraph: PORT PATIENT-CENTERED MEDICAL adjustment under clause (ii)(I) as a result of ‘‘(FF) patient-centered medical home serv- HOMES UNDER MEDICAID AND CHIP. the increase under subclause (I). ices (as defined in subsection (hhh)(1));’’. (a) IN GENERAL.—Section 1903(z) of the So- ‘‘(III) ADDITIONAL FUNDING AS DETERMINED (b) DEFINITION OF PATIENT-CENTERED MED- cial Security Act (42 U.S.C. 1396b(z)) is NECESSARY BY THE SECRETARY.—In addition ICAL HOME SERVICES.—Section 1861 of the So- amended— to any funding that may be made available cial Security Act (42 U.S.C. 1395x) is amended (1) in paragraph (2), by adding at the end as a result of an increase in the limitation by adding at the end the following new sub- the following new subparagraph: on annual adjustments under subclause (I), section: ‘‘(G) Methods for improving the effective- there shall also be available to the Sec- ‘‘Patient-Centered Medical Home Services ness and efficiency of medical assistance pro- retary, for purposes of making payments ‘‘(hhh)(1) The term ‘patient-centered med- vided under this title and child health assist- under this title for new services and capabili- ical home services’ means care coordination ance provided under title XXI by encour- ties to improve care provided to individuals services furnished by a qualified patient-cen- aging the adoption of medical practices that under this title and to generate efficiencies tered medical home. satisfy the standards established by the Sec- under this title, such additional funds as the ‘‘(2) The term ‘qualified patient-centered retary under paragraph (2) of section 3(d) of Secretary determines are necessary.’’. the Preserving Patient Access to Primary (b) SEPARATE MEDICARE PAYMENT FOR DES- medical home’ means a patient-centered Care Act of 2009 for medical practices to IGNATED PRIMARY CARE SERVICES AND COM- medical home (as defined in section 3(d) of qualify as patient-centered medical homes PREHENSIVE CARE COORDINATION SERVICES.— the Preserving Patient Access to Primary (as defined in paragraph (1) of such sec- (1) IN GENERAL.—Section 1834 of the Social Care Act of 2009).’’. tion).’’; and Security Act (42 U.S.C. 1395m) is amended by (c) MONTHLY FEE FOR PATIENT-CENTERED (2) in paragraph (4)— adding at the end the following new sub- MEDICAL HOME SERVICES.—Section 1848 of the (A) in subparagraph (A)— section: Social Security Act (42 U.S.C. 1395w–4) is (i) in clause (i), by striking ‘‘and’’ at the ‘‘(n) PAYMENT FOR DESIGNATED PRIMARY amended by adding at the end the following end; CARE SERVICES AND COMPREHENSIVE CARE CO- new subsection: (ii) in clause (ii), by striking the period at ORDINATION SERVICES.— ‘‘(p) MONTHLY FEE FOR PATIENT-CENTERED the end and inserting ‘‘; and’’; and ‘‘(1) IN GENERAL.—The Secretary shall pay MEDICAL HOME SERVICES.— (iii) by inserting after clause (ii), the fol- for designated primary care services and ‘‘(1) MONTHLY FEE.— lowing new clause: comprehensive care coordination services ‘‘(A) IN GENERAL.—Not later than January ‘‘(iii) $25,000,000 for each of fiscal years furnished to an individual enrolled under 1, 2012, the Secretary shall establish a pay- 2010, 2011, and 2012.’’; and this part. ment methodology for patient-centered med- (B) in subparagraph (B), by striking the ‘‘(2) PAYMENT AMOUNT.—The Secretary ical home services (as defined in paragraph second and third sentences and inserting the shall determine the amount of payment for (1) of section 1861(hhh)). Under such payment

VerDate Nov 24 2008 23:41 Jun 15, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.025 S15JNPT1 rfrederick on PROD1PC67 with SENATE June 15, 2009 CONGRESSIONAL RECORD — SENATE S6595 methodology, the Secretary shall pay quali- homes which meet or achieve substantial im- subparagraph (A)) for the calendar year (as fied patient-centered medical homes (as de- provements in performance (as specified determined by the Secretary). fined in paragraph (2) of such section) a under clinical, patient satisfaction, and effi- ‘‘(C) ADDITIONAL FUNDING AS DETERMINED monthly fee for each individual who elects to ciency benchmarks established by the Sec- NECESSARY BY THE SECRETARY.—In addition receive patient-centered medical home serv- retary). Such bonus shall be in an amount to any funding made available under sub- ices at that medical home. Such fee shall be determined appropriate by the Secretary. paragraph (B), there shall also be available paid on a prospective basis. ‘‘(5) NO EFFECT ON PAYMENTS FOR EVALUA- to the Secretary, for purposes of effectively ‘‘(B) CONSIDERATIONS.—The Secretary shall TION AND MANAGEMENT SERVICES.—The implementing this subsection, such addi- take into account the results of the Medicare monthly fee under this subsection shall have tional funds as the Secretary determines are medical home demonstration project under no effect on the amount of payment for eval- necessary.’’. section 204 of the Medicare Improvement and uation and management services under this (b) EFFECTIVE DATE.—The amendment Extension Act of 2006 (42 U.S.C. 1395b–1 note; title.’’. made by this section shall apply to services division B of Public Law 109–432) in estab- (d) COINSURANCE.—Section 1833(a)(1) of the furnished on or after January 1, 2010. lishing the payment methodology under sub- Social Security Act (42 U.S.C. 1395l(a)(1)) is amended— SEC. 2304. ADDITIONAL INCENTIVE PAYMENT paragraph (A). PROGRAM FOR PRIMARY CARE ‘‘(2) AMOUNT OF PAYMENT.— (1) by striking ‘‘and’’ before ‘‘(W)’’; and SERVICES FURNISHED IN HEALTH ‘‘(A) CONSIDERATIONS.—In determining the (2) by inserting before the semicolon at the PROFESSIONAL SHORTAGE AREAS. end the following: ‘‘, and (X) with respect to amount of such fee, subject to paragraph (3), (a) IN GENERAL.—Section 1833 of the Social the Secretary shall consider the following: patient-centered medical home services (as Security Act (42 U.S.C. 1395l) is amended by ‘‘(i) The clinical work and practice ex- defined in section 1861(hhh)(1)), the amount adding at the end the following new sub- penses involved in providing care coordina- paid shall be (i) in the case of such services section: tion services consistent with the patient- which are physicians’ services, the amount ‘‘(x) ADDITIONAL INCENTIVE PAYMENTS FOR centered medical home model (such as pro- determined under subparagraph (N), and (ii) PRIMARY CARE SERVICES FURNISHED IN viding increased access, care coordination, in the case of all other such services, 80 per- HEALTH PROFESSIONAL SHORTAGE AREAS.— disease population management, and edu- cent of the lesser of the actual charge for the ‘‘(1) IN GENERAL.—In the case of primary cation) for which payment is not made under service or the amount determined under a care services furnished on or after January 1, this section as of the date of enactment of fee schedule established by the Secretary for 2010, by a primary care physician or primary this subsection. purposes of this subparagraph’’. care provider in an area that is designated ‘‘(ii) Ensuring that the amount of payment (e) EFFECTIVE DATE.—The amendments (under section 332(a)(1)(A) of the Public is sufficient to support the acquisition, use, made by this section shall apply to services Health Service Act) as a health professional and maintenance of clinical information sys- furnished on or after January 1, 2012. shortage area as identified by the Secretary tems which— SEC. 2303. MEDICARE PRIMARY CARE PAYMENT ‘‘(I) are needed by a qualified patient-cen- EQUITY AND ACCESS PROVISION. prior to the beginning of the year involved, tered medical home; and (a) IN GENERAL.—Section 1848 of the Social in addition to the amount of payment that ‘‘(II) have been shown to facilitate im- Security Act (42 U.S.C. 1395w–4), as amended would otherwise be made for such services proved outcomes through care coordination. by section 2302(c), is amended by adding at under this part, there also shall be paid (on ‘‘(iii) The establishment of a tiered month- the end the following new subsection: a monthly or quarterly basis) an amount ly care management fee that provides for a ‘‘(q) PRIMARY CARE PAYMENT EQUITY AND equal to 10 percent of the payment amount range of payment depending on how ad- ACCESS.— for the service under this part. vanced the capabilities of a qualified pa- ‘‘(1) IN GENERAL.—Not later than January ‘‘(2) DEFINITIONS.—In this subsection: tient-centered medical home are in having 1, 2010, the Secretary shall develop a method- ‘‘(A) PRIMARY CARE PHYSICIAN; PRIMARY the information systems needed to support ology, in consultation with primary care CARE PROVIDER.—The terms ‘primary care care coordination. physician organizations and primary care physician’ and ‘primary care provider’ have ‘‘(B) RISK-ADJUSTMENT.—The Secretary provider organizations, the Medicare Pay- the meaning given such terms in paragraphs shall use appropriate risk-adjustment in de- ment Advisory Commission, and other ex- (6) and (7), respectively, of section 3(a) of the termining the amount of the monthly fee perts, to increase payments under this sec- Preserving Patient Access to Primary Care under this paragraph. tion for designated evaluation and manage- Act of 2009. ‘‘(3) FUNDING.— ment services provided by primary care phy- ‘‘(B) PRIMARY CARE SERVICES.—The term ‘‘(A) IN GENERAL.—The Secretary shall de- sicians, primary care providers, and prin- ‘primary care services’ means procedure termine the aggregate estimated savings for cipal care providers through 1 or more of the codes for services in the category of the a calendar year as a result of the implemen- following: Healthcare Common Procedure Coding Sys- tation of this subsection on reducing pre- ‘‘(A) A service-specific modifier to the rel- tem, as established by the Secretary under ventable hospital admissions, duplicate test- ative value units established for such serv- section 1848(c)(5) (as of December 31, 2008 and ing, medication errors and drug interactions, ices. as subsequently modified by the Secretary) and other savings under this part and part A ‘‘(B) Service-specific bonus payments. consisting of evaluation and management (including any savings with respect to items ‘‘(C) Any other methodology determined services, but limited to such procedure codes and services for which payment is not made appropriate by the Secretary. in the category of office or other outpatient under this section). ‘‘(2) INCLUSION OF PROPOSED CRITERIA.—The services, and consisting of subcategories of ‘‘(B) FUNDING.—Subject to subparagraph methodology developed under paragraph (1) such procedure codes for services for both (C), the aggregate amount available for pay- shall include proposed criteria for providers new and established patients. ment of the monthly fee under this sub- to qualify for such increased payments, in- ‘‘(3) JUDICIAL REVIEW.—There shall be no section during a calendar year shall be equal cluding consideration of— administrative or judicial review under sec- to the aggregate estimated savings (as deter- ‘‘(A) the type of service being rendered; tion 1869, 1878, or otherwise, respecting the mined under subparagraph (A)) for the cal- ‘‘(B) the specialty of the provider providing identification of primary care physicians, endar year (as determined by the Secretary). the service; and primary care providers, or primary care serv- ‘‘(C) ADDITIONAL FUNDING.—In the case ‘‘(C) demonstration by the provider of vol- ices under this subsection.’’. where the amount of the aggregate actual untary participation in programs to improve (b) CONFORMING AMENDMENT.—Section savings during the preceding 3 years exceeds quality, such as participation in the Physi- 1834(g)(2)(B) of the Social Security Act (42 the amount of the aggregate estimated sav- cian Quality Reporting Initiative (as deter- U.S.C. 1395m(g)(2)(B)) is amended by adding ings (as determined under subparagraph (A)) mined by the Secretary) or practice-level at the end the following sentence: ‘‘Section during such period, the aggregate amount qualification as a patient-centered medical 1833(x) shall not be taken into account in de- available for payment of the monthly fee home. termining the amounts that would otherwise under this subsection during the calendar ‘‘(3) FUNDING.— be paid pursuant to the preceding sentence.’’. year (as determined under subparagraph (B)) ‘‘(A) DETERMINATION.—The Secretary shall SEC. 2305. PERMANENT EXTENSION OF MEDI- shall be increased by the amount of such ex- determine the aggregate estimated savings CARE INCENTIVE PAYMENT PRO- cess. for a calendar year as a result of such in- GRAM FOR PHYSICIAN SCARCITY ‘‘(D) ADDITIONAL FUNDING AS DETERMINED creased payments on reducing preventable AREAS. NECESSARY BY THE SECRETARY.—In addition hospital admissions, duplicate testing, medi- Section 1833(u) of the Social Security Act to any funding made available under sub- cation errors and drug interactions, Inten- (42 U.S.C. 1395l(u)) is amended— paragraphs (B) and (C), there shall also be sive Care Unit admissions, per capita health (1) in paragraph (1)— available to the Secretary, for purposes of ef- care expenditures, and other savings under (A) by inserting ‘‘or on or after July 1, fectively implementing this subsection, such this part and part A (including any savings 2009’’ after ‘‘before July 1, 2008’’; and additional funds as the Secretary determines with respect to items and services for which (B) by inserting ‘‘(or, in the case of serv- are necessary. payment is not made under this section). ices furnished on or after July 1, 2009, 10 per- ‘‘(4) PERFORMANCE-BASED BONUS PAY- ‘‘(B) FUNDING.—The aggregate amount cent)’’ after ‘‘5 percent’’; and MENTS.—The Secretary shall establish a available for such increased payments during (2) in paragraph (4)(D), by striking ‘‘before process for paying a performance-based a calendar year shall be equal to the aggre- July 1, 2008’’ and inserting ‘‘before January bonus to qualified patient-centered medical gate estimated savings (as determined under 1, 2010’’.

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SEC. 2306. HHS STUDY AND REPORT ON THE ‘‘(C) Diabetes outpatient self-management (3) ELIMINATION OF COINSURANCE IN OUT- PROCESS FOR DETERMINING REL- training services (as defined in subsection PATIENT HOSPITAL SETTINGS.— ATIVE VALUE UNDER THE MEDI- (qq)). (A) EXCLUSION FROM OPD FEE SCHEDULE.— CARE PHYSICIAN FEE SCHEDULE. ‘‘(D) Screening for glaucoma for certain in- Section 1833(t)(1)(B)(iv) of the Social Secu- (a) STUDY.—The Secretary shall conduct a dividuals (as described in subsection rity Act (42 U.S.C. 1395l(t)(1)(B)(iv)) is study on the process used by the Secretary (s)(2)(U)). amended by striking ‘‘and diagnostic mam- for determining relative value under the ‘‘(E) Medical nutrition therapy services for mography’’ and inserting ‘‘, diagnostic mam- Medicare physician fee schedule under sec- certain individuals (as described in sub- mography, and preventive services (as de- tion 1848(c) of the Social Security Act (42 section (s)(2)(V)). fined in section 1861(ddd)(3))’’. U.S.C. 1395w–4(c)). Such study shall include ‘‘(F) An initial preventive physical exam- (B) CONFORMING AMENDMENTS.—Section an analysis of the following: ination (as defined in subsection (ww)). 1833(a)(2) of the Social Security Act (42 (1)(A) Whether the existing process in- ‘‘(G) Cardiovascular screening blood tests U.S.C. 1395l(a)(2)) is amended— cludes equitable representation of primary (as defined in subsection (xx)(1)). (i) in subparagraph (F), by striking ‘‘and’’ care physicians (as defined in section ‘‘(H) Diabetes screening tests (as defined in after the semicolon at the end; 2003(a)(6)); and subsection (yy)). (ii) in subparagraph (G)(ii), by adding (B) any changes that may be necessary to ‘‘(I) Ultrasound screening for abdominal ‘‘and’’ at the end; and ensure such equitable representation. aortic aneurysm for certain individuals (as (iii) by adding at the end the following new (2)(A) Whether the existing process pro- described in subsection (s)(2)(AA)). subparagraph: vides the Secretary with expert and impar- ‘‘(J) Pneumococcal and influenza vaccine ‘‘(H) with respect to preventive services (as tial input from physicians in medical spe- and their administration (as described in defined in section 1861(ddd)(3)) furnished by cialties that provide primary care to pa- subsection (s)(10)(A)). an outpatient department of a hospital, the tients with multiple chronic diseases, the ‘‘(K) Hepatitis B vaccine and its adminis- amount determined under paragraph (1)(W) fastest growing part of the Medicare popu- tration for certain individuals (as described or (1)(X), as applicable;’’. lation; and in subsection (s)(10)(B)). (c) WAIVER OF APPLICATION OF DEDUCT- (B) any changes that may be necessary to ‘‘(L) Screening mammography (as defined IBLE.—The first sentence of section 1833(b) of ensure such input. in subsection (jj)). the Social Security Act (42 U.S.C. 1395l(b)) is (3)(A) Whether the existing process in- ‘‘(M) Screening pap smear and screening amended— cludes equitable representation of physician pelvic exam (as described in subsection (1) in clause (1), by striking ‘‘items and medical specialties in proportion to their (s)(14)). services described in section 1861(s)(10)(A)’’ relative contributions toward caring for ‘‘(N) Bone mass measurement (as defined and inserting ‘‘preventive services (as de- Medicare beneficiaries, as determined by the in subsection (rr)). fined in section 1861(ddd)(3))’’; ‘‘(O) Additional preventive services (as de- percentage of Medicare billings per spe- (2) by inserting ‘‘and’’ before ‘‘(4)’’; and termined under paragraph (1)).’’. cialty, percentage of Medicare encounters by (3) by striking ‘‘, (5)’’ and all that follows (b) COINSURANCE.— specialty, or such other measures of relative up to the period at the end. contributions to patient care as determined (1) GENERAL APPLICATION.— by the Secretary; and (A) IN GENERAL.—Section 1833(a)(1) of the SEC. 2313. HHS STUDY AND REPORT ON FACILI- TATING THE RECEIPT OF MEDICARE (B) any changes that may be necessary to Social Security Act (42 U.S.C. 1395l(a)(1)), as amended by section 2302, is amended— PREVENTIVE SERVICES BY MEDI- reflect such equitable representation. CARE BENEFICIARIES. (4)(A) Whether the existing process, includ- (i) in subparagraph (T), by striking ‘‘80 per- (a) STUDY.—The Secretary, in consultation ing the application of budget neutrality cent’’ and inserting ‘‘100 percent’’; (ii) in subparagraph (W), by striking ‘‘80 with provider organizations and other appro- rules, unfairly disadvantages primary care priate stakeholders, shall conduct a study physicians, primary care providers, or other percent’’ and inserting ‘‘100 percent’’; (iii) by striking ‘‘and’’ before ‘‘(X)’’; and on— physicians who principally provide evalua- (1) ways to assist primary care physicians tion and management services; and (iv) by inserting before the semicolon at the end the following: ‘‘, and (Y) with respect and primary care providers (as defined in (B) any changes that may be necessary to section 2003(a)) in— eliminate such disadvantages. to preventive services described in subpara- graphs (A) through (O) of section 1861(ddd)(3), (A) furnishing appropriate preventive serv- (b) REPORT.—Not later than 12 months ices (as defined in section 1861(ddd)(3) of the after the date of enactment of this Act, the the amount paid shall be 100 percent of the lesser of the actual charge for the services or Social Security Act, as added by section Secretary shall submit to Congress a report 2312) to individuals enrolled under part B of containing the results of the study con- the amount determined under the fee sched- ule that applies to such services under this title XVIII of such Act; and ducted under subsection (a), together with (B) referring such individuals for other recommendations for such legislation and part’’. LIMINATION OF COINSURANCE FOR items and services furnished by other physi- administrative action as the Secretary de- (2) E SCREENING SIGMOIDOSCOPIES AND cians and health care providers; and termines appropriate. COLONOSCOPIES.—Section 1834(d) of the Social (2) the advisability and feasability of mak- PART II—PREVENTIVE SERVICES Security Act (42 U.S.C. 1395m(d)) is amend- ing additional payments under the Medicare SEC. 2311. ELIMINATING TIME RESTRICTION FOR ed— program to physicians and primary care pro- INITIAL PREVENTIVE PHYSICAL EX- (A) in paragraph (2)— viders for— AMINATION. (i) in subparagraph (A), by inserting ‘‘, ex- (A) the work involved in ensuring that (a) IN GENERAL.—Section 1862(a)(1)(K) of cept that payment for such tests under such such individuals receive appropriate preven- the Social Security Act (42 U.S.C. section shall be 100 percent of the payment tive services furnished by other physicians 1395y(a)(1)(K)) is amended by striking ‘‘more determined under such section for such and health care providers; and than’’ and all that follows before the comma tests’’ before the period at the end; and (B) incorporating the resulting clinical in- at the end and inserting ‘‘more than one (ii) in subparagraph (C)— formation into the treatment plan for the in- time during the lifetime of the individual’’. (I) by striking clause (ii); and dividual. (b) EFFECTIVE DATE.—The amendments (II) in clause (i)— (b) REPORT.—Not later than 12 months made by this section shall apply to services (aa) by striking ‘‘(i) IN GENERAL.—Notwith- after the date of enactment of this Act, the furnished on or after January 1, 2010. standing’’ and inserting ‘‘Notwithstanding’’; Secretary shall submit to Congress a report SEC. 2312. ELIMINATION OF COST-SHARING FOR (bb) by redesignating subclauses (I) and (II) containing the results of the study con- PREVENTIVE BENEFITS UNDER THE as clauses (i) and (ii), respectively, and mov- ducted under subsection (a), together with MEDICARE PROGRAM. ing such clauses 2 ems to the left; and recommendations for such legislation and (a) DEFINITION OF PREVENTIVE SERVICES.— (cc) in the flush matter following clause administrative action as the Secretary de- Section 1861(ddd) of the Social Security Act (ii), as so redesignated, by inserting ‘‘100 per- termines appropriate. (42 U.S.C. 1395w(dd)) is amended— cent of’’ after ‘‘based on’’; and PART III—OTHER PROVISIONS (1) in the heading, by inserting ‘‘; Preven- (B) in paragraph (3)— SEC. 2321. HHS STUDY AND REPORT ON IMPROV- tive Services’’ after ‘‘Services’’; (i) in subparagraph (A), by inserting ‘‘, ex- ING THE ABILITY OF PHYSICIANS (2) in paragraph (1), by striking ‘‘not other- cept that payment for such tests under such AND PRIMARY CARE PROVIDERS TO wise described in this title’’ and inserting section shall be 100 percent of the payment ASSIST MEDICARE BENEFICIARIES ‘‘not described in subparagraphs (A) through determined under such section for such IN OBTAINING NEEDED PRESCRIP- (N) of paragraph (3)’’; and tests’’ before the period at the end; and TIONS UNDER MEDICARE PART D. (3) by adding at the end the following new (ii) in subparagraph (C)— (a) STUDY.—The Secretary, in consultation paragraph: (I) by striking clause (ii); and with physician organizations and other ap- ‘‘(3) The term ‘preventive services’ means (II) in clause (i)— propriate stakeholders, shall conduct a study the following: (aa) by striking ‘‘(i) IN GENERAL.—Notwith- on the development and implementation of ‘‘(A) Prostate cancer screening tests (as de- standing’’ and inserting ‘‘Notwithstanding’’; mechanisms to facilitate increased effi- fined in subsection (oo)). and ciency relating to the role of physicians and ‘‘(B) Colorectal cancer screening tests (as (bb) by inserting ‘‘100 percent of’’ after primary care providers in Medicare bene- defined in subsection (pp)). ‘‘based on’’. ficiaries obtaining needed prescription drugs

VerDate Nov 24 2008 23:41 Jun 15, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.026 S15JNPT1 rfrederick on PROD1PC67 with SENATE June 15, 2009 CONGRESSIONAL RECORD — SENATE S6597 under the Medicare prescription drug pro- this Act, the Secretary shall establish a na- all 5 of the most recent cost reporting peri- gram under part D of title XVIII of the So- tional clearinghouse to make available to ods ending prior to the date of enactment of cial Security Act. Such study shall include the primary care physicians, primary care this paragraph by an amount that is equal to an analysis of ways to— providers, patients, and States translated the number of such unused residency posi- (1) improve the accessibility of formulary documents regarding patient care and edu- tions. information; cation under the Medicare program, the ‘‘(II) EXCEPTION FOR RURAL HOSPITALS AND (2) streamline the prior authorization, ex- Medicaid program, and the State Children’s CERTAIN OTHER HOSPITALS.—This subpara- ception, and appeals processes, through, at a Health Insurance Program under titles graph shall not apply to a hospital— minimum, standardizing formats and allow- XVIII, XIX, and XXI, respectively, of the So- ‘‘(aa) located in a rural area (as defined in ing electronic exchange of information; and cial Security Act. subsection (d)(2)(D)(ii)); (3) recognize the work of the physician and (c) GRANTS TO SUPPORT LANGUAGE TRANS- ‘‘(bb) that has participated in a voluntary primary care provider involved in the pre- LATION SERVICES IN UNDERSERVED COMMU- reduction plan under paragraph (6); or scribing process, especially work that may NITIES.— ‘‘(cc) that has participated in a demonstra- extend beyond the amount considered to be (1) AUTHORITY TO AWARD GRANTS.—The Sec- tion project approved as of October 31, 2003, bundled into payment for evaluation and retary shall award grants to support lan- under the authority of section 402 of Public management services. guage translation services for primary care Law 90–248. (b) REPORT.—Not later than 12 months physicians and primary care providers in ‘‘(ii) NUMBER AVAILABLE FOR DISTRIBU- after the date of enactment of this Act, the medically underserved areas (as defined in TION.—The number of additional residency Secretary shall submit to Congress a report section 2003(c)). positions available for distribution under containing the results of the study con- (2) AUTHORIZATION OF APPROPRIATIONS.— subparagraph (B) shall be an amount that ducted under subsection (a), together with There are authorized to be appropriated to the Secretary determines would result in a recommendations for such legislation and the Secretary to award grants under this 15 percent increase in the aggregate number administrative action as the Secretary de- subsection, such sums as are necessary for of full-time equivalent residents in approved termines appropriate. fiscal years beginning with fiscal year 2010. medical training programs (as determined SEC. 2322. HHS STUDY AND REPORT ON IM- SEC. 2324. HHS STUDY AND REPORT ON USE OF based on the most recent cost reports avail- PROVED PATIENT CARE THROUGH REAL-TIME MEDICARE CLAIMS AD- able at the time of distribution). One-third of INCREASED CAREGIVER AND PHYSI- JUDICATION. such number shall only be available for dis- CIAN INTERACTION. (a) STUDY.—The Secretary shall conduct a tribution to hospitals described in subclause (a) STUDY.—The Secretary, in consultation study to assess the ability of the Medicare (I) of subparagraph (B)(ii) under such sub- with appropriate stakeholders, shall conduct program under title XVIII of the Social Se- paragraph. a study on the development and implementa- curity Act to engage in real-time claims ad- ‘‘(B) DISTRIBUTION.— tion of mechanisms to promote and increase judication for items and services furnished ‘‘(i) IN GENERAL.—The Secretary shall in- interaction between physicians or primary to Medicare beneficiaries. crease the otherwise applicable resident care providers and the families of Medicare (b) CONSULTATION.—In conducting the limit for each qualifying hospital that sub- beneficiaries, as well as other caregivers who study under subsection (a), the Secretary mits an application under this subparagraph support such beneficiaries, for the purpose of consult with stakeholders in the private sec- by such number as the Secretary may ap- improving patient care under the Medicare tor, including stakeholders who are using or prove for portions of cost reporting periods program. Such study shall include an anal- are testing real-time claims adjudication occurring on or after the date of enactment ysis of— systems. of this paragraph. The aggregate number of (1) ways to recognize the work of physi- (c) REPORT.—Not later than January 1, increases in the otherwise applicable resi- cians and primary care providers involved in 2011, the Secretary shall submit to Congress dent limit under this subparagraph shall be discussing clinical issues with caregivers a report containing the results of the study equal to the number of additional residency that relate to the care of the beneficiary; conducted under subsection (a), together positions available for distribution under and with recommendations for such legislation subparagraph (A)(ii). (2) regulations under the Medicare program and administrative action as the Secretary ‘‘(ii) DISTRIBUTION TO HOSPITALS ALREADY that are barriers to interactions between determines appropriate. OPERATING OVER RESIDENT LIMIT.— caregivers and physicians or primary care SEC. 2325. ONGOING ASSESSMENT BY MEDPAC OF ‘‘(I) IN GENERAL.—Subject to subclause (II), providers and how such regulations should be THE IMPACT OF MEDICARE PAY- in the case of a hospital in which the ref- revised to eliminate such barriers. MENTS ON PRIMARY CARE ACCESS erence resident level of the hospital (as de- AND EQUITY. (b) REPORT.—Not later than 12 months fined in clause (ii)) is greater than the other- after the date of enactment of this Act, the The Medicare Payment Advisory Commis- wise applicable resident limit, the increase Secretary shall submit to Congress a report sion, beginning in 2010 and in each of its sub- in the otherwise applicable resident limit containing the results of the study con- sequent annual reports to Congress on Medi- under this subparagraph shall be an amount ducted under subsection (a), together with care physician payment policies, shall pro- equal to the product of the total number of recommendations for such legislation and vide an assessment of the impact of changes additional residency positions available for administrative action as the Secretary de- in Medicare payment policies in improving distribution under subparagraph (A)(ii) and termines appropriate. access to and equity of payments to primary the quotient of— care physicians and primary care providers. ‘‘(aa) the number of resident positions by SEC. 2323. IMPROVED PATIENT CARE THROUGH EXPANDED SUPPORT FOR LIMITED Such assessment shall include an assessment which the reference resident level of the hos- ENGLISH PROFICIENCY (LEP) SERV- of the effectiveness, once implemented, of pital exceeds the otherwise applicable resi- ICES. the Medicare payment-related reforms re- dent limit for the hospital; and (a) ADDITIONAL PAYMENTS FOR PRIMARY quired by this Act to support primary care ‘‘(bb) the number of resident positions by CARE PHYSICIANS AND PRIMARY CARE PRO- as well as any other payment changes that which the reference resident level of all such VIDERS.—Section 1833 of the Social Security may be required by Congress to improve ac- hospitals with respect to which an applica- Act (42 U.S.C. 1395l), as amended by section cess to and equity of payments to primary tion is approved under this subparagraph ex- 2304, is amended by adding at the end the fol- care physicians and primary care providers. ceeds the otherwise applicable resident limit lowing new subsection: SEC. 2326. DISTRIBUTION OF ADDITIONAL RESI- for such hospitals. ‘‘(y) ADDITIONAL PAYMENTS FOR PROVIDING DENCY POSITIONS. ‘‘(II) REQUIREMENTS.—A hospital described SERVICES TO INDIVIDUALS WITH LIMITED (a) IN GENERAL.—Section 1886(h) of the So- in subclause (I)— ENGLISH PROFICIENCY.— cial Security Act (42 U.S.C. 1395ww(h)) is ‘‘(aa) is not eligible for an increase in the ‘‘(1) IN GENERAL.—In the case of primary amended— otherwise applicable resident limit under care providers’ services furnished on or after (1) in paragraph (4)(F)(i), by striking this subparagraph unless the amount by January 1, 2010, to an individual with limited ‘‘paragraph (7)’’ and inserting ‘‘paragraphs which the reference resident level of the hos- English proficiency by a provider, in addi- (7) and (8)’’; pital exceeds the otherwise applicable resi- tion to the amount of payment that would (2) in paragraph (4)(H)(i), by striking dent limit is not less than 10 and the hos- otherwise be made for such services under ‘‘paragraph (7)’’ and inserting ‘‘paragraphs pital trains at least 25 percent of the full- this part, there shall also be paid an appro- (7) and (8)’’; and time equivalent residents of the hospital in priate amount (as determined by the Sec- (3) by adding at the end the following new primary care and general surgery (as of the retary) in order to recognize the additional paragraph: date of enactment of this paragraph); and time involved in furnishing the service to ‘‘(8) DISTRIBUTION OF ADDITIONAL RESIDENCY ‘‘(bb) shall continue to train at least 25 such individual. POSITIONS.— percent of the full-time equivalent residents ‘‘(2) JUDICIAL REVIEW.—There shall be no ‘‘(A) ADDITIONAL RESIDENCY POSITIONS.— of the hospital in primary care and general administrative or judicial review under sec- ‘‘(i) REDUCTION IN LIMIT BASED ON UNUSED surgery for the 10-year period beginning on tion 1869, 1878, or otherwise, respecting the POSITIONS.— such date. determination of the amount of additional ‘‘(I) IN GENERAL.—The Secretary shall re- In the case where the Secretary determines payment under this subsection.’’. duce the otherwise applicable resident limit that a hospital no longer meets the require- (b) NATIONAL CLEARINGHOUSE.—Not later for a hospital that the Secretary determines ment of item (bb), the Secretary may reduce than 180 days after the date of enactment of had residency positions that were unused for the otherwise applicable resident limit of the

VerDate Nov 24 2008 23:41 Jun 15, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.026 S15JNPT1 rfrederick on PROD1PC67 with SENATE S6598 CONGRESSIONAL RECORD — SENATE June 15, 2009 hospital by the amount by which such limit dent ratios). In determining the number of ing ‘‘if the hospital continues to incur the was increased under this clause. medical students in a State for purposes of costs of the stipends and fringe benefits of ‘‘(III) CLARIFICATION REGARDING ELIGIBILITY the preceding sentence, the Secretary shall the intern or resident during the time the in- FOR OTHER ADDITIONAL RESIDENCY POSI- include planned students at medical schools tern or resident spends in that setting’’. TIONS.—Nothing in this clause shall be con- which have provisional accreditation by the (c) EFFECTIVE DATES; APPLICATION.— strued as preventing a hospital described in Liaison Committee on Medical Education or (1) IN GENERAL.—Effective for cost report- subclause (I) from applying for additional the American Osteopathic Association. ing periods beginning on or after July 1, 2009, residency positions under this paragraph ‘‘(iv) The Secretary shall give preference the Secretary of Health and Human Services that are not reserved for distribution under to hospitals in States that have low resident- shall implement the amendments made by this clause. to-population ratios (including a greater this section in a manner so as to apply to ‘‘(iii) REFERENCE RESIDENT LEVEL.— preference for those States with lower resi- cost reporting periods beginning on or after ‘‘(I) IN GENERAL.—Except as otherwise pro- dent-to-population ratios). July 1, 2009. vided in subclause (II), the reference resident ‘‘(E) LIMITATION.— (2) APPLICATION.—The amendments made level specified in this clause for a hospital is ‘‘(i) IN GENERAL.—Except as provided in by this section shall not be applied in a man- the resident level for the most recent cost clause (ii), in no case may a hospital (other ner that requires reopening of any settled reporting period of the hospital ending on or than a hospital described in subparagraph hospital cost reports as to which there is not before the date of enactment of this para- (B)(ii)(I), subject to the limitation under a jurisdictionally proper appeal pending as of graph, for which a cost report has been set- subparagraph (B)(ii)(III)) apply for more the date of the enactment of this Act on the tled (or, if not, submitted (subject to audit)), than 50 full-time equivalent additional resi- issue of payment for indirect costs of med- as determined by the Secretary. dency positions under this paragraph. ical education under section 1886(d)(5)(B) of ‘‘(II) USE OF MOST RECENT ACCOUNTING PE- ‘‘(ii) INCREASE IN NUMBER OF ADDITIONAL PO- the Social Security (42 U.S.C. RIOD TO RECOGNIZE EXPANSION OF EXISTING SITIONS AVAILABLE FOR DISTRIBUTION.—The 1395ww(d)(5)(B))Act or for direct graduate PROGRAM OR ESTABLISHMENT OF NEW PRO- Secretary shall increase the number of full- medical education costs under section 1886(h) GRAM.—If a hospital submits a timely re- time equivalent additional residency posi- of such Act (42 U.S.C. 1395ww(h)). quest to increase its resident level due to an tions a hospital may apply for under this SEC. 2328. RULES FOR COUNTING RESIDENT expansion of an existing residency training paragraph if the Secretary determines that TIME FOR DIDACTIC AND SCHOL- program or the establishment of a new resi- the number of additional residency positions ARLY ACTIVITIES AND OTHER AC- dency training program that is not reflected available for distribution under subpara- TIVITIES. on the most recent cost report that has been graph (A)(ii) exceeds the number of such ap- (a) GME.—Section 1886(h) of the Social Se- settled (or, if not, submitted (subject to plications approved. curity Act (42 U.S.C. 1395ww(h)), as amended audit)), after audit and subject to the discre- ‘‘(F) APPLICATION OF PER RESIDENT by section 2327(a), is amended— tion of the Secretary, the reference resident AMOUNTS FOR PRIMARY CARE AND NONPRIMARY (1) in paragraph (4)(E)— level for such hospital is the resident level CARE.—With respect to additional residency (A) by designating the first sentence as a for the cost reporting period that includes positions in a hospital attributable to the in- clause (i) with the heading ‘‘IN GENERAL’’ and the additional residents attributable to such crease provided under this paragraph, the ap- appropriate indentation and by striking expansion or establishment, as determined proved FTE resident amounts are deemed to ‘‘Such rules’’ and inserting ‘‘Subject to by the Secretary. be equal to the hospital per resident clause (ii), such rules’’; and ‘‘(C) CONSIDERATIONS IN REDISTRIBUTION.— amounts for primary care and nonprimary (B) by adding at the end the following new In determining for which hospitals the in- care computed under paragraph (2)(D) for clause: crease in the otherwise applicable resident that hospital. ‘‘(ii) TREATMENT OF CERTAIN NONHOSPITAL limit is provided under subparagraph (B) ‘‘(G) DISTRIBUTION.—The Secretary shall AND DIDACTIC ACTIVITIES.—Such rules shall (other than an increase under subparagraph distribute the increase to hospitals under provide that all time spent by an intern or (B)(ii)), the Secretary shall take into ac- this paragraph not later than 2 years after resident in an approved medical residency count the demonstrated likelihood of the the date of enactment of this paragraph.’’. training program in a nonhospital setting hospital filling the positions within the first (b) IME.— that is primarily engaged in furnishing pa- 3 cost reporting periods beginning on or after (1) IN GENERAL.—Section 1886(d)(5)(B)(v) of tient care (as defined in paragraph (5)(K)) in July 1, 2010, made available under this para- the Social Security Act (42 U.S.C. non-patient care activities, such as didactic graph, as determined by the Secretary. 1395ww(d)(5)(B)(v)), in the second sentence, is conferences and seminars, but not including ‘‘(D) PRIORITY FOR CERTAIN AREAS.—In de- amended— research not associated with the treatment termining for which hospitals the increase in (A) by striking ‘‘subsection (h)(7)’’ and in- or diagnosis of a particular patient, as such the otherwise applicable resident limit is serting ‘‘subsections (h)(7) and (h)(8)’’; and time and activities are defined by the Sec- provided under subparagraph (B) (other than (B) by striking ‘‘it applies’’ and inserting retary, shall be counted toward the deter- an increase under subparagraph (B)(ii)), the ‘‘they apply’’. mination of full-time equivalency.’’; Secretary shall distribute the increase to (2) CONFORMING PROVISION.—Section (2) in paragraph (4), by adding at the end hospitals based on the following criteria: 1886(d)(5)(B) of the Social Security Act (42 the following new subparagraph: ‘‘(i) The Secretary shall give preference to U.S.C. 1395ww(d)(5)(B)) is amended by adding ‘‘(I) In determining the hospital’s number hospitals that submit applications for new at the end the following clause: of full-time equivalent residents for purposes primary care and general surgery residency ‘‘(x) For discharges occurring on or after of this subsection, all the time that is spent positions. In the case of any increase based the date of enactment of this clause, insofar by an intern or resident in an approved med- on such preference, a hospital shall ensure as an additional payment amount under this ical residency training program on vacation, that— subparagraph is attributable to resident po- sick leave, or other approved leave, as such ‘‘(I) the position made available as a result sitions distributed to a hospital under sub- time is defined by the Secretary, and that of such increase remains a primary care or section (h)(8)(B), the indirect teaching ad- does not prolong the total time the resident general surgery residency position for not justment factor shall be computed in the is participating in the approved program be- less than 10 years after the date on which the same manner as provided under clause (ii) yond the normal duration of the program position is filled; and with respect to such resident positions.’’. shall be counted toward the determination of ‘‘(II) the total number of primary care and SEC. 2327. COUNTING RESIDENT TIME IN OUT- full-time equivalency.’’; and general surgery residency positions in the PATIENT SETTINGS. (3) in paragraph (5), by adding at the end hospital (determined based on the number of (a) D–GME.—Section 1886(h)(4)(E) of the the following new subparagraph: such positions as of the date of such in- Social Security Act (42 U.S.C. ‘‘(M) NONHOSPITAL SETTING THAT IS PRI- crease, including any position added as a re- 1395ww(h)(4)(E)) is amended— MARILY ENGAGED IN FURNISHING PATIENT sult of such increase) is not decreased during (1) by striking ‘‘under an approved medical CARE.—The term ‘nonhospital setting that is such 10-year period. residency training program’’; and primarily engaged in furnishing patient care’ In the case where the Secretary determines (2) by striking ‘‘if the hospital incurs all, means a nonhospital setting in which the that a hospital no longer meets the require- or substantially all, of the costs for the primary activity is the care and treatment ment of subclause (II), the Secretary may re- training program in that setting’’ and insert- of patients, as defined by the Secretary.’’. duce the otherwise applicable resident limit ing ‘‘if the hospital continues to incur the (b) IME DETERMINATIONS.—Section of the hospital by the amount by which such costs of the stipends and fringe benefits of 1886(d)(5)(B) of such Act (42 U.S.C. limit was increased under this paragraph. the resident during the time the resident 1395ww(d)(5)(B)), as amended by section ‘‘(ii) The Secretary shall give preference to spends in that setting’’. 2326(b), is amended by adding at the end the hospitals that emphasizes training in com- (b) IME.—Section 1886(d)(5)(B)(iv) of the following new clause: munity health centers and other commu- Social Security Act (42 U.S.C. ‘‘(xi)(I) The provisions of subparagraph (I) nity-based clinical settings. 1395ww(d)(5)(B)(iv)) is amended— of subsection (h)(4) shall apply under this ‘‘(iii) The Secretary shall give preference (1) by striking ‘‘under an approved medical subparagraph in the same manner as they to hospitals in States that have more med- residency training program’’; and apply under such subsection. ical students than residency positions avail- (2) by striking ‘‘if the hospital incurs all, ‘‘(II) In determining the hospital’s number able (including a greater preference for those or substantially all, of the costs for the of full-time equivalent residents for purposes States with smaller resident-to-medical-stu- training program in that setting’’ and insert- of this subparagraph, all the time spent by

VerDate Nov 24 2008 23:41 Jun 15, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.026 S15JNPT1 rfrederick on PROD1PC67 with SENATE June 15, 2009 CONGRESSIONAL RECORD — SENATE S6599 an intern or resident in an approved medical ‘‘(aa) First, to hospitals located in the Statement of Work under the Quality Im- residency training program in non-patient same core-based statistical area as, or a provement Program under part B of title XI care activities, such as didactic conferences core-based statistical area contiguous to, the of the Social Security Act to include a re- and seminars, as such time and activities are hospital that closed. quirement that, in order to be an eligible defined by the Secretary, that occurs in the ‘‘(bb) Second, to hospitals located in the Quality Improvement Organization (in this hospital shall be counted toward the deter- same State as the hospital that closed. section referred to as a ‘QIO’) for the 9th mination of full-time equivalency if the hos- ‘‘(cc) Third, to hospitals located in the Statement of Work contract cycle, a QIO pital— same region of the country as the hospital shall provide assistance, including technical ‘‘(aa) is recognized as a subsection (d) hos- that closed. assistance, to physicians under the Medicare pital; ‘‘(dd) Fourth, to all other hospitals. program under title XVIII of the Social Se- ‘‘(bb) is recognized as a subsection (d) ‘‘(III) REQUIREMENT HOSPITAL LIKELY TO curity Act that seek to acquire the elements Puerto Rico hospital; FILL POSITION WITHIN CERTAIN TIME PERIOD.— necessary to be recognized as a patient-cen- ‘‘(cc) is reimbursed under a reimbursement The Secretary may only increase the other- tered medical home practice under the Na- system authorized under section 1814(b)(3); or wise applicable resident limit of a hospital tional Committee for Quality Assurance’s ‘‘(dd) is a provider-based hospital out- under such process if the Secretary deter- Physician Practice Connections-PCMH mod- patient department. mines the hospital has demonstrated a like- ule (or any successor module issued by such ‘‘(III) In determining the hospital’s number lihood of filling the positions made available Committee). of full-time equivalent residents for purposes under this clause within 3 years. Subtitle D—Studies of this subparagraph, all the time spent by ‘‘(IV) LIMITATION.—The aggregate number SEC. 2401. STUDY CONCERNING THE DESIGNA- an intern or resident in an approved medical of increases in the otherwise applicable resi- residency training program in research ac- TION OF PRIMARY CARE AS A dent limits for hospitals under this clause SHORTAGE PROFESSION. tivities that are not associated with the shall be equal to the number of resident posi- (a) IN GENERAL.—Not later than June 30, treatment or diagnosis of a particular pa- tions in the approved medical residency pro- 2010, the Secretary of Labor shall conduct a tient, as such time and activities are defined grams that closed on or after the date de- study and submit to the Committee on Edu- by the Secretary, shall not be counted to- scribed in subclause (I). ward the determination of full-time equiva- cation and Labor of the House of Representa- ‘‘(vii) SPECIAL RULE FOR ACQUIRED HOS- tives and the Committee on Health, Edu- lency.’’. PITALS.— (c) EFFECTIVE DATES; APPLICATION.— cation, Labor, and Pensions a report that ‘‘(I) IN GENERAL.—In the case of a hospital (1) IN GENERAL.—Except as otherwise pro- contains— that is acquired (through any mechanism) by vided, the Secretary of Health and Human (1) a description of the criteria for the des- another entity with the approval of a bank- Services shall implement the amendments ignation of primary care physicians as pro- ruptcy court, during a period determined by made by this section in a manner so as to fessions in shortage as defined by the Sec- the Secretary (but not less than 3 years), the apply to cost reporting periods beginning on retary under section 212(a)(5)(A) of the Immi- applicable resident limit of the acquired hos- or after January 1, 1983. gration and Nationality Act; pital shall, except as provided in subclause (2) DIRECT GME.—Section 1886(h)(4)(E)(ii) of (2) the findings of the Secretary on wheth- (II), be the applicable resident limit of the the Social Security Act, as added by sub- er primary care physician professions will, hospital that was acquired (as of the date section (a)(1)(B), shall apply to cost report- on the date on which the report is submitted, immediately before the acquisition), without ing periods beginning on or after July 1, 2009. or within the 5-year period beginning on regard to whether the acquiring entity ac- (3) IME.—Section 1886(d)(5)(B)(xi)(III) of such date, satisfy the criteria referred to in cepts assignment of the Medicare provider the Social Security Act, as added by sub- paragraph (1); and agreement of the hospital that was acquired, section (b), shall apply to cost reporting pe- (3) if the Secretary finds that such profes- so long as the acquiring entity continues to riods beginning on or after October 1, 2001. sions will not satisfy such criteria, rec- operate the hospital that was acquired and Such section, as so added, shall not give rise ommendations for modifications to such cri- to furnish services, medical residency pro- to any inference on how the law in effect teria to enable primary care physicians to be grams, and volume of patients similar to the prior to such date should be interpreted. so designated as a profession in shortage. services, medical residency programs, and (4) APPLICATION.—The amendments made (b) REQUIREMENTS.—In conducting the volume of patients of the hospital that was by this section shall not be applied in a man- study under subsection (a), the Secretary of acquired (as determined by the Secretary) ner that requires reopening of any settled Labor shall consider workforce data from the during such period. hospital cost reports as to which there is not Health Resources and Services Administra- ‘‘(II) LIMITATION.—Subclause (I) shall only a jurisdictionally proper appeal pending as of tion, the Council on Graduate Medical Edu- apply in the case where an acquiring entity the date of the enactment of this Act on the cation, the Association of American Medical waives the right as a new provider under the issue of payment for indirect costs of med- Colleges, and input from physician member- program under this title to have the other- ical education under section 1886(d)(5)(B) of ship organizations that represent primary wise applicable resident limit of the acquired the Social Security Act or for direct grad- care physicians. hospital re-established or increased.’’. SEC. 2402. STUDY CONCERNING THE EDUCATION uate medical education costs under section (b) IME.—Section 1886(d)(5)(B)(v) of the So- 1886(h) of such Act. DEBT OF MEDICAL SCHOOL GRAD- cial Security Act (42 U.S.C. UATES. SEC. 2329. PRESERVATION OF RESIDENT CAP PO- 1395ww(d)(5)(B)(v)), in the second sentence, (a) STUDY.—The Comptroller General of SITIONS FROM CLOSED AND AC- as amended by section 2326(b), is amended by QUIRED HOSPITALS. the United States shall conduct a study to (a) GME.—Section 1886(h)(4)(H) of the So- striking ‘‘subsections (h)(7) and (h)(8)’’ and evaluate the higher education-related in- cial Security Act (42 U.S.C. Section inserting ‘‘subsections (h)(4)(H)(vi), debtedness of medical school graduates in 1395ww(h)(4)(H)) is amended by adding at the (h)(4)(H)(vii), (h)(7), and (h)(8)’’. the United States at the time of graduation (c) APPLICATION.—The amendments made end the following new clauses: from medical school, and the impact of such by this section shall not be applied in a man- ‘‘(vi) REDISTRIBUTION OF RESIDENCY SLOTS indebtedness on specialty choice, including ner that requires reopening of any settled AFTER A HOSPITAL CLOSES.— the impact on the field of primary care. hospital cost reports as to which there is not ‘‘(I) IN GENERAL.—Subject to the suc- (b) REPORT.— a jurisdictionally proper appeal pending as of ceeding provisions of this clause, the Sec- (1) SUBMISSION AND DISSEMINATION OF RE- the date of the enactment of this Act on the retary shall, by regulation, establish a proc- PORT.—Not later than 1 year after the date of issue of payment for indirect costs of med- ess under which, in the case where a hospital enactment of this Act, the Comptroller Gen- ical education under section 1886(d)(5)(B) of with an approved medical residency program eral shall submit a report on the study re- the Social Security Act (42 U.S.C. closes on or after the date of enactment of quired by subsection (a) to the Committee on 1395ww(d)(5)(B))or for direct graduate med- the Balanced Budget Act of 1997, the Sec- Health, Education, Labor, and Pensions of ical education costs under section 1886(h) of retary shall increase the otherwise applica- the Senate and the Committee on Education such Act (42 U.S.C. 1395ww(h)). ble resident limit under this paragraph for and Labor of the House of Representatives, (d) NO AFFECT ON TEMPORARY FTE CAP AD- other hospitals in accordance with this and shall make such report widely available JUSTMENTS.—The amendments made by this clause. to the public. section shall not affect any temporary ad- ‘‘(II) PRIORITY FOR HOSPITALS IN CERTAIN (2) ADDITIONAL REPORTS.—The Comptroller justment to a hospital’s FTE cap under sec- AREAS.—Subject to the succeeding provisions General may periodically prepare and release tion 413.79(h) of title 42, Code of Federal Reg- of this clause, in determining for which hos- as necessary additional reports on the topic ulations (as in effect on the date of enact- pitals the increase in the otherwise applica- described in subsection (a). ment of this Act). ble resident limit is provided under such SEC. 2403. STUDY ON MINORITY REPRESENTA- SEC. 2330. QUALITY IMPROVEMENT ORGANIZA- TION IN PRIMARY CARE. process, the Secretary shall distribute the TION ASSISTANCE FOR PHYSICIAN increase to hospitals located in the following PRACTICES SEEKING TO BE PA- (a) STUDY.—The Secretary of Health and priority order (with preference given within TIENT-CENTERED MEDICAL HOME Human Services, acting through the Admin- each category to hospitals that are members PRACTICES. istrator of the Health Resources and Serv- of the same affiliated group (as defined by Not later than 90 days after the date of en- ices Administration, shall conduct a study of the Secretary under clause (ii)) as the closed actment of this Act, the Secretary of Health minority representation in training, and in hospital): and Human Services shall revise the 9th practice, in primary care specialties.

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(b) REPORT.—Not later than 1 year after ‘‘(aa) High cost procedures as determined (iii) in subparagraph (C), by inserting ‘‘and the date of enactment of this Act, the Sec- by data under this title. value’’ after ‘‘geographic’’ in the first sen- retary of Health and Human Services, acting ‘‘(bb) Health outcomes and functional sta- tence; through the Administrator of the Health Re- tus of patients. (iv) in subparagraph (D), by striking ‘‘phy- sources and Services Administration, shall ‘‘(cc) The continuity, management, and co- sician work effort’’ and inserting ‘‘value’’; submit to the appropriate committees of ordination of health care and care transi- (v) by striking subparagraph (E); and Congress a report concerning the study con- tions, including episodes of care, for patients (vi) by striking subparagraph (G); ducted under subsection (a), including rec- across the continuum of providers, health (B) by striking paragraph (2) and inserting ommendations for achieving a primary care care settings, and health plans. the following new paragraph: workforce that is more representative of the ‘‘(dd) Patient, caregiver, and authorized ‘‘(2) COMPUTATION OF GEOGRAPHIC AND population of the United States. representative experience, quality and rel- VALUE ADJUSTMENT FACTOR.—For purposes of TITLE III—MEDICARE PAYMENT evance of information provided to patients, subsection (b)(1)(C), for all physicians’ serv- PROVISIONS caregivers, and authorized representatives, ices for each fee schedule area the Secretary SEC. 3001. SHORT TITLE. and use of information by patients, care- shall establish a geographic and value ad- This title may be cited as the ‘‘Medicare givers, and authorized representatives to in- justment factor equal to the sum of the geo- Payment Improvement Act of 2009’’. form decision making. graphic cost-of-practice adjustment factor SEC. 3002. FINDINGS. ‘‘(ee) The safety, effectiveness, and timeli- (specified in paragraph (3)), the geographic Congress makes the following findings: ness of care. malpractice adjustment factor (specified in (1) The health care delivery system must ‘‘(ff) The appropriate use of health care re- paragraph (4)), and the value adjustment fac- be realigned to provide better clinical out- sources and services. tor (specified in paragraph (5)) for the service comes, safety, and patient satisfaction at ‘‘(gg) Other items determined appropriate and the area.’’; and lower cost. This should be a common goal for by the Secretary. (C) by striking paragraph (5) and inserting all health care professionals, hospitals, and ‘‘(iii) REQUIREMENT.—In establishing the the following new paragraph: other groups. Today’s reimbursement system quality component under this subparagraph, ‘‘(5) PHYSICIAN WORK VALUE ADJUSTMENT pays the most to those who perform the most the Secretary shall— FACTOR.—For purposes of paragraph (2), the services, and therefore can provide disincen- ‘‘(I) take into account the recommenda- ‘physician work value adjustment factor’ for tives to efficient and high-quality providers. tions of the group established under clause a service for a fee schedule area, is the prod- (2) The regional inequities in Medicare re- (ii)(I); and uct of— imbursement penalize areas that have cost- ‘‘(II) provide for an open and transparent ‘‘(A) the proportion of the total relative effective health care delivery systems and process for the activities conducted pursuant value for the service that reflects the rel- reward those States that have high utiliza- to the convening of such group with respect ative value units for the work component; tion rates and provide inefficient care. to the development of the quality compo- and (3) According to the Dartmouth Health nent. ‘‘(B) the value index score for the area, Atlas, over the past 10 years, a number of ‘‘(iv) ESTABLISHMENT.—The quality compo- based on the value index established under studies have explored the relationship be- nent for each fee schedule area shall be the paragraph (6).’’. tween higher spending and the quality and ratio of the quality score for such area to the (c) AVAILABILITY OF QUALITY COMPONENT outcomes of care. The findings are remark- national average quality score. PRIOR TO IMPLEMENTATION.—The Secretary of ably consistent, concluding that higher ‘‘(v) QUALITY BASELINE.—If the quality Health and Human Services shall make the spending does not result in better quality of component for a fee schedule area does not quality component described in section care. rank in the top 25th percentile as compared 1848(c)(6)(B) of the Social Security Act, as (4) New payment models should be devel- to the national average (as determined by oped to move away from paying for quantity the Secretary) and the amount of reimburse- added by subsection (a), for each fee schedule and instead paying for improving health and ment for services under this section is great- area available to the public by not later than truly rewarding effective and efficient care. er than the amount of reimbursement for July 1, 2011. SEC. 3003. VALUE INDEX UNDER THE MEDICARE such services that would have applied under (d) EFFECTIVE DATE.—Subject to sub- PHYSICIAN FEE SCHEDULE. this section if the amendments made by sec- section (e), the amendments made by this (a) IN GENERAL.—Section 1848(e)(5) of the tion 2 of the Medicare Payment Improve- section shall apply to the Medicare physi- Social Security Act (42 U.S.C. 1395w–4 (e)) is ment Act of 2009 had not been enacted, this cian fee schedule for 2012 and each subse- amended by adding at the end the following section shall be applied as if such amend- quent year. new paragraph: ments had not been enacted. ‘‘(6) VALUE INDEX.— ‘‘(vi) APPLICATION.—In the case of a fee (e) TRANSITION.—Notwithstanding the ‘‘(A) IN GENERAL.—The Secretary shall de- schedule area that is less than an entire amendments made by the preceding provi- termine a value index for each fee schedule State, if available quality data is not suffi- sions of this section, the Secretary of Health area. The value index shall be the ratio of cient to measure quality at the sub-State and Human Services shall provide for an ap- the quality component under subparagraph level, the quality component for a sub-State (B) to the cost component under subpara- propriate transition to the amendments fee schedule area shall be the quality compo- made by this section. Under such transition, graph (C) for that fee schedule area. nent for the entire State. ‘‘(B) QUALITY COMPONENT.— in the case of payments under such fee ‘‘(C) COST COMPONENT.— ‘‘(i) IN GENERAL.—The quality component schedule for services furnished during— ‘‘(i) IN GENERAL.—The cost component shall be based on a composite score that re- shall be total annual per beneficiary Medi- (1) 2012, 25 percent of such payments shall flects quality measures available on a State care expenditures under part A and this part be based on the amount of payment that or fee schedule area basis. The measures for the fee schedule area. The Secretary may would have applied to the services if such shall reflect health outcomes and health sta- use total per beneficiary expenditures under amendments had not been enacted and 75 tus for the Medicare population, patient such parts in the last two years of life as an percent of such payment shall be based on safety, and patient satisfaction. The Sec- alternative measure if the Secretary deter- the amount of payment that would have ap- retary shall use the best data available, after mines that such measure better takes into plied to the services if such amendments had consultation with the Agency for Healthcare account severity differences among fee been fully implemented; Research and Quality and with private enti- schedule areas. (2) 2013, 50 percent of such payment shall ties that compile quality data. be based on the amount of payment that ‘‘(ii) ESTABLISHMENT.—The cost component ‘‘(ii) ADVISORY GROUP.— for a fee schedule area shall be the ratio of would have applied to the services if such ‘‘(I) IN GENERAL.—Not later than 60 days the cost per beneficiary for such area to the amendments had not been enacted and 50 after the date of enactment of the Medicare national average cost per beneficiary.’’. percent of such payment shall be based on Payment Improvement Act of 2009, the Sec- the amount of payment that would have ap- retary shall establish a group of experts and (b) CONFORMING AMENDMENTS.—Section plied to the services if such amendments had stakeholders to make consensus rec- 1848 of the Social Security Act (42 U.S.C. been fully implemented; and ommendations to the Secretary regarding 1395w–4) is amended— (3) 2014 and subsequent years, 100 percent of development of the quality component. The (1) in subsection (b)(1)(C), by striking ‘‘geo- such payment shall be based on the amount membership of the advisory group shall at graphic’’ and inserting ‘‘geographic and of payment that is applicable under such least reflect providers, purchasers, health value’’; and amendments. plans, researchers, relevant Federal agen- (2) in subsection (e)— cies, and individuals with technical expertise (A) in paragraph (1)— TITLE IV—LONG-TERM SERVICES on health care quality. (i) in the heading, by inserting ‘‘AND PROVISIONS ‘‘(II) DUTIES.—In the development of rec- VALUE’’ after ‘‘GEOGRAPHIC’’; SEC. 4001. SHORT TITLE. ommendations with respect to the quality (ii) in subparagraph (A), by striking clause component, the group established under sub- (iii) and inserting the following new clause: This title may be cited as the ‘‘Home and clause (I) shall consider at least the fol- ‘‘(iii) a value index (as defined in para- Community Balanced Incentives Act of lowing areas: graph (6)) applicable to physician work.’’; 2009’’.

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Subtitle A—Balancing Incentives described in paragraph (5)(B) for the non-fed- ‘‘(ii) PRESUMPTIVE ELIGIBILITY.—At the op- SEC. 4101. ENHANCED FMAP FOR EXPANDING eral share of expenditures for medical assist- tion of the State, provision of a 60-day period THE PROVISION OF NON-INSTITU- ance described in paragraph (4). of presumptive eligibility for medical assist- TIONALLY-BASED LONG-TERM SERV- ‘‘(B) TARGET SPENDING PERCENTAGES.— ance for non-institutionally-based long-term ICES AND SUPPORTS. ‘‘(i) In the case of a balancing incentive services and supports described in paragraph (a) ENHANCED FMAP TO ENCOURAGE EXPAN- payment State in which less than 25 percent (5)(B) for any individual whom the State has SION.—Section 1905 of the Social Security of the total expenditures for home and com- reason to believe will qualify for such med- Act (42 U.S.C. 1396d) is amended— munity-based services under the State plan ical assistance (provided that any expendi- (1) in the first sentence of subsection (b)— and the various waiver authorities for fiscal tures for such medical assistance during (A) by striking ‘‘, and (4)’’ and inserting ‘‘, year 2009 are for such services, the target such period are disregarded for purposes of (4)’’; and spending percentage for the State to achieve determining the rate of erroneous excess (B) by inserting before the period the fol- by not later than October 1, 2015, is that 25 payments for medical assistance under sec- lowing: ‘‘, and (5) in the case of a balancing percent of the total expenditures for home tion 1903(u)(1)(D)). incentive payment State, as defined in sub- and community-based services under the ‘‘(iii) CASE MANAGEMENT.—Development, in section (y)(1), that meets the conditions de- State plan and the various waiver authori- accordance with guidance from the Sec- scribed in subsection (y)(2), the Federal med- ties are for such services. retary, of conflict-free case management ical assistance percentage shall be increased services to— by the applicable number of percentage ‘‘(ii) In the case of any other balancing in- centive payment State, the target spending ‘‘(I) address transitioning from receipt of points determined under subsection (y)(3) for institutionally-based long-term services and percentage for the State to achieve by not the State with respect to medical assistance supports described in paragraph (5)(A) to re- later than October 1, 2015, is that 50 percent described in subsection (y)(4)’’; and ceipt of non-institutionally-based long-term of the total expenditures for home and com- (2) by adding at the end the following new services and supports described in paragraph munity-based services under the State plan subsection: (5)(B); and and the various waiver authorities are for ‘‘(y) STATE BALANCING INCENTIVE PAY- ‘‘(II) in conjunction with the beneficiary, such services. MENTS PROGRAM.—For purposes of clause (5) assess the beneficiary’s needs and , if appro- ‘‘(C) MAINTENANCE OF ELIGIBILITY REQUIRE- of the first sentence of subsection (b): priate, the needs of family caregivers for the ‘‘(1) BALANCING INCENTIVE PAYMENT MENTS.—The State does not apply eligibility beneficiary, and develop a service plan, ar- STATE.—A balancing incentive payment standards, methodologies, or procedures for range for services and supports, support the State is a State— determining eligibility for medical assist- beneficiary (and, if appropriate, the care- ‘‘(A) in which less than 50 percent of the ance for non-institutionally-based long-term givers) in directing the provision of services total expenditures for medical assistance for services and supports described in paragraph and supports, for the beneficiary, and con- fiscal year 2009 for long-term services and (5)(B)) that are more restrictive than the eli- duct ongoing monitoring to assure that serv- supports (as defined by the Secretary, sub- gibility standards, methodologies, or proce- ices and supports are delivered to meet the ject to paragraph (5)) are for non-institution- dures in effect for such purposes on Decem- beneficiary’s needs and achieve intended out- ally-based long-term services and supports ber 31, 2010. comes. described in paragraph (5)(B); ‘‘(D) USE OF ADDITIONAL FUNDS.—The State ‘‘(iv) CORE STANDARDIZED ASSESSMENT IN- ‘‘(B) that submits an application and meets agrees to use the additional Federal funds STRUMENTS.—Development of core standard- the conditions described in paragraph (2); paid to the State as a result of this sub- ized assessment instruments for determining and section only for purposes of providing new or eligibility for non-institutionally-based ‘‘(C) that is selected by the Secretary to expanded offerings of non-institutionally- long-term services and supports described in participate in the State balancing incentive based long-term services and supports de- paragraph (5)(B), which shall be used in a payment program established under this sub- scribed in paragraph (5)(B) (including expan- uniform manner throughout the State, to— section. sion through offering such services to in- ‘‘(I) assess a beneficiary’s eligibility and ‘‘(2) CONDITIONS.—The conditions described creased numbers of beneficiaries of medical functional level in terms of relevant areas in this paragraph are the following: assistance under this title). that may include medical, cognitive, and be- ‘‘(A) APPLICATION.—The State submits an ‘‘(E) STRUCTURAL CHANGES.—The State havioral status, as well as daily living skills, application to the Secretary that includes agrees to make, not later than the end of the and vocational and communication skills; the following: 6-month period that begins on the date the ‘‘(II) based on the assessment conducted ‘‘(i) A description of the availability of State submits and application under this under subclause (I), determine a bene- non-institutionally-based long-term services paragraph, such changes to the administra- ficiary’s needs for training, support services, and supports described in paragraph (5)(B) tion of the State plan (and, if applicable, to medical care, transportation, and other serv- available (for fiscal years beginning with fis- waivers approved for the State that involve ices, and develop an individual service plan cal year 2009). the provision of long-term care services and to address such needs; ‘‘(ii) A description of eligibility require- supports) as the Secretary determines, by ‘‘(III) conduct ongoing monitoring based on ments for receipt of such services. regulation or otherwise, are essential to the service plan; and ‘‘(iii) A projection of the number of addi- achieving an improved balance between the ‘‘(IV) require reporting of collect data for tional individuals that the State expects to provision of non-institutionally-based long- purposes of comparison among different provide with such services to during the 5- term services and supports described in para- service models. fiscal year period that begins with fiscal graph (5)(B) and other long-term services and ‘‘(F) DATA COLLECTION.—Collecting from year 2011. supports, and which shall include the fol- providers of services and through such other ‘‘(iv) An assurance of the State’s commit- lowing: means as the State determines appropriate ment to a consumer-directed long-term serv- ‘‘(i) ‘NO WRONG DOOR’—SINGLE ENTRY POINT the following data: ices and supports system that values quality SYSTEM.—Development of a statewide system ‘‘(i) SERVICES DATA.—Services data from of life in addition to quality of care and in to enable consumers to access all long-term providers of non-institutionally-based long- which beneficiaries are empowered to choose services and supports through an agency, or- term services and supports described in para- providers and direct their own care as much ganization, coordinated network, or portal, graph (5)(B) on a per-beneficiary basis and in as possible. in accordance with such standards as the accordance with such standardized coding ‘‘(v) A proposed budget that details the State shall establish and that— procedures as the State shall establish in State’s plan to expand and diversify medical ‘‘(I) shall require such agency, organiza- consultation with the Secretary. assistance for non-institutionally-based tion, network, or portal to provide— ‘‘(ii) QUALITY DATA.—Quality data on a se- long-term services and supports described in ‘‘(aa) consumers with information regard- lected set of core quality measures agreed paragraph (5)(B) during such 5-fiscal year pe- ing the availability of such services, how to upon by the Secretary and the State that are riod, and that includes— apply for such services, and other referral linked to population-specific outcomes meas- ‘‘(I) a description of the new or expanded services; and ures and accessible to providers. offerings of such services that the State will ‘‘(bb) information regarding, and make rec- ‘‘(iii) OUTCOMES MEASURES.—Outcomes provide; and ommendations for, providers of such serv- measures data on a selected set of core popu- ‘‘(II) the projected costs of the services ices; and lation-specific outcomes measures agreed identified in subclause (I). ‘‘(II) may, at State option, permit such upon by the Secretary and the State that are ‘‘(vi) A description of how the State in- agency, organization, network, or portal to— accessible to providers and include— tends to achieve the target spending percent- ‘‘(aa) determine financial and functional ‘‘(I) measures of beneficiary and family age applicable to the State under subpara- eligibility for such services and supports; caregiver experience with providers; graph (B). and ‘‘(II) measures of beneficiary and family ‘‘(vii) An assurance that the State will not ‘‘(bb) provide or refer eligible individuals caregiver satisfaction with services; and use Federal funds, revenues described in sec- to services and supports otherwise available ‘‘(III) measures for achieving desired out- tion 1903(w)(1), or revenues obtained through in the community (under programs other comes appropriate to a specific beneficiary, the imposition of beneficiary cost-sharing than the State program under this title), including employment, participation in com- for medical assistance for non-institution- such as housing, job training, and transpor- munity life, health stability, and prevention ally-based long-term services and supports tation. of loss in function.

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‘‘(3) APPLICABLE NUMBER OF PERCENTAGE stitutionally-based long-term services and added by subsection (a)) (including such POINTS INCREASE IN FMAP.—The applicable supports described in paragraph (5)(B) of sec- services and supports that are provided number of percentage points are— tion 1905(y) of the Social Security Act (as under programs other the State Medicaid ‘‘(A) in the case of a balancing incentive added by subsection (a)). program), and that provides strategies for payment State subject to the target spend- (B) To make structural changes described beneficiaries receiving such services to maxi- ing percentage described in paragraph in paragraph (2)(E) of section 1905(y) to the mize their independence; (2)(B)(i), 5 percentage points; and State Medicaid program. (B) provide the support and coordination ‘‘(B) in the case of any other balancing in- (2) PRIORITY.—In awarding grants for the needed for a beneficiary in need of such serv- centive payment State, 2 percentage points. purpose described in paragraph (1)(A), the ices (and their family caregivers or rep- ‘‘(4) ELIGIBLE MEDICAL ASSISTANCE EXPENDI- Secretary of Health and Human Services resentative, if applicable) to design an indi- TURES.— shall give priority to States in which at least vidualized, self-directed, community-sup- ‘‘(A) IN GENERAL.—Subject to subparagraph 50 percent of the total expenditures for med- ported life; and (B), medical assistance described in this ical assistance under the State Medicaid pro- (C) improve coordination among all pro- paragraph is medical assistance for non-in- gram for fiscal year 2009 for long-term serv- viders of such services under federally and stitutionally-based long-term services and ices and supports, as defined by the Sec- State-funded programs in order to— supports described in paragraph (5)(B) that is retary for purposes of section 1905(y) of the (i) achieve a more consistent administra- provided during the period that begins on Oc- Social Security Act, are for non-institution- tion of policies and procedures across pro- tober 1, 2011, and ends on September 30, 2015. ally-based long-term services and supports grams in relation to the provision of such ‘‘(B) LIMITATION ON PAYMENTS.—In no case described in paragraph (5)(B) of such section. services; and may the aggregate amount of payments (3) COLLABORATION.—States awarded a (ii) oversee and monitor all service system made by the Secretary to balancing incen- grant for the purpose described in paragraph functions to assure— tive payment States under this subsection (1)(A) shall collaborate with other States, (I) coordination of, and effectiveness of, during the period described in subparagraph the National Governor’s Association, the Na- eligibility determinations and individual as- (A), or to a State to which paragraph (6) of tional Conference of State Legislatures, the sessments; and the first sentence of subsection (b) applies, National Association of State Medicaid Di- (II) development and service monitoring of exceed $3,000,000,000. rectors, the National Association of State a complaint system, a management system, ‘‘(5) LONG-TERM SERVICES AND SUPPORTS DE- Directors of Developmental Disabilities, and a system to qualify and monitor providers, FINED.—In this subsection, the term ‘long- other appropriate organizations in devel- and systems for role-setting and individual term services and supports’ has the meaning oping specifications for a common national budget determinations. given that term by Secretary and shall in- set of coding methodologies and databases. (3) MONITORING.—The Secretary of Health clude the following: (4) AUTHORIZATION OF APPROPRIATIONS.— and Human Services shall assess on an ongo- ‘‘(A) INSTITUTIONALLY-BASED LONG-TERM There are authorized to be appropriated to ing basis and based on measures specified by SERVICES AND SUPPORTS.—Services provided carry out this subsection, such sums as may the Agency for Healthcare Research and in an institution, including the following: be necessary for each of fiscal years 2010 Quality, the safety and quality of non-insti- ‘‘(i) Nursing facility services. through 2012. tutionally-based long-term services and sup- ‘‘(ii) Services in an intermediate care facil- (d) AUTHORITY FOR INDIVIDUALIZED BUDGETS ports described in paragraph (5)(B) of section ity for the mentally retarded described in UNDER WAIVERS TO PROVIDE HOME AND COM- 1905(y) of that Act provided to beneficiaries subsection (a)(15). MUNITY-BASED SERVICES.—In the case of any of such services and supports and the out- ‘‘(B) NON-INSTITUTIONALLY-BASED LONG- waiver to provide home and community- comes with regard to such beneficiaries’ ex- TERM SERVICES AND SUPPORTS.—Services not based services under subsection (c) or (d) of periences with such services. Such oversight section 1915 of the Social Security Act (42 provided in an institution, including the fol- shall include examination of— U.S.C. 1396n) or section 1115 of such Act (42 lowing: (A) the consistency, or lack thereof, of U.S.C. 1315), that is approved or renewed ‘‘(i) Home and community-based services such services in care plans as compared to after the date of enactment of this Act, the provided under subsection (c), (d), or (i), of those services that were actually delivered; Secretary of Health and Human Services section 1915 or under a waiver under section and 1115. shall permit a State to establish individual- ized budgets that identify the dollar value of (B) the length of time between when a ben- ‘‘(ii) Home health care services. eficiary was assessed for such services, when ‘‘(iii) Personal care services. the services and supports to be provided to an individual under the waiver. the care plan was completed, and when the ‘‘(iv) Services described in subsection beneficiary started receiving such services. (a)(26) (relating to PACE program services). (e) OVERSIGHT AND ASSESSMENT.— (4) GAO STUDY AND REPORT.—The Comp- ‘‘(v) Self-directed personal assistance serv- (1) DEVELOPMENT OF STANDARDIZED REPORT- ING REQUIREMENTS.— troller General of the United States shall ices described in section 1915(j)’’. study the longitudinal costs of Medicaid (b) ENHANCED FMAP FOR CERTAIN STATES TO (A) STANDARDIZATION OF DATA AND OUTCOME beneficiaries receiving long-term services MAINTAIN THE PROVISION OF HOME AND COM- MEASURES.—The Secretary of Health and and supports (as defined by the Secretary for MUNITY-BASED SERVICES.—The first sentence Human Services shall consult with States of section 1905(b) of such Act (42 U.S.C. and the National Governor’s Association, the purposes of section 1905(y)(5) of the Social 1396d(b)), as amended by subsection (a), is National Conference of State Legislatures, Security Act) over 5-year periods across var- amended the National Association of State Medicaid ious programs, including the non-institu- (1) by striking ‘‘, and (5)’’ and inserting ‘‘, Directors, the National Association of State tionally-based long-term services and sup- (5)’’; and Directors of Developmental Disabilities, and ports described in paragraph (5)(B) of such (2) by inserting before the period the fol- other appropriate organizations to develop section, PACE program services under sec- lowing: ‘‘, and (6) in the case of a State in specifications for standardization of— tion 1894 of the Social Security Act (42 which at least 50 percent of the total expend- (i) reporting of assessment data for long- U.S.C. 1395eee, 1396u–4), and services provided itures for medical assistance for fiscal year term services and supports (as defined by the under specialized MA plans for special needs 2009 for long-term services and supports (as Secretary for purposes of section 1905(y)(5) of individuals under part C of title XVIII of the defined by the Secretary for purposes of sub- the Social Security Act) for each population Social Security Act. section (y)) are for non-institutionally-based served, including information standardized Subtitle B—Strengthening the Medicaid long-term services and supports described in for purposes of certified EHR technology (as Home and Community-Based State Plan subsection (y)(5)(B), and which satisfies the defined in section 1903(t)(3)(A) of the Social Amendment Option requirements of subparagraphs (A) (other Security Act (42 U.S.C. 1396b(t)(3)(A)) and than clauses (iii), (v), and (vi)), (C), and (F) under other electronic medical records ini- SEC. 4201. REMOVAL OF BARRIERS TO PRO- of subsection (y)(2), and has implemented the tiatives; and VIDING HOME AND COMMUNITY- (ii) outcomes measures that track assess- BASED SERVICES UNDER STATE structural changes described in each clause PLAN AMENDMENT OPTION FOR IN- of subparagraph (E) of that subsection, the ment processes for long-term services and DIVIDUALS IN NEED. Federal medical assistance percentage shall supports (as so defined) for each such popu- be increased by 1 percentage point with re- lation that maintain and enhance individual (a) PARITY WITH INCOME ELIGIBILITY spect to medical assistance described in sub- function, independence, and stability. STANDARD FOR INSTITUTIONALIZED INDIVID- paragraph (A) of subsection (y)(4) (but sub- (2) ADMINISTRATION OF HOME AND COMMU- UALS.—Paragraph (1) of section 1915(i) of the ject to the limitation described in subpara- NITY SERVICES.—The Secretary of Health and Social Security Act (42 U.S.C. 1396n(i)) is graph (B) of that subsection)’’. Human Services shall promulgate regula- amended by striking ‘‘150 percent of the pov- (c) GRANTS TO SUPPORT STRUCTURAL tions to ensure that all States develop serv- erty line (as defined in section 2110(c)(5))’’ CHANGES.— ice systems that are designed to— and inserting ‘‘300 percent of the supple- (1) IN GENERAL.—The Secretary of Health (A) allocate resources for services in a mental security income benefit rate estab- and Human Services shall award grants to manner that is responsive to the changing lished by section 1611(b)(1)’’. States for the following purposes: needs and choices of beneficiaries receiving (b) ADDITIONAL STATE OPTIONS.—Section (A) To support the development of common non-institutionally-based long-term services 1915(i) of the Social Security Act (42 U.S.C. national set of coding methodologies and and supports described in paragraph (5)(B) of 1396n(i)) is amended by adding at the end the databases related to the provision of non-in- section 1905(y) of the Social Security Act (as following new paragraphs:

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‘‘(6) STATE OPTION TO PROVIDE HOME AND (d) OPTIONAL ELIGIBILITY CATEGORY TO SEC. 4202. MANDATORY APPLICATION OF SPOUS- COMMUNITY-BASED SERVICES TO INDIVIDUALS PROVIDE FULL MEDICAID BENEFITS TO INDI- AL IMPOVERISHMENT PROTECTIONS ELIGIBLE FOR SERVICES UNDER A WAIVER.— TO RECIPIENTS OF HOME AND COM- VIDUALS RECEIVING HOME AND COMMUNITY- MUNITY-BASED SERVICES. ‘‘(A) IN GENERAL.—A State that provides BASED SERVICES UNDER A STATE PLAN home and community-based services in ac- (a) IN GENERAL.—Section 1924(h)(1)(A) of AMENDMENT.— cordance with this subsection to individuals the Social Security Act (42 U.S.C. 1396r– (1) IN GENERAL.—Section 1902(a)(10)(A)(ii) who satisfy the needs-based criteria for the 5(h)(1)(A)) is amended by striking ‘‘(at the of the Social Security Act (42 U.S.C. receipt of such services established under option of the State) is described in section 1396a(a)(10)(A)(ii)) is amended— paragraph (1)(A) may, in addition to con- 1902(a)(10)(A)(ii)(VI)’’ and inserting ‘‘is eligi- (A) in subclause (XVIII), by striking ‘‘or’’ tinuing to provide such services to such indi- ble for medical assistance for home and com- viduals, elect to provide home and commu- at the end; munity-based services under subsection (c), nity-based services in accordance with the (B) in subclause (XIX), by adding ‘‘or’’ at (d), (e), or (i) of section 1915’’. requirements of this paragraph to individ- the end; and (b) EFFECTIVE DATE.—The amendment uals who are eligible for home and commu- (C) by inserting after subclause (XIX), the made by subsection (a) takes effect on Octo- nity-based services under a waiver approved following new subclause: ber 1, 2009. for the State under subsection (c), (d), or (e) ‘‘(XX) who are eligible for home and com- SEC. 4203. STATE AUTHORITY TO ELECT TO EX- or under section 1115 to provide such serv- munity-based services under needs-based cri- CLUDE UP TO 6 MONTHS OF AVER- ices, but only for those individuals whose in- teria established under paragraph (1)(A) of AGE COST OF NURSING FACILITY come does not exceed 300 percent of the sup- section 1915(i), or who are eligible for home SERVICES FROM ASSETS OR RE- SOURCES FOR PURPOSES OF ELIGI- plemental security income benefit rate es- and community-based services under para- graph (6) of such section, and who will re- BILITY FOR HOME AND COMMUNITY- tablished by section 1611(b)(1). BASED SERVICES. ceive home and community-based services ‘‘(B) APPLICATION OF SAME REQUIREMENTS (a) IN GENERAL.—Section 1917 of the Social pursuant to a State plan amendment under FOR INDIVIDUALS SATISFYING NEEDS-BASED Security Act (42 U.S.C. 1396p) is amended by such subsection;’’. CRITERIA.—Subject to subparagraph (C), a adding at the end the following new sub- State shall provide home and community- (2) CONFORMING AMENDMENTS.— section: (A) Section 1903(f)(4) of the Social Security based services to individuals under this para- ‘‘(i) STATE AUTHORITY TO EXCLUDE UP TO 6 graph in the same manner and subject to the Act (42 U.S.C. 1396b(f)(4)) is amended in the MONTHS OF AVERAGE COST OF NURSING FACIL- same requirements as apply under the other matter preceding subparagraph (A), by in- ITY SERVICES FROM HOME AND COMMUNITY- paragraphs of this subsection to the provi- serting ‘‘1902(a)(10)(A)(ii)(XX),’’ after BASED SERVICES ELIGIBILITY DETERMINA- sion of home and community-based services ‘‘1902(a)(10)(A)(ii)(XIX),’’. TIONS.—Nothing in this section or any other to individuals who satisfy the needs-based (B) Section 1905(a) of the Social Security provision of this title, shall be construed as criteria established under paragraph (1)(A). Act (42 U.S.C. 1396d(a)) is amended in the prohibiting a State from excluding from any ‘‘(C) AUTHORITY TO OFFER DIFFERENT TYPE, matter preceding paragraph (1)— determination of an individual’s assets or re- AMOUNT, DURATION, OR SCOPE OF HOME AND (i) in clause (xii), by striking ‘‘or’’ at the sources for purposes of determining the eligi- COMMUNITY-BASED SERVICES.—A State may end; bility of the individual for medical assist- offer home and community-based services to (ii) in clause (xiii), by adding ‘‘or’’ at the ance for home and community-based services individuals under this paragraph that differ end; and under subsection (c), (d), (e), or (i) of section in type, amount, duration, or scope from the (iii) by inserting after clause (xiii) the fol- 1915 (if a State imposes an limitation on as- home and community-based services offered lowing new clause: sets or resources for purposes of eligibility for individuals who satisfy the needs-based ‘‘(xiv) individuals who are eligible for for such services), an amount equal to the criteria established under paragraph (1)(A), home and community-based services under so long as such services are within the scope product of the amount applicable under sub- needs-based criteria established under para- section (c)(1)(E)(ii)(II) (at the time such de- of services described in paragraph (4)(B) of graph (1)(A) of section 1915(i), or who are eli- subsection (c) for which the Secretary has termination is made) and such number, not gible for home and community-based serv- to exceed 6, as the State may elect.’’. the authority to approve a waiver and do not ices under paragraph (6) of such section, and ULE OF CONSTRUCTION.—Nothing in the include room or board. (b) R who will receive home and community-based amendment made by subsection (a) shall be ‘‘(7) STATE OPTION TO OFFER HOME AND COM- services pursuant to a State plan amend- construed as affecting a State’s option to MUNITY-BASED SERVICES TO SPECIFIC, TAR- ment under such subsection,’’. apply less restrictive methodologies under GETED POPULATIONS.— (e) ELIMINATION OF OPTION TO LIMIT NUM- section 1902(r)(2) for purposes of determining ‘‘(A) IN GENERAL.—A State may elect in a State plan amendment under this subsection BER OF ELIGIBLE INDIVIDUALS OR LENGTH OF income and resource eligibility for individ- to target the provision of home and commu- PERIOD FOR GRANDFATHERED INDIVIDUALS IF uals specified in that section. nity-based services under this subsection to ELIGIBILITY CRITERIA IS MODIFIED.—Para- Subtitle C—Coordination of Home and specific populations and to differ the type, graph (1) of section 1915(i) of such Act (42 Community-Based Waivers amount, duration, or scope of such services U.S.C. 1396n(i)) is amended— SEC. 4301. STREAMLINED PROCESS FOR COM- to such specific populations. (1) by striking subparagraph (C) and insert- BINED WAIVERS UNDER SUB- ‘‘(B) 5-YEAR TERM.— ing the following: SECTIONS (B) AND (C) OF SECTION 1915 . ‘‘(i) IN GENERAL.—An election by a State ‘‘(C) PROJECTION OF NUMBER OF INDIVIDUALS under this paragraph shall be for a period of TO BE PROVIDED HOME AND COMMUNITY-BASED Not later than 90 days after the date of en- 5 years. SERVICES.—The State submits to the Sec- actment of this Act, the Secretary of Health ‘‘(ii) PHASE-IN OF SERVICES AND ELIGIBILITY retary, in such form and manner, and upon and Human Services shall create a template PERMITTED DURING INITIAL 5-YEAR PERIOD.—A such frequency as the Secretary shall speci- to streamline the process of approving, mon- State making an election under this para- fy, the projected number of individuals to be itoring, evaluating, and renewing State pro- graph may, during the first 5-year period for provided home and community-based serv- posals to conduct a program that combines which the election is made, phase-in the en- ices.’’; and the waiver authority provided under sub- rollment of eligible individuals, or the provi- (2) in subclause (II) of subparagraph (D)(ii), sections (b) and (c) of section 1915 of the So- sion of services to such individuals, or both, by striking ‘‘to be eligible for such services cial Security Act (42 U.S.C. 1396n) into a sin- so long as all eligible individuals in the for a period of at least 12 months beginning gle program under which the State provides State for such services are enrolled, and all on the date the individual first received med- home and community-based services to indi- such services are provided, before the end of ical assistance for such services’’ and insert- viduals based on individualized assessments the initial 5-year period. ing ‘‘to continue to be eligible for such serv- and care plans (in this section referred to as ‘‘(C) RENEWAL.—An election by a State ices after the effective date of the modifica- the ‘‘combined waivers program’’). The tem- under this paragraph may be renewed for ad- tion and until such time as the individual no plate required under this section shall pro- ditional 5-year terms if the Secretary deter- longer meets the standard for receipt of such vide for the following: mines, prior to beginning of each such re- services under such pre-modified criteria’’. (1) A standard 5-year term for conducting a newal period, that the State has— combined waivers program. (f) ELIMINATION OF OPTION TO WAIVE ‘‘(i) adhered to the requirements of this (2) Harmonization of any requirements subsection and paragraph in providing serv- STATEWIDENESS; ADDITION OF OPTION TO under subsections (b) and (c) of such section ices under such an election; and WAIVE COMPARABILITY.—Paragraph (3) of sec- that overlap. ‘‘(ii) met the State’s objectives with re- tion 1915(i) of such Act (42 U.S.C. 1396n(3)) is (3) An option for States to elect, during the spect to quality improvement and bene- amended by striking ‘‘1902(a)(1) (relating to first 5-year term for which the combined ficiary outcomes.’’. statewideness)’’ and inserting ‘‘1902(a)(10)(B) waivers program is approved to phase-in the (c) REMOVAL OF LIMITATION ON SCOPE OF (relating to comparability)’’. enrollment of eligible individuals, or the pro- SERVICES.—Paragraph (1) of section 1915(i) of vision of services to such individuals, or the Social Security Act (42 U.S.C. 1396n(i)), (g) EFFECTIVE DATE.—The amendments both, so long as all eligible individuals in the as amended by subsection (a), is amended by made by this section take effect on the first State for such services are enrolled, and all striking ‘‘or such other services requested by day of the first fiscal year quarter that be- such services are provided, before the end of the State as the Secretary may approve’’. gins after the date of enactment of this Act. the initial 5-year period.

VerDate Nov 24 2008 23:41 Jun 15, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.027 S15JNPT1 rfrederick on PROD1PC67 with SENATE S6604 CONGRESSIONAL RECORD — SENATE June 15, 2009 (4) Examination by the Secretary, prior to crease in the Consumer Price Index for All demographic data satisfactory to the Sec- each renewal of a combined waivers program, Urban Consumers, between October of the retary, on individuals who have a sensory of how well the State has— fiscal year preceding the subsequent fiscal disability, physical disability, mental dis- (A) adhered to the combined waivers pro- year and October, 2007. ability, self-care disability, go-outside-home gram requirements; and ‘‘(B) ALLOTMENTS.—The Secretary shall disability, or employment disability. (B) performed in meeting the State’s objec- use the funds reserved under subparagraph ‘‘(3) ELIGIBILITY.—In addition to the States tives for the combined waivers program, in- (A) to make allotments to— determined by the Secretary to be eligible cluding with respect to quality improvement ‘‘(i) Indian tribes; and for a grant under this section, a State that and beneficiary outcomes. ‘‘(ii) Guam, American Samoa, the Com- receives a Federal grant for an aging and dis- TITLE V—HOME AND COMMUNITY-BASED monwealth of the Northern Mariana Islands, ability resource center is eligible for a grant SERVICES PROVISIONS the Commonwealth of Puerto Rico, and the under this section. United States Virgin Islands. ‘‘(4) DEFINITION.—In this subsection, the SEC. 5001. SHORT TITLE. ‘‘(2) ALLOTMENTS TO STATES.— This Act may be cited as the ‘‘Project 2020: term ‘State’ shall not include any jurisdic- ‘‘(A) IN GENERAL.— Building on the Promise of Home and Com- tion described in paragraph (1)(B)(ii). ‘‘(i) AMOUNT.—The Secretary shall allot to ‘‘(d) APPLICATIONS.— munity-Based Services Act of 2009’’. each eligible State for a fiscal year the sum ‘‘(1) IN GENERAL.—To be eligible to receive SEC. 5002. LONG-TERM SERVICES AND SUPPORTS. of the fixed amount determined under sub- an initial grant under this section, a State The Social Security Act (42 U.S.C. 301 et paragraph (B), and the allocation determined agency shall, after consulting and coordi- seq.) is amended by adding at the end the fol- under subparagraph (C), for the State. nating with consumers, other stakeholders, lowing: ‘‘(ii) SUBGRANTS TO AREA AGENCIES ON and area agencies on aging in the State, if ‘‘TITLE XXII—LONG-TERM SERVICES AND AGING.— any, submit an application to the Secretary SUPPORTS ‘‘(I) IN GENERAL.—Each State agency re- at such time, in such manner, and con- ceiving an allotment under clause (i) shall ‘‘SEC. 2201. DEFINITIONS. taining the following information: use such allotment to make subgrants to ‘‘Except as otherwise provided, the terms ‘‘(A) Evidence of substantial involvement used in this title have the meanings given area agencies on aging that can demonstrate performance capacity to carry out activities of stakeholders and agencies in the State the terms in section 102 of the Older Ameri- that are administering programs that will be cans Act of 1965 (42 U.S.C. 3002). described in this section whether such area agency on aging carries out the activities di- the subject of referrals. ‘‘Subtitle A—Single-Entry Point System rectly or through contract with an aging ‘‘(B) The applicant shall establish or des- Program network or disability entity. ignate a collaborative board to ensure mean- ingful involvement of stakeholders in the de- ‘‘SEC. 2211. STATE SINGLE-ENTRY POINT SYS- ‘‘(II) SUBGRANTS TO OTHER ENTITIES.—A TEMS. State agency may make subgrants described velopment, planning, implementation, and ‘‘(a) DEFINITIONS.—In this title: in subclause (I) to other qualified aging net- evaluation of a single-entry point system ‘‘(1) LONG-TERM SERVICES AND SUPPORTS.— work or disability entities only if the area consistent with the following: The term ‘long-term services and supports’ agency on aging chooses not to apply for a ‘‘(i) The collaborative board shall be com- means any service (including a disease pre- subgrant or is not able to demonstrate per- posed of— vention and health promotion service, an in- formance capacity to carry out the activities ‘‘(I) individuals representing all popu- home service, or a case management serv- described in this section. lations served by the applicant’s single-entry ice), care, or item (including an assistive de- ‘‘(III) SUBGRANTEE RECIPIENT SUBGRANTS.— point system, including older adults and in- vice) that is— An administrator of a single-entry point sys- dividuals from diverse backgrounds who ‘‘(A) intended to assist individuals in cop- tem established by a State receiving an al- have a disability or a chronic condition re- ing with, and, to the extent practicable, lotment under clause (i) shall make any nec- quiring long-term support; compensating for, functional impairment in essary subgrants to key partners involved in ‘‘(II) a representative from the local center carrying out activities of daily living; developing, planning, or implementing the for independent living (as defined in section ‘‘(B) furnished at home, in a community single-entry point system. Such partners 702 of the Rehabilitation Act of 1973 (29 care setting, including a small community may include centers for independent living U.S.C. 796a)), and representatives from other care setting (as defined in section 1929(g)(1)) (as defined in section 702 of the Rehabilita- organizations that provide services to the in- and a large community care setting (as de- tion Act of 1973 (29 U.S.C. 796a)). dividuals served by the system and those fined in section 1929(h)(1)), or in a long-term ‘‘(B) FIXED AMOUNTS FOR STATES.— who advocate on behalf of such individuals; care facility; and ‘‘(i) RESERVATION.—The Secretary shall re- and ‘‘(C) not furnished to diagnose, treat, or serve from the funds made available under ‘‘(III) representatives of the government cure a medical disease or condition. subsection (g)— and non-governmental agencies that are af- ‘‘(2) SINGLE-ENTRY POINT SYSTEM.—The ‘‘(I) for fiscal year 2010, $15,759,000; and fected by the system. term ‘single-entry point system’ means any ‘‘(II) for each subsequent fiscal year, ‘‘(ii) The applicant shall work in conjunc- coordinated system for providing— $15,759,000, increased by the percentage in- tion with the collaborative board on— ‘‘(A) comprehensive information to con- crease in the Consumer Price Index for All ‘‘(I) the design and operations of the sin- sumers and caregivers on the full range of Urban Consumers, between October of the gle-entry point system; available public and private long-term serv- fiscal year preceding the subsequent fiscal ‘‘(II) stakeholder input; and ices and supports, options, service providers, year and October, 2007. ‘‘(III) other program and policy develop- and resources, including information on the ‘‘(ii) FIXED AMOUNTS.—The Secretary shall ment issues related to the single-entry point availability of integrated long-term care, in- use the funds reserved under clause (i) to system. cluding consumer directed care options; provide equal fixed amounts to the States. ‘‘(iii) An advisory board established under ‘‘(B) personal counseling to assist individ- ‘‘(C) ALLOCATION FOR STATES.—The Sec- the Real Choice Systems Change Program or uals in assessing their existing or antici- retary shall allocate to each eligible State for an existing single-entry point system pated long-term care needs, and developing for a fiscal year an amount that bears the may be used to carry out the activities of a and implementing a plan for long-term care same relationship to the funds made avail- collaborative board under this subparagraph designed to meet their specific needs and cir- able under subsection (g) (and not reserved if such advisory board meets the require- cumstances; and under paragraph (1) or subparagraph (B)) for ments under clause (i). ‘‘(C) consumers and caregivers access to that fiscal year as the number of persons ‘‘(C) The applicant’s plan for providing— the range of publicly supported and privately who are either older individuals or individ- ‘‘(i) comprehensive information on the full supported long-term services and supports uals with disabilities in that State bears to range of available public and private long- that are available. the number of such persons or individuals in term services and supports options, pro- ‘‘(b) PROGRAM.—The Secretary shall estab- all the States. viders, and resources, including building lish and carry out a single-entry point sys- ‘‘(D) DETERMINATION OF NUMBER OF PER- awareness of the single-entry point system tem program. In carrying out the program, SONS.— as a resource; the Secretary shall make grants to States, ‘‘(i) OLDER INDIVIDUALS.—The number of ‘‘(ii) objective, neutral, and personal infor- from allotments described in subsection (c), older individuals in any State and in all mation, counseling, and assistance to indi- to pay for the Federal share of the cost of es- States shall be determined by the Secretary viduals and their caregivers in assessing tablishing State single-entry point systems. on the basis of the most recent data avail- their existing or anticipated long-term care ‘‘(c) ALLOTMENTS.— able from the Bureau of the Census, and needs, and developing and implementing a ‘‘(1) ALLOTMENTS TO INDIAN TRIBES AND TER- other reliable demographic data satisfactory plan for long-term care to meet their needs; RITORIES.— to the Secretary. ‘‘(iii) for eligibility screening and referral ‘‘(A) RESERVATION.—The Secretary shall ‘‘(ii) INDIVIDUALS WITH DISABILITIES.—The for services; reserve from the funds made available under number of individuals with disabilities in ‘‘(iv) for stakeholder input; subsection (g)— any State and in all States shall be deter- ‘‘(v) for a management information sys- ‘‘(i) for fiscal year 2010, $1,962,456; and mined by the Secretary on the basis of the tem; and ‘‘(ii) for each subsequent fiscal year, most recent data available from the Amer- ‘‘(vi) for an evaluation of the effectiveness $1,962,456, increased by the percentage in- ican Community Survey, and other reliable of the single-entry point system.

VerDate Nov 24 2008 23:41 Jun 15, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.027 S15JNPT1 rfrederick on PROD1PC67 with SENATE June 15, 2009 CONGRESSIONAL RECORD — SENATE S6605 ‘‘(D) A specification of the period of the assistance, or services to individuals with States shall be determined by the Secretary grant request, which shall include not less disabilities. on the basis of the most recent data avail- than 3 consecutive fiscal years in the 5-fis- ‘‘(B) OTHER ENTITIES.—To the extent prac- able from the Bureau of the Census, and cal-year-period beginning with fiscal year ticable, the State single-entry point system other reliable demographic data satisfactory 2010. is encouraged to enter into collaborative ar- to the Secretary. ‘‘(E) Such other information as the Sec- rangements with aging and disability pro- ‘‘(B) SUBGRANTS.— retary determines appropriate. grams, service providers, agencies, the direct ‘‘(i) IN GENERAL.—Each State agency that ‘‘(2) APPLICATION FOR CONTINUATION.— care work force, and other entities in order receives an amount under subparagraph (A) ‘‘(A) IN GENERAL.—A State that receives an to ensure that information about such serv- shall award subgrants to area agencies on initial grant under this section shall apply, ices may be made available to individuals ac- aging that can demonstrate performance ca- after consulting and coordinating with the cessing the State single-entry point system. pacity to carry out activities under this sec- area agencies on aging, for a continuation of ‘‘(f) FEDERAL SHARE.— tion whether such area agency on aging car- the initial grant, which includes a descrip- ‘‘(1) IN GENERAL.—The Federal share of the ries out the activities directly or through tion of any significant changes to the infor- cost described in subsection (b) shall be 75 contract with an aging network entity. mation provided in the initial application percent. ‘‘(ii) SUBGRANTS TO OTHER ENTITIES.—A and such data concerning performance meas- ‘‘(2) NON-FEDERAL SHARE.—The State may State agency may make subgrants described ures related to the requirements in the ini- provide the non-Federal share of the cost in in clause (i) to other qualified aging network tial application as the Secretary shall re- cash or in-kind, fairly evaluated, including entities only if the area agency on aging quire. plant, equipment, or services. The State may chooses not to apply for a subgrant or is not ‘‘(B) EFFECT.—The requirement under sub- provide the non-Federal share from State, able to demonstrate performance capacity to paragraph (A) shall be in effect through fis- local, or private sources. carry out the activities described in this sec- UNDING.— cal year 2020. ‘‘(g) F tion. ‘‘(1) IN GENERAL.—The Secretary shall use ‘‘(e) USE OF FUNDS.— ‘‘(3) MINIMUM ALLOTMENT.—No State shall amounts made available under paragraph (2) receive an allotment under this section for a ‘‘(1) IN GENERAL.—A State that receives a to make the grants described in subsection grant under this section shall use the funds fiscal year that is less than 0.5 percent of the (b). funds made available to carry out this sec- made available through the grant to— ‘‘(2) FUNDING.—There are authorized to be ‘‘(A) establish a State single-entry point tion for that fiscal year and not reserved appropriated to carry out this section— under paragraph (1). system, to enable older individuals and indi- ‘‘(A) $30,900,000 for fiscal year 2010; viduals with disabilities and their caregivers ‘‘(4) ELIGIBILITY.—In addition to the States ‘‘(B) $38,264,000 for fiscal year 2011; determined by the Secretary to be eligible to obtain resources concerning long-term ‘‘(C) $48,410,000 for fiscal year 2012; for a grant under this section, a State that services and supports options; and ‘‘(D) $53,560,000 for fiscal year 2013; receives a Federal grant for evidence-based ‘‘(B) provide information on, access to, and ‘‘(E) $63,860,000 for fiscal year 2014; disease prevention is eligible for a grant assistance regarding long-term services and ‘‘(F) $69,010,000 for fiscal year 2015; supports. under this section. ‘‘(G) $74,160,000 for fiscal year 2016; ‘‘(c) APPLICATIONS.—To be eligible to re- ‘‘(2) SERVICES.—In particular, the State ‘‘(H) $79,310,000 for fiscal year 2017; ceive a grant under this section, a State single-entry point system shall be the refer- ‘‘(I) $84,460,000 for fiscal year 2018; agency shall, after consulting and coordi- ral source to— ‘‘(J) $89,610,000 for fiscal year 2019; and nating with consumers, other stakeholders, ‘‘(A) provide information about long-term ‘‘(K) $95,790,000 for fiscal year 2020. and area agencies on aging in the State, if care planning and available long-term serv- ‘‘(3) AVAILABILITY.—Funds appropriated any, submit an application to the Secretary ices and supports through a variety of media under paragraph (2) shall remain available at such time, in such manner, and con- (such as websites, seminars, and pamphlets); until expended. taining the following information: ‘‘(B) provide assistance with making deci- ‘‘Subtitle B—Healthy Living Program ‘‘(1) A description of the evidence-based sions about long-term services and supports disease prevention and health promotion and determining the most appropriate serv- ‘‘SEC. 2221. EVIDENCE-BASED DISEASE PREVEN- TION AND HEALTH PROMOTION program. ices through options counseling, future fi- PROGRAMS. ‘‘(2) Sufficient information to demonstrate nancial planning, and case management; ‘‘(a) PROGRAM.—The Secretary shall estab- that the infrastructure exists to support the ‘‘(C) provide streamlined access to and as- lish and carry out a healthy living program. program. sistance with applying for federally funded In carrying out the program, the Secretary ‘‘(3) A specification of the period of the long-term care benefits (including medical shall make grants to State agencies, from al- grant request, which shall include not less assistance under title XIX, Medicare skilled lotments described in subsection (b), to pay than 3 consecutive fiscal years in the 5 fiscal nursing facility services, services under title for the Federal share of the cost of carrying year period beginning with fiscal year 2010. III of the Older Americans Act of 1965 (42 out evidence-based disease prevention and ‘‘(4) Such other information as the Sec- U.S.C. 3021 et seq.), the services of Aging and health promotion programs. retary determines appropriate. Disability Resource Centers), and State- ‘‘(b) ALLOTMENTS.— ‘‘(d) APPLICATION FOR CONTINUATION.— funded and privately funded long-term care ‘‘(1) ALLOTMENTS TO INDIAN TRIBES AND TER- ‘‘(1) IN GENERAL.—A State that receives an benefits, through efforts to shorten and sim- RITORIES.— initial grant under this section shall apply, plify the eligibility processes for older indi- ‘‘(A) RESERVATION.—The Secretary shall after consulting and coordinating with the viduals and individuals with disabilities; reserve from the funds made available under area agencies on aging, for a continuation of ‘‘(D) provide referrals to the State evi- subsection (g)— the initial grant, which application shall in- dence-based disease prevention and health ‘‘(i) for fiscal year 2010, $1,500,952; and clude— promotion programs under subtitle B; ‘‘(ii) for each subsequent fiscal year, ‘‘(A) a description of any significant ‘‘(E) allocate the State funds available $1,500,952, increased by the percentage in- changes to the information provided in the under subtitle C and carry out the State en- crease in the Consumer Price Index for All initial application; and hanced nursing home diversion program Urban Consumers, between October of the ‘‘(B) such data concerning performance under subtitle C; and fiscal year preceding the subsequent fiscal measures related to the requirements in the ‘‘(F) and provide information about, other year and October, 2007. initial application as the Secretary shall re- services available in the State that may as- ‘‘(B) ALLOTMENTS.—The Secretary shall quire. sist an individual to remain in the commu- use the reserved funds under subparagraph ‘‘(2) EFFECT.—The requirement under para- nity, including the Medicare and Medicaid (A) to make allotments to— graph (1) shall be in effect through fiscal programs, the State health insurance assist- ‘‘(i) Indian tribes; and year 2020. ance program, the supplemental nutrition ‘‘(ii) Guam, American Samoa, the Com- ‘‘(e) USE OF FUNDS.—A State that receives assistance program established under the monwealth of the Northern Mariana Islands, a grant under this section shall use the funds Food and Nutrition Act of 2008 (7 U.S.C. 2011 the Commonwealth of Puerto Rico, and the made available through the grant to carry et seq.), and the Low-Income Home Energy United States Virgin Islands. out— Assistance Program under the Low-Income ‘‘(2) IN GENERAL.— ‘‘(1) an evidence-based chronic disease self- Home Energy Assistance Act of 1981 (42 ‘‘(A) AMOUNTS.— management program; U.S.C. 8621 et seq.), and such other services, ‘‘(i) IN GENERAL.—Except as provided in ‘‘(2) an evidence-based falls prevention pro- as the State shall include. paragraph (3), the Secretary shall allot to gram; or ‘‘(3) COLLABORATIVE ARRANGEMENTS.— each eligible State for a fiscal year an ‘‘(3) another evidence-based disease preven- ‘‘(A) CENTER FOR INDEPENDENT LIVING.— amount that bears the same relationship to tion and health promotion program. Each entity receiving an allotment under the funds made available under this section ‘‘(f) FEDERAL SHARE.— subsection (c) shall involve in the planning and not reserved under paragraph (1) for that ‘‘(1) IN GENERAL.—The Federal share of the and implementation of the single-entry fiscal year as the number of older individuals cost described in subsection (a) shall be 85 point system the local center for inde- in the State bears to the number of older in- percent. pendent living (as defined in section 702 of dividuals in all the States. ‘‘(2) NON-FEDERAL SHARE.—The State may the Rehabilitation Act of 1973 (29 U.S.C. ‘‘(ii) OLDER INDIVIDUALS.—The number of provide the non-Federal share of the cost in 796a)), which provides information, referral, older individuals in any State and in all cash or in-kind, fairly evaluated, including

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plant, equipment, or services. The State may hort) for a fiscal year an amount that bears ‘‘(C) CARE PLAN.—The State shall provide provide the non-Federal share from State, the same relationship to the funds made for development of a care plan for each eligi- local, or private sources. available under subsection (i) for that fiscal ble individual served, in consultation with ‘‘(g) FUNDING.— year as the number of low-income seniors in the eligible individual and their caregiver, as ‘‘(1) IN GENERAL.—The Secretary shall use the State bears to the number of low-income appropriate. In developing the care plan, the amounts made available under paragraph (2) seniors within States in the applicable co- State shall explain the option of consumer to make the grants described in subsection hort for that fiscal year. directed care and assist an individual, who so (a). ‘‘(B) LOW-INCOME SENIORS.—The number of requests, with developing a consumer-di- ‘‘(2) FUNDING.—There are authorized to be low-income seniors in any State and in all rected care plan that shall include arranging appropriated to carry out this section— States shall be determined by the Secretary for support services and funding. Such assist- ‘‘(A) $36,050,000 for fiscal year 2010; on the basis of the most recent data avail- ance shall include providing information and ‘‘(B) $41,200,000 for fiscal year 2011; able from the American Community Survey, outreach to individuals in the hospital, in a ‘‘(C) $56,650,000 for fiscal year 2012; and other reliable demographic data satis- nursing home for post-acute care, or under- ‘‘(D) $77,250,000 for fiscal year 2013; factory to the Secretary. going changes in their health status or care- ‘‘(E) $92,700,000 for fiscal year 2014; ‘‘(2) ELIGIBILITY.—In addition to the States giver situation. ‘‘(F) $103,000,000 for fiscal year 2015; determined by the Secretary to be eligible ‘‘(g) ELIGIBLE INDIVIDUALS.—In this sec- ‘‘(G) $118,450,000 for fiscal year 2016; for a grant under this section, a State that tion, the term ‘eligible individual’ means an ‘‘(H) $133,900,000 for fiscal year 2017; receives a Federal grant for a nursing home individual— ‘‘(I) $149,350,000 for fiscal year 2018; diversion is eligible for a grant under this ‘‘(1) who has been determined by the State ‘‘(J) $157,590,000 for fiscal year 2019; and section. to be at high functional risk of nursing home ‘‘(K) $173,040,000 for fiscal year 2020. ‘‘(d) APPLICATIONS.—To be eligible to re- placement, as defined by the State agency in ‘‘(3) AVAILABILITY.—Funds appropriated ceive a grant under this section, a State the State agency’s grant application; under paragraph (2) shall remain available agency shall, after consulting and coordi- ‘‘(2) who is not eligible for medical assist- until expended. nating with consumers, other stakeholders, ance under title XIX; and ‘‘Subtitle C—Diversion Programs and area agencies on aging in the State, if ‘‘(3) who meets the income and asset eligi- ‘‘SEC. 2231. ENHANCED NURSING HOME DIVER- any, submit an application to the Secretary bility requirements established by the State SION PROGRAMS. at such time, in such manner, and con- and included in such State’s grant applica- ‘‘(a) DEFINITION.—In this section: taining such information as the Secretary tion for approval by the Secretary. ‘‘(1) LOW-INCOME SENIOR.—The term ‘low- may require, including a specification of the ‘‘(h) FEDERAL SHARE.— period of the grant request, which shall in- income senior’ means an individual who— ‘‘(1) IN GENERAL.—The Federal share of the ‘‘(A) is age 75 or older; and clude not less than 3 consecutive fiscal years cost described in subsection (b) shall be, for ‘‘(B) is from a household with a household in the 5 fiscal year period beginning with the a State and for a fiscal year, the sum of— fiscal year prior to the year of application. income that is not less than 150 percent, and ‘‘(A) the Federal medical assistance per- ‘‘(e) APPLICATION FOR CONTINUATION.— not more than 300 percent, of the poverty centage applicable to the State for the year ‘‘(1) IN GENERAL.—A State that receives an line. under section 1905(b); and initial grant under this section shall apply, ‘‘(2) NURSING HOME.—The term ‘nursing ‘‘(B) 5 percentage points. after consulting and coordinating with the home’ means— ‘‘(2) NON-FEDERAL SHARE.—The State may area agencies on aging, for a continuation of ‘‘(A) a skilled nursing facility, as defined provide the non-Federal share of the cost in the initial grant, which application shall in- in section 1819(a); or cash or in-kind, fairly evaluated, including clude— ‘‘(B) a nursing facility, as defined in sec- plant, equipment, or services. The State may ‘‘(A) a description of any significant tion 1919(a). provide the non-Federal share from State, changes to the information provided in the ‘‘(b) PROGRAM.— local, or private sources. initial application; and ‘‘(1) IN GENERAL.—The Secretary shall es- ‘‘(i) FUNDING.— ‘‘(B) such data concerning performance tablish and carry out a diversion program. In ‘‘(1) IN GENERAL.—The Secretary shall use measures related to the requirements in the carrying out the program, the Secretary amounts made available under paragraph (2) initial application as the Secretary shall re- shall make grants to States, from allotments to make the grants described in subsection quire. described in subsection (c), to pay for the (b). Federal share of the cost of carrying out en- ‘‘(2) EFFECT.—The requirement under para- ‘‘(2) FUNDING.—There are authorized to be graph (1) shall be in effect through fiscal hanced nursing home diversion programs. appropriated to carry out this section— year 2020. ‘‘(2) COHORTS.—The Secretary shall make ‘‘(A) $111,825,137 for fiscal year 2010; ‘‘(f) USE OF FUNDS.— the grants to— ‘‘(B) $337,525,753 for fiscal year 2011; ‘‘(A) a first year cohort consisting of one ‘‘(1) IN GENERAL.—A State that receives a ‘‘(C) $650,098,349 for fiscal year 2012; third of the States, for fiscal year 2010; grant under this section shall carry out the ‘‘(D) $865,801,631 for fiscal year 2013; ‘‘(B) a second year cohort consisting of the following: ‘‘(E) $988,504,887 for fiscal year 2014; cohort described in subparagraph (A) and an ‘‘(A) Use the funds made available through ‘‘(F) $1,124,547,250 for fiscal year 2015; additional one third of the States, for fiscal the grant to carry out an enhanced nursing ‘‘(G) $1,276,750,865 for fiscal year 2016; year 2011; and home diversion program that enables eligible ‘‘(H) $1,364,488,901 for fiscal year 2017; ‘‘(C) a third year cohort consisting of all individuals to avoid admission into nursing ‘‘(I) $1,466,769,052 for fiscal year 2018; the eligible States, for fiscal year 2012 and homes by enabling the individuals to obtain ‘‘(J) $1,712,755,702 for fiscal year 2019; and each subsequent fiscal year. alternative long-term services and supports ‘‘(K) $1,712,755,702 for fiscal year 2020. ‘‘(3) READINESS.—In determining whether and remain in their communities. ‘‘(3) AVAILABILITY.—Funds appropriated to include an eligible State in the first year, ‘‘(B) Award subgrants to area agencies on under paragraph (2) shall remain available second year, or third year and subsequent aging that can demonstrate performance ca- until expended. year cohort, the Secretary shall consider the pacity to carry out activities under this sec- readiness of the State to carry out an en- tion whether such area agency on aging car- ‘‘Subtitle D—Administration, Evaluation, and hanced nursing home diversion program ries out the activities directly or through Technical Assistance under this section. Readiness shall be deter- contract with an aging network entity. A ‘‘SEC. 2241. ADMINISTRATION, EVALUATION, AND mined based on a consideration of the fol- State may make subgrants to other qualified TECHNICAL ASSISTANCE. lowing factors: aging network entities only if the area agen- ‘‘(a) ADMINISTRATION AND EXPENSES.—For ‘‘(A) Availability of a comprehensive array cy on aging chooses not to apply for a purposes of carrying out this title, there are of home- and community-based services. subgrant or is not able to demonstrate per- authorized to be appropriated for adminis- ‘‘(B) Sufficient home- and community- formance capacity to carry out the activities tration and expenses— based services provider capacity. described in this section. ‘‘(1) of the area agencies on aging— ‘‘(C) Availability of housing. ‘‘(2) CASE MANAGEMENT.— ‘‘(A) $16,825,895 for fiscal year 2010; ‘‘(D) Availability of supports for consumer- ‘‘(A) IN GENERAL.—The State, through the ‘‘(B) $39,246,141 for fiscal year 2011; directed services, including whether a fiscal State single-entry point system established ‘‘(C) $50,766,948 for fiscal year 2012; intermediary is in place. under subtitle A, shall provide for case man- ‘‘(D) $66,999,101 for fiscal year 2013; ‘‘(E) Ability to perform timely eligibility agement services to the eligible individuals. ‘‘(E) $76,979,152 for fiscal year 2014; determinations and assessment for services. ‘‘(B) USE OF EXISTING SERVICES.—In car- ‘‘(F) $87,163,513 for fiscal year 2015; ‘‘(F) Existence of a quality assessment and rying out subparagraph (A), the State agen- ‘‘(G) $98,780,562 for fiscal year 2016; improvement program for home and commu- cy or area agency on aging may utilize exist- ‘‘(H) $106,063,792 for fiscal year 2017; nity-based services. ing case management services delivery net- ‘‘(I) $114,324,642 for fiscal year 2018; ‘‘(G) Such other factors as the Secretary works if— ‘‘(J) $123,312,948 for fiscal year 2019; and determines appropriate. ‘‘(i) the networks have adequate safeguards ‘‘(K) $133,215,845 for fiscal year 2020; ‘‘(c) ALLOTMENTS.— against potential conflicts of interest; and ‘‘(2) of the State agencies— ‘‘(1) IN GENERAL.— ‘‘(ii) the State agency or area agency on ‘‘(A) $8,412,948 for fiscal year 2010; ‘‘(A) AMOUNT.—The Secretary shall allot to aging includes a description of such safe- ‘‘(B) $19,623,071 for fiscal year 2011; an eligible State (within the applicable co- guards in the grant application. ‘‘(C) $25,383,474 for fiscal year 2012;

VerDate Nov 24 2008 23:41 Jun 15, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.028 S15JNPT1 rfrederick on PROD1PC67 with SENATE June 15, 2009 CONGRESSIONAL RECORD — SENATE S6607 ‘‘(D) $33,499,551 for fiscal year 2013; control system that is vital to serving Mr. President, I ask unanimous con- ‘‘(E) $38,489,576 for fiscal year 2014; the agricultural and flood protection sent that the text of the bill be printed ‘‘(F) $43,581,756 for fiscal year 2015; needs in Southwestern Colorado. in the RECORD. ‘‘(G) $49,390,281 for fiscal year 2016; There being no objection, the text of ‘‘(H) $53,031,896 for fiscal year 2017; More than 100 years ago, both Indian ‘‘(I) $57,162,321 for fiscal year 2018; and non-Indian communities utilized the bill was ordered to be printed in ‘‘(J) $61,656,474 for fiscal year 2019; and the water from the Los Pinos or Pine the RECORD, as follows: ‘‘(K) $66,607,923 for fiscal year 2020; and River to irrigate areas of Southwest S. 1264 ‘‘(3) of the Administration— Colorado. As the population and local Be it enacted by the Senate and House of Rep- ‘‘(A) $2,103,237 for fiscal year 2010; agriculture grew, so did the need for resentatives of the United States of America in ‘‘(B) $4,905,768 for fiscal year 2011; more advanced infrastructure. In 1936, Congress assembled, ‘‘(C) $6,345,868 for fiscal year 2012; the Pine River Indian Irrigation SECTION 1. SHORT TITLE. ‘‘(D) $8,374,888 for fiscal year 2013; ‘‘(E) $9,622,394 for fiscal year 2014; Project was authorized by Congress in This Act may be cited as the ‘‘Pine River ‘‘(F) $10,895,439 for fiscal year 2015; the Department of Interior Appropria- Indian Irrigation Project Act of 2009’’. ‘‘(G) $12,347,570 for fiscal year 2016; tion Act, and in 1937 the project grew SEC. 2. FINDINGS; PURPOSE. ‘‘(H) $13,257,974 for fiscal year 2017; the system’s capacity to provide water (a) FINDINGS.—Congress finds that— ‘‘(I) $14,290,580 for fiscal year 2018; for over 63,000 acres of land. The devel- (1) drought, population increases, and envi- ‘‘(J) $15,414,118 for fiscal year 2019; and opment of this project provided much ronmental needs are exacerbating water sup- ‘‘(K) $16,651,981 for fiscal year 2020. needed protection for crops and com- ply issues across the western United States, ‘‘(b) EVALUATION AND TECHNICAL ASSIST- including on the Southern Ute Indian Res- ANCE.— munities from spring floods and sum- ervation in southwestern Colorado; ‘‘(1) CONDITIONS TO RECEIPT OF GRANT.—In mer drought. (2)(A) a report of the Government Account- awarding grants under this title, the Sec- Today, similar forces of population ability Office dated 2006 identified signifi- retary shall condition receipt of the grant growth and a steady demand for irri- cant issues with the Pine River Indian Irri- for the second and subsequent grant years on gated water are exacerbated by aging gation Project, including the issue that, at a satisfactory determination that the State and deteriorating infrastructure, cre- the time of the study, the Bureau of Indian agency is meeting benchmarks specified in ating a need for a stronger system. The Affairs estimated that total deferred mainte- the grant agreement for each grant awarded nance costs for the Project exceeded under this title. Government Accountability Office has $20,000,000; and ‘‘(2) EVALUATIONS.—The Secretary shall found the deterioration of key project (B) other estimates have placed those costs measure and evaluate, either directly or facilities to be severe. As deferred at more than $60,000,000; through grants or contracts, the impact of maintenance and upkeep mount, there (3) the report of the Government Account- the programs authorized under this title. is a growing threat to water conserva- ability Office demonstrates that key facili- Not later than June 1 of the year that is 6 tion efforts, a reliable water supply, ties of the Project are severely deteriorated; years after the year of the date of enactment growth in agricultural production, eco- (4) operations and maintenance fees are of the Project 2020: Building on the Promise nomic sustainability, a safe commu- not sufficient to address the condition of the of Home and Community-Based Services Act Project, even though the Bureau of Indian of 2009 and every 2 years thereafter, the Sec- nity, and, equally important, the pres- Affairs has sought to double those fees, from retary shall— ervation of culture and livelihood of $8.50 to $17, in recent years; ‘‘(A) compile the reports of the measures the Southern Ute Indian Tribe. Though (5) the report of the Government Account- and evaluations of the grantees; the Southern Ute Tribe and others who ability Office also notes that a prior study ‘‘(B) establish benchmarks to show live along the Pine River understand done by the Bureau of Reclamation deter- progress toward savings; and the hazards presented by aging infra- mined that water users could not afford to ‘‘(C) present a compilation of the informa- structure, more needs to be done to pay operations and maintenance fees of $8.50 tion under this paragraph to Congress. comprehend the full extent of these and operate a profitable farming operation; ‘‘(3) TECHNICAL ASSISTANCE GRANTS.—The (6) the benefits of rehabilitating and re- Secretary shall award technical assistance hazards. pairing the irrigation infrastructure of the grants, including State specific grants when- Tribal members, who would like to Project include— ever practicable, to carry out the programs bring idle lands back into agricultural (A) water conservation; authorized under this title. production and continue as good stew- (B) extending available water supply; ‘‘(4) TRANSFER.—There are authorized to be ards of the land, cannot be sure if (C) increased agricultural production; appropriated for such evaluation and tech- much-needed water will get to their (D) economic benefits; nical assistance under this subsection— (E) safer facilities; and ‘‘(A) $4,206,474 for fiscal year 2010; lands as a result of failed structures, (F) the preservation of the culture of the ‘‘(B) $9,811,535 for fiscal year 2011; overdue maintenance, and inadequate Southern Ute Indian Tribe; ‘‘(C) $8,461,158 for fiscal year 2012; funding. Now, the estimated costs to (7) while, as of the date of enactment of ‘‘(D) $11,166,517 for fiscal year 2013; rehabilitate the system far exceed the this Act, the Project is managed by the Bu- ‘‘(E) $12,829,859 for fiscal year 2014; ability of water users to pay for im- reau of Indian Affairs, the Southern Ute In- ‘‘(F) $14,527,252 for fiscal year 2015; provements while managing profitable dian Tribe also receives water from facilities ‘‘(G) $16,463,427 for fiscal year 2016; operations. owned or operated by the Bureau of Rec- ‘‘(H) $17,677,299 for fiscal year 2017; lamation; and ‘‘(I) $19,054,107 for fiscal year 2018; The Pine River Indian Irrigation (8) rehabilitation and repair of the infra- ‘‘(J) $20,552,158 for fiscal year 2019; and Project Act of 2009 would fix decades of structure of the Project by the Bureau of ‘‘(K) $22,202,641 for fiscal year 2020. neglect and inadequate funding for the Reclamation would improve— ‘‘(c) AVAILABILITY.—Funds appropriated Pine River Indian Irrigation Project. (A) overall water management; and under this section shall remain available This legislation would direct the Sec- (B) the ability of the Southern Ute Indian until expended.’’. retary of the Interior, acting through Tribe and the Bureau of Reclamation to ad- dress potential water conflicts. By Mr. UDALL, of Colorado (for the Commissioner of Reclamation, to fully assess the needs of the Pine River (b) PURPOSE.—The purpose of this Act is to himself and Mr. BENNET:) require the Secretary of the Interior— S. 1264. A bill to require the Sec- Indian Irrigation Project. It would also (1) to assess the condition of infrastructure retary of the Interior to assess the irri- grant the authority to the Secretary of of the Pine River Indian Irrigation Project; gation infrastructure of the Pine River the Interior to provide grants to, and (2) to establish priorities for the rehabili- Indian Irrigation Project in the State enter into cooperative agreements with tation of irrigation infrastructure within the of Colorado and provide grants to, and the Southern Ute Indian Tribe of Colo- Project according to specified criteria; and enter into cooperative agreements rado to assess and repair infrastructure (3) to implement rehabilitation activities with, the Southern Ute Indian Tribe to so that it more suitably meets user for the irrigation infrastructure of the Project. assess, repair, rehabilitate, or recon- needs. The funding that would be pro- struct existing infrastructure, and for vided in this bill is an essential step to- SEC. 3. DEFINITIONS. other purposes; to the Committee on ward assuring that both Indians and In this Act: non-Indians have access to the water (1) PROJECT.—The term ‘‘Project’’ means Indian Affairs. the Pine River Indian Irrigation Project. Mr. UDALL of Colorado. Mr. Presi- they need, when they need it. I look (2) SECRETARY.—The term ‘‘Secretary’’ dent, today I rise to discuss a bill that forward to working with my colleagues means the Secretary of the Interior. I introduced, which seeks to rehabili- on both sides of the aisle to move this (3) STATE.—The term ‘‘State’’ means the tate an important irrigation and flood bill toward passage. State of Colorado.

VerDate Nov 24 2008 01:55 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.028 S15JNPT1 rfrederick on PROD1PC67 with SENATE S6608 CONGRESSIONAL RECORD — SENATE June 15, 2009 (4) TRIBAL COUNCIL.—The term ‘‘Tribal (B) any findings of the Secretary with re- SUBMITTED RESOLUTIONS Council’’ means the Southern Ute Indian spect to— Tribal Council. (i) the study under subsection (a); (5) TRIBE.—The term ‘‘Tribe’’ means the (ii) consideration of the factors described SENATE CONCURRENT RESOLU- Southern Ute Indian Tribe. in subsection (a)(2); and TION 27—DIRECTING THE ARCHI- SEC. 4. STUDY OF IRRIGATION INFRASTRUCTURE (iii) any consultation required under sub- TECT OF THE CAPITOL TO EN- OF PROJECT. section (a)(3). GRAVE THE PLEDGE OF ALLE- (a) STUDY.— (2) BIENNIAL REVIEW.—Not later than 2 GIANCE TO THE FLAG AND THE (1) IN GENERAL.—As soon as practicable years after the date on which the Secretary after the date of enactment of this Act, the submits the report under paragraph (1) and NATIONAL MOTTO OF ‘‘IN GOD Secretary, in consultation with the Tribe, every 2 years thereafter, the Secretary, in WE TRUST’’ IN THE CAPITOL shall— consultation with the Tribe, shall— VISITOR CENTER (A) conduct a study of the irrigation infra- (A) review the report; and Mr. DEMINT (for himself, Mr. structure of the Project; and (B) update the list of activities under sub- (B) based on the results of the study, de- BARRASSO, Mr. BROWNBACK, Mr. section (a)(1)(B) in accordance with each fac- velop a list of activities (including a cost es- BUNNING, Mr. BYRD, Mr. CRAPO, Mr. tor described in subsection (a)(2), as the Sec- timate for each activity) that are rec- ENZI, Mr. INHOFE, Mr. THUNE, and Mr. retary determines to be appropriate. ommended to be implemented during the 10- WICKER) submitted the following con- year period beginning on the date of comple- SEC. 5. IRRIGATION INFRASTRUCTURE GRANTS current resolution; which was referred tion of the study to repair, rehabilitate, or AND AGREEMENTS. to the Committee on Rules and Admin- reconstruct that irrigation infrastructure. (a) IN GENERAL.—Subject to subsection (b), istration: (2) FACTORS FOR CONSIDERATION.— (A) IN GENERAL.—In developing the list the Secretary may provide grants to, and S. CON. RES. 27 under paragraph (1)(B), the Secretary shall enter into cooperative agreements with, the Resolved by the Senate (the House of Rep- give priority to activities based on— Tribe to plan, design, construct, or otherwise resentatives concurring), (i) a review of the priority factors de- implement any activity to repair, rehabili- SECTION 1. ENGRAVING OF PLEDGE OF ALLE- scribed in subparagraph (B) with respect to tate, reconstruct, or replace irrigation infra- GIANCE TO THE FLAG AND NA- the activity; structure of the Project, if the activity is TIONAL MOTTO IN CAPITOL VISITOR CENTER. (ii) recommendations of the Tribe, if any; recommended for implementation on the list (a) ENGRAVING REQUIRED.—The Architect and under section 4(a)(1)(B). (iii) a consideration of the projected bene- of the Capitol shall engrave the Pledge of Al- fits of each activity on completion of the (b) LIMITATION.—Assistance provided under legiance to the Flag and the National Motto Project. subsection (a) shall not be used for any on- of ‘‘In God we trust’’ in the Capitol Visitor (B) PRIORITY FACTORS.—The priority fac- farm improvement. Center, in accordance with the engraving plan described in subsection (b). tors referred to in subparagraph (A)(i) are— (c) CONSULTATION AND COORDINATION.—In (i) any threat to the health and safety of— (b) ENGRAVING PLAN.—The engraving plan providing assistance under subsection (a), (I) a member of the Tribe; described in this subsection is a plan setting the Secretary shall— (II) an employee of the irrigation oper- forth the design and location of the engrav- ations and maintenance program of the Bu- (1) consult with, and obtain the approval ing required under subsection (a) which is reau of Indian Affairs; or of, the Tribe; prepared by the Architect of the Capitol and (III) the general public; (2) consult with the Assistant Secretary approved by the Committee on House Admin- (ii) the extent of disrepair of the irrigation for Indian Affairs; and istration of the House of Representatives and infrastructure of the Project and the effect (3) as appropriate, coordinate the activity the Committee on Rules and Administration of the disrepair on the ability of users of the with any work being conducted under the ir- of the Senate. Project to irrigate agricultural land using rigation operations and maintenance pro- f that irrigation infrastructure; gram of the Bureau of Indian Affairs. (iii) whether, and the extent to which, the (d) COST SHARING REQUIREMENT.— SIGNING AUTHORITY repair, rehabilitation, or reconstruction of (1) IN GENERAL.—Except as provided in the irrigation infrastructure of the Project Mr. REID. Mr. President, I ask unan- paragraph (2), the Federal share of the total would provide an opportunity to conserve imous consent that the majority leader cost of carrying out an activity using assist- water; be authorized to sign duly enrolled ance under subsection (a) shall be not more (iv)(I) the economic and cultural impacts bills or joint resolutions from Monday, the irrigation infrastructure of the Project than 75 percent. June 15 to Wednesday, June 18. that is in disrepair has on the Tribe; and (2) EXCEPTION.—The Secretary may waive The ACTING PRESIDENT pro tem- or limit the non-Federal share required (II) the economic and cultural benefits pore. Without objection, it is so or- under paragraph (1) on request of the Tribe. that the repair, rehabilitation, or recon- dered. struction of that irrigation infrastructure SEC. 6. EFFECT OF ACT. would have on the Tribe; f (v) the opportunity to address water supply (a) WATER RIGHTS OF TRIBE.—Nothing in or environmental conflicts if the irrigation this Act (including the implementation of ORDERS FOR TUESDAY, JUNE 16, infrastructure of the Project is repaired, re- any activity carried out in accordance with 2009 habilitated, or reconstructed; and this Act) affects any right of the Tribe to re- Mr. REID. I ask unanimous consent (vi) the overall benefits of the activity to ceive, divert, store, or claim a right to that when the Senate completes its efficient water operations on the land of the water, including the priority of right and the business today, it adjourn until 10 a.m. Tribe. quantity of water associated with the water (3) CONSULTATION.—In carrying out the tomorrow, Tuesday, June 16; that fol- right under Federal or State law. study under this subsection, the Secretary lowing the prayer and pledge, the Jour- shall consult with the Assistant Secretary (b) STATE WATER LAW.—Nothing in this nal of proceedings be approved to date, for Indian Affairs and other relevant Federal Act preempts or affects— the morning hour be deemed expired, and local officials to evaluate the extent to (1) any provision of water law of the State; the time for the two leaders be re- which programs under the jurisdiction of or served for their use later in the day, each Federal and local agency may be used (2) any interstate compact governing and there be a period of morning busi- to develop— water. ness for 1 hour with the time equally (A) the list of activities under paragraph (1)(B); or SEC. 7. AUTHORIZATION OF APPROPRIATIONS. divided and controlled between the two leaders or their designees, with the ma- (B) the report under subsection (b). (a) STUDY.—There is authorized to be ap- (b) REPORT.— propriated to carry out the study under sec- jority controlling the first half and the (1) IN GENERAL.—Not later than 18 months tion 4 $4,000,000. Republicans controlling the final half, after the date of enactment of this Act, the with Senators permitted to speak for Secretary shall submit to the Committee on (b) IRRIGATION INFRASTRUCTURE GRANTS up to 10 minutes each; finally, I ask Energy and Natural Resources of the Senate, AND AGREEMENTS.—There is authorized to be unanimous consent that the Senate re- the Committee on Natural Resources of the appropriated to carry out section 5 $10,000,000 cess from 12:30 p.m. until 2:15 p.m. to House of Representatives, and the Tribe a re- for each of fiscal years 2010 through 2015. port that includes— allow for the weekly caucus luncheons. (A) the list of activities recommended for The ACTING PRESIDENT pro tem- implementation under subsection (a)(1)(B); pore. Without objection, it is so or- and dered.

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EARMARK DECLARATION where, in 1966, he graduated from North Hol- partment will hold its Youth Leadership Pro- lywood High School. gram graduation ceremony with the students HON. LAMAR SMITH Mr. Lowe began his career as a freelance of the Wandell Elementary School. The young OF TEXAS journalist in the early 1970s while actively par- people participating in this important program IN THE HOUSE OF REPRESENTATIVES ticipating in the anti-war movement during the have made a commitment to say no to drugs, Vietnam War. He became involved in the underage drinking, and gang violence. They Monday, June 15, 2009 Labor Movement in 1976 while employed as a have done this with the support of Chief of Po- Mr. SMITH of Texas. Madam Speaker, pur- warehouse worker at a General Electric plant lice Timothy McWilliams and Superintendant suant to the Republican Leadership standards in San Jose, California. As a Shop Steward at Dr. David Goldblatt. on earmarks, I am submitting the following in- General Electric, he helped organize his co- The Saddle River Youth Leadership Pro- formation regarding earmarks I received as workers into Local 6 of the International gram allows children to defeat the negative part of the FY 2010 Homeland Security Appro- Longshore and Warehouse Union. cultural influences that they are challenged priations Act. Fred continued on to serve several unions, with daily by opening the lines of communica- Requesting Member: Congressman LAMAR organizing and representing workers in both tion between law enforcement and youth, em- SMITH the public and private sector. He worked with powering them with the confidence and cour- Bill Number: FY2010 Interior, Environment, individuals in skilled trades and service indus- age to say no to drugs. and Related Agencies Appropriations Act tries, as well as university professors and ad- I am proud of the young boys and girls who Account: EPA—STAG Water and Waste- ministrative and clerical workers. In the mid participated in this program at the Wendell water Infrastructure Project 1980s, he became involved in the Sanctuary School, and I would like to recognize them all Legal Name of Requesting Entity: City of Movement for refugees fleeing war and polit- for taking this step toward positive citizenship: Austin ical oppression in El Salvador and Guatemala. Tiara Berry, Nina Butler, Gabriella Dedvukej, Address of Requesting Entity: 301 West 2nd In 1994, Fred Lowe served as an international Samuel Edelman, John Engkvist, Samantha Street, Austin, TX 78701 observer to El Salvador’s first democratic elec- Fisher, Max Freedberg, Ekaterina Hardesty, Description of Request: I have secured tion. Jodi Hinchen, Trey Kidd, Niko Kourgalis, $500,000 for the City of Austin for sanitary By the mid 1990s, he returned to union or- Stephanie Lande, Alison Luing, Ohiragg sewer overflow prevention. These funds will ganizing, finding his home within the Laborers’ Manchanda, Gianna Pace, Ryan Perle, be used for the Non-Structural SSO Preven- International Union of North America Lelyzaveta Troschii, Derek Wafer, Isaiah tion Project in association with our partnership (L.I.U.N.A.). Working with the union’s Orga- Wright, Alexander Zahn, Claudia Baker, Evan with the Environmental Protection Agency nizing Department in 1996, Fred played an im- Berker, Juliette Boyajian, Gregory Ceccon, (EPA). This past fall, EPA released the City’s portant role in managing a historic election of Carolina Earle, Sam Hajal, Harrison He, first Special Appropriations Grant XP- 5,200 Riverside County employees. With his Candace Krauss, Anthony LaBarbiera, Nich- 97677204 to allow expenditures on the City’s leadership, L.I.U.N.A. gained its largest public olas LoPiccolo, Patrick Mello, Michael ongoing ‘‘cured-in-place’’ sewer main slip lin- sector organizing victory in the union’s history. Morrissey, Connor Nicholson, Ana Ordonez, ing contracts. This trenchless sewer rehabilita- Shortly after the win, the union became known Matthew Perle, Kimberly Quinones, Jacqueline tion technique eliminates infiltration and re- as L.I.U.N.A., Local 777. Rodgers, Samson Silberman, Sarah Taranto, places the structural integrity of sewer mains Under Mr. Lowe’s exceptional leadership as Kyle Weber, and Alexis Weiner. without extensive excavation. Having EPA Business Manager, Local 777 has grown to grant funds targeted to this activity frees up f represent over 8,000 members throughout existing City financial resources to (1) expand both Riverside and Los Angeles counties. His SHIPPENSBURG UNIVERSITY sanitary sewer monitoring, cleaning and main- determined efforts have shaped Local 777 into WOMEN’S RUGBY CLUB TEAM tenance, (2) address both grease control and an outstanding example of political activism, permanent root elimination from the sewer helping to elect public officials who serve the system and (3) expand use of trenchless sani- HON. BILL SHUSTER needs of labor. For more than 30 years, Fred tary sewer rehabilitation techniques to other OF PENNSYLVANIA Lowe has worked as an effective advocate for areas of the sewer system. The requested IN THE HOUSE OF REPRESENTATIVES laborers’ rights in Southern California and has funds will be used for a non-structural Monday, June 15, 2009 been instrumental in working toward equitable (trenchless) sanitary sewer overflow preven- employee relations in Riverside and Los Ange- Mr. SHUSTER. Madam Speaker, I rise tion project. The project will reduce sanitary les Counties. Fred and his wife Karen have today to congratulate the Shippensburg Uni- sewer overflows that threaten the Colorado three children, Luisa, Sonya, and Michael versity Women’s Rugby Club Team on win- River watershed and the Edwards Aquifer. It Scott. ning the 2009 USA Rugby National Guard will also demonstrate a non-structural ap- On June 30, 2009, Mr. Lowe will retire from Collegiate Championships. As national cham- proach to addressing sanitary sewer overflows his position as Business Manager of pions, the members of the rugby club team that can be replicated nationally. I certify that L.I.U.N.A., Local 777. It is my great pleasure have shown the discipline and teamwork re- neither I nor my spouse has any financial in- to recognize the extraordinary dedication and quired to achieve greatness. terest in this project. achievements of Mr. Fred Lowe and I ask all The championship is the second in a row for f Members of Congress to join me in thanking the club, who built on their success last year A TRIBUTE TO FRED LOWE him for his service. to come back better and stronger and take the f title again. The championship match at Stan- HON. ADAM B. SCHIFF ford’s Steuber Rugby Stadium was truly a SADDLE RIVER POLICE DEPART- wonderful accomplishment. The Division II OF CALIFORNIA MENT YOUTH LEADERSHIP PRO- rugby club beat Stonehill College in the final IN THE HOUSE OF REPRESENTATIVES GRAM GRADUATION match 29–5. Through dedication and persist- Monday, June 15, 2009 ence the club was able to achieve this praise- Mr. SCHIFF. Madam Speaker, I rise today HON. SCOTT GARRETT worthy title. to commend Mr. Fred Lowe for his extraor- OF NEW JERSEY The women of the Shippensburg rugby club dinary work and leadership as Business Man- IN THE HOUSE OF REPRESENTATIVES team have shown great leadership, and each ager of the Laborers’ International Union of of these individuals has represented their North America, Local 777. Monday, June 15, 2009 school with distinction and honor. The club Fred Lowe was born in Cleveland, Ohio and Mr. GARRETT of New Jersey. Madam has brought great pride to not only raised in California’s San Fernando Valley Speaker, today, the Saddle River Police De- Shippensburg University but to the greater

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

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K15JN8.001 E15JNPT1 jbell on PROD1PC69 with REMARKS E1404 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2009 community as well. I commend them on their ing will be used to modernize the radio equip- EARMARK DECLARATION teamwork and outstanding talents. ment to allow for interoperability between var- This is truly a distinguished achievement for ious public safety entities and multiple jurisdic- HON. JERRY LEWIS the Shippensburg University Women’s Rugby tions, and to equip the new Emergency Oper- OF CALIFORNIA Club Team. I congratulate all of the players ations Center with equipment for such oper- IN THE HOUSE OF REPRESENTATIVES and coaches: Jenna Boggi, Danielle Dincher, ations. The improvements will not only impact Monday, June 15, 2009 Lauren Herbert, Lisa Hrunka, Melissa Hutch- the City of Boerne but all of Kendall County inson, Michelle Jeffcoat, Melissa Kahler, and the City of Fair Oaks Ranch, which is lo- Mr. LEWIS of California. Madam Speaker, Stephanie Kern, Kathryn Krulac, Lauren cated partially in Kendall, Comal and Bexar pursuant to Republican earmark guidance, I Lamon, Shannon Lane, Lindsay Libengood, Counties. I certify that neither I nor my spouse am submitting the following in regard to H.R. Meghan McCloud, Meaghan Meeker, Natalie has any financial interest in this project. 2847: Monroig, Sarah Mousetis, Brittany Myers, Requesting Member: Congressman JERRY Jenna Romanowski, Kimberly Simmons, Mel- f LEWIS ody Stouder, Stacie Stuart, Wendy Tanner, Project Name: San Bernardino County Sher- Angela Tyrrell, Ashley Tyrrell, Katelyn RECOGNIZING THE WINDY CITY iff Scientific Investigations Waegener, and Jessica Walker. I believe that GAY CHORUS Account: COPS-Tech this championship will be one of many suc- Legal Name of Requesting Entity: San cesses in the lives of these talented players Bernardino County, CA and coaches, and I congratulate them for all HON. MIKE QUIGLEY Address of Requesting Entity: San their efforts. Bernardino County, 655 East Third Street, San OF ILLINOIS f Bernardino, CA 92415 IN THE HOUSE OF REPRESENTATIVES Amount: $500,000 EARMARK DECLARATION Description of Request: The funds re- Monday, June 15, 2009 quested will be used to help the Sheriff’s De- HON. LAMAR SMITH partment purchase equipment for the Crime Mr. QUIGLEY. Madam Speaker, I rise today OF TEXAS Analysis Unit, including a Blood Alcohol Anal- to recognize the Windy City Gay Chorus and IN THE HOUSE OF REPRESENTATIVES ysis System, Polarized Light Microscopes for all its current and past members on their 30th Controlled Substance Analysis, Energy Disper- Monday, June 15, 2009 anniversary celebration. sive X-Ray Spectrometer and a Skeletal Re- Mr. SMITH of Texas. Madam Speaker, pur- Founded in 1979, the Windy City Gay Cho- mains Predictive Profiling Research Program. suant to the Republican Leadership standards rus is the oldest gay chorus in Illinois and the San Bernardino County is the largest County on earmarks, I am submitting the following in- Midwest and one of the oldest in the country. in the United States, making law enforcement formation regarding earmarks I received as investigations a challenge. These equipment part of the FY 2010 Homeland Security Appro- The Windy City Gay Chorus and its volun- upgrades will help make investigations more priations Act. teer members have been distinguished for efficient and effective. Requesting Member: Congressman LAMAR their commitment to professional-quality musi- Requesting Member: Congressman JERRY SMITH cal performances and their dedication to Chi- LEWIS. Bill Number: FY2010 Homeland Security cago’s LGBT community. Project Name: City of San Bernardino Appropriations Act WCGC is respected nationally and inter- Project Phoenix Neighborhood Initiative Account: FEMA—Predisaster Mitigation nationally and is regarded by critics and audi- Account: OJP-Byrne Legal Name of Requesting Entity: City of ences as one of the outstanding gay cho- Legal Name of Requesting Entity: City of New Braunfels ruses. It performs a wide variety of music from San Bernardino Address of Requesting Entity: 424 South pop, jazz and swing to classical. Its annual Address of Requesting Entity: 300 North Castell Avenue, New Braunfels, TX 78130 ‘‘Don We Now . . .’’ concert is one of the ‘‘D’’ Street, San Bernardino, CA 92418 Description of Request: I have secured highlights of Chicago’s holiday season. Amount: $500,000 $500,000 for the City of New Braunfels for Description of Request: The requested flood mitigation. The project is part of the The Windy City Gay Chorus has won nu- funds will support an at-risk youth center with City’s FEMA-approved Local Hazard Mitigation merous honors and awards, including first an after-school program that includes tutoring, Plan and the Regional Mitigation Action Plan. prize at the Johnny Mann Great American organized sports, teen clubs and open recre- The project consists of (1) the construction of Choral Festival, the only gay group ever to do ation. The youth centers are part of San two large detention ponds along Walnut Ave- so. Bernardino’s comprehensive initiative to re- nue, (2) channel improvements along the It has been invited to perform at meetings of duce the rate of violent crime in San North Tributary, and (3) the removal of several the American Choral Directors Association, at Bernardino. The City of San Bernardino has residential and commercial properties from the the inauguration of Chicago Mayor Richard M. been ranked the third most violent city in Cali- 100-year floodplain. This project is an impor- Daley, and at two of the world’s most famous fornia and the 18th in the nation. Due to ex- tant regional flood control initiative to reduce concert halls, Orchestra Hall in Chicago and tremely high rates of foreclosure in the city, flooding along the North Tributary of the Gua- Avery Fisher Hall at Lincoln Center in New the city is facing massive budget cuts and the dalupe River and to protect numerous homes progress that Operation Phoenix has made in York. from future flood damage. For the entire reducing juvenile and overall crime is threat- project, the City is prepared to provide The Windy City Gay Chorus and its affiliated ened if these centers are forced to close. $5,900,000, which is a 92% share of the choruses—Aria, Unison and Windy City Slick- Requesting Member: Congressman JERRY $6,400,000 cost. The City is requesting ers—use the universal language of music to LEWIS. $500,000 in Federal funding, which would be bridge the divisions that separate us and to Project Name: Redlands Police Information 8% of the project cost. I certify that neither I bring joy, hope and pride not just to the LGBT Technology Infrastructure nor my spouse has any financial interest in community but to everyone who experiences Account: COPS-Tech Date this project. their music. Legal Name of Requesting Entity: City of Requesting Member: Congressman LAMAR The hard work and dedication of the Windy Redlands SMITH City Gay Chorus reminds us, especially during Address of Requesting Entity: 35 Cajon Bill Number: FY2010 Homeland Security Street, Redlands, CA 92373 Gay Pride Month, of the enormous contribu- Appropriations Act Amount: $350,000 tions that gay and lesbian Americans and the Account: FEMA—State and Local Programs Description of Request: The requested entire LGBT community have made to our Legal Name of Requesting Entity: City of funds will be used to upgrade the Police De- country. Boerne Emergency Operations Center partment’s information technology (IT) infra- Address of Requesting Entity: 214 West Madam Speaker, I congratulate and thank structure. This would include the creation of a Nueva, San Antonio, TX 78207 the Windy City Gay Chorus and all its mem- consolidated and stable data center and the Description of Request: I have secured bers for their service to our community and relocation of the Department’s servers, along $250,000 for the City of Boerne for equipment wish them 30 more years of making beautiful with other critical communications compo- for their Emergency Operations Center. Fund- and uplifting music. nents. The City was forced to close its 50-

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A15JN8.003 E15JNPT1 jbell on PROD1PC69 with REMARKS June 15, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1405 year-old Safety hall last year due to seismic Description of Request: The funds re- and emergency medical service agencies en- and environmental factors. This project is crit- quested will be used for the acquisition of a hance safety. Specifically, funding will enable ical to allowing Redlands to work more effi- secure, interconnected, evidence management first responders to integrate with recently up- ciently and effectively with regional, state, and network for the collection and storage of digital graded communications infrastructure. federal law enforcement officials. evidence, which will streamline operations and Project Name: Franklin County Emergency Requesting Member: Congressman JERRY improve law enforcement service to the com- Services Alliance, Chambersburg, PA / Law LEWIS. munity. Currently digital evidence is handled in Enforcement Technology and Equipment Project Name: California Department of Jus- the same manner as physical evidence, result- Account: DOJ/COPS Tech tice Meth Interdiction in San Bernardino Coun- ing in a substantial loss of patrol office and in- Legal Name of Requesting Entity: Franklin ty vestigator availability. The loss of time is esti- County Emergency Services Alliance Account: COPS-Meth mated to be thousands of work hours per Address of Requesting Entity: 14 North Legal Name of Requesting Entity: California year. Main Street, Chambersburg, PA 17201 State Department of Justice Requesting Member: Congressman JERRY Description of Request/Justification of Fed- Address of Requesting Entity: 4949 Broad- LEWIS eral Funding: $300,000 for Law Enforcement way, Sacramento, CA 95820 Project Name: Loma Linda University Space Technology and Equipment Amount: $600,000 Radiation Health Research Program The Franklin County Emergency Services Description of Request: The requested Account: NASA–CAS Alliance is a coalition of police, fire, and EMS funds will purchase equipment used in inves- Legal Name of Requesting Entity: Loma providers focused on interoperability solutions tigation and of clandestine meth lab- Linda University Medical Center for local public safety units. It is my under- oratories, for drug interdiction efforts, and Address of Requesting Entity: 11175 Cam- standing that funding for this project would be other associated costs for the California Meth- pus Drive, Loma Linda, CA 92354 used to purchase and upgrade equipment for amphetamine Strategy program in San Amount: $2.8 million first responders in Franklin County, Pennsyl- Bernardino. In addition, funding would be used Description of Request: The LLU/NASA Lab vania. to train local law enforcement officers in San exists to promote two goals: conducting inves- This project is a valuable use of taxpayer Bernardino County. California leads the nation tigations that clarify the space environment funds because it addresses communications in meth production and has also become a and how it will affect personnel and equip- problems between public safety entities by up- gateway for the trafficking of meth from Mex- ment, particularly for long duration missions; grading technology and equipment. Franklin ico across the United States, making enforce- and, developing preclinical data for translation County is home to a major freight transpor- ment efforts in California a critical part of any to clinical trials that ultimately will benefit pa- tation hub (CSX railway) and Army weapons national strategy. tients treated with proton radiation. LLU is tak- depot (Letterkenny) within miles of each other. Requesting Member: Congressman JERRY ing a leading role in developing and testing Franklin County first responders also play a LEWIS non-toxic countermeasures to protect human- ‘‘back-fill’’ role to the nearby major metropoli- Project Name: Banning Multi-Agency Inter- kind from radiation exposure, whether that be tan areas of Washington, DC, Baltimore, MD, operability Capability from space flights, war, terrorist threats or ra- and Harrisburg, PA. Account: COPS Tech diation accidents. The LLU/NASA Project Name: Operation Our Town, Al- Legal Name of Requesting Entity: City of Radiobiology Lab epitomizes the NASA vision toona, PA / Drug Treatment and Prevention Account: DOJ / OJP-Byrne Banning, CA ‘‘improving life here, expanding life to there, Legal Name of Requesting Entity: Operation Address of Requesting Entity: 321 W. and to find life beyond’’ and has been doing Ramsey Street, Banning, CA 92220 Our Town so on a cost-effective and timely basis. Address of Requesting Entity: 5506 6th Ave- Amount: $300,000 f Description of Request: The requested nue Rear, Altoona, PA 16602 Description of Request / Justification of Fed- funds would upgrade the Banning’s public EARMARK DECLARATION eral Funding: $300,000 for Drug Treatment safety communication system to make it inter- and Prevention operable with the rest of the County. Riverside HON. BILL SHUSTER Operation Our Town is a non-profit group County is the only County in Southern Cali- OF PENNSYLVANIA focused on coordinating resources in Blair fornia without interoperability capability. The IN THE HOUSE OF REPRESENTATIVES County, Pennsylvania to reduce the threats region is working on a shared system that will Monday, June 15, 2009 faced by drugs and related crimes. This lower operational costs. project is a valuable use of taxpayer funds be- Requesting Member: Congressman JERRY Mr. SHUSTER. Madam Speaker, consistent cause the City of Altoona has experienced a LEWIS with the Republican Leadership’s policy on substantial increase in drug related incidents Project Name: Highland Police Technology earmarks, I am placing this statement in the in recent years. It is my understanding that Program CONGRESSIONAL RECORD. funding for the project would be used by Oper- Account: COPS Tech Requesting Member: Congressman BILL ation Our Town to facilitate partnerships be- Legal Name of Requesting Entity: City of SHUSTER (PA–9) tween community and business leaders to Highland, CA Bill Number: H.R. 2487—the Commerce, fight drug use and crime through proven law Address of Requesting Entity: 27215 Base Justice, Science, and Related Agencies Ap- enforcement, treatment, and prevention strate- Line Highland, CA 92346 propriations Act, FY 2010 gies. Amount: $500,000 COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES It is also my understanding that approxi- Description of Request: The requested PROJECTS mately 50 percent of funding would be used funds will help equip the Highland Police force Project Name: Cambria 9th Public Service for law enforcement activities, approximately with equipment to combat the rising tide of Providers, Patton, PA / Law Enforcement 45 percent of funding would be used for pre- crime. The Police department is seeking Technology and Equipment vention and treatment activities, and approxi- matching federal funds to purchase a GPS- Account: DOJ/COPS Tech mately 5 percent of funding would be used for based graffiti tracking system and security Legal Name of Requesting Entity: Cambria other costs. equipment for the new police headquarters. 9th Public Service Providers Association The graffiti tracking system will provide a crit- Address of Requesting Entity: 496 Railroad f ical tool to law enforcement for monitoring Avenue, P.O. Box 203, Patton, PA 16668 EARMARK DECLARATION gang related activity in the community. Description of Request/Justification of Fed- Requesting Member: Congressman JERRY eral Funding: $300,000 for Law Enforcement HON. DANIEL E. LUNGREN LEWIS Technology and Equipment OF CALIFORNIA It is my understanding that funding will be Project Name: Riverside County Sheriff’s IN THE HOUSE OF REPRESENTATIVES Department Digital Management System used to upgrade and purchase equipment for Account: COPS Tech first responders in northern Cambria County, Monday, June 15, 2009 Legal Name of Requesting Entity: Riverside Pennsylvania. The Cambria 9th Public Service Mr. DANIEL E. LUNGREN of California. County, CA Providers Association is a coalition of police, Madam Speaker, pursuant to the Republican Address of Requesting Entity: 4095 Lemon fire, and EMS providers. Leadership standards on earmarks, I rise Street, Riverside, CA 92501 This project is a valuable use of taxpayer today to submit the following information re- Amount: $450,000 funds because it will assist local police, fire, garding earmarks I received as part of H.R.

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A15JN8.005 E15JNPT1 jbell on PROD1PC69 with REMARKS E1406 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2009 2487—the Commerce, Justice, Science and Description of Request: I requested and re- $240,000 for an Emergency Operations Cen- Related Agencies Appropriations Act, 2010. ceived a Member priority request totaling ter for Inyo County. This project will expand an The following earmarks were requested by $82,000 to assist with the Uturn Gang Preven- existing Inyo County Sheriff’s Department fa- my office and are listed for funding in this bill: tion Program evaluation and assessment com- cility that will serve as a dedicated Emergency County of Alpine & County of Calaveras— ponent. Uturn Gang Prevention Program will Operations Center ensuring continuity and ef- Law Enforcement Radio and Data Commu- focus on elementary school age at-risk youth, fective emergency management in the event nications along with their immediate families. The focal of a disaster such as a wildfire or earthquake. Requesting Member: DANIEL E. LUNGREN point will be three areas of accountability: Aspects of this project include site prepara- Bill Number: H.R. 2487 home, school and community. The Uturn pro- tion, installation and expansion of existing utili- Account: COPS Tech gram aims to work with at-risk families willing ties and data communications, construction, Requesting Agency: County of Calaveras to make a two-year commitment to involve- radio communications, and an emergency Agency Address: 891 Mountain Ranch ment in services. The goal is to develop at-risk backup electrical system for emergency oper- Road, San Andreas, CA 95249 children’s full personal potential so that they ations. Amount: $1,250,000 will not be attracted to gang involvement. Requesting Member: Congressman HOW- Description: This project creates an inter- The City of Victorville will contract evalua- ARD P. ‘‘BUCK’’ MCKEON operable and tactical communications back- tion and assessment services through Cali- Bill Number: H.R. 2847, ‘‘Commerce, Jus- bone between the Counties of Alpine and fornia State University San Bernardino, Col- tice, Science, and Related Agencies Appro- Calaveras. Full build out will also connect lege of Social and Behavioral Sciences, De- priations Act, 2010’’ Counties as far away as San Francisco across partment of Social Work. Evaluation and as- Account: Department of Justice, Office of the Sierras to the State of Nevada for sec- sessment services will track participants’ be- Justice Programs, Byrne Grant Program ondary phone, data and radio interoperability havioral changes, school attendance, commu- Legal Name of Requesting Entity: The City and connectivity. The project fixes local radio nication skills, academic trends, family involve- of Adelanto, CA operability and interoperability in the two coun- ment, and communication skill sets. Address of Requesting Entity: The City of ties in which the Federal Government is the Ultimately this program will evaluate and as- Adelanto, 11600 Air Expressway, Adelanto, majority land owner. sess the individual and collective development CA 92301 This project represents an appropriate use of the youth and families. This program will Description of Request: I requested and re- of taxpayer funds due to the imperative for enhance the family structure and strengthen ceived a Member priority request totaling interoperability in the provision of emergency values. The progress of the program partici- $375,000 to establish an Emergency Oper- services and administration of public safety in pants will be tracked every 6 months for a two ations Center within Adelanto, CA’s existing two counties in which the Federal Government year period insuring behavioral, emotional and City Hall. This center will serve as the central is the majority land owner. family stability. The success of the program in- command and control facility in the event of a Folsom Emergency Operations Center suring gang life will be less attractive and irrel- disaster and will be responsible for carrying Requesting Member: DANIEL E. LUNGREN evant to the youth. out the protocols of an emergency situation, Bill Number: H.R. 2487 Requesting Member: Congressman HOW- such as a wildfire or earthquake, and ensuring Account: OJP-Byrne the continuity of operations. Requesting Agency: City of Folsom ARD P. ‘‘BUCK’’ MCKEON Bill Number: H.R. 2847, ‘‘Commerce, Jus- Aspects of this project include structural ren- Agency Address: 50 Natoma Street, Fol- ovations, network infrastructure installation, som, CA 95630 tice, Science, and Related Agencies Appro- priations Act, 2010’’ and purchases of equipment like computers, Amount: $250,000 phones, a generator, 800MHz communication Description: This project will expand the cru- Account: Department of Justice, Juvenile Justice radios, and a mobile secondary/backup Emer- cial capabilities of the Folsom EOC to function gency Operations Center. for both the City of Folsom and as the Alter- Legal Name of Requesting Entity: CASA of f native County Site. Best practices highlight the Los Angeles County importance of having redundant emergency Address of Requesting Entity: CASA of Los IN SOLIDARITY WITH THE management capacity to ensure a balanced Angeles County, Lancaster office, 1040 West FARCHANA MANIFESTO strategy for handling emergencies. Avenue J, Room 1130 Lancaster, CA 93534– This project represents an appropriate use 3329 HON. MICHAEL E. CAPUANO of taxpayer funds because it provides a critical Description of Request: I requested and re- ceived a Member priority request totaling OF MASSACHUSETTS capability to both the City of Folsom and Cali- IN THE HOUSE OF REPRESENTATIVES fornia’s State Capitol, ensuring emergency op- $300,000 for the Court Appointed Special Ad- erations and first response measures are co- vocates (CASA) of Los Angeles County Lan- Monday, June 15, 2009 ordinated with the greatest ability. caster program. The funding is specifically to Mr. CAPUANO. Madam Speaker, I rise to recruit and train additional CASA volunteers to f pay tribute to the courageous women of provide advocacy services to 120 additional Darfur, refugees in the Farchana Camp in EARMARK DECLARATION abused and neglected foster children in the Chad, who issued their Farchana Manifesto Antelope Valley area. CASA of Los Angeles one year ago this month. I honor also the ef- HON. HOWARD P. ‘‘BUCK’’ McKEON County will provide any required match for this forts of Physicians for Human Rights who OF CALIFORNIA program. have worked to treat and comfort survivors of CASA of Los Angeles services the needs of IN THE HOUSE OF REPRESENTATIVES the Darfur genocide and support them in their abused and neglected children in the foster Monday, June 15, 2009 struggles for human rights and personal dig- care system through the recruitment, training, nity. No advocate, however, could speak more Mr. MCKEON. Madam Speaker, Pursuant to supervision and support of community volun- powerfully of their plight than the women the Republican Leadership standards on ear- teers who investigate the circumstances of themselves. The Manifesto has been trans- marks, I am submitting the following informa- each child, facilitate the provisions of services, lated into English and French from the hand- tion regarding Member priority requests I re- monitor compliance with the orders of the written Arabic original, posted in the Farchana ceived as part of H.R. 2847, The ‘‘Commerce, court and advocate for the best interests of Camp on June 10, 2008. Justice, Science, and Related Agencies Ap- the child. We, the women of Farchana Camp, have propriations Act, 2010.’’ Requesting Member: Congressman HOW- many concerns and problems with the lack Requesting Member: Congressman HOW- ARD P. ‘‘BUCK’’ MCKEON of freedom and having the opportunity to ARD P. ‘‘BUCK’’ MCKEON Bill Number: H.R. 2847, ‘‘Commerce, Jus- speak about freedom. Bill Number: H.R. 2847, ‘‘Commerce, Jus- tice, Science, and Related Agencies Appro- We can assign these problems to a number tice, Science, and Related Agencies Appro- priations Act, 2010’’ of items, including the following: priations Act, 2010’’ Account: Department of Justice, COPS 1. Lack of opportunity for freedom of Account: Department of Justice, Juvenile Technology Grant speech, and no one to listen to what women say. Justice Programs Legal Name of Requesting Entity: Inyo 2. Lack of freedom to go to work or engage Legal Name of Requesting Entity: The City County, California in life’s activities. If a woman is working in of Victorville Address of Requesting Entity: some occupations, responsibility is left to Address of Requesting Entity: 14343 Civic Description of Request: I requested and re- the woman alone in all cases, such as: ill- Drive, PO Box 5001, Victorville, CA 92393 ceived a Member priority request totaling ness, home activities, and responsibility for

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A15JN8.007 E15JNPT1 jbell on PROD1PC69 with REMARKS June 15, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1407 the children. While the man does what he dom to all of those lucky enough to have of Investigation, the entire northern Virginia re- wants with money, the responsibility is left come to know him in his 25 years of devoted gion is a hotbed of gang activity. In order to to the woman. service. better fight gang activity in this area, the task 3. Lack of women’s equality. One man, if Ordained in May of 1984, Father Foley’s force requested $1 million in funding, which is he has the notion, can have one wife or two or more wives. first service was a mass of thanksgiving the included in H.R. 2847. 4. Lack of freedom for women even with very next day. On the 14th of this month, in f tribute to his 25 years of unwavering dedica- their own private property; for example: HONORING DR. GEORGE money, gold, household pots and pans, and tion to his faith and his community, he will be SEIELSTAD livestock. honored during a Jubilee Mass at St. 5. Women are not allowed to make contact Athanasius in Philadelphia. with people outside the community. For ex- Madam Speaker, I am proud to recognize HON. EARL POMEROY ample: visiting neighbors, family, and Father Francis P. Foley for his incredible serv- OF NORTH DAKOTA friends. And women are not allowed [illegi- IN THE HOUSE OF REPRESENTATIVES ble] to travel far, and if he allows her, he ice as a Navy Chaplain, and am extremely does not give her money, and he tells her, honored to serve as his Congressman. Monday, June 15, 2009 ‘‘This trip is of your own accord.’’ f Mr. POMEROY. Madam Speaker, I rise 6. Lack of acceptance of higher education PERSONAL EXPLANATION today to honor the long and distinguished ca- and universities to enable women to get reer of Dr. George Seielstad who is retiring ahead. from the John D. Odegard School of Aero- 7. Failure to encourage girls in the schools HON. BLAINE LUETKEMEYER and leaving the responsibility to the moth- space Sciences at the University of North Da- OF MISSOURI ers. kota (UND) where he was a leading figure in 8. Failure of fathers to take responsibility IN THE HOUSE OF REPRESENTATIVES UND’s aerospace and earth systems science for girls. If something happens, the mother is Monday, June 15, 2009 curriculum. It has been my privilege to have blamed, and they make her hear harsh words known Dr. Seielstad since he first started at from the family, and sometimes divorce even Mr. LUETKEMEYER. Madam Speaker, I UND. Since that time I have seen first hand takes place. would like to state for the record my position the workings of his remarkable mind, his com- 9. Outside chores, such as: [illegible], provi- on the following vote I missed while attending mitment to advancing scientific thought, and sions, construction, and feeding livestock— a funeral in Missouri: his innovative leadership in developing real that is, all physical demands—are the re- On Friday, June 12, 2009, I missed rollcall sponsibility of the woman. world applications for spatial technologies. Vote No. 335. Had I been present, I would Dr. Seielstad’s tenure at UND will be recog- 10. Failure to show confidence in women, have voted ‘‘nay’’ on rollcall Vote No. 335. such as leaving the house without the man’s nized by his many achievements as well as knowledge and he tells her, ‘‘You went out to f the many distinguished titles he has held. Upon his arrival in 1993, Dr. Seielstad served commit adultery.’’ EARMARK DECLARATION 11. Failure to value the life of the woman. as Assistant Dean for Academic Affairs and They only value her in bed. They like a lot Professor of Space Studies and was later of births, but they do not like raising sons HON. FRANK R. WOLF named the Associate Dean of the Center for and children. OF VIRGINIA Aerospace Science and Director of the Earth 12. Early marriage for girls and compul- IN THE HOUSE OF REPRESENTATIVES System Science Institute. In 1997, he was sory marriage without consent. 13. In the case of meetings, women do not Monday, June 15, 2009 named the first ever Oliver Benediktson Pro- have the freedom to speak at organizations; fessor of Astrophysics. In recent years, Dr. only men’s statements are heard. Mr. WOLF. Madam Speaker, pursuant to Seielstad was appointed Senior Advisor to the 14. Women do not know how to submit the Republican Leadership standards on ear- President of UND and served in the position of their complaints—the place and the organi- marks, I am submitting the following informa- Director for the Northern Great Plains Center zation that is concerned about them. tion regarding earmarks I received as part of for People and the Environment where he di- Thank you. We hope to achieve freedom for H.R. 2847, the Commerce, Justice, Science rects the Upper Midwest Aerospace Consor- women in the whole world. and Related Agencies Fiscal Year 2010 Ap- tium (UMAC). More than sixty years after the adoption of propriations Act. His cardinal accomplishment at UND came the Universal Declaration of Human Rights, Requesting Member: The Hon. FRANK R. in founding and managing UMAC, which he the women of the Farchana Camp challenge WOLF established in 1994. UMAC is a preeminent us to realize its long-promulgated ideals. Provision: State and Local Law Enforcement research partnership between five universities f Assistance, Byrne Justice Assistance Grant in Montana, South Dakota, Idaho, and North Legal Name of Requesting Entity: Northern Dakota working in collaboration in order to RECOGNIZING THE 25TH ANNIVER- Virginia Regional Gang Task Force serve societal needs through the development SARY OF FATHER FRANCIS P. Address of Requesting Entity: 880 Harrison of practical applications in Earth System FOLEY’S ORDINATION Street SE, Leesburg, VA 20175 Science information. UMAC has helped collect Description of Request: In response to in- vital data on complex global environment and HON. PATRICK J. MURPHY creasing gang activity in northern Virginia, a climate issues and has led to the development OF PENNSYLVANIA multi jurisdictional law enforcement task force of real world products using satellite imaging, IN THE HOUSE OF REPRESENTATIVES was established in 2003 to more effectively re- like Agriculture Cameral, which helps educate spond to gang activity. As a result of the task and bring about solutions for ranchers and Monday, June 15, 2009 force’s efforts, criminal gang activity has de- farmers on a wide variety of agri-business Mr. PATRICK J. MURPHY of Pennsylvania. clined by more than 50 percent. In order to issues. Multi-university consortiums are very Madam Speaker, I rise today to honor Father sustain and maintain these impressive results, rare because universities compete as much as Francis P. Foley on the 25th anniversary of the task force requested $3 million in funding, they collaborate. The growth, success, and his ordination. which is included in H.R. 2847. longevity of UMAC in large part is due to the In the spirit of John Cardinal O’Connor, who Requesting Member: The Hon. FRANK R. vision, leadership, and commitment of Dr. served both as a Philadelphia priest and as a WOLF Seielstad. U.S. Navy Chaplain, Father Foley has served Provision: State and Local Law Enforcement Even before his arrival at UND, Dr. his congregation and his country honorably. Assistance, Byrne Justice Assistance Grant Seielstad was a notable radio astronomer Father Foley attended St. Charles Borromeo Legal Name of Requesting Entity: Northwest spending time at the University of Alaska, Seminary in Wynnewood, Pennsylvania, just Virginia Regional Gang Task Force Caltech’s Owens Valley Radio Observatory in outside Philadelphia. Address of Requesting Entity: P.O. Box 49, Bishop, California, and the National Radio As- At the age of 23, Father Foley was so in- Berryville, VA 22611 tronomy Observatory at Green Bank, West spired by a mass at the Naval Academy in An- Description of Request: In response to in- Virginia. He graduated summa cum laude with napolis that he decided to become a Navy creasing gang activity in the Shenandoah Val- a degree in Physics from Dartmouth College Chaplain. He persevered in attaining the chap- ley, this task force was established to coordi- and received his PhD in Physics from the Cali- laincy, despite the fact that it took him 5 years nate and share information with their counter- fornia Institute of Technology. More recently, to convince the archdiocese to allow him to do parts at the Northern Virginia Regional Gang he served as Chairman of the National Aero- so. He is a beacon of faith, kindness, and wis- Task Force. According to the Federal Bureau nautics and Space Administration’s Deep

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A15JN8.009 E15JNPT1 jbell on PROD1PC69 with REMARKS E1408 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2009 Space Network Working Group and was ap- completed his studies earning a Masters of Di- cocaine. Over 2,050 non-violent offenders pointed by the Secretary of the Interior to vinity degree in 1976. have participated in UNITE-funded drug serve on the National Satellite Land Remote Archbishop Carlson was ordained to the courts, and more than 1,430 individuals grap- Sensing Data Active Archive Advisory. He has priesthood on May 23, 1970 and served the pling with addiction have received vouchers had over 70 published articles and is the au- Archdiocese of St. Paul and Minneapolis for for treatment. Funding in FY10 will be used to thor of two books and the editor of two more. several years until 1977 when he began grad- continue vital enforcement activities, effective On a personal level, I have been privileged uate studies at the Catholic University of treatment programs partnered with local gov- to enjoy George and his wonderful wife, America, where he earned a Licentiate in ernments, community organizations and faith- Delores, as friends. For someone of his distin- Canon Law. based groups, as well as expand an intensive guished scientific and academic achieve- Thirteen years after his ordination to the education program to warn school children of ments, I have also found George and Delores priesthood Archbishop Carlson was named the dangers of drug abuse. to be warm hearted, caring, down to earth in- Auxiliary Bishop of St. Paul and Minneapolis Requesting Member: Congressman HAROLD dividuals who shared an extraordinary commit- by His Holiness, Pope John Paul II, choosing ROGERS ment to make things better. At an earlier point for his episcopal motto: ANTE CRUCEM Bill Number: H.R. 2487 in his career, George almost won a seat in NIHIL DEFENSIONIS (‘‘Before the Cross Account: NOAA—Operations, Research and Congress. When that avenue to effect change There Is No Defense’’). Archbishop Carlson Facilities was not available, he redoubled his efforts in was later named Coadjutor of the Diocese of Legal Name of Recipient: Eastern Kentucky his own work leaving a legacy of accomplish- Sioux Falls in 1994 and succeeded Bishop PRIDE, Inc. ment that is truly incredible. Paul V. Dudley as the 7th Bishop of Sioux Address of Recipient: 2292 South Highway His impact will be felt by generations to Falls in 1995. Less then ten years later he 27, Somerset, KY 42501 come, by the students he taught, the people was named Bishop of Saginaw by His Holi- Description of Request: Provide $1,000,000 that he worked with, and all those who have ness, Pope John Paul II in December 2004 in directed funding for Eastern Kentucky had the time to get to know him. I wish and was installed as its 5th Bishop in Feb- PRIDE, Inc., the first initiative specifically cre- George and Delores, all their family, the very ruary 2005 by Archbishop Gabriel Montalvo, ated to solve severe environmental degrada- best and offer my hope for continued success Apostolic Nuncio to the United States of Amer- tion problems in southern and eastern Ken- and happiness in the coming years. ica. tucky. PRIDE, a non-profit organization, unites citizens with the resources of federal, state f Archbishop Robert J. Carlson was ap- pointed Archbishop of St. Louis by His Holi- and local governments in order to improve PERSONAL EXPLANATION ness, Pope Benedict XVI, on April 21, 2009. water quality in the region, clean up illegal He is the 9th Archbishop and the 10th Bishop trash dumps and other solid waste, and pro- HON. JOHN H. ADLER of St. Louis since its establishment as a dio- mote environmental awareness and education to break the cycle of pollution. To date, PRIDE OF NEW JERSEY cese in 1826. The St. Louis Archdiocese comprises more has recruited more than 287,720 volunteers, IN THE HOUSE OF REPRESENTATIVES than one-half million Catholics, who worship at provided 28,089 homes with access to sani- Monday, June 15, 2009 its 198 churches and chapels. More than tary wastewater treatment, and cleaned up Mr. ADLER of New Jersey. Madam Speak- 48,700 children attend the 152 Catholic 588,161 bags and an additional 135,884 tons er, on Friday, June 12th, I was unable to vote schools in the Archdiocese. of trash. Funding in FY10 will be used to con- on rollcall vote 335 because I was welcoming I ask that my colleagues join me today in tinue these vital environmental and edu- the New Jersey National Guard home from welcoming Archbishop Carlson and congratu- cational initiatives in Appalachian Kentucky. Iraq. lating him on his new appointment. f The pending matter was H.R. 1256, the f EARMARK DECLARATION Family Smoking Prevention and Tobacco Con- trol Act, which grants the FDA authority over EARMARK DECLARATION the advertising and marketing of tobacco prod- HON. MICHAEL C. BURGESS ucts. HON. HAROLD ROGERS OF TEXAS IN THE HOUSE OF REPRESENTATIVES This legislation is important to my constitu- OF KENTUCKY ents in New Jersey’s Third Congressional Dis- IN THE HOUSE OF REPRESENTATIVES Monday, June 15, 2009 trict because tobacco is the number one Monday, June 15, 2009 Mr. BURGESS. Madam Speaker, pursuant cause of preventable death in America. to the U.S. House of Representatives Repub- Had I been present, I would have voted in Mr. ROGERS of Kentucky. Madam Speaker, lican Leadership standards on earmarks, I am the following manner. pursuant to the House Republican standards submitting the following information regarding Roll call vote 335 (Motion to Concur in the on congressionally-directed funding, I am sub- an earmark I received as part of H.R. 2487, Senate Amendment to H.R. 1256) I would mitting the following information regarding the Commerce, Justice, Science, and Related have voted ‘‘yes.’’ funding included in H.R. 2487, the Commerce, Agencies Appropriations Act, 2010: f Justice, Science, and Related Agencies Ap- (1) Denton Regional Public Safety Training propriations Act of 2010. Facility, Denton, TX—$1,000,000—Byrne Dis- HONORING ARCHBISHOP ROBERT Requesting Member: Congressman HAROLD cretionary/COPS Technology—Congressman J. CARLSON, ARCHBISHOP OF ROGERS MICHAEL C. BURGESS THE ARCHDIOCESE OF SAINT Bill Number: H.R. 2487 The purpose of this project is to provide the LOUIS Account: Department of Justice, Office of new Denton Public Safety Training Facility Justice Programs—Byrne Discretionary Grants with equipment and technology. The re- HON. W. TODD AKIN Legal Name of Recipient: Operation UNITE quested funding will help equip the facility, in- OF MISSOURI Address of Recipient: 2292 South Highway cluding fire simulation equipment, computer- IN THE HOUSE OF REPRESENTATIVES 27, Somerset, KY 42501 ized firearm targeting systems, classroom- Description of Request: Provide $4,450,000 based virtual reality simulation equipment and Monday, June 15, 2009 in directed funding to Operation UNITE, a administrative/classroom multimedia equip- Mr. AKIN. Madam Speaker, I rise today to comprehensive program to combat the ment. The total project cost is $19,260,000— welcome Archbishop Robert J. Carlson who scourge of drug abuse in southern and east- $4,452,000 federal and $14,808,000 City of was installed as Archbishop of the Arch- ern Kentucky by coordinating federal, state Denton. The City of Denton has paid $2.03 diocese of Saint Louis. and local efforts in law enforcement, treatment million for the 88-acre site of the facility, A native of Minneapolis, Minnesota, Arch- and education. Operation UNITE has arrested $205,000 on the master plan for the facility bishop Robert J. Carlson began his seminary 3,028 drug dealers and removed over $8.64 and the City Council has approved education in 1962 at Saint Paul Seminary in million worth of drugs off the street, including $12,600,000 to construct the facility. Saint Paul, Minnesota, earning a Bachelor of 86,068 prescription pills, 450 pounds of mari- City of Denton is located at 215 East McKin- Arts in Philosophy in 1966 and successfully juana, 11.7 pounds of meth and 23 pounds of ney, Denton, TX 76201

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A15JN8.013 E15JNPT1 jbell on PROD1PC69 with REMARKS June 15, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1409 IN RECOGNITION OF THE LEADER- record of 11 minutes 29 seconds. This excep- EARMARK DECLARATION SHIP TRAINING INSTITUTE OF tional win marks the second indoor track and AMERICA field championship won by a women’s team in HON. LAMAR SMITH Shippensburg University history. OF TEXAS HON. JOHN BOOZMAN The team has a history of record breaking. IN THE HOUSE OF REPRESENTATIVES OF ARKANSAS Last year the S.U. squad captured the Penn- Monday, June 15, 2009 IN THE HOUSE OF REPRESENTATIVES sylvania State Athletic Conference record, earning Dell, Huber, Hare and sophomore Mr. SMITH of Texas. Madam Speaker, pur- Monday, June 15, 2009 Jamie McCollum All-American status for their suant to the Republican Leadership standards Mr. BOOZMAN. Madam Speaker, it is my performance at the Division II National Cham- on earmarks, I am submitting the following in- pleasure to recognize and commend the Lead- pionships. Through strength, perseverance, formation regarding earmarks I received as ership Training Institute of America for its out- and devotion the team has proven to be lead- part of the FY 2010 Commerce, Justice, standing contributions to the development of ers of not only the track and field team, but Science and Related Agencies Appropriations our nation’s youth. This organization is chang- throughout the University. They have brought Act. Requesting Member: Congressman LAMAR ing the world and shaping the future by inspir- much pride to Shippensburg University, the SMITH ing Christian leaders to develop their critical surrounding community, family and friends. Bill Number: H.R. 2487 thinking skills, study world view agendas and I congratulate the Shippensburg University Account: DOJ—OJP—Byrne strategies, influence their communities with a Distance Medley Relay Squad on their great Legal Name of Requesting Entity: City of Biblical world view, and excel as leaders. accomplishments. I am sure that they will all Austin LTIA, headquartered in Fayetteville, Arkan- continue to lead and inspire others through Address of Requesting Entity: 301 West 2nd sas, is a cultural think tank that provides high their dedication and hard work. Street, Austin, TX 78701 school and college age students with training Description of Request: I have secured and opportunities in cultural dynamics and f $250,000 for the City of Austin to install secu- leadership values. This organization’s mission RECOGNIZING MEREDITH BUCK, rity cameras in pedestrian-heavy and high- is to identify, inspire, and instruct students for 2009 RECIPIENT OF THE FLOR- crime locations. This technology will allow the world view leadership and it has done that ENCE NIGHTINGALE AWARD Austin Police Department (APD) to ‘‘expand its with hundreds of youth around the world. police force’’ by providing the capability to It is imperative for us to have organizations monitor activity from a central location. The re- like this that are on the forefront of training HON. PATRICK J. MURPHY quested funding may also be used to pur- youth in world view struggles, which enables OF PENNSYLVANIA chase temporary storage space for digital evi- them to defend their beliefs and to understand IN THE HOUSE OF REPRESENTATIVES dence obtained from security cameras and to why traditional, conservative values are impor- Monday, June 15, 2009 purchase a mobile training facility. Police cam- tant to a free and secure society. These are eras have been shown to reduce crime and Mr. PATRICK J. MURPHY of Pennsylvania. the biblical values that our country was found- provide video evidence that bolsters the pros- Madam Speaker, I rise today to honor Mere- ed on. ecution of criminal cases. APD will use the dith Buck as a 2009 recipient of the Florence The students are encouraged to apply and cameras to fight all crime, with a focus on po- Nightingale Medal, the highest international excel in leadership, critical thinking skills, sci- tentially life-threatening crimes such as as- honor in the nursing field. The Medal is award- entific knowledge, historical facts, world view saults and robberies which have recently in- ed by the International Committee of the Red conflicts and strategies and Biblical wisdom. creased in various City locations. Also, as the Cross for ‘‘exceptional courage and devotion They are exposed to the major philosophies, department grows, and on-going officer train- to caring for the victims of armed conflict or views, and issues of our world today and are ing is needed, the mobile facility will greatly other disasters, or exemplary services and a encouraged to pursue careers in influential enhance Austin’s abilities to meet law enforce- creative and pioneering spirit in the areas of sectors of society. ment standards. The versatility of the mobile public health or nursing education’’. Ms. Buck With great pride, I salute the Leadership facility would allow for both daytime and night is one of only 28 nurses in the world receiving Training Institute of America for its unrelenting fire training opportunities at a cost that is sig- this honor in 2009. dedication and commitment in training and nificantly less than the construction of a full Ms. Buck joined the Southeastern Pennsyl- equipping our youth for the challenges they scale range. The City of Austin will match any vania Chapter of the Red Cross immediately will face tomorrow in the dynamic and ever federal funds that the delegation secures for following the attacks of September 11th, and changing world. this project. I certify that neither I nor my has been dedicated to emergency relief ever f spouse has any financial interest in this since. Locally, she has responded to dozens project. SHIPPENSBURG UNIVERSITY of disasters, volunteering as a nurse and as a Requesting Member: Congressman LAMAR DISTANCE MEDLEY RELAY SQUAD Disaster Action Team responder for various SMITH county organizations. Nationally, she has re- Bill Number: H.R. 2487 HON. BILL SHUSTER sponded to twelve disasters in locations rang- Account: DOJ—COPS Technology OF PENNSYLVANIA ing from New York to Texas to Guam. Legal Name of Requesting Entity: City of IN THE HOUSE OF REPRESENTATIVES Ms. Buck has demonstrated remarkable San Antonio, Texas, Police Department leadership in her field, having served as an in- Address of Requesting Entity: 214 West Monday, June 15, 2009 structor for the Emergency Services Depart- Nueva, San Antonio, TX 78207 Mr. SHUSTER. Madam Speaker, I rise ment. She is also the co-captain of the Dis- Description of Request: I have secured today to honor the accomplishments of the aster Health Services Team, a group com- $1,100,000 for the City of San Antonio for the Shippensburg University Distance Medley prised of 126 nurses, nursing assistants, installation of a digital imagery capture and Relay Squad, who won the Division II Track EMTs, and other medical personnel trained to storage system, and in-car video equipment. and Field National Championship and who respond to disaster-affected clients utilizing The first phase will be the conversion of the were the top Division II team at the Penn Red Cross medical assistance. current photographic evidence from current State National Invitational—finishing second Along with these accomplishments, Ms. CD/DVD storage to a dual server and SAN with only one Division I team finishing ahead Buck has repeatedly proven her dedication to storage system. This system would reside in of them in their event. the clients of the Red Cross. From mentoring two separate locations, for security purposes The team of four posted an awe-inspiring new volunteers as a back-up on-call nurse and protection against catastrophic loss. Addi- time of 11 minutes and 30 seconds at the every other day of the week to traveling to a tionally, current Evidence Unit cameras (pho- Penn State Invitational, crushing the former disaster site in the middle of the night, Ms. tographic and video) would be upgraded to conference and school records. Junior Mary Buck has regularly worked all hours for those allow for compatibility with the new system. In Dell, junior Shannon Hare, sophomore Abby in need of her care. order to allow instant downloading of evi- Huber, and freshman Neely Spence went on Madam Speaker, I am proud to recognize dence, the wireless connectivity between the to the national championship meet where they Ms. Meredith Buck for her outstanding com- Evidence Unit vehicles and the servers would also took home the title. They also succeeded mitment to her local community, as well as her be also be upgraded. The second part will be in setting a new championship record of 11 country, and am extremely honored to serve the installation of a video camera and trans- minutes and 24 seconds, besting the previous as her Congressman. mitter-activated equipment in each patrol car

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A15JN8.018 E15JNPT1 jbell on PROD1PC69 with REMARKS E1410 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2009 and motorcycle assigned to the Police Depart- Account: Department of Justice, OJP— Address of Requesting Entity: 1300 I Street, ment’s Traffic Division. This Division is tasked Byrne Sacramento, CA 95814 with city wide traffic and other law enforce- Legal Name of Requesting Entity: The Description of Request: I received $100,000 ment activities and focuses along all major Criminal Justice Training Center, Golden West for the California Department of Justice’s Mo- thoroughfares and arterials. By initiating the College, Huntington Beach, CA bile Live Scan Fingerprint Devices. Funds will program with the Traffic Division, full coverage Address of Requesting Entity: 15744 Golden be used for a Justice Information Sharing ini- of the entire City will be achieved. The imple- West Street, Huntington Beach, CA 92647 tiative called ‘‘Vision 2015’’ that will signifi- mentation of the digital image storage system Description of Request: I received $900,000 cantly enhance the quality and usability of and in car cameras will increase officer safety for Golden West College’s Virtual Interactive criminal justice identification and records infor- and provide high quality documentation and Training Simulator. Funds will be used for pur- mation maintained by the state. The project evidence of police activity. This will translate chase of a virtual training facility for regional will include the deployment of mobile Live into an increase in successful prosecutions law enforcement. The simulator offers a cost- Scan devices for use in police vehicles that and citizen safety. Local funding shortage/ effective approach by creating an engaging will allow officers to capture fingerprint identi- issues have kept this program from being im- virtual training solution. The system immerses fication and arrest information during the cita- plemented. Due to the technical nature of the the trainee in a realistic 3–D environment, with tion and/or arrest of a subject. It is my under- program, a full time position will be required to the sense of immersion being enhanced both standing the California Department of Justice manage and maintain the system. The City of by the high-fidelity situational rendering and by has allocated $3.8 million for this project. It is San Antonio will hire a full time Technician as the ease of navigating through the environ- further my understanding that federal funds a matching portion of the program. Salary and ment using simple controls mounted on the will be used consistent with the following man- benefits for such a position are estimated at tether-free simulated weapons. It is my under- ner: $55,000 per year. I certify that neither I nor my standing funds will be used consistent with the $210,000—purchase and deployment of live spouse has any financial interest in this following manner: scan devices for law enforcement vehicles in project. For the system hardware, software and sim- LA and Orange Counties. Requesting Member: Congressman LAMAR ulated weapons: $463,432 $140,000—purchase and installation of nec- SMITH For the trailer classroom: $252,221 essary software/infrastructure for CA DOJ and Bill Number: H.R. 2487 Truck with towing package: $66,623 local courts. Training of instructors on virtual training sys- Account: DOJ—OJP—Byrne f Legal Name of Requesting Entity: Texas tem: $58,513 State University—San Marcos (on behalf of Twelve training databases and scenarios: IN RECOGNITION OF THE PASSING the City of Lakeway Police Department) $109,211 OF LANE GILCHRIST, MAYOR OF Address of Requesting Entity: 601 Univer- Requesting Member: Congressman DANA GULF BREEZE, FLORIDA sity Drive, San Marcos, TX 78666 ROHRABACHER (CA–46) Description of Request: I have secured Bill Number: H.R. 2847 HON. JEFF MILLER Name of Project: Asian Criminal Enterprise $1,300,000 for Texas State University’s OF FLORIDA Initiative ALERRT Program. ALERRT seeks funding to Account: Department of Justice, OJP— IN THE HOUSE OF REPRESENTATIVES train additional police officers and to further Byrne Monday, June 15, 2009 promote the nationally standardized format Legal Name of Requesting Entity: City of and train-the-trainer capacity to meet the train- Mr. MILLER of Florida. Madam Speaker, I Westminster, CA rise to honor Lane Gilchrist, Mayor of Gulf ing needs of the more than 16,000 police de- Address of Requesting Entity: 8200 West- partments across the nation. This valuable Breeze, Florida, who passed away on June minster Blvd., Westminster, CA 92683 12, 2009. Mayor Gilchrist served the people of training will allow first responding patrol offi- Description of Request: I received $290,000 Northwest Florida with honor and distinction, cers to more effectively deal with acts of vio- for the city of Westminster’s Asian Criminal and I am humbled to recognize this commu- lence before they evolve into full-blown, na- Enterprise Initiative. Funding is for the third tional tragedies. Funding will allow for better- nity leader. and final year of federal funding for the city of Lane Gilchrist spent a lifetime serving oth- trained law enforcement agents and safer Westminster’s Asian Criminal Enterprise Initia- communities. ALERRT provides first respond- ers. After graduating from Auburn University in tive. The detectives assigned to the Little Sai- 1958, Lane joined the United States Navy. He ers with the tactics they will need to effectively gon Substation are already in operation, fo- respond to active shooter situations. Currently, spent over twenty years both on active duty cusing on identifying, investigating and dis- and in the reserve, retiring in 1979 as a Lieu- there are 423 requests pending for ALERRT mantling criminal enterprises, having both na- training. Additional funding for ALERRT would tenant Commander. He also began a career at tional and international implications, within the Gulf Power, and quickly rose through the com- enable the program to train more patrol offi- Little Saigon area. Under this project, the cers, including Lakeway Police Department, pany to become Fuel and Environmental Af- Westminster Police Department’s Crimes fairs Manger. Mr. Gilchrist spent 35 years with and thereby improve the safety of our nation’s Against Public Unit occupies office space with- communities. I certify that neither I nor my Gulf Power, retiring in 1996. in the Little Saigon district of Westminster, In 1982, Lane Gilchrist was elected to the spouse has any financial interest in this placing a powerful investigative engine into the project. City Council of Gulf Breeze. With a salary of heart of the area where Asian Criminal Enter- only one dollar a year, the city council is truly f prises operate. The city will provide a a place for those who want to give back to EARMARK DECLARATION $776,000 match. It is my understanding fed- their community. After serving as Mayor Pro eral funds will be used in the following man- Tem for ten years, Mr. Gilchrist became mayor ner: in 1992 where he remained ever since. In fact, HON. DANA ROHRABACHER Office Space: $60,000 Mayor Gilchrist was one of the longest serving OF CALIFORNIA Utilities: $12,000 active public officials in Florida. His dedication IN THE HOUSE OF REPRESENTATIVES Vehicles/Maintenance: $44,000 to the people of his community was superb. Monday, June 15, 2009 Police Aides: $31,700 Police Service Officer: $96,000 As mayor, Mr. Gilchrist guided Gulf Breeze Mr. ROHRABACHER. Madam Speaker, pur- IT Support: $6,000 through four devastating hurricanes–Erin and suant to the requirements of the Republican Travel/Training: $15,000 Opal in 1995, and Ivan and Dennis in 2004 Conference of the House, I am submitting for Safety Equipment: $10,000 and 2005. His leadership through these trying the RECORD the following information regard- Operational Funds: $15,000 times will be forever remembered by our com- ing earmarks I received, which were included Requesting Member: Congressman DANA munity. in the reported version of H.R. 2847, the ROHRABACHER (CA–46) The people of Gulf Breeze have many rea- ‘‘Commerce, Justice, Science and Related Bill Number: H.R. 2847 sons to be proud of Lane Gilchrist, and I am Agencies Appropriations Act of 2010.’’ Name of Project: Mobile Live Scan Finger- honored to be able to recognize such a great Requesting Member: Congressman DANA print Devices for LA and Orange Counties leader and friend. My wife Vicki and I will keep ROHRABACHER (CA–46) Account: Department of Justice, COPS his entire family, especially his wife, Suzie, Bill Number: H.R. 2847 Tech and sons, Lane, Jr. and Michael, in our pray- Name of Project: Virtual Interactive Training Legal Name of Requesting Entity: California ers. Mayor Gilchrist will be missed by all of us Simulator Department of Justice, Sacramento CA in Northwest Florida.

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\K15JN8.003 E15JNPT1 jbell on PROD1PC69 with REMARKS June 15, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1411 EARMARK DECLARATION shooter. Funding will enable the program to be Science, and Related Agencies Appropriations established as a national training system; to Act of 2010. HON. KAY GRANGER further build train-the-trainer capacity; to en- Texas Cyber Security Research and Train- OF TEXAS hance retention of learned skill by former stu- ing Institute Project. Department of Justice, IN THE HOUSE OF REPRESENTATIVES dents; to provide valuable research and eval- OJP–Byrne. The University of Texas at Tyler, Monday, June 15, 2009 uation to improve first responder abilities; and 3900 University Boulevard, Tyler, Texas to provide investigative training and support 75799, $529,000 to conduct research in con- Ms. GRANGER. Madam Speaker, pursuant for evolving threats. Texas State will provide junction with Mississippi State University on to the Republican Leadership standards on any required matching funds. petroleum industry computer security and train earmarks, I, KAY GRANGER, submit the fol- f law enforcement personnel in computer lowing information regarding earmarks I re- forensics. As cyber technology has progressed ceived as part of the bill making appropriations EARMARK DECLARATION and gained importance internationally, the risk for the Departments of Commerce and Jus- of security breaches and cyber related crime tice, and Science, and Related Agencies for HON. JOHN BOOZMAN has dramatically increased, putting our nation the fiscal year ending September 20, 2010, OF ARKANSAS at extreme risk to neutralization of our ability and for other purposes (H.R. 2847). IN THE HOUSE OF REPRESENTATIVES to produce and utilize energy. This project pro- For the project titled ‘‘Child Abuse Training vides for instruction and training to provide a Monday, June 15, 2009 Programs for Judicial Personnel: Victims Act line of defense against these increased tech- Model Court Project’’ in H.R. 2847, OJP-Byrne Mr. BOOZMAN. Madam Speaker, pursuant nological risks. Discretionary Grants account, the legal name to the House Republican standards on ear- f and address of the requesting entity is the Na- marks, I am submitting the following informa- tional Council of Juvenile and Family Court tion regarding earmarks I received as part of EARMARK DECLARATION Judges, 1041 North Virginia Street, Third H.R. 2487—the Commerce, Justice, Science, Floor, Reno, Nevada 89503. The $1,875,000 and Related Agencies Appropriations Act, HON. RODNEY ALEXANDER in the bill for this project will be used in plan- 2010 OF LOUISIANA ning and programming for work in Model Requesting Member: Congressman JOHN IN THE HOUSE OF REPRESENTATIVES Courts and in jurisdictions nationwide, includ- BOOZMAN Monday, June 15, 2009 ing site-based and local, regional and national Bill Number: H.R. 2487 interdisciplinary training programs; Model Account: DOJ, OJP-Byrne Mr. ALEXANDER. Madam Speaker, pursu- Court site visits; Model Court cross-site visits; Legal Name of Requesting Entity: Criminal ant to the Republican Leadership standards All-Sites Meetings; outreach to national State Justice Institute (CJI) at the University of Ar- on earmarks, I am submitting the following in- Court Improvement Programs; direct technical kansas, 7723 Colonel Glen Road, Little Rock, formation regarding earmarks I received as assistance to Model Courts and other jurisdic- AR 72204 part of the Commerce, Justice Science, and tions nationwide; mentoring of non-Model Address of Requesting Entity: see above Related Agencies Appropriations Act, 2010, Court jurisdictions; publications for national Description of Request: The funding of H.R. 2847. dissemination; research to evaluate Model $600,000 for the Arkansas School Resource Congressman RODNEY ALEXANDER Court work; and networking with national orga- Officer Program will be used to create a uni- H.R. 2847 nizations. This project focuses on improving form School Resource Officer Program for Ar- Department of Commerce—NOAA ORF court practice in handling child abuse and ne- kansas, which currently has no uniform stand- Louisiana State University located at 156 glect cases in jurisdictions across the country, ards, training guidelines or certification re- Thomas Boyd Hall, Baton Rouge, LA 70803. and will have significant impact on the over quirements for School Resource Officers. The The Louisiana Geodetic Spatial Reference 513,000 children in the nation’s foster care funds will provide education and training for Center; $700,000. The goal of this project is to systems. This juvenile justice prevention SRO’s and school officials and provide safe establish a Coastal Risk Management Institute model has provided the ability to courts to not school on-site assessments of Arkansas to build the practices associated with living in only improve their practice, but to provide schools. coastal environments in the US and around long-term solutions to children and families. Requesting Member: Congressman JOHN the world through new partnerships in science, Through judicial education, strategic planning, BOOZMAN art and architecture and policy with engineer- evaluation and technical assistance (TA), this Bill Number: H.R. 2487 ing that reduces coastal hazards and en- project has resulted in reducing the time in the Account: DOJ, COPS-Meth hances societal resiliency. This goal of the In- system for children in foster care and the Legal Name of Requesting Entity: Criminal stitute is made possible by the alignment of numbers of children in care in jurisdictions Justice Institute (CJI) at the University of Ar- coastal resiliency, infrastructure development across the country, and has improved the kansas, 7723 Colonel Glen Road, Little Rock, and emergency management. Coastal resil- quality of care children receive while under the AR 72204 iency is providing communities with accurate court’s jurisdiction. The National Council of Ju- Address of Requesting Entity: see above guidance of risks and ways that regional plan- venile and Family Court Judges is supported Description of Request: The funding of ning through housing development, landscape by a number of funders both federal, state and $575,000 for the Arkansas Methamphetamine architecture, transportation systems and policy private; and national and state-based that sup- Education and Training Project will be used to can be integrated to building smarter neigh- ports related work. Supplemental funding for provide the Arkansas law enforcement com- borhoods in the future to cope with increasing this project has been applied for in the past, munity with methamphetamine-focused challenges of coastal landscapes. Infrastruc- as NCJFCJ continually seeks a variety of courses that emphasize officer awareness and ture development includes designing both built funding sources for its projects. safety, effective management and investiga- and natural assets of coastal regions that For the project titled ‘‘Advanced Law En- tion of methamphetamine-related cases, and must be integrated to provide protection, res- forcement Rapid Response Training the identification and rescue of Arkansas’s toration, and economic development in ways (ALERRT)’’ in H.R. 2847, OJP-Byrne Discre- methamphetamine-affected children. that provide for more sustainable develop- tionary Grants account, the legal name and f ment. Emergency management includes fore- address of the requesting entity is the Texas casting, preparing, responding and mitigating State University, 601 University Drive, San EARMARK DECLARATION the disaster events that occur in coastal re- Marcos, Texas 78666. The $1,300,000 in the gions. You can see how all three features of bill for this project will enable Texas State Uni- HON. LOUIE GOHMERT the proposed Coastal Risks Management In- versity to build ALERRT’s Train-The-Trainer OF TEXAS stitute that is integrated to focus on reducing capacity to meet the training needs of the IN THE HOUSE OF REPRESENTATIVES the risk of living and doing business in our more than 650,000 law enforcement agents critically important coastal margins is of na- across the nation. Since 2002, ALERRT has Monday, June 15, 2009 tional interests. The institute will consist of the trained more than 16,000 first responding pa- Mr. GOHMERT. Madam Speaker, pursuant following: LSU Coastal Sustainability Studio— trol officers. It is an ongoing project to ensure to the Republican Leadership standards on A think tank that will harness earth, ecological that law enforcement officers have the most earmarks, I am submitting the following infor- and environmental systems research with en- up-to-date training available on how to effec- mation regarding earmarks I received as part gineering and landscape architecture to de- tively respond to, address, and stop an active of H.R. 2847, the Commerce, Justice, velop new concepts, knowledge, skills and

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K15JN8.006 E15JNPT1 jbell on PROD1PC69 with REMARKS E1412 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2009 problem solving approaches to be imple- force comprised of deputies across the state ing Endangered Person Information Clearing- mented in coastal regions around the world. who respond to emergency events when house hereinafter referred to as the ‘‘Clearing- LSU Hurricane Center—The Center will be le- needed. The LSA Institute will be housed at house’’. In the first six months, Silver Alerts veraged with existing localized efforts in coast- 1175 Nicholson Drive, Baton Rouge, LA have been activated 58 times resulting in the al hazards modeling and observation systems 70802. The LSA is uniquely positioned to per- direct recovery of 10 elderly persons with de- to provide the knowledge needed for a more form this function as it is governed by the mentia. As this is a relatively new program, integrated approach in coupling earth surface Sheriffs, and it is the Sheriffs who have the not all local law enforcement agencies are dynamics with storm surge modeling; work on greatest Constitutional responsibility for law aware of the program or the criteria to activate toolkits to provide operational services and in- enforcement and public safety at the local a Silver Alert. It is recommended that printed, formation during coastal hazard events; work level, and who have the manpower necessary laminated guides be distributed to patrol offi- with disaster management to improve commu- to cover such functions. Additionally, the long cers. These guides would include the criteria nity resilience and serve emergency managers history of cooperation and coordination among and resources available to law enforcement in operational mode. LSU Coastal Systems LSA, the Chiefs of Police, and other local first when an elderly person with dementia is re- Engineering Laboratory—CSE Laboratory is responder agencies, as well as the state, ported missing. This is the first federal funding an integrated join enterprise amount science, make this project a logical next step toward requested for this project. engineering and high-performance computing providing this training (i.e. emergency re- NATIONAL CLEARING HOUSE FOR SCIENCE, TECHNOLOGY, communities of the region that has implica- sponse, FEMA/DHS rules and regulations, AND THE LAW AT STETSON UNIVERSITY COLLEGE OF LAW tions for increased capability of forecasting dy- etc.) and securing the resources necessary to Account: Department of Justice, Office of namic earth systems using new investments in respond to the next catastrophic event in a Justice Programs, Byrne Discretionary Grants sensors, observations, modeling and cyber in- timely, well organized manner. Legal name and address of requesting enti- frastructure. The CSE Laboratory will pioneer Congressman RODNEY ALEXANDER ty: Stetson University College of Law, 1401 the development of an integrated modeling H.R. 2847 61st Street South, Gulfport, FL 33707 system to support the needs of coastal system Department of Justice—COPS Meth Description of request: $400,000 is included in the bill for the National Clearing House for science and engineering. City of Bastrop, LA, 202 East Jefferson, Science, Technology, and the Law at Stetson Congressman RODNEY ALEXANDER Bastrop, LA 71221. H.R. 2847 Bastrop-Morehouse Parish Meth Initiative; University College of Law to build and main- Department of Commerce—NOAA ORF $650,000. The City of Bastrop is seeking tain the world’s only searchable comprehen- Southern Regional Climate Center, 260 funds to expand efforts to combat meth- sive bibliography on law, science, and tech- Howe-Russell Building, Baton Rouge, LA amphetamine production and trafficking and to nology. This database contains court decisions 70803. enhance policing initiatives in ‘‘drug hot spots’’ and commentary, scholarly publications, com- mercial applications, professional associations NOAA Regional Climate Center program; f $850,000. The funding will be used to con- and institutions, and other resources about tra- tinue and enhance the vital climate data serv- EARMARK DECLARATION ditional and new forensic topics, such as Iden- ices performed by the NOAA Regional Climate tity Theft, Intra and Interstate Tracking of Sex- Centers (RCC). The RCC program was au- HON. C. W. BILL YOUNG ual Predators, Canine Sniff Detection, and thorized by the 1978 National Climate Pro- OF FLORIDA Less Lethal Technologies. It contains 18 re- gram Act. The RCCs are administered by the IN THE HOUSE OF REPRESENTATIVES source categories for each of 33 topics in science and technology. At present, it contains National Environmental Satellite, Data, and In- Monday, June 15, 2009 formation Service (NESDIS) and the National more than 65,000 records, and more than Climatic Data Center (NCDC). The program Mr. YOUNG of Florida. Madam Speaker, 1,500 entries a month are added. Visitors from has been in existence since the mid-1980’s pursuant to the House Republican Standards more than 110 countries have visited the site. and has been funded by Congress every year on Congressional appropriations initiatives, I In addition, comprehensive Cold Case and since its inception. There are six regional cen- am submitting the following information re- Identifying the Missing resources have re- ters located in New York, Illinois, Louisiana, garding projects that were included at my re- cently been added to the site. No other such Nebraska, Nevada and North Carolina. The quest in H.R. 2487, the Fiscal Year 2010 national resource exists. The online database six RCCs are an integral part of the NCDC’s Commerce, Justice, Science, and Related also includes a quarterly newsletter which fo- three tier national climate services support Agencies Appropriations Bill. cuses on the latest topics such as Meth- program, which includes the NCDC, the RCCs FLORIDA SILVER ALERT PROGRAM amphetamine, Shaken Baby Syndrome, Cyber and state climatologists. The RCCs are the Account: Department of Justice, Office of Forensics, Post-Conviction DNA Testing, Bio- only entities in the country—public or private— Justice Programs, Byrne Discretionary Grants terror and the Physician, and Virtual Autop- that provide this type of climate data, analysis Legal name and address of requesting enti- sies. Funding will also enable Stetson to con- and information services. The Federal govern- ty: Florida Department of Law Enforcement, tinue building an important reference collection ment, as well as State and local agencies, rely 2331 Phillips Road of law, science, and technology material to on the climate services the RCCs provide and Description of request: $100,000 is included meet the needs of law enforcement personnel, have no other resource for this information. in the bill for the Florida Department of Law legal professionals, crime lab personnel, na- The funding is for ongoing program expenses, Enforcement for the Florida Silver Alert Pro- tional security professionals, medical exam- which include salaries/benefits, equipment, gram, which is a standardized and coordinated iners, and public health professionals. These supplies, travel expenses, journal page law enforcement and state agency response professions face challenges due to a lack of charges, stakeholder workshops, and indirect to share information with the public to improve access to information regarding new areas of costs. the chances of a safe recovery of a missing science and technology. The Clearinghouse Congressman RODNEY ALEXANDER elderly person suffering from dementia. The reference collection allows access via inter- H.R. 2847 Silver Alert program is designed to quickly dis- library loan to physical materials not readily Department of Justice—COPS Tech seminate descriptive information about a miss- available at local libraries. Important forensic Louisiana Sheriff’s Association, 1175 Nichol- ing person who suffers from dementia, so that science collections are being donated to the son Drive, Baton Rouge, LA 70802. citizens can be on the lookout for the endan- clearinghouse on a regular basis for use by Law Enforcement Technology and Equip- gered elderly person and notify local law en- these professionals. Stetson will use this fund- ment; $300,000. This funding request is for forcement with any relevant information. The ing for two new initiatives. The first is the de- equipment for a new project and is a onetime program is a cooperative effort among Florida velopment of training modules and primers to expense. This funding is for the proposed LSA local and state law enforcement agencies, De- be made available through distance education Institute, which will serve as an education and partment of Transportation, Department of technology. These cross-disciplinary modules training center for local and state law enforce- Elder Affairs and the media. In partnership will focus on training scientists in the complex ment officers. This funding will serve dual pur- with these agencies, the Florida Department of workings of the legal system. They also pro- poses in providing critical technology such as Law Enforcement is requesting funding to im- vide lawyers with much needed education in video, audio and communication equipment prove the current system and to facilitate pub- various scientific and technological disciplines. used for training / education purposes and real lic awareness/education, and outreach. In Oc- Law 101 will focus on testimony skills for ex- life emergency responses. In addition, the LSA tober 2008 the Silver Alert Program became pert witnesses, scientists and law enforcement Institute will also serve as a hub for the Lou- operational in Florida, administered by the personnel. The primers, written by lawyers, isiana Sheriffs’ Emergency Task Force, a task Florida Department of Law Enforcement, Miss- scientists, and educators, will cover the basic

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K15JN8.009 E15JNPT1 jbell on PROD1PC69 with REMARKS June 15, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1413 elements of a science or technology and prin- tional technology delivery systems to meet the and services to those who are currently in jail ciples of law. They will provide practical advice unique training needs and time constraints of to be transferred to JDC. Diverting youth regarding motions in limine, locating and quali- the trainees. These materials are delivered charged with such minor offenses away from fying an expert, direct and cross-examination through traditional classroom training or dis- the center will save on food and medical of the expert, and legal issues that arise in tance learning technologies and the topics are costs, and will free up space to accommodate such cases. The second initiative will be to determined by and based on the needs of the juvenile offenders charged with more serious support the federal DNA initiative. The goal of Departments of Justice and Homeland Secu- crimes, preventing them from being housed in this project is to provide training about the ap- rity. Areas that have been covered in the past an adult correctional facility. Additionally, di- plications and limitations of DNA evidence to include implementation of the National Infra- verting low risk youth and preventing future defense counsel handling cases involving bio- structure Protection Plan, expanding regional system involvement aids in reducing future logical evidence, as stated in the President’s collaboration, implementation of the National youth detention. No previous federal funds DNA Initiative. To achieve this goal, the Clear- Infrastructure Protection Plan, strengthening were requested for this project. inghouse is working closely with the National information sharing and collaboration capabili- PINELLAS COUNTY SHERIFF, JOINT-USE OUTDOOR FIRING Institute of Justice (NIJ) and an expert Advi- ties, and enhancing Chemical, Biological, Ra- RANGE sory Group to develop training that will provide diological/Nuclear, and Explosive detection, re- Account: Department of Justice, COPS Law defense attorneys with the general knowledge sponse, and decontamination capabilities. Pre- Enforcement Technology of the uses of DNA evidence in judicial pro- vious funding of $800,000 was provided in FY Legal name and address of requesting enti- ceedings as it pertains to discovery and eth- 2009. ty: Pinellas County Sheriff, 10750 Ulmerton ics, proper closing arguments, case assess- PINELLAS COUNTY AT-RISK YOUTH DIVERSION PROGRAM Road, Largo, FL 33778 ment, etc. The training will complement other Account: Department of Justice, Office of Description of request: $250,000 is included forensic DNA evidence resources developed Juvenile Justice and Delinquency Prevention in the bill for the Pinellas County Sheriff to de- by NIJ, such as the ‘‘Officers of the Court’’ Legal name and address of requesting enti- velop an outdoor firing range for joint use by CD-ROM, which provides a foundational un- ty: Pinellas County Board of County Commis- local, state, and federal agencies, including derstanding of the science, technology, statis- sioners, 315 Court Street, Clearwater, FL military and federal law enforcement per- tics, and other non-advocacy topics. Training 33756 sonnel. The demonstrated need for such a will occur across the country and will incor- Description of request: $300,000 is included range is the result of a survey of these agen- porate ‘‘Train the Trainer’’ sessions to further in the bill for the Pinellas County Juvenile As- cies, including DEA, U.S. Marshall, U.S. Se- broaden outreach efforts. Previous funding sessment Center to serve as a centralized cret Service, Immigration and Customs En- has been provided to Stetson for the National point of entry for pre-arrest and arrested juve- forcement, FBI, U.S. Coast Guard, Florida Na- Clearinghouse in the following amounts: FY niles. The Center will coordinate an array of tional Guard, U.S. Air Force, NCIS, and U.S. 2003—$1,768,430, FY 2004—$2,968,432, FY proven best practices and research-based Marine Corps which found that these agencies 2005—$2,959,930, FY 2006—$1,682,119, FY methods of community-based treatment and lack sufficient outdoor facilities to practice and 2009—$400,000. ancillary services to enable law enforcement qualify for firearms proficiency. The Pinellas and social services to work together to access County Board of County Commissioners has NATIONAL FORENSIC SCIENCE TECHNOLOGY CENTER Account: Department of Justice, Office of and determine the best needs and services for provided $500,000 to complete pre-construc- Justice Programs, Byrne Discretionary Grants each youth. Juveniles will be screened to tion requirements including architectural serv- Legal name and address of requesting enti- identify their unique needs and issues, includ- ices; civil engineering; environmental site as- ty: The National Forensic Science Technology ing history, home environment and behavior sessment; structural engineering; mechanical, Center, 7881 114th Avenue North, Largo, FL for inclusion in the associated programs. Addi- electrical and plumbing engineering; site sur- 33773 tional assessments will be administered for veying and geotechnical testing. $500,000 was Description of request: $2,000,000 is in- those with mental health and/or substance included in FY 2009. cluded in the bill for the National Forensic abuse issues. Case managers will be on call f to assist youths with residential or outpatient Science and Training Center (NFSTC), which EARMARK DECLARATION is a Department of Justice-selected Forensic services; mentoring and recreational activities; Technology Center of Excellence. With these counseling; and aftercare. Low risk offenders funds, the NFSTC will continue to provide for between the ages of 7 and 14 will be as- HON. TODD RUSSELL PLATTS OF PENNSYLVANIA the Office of Justice Programs an assessment sessed for referral to the Pinellas County IN THE HOUSE OF REPRESENTATIVES program to audit the capabilities and quality of Sheriff’s On-Track early intervention program DNA laboratories throughout the United States that provides guidance in an intensive and Monday, June 15, 2009 which receive agency funding. NFSTC not structured environment. The program serves Mr. PLATTS. Madam Speaker, pursuant to only assists laboratories in improving their per- at-risk youth, both male and female who are the Republican Leadership standards on ear- formance in DNA analysis, but also provides current students residing in Pinellas County. marks, I am submitting the following informa- grant recipients with an objective review of The youth who are between 7 and 14 years tion regarding earmarks I have received as their use of federal funds. Previous funding old are either first time offenders experiencing part of H.R. 2487, the Commerce, Justice, has been provided to NFSTC, which employs problems at school (truancy, violence, suspen- Science, and Related Agencies Appropriations 34 people in Pinellas County, Florida, in the sions, other school problems) or are experi- Act, 2010. following amounts: FY 2000—$1,899,822, FY encing problems at home (ungovernable be- Adams County Department of Emergency 2001—$2,594,280, FY 2002—$8,500,000, FY havior). This program is expected to provide Services: Adams County Department of Emer- 2003—$2,980,000, FY 2004—$1,978,000, FY new avenues and opportunities for both high gency Services is the Public Safety Answering 2005—$1,973,286, FY 2007—$1,973,286, FY risk and low risk youth. An evaluation of the Point for Adams County. The entity provides 2008—$2,030,400, FY 2009—$1,750,000. program will be conducted including impact to Public Safety Communications to all Emer- NATIONAL TERRORISM PREPAREDNESS INSTITUTE AT ST. recidivism for the high risk offenders. For the gency Response Agencies within Adams PETERSBURG COLLEGE On-Track program, outcome rates of 50 per- County. Adams County would use this funding Account: Department of Justice, Office of cent reduction in unexcused absences and to develop a new, standards based wireless Justice Programs, Byrne Discretionary Grants school related disciplinary referrals along with communication system that will operate in the Legal name and address of requesting enti- a 50 percent increase in community referrals 700 MHz and 800 MHz bands. This is a good ty: St. Petersburg College, 3200 34th St. for families and improvement in family commu- use of taxpayer funds because the system South, St. Petersburg, FL 33711 nication skills are expected goals. The pro- would be capable of supporting all public safe- Description of request: $1,500,000 is in- gram is anticipated to have positive outcomes ty operations in the County and would allow cluded in the bill for the National Terrorism of both a human and economic nature. Cur- for increased interoperability. I certify that nei- Preparedness Institute (NTPI) at St. Peters- rently, the county is housing over 50 youth a ther my spouse nor I have a direct or foresee- burg College, for training support programs for month in the detention center for Failure to able financial interest in this project. ($200,000 law enforcement and other emergency re- Appear currently at $178 per day. In Decem- in the Community Oriented Policing Services sponders through the rapid research, develop- ber 2008, the average length of stay at the Ju- Account) ment, and delivery of customized anti-ter- venile Delinquency Center was nine days, Adams County Department of Emergency rorism training and professional development which means for 50 juveniles with Failure To Services materials and scenario models. NTPI seeks to Appear violations, the detention costs of 230 Greenamyer Lane, Gettysburg, PA deliver the highest quality content and instruc- $80,100 could be diverted to provide bed days 17321

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K15JN8.010 E15JNPT1 jbell on PROD1PC69 with REMARKS E1414 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2009 Carlisle Borough: Carlisle Borough is a mu- multaneously gathering evidence of a crime. gogue on its 119th anniversary, to honor the nicipal government located in Cumberland Funds would be used to purchase medical contributions of Rabbi Arthur Schneier and to County. Carlisle Borough would use this fund- supplies and cover exam costs. This is a good recognize the achievements of the remarkable ing to acquire between 25 and 50 surveillance use of taxpayer funds because York County individuals the Synagogue is honoring at its cameras to be installed in public areas in ranks as the third highest county in our Com- annual gala. downtown Carlisle. The cameras would be op- monwealth for substantiated cases of child Park East Synagogue was established in erated remotely at the Carlisle Police Depart- abuse. Currently, less than 10% of the chil- 1890 to serve the Jewish community of the ment. Cameras would be of a mobile, wireless dren involved in substantiated cases receive a Upper East Side of Manhattan. The Syna- variety so that they can be relocated if nec- forensic medical exam. I certify that neither my gogue was originally called Congregation essary. This is a good use of taxpayer funds spouse nor I have a direct or foreseeable fi- Zichron Ephraim in memory of the father of its because Carlisle has experienced an increase nancial interest in this project. ($60,000 in the first President, Jonas Weil. Today, Park East in crime, specifically robberies, which pose a Office of Justice Programs, Juvenile Justice Synagogue is one of the nation’s leading mod- public safety threat. The project is expected to Account) ern Orthodox congregations and an invaluable deter crime and assist in the apprehension of York County Children’s Advocacy Center asset to New York City. Park East Synagogue suspects. I certify that neither my spouse nor 28 South Queen Street, York, PA 17403 plays a vital role in the cultural, civic and spir- I have a direct or foreseeable financial interest f itual life of New York City, thanks to the dyna- in this project. ($200,000 in the Community mism of its congregants and its remarkable Oriented Policing Services Account) EARMARK DECLARATION Rabbi, Arthur Schneier. Park East Synagogue Carlisle Borough provides the opportunity for spiritual growth, 53 West South Street, Carlisle, PA 17031 HON. JEFF MILLER Jewish education and spiritual comfort for indi- Cumberland County Government: Cum- OF FLORIDA viduals, families, and the surrounding commu- berland County would use this funding to relo- IN THE HOUSE OF REPRESENTATIVES nity, and fulfills its commitment to providing in- cate and replace communications infrastruc- spiring Jewish and general studies education Monday, June 15, 2009 ture that is essential to the operation of the to both children and adults. Department of Public Safety, the Office of Mr. MILLER of Florida. Madam Speaker, The building in which the Synagogue is Emergency Preparedness (including the Emer- pursuant to the Republican Leadership stand- housed is an architectural jewel. Its Byzantine gency Operations Center), and the 911 Public ards on earmarks, I am submitting the fol- architectural style with dome-like cupolas, Safety Answering Point. This is a good use of lowing information regarding earmarks I re- elaborately designed arched portico and large taxpayer funds because the County is a crit- ceived as part of the Fiscal Year 2010 Com- stained-glass windows make the building a ical regional player in emergency planning and merce, Justice Science and Related Agencies beautiful historical landmark. response and this facility would assist Cum- Appropriations bill. The Leon and Gina Fromer Park East Reli- berland County in executing these responsibil- Requesting Member: Congressman Jeff Mil- gious School and The Rabbi Arthur Schneier ities. I certify that neither my spouse nor I ler Park East Day School offer children an intro- have a direct or foreseeable financial interest Project Name: Escambia Emergency Radio duction to Jewish life in a nurturing and en- in this project. ($200,000 in the Community Infrastructure Replacement couraging setting. The Day School, which Oriented Policing Services Account) Account: COPS Law Enforcement Tech- Rabbi Schneier founded more than 25 years Cumberland County Government nology ago, offers children from early childhood 1 Courthouse Square, Room 200, Carlisle, Legal Name of Requesting Entity: Escambia through 8th grade a combined general aca- PA 17013 County, FL demic and Jewish studies curriculum, with a Survivors, Inc: Survivors, Inc. is a 501(c)(3) Address of Requesting Entity: 221 Palafox decidedly global focus. not-for-profit organization which supports indi- Place, Suite 420, Pensacola, FL 32502 Rabbi Arthur Schneier is the heart and soul viduals who experience domestic violence or Description of Request: $1,000,000— of Park East Synagogue, where he has been sexual assault. Survivors, Inc. provides a 24- Escambia Emergency Radio Infrastructure Re- the Senior Rabbi since 1962. A Holocaust sur- hour crisis counseling hotline, shelter services, placement, Escambia, Florida. I requested vivor, he is founder and president of the Ap- transitional housing, supportive counseling, these funds for emergency radio infrastructure peal of Conscience Foundation, which is dedi- support groups, and legal advocacy for individ- and equipment in Escambia County, Florida in cated to promoting religious tolerance and uals affected by domestic violence or sexual Fiscal Year 2010. The entity to receive funding freedom throughout the world. He has been assault. Survivors, Inc. would use this funding for this project is Escambia County, Florida lo- honored repeatedly for his efforts, including to partially fund staff salaries, on-call stipends, cated 221 Palafox Place, Suite 420, Pensa- the U.S. Presidential Citizens Medal. Under and expenses for hotline provision. This is a cola, FL 32502. The funding would be used to his leadership, Park East Synagogue has ex- good use of taxpayer funds because safety is upgrade the county’s emergency radio equip- panded significantly and gained both national one of the most essential needs to both indi- ment and infrastructure and bring Escambia and international recognition. Most recently he viduals and society. When an individual is not County into compliance with the Federal Com- has revitalized a tradition of cantorial music by safe in their own home they must have re- munications Commission’s mandated changes bringing renowned Cantor Yitzhak Meir Helfgot sources available to them to meet their needs. to the emergency radio spectrum. I certify that of Jerusalem to Park East Synagogue as its I certify that neither my spouse nor I have a this project does have a direct and foresee- Chief Cantor. direct or foreseeable financial interest in this able effect on the pecuniary interest of my At tonight’s Gala, Park East Synagogue is project. ($25,000 in the Office of Justice Pro- spouse or me. Consistent with the Republican honoring several extraordinary individuals who grams, Byrne Account) Leadership’s policy on earmarks, I hereby cer- have displayed their exceptional commitment Survivors, Inc. tify that this request (1) is not directed to any and dedication to the Park East community. 233 West High Street, Gettysburg, PA entity or program named after a sitting Mem- Harry Lis is being honored as Patron of 17325 ber of Congress; (2) is not intended for a Education. Born in Munich and the son of Hol- York County Children’s Advocacy Center: ‘‘front’’ or ‘‘pass through’’ entity; and (3) meets ocaust survivors, Harry has demonstrated his The York County Children’s Advocacy Center or exceeds all statutory requirements for commitment to the Jewish communities in is a 501(c)(3) not-for-profit organization that matching funds where applicable. Germany, Israel, and the United States. He is works to reduce the trauma of child abuse in- f a great supporter of education, and a dedi- vestigations, foster professional collaboration cated member of Park East Synagogue. He and cooperation, and promote education and IN RECOGNITION OF THE 119TH AN- serves on the Board of Trustees and is a pa- advocacy regarding the prevention of child NIVERSARY OF PARK EAST SYN- tron of Park East Day School. abuse within the community. The York County AGOGUE Barbara and Barry Zimmerman are receiv- Children’s Advocacy Center would use this ing the Community Leadership Award for their funding to establish the Sexual Assault Foren- HON. CAROLYN B. MALONEY involvement in the daily life of the Synagogue. sic Examiners (SAFE) Team. SAFE Team OF NEW YORK Both have leadership roles in the Synagogue’s members are registered nurses who have ad- IN THE HOUSE OF REPRESENTATIVES organizations. Barbara is a Vice-President and vanced education and clinical preparation in a Director of Park East Sisterhood, and has forensic examination of sexual assault victims. Monday, June 15, 2009 been named ‘‘Woman of Achievement’’ by the The SAFE Team would provide compas- Mrs. MALONEY. Madam Speaker, it is my Sisterhood. Barry is currently the President of sionate care to victims of child abuse by si- pleasure to pay tribute to Park East Syna- the Park East Men’s Club and has previously

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K15JN8.011 E15JNPT1 jbell on PROD1PC69 with REMARKS June 15, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1415 been honored as Men’s Club Man of the Year EARMARK DECLARATION EARMARK DECLARATION and as a Chatan Torah of Park East. Alla and Phil Weisberg are receiving the HON. ROY BLUNT Parent Leadership Award for their dedication HON. GINNY BROWN-WAITE OF MISSOURI to Park East Day School. With two children at OF FLORIDA IN THE HOUSE OF REPRESENTATIVES the Day School, the Weisbergs are an ex- IN THE HOUSE OF REPRESENTATIVES tremely involved family. Phil serves on the Monday, June 15, 2009 Monday, June 15, 2009 Day School Board of Education and Alla is a Mr. BLUNT. Madam Speaker, pursuant to past co-President of the Parents Association. Ms. GINNY BROWN-WAITE of Florida. the House Republican standards on earmarks, Their desire to make education accessible to Madam Speaker, pursuant to the Republican I am submitting the following information re- all is visible through their generosity to the Leadership standards on earmarks, I am sub- garding earmarks I received as part of H.R. Day School Scholarship Fund. mitting the following information regarding ear- 2847—Commerce, Justice, Science, and Re- Madam Speaker, I ask my distinguished col- marks I received as part of H.R. 2847, the lated Agencies Appropriations Act, 2010. leagues to join me in recognizing the 119th Commerce, Justice, Science and Related Account: Department Of Justice—COPS anniversary of Park East Synagogue and in Agencies Appropriations Act of 2010. Law Enforcement Technology paying tribute to these outstanding individuals I requested two projects in H.R. 2847. They Legal Name of Requesting Entity: Greene for their extraordinary commitment to the com- include: County, MO munity of Park East Synagogue. Address of Requesting Entity: 933 N. $800,000 for the Lake County Board of Robberson, Springfield, MO 65802 Commissioners located at 315 West Main St., f Description of Request: $350,000 is in- P.O. Box 7800, Tavares, FL 32778. This fund- cluded for the Greene County Emergency Op- EARMARK DECLARATION ing will help Lake County to fund an 800 Mhz eration Center. These funds will be used for radio system and go towards equipment and the necessary equipment for emergency oper- technology for the Emergency Operations HON. GREGG HARPER ations in Greene County, MO. The equipment Center of Lake County. OF MISSISSIPPI will include computers, software, televisions, IN THE HOUSE OF REPRESENTATIVES $200,000 for the Marion County Board of video conference equipment and other spe- County Commissioners located at 601 SE Monday, June 15, 2009 cialized equipment for the facility. The use of 25th Avenue, Ocala, FL 34471. This funding taxpayer funds is justified because this equip- Mr. HARPER. Madam Speaker, pursuant to will help to fund the purchase of technology ment is necessary for interoperability of all the Republican Leadership standards on ear- that captures fingerprints required for FBI agencies in the event of any type of disaster. marks, I am submitting the following informa- criminal background checks, through the rest Account: Department of Justice—COPS tion regarding earmarks I received as part of of the patrol vehicles. The equipment and soft- Law Enforcement Technology H.R. 2847—Commerce, Justice, Science, and ware will collect demographic data and finger- Legal Name of Requesting Entity: Jasper Related Agencies Appropriations Act, 2010: print scans and submit both to the appropriate County Commission, Carthage, MO Requesting Member: Congressman Gregg background check authority, which will, in turn, Address of Requesting Entity: Jasper Coun- Harper provide instant feedback. The request is in ac- ty Commission, 302 S. Main St., Carthage, Bill Number: H.R. 2847 cordance with priorities established by the MO 64836 Account: DOC, NOAA–ORF Florida Department of Law Enforcement, who Description of Request: $250,000 is in- Project Name: NOAA Northern Gulf Institute has indicated a desire for all law enforcement cluded for the Cornerstone Regional Justice Recipient and Address: Mississippi State agencies across the state to have consistency Information System. These funds will be used University, P.O. Box 9627, Mississippi State, in the equipment used for fingerprinting. to procure law enforcement information shar- MS 39762 ing and records management software, laptop Amount: $700,000 f computers, high speed data cards, multi- Project Description: The NGI defines the EARMARK DECLARATION modal biometric identification equipment, and Northern Gulf of Mexico region as the upland network connectivity hardware for multiple and watershed, coastal zone, and coastal counties in Southwest Missouri. The use of ocean areas from the Sabine River, LA in the HON. THOMAS E. PETRI taxpayer funds is justified because this equip- west to the Suwannee River, FL in the east. ment will be used to enhance cooperative OF WISCONSIN The Northern Gulf is a rich and interdependent multi-jurisdictional law enforcement efforts by natural environment of great complexity and is IN THE HOUSE OF REPRESENTATIVES improving communications and criminal infor- important to the region and the nation. The Monday, June 15, 2009 mation sharing among local and state agen- riverine-dominated Northern Gulf ecosystems cies in Southwest Missouri. are under pressure from increasing population Mr. PETRI. Madam Speaker, pursuant to Account: Department of Justice—COPS and coastal development, impacts from severe the Republican Leadership standards on ear- Law Enforcement Technology storms and climate variability, inland water- marks, I am submitting the following informa- Legal Name of Requesting Entity: Taney shed and coastal wetlands degradation, and tion regarding an earmark I received as part of County Commission, Forsyth, MO many other factors. NGI has chosen an ap- H.R. 2847—Commerce, Justice, Science, and Address of Requesting Entity: Taney County proach to Northern Gulf Region issues, prob- Related Agencies Appropriations Act, 2010: Commission, 127 Main Street, Forsyth, MO lems and opportunities that is closely aligned Requesting Member: The Honorable THOM- 65653 with NOAA’s strategic and research priorities AS E. PETRI Description of Request: $400,000 is in- and its user community. Bill Number: H.R. 2847 cluded for the White River Area Emergency Requesting Member: Congressman Gregg Project. This funding will be used to create a Harper Account: Commerce, Justice, Science, and Related Agencies—COPS Law Enforcement data sharing network and purchase and imple- Bill Number: H.R. 2847 Technology ment the latest mobile data computers, net- Account: DOJ, OJP–Byrne work hardware, and criminal justice informa- Project Name: Regional Counterdrug Train- Legal Name of Requesting Entity: City of tion sharing software for all law enforcement ing Academy Waupun Police Department, Waupun, Wis- agencies in Taney County. This funding will Proposed Recipient and Address: Mis- consin enable Taney County, MO to purchase and sissippi Military Department, FH–MS, P.O. Box Address of Requesting Entity: 16 E. Main implement a county wide, multi-jurisdiction 5027, Jackson, MS 39296 St., Waupun, Wisconsin 53963 public safety mobile data network as well as a Amount: $300,000 Description of Project: This $30,000 from criminal justice information sharing system. Project Description: Using the existing facili- the COPS Law Enforcement Technology ac- The use of taxpayer funds is justified because ties, staff and support structure of the regional count will be used by the Waupun Police De- this project will greatly enhance overall inves- Counterdrug Training Academy, the CJS partment to purchase new communication tigations and increase officer safety by ena- Byrne Grant funding will result in training an equipment to become P25 compliant and bling instant access to critical time sensitive additional 300 first responders in prevention of more effectively respond and communicate information on the street, when they need it terrorism and response to terrorist incidents. with other jurisdictions in the area. most.

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\K15JN8.013 E15JNPT1 jbell on PROD1PC69 with REMARKS E1416 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2009 EARMARK DECLARATION cantly to the scientific community, helping to Account: Department of Justice, Office of establish a sound base of knowledge in the Justice Programs, COPS account. HON. DOC HASTINGS field of botany. Legal Name and Address of Requesting En- OF WASHINGTON As the oldest continually operating botanical tity: City of Houston, Mayor’s Office of Public Safety & Homeland Security, 900 Bagby, 2nd IN THE HOUSE OF REPRESENTATIVES garden in the United States, Missouri Botan- ical Garden has provided Saint Louisans and Floor, Houston, Texas 77002. Monday, June 15, 2009 visitors from across the globe with the best in Description of Request: Provide an earmark Mr. HASTINGS of Washington. Madam horticultural displays. Recently, this home- of $1,350,000 to the City of Houston to ac- Speaker, to provide open disclosure, I am grown institution received its re-accreditation quire interoperable communications equipment submitting the following information regarding from the American Association of Museums, so that the city’s first responders can commu- projects that I support for inclusion in H.R. the field’s primary vehicle for quality assur- nicate on a 700MHz trunked public safety 2487, the Commerce, Justice, Science, and ance. The Missouri Botanical Garden was rec- radio system that will provide full and contin- Related Agencies Appropriations Act of 2010. ognized for its commitment to excellence in all uous interoperability with the 800MHz regional Amount: $500,000. that it does: governance, collections steward- radio system. Communications in the Houston Account: U.S. Department of Justice—Office ship, public programs, financial stability, high area are hampered by incompatible and aging of Community Oriented Policing Services. professional standards, and providing the best equipment, disparate radio systems, and lim- Entity receiving funds: City of Yakima lo- possible services to the public. ited funding. First responders in Houston are cated at 129 North 2nd Street, Yakima, WA Today, 150 years after opening, the Mis- responsible for protecting the highest density 98901. souri Botanical Garden is a National Historic of critical infrastructure in Texas, including the Description: These funds will be used to Landmark and a center for science, conserva- Port of Houston, the petrochemical industry, continue development of a system that allows tion, education and horticultural display. the largest medical center in the world, and all the public safety agencies in Yakima Coun- I ask that my colleagues join me today in extensive commercial assets. ty to integrate their data communications and congratulating the Missouri Botanical Garden Requesting Member: Congressman JOHN records systems. This system will provide for its achievements and thanking Dr. Raven CULBERSON. comprehensive data to all local law enforce- for his stewardship of this national treasure. Bill Number: H.R. 2847 ment officials, as well as federal and state f Account: Department of Justice, Office of agencies. Justice Programs, Byrne Grant account. Amount: $400,000. EARMARK DECLARATION Legal Name and Address of Requesting En- Account: U.S. Department of Justice, Office tity: City of Houston, Mayor’s Office of Public of Justice Programs. HON. JOHN ABNEY CULBERSON Safety & Homeland Security, 900 Bagby, 2nd Entity receiving funds: Yakima County lo- OF TEXAS Floor, Houston, Texas 77002. cated at 128 North 2nd Street, Yakima, WA IN THE HOUSE OF REPRESENTATIVES Description of Request: Provide an earmark of $350,000 for the Targeted Narcotics En- 98901. Monday, June 15, 2009 Description: Funds will be used to develop forcement Team (TNET) in Houston. TNET is and implement a county-wide comprehensive Mr. CULBERSON. Madam Speaker, pursu- an enforcement group whose mission is to response to the serious and worsening youth ant to the Republican Leadership standards carry out investigations addressing the broad gang problem in the region, including preven- on earmarks, I am submitting the following in- spectrum of drug trafficking in and through the tion, intervention, and suppression programs. formation regarding earmarks I received as Houston region. Their goal is to identify, tar- f part of H.R. 2847, the FY2010 Commerce, get, and disrupt or dismantle major drug traf- Justice, and Science Appropriations bill: ficking organizations operating on a regional COMMEMORATING 150 YEARS OF Requesting Member: Congressman JOHN scale. TNET also works through its coalition of OPERATION OF THE MISSOURI CULBERSON. investigators, attorneys, inspectors, and citizen BOTANICAL GARDEN & CON- Bill Number: H.R. 2847 groups to target the dealers and end users GRATULATING THE WORK OF ITS Account: Department of Justice, Office of that make the drug trafficking organizations CURRENT PRESIDENT, DR. Justice Programs, Byrne Grant account. profitable. With drug violence spilling over into PETER H. RAVEN Legal Name and Address of Requesting En- the streets of Houston, this funding will help tity: Texas Border Sheriff’s Coalition, 4141 provide resources needed for TNET to con- HON. W. TODD AKIN Pinnacle Suite 213, El Paso, Texas 79902. tinue their mission. OF MISSOURI Description of Request: Provide an earmark Requesting Member: Congressman JOHN IN THE HOUSE OF REPRESENTATIVES of $4,850,000 to the Texas Border Sheriff’s CULBERSON. Coalition. It is my understanding that the fund- Bill Number: H.R. 2847 Account: Depart- Monday, June 15, 2009 ing would be used to pay for overtime, hire ment of Commerce, National Oceanic and At- Mr. AKIN. Madam Speaker, I rise today to additional deputies, and purchase equipment mospheric Administration, Operations, Re- commemorate 150 years of operation by the for the Sheriffs along the Texas-Mexico border search and Facilities account. Missouri Botanical Garden and to congratulate to secure the border against drug and human Legal Name and Address of Requesting En- the work of its current president, Dr. Peter H. smugglers. Texas Border Sheriff’s Coalition tity: The JASON Project, 44983 Knoll Square, Raven. was organized on May 4, 2005 and is rep- Suite 150, Ashburn, VA 20147. The garden was the conception of a suc- resented by the Chief Law Enforcement Offi- Description of Request: Provide an earmark cessful businessman, Henry Shaw, who cer of each respective county along the for $4,000,000 for the development of stand- moved to Saint Louis in the early nineteenth Texas-Mexico border. Texas Sheriffs are em- ards-based science curriculum for middle century to begin his career in the hardware powered by the Texas Constitution to protect school students and professional development business. His business grew along with the the lives, property, and the rights of the peo- programs to increase teacher effectiveness. city as he outfitted pioneers, who were head- ple, maintain order and security in the United America’s economic prosperity rests on sci- ing west into the newly purchased territories. States along the Texas border with the Re- entific and technological prosperity. Every As his wealth grew, Shaw turned his attention public of Mexico to enforce the law impartially, major organization representing education, to his true passion, horticulture. He estab- and provide police service in partnership with business and government has documented lished and maintained a personal garden on other law enforcement agencies and commu- the critical situation in U.S. science, tech- his estate and on June 15th, 1859, he opened nity partners. Sheriffs are totally accountable nology, engineering and mathematics (STEM) it to the public. Upon his death, Shaw’s will to the people of their county. education and issued a call for aggressive ac- established the Missouri Botanical Garden as The Texas border county sheriffs have re- tion. This initiative by The JASON Project will a charitable trust on the grounds of his estate ceived funding from Congress in the last 3 ap- be used to develop a standards-based science in south Saint Louis, where it remains to this propriations cycles to defend our borders. curriculum for middle school students, and day. They are using this funding to put more depu- professional development programs to in- In continuing the vision and passion of its ties on the streets, purchase equipment, and crease teacher effectiveness. These materials founder, the Missouri Botanical Garden has reduce illegal crossings. will help prepare U.S. students to enter a com- grown into one of the premier research institu- Requesting Member: Congressman JOHN petitive global workplace in the STEM fields, tions in the world. Throughout its history, the CULBERSON. enabling our nation to remain at the forefront garden and its staff have contributed signifi- Bill Number: H.R. 2847 in research, development and technology.

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\K15JN8.018 E15JNPT1 jbell on PROD1PC69 with REMARKS June 15, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1417 EARMARK DECLARATION Description of Request: $500,000. Washoe law enforcement agencies located across nine County is the second most populous county in counties in Southeastern Michigan. CLEMIS HON. CHRISTOPHER J. LEE Nevada, occupying 6608 square miles. contributes wireless network technology to the OF NEW YORK Washoe County Sheriff’s Office Patrol Divi- mobile data computers in patrol vehicles. IN THE HOUSE OF REPRESENTATIVES sions will use this Federal funding to purchase f In-Car Video Systems which have proven to IN SUPPORT OF THE TOWN OF Monday, June 15, 2009 be useful in the collection of evidence, in- WILLIAMS, ARIZONA Mr. LEE of New York. Madam Speaker, pur- creased perception of safety by Patrol Offi- suant to the Republican Leadership standards cers, and improved confidence in the law en- on earmarks, I am submitting the following in- forcement community by the citizenry. These HON. ANN KIRKPATRICK formation regarding an earmark I received as systems have also proven useful during inter- OF ARIZONA part of the Commerce and Justice, and nal affairs investigations, reducing agency li- IN THE HOUSE OF REPRESENTATIVES Science Appropriations bill. ability, evaluations of policies and procedures, Monday, June 15, 2009 Requesting Member: Congressman CHRIS- as well as training. The use of a wireless In- Mrs. KIRKPATRICK of Arizona. Madam TOPHER LEE (NY–26) Car Video System would satisfy all of these Speaker, I rise today in recognition of the Bill Number: H.R. 2847 concerns for the Washoe County Sheriff’s Of- great town of Williams, Arizona. Widely known Account: Office of Justice Programs—Byrne fice. as the Gateway to the Grand Canyon, Wil- Discretionary Grants Requesting Member: Congressman DEAN liams celebrated the 128th anniversary of its Legal Name of Requesting Entity: Genesee HELLER founding on Sunday, June 14th. Community College Bill Number: H.R. 2847 Named for William ‘‘Old Bill’’ Williams, the Address of Requesting Entity: One College Account: DOJ—OJP-Juvenile Justice town has grown from a rough-and-rowdy fron- Road, Batavia, NY 14020 Legal Name of Requesting Entity: National tier outpost to a thriving 21st-century commu- Description of Request: Provide an earmark Council of Juvenile and Family Court Judges nity, already listed on the National Register of of $537,000 for the Integrated Campus Secu- Address of Requesting Entity: 1041 North Historic Places and striving to make even rity Initiative that will install digital surveillance Virginia Street, Third Floor, Reno, Nevada more history. cameras; a talk-a-phone emergency and pag- 89503 In the words of Williams Main Street Asso- ing system; fire and audio warning public ad- Description of Request: $600,000. The Na- ciation Manager Jean-Ellen Kegler, ‘‘I get to dress systems; and doors with keyless entry tional Council of Juvenile and Family Court witness the daily, continuous ’founding’ of our locks on all Genesee Community College Judges (NCJFCJ), the nation’s premier judicial town. Every day I observe so many people campuses in Batavia, Albion, Arcade, education organization, has been providing choosing to put their small concerns aside in Dansville, Medina, Lakeville, and Warsaw, NY. critical education to members of the judiciary favor of a better quality of life for the greater Of the total project amount, approximately for decades. Located on the University of Ne- community.’’ $66,000 (or 11%) is for digital surveillance and vada, Reno campus, its long and outstanding I congratulate Williams, Arizona on its 128 security cameras; approximately $75,000 (or reputation for providing cutting-edge training years of prosperity, and on behalf of this Con- 12%) is for emergency phones and paging for judges and other system professionals in gress wish the town 128 more. system; approximately $185,000 (or 30%) is areas related to court practice is nationally f for fire and audio systems; and approximately recognized. The National Council uses these EARMARK DECLARATION $291,000 (or 47%) is for doors with keyless Federal dollars to provide training to judges entry locks. This funding will complete the nationwide on child abuse and neglect, juve- project. To date, Genesee Community College nile delinquency, divorce, custody and visita- HON. MARIO DIAZ-BALART has established the network, the bandwidth tion, substance abuse, and mental health and OF FLORIDA necessary to achieve the project; formed nec- educational needs of children, among other IN THE HOUSE OF REPRESENTATIVES essary relationships with area law enforce- topics. Monday, June 15, 2009 ment, including MOU’s that define all roles; f Mr. MARIO DIAZ-BALART of Florida. and set aside $80,000 (or 13%) for the EARMARK DECLARATION Madam Speaker, I submit the following. project. Requesting Member: Representative MARIO The Integrated Campus Security Initiative DIAZ-BALART (FL–25) will provide additional safety for all members HON. MIKE ROGERS Bill Number: H.R. 2847 of the College community and the right envi- OF MICHIGAN Account: Department of Justice, Commerce, ronment that enhances student learning and IN THE HOUSE OF REPRESENTATIVES Science, Justice and Related Agencies Name of Requesting Entity: City of Home- institution effectiveness. The College also Monday, June 15, 2009 trains local law enforcement officers for four stead counties and this project will present an addi- Mr. ROGERS of Michigan. Madam Speaker, Address of Requesting Entity: 790 N. Home- tional training tool for these officers. pursuant to the House Republican standards stead, FL, 33030 Description of Request: I have secured f on earmarks, I am submitting the following in- formation regarding earmarks I received as $500,000 for Emergency Wireless Law En- EARMARK DECLARATION part of H.R. 2847, FY2010 Commerce, Jus- forcement Technology. This funding will would tice, Science, and Related Agencies Appro- be used to install a city-wide Wi-Fi network HON. DEAN HELLER priations Act. that would enhance the City’s public safety OF NEVADA Requesting Member: Congressman Mike and emergency services communications. The IN THE HOUSE OF REPRESENTATIVES Rogers (MI) City proposes to install 24 to 40 access points Bill Number: H.R. 2847 per mile throughout the 14 square miles of the Monday, June 15, 2009 Account: COPS Technology City, which would serve as a supplement to Mr. HELLER. Madam Speaker, pursuant to Legal Name of Requesting Entity: Oakland Homestead’s existing wired network, and the Republican Leadership standards on ear- County Sheriff’s Office would greatly enhance the City’s ability to pro- marks, I am submitting the following informa- Address of Requesting Entity: 1201 N. Tele- vide more efficient and cost effective services. tion regarding earmarks I received as part of graph Road, Pontiac, MI 48341 This project will result in increased efficiency H.R. 2847 the Commerce, Justice, Science, Description of Request: Provide funding of in public service and reduce response times to and Related Agencies Appropriations Act, $1,025,000 for law enforcement technology to emergencies by providing easy access and 2010: assist in fingerprinting and criminal identifica- communication to multiple agencies and re- Requesting Member: Congressman DEAN tion. This funding would be used to complete sponse teams simultaneously. The use of HELLER a three part biometric identification enhance- wireless technology will also minimize expo- Bill Number: H.R. 2847 ment project. $450,000 would be used for soft- sure to dangerous weather during storm Account: DOJ—COPS Tech ware, $125,000 would be used to upgrade pa- events and minimize the likelihood of loss of Legal Name of Requesting Entity: Washoe trol cars, and $450,000 would be used for service during and after storm events. In addi- County Sheriff’s Department portable devices. The Oakland County Sher- tion to investment in public safety prepared- Address of Requesting Entity: 911 Parr Bou- iff’s Office is the lead agency for this request ness, deployment of city-wide Wi-Fi tech- levard, Reno NV 89512 on behalf of ‘‘CLEMIS,’’ a consortium of 105 nology would spur economic development and

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\K15JN8.021 E15JNPT1 jbell on PROD1PC69 with REMARKS E1418 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2009 e-commerce by aiding businesses and citizens Services Technology. This Federal Funding fering from trauma and emotional problems. by providing low cost internet access and would be used to support the acquisition of As a result of the comprehensive training, cor- services, which would also serve as a key public safety technology equipment for the rectional staff who have never had to ‘‘stand component in bridging the digital divide for Collier County Emergency Services Center and deliver’’ in front of a group often become those citizens and businesses which lack (ESC), which is being constructed on a 20- more interested and motivated to take an ac- internet access. The City anticipates the total acre site on Lely Cultural Parkway, just south tive role in guiding these troubled youth away cost of this project to be approximately $2 mil- of Rattlesnake Hammock Road. The ESC will from a life of crime. The staff then conducts lion. However the project could be imple- be approximately 130,000 square feet, four interactive ARISE groups with the youth in mented in phases, with the first phase costing stories and includes a communications tower. their charge. When the youth learn positive life approximately $500,000 and would create ap- Occupants will include the Emergency Man- and social skills, this information enables them proximately 10 jobs in the local economy. agement staff, Emergency Operations Center to make better life choices, reduces the rate of Requesting Member: Representative MARIO (EOC), Information Technology, Sheriff’s Sub- recidivism, and decreases the rate of juvenile DIAZ-BALART (FL–25) station and 911 Center, and Clerk of Courts. crime. Bill Number: H.R. 2847 Technology needs include GIS and improved f Account: Department of Justice, Commerce, interoperable communications. Science, Justice and Related Agencies Requesting Member: Representative MARIO EARMARK DECLARATION Legal Name of Requesting Entity: The City DIAZ-BALART (FL–25) of Doral Bill Number: H.R. 2847 HON. ANH ‘‘JOSEPH’’ CAO Address of Requesting Entity: 8300 NW Account: Department of Justice, Commerce, OF LOUISIANA 53rd St, Suite 100, Doral, FL 33166 Science, Justice and Related Agencies IN THE HOUSE OF REPRESENTATIVES Description of Request: I have secured Legal Name of Requesting Entity: Miami- Monday, June 15, 2009 $750,000 for the City of Doral Public Safety & Dade County, FL Surveillance System. This federal funding Address of Requesting Entity: 111 NW 1st Mr. CAO. Madam Speaker, pursuant to the would be used for the creation of a city-wide St., Suite 1032, Miami, FL 33128 Republican Leadership standards on ear- closed circuit video system, to be managed Description of Request: I have secured marks, I am submitting the following informa- and monitored by the City’s Police Depart- $150,000 for the Miami-Dade County Mort- tion regarding earmarks I received as part of ment. The City of Doral Police Department gage Fraud Task Force. This Federal Funding H.R. 2487—the Commerce, Justice, Science, serves the public safety and traffic needs of would be used for the creation of a mortgage and Related Agencies Appropriations Act, the rapidly-growing population and vibrant fraud task force national model to train law en- 2010: community. With the City’s current population forcement individuals in those identified com- As requested by me, Rep. Anh ‘‘Joseph’’ nearing 40,000 residents (and quickly grow- munities which represent the ten (10) highest Cao, H.R. 2487—the Commerce, Justice, ing), City of Doral public officials created a po- concentrated areas affected by mortgage Science, and Related Agencies Appropriations lice department in 2008 to deal with the traffic fraud. The Miami-Dade County MFTF will Act, 2010, provides for the National Marine influx and public safety concerns that come serve as a national model based on its proven Fisheries Service, Silver Spring, MD in support with any burgeoning city. It is anticipated that performance. The national model will be co- of the Shrimp Industry Fishing Effort Research the City’s current 71% growth rate will in- ordinated by Miami-Dade County and adminis- Continuation project. This is in the NOAA– crease the population to 65,000 residents by tered by the United States Department of Jus- ORF account in the amount of $750,000. This the year 2012. The goal of this system is to tice The anticipated benefits include a more will benefit the Southern Shrimp Alliance. P.O. provide added protection against commercial effective process of dealing with and pros- Box 1577, Tarpon Springs, FL 34688 for fund- theft and increased security for all of Doral’s ecuting mortgage fraud in Miami-Dade County ing for data collection to determine shrimp residents and visitors. This project is esti- and nationwide, and eventually, a decrease in fishery compliance with federal regulations to mated to create six new jobs in the City of the occurrence of mortgage fraud. This project reduce bycatch and rebuild red snapper. Spe- Doral. has the support of the Miami-Dade County cifically, the National Marine Fisheries Service Requesting Member: Representative MARIO Board of County Commissioners, the Mayor of (NMFS) has promulgated regulations to end DIAZ-BALART (FL–25) Miami-Dade County, and the Director of the overfishing and rebuild the Gulf red snapper Bill Number: H.R. 2847 County’s Police Department (MDPD). fishery that require a 74% reduction in shrimp Account: Department of Justice, Commerce, Requesting Member: Representative MARIO fishing effort to reduce bycatch in red snapper Science, Justice and Related Agencies DIAZ-BALART (FL–25) habitat areas. Failure to achieve this effort re- Legal Name of Requesting Entity: City of Bill Number: H.R. 2847 duction triggers the closure of the shrimp fish- Hialeah Account: Department of Justice, Commerce, ery in these areas. Consequently, the regula- Address of Requesting Entity: 501 Palm Av- Science, Justice and Related Agencies tions necessitate implementation of a program enue, Hialeah, FL 33010 Legal Name of Requesting Entity: The to closely monitor shrimp fishing effort which is Description of Request: I have secured ARISE Foundation the program funded by this ongoing appropria- $250,000 for the Hialeah police Equipment Address of Requesting Entity: 824 US Hwy tion. The principal tools used to measure Upgrades. This federal funding would be used 1, Suite 240, North Palm Beach, FL, 33408- shrimp fishing effort are Electronic Logbooks for the City of Hialeah police department’s cur- 3838 (ELBs). This funding would support the devel- rent radio system which currently does not Description of Request: I have secured opment, manufacture, and deployment of ELB allow for radio interoperability among other law $550,000 for the ARISE Life-Management technology in the US shrimp fleet and the col- enforcement agencies. This is especially im- Skills Intervention/Re-entry Program for High- lection and analysis of data generated, per- portant during times of statewide response to Risk Youth. The funding will be used by The formed by a NMFS contractor (LGL Associ- natural disasters, domestic security incidents ARISE Foundation to provide juvenile justice ates). Continued annual funding to further or multi-agency jurisdictional public safety ef- facilities with specialized staff training and equip the entire active shrimp fleet (about forts. The XPS radio system would bridge the unique curricula to teach life lessons and de- 1200 vessels) is necessary to meet these reg- current gap and achieve interoperability with velop thinking skills for incarcerated youth ulatory requirements requiring 5–6 more years the State of Florida by replacing and upgrad- needed to break the cycle of violence and at $1,500,000 per year. The program is able ing fixed end, portable and mobile radio com- crime in order to reduce recidivism rates. The to operate through 2009 with prior year fund- munication equipment. ARISE Intervention-Re-entry program provides ing that will run out in FY2010, causing termi- Requesting Member: Representative MARIO Florida Juvenile Justice Staff on a statewide nation of the program well before it is fully im- DIAZ-BALART (FL–25) basis with in-depth training and specialized plemented. This is a good use of taxpayer Bill Number: H.R. 2847 ARISE Life Management Skills lessons to con- funding because this research is not only crit- Account: Department of Justice, Commerce, duct guided group discussions with incarcer- ical to achieving Federal statutory and regu- Science, Justice and Related Agencies ated high-risk youth. Topics include anger and latory fishery conservation requirements, it is Legal Name of Requesting Entity: Collier conflict management, how to get a job and crucial to the future survival of the shrimp fish- County, FL keep it, why violence, substance abuse and ery in all Louisiana coastal parishes and Address of Requesting Entity: 3301 E. gangs will wreck their lives and other vital sub- throughout the Gulf. Additionally, this will ben- Tamiami Trail, Naples, FL 34112 jects. The ARISE program has been devel- efit Wild American Shrimp, Inc. 10 Wharfside Description of Request: I have secured oped so it is easily absorbed and understood Street, Charleston, SC 29401 for a marketing $800,000 for the Collier County Emergency by youth reading at very low levels often suf- program for domestic warm water shrimp.

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K15JN8.025 E15JNPT1 jbell on PROD1PC69 with REMARKS June 15, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1419 Specifically, this marketing program by Wild fenders office. This is a valuable use of tax- ing September 30, 2010, and for other pur- American Shrimp, Inc. (WASI), is dedicated to payer funding because New Orleans is histori- poses.’’ securing a sustainable future for the U.S. Gulf cally, economically, and culturally valuable to Requesting Member: Congressman JOHN and South Atlantic shrimp harvesting and the United States, and assuring public safety DUNCAN. processing industries by developing new prod- is critical to maintaining the health of the city. Account: Department of Justice, Office of ucts and implementing a quality assurance f Justice Programs—Juvenile Justice certification program that assures consumers Project Amount: $250,000. that they are purchasing a premium product EARMARK DISCLOSURE Legal Name of Requesting Entity: Childhelp harvested from the wild in American waters. of East Tennessee, 2505 Kingston Pike, Knox- The funding will be used towards a national HON. ROB BISHOP ville, TN 37919. research and development program for new OF UTAH Description of Request: This funding will be products, improved quality assurance and cer- IN THE HOUSE OF REPRESENTATIVES used to assist Childhelp in expanding its im- tification, and marketing of domestic wild portant services to more children in Knox Monday, June 15, 2009 shrimp from the states of North Carolina, County and the surrounding region who have South Carolina, Georgia, Florida, Alabama, Mr. BISHOP of Utah. Madam Speaker, pur- suffered abuse. Specifically, the Children’s Mississippi, Louisiana and Texas. This is a suant to the Republican Leadership standards Center of East Tennessee will expand its fo- good use of taxpayer funding because the do- on earmarks, I am submitting the following in- rensic interview capacity and related services mestic warm water shrimp industry remains an formation for publication in the CONGRES- to more Knox County children who have, in important part of coastal communities in these SIONAL RECORD regarding earmarks I received the past, been turned away, as well as its states (especially in Southeastern Louisiana) as part of H.R. 2847, the Commerce, Justice, community based forensic interview and med- and the resource is healthy and the fishery is Science, and Related Agencies Appropriations ical examination services. sustainable. Act, 2010. Requesting Member: Congressman JOHN As requested by me, Rep. Anh ‘‘Joseph’’ Requesting Member: ROB BISHOP DUNCAN. Cao, H.R. 2487—the Commerce, Justice, Bill number: H.R. 2847 Account: Department of Justice, COPS Law Science, and Related Agencies Appropriations Account: Office of Juvenile Justice and De- Enforcement Technology. Act, 2010, provides for Boys Town, Louisiana, linquency Prevention Project Amount: $750,000. New Orleans, LA in support of Expansion of Legal name and address of requesting enti- Legal Name of Requesting Entity: City of Boys Town Louisiana Projects project. This is ty: Ogden City School District, located at 1950 Maryville, 404 W. Broadway Avenue, Mary- in the OJP–JJ account in the amount of Monroe Blvd., Ogden, Utah 84401. ville, TN 37801. $147,000. This project will benefit Boys Town Description of project: $375,000 to the Description of Request: This funding will be of Louisiana 700 Frenchmen Street, New Orle- Ogden City School District for the Ogden Ju- used to allow public safety and public works ans, LA 70116 for programs for at-risk youth. venile Delinquency Prevention Initiative, to col- departments to co-function on the same net- Specifically, these funds will be used to con- laborate with the district juvenile court and work and would also allow these departments tinue and expand an integration of the Boys Morgan-Weber Mental Health Department to to communicate directly in an emergency with Town Treatment Family Home program and its create a comprehensive delinquency, gang, one another without interference from other In-Home Family Services program to serve and violence prevention program. users. more at-risk girls and boys (in the juvenile jus- Requesting Member: ROB BISHOP f tice system) and their families. It is expected Bill number: H.R. 2847 that through these services, youth recidivism Account: Edward Byrne Discretionary INTRODUCTION OF THE IMPROV- of criminal behavior will be greatly reduced as Grants ING ACCESS TO CLINICAL will the need for further out-of-home-place- Legal name and address of requesting enti- TRIALS ACT OF 2009 ment, including that of a correctional or prison ty: Clearfield City, Utah, located at 55 South facility. This is a good use of taxpayer funds State Street, Clearfield, Utah 84015. HON. EDWARD J. MARKEY because these youth will be find alternative Description of project: $425,000 to Clearfield OF MASSACHUSETTS outlets to crime and will be more focused on City for the Digital Technology for Drug En- IN THE HOUSE OF REPRESENTATIVES education and other productive activities. forcement Initiative, to purchase digital law en- Monday, June 15, 2009 As requested by me, Rep. Anh ‘‘Joseph’’ forcement equipment to help combat drug and Cao, H.R. 2487—the Commerce, Justice, gang-related problems in Clearfield. Mr. MARKEY of Massachusetts. Madam Science, and Related Agencies Appropriations Requesting Member: ROB BISHOP Speaker, I rise today to introduce the Improv- Act, 2010, provides for the New Orleans Bill number: H.R. 2847 ing Access to Clinical Trials Act. I would like Crime Coalition/New Orleans Business in New Account: COPS Meth account to thank my colleague and fellow co-chair of Orleans, LA in support of the New Orleans Legal name and address of requesting enti- the bipartisan Cystic Fibrosis Caucus, Mr. Crime Coalition. This is in the OJP–JJ account ty: American Detoxification Foundation, lo- CLIFF STEARNS of Florida, for working with me in the amount of $1,500,000. This project will cated at 3090 S. Main Street, Salt Lake City, on this important legislation. benefit the New Orleans Crime Coalition New UT 84118. Approximately 30,000 children and adults in Orleans Business Council 1615 Poydras Description of project: $200,000 to the Utah the United States have cystic fibrosis, a life- Street, Suite 986 for their comprehensive Meth Cops Program, to treat law enforcement threatening genetic lung disease for which crime efforts. Specifically, the New Orleans officers that are experiencing detrimental there is no cure. In my home state of Massa- area was devastated by Hurricane Katrina in health effects from their exposure, during the chusetts, nearly 800 families are affected by 2005 and severely damaged again in 2008 by course of duty, to chemicals involved with the this horrible disease. Hurricane Gustav. Crime—especially the mur- production of methamphetamine. In the three years since we founded the bi- der rate—in the city continues to rise, and f partisan Congressional Cystic Fibrosis Cau- travelers to and residents of New Orleans are cus, I am proud to say that we have steadily beginning to lose faith in the public safety of EARMARK DECLARATION increased the Caucus’ membership and cur- the city. For a city that depends on tourism rently have 138 members, many of whom are and business travel, this would be devastating HON. JOHN J. DUNCAN, JR. joining us today as original cosponsors of this to the economy. The requested funding will OF TENNESSEE important bill. provide much-needed crime fighting tools, re- IN THE HOUSE OF REPRESENTATIVES Cystic fibrosis affects parents, who awaken sources, and infrastructure to help the commu- in the middle of the night so they can pound nity take back the streets in the struggle for Monday, June 15, 2009 on their child’s chest to clear the abnormally post-Katrina recovery in New Orleans. Specifi- Mr. DUNCAN. Madam Speaker, consistent thick, sticky mucus that makes breathing dif- cally, this funding will comprise elements of with House Republican Earmark Standards, I ficult. It affects their children, who cough and any or all of the following: additional staff for am submitting the following earmark disclo- wheeze and are at constant risk for life-threat- the New Orleans Police Department; D.A./ sure information for project requests that I ening lung infections. And it affects their loved Prosecutorial support; Juvenile Justice serv- made and which were included within H.R. ones, who want the child to have a healthy life ices, including training and day center facili- 2847, ‘‘Making appropriations for the Depart- but have to worry about the unpleasant alter- ties; additional Drug Court programs; and, ad- ments of Commerce and Justice, and Science, native of a shortened life expectancy marked ditional staff for the Orleans Parish Public De- and Related Agencies for the fiscal year end- by frequent visits to the hospital.

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\K15JN8.026 E15JNPT1 jbell on PROD1PC69 with REMARKS E1420 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2009 But there is hope for these families. We are Bill Number: H.R. 2847 dents of crime in these schools. In particular, in a time of tremendous opportunity and hope Account: Department of Justice; Community the University will work with schools such as in medical research. In the 1950s, children di- Oriented Policing Services (COPS) Law En- Bremen High School, Paulding County Middle agnosed with cystic fibrosis usually did not live forcement Technology School, Chattooga High School, and Polk long enough to enter kindergarten. Back then, Legal Name of Requesting Entity: Cobb County High School. there were no drugs for people with cystic fi- County (GA) Government The establishment of an emergency re- brosis. Today, through advances in medical Address of Requesting Entity: 100 Cherokee sponse capability will help K–12 schools and research, four respiratory drugs have been St., Marietta, GA 30090 other colleges and universities in many ways. brought to market and the median age of sur- Description of Request: The project furthers It will aid state agency, school district, and vival is about 37 years. the National Emergency Communications Plan local school personnel develop emergency These advances would not have been made Strategic goal of 2010, 2011, and 2013. Pro- preparedness plans that will help insure the without the important clinical research con- tecting the health, safety, and welfare of its safety of an otherwise defenseless population. ducted by dedicated doctors and scientists citizens is a top priority for the local govern- This funding will be used to (1) provide tech- from all around the world. In fact, there are ment. Cobb County is a key player in devel- nical assistance to support schools and dis- more than 30 cystic fibrosis therapies currently oping a regional interoperable communications tricts in developing comprehensive plans re- in some stage of clinical trial research. Unfor- system that covers 11 counties from Metro At- flective of the all-hazards approach; (2) pro- tunately, because cystic fibrosis affects a lanta to Alabama. The linking of like radio sys- vide evaluation services to help schools and small population, many of these trials are hav- tems will expand coverage, coordinate re- districts improve already developed plans and ing difficulties recruiting patients. sponses, improve communication, and de- to determine the feasibility of partnerships The Improving Access to Clinical Trials Act crease response time in the event of natural (with first responders) and procedures (evacu- is designed to increase access to clinical trials or man-made disasters, including terrorism. ation of special needs students) necessary for for patients of rare diseases, like cystic fibro- Cobb County continues to plan for, create, effective implementation; and (3) assist sis, by modifying Supplemental Security In- and promote communications interoperability. schools and districts in developing capacity for come (SSI) eligibility rules. In accordance with This fact is evident with the acquisition and in- maintaining continuity of instruction in the established ethical standards, many clinical stallation of Homeland Security funded inter- event of prolonged school closure. trials offer compensation for patient participa- operability switch for Project 25 public safety The Fiscal Year 2010 funds will consist of tion. Current eligibility rules for SSI count such radio systems’ participation and connectivity to the following budget items: Project Manager compensation as income, making some indi- the Urban Area Security Initiative (UASI) inter- ($65,000), Equipment ($46,000), Supplies viduals suffering from rare diseases ineligible operable communication system, working ($35,000), Training ($30,000), Evaluation for SSI benefits because compensation for groups and governing body; intergovernmental ($44,000), and Administration and Accounting participation in the trial would put their income cooperation with the City of Douglasville and ($30,000). over the SSI eligibility threshold. This forces the West Area Regional Radio System f patients to choose between participating in im- (WARRS); and participation and leadership in portant clinical trials and keeping their SSI All Hazards Area 7 Communications Sub- EARMARK DECLARATION benefits—a cruel choice no one should ever committee for the State of Georgia. have to make. This $1,000,000 added to H.R. 2847 will be HON. TIM MURPHY Our bill will encourage patients suffering used in its entirety for the purchase of the OF PENNSYLVANIA from rare diseases to participate in promising necessary software, hardware, and microwave IN THE HOUSE OF REPRESENTATIVES clinical research that may lead to cures, better equipment to connect Project 25 radio sys- Monday, June 15, 2009 treatments, and ultimately, saved lives, without tems in Forsyth and Cobb County to establish Mr. TIM MURPHY of Pennsylvania. Madam having to worry that they could lose the SSI regional connectivity. These funds will be used Speaker, pursuant to the Republican Leader- benefits they depend on. to establish microwave connectivity, link sys- ship standards on earmarks, I am submitting You know, they say that the most powerful tems together, and upgrade the radio system’s the following information regarding earmarks I four-letter word in the English language is operating platform so that all systems are received as part of H.R. 2847, Commerce, HOPE. functioning at the same level. Justice, Science, and Related Agencies Act, Hope . . . that we can raise awareness of Specifically, the Fiscal Year 2010 will con- 2010: the families struggling with cystic fibrosis and sist of the following budget items: Operating Requesting Member: Congressman TIM other rare diseases. System Equipment and Software ($400,000), MURPHY Hope . . . that, through research, we will Microwave Equipment ($400,000), and Engi- Bill Number: H.R. 2847, Commerce, Justice, find better treatments and ultimately a cure. neering and Installation Services ($200,000). Science, and Related Agencies Appropriations Hope . . . that our children will have to Requesting Member: Congressman PHIL turn to the history books to learn what cystic Act, 2010 GINGREY Account: Department of Justice; Juvenile fibrosis was. Bill Number: H.R. 2847 This bill will give hope to more patients who Justice Account: Department of Justice; Office of Legal Name of Requesting Entity: Kids suffer from CF that they can access innovative Justice Programs (OJP) Byrne Discretionary Voice therapies that could some day cure them of Grants Address of Requesting Entity: 437 Grant this dreadful disease. Legal Name of Requesting Entity: University Street, Suite 700, Pittsburgh, PA 15219 I urge my colleagues to cosponsor and sup- of West Georgia Amount: $500,000 port this legislation. Address of Requesting Entity: 1601 Maple Description of Request: The funding would f St., Carrollton, GA 30118 be used to increase their impact in the com- EARMARK DECLARATION Description of request: Major incidents, munity and to support programs that are of- whether they result from natural phenomena fered to abused and neglected children in Alle- HON. PHIL GINGREY or are a result of criminal behavior, have dev- gheny County. astating effects on learning and academic In addition, KidsVoice seeks to increase its OF GEORGIA achievement. Federal studies show that emer- impact by expanding services that will help cli- IN THE HOUSE OF REPRESENTATIVES gency plans in many school districts remain ents become productive adults, despite the Monday, June 15, 2009 unpracticed and are outside National Incident obstacles they face. The funding will expand Mr. GINGREY of Georgia. Madam Speaker, Management System (NIMS) guidelines. Fur- KidsVoice efforts in assisting foster youth to pursuant to the Republican Leadership stand- thermore, less than one third of school dis- pursue post-secondary education, job training ards on earmarks as well as in accordance tricts in the nation include any procedure for and employment. I certify that this project with Clause 9 of Rule XXI, I am submitting the continuation of instruction in the event of ex- does not have a direct and foreseeable effect following information for publication in the tended school closure. This initiative would ad- on the pecuniary interests of me or my CONGRESSIONAL RECORD regarding earmarks I dress these shortcomings and prescribe prac- spouse. received as part of H.R. 2847, the Commerce, ticed solutions. I took extreme care to ensure that these Justice, Science, and Related Agencies Act, The $250,000 included in H.R. 2847 will projects are well vetted and strongly supported 2010. allow the University of West Georgia to work within the community. The KidsVoice appro- Requesting Member: Congressman PHIL with K–12 schools in surrounding high crime priation is of particular interest to my district GINGREY neighborhoods to prevent and respond to inci- and importance to my constituents.

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A15JN8.022 E15JNPT1 jbell on PROD1PC69 with REMARKS June 15, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1421 HONORING THE GENEROSITY OF In 2000, Sandra Otaka was appointed to the 6239 B Street, Suite 204 CLAYTON MACKAY Cook County Circuit Court, and in 2002, she Anchorage, AK 99518 was reelected—the first Asian American judge Description of how the money will be spent HON. STEVE ISRAEL in Cook County to do so. and why the use of federal taxpayer funding is OF NEW YORK Judge Otaka is remembered for her con- justified: TASSC will take a two pronged ap- IN THE HOUSE OF REPRESENTATIVES tinual fight for the Asian American community proach to sea lion biosampling. First, TASSC Monday, June 15, 2009 and as an advocate for diversity on the bench. will work with two high harvest communities to She is survived by her sister, Susan Smith, fund local monitors-local residents that will Mr. ISRAEL. Madam Speaker, I rise today and her nephew, Jeffery, who she raised as work with the hunters and facilitate sea lion to pay tribute to the generosity displayed by her own after her brother’s death. biosampling and help to monitor and docu- one of my constituents, first-grader Clayton In closing, Madam Speaker, I ask my col- ment the local environment. Secondly, TASSC MacKay. His act of donating prize money to leagues to join me in mourning the passing of will train approximately 25 coastal Alaska resi- an Ecuadoran shelter was reported on Friday, Sandra Otaka. She is truly deserving of our dents on proper sample collection techniques June 12, 2009 in my hometown newspaper, respect and admiration. and protocols from those sea lions harvested Newsday. I am proud of the example he set f for subsistence. and would ask that this article be submitted Subsistence hunted Steller sea lion biosam- into the CONGRESSIONAL RECORD. EARMARK DECLARATION ples are very valuable to the research commu- [From Newsday, June 12, 2009] nity. Collection and analysis of these samples FIRST GRADER MAKING A DIFFERENCE HON. CATHY McMORRIS RODGERS can provide critical information that no other Frank J. Carasiti Elementary School first OF NEW YORK source can provide. It is recognized as a top grader Clayton MacKay wanted to help peo- IN THE HOUSE OF REPRESENTATIVES priority activity in the 1992 and soon to be fi- ple, so he decided to make a difference in the nalized Steller Sea Lion Recovery Plan. The lives of others by donating $20 in prize Monday, June 15, 2009 importance of collecting samples from animals money he won at a recent Easter celebration Mrs. McMORRIS RODGERS. Madam taken for subsistence is widely recognized by to Blanca House, a shelter located in Ecua- Speaker, pursuant to the Republican Leader- such groups as the National Marine Mammal dor. The Frank J. Carasiti Elementary ship Standards on earmarks, I am submitting School administration and staff recognized Lab, Alaska Department of Fish and Game, the following information regarding earmarks I Clayton for his thoughtful donation during a Alaska Sea Life Center and the University of received as part of H.R. 2487, the Commerce, monthly school assembly. Alaska. Teacher Cecilia Doolittle explained that Justice, Science and Related Agencies Appro- Appropriated Amount: $500,000 she has been talking to the students about priations Act of 2010. Detailed Finance Plan: the school’s participation in a program to I, Congresswoman MCMORRIS RODGERS, re- Personnel & Fringe Costs: $312,300 ship children’s books and medical supplies to quested $500,000 on behalf of Washington this philanthropic organization. ‘‘He asked Travel: $89,000 State University, located at 1036 Wilson Road; Supplies: $13,700 me if he should donate some of his money to Pullman, Washington 99164. The application Blanca House, but after our conversation he Contractual: $50,000 decided to donate all of his prize money to submitted on Washington State University’s Biosamplers: $10,000 this organization,’’ Ms. Doolittle com- behalf requested funding from the Department Printing: $21,000 mented. ‘‘We are really proud of Clayton.’’ of Justice’s Office of Justice Program’s Ed- Sample Shipping: $4,000 f ward Bryne Discretionary Grant Account. This Project Name: Sexual Assault Response funding will be applied to the Washington Team Center MOURNING PASSING OF JUDGE State University Research Center for the Bill Number: H.R. 2487 SANDRA OTAKA Study of Addiction: Methamphetamine, Pre- Department of Justice, OJP-Byrne scription, and Other Drugs of Abuse. Legal name and address of entity receiving HON. MICHAEL M. HONDA The Washington State University Program earmark: OF CALIFORNIA of Excellence is known for its cutting-edge, The Sexual Assault Response Team IN THE HOUSE OF REPRESENTATIVES world-class research into the treatment and (SART) Center Monday, June 15, 2009 prevention of methamphetamine abuse. This Municipality of Anchorage request will utilize existing infrastructure, which P.O. Box 196650 Mr. HONDA. Madam Speaker, l rise today currently focuses on methamphetamine abuse, Anchorage, AK 99519 to mourn the passing of Judge Sandra Otaka, to focus on prescription drug abuse. Funds will Description of how the money will be spent who died of natural causes at the age of 57 be used to provide for one research fellow, in- and why the use of federal taxpayer funding is on the 6th of June, 2009. As the first Asian- cluding necessary equipment and materials, to justified: Funding will be used for the contin- American to be elected judge in Cook County, be a faculty member in the Center of Excel- ued development and operations of the Mu- and the second in Illinois, she was a strong lence. The individual will be responsible for fo- nicipality of Anchorage Sexual Assault Re- advocate for the Asian American and Pacific cusing on the effective treatment and preven- sponse Team (SART) Center. This project will Islander community. tion of prescription drug abuse. support victims through care while partici- Born in California as a sansei, or third-gen- pating in investigation and prosecution and f eration Japanese American, she was a politi- help in prosecution of sexual assault cases cally active young woman. She campaigned EARMARK DECLARATION through professional evidence collection, doc- against the Vietnam War before enrolling as umentation, preservation and processing. an undergraduate at UC Berkeley at the age HON. DON YOUNG The SART Center is essential in the collec- of 28. During her time at Berkeley, Otaka OF ALASKA tion of evidence through the forensic medical worked to overturn the conviction of Fred IN THE HOUSE OF REPRESENTATIVES exam by the sexual assault nurse examiner Korematsu, a Japanese-American who was and its operations is essential in Anchorage’s Monday, June 15, 2009 arrested in 1942 for not reporting to his des- effort to reduce and eliminate sexual assault. ignated assembly center for internment. Her Mr. YOUNG of Alaska. Madam Speaker, The SART lso responds to cases from other fight for justice and equal opportunity contin- pursuant to the Republican Leadership stand- Alaskan jurisdictions that do not have SART ued during law school, where she protested ards on earmarks, I am submitting the fol- programs, covering a large area, as the near- the university’s plan to scale back its affirma- lowing information regarding earmarks I re- est SART Center is 200 miles away. tive action program. After graduating, Otaka ceive as part of H.R. 2487—the Commerce, Appropriated Amount: $400,000 moved to Chicago to work for a commercial Justice, Science, and Related Agencies Ap- Detailed Finance Plan: law firm and later as counsel for the U.S. En- propriations Act, 2010. Program Administration, Victim Advocacy, vironmental Protection Agency. Project Name: Steller Sea Lion Comanage- Forensic Investigation: $340,000 After a racist comment by a Cook County ment, Biosampling and Outreach/Education Indirect/Communications: $60,000 Circuit Court Judge, Otaka, as co-chair of the Bill Number: H.R. 2487 Project Name: The Yukon River Drainage judiciary committee of the Asian American Bar Department of Commerce, NOAA–ORF Fisheries Association Association, led the effort to have him re- Legal name and address of entity receiving Bill Number: H.R. 2487 moved. She succeeded, with the judge failing earmark: Department of Commerce, NOAA–ORF to win the sixty percent of the vote required for Alaska Sea Otter and Steller Sea Lion Com- Legal name and address of entity receiving retention. mission earmark:

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A15JN8.025 E15JNPT1 jbell on PROD1PC69 with REMARKS E1422 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2009 The Yukon River Drainage Fisheries Asso- tivities for students in all grades from primary I requested $250,000 for the California De- ciation to secondary schools. i-SAFE has educated partment of Justice (CA DOJ) through the De- 725 Christensen Drive, Suite 3–B over 8.5 million students nationwide and has partment of Justice, Community Oriented Po- Anchorage, AK 99508 cooperative agreement with many of the State lice Services Meth Account. Representatives Description of how the money will be spent Dept. of Education(s) and Districts in all 50 BOB FILNER (CA–51) and SUSAN DAVIS (CA– and why the use of federal taxpayer funding is states including schools in Washington DC to 53) also requested additional funding for this justified: The Yukon River Drainage Fisheries name a few: Sidwell Friends School; St. Pat- program and the total amount received is Association (YRDFA) promotes healthy wild ricks Episcopal Day School; Woodridge Ele- $350,000. The entity to receive funding for this salmon fisheries along the Yukon River in mentary; Woodridge High School & St. Peters project is the California Department of Justice Alaska. It manages programs to aid in the Interparish School. at 13001 I Street, Sacramento, CA 95814. management through the gathering of data i-SAFE fulfills a vital role in the digital age from subsistence harvests, Native Elders’ and global information society, throughout the CA DOJ has made me aware that while knowledge and tracking fisheries issues im- United States by empowering Internet users California is the nation’s leader in meth pro- pacting Yukon River salmon. The Yukon River with the knowledge and awareness needed to duction, meth continues to be imported from Drainage Fisheries Association also educates garner the most benefit from Information and Mexico across the San Diego border. Addition- fishers and managers in responsible usage Communications Technologies (ICTs) and the ally, violent Mexican nationals are now setting and ensures both are able to work to steward Internet via safe, responsible, ethical and legal up operations in California, including East the salmon fisheries. use. County, due to the recent crackdown in Mex- The federal government is obligated to Beginning in 2009 Congress mandated that ico. As a result of a lack of resources, law en- maintain sustainable salmon runs on the elementary and secondary schools receiving forcement is not discovering meth labs until Yukon River through the Yukon River Salmon E-Rate discounts must submit a certification to they have already been deserted, leaving the Agreement and to provide subsistence priority the Federal Communications Commission that County to clean up. These funds will be used under the Alaska Native Interest Claims Act. as part of their Internet safety policy they are to purchase equipment used for investigation YRDFA plays a key role in involving the users ‘‘educating minors about appropriate online and seizure of meth labs, drug (all types) of the resources in maintaining the salmon behavior, including interacting with other indi- interdiction efforts, pay overtime to San Diego runs for which the federal government is re- viduals on social networking websites and in California Methamphetamine Strategy sponsible for managing. chat rooms and cyber bullying awareness and (CALMS) officers and train local law enforce- Appropriated Amount: $100,000 response. i-SAFE can provide to every school, ment. Local law enforcement and first re- Detailed Finance Plan: throughout the United States the ‘‘E-Rate Cer- sponders will be trained to deal with meth pro- Policy Monitoring; Board of Fisheries, Fed- tification Compliance Package’’. This package duction, clean up and sales. San Diego Coun- eral Subsistence Board: $40,000 includes all classroom curriculum that is man- ty will benefit by also having additional CA Yukon River subsistence and commercial dated to be taught through the Legislation DOJ enforcement teams in the County to com- mandate of the Broadband Act. fisheries revitalization: $15,000 bat drug sales and interdiction efforts. Salmon By-catch monitoring and reduction: Funding will be used to expand the i-SAFE $10,000 curriculum to more students and classrooms I also requested $250,000 for the County of Fisheries education and outreach: $10,000 throughout the nation as well as implement San Diego, CA, through the Department of Habitat monitoring; climate change impacts: the ‘‘E-Rate Compliance Package’’ into Justice, Office of Justice Programs—Byrne $15,000 schools throughout the nation. Discretionary Grants Account. The entity to re- Project Name i-Safe e-Safety Education and This request will also allow i-SAFE to pro- ceive funding for this project is the San Diego Outreach Initiative vide, on a quarterly basis, student assessment County Sheriff’s Department at 9621 Bill Number: H.R. 2487 data (i.e., metrics) to the district/schools upon Ridgehaven Court, San Diego, CA 92123. Department of Justice, OJP-Juvenile Justice request allowing them to have metrics on stu- Funding for this program will be used to im- Legal name and address of entity receiving dents behavioral attitudes towards online safe- plement and replicate the North County Gang ty. earmark: Enforcement Collaborative (NCGEC), which This Administration is focused on providing i-SAFE, Inc. focuses on cooperation and communication every student and school(s) the ability to com- 5900 Pasteur Court, Suite 100 among street level officers from numerous dif- Carlsbad, CA 92008 municate and learn through today’s 21st cen- tury communication. Safety is a key compo- ferent law enforcement jurisdictions. NCGEC Description of how the money will be spent has successfully reduced violent crime, gangs and why the use of federal taxpayer funding is nent for schools that provide students with the means to access online information and serv- and other activity and enterprises that result in justified: This funding will allow i-SAFE to ex- violent crime and gang violence in the tar- pand services to a projected 6.2 million stu- ices within their learning environment in the classroom. Education is the diadem to the geted region. Countywide, however, incidence dents nationally by the end of the 2009 school and severity of gang and drug crime is on the year. It will also help to fund the i-SAFE initia- success of students being empowered with the knowledge of learning safe and respon- rise (502 cases in 2007 to 616 cases in 2008), tives that provide data to FBI, local law en- especially with gangs that serve as the dis- forcement, schools and industry leaders such sible tactics as a citizen in today’s global economy. The only environment that is condu- tribution and enforcement arms of international as USPTO, RIAA and ASCAP. This data is drug cartels, as well as those involved with provided through the i-SAFE National Assess- cive for every student, regardless of age, race or socio-economic, to deploy such global edu- weapon and human trafficking. The 52nd Dis- ment Center—a compilation of student sur- trict comprises between 5 to 9 percent of all veys that serve as the world’s largest data cation, is that of the classroom. To date, over 8.5 million students nationwide have acquired gang crime activity countywide. These num- base of student online behavior and attitudes. bers, however, do not actually reflect gang Appropriated Amount: $630,000 the critical thinking and decision-making skills crimes because much of this activity goes un- Detailed Finance Plan: to ensure safe online behavior. The efficacy of reported. Additionally, San Diego is the largest i-SAFE Inc. is the leading provider of e- the i-SAFE program has proven invaluable to port of entry from Mexico, where cross border Safety education and training in schools na- the tax payers nationwide. operation among gangs is routine and from tionwide. i-SAFE also provides schools/dis- f San Diego, contraband is distributed nation- tricts behavioral statistical data regarding Inter- EARMARK DECLARATION ally. net behavior and usage by their students. i- SAFE programmatic assets address a broad I met with the San Diego County Sheriff’s range of e-Safety issues through a uniquely HON. DUNCAN HUNTER office to discuss the types of other organized OF CALIFORNIA comprehensive and holistic framework that in- groups involved in criminal activity, e.g., out- IN THE HOUSE OF REPRESENTATIVES cludes training of educators (i.e., Professional law motorcycle gangs, white supremacists, Development Program—i-SAFE has trained Monday, June 15, 2009 and skinheads in San Diego’s East County. over 85,000 educators nationwide) both online Mr. HUNTER. Madam Speaker, pursuant to East County will serve as a test site to see if and in-person, extensive community outreach the Republican Leadership standards on ear- this type of program will reduce these types of programs towards parents, seniors, legal/law- marks, I am submitting the following informa- gangs. From 2007 and 2008, there were 76 enforcement officers and, most importantly, a tion regarding earmarks I received as part of gang related prosecutions from the 52nd Dis- world-class age-appropriate curriculum which H.R. 2847, the Commerce-Justice-Science Ap- trict. If successful, the program will be ex- features integrated teaching and learning ac- propriations for FY 2010: panded nationally.

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A15JN8.028 E15JNPT1 jbell on PROD1PC69 with REMARKS June 15, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1423 CONDEMNING SHOOTING AT U.S. phen Tyrone Johns, an African American, was ety—to boldly confront not only the white su- HOLOCAUST MUSEUM shot dead by a white supremacist while de- premacists but also the gang violence, and not fending an institution devoted to Jewish history only the anti-Jewish screeds but also the hor- SPEECH OF and to the eradication of all forms of hatred rific racial diatribes littering the social con- HON. JERROLD NADLER and violence. science. We must not only improve security at Madam Speaker, last week’s tragic act of vi- OF NEW YORK the Holocaust Museum and other Jewish insti- olence reminds us yet again that black Ameri- tutions but also put more police on the streets IN THE HOUSE OF REPRESENTATIVES cans and Jewish Americans share a great in our urban neighborhoods; not only redouble Thursday, June 11, 2009 deal in common. Our two communities have a our efforts on education, training, and out- Mr. NADLER of New York. Mr. Speaker, I long history of fighting injustice and hate, reach but also take concrete measures to ex- rise in support of House Resolution 529 and to whether in the form of racism, anti-Semitism, pand opportunities like college, jobs, and condemn in the strongest possible terms the xenophobia, or any other form of senseless health care to all Americans. Let us once shooting yesterday at the United States Holo- hatred. We have so often stood together, again have African Americans and Jewish caust Memorial Museum in Washington. united in our desire to create a world free from Americans stand together for justice and Mr. Speaker, a just society has no place for the kind of violence that plagued this nation equality. acts of violence, and such acts deserve our last week. When Jewish Americans helped I urge my colleagues to support this strong condemnation. It is a terrible tragedy found the National Association for the Ad- resolution. any time innocent people are terrorized or vancement of Colored People in 1909 and the f murdered, and we must always speak out Urban League in 1910, they did so out of a EARMARK DECLARATION against such senseless conduct. conviction that by mitigating the evils of racial Yet the shooting at the Holocaust Memorial intolerance all people would benefit from an Museum was uniquely horrific, and deserving America free of discrimination and committed HON. TOM COLE of special repudiation, for it threatened an en- to equal justice and equal opportunity for all. OF OKLAHOMA tire group of people. It was the entire Jewish Indeed, W.E.B. Dubois told the Jewish Daily IN THE HOUSE OF REPRESENTATIVES community which was the target of the de- Forward in 1928 that ‘‘the Negro race looks to Monday, June 15, 2009 ranged shooter, Mr. James Wenneker von Jews for sympathy and understanding,’’ ref- Mr. COLE. Madam Speaker, pursuant to the Brunn. This hateful man has long held vicious erencing the sense amongst both communities Republican Leadership standards on ear- anti-Semitic and white supremacist views, and that in their respective histories they had en- marks, I am submitting the following informa- tragically yesterday he acted on this demented dured similar challenges. tion regarding earmarks I received as part of A few decades later African Americans outlook. H.R. 2847, the Departments of Commerce and would denounce the Nazis’ racial policies and It is all the more disgusting that Mr. von Justice, and Science, and Related Agencies fight against Hitler, while those of African de- Brunn carried out his evil act at the Holocaust Appropriations for FY2010. scent were marginalized in Germany and, in a Memorial Museum. It is there that we honor Requesting Member: Congressman TOM little-known twist of history, many African the millions of Jews and other victims of the COLE Nazi Holocaust. It is there that we educate Americans found themselves prisoners in con- Bill Number: H.R. 2847 thousands of people each day about this centration camps. Jewish Americans have al- Provision: Title I genocide, with the goal that it never be forgot- ways been deeply grateful to the members of Account: NOAA–ORF ten and never happen again. Committing an the Armed Forces who liberated the con- Legal Name of Requesting Entity: ‘‘The Uni- act of anti-Semitic violence at such a hallowed centration camps, including African American versity of Oklahoma’’ place is gross beyond words. soldiers who took part not only in freeing the Address of Requesting Entity: 100 E. Boyd Mr. Speaker, House Resolution 529 right- camps but seeing to the health and well being St, Room 1110, Norman, OK 73019 USA fully condemns the vicious shooting that took of Jewish refugees afterward. Description of Request: Provide an earmark place yesterday at the Holocaust Memorial Here in the United States, during the 1950s of $2,000,000 to support research and devel- Museum. It also urges the American people to and 1960s, black Americans and Jewish opment for a Phased Array Radar system, join us in condemning this horrific event, offers Americans often stood side by side in the fight with the capability of detecting forecasting ad- the condolences of the House of Representa- for civil rights and equal justice. Sometimes vanced detection of tornadoes, and other tives to the family of Officer Stephen Tyrone they even died for their efforts, as was the forms of severe weather at the National Se- Johns, and reaffirms our commitment to fur- case with the infamous 1964 murders of civil vere Storms Labs (NSSL) in Norman, OK. Ap- ther the mission of the United States Holo- rights workers James Chaney, Andrew Good- proximately, $800,000 is for Development of caust Memorial Museum. I urge all Members man, and Michael Schwerner in Mississippi. polarimetry and a phased array panel for ad- to support it. Over 50% of civil rights attorneys in the South vanced weather radar observations; $700,000 Mr. Speaker, let me close by thanking Rep- during those years were Jewish, and the two for Fundamental research on imaging radar resentative RON KLEIN for sponsoring this res- communities and their various advocacy orga- technology as a possibility for multi-function olution and repeating my emphatic denuncia- nizations were often united against the in- national radar coverage; and $500,000 will be tion of the horrific shooting. I also want to take flamed hatreds and acts of violence of that used for precision laboratory experiments for this opportunity to offer both my personal con- era. radio wave scattering of hydrometeors for ad- dolences to the family of Officer Johns and my Madam Speaker, last week’s shooting ex- vancements in numerical weather prediction. appreciation for his heroic actions and those emplified the extent to which our two commu- Requesting Member: Congressman Tom of the other museum employees. nities can be united on issues that profoundly Cole f and tragically affect us both. There is no doubt Bill Number: H.R. 2847 that the act of violence at the Holocaust Mu- Provision: Title II ON INTRODUCING A RESOLUTION seum was directed against the very notions of Account: COPS Law Enforcement Tech- REGARDING BLACK-JEWISH RE- equality, acceptance, and mutual respect that nology LATIONS AND THE SHOOTING AT our communities constantly strive for. We both Legal Name of Requesting Entity: ‘‘The THE UNITED STATES HOLO- share a common historical narrative around Chickasaw Nation’’ CAUST MEMORIAL MUSEUM discrimination, persecution, injustice, and ha- Address of Requesting Entity: 1130 West tred. But a significant part of that narrative Main St., Ada, Ok 74820 HON. ALCEE L. HASTINGS also includes our efforts to overcome those Description of Request: Provide an earmark OF FLORIDA hardships and together rise above the petty of $750,000 to administer a law enforcement IN THE HOUSE OF REPRESENTATIVES hatreds and tragic acts of violence that plague visual intelligence technology project for the our communities. Chickasaw and Choctaw Nations, which en- Monday, June 15, 2009 I hope that last week’s shooting at the Holo- compasses 22 counties in Southern and Mr. HASTINGS of Florida. Madam Speaker, caust Museum will not be dismissed as the Southeastern Oklahoma. Approximately, I rise to introduce a resolution expressing the random ravings of a crazed lunatic. But let us $39,000 will be used for program administra- sense of Congress regarding Black-Jewish re- also not forget that there have been many tion; $688,000 will be used for image libraries; lations and the June 10, 2009 shooting at the more acts of violence here in this country $7,500 will be used for media distribution and United States Holocaust Memorial Museum in since last week, and it is incumbent upon both equipment; and $15,500 will be used for in- Washington, D.C. Special Police Officer Ste- of our communities—indeed, our entire soci- stallation, training and customer support. For

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A15JN8.030 E15JNPT1 jbell on PROD1PC69 with REMARKS E1424 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2009 the first time, all federal, state, and local agen- EARMARK DECLARATION Tower Ice Bridge ...... 5,000 cies operating within the aforementioned areas Design Construction Drawings ...... 5,000 will have a common visual imagery tool to As Built Construction Drawings ...... 1,650 HON. DAVID G. REICHERT Shelter, Generator and Tank and Tower jointly manage emergencies. The project en- OF WASHINGTON Foundation design ...... 5,000 hances public safety, officer safety, and puts IN THE HOUSE OF REPRESENTATIVES Misc. Civil Construction (Includes extended sophisticated geospatial intelligence informa- Monday, June 15, 2009 Utility Trenching, Rock/Site Finish, Landscaping, Misc. Concrete and tion into the hands of those responding to fire, Mr. REICHERT. Madam Speaker, pursuant crisis, 911 calls, and more. In this way, they Bollards, Fuel Tank, install and fuel) .... 21,200 to the Republican Leadership standards on Site Acquisition and Zoning Services (In- can better respond to the situations at hand earmarks, I am submitting the following infor- cludes Building Permit Processing, Zon- and do so more safely. mation regarding earmarks I received as part ing submittal and Approval Process) .... 3,100 Requesting Member: Congressman TOM of H.R. 2487, the Fiscal Year 2010 Com- General Testing (Includes Soil Resistivity Test, Compact Test, Concrete Test, COLE merce, Justice, Science, and Related Agen- cies Appropriations Act. Grounding Test, Generator Load Test, Bill Number: H.R. 2847 (1) $500,000 for the Region 43, Pierce and Special Inspections) ...... 8,000 County Metropolitan Public Safety Commu- Construction Mgmt Services (includes Provision: Title II Subcontractor’s Construction Manage- Account: COPS Law Enforcement Tech- nications Interoperable First Responder Emer- ment, Project management Project Co- gency Communication System nology ordinator, Mobilization, Temp Facilities, Requesting Entity: Pierce County Sheriff De- Transportation of materials to Site and Legal Name of Requesting Entity: ‘‘City of partment, 930 Tacoma Avenue, Tacoma, WA Close out Preparation) ...... 26,100 Norman, Oklahoma’’ 98402 Tower Foundation ...... 95,000 Crane Rental ...... 15,000 Address of Requesting Entity: 201 West Agency: Department of Justice Account: COPS Tech Site Topographical Survey ...... 4,100 Gray, PO Box 370, Norman, OK, USA Funding Requested by: Rep. DAVE Standard Geotechnical Investigation ...... 20,000 Description of Request: Provide an earmark REICHERT Tower Freight ...... 18,500 of $250,000 to replace the state’s current net- Currently, Pierce County has several dis- Shelter Freight ...... 31,000 Tower ...... 98,000 working system for Computer Aided Dispatch, parate radio systems which do not allow easy interoperability, or only provide minimal inter- 12 x 32 Shelter w/aggregate ext. & twin record management, mobile data access, A/C units ...... 94,000 mapping, and other software tools critical to operability. There is a drastic need for im- Tower Lighting ...... 11,000 disaster response. Of this amount, approxi- proved operable communications and inter- Self-Supporting Tower Erection ...... 60,000 mately $135,000 would be used for application operable communications in Pierce County Fences/Gates ...... 25,000 software, $56,000 would be used for support which will take advantage of new technology. Building Permit review ...... 3,000 Two critical components of this project in- Geotech ...... 6,500 services, $28,000 would be used for third volve a county-wide radio system and 911 dis- Site Drawings ...... 2,000 party costs, $17,000 would be used for cus- patch centers. Pierce County will plan, pur- Geotech Follow Up ...... 2,000 tom software interfaces, and $14,000 would chase and build a county-wide interoperable Radio base stations (Includes antenna be used for travel and living expenses for the combiners, antennas, feedlines and radio communications system and two 911 lightning suppression ...... 165,000 contractors installing the system. The City’s dispatch centers (one police and one fire com- present system does not provide effective inte- Microwave backhaul equipment ...... 140,000 munications facilities), co-locating participating Multiplexers ...... 20,000 gration of these services and causes critical PSAPs into physically separate, fully redun- Misc. Parts and Supplies ...... 2,750 delays in disaster response. The City of Nor- dant and survivable Fire and Police commu- man will provide a minimum of a 50/50 cost nications facilities. This project will solve the Site Development Total ...... 1,000,000 share and this funding will come directly from County’s interoperability issues and establish the City. the capacity to use operating funds, staff and (2) $150,000 for the Valley Cities Public Safety Regional Broadband Network Requesting Member: Congressman TOM equipment more efficiently. Building a regional interoperable commu- Requesting Entity: City of Auburn, 25 West COLE nications system with two consolidated PSAPs Main Street, Auburn, WA 98001 Bill Number: H.R. 2847 will dramatically improve the ability of first re- Agency: Department of Justice Account: COPS Tech Provision: Title II sponders to respond to natural or manmade disasters within Pierce County and improve Funding Requested by: Reps. DAVE Account: COPS Law Enforcement Tech- day-to-day operational capabilities. This REICHERT, ADAM SMITH nology project comes at a critical time due to sun-set- The Valley Cities completed a regional Legal Name of Requesting Entity: ‘‘South- ting technology and FCC mandates. Addition- broadband network study in 2007 that rec- eastern Oklahoma State University’’ ally, this will enable all first responders to be- ommended the development of a regional fiber come interoperable. Citizens of Pierce County optic ring that would connect the Cities, sup- Address of Requesting Entity: 1405 N 4th port public safety, and enhance interagency Ave, PMB 4187, Durant, OK 74701 and the Puget Sound will benefit from first re- sponders rapidly deploying to events and com- communications, law enforcement capabilities, Description of Request: Provide an earmark municating effectively for life safety issues. and emergency response. Seven of the Valley of $270,000 to enhance the Emergency re- Additionally, an estimated 1,080 prevailing Cities are supported by the Valley Commu- sponse System at Southeastern Oklahoma wage jobs will be created to construct facilities nications 911 center. The development of a State University. Approximately, $20,000 is for and communications sites. Further, in-state fiber ring between these cities, including the a Campus-wide Panic Duress Systems; companies will have the opportunity to partici- Valley Communications 911 center, provides $200,000 for engineering; $75,000 for eco- pate in supplying building materials, equip- the infrastructure to support interagency com- nomic analysis; $2,000 is for SMS text mes- ment, supplies and services. Local and state munications. Additional wireless access de- saging software; $50,000 will be used for a governments will benefit from sales tax reve- vices will support communications in the field. This project also supports communications Campus-wide public announcement system; nues and permitting fees. between public safety entities during mutual $23,000 will be used for campus emergency Finance Plan: aid and disaster response, and will allow for call boxes; $75,000 will be used for an emer- future connectivity between regional 911 cen- gency power generator; $50,000 will be used Site development: Backhoe Excavation for Shelter Foundation ters such as LESA in Tacoma and NorComm for Equipment, Radios and Uniforms for public Designs ...... 6,000 in the Northeast King County area. safety staff; and $50,000 will be used for a fin- Shelter Foundation 12 x 32 ...... 18,500 The cities of the Valley, from Puyallup to gerprint and document imaging scanner. This Generator Foundation ...... 12,300 Tukwila, account for more than 65 percent of safety equipment will ensure that students feel Fuel Tank Foundation ...... 10,200 all industrial, distribution and warehousing in safe on campus and will increase the re- Shelter, Fuel Tank and Generator Place- the Puget Sound Region. Combined they are ment ...... 17,000 sponse abilities of Southeastern State. This Utility Locate ...... 1,100 known as the Green River Valley Distribution safety will also encourage more students to at- High voltage electrical installation ...... 30,000 Hub, an important and highly effective eco- tend this college and therefore grow the local Grounding for new shelter, generator, and nomic engine for the Puget Sound Region and community. tower components ...... 17,000 the entire state of Washington. Currently, the

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A15JN8.032 E15JNPT1 jbell on PROD1PC69 with REMARKS June 15, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1425 Valley Cities employ more than 85,000 people Valley Cities Public Safety Regional Broadband CELEBRATING ASIAN/PACIFIC- and have a population of over 300,000. There Network Cost Estimate—Continued AMERICAN HERITAGE are more than 12,400 acres of industrial lands, Consultant project 164 miles of truck routes and 8,432 acres of management ...... $450,000 SPEECH OF commercial land in this economic region. HON. LAURA RICHARDSON As the region grows, it is critical to maintain Total of estimates .... $920,000 OF CALIFORNIA effective tools for law enforcement in their ef- IN THE HOUSE OF REPRESENTATIVES forts to keep the community safe. The Auburn, Estimated Total Monday, June 8, 2009 Renton, Kent and Tukwila agencies own the Project Cost ...... $3,000,000 Valley Communications 911 center, which also Ms. RICHARDSON. Madam Speaker, I rise provides services to the Algona and Pacific today in strong support of H. Res. 435, cele- agencies. The funding will streamline their brating Asian Pacific American Heritage (3) $1,500,000 for the Washington State Month. I thank Chairman TOWNS and my Cali- communications and provide opportunities for Meth Initiative. communications in mutual aid or disaster re- fornia Delegation colleague, Congressman sponse situations throughout the nine Valley Requesting Entity: Pierce County Alliance, HONDA for their work in bringing this resolution Cities. In addition, City of Auburn provides 510 Tacoma Ave. So., Tacoma, WA 98402. to the floor today. This is a very exciting time for the Asian Public Safety Records Management services Agency: Department of Justice. for the Cities of Algona and Pacific. The se- American Pacific Islander (AAPI) community Account: COPS Meth. cure fiber network between these nine agen- and I am looking forward to working with my cies will allow the cities to have high speed Funding Requested by: Reps. DAVE colleagues in the Congressional Asian Pacific communications and meet the ever expanding REICHERT, ADAM SMITH, RICK LARSEN, NORM American Caucus and with the Obama Admin- Criminal Justice Information Security (CJIS) DICKS, BRIAN BAIRD. istration to advance the AAPI objectives. The 37th Congressional District of Cali- requirements that mandate the securing and The methamphetamine epidemic in Wash- encryption of these data networks. fornia, which I am privileged to represent, is ington State mandated an intensive, proactive home to one of the largest Asian constitu- The Cops Technology grant program pro- approach to address the problem on every encies in the nation, including large represen- vides funding for the continued development level, prompting the organization of the Wash- tations of Filipinos, Samoans and Cam- of technologies and automated systems that ington State Methamphetamine Initiative in bodians. My district is home to the largest help local law enforcement agencies prevent, 1999. A coalition of concerned, public and pri- Cambodian population in the United States, respond to, and investigate crime. As part of vate entities developed a comprehensive, inte- and the second largest Cambodian population a technology upgrade to begin in 2009, 911 grated program incorporating a focused treat- outside of Cambodia. Because of the diversity communications for the law enforcement capa- ment component, community mobilization and of my district and in our nation, I am a proud bilities and public safety community will be prevention, and environmental and property member of the Congressional Asian Pacific changed from radio to IP-based. This will re- damage remediation. American Caucus. quire wired (fiber) communications between WSMI’s main goals are to improve enforce- This year’s theme for Asian Pacific Amer- the Valley Communications 911 Center and ment, abate production of methamphetamine, ican Heritage Month is ‘‘Lighting the Past, public safety agencies, as well as wireless and provide prevention, treatment, and the Present, and Future.’’ The past is filled with communications between agencies and mobile necessary resources to mobilize communities rich cultural, economic, and technological con- computers installed in law enforcement vehi- tributions from the Asian community. The cles. state-wide. The program propagated an effec- tive treatment model to deal with the severity month of May was chosen to celebrate Asian The project will provide 65 direct family of the drug and created ‘‘Meth Action Teams’’ Pacific American Heritage for two significant wage jobs in the design and construction of (MATs) in every county, educating and orga- reasons. On May 7, 1843, the first Japanese this project. In addition, maintenance and op- nizing communities to combat the drug and all immigrants arrived to our country and on May erations of this fiber network will provide indi- its related effects at the grassroots. Having ef- 10, 1860, the first transcontinental railroad rect jobs with regional vendors who will pro- fectively launched the program in 2001, WSMI was completed. The transcontinental railroad vide the support of the network. seeks to continue to meet the compelling transformed our nation and could not have Finance Plan: threat of methamphetamine in our state by been completed without the inclusion of Chi- pursuit of a proven, cost-effective strategy that nese immigrants. Valley Cities Public Safety Regional Broadband Here in Congress, Dalip Singh Saund was Network Cost Estimate has reduced the number of illicit meth labs and dump site discoveries by over 70%. the first Asian American elected in 1957 and Construction Budget Esti- less than a decade later, Patsy Mink became mate: This funding is an ideal implementation of the first Asian American woman elected to Segment A: Backbone $750,000 the COPS ‘‘Meth Hot Spots’’ funding because Congress. Both overcame adversity to pave Segment B: Valley it directly targets the multi-faceted impacts of the way for all minorities, including a distin- Communications ...... $200,000 methamphetamine on our communities state- guished American and Medal of Honor winner, Segment C: Auburn wide. The funding will also be critical to the re- Senator DANIEL INOUYE, who has served in the City Hall ...... $50,000 tention of jobs related to the proactive inves- other body for nearly a half century. Today, Segment D: Federal tigation efforts related to methamphetamine Way City Hall ...... $500,000 we have seven Members of Congress of trafficking across the state. Asian descent and 25 Members of Congress, Segment E: Kent City Hall ...... $50,000 Finance Plan: including myself, in the Congressional Asian Pacific American Caucus. Segment F: Tukwila This finance plan reflects a continuation of City Hall ...... $50,000 The AAPI theme, the ‘‘present’’ dem- federal funding for the Washington State onstrates the great progress we have made as Segment G: Renton Methamphetamine Initiative (WSMI), initiated City Hall ...... $50,000 a country. Despite the challenges and adver- in 2000. The funds are allocated as indicated sity that Asian Pacific Americans have experi- Segment H: Puget below and the 2010 funding request will con- Sound Access ...... $50,000 enced, many have forged ahead and made tinue the current positions and activities of the significant contributions. History was made Segment I: Algona ...... $90,000 Initiative. Segment J: Pacific ...... $90,000 when this nation elected a President with such Segment K: Auburn Budget Item Federal County significant personal ties to the Asian Pacific M&O Facility to community. President Obama spent his child- Law Enforcement ...... 961,000 ...... Ellingson ...... $200,000 Prevention ...... 300,000 ...... hood in Hawaii and Indonesia. One of Presi- Treatment ...... 460,544 228,320 dent Obama’s first guests to the Oval Office Total of estimates .... $2,080,000 Indirect Costs ...... 278,456 ...... was the Prime Minister, Taro Aso of Japan. Total ...... 2,000,000 228,320 Further, President Obama appointed three Project Management & De- Asian Americans to his cabinet: Secretary of sign Budget Estimate: This office conducted site visits to meet with Energy, Dr. Steven Chu; Secretary of Com- Consultant design engi- representatives from all three of the projects merce, Gary Locke; and Secretary of Veterans neering ...... $470,000 listed above. Affairs, Eric Shinseki.

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A15JN8.033 E15JNPT1 jbell on PROD1PC69 with REMARKS E1426 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2009 I have much hope for the future because EARMARK DECLARATION EARMARK DECLARATION Asian Pacific Americans and all Americans are working together hand in hand with others to HON. RODNEY P. FRELINGHUYSEN HON. CATHY McMORRIS RODGERS ensure equality and advancement not only of OF NEW JERSEY OF WASHINGTON their community, but all communities. IN THE HOUSE OF REPRESENTATIVES Madam Speaker, let me again thank Con- IN THE HOUSE OF REPRESENTATIVES gressman HONDA, Chair of the Congressional Monday, June 15, 2009 Monday, June 15, 2009 Asian Pacific American Caucus, for his leader- Mr. FRELINGHUYSEN. Madam Speaker, Mrs. MCMORRIS RODGERS. Madam ship in introducing this resolution. I look for- pursuant to the Republican Leadership stand- Speaker, pursuant to the House Republican ward to celebrating the accomplishments of ards on earmarks, I am submitting the fol- standards on earmarks, I am submitting the Asian Pacific Americans this year and for lowing information regarding earmarks I re- following information regarding earmarks I re- years to come. ceived as a part of H.R. 2847, the Commerce, ceived as part of H.R. 2487, FY2010 Com- f Justice, Science, and Related Agencies Ap- merce, Justice, Science and Related Agencies FAMILY SMOKING PREVENTION propriations Act of 2010. Appropriations Act. AND TOBACCO CONTROL ACT Title II: Department of Justice Requesting Member: Congresswoman The 11th Congressional District was directly CATHY MCMORRIS RODGERS SPEECH OF impacted by the events of 9/11 and it is critical Bill Number: H.R. 2847 HON. DAVID E. PRICE to continue to make direct investments to im- Account: Office of Justice—Edward Byrne prove first responder and law enforcement Discretionary Grant Account OF NORTH CAROLINA Legal Name of Requesting Entity: Wash- IN THE HOUSE OF REPRESENTATIVES communications and for like technology and equipment upgrades. ington State University Friday, June 12, 2009 Bill Number: H.R. 2847 Address of Requesting Entity: 1036 Wilson Mr. PRICE of North Carolina. Madam Account: Community Oriented Policing Serv- Road, Pullman, Washington 99164 Speaker, I thank Chairman WAXMAN for his ices Description of Request: The Washington leadership on this important legislation—and Legal Name of Entity: Somerset County Of- State University Program of Excellence is on the whole range of public health issues be- fice of Emergency Management known for its cutting-edge, world-class re- fore the Congress—and have talked exten- Address of Requesting Entity: 20 Grove search into the treatment and prevention of sively with him about the intention of the use Street, P.O. Box 3000, Somerville, NJ 08876 methamphetamine abuse. This request will uti- lize existing infrastructure, which currently fo- of the term ‘‘small business tobacco manufac- Funding Level: $1,000,000 cuses on methamphetamine abuse, to focus turing industry’’ as it concerns the Scientific Description of Request: It is my under- on prescription drug abuse. Funds will be Advisory Committee established in Section standing that the funding would be used for used to provide for one research fellow, in- 917(b)(1). police communication equipment upgrades cluding necessary equipment and materials, to H.R. 1256 provides for the establishment of and interoperability technology enhancements. a 12-member Tobacco Products Scientific Ad- be a faculty member in the Center of Excel- Bill Number: H.R. 2847 visory Committee and stipulates that one of lence. The individual will be responsible for fo- Account: Community Oriented Policing Serv- the members of the Committee shall be a cusing on the effective treatment and preven- ices ‘‘representative of the interests of the small tion of prescription drug abuse. Legal Name of Entity: Sussex County Office business tobacco manufacturing industry’’ that of Emergency Management f may be filled on rotating, sequential basis by Address of Requesting Entity: 39 High representatives of different ‘‘small business to- EARMARK DECLARATION Street, Newton, New Jersey 07860 bacco manufacturers.’’ For the purpose of phrasing in compliance Funding Level: $1,000,000 HON. ANDER CRENSHAW Description of Request: It is my under- with certain requirements of this act Section OF FLORIDA standing that the funding would be used for 900(16) of the bill defines ‘‘small tobacco IN THE HOUSE OF REPRESENTATIVES product manufacturers’’ as those having fewer police communication equipment upgrades Monday, June 15, 2009 than 350 employees. However, the bill does and interoperability technology enhancements. not define what constitutes a ‘‘small business Bill Number: H.R. 2847 Mr. CRENSHAW. Madam Speaker, I rise tobacco manufacturer’’ as it relates to the Account: Community Oriented Policing Serv- today to submit documentation consistent with SAC. ices the Republican Earmark Standards. Chairman WAXMAN has assured me that I Legal Name of Entity: Essex County Office Requesting Member: Congressman ANDER am correct in concluding that the term in sec- of Emergency Management CRENSHAW tion 917(bX1) regarding membership on the Address of Requesting Entity: 50 Nelson Bill Number: H.R. 2847—Commerce, Jus- Advisory Committee is different from—and Place—2nd Floor, New Courts Building, New- tice, Science Appropriations Act of 2010 need not be interpreted as the same as—the ark, New Jersey 07102. Account: Office of Justice Programs—Juve- one used in proposed new section 900(16). Funding Level: $1,000,000 nile Justice Additionally, Chairman WAXMAN has assured Description of Request: It is my under- Legal Name of Receiving Entity: PACE Cen- me that when section 917(b)(1) says that one standing that the funding would be used for ter for Girls, Inc. member of the Scientific Advisory Committee police communication equipment upgrades Address of Receiving Entity: 1 West Adams must be a representative of the ‘‘small busi- and interoperability technology enhancements. Street, Suite 301, Jacksonville, FL 32202 ness tobacco manufacturing industry’’ that Title IV: Science Description of Request: I have secured does NOT mean that the person must be a Bill Number: H.R. 2847 $400,000 in funding in H.R. 2847 in the Office representative of a ‘‘small tobacco products Account: National Aeronautics and Space of Justice Programs—Juvenile Justice Ac- manufacturer’’ as defined in section 900(16). Administration, Cross-Agency Support Pro- count, under the Department of Justice for I appreciate the chair’s effort to ensure that grams PACEWorks! small manufacturers have a seat at the table Legal Name of Entity: Drew University The purpose of this program is to help guide on the Scientific Advisory Committee. The Funding Level: $1,000,000 at-risk female youths away from the justice passage of this important legislation is a vic- Address of Requesting Entity: 36 Madison system and toward a productive and self-sus- tory for public health and our nation’s children. Avenue, Madison, New Jersey 07940 taining adulthood. This project is eligible for I have supported this bill in both this and the Description of Request: It is my under- federal funding under the Department of Jus- last Congress because I believe we must standing the funding will be used for research tice, Office of Justice Programs—Juvenile Jus- place a far greater emphasis on youth smok- and curricula enhancements, including GIS tice Account. This transition program for at-risk ing prevention and the elimination of tobacco mapping and space imagery of the impact of girls and young women in Duval and Broward advertising aimed at children. The Food and climate change on forest resources and devel- counties includes vocational education, inte- Drug Administration is the logical agency to opment of new environmental studies courses grated employment, continuing education, and take on the new regulatory responsibilities, and for construction and improvements of independent living training. and Congress and the Obama Administration science laboratories, for science equipment Pace Center for Girls, Inc., will contribute need to make sure they have adequate sup- and technology, and for improvements to as- $430,000 to this project that will help curb the port to carry out this important job. sociated science classroom space. increasing amount of juvenile offenders. This

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A15JN8.035 E15JNPT1 jbell on PROD1PC69 with REMARKS June 15, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1427 project is eligible to receive a federal grant itor atmospheric conditions related to: Hazmat Description of Request: I have secured under the Department of Justice, Office of accidents, emergency situations and criminal $500,000 in funding in H.R. 2847 in the Com- Justice Programs—Juvenile Justice Account. activity. By providing funding for this project it munity Oriented Policing Services Technology Requesting Member: Congressman ANDER will enhance the Jacksonville Sheriff’s Office’s Account under the Department of Justice for CRENSHAW detection capability and mitigate con- the Law Enforcement Visual Intelligence Tool. Bill Number: H.R. 2847—Commerce, Jus- sequences to Hazmat accidents and crime The counties of Duval, Nassau, Union, tice, Science Appropriations Act of 2010 scenes, increase public and officer safety. Baker, Hamilton, Columbia, Leon and Madison Account: Office of Justice Programs—Byrne This project will serve the Port of Jackson- in North Florida will greatly benefit from the Discretionary Grants ville, DOD facilities based at the Port of Jack- availability of this Law Enforcement Visual In- Legal Name of Receiving Entity: City of sonville, and all of Duval County. The Jack- telligence Tool. It will allow them to manage Jacksonville, FL sonville Sheriff’s Office responds to Atmos- natural disasters, crime scenes, and emer- Address of Receiving Entity: 117 W. Duval pheric Emergency situations for both commer- gencies. Within seconds, a law enforcement St., #400, Jacksonville, Florida 32202 cial and military facilities at the port of Jack- officer will be able to view and analyze any Description of Request: I have secured sonville. Federal assets at the Port of Jack- house, building, intersection, fire hydrant, tree $1,250,000 in funding in H.R. 2847 in the Of- sonville do not have the capabilities for atmos- or any feature in the county from their laptop, fice of Justice Programs—Juvenile Justice Ac- pheric detection that this project will provide. workstation, or mobile device. count under the Department of Justice for the The Jacksonville Police Department is con- The Union County Sheriff will administer the At-Risk Youth Intervention Initiative. tributing $551,374 over a four year period for program for the following eight North Florida Jacksonville, FL, has been the ‘‘murder cap- officer training and additional costs related to counties: Union, Baker, Nassau, Columbia, ital’’ of Florida for nine years running, and 14 this project. Hamilton, Madison, Jefferson and Leon. The of the last 19 years, with the per capita homi- This project is eligible for federal funding eight counties involved in this program will cide rate spiking at an alarming rate since under the Department of Justice, Community share the administrative and officer training 2001. More than 10 percent of the murders in Oriented Policing Services Technology Ac- costs incurred by this program. Florida occur in Duval County, even though it count. This project is eligible for federal funding represents about 5 percent of the state popu- Requesting Member: Congressman ANDER under the Department of Justice, Community lation. CRENSHAW Oriented Policing Services Technology Ac- Jacksonville Journey’s At-Risk Youth Inter- Bill Number: H.R. 2847—Commerce, Jus- count. vention Initiative aims to reduce truancy, drop- tice, Science Appropriations Act of 2010 Requesting Member: Congressman ANDER out rates, and assess juveniles when initially Account: Office of Justice Programs—Byrne CRENSHAW entering the juvenile justice system. The three Discretionary Grants Bill Number: H.R. 2847—Commerce, Jus- pronged approach will utilize Out-of-School Legal Name of Receiving Entity: Tallahas- tice, Science Appropriations Act of 2010 Suspension Program, Juvenile Assessment see Community College Account: NOAA–ORF Center, and the Team Up after school edu- Address of Receiving Entity: 444 Appleyard Legal Name of Receiving Entity: Southern cation program. This program will divert at-risk Drive, Tallahassee, FL 32304 Shrimp Alliance youth away from the criminal system and dra- Description of Request: I have secured Address of Receiving Entity: P.O. Box 1577, matically reduce the number of unsupervised $245,000 in funding in H.R. 2847 in the Office Tarpon Springs, FL 34688 Description of Request: I have secured youth, improve academic outcomes, and re- of Justice Programs—Byrne Discretionary $700,000 in funding in H.R. 2847 in the Na- duce crime. grant program under the Department of Jus- tional Oceanic Atmospheric Administration— This project is a valuable use of taxpayer tice for the Florida Public Safety Initiative at Operations, Research and Facilities grant pro- funds because the At-Risk Youth Intervention Tallahassee Community College. gram under the Department of Commerce for Initiative aims to reduce truancy, drop-out After the September 11, 2001, tragic events, the Shrimp Industry Fishing Effort Research rates, and provide after school education pro- a concerted effort was begun by law enforce- Continuation. grams. This program will utilize Out-of-School ment agencies to reduce barriers that impede This project will utilize Electronic Logbooks Suspension Centers to provide a structured intelligence sharing so that future tragedies to fulfill federal regulations and statutory re- and safe environment for suspended juveniles. could be prevented. quirements to reduce bycatch, end overfishing, The National Criminal Intelligence Sharing Youth arrested in Jacksonville will be taken to and rebuild overfished stocks including red Plan (NCISP) was developed as a key tool the Juvenile Assessment Center where coun- snapper in federal waters. This project would that law enforcement agencies can employ to selors will determine an appropriate placement deploy Electronic Logbooks in the U.S. shrimp support crime-fighting and public safety efforts. and intervention strategy. Team UP, one of fleet which helps administer the collection and The NCISP developed minimum criminal intel- the other partners in the initiative, is an after- analysis of data. school program that provides education and ligence training standards for law enforcement This project is eligible for federal funding counseling services to low-income at-risk personnel, and recommended that ‘‘training under the Department of Commerce, National youth. should be provided to all levels of law enforce- Oceanic and Atmospheric Administration—Op- The Jacksonville Journey At-Risk Youth ment personnel involved in the criminal intel- erations, Research and Facilities Account. Intervention Initiative will be funded by local, ligence process.’’ Requesting Member: Congressman ANDER state, and private funds totaling $5,000,000. The Florida Public Safety Institute (FPSI) at CRENSHAW This project is eligible to receive a federal Tallahassee Community College initiated a Bill Number: H.R. 2847—Commerce, Jus- grant under the Department of Justice, Office project to update existing intelligence training tice, Science Appropriations Act of 2010 of Justice Programs—Juvenile Justice Ac- programs at FPSI to enable law enforcement Account: Community Oriented Policing Serv- count. and other criminal justice agency personnel ices Technology Requesting Member: Congressman ANDER engaged in the planning, collection, collation, Legal Name of Receiving Entity: City of CRENSHAW analysis, and dissemination of information and Jacksonville Beach, FL Bill Number: H.R. 2847—Commerce, Jus- criminal intelligence to meet NCISP standards. Address of Receiving Entity: 11 North Third tice, Science Appropriations Act of 2010 Tallahassee Community College will con- Street, Jacksonville Beach, FL 32250 Account: Community Oriented Policing Serv- tribute $394,000 to the project. This project is Description of Request: I have secured ices Technology eligible for federal funding under the Depart- $250,000 in funding in H.R. 2847 in the Office Legal Name of Receiving Entity: Jackson- ment of Justice, Office of Justice Programs— of Justice Programs—Community Oriented ville Sheriff’s Office Byrne Discretionary grant program. Policing Law Enforcement Technology grant Address of Receiving Entity: 501 East Bay Requesting Member: Congressman ANDER program under the Department of Justice for Street, Jacksonville, Florida 32202 CRENSHAW the City of Jacksonville Beach, FL to procure Description of Request: I have secured Bill Number: H.R. 2847—Commerce, Jus- an Interoperability P–25 Compliant Radio Sys- $750,000 in funding in H.R. 2847 in the Com- tice, Science Appropriations Act of 2010 tem. munity Oriented Policing Services Technology Account: Community Oriented Policing Serv- The City of Jacksonville Beach, FL, law en- Account under the Department of Justice for ices Technology forcement will procure an Interoperability P–25 Atmospheric Detection Equipment for the Legal Name of Receiving Entity: Union Compliant Radio System for public safety Jacksonville Sheriff’s Office. County, FL, Sheriff, Lake Butler, FL communications. This will enable the local law The Jacksonville Sheriff’s Office is seeking Address of Receiving Entity: 55 W. Main St. enforcement to communicate with all local first the atmospheric detection equipment to mon- Courthouse, #102, Lake Butler, FL 32054 responders in the area.

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A15JN8.039 E15JNPT1 jbell on PROD1PC69 with REMARKS E1428 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2009 The Jacksonville Beach Interoperability P– erans of America and I will introduce a copy when requesting services from major cities like 25 Compliant Radio System is a valuable use of their letter into the record. I hope my col- Houston. This request allows Sam Houston of taxpayer dollars because upgrading Jack- leagues will join me in supporting our men and State University—one of the nation’s foremost sonville Beach’s law enforcement public safety women in uniform, and outlaw the practice of criminal justice universities—to use its exper- communications to a digital system will enable penalizing our military for their service to our tise in forensic science to begin operations of the local law enforcement to better commu- country. the Regional Crime Laboratory started with nicate in case of natural disasters and emer- IRAQ AND AFGHANISTAN VETERANS OF funding I previously secured. This lab will pro- gencies. AMERICAN HADD ACT LETTER OF SUPPORT vide important forensics services to local law This project is eligible for federal funding (By Patrick Campbell) enforcement such as identification of con- under the Department of Justice, Community MAY 8, 2009. trolled substances, toxicology screening and Oriented Policing Services—Law Enforcement Hon. GERALD E. CONNOLLY, finger print matching. The lab will be able to Technology Account. Cannon House Office Building, Washington, service communities in a 75-mile wide area. f DC. The $1,000,000 included in this bill for this DEAR CONGRESSMAN CONNOLLY: Iraq and Af- project will be allocated to staff the SHSU Re- HELPING ACTIVE DUTY DEPLOYED ghanistan Veterans of America (IAVA) is gional Crime Lab and make it operational for ACT OF 2009 proud to offer our support for the Helping Active Duty Deployed Act of 2009 (HADD). serving regional law enforcement agencies. The Servicemember Civil Relief Act must Specific budget items include: capital outlays HON. GERALD E. CONNOLLY continue to be modernized to ensure that our (54%); salaries and benefits for laboratory OF VIRGINIA men and women in uniform are focusing on staff (37%); lab supplies (8%); and sub- IN THE HOUSE OF REPRESENTATIVES their missions overseas and not bureaucratic contracts for staff training (1%). Monday, June 15, 2009 morass back at home. Over 500,000 National f Guard and Reservists have been deployed Mr. CONNOLLY of Virginia. Madam Speak- since 9/11 and nearly 1/5th of those are cur- EARMARK DECLARATION er, today I introduced the Helping Active Duty rently enrolled in college. Without federal Deployed Act of 2009 to help the brave men protections these servicemembers who are HON. MARK E. SOUDER and women in our armed forces as they pre- deployed mid academic term face a patch- work of refund procedures which are con- OF INDIANA pare for deployment or change of station. The fusing and inconsistent. HADD will require IN THE HOUSE OF REPRESENTATIVES Helping Active Duty Deployed Act of 2009 colleges to refund tuition paid by the serv- Monday, June 15, 2009 (HADD Act), would relieve military personnel icemember for courses they could not com- who are deploying or changing station from plete due to a deployment. This legislation Mr. SOUDER. Madam Speaker, pursuant to onerous penalties that they currently incur for will also allow servicemembers who have cell the House Republican standards on earmarks, early termination of private contracts. It is un- phone contracts on a family plan to suspend I am submitting the following information re- conscionable that the members of our armed their service while they are overseas. While garding earmarks I received as part of H.R. forces who put their lives on the line to protect I was in Iraq, I was required to pay a month- 2847—Commerce, Justice, Science, and Re- ly fee to my cell phone provider in order to our freedom are charged early termination keep my cell phone contract current. I spent lated Agencies Appropriations Act, FY2010: penalties when facing deployment or change five hours of my first day back from Iraq in Requesting Member: Congressman MARK of station. a Cingular Wireless store just trying to get SOUDER The HADD Act will make it illegal for a cell my service restored. It took me over 7 Bill Number: H.R. 2847 phone company to charge an early termination months for the whole issue to get resolved Account: DOJ, COPS penalty to members of the military facing de- and required filing a complaint to the FCC Legal Name of Requesting Entity: Office of ployment or change of station. The 110th Con- and switching service providers. Prosecuting Attorney, Elkhart County gress provided that cellular telephone service If we can be of help in securing passage of Address of Requesting Entity: 301 South this bill, please feel free to contact me. We entered into solely by the military member was look forward to working with you. Main Street Suite 100; Elkhart, IN 46516 not subject to an early termination penalty Sincerely, Description of Request: Elkhart County is should the member receive change of station PATRICK CAMPBELL, the eye of the storm for the Midwest when it orders. However, many military members with Chief Legislative Counsel. comes to methamphetamine. Federal financial families have more affordable family plans, f assistance on this project will allow Elkhart and can still be charged early termination pen- County to advance a protocol to effectively ad- alties. They are faced with two unpalatable op- EARMARK DECLARATION dress Mexican cartels and local meth lab man- tions—continue to pay for a family plan they ufacturers that can be used as a model for are no longer able to use, or pay an early ter- HON. KEVIN BRADY Any Town, U.S.A. By reducing and/or elimi- mination penalty. OF TEXAS nating organized criminal drug enterprises, The HADD Act will make it illegal for a land- IN THE HOUSE OF REPRESENTATIVES confidence in the wellbeing of the community lord to charge an early termination penalty to can be restored. Monday, June 15, 2009 members of the military facing deployment or Requesting Member: Congressman MARK change of station. Although the current Serv- Mr. BRADY of Texas. Madam Speaker, pur- SOUDER icemember Civil Relief Act permits members suant to the Republican Leadership standards Bill Number: H.R. 2847 to legally terminate a residential lease, it does on earmarks, I am submitting the following in- Account: DOJ, COPS not exempt them from early termination pen- formation for publication in the CONGRES- Legal Name of Requesting Entity: City of alties. Conversely, existing law expressly pro- SIONAL RECORD regarding earmarks I received Fort Wayne hibits early termination penalties for termi- as part of H.R. 2847—Commerce, Justice, Address of Requesting Entity: One Main nating a motor vehicle lease. Science and Related Agencies Appropriations Street; Fort Wayne, IN 46802 The HADD Act will make it illegal for institu- Act, 2010. Description of Request: As part of its initia- tions of higher education to retain the unused Requesting Member: Congressman KEVIN tive to identify and apprehend criminal sus- portion of tuition a member of the military was BRADY, Texas 8th Congressional District pects, the City of Fort Wayne will obtain and forced to forgo due to deployment or change Bill Number: H.R. 2847—Commerce, Jus- operate an Automatic Fingerprint Identification of station. Military personnel should receive a tice, Science and Related Agencies Appropria- System (AFIS) for Latent Palm Prints. This tuition refund if they are deployed mid-semes- tions Act, 2010 new equipment will allow the Fort Wayne Po- ter. The 110th Congress passed the expanded Project: Sam Houston State University Re- lice Department to increase its ability to appre- GI Bill, expressing its support for our veterans. gional Crime Lab hend criminals and reduce the amount of time I cannot believe that we would implicitly dis- Account: Office of Justice Programs, Byrne officers must spend in investigating crime courage their education during their years of Discretionary Grants scenes, testifying in court and filing police re- service for fear that their tuition expenses may Requesting Entity: Sam Houston State Uni- ports. Data gathered from around the country be lost if they are called upon to actively serve versity has shown that by adding palm print identifica- their country. The HADD Act will fix this dis- Address of Requesting Entity: 1803 Avenue tion capabilities to an AFIS results in imme- parity. I, Huntsville, TX 77341 diate positive identification of criminal suspects Madam Speaker, the HADD Act has the en- Law enforcement agencies in rural commu- in 25% of cases. Better, more efficient identi- dorsement of the Iraq and Afghanistan Vet- nities experience long waits and backlogs fication methods will lead to more captures

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A15JN8.039 E15JNPT1 jbell on PROD1PC69 with REMARKS June 15, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1429 and prosecutions of criminals, keeping tax- Address of Requesting Entity: 501 Palm Av- EARMARK DECLARATION payers and their property safer. enue, Hialeah, FL 33010 f Description of Request: I have secured HON. JUDY BIGGERT $250,000 to enhance the City of Hialeah po- EARMARK DECLARATION OF ILLINOIS lice department’s current radio system which IN THE HOUSE OF REPRESENTATIVES does not allow for radio interoperability among HON. LINCOLN DIAZ-BALART other law enforcement agencies, especially Monday, June 15, 2009 OF FLORIDA important during times of statewide response Mrs. BIGGERT. Madam Speaker, pursuant IN THE HOUSE OF REPRESENTATIVES to natural disasters, domestic security inci- to the Republican Leadership standards on Monday, June 15, 2009 dents or multi-agency jurisdictional public safe- earmarks, I am submitting the following infor- mation regarding earmarks I received as part Mr. LINCOLN DIAZ-BALART of Florida. ty efforts. The XPS radio system would bridge of H.R. 2847, the Commerce, Justice, Madam Speaker, pursuant to the Republican the current gap and achieve interoperability Science, and Related Agencies Appropriations Leadership standards on earmarks, I am sub- with the State of Florida by replacing and up- Act, 2010. mitting the following information regarding ear- grading fixed end, portable and mobile radio Requesting Member: U.S. Representative marks I received as part of the FY 2009 Omni- communication equipment. JUDY BIGGERT bus. Requesting Member: Congressman LINCOLN Commerce, Justice, Science DIAZ-BALART Bill Number: H.R. 2847 Account: OJP—Byrne Discretionary Grants Requesting Member: Congressman LINCOLN Bill Number: H.R. 2847, the FY2010 Com- for Internet Safety Programs DIAZ-BALART merce, Justice, Science and Related Agencies Bill Number: H.R. 2847, the FY2010 Com- Appropriations Act Legal Name of Requesting Entity: The Vil- merce, Justice, Science and Related Agencies Account: Department of Justice, Juvenile lage of Downers Grove Appropriations Act Justice account Address of Requesting Entity: 801 Bur- Account: Department of Justice, COPS Law Legal Name of Requesting Entity: ARISE lington Ave, Downers Grove, IL 60515 Enforcement Technology account Foundation, Inc. Description of Request: Provide an earmark Legal Name of Requesting Entity: Miami- Address of Requesting Entity: 824 US Hwy of $5,000 to fund the implementation of four Dade County Public Schools 1, Suite 240, North Palm Beach, FL 33408 projects: the Bully Busters Program (4th Address of Requesting Entity: 1450 NE Sec- Description of Request: I have secured grade),which focuses on how to handle bul- ond Avenue, Miami, FL 33132 $550,000 which will be used to educate at-risk lies, including issues related to cyberbullying; Description of Request: I have secured youth. Established in 1986, ARISE has trained the Home Alone Program (5th grade), which is $600,000 to upgrade law enforcement equip- over 5,800 certified life skills instructors who designed for ‘‘latchkey’’ children and includes ment for the Miami-Dade County Public have gone on to teach over 4,000,000 docu- Internet safety; the Cyberbullying Program (7th Schools Police Department. In their mission to mented hours of evidence-based life skills les- grade), which was developed specifically for protect the children of our community, the sons. Specifically targeting high-risk youth, middle school students and focuses on the MDCPS Police Department has increasingly ARISEs goal is to stop the cycle of crime and consequences of cyberbullying; and the Pro- turned to new technologies. In 2005, laptop violence while offenders are young enough to tecting Your Child From Predators Program, computers were purchased through grants and learn life lessons—and ultimately, to reduce which is specifically for parents and includes a installed in officer’s vehicles. These upgrades rates of recidivism, drug abuse and violence segment about keeping children safe from on- allow officers to decrease paper-based work while building skills to keep juveniles in school line threats. by 80% and spend considerably more time at and out of harm’s way. The ARISE Life Man- f the public schools. agement Skills Lessons provide both training EARMARK DECLARATION Requesting Member: Congressman LINCOLN and program materials for teaching such les- DIAZ-BALART sons to incarcerated youth through interactive Bill Number: H.R. 2847, the FY2010 Com- methods that help develop positive social and HON. STEVE KING merce, Justice, Science and Related Agencies emotional skills needed to break the cycle of OF IOWA Appropriations Act violence and crime that would otherwise doom IN THE HOUSE OF REPRESENTATIVES Account: Department of Justice, Juvenile many of today’s juvenile offenders. Further, it Monday, June 15, 2009 Justice account provides demonstrable outcome measures on Legal Name of Requesting Entity: Florida Mr. KING of Iowa. Madam Speaker, pursu- the value of expanding this statistically proven, Venture Foundation ant to the Republican Leadership standards award-winning, professionally managed inter- Address of Requesting Entity: 782 NW on earmarks, I am submitting the following in- vention program. LeJeune Road, Suite 348, Miami, FL 33126 formation regarding earmarks I received as Description of Request: I have secured Requesting Member: Congressman LINCOLN part of H.R. 2847, the Commerce, Justice, $400,000 that will be used to provide eco- DIAZ-BALART Science, and Related Agencies Appropriations nomically disadvantaged young adults with the Bill Number: H.R. 2847, the FY2010 Com- Act, 2010. opportunities to obtain educational experience merce, Justice, Science and Related Agencies Requesting Member: Congressman STEVE that will enhance their employment skills. The Appropriations Act KING Youthbuild Outreach program complements Account: Department of Justice, Byrne Jus- Bill Number H.R. 2847, the Commerce, Jus- high school education by providing on-site tice Assistance account tice, Science, and Related Agencies Appro- construction training to at-risk youth. Not only Legal Name of Requesting Entity: Miami- priations Act, 2010 does Youthbuild Outreach help youth in dis- Dade County Account: DOJ, COPS Meth tressed communities with needed skills, upon Address of Requesting Entity: 111 NW 1st Amount: $200,000 graduation the program assists in employment Street, Suite 1032, Miami, FL 33128 Legal Name of Requesting Entity: Heartland referrals and job placement. Local entre- Description of Request: I have secured Family Services, Inc. preneurs will contribute to the program $150,000 to be used for the creation of a Address of Requesting Entity: 515 East through the creation of mentoring and prote´ge´ mortgage fraud task force (MFTF) national Broadway, Council Bluffs, IA 51503 relationships, including peer review groups. model to train law enforcement individuals in Description of Request: The requested fund- This community inclusive effort will benefit the those identified communities which represent ing will be used to continue the development Miami-Dade County and Broward County Pub- the ten highest concentrated areas affected by of the Southwest Iowa Methamphetamine lic Schools, as well as local unemployment. mortgage fraud. The Miami-Dade County Treatment Program, which is a collaborative Requesting Member: Congressman LINCOLN MFTF will serve as a national model based on effort between Heartland Family Services, the DIAZ-BALART its proven performance. The national model Iowa Department of Human Services, the Bill Number: H.R. 2847, the FY2010 Com- will be coordinated by Miami-Dade County and courts, and other social service agencies. It is merce, Justice, Science and Related Agencies administered by the United States Department a clinically managed residential service for Appropriations Act of Justice. The anticipated benefits include a substance abuse patients, using Heartland Account: Department of Justice, COPS ac- more effective process of dealing with and Family Service’s established residential treat- count prosecuting mortgage fraud in Miami-Dade ment and counseling facilities. The program Legal Name of Requesting Entity: City of County and nationwide, and eventually, a de- offers women a residential treatment service, Hialeah crease in the occurrence of mortgage fraud. and at the same time allows them to continue

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A15JN8.042 E15JNPT1 jbell on PROD1PC69 with REMARKS E1430 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2009 parenting their children. Treatment is directed experience to draw upon should they find opment Project, Legal Name of Requesting toward applying recovery skills, preventing re- themselves in a similar situation during the Entity: Allentown Police Department, Address lapse, promoting personal responsibility and course of their duties. These types of training of Requesting Entity: 425 Hamilton Street, Al- reintegrating the patient into work, education experiences have been shown to increase lentown, PA, 18101, Description of Request: and family life. Services include individual, those officers’ chances of survival in a poten- This funding will be used to develop a cohe- group and family therapy. tially deadly encounter. sive, regional communications network of The need for the Southwest Iowa Meth- With the experience gained through ten voice, data and video information sharing. This amphetamine Treatment Program centers years of continuous operation, the training network will leverage the capabilities of Inter- around the epidemic of methamphetamine center has been able to make connections net Protocol (IP) transport mechanisms to in- use. One in three child protective investiga- with the premier educators and trainers from crease the exchange of all types of data infor- tions in the Council Bluffs area involves this across the country in fields of expertise related mation amongst numerous first responder drug. Some babies are born with methamphet- to methamphetamine, prevention, mitigation, agencies in the Lehigh Valley area. This amine in their system, and children are ex- enforcement and prosecution. During this pe- project will allow multiple jurisdictions to per- posed to use of the drug in their home. Some riod the federal government has made signifi- form day-to-day public safety operations, task children live in homes where methamphet- cant investment in the program and the rep- force operations or large scale disaster situa- amine is being manufactured. utation of the National Training Center has tions through a seamless exchange of voice This level of care is a missing piece in the grown throughout the country. With the infra- and data communications in real time cir- substance abuse treatment continuum of care structure in place, an experienced staff and cumstances. Multiple first responder agencies, in Southwest Iowa. contacts with leading instructors in the field, including the cities of Allentown and Beth- This type of residential treatment and tar- the National Training Center is ready to con- lehem, are seeking to achieve interoperability geted case management services will increase tinue providing the high level of service law and information sharing within jurisdictions the likelihood of successful integration of serv- enforcement professionals have come to ex- throughout Lehigh and Northampton Counties. ices and abstinence, or reduced use of sub- pect. The goal of this project is to eliminate tech- stances of abuse and a reduction of harm to f nology to technology barriers that prohibit the community. The program participant will voice and data sharing among neighboring progress through the described continuum of EARMARK DECLARATION communities in Pennsylvania’s third largest care, integrating the delivery of services, and metropolitan region. The ability to commu- through the ability of case managers, will ac- HON. CHARLES W. DENT nicate and share information is critical to re- ducing crime and creating a safer environment cess a vast array of community resources. OF PENNSYLVANIA Requesting Member: Congressman STEVE for local residents. IN THE HOUSE OF REPRESENTATIVES KING Bill Number: H.R. 2847, the Commerce, Monday, June 15, 2009 Bill Number H.R. 2847, the Commerce, Jus- Justice, Science, and Related Agencies Ap- tice, Science, and Related Agencies Appro- Mr. DENT. Madam Speaker, pursuant to the propriations Act, FY2010, Account: Office of priations Act, 2010 House Republican Leadership standards on Justice Programs, Juvenile Justice, Title: Ad- Account: DOJ, COPS Meth earmarks, I am submitting the following infor- venture Challenge Education for Gang Pre- Amount: $800,000 mation regarding projects that are listed in vention (ACE), Legal Name of Requesting En- Legal Name of Requesting Entity: City of H.R. 2847, the Commerce, Justice, Science, tity: Valley Youth House Committee, Inc., Ad- Sioux City Police Department and Related Agencies Appropriations Act, dress of Requesting Entity: 829 Linden Street, Address of Requesting Entity: 601 Douglas FY2010: Allentown, PA 18101, Description of Request: Street, Sioux City, IA 51101 Bill Number: H.R. 2847, the Commerce, This funding will be used to advance an inten- Description of Request: The requested Justice, Science, and Related Agencies Ap- sive 21-week intervention for youth ages 15– funds will be used to continue the operations propriations Act, FY2010, Account: NOAA— 17. The program will benefit young people of the Sioux City Police Department’s National Operations, Research and Facilities, Title: who are at high risk for gang involvement due Training Center (NTC). The NTC maintains a Delaware River Enhanced Flood Warning Sys- to family members’ or neighbors’ connection vision of providing the most current and rel- tem, Legal Name of Requesting Entity: Dela- with gang activity or the youth’s own delin- evant training in the area of narcotics law en- ware River Basin Commission, Address of Re- quent behavior. As a result of their involve- forcement. Our mission is to support the over- questing Entity: 25 State Police Drive, PO Box ment in the proposed program, youth will de- all effort to control and reduce methamphet- 7360, West Trenton, NJ, 08628, Description of velop positive decision making, problem solv- amine production, trafficking and distribution Request: This funding will be used by the ing and leadership skills, enhancing their abil- on the local, regional and national level. The Delaware River Basin Commission (DRBC), in ity to become responsible and productive Sioux City Police Department is providing the conjunction with NOAA/NWS, USGS and the members of the local community. The ACE leadership in developing training now and for U.S. Army Corps of Engineers, to enhance the program was developed in response to the in- the future. Delaware River Basin’s flood warning system creasing presence and threat of gang activity The majority of the training done is geared through upgrades to the existing precipitation in the Lehigh Valley region, including the re- toward the line level officer or investigator. and stream gage network, improvements of cent introduction of several national gangs. The NTC not only offers classroom training, flash flood forecasting capabilities, flood warn- ACE was piloted as a four-week summer pro- but puts an emphasis on scenario based train- ing education and outreach, and increased gram in 2007 with federal funding through the ing. This training allows officers to get as support of flood coordination. 222 Corridor Anti-Gang Initiative. This funding close to the real stresses they will be sub- Bill Number: H.R. 2847, the Commerce, would make it possible to repeat the program jected to in a potentially deadly encounter Justice, Science, and Related Agencies Ap- four times in 2010 and expand it to include an without experiencing the real situation. By giv- propriations Act, FY2010, Account: COPS Law intensive follow-up component to increase im- ing officers the chance to practice these types Enforcement Technology, Title: Lehigh and pact and ensure that youth are able to sustain of scenarios during training, they will have an Northampton Counties Interoperability Devel- progress.

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0626 Sfmt 0634 E:\CR\FM\K15JN8.030 E15JNPT1 jbell on PROD1PC69 with REMARKS June 15, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1431 SENATE COMMITTEE MEETINGS cano Early Warning and Monitoring upon their death, and the nominations System, S. 874, to establish El Rio of Tristram J. Coffin, of Vermont, to be Title IV of Senate Resolution 4, Grande Del Norte National Conserva- United States Attorney for the District agreed to by the Senate on February 4, tion Area in the State of New Mexico, of Vermont, Joyce White Vance, of 1977, calls for establishment of a sys- S. 1139, to require the Secretary of Ag- Alabama, to be United States Attorney tem for a computerized schedule of all riculture to enter into a property con- for the Northern District of Alabama, meetings and hearings of Senate com- veyance with the city of Wallowa, Or- and Preet Bharara, of New York, to be mittees, subcommittees, joint commit- egon, and S. 1140, to direct the Sec- United States Attorney for the South- retary of the Interior to convey certain tees, and committees of conference. ern District of New York. Federal land to Deschutes County, Or- This title requires all such committees SD–226 egon. to notify the Office of the Senate Daily Small Business and Entrepreneurship SD–366 Digest—designated by the Rules Com- 3 p.m. Business meeting to markup S. 1233, to mittee—of the time, place, and purpose Armed Services reauthorize and improve the SBIR and of the meetings, when scheduled, and Readiness and Management Support Sub- STTR programs and for other purposes, any cancellations or changes in the committee and S. 1229, to reauthorize and improve meetings as they occur. To hold hearings to examine the Defense the entrepreneurial development pro- As an additional procedure along Authorization request for fiscal year grams of the Small Business Adminis- with the computerization of this infor- 2010 and the Future Years Defense Pro- tration. mation, the Office of the Senate Daily gram for military construction, envi- SR–428A ronmental, and base closure programs. 10:15 a.m. Digest will prepare this information for SR–222 Appropriations printing in the Extensions of Remarks Energy and Water Development Sub- section of the CONGRESSIONAL RECORD JUNE 18 committee on Monday and Wednesday of each 9:30 a.m. To hold hearings to examine proposed week. Banking, Housing, and Urban Affairs budget estimates for fiscal year 2010 for Meetings scheduled for Tuesday, To hold hearings to examine the Presi- the United States Army Corps of Engi- June 16, 2009 may be found in the Daily dent’s proposal to modernize the finan- neers and the Bureau of Reclamation. Digest of today’s RECORD. cial regulatory system. SD–192 SH–216 10:30 a.m. Environment and Public Works MEETINGS SCHEDULED Appropriations Business meeting to consider S. 787, to Defense Subcommittee JUNE 17 amend the Federal Water Pollution To hold hearings to receive testimony 9 a.m. Control Act to clarify the jurisdiction from outside witnesses. of the United States over waters of the Energy and Natural Resources SD–124 Business meeting to consider pending en- United States, S. 878, to amend the 2 p.m. ergy legislation. Federal Water Pollution Control Act to Foreign Relations SD–366 modify provisions relating to beach 10 a.m. monitoring, S. 937, to amend the Fed- To hold closed hearings to examine trea- Commerce, Science, and Transportation eral Water Pollution Control Act to en- ty negotiations with Russia. Aviation Operations, Safety, and Security sure that sewage treatment plants Room to be announced Subcommittee monitor for and report discharges of Commission on Security and Cooperation To hold hearings to examine aviation raw sewage, S. 690, to amend the in Europe safety, focusing on the role and respon- Neotropical Migratory Bird Conserva- To hold hearings to examine upcoming sibility of commercial air carriers and tion Act to reauthorize the Act, S. 479, Kyrgyzstan elections. employees. to amend the Chesapeake Bay Initia- 1539, Longworth Building SR–253 tive Act of 1998 to provide for the con- 2:30 p.m. Health, Education, Labor, and Pensions tinuing authorization of the Chesa- Armed Services Business meeting to consider Affordable peake Bay Gateways and Watertrails Emerging Threats and Capabilities Sub- Health Choices Act, subcommittee as- Network, and S. 933, to amend the Fed- committee signments, and any pending nomina- eral Water Pollution Control Act and To hold hearings to examine the Defense tions. the Great Lakes Legacy Act of 2002 to Authorization request for fiscal year SD–430 reauthorize programs to address reme- 2010 and the Future Years Defense Pro- Judiciary diation of contaminated sediment. gram for United States Special Oper- To hold an oversight hearing to examine SD–406 ations Command. the Department of Justice. Appropriations SR–222 SD–226 Transportation, Housing and Urban Devel- Homeland Security and Governmental Af- 2 p.m. opment, and Related Agencies Sub- fairs Appropriations committee Homeland Security Subcommittee To hold hearings to examine proposed To hold hearings to examine state busi- Business meeting to markup proposed budget estimates for fiscal year 2010 for ness incorporation practices, focusing budget estimates for fiscal year 2010 for the Department of Transportation. on the Incorporation Transparency and Department of Homeland Security Ap- SD–138 Law Enforcement Assistance Act. propriations bill. 10 a.m. SD–342 SD–192 Judiciary Commerce, Science, and Transportation Aging Business meeting to consider S. 417, to Surface Transportation and Merchant Ma- To hold hearings to examine Social Secu- enact a safe, fair, and responsible state rine Subcommittee rity in the 21st Century. secrets privilege Act, S. 257, to amend To hold hearings to examine freight SH–216 title 11, United States Code, to disallow transportation in America, focusing on 2:30 p.m. certain claims resulting from high cost options for improving the nation’s net- Commerce, Science, and Transportation credit debts, S. 448 and H.R. 985, bills to work. To hold hearings to examine the con- maintain the free flow of information SR–253 sumer wireless experience. to the public by providing conditions 3 p.m. SR–253 for the federally compelled disclosure Appropriations Energy and Natural Resources of information by certain persons con- Business meeting to markup the Home- Public Lands and Forests Subcommittee nected with the news media, S. 369, to land Security and Legislative Branch To hold hearings to examine S. 409, to se- prohibit brand name drug companies Appropriations Bills and the 302(b) Al- cure Federal ownership and manage- from compensating generic drug com- locations for fiscal year 2010. ment of significant natural, scenic, and panies to delay the entry of a generic SD–106 recreational resources, to provide for drug into the market, S. 1107, to amend the protection of cultural resources, to title 28, United States Code, to provide 3:30 p.m. facilitate the efficient extraction of for a limited 6-month period for Fed- Intelligence mineral resources by authorizing and eral judges to opt into the Judicial To hold closed hearings to examine cer- directing an exchange of Federal and Survivors’ Annuities System and begin tain intelligence matters. non-Federal land, S. 782, to provide for contributing toward an annuity for S–407, Capitol the establishment of the National Vol- their spouse and dependent children

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0626 Sfmt 0634 E:\CR\FM\M15JN8.000 E15JNPT1 jbell on PROD1PC69 with REMARKS E1432 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2009 JUNE 22 vidual complies with the laws of the JUNE 24 3 p.m. State. 9:30 a.m. Banking, Housing, and Urban Affairs SD–226 Armed Services Securities, Insurance and Investment Sub- 11 a.m. Emerging Threats and Capabilities Sub- Armed Services committee committee Airland Subcommittee To hold hearings to examine over-the- Closed business meeting to markup those Closed business meeting to markup those provisions which fall under the sub- counter derivatives, focusing on mod- provisions which fall under the sub- committee’s jurisdiction of the pro- ernizing oversight to increase trans- committee’s jurisdiction of the pro- parency and reduce risks. posed National Defense Authorization posed National Defense Authorization SD–538 Act for fiscal year 2010. Act for fiscal year 2010. SR–222 SR–232A JUNE 23 2 p.m. Veterans’ Affairs 9:30 a.m. Armed Services To hold an oversight hearing to examine Armed Services Strategic Forces Subcommittee the Department of Veterans Affairs Personnel Subcommittee Closed business meeting to markup those quality management activities. Closed business meeting to markup those provisions which fall under the sub- SR–418 provisions which fall under the sub- committee’s jurisdiction of the pro- 2:30 p.m. committee’s jurisdiction of the pro- posed National Defense Authorization Armed Services posed National Defense Authorization Act for fiscal year 2010. Closed business meeting to markup the Act for fiscal year 2010. SR–222 proposed National Defense Authoriza- SR–232A 3:30 p.m. tion Act for fiscal year 2010. Armed Services 10 a.m. SR–222 Readiness and Management Support Sub- Commission on Security and Cooperation committee in Europe JUNE 25 Closed business meeting to markup those To hold hearings to examine religious 9:30 a.m. provisions which fall under the sub- Armed Services liberty, media freedom, and the rule of committee’s jurisdiction of the pro- Closed business meeting to markup the law in Russia. posed National Defense Authorization proposed National Defense Authoriza- SVC–203/202 Act for fiscal year 2010. tion Act for fiscal year 2010. 10:30 a.m. SR–232A Judiciary 5:30 p.m. SR–222 Crime and Drugs Subcommittee Armed Services To hold hearings to examine S. 845, to SeaPower Subcommittee JUNE 26 amend chapter 44 of title 18, United Closed business meeting to markup those 9:30 a.m. States Code, to allow citizens who have provisions which fall under the sub- Armed Services concealed carry permits from the State committee’s jurisdiction of the pro- Closed business meeting to markup the in which they reside to carry concealed posed National Defense Authorization proposed National Defense Authoriza- firearms in another State that grants Act for fiscal year 2010. tion Act for fiscal year 2010. concealed carry permits, if the indi- SR–222 SR–222

VerDate Nov 24 2008 05:57 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0626 Sfmt 0634 E:\CR\FM\M15JN8.000 E15JNPT1 jbell on PROD1PC69 with REMARKS Monday, June 15, 2009 Daily Digest Senate adjournment of the Senate on June 12, 2009; which Chamber Action was referred to the Committee on Banking, Hous- Routine Proceedings, pages S6573–S6609 ing, and Urban Affairs. (PM–23) Page S6578 Measures Introduced: Nine bills and one resolu- Messages from the House: Page S6578 tion were introduced, as follows: S. 1258–1266, and Measures Referred: Page S6578 S. Con. Res. 27. Pages S6580–81 Executive Communications: Pages S6578–80 Measures Reported: S. 685, to require new vessels for carrying oil fuel Additional Cosponsors: Pages S6581–82 to have double hulls, with amendments. (S. Rept. Statements on Introduced Bills/Resolutions: No. 111–26) Page S6580 Pages S6582–S6608 Signing Authority—Agreement: A unanimous- Additional Statements: Pages S6577–78 consent agreement was reached providing that the Adjournment: Senate convened at 1:45 p.m. and Majority Leader be authorized to sign any duly en- adjourned at 4:31 p.m., until 10 a.m. on Tuesday, rolled bill or joint resolution from Monday, June 15 June 16, 2009. (For Senate’s program, see the re- to Wednesday, June 18, 2009. Page S6608 marks of the Majority Leader in today’s Record on Message from the President: Senate received the page S6609.) following message from the President of the United States: Transmitting, pursuant to law, a report on the Committee Meetings continuation of the national emergency that was (Committees not listed did not meet) originally declared in Executive Order 13405 of June 16, 2006, with respect to Belarus, as received during No committee meetings were held. h House of Representatives partments of Commerce and Justice, and Science, Chamber Action and Related Agencies for the fiscal year ending Sep- Public Bills and Resolutions Introduced: 17 pub- tember 30, 2010 (H. Rept. 111–155); and lic bills, H.R. 2866–2881; and 3 resolutions, H. H. Res. 545, providing for consideration of the Con. Res. 154; and H. Res. 546–547 were intro- conference report to accompany the bill (H.R. 2346) duced. Pages H6805–06 making supplemental appropriations for the fiscal Additional Cosponsors: Pages H6806–07 year ending September 30, 2009 (H. Rept. Reports Filed: Reports were filed today as follows: 111–156). Page H6805 H.R. 2765, to amend title 28, United States Speaker: Read a letter from the Speaker wherein she Code, to prohibit recognition and enforcement of appointed Representative Edwards (MD) to act as foreign defamation judgments and certain foreign Speaker Pro Tempore for today. Page H6747 judgments against the providers of interactive com- Recess: The House recessed at 12:37 p.m. and re- puter services (H. Rept. 111–154); convened at 2 p.m. Page H6748 H. Res. 544, providing for consideration of the bill (H.R. 2847) making appropriations for the De- D695

VerDate Nov 24 2008 06:12 Jun 16, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D15JN9.REC D15JNPT1 jbell on PROD1PC69 with DIGEST D696 CONGRESSIONAL RECORD — DAILY DIGEST June 15, 2009 Suspensions: The House agreed to suspend the rules the significant contributions of Hillel: The Founda- and pass the following measures: tion for Jewish Campus Life to college campus com- Providing additional personnel authorities for munities in the United States and around the world; the Special Inspector General for Afghanistan Re- Pages H6760–62 construction: S. 615, to provide additional personnel Recognizing the immeasurable contributions of authorities for the Special Inspector General for Af- fathers in the healthy development of children, ghanistan Reconstruction; Pages H6749–50 supporting responsible fatherhood, and encouraging Expressing condolences to the citizens of Italy greater involvement of fathers in the lives of their and support for the Government of Italy in the children, especially on Father’s Day: H. Res. 428, aftermath of the devastating earthquake that to recognize the immeasurable contributions of fa- struck the Abruzzo region of central Italy: H. Res. thers in the healthy development of children, to sup- 430, amended, to express condolences to the citizens port responsible fatherhood, and to encourage greater of Italy and support for the Government of Italy in involvement of fathers in the lives of their children, the aftermath of the devastating earthquake that especially on Father’s Day; Pages H6762–63 struck the Abruzzo region of central Italy, by a 2⁄3 yea-and-nay vote of 381 yeas with none voting Phylicia’s Law: H.R. 729, amended, to help keep ‘‘nay’’, Roll No. 336; Pages H6750–52, H6778–79 students safe on school-run, overnight, off-premises field trips, by a 2⁄3 yea-and-nay vote of 319 yeas to Expressing the sense of the House of Representa- 60 nays, Roll No. 338; Pages H6763–66, H6780–81 tives that North Korea should immediately stop any hostile rhetoric and activity towards the Re- Recognizing the Winston Churchill Memorial public of Korea and engage in mutual dialogue to and Library in Fulton, Missouri, as ‘‘America’s enhance inter-Korean relations: H. Res. 309, National Churchill Museum’’: H. Res. 390, amend- amended, to express the sense of the House of Rep- ed, to recognize the Winston Churchill Memorial resentatives that North Korea should immediately and Library in Fulton, Missouri, as ‘‘America’s Na- stop any hostile rhetoric and activity towards the tional Churchill Museum’’, and to commend its ef- Republic of Korea and engage in mutual dialogue to forts to recognize the importance of the historic leg- enhance inter-Korean relations; Pages H6752–56 acy of Sir Winston Churchill and to educate the peo- Honoring the contributions of Takamiyama ple of the United States about his legacy of char- Daigoro to Sumo and to United States-Japan rela- acter, leadership, and citizenship; Pages H6767–68 tions: H. Res. 479, to honor the contributions of Commending the purpose of the third annual Takamiyama Daigoro to Sumo and to United States- Civil Rights Baseball Game and recognizing the Japan relations; Pages H6756–57 historical significance of the location of the game Laredo Veterans Post Office Designation Act: in Cincinnati, Ohio: H. Res. 530, to commend the H.R. 2325, to designate the facility of the United purpose of the third annual Civil Rights Baseball States Postal Service located at 1300 Matamoros Game and to recognize the historical significance of Street in Laredo, Texas, as the ‘‘Laredo Veterans Post the location of the game in Cincinnati, Ohio; 2 Office’’, by a ⁄3 yea-and-nay vote of 374 yeas with Pages H6768–70 none voting ‘‘nay’’, Roll No. 337; Amending title 28, United States Code, to pro- Pages H6757–58, H6780 hibit recognition and enforcement of foreign defa- Kyle G. West Post Office Building Designation mation judgments and certain foreign judgments Act: H.R. 2422, amended, to designate the facility against the providers of interactive computer serv- of the United States Postal Service located at 702 ices: H.R. 2765, amended, to amend title 28, East University Avenue in Georgetown, Texas, as the United States Code, to prohibit recognition and en- ‘‘Kyle G. West Post Office Building’’; forcement of foreign defamation judgments and cer- Pages H6758–59 tain foreign judgments against the providers of Agreed to amend the title so as to read: ‘‘To des- interactive computer services; Pages H6770–73 ignate the facility of the United States Postal Service located at 2300 Scenic Drive in Georgetown, Texas, Court Security Enhancement Act of 2009: H.R. as the ‘Kyle G. West Post Office Building’ ’’. 2661, amended, to amend title 18, United States Page H6759 Code, to increase the penalty for violations of section Recognizing the significant contributions of 119 (relating to protection of individuals performing Hillel: The Foundation for Jewish Campus Life to certain official duties); and Pages H6775–76 college campus communities in the United States Agreed to amend the title so as to read: ‘‘To and around the world: H. Res. 493, to recognize amend title 18, United States Code, to increase the

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Committee on Armed Services: to hold hearings to examine P. Goosby, of California, to be Ambassador at Large and the Defense Authorization request for fiscal year 2010 Coordinator of United States Government Activities to and the Future Years Defense Program for ballistic mis- Combat HIV/AIDS Globally, Bonnie D. Jenkins, of New sile defense programs; to be possibly followed by a closed York, for the rank of Ambassador during her tenure of session in SVC–217, 9:30 a.m., SD–106. service as Coordinator for Threat Reduction Programs, Subcommittee on Airland, to hold hearings to examine and a promotion list in the Foreign Service, 2:15 p.m., the Defense Authorization request for fiscal year 2010 S–116, Capitol. and the Future Years Defense Program for Army mod- Committee on Homeland Security and Governmental Affairs: ernization and management of the Future Combat Sys- Subcommittee on Oversight of Government Management, tems Program, 2:30 p.m., SR–222. the Federal Workforce, and the District of Columbia, to Subcommittee on SeaPower, to hold hearings to exam- hold hearings to examine influenza prepared- ine the Defense Authorization request for fiscal year 2010 ness and the federal workforce, 10 a.m., SD–342. and the Future Years Defense Program for Navy ship- Full Committee, business meeting to consider the building programs, 2:30 p.m., SR–232A. nomination of Jeffrey D. Zients, of the District of Colum- Committee on Banking, Housing, and Urban Affairs: to bia, to be Deputy Director for Management, Office of hold hearings to examine new ideas for sustainable devel- Management and Budget, 11:45 a.m., S–216, Capitol. opment and economic growth, 9:30 a.m., SD–538. Committee on the Judiciary: Subcommittee on Antitrust, Committee on Commerce, Science, and Transportation: to Competition Policy and Consumer Rights, to hold hear- hold hearings to examine the nomination of Inez M. ings to examine cell phone text messaging rate increases Tenenbaum, Chair, Consumer Product Safety Commission and the state of competition in the wireless market, 2:30 (CPSC), 10:30 a.m., SR–253. p.m., SD–226. Full Committee, to hold hearings to examine the Select Committee on Intelligence: to hold closed hearings to nominations of Julius Genachowski, of the District of Co- examine certain intelligence matters, 2:30 p.m., S–407, lumbia, to be Chairman, and Robert Malcolm McDowell, Capitol. of Virginia, to be a Member, both of the Federal Com- munications Commission, 2:30 p.m., SR–253. House Committee on Energy and Natural Resources: business meeting to consider pending energy legislation, 10:15 Committee on Appropriations, Subcommittee on Military a.m., SD–366. Construction, Veterans Affairs and Related Agencies, to Subcommittee on National Parks, to hold hearings to mark up appropriations for fiscal year 2010 for Military examine the President’s proposed budget request for fiscal Construction, Veterans Affairs and Related Agencies, 9 year 2010 for the National Park Service and proposed ex- a.m., H–140 Capitol. penditures under the American Recovery and Reinvest- Subcommittee on Transportation, Housing and Urban ment Act, 2:30 p.m., SD–366. Development and Related Agencies, on FAA: FY2010 Committee on Environment and Public Works: to hold hear- Budget and Next Generation Air Transportation System, ings to examine the status and progress of New Orleans 9:30 a.m., 2358–A Rayburn. hurricane and flood prevention and coastal Louisiana res- Committee on Armed Services, to mark up the following toration, 2:30 p.m., SD–406. bills: H.R. 2647, National Defense Authorization Act for Committee on Finance: to hold hearings to examine cli- Fiscal Year 2010; H.R. 477, Federal Efficiency and Per- mate change legislation, focusing on tax considerations, formance Act of 2009; and H.R. 478, Federal Agency 10 a.m., SD–215. Performance Review and Efficiency Act, 10 a.m., 2118 Committee on Foreign Relations: business meeting to con- Rayburn. sider S. 962, to authorize appropriations for fiscal years Committee on Education and Labor, hearing on The Fu- 2009 through 2013 to promote an enhanced strategic ture of Learning: How Technology is Transforming Pub- partnership with Pakistan and its people, S. Res. 182, lic Schools, 10 a.m., 2175 Rayburn. recognizing the democratic accomplishments of the peo- Committee on Energy and Commerce, Subcommittee on ple of Albania and expressing the hope that the par- Communications, Technology and the Internet, hearing liamentary elections on June 28, 2009, maintain and im- on draft legislation to reauthorize the Satellite Home prove the transparency and fairness of democracy in Alba- Viewer Act, 10 a.m., 2322 Rayburn. nia, S. Con. Res. 23, supporting the goals and objectives Subcommittee on Oversight and Investigations, hearing of the Prague Conference on Holocaust Era Assets, S. Res. entitled ‘‘Terminations of Individual Health Policies by 153, expressing the sense of the Senate on the restitution Insurance Companies,’’ 10 a.m., 2123 Rayburn. of or compensation for property seized during the Nazi Committee on Financial Services, Subcommittee on Capital and Communist eras, and the nominations of Eric P. Markets, Insurance and Government Sponsored Enter- Schwartz, of New York, to be Assistant Secretary for Pop- prises, hearing entitled ‘‘Systemic Risk and Insurance,’’ ulation, Refugees, and Migration, Andrew J. Shapiro, of 10 a.m., 2128 Rayburn. New York, to be Assistant Secretary for Political-Military Subcommittee on Housing and Community Oppor- Affairs, Ellen O. Tauscher, of California, to be Under Sec- tunity, hearing entitled ‘‘H.R. 2336, GREEN Act of retary for Arms Control and International Security, Kurt 2009,’’ 2 p.m., 228 Rayburn. M. Campbell, of the District of Columbia, to be Assistant Committee on Foreign Affairs, Subcommittee on Europe, Secretary of State for East Asian and Pacific Affairs, Eric hearing on Strengthening the Transatlantic Alliance: An

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Overview of the Obama Administration’s Policies in Eu- sponse to Pakistan’s Humanitarian Crisis: The Situation rope, 1:30 p.m., 2172 Rayburn. and the Stakes,’’ 2 p.m., 2154 Rayburn. Subcommittee on International Organizations, Human Committee on Science and Technology, Subcommittee on Rights and Oversight, hearing on Exploring the Nature Energy and Environment, to mark up the following bills: of Uighur Nationalism: Freedom Fighters or Terrorists? H.R. 2693, Federal Oil Spill Research Program Act; 9 a.m., 2172 Rayburn. H.R. 2729, to authorize the designation of National En- Committee on Homeland Security, hearing on H.R. 2868, vironmental Research Parks by the Secretary of Energy; Chemical Facility Antiterrorism Act of 2009, 10 a.m., and H.R. 1622, To provide for a program of research, de- 311 Cannon. velopment, and demonstration on natural gas vehicles, 10 Committee on the Judiciary, Subcommittee on Commer- a.m., 2318 Rayburn. cial and Administrative Law, hearing on Bankruptcy Subcommittee on Technology and Innovation, and the Judgeship Needs, 11 a.m., 2141 Rayburn. Committee on Natural Resources, Subcommittee on Insular Subcommittee on Research and Science Education, joint Affairs, Oceans and Wildlife, hearing on the following hearing on Agency Response to Cyberspace Policy Re- bills: H.R. 2055, Pacific Salmon Stronghold Conservation view, 2 p.m., 2318 Rayburn. Act of 2009; and H.R. 2565, National Fish Habitat Con- Committee on Transportation and Infrastructure, Sub- servation Act, 10 a.m., 1334 Longworth. committee on Water Resources and Environment, to con- Subcommittee on National Parks, Forest and Public tinue hearings on Agency Budgets and Priorities for Lands, and the Subcommittee on Water and Power, joint FY2010, 2 p.m., 2167 Rayburn. oversight hearing entitled ‘‘Mountain Pine Beetle: Strate- Committee on Veterans’ Affairs, Subcommittee on Over- gies for Protecting the West,’’ 10 a.m., 1324 Longworth. sight and Investigations, hearing on Endoscopy Proce- Committee on Oversight and Government Reform, Sub- dures at the VA: What Happened, What Has Changed? committee on Government Management, Organization 10:30 a.m., 340 Cannon. and Procurement, hearing entitled ‘‘The State of Federal Contracting: Opportunities and Challenges for Strength- Joint Meetings ening Government Procurement and Acquisition Poli- Commission on Security and Cooperation in Europe: to hold cies,’’ 9 a.m., 2154 Rayburn. hearings to examine instability in North Caucasus in Subcommittee on National Security and Foreign Af- Russia, 10 a.m., 1539, Longworth Building. fairs, hearing entitled ‘‘U.S. Contributions to the Re-

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, June 16 10:30 a.m., Tuesday, June 16

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: Consideration of the following morning business (not to extend beyond 11 a.m.), Senate suspensions: (1) H.R. 403—Homes for Heroes Act of will resume consideration of the motion to proceed to 2009; (2) S. 614—A bill to award a Congressional Gold consideration of S. 1023, Travel Promotion Act, and after Medal to the Women Airforce Service Pilots; (3) H.R. a period of debate, vote on the motion to invoke cloture 1674—National Consumer Cooperative Bank Act thereon. Amendments of 2009. Consideration of the conference re- (Senate will recess from 12:30 p.m. until 2:15 p.m. for their port to accompany H.R. 2346—Supplemental Appropria- respective party conferences.) tions Act, 2009 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Frelinghuysen, Rodney P., N.J., E1426 Miller, Jeff, Fla., E1410, E1414 Garrett, Scott, N.J., E1403 Murphy, Patrick J., Pa., E1407, E1409 Adler, John H., N.J., E1408 Gingrey, Phil, Ga., E1420 Murphy, Tim, Pa., E1420 Akin, W. Todd, Mo., E1408, E1416 Gohmert, Louie, Tex., E1411 Nadler, Jerrold, N.Y., E1423 Alexander, Rodney, La., E1411 Granger, Kay, Tex., E1411 Petri, Thomas E., Wisc., E1415 Biggert, Judy, Ill., E1429 Harper, Gregg, Miss., E1415 Platts, Todd Russell, Pa., E1413 Bishop, Rob, Utah, E1419 Hastings, Alcee L., Fla., E1423 Pomeroy, Earl, N.D., E1407 Blunt, Roy, Mo., E1415 Hastings, Doc, Wash., E1416 Price, David E., N.C., E1426 Boozman, John, Ark., E1409, E1411 Heller, Dean, Nev., E1417 Quigley, Mike, Ill., E1404 Brady, Kevin, Tex., E1428 Honda, Michael M., Calif., E1421 Reichert, David G., Wash., E1424 Brown-Waite, Ginny, Fla., E1415 Hunter, Duncan, Calif., E1422 Richardson, Laura, Calif., E1425 Burgess, Michael C., Tex., E1408 Israel, Steve, N.Y., E1421 Cao, Anh ‘‘Joseph’’, La., E1418 King, Steve, Iowa, E1429 Rogers, Harold, Ky., E1408 Capuano, Michael E., Mass., E1406 Kirkpatrick, Ann, Ariz., E1417 Rogers, Mike, Ala., E1417 Cole, Tom, Okla., E1423 Lee, Christopher John, N.Y., E1417 Rohrabacher, Dana, Calif., E1410 Connolly, Gerald E., Va., E1428 Lewis, Jerry, Calif., E1404 Schiff, Adam B., Calif., E1403 Crenshaw, Ander, Fla., E1426 Luetkemeyer, Blaine, Mo., E1407 Shuster, Bill, Pa., E1403, E1405, E1409 Culberson, John Abney, Tex., E1416 Lungren, Daniel E., Calif., E1405 Smith, Lamar, Tex., E1403, E1404, E1409 Dent, Charles W., Pa., E1430 McKeon, Howard P. ‘‘Buck’’, Calif., E1406 Souder, Mark E., Ind., E1428 Diaz-Balart, Lincoln, Fla., E1429 McMorris Rodgers, Cathy, Wash., E1421, E1426 Wolf, Frank R., Va., E1407 Diaz-Balart, Mario, Fla., E1417 Maloney, Carolyn B., N.Y., E1414 Young, C.W. Bill, Fla., E1412 Duncan, John J., Jr., Tenn., E1419 Markey, Edward J., Mass., E1419 Young, Don, Alaska, E1421

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